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R2011-142 - 2011-11-14ATTEST: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE PEARLAND GATEWAY MONUMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for construction services associated with the Pearland Gateway Monument, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Architrave Construction and Design, Inc., in the amount of $77,950.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for construction services associated with the Pearland Gateway Monument. PASSED, APPROVED and ADOPTED this the 14 day of November, A.D., 2011. L's NG, ETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY RESOLUTION NO. R2011 -142 TOM REID MAYOR nHid g4:40 Ra O 0 C. 0 0 0 H o 0 0 0 0 O O I,- N V) in o 0 N C)C 6) Nr N p c' (NI C ER to EA a) CL E 7 C a)G) OE to cC N 0 v v v v v J O. c d - Q-' O) C_ HHHHH `- U U U U U y0_rr a_ aa_ a_ a. r V 0 dN M ~� M 7 Q d N ts U C C C 0 O c- V C C a o0000 u) o h N N N N N O CD M M c," (h ol 'a N O p 8O O P. 0 R C U C X O O d) fa Ca a-'cti XXXXX N O 4- N I- I- H 1- H 0 0 Es (6 2 0_ Q- C C 0 N U) N -- _c UU '-' raa o °) E Q 0 p o O) n 0 0 C c C a) O C > 0 o o 0 0 o p t Q-a _ O C) >, O c CO N V 7 7 n a- U (a -0 Ur O `- ,- 0 0 0 (a Q 1 1 I H J o -O C ,- p ) CN ay O O N O ) C N M G) O Q (a O O Q O Od Co .- ZH c.) 06 c i (n O L .CId N U2 J C E 7 o O N Zc CO w a) cn o + o_ o o n 7 y cy6 c O c c o O J a > Y a) W U N y y CS Q p CI c (6 Xcc C R d �+ Oa' 0 _ C p C N O Q C1 a) ~ y 0 N E L '� u) -O E to IZ I7) "0 a:+ TS Q 0 N CO E a O Q 0) 0 a) 3 0 [fli- COOU CL ZQpi W --) U IYfn = October 18, 2011 City of Pearland 3519 Liberty Drive Pearland, TX 77581 Attention: Mr. Skipper Jones Project Manager Projects Department Reference: City of Pearland Gateway Subject: Contract Award Dear Mr. Jones: Competitive bids for the City of Pearland—COP PN: PST01, Bid No. 0311-21 Pearland Gateway were received and opened at 2:00 pm on October 13, 2011. Five bids were received with Total Bid Prices ranging from $77,950.00 to$127,500.00. Architrave Construction & Design, Inc. submitted the low bid price of$77,950.00 The City of Pearland has tabulated and Knudson, LP has reviewed all of the bids submitted. There were no discrepancies found within the submitted bids. The following is a list of the bids for the above referenced project. Only the Subtotal Base Bid Items and Total Bid with Alternates are listed. They are listed from low to high. Subtotal Base Bid Price: Architrave Construction & Design, Inc. $77,500.00 Hoggatt, LP. $90,812.00 RAM Design+Build $95,272.00 Jerdon Enterprise, LP $101,101.00 Comex Corporation $132,000.00 Total Bid Price with Alternatives: Architrave Construction & Design, Inc. $77,950.00 Hoggatt, LP. $92,477.00 RAM Design+Build $97,222.00 Jerdon Enterprise, LP $102,001.00 Comex Corporation $127,500.00 1 Upon review of these bids, phone conversations with references, and past project experience, we recommend that the City of Pearland accept the Total Bid Price from Architrave Construction & Design, Inc., in the amount of$77,500.00. Please call me at 713.932.4011 if you have any questions or comments. Sincerely, Knudson, LP Chris McBride Project Manager 2 FOR PEARLAND PARKWAY COP PROJECT No.: PSTRO1 BID No.: 0311n21 June 29, 2011 Prepared By: Knudson, LP 8588 Katy Freeway — Suite 441 Houston, TX 77024 713-463-8200 SECTION TITLE CITY OF PEARLANI) BRAZORIA COUNTY, TEXAS TABLE OF CONTENTS DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS NO OF PAGES 00100 Invitation to Bid 3 00200 Instructions to Bidders 8 00300 Bid Proposal 2 00500 Standard Form of Agreement 7 00610 Performance Bond 2 00611 Payment Bond 7 00612 One -Year Maintenance Bond 2 00615 Partial Waiver of Lien 1 00700 General Conditions of Agreement 58 00800 Special Conditions of Agreement 2 00811 Wage Scale for Engineering Construction 2 00850 Drawing Index 1 DIVISION 1- GENERAL REQUIREMENTS 01100 Summary of Work 2 01140 Contractor's Use of Premises 4 01200 Measurement and Payment Procedures 3 01290 Change Order Procedures 4 01310 Coordination and Meetings 3 01350 Submittals 7 01380 Construction Photographs 3 01420 Referenced Standards 5 01430 Contractor s Quality Control 2 01440 Observation Services 1 01450 Testing Laboratory Services 2 01505 Temporary Facilities and Controls 10 01505 Mobilization 2 01550 Stabilized Construction Exits 4 01555 Traffic Control and Regulation 4 01560 Filter Fabric Fence 3 01562 Waste Material Disposal 3 01563 Tree and Plant Protection 4 01564 Control of Ground Water and Surface Water 8 01565 TPDFS Requirements 3 01566 Source Controls for Erosion and Sedimentation 5 01570 Trench Safety System 4 01580 Project Identification Signs 4 01600 Material and Equipment 3 00010 - 1 of2 CITY OF PEARLAND TABLE OF CONTENTS 01630 01720 01730 01760 01770 Product Options and Substitutions 3 Field Surveying 2 Cutting and Patching 3 Project Record Documents 7 Contract Closeout 2 DIVISION 2 - SITE WORK 02200 Site Preparation 02220 Site Demolition 02252 Cement Stabilized Sand 02255 Bedding, Backfill, and Embankment Materials 02317 Excavation and Backfill for Structures 02330 Embankment 02910 Topsoil 02922 Sodding DIVISION 3 - CONCRETE 03100 Concrete Formwork 03200 Concrete Reinforcing 03300 Cast in Place Concrete 2 DIVISION 4 - MASONRY 04100 Masonry Mortar 04200 Manufactured Stone Masonry 04300 Unit Masonry 12 12 5 7 7 5 3 4 3 2 8 3 6 5 DIVISION 5 - METALS 05510 Sitework Metal Fabrications 6 DIVISION 16 - ELECTRICAL 16000 Electrical General 3 hND OF SECTION 00010 - 2 of 2 CITY OF PEARLAND INVITATION TO BID Section 00100 INVITATION TO BID CITY OF PEARLAND, TEXAS Sealed Electronic Bids will be accepted for the following project, in the City's E-bid System. Electronic bids shall be submitted through the City's web site at: www.cityofpearland org/bids. All interested Bidders are required to register as a "supplier" on the City's E-bid System at the above web address and clicking on "Supplier Registration". Registration provides automatic access to any changes to the Plans, Specifications or Bid time and date. However, submission of an E-bid requires completing a short registration questionnaire found on this web site. For more information regarding registration instructions, See, INSTRUCT IONS TO BIDDERS, Section 00200, included in the project bid documents viewable on the web site. Questions iegarding electronic bidding should be directed to City Puichasing Officer at ebids@ci pearland.tx.us All Bids submitted electronically will remain confidential untill the opening date and time when they will be opened and read into the public record. Bids, shall be submitted on the form provided in the E-bid System and submitted electronically through this system to the Office of the City Purchasing City of Pearland, City Hall located at 3519 Liberty Drive, Pearland, Texas 77581. Electronic bids will be accepted until 2:00 p.m., Thursday, October 13 2011 All Bids shall reference the following project information in the appropriate locations in provided electionic format. All properly submitted bids shall be publicly "opened" and read aloud into the public record following the closing; of the acceptance period for the construction of: Pearland Gateway City of Pearland, Texas COP PN: PSTRO1 BID NO.: 0311-21 A mandatoiy pre -bid conference will be held at the City of Pearland City Hall at 3519 Liberty Drive, Pearland, Texas 77581 at 2:00 p.m. on Sept, 29, 2011 in the Second Floor Conference Room The project will entail the construction of the Pearland Gateway monument to be located within the center median along Pearland Parkway south of Beltway 8. The work includes earthwork and site grading, steel fabrication, masonry construction and includes an electrical alternate. Upon award of a contract, the successful Bidder will be required to utilize the City's web based project management software, Pro-Trak" for the administration of the construction pioject, including but not limited to, all transmittals and material submittals BFI's, RFC's, Change Orders, Applications for Payment and all project communications with the City, its Construction Manager and Engineer. This system has certain hardware, Internet access and operation requirements that form the basis for all pioject communications, documentation and records for the project. For more information, see INSTRUCTIONS TO BIDDERS, Section 00200. 08, 2011 00100 - 1 of 3 CITY OF PEARLAND INVITATION TO BID Electronic Bid Documents: including Contract Documents, Plans and Technical Specifications are available foi download on the City's Website at: www cityofpearland.org/bids upon registration. The documents are viewable without registration. These same documents are also available at the following locations. City of Pearland, City Hall Purchasing Department 3519 Liberty Drive Pearland, Texas 77581 Amtek Plan Room 4001 Sherwood I-Iouston, TX 77092 The Associated General Contractors of America, Inc. 2400 Augusta, Suite 180 Houston, TX 77057 Associated Builders & Contractors of Greater Houston 3910 Kirby, Suite 131 Houston, TX 77098 Dodge Reports 10606 Hempstead Rd., Suite 110 Houston, Texas 77092 (281) 652-1600 (713) 956-0100 (713) 334-7100 (713) 523-6222 (713) 316-9411 No plan fees or deposits are required for plans and bid documents obtained through the City's E- bid System. BIDDERS MUST REGISTER AS A SUPPLIER ON THE CITY'S E-BID SYSTEM IN ORDER TO SUBMIT A BID EVEN IF BID DOCUMENTS ARE OBTAINED VIA ONE OF THE PLAN HOUSES Bidders accept sole responsibility for downloading all of the required documents, plans, specifications bid forms and addenda required for bidding. No bid may be withdrawn or terminated for a period of sixty (60) days subsequent to the bid opening date without the consent of the City of Pearland. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s) Bid Security and Bonds: Bid Security in the form of Cashier's Check, Certified Check, or Bid Bond payable to the City of Pearland in the amount of 5% of the total base bid price must accompany each proposal. Bidders submitting bids electronically through the E-bid System shall scan and up -load a copy of the sealed Bid Bond as an attachment to their bid. Original Bid Bonds shall be delivered to the City's Purchasing Officer prior to the opening of bids Bid bonds shall be delivered to: Office of City Purchasing Finance Department, 2" Floor City Hall, 3519 Liberty Diive, Pearland, Texas 77581. 08, 2011 00100 - 2 of 3 CITY OF PEARL ND INVITATION TO 131ll The successful Bidder must furnish Performance and Payment Bonds as required by Chapter 2253 of the Texas Government Code or other applicable law, as amended, upon the form included in the Contract Documents, in the amount of one hundred percent (100%) of the contract price, such bonds to be executed by a coi porate surety duly authorized to do business in the State of Texas, and named in the current list of `Treasury Department Circular No 570", naming the City of Pearland, Texas as Obligee. Additionally, the successful bidder shall be required to provide a one year Maintenance Bond for the improvements installed as part of this work, as provided in the Special Conditions of Agreement. Equal Opportunity: All responsible bidders will receive consideration for award of contract without regard to race, color, religion, sex, or national origin Selection Criteria: In determining to whom to award a contract, the City of Pearland may consider: 1) purchase price; 2) reputation of the Bidder and Bidder's goods or services; 3) quality of Bidder's goods or services; 4) extent to which the goods or seivices meet the Owner's needs; 5) Bidder's past relationship with the Ownei 6) impact on the ability of Owner to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit o1 ganizations employing persons with disabilities; 7) total long-term cost to Owner to acquire Bidder's goods or seivices; 8) the Qualifications of Bidders, including Financial Statements of Bidders, identified in the Instructions to Bidders; and 9) any other relevant criteria specifically listed in the Bidding Documents. The City of Pearland reserves the right to reject any or all bids. A bid that has been "opened" may *not be changed for the purposes of correcting an error in the bid price. Young Lofting, TRMS City Secretary, City of Pearland First Publication date Sept. 21, 2011 Second Publication date Sept. 28, 2011 08, 2011 00100 - 3 of 3 CITY OFPEARLAND INSTRUCTIONS TO BIDDERS Section 00200 INSTRUCTIONS TO BIDDERS 1. Defined Terms 1.1 The term "Owner" hereinafter is defined as the City of Pearland and is used interchangeably with the term "the City". Both terms are synonymous and refer to the City. 1.2 The term "Bidder" means one who submits a Bid Proposal directly to Owner, as distinct from a sub -bidder, who submits a bid to a Bidder. I'he term "Successful Bidder" means the lowest responsible Bidder to whom the Ownei (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bid Documents" includes the Invitation to Bidders, Instructions to Bidders, the Bid Proposal, and the proposed Contract Documents (including all Addenda issued prior to receipts of bids). 1.3 The term ` E-bid System" refers to the City's electronic bidding system. This is a web - based system that provides all Bid Documents electronically to potential Bidders and forms the pathway for interested Biddeis to submit bids in response to advertisement and invitation. The term "e-bid" and/ or ' electronic bid" means the Bidders' electronic response submitted on the electronic Bid Proposal to the Ownei by way of the E-bid System. The terms "electronic bid" or `e-bid" are used inter -changeably to describe the above bid process to submit an authorized bid to the City in response to an Invitation to Bidders. 1.4 The term "Pro-Trak" means the City's web -based contract administration and construction records management system used by involved parties to administer the project. This system serves as the web accessed centralized information distribution hub for communications and document management, pay application processing and record retention for all project documentation. Operational instructions for this system will be issued to the successful Bidder at the pre -Construction Meeting. 1.5 All other definitions set out in the Contract Documents are applicable to terms used in the Bidding Documents. 1.6 Unless otherwise expressly provided herein, all references to "day(s)" shall mean consecutive calendar day(s). • 2. Registration for E-bid System 2.1 The Owner's E-bid System is accessible via the City's web site at www.c tyofpearland orq/bids, Bid documents can be viewed by simply selecting a specific project from the list and clicking on that project. Potential Bidders MUST REGISTER as a "Supplier" by clicking on the Supplier Registration button and completing the registration form. Registrants must provide data for all categories marked with a "" and must select the following project bid categories: Building Construction Services, New (includes Maintenance and Repair) Construction Services, General " cc 08 2011 00200 - 1 of 8 CITY OFPEARLAND INSTRUCTIONS TO BIDDERS Construction Services, Heavy " Construction Services, Trade (new construction) Select the appropriate Time Zone for the Bidder's location and whether that location observes Daylight Savings time. Complete the registration information providing all required contact information and establish password security for the E-bid System. Once complete, ` suppliers' will receive mails notifying of bid opportunities. Downloading any project bid data will automatically place the bidder's contact information on the list of plan holders list and the E- bid System will automatically send any and all updates, changes or addenda associated with . that project. 2.2 The electronic Bid Proposal can only be submitted through this system. The form can be printed for Bidder's use, but the Bid Proposal MUST be submitted on the electronic form within the E-bid System. 2.3 Questions regarding use of the E-bid System may be directed by email to: ebids@rci.pearland.tx.us '4 3. Copies of Bidding Documents 3.1 Complete sets of `electronic" Bidding Documents are available for download to registered Bidders at No Cost fiom the City s E-bid System at: www.cityofpearland.oig/bids Interested Bidders must register as a "Supplier" on this site in order to receive the Bid Documents, and all Addenda or other notifications of changes, including communications from the Owner or Engineer. All Bid Documents are available to download and print. 3.2 The Bidder accepts sole responsibility for ensuring that he obtains a full set of these documents by completing the registration and executing a full and complete download of the project documents. Downloading of Bid Documents automatically ensures receipt of any and all subsequent communications from the City or its Engineer. 3.2 Copies of Bidding Documents are available or may be viewed at any of the Plan Houses listed in the Invitation to Bidders. It is recommended that all interested Bidders, whether bidding directly to the Owner or Sub -bidders bidding to the Bidder, register as a Supplier and download the project Bid Documents. 3.3 Complete sets of Bidding Documents must be used in preparing Bid Proposals; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting fiom the use of incomplete sets of Bidding Documents including, but not limited to all Addenda issued prior to bid. 3.4 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. 4. Qualifications of Bidders 4.1 In determining to whom to award a contract, the City of Pearland may consider, in addition to the other selection criteria identified in section 15 of these Instructions to Bidders, the following Qualifications of Bidder, and each Bidder must be prepared to submit within two (2) days of Owner s request any or all of such Qualifications requested: 08 2011 00200 - 2 of 8 CITY OFPEARLAND INSTRUCTIONS TO BIDDERS 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 constiuction of projects of the Biddei 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 Biddei; 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 Bidder shall be used to determine a Bidder's net working capital, %hich is defined as current assets less current liabilities. A Bidder's net working capital shall be considered evidence of the Bidder's ability to provide sufficient financial management of the project being bid. The Bidder s Financial Statement shall be clearly and conspicuously marked as "confidential' , and shall be deemed and treated as confidential and excepted from the Public Information disclosure requirements of Texas Government Code Section 552.001 et seq., as such information, if released, would give advantage to a competitor or bidder, and/or would cause substantial competitive harm to Bidder. 5. Examination of Contract Documents and Site 5.1 It is the responsibility of each Biddei 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, (f) to recognize and plan for use of the City's "Pro-Trak" software to administer the construction process and perform the work of the project 5.2 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, 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. 5.3 Information and data reflected in the Contract Documents with respect to underground utilities, equipment or other underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof 5.4 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, 08 2011 00200 - 3 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid Proposal prices for performing and furnishing the Work in accordance with the Contract Time, Contract Price and other terms and conditions of the Contract Documents. 5.5 On request in advance, Owner will provide each prospective Bidder access to the site to conduct such explorations and tests as each prospecth e 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. 5.6 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. 5.7 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 all of the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in, required by or reasonably inferred from 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 finnishing of the Work. 6. Interpretations and Addenda 6.1 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 delivered or transmitted by electronic means to all registered Bidders in the City's E-bid System. 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. . 6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. Addenda will automatically be made available to all registered Bidders that have downloaded Bid Documents from the City's I+: -bid System. 7. Bid Security 7.1 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, in the form of a certified check, cashier's check or a Bid Bond ("Bid Security"). 7.2 Bidders filing bids electronically through the E-bid System shall scan and up -load a copy of the sealed Bid Bond as an attachment to their bid. Original Bid Bonds shall be 08 2011 00200 - 4 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS delivered to the City's Purchasing Officer prior to the opening of bids. Bid bonds shall be delivered to: Office of City Purchasing, Finance Department, 2" d Floor City Hall, 3519 Liberty Drive, Pearland, Texas 77581. 7.3 The Bid Security of the Successful Bidder will be retained until such time as Bidder has executed the Standard Form of Agreement, and furnished the required Performance and Payment Bonds, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Standard Form of Agreement and furnish the required performance and payment bonds within ten (10) days after the Notice of Award, Owner may annul the Notice of Award and shall be entitled to make a claim against the Bid Security. 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 Secuiity furnished by such Bidders will be returned. 8. Contract Time 8.1 The number of days in which the Work is to be Substantially Completed, as set forth in the Bid Proposal form and the Standard Form of Agreement, subject to such extension of time as may be due under the teims and conditions of the Contract Documents ("Contract Time"). All references to "time' or "days" shall be interpreted as consecutive calendar days. 9. Liquidated Damages and Early Completion Bonus 9.1 Provisions for liquidated damages and early completion bonus, if any, are set forth in the Standard Form of Agreement. 10 Substitute or "Or -Equal" Items 10.1 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 hngineer, 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. 11. Bid Form 11.1 The Bid Proposal form (Section 00300 — Bid Proposal) is included with the Bidding Documents when downloaded. This Document must be printed and signed, as required below, and then uploaded as an Attachment to the Bid. All E-bids must be submitted on the City's official E-bid System Bid Proposal document. All blanks on the Bid Proposal form must be completed or tilled in. The Bidder shall bid all Alternates, if any. Incomplete Bid Proposals may be cause for rejection. 08 2011 00200 - 5 of 8 CITY OF PPARLAND INSTRUCTIONS TO BIDDERS 11.2 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. Once executed the document is to be uploaded as an attachment to the Bid. 11.3 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. All names must be typed or printed below the signature. Once executed the document is to be uploaded as an attachment to the Bid. 11.4 The Bidder shall acknowledge receipt of all Addenda (the number of which must be tilled in on the Bid P 'oposal form). 11.6 The address and telephone number for communications regarding the Bid Proposal must be shown on the Bid Proposal form. 12. Submission of Bid Proposals 12.1 The place, date and/or time designated for opening Bid Proposals may be changed in accordance with applicable laws, codes and ordinances. Any such changes to the Bid Schedule shall be made by Addenda. 12.2 Electronic Bids shall be submitted per the requirements, instructions, terns and conditions as stated in the registration and submittal instructions of the City's F-bid System electronic bidding software. All Bidders utilizing this system MUST register as a potential supplier, (Bidder). E-Bids are submitted directly via the City's Web based system located at www.cityofpearland.orq/b,ds. Bid Proposals submitted after the bid date and time will be rejected. 13. Modification and Withdrawal of Bid Proposals 13.1 Prior to submission, E-bid Bid Proposals may be modified or withdrawn without prejudice. 13.2 Once submitted, Bid Proposals may only be modified by an appropriate document duly executed (in the manner that a Bid Proposal must be executed) and delivered to Office of City Purchasing, Finance Department, 2nd Floor City Hall, 3519 Liberty Drive, Pearland, Texas 77581 and submitted any time prior to the opening of Bid Proposals. 13.3 A Bidder may not modify or withdraw its Bid Proposal by verbal, facsimile or verbal means. A withdrawn Bid Proposal may be resubmitted prior to the designated time for opening Bid Proposals. 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. 13.4 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, at the discretion of the Owner, Owner may make a claim against the bid security. Thereafter, 08 2011 00200 - 6 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS that Bidder will be disqualified from further bidding on the Project to be provided under the Contract Documents. 14. Opening of Bid Proposals 14.1 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 of confidential information. 15. Bid Proposals to Remain Subject to Acceptance 15.1 All Bid Proposals will remain subject to acceptance for sixty (60) days after the day of the Bid Pioposal opening, but Owner may, in its sole discretion, release any Bid Proposal and return the bid security prior to that date. 16. Award of Contract 16.1 Owner reserves the right to reject any and all Bid Proposals, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder Owner may reject a bid as non -responsive if 1) Bidder fails to provide required Bid Security, 2) Bidder improperly or illegibly completes or fails to complete all information required by the Bidding Documents; 3) Bidder fails to sign the Bid Proposal or improperly signs the Bid Proposal; 4) Bidder qualifies its Bid Proposal; 5) Bidder tardily or otherwise improperly submits its Bid Proposal 6) Biddei fails to submit the Qualifications of Bidder as requited under section 3 of these Instructions to Bidders; of 7) Bid Proposal is otherwise non -responsive. In determining the best value for the Owner, and in determining to whom to award a contract, Ownei may consider: 1) purchase price; 2) reputation of the Bidder and Bidder's goods or seivices; 3) quality of Bidder's goods or services; 4) extent to which the goods of services meet the Owner s needs; 5) Bidder's past relationship with the Owner; 6) impact on the ability of Owner to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; 7) total long-term cost to Ownei to acquire Bidder's goods or seavices 8) the Qualifications of Bidder; and 9) any other relevant criteria specifically listed in the Bidding Documents. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Disciepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favoi of the correct sum. 16.2 In evaluating Bid Proposals, Ownei will consider the Qualifications of the Bidders, whether or not the Bid Proposals comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Proposal form or prior to the Notice of Award. 16.3 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 08 20 I 1 00200 - 7 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS ability of Bidders, proposed Subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents, to Owner's satisfaction, within the Contract Time. 16.4 The contract is to be awarded to the lowest responsible Bidder and may be let on either a lump sum basis or a unit cost basis dependent on the Bid Proposal format. Acceptance of any and all bids may be conditioned on compliance with the requirement for attendance of the mandatory pre -bid meeting. 17. Contract Security 17.1 When the Successful Bidder delivers the executed Standard Form of Agreement to Owner, it must be accompanied by the Performance, Payment, Maintenance and Surface Correction Bonds required by the Conti act Documents. Bonds may be on the forms provided herein or an equal form containing no substantive changes, as determined by Owner. 18. Signing of Agreement 18.1 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counter parts of the Standard Form of Agreement, and the required Performance and Payment Bond forms. Within ten (10) days thereafter Contractor shall sign and deliver the required number of counterparts of the Standard Form of Agreement to Owner with the required Bonds. Within ten (10) days thereafter, Owner shall deliver one fully signed counterpart to Contractor. There shall be no contract or agreement between Owner and the Successful Bidder until proper execution and attestation of the Standard Form of Agreement by authorized representatives of the Owner. 19. Pre -bid Conference 19.1 A pre -hid conference will be held as indicated in the Invitation to Bid. Attendance at the pre -bid conference is MANDITORY to fulfill the prerequisite requirements for Bidders bidding directly to the Owner. 20. Retainage 20.1 Provisions concerning retainage are set forth in the Contract Documents. END OF SECTION 08 2011 00200 - 8 of 8 (1171Y OE I'I,,ARLANI) BID PROPOSAL Section 00300 BID PROPOSAL Date: /c//3 // Bid of 4re4/t-tai',c irenoerathis IN -fly ae, an individual proprietorship / corporation organized and existing under the law of the State of Texas / a partnership consisting of�.� 7 7 Y SG • ‘)() , for the construction of: Pearland Gateway City of Pearland, Texas COP PN: PSTRO1 BID NO.: 0311-21 (Submitted in Electronic format) 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 . .- - - work -necessary superintendence, labor, Bidder hereby proposes to perform all the and furnish all p machinery, equipment, e ui ment, 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 Pearland Gateway with all related appurtenances, complete, tested, and operational, in accordance with the Plans, and Specifications prepared by the Architect, Knudson, LP 8588 Katy Houston,Texas 77024, under the Cityof Pearland's inspection for the unit Freeway, Suite 441, prices or applicable prices set forth in Exhibit ``A", the electronic bid form as contained in the 1 pp City's E-bid system, which, once fully executed and submitted shall constitute a legal and executable from the Bidder. It is understood that, in the event any changes are ordered proposal on any part of the Work, the applicable unit prices bid shall apply as additions to or deductions 1 from the total prices for the parts of the Work so changed. The Bid Security required under the Instructions to Bidders is included and has been uploaded as ✓' ' � fully - signed andsealed hard copy has an attachment within the E-bid system and, that a executed, signed 1 been delivered thetoCity Office of Purchasing, Finance Department, 2" Floor, City Hall, 3519 Liberty Drive, Pearland Texas 77581. 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 along with all required insurance in the required amounts. 08/201 1 00300 - 1 of 2 CITY OF PEA1?LAND BID PROPOSAL The undersigned Bidder agrees to commence work within 10 days of the date of a. written notice to e � commence work. rk It is understood that the Work is to be Substantially Complete within 120 days after the date of the notice to commence work. Time for Substantial Completion shall begin on the date esta blished by the notice to commence work. The Contractor will pay liquidated damages in the amount(s) spe cified in Document 00500 — Standard Form of Agreement in the event the Work is not Substantially Complete in this time limit. isagreedthatthe Contract Price be increased or decreased to cover work added, altered, or It may deleted by order ofEngineer, the En 7ineer in accordance with the provisions of the General Conditions of Agreement. ersi 7ned that the amounts bid in this Bid Proposal will not be withdrawn or The undersigned agrees. for sixtydays following date of Bid Proposal opening, or such longer period as may modified _ � be agreed to in writing by the City of Pearland and Bidder. that in the event the Successful Bidder fails to enter into the Standard Form of It is understood t nt and/or to furnish a Performance Bond and Payment Bond, each in the amount of one Agreement hundred (100) percent of the Contract Price, along with all required insurance in the stated within ten(10)da ;s of the Notice of Award, the Successful Bidder will forfeit the Bid ai110tll1tS � Security as pr ovided ' in the Instructions to Bidders. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s). The Bidder acknowledges that the following Addenda have been received. The modifications to the Bidding Documents noted therein have been considered and all costs thereto are included in the Bid Proposal prices. Addendum No.: �� Date: o / Addendum No.: Date: Addendum No.: 2- Date: 4/2 // Addendum No.: Date: Bidder herebyrepresents that the only person or parties interested in this offer as principals are th ose named . 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 Firm Name: 4.e/ / i , 8 -/ at n m (444M{yr, ..fic-- . ATTEST: By: ?aid Aiv/viPer Titi e: .P/e,/Jt/9 /e geniaan, �y� %���/ Address: //(3 /le,60iltel /bJ#26(//�Phone No: 2svi en 740 (t44i3 /L#r ed o�Pij-ted a ) Signature Date: /a//3/// END OF SECTION (Seal. if Bidder is a Corporation) 00300 - 2 of 2 08/201 1 CITY OF PEA.RLAND BID PROPOSAL Item Spec. Estimated No. No. Bid Item Description Unit Quantity Amount Bid BASE BID ITEMS GENERAL AND SITE WORK 1 01505 Mobilization (Limit of 3% of Total Bid) LS 1 i� 2 CO I 2 Bonds and Insurance (3% of Total Bid) LS 1 / 9 GatewayMonument inplace LS 1 &I �Q 3 — complete p���i TOTAL - LUMP SUM BASE BID PRICE Estimated Quantity Unit Price Item No. Spec. No. Bid Item Description Unit Amount Bid BID ALTERNATE ITEMS GENERAL AND SITE WORK EA 3/522 1 Existing Tree Transplant ___e_r-) __ TOTAL - BASE BID PLUS BID ALTERNATE PRICE Note: Quantities shown on the Bid Form are solely for comparison of Bids. Each Bidder is responsible for calculating quantities and Bid amounts based on the Drawings and Specifications, and are solely responsible for the volumes, quantities, and units incorporated into his or her Bid. • 06/2008 Bidder's Initial's: 00 of 1 CITY OF PEARLAND ADDENDUM PROJECT: BID NO.: BID DATE: FROM: Section 00901 ADDENDUM NO. 1 Date: 10/12/11 Pearland Gateway 0311-21 Thursday, October 13, 2011 Chris McBride Project Manager Knudson, LP 8588 Katy Freeway — Suite 441 Houston, TX 77024 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. CONTRACT DOCUMENTS: N/A SPECIFICATIONS: N/A CONSTRUCTION DRAWINGS: N/A GENERAL INFORMATION: Is the $5 Million in umbrella coverage are requirements for this project? Yes, per the City of Pearland Attorney, $5 Million in umbrella coverage will be required. 07/2006 00901 - 1 of 2 CITY OF PEARLAND ADDENDUM In regards to the cast stone inset piece, 3/" thickness is currently shown but the piece cannot be fabricated at that size as one whole piece? Are we to bid smaller pieces at a 3/" thickness in order to fit the dimensions shown? The cast stone inset piece is to be 4" in thickness to allow for one piece to be installed at each location shown on the drawings. Contractor will need to form the inner concrete section to allow for this thickness to be installed so that the cast stone will sit flush with the adoquin stone veneer. The aluminum posts cannot be ordered per the dimensions shown on the drawings (12"x12"x1/4"), can a steel substitute be submitted? Yes, the contractor can substitute the aluminum posts with steel posts that are galvanized and power coated. Powder coat finish to be selected and approved by owner. END OF ADDENDUM NO. 1 Chris McBride Project Manager 07/2006 00901 - 2 of 2 CITY OE PLARLAND STANDARD FORM OF AGREEMENT Section 00500 STANDARD FORM OF AGREEMENT THIS A 1REEMENT is by and between City of Pentland (hereinafter called OWNER or City) and r oe I(� �.�,�_ � 4 byes u.I-_(,.tee.. (hereinafter called CON 1'RAC`1'OR). OWNI'FR and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as fellows: Article 1. WORK CONTRACTOR shall complete all work as specified or indicated in or reasonably inferable from the Contract Documents (hereinafter the "Work"). 'I 'he Work is generally described as follows: Pendant' Gateway City of Pearland, Texas COP PN: PSTROI BID NO.: 0311-21 Artiele 2. ENGINEER The Work has been designed by Knudson l.,P 8588 Katy Freeway - Suite 441, Houston, TX 77024 who is hereinaftct called ENGINEER and who is to assume all duties and responsibilities and have the tights and authority assigned to ENG NFER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRAGI TIME 3.1 The Work will be Substantially Complete (as defined in Article 1 of the General Conditions) within one hundred and twenty (120) days (including weekends and holidays) from the date when (he 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. one hunched and fifty (1.50) clays 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 CON'l RAC fOR also recognize the delays, expense, and difficulties involved in I roving to 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 pcn•ilt.y) CONTRACTOR shall pay OWNER two hundred and 00500 1 o1'7 02/2008 CITY OR 1 !ARLAND STANI)AR1) FORM OF AGREEMENT fifty dollars (S250,00) for each clay that expires after the time specified in paragraph 3,1 for Substantial Completionuntil the Work is substantially complete. After Substantial. Completion, if CONTRACTOR shall neglect, refuse or fill to complete the remaining Work within the time set out in the Certificate of Substantial Completion or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER. two hundred and fifty dollars ($250.00) tor each day that expires after the time specified in the Certilic.atc 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 for completion of the Work in strict accordance with the Contract Documents in current funds $ (the "Contract Price"). The Contract Price includes the Base Bid as accepted by OWNER as shown in. Document 00300 Bid Proposal. Article 5, PAYMENT PROCEDURES 02/2008 CONTRACTOR shall subunit Applications for Payment in accordance with Section 6.0 "Measurement tnd Payment" of the General Conditions. Application for Payment will be processed by ENGIN F1 R as pro\ i.ded in the Gene %al Conditions. 5.1 Progress Payments. OWNI-iR shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's .Application for Payment as recommended by ItNGINFF;K 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 Tess such amounts as ENGINE:KR shall determine, or OWNER may withhold, in accordance with the General Conditions, The OWNI.;IZ shall make pay ment within 30 days of receipt of application for payment by the ENGINE)-`R. 5.1,2. Each progress payment shall be Tess retainagc as specified in Paragraph 6.06 of the General Conditions, and !lathes less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood, Ito«over. that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may upon 00500-2tof7 c17'Y(7FPEARI,AND STANDARD FORM OF AGREEMENT written recommendation of the ENGINEER pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNI R's option, may be relieved of the obligation to fully complete the Work ind, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment." 5.2 Final Payment. UJponfinalcompletion and acceptance Of the Work in accordance with paragraph 6.08 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 6.08. Article 6. IN' I'I ? R.KS`1.' Interest on any overdue payment from OWNER to CONTRACTOR. shall be paidin accordance with the provisions of Chapter 2251 of the Texas Government Code as amended. Article 7. CONTRACTOR'S RFPRESENI A BONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the folIing 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 •ind Regulations that in any manner ma} affect cost, pr)gress, 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, an.cl Owne l 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, pertim mance or furnishing of the Work ,and CONTR.AC'i'OR asstunes the risk of such subsurface and physical conditions, andshall furnish the Work at the Contract Price, within the Co Tract Time and in accoidance 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 of 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 02/2008 00500 - 3 of 7 CITY OFPEARL,AND STANDARD FORM OF AGREEMENT at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional exam►nvitions, investigations, explorations, tests, reports studies or similat information or data in respect of said underground facilities are or will be required by CONTRACTOR to order to perfo►tn. 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 ENGINEER written notice of all conflicts, errors or discrepancies in. the Contract Documents of which Contractor knew or should have known, and CONTRACTOR shall perform the Work at the Contract Piiee, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including any written resolution of any such conflict, error or discrepancy by ENGINEER. Article 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consist of the following, each of which are incorporated herein by reference: 8.1 Standard (Form of Agreement (Section. 00500). 8.2 Performance, Payment, and/or Maintenance Bonds (Sections 00610, 00611 and 00612). 8.3 General Conditions of Agreement (Section 00700), including Attachment No. 1 Workers' Compensation Insurance Coverage, Attachment No. 2 Agreement for Final Payment and Contractor's Sworn Release, and Attachment No. 3 Owner's Insurance Requirements of Contractor. 8.4 Special Conditions of Agreement (Section 00800). 8.5 Plans, consisting of sheets numbered 1 through 7 inclusive withattachments with each sheet bearing the following general title: Pearland Gateway. 8.6 Instructions to Bidders and CONTRACTOR's Bid Proposal, including any Addenda referenced therein. 8.7 Teclrical Specifications for the Work. 8.8 The following, which may be d.clivered. or 'ssucd after this Agreement becomes effective: Any Change Oiders or other documents amending, modifying, or supplementing the Contract Documents in accordance with the General Conditions. There a►e no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified of supplemented as provided in the 02/2008 00500 t of 7 CITY OFREMAND STANIDAItII) I+ORM OF AGREEMENT General Conditions. Article 9. MISCF1,I.ANhOUJS 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 -mitten consent of the party sought to be bound; and specifically but without limitation moneys that ma) become clue and moneys that are clue 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 CONTRAC FOR each hinds itself, its partners, successors, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract. Documents. 9.4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from Substantial Completion against defects in materials and workmanship. CONTRACTOR agrees to repair or replace any defective vcorlc within this wananty period in an expeditious manner at no additional cost to OWNER 9. "flat Work will be completed according to the Contract Documents and in accordance with codes, oidinances, 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 presci ibed 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 he in writing. 9.8 The provisions of this Contract shall be applied and interpreted in a manner consistent with each other so as to early out the purposes and the intent of the parties, but it foi any reason any provision is unenforceable or ins alid, such provisions shall be deemed severed from this Contract and the remaining provisions shall be cairied 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 OFPEARLAND STANDARD FORM OF AGREEMENT 9.9 The headings of the paragraphs are included solely for the convenience of ►'eference and if there is any conflict between the headings and the text of this Contract, the Cont► act 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 an) instance to insist upon observance or perfoimancc by CONTRACTOR shall not be deemed a waiver by CONTRACTOR of any such observance or perlormance. 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 CON1. RAC FOR with knowledge of any breach or default will not be deemed a waiver of such breach or default or any other breach or default. 9.11 The CONTRACTOR. acknowledges that the OWNER (through its employee handbook) considers the following to be misconduct that is grounds for termination of an employee of the OWNER' Any fraud., forgery, misappropriation of funds, receiving payment for services not pc► formed or for hours not worked, mishandling or untruthful repo►ting 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 rain. an employee of the OWNER to engage in such misconduct. 02/2008 00500-6of7 CITY OF P EARI<AND STANDARD FORM OF AGREEMENT IN WITNESS WHEREOF, OWNER and CONI'RAC`fOR have signed this Agreement in duplicate One counterpart oach has been delivered. to OWNER and one to CONTRACTOR, This Agreement will be effective upon execution. and attestation by authorized representatives of the City of Pearland and upon th.c following date: /VdV"tpi ber / J , 20 /7, OWNER: C N,YTRACTOR.: CITY OF P A Z �. rr 7-Yer / fete By By: Title: eine' A/t-NA-6 Title: Date: _-2c// tES loaf Date: 1 / (Corporate Seal) ATTEST Address for giving notices //10 3 Xe wr a / VY ntt '7'7/ f9 Phone: 211-- q97,r 71-196} Fax: r al— 399O Agent for service of process: NI\ D OF SECTION 02/2003 00500 7 of 7 Bond No. 71192812 C,.T/'}' (2F PE: fPTANI) PEI170LIMANCE BOND Section. 01)6:10 PERFORMANCE BOND STATE C)1~ TEXAS: § COUNTY C)U I3RAIORIi\ § KNOW ALL M1FN BY l t IESE PRESENTS: That Architrave Construction & Design, Ifl&I the City of __.._Houston , County of, Harris:. , and State of 'Texas, as principal, and ._Lestern.Surety Company authorized under the laws of the State of Texas to act. as surety on bondsfor principals are held and firmly hound unto City of Pearland as Obligee. (Owner), in the penalstint of$ 77,95Q.QQ lot the payment whereof, the said Principal and Surety bind the nselves, and their heirs, administrators, executors; successors, and 'tssigias,.;ointly and severally, by these presents: WHEREAS, the Principal has entered into a certain: written contract with the Owner,. effective as of the 15th day of. November , 20 11 (the "Contract") to. commence and complete =the construction of certain improN ements describedas follows: Veailand-Gateway City of Pearland, Texas COP -EN; PSTRO1 l lt).:Nee: O3i 1•421 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 f 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 _icspects duly and faithfully observe and perform all a id :singular the covenants, conditions, and tpreenaents in and by. said C ontract. agreed and covenanted by the Principal to be observed and performed, and accutdmg to the true intent and meaning of said Contract and Contract Documents, then this obligation shall be sotd; otherwise to remain in fall force and effect,: PROVIDED, HOWEVER., that :this bind is executed pursuant to :the provisions of Chapter 2253 of the. ['exitsGovernment Codeas amended and all liabilities on th's bond shall be determined in accordance with the Revisions 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 tht: contract,, or to the Work performed thereunde , or 'tite plans, specificattonr• or drawings accomptnying thesame, shill in any way affect its obligation on this bond, gild it does hereby waive notice of any such ohang,e, extension of 'Me alteration or addition to the terns cif the Contract, or to the Work to be performed thereunder. 12/2007 00610 1 0 CM' OF . 7f 4RL N) _ I'. 2 tr ORIVIANCE :BAN') IN 'WITNESS 'WHEREOF, the: saki rineipal and. Surety have signed and .seared. this instrument this 15thday. of . November „NW. Pi iucipai Architrave .Q tructi 2 n & Design, Inc. Title: I 4._ 6c, PQattv Address: 11003 Resource Parkway, # 201 Houston, TX 77089 `l`e1e h.o .e: 281-997-7400 Fax; 281-484-3990 .. .. \YV W Surety: Western Surety CompanyBy: title; Attorney -in -Fact Address: 101 S. Phillips Ave T Stow.Fall.sSD6711.7 ___ a.. 5D 5& Fax; 605-335-0357 NOTICE:. T •II+ •A1), .. -ESS OF Tiff+, .suRETY cc.MVANY i O WHICH ANY N()TICIt QrCLAINISHOULD.TIE ENT. MAY BE OBTAINED FROM Ti-IE TEXAS IflAttT ENT OF INSURANCE . BY CAL./MGM TOLL.WEREE. T..''. LEF Q .. r NUMBER; 1--800-252-3439.. 12/2007 OOG J U. _ 2 .U#` 7. CITY OF PEr1IZLAND Section 00611 PAYMENT BOND STATE. OF VENAN `3 COUNTY OP BRALORIA Bond No. 71192812 PAYMENT BOND KNOW Al el, MI{N flY" THESE PRESENTS: That Architrave Construciton & Design Inca tlx: city of_Jouston _, County of Harris , and State of Texas, asprincipal, and Western Surety Company authorized under the laws .of:the State of Texas to act. as surety on bonds for principals, arc; held and firmly bound unto Cit3 of Pcai=land as Obligee (Owner), in the penal stile of $ 77,950.00 tot the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successorsand. assigns, jointly and severally, by these presents: WHFRF a,S, the Principal has entered into a certain ‘vritten contract with the Owner, effective as of the 15th, day of November , 20 11 (tale "Contract") to commence and complete the construction of certain 'rttprovements described as fellows: Pear land Gateway City ofPearittud, Texas. COP PN: PSTRO1 BIB NO,: 0311-2 ( which Contract, including the Contract Documents as defined therein; is'hcreby referred to and made a part hereof as hilly and to the .same extent as if copied at length.hcrc tt. NOW THEREFORE, THE CONDITION OF THIS OBT;IGATION IS SUCH, that if the said Principal shill hay all clhtimants supplying_ labor or material to him_ or a subconttactoi' in the prosecution of the Work provided for in said Contract, then, this obligation shall be void;: otherwise .to_remain in full force t lid effect; PROVIDED, HOWEVER, that this bond is executedpursuant to the provisions of Chapter 2253 of the '1 exas Government Coale as amended and all liabilities on this bond shall be determined in acc-ordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for vain c received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereundei, :or the plans, specifications, or drawings accompanying the same, Shall in any way affect its obligation On this bond, and it does hcrchy waive: notice of any such chat ge extensionof time, alterrition or addition to the terms of the Contract, or to the Work to be performed thereunder. 0712006 00611. - 1 of 2 y iSti.(i)NT ItIONI) CITY Cal ninAivp. .� a d..s EN WETNESS WHEREOF, the said Principal and Surety have: signed and scaled this instrument this 15thday of .. November . 2011. Principal: ea. . i _ : I - siQnrIn c. I law 13y: /. ,� .r�'• Arika......�....... r v Surety: r Title: tt6 S 02‘,141' Address 1.100_3. Resource Parkway .Houston, ,TJ 7.0 8 9 Telephone-: 2a1.-997-74QQ Fax: 281-484-3990 Weter'iSrpty_Ggmpany;. Title: Attorrle.yzin-•Fact. Address: 101 S. Phillips Ave .... .. .. ----- . -_ crwwr�w*rwrr....T4rr SiouxFalls,SD 571.1 . Telephone: 800-33176053 Fax 605-335-0357 NOTICE:: � .I- g ADDRESS 011:1711E.SVRET ' COMPANY T9 WHICH ANY NOTICE 1' OCLAIM ► HOULD: 3E SE T:1 AY Bit OBTAINED FROM THE T E:t� SAS ff11 1 DEPARTMENT OF I Sf N E.BY CALLING ITS T 4)LL REE T ELEP1 tONi#f i• .U- B E 3 i -800,15 - 439 END OF SECTION !Q7/ 006 006:11 , 2 of Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know MI Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Douglas G Hotchkiss, Diane M Thompson, Wesley Weatherred, Michael J Hotchkiss, Kenneth G Hotchkiss, Andrea M Penaloza, Individually of Houston, TX, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 28th day of April, 2010. State of South Dakota County of Minnehaha } ss WESTERN SURETY COMPANY Paul . Bruflat, Senior Vice President . Bruflat, President On this 28th day of April, 2010, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires November 30, 2012 ♦ti,s40b4ti4,50h4ti40.,40,1/24,c,col1/24,1 s D. KRELL s r r s SE - NOTARY PUBLIC SE s s s , SOUTH DAKOTA e , r ♦titititititi'otititititihtitititititititititi♦ CERTIFICATE D. Krell, Notary Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal ^f the said corporation this l 5 t h day of LV ov ern e r ( uRErr^e- es" 0R4tit a E of ' V PE` y tai Se AV frrib '%.. 1 2011 WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Form F4280-09-06 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No. 71192812. In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822-5000 Form F6944 .3 1 •T ,',t ._Houston__ . :; .x<< r4 , htarr_is.. Western Surety any 1. tR f1.,.; at, . ,,..• lc,lc( lit of ;... i7,950.00 ,•' 1cl iIN r• int; cot t'rit. 15th ti i) November_ eons&vt • iC)`i or . ..t",L't�{ ?f €:°il-i"1'i`r.fli 00612 Bond# No. 71192812 Architrave Construction & Design,lnol• tot Sulk!. z':eLl}It)1'f�� 11c.4sd1;:fi 19 t ,. , L. • :(lt; said 14 C11, Iii;;C i1 !flit It. u.i 1) ki,t, t:•,`;(i!??1,1...i,Y :li, .,rtt 15th ,. nv4 November tpviej- 11003 Resource Parkway.. Houston, TX 77039 _231-997-7400.. 281:A84-3990 Western _Surety_o.mpany__.__..__-. Attorney -in -Fact 101 S. Phillips Ave Sioux Falls z SD 57117 i;<:;,, 800-331-6053 605-335-0357 es em Sure om any POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, [hat WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affiscd hereby make, constitute and appoint Douglas G Hotchkiss, Diane M Thompson, Wesley Weatherred, Michael J I-Iotchkiss, Kenneth 6 Hotchkiss, Andrea M Penaloza, Individually of Houston, TX, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. '[his Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. 1u Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate. seal to be hereto affixed on this 28th day of April, 2010. State of South Dakota County of Minnehalna WESTERN SURETY COMPANY sitt aul " `: Bruflat, Senior Vice President On this 28th day of April, 2010, before me personally came Paul T, Rcuflat, to me known, who, being by me duly sworn, did depose and say: Ihat he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and Iltat he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation, My commission expires November 30, 2012 } 44t-i4N444Y44444444444444 } r D. KRELL r NOTARY PUBLIC �G, SEAt- SOUTH DAKOTA }4. •�k 4: 44444'+4h4Nh YSY44 } D, Krell- No Public CERTIFICAT1's [, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinahove set lbrth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force, In testimony s+hereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this 15 t_1 t day of Nov emb e r 2011 WESTERN SURETY COMPANY Nelson, Assistant Secretary Form Rt2PM-09-06 State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No. 71192812. In accordance with Section 2253.021(f) of the Texas Government Code and Section 53 202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822-5000 Form F6944 Section 00615 PARTIAL WAIVER OF LIEN AND PAYMENT AFFIDAVIT The undersigned contracted with City of Pearland to furnish in connection with certain improvements to real property located in the City of Pearland, TX and owned by the City of Pearland which improvements are described as follows: In consideration of Pay Estimate No. in the amount of $ the undersigned, on oath, states that all persons and firms who supplied labor and materials to the undersigned in connection with said Project have been fully paid by the undersigned for such work through In consideration of the payment herewith made, the undersigned does fully and finally release and hold harmless the City of Pearland and its surety, if any, through the above date from any and all claims, liens, or right to claim or lien, arising out of this Project under any applicable bond, law or statue. It is understood that this affidavit is submitted to induce payment of the above sum and for use by the City of Pearland in assuring the Owner and others that all liens and claims relating to the said Project furnished by the undersigned are paid. State of County of Signature Printed Name & Title • Subscribed and sworn to, before me, this day of My Commission Expires: Company Name , 20 Notary Public Revised 12/31/07 ARCHI-3 OP ID: SHGA ACORD" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 11/15/11 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 BELOW. 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 Hotchkiss Insurance Agency LLC 13105 NW Freeway, Suite 850 Houston, TX 77040-6312 713-956-9800 713-956-0331 CONTACT NAME: PHONE (A/C No, Ext): EMAIL ADDRESS: FAX (A/C, No): INSURER(S) AFFORDING COVERAGE NAIC INSURER A:Vlnings Insurance Company 16632 INSURED Architrave Construction & Design, Inc 11003 Resource Parkway #201 Houston, TX 77089 INSURER B:Travelers P&C of America INSURER C: Texas Mutual Insurance Co 22945 INSURER D: Evanston Insurance Company INSURER E : INSURER F : CATE NUMBER: REVISION NUMBER' 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 ADDL SUBR POLICY EFF POLICY EXPIY LTRINSR TYPE OF INSURANCE WVO POLICY NUMBER (MM/DDYYY) (MM/DO/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X PKG0080722-03 03/08/11 03/08/12 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 X Per Proj Agg PERSONAL & ADV INJURY $ 1,000,000 X $5000 Ded GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OPAGG $ 2,000,000 POLICY X JECTPRO LOC $ AUTOMOBILE LIABILITY COMBINED (Ea accident) SINGLE LIMIT 1,000,000 A ANY AUTO PKG0080722-03 03/08/11 03/08/12 BODILY INJAJRY (Per person) $ ALL OWNED SCHEDULED BODILY INJJRY $ AUTOS AUTOS (Per accident) X HIRED AUTOS _ XNON-OWNED AUTOS PROPERTY (Per DAMAGE accident) $ $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 D X EXCESSLIAB CLAIMS -MADE BINDER 11/15/11 11/15/12 AGGREGATE $ 1,000,000 DED RETENTION$ $ WORKERS COMPENSATION X WC STAT- TORY LIMIUTS OTH- ER AND EMPLOYERS' LIABILITY 11/10/11 11/10/12 1,000,000 C ANY PROPRIETOR/PARTNER/EXECUTIVEYIN Q003055707 E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ 1,000,000 B Builders Special Form Risk QT6608151 $1000 DED P84ATIL11 AOP/$5000 WIND 03/01/11 03/01/12 Per Per Loc 2,000,000 Occ 5,000,000 DESCRIPTION RE: Pearland OF OPERATIONS Gateway, 1 LOCATIONS Construction /VEHICLES Protect (Attach No ACORD PSTR01 101, Additional Remarks Schedule, If more space Is required) - $77,950. Certificate general liability holder policy Is named as per as an written additional contract. Insured with regards to the CERTIFICATE HOLDER CANCELLATION CITYOPD City of Pearland Attn: Skipper Jones 3519 Liberty Dr. 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 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT 1.0 DEFINITIONS AND INTERPRETATIONS 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement. The term ENGINEER as used in these General Conditions shall refer to the Engineer or Architect identified in the Agreement, as applicable, and means a person authorized to act as a representative of the entity designated by the OWNER to provide professional services requited in connection with the preparation and performance of this Contract. The Owner's representative on the project site shrill be the Construction Manager or Fngineei 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 atter the Effective Date of the Agreement, as referenced in Article 8, shall be bound together in a Project Manual foi 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; (9) 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 Documents, or the Contract Documents and applicable standards, codes and ordinances, CONTRACTOR shall provide the greater quantity or better quality, or CONTRACTOR shall comply with the mole 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 of association, or to the laws or regulations of any governmental authority, shall mean the latest in effect on the effective date of the Contract, unless otherwise stated in the Contract Documents. 1 .03 SUBCONTRACTOR. The term "subcontractor", as employed herein, includes those entities having a contract with the CONTRACTOR or a subcontractor for performance of work on the Project with a value meeting or exceeding 10% of the Contractor's TOTAL BASE BID for the work contemplated by these Contract Documents. OWNER shall have no responsibility to any subcontractor for performance of woik on the Project contemplated by these Contract Documents, and any such subcontractor shall look exclusively to CONTRACTOR for any payments due subcontractor. 1.04 WRITTEN NOTICE,. Written Notice shall be deemed to have been duly served if delivered in person to the individual or to a partner of the partnership or joint venture, or to an officer of the corporation or company for whom it is intended, or if delivered at or sent by Certified Mail, Return Receipt Requested, to the last known business addi ess 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 of services of any nature whatsoever necessary for the execution and completion of the Woik described in the Standard Form of Agreement. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The CONTRACTOR shall, if required by the ENGINEER as representative of the OWNER, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well-known, technical of 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 Contiact, 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 OFPEARLAND GENERAL CONDITIONS OF AGREEMENT 1.07 WORK DAY: As used herein, a "Work Day" is defined as any Monday through Friday, not a Iegll 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 pa} 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 Ram 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) hnpact 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 pievented 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 requii ed 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 terms "Substantially Completed", or "Substantially Complete' of `Substantial Completion" as used in this Contract, shall mean that all major process components of the facility or work have been made suitable for use or occupancy, including appropriate documentation from the equipment suppliers that all of the individual components have been installed in accordance with the specifications and manufacturer's recommendations, the installations have been approved by the ENGINEER and the items have met the start-up and testing requirements of the contract documents or is deemed to be in a condition to serve its intended purpose or requires only minor miscellaneous work and adjustment to achieve Final Completion and Acceptance as determined by the ENGINEER Upon compliance with the above referenced criteria, ENGINEER shall issue a Certificate of Substantial Completion. PARTIAL SUBSTANTIAL COMPLETION: designation will be given on components of the Work that must be placed into service prior to the completion of the entire Work. The contractor s One Year Warranty period for these items shall begin on the date of Partial Substantial Completion as designated by the ENGINEER. The ENGINEER shall determine and make all such designations. 05/2008 00700 - 3 of 36 CITY OF PEARLAND 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 representati\ e 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 similai kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfilment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of s rid Specifications shall be decided by the ENGINEER as the OWNER's representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms or clauses defining the character of the work. 1.11 REFERENCED STANDARDS No provision of any referenced standard specification, or manual shall be effective to change the duties and responsibilities of the Owner, Engineer, Contractor, or their consultants, employees, or representatives from those set forth in the Contract Documents, noi 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 term Contiact 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 WARRAN 1,Y 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 obsei ve 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 foi 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 Contiact 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 FNTRY. The OWNER reserves the right to enter the property or location on which the work herein contracted for is to be performed, constructed or installed, for itself or such agent or agents as it may select, for the purpose of inspecting the work, of for the purpose of performing, constructing or installing such collateral work as the OWNER may desire. The OWNER shall have the right to make inspections at all reasonable times, and the CONTRACTOR hereby waives any claims for extension of time and/or compensation for any loss or damage if his work shall be delayed by reason of such inspection, performance, construction or installation of collateral work. 2.03 OWNERSI-IIP 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 Riming the part of the signed Contract Documents, aie to be returned to the OWNFR on request at the completion of the Work. All drawings and models are the property of the OWNER 2.04 CHANGFS AND ALTFbRATIONS. The CONTRACTOR further agrees that the Owner may make such changes and alterations additions and deletions as the OWNER may see fit, in the Work, including but not limited to changes in line, grade, form, dimensions, plans or specifications for the Work herein contemplated, or any part thereof, either before or after the beginning of construction, without affecting the validity of this Contract and the corresponding Performance and Payment Bonds. 05/2008 00700 - 5 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT If such changes or alterations or deletions diminish the quantity or the value of the Work to be done, they shall not constitute the basis for a claim for compensation or damages, including lost or anticipated profits on the Work that may be affected. If the amount of Work is increased and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit pike, if any, established for such work under this Contract, otherwise, such additional work shall be paid for as provided under Article 7 heieof for Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any Work already done or material already furnished or used in said Work, then the OWNRR 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 RESPONSII3ILITIES OF THE ENGINEER 3.01 OWNER -ENGINEER RELATIONSHIP. The ENGINEER shall serve as the OWNER'S representative during construction. The duties, responsibilities and limitations on the authority of the ENGINEER as the OWNER s representative during construction are set forth in the Contract Documents; and the ENGINEER shall not have authority to extend the OWNER's liability or to hind 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 necessai y 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 foul (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 OFPEA NAND GENERAL CONDITIONS OF AGREEMENT 3.03 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the obligations imposed under this Contract for the furnishing by the CONTRACTOR of new material of good quality, and for good and workmanlike performance of the Work as herein described, and in full accordance with the Contract Documents, without alteration, deletion or change. No failure of 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 CONTRAC FOR from the obligation to fully and properly perform the Contract, including without limitation, the obligation to at once tear out, remove and properly replace any defective woik or material at any time prior to final acceptance, upon discovery of such non -conforming or defective woik 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 boine by the CONTRACTOR otherwise the expense thus incurred shall be allowed as Extra Woik and shall be paid for by the OWNER, provided that where inspection or approval is specifically required by the Specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior inspection or approval, he shall bear all expense of taking up, removing and replacing this work if so directed by the ENGINEER. 3.04 INSPECTION BY ENGINEER The ENGINEER shall make periodic visits to the site to observe the progress and quality of the executed Work and to determine if such Work generally meets the essential performance and design features and the technical, functional mid/or engineering requirements of the Contract Documents, and is in all other iespects being performed in compliance with the Contact Documents. However, the ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on -site inspections to check the quality and/or quantity of the work, nor shall the ENGINEER be in any way responsible, directly • or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions of 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 informed of the progress of the work and will endeavor to guaid the OWNER against defects and deficiencies in the Work of the CONTRACTOR Notwithstanding any other provision of this Agreement or any other Contract Document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractors, agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the Work. 05/2008 •00700 7 of 36 CITY OFPEARLAND 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 terms and conditions of the Contract Documents, or any other dispute or question, the ENGINEER shall, within a reasonable time, provide a written interpretation of the Contract Documents or a written decision on all questions arising relative to the execution of the Work, copies of which shall be delivered to all parties to the Contract. If the CONTRACTOR or OWNER desires to take exception to any directions, order, interpretation or instructions of the ENGINEER, CONTRACTOR or OWNER shall present any such claim to the ENGINEER in accordance with the provisions of Section 7.04. 3.06 RECOMMENDATION OF PAYMENT. The ENGINEER shall review the CONTRACTOR's application for payment and supporting documents, shall determine the amount owed to the CONTRACTOR and shall provide written recommendation to the OWNER for payment to the CONTRACTOR in such amount. Such recommendation of payment to CONTRACTOR shall constitute a representation to the OWNER of the 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 hull and exclusive power and authority to direct, supervise and control his own employees and to determine the means, method and manner of performing such Work, so long as such methods comply with the requirements of the Contract Documents, and do not adversely affect the completed improvements or any other property abutting or adjoining the Work area, the OWNER and ENGINEER being interested only in the iesult obtained and conformity of such completed improvements to the Plans, Specifications and Conti act Documents. The fact that the OWNER or ENGINEER as the Owner's representative shall have the right to observe CONTRACTOR's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the OWNER and the ENGINEER hereunder, is not intended to and shall not at any time change or affect the status of the CONTRACTOR as an independent contractor with respect to either the OWNER or the ENGINEER as the OWNER's representative or to the CONTRACTOR's own employees or to any other person, firm or corporation 05/2008 00700 - 8 of 36 CITY OFPL+ARLAND 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 conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, the general and local conditions, including but not limited to weather, access, lay down and storage areas, and all other matters which in any way affect the Work under this Contract. It is further understood that the CONTRACTOR has satisfied himself as to the terms, meaning, intent and requirements of all of the Contract Documents, and applicable laws, codes, regulations and ordinances. CONTRACTOR hereby warrants and represents that it has taken into consideration all of the foregoing factors, and CONTRACTOR shall perform the Work for the Contract Price and within the Contract Time. No verbal agreement or conversation with any officer, agent or employee of the OWNER or the ENGINEER, either before or after the execution of this Contract shall affect or modify any of the terms or obligations herein contained. 4.03 LAWS AND ORDINANCES The CONTRACTOR shall at all times observe and comply with all federal, state or local laws, codes, ordmances, 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 knowing it to be contras y to such laws, codes, ordinances, rules or regulations, or if CONTRACTOR reasonably should have known of any such violation, and without such notice to the ENGINEER, CONTRACTOR shall bear all costs arising therefrom. The OWNER is a Political Subdivision of the State of Texas, and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the OWNER may enter into contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein. Neither the act of OWNER entering into this Contract, nor OWNER's performance hereunder, shall constitute a waiver of any immunity from suit enjoyed by OWNER under applicable law, all such rights and defenses being hereby expressly reserved, notwithstanding any term or provision herein to the contrary The Code of Ordinances and other applicable regulations of the OWNER shall be deemed to be embodied in this Contract. The prevailing wage rates applicable to this Project shall be either Document 00811 — Wage Scale for Engineering Construction, or Document 00813 — Wage Scale for Building Construction, or both, as set out in the Project Manual. 05/2008 00700 - 9 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.04 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he 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 pait, without the prior written consent of the OWNER, and that no part or feature of the Woik 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 requited in the performance of this Contact 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 pei cent (100%) of the . Contract Piice, and each in accordance with the provisions of Chapter 2253 of the Texas Government Code. If the Contract Price does not exceed $25 000.00, the statutory bonds will not be required. All required Bonds shall be payable to OWNER and on forms approved by the OWNER, and shall be executed by a corporate surety in accordance with Article 7.19-1 of the Texas Insurance Code. It is agreed that the Contract shall not be in effect until such original Performance, Payment and Maintenance Bonds are delivered to and approved by the OWNER The cost of the premium for the Performance, Payment and Maintenance Bonds shall be included in the CONTRACTOR's Bid Proposal. 4.06 INSURANCE. The CONTRACTOR, at his own expense, shall procure, maintain and keep in force throughout the duration of the Work, and throughout the Guarantee Period, insurance as specified in Attachment No. 1 hereto with regard to Workers' Compensation Insurance, and as specified in Attachment No. 3 hereto with regard to all other Insurance. Such insurance shall be carried with an insurance company licensed to transact business 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 Contactor must obtain a limited sales, excise and use tax permit of exemption certificate which shall enable him to buy the materials to be incorporated into the Work without paying tax at due time of purchase. 05/2008 00700.- 10 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.09 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this Contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the ENGINEER as the OWNER'S representative. The superintendent shall represent the CONTRACTOR in his absence and shall act as the agent of the CONTRACTOR, and all directions given to him shall be binding as if given to the CONTRACTOR. Adequate supervision by competent and reasonable representatives of the CONTRACTOR is essential to the proper performance of the Work, and lack of such supers ision shall be an act of default, and grounds for suspending operations of' the CONTRACTOR. The Work, fiom 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 OWNFR's representative will be responsible for the acts or omissions of the CONTRACTOR, its subcontractors or any of its agents or employees, or any other persons performing any of the Work. 4.10 CHARACTER OF WORKERS. The CONTRACTOR agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this Contiact, to do the Work, and agrees that whenever the FNGINEER shall inform him in writing that any worker or workers on the Work are, in his opinion, incompetent, unfaithful or disorderly, or in the ENGINEFR'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 ENGINEFR's written consent. OWNER reserves the right to object to any proposed subcontractor. 4.11 LABOR, EQUIPMENT, MATERIALS, CONSTRUCTION PLANT, AND BUILDINGS. The CONTRACTOR shall provide all labor, services, tools, equipment, machinery, supplies, facilities, utilities and materials necessary in the prosecution and completion of this Contract where it is not otherwise specifically provided that the OWNER shall furnish same; and further, the CONTRACTOR shall be responsible for the care, preservation, conservation and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction and any and all parts of the Work, whether the CONTRACTOR has been paid, partially paid or not paid for such Work, until the entire Work is completed and accepted. The building or placement of structures for housing workers or offices, or the erection of tents or other forms of protection, will be permitted only with the ENGINEFR's written permission, and at such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. Any structures of any nature constructed, placed or erected by the 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 constructed or elected 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 fiee from accumulation of debt is, 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 CONTRAC fOR. 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 requited 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, 01 work shifts or overtime, 01 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 OFPEA RLAND GENERAL CONDITIONS OF AGREEMENT The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two (2) corrected copies and furnish such other copies as may be needed. The ENGINEER s approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from 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 enois of any sort in shop drawings or schedules. It shall be the CONTRACTOR's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required Contract Work in accordance with the Plans and Specifications and Contract Documents, and within the Contract Time. Such review by the FNGINEER 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 shill 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 undei 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 perform such tasks at the location where that pact 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 of 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 of 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 fiom his obligation to perform the Work in accordance with the requirements of the Contract Documents. 4.20 DEFECTS AND THEIR REMEDIES. It is further agreed that if the Work or any part thereof or any matei ial brought on the site of the Work for use in the Woik of 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 fiom or through the ENGINEER, shall not be interpreted as requiring or allowing the CONTRACTOR to deviate from the Plans and Specifications or the Contract Documents, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to Work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable and contractually bound, at his own expense, for design, construction, installation and use or non-use of all items and methods instant to the performance of the Contract, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, similar items or devices used by him during construction, and work pei formed 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 I epresentative of either of them, whether through pei sonal observation on the Project site or by means of approval of shop drawings for construction or construction processes, or by other means or methods, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature 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 m 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 tor the protection of the impiovements 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 zt 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. A11 machinery and equipment and other physical hazards shall be guarded, as a minimum, in accordance with the `Manual of Accident Prevention in Construction" of the Associated General Contractois 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 perfoim construction activities will be allowed on the Work site. Violation of this provision is a default undei the Contract. The use possession, sale, transfer, purchase of being undei 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 diug testing guidelines and program. 05/2008 00700 - 15 of 36 CITY OF PFARLAND 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 pi ogresses, 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 o1 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 foi 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 OWNFR 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 FHE ENGINEER HARMLESS FROM ALL CLAIMS GROWING OUT OF THE DEMANDS OF SUBCONTRACTORS LABORFRS, 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 fiitl, 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 01 otherwise, between OWNER and any subcontractor, laborer or supplier of CONTRACTOR, nor shall it create, establish or impose any duty upon OWNER to pay o1 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 foi the use of any design, device, mates ial 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 OI 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 O`I HER 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 WAGFS, 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 ATIORNEY'S FENS AND EXPFNSES, AND SHALL BE REQUIRED TO PAY ANY JUDGMENT THEREFOR, WITH COSTS, WHICH MAY BF 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, DISEASF 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 WHOI F, 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 BF LIABLE, REGARDLESS OF WHETHER OR NOT IT IS CAUSED IN PART OR ALLFGEDLY CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER, ENGINFER AND/OR A PARTY INDEMNIFIED HEREUNDER. Notwithstanding the foregoing or anything in the Agreement to the contrary, in accordance with the provisions of Section 130.002 of the Texas Civil Practice and Remedies Code, CONTRACTOR shall not be obligated to indemnify or hold harmless the ENGINEER, his agents, servants or employees, from liability for damage that is caused by or results from defects in plans, designs or specifications prepared, approved or used by the ENGINEER, or negligence of the ENGINEER in the rendition or conduct of professional duties called for or arising out of any construction contract and the plans, designs or specifications that are a part of the construction contract, and arises from personal injury or death, property injury, or any other expense that arises from personal injury, death, or property injury. 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 foi the CONTRACTOR or a subcontiactoi undei workers' compensation acts, disability benefit acts or other employee benefit acts, and shall not be limited by any limitation on amounts or coverage of insurance provided or to be provided under this Contract. 4.27 LOSSES FROM NATURAL CAUSES All loss, cost, expense or damage to the CONTRACTOR arising out of the nature of the Work to be done or from any unforeseen circumstances in the prosecution of the same, or from the action of the elements, or from unusual obstructions or difficulties which may be encountered in the prosecution of the Work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 4.28 GUARANTEE The CONTRACTOR hereby guarantees all the Work under the Contract to be free from defects or deficiencies in material in every particular and free from defects or deficiencies in workmanship; and against unusual damage from proper and usual use; and agrees to replace or to re -execute without cost to the OWNER such Work as may be found to be defective, deficient or otherwise not in conformance with the Contract Documents, and to make good all damages caused to other work or material, due to such defective Work or due to its required replacement or re -execution. This guarantee shall cover a period of one year from the date of Substantial Completion or Partial Substantial Completion of Work undei 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 ANI) PROGRESS 5.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his Work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the Work shall be Substantially Completed as a whole and in part, in accordance with this Contract and the Contract Time; provided, also, that when the OWNER is having othei work done, either by contract or by his own forces, the ENGINEER may direct the time and manner of constructing the Worlc done under this Contract, so that conflict will be avoided and the construction of the various works being done for the OWNFR 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 fiNGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the Work, with dates on which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. 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 ENGINEhR, 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 othei cause which the ENGINEER shall decide justifies the delay. The CONTRACTOR shall give the hNGINEER 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 CONTRACT OR, its subcontractors or suppliers and if the OWNER determines that CONTRACTOR is entitled to an extension of time under the terms of the Contract, the OWNER shall grant an extension of time for Substantial Completion of the Work, sufficient to compensate for the delay and such extension of time shall be CONTRACTOR's sole and exclusive remedy, except as may be otherwise provided herein. No extensions of Contract Time shall be made for delays occurring prior to the Contractor's mobilization as defined in Section 01505 MOBILIZATION. 05/2008 00700 19 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT The Contract Time as defined in the Bid Proposal and other sections herein contains 40 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 1 role, 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 hnpact 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 though 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 Worlc, 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 performance was or would have been suspended by a cause for which CONTRACTOR is responsible, or to the extent an adjustment is made or denied under another provision of the Contract Documents. 5.05 LIQUIDATED DAMAGES FOR DELAY: It is understood and agreed that time is of the essence, and that the CON TRACTOR 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 OF PEARLAND 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 ma) 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 1 nne may only be changed by a Change Ordei. 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 ENGINFFR 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 pait of the Work within the Contract Time due to delays beyond the control of the OWNFR 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 Piice as a result of such delays. IN NO EVENT' SHALL OWNER BE LIABLE TO CONTRACTOR FOR DAMAGFS 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 aie due in part to the negligence, other fault, bleach 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 foi 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 Work 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 Documents. It is further understood that any request for clarification must be submitted no later than five (5) days prior to the opening of bids. 6.02 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, volume, number and weight on15 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 fiunished 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 Pioposals 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, um•ecovered 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 conformity with the Contract Documents, the OWNER agrees to pay to the CONTRACTOR the prices set forth in the Standard Form of Agreement, for the material actually used and services actually performed; however, the OWNER does not assume any obligation to pay for any services or material not actually authorized and used. The CONTRACTOR hereby agrees to receive such prices as payment in full for furnishing all materials and all labor required for the aforesaid Work, and for all expenses incurred by him, and for full performance of the Work and the whole thereof in the manner and according to this Agreement, the 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. CON] RACTOR shall, at any time requested during the progress of the Work, furnish the OWNER or the ENGINEER with an affidavit showing the CONTRACTOR's total outstanding indebtedness in connection with the Wok. 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 season 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, of 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 fanly allocate the entire Contract Price among the various portions of the Work and shall bc prepaied 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 foi Payment shall indicate thc 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 ENGINFER, for approval or conection, an application foi partial payment, being a statement showing as completely as practicable, the total value of the Work done by the CONTRACTOR up to and including the twenty-fifth 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 manufactuier's recommendation at the Work site only. No payment will be made foi 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 conforming to the requirements of the Contract Documents, the ENGINEER shall prepare a preliminary certificate for partial payment and shall deliver his preliminary certification foi 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 foi payment due CONTRACTOR, and deliver it to the OWNER and CONTRACTOR FNGINEER'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 I4NGINEFR s notice of error or dispute, and such corrected application for payment shall be reviewed by the ENGINEER and disputed or paid under the same procedure and within the same time limits set out above. 05/2008 00700 - 23 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT As a condition of any progress payment under this Agreement, CONTRACTOR shall execute and deliver to ENGINEER and OWNFR 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 tetras 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 ENGINEFR, and some unexpected or unusual delay occurs, through no neglect or fault on the part of the CONTRACTOR, the OWNFR 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 filly complete the Work, and thereupon, the CONTRACTOR shall receive, at the OWNER'S option, payment of the balance due him under the Contract for Woik completed in accordance with the Contract Documents, subject to OWNER's rights to otherwise withhold or retain payments, and subject to the conditions set foith under "6.08 FINAL PAYMFNT." 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 OWNFR 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 FNGINEER, 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 theieaftei, of such notice, the F,NGINEKR and the CONTRACTOR shall jointly perform a walk-through and inspection of the Work to determine the status of all or the identified portion of the work, and shall prepare a detailed list of unfinished incomplete defective and/or non -conforming Woik ("Punchlist"). If the FNGINEER determines 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 TI HE OMISSION OF AN ITEM FROM THE PUNCHLIST, SHALL EXCUSE I'HF CONTRACTOR FROM PERFORMING ALL OF THE WORK UNDERTAKEN, WHETHER OF A MINOR OR MAJOR NATURE, AND THEREBY COMPLETING THE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. The Certificate of Substantial Completion shall establish the time period within which CONTRACTOR shall complete the Work for Final Acceptance by the Owner and ENGINEER. 6.08-1 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, for security requirement seasons. 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 PAYMFNT. 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 COI\TRACTOR's responsibility to correct nonconforming Woik during the warranty period set forth in the Contract Documents, and to satisfy other requirements, if any, which necessarily suivive final payment; (c) CONTRACTOR delivers to OWNER a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days prior written notice has been given to OWNER; (d) CONTRACTOR delivers to OWNER a Consent of Surety, if any, to final payment; (e) 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/oi instructions; (f) CONTRACTOR delivers to OWNER all building certificates requited prior to occupancy and all other required inspections / approvals / acceptances by city, county, state governmental entities or other authorities having Jurisdiction; (g) CONTRACTOR delivers to OWNER assignments of all guarantees and warranties from subcontractors, vendors suppliers or manufacturers, as well as names, addresses and telephone numbers of contacts for each subcontractor, vendor, supplier or manufacturer; 05/2008 00700 - 25 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (h) CONTRACTOR removes all equipment tools, temporary facilities, surplus materials and rubbish from the site, and final cleans the site to OWNER'S satisfaction; (i) CONTRACTOR delivers to OWNER a Full and Final Release and Affidavit of Bills Paid in the form attached hereto as Attachment No. 2, executed by 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 CON I RACTOR 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 fiom the OWNFR 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 per iod of time as may be prescribed by law or by the terms of any applicable special wananty required by the Contract Documents any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR shall, at its sole cost, correct it and any other work affected thereby promptly after receipt of a written notice from OWNER to do so. In addition, CONTRACTOR shall be responsible for any damage to building contents, when such damage results from the CONTRACTOR's use of faulty materials or defective workmanship, to the extent such damage is not covered by OWNER's insurance. This warranty period shall renew and recommence for each corrected item of Work upon completion of the remedial work. This time period for correction by CONTRACTOR is in 05/2008 00700 - 26 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT addition to, and not in lieu of, all warranties or remedies, which exist at common law or by statute. 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, of on account of subsequently discovered evidence nullify and demand immediate repayment of, the whole or part of any certificate for payment or payment, to such extent as may be necessary to protect OWNER from loss on account of: (a) Defective or non -conforming Work not remedied; (b) Claims filed or reasonable evidence indicating probable filing of claims; (c) Failure of the CONTRACTOR to make payments promptly to subcontractors or for material or labor; (d) Damage to another contractor, OWNER, existing improvements on the site, or to adjacent or adjoining property; (e) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract amount; (0 Reasonable indication that the Work will not be completed within the Contract Time; (g) Failure on the pait 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 OWNFR's satisfaction, the withheld payment shall be made promptly If the said causes are not so remedied, OWNER may remedy the same for CONTRACTOR's account, charge the entire cost thereof to CONTRACTOR and deduct such cost from the Contract Sum or from any payments due or to become due under any other agreement between OWNER and CONTRACTOR. 05/2008 00700 - 27 of 36 CITY OF PEARLIIND GENERAL CONDITIONS OF AGREEMENT 6.13 DELAYFID PAYMENTS. Should the OWNER fail to make payment to the CONTRACTOR when payment is due in accordance with the terms of the Contract Documents, any interest due CONTRACTOR for late payments shall accrue and be paid in accordance with the provisions of Chapter 2251 of the Texas Government Code, as amended, and payment of such interest shall fully liquidate and compensate any injury to the CONTRACTOR growing out of such delay in payment. Should OWNER fail to pay CONTRACTOR an undisputed amount due within the time limits provided in the Contract or applicable law CONTRACTOR shall give the notice required and comply with the provisions of Section 2251.051. of the Texas Government Code, and shall thereupon be entitled to the rights and remedies provided therein. 7.0 EXTRA WORK AND CLAIMS 7.01 CHANGE ORDERS. Without invalidating this Agreement, the OWNER may, at any time or fiom 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 OWNFR 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 hmspection services during the requested period and submit this to both OWNER and CONTRACTOR. If approved by both parties the Construction Manager shall prepare a Deductive Change Order in the amount stated in the estimate for the signature of the CONTRACTOR and the OWNER for inclusion in the next Pay Application. The Deductive Change Order must be signed and executed by both the OWNER and CONTRACTOR prior to start of work on any non -Work Day. 7.03 MINOR CHANGES. The ENGINEER may authorize minor changes in the Work not inconsistent with the overall intent of the Contact Documents and not involving an increase in Contract Price or time. If the CONTRACTOR believes that any minor changes authorized by the ENGINEER involves Extia Work or entitles him to an increase in the Contract Price or the Contact Time, the CONTRACTOR shall give notice of same by written request to the ENGINEER for a written Work Order, with a copy to OWNER. Any such notice and request by the CONTRACTOR shall be given prior to beginning the changed work. CONTRACTOR's commencement of any minor change in the Work prior to such written notice and request shall constitute a waiver of any and all claims for an increase in the Contract Price or the Contract Time arising out of or related to such changed work. 7.04 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all work under the direction of the ENGINEER when presented with a written Change Order Work Change Directive or Woik Order signed by the ENGINEER, subject, however, to the right of the CONTRACTOR to requite 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 of 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 Worlc 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 incuired together with all power fuel, lubricants, water and similar operating expenses, plus all necessary incidental expenses incuired 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 PE'ARLAND 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 Fxtra Woik 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 pioper 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 en 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 he 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 ENGINFER 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 foi 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 of such longer period as may be agreed to by the patties 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 foi 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 foi Mediation shall constitute a waives, forfeit and final bar of all such claims held by the CONTRACTOR against the OWNER. CONTRACTOR shall continue to diligently prosecute the Wotk 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 AG-REEMENT 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 Doccunents, or if the CONTRACTOR otherwise defaults on its obligations under the Contract, OWNFR shall have the right, if it so elects and without prejudice to any other rights it may have, after giving five (5) days wi itten 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 pail 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 CONTRAC"I OR. After receiving said notice of default, the CONTRACTOR shall promptly and within no more than three (3) days, remove from the Woik 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 OWNFR 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 OFPLARLAND GENERAL CONDITIONS OF AGREEMENT (b) The OW1\ F R, under sealed bids, under the times and procedures provided for by law, may let the contract for completion of the Work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the OWNER under the completion contract, as compared to what would have been the cost under this Contact, 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/oi his surety shall pay the balance due as reflected by said statement. The OWNER, pi for to incurring an obligation to make payment hereunder, shall have such statement of completion attested to by the CONTRACTOR and the sleety as accurate, and in exchange for payment of the sum stated therein, the OWNER shall be entitled to a full and final release of any claims or demands by the CONTRACTOR or the surety. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this Contract, or when the CONTRACTOR and/or his surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools or supplies left on the site of the Work shall be turned over to the CONTRACTOR and/or his surety. Should the cost to complete the Work exceed the Contract Price, and the CONTRACTOR and/or his surety fail to pay the amount due the OWNER within the time designated above and there remains any machinery, equipment, tools, materials or supplies which are the property of CONTRACTOR on the site of the Work notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his surety at the respective addresses designated iri the Contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice such property shall be held at the risk of the CONTRACTOR and his surety, subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of such notice, the OWNER may sell such property, equipment, tools, materials or supplies, and apply the net sum derived from such sale to the credit of the CONTRACTOR and his surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials or supplies, which remain on the Work, and belong to persons other than the CONTRACTOR or his surety, to their reputed owners. 05/2008 00700 - 32 of 36 CITYOFPEARLAND GENERAL CONDITIONS OF AGREEMENT 8.02 SUPPLEMENTATION OF CON I RACTOR 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 fully 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 PFRFORMANCE All rights and remedies of OWNER, under the terms of the Contract and/oi 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 acknowledges and agrees that such items are required, necessary, essentially unique to the Project and the Work and will cause irreparable harm to OWNER and the Project if not furnished in accordance with the Contract, and OWNER shall have the right to obtain a decree of specific performance and mandatory injunctive relief from any Court of competent jurisdiction to ensure the timely furnishing of such items. 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 per formance. 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 piovided 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, fiom 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 tights under and interest in any and all subcontracts and/oi 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 unperformed duties and obligations under the subcontract, foi the direct benefit of OWNER In the event OWNER requires such performance by a subcontractor, then OWNER shall be obligated to pay such subcontractor any amounts due and owing under the terms of the subcontract/purchase order, at the subcontract prices and rates, and subject to any rights of withholding or offset and other terms and conditions of the subcontract, for all work properly performed by such subcontractor, to the date of OWNER s acceptance and thereafter. OWNER's liability in this connection, however, shall not exceed the amount obtained by subtracting all payments made by CONTRACTOR to subcontractor from the Subcontract Price at the time of CONTRACTOR s default or OWNER's termination of CONTRACTOR. CONTRACTOR shall include a provision in its subcontracts that allows such assignment and allows OWNER to take these actions, and furthei 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 CONSF,QUENTIAL 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, it 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 Woik and take reasonable precautions to protect and preserve such work, and shall take all reasonable measures after consultation with OWNER to terminate or assign to OWNER all subcontracts, purchase orders or other commitments related to the Work or the Project on terms and conditions acceptable to OWNER. CONTRACTOR will be paid for all Work performed in strict accordance with the Contract Documents, based upon the Contract Price and the percentage of completion on the date of termination, and less amounts previously paid subject to any reasonable backcharges attributable to CONTRACTOR's failure to comply with any of the provisions of this Contract and further subject to the other terms of this Contract regarding payment. In no event will CONTRACTOR receive or be entitled to any payment or compensation whatsoever for mterruption 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 007001 34 of 36 CITYOFPEARLAND GENERAL CONDITIONS OF AGREEMENT exceed the Contract Price. The compensation provided herein shall be CONTRACTOR's sole and exclusive remedy arising out of a tel 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 pro ided 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 aftei written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the Work, and may remove therefiom all machinery, tools and equipment, and all materials on the site of the Work that have not been included in payments to the CONTRACT OR 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 Extia Work performed at the prices agreed upon, or provided for by the terms of this Contract, and a measonable 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 meceipt of such statement, shall satisfy any and all rights, claims or causes of action of CONTRACT OR 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 foi 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 om 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, foi 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 healing shall be in Brazoria County, Texas, oi, 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 OWNFR 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 Section 00700A 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 43 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 5 5 5 6 6 6 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 7 4.01 Independent Contractor 7 4.02 Contractor's Understanding 7 4.03 Laws and Ordinances 4.04 Assignment and Subletting 4.05 Performance and Payment Bonds 4.06 Insurance 4.07 Permits and Fees 4.08 Texas State Sales Tax 7 8 8 8 8 9 4.09 Contractor's Duty and Superintendence 9 4.10 Character of Workers 9 4.11 Labor, Equipment, Materials, Construction Plant and Buildings 4.12 Sanitation 4.13 Cleaning and Maintenance 4.14 Performance of Work 4,15 Right of Owner to Accelerate the Work 9 10 10 10 10 4.16 Layout of Work 10 4.17 Shop Drawings 10 05/2007 00700 - �� CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.18 Engineer -Contractor Relationship; Observations 4.19 Observation and Testing 4.20 Defects and Their Remedies 11 11 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 20 20 21 22 23 23 6.11 Payments Withheld 23 6.12 Delayed Payments 24 7.0 EXTRA WORK AND CLAIMS 24 7.01 Change Orders 7.02 Minor Changes 7.03 F,xtra Work 7.04 Time of Filing Claims 8.0 DEFAULT 8.01 Default by Contractor 24 25 25 26 27 27 8.02 Supplementation of Contractor Forces 29 8.03 Cumulative Remedies & Specific Performance 29 8.04 Cross -Default 29 8.05 Insolvency 29 8.06 Contingent Assignment 8.07 Waiver of Consequential Damages 8.08 Termination for Convenience 30 30 30 8.09 Default by Owner 31 9.0 DISPUTE RESOLUTION 31 ATTACHMENT NO. 1: WORKERS' COMPENSATION INSURANCE COVERAGE Al 05/2007 00700 - iv CITY OF PEARL/LAID 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 Cl • 05/2007 00700 - v CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 1 TO GENERAL CONDITIONS WORKERS' COMPENSATION INSURANCE COVERAGE A. DEFINITIONS: Certificate of coverage ("certificate") . A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project for the duration of the Project. Duration of the Project includes the time from the beginning of the Work on the Project until the contractor's/person's work on the Project has been completed and the Project warranty period has expired. Persons providing services on the project includes persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with due contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, motor carriers and owner - operators, (as defined at Section 406.121 of the Texas Labor Code), leasing companies, and employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. ` Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliver ies, and delivery of portable toilets. B. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers Compensation Act, for 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. The CONTRACTOR shall obtain from each subcontractor or other person providing services on a project, and provide to the OWNER: (I) a certificate of coverage, prior to that person beginning work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 05/2007 00700 - A 1 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (2) no later than seven days after receipt by the CONTRACTOR and prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The CONTRACTOR shall notify the OWNFR 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 Woikers' Compensation Commission, informing all persons providing services on the Project that they are requited 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 foi coverage, to verify whether your employer has provided the requited coverage, or to report an employer's failure to provide coverage." 1. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, too: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers Compensation Act, for all of its employees providing services on the Project, for the duration of the Project; (2) provide to the CONTRACTOR, prior to that person beginning work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the Project: 05/2007 00700 - A2 CITY OFPEA RLAND GENERAL CONDITIONS OF AGREEMENT (3) provide the CONTRACT OR, 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 CON erage ends during the duration of the Project; (4) obtain from each other person with whom it contracts, and provide to the CONTRACTOR: (a) a certificate of coverage, prior to the other person beginning work on the Project; and (b) a new certificate of coverage showing extension of coverage prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project (5) retain all required certificates of coverage on file for the duration of the Project and for one year thereafter (6) notify the OWNER in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage agreements will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR, which entitles the OWNER to pursue all rights and remedies available to it under the Contract, at law or in equity, if the CONTRACTOR does not remedy the breach within ten days after receipt of notice of breach from the OWNER 05/2007 00700 - A3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 2 TO GENERAL CONDITIONS AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE In consideration of the Final Payment under that certain contract between (hei eafter "CONTRACTOR") and the City of Pearland (hereafter "OWNER") for the Project known as the Pearland Gateway (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 ar in tort, now existing or which may hereafter acci ue, 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 aie subscribed hereto, does solemnly swear and affirm that all bills and claims have been paid to all materialmen, suppliers, laborers, subcontractors, or other entities perfoiming 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 foi Final Payment and Contractor's Sworn Release shall constitute a supplement thereto for the additional protection of OWNER 05/2007 00700 - B 1 • CITY OFPL'ARLAND GENERAL CONDITIONS OF AGREEMENT SIGNED and EXECUTED this, the day of , 20 . CONTRACTOR: By: Signature Print Name: rifle: [If CONTRACTOR is a proprietoi ship, owner must sign, if a partnership, each general partner must sign; if a corporation, the following language should be used.] SIGMA') 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 ATTFST: Corporate Secretary (Corporate Seal) • [This form is for use by either a proprietorship or a partnership In the event CONTRACTOR is a partner ship or a Joint proprietorship, additional signature lines should be added for each individual.] 05/2007 00700 - B2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared the person or persons whose name(s) are subscribed to the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, who each, after being by me duly sworn, on their oaths deposed and said I (We) am (are) the person(s) who signed and executed the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, and I (we) have read the facts and statements as therein set out and the representations as made therein, and I (we) state that the above and foregoing are true and correct. CONTRACTOR - Affiant SWORN TO AND SUBSCRIBED TO before me, the day of 20 . Notary Public, State of Texas My Commission Expires: [This form is for use in the event CONTRACTOR is a corporation.] 07/2006 00700 - B3 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 1n 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 foi 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 OFPEARLAND 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 Engineei, (b) any officers, employees, or agents of such persons or entities, and (c) others as required by the Contract Documents, if any. 1.2 Contractor. "Contractor" shall mean the vendor providing the service or work to be performed under this Agreement. 1.3 Subcontractor. "Subcontractor" shall include subcontractors of any tier. 1.4 ISO. "ISO" means Insurance Services Office. 2. Contractor Insurance Representations to Owner Parties 7.1 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 he 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 - C CITY OEPEARLJIND GENERAL CONDITIONS OF AGREEMENT 3. Conditions Affecting All Insurance Required Herein 3.1 Cost of Insurance. All insurance coverage shall be provided at the Contractor's sole expense. 3.2 Status and Rating of Insurance Company. All insurance coverage shall be written through insurance companies authorized to do business in the state in which the work is to be performed and rated no less than A-: VII in the most current edition of A. M. Best's Key Rating Guide. 3.3 Restrictive, Limiting, or Exclusionary Endorsements. All insurance coverage shall be provided to the Owner Parties in compliance with the requirements herein and shall contain no endorsements that restrict, limit or exclude coverage required herein in any manner without the prior express written approval of the Owner. 3.4 Limits of Liability. The limits of liability may be provided by a single policy of insurance or by a combination of primary and umbrella policies, but in no event shall the total limits of liability available for any one occurrence or accident be less than the amount required herein. 3.5 Notice of Cancellation, Nonrenewal, or Material Reduction in Coverage. All insurance coverage shall contain the following express provision: In the event of cancellation non -renewal, or material reduction in coverage affecting the certificate holder, thirty (30) days prior written notice shall be given to the certificate holder by certified mail or registered mail, return receipt requested. 3.6 Waiver of Subrogation. The Contractor hereby agrees to waive its rights of recovery from the Owner Parties with regard to all causes of property and/or liability loss and shall cause a waiver of subrogation endorsement to be provided in favoi 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 unmodified ISO CG 0001 0798 or its equivalent). 4.1.3 Amount of Insurance. Coverage shall be provided with limits of not less than: Fach Occurrence Limit Geneial Aggregate Limit Product -Completed Operations Aggregate Limit Personal and Advertising Injury Limit 4.1.4 Required Endorsements $1,000,000 $2,000,000 $2,000,000 $1,000,000 a. Additional Insured. Additional insured status shall be provided in favor of the Ownei Parties on any of the following: 1. ISO form CG 20 10 1 1 85; or 11. ISO form CG 20 26 11 85; or 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 Ownei Parties. The obligations of the Contractor's insurance shall not be affected by any other insurance available to the Owner Patties 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. Waiver of Subrogation, as required in 3.6, above. 05/2007 00700 - C3 CM' OFPEARLAND GENERAL CONDITIONS OF AGREEMENT 4.1.5 Continuing Commercial General 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 Agieement. The Contractor shall provide written representation to Owner stating Work completion date. 4.2 Auto Liability Insurance 4.2.1 Coverage. Such insurance shall covet liability arising (including owned, hired, and non -owned). out of any auto 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 requited 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: 4.3.3 Employer's Liability: $1,000,000 each accident and each disease. • • Required Endorsements a: Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as requited in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. 4.4 Umbrella Liability Insurance 4.4.1 Coverage. Such insurance shall be excess over and be no less broad than all coverages described above and shall include a drop -down provision for exhaustion of underlying limits. 4.4.2 Form. This policy shall have the same inception and expiration dates as the commercial general liability insurance required above. 05/2007 00700 - C4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.4.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $5 000,000. 4.4.4 Continuing Umbrella Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.5 Professional Liability Insurance 4.5.1 Coverage. The Contractor shall provide professional Liability insurance for claims arising fiom the negligent performance of professional services of any type, including but not limited to design or design/build services as part of the Work to be performed. 4.5.2 Form. This insurance shall include prior acts coverage sufficient to cover all services rendered by the Contractor and by its consultants under this Agreement. It is recognized that this coverage may be provided on a Claims -Made basis. 4.5.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $1,000,000. 4.5.4 Continuing Professional Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.6 Builder's Risk 4.6.1 Insureds. Insureds shall include: a. Owner, General Contactor and all Loss Payees and Mortgagees as Named Insureds; and b. subcontractors of all tiers in the Work as Additional Insureds. 05/2007 00700 - C5 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.2 Covered Property. Such insurance shall cover: Form 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 tilling; 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 form, shall be provided on a completed -value basis, and shall be primary to any other coverage insurance available to the msured 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: 1. Additional expenses due to delay in completion of project (where applicable) ii. Agreed value Damage arising from error, omission or deficiency in construction methods, design, specifications, worlananship 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 05/2007 00700 - C6 CITYOFPEARLAND GENERAL CONDITIONS OF AGREEMENT xii. Occupancy clause, as required in F, below xiii. Ordinance or law xiv. Pollutant clean-up and removal xv. Preservation of property xvi. Replacement cost xvii. fheft xviii. Wail\ er of subrogation as required in G, below. Included Included $ TBD Included Included Included Included without sublimit without sublimit without sublimit 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 occuri ence. 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 $5,000 5 Days $25,000 or excess of NFIP if in Flood Zone A, BorV $25,000 4.6.5 Teimination 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: Should a covered loss be subrogated, either in whole or in part, your rights to any recovery will come first, and we will be entitled to a recovery only after you have been fully compensated for the loss. 5. Intentionally left blank. Evidence of Insurance 6.1 Provision of Evidence. Evidence of the insurance coverage required to be maintained by the Contractor, represented by certificates of insurance evidence of insurance, and endorsements issued by the insurance company or its legal agent, and must be furnished to the Ownei 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 endoi sements shall be provided to the Owner prior to the termination date of the current certificates of insurance, evidence of insurance, and endorsements. 6.2 Form 6.2.1 All property insurance required herein shall be evidenced by ACORD form 28, `Evidence of Property Insurance". 6.2.2 All liability insurance required herein shall be evidenced by ACORD form 25, "Certificate of Insurance". 6.3 Specifications. Such certificates of insurance, evidence of insurance, and endorsements shall specify: 6.3.1 The Owner as a certificate holder with correct mailing address. 6.3.2 Insured's name, which must match that on this Agreement. 6.3.3 Insurance companies affording each coverage, policy number of each coverage, policy dates of each coverage, all coverages and limits described herein, and signature of authorized representative of insurance company. 6.3.4 Producer of the certificate with correct address and phone number listed. 6.3.5 Additional insured status required herein. 6.3.6 Amount of any deductibles and/or retentions. 6.3.7 Cancellation, non -renewal and material reduction in coverage notification as required by this Agreement. Additionally, the woids "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 C7TY 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 o' failure of any Owner Party to identity a deficiency from evidence that is provided shall not be construed as a waive' 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 requited 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 cove ring the Contractor's o' 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 PhARLAND 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/ot uninsured portion thereof, maintained and/or required to be maintained by the Contractor and/or its subcontractors pursuant to this Agreement. 05/2007 00700 - C l 0 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT Section 00800 SPECIAL CONDITIONS OF AGREEMENT The following Special Conditions modify the General Conditions, Document 00700. Where a portion of the General Conditions is modified or deleted by these Special Conditions, the unaltered portions of the General Conditions shall remain in effect. ARTICLE 1 DEFINITIONS AND INTERPRETATIONS 1.01 Add the following paragraph to the end of Article 1.01: The OWNER'S representative on the project site is: Skipper Jones, telephone: 281. 652.1748 ARTICLF 4 RIGHTS AND RhSPONSIBILITIES OF THE CONTRACTOR 4.05 Add the following paragraph to Article 4.05: A Maintenance Bond in accordance with Document 00612 of the Project Manual is required for this Project. The cost of this bond shall be included in the CONTRACTOR'S Bid Proposal. Attachment No 3 To General Conditions, Owner's Insurance Requirements of Contractor, Article 4.6 Builder's Risk — Builder s Risk Insurance is be required for this project. ARTICLF 5 PROSECUTION AND PROGRESS 5.08 Add Article 5.08: The Contract Time as defined in the bid and other sections of the Contract Documents includes a certain number of rain days. Based on the Alvin Weather Center Records, the average annual rain days from June 1898 to December 1996 is 40 days calculated from all precipitation days of record. The CONTRACTOR is required to keep a record of rain days at the site. The record of rain days must be accepted and signed by the City Inspector monthly, and shall be reported on the monthly pay estimate submittal. At the end of the contract, the CONTRACTOR will be credited only for the number of accepted rain days that exceed 40 lain days per year, pioportionate to the original Contract Time. General Notes: Sections 00100 Invitation to Bidders, 00200 Instructions to Bidders and 01505 Mobilization all make reference to provision by the CONTRACTOR of a laptop computer foi use by the OWNER'S representative or CONSTRUCTION MANAGER. BIDDER is NOT REQUIRED to provide this equipment or include this cost in the Bid. Section 01500 Temporary ncilities requires CONTRACTOR to provide high speed internet access in the Field Office BIDDER is not required to provide either a Field Office of any internet access foi this project. All other requirements remain and will be required per the section. 09/2007 00800 - 1 of 2 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT It is the responsibility of the Contractor to coordinate with the Owner for all Traffic Control Documents. Contractor to coordinate with the Owner for procurement of Traffic Control Documents prior to permitting. Contractor is to keep a minimum of one lane open at all times, in both directions. No lane closures to extend beyond the defined work day. Contractor will not be required to provide an on -site construction office for the duration of this project. END OF SECTION 09/2007 00800 - 2 of 2 CITY OFPEARLAND 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 specify the tales shown in Table 0081 1-A following to be the general prevailing rates in the locality in which the work is being performed. 1.02 This prevailing wage rate does not prohibit the payment of more than the rates stated. 1.03 The wage scale for engineering construction is to be applied to all site work greater than five (5) feet fiom an exterior wall of new building under construction or from an exterior wall of an existing building. • 07/2006 0081 1 - 1 of 2 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Table 00811-A PREVAILING WAGE RATES FOR ENGINEERING CONSTRUCTION Classification Rates Classification Rates Carpenter $14.38 CEMENT-MASON/CONCRETE- $ 11.37 FINISHER ELECTRICIAN $ 18.40 Formbullder/Formsetter $ 9.83 .IRONWORKER, REINFORCING $ 11.29 Laboiers: Common $ 8.99 Landscape $ 7.35 Mason lender Cement $ 9.96 Pipelayer $ 9.63 PIPEFITTER $ 17.00 POWER EQUIPMENT OPERATOR: Backhoe $ 12.74 Bulldozer $ 12.46 Crane $11.00 Excavator $ 16.74 Front End Loader $ 10.47 Grader $ 12.20 Tractor $11.29 TRUCK DRIVER $ 14.42 • • 07/2006 00811 - 2 of 2 CITY OF PEARLAND DRAWING INDEX SECTION 00850 DRAWING INDEX The drawings listed below, identified by sheet number and title, and dated June 29, 2011, form a part of the Contract Documents for the Work. S heet No. Title L1.00 L2.00 L3.00 L4.00 S 1.00 S 1.10 S 2.00 Site Survey Layout Plan Construction Details Construction Details General Notes Typical Concrete Details Plan and Details END OF SECTION • 04/2009 00850 - 1 of 1 CITY OF PEARLAND SUMMARY OF WORK 05/2008 01 100 - 1 of2 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 : the Pearland Gateway Monument. This will shall entail earthwork, site grading, metal fabrication, masonry construction, and other required elements. 1.03 WORK BY OWNER A N/A 1.04 OWNER FURNISHED PRODUCTS A N/A 1.05 WORK SEQUENCE A Pre -Construction Meeting B Contractor to submit project schedule to Engineer & Owner for approval as specified in Section 01300 — Submittals. C Contractor shall coordinate the Woik with the Engineer and Owner as specified in Section 01040 Coordination and Meetings. 1.06 FUTURE WORK A Contractor shall coordinate with the Engineer and Owner for possible future electrical connection for Gateway Monument lighting. 1.07 CONTRACTOR'S USE OF PREMISES A Comply with procedures for access to the site and Contractor's use of rights -of -way as specified in Section 01 140 - Contractor's Use of Premises. B Contractor shall be responsible for all utilities required for construction. 1.08 OWNER OCCUPANCY CITY OF PEARLAND SUMMARY OF WORK 05/2008 01100 - 1 of2 CITY OF PEARLAND SUMMARY OF WORK 05/2008 oiioo-2or2 A Cooperate with the Owner to minimize conflict, and to facilitate the Owner's operations. Coordinate Contractor's activities with Engineer. Schedule Work to accommodate this requirement. 2.0 PRODUCTS -Not Used 3.0 EXECUTION-NotUsed END OF SFCTION CITY OF PEARLAND SUMMARY OF WORK 05/2008 01 1 Ci0 - 2 of 2 CITY OF PEARLAND 1.0 GENERAL CONTRACTOR'S USE OF PREMISES Section 01140 CONTRACTOR'S USE OF PREMISES 1.01 SECTION INCLUDES A General use of the Project Site including properties inside and outside of the limits of construction, work affecting roads, ramps, streets and driveways and notification to adjacent occupants. B References to Technical Specifications: Section 01350 — Submittals 2 3 4 5 6 7 8 9 1.0 Section Section Section Section Section Section 01730 — Cutting & Patching 01555 — Traffic Control & Regulation 01562 — Waste Material Disposal 01720 — Field Surveying 02980 — Pavement Repair 02770 — Curbs, Curb & Gutter, & Headers Section 02255 — Bedding, Backfill, & Embankment Materials Section 02922 — Sodding Section 02921. — Hydiomulch Seeding 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Subrnittals. 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 float 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 ai eas 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 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 s-ttisfaction 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 of 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 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. 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, accommod'lting 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 01140-2of4 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 potentialaccess 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 hydiomulch seeding in aieas of commercial, industiial 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 — Hydiomulch Seeding. Water and level newly sodded areas with adjoining turf using steel wheel rollers appropriate for sodding. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01 140 - 4 of 4 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES Section 01200 MEASUREMENT AND PAYMENT PROCEDURES 1.0 GENERAL 1.01 SECTION INCLUDES A Procedures for measurement and payment of Work. B Conditions for nonconformance assessment and nonpayment for rejected products. C References to Technical Specifications: See Bid Proposal Sheet D Reference Standards: 1. Concrete Reinforcing Steel Institute (CRSI) 2. American Institute of Steel Construction (AISC) 1.02 AUTHORITY A Units and methods delineated in this Section aie 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 me'isurements 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 lessee quantities than those quantities indicated in Section 00300 — Bid Proposal, provide the required quantities at the unit prices contracted except as otherwise stated in Section 00700 — General Conditions of Agreement or in executed Change Order. 1.04 MEASUREMENT OF QUANTITIES A Measurement by Weight: Reinforcing steel, rolled or formed steel or other metal shapes will be measured by CRSI of AISC Manual of Steel Constiuction weights. Welded assemblies will be measuf ed by CRSI or AISC Manual of Steel Construction or sc de 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, transpoitation, services, and incidentals; and election, 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 Woik. 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 discietion of the Engineei, 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 finmil. 1.07 NONPAYMENT FOR REJECTED PRODUCTS A Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable to Engineer. 2. Products determined as nonconforming before or after placement. 3. Products not completely unloaded from transporting vehicle. 4. Products placed beyond the lines and levels of the required Work. 5. Products remaining on hand after completion of the Work, unless specified otherwise. 6. Loading, hauling, and disposing of rejected products. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION • • 05/2007 01200 - 3 of 3 CITY OF PEARLAND CHANGE ORDER PROCEDURES Section 01290 CHANGE ORDER PROCEDURES 1.0 GENERAL 1.01 SECTION INCLUDES A Procedures for processing Change Orders, including: 1. Assignment of a responsible individual for approval and communication of changes in the Work; 2. Documentation of change in Contract Price and Contract Time; 3. Change procedures, using proposals and construction contract modifications, Work Change Directive, Stipulated Price Change Order, Unit Price Change Ordei, 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 Refeiences: 1. Rental Rate Blue Book for Constiuction 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 Subcontractois 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 inform ition 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 equ'rls 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 In adjustment factor of 70 percent plus the full rate shown for operating costs The Rental Rate utilized shall be the lowest cost combination of hourly daily, weekly or monthly rates. Use 150 percent of the Rental Rate for double shifts (one extra shift per day) and 200 percent of the Rental Rate for more than two shifts per day. No other rate adjustments shall apply. 2. Standby rates shall be 50 percent of the appropriate Rental Rate shown in the Blue Book. Operating costs will not be allowed. 1.05 CHANGE PROCEDURES A Changes to Contract Price or Contract Time can only be made by issuance of a Change Order. Issuance of a Work Change Directive or written acceptance by the Engineer of changes will be formalized into Change Orders. All such changes will be in accordance with the requirements of Section 00700 — General Conditions of Agreement, 7.01 "Change Orders". 02/2008 01290 - 2 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES B The Engineer will advise Contractor of Minor Changes in the Work not involving an adjustment to Contiact Price or Contract Time as authorized by Section 00700 — General Conditions of Agreement, 7.02 `Minor Changes", by issuing supplemental Instructions. C Contractor may request clarification of Plans, Technical Specifications or Contract Documents or other information. Response by the Engineer to a Request for Information does not authorize the Contractor to perform tasks outside the scope of the Work. All changes must be authorized as described in this Section. 1.06 PROPOSALS FOR CHANGE AND CONTRACT MODIFICATION A The Engineer may issue a Request for Proposal, which includes a detailed description of a proposed change with supplementary or revised Plans and Technical Specifications. The Engineer may also request a proposal in the response to a Request for Information. Contractor will prepare and submit its Proposal for Change within 7 days or as specified in the request. B The Contractor may propose an unsolicited change by submitting a Proposal for Change to the Engineer describing the proposed change and its full effect on the Work, with a statement describing the reason for the change and the effect on the Contract Price and Contract Time including full documentation. 1.07 WORK CHANGE DIRECTIVE A Engineer may issue a signed Work Change Directive instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B The document will describe changes in the Work and will designate a method of determining any change in Contract Price or Contract Time. C Contractor shall proceed promptly to execute the 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 -determined 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 B C D Contractor shall provide an itemized account and supporting data after completion of change, within time limits indicated for claims in Section 00700 — General Conditions of Agreement. Engineer will determine the change allowable in Contract Price and Contract Time as provided in Section 00700 — General Conditions of Agreement. 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". 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 1.12 COR A B C D 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. RELATIN OF CONTRACTOR SUBMITTALS Foi Stipulated Price Contracts, Contractor shall promptly revise Schedule of Values rind Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Price. 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. 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 foi review. 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 01290-4of4 CITY OF PEARLAND COORDINATION ANI) MEETINGS Section 01310 COORDINATION AND MEETINGS 1.0 GENERAL 1.01 SECTION INCLUDES A Section includes general coordination including Preconstruction Conference, Site Mobilization Conference, and Progress Meetings. B References to Technical Specifications: 1. Section 01100 — Summary of Work 1.02 RELATED DOCUMENTS A Coordination is required throughout the documents. Refer to all of the Contract Documents and coordinate as necessary. 1.03 ENGINEER AND REPRESENTATIVES A The Engineer may act directly or through designated representatives as defined in Section 00700 — General Conditions of Agreement, 1.01 "Owner, Contractor, and Engineer' , and as identified by name at the Preconstruction Conference. 1.04 CONTRACTOR COORDINATION A Coordinate scheduling, submittals, and work of the various Technical Specifications to assure efficient and orderly sequence of installation of interdependent construction elements B Coordinate completion and clean up of the Work for Substantial Completion and for portions of the Work designated for Owner's partial occupancy. C Coordinate access to Project Site for correction of nonconforming work to minimize disruption of Owner's activities where Owner is in partial occupancy. 1.05 PRECONSTRUCTION CONFERENCE A Engineer will schedule a Preconstruction Conference. B Attendance Required: Engineer's representatives, Consultants, Contractor, and major Subcontractors. C Agenda: 1. Distribution of Contract Documents. 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, rind 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 cool dination with other contractors. 8. Review of Subcontractors. 9. Appropriate agenda items listed in this Section, 1.06 "Site Mobilization Conference", when Preconstiuction Conference and Site Mobilization Conference are combined. 10. Procedures for testing. 11. Procedures for maintaining Project Record Documents. 12. Designation of the individual authorized to execute change documents and their responsibilities. 13. Discussion of requirements of a Trench Safety Program. 1.06 SITE MOBILIZATION CONFERENCE A When required by Section 01100 — Summary of Work, Engineer will schedule a Site Mobilization Conference at the Project Site prior to Contractor occupancy. B Attendance Required: Engineer representatives, Consultants, Contractor's Superintendent, and major Subcontractors. C Agenda: 1. Use of premises by Owner and Contractor 2. Safety and first aid procedures 3. Construction cont►ols provided by Owner 4. Temporary utilities 5. Survey and layout 6. Security and housekeeping procedures 1.07 PROGRESS MEETINGS 02/2008 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. 01310-2of3 CITY OF PLARI.AND 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 Information, Requests for Proposal. 7 Review status of Change Orders. 8 Review of off -site fabrication and delivery schedules. 9 Maintenance of updates to Consti uction 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. Othei items relating to the Work. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01310 - 3 of 3 CITY OF PEARLANU SUBMITTALS Section 01350 SUBMITTALS 1.0 GENERAL This Section contains general lists of Submittals and Technical Specifications that may be required for the Work. When Submittals are required elsewhere in these Technical Specifications, refer to this Section for Submittal requirements and procedures. 1.01 SECTION INCLUDES A Submittal procedures for: 1. Schedule of Values 2. Construction Schedules 3. Shop Drawings, Product Data, and Samples 4. Operations and Maintenance Data 5. Manufacturer s Certificates 6. Consti uction Photographs 7. Project Record Documents 8. Design Mixes B References to the following Technical Specifications: 1. Section 01310 — Coordination & Meetings 2. Section 01630 — Product Options & Substitutions 3. Section 01100 — Summary of Work 4. Section 01380 — Construction Photographs 5. Section 01760 — Project Record Documents 6. Section 02530 — Gravity Sanitary Sewers 1.02 SUBMITTAL PROCEDURES A Scheduling and Handling 1. Schedule Submittals well in advance of the need for material or equipment for construction. Allow time to make delivery of material or equipment after Submittal is approved. 2. Develop a Submittal Schedule that allows sufficient time for initial review, correction, resubmission and find ieview of all submittals. The Engineer will review and retur n submittals to the Contractor as expeditiously as possible but the amount of time requhed for ieview will vary depending on the complexity and quantity of data submitted. In no case will i Submittal Schedule be acceptable which allows less than 30 days for initial ieview by the Engineer. This time for review shall in no way be justification for delays or additional compensation to the Contractor. 3. The Engineer's review of submittals covers conformity to the Plans, Technical Specifications, and dimensions which affect the layout. The Contractor is responsible for quantity determination. The Contractor is responsible for any errors, omissions or deviations from the Contract requirements; ieview of 01/2008 01350 - 1 of 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 incoipoiated into the Woik or included in Applications for Payment until approval has been obtained in the specified manner. B Transmittal Form and Numbering 1. Transmit each submittal to the Engineer with a transmittal form. 2. Sequentially number each transmittal form beginning with the number 1. Re - Submittals shall use the original number with an alphabetic suffix (i.e., 2A for first Re -Submittal of Submittal 2 or 15C for third Re -Submittal of Submittal 15) Each submittal shall only contain one type of work, material, or equipment. Mixed submittals will not be accepted. 3. Identify variations from requirements of Contract Documents and identify product or system limitations. 4. For submittal numbering of video tapes, see this Section, 1.10 "Video". C Contractor's Certification 1. Each submittal shall contain a statement or stamp signed by the Contractor, certifying that the items have been reviewed in detail and are correct and in accordance with Contract Documents, except as noted by any requested variance. 1.03 SCHEDULE OF VALUES A Submit a Schedule of Values at least 10 days prior to the first Application for Payment. A Schedule of Values shall be provided for each of the items indicated as Lump Sum (LS) in Section 00300 — Bid Proposal for which the Contractor requests to receive Progress Payments. B Schedule of Values shall be typewritten on 8-1/2" x 11", plain bond, white paper. Use the Table of Contents of this Project Manual as a format for listing costs of Work by Section. C Round off figures for each listed item to the nearest $100.00 except for the value of one item, if necessary, to make the total price for all items listed in the Schedule of Values equal to the applicable Lump Sum in Section 00300 — Bid Proposal. D For Unit Price Contracts, items should include a proportional shale of Contractor's overhead and profit, such that the total of all items listed in the Schedule of Values equals the Contract amount. Foi Stipulated Price Contracts, Mobilization, Bonds, and Insurance may be listed as separate items in the Schedule of Values. O1/2008 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 ire required, include a separate item for equipment Operation and Maintenance D'ita Submittals and ri separate item for Submittals of equipment Testing, Adjusting and Balancing Repoits, each valued at five (5) percent of the Lump Sum. Revise the Schedule of Values and resubmit for items affected by contract modifications, Change Orders, and Work Change Directives. Submit revised Schedule of Values 10 days prior to the first Application for Payment after the changes are approved by the Engineer. 1.04 CONSTRUCTION SCHEDULES A Submit Construction Schedules for the Work in 'accordance with the requirements of this Section. The Consti uction Schedule Submittal shall be, at a nmlimum, a bar chart, (computer generated or prepared manually) and a narrative report. B During the Preconstruction Meeting, as noted in Section 01310 - Coordination and Meetings, the Contractor shall provide a sample of the format to be used for the Construction Schedule Submittal. The format is subject to approval by the Engineer. Review of the Submittal will be provided within 7 days of the Submittal of the sample. C Within 7 days of the receipt of approval of the Contractor's. format, or 14 days of the Notice to Proceed, whichever is later, the Contractor shall submit a proposed Construction Schedule for review. The Construction Schedule Submittal shall meet the following requirements: l . The Construction Schedule shall usually include a total of at least 20 but not more than 50 activities. Fewer activities may be accepted if approved by the Engineer. 2, For Projects with work at different physical locations, each location should be indicated separately within the Construction Schedule. 3. For projects with multiple crafts or significant subcontractor components, these elements should be indicated separately within the Construction Schedule. 4.. For Projects with multiple types of tasks within the scope, these types of work should be indicated separately within the Construction Schedule. 5. For Projects with significant major equipment items or materials worth over 25 percent of the Total Contract Price, the Construction Schedule shall indicate dates when these items are to be purchased, when they are to be delivered, and when installed. 6. For Projects where operating plants are involved, each period of work which will require the shut down of any process or operation shall be identified in the Construction Schedule and must be agreed to by the Engineer prior to starting work in the area 7. A Billing Schedule (tabulation of the estimated monthly billings) for the Work shall be prepared and submitted by the Contractor with the first Construction Schedule. This information is not required in the monthly updates unless significant changes in Work require re -submittal of the Construction Schedule for review. The total for each month and a cumulative total will be indicated. 01 /2008 01350 - 3 of 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 Actu it 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 Consti uction Schedule shall bx the same Date as is used in the monthly Application for Payment. This monthly update of the Construction Schedule shall be required before the monthly Application for Payment will be processed for payment. G The narrative Construction Schedule Report shall include a description of changes made to the Construction Schedule; Activities Added to the Construction Schedule; Activities Deleted from the Construction Schedule; any other changes made to the Consti uction 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. An angement 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. ct. 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 stand ird, 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 applic tble iefeience standard. 6. For products proposed as alternates to Approved Products, refer to Section 01630 -Product Options and Substitutions, 1.04 "Selection Options" and 1.07 Substitution Procedures". 7. For products that are neither Pre -Approved, Approved, specified only by reference standard, nor proposed as alternates, submit product description, trade name manufacturer, and supplier. Contractor shall provide additional information upon written request by Engineer or Owner. C Samples 1. Submit samples for review as required by the Technical Specification. 2. Contractor's Certification, as described in this Section, 1.02 `Submittal Procedures", shall be placed on each sample or a firmly attached sheet of paper. 3. Submit the number of samples specified in the Technical Specification; one of which will be retained by the Engineer. 4. Reviewed samples which may be used in the Work are identified in the Technical Specifications. 1.06 OPERATIONS AND MAINTENANCE DATA A When specified in Technical Specification, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, operation, adjusting, finishing, and maintenance. B Contractor's Certification, as described in this Section. 1.02 "Submittal Procedures", shall be placed on front page of each document. C Identify conflicts between manufacturers' instructions and Contract Documents. 1.07 MANUFACTURER'S CERTIFICATES A When specified in Technical Specification, submit manufacturers' certificate of compliance for review by Engineer. B Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures", shall be placed on front page of the certificate. 01/2008 01350-5of6 CITY OF PEARLAND SUBMITTALS C Submit supporting reference data, affidavits, and certifications as appropriate. D Manufacturer's Certificates may be recent or previous test results on material or product, but must be acceptable to Engineer. 1.08 CONSTRUCTION PHOTOGRAPHS A Submit photographs in accordance with Section 01380 — Construction Photographs. 1. Prints: Piepare 2 prints of each view and submit 1 print directly to the City's Representative within 7 days of taking photographs. One print shall be retained by the Contractor and made available at all tines for reference on the job site B PRECONSTRUCTION PHOTOGRAPHS: 1. Prior to the commencement of any construction, take digital color photographs on the entire route of the project 2. Photographs: Two prints, color, matte finish; 3 x 5 inch size, mounted on 8/2 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 by a label on the mountings.) 4. Photographs should show the condition of the following a. Esplanades and boulevards b. Yards (near, side and far side of street) c. Housewalk, sidewalk and driveway; curb d. Area between walk and curb 1) Particular features(yard lights, shrubs, fences, trees, etc.) 2) Landscaping and decorative features. C POST CONSTRUCTION PHOTOGRAPHS 1. On completion of construction, provide photographs of any public or private property which has been repaired or restored and any damage which is or may .be the subject of complaints. 1.09 PROJECT RECORD DOCUMENTS A Submit Project Record Documents in accordance with Section 01760— Project Record Documents. 1.10 VIDEO A Submit television video in DVD format as required in individual Technical Specifications. B Transmittal forms for video disks shall be numbered sequentially beginning with T01, T02, T03, etc. 01/2008 01350 - 6 of 6 CITY OF PEARLAND SUBMITTALS 1.1.1 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. Maintain a copy of approved design mixes at mixing plant. 2.0 PRODUCTS Not Used 3.0 EXECUTION Not Used END OF SECTION 01/2008 01350-7of6 CITY OF PEARLAND CONSTRUCTION PHOTOGRAPHS 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 Manage► 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 shall submit extra prints of photographs, for distribution directly to designated parties who will pay the costs for the extra prints directly to the photogi apher. 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 C1TY OF YEARLAND CONSTRUCTION PHOTOGRAPHS 1.04 QUALITY ASSURANCE A Contractor shall be responsible foi 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 photogr'tph, 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 used). 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 OF PEARLAND CONSTRUCTION PHOTOGRAPHS 3.02 POST -CONSTRUCTION PHOTOGRAPHS A Following the completion of the Work, 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 foi Payment S Select the vantage points for each shot each month to best show the status of construction and progress since the list photographs were tlken. 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 1.0 GENERAL Section 01420 REFIERENCED STANDARDS 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 mole rigid requirements are specified of 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 AI A1TC American Concrete Institute P.O. Box 19150 Refold Station Detroit, MI 48219-0150 Associated General Contractors of America 1957 E Street N.W. Washington, DC 20006 Asphalt Institute Asphalt Institute Building College Palk MD 20740 American Institute of Timber Construction 333 W. Hampden Avenue Englewood, CO 80110 02/2008 01420 - 1 of 5 CITY OF PEARLAND REFERENCED STANDARDS AISC AISI ASME ANSI APA API AREA American Institute of Steel Construction 400 North Michigan Avenue, Eighth Floor Chicago, IL 60611 American Iron and Steel Institute 1000 16th Street, N.W. Washington, DC 20036 American Society of Mechanical Fngineers 345 East 47th Stieet New York, NY 10017 American National Standards Institute 1430 Bro idway New York, NY 10018 American Plywood Association Box 11700 Tacoma, WA 98411 American Petroleum Institute 1220 L Street, N.W. Washington, DC 20005 American Railway Engineering Association 50 F Street, N.W. Washington DC 20001 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia PA 19103 AWPA American Wood -Preservers' Association 7735 Old Georgetown Road Bethesda, MD 20014 AWS American Welding Society P.O. Box 35104 Miami, FL 33135 AWWA American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 02/2008 01420 - 2 of 5 CITY OF PEARLAND REFERENCED STANDARDS CLFMI Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue, N.W. Washington, DC 20036 CRD U.S.A. Corps of Engineers CRS1 EJMA FDA FS ICEA IEEE Code of Ordinances City of Pearland 3519 Liberty Di ive Pearland, TX 77581 Concrete Reinforcing Steel Institute 933 Plum Grove Ro'rd Schaumburg, IL 60173-4758 Expansion Joint Manufacturers Association 707 Westchester Avenue White Plains, NY 10604 U.S. Food and Drug Administration 5600 Fisher Lane Rockville, MD 20857-0001 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 Line P.O. Box 1331 Piscataway, NJ 0855-1331 MIL Military Specifications General Services Administration, Specifications Unit (WFSIS) 7th and D Street S.W. Washington, DC 20406 NACE National Association of Corrosion Engineers P. O. Box 986 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 OSHA PCA PCI SDI SSPC National Fire Protection Association Batterymirch Park, P.O. Box 9101 Quincy, MA 02269-9101 Occupational Safety Health Administration U.S. Department of Laboi Government Printing Office Washington, DC 20402 Portland Cement Association 5420 Old Orchard Road Skokie, IL 60077-1083 Piestressed 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 TCEQ Texas Commission on Environmental Quality P. O. Box 13087 Austin, TX 7871 1 -3087 TxDOT Texas Department of Transpoitation 125 East llth Stieet Austin, TX 78701 2483 Texas MUTCD Texas Manual on Uniform Traffic Control Devices (2003 Adoption) (published by Texas Department of Transportation) UL Underwriters' Laboratories, Inc. 333 Pfingston Road Northbrook, IL 60062 UNI-BELL UNI-BELL Pipe Association 2655 Villa Creek Drive, Suite 155 02/2008 01420 - 4 of 5 CITY OF PEARLAND REFERENCED STANDARDS Dallas, TX 75234 WRI Wire Reinforcement Institute 942 Main Street — Suite 300 Hartford, CT 06103 WWD/PI Water Well Drillers and Pump Instillers Advisory Council Texas Dept tment 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 1.0 GENERAL CONTRACTOR'S QUALITY CONTROL Section 01430 CONTRACTOR'S QUALITY CONTROL 1.01 SECTION INCLUDES A Quality assurance and control of installation and manufacturer's field services and reports. B References to Technical Specifications: 1. Section 01350 — Submittals 1.02 SUB \'IITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 QUALITY ASSURANCE/CONTROL OF INSTALLATION A Monitor quality control over suppliers, manufacturers, products, services, site conditions and workmanship, to produce the Work of specified quality at no additional cost to the Owner. B Comply fully with manufacturers' installation instructions, including each step in sequence. C Request clarification from Project Manager before proceeding should manufacturers' instructions conflict with Contract Documents. D Comply with specified Standards as minimum requirements for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E Perform work by persons qualified to produce the specified level of workmanship. F Obtain copies of Standards and maintain at Project Site when required by individual Technical Specifications. 1.04 MANUFACTURERS' FIELD SERVICES AND REPORTS A When specified in individual Technical Specifications, provide material or product suppliers' or manufacturers' technical representative to observe site conditions conditions of surfaces and installation, quality of workmanship, start-up of equipment operator training, test, adjust, and balance of equipment as applicable, and to initiate operation, as required. Conform to minimum time requirements for start-up operations and operator training if defined in Technical Specifications. 02/2008 01430 - 1 of 2 CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL B At the Project Manager's request, submit qualifications of manufacturer's representative to Project Manager fifteen (15) days in advance of required 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 o1 instillers that are supplemental of contrary to manufacturers' written instructions. Submit report within one (1) day of observation to Project Manager for review. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION • 02/2008 01430 - 2 of 2 CITY OF PEARLAND OBSERVATION SERVICES Section 01440 OBSERVATION SERVICES 1.0 GENERAL 1.01 SECTION INCLUDES A Observation services and references. 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. 1.03 INSPECTION A Project Manager will appoint an Observer as •i 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 - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 09/2009 01440 - 1 of 1 CITY OF PEARLAND TESTING LABORATORY SERVICES Section 01450 TESTING LABORATORY SERVICES 1.0 GENERAL 1.01 SECTION INCLUDES A Testing Laboratory Services and Contractor responsibilities related to those services. B References to Technical Specifications: l . Section 01350 — Submittals C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 3740, ' Practice foi Evaluation of Agencies Fngaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction" b. ASTM E 329, "Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials as Used in Construction" 1.02 SELECTION AND PAYMENT A Owner will select, employ, and pay for services of an independent testing laboratory to perform inspection and testing Identified in individual Techmcal Specifications. B Employment of testing laboratory shall not relieve Contractor of obligation.to perform work in accordance with requirements of Contract Documents C Owner or designated representative shall schedule and monitor testing as required to provide timely results and to avoid delay to the Work. • D Contractor shall be responsible for paying for services of commercial testing laboratory, with plior approval of Owner, to perform the following: 1. Pipe diameter deflection tests on all flexible and semi -rigid sanitary sewer collection system pipe installation 2. Laboratory services required to establish mix design proposed for use for Portland cement concrete, asphaltic concrete mixtures and other material mixes requiring control by testing laboratory when required because of change in source of materials or other conditions not caused by Owner. 3. Tests required to establish optimum moisture of earth and base materials and to determine required compactive effort to meet density requirements. 4. Cores to test for thickness. 5. Testing and inspection performed for the Contractor's convenience. 6. Retesting and repetitions of laboratory services when initial tests indicate work does not comply with requirements of Contract Documents. 04/2008 01450 - 1 of 3 CITY OF PEARLAND TESTING LABORATORY SERVICES 1.03 LABORATORY REPORTS A The Engineer will receive 1 copy, the Project M wager will receive 2 copies, and the Contractor will receive 2 copies of Laboratory Reports fiom the testing laboratory. One of the Contractor's copies shall remain at the Project Site for duration of Project. Test results which indicate non-conformance shall be transmitted immediately via fax from the testing laboratory to the Contractor and Project Manager. 1.04 LIMITS ON TESTING LABORATORY AUTHORITY A Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. t3 Laboratory may not approve or accept any portion of the Work. C Laboratory may not assume any duties of Contractor. D Laboratory has no authority to stop the Work. 1.05 CONTRACTOR RESPONSIBILITIES A Notify Project Manager and laboratory 24 hours prior to expected time for operations requiring inspection and testing services. Notify Engineer if specification section requires the presence of the Engineer. B Cooperate with laboratory personnel in collecting samples to be tested or collected on Project Site. C Provide access to the Work and to manufacturer's facilities. D Provide samples to laboratory in advance of their intended use to allow thorough examination and testing. E Provide incidental labor and facilities for access to the Work to be tested; to obtain and handle samples at the site or at source of products to be tested; and to facilitate tests and inspections including storage and curing of test samples. F Arrange with laboratory and pay for: L Retesting required foi failed tests. 2. Retesting foi nonconforming Work. 3. Additional sampling and tests requested by Contractor for his own purposes. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION 04/2008 01450 - 2 of 3 CITY OF PEARLAND TESTING LABORATORY SERVICES 3.01 CONDUCTING TESTING A Laboratory sampling and testing shall conform to ASTM D 3740 and ASTM E 329, as well as other test standards specified in individual Technical Specifications. END OF SECTION 04/2008 01450 - 3 of 3 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Section 01500 TEMPORARY FACILITIES AND CONTROLS 1.0 GENERAL 1.01 SECTION INCLUDES A Temporary facilities and the necessary controls for the Work including utilities, safety requirements, first aid equipment, fire protection, security measui es, protection o f the Work and property, access roads and parking, environmental controls, disposal o f trash, debris, and excavated material, pest and rodent control, water runoff and e rosion control. B 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 D Definitions: Underground Structures - sewer, water, gas, and other piping, and manholes, chambers, electrical and signal conduits, tunnels, and other existing subsurface installations located within or adjacent to the limits of the Work. Surface Structures - existing buildings, structures and other constructed installations above the ground surface Included with such structures are their foundations or any extension below the surface. Surface structures include, but are not limited to buildings, tanks, walls, bridges, roads, dams, channels, open drainage, piping, poles, wires, posts signs., markers, curbs, walks, guard cables, fencing, and other facilities that are visible above the ground surface. 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 08 2011 01500 - 1 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.04 CONTRACTOR'S RESPONSIBILITY A The facilities and controls specified in this Section are considered minimum for the Work. The Contractor may provide additional facilities and controls for the proper execution of the Work and to meet Contractor's responsibilities for protection of persons and property. B Comply with applicable requirements specified in other Technical Specifications. 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/ air conditioning, high speed internet access and other utility services necessary for execution, completion, testing, and initial operation of the Work. B Water Provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices, or for other use as required for proper completion of the Work. For water to be drawn from public fire hydrants obtain special permit or License and meter from the proper City officials. A deposit based on rates established by latest ordinance will be required Install backflow preventer on file hydrant supply. Provide and maintain an adequate supply of potable water for domestic consumption by Contractor, Owner, and Owner's Representative personnel, 082011 01500-2of10 CITY OFPEARLAND TEMPORARY FACILITIES AN1) CONTROLS C Electricity and Lighting Provide electric power service as required for the Work, including testing of Work. Provide power for lighting, operation of the Contractor s equipment, or for any other use by Contractor. Electric power service includes temporary power service or generator to maintain plant operations during any scheduled shutdown. Minimum lighting level shall be 5 foot-candles for open areas; 10 foot-candles for stairs and shops. D Temporary Heat and Ventilation Provide temporary heat as necessary for protection or completion of the Worlc. Provide temporary heat and ventilation to assure safe working conditions; maintain enclosed areas at a minimum of 50 degrees F. E Telephone and Internet Access Provide emergency telephone service at the Project Site for use by Contractor personnel and others performing work or furnishing services. Provide and pay for high speed internet access for use by Construction Manager and Project inspection personnel as well as CONTRACTOR'S own supervisory and management personnel. Sanitary Facilities Provide and maintain sanitary facilities for persons on the Project Site, in compliance with federal, state, and local regulations Locate toilets on the Project Site near the work and secluded from view insofar as possible. Keep toilets clean and supplied throughout the course of the Work. Enforce the use of sanitary facilities by construction personnel at the Project Site. Such facilities shall be enclosed. Pit -type toilets will not be permitted. No discharge will be allowed from these facilities. Collect and store sewage and waste so as not to cause a nuisance or health problem; have sewage and waste hauled off -site and properly disposed in accordance with local regulations. Control areas where sanitary facilities are located in conformance with Section 01566 — Source Controls for Erosion & Sedimentation. G Furnishings Field Office shall be appointed so as to accommodate CONTRACTOR'S field management staff and OWNER'S Construction Manager and Field Inspectors. Field office shall provide a separate locking work ` office" area for the Construction Manager complete with desk top work surface and a minimum of two office chairs. Work area shall provide private access to high speed internet access. Provisions shall be made to accommodate regularly scheduled progress meetings for project management members from CONTRACTOR, OWNER, 082011 01500-3of10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS CONSTRUCTION MANAGER and INSPECTOR(S). Such provisions shall include a meeting room large enough to support a meeting table and seating for up to ten people. 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 piactices. 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 piactice. 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 Occupritional Safety and Health Act of 1970, and to any other legislation enacted for safety and health of Contiactor employees. Such safety and health standards apply to subcontractors and their employees as well as to the Contiactor and its employees. D Observance of and compliance with the regulations shall be solely and without qualification the responsibility of the Contractor without reliance of superintendence of or direction by the Engineer of the F ngineei's i epi esentative. Immediately advise the Engineer of investigation or inspection by Federal Safety and Health inspectors of the Contractor or subcontractor's work or place of work on the Project Site under this Contract, and after such investigation or inspection, advise the Engineer of the results. Submit one copy of accident reports to Engineer within ten (10) days of occurrence. E Protect areas occupied by workmen using the best available devices for detection of lethal and combustible gases. Test such devices fi equently 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. 082011 01500 - 4 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 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. Conform 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 Constiuction 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. C. Fire Prevention and Safety Measures. Prohibit smoking in hazardous areas. Post suitable warning signs in areas that are continuously or intermittently hazardous. Use metal safety containers for storage and handling of flammable and combustible liquids Do not store flammable or combustible liquids in or near stairways or exits. Maintain clear exits from all points within a structure. 1.10 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. 082011 - 01500-5of10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 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: 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. Provide suitable storage for materials that are subject to damage by exposure to weather, theft, breakage, or otherwise. Place upon the Work or any part thereof only such loads as are consistent with the safety of that portion of the Work. Frequently clean up refuse, rubbish, scrap materials, and debris caused by construction operations, keeping the Work safe and orderly. Provide safe barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways, and other hazardous areas. Obtain written consent from proper parties before entering or occupying with workers tools, materials or equipment, privately owned land except on easements provided for construction. Assume full responsibility for the preservation of public and private property on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission neglect, or misconduct in execution of the Work by the Contractor, it shall be restored by the Contractor to a condition equal to or better than that existing before the damage was done. B Barricades and Warning Signals. Where Work is performed on or adjacent to any roadway, right-of-way, or public place, furnish and erect barricades, fences, lights, warning signs, and danger signals; provide watchmen; and take other precautionary measures for the protection of persons or property and protection of the Work. Conform to Section 01555 — Traffic Control & Revilation. 08 2011 01500 - 6 of 10 CITY OFPEA RLAND TEMPORARY FACILITIES AND CONTROLS 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 Ptotection. Protection of Underground and Surface Structures Known underground structures, including water, sewer, electric, and telephone services are shown on the Plans in accordance with the best information available, but is not guaranteed to be correct or complete. Contractor is responsible for making Locate Calls. Explore ahead of trenching and excavation work and uncover obstructing underground structures sufficiently to determine their location, to prevent damage to them and to prevent interruption of utility services. Restore to original condition damages to underground structure at no additional cost to the Owner. Immediately notify the agency or company owning any existing utility which is damaged, broken, or disturbed. Obtain approval from the Engineer and agency for any repairs or relocations, either temporary or permanent. Necessary changes in location of the Work may be made by the Engineer to avoid unanticipated underground structures. If permanent relocation of an underground structure or other subsurface installations is required and not otherwise provided for in the Contract Documents, the Engineer will direct Contractor in writing to perform the Work, which shall be paid for under the provisions for changes in the Contract Price as described in Section 00700 — General Conditions of Agreement. Support in place and protect fr om direct or indirect injury to underground and surface struchaes 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 appan ed by the owner of the structure. Avoid moving or in any way changing the property of public utilities or private service corporations without prior written consent of a responsible official of that service or public utility. Representatives of these utilities reserve the right to enter within the limits of this project for the purpose of maintaining their properties, or of making such changes or repairs to their property that may be considered necessary by performance of this Contract. Notify the owners and/or operators of utilities and pipelines of the nature of construction operations to be performed and the date or dates on which those 08 2011 01500 - 7 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS operations will be performed. When construction operations are required in the immediate vicinity of existing structures, pipelines or utilities, give a minimum of five (5) working days advance notice. Probe and flag the location of under ground 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 Woik to any structure. Immediately repair damage caused, to the satisfaction of the owner of the damaged structure. 1.13 PRTECTION 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 construction 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. 08 2011 01500 - 8 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 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. Provide, install and maintain storm water runoff control including but not limited to temporary construction entrances, silt fencing, etc. as specified in Contract Documents. Provide standard landscape maintenance of temporary facilities, including but not limited to* maintenance of lawns, vegetation and, if necessary irrigation of landscape plantings. Mow and otherwise maintain all areas under Contractor's conti of or use in proximity of the work or temporary facilities. 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. 1.16 POLLUTION CONTROL A Provide methods, means, and facilities required to prevent contamination of soil, ater or atmosphere by discharge of noxious substances from construction operations. B Provide equipment and personnel to perform emergency measures required to contain 'iny 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. 08 2011 01500 - 9 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 1.18 NOISE CONTROL A Provide vehicles, equipment, and construction activities that minimize noise to the greatest degree practicable. Noise levels shall conform to OSHA Standards - 29 CFR and in no case will noise levels be permitted which create a nuisance in the surrounding neighborhoods. B Conduct construction operations during daylight hours from 7:30 a.m. to 6:00 p.m. except as appi oved by Engineer. C Comply with Chapter 19 NOISE, Codes of Ordinances, City of Pearland, Texas. 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 Work, the Project Site, or adjoining properties in accordance with Section 01564 Control of Ground Water & Surface Water and Section 01566 — Source Controls for Eiosion & 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 - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 08 2011 01500 - 10 of 10 CITY OF PEARLAND MOBILIZATION Section 01505 MOBILIZATION 1.0 GENERAL 1.01 SECTION INCLUDES Mobilization of construction equipment and facilities onto the Work. Referenced Standards: Texas Department of Transportation (TxDOT) Texas Manual on Uniform Traffic Control Devices (Texas MUTCD) 1.02 MEASUREMENT AND PAYMENT Measurement for Mobilization is on a Lump Sum basis. Include 50 percent of the cost of Mobilization in the fiist monthly Application for Payment. Payment is subject to the receipt and approval by Engineer of the following items, as applicable: Schedule of Values (Section 01350 Submittals) Trench Safety Program, if required (Section 01570 — Trench Safety System) Construction Schedule (Section 01350 — Submittals) Pre -construction Photographs (Section 01380 — Construction Photographs) Installation and acceptance of Project Identification Sign(s) if required Installation and acceptance of Field Office and furnishings as defined in Section 01500. except as required by Section 00800.S pee ial Cond. tions of he Avreemen_t. including electrical power, water, parking areas and street access, telephone and inteinet services Delivery and acceptance of Computer equipment as defined in Section 13730 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. Mobilization payments will be subject to Retainage as stipulated in Section 00700 - General Conditions of Agreement. 2.0 PRODUCTS 2.01 PROJECT IDENTIFICATION SIGNS A Provide specified number of project identification sign(s) per Section 01580 The name, address and contact information of the general contractor for the project shall be shown on the sign per Section 01580 and the attached exhibit. 2.02 TEMPORARY FIFLD OFFICE 2.03 A provide temporary field office facilities per section 01500. Field office shall be identified as the contractor's office for field operations by signage and contractor shall provide legal and safe access to and from the closest paved street and all weather parking 07/2006 01505 - 1 of 2 CITY OF PEARLAND MOBILIZATION surface adequate for the intended numbers of occupants and uses as specified herein. Field office shall be provisioned and appointed per sections 00200 and 01500. Computer equipment Provide required computer per Section 13730 and Section 00800, Special Conditions of the Agreement. Computer equipment shall be delivered to the OWNER'S CONSTRUCTION MANAGER or INSPECTOR as designated for payment of initial 50%. 3.0 EXECUTION 3.01 PLACEMENT OF PROJECT TEMPORARY FACILITIES A Place a Project Identification Sign as described in Section 01580, part 1.03, D visible to passing traffic or as directed by Engineer. B Locate Temporary Field Office and ancillary facilities per Section 01500 and with ENGINEER'S and OWNER'S approval. Make submittal on location in Pre -Construction Meeting. END OF SECTION 07/2006 01505 - 2 of 2 CITY OF PEARLAND 1.0 GENERAL STABILIZED CONSTRUCTION EXITS Section 01550 STABILIZED CONSTRUCTION EXITS 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 — Souice Controls for Erosion & Sedimentation C Referenced Standards: 1. American Society of Testing and Materials (ASTM) a. ASTM D 4632, "Standard Test Method foi 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". 2.0 PRODUCTS 2.01 GEOTEXTILE FABRIC A Provide woven or non -woven geotextile fabric made of either polypropylene, polyethylene, ethylene, or polyamide material. B By ASTM D 4632, geotextile fabric shall have a minimum grab strength of 270 psi any principal direction, and the equivalent opening size between 50 and 140. C Both the geotextile and threads shall be resistant to chemical attack, mildew, and rot and shall contain ultraviolet ray inhibitors and stabilizers to provide a minimum of 6 months of expected usable life at a temperature range of 0°F to 120°F. 02/2008 01550 - 1 of 4 CITY OF PEARLAND STABILIZED CONSTRUCTION EXITS D Representative Manufacturers: Mirafi, Inc., Or -Equal. 2.02 COARSE AGGREGATES A Coarse aggregate shall consist of crushed stone, gravel, concrete, crushed blast furnace slag, or a combination of these materials. Aggregate shall be composed of clean, hard, durable materials free from adherent coatings, salt, alk ili dirt, clay, loam, shale, soft or flaky materials, or organic and injurious matter. B Course aggregates shall conform to the following gradation requirements. Sieve Size (Square Mesh) 21" 2" 1r " 3/" No. 4 3.0 EXECUTION Percent Ret'iined (by Weight) 0 0-20 15-50 60-80 95 - 100 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 m 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 specificzlly directed by the Engineer to allow soil testing and surveying. C Maintain existing erosion and sediment control systems located within the Project Site until acceptance of the Work or until directed by the Engineer to remove and discard the existing system. D Regularly inspect and repair or replace components of stabilized construction exits. Unless otherwise directed, maintain them until the Work is accepted by the Owner. Remove stabilized construction exits promptly when directed by the Engineer Discard removed materials in accordance with Section 01562 — Waste Material Disposal. E Equipment and vehicles shall be prohibited by the Contractor from maneuvering on areas outside of dedicated rights -of -way and easements for construction. Damage caused by construction traffic to erosion and sediment control systems shall be repaired immediately. 02/2008 01550-2of4 CITY OF PEARLAND STABILIZED CONSTRUCTION EXITS F Conduct all construction operations under this Contract in conformance with the erosion control practices described in the Section 01566 - Source Controls for Erosion & Sedimentation. 3.02 CONSTRUCTION METHODS A Provide stabilized access roads, subdivision roads, parking areas, and other on -site vehicle transportation routes where shown on Plans. B Provide stabilized construction exits, and truck washing areas when approved by Engineer, of the sizes and locations where shown on Plans or as specified in this Section. C Vehicles leaving construction areas shall have their tires cleaned to remove sediment prior to entrance onto public right-of-way When washing is needed to remove sediment, Contractor shall construct a truck washing area. Truck washing shall be done on stabilized areas which drain into a drainage system protected by erosion and sediment control measures. D Details for Stabilized Construction Exits are shown on the Plans. Construction of all other stabilized areas shall be to the same requirements. Roadway width shall be at least 14 feet foi one-way ti affic and 20 feet for two-way traffic and shall be sufficient for all ingress and egress. Fw nish 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 'ueas. 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 di essing with addition i1 coarse aggregates to maintain the required depth Repzir 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 zuea shall be as shown on the Plans, but not less than 50 feet. The thickness shall not be less than 8 inches. The width shall not be less than full width of all points of ingress or egress. H Stabilization for other areas shall have the same coarse aggregate, thickness, and width requirements as the stabilized construction exit, except where shown otherwise on the Plans. I Stabilized area may be widened or lengthened to accommodate truck washing area when authorized by Engineer. 02/2008 01550 - 3 of 4 CITY OF PEARLAND STABILIZED CONSTRUCTION EXITS J Alternative methods of construction may be utilized when shown on Plans, or when approved by the Engineer. These methods include the following: 1. Cement -Stabilized Soil, Compacted cement -stabilized soil or other fill material in an application thickness of at least 8 inches. 2. Wood Mats/Mud M'its - Oak or other hardwood timbers placed edge -to - edge and across support wooden beams which are placed on top of existing soil in an application thickness of at least 6 inches. 3. Steel Mats - Perforated mats placed across perpendicular support members. END OF SECTION • 02/2008 01550 - 4 of 4 CITY OF PEAI?LAND 1.0 GENERAL TRAFFIC CONTROL AND REGULATION Section 01555 TRAFFIC CONTROL AND REGULATION 1.01 SECTION INCLUDES A Requirements for traffic control plans, signs, signals, control devices, flares, lights and traffic signals, as well as construction parking control, designated haul routes and bridging of trenches and excavations. B Requirements for and qualifications of Flaggers. C References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01140 — Contractor's Use of Premises D Referenced Standards: 1. Texas Manu'tl on Uniform Traffic Control Devices (Texas MUTCD) 1.02 MEASUREMENT AND PAYMENT A Traffic Control and Regulation. Measurement is on a Lump Sum basis for Traffic Control and Regulation, including submittal of a traffic control plan if different from the one provided on the Plans, provision of traffic control devices, and provision of equipment and personnel as necessary to protect the Work and the public. The amount invoiced shall be determined based on the Schedule of Values submitted for traffic control and regulation. B Flaggers. Measurement is on a Lump Sum basis for Flaggers as required for the Work. The amount invoiced shall be determined based on the Schedule of Values submitted for Flaggers. 1.03 SUBMITTALS • A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B A Traffic Control Plan responsive to the Texas MUTCD and sealed by a Registered Professional Engineer is incorporated into the Plans. If the Contractor proposes to implement traffic control different than the plan provided he shall submit a Traffic Control Plan in conformance with Texas MUTCD for approval of the Engineer. C For both the Traffic Control Plan and Flaggers' use, submit Schedules of Values within 30 days following the Notice to Proceed. D Each week submit a daily log for Flaggers listing name, badge number, time start, time finish, and hours worked. 03/2008 01555 - 1 of 4 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION 1.04 FLAGGERS 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 put pose 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 o1 personnel as the Contractor may deem necessary to protect the work and the public and does mot in any way relieve the Contractor of his responsibility for any damage for which he would otherwise be liable. Flaggers shall be used and maintained at such points for such periods of time as may be required to provide for the public safety and convenience of travel. 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 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 iuuthonties 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: l . 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. 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. 3.1)2 FLARES AND LIGHTS A Provide flares and lights during hours of low visibility to delineate traffic lanes and to guide traffic. 3.03 HAUL ROUTES A Utilize haul routes designated by Owner or shown on the Plans for construction traffic. B Confine construction traffic to designated haul routes. C Provide traffic control at critical areas of haul routes to regulate traffic and minimize interference with public traffic. D Contractor shall be responsible for any damage caused by vehicles utilizing haul routes. 3.04 TRAFFIC SIGNS AND SIGNALS A install traffic control devices at approaches to the site and on site, at crossroads, detours parking areas, and elsewhere as needed to direct construction and affected public traffic. B Relocate traffic signs and control devices as Work progresses to maintain effective traffic control. 3.05 BRIDGING TRENCHES AND EXCAVATIONS A Whenever necessary, bridge trenches and excavation to permit an unobstructed flow of traffic. 03/2008 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. Remove equipment and devices when no longer required. Repair damage caused by installation. Remove post settings to a depth of 2 feet. END OF SECTION B C 03/2008 • 01555-4of4 CITY OF PEARLAND FILTER FABRIC FENCE Section 01560 FILTER FABRIC FENCE 1.0 GENERAL 1.01 SECTION INCLUDES A Installation of filter fabric fence to control erosion and contain sediments and pollutants from overland flow. Filter fabric fence is not for use in channelized flow areas. Filter fabric fence may be reinforced. B References to Technical Specifications: 1. Section' 2. Section 3. Section 4. Section 01200 — Measurement & Payment Procedures 01350 — Submittals 01562 — Waste M aerial Disposal 01566 — Source Controls fot Erosion & Sedimentation C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 3786, `Standard Test Method for Hydraulic Bursting strength of Textile Fabrics' b. ASTM D 4632, "Standard Test Method for Grab Breaking Load and Hlongation of Geotextiles" 1.02 MEASURMENT AND PAYMENT A Filter fabric fence will be measured by the linear foot between the limits of the beginning and ending of wooden stakes. B Payment for filter fabric fence will include and be full compensation for all labor, equipment, materials, supervision, and all incidental expenses for construction of these items, complete in place including, but not limited to protection of trees, maintenance requirements, repair and replacement of damaged sections, removal of sediment deposits, and removal of erosion and sediment control systems at the end of construction. C Refer to Section 01200 — Measurement & Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Manufacturer's catalog sheets and other Product Data on geotextile fabric. 03/2008 01560 - 1 of 3 CITY OF PEARLAND FILTER FABRIC FENCE 2.0 PRODUCTS 2.01 FILTER FABRIC A Provide woven or nonwoven geotextile filter fabric made of either polypropylene, polyethylene, ethylene, or polyamide material. B By ASTM D 4632, geotextile fabric shall have a grab strength of 100 psi in any principal direction, a Mullen burst strength exceeding 200psi by ASTM - D3786, and the equivalent opening size between 50 and 140. C Filter fabric shall contain ultraviolet inhibitors and stabilizers to provide a minimum of 6 months of expected usable construction life at a temperature range of 0 degrees F to 120 degrees F. D Representative Manufacturer: Mirafi, Inc., or equal. 3.0 EXECUTION 3.01 PREPARATION AND INSTALLATION A Provide erosion and sediment control systems at the locations shown on Plans. Such systems shall be of the type indicated and shall be constructed in accordance with the requirements shown on the Plans and specified in this Section. B Erosion and sediment control measures shall be in place prior to the start of any Work that exposes the soil, other than as specifically directed by the Engineei to allow soil testing and surveying. C Regularly inspect and repair or replace damaged components of filter fabric fence as specified in this Section, 3.02F Unless otherwise directed, maintain the erosion and sediment control systems until the Work is accepted by the Owner. Remove erosion and sediment control systems promptly when directed by the Engineer. Discard removed materials in accordance with Section 01562 — Waste Material Disposal. D Conduct all construction operations under this Contract in conformance with the erosion control practices described in Section 01566 — Source Controls for Erosion & Sedimentation 3.02 CONSTRUCTION METHODS A Provide filter fabric fence systems in accordance with the Plan detail for Filter fabric fence. Filter fabric fence shall be installed in such a manner that surface runoff will percolate through the system in sheet flow fashion and allow sediment to be retained and accumulated. B Attach the filter fabric to 2-inch by 2-inch wooden stakes spaced a maximum of 3 feet apart and embedded a minimum of 8 inches. If filter fabric is factory preassembled 03/2008 01560 - 2 of 3 CITY OF PEARLAND FILTER FABRIC FENCE with support netting, then maximum spacing allowable is 8 feet. Install wooden stakes at a slight angle toward the source of Anticipated runoff. C Trench in the toe of the filter fabric fence with a spade or mechanical trencher as shown on the Plans. Lay filter fabric along the edges of the trench. Backfill and compact trench. D Filter fabric fence shall have a minimum height of 18 inches and a maximum height of 36 inches above natuizl ground. E Provide the filter fabric in continuous rolls and cut to the length of the fence to minimize the use of joints. When Joints are necessary, splice the Fabric together only at a support post with a minimum 6-inch overlap and seal securely. F Inspect filter fabric fence systems after each rainfall, daily during periods of prolonged rainfall, and at a minimum once each week. Repair or replace damaged sections immediately. Remove sediment deposits when silt leaches a depth one-third the height of the fence o1 6 inches, whichever is less. END OF SECTION • 03/2008 01560 - 3 of 3 CITY OF PEARLAND WASTE MATERIAL DISPOSAL Section 01562 WASTE MATERIAL DISPOSAL 1.0 GENERAL 1.01 SECTION INCLUDES A Disposal of waste material and salvageable material. B References to Technical Specifications: 1. Section 01350 — Submittals 2, Section 01566 — Source Controls for Erosion & Sedimentation 3. Section 01 600 — 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. Obtain and submit applicable permits for proposed disposal sites. C Submit a Waste Material Disposal Plan. D Submit a copy of written permission from property owners, along with a description of the property, prior to disposal of excess material adjacent to the Project Site. Submit a written and signed release from property owner upon completion of disposal work. City of Pearland requires individual fill placement permits for all fill placed within the City limits. 1.04 WASTE MATERIAL DISPOSAL PLAN A Contractor shall formulate and implement a plan for the collection and disposal of waste materials on the Project Site which includes the following informltion: 1. Schedule for collection and inspection. 2. Location of trash and waste receptacles. 3. Provisions for liquid waste and potential water pollutants material. B The plan shall comply with applicable federal, state, and local health and safety regulations and Section 01566 — Source Controls for Erosion & Sedimentation. 2.0 PRODUCTS - NotUsed 07/2006 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 of 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 arca, compacted and stabilized. Sediment shall not be allowed to flush into a stream or diainage way. D if sediment has been contaminated, it shall be disposed of in accordance with existing federal, state, and local rules and regulations. 3.03 EXCESS MATERIAL, WASTE, AND EQUIPMENT A Vegetation, rubble, broken concrete, debris, asphaltic concrete pavement, excess soil, and other materials not designated for salvage, shall become the property of Contractor and shall be removed from the Project Site and legally disposed of. B Dispose of removed equipment, materials, waste and debris in a manner conforming to applicable laws and regulations C Excess soil may be deposited on private property adjacent to the Project Site when written permission is obtained from property owner under the provisions of this Section, 1.03D. 07/2006 01562 - 2 of 3 CITY OF PEARLAND WASTE MATERIAL DISPOSAL D Verify the flood plain status of any proposed disposal site. Do not dispose of excavated materials in an area designated as within the 100-year Flood Hazard Area. E Waste materials shall be removed from the site on a daily basis, such that the site is maintained in a neat and orderly condition. F No materials shall be disposed in a manner to damage the Owner in any way. END OF SECTION • • 07/2006 01562 - 3 of 3 CITY OF YEARLAND 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 damage that could result from construction operations. B Prevent following types of damage: 1. Compaction of root zone by foot or vehicular traffic, or material storage. 2. Trunk damage from equipment operations, material storage, or from nailing or bolting. 3. Trunk and branch damage caused by ropes or guy wires or machine impacts. 4. Root poisoning from spilled solvents, gasoline, paint, and othei 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 piovide adequate watering. 7. Damage fiom alteration of soil pH factor caused by depositing Hine, 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 o1 Easement as described in SECTION 01140, CONTRACTOR'S USE OF PREMISES, Limits of Construction 1.04 DAMAGE ASSESSMENT A When trees, othei than those designated for removal, are destroyed or badly damaged as a result of construction operations, remove and replace with same size, species, and variety up to and including 8 inches in trunk diameter. Trees larger than 8 inches in diameter shall be replaced with an 8-inch diameter tree of the same species and variety and total contr'ict amount will be reduced by an amount determined from the following 01/2008 01563 - 1 of 4 CITY OF PEARLAIVD TREE AND PLANT PROTECTION International Shade Tree Conference formula: 0.7854 x D2 x $10.00 where D is diameter in inches of tree or shrub trunk measured 12 inches above glade. 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 cieosote. 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 pi otected 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 pilot 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 pwtially 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 form 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 of 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 01563-2of4 CITY OP 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 diametei mounted in rubber auto tiles filled with concrete. 4. Mount steel hog -wire on posts. I3 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 zdditional 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, tor 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 or CONTROL OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER Section 01564 CONTROL OF GROUND WATER AND SURFACE WATER 1.0 GENERAL 1.01 SECTION INCLUDES A DeNk atering, depressurizing, draining, and maintaining trench and structure excavations and foundation beds in dry and stable condition. B Protecting work against surface runoff and rising flood waters. C Disposing of removed water. D References to Technical Specifications: 1 Section 01200 — Measurement & Payment Procedures 2. Section 01 350 — Submittals 3. Section 01570 — Trench Safety Systems 4. Section 01565 — TPDES Requirements 5. Section 01566 — Source Controls for Erosion & Sedimentation E Referenced Standards: I . Occupational Safety and Health Administration (OSHA) 2. Texas Commission on Environmental Quality (TCEQ) 3. Code of Ordinances, City of Pearland, Texas 4. Water Well Drillers and Pump Installers Advisory Council (WWD/PI) F Definitions: 1. Ground Water Control Systems - installations external to the excavation such as well points, eductors, or deep wells. Ground water control includes dewatering and depressurization. a. Dewatering - lowering the water table and intercepting seepage which would other wise emerge from slopes or bottoms of excavations and disposing of removed water. The intent of dewatering is to increase stability of excavated slopes; prevent dislocation of material from slopes or bottoms of excavations; reduce lateral loads on sheeting and bracing; improve excavating and hauling characteristics of excavated material; prevent failure or heaving of the bottom of excavations; and to provide suitable conditions for placement of backfill materials and construction of structures and other installations. b. Depressurization - reduction in piezometric pressure within strata not controlled by dewatering alone, as required to prevent failure or heaving of excavation bottom. 2. Surface Water Control - diversion and drainage of surface water runoff and rain water away from the excavation. 3. Excavation Drainage - keeping excavations free of surface and seepage water. 02/2008 01564 - 1 of 8 CONTROL OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER 1.02 MEASUREMENT AND PAYMENT A Measurement for and control of ground water for open cut pipe excavations shall be on a linear foot basis and shall not exceed the length of open cut pipe installation in the area requiring ground water control. B Unless indicated as a Bid Item, no separate payment will be made for control of ground water for any condition(s) other than those described in this Section, 1.02A. No separate payment will be made for conti of of surface water. Include the cost to control non -pipe excavation ground water and surface water in price for Woik requiring such contt ols. C Refer to Section 01200 — Measurement & Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 02/2008 B Submit a Ground Water and Surface Water Control Plan for review by the Engineer prior to start of any field work. The plan shall be signed by a Professional Engineer registered in the State of Texas. The plan shall include the following: 1. Results of subsurface investigation and description of the extent and characteristics of water bearing layers subject to ground water control. 2. Names of equipment suppliers and installation subcontractors. 3. A description of proposed ground water control systems indicating arrangement, locution, depth and capacities of system components, installation details and criteria, and operation and maintenance procedures. 4. A description of proposed monitoring and control system indicating depths and locations of piezometers and monitoring wells, monitoring installation details and criteria, type of equipment and instrumentation with pertinent data and characteristics. 5. A description of proposed filters including types, sizes, capacities and manufacturer's application recommendations 6. Design calculations demonstrating adequacy of proposed systems for intended applications. Define potential area of influence of ground water control opeiation near contaminated areas. 7. Operating requirements, including piezometric control elevations for dewatei ing and depressurization. 8. Exc'tvation drainage methods including typical drainage layers, sump pump •application and other necessary means 9. Surface water control and drainage installations. 10. Proposed methods and locations for disposing of removed water. C Submit the following records upon completed initial installation: 1. Installation and development reports for well points, eductors, and deep wells. 01564-2of8 CONTROL OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER 2. installation reports and baseline readings for piezometers and monitoring wells. 3. Baseline analytical test data of water from monitoring wells. 4. Initial flow r ntes. D Submit the following records on a weekly basis during operations: 1. Records of flow rates and piezometrrc elevations obtained during monitoring of dewatering find depressurization. Refer to this Section, 3.02 "Requirements for Eductor, Well Points, of Deep Wells". 2. Maintenance records for ground water control installations, piezometers, and monitoring wells. E Submit the following records at end of the Work. Decommissioning (abandonment) reports for monitoring wells and piezometers installed by other during the design phase and left for Contractor's monitoring and use. 1.04 PERFORMANCE REQUIREMENTS A Conduct subsurface investigations to identify groundwater conditions and to provide parameters for design, installation, and operation of grolmdwatei control systems. B Design a ground water control system, compatible with the requirements of OSHA Standards - 29 CFR, Part 1926, and Section 01570 - Trench Safety Systems of these Technical Specifications, to produce the following results: 1. Effectively reduce the hydrostatic pressure affecting excavations. 2. Develop 1 substantially diy and stable subgrade for subsequent construction operations. 3. Preclude damage to adjacent properties, buildings, structures, utilities, installed f tcilities and other work. 4. Prevent the loss of fines, seepage, boils, quick condition, or softening of the foundation strata. 5. Maintain stability of sides and bottom of excavations. • C Ground water control systems may include single -stage or multiple -stage well point systems, eductor and ejector -type systems, deep wells, or combinations of these equipment types. D Provide di ainage of seepage water and surface water, as well as water from any other source entering the excavation Excavation drainage may include placement of drainage materials, such as crushed stone and filter fabric, together with sump pumping. E Provide ditches, berms, pumps and other methods necessary to divert and drain surface water from excavation and other work areas. F Locate ground water control and drainage systems so as not to interfere with utilities, construction operations, adjacent properties, or adjacent water wells. 02/2008 01564 - 3 of 8 CONTROL OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER G Assume sole responsibility for ground water control systems and for any loss or damage resulting from partial or complete failure of protective measures and any settlement or resultant damage caused by the ground water control operations. Modify ground water control systems or operations if they cause or threaten to cause damage to new construction existing site improvements, adjacent pi operty, or adjacent water wells, or affect potentially contaminated areas. Repair damage caused by ground water control systems oi resulting from failure of the system to protect property as required. H Provide an adequate number of piezometers installed at the proper locations and depths as required to provide meaningful observations of the conditions affecting the excavation, adjacent structures, and water wells. Provide environmental monitoring wells installed at the proper locations and depths as required to provide adequate obsery rtions of hydiostatic conditions and possible contaminant transport from contamination sources into the work area or into the ground water control system. 1 Decommission piezometers and monitoring wells installed during design phase studies and left for Contractors monitoring and use. 1.05 ENVIRONMENTAL REQUIREMENTS A Comply with requirements of agencies having jurisdiction. B Comply with TCEQ regulations and WWD/PI Advisory Council for development, drilling, and abandonment of wells used in dewatering system. C Obtain permit from TCEQ under the Texas Pollutant Discharge Elimination System (TPDES), for storm water discharge from construction sites. Refer to Section 01565 — TPDES, 3.02 "Certification Requirements". D Obtain all necessary permits from agencies with control over the use of groundwater and matters affecting well installation, water discharge, and use of existing storm drains and natural water sources. Because the review and permitting process may be lengthy, take early action to pursue and submit for the required approvals. E Monitor ground water discharge for contamination while performing pumping in the vicinity of potentially contaminated sites. F Implement control of ground and surface water under the provisions of Section 01566 — Source Controls for Erosion & Sedimentation. 2.0 PRODUCTS 2.01 EQUIPMENT AND MATERIALS A Equipment and materials are at the option of Contractor as necessary to achieve desired results tor dewatering. Selected equipment and materials are subject to review 02/2008 01564 - 4 of 8 CONTROL OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER of the Engineer through Submittals required in Section 01350 — Submittals, 1.06 "Operations and Maintenance Data". B Eductors, well points, or deep wells, where used, must be furnished, installed and operated by an experienced contractor regularly engaged in ground water control system design, installation, and operation. C Equipment and instrumentation for monitoring and control of the ground water control system includes piezometers and monitoring wells, and devices, such as flow meters, for observing and recording flow rates. D All equipment must be in good repair and operating order. Sufficient standby equipment and materials shall be kept available to ensure continuous operation, where required. 3.0 EXECUTION 3.01 GROUND WATER CONTROL A Perform a subsurface investigation by borings as necessary to identify water bearing layers, piezometric pressures, and soil parameters for design and installation of ground water control systems. Perform pump tests, if necessary to determine the drawdown characteristics of the water -bearing layers. The results shall be presented in the Ground Water and Surface Water Control Plan. Refer to this Section, 1.03B. B Provide labor, material, equipment, techniques and methods to lower, control and handle ground water in a manner compatible with construction methods and site conditions. Monitor effectiveness of the installed system and its effect on adjacent property. C Install, operate, and maintain ground water control systems in accordance with the Plan. Notify Engineer in writing of any changes made to accommodate field conditions and changes to the Work. Provide revised drawmgs and calculations with such notification. D Provide for continuous system operation including nights, weekends, and holidays. Arrange for appropriate backup if electrical power is primary energy source for dewatering system. E Monitoi operations to verify that the system lowers ground water piezometric levels at a rate required to maintain a dry excavation resulting in a stable subgiade for prosecution of subsequent operations. F Where hydrostatic pressures in confined water bearing layers exist below excavation, depressurize those zones to eliminate risk of uplift or other instability of excavation or installed works. Allowable piezometric elevations shall be defined in the Plan. 02/2008 01564 - 5 of 8 CONTROL OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER G Maintain water level below subgrade elevation. Do not allow levels to rise until foundation concrete has achieved design strength. H During backfilling, dewatering may be reduced to maintain water level a minimum of 5 feet below prevailing level of backfill. However, do not allow that water level to result in uplift pressures in excess of 80 percent of downward pressure produced by weight of structure or backfill in place. Do not allow water levels to rise into cement stabilized sand until at least 48 hour after placement. I Provide a uniform diameter for each pipe drain run constructed for dewatering. Remove pipe drain when it has served its purpose. If removal of pipe is impractical, provide grout connections at 50-foot intervals and fill pipe with cement-bentonite grout or cement -sand grout when pipe is removed from service. J Extent of construction ground water control for structures with a permanent perforated underground diainage system may be reduced, such as for units designed to withstand hydrostatic uplift pressure. Provide a means of draining the affected portion of underground system, including standby equipment. Maintain drainage system during operations and remove it when no longer required. K Remove system upon completion of construction or when dewatering and control of surface or ground water is no longer required. L Compact backfill as required by the Contract Documents. 3.02 REQUIREMENTS FOR EDUCTOR, WELL POINTS, OR DEEP WELLS A For aboveground piping in ground water control system, include a 12-inch minimum length of clear, transparent piping between every eductor well or well point and discharge header so that discharge from each installation can be visually monitored. B Install sufficient piezometers or monitoring wells, to show that all trench or shaft excavations in water bearing materials are predrained prior to excavation Provide separate piezometers for monitoring of dewatering and foi monitoring of depressurization. Install piezometers and monitoring wells for tunneling as appt opriate tot Contractor's selected method of work. C Install piezometers or monitoring wells not less than one week in advance of beginning the associated excavation. D Dewatering may be omitted for portions of underdrains or other excavations, but.only where auger borings and piezometers or monitoring wells show that soil is predrained by an existing system such that the criteria of the Ground Water and Surface Water Control Plan are satisfied. 02/2008 01564 6 of 8 CONTROL, OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER > Replace installations that produce noticeable amounts of sediments after development. F Provide additional ground water control installations or change the methods in the event that the installations according to the Ground Water and Surface Water Control Plan do not provide satisfactory results based on the performance criteria defined by the Plan and by this Section. Submit a revised Plan according to this Section, I.03A. G Mechanical dewatering equipment shall comply with Chapter 19 NOISE, Code of Ordinances, City of Pearland, Texas. 3.03 EXCAVATION DRAINAGE A Contractor may use excavation drainage methods if necessary to achieve well drained, stable trench conditions. The excavation drainage may consist of the following methods or combination of methods: 1. Sump pumping in combination with: a. Layer of crushed stone and filter fabric. b. Sand and gravel drains. 2. Wells for ground water control. B Use sump pumping and a drainage layer, as defined in ASTM D 2321, placed on the foundation beneath pipe bedding or thickened bedding layer of Class I material. 3.04 MAINTENANCE AND OBSERVATION A Conduct daily maintenance and observation of piezometers or monitoring wells while the ground water control installations or excavation drainage are operating in an area. Keep system in good operating condition. B Replace damaged and destroyed piezometers or monitoring wells with new piezometers or wells as necessary to meet observation schedule. C Cut off piezometers or monitoring wells in excavation areas where piping is exposed, only as necessary to perform observation as excavation proceeds. Continue to maintain and make observations, as specified. D Remove and grout piezometers inside or outside the excavation area when ground water control operations are complete. Remove and grout monitoring wells when directed by the Engineer. 3.05 MONITORING AND RECORDING A Monitor and record aver age flow rate of operation for each deep well, or for each wellpoint or eductor header used in dewatering system Also monitor and record water level and ground water recovery. These records shall be obtained daily until steady conditions are achieved, and twice weekly thereafter. 02/2008 01564 - 7 of 8 CONTROL OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER B Observe and record elevation of water level daily as long as ground water control system is in operation, and weekly thereafter until the Work is completed or piezometers or wells are removed, except when Engineer determines that more frequent monitoring and recording are required. Comply with Engineer's direction for mcieased monitoring and recording and take measures as necessary to ensure effective dewatering for intended purpose. 3.06 SURFACE WATER CONTROL A Intercept surface water and divert it away from excavations through use of dikes, ditches, curb walls, pipes, sumps or other approved means. The requitement includes temporary works required to piotect adjoining properties from surface drainage caused by construction operations. B Divert surface water and seepage water into sumps and pump it into drainage channels or storm drains, when approved by agencies having jurisdiction. Provide settling basins when required by such agencies. C Provide additional surface water control measures or change the methods in the event that the measures according to the Ground Water and Surface Watei Control Plan do not provide satisfactory results based on the performance criteria defined by the Plan and by this Section. Submit a revised Plan according to this Section, 1.03B. END OF SECTION 02/2008 01564 8 of 8 CITY OF PEARLAND TPDES REQUIREMENTS Section 01565 TPDES REQUIREMENTS 1.0 GENERAL 1.01 SECTION INCLUDES A Description of the required documentation to be prepared and signed by the Contractor before conducting construction operations, in accordance with the tei ms 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 •ind Section 26.040 of the Texas Watei 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 3.0 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 i eturned to the Owner. The Owner will complete the Owner's Notice of Intent attached in Appendix A and will submit both notices to the TCEQ Submission of the NOI is required by both the Owner and the Contractor before construction operations start. B Upon completion of construction and acceptance of the Work by the Owner, the Contractor shall complete, sign, and date the Contractor's Notice of Termination (NOT) attached in Appendix A. 3.02 CERTIFICATION REQUIREMENTS A On the Operator's Information form attached in Appendix A, the Contractor shall complete name, address, and telephone number for the Contractor; the names of persons or firms responsible for maintenance and inspection of erosion find sediment control measures and all Subcontractors. B The Owner will complete and sign the Owner's Certification, shown in Appendix A and provide a copy to the Contractor for inclusion with other project certification forms. C The Contractor and Subcontractors named in the Contractor's Information form shall read, sign, and date the Contractor's/Subcontractor's Certification form, attached in Appendix A. D The persons or firms responsible for maintenance and inspection of erosion and sediment control measures shall read, sign, and date the Contractor's Inspection and Maintenance Certification form, attached in Appendix A. E The Contractor's Information form and all certification forms shall be submitted to the Owner before beginning construction. F Contractor shall review implementation of the SWPPP in a meeting with the Owner and Engineer prior to start of construction in accordance with Section 01310 — Coordination & Meetings. 3.03 RETENTION OF RECORDS A The Contractor shall keep a copy of the SWPPP at the Project Site or at the Contractor's office horn 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 foams and certifications, as well as a copy of the SWPPP, in accordance with Section 01770 — 01/2008 01565 - 2 of 3 CITY OF PEARLAND TPDES REQUIREMENTS Contnct 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 fiom the date that this SWPPP goes into effect until the date the Work is accepted by the Owner: 1. Copies of the Notices o% Intent submitted by the Owner and Contractor and a briet 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, Ind 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 01565-3of3 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION Section 01566 SOURCE CONTROLS FOR EROSION AND SEDIMENTATION 1.0 GENERAL 1.01 SECTION INCLUDES A Descriptions of measures and practices, in response to TPDES General Permit TXR 150000, which shall be used on the Work to eliminate of 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 01.562 — Waste Material Disposal 3. Section 01500 — Temporary Facilities and Controls C Definitions: 1. Potential Water Pollutant - any substance that could potenti illy altei the physical, thei mal, 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 impaiis the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. 1.02 MEAUSREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION 3.01 PREPARATION AND INSTALLATION A Contractor shall conduct all construction operations under this Contract in conformance with the erosion control practices described in the Plans and this Technical Specification. B Erosion and sediment control measures shall be in place prior to the start of any Work that exposes the soil, other than as specifically directed by the Engineei 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. N, 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, st rte, and local rules and regulations. 3.02 EXPOSED SOIL A When soil is exposed as a result of clearing, grading, excavating, stockpiling, or other soil disturbing activities, the Contractor shall implement measures to effectively control erosion and prevent the escape of sediments from the Project Site. B Control measures may include the following practices: 1. Preserve existing vegetation to the extent possible. 2. Construct drainage swales, berms, or sediment basins. 3. Maintain grades to minimize the velocity of sheet flow over disturbed areas and promote evaporation and infiltration of storm water directly into the ground. 4. Install filter fabric fences or 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 storm water conveyance systems by the appropriate use of control measures described in this Section. Methods of ultimate disposal of these materials shall be carried out in accordance with applicable local, st ute, and federal health and srifety 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 storm water conveyance systems. B Control measures may include the following practices: 1. Confine maintenance and repair of construction machinery and equipment to areas specifically designated for that purpose. 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, tat 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 disch trge 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 w tsh 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 01566-4of5 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 runoff from the Project Site. Preventative measures may include the following practices: 1. Stabilize the area with coarse aggregate. 2. Store containers on raised platforms. 3. Place plastic matting, packed clay, tar paper, or other impervious material to prevent contamination of soil in the area. 4. Provide protective cover or weather proof enclosure. 5. Minimize accidental spillage. 6. Keep containers tightly closed. 7. Periodically inspect containers for leakage. 8. Maintain grade to prevent surface water from flowing over the area. 9. Provide berms, filter fabric fences or barriers, or sediment basins. 10. Designate washing areas for containers and other items that have come in contact with potential water pollutants. C Avoid overuse of substances such as pesticides and fertilizers which could produce contaminated runoff. 3.10 SANITARY FACILITIES A Provide the Project Site with adequate portable toilets for workers in accordance with Section 01500 —Temporary Fac►hties and Contiols, and applicable health regulations. B Control areas where sanitary facilities are located so that sewage or chemicals will not be washed directly into receiving streams or storm water conveyance systems by using one or more of the following measures. 1. Inspect the facilities daily 2. Service the facilities as often as necessary to maintain cleanliness and prevent overflows. 3. Stabilize the area with coarse aggregate 4. Maintain grade to prevent surface water from flowing over the area END OF SECTION 07/2006 01566 - 5 of 5 CITY OF PEARLAND TRENCH SAFETY SYSTEM Section 01571) TRENCH SAFETY SYSTEM 1.0 GENERAL 1.01 SECTION INCLUDES A Trench safety system for the construction of trench excavations. B Trench safety system for excavation of utilities, excavation of structures, and embankment which fall under provisions of lederal, state, of local excavation safety laws. C References to Technical Specifications: 1. Section 01200 — Measurement & Payment Procedures 2. Section 01350 — Submittals D Referenced Standards: 1. Occupational Safety and Health Administration (OSHA) E Definitions: 1. Trench. A narrow excavation (in relation to its depth) made below the surface of the ground. In general, the depth is greater than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet. 2. Trench safety system requirements apply to larger open excavations if the erection of structures or other installations limits the space between the excavation slope and the installation to dimensions equivalent to a trench as defined. 3. Trench safety systems include both Protective Systems and Shoring Systems but are not limited to sloping, sheeting, trench boxes or trench shields, slide rail systems, sheet piling cribbing, bracing, shoring, dewatermg or diversion of water to provide adequate drainage. a. Protective System: A method of protecting employees from cave-ins, from material that could fall or roll from an excavation face or into an excavation, or from the collapse of an adjacent structure. b. Shoring System: A structure, which supports the sides of an excavation, to prevent cave-ins, maintain stable soil conditions, or to prevent movements of the ground affecting adjacent installations or improvements. c. Special Shoring: A shoring system meeting Special Shoring Requirements for locations identified on the Plans. 4. Competent Person- one who is capable of identifying existing and predictable hazards in the sun oundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them. 07/2006 01570 - 1 of 4 CITY OF PEARLAND TRENCH SAFETY SYSTEM 1.02 MEASUREMENT AND PAYMENT A Measurement for trench safety systems used on utility excavations is on a linear foot basis, measured along the centerline of the bench. Payment for trench safety systems includes payment for manholes and other line structures. B Unless indicated in as a Bid Item, no separate payment will be made for shoring systems under this Section. Include cost in Bid Items for trench safety systems. C If shown on the Plans and included in Section 00300 — Bid Proposal as a separate Bid Item, Measurement and Payment for Special Shoring system installation for trench excavation is on a square foot basis, measured and completed in place. D Unless indicated as a Bid Item, no separate payment will be made for trench safety systems used on structural excavations under this Section. Include cost for trench safety system used on structural excavations in 'applicable structure installation. E Unless indicated as a Bid Item, no separate payment will be made for trench safety systems used on roadway excavation or embankment under this Section. Include cost in applicable Sections. F Refer to Section 01200 — Measurement & Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. Submit a safety plan specifically for the construction of trench excavation, excavation of utilities, excavation of structures, and embankment which fall under provisions of federal state, or local excavation safety laws. Design the Tt ench Safety Plan to be in accordance with OSHA Standards - 29CFR governing the presence and activities of individuals worlung in and around tench excavations, and in accordance with any Special Shoring requirements at locations shown on the Plans. Include in the plan, submittal of the contact information for the Competent Person C Have Shop Drawings for trench safety systems sealed, as required by OSHA, by a Professional Engineer licensed by the State of Texas, retained and paid by the Contractor. 1.04 REGULATORY REQUIREMENTS A Install rind maintain trench safety systems in accordance with the provision of Excavations, Trenching, and Shoring, OSHA Standards — 29 CFR, Part 1926, Subpart P, as amended, including Final Rule, published in the Federal Register Vol. 54, No 209 on Tuesday, October 31, 1989. The sections that are incorporated into these Technical Specifications, by reference, include Standard 1926.650 — 652. 07/2006 01570 - 2 of 4 CITY OF PEARI AND TRENCH SAFETY SYSTEM B A reproduction of the OSHA Standards — 29 CFR included in Subpart P — "Excavations" from the Federal Register Vol. 54, No. 209 is available upon request to Contractors bidding on the Work. The Owner assumes no responsibility for the accuracy of the reproduction. The Contractor is responsible for obtaining a copy of this section of the Federal Register. C Include in the Trench Safety Program measures thfit establish compliance with the standard interpretation of the General Duty Clause, Section 5.(a)(1), of the Occupational Safety and Health Act of 1970 — 20 USC 654 which states, "Employers must shore or otherwise protect employees who walk/work at the base of an embankment from possible collapse." D Legislation that has been enacted by the State of Texas with regard to Trench Safety Systems is hereby incoiporated, by reference, into these specifications. Under Texas Statutes, refei to Chapter 756 of the Health and Safety Code, SUBCHAPTER C. TRENCH SAFETY. Reference materials, if developed foi this Work, will be issued by the Engineer along with the Bid Documents, including the following: 1. Geotcchnical information obtained for use in design of the trench safety system. 2. Special Shoring Requirements. 1.05 INDEMNIFICATION A Contractor shall indemnify and hold harmless the Owner, its employees, and agents, from any and all damages, costs (including, without limitation, legal fees, court costs, and the cost of investigation), judgments or claims by anyone foi injury or death of persons resulting from the collapse or failure of trenches constructed under this Contract. B Contractor acknowledges and agrees that this indemnity provision provides indemnity for the Owner in case the Owner is negligent either by.act or omission in providing for trench safety, including, but not limited to safety program and design reviews, inspections failures to issue stop work orders, and the hiring of the Contractor. C Review of the safety program by the Engineer will only be in regard to compliance with the Contract Documents find will not constitute approv rl by the Engineer nor relieve Contractor of obligations under state and federal trench safety laws. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION 3.01 INSTALLATION A Install and maintfiin trench safety systems in accordance with provisions of OSHA Standards — 29 CFR. 07/2006 01570 - 3 of 4 CITY OF PEARLAND TRENCH SAFETY SYSTEM B Specially designed trench safety systems shall be installed in accordance with the Contractor s trench exc ivation safety program for the locations and conditions identified in the program. C Install Special Shoring at the Locations shown on the Plans. D Obtain verification from a Competent Person, defined in this Section and as identified in the Conti actor's Trench Safety Program, that trench boxes and other pre - manufactured systems are certified foi the actual installation conditions. 3.02 INSPECTION A Conduct daily inspections by Contractor or Contractor's independently retained consultant, of the trench safety systems to ensure that the installed systems and operations meet OSHA Standaids — 29 CFR and other personnel protection regulations requii ements. B If evidence of possible cave-ins or slides is apparent, immediately stop work in the trench and move personnel to safe locations until necessary precautions have been taken to safeguard personnel C Maintain a permanent record of daily inspections. 3.03 FIELD QUALITY CONTROL A Verify specific applicability of the selected or specially designed trench safety systems to each field condition encountered on the Work. END OF SECTION 07/2006 01570 - 4 of 4 CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS 1.0 GENERAL Section 01580 PROJECT IDENTIFICATION SIGNS 1.01 SECTION INCLUDES A Project identification sign description. B. Installation. C. Maintenance and removal. 1.02 UNIT PRICES A. No separate payment will be made for design, fabrication, installation, and maintenance of project identification signs under this Section. Include cost of work performed under this Section in the pay item for Section 01505 - Mobilization. B. If changes to project identification signs are requested by the City Engineer to keep them current payment will be made by change order. Skid -mounted signs shall be relocated as directed by the City Engineer at no additional cost to the City Post -mounted signs shall be relocated once, if directed in writing by the City Engineer, at no additional cost to the City. If a post - mounted sign is relocated more than once at the written direction of the City Engineer, payment will be made b) change order 1.03 SYSTEM DESCRIPTION A. Sign Construction: Project identification signs shall be constructed of new materials and painted new foi the project. Construct post -mounted signs as shown on Construction Sign Details. B. Appearance: Project identification signs shall be maintained to present a clean and neat look throughout the project duration. C. Sign Manufacturer/Maker: Experienced as a professional sign company. D. Sign Placement: Place signs at locations as directed by the City Engineer. The City Engineer will provide sign placement instructions at the Pre -construction Meeting. 1. A linear project is one involving paving, overlay, sewer lines, storm drainage, or water mains that run in the right-of-way over a distance. A linear project requires a project identification sign at each end of the construction site 05/2007 01580-1 CITY OF PEARLAND PROJKCT IDENTIFICATION SIGNS 2. Single Site or Building Projects: Provide one project identification sign. 3. Multiple Sites: Provide one project identification sign at each site. 4. Sign Relocation. As work piogiesses at each site, it may be necessary to move and relocate project identification signs. Relocate signs as directed in writing by the City Engineer. Alternate Skid -mounted Sign Construction: Post -mounted signs are preferred, but skid -mounted signs ale allowed, especially for projects with noncontiguous locations where work progresses from one location to another. The skid structure shall be designed so that the sign will withstand a 60-mile-per-hour wind load directly to the face or back of the sign. Use stakes, straps, or ballast. Approval of the use of skid -mounted signs shall not release the Contractor from responsibility of maintaining a project identification sign on the project site and shall not make the City responsible for the security of such signs. 1..04 SUBMITTALS A. Submit shop drawings under provisions of Section 01350 - Submittal Procedures. B. Show content, layout, lettering style, lettering size, and colors. Make sign and lettering to scale, clearly indicating condensed lettering, if used. 2.0 PRODUCTS 2.01 SIGN MATERIALS A. Structure and Framing: All sign materials shall be new. 1. Sign Posts: Use 4 inch by 4-inch treated wood posts, sized to fix top of sign at 6 FEET ABOVE GROUND. 2. Sign Supports and Skid Bi acing: 2-inch by 4-inch wood framing material. 3. Skid Members: 2-inch by 6-inch wood framing material. 4. Fasteners: a. Use galvanized steel fasteners. b. Use 3/8-inch by 5-1/2-inch button head carriage bolts to attach sign to posts. Secure with nuts and flat head washers at locations as recommended by Sign Manufacturer. c. Cover button heads with white reflective film or paint to match sign background B. Sign and Sign Header: Use medium density overlaid marine plywood, minimum 1/2-inch thick. Use full-size 4-foot by 8-foot sheets for sign and a single piece for header to minimize joints; do not piece wood to fabricate a sign face. C. Paint and Primers: White paint used to prime surfaces and to resist weathering shall be an industrial grade, fast -drying, oil -based paint with gloss finish. Paint structural and framing members white on all sides and edges to resist weathering 05/2007 01580-2 CITY OF P1'ARLAND PROJECT IDENTIFICATION SIGNS Paint sign and sign header material white on all sides and edges to resist weathering. Paint all sign surfaces with this weather -protective paint prior to adding any sign paint or adhesive applications. D. Colors: Follow criteria established by attached Exhibit 3.0 EXECUTION 3.01 INSTALLATION A. Install project identification signs within 10 calendar days after Date of Commencement. B. Erect signs where designated by the City Engineer at the Pre -construction Meeting or as described in pact 1.03 of this Section. Position the sign in such a manner as to be fully visible and readable to the general public. C. Erect sign level and plumb. D. If mounted on posts, sink posts a minimum of 30 inches below grade in 10-inch diameter posthole. Stabilize posts with sharp sand or concrete to minimize lateral motion. Leave a minimum of 8 feet of post above existing grade for mounting of the sign and header. E. Erect sign so that the top edge of the sign, is no higher than 6 feet above existing grade. 3.02 MAINTENANCE AND REMOVAL A. Keep signs and supports clean. Repair deterioration and damage. B. Remove signs, framing, supports, and foundations to a depth of 2 feet upon completion of Project. Restore the area to a condition equal to or better than before construction. END OF SECTION 05/2007 01580-3 CITY OF PEARLAND PROJECT IDEENTIFICATION SIGNS PROJECT IDENTIFICATION SIGN EXHIBIT SOUTHWEST ENVIRONMENTAL CENTER WASTEWATER TREATMENT PLANT EXPANSION No, 1 PROJECT SCHEDULE: JULY 2007 ENGINEER: CARTER & BURGESS, INC. CONSTRUCTION COST: UNKNOWN CONTRACTOR: UNKNOWN Typu ai 4'x8'x112' MO 0 single sided site sign. Installs on two 4" x4' x 8' treated 42 0 CA posts set m sharp sand or concrete ur a 10" x24" purr minimum. MU P1 W(NTQW51I3N $16N»G1 ?IMGitOO TElt8 5.21.07 ter e1 remh d M8i<+1iv,. ,,Ir..,-, dW 120 VOLT flfCT3iICAI. SFHV10E CLIENT APPROVAL • 05/2007 01580-4 CITY OF PEARLAND MATERIAL ANI) 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 AN J• 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, fabric ition 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 sp ire parts inventory and to allow for maximum Interchangeability of components For multiple components of the same size, type or application, use the same make and model of component throughout the Work. 1.04 TRANSPORTATION A Make arrangements for transportation, delivery, and handling of equipment and materials required for timely completion of the Work. B Transport and handle products in accordance with instructions. C Consign and address shipping documents to the proper party giving name of Project, street number, and City. Shipments shall be delivered to the Contractor. 1.05 DELIVERY A Arrange deliveries of products to accommodate the Construction Schedule and in ample time to facilitate inspection prior to installation. Avoid deliveries that cause lengthy storage or overburden of limited storage space. 07/2006 01600 - 1 of 3 CITY OF PEARLAND MATERIAL AND EQUIPMENT B Coordinate deliveries to avoid conflict with Work and conditions at the Project Site and to accommodate the following: 1. Work of other contractors or the Owner. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. Owner's use of premises. C Have products delivered to the Project Site in manufacturer's original, unopened, labeled containers D Immediately upon delivery, inspect shipment to assure: 1. Product complies with requirements of Contract Documents. 2. Quantities are correct. 3. Containers and packages are intact; labels are legible. 4. Products are properly protected and undamaged. 1.06 PRODUCT HANDLING A Coordinate the off-loading of materials and equipment delivered to the Project Site If necessary to move stored materials 'ind equipment during construction, Contractor shall relocate materials and equipment at no additional cost to the Owner. B Provide equipment and personnel necessary to handle products, including those provided by the Owner, by methods to prevent damage to products or packaging. C Provide additional protection during handling as necessary to prevent breaking scraping, marring, 01 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. 13 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 co►npactly stored in locations that will cause a mmimum of inconvenience to other contractoi s, public travel, adjoining owners, tenants, and occupants. Arrange storage in a manner to provide easy access for Inspection. D Provide adequately ventilated, watertight storage facilities with floor above ground level for materials and equipment susceptible to weather damage. E Restrict storage to areas available on the construction site for storage of material and equipment as shown on Plans or approved by the Project Manager. F Provide off -site storage and protection when on -site storage is not adequate. G Do not use lawns, grass plots, or other private property for storage purposes without written permission of the owner or other person in possession or cont►ol 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 waiting by the Project Manager. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01600 - 3 of 3 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS Section 01630 PRODUCT OPTIONS AND SUBSTITUTIONS 1.0 GENERAL 1.01 SECTION INCLUDES A Options for making product or process selections. B Procedures for proposing equivalent construction products or processes, including pre- ipproved, 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 to -use. B Process: Any proprietary system or method for installing system components resulting in an integral functioning part of the Work. Foi this Section, the woid Product includes Processes. 1.04 SELECTION OPTIONS A Pre -approved Products: Products of certain manufacturers or suppliers are designated m the Technical Specifications as "pre -approved". Products of other manufacturers or suppliers will not be acceptable undei 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 Pte-approved Products. C Product Compatibility: To the maximum extent possible, provide products that are of the same type or function fiom 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 01 630 - 1 of 3 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS 1.05 CONTRACTOR'S RESPONSIBILITY A Furnish information the Engineer deems necessary to judge equivalency of the tlternate 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 he 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, is rpplicable. 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 OF PEARLAND 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 piocess as the specified product would have been for Shop Drawings, Product Data, and Samples. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - Not Used END OF SECTION • 07/2006 01630 - 3 of 3 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 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 requited for Measutement 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. GIid or axis for stt uctures. 3. Mounumented Baseline. D Verify periodically layouts by same means. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01720 - 2 of 2 CITY OF PEARLAND CUTTING AND PATCHING Section 01730 CUTTING AND PATCHING 1.0 GENERAL 1.01 SECTION INCLUDES A Cutting, patching and fitting of Work to existing facilities, or to accommodate installation o1 connection of Work with existing facilities, or to uncover Work for access, inspection or testing. B References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01630 — Product Options & Substitutions 1.02 MEASURMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 Submittals. B Submit written notice to the Engineer requesting consent to proceed prior to cutting which may affect structural integrity or design function, Owner operations, or work of another contractor. C Include the following in submittal: 1. Identification of Project 2. Description of affected Work. 3. Necessity for cutting. 4. Effect on other work and on structural integrity. 5. Include description of proposed Work: a. Scope of cutting and patching. b. Contractor, subcontractor or trade to execute Work. c. Products proposed to be used. d. Extent of refinishing. e. Schedule of operations. 6. Alternatives to cutting and patching, if any. D Should conditions of Work or schedule indicate change of materials or methods, submit a written recommendation to the Engineer including: 1. Conditions indicating change 2. Recommendations foi alternative materials or methods. 3. Submittals as required for substitutions in Section 01630 — Product Options & Substitutions. 07/2006 01730 - 1 of 3 CITY OF PEARLAND CUTTING AND PATCIIING E Submit written notice to the Engineer designating time Work will be uncovered for observation. Do not begin cutting or patching operations until authorized by the Engineer. 1.04 CONNECTIONS TO EXISTING FACILITIES A Perform construction necessary to complete connections and tie-ins to existing facilities. Keep all existing facilities in continuous operation unless otherwise specifically permitted in these Technical Specifications or approved by the Engineer. B Coordinate with the Engineer, interruption of service requiring connection into existing facilities. Bypassing of wastewater or sludge to waterways is not pei nutted. Provide temporary pumping facilities to handle wastewater if necessary. Use temporary bulkheads (e.g., inflatable plugs) to minimize disruption. Provide temporary power supply and piping to facilitate construction where necessary. C Submit a detailed schedule of proposed connections, including shut -downs and tie-ins. Include in the submittal the proposed time and date as well as the anticipated duration of the Work. Submit the detailed schedule coordinated with the construction schedule. 1. Provide specific time and date information to the Engineer 48 hours in advance of proposed Work. D Procedures and Operations: 1, The Contractor may operate existing pumps, valves and gates required for sequencing procedures only as directed by the Engineer. Do not operate any valve, gate or other item of equipment without permission of the Owner and the knowledge of the Engineer. 2. Insofar as possible, equipment shall be tested and in operating condition before final tie-ins are made to connect equipment to the existing facility 3. Carefully coordinate Work and schedules. Provide written notice to the Engineer at least 48 hours before shut -downs or by-passes are required 2.0 P!'' ODUCTS - Not Used. 3.0 EXECUTION A Perform activities to avoid interference with facility operations and the Work of others in accordance with Section 00700 — General Conditions of the Agreement B Execute cutting and patching including excavation, backfill, and fitting to: 1. Remove and replace defective Work or Work not conforming to the Plans and Technical Specifications. 2. Take samples of installed Work as required for testing. 3. Remove construction required to provide for specified alteration or addition to existing Work. 4. Uncover Work to provide for inspection or reinspection of covered Work by the Engineer or regulatory agencies having jurisdiction. 5. Connect any Work that was not accomplished in the proper sequence to completed Work. 07/2006 01730 - 2 of 3 CITY OF PEARLAND CUTTING ANI) PATCHING 6. Remove or relocate existing utilities and pipes which obstruct Work to which connections must be made. 7. Make connections or alterations to existing or new facilities. 8. Provide openings, channels, chases and flues, if any, and do cutting, patching Ind finishing. C Restore existing Work to a state equal to oI better than that prior to cutting and patching. Restore new Work to standards of these Technical Specifications. D Support, anchor, attach, match, tiim and seal materials to the Work of others Unless otherwise specified, furnish and install sleeves, insects, hangers, required for the execution of the Work. E Provide shoring, bracing and support as required to maintain structural integrity and protect adjacent Work from damage during cutting and patching. Before cutting beams or other structural membeis, anchors, lintels or other supports, request written instructions from the Engineer. Follow such instructions, as applicable END OF SECTION 07/2006 01730 - 3 of 3 CITY OF PEARLAND 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. C Label each document "PROJECT RECORD" in neat, large, printed letters. D Maintain Record Documents in a clean, dry, and legible condition. Do not use Record Documents for construction purposes. E Keep Record Documents and Samples available for inspection by Engineer. 1.05 RECORDING A Record information concurrently with construction progress. Do not conceal any work until required information is recorded. B Plans, Change Orders, and Shop Drawings• Legibly mark each item to record all actual construction, or "as built" conditions, including: 1. Measured horizontal locations and elevations of underground utilities and appurtenances, referenced to permanent surface improvements. 07/2006 01760 - 1 of 2 CITY OF PEARLAND PROJECT RECORD DOCUMENTS 2. Elevations of underground utilities referenced to bench marks utilized for the Work. 3. Field changes of dimension and detail. 4. Ch inges 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 2.0 PRODUCTS _ Not Used 3.0 EXECUTION A Deliver Record Documents and Samples to Owner in accordance with Section 01770 Contract Closeout. END OF SECTION 07/2006 01760-2of2 CITY OF PEARLAND CONTRACT CLOSEOUT 1.0 GENERAL 1.01 SECTION INCLUDES Section 01770 CONTRACT CLOSEOUT A Closeout procedures including final submittals such as operation and maintenance data, warranties, and spare parts and maintenance materials. B References to Technical Specifications: . 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 Make 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 Work is complete and ready for Engineer's final inspection. B Provide Record Documents under provisions of Section 01760 — Project Record Documents. • C Complete or correct items on punch list, with no new items added. Any new items will be addressed during warranty period. D The Owner will occupy portions of the Work as specified in Section 00700 — General Conditions of Agreement. E Contractor shall request Final Inspection at least two weeks prior to Final Acceptance. 1.05 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 Conti act 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 CITY OF PEARLAND SITE PREPARATION Section 02200 SITE PREPARATION 1.0 GENERAL 1.01 SECTION INCLUDES A Removal of topsoil, stripping and stockpiling, clearing and grubbing. B Removal and disposal of waste materials, excess materials, debris and trash. C Removal of obstructions. D Excavation and fill. E Salvaging of designated item. F References to Technical Specifications: 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 01200 — 01350 — 01450 — 01500 — 02255 — 02330 — 01140 Measurement and Payment Procedures Submittals Testing Laboratory Services Temporary Facilities and Controls Bedding, Backfill and Embankment Material Embankment Contractor's Use of Premises G Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 4318, ' Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils" 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. B If Site Preparation is included as a Bid Item, measurement will be based on the Units shown in Section 00300 — Bid Pioposal and in accordance with Section 01200 Measurement and Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit embankment material sources and product quality information in accordance this Section. 07/2006 02200 - 1 of 4 CITY OF PEARLAND SITE PREPARATION 1.04 TESTING A Testing and analysis of pioduct quality, material sources, or field quality shall be performed by an independent testing laboratory provided by the Owner under the provisions of Section 01450 — Testing Laboratory Services and as specified in this Section. 1.05 PROTECTION OF PEOPLE AND PROPERTY A Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500—Temporary Facilities and Controls. 2.0 PRODUCTS 2.01 MATERIALS A Contractor shall provide materials used as embedment, backfill, back -dressing, and embankment identified on the Plans in accordance with Section 02255 — Bedding Backfill and Embankment Material. 3.0 EXECUTION 3.01 CLEARING AND GRUBBING. 07/2006 A Clear Project Site of trees, shrubs, and other vegetation, except for those designated by Owner to be left standing. B Use only hand methods for grubbing inside drip line of trees designated to remain. C Completely remove stumps, roots, and other debris protruding through ground surface. 1. On areas required for roadway, channel, or structural excavation, remove stumps, 2" diameter or larger limbs and roots, to depth of 2 feet below lower elevation of excavation 2. On areas required for embankment construction, remove 2" diameter limbs, stumps and roots to depth of 2 feet below ground surface 3. Trees and stumps may be cut off as close to natural ground as practicable on areas which are to be covered by at least 3 feet of embankment D Fill depressions caused by clearing and grubbing operations with satisfactory soil material, unless further excavation or earthwork is indicated. 1. Place fill material in horizontal layers not exceeding 6 inches loose depth, and thoroughly compact to density equal to adjacent original ground. E Complete operations by bulldozing, blading, and grading so that prepared area is free of holes unplanned ditches abrupt changes in elevations and irregular contours, and preserve drainage of area. 1. Blade entire area to prevent ponding of water and to provide drainage, except m areas to be immediately excavated 02200 - 2 of 4 CITY OF PEARLAND SITE PREPARATION 3.02 TOPSOIL STRIPPING AND STOCKPILING A Obtain approval of topsoil quality before excavating and stockpiling. B Excavate topsoil for esplanades and areas to receive grass or landscaping from areas to be further excavated. C Topsoil Stripping: 1. Remove growths of grass from areas before stripping. 2. Topsoil is defined as surface soil found of depth of not less than 4 inches. 3. Strip topsoil to depths encountered. 4. Perform stripping in a mannei to prevent intermingling of topsoil with underlying sterile subsoil and remove objectionable materials, including clay lumps, stones over 2 in. in diameter, weeds, loots, leaves, and debris. 5. Where trees are designated by Owner to be left standing, stop topsoil stripping at extreme limits of tree drip line to prevent damage to main root system. D Topsoil Stockpiling: 1. Stockpile in areas designated on Plans. 2. Construct storage piles to freely drain surface water. 3. Cover storage piles, if required to prevent wind-blown dust. 4. Stockpile topsoil to depth not exceeding 8 feet. Stockpile in a manner to prevent erosion. 3.03 UNSUITABLE MATERIAL A Undercut, remove, and replace material which Engineer designates as unsuitable for subsequent construction. B Material used to replace unsuitable material shall be suitable material from site excavation or as indicated on Plans. 3.04 EXCAVATION AND FILL A Depressed site areas shall be filled using material from high areas, insofar as practicable. B When fill obtained from high areas is exhausted, fill to indicated rough grade elevations under roadways with "Structural Fill" and open areas not under structures or roadways with "General Fill" or as indicated on Plans. C Place and compact fill in accordance with Section 02330 — Embankment. 3.05 SALVAGEABLE ITEMS AND MATERIAL A Items designated by Engineer to be salvaged are to be carefully removed, so as to cause no damage to the salvaged items and delivered to Owner's storage yaid. 07/2006 02200 - 3 of 4 CITY OF PEARLAND SITE PREPARATION 3.06 CLEAN-UP AND RESTORATION A Perform clean-up and restoration in and around construction zone in accordance with Section 01140 — Contractor's Use of Premises END OF SECTION • • 07/2006 02200 - 4 of 4 CITY OF PEARLAND SITE DEMOLITION 1.0 GENERAL Section 02220 SITE DEMOLITION 1.01 SECTION INCLUDES A Demolishing and removing existing pavements, structures, equipment and materials only to the extent as indicated on the Plans. Removing concrete paving, asphaltic concrete pavement, and base courses. Removing concrete curbs, concrete curb and gutters, sidewalks and driveways. Removing pipe culverts and sewers. D E Removing miscellaneous structures of wood, plastics, metals, concrete, masonry, or combination of concrete and masonry, etc. F Disposing of demolished materials and equipment. G References to Technical Specifications: 1 Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 01200 — 01350 — 01500 01100- 01730 — 01140- 01562 — Measurement and Payment Procedures Submittals Tempoiary Facilities and Control Summary of Work Cutting and Patching Contractor's Use of Premises Waste Material Disposal 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid item, no separate payment will be made for removing and disposing of existing pavement and structures under this Section. Include cost for removing and disposing of existing pavement and structures in Bid Items for which this Work is a component. B if indicated as a Bid Item, measurement will be as follows: 1. Measurement for removing and disposing of concrete base and surfacing, and removing asphaltic surfacing, is on a square yard basis measured between lips of gutters. Measurement for removing and disposing of cement stabilized shell base course, with or without asphalt surfacing, is on a square yard basis. 3. Measurement for iemovmg and disposing of concrete base and surfacing with curbs, is on a square yard basis measured from back to back of curbs. Payment includes removal of all base, asphaltic surfacing, concrete pavement, esplanade curbs, curb and gutters and paving headers. 2. 04/2008 02220 - 1 of 5 CITY OF PEARLAND SITE DEMOLITION 4. Measurement for removing and disposing of concrete pavement is on a square yard basis measured from back to back of curbs. 5. Measurement for removing and disposing of monolithic curb and gutter, removing monolithic concrete curb and removing concrete curb, is on a lineal foot basis measured along the face of the curb. 6. Measurement for removing and disposing of concrete sidewalk and driveway is on a square yard basis. 7. Measurement for removing and disposing of miscellaneous concrete and masonry removal is on a cubic yzrd basis of the structure in place. 8. Measurement foi removing and disposing of pipe culverts and sewers is on a lineal foot basis for each diameter of type of pipe removed. 9. Measurement foi removing and disposing of unlisted materials shall be on the lump sum basis. C No payment will be made for work outside maximum payment limits indicated on Plans, or in areas removed for Contractor's convenience D Refer to Section 01200 — Measurement and Payment Procedures. 1.03 SUIIMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit proposed methods, equipment, materials and sequence of operations for demolition. Describe cool dination for shutting off, capping, and removing temporary utilities. Plan operations to minimize temporary disruption of utilities to existing facilities or adjacent property. C Submit proposed demolition and removal schedule for approval. Notify Engineer in writing at least 48 hours before starting demolition. D Submit an approved copy of demolition schedule to Engineer prior to commencement of demolition operations. E Obtain a permit for building demolition, as required. 1.04 PROTECTION OF PEOPLE AND PROPERTY A Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500 — Temporary Facilities and Controls. B The Contractor shall be responsible for safety and integrity of adjacent structures and shall be liable foi any damage due to movement or settlement Provide pioper framing and shoring necessary for support. Cease operations if an adjacent structure appears to be endangered. Resume demolition only after proper protective measures have been taken. 04/2008 02220 - 2 of 5 CITY OF PEARLAND SITE DEMOLITION 1.05 OWNERSHIP OF MATERIAL AND EQUIPMENT A Materials and equipment designated for reuse or salvage are listed in Section 01.100 — Summary of Work Protect items designated for reuse or salvage from damage dui mg demolition, handling and storage. Restore damaged items to satisfactory condition. B Materials and equipment not designated for reuse or salvage become the property of the Contractor. 1.06 STORAGE AND HANDLING A Store and protect materials and equipment designated for reuse until time of installation. B Deliver and unload items to be salvaged to storage areas indicated on Plans. C Remove equipment and materials not designated for reuse or salvage and all waste and debris resulting from demolition from site. Remove material as work progresses to avoid clutter. 2.0 PRODUCTS 2.01 EQUIPMENT AND MATERIALS FOR DEMOLITION A Use equipment and materials approved as prescribed in this Section, 1.03 "Submittals'. B Use of a "drop hammer" must have the Engineer's prior approval. 3.0 EXECUTION 3.01 EXAMINATION A Prior to demolition, make an inspection with Engineer to determine the condition of existing structures and features adjacent tb items designated for demolition. B Engineer will mark or list existing equipment to remain the property of the Owner. C Do not proceed with demolition or removal operations until after the joint inspection and subsequent authorization by Engineer. D Stop demolition and notify Engineer if underground fuel storage tanks, asbestos, PCB's contaminated soils, of other hazardous materials are encountered. 3.02 UTILITY SERVICES A Follow rules and regulations of authorities or companies having jurisdiction over communications, pipelines, and electrical distribution services. B Notify and coordinate with utility company and adjacent building occupants when temporary interruption of utility service is necessary. 04/2008 02220 - 3 of 5 CITY OF PEARLAND SITE DEMOLITION C 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 foi access, inspection, or testing shall be performed in accordance with Section 01730 — Cutting and Patching 3.03 MECHANICAL WORK ITEMS A Mechanical removals consist of dismantling and removing existing piping, pumps, motors, water tanks, equipment and other appurtenances. It includes cutting, capping, and plugging required to restore use of existing utilities. B Remove existing process, water, chemical, gas, fuel oil and other piping not required for new work. Take out piping to the limits shown or to a point where it will not interfere with the new work Piping not indicated to be removed or which does not interfere with new work shall be removed to the net est solid support, capped, and the remainder left in place. Purge chemical and fuel lines and tanks Verify that such lines are safe prior to removal or capping. C Where piping that is to be removed passes through existing walls, cut and cap piping on each side of the wall. Use cap appropriate for pipe material to be capped. Provide fire -rated sealant for walls classified as fire -rated. D When underground piping, which is not located in the public right-of-way, is to be altered or removed, cap the remaining piping Abandoned underground piping may be left in place unless it interferes with new work of is shown or specified to be removed. Piping less than 15 inches in diameter may be plugged and abandoned in place. For piping 15 inches in diameter and greater to be abandoned, fill with sand, pressure grout or other approved method and plug with concrete or brick masonry bulkhead. E Remove waste and vent piping to points shown Plug pipe and cleanouts and plugs Where vent stacks pass through an existing roof that is to remain, remove the stack and patch the hole in the roof, making it watertight. Comply with requirements of existing roof installer so as to maintain roof warranty F Conform to applicable codes when making any changes to plumbing and heating systems. 3.04 ELECTRICAL WORK ITEMS A Electrical removals consist of disconnecting and removing existing switchgear, distribution switchboards, control panels, bus duct, conduits and wires, panel boards, lighting fixtures, and miscellaneous electrical equipment. B Remove existing electrical equipment and fixtures to prevent damage to allow continued operation of existing systems and to maintain the integrity of the grounding systems. 04/2008 02220 - 4 of 5 CITY OF PEARLAND SITE DEMOLITION C Remove poles and metering equipment, if designated for removal on the Plans Coordinate electrical removals with the power company, as necessary. Verify that power is properly de -energized and disconnected. D Where shown or otherwise required, remove wiring in underground duct systems. Verify function of wiring before disconnecting and removing. Plug ducts which are not to be reused at entry to buildings. E Changes to electrical systems shall conform to applicable codes. 3.05 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 from the site all items contained in or upon the structure not designated for reuse or salvage in accordance with this Section and Section 01562 — Waste Material Disposal. C Follow method of disposal as required by regulatory agencies. END OF SECTION 04/2008 02220 - 5 of 5 CITY OF PEARLAND CEMENT STABILIZED SAND Section 02252 CEMENT STABILIZED SAND 1.0 GENERAL 1.01 SECTION INCLUDES A Cement stabilized sand for backfill and bedding. B References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 02255 — Bedding, Backfill, and Embankment Materials 3. Section 01450 — Testing Laboratory Services C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 558, "Standard Test Methods for Moisture -Density (Unit Weight) Relations of Soil -Cement Mixtures" b. ASTM D 1632, "Practice for Making and Curing Soil -Cement Compression and Flexure Test Specimens in the Laboratory" c. ASTM D 1633, ` Standard Test Method for Compressive Strength of Molded Soil -Cement Cylinders' d. ASTM C 150, "Standard Specification for Portland Cement" e. ASTM C 33, "Standard Specification for Conctete Aggregates" f. ASTM D 2487, "Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System)" g. ASTM C 142, "Standard Test Method for Clay Lumps and Friable Particles in Aggregates" h. ASTM C 123, "Standard Test Method for Lightweight Particles in Aggregate" i. ASTM C 40, "Standard Test Method for Organic Impurities in Fine Aggt egates for Concrete' j. ASTM C 4318, "Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils" k. ASTM C 94 "Standard Specification for Ready -Mixed Concrete' I. ASTM C 31, "Standard Practice for Making and Curing Concrete Test Specimens in the Field" 1.02 MEASUREMENT ANI) PAYMENT A Unless indicated as an Extra Item, no separate payment will be made for cement stabilized sand under this Section. Include cost in Bid Items fot applicable utility or structure installation. B If use of cement stabilized sand is allowed, based on the Engineer's direction, and indicated in Section 00300 — Bid Proposal as an Extra Item, measurement will be on a pei ton basis. A conversion between volumes calculated based on theoretic 11 limits and total weight will be made based on a ratio of 1.64 tons per cubic yard 02/2009 02252 - 1 of 5 CITY OF PEARLAND CEMENT STABILIZED SAND 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Subrnittals. B Submit material qualification and design mix tests to include: 1. Three series of tests of sand or fine aggregate material from the proposed source. Tests shall include procedures defined in this Section, 2.01 "Materials". 2. Three moisture -density relationship tests prepared using the material qualified by the tests in this Section, 1.03B 1 Blends of fine aggregate from crushed concrete and bank run sand shall be tested at the ratio to be used for the design mix testing. 3. Design mix report to meet the specifications of this Section, 1.04 "Design Requirements' . The design mix shall include compressive strength tests after 48-hours and 7 drys curing. 1.04 DESIGN REQUIREMENTS A Design sand -cement mixture to produce a minimum unconfined compressive strength of 100 pounds per square inch in 48 hours when compacted to a minimum 95 percent in accordance with ASTM D 558 and when cured in accordance with ASTM D 1632, and tested in accordance with ASTM D 1633. Mix shall contain a minimum of 1-1/2 sacks of cement pet cubic yard. Compact mix with a moisture content on the dry side of optimum. 2.0 PRODUCTS 2.01 MATERIALS A Cement shall be Type 1 Portland cement conforming to ASTM C 150. B Sand shall be clean, durable, and meet grading requirements for fine aggregates of ASTM C 33 and the following requirements: 1. Classified as SW, SP or SM by the United Soil Classification System of ASTM D 2487. 2. Deleterious material content: a. Clay lumps shall comprise less than 0.5 percent by ASTM C 142. b. Lightweight pieces shall comprise less than 5.0 percent by ASTM C 123. c. Organic impurities shall produce color no darker than the standard color by ASTM C 40 ASTM. 3. Plasticity Index of 4 or less when tested in accordance with ASTM D 4318. C Fine aggregate, manufactured from crushed concrete meeting the quality requirements for crushed rock material in Section 02255 - Bedding, Backfill, and Embankment Materials, may be used as a complete or partial substitute for Bank Sand. The blending ratio of fine aggregate from crushed concrete and Bank Sand shall be defined in the mix design report. 02/2009 02252 - 2 of 5 CITY 01%PEARLAND CEMENT STABILIZED SAND D Water shall be potable, free of oils, acids, alkalies, organic matter, or other deleterious substances meeting requirements of ASTM C 94. 2.02 MIXING MATERIALS A Thoroughly mix sand, cement and water in proportions of the mix design using a pugmill-type mixer. The plant shall be equipped with automatic weight controls to e nsure correct mix proportions. B Stamp batch ticket at plant with time of loading directly after mixing. Material not placed and compacted within 4 hours after mixing shall be rejected. 3.0 EXECUTION 3.01 PLACEMENT AND COMPACTION A Place sand -cement mixture in 8-inch-thick loose lifts and compact to a minimum of 95 percent of ASTM D 558, unless otherwise specified on Plans. The moisture content during compaction shall be on the dry side of optimum but sufficient for h) dration. Perform and complete compaction of sand -cement mixture within 4 hours after addition of water to mix at the plant. B Do not place or compact sand -cement mixture in standing or free water. 3.02 FIELD QUALITY CONTROL A Testing will be performed under provisions of Section 01450 - Testing Laboratory Services. B Mixing plant inspections will be performed periodically. Material samples will be o btained and tested in accordance with this Section, 2.01 `Materials" if there is evidence of change in material characteristic. C One sample of cement stabilized sand shall be obtained for each 150 tons of material placed per day with no less than one sample per day of production. Random samples o f delivered cement stabilized sand shall be taken in the field at point of delivery in accordance with ASTM 3665. Obtain three individual samples of approximately 12 to 15 lb each from the first, middle, and last third of the truck and composite them into one sample for test purpose. D Prepare and mold four specimens (for each sample obtained) in accordance with ASTM D558 Method A, without adjusting moisture content. Samples will be molded at approximately same time material is being used, but no later than 4 hours after water is added to mix. E After molding, specimens will be removed from molds and cured in accordance with ASTM D 1632. 02/2009 02252 - 3 of 5 CITY OF PEARLAND CEMENT STABILIZED SAND P Specimens will be tested for compressive strength in accordance with ASTM D 1633, Method A. Two specimens will be tested at 48 hours plus or minus 2 hours and two specimens will be tested at 7 days plus or minus 4 hours. G A strength test will be average of strengths of two specimens molded from same sample of material and tested at same age. Average daily strength will be average of strengths of all specimens molded during one day's production and tested at same age H Precision and Bias: Test results shall meet recommended guideline for precision in ASTM D 1633 Section 9. Reporting: Test reports shall contain, as a minimum, the following information: 1. Supplier and plant number 2. rime material was batched 3. Time material was sampled 4. Test age (exact hours) 5. Average 48-hour strength 6. Average 7-day strength 7. Specification section number 8. Indication of compliance / non-compliance 9. Mixture identification 10. Truck and ticket numbers 11. The time of molding 12. Moisture content at time of molding 13. Required strength 14. Test method designations 15. Compressive strength data as required by ASTM D 1633 16. Supplier mixture identification 17. Specimen diametet and height, in. 18. Specimen cross -sectional area, sq. in. J The cement content will be checked on samples obtained in the field whenever there ate apparent changes in the mix properties. 3.03 ACCEPTANCE 02/2009 • A Strength level of material will be considered satisfactory if 1 The average 48-houi strength is greater than 100 psi with no individual strength test below 70 psi. 2. All 7-day individual strength tests (average of two specimens) are greater than or equal to100 psi. B Material will be considered deficient when 7-day individual strength test (average of two specimens) is less than 100 psi but greater than 70 psi. See Paragraph 3.04 Adjustment for Deficient Strength. C The material will be considered unacceptable and subject to removal and replacement at Conti actors expense when individual strength test (average of two specimens) has 7-day strength less than 70 psi 02252-4of5 CITY OF PEARLAND CEMENT STABILIZED SAND D When moving average ofthree daily 48-hour averages falls below 100 psi, discontinue shipment to project until plant is capable of producing mates sal, which exceeds 100 psi at 48 hours. Five 48-hour strength tests shall be made in this determination with no individual strength tests less than 100 psi Testing laboratory shall notify Contractor, Project Manager, and material supplier by facsimile of tests indicating results falling below specified strength requirements within 24 hours. If any strength test of laboratory cured specimens falls below the specified strength, Contractor may, at his own expense, request test of cores drilled from the area in question in accordance with ASTM C42. In such cases, three (3) cores shall be taken tor each strength test that falls below the values given in 3.03.A. G Cement stabilized sand in an area represented by core tests shall be considered satisfactory if the average of three (3) cores is equal to at least 100 psi and if no single core is less that 70 psi. Additional testing of cores extracted from locations represented by erratic core strength results will be permitted. 3.04 ADJUSTMENT FOR DEFICIENT STRENGTH A When mixture produces 7-day compressive strength greater than or equal to 100 psi, then material will be considered satisfactory and bid price will be paid in full. B When mixture produces 7-day compressive strength less than 100 psi and greater than or equal to 70 psi, material shall be accepted contingent on credit in payment Compute credit by the following formula: Credit per Cubic Yard = $30.00 x 2 (100 psi - Actual psi) 100 C When mixture produces 7-day compressive strength less than 70 pounds per square inch, then remove and replace cement -sand mixture and paving and other necessary work at no cost to City. END OF SECTION 02/2009 02252 5 of 5 CITY OF PEARLAND BEDDING, BACKFILL, AND EMBANKMENT MATERIALS Section 02255 BEDDING, BACKFILL, AND EMBANKMENT MATERIALS 1.0 GENERAL 1.01 SECTION INCLUDES A A reference source for materials used as embedment, backfill, back -dressing, and embankment, specified elsewhere in the Technical Specifications, and their associated materi•d qualification testing requirements. B Source qualifications and handling of these materials. C Material use and application is specified on the Plans or in individual Technical Specifications referencing materials either by Mateiial Classification or by Pioduct Description. D References to Technical Specifications: 1. Section 03300 — Cast -in --Place Concrete 2. Section 02910 — Topsoil 3. Section 02252 — Cement Stabilized Sand E Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 2487, ' Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System)" b. ASTM C 142, "Standard Test Method for Clay Lumps and Friable Particles in Aggregates" c. ASTM C 123, "Standard Test Method for Lightweight Particles in Aggi egate' d. ASTM C 40, "Standard Test Method for Organic Impurities in Fine Aggiegates for Concrete" e. ASTM C 4318, "Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils' f. ASTM D 1140 "Standard Test Methods for Amount of Material in Soils Finer the No. 200 (70-um) Sieve" g. ASTM C 33 "Standard Specification for Concrete Aggregates" h. ASTM C 136, "Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates" i. ASTM C 131, "Standard Test Methods for Resistance to Degrzdation of Small -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine" 07/2007 02255 - 1 of 7 CITY OF PEARLAND BEDDING, BACKFILL, AND EMBANKMENT MATERIALS 2.0 PRODUCTS 2.01. MATERIAL CLASSIFICATIONS A Materials shall be classified for the purpose of quality control in accordance with the Unified Soil Classification Symbols as defined in ASTM D 2487. 1. Class 1: Well -graded gravels and sands, gravel -sand mixtures, crushed well - graded rock, little or no fines (GW, SW): a. Plasticity index: non -plastic. b. Gradation: D60/D11) - greater than 4 percent; amount passing No. 200 sieve - less than or equal to 5 percent. 2. Class II Poorly gi ided gravels and sands, silty gravels and sands, little to moderate lines: a. Plasticity index: non -plastic to 4. b. Gradations: Gradation (GP, SP): amount passing No. 200 sieve - less than 5 percent. Gradation (GM, SM): amount passing No. 200 sieve - between 12 percent and 50 percent. c. Borderline gradations with dual classifications (e.g., SP-SM): amount passing No. 200 sieve - between 5 percent and 12 percent. 3. Class III: Clayey gravels and sands, poorly graded mixtures of gravel, sand, silt, and clay (GC, SC, and dual classifications, e.g., SP-SC): a. Plasticity index: greater than 7. b. Gradation: amount passing No. 200 sieve - between 12 percent and 50 percent. 4. Class IVA: Lean clays (CL). a. Plasticity Indexes: Plasticity index: greater than 7, and above A line. Borderline plasticity with dual classifications (CL-ML): PI • between 4 and 7. b. Liquid limit: less thin 50. c. Gradation: amount passing No. 200 sieve - greater than 50 percent. d. Inorganic. 5. Class IVB: Fat clays (CH) a. Plasticity index: above A line. b. Liquid limit. 50 or greater. c. Gradation: amount passing No. 200 sieve - greater than 50 percent. d. Inorganic. B Use soils with dual class designation according to ASTM D 2487, and which are not defined above, according to the more restrictive class. 2.02 PRODUCT DESCRIPTIONS A Unsuitable Material. Unsuitable soil materials are the following: 07/2007 02255 - 2 of 7 CITY OF PEARLAND BEI)I)ING, BACKFILL, AND EMBANKMENT MATERIALS 1. Materials that are classified as ML, CL-ML, MH, PT, OH and OL according to ASTM D 2487. 2. Materials that cannot be compacted to the required density due to either gradation, plasticity, or moisture content. 3. Materials th it contain large clods, aggregates, stones greater than 3 inches in any dimension, debris, vegetation, waste or any other deleterious materials. 4. Materials that are contaminated with hydrocarbons or other chemical contaminants. B Suitable Material. Soil materials meeting specification requirements. Unsuitable soils meeting specification requirements for suit able soils after treatment with, foi example, lime or cement shall be considered suitable, unless otherwise indicated. C General Fill. Material that is free of stones greater than 3 inches, free of roots, waste, debris, hash, organic material, unstable material, non -soil matter, hydrocarbon or other contamination, conforming to the following limits for deleterious materials: 1. Clay lumps: Less than 0.5 percent for Class I, and less than 2.0 percent for Class II, when tested in accordance with ASTM C 142. 2. Lightweight pieces* Less than 5 percent when tested in accordance with ASTM C 123. 3. Organic impurities: No color darker than standard color when tested in accordance with ASTM C 40. D Random Fill. Soils defined by ASTM D 2487 as Class I, II, DI, IV, or fat clay (CH), sand, gravel, or a combination, from excavation or borrow, which can be compacted to form stable embankments, and conforming to: 1. Liquid Limit: 65 maximum, ASTM - D4318. 2. Plasticity Index: 0 minimum, 45 maximum, ASTM - D4318. 3. Free from trash, vegetation, organic matter, large stones, hard lumps of earth and frozen corrosive or perishable material 4. Well broken up, free of clods greater than 6 inches, hard earth, rocks, and stones greater than 2-inch dimension. E Structural Fill. Soils defined by ASTM D 2487 as Class I, II, III, or IV, sand, gravel or a combination, from excavation or borrow, which can be compacted to form stable embankments and fills conforming to: 1. Liquid Limit 45 maximum, ASTM D 4318. 2. Plasticity Index: 12 minimum, 20 m'tximum, ASTM D 4318. 3. Free from trash, vegetation, organic matter large stones hard lumps of earth and frozen corrosive or perishable material. 4. Well broken up, free of clods greater than 6 inches, hard earth, rocks, and stones greater than 2-inch dimension. F Select Fill. Class III clayey gravel or sand or Class IV lean clay or clayey soils treated with lime or cement, and conforming to: 07/2007 02255 - 3 of 7 CITY OF PEARLAND BEDDING, BACKFILL, AND EMBANKMENT MATERIALS 1. Plasticity Index: 7 minimum, 20 maximum, ASTM D 4318. 2. Free from trash, vegetation, organic matter, Large stones, hard lumps of earth and frozen corrosive or perishable material. 3. Well broken up, free of clods greater than 6 inches, hard earth, rocks, and stones greater than 2-inch dimension. G Concrete Fill. Conform to requirements for Class B concrete as specified in Section 03300 - Cast -in -Place Concrete. H Topsoil. Conform to requirements specified in Section 02910 - Topsoil. Bank Sand: Durable Bank Sand classified as SP, SW, or SM by the Unified Soil Classification System (ASTM D 2487) meeting the following requirements 1. Less than 15 percent passing the number 200 sieve when tested in accordance with ASTM D 1140 The amount of clay lumps or balls not exceeding 2 per cent. 2. Material passing the number 40 sieve shall meet the following requirements when tested in accordance with ASTM D 4318: a. Liquid limit: not exceeding 25 percent. b. Plasticity index: not exceeding 7. J Cement Stabilized Sand. Conform to requirements of Section 02252 - Cement Stabilized Sand. K Concrete Sand. Natural sand, manufactured sand, or a combination of natural and manufactured sand conforming to the requirements of ASTM C 33 and graded within the following limits when tested in accordance with ASTM C 136: SIEVE PERCENT PASSING 3/8" 100 No. 4 95 to 100 No. 8 80 to 100 No. 16 50 to 85 No. 30 25 to 60 No. 50 10 to 30 No. 100 2 to 10 L Gem Sand. Sand conforming to the requirements of ASTM C 33 for course aggregates specified for number 8 size and graded within the following limits when tested in accordance with ASTM C 136: SIEVE 3/8" PERCENT PASSING 95 to 100 No. 4 60 to 80 No. 8 15 to 40 07/2007 02255 - 4 of 7 CITY OF PEARLAND BEDDING, BACKFILL, AND EMBANKMENT MATERIALS Pea Gravel. Durable particles composed of small, smooth, rounded stones or pebbles and graded within the following limits when tested in accordance with ASTM C 136: SIEVE PERCENT PASSING 1/2" 100 3/8" 85 to 100 No. 4 10 to 30 No. 8 O to 10 No. 16 0 to 5 N Crushed Aggregates. Crushed aggregates consist of durable particles obtained from an approved source and meeting the following requirements: 1 Materials of one product delivered for the same construction activity from a single source. 2. Non -plastic fines. 3. Los Angeles Abrasion Test wear not exceeding 45 percent when tested in accordance with ASTM C 131. 4. Crushed aggregate shall have .l minimum of 90 percent of the particles retained on the No. 4 sieve with 2 or more crushed faces as determined by TxDOT Tex- 460 A, Part I. 5. Crushed stone: Produced from oversize plant processed stone or gravel, sized by crushing to predominantly angular particles from a naturally occurring single source. Uncrushed gi 'ivel are not acceptable materials for embedment where crushed stone is shown on the applicable utility embedment drawing details. 6. Crushed Concrete: Crushed concrete is an acceptable substitute for crushed stone as utility backfill. Gradation and quality control test requirements are the same as ci ushed stone. Provide crushed concrete produced . from normal weight concrete of unifoim quality; containing particles of aggregate and cement material, free from other substances such as asphalt, reinforcing steel fragments, soil, waste gypsum (calcium sulfate), or debris. 7. Gradations, as determined in accordance with TxDOT Tex-110-E SIEVE PERCENT PASSING BY WEIGHT FOR PIPE EMBEDMENT BY RANGES OF NOMINAL PIPES SIZES >15" 15" - 8" <8" I" 95 - 100 100 - 3/4" 60 - 90 90 — 100 100 1/2" 25 - 60 - 90 — 100 3/8" 20 55 40 70 - — - No.4 0 5 0-10 0 15 - - No. 8 - 0- 5 0- 5 07/2007 02255 - 5 of 7 CITY OF PEARLAND BEDDING, BACKFILL, AND EMBANKMENT MATERIALS 3.0 EXECUTION 3.01 SOURCE QUALIFICATIONS FOR BORROW MATERIAL A Use of material encountered in excavations is acceptable, provided applicable requirements are satisfied If excavation material is not acceptable, provide fi om other approved source. B Identify off -site sources for materials at least 14 days ahead of intended use so that the Engineer may obtain samples for verification testing. C Obtain approval for each material source by the Engineer before delivery is started. If sources pieviously approved do not produce uniform and satisfactory products, furnish materials from other approved sources. Materials may be subjected to inspection or additional verification testing after delivery. Materials which do not meet the requirements will be rejected. Do not use material which, after approval, has become unsuitable for use due to segregation, mixing with other materials, or by contamination. Once a material is approved by the Engineer, a Change Order is required to change to a different material. D Bank sand, select fill, and random fill, if available in the project excavation, may be obtained by selective excavation and acceptance testing. Obtain additional quantities of these mates ials and other materials required to complete the Work from off -site sources. E The Owner does not represent or guarantee that any soil found in the excavation work will be suitable and acceptable as backfill material. 3.02 MATERIAL HANDLING A When material is obtained from either a commercial or non-commercial borrow pit, open the pit to expose the vertical faces of the various strata for identification and selection of approved material to be used Excavate the selected material by vertical cuts extending through the exposed strata to achieve uniformity in the product. B Establish temporary stockpile locations for practical material handling and control, and verification testing by the Engineer in advance of final placement. Obtain approval from landowner for storage of backfill material on adjacent private property. C When stockpiling material near the Project Site, use appropriate methods to eliminate blowing of materials into adjacent areas and prevent runoff containing sediments from entering the drainage system. D Place material suitable for backfilling in stockpiles at a distance from the trench to prevent slides or cave-ins. Do not place stockpiles of excavated materials on public streets. 07/2007 02255 - 6 of 7 CITY OF PEARLAND BEDDING, BACKFILL, AND EMBANKMENT MATERIALS E Place stockpiles in layers to avoid segregation of piocessed materials. Load material by making successive vertical cuts through entice depth of stockpile. END OF SECTION 07/2007 02255 - 7 of 7 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR STRUCTURES Section 02317 EXCAVATION AND BACKFILL FOR STRUCTURES 1.0 GENERAL 1.01 SECTION INCLUDES A Excavation, backfilling, and compaction of backfill for structures. B References to 1 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. Section 12. Section 'ethnical Specifications: 01200 — Measul ement and Payment Procedures 01350 - Submittals 01760 — Project Record Documents 01450 - Testing Laboratory Services 01500 — Temporary Facilities and Controls 02255 — Bedding, Backfill, and Embankment Materials 01570 - Trench Safety System 01564 Control of Ground Water and Surface Water 02220 - Site Demolition 02200 — Site Preparation 02252 - Cement Stabilized Sand 01562 - Waste Material Disposal C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 698, "Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Stand ird Effort" b. ASTM D 4318, "Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils' c. ASTM D 1556, "Standard Test Method for Density and Unit Weight of Soil m Place by the Sand -Cone Method" d. ASTM D 2922, Standard Test Method fol. Density of Soil and Soil- Aggiegate in Place by Nueleai Methods (Shallow Depth)" e. ASTM D 3017, "Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth)" 2. Occupational Safety and Health Administration (OSHA) 3. Texas Department of Transpoitation (TxDOT) a. Tex-101-E, Preparing Soil and Flexible Base Materials for Testing b. Tex-110-E, Particle Size Analysis of Soils D Definitions* 1. Backfill - material meeting specified quality requirements, placed and compacted under controlled conditions around pavements, structures and utilities. 07/2006 02317 - 1 of 7 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR STRUCTURES 2. Foundation Backfill - natural soil or manufactured aggregate meeting Class 1 requirements and Geotextile fabrics as required to control drainage and material separation placed and compacted where needed to piovide stable support for the structure foundation base. Foundation backfill may include crushed aggregate with filter fabric as required, cement stabilized sand, or concrete seal slab. 3. Foundation Base - provides a smooth, level working surface for the construction of the concrete foundation. 4. Foundation Subgrade - the surface of the natural soil which has been excavated and prepared to support the foundation base or foundation backfill, where needed. 5. Over -Excavation - excavation of subgrade soils with unsatisfactory bearing capacity or composed of otherwise unsuitable materials below the foundation as shown on the Plans. 1.02 MEASUREMENT AND PAYMENT UNIT PRICES A Unless indicated as a Bid Item, no separate payment will be made for Excavation and Backfill for Structures under this Section. Include cost in Bid Items for construction of structures. B If Excavation and Backfill for Structures is included as a Bid Item, measurement will be based on the Units shown in Section 00300 — Bicl Proposal and in accordance with Section 01200 — Measurement and Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit for each structure a work plan for excavation and backfill with a complete written description which identifies details of the proposed method of construction and the sequence of operations for constt uction relative to excavation and backfill activities. The desci iptions, with supporting illustrations, shall be sufficiently detailed to demonstrate to the Engineer that the procedures meet the requirements of the Plans and Technical Specifications. C Submit product quality, material sources, and field quality information in accordance with this Section. D Submit field red lines documenting location of structures as installed, referenced to survey Control Points under the provisions of Section 01760 — Project Record Documents, 1.04C. Include location of utilities and sti uctuies encountered or rerouted. Give horizontal dimensions, elevations, inverts and gradients. 07/2006 02317 - 2 of 7 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR STRUCTURES 1.04 TESTING A Testing and analysis of product quality, material sources, or field quality shall be performed by an independent testing laboratory provided by the Ownei under the provisions of Section 01450 - Testing Laboaatory Services and as specified in this Section. 1.05 PROTECTION OF PEOPLE AND PROPERTY A Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500 - Temporary Facilities and Controls. 2.0 PRODUCTS 2.01 MATERIALS A Contractor shall provide materials used as embedment backfill, back -dressing, and embankment identified on the Plans in accordance with Section 02255 — Bedding, Backfill and Embankment Material. 2.02 EQUIPMENT A Perform excavation with equipment suitable for achieving the requirements of this Section. B Use equipment which will produce the degree of compaction specified. Backfill within 3 feet of walls shall be compacted with hand oper tted equipment. Do not use equipment weighing mote than 10,000 pounds closer to walls than a horizontal distance equal to the depth of the fill at that time. Use hand operated power compaction equipment where use of heavier equipment is impractical oa restricted due to weight limitations. 3.0 EXECUTION 3.01 PREPARATION A Employ a Trench Safety Plan as specified in Section 01570 - Trench Safety Systems. B Install and operate necessary dewatering and surface water control measures in 3ccoidance with requirements of Section 01564 Control of Ground Water and Surface Water. C Remove existing pavements and structures, including sidewalks and driveways, in accordance with requirements of Section 02220 - Site Demolition, as applicable. D Area shall be cleared and grubbed under the provisions of Section 02200 - Site Preparation prior to excavation. 07/2006 02317 - 3 of 7 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR STRUCTURES E Strip and stockpile topsoil under the provisions of Section 02200 - Site Preparation F Upon discovery of unknown utilities, badly deteriorated utilities not designated for removal, or concealed conditions, discontinue work. Notify Engineer and obtain instructions before proceeding in such areas. 3.02 EXCAVATION A Perform excavation work so that the underground structure can be installed to depths and alignments shown on Plans Drawings. Use caution during excavation work to avoid disturbing surrounding ground and existing facilities and improvements. Keep excavation to the absolute minimum necessary. No additional payment will be made for excess excavation not authorized by Engineer. B Avoid settlement of surrounding soil due to equipment operations, excavation procedures, vibration, dewatering, or other construction methods. C Prevent voids from forming outside of sheeting. Immediately fill voids with grout, concrete fill cement stabilized sand, or other material approved by Engineer. D After completion of the structure, remove sheeting, shoring, and bracing unless Engineer has approved in wilting that such temporary structures may remain. Remove sheeting shoring, and bracing in such a manner as to maintain safety during backfilling operations and to prevent damage to the Work and adjacent structures or improvements. E Immediately fill and compact voids left or caused by removal of sheeting with cement stabilized sand or material approved by Engineer. 3.03 DEWATERING A Maintain ground water control as directed by Section 01564 Control of Ground Water and Surface Water and until the structure is sufficiently complete to provide the required weight to resist hydrostatic uplift with a minimum safety factor of 1.2. B Maintain the ground water surface a minimum of two feet below the bottom of the foundation base. 3.04 FOUNDATION EXCAVATION A Notify Engineer at least 48 hours prior to planned completion of foundation excavations. Do not place the foundation base until the excavation is accepted by the Engineer. B Excavate to elevations shown on Plans Drawings, as needed to provide space for the foundation base, forming a level undisturbed surface, free of mud or soft material. Remove pockets of soft or other wise unstable soils and replace with foundation backfill material or a material as directed by the Engineer. Pi for to placing material 07/2006 02317 - 4 of 7 CITY OF PEARL AND EXCAVATION AND BACKFILL FOR STRUCTURES o ver it, re -compact the subgrade, scarifying as needed, to 95 percent of the maximum Standard Proctor Density according to ASTM D 698. II the specified level of compaction cannot be achieved, moisture condition the subgrade and re -compact u ntil 95 percent is achieved, over -excavate to provide a minimum layer of 24 inches o f foundation backfill material, or other means acceptable to the Engineer. C Fill unauthorized excessive excavation with foundation backfill material or other material as directed by the Engineer. D Protect open excavations from rainfall, runoff, freezing groundwater, or excessive drying so as to maintain foundation subgrade in a satisfactory, undisturbed condition. Keep excavations free of standing water and completely free of water during concrete placement. E Soils which become unsuitable due to inadequate dewatering or other causes, after initial excavation to the required subgrade, shall be removed and replaced with foundation backfill material as directed by Engineer, at no additional cost to the Owner. F Place foundation base, or foundation backfill material where needed, over the subgrade on same day that excavation is completed to final grade. Where base of excavations are left open for longer periods, protect them with a seal slab or cement - stabilized sand. G Where directed by the Plans Drawings, all ci ushed aggregate, and other free draining Class I materials, shall have i Geo- textile filter fabric separating it from native soils o r select material backfill. The fabric shall overlap a minimum of 12 inches beyond where another material stops contact with the soil. H Crushed aggregate, and other Class I materials, shall be placed in uniform Layers of 8-inch maximum thickness. Compaction shall be by means of at least two passes of a vibratory compactor. 3.05 FOUNDATION BASE A After the subgrade is properly prepared, including the placement of foundation backfill where needed, the foundation base shall be placed. The foundation base shall consist of a 12-inch layer of crushed aggregate of cement stabilized sand. Alternately, a 4-inch minimum seal slab may be placed. The foundation base shall extend a minimum of 12 inches beyond the edge of the structure foundation. B Where the foundation base and foundation backfill are of the same material, both can be placed in one operation. 07/2006 02317 - 5 of 7 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR STRUCTURES 3.06 BAC A B C D E F KFILL Complete backfill to surface of natural ground or to lines and grades shown on Plans Drawings. Use existing material that qualifies as select material, unless indicated otherwise. Deposit backfill in uniform layers and compact each Iayei as specified. Do not place backfill against concrete walls or similar structures until laboratory test breaks indicate that the concrete has reached a minimum of 85 percent of the specified compressive strength. Where walls ate supported by slabs or intermediate walls, do not begin backfill operations until the slab or intermediate walls have been placed and concrete has attained sufficient strength. Remove concrete forms before starting backfill and remove shoring and bracing as work progresses. Maintain fill material at no less than 2 percent below and no more than 2 percent above optimum moisture content Place fill material in uniform 8-inch maximum loose layers. Compaction of fill sh tll be to at least 95 percent of the maximum Standard Proctor Density according to ASTM D 698 under paved areas. Compact to at least 90 percent around structures below unpaved areas. Where backfill is placed against a sloped excavation surface, run compaction equipment across the boundary of the cut slope and backfill to form a compacted slope surface for placement of the next layer of backfill. Place backfill using cement stabilized sand in accordance with Section 02252 - Cement Stabilized Sand. 3.07 FIELD QUALITY CONTROL A B 07/2006 Tests will be performed initially on minimum of three different samples of each material type for plasticity characteristics, in accordance with ASTM D 4318, and for gradation characteristics, in accordance with TxDOT Tex-101-E and Tex-110-E Additional classification tests will be performed whenever there is a noticeable change in material gradation or plasticity. In -place density tests of compacted subgrade and backfill will be performed according to ASTM D 1556, or ASTM D 2922 and ASTM D 3017, and at the following frequencies and conditions: 1. A minimum of one test for every 100 cubic yards of compacted backfill material. 2. A minimum three density tests for each full work shift. 3. Density tests will be performed in all placement areas 4. The number of tests will be increased if inspection determines that soil types or moisture contents are not uniform or if compacting effort is variable and not considered sufficient to attain uniform density. 02317-6of7 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR STRUCTURES C At least three tests for moisture -density relationships will be initially performed for each type of backfill material in accordance with ASTM D 698. Additional moisture -density relationship tests will be performed whenever there is a noticeable change in material gradation or plasticity. D If tests indicate work does not meet specified compaction requirements, recondition, re -compact, and retest at Contractor's expense. 3.08 CLEAN-UP AND RESTORATION A Perform clean-up and restoration in and around construction zone in accordance with Section 01 140 Contractor's Use of Premises B In unpaved areas, grade surface as a uniform slope from installed appurtenances to natural grade and stabilize as indicated on Plans. 3.09 PROTECTION OF THE WORK A Maintain excavation and embankment areas until start of subsequent work. Repair and re -compact slides, washouts settlements, of areas with loss of density at no cost to the Owner B Prevent erosion at all times. Do not allow water to pond in excavations. C Distribute construction traffic evenly over compacted areas, where practical, to and in obtaining uniform compaction. Protect exposed areas having high moisture content from wheel loads that cause rutting. END OF SECTION • 07/2006 02317 - 7 01' 7 CITY OF PEARLAND EMBANKMENT Section 02330 EMBANKMENT 1.0 GENERAL 1.01 SECTION INCLUDES A Construction of embankments with excess excavated material and borrow. B References to Technical Specifications: 1 Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. Section 12. Section 13. Section 01200 — 01350 — 01760 — 01570 — 01450- 01500 — 02255 — 02910 — 01564 — 01720- 02220 — 02200 — 01140 — Measurement and Payment Procedures Submittals Project Record Documents Trench Safety System Testing Laboratory Services Tempor iry Facilities and Controls Bedding, B'ickfill and Embanlunent Material Topsoil Control of Ground Water and Surface Water Field Surveying Site Demolition Site Prepaiation Contractor s Use of Premises C Referenced Standards: 1. American Water Works Association (AWWA) a. ASTM D 698, "Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort" b. ASTM D 1556, "Standard Test Method for Density and Unit Weight of Soil in Place by the Sand -Cone Method" c. ASTM D 2922, Standard Test Method for Density of Soil and Soil- Aggiegate in Place by Nucleai Methods (Sh allow Depth)" d. ASTM D 3017, "Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth)" 1.02 MEASUREMENT AND PAYMENT A B Unless indicated as a Bid Item, no separate payment will be made for Embankment under this Section. Include cost in Bid Items for which this Work is a component. If embankment is included as a Bid Item, measurement will be based on the Units shown in Section 00300 — Bid Proposal and in accordance with Section 01200 — Measurement and Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 07/2006 02330 - 1 of 5 CITY OF PEARLAND EMBANKMENT B Submit product quality, material sources, and field quality information in accordance with this Section. C Submit field red lines documenting location of embankments as installed, referenced to survey Control Points, under the provisions of Section 01760 — Project Record Documents, 1.04C. Include location of utilities and structures encountered or rerouted. Give horizontal dimensions, elevations, inverts and gradients. D Submit a Trench Safety Plan under the provisions of Section 01570 — Trench Safety System that included measures that establish compliance with the standard interpretation of the General Duty Clause Section 5.(a)(1), of the Occupational Safety and Health Act of 1970 — 20 USC 654 which states, "I-+mployers must shore or otherwise protect employees who walk/woik at the base of an embankment from possible collapse " 1.04 TESTING A Testing and analysis of product quality, material sources, or field quality shall be performed by an independent testing laboratory provided by the Owner under the provisions of Section 01450 — Testing Laboratory Services and as specified in this Section. 1.05 PROTECTION OF PEOPLE AND PROPERTY A Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500 — Temporary Facilities and Controls. 2.0 PRODUCTS 2.01 MATERIALS A Contractor shall provide materials used as embedment backfill, back -dressing, and embankment identified on the Plans in accordance with Section 02255 — Bedding, Backfill and Embankment Material. B Topsoil: Conform to requirements of Section 02910 — Topsoil. C Borrow Material: Conform to requirements of intended use. Take borrow material from sources approved by Engineer. 3.0 EXECUTION 3.01 EXAMINATION A Verify borrow and excess excavated materials to be reused, are approved. B Verify removals, and clearing and grubbing operations, have been completed. 07/2006 02330 - 2 of 5 CITY OF PEARLAND EMBANKMENT C Verify backfill of new or relocated utilities and structures, below future grade, is complete. 3.02 PREPARATION A Employ a Trench Safety Plan as specified in Section 01570 — Trench Safety Systems. B Install and operate necessary dewatering and surface water control measures in 'iccomdance with requirements of Section 01564 — Control of Ground Water and Surface Water. C Identify required lines, levels, and datum. Coordinate with Section 01720 — Field Surveying. D Remove existing pavements and structures, including sidewalks and driveways, in conformance with requirements of Section 02220 — Site Demolition, as applicable. E Arca shall be cleared and grubbed under the provisions of Section 02200 — Site Preparation prior to placing embankment or opening borrow source. F Strip and stockpile topsoil under the provisions of Section 02200 — Site Preparation. G Backfill test pits, or stump holes and other surface irregularities such as small swales with embankment materials and compact in proper lift depths according to the compaction requirements of this Section. H Areas of unsuitable material shall be removed, backfilled with embankment materials and compacted in proper lift depths according to the compaction i equirements of this Section. I Upon discovery of unknown or badly deteriorated utilities or concealed conditions, discontinue work. Notify Engineer and obtain instructions before proceeding in such areas. 3.03 PLACEMENT AND COMPACTION A Do not conduct placement operations during inclement weather or when existing ground or embankment materials exceed 3 percent of optimum moisture content. Contractor may manipulate wet material to facilitate drying by disking or windrowing, at Contractor's ekpense. B Do not place embankment material until density and moisture content of previously placed material complies with specified requirements. C Scarify areas to receive embankment to a minimum depth of 4 inches to bond existing and new materials. Mix with first layer of embankment material. D Spread embankment material evenly, from dumped piles or windrows into horizontal layers approximately parallel to finished glade. Place to meet specified compacted 07/2006 02330 - 3 of 5 CITY OF PEARLAND EMBANKMENT thickness. Break clods and lumps and mix materials by blading, harrowing, discing, or other approved method. Each layer shall extend across full width of embankment. E Each layer shall be homogeneous and contain uniform moisture content before compaction. Mix dissimilar abutting 'materials to prevent abrupt changes in composition of embankment. F Layers shall not exceed depth as indicated on the Plans. G Where shown on Plans for steep slopes, cut benches into slope and scarify before placing embankment. Place increasingly wide horizontal layers of specified depth, to the level of each bench. H Build embankment layers on back slopes, adjacent to existing roadbeds, to level of old roadbed. Scarify top of old roadbed to minimum depth of four inches and ie-compact with next layer. I Construct to lines and grades shown on Plans. 3.04 COM.''ACTION REQUIREMENTS A Maintain moisture content of embankment materials to attain required compaction density. B Compact to minimum densities shown on the Plans with a moisture content of optimum to 3 percent above optimum as determined by ASTM D 698. 3.05 TOLERANCES A Top of compacted surface: Plus or.minus '/z inch in cross section, or in 16 foot length. 3.06 FIELD QUALITY CONTROL A Compaction testing will be pei formed in accordance with ASTM D 1556 or ASTM D 2922 and ASTM D 3017 under provisions of Section 01450 — Testing Laboiatory Services. B A minimum of three tests will be taken for each 1,000 linear feet per lane of roadway or 500 square yards of embankment per lift. C If tests indicate work does not meet specified compaction requirements, recondition, re -compact, and retest at Contractor's expense. 3.07 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 In unpaved areas, grade surface as a uniform slope from installed appurtenances to natural grade and stabilize as indicated on Plans. 07/2006 02330 - 4 of 5 CITY OF PEARLAND EMBANKMENT 3.08 PROTECTION OF THE WORK A Maintain all embankment areas in good condition until completion of Work. B Repair and re -compact slides, washouts, settlements, areas with loss of density, or excavation damaged by Contractor_s operations at no additional cost to Owner. C Distribute construction traffic evenly over compacted areas, where practical, to aid in obtaining uniform compaction. Protect exposed areas having high moisture content fiom wheel loads that cause rutting. END OF SECTION • 07/2006 02330 - 5 of 5 CITY OF PEARLAND TOPSOIL Section 02910 TOPSOIL 1.0 GENERAL 1.01 SECTION INCLUDES A Furnishing and placing topsoil for finish grading and for seeding, sodding, and planting. B References to Technical Specifications: 1. Section 01200 - Measurement and Payment Procedures 2. Section 01350 — Submittals 3. Section 01450 — Testing Laboratory Services 4. Section 01 500 — Temporary Facilities and Controls 5. Section 02200 — Site Preparation 6. Section 01140 — Contractor's Use of Premises 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for topsoil under this Section. Include cost in Bid Items tor which topsoil is a component. B If topsoil is included as a Bid Item, measurement will be based on the units shown in Section 00300 — Bid Proposal and in accordance with Section 01200 — Measurement and Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit product quality, material sources, and field quality information in accordance with this Section. • 1.04 TESTING A Testing and analysis of product quality material sources, or field quality shall be performed by an independent testing laboratory provided by the Owner under the provisions of Section 01450 — Testing Laboratory Services and as specified in this Section. 1.05 PROTECTION OF PEOPLE AND PROPERTY A Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500 — Temporary Facilities and Controls. 07/2006 02910 - 1 of 3 CITY OF PEARLAND TOPSOIL 2.0 PRODUCTS 2.01 TOPSOIL A Topsoil shall be fertile, friable, natural sandy loam surface soil obtained from excavation of borrow operations having the following characteristics: 1. pH value of between 5.5 and 6.5. 2. Liquid limit: topsoil not exceed 50 3. Plasticity index: 10 or less. 4. Gradation: maximum of 40 percent with a passing the #280 sieve. B Topsoil shall be reasonably free of subsoil, clay lumps, weeds, non -soil materials and other litter of contamination. Topsoil shall not contain roots, stumps, and stones larger than 2 inches. C Obtain topsoil from the top material from naturally well drained areas where topsoil occurs at a minimum depth of 4 inches and has similar characteristics to that found at the placement site. Do not obtain topsoil from areas infected with a growth of, or reproductive parts of nut glass or other noxious weeds. 3.0 EXECUTION 3.01 EXAMINATION A Verify that excavation and embankment operations have been completed to correct lines and grades. 3.02 TOPSOIL STRIPPING AND SOTCKPILING A Conform to topsoil stripping and stockpiling requirements of Section 02200 — Site Preparation. 3.03 PLACEMENT • A Contractor shall conduct erosion control practices described in Section 01566 - Source Controls for Erosion and Sedimentation during topsoil placement operations. B For areas to be seeded or sodded, scarify of plow existing surface material to a minimum depth of 4 inches, or as indicated on the Plans. Remove any vegetation and foreign inorganic material. Place 4 inches of topsoil on the loosened material and roll lightly with an appropriate lawn roller to consolidate the topsoil. C Increase depth of topsoil to 6 inches when placed over cement stabilized sand used as bedding and backfill material. D For areas to receive bushes or trees, excavate existing material and place topsoil to the depth and dimensions shown on the Plans. 07/2006 02910 - 2 of 3 CITY OF PEARLAND TOPSOIL E Remove spilled topsoil from curbs, gutters, and, paved areas and dispose of excess topsoil in accordance with requirements of Section 01140 — Contractor's Use of Pi emises. 3.04 PROTECTION OF TIIE WORK A Protect and maintain topsoil until a vegetative cover is established. B Repair areas damaged by Contractor's operations at no cost to Owner. END OF SECTION 07/2006 02910 - 3 of 3 CITY OF PEARLAND SODDING Section 02922 SODDING 1.0 GENERAL 1.01 SECTION INCLUDES A Sodding areas of residential lawns disturbed during construction and not paved or designated to be paved, or as indicated on Plans. B References to Technical Specifications: 1 Section 01200 2. Section 01350 3. Section 01500 4. Section 02910 5. Section 02255 6. Section 01140 — Measurement and Payment Procedures — Submittals — Temporary Facilities and Controls — Topsoil - Bedding, Backfill, and Embankment Materials — Contractor's Use of Premises C Definitions: 1. Lawn - ground covered with fine textured grass kept neatly mowed. 2. Sod - blocks, squares, strips of tuff glass, and adhering soil used for vegetative planting. 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 utility or paving. B If sodding is included as a Bid Item, measurement will be based on the units shown in Section 00300 — Bid Proposal and in accordance with Section 01200 — Measurement and Payment Procedures. C No payment shall be made for sodding of restoration areas disturbed by Contractor outside the limits of construction. 1.03 SUBMITTALS A B C Make Submittals required by this Section under the provisions of Section 01350 — Submittals. Submit material sources and product quality information in accordance with this Section. Submit a certificate stating that fertilizer complies with these specification requirements and the requirements of the Texas Fertilizer Law. 07/2006 02922 - 1 of 4 CITY OF PEARLAND SODDING 1.04 PROTECTION OF PEOPLE AND PROPERTY A Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500—Tempoialy Facilities and Controls. 2.0 PRODUCTS 2.01 MATERIALS A Topsoil: Conform to material requirements of Section 02910 — Topsoil. B Bank Sand: Conform to material requirements of Section 02255 — Bedding, Backfill, and Embankment Materials C Fertilizer: Available nutrient percentage by weight: 12 percent nitrogen, 4 percent phosphoric acid and 8 percent potash; or 15 percent nitrogen, 5 percent phosphoric acid, and 10 percent potash. D Weed and Insect Treatment: Provide acceptable treatment to protect sod from weed and insect infestation. Submit treatment method to the Engineer for approval. All insect and disease control shall be installed within guidelines set forth by the Structural Pest Control Board of the State of Texas E Water: Potable, available on -site through Contractor's water trucks. Do not use private resident's water. 2.02 SOD A Species: Bermuda (Cynodon Dactylon), Buffalo (Buchloe Dactyloides), or St. Augustine to match existing or as directed. B Contents: 95 percent permanent grass suitable to climate in which it is to be placed; not more than 5 percent weeds and undesirable grasses, good texture, free from obnoxious grasses, roots stones and foreign materials. C Size: 12 inch wide strips, uniform in thickness (2 inch minimum with clean-cut edges. D Sod is to be supplied and maintained in a healthy condition as evidenced by the grass being a normal, green color. 3.0 EXECUTION 3.01 PREPARATION A Do not start work until conditions are satisfactory. Do not start work during inclement or impending inclement weather. Perform Sodding only when weather and soil conditions are deemed by Engineer to be suitable for proper placement. 07/2006 02922 - 2 of 4 CITY OF PEARLAND SODDING B After the areas to receive sod are brought to grade, rake out any foreign organic or inorganic material, including stones, hard clay lumps and other debris. C Level with Bank Sand or Topsoil, as approved by the Engineer. D Loosen the subgrade by discing or by scarifying to a depth of at least 4 inches. E Place and compact topsoil in accordance with requirements of Section 02910 — Topsoil. Top soil shall be free of weeds and foreign material immediately before sodding. F Spread 2-inch (±1 ") layer of Bank Sand over prepared topsoil. G Prior to placing sod, rake areas smooth, free from unsightly variations, bumps, ridges, or depressions, and completely free from stones, hard clay lumps and other debris. H Apply fertilizer at a rate of 25 lbs/1000 SF. Apply after raking soil surface and not more than 48 hours prior to laying sod. Mix thoroughly into upper 2 inches of soil. Lightly water to aid in dissipation of fertilizer 3.02 APPLICATION A Lay sod with closely fitted joints leaving no voids and with ends of sod strips staggered. Sod shall be laid within 24 hours of harvesting. B After sod is laid, irrigate thoroughly to secure 6-inch minimum penetration into soil below sod. C Tamp and roll sod with approved equipment to eliminate minor irregularities and to form close contact with soil bed immediately after planting and watering. Submit type of tamping and rolling equipment to be used to the Engineer for approval, prior to construction. 3.03 MAINTENANCE A Maintenance Period: 1 Begin maintenance immediately after each section of grass sod is installed and continue for a 30-day period from date of Substantial Completion. 2. Re -sod unacceptable areas. 3. Water, fertilize, control disease and insect pests, mow, edge, replace unacceptable materials and perform other procedures consistent with good horticultural practice to ensure normal vigorous and healthy growth All disease control shall be installed within guidelines set forth by the Structural Pest Control Board of the State of Texas 4. Notify Engineer 10 days before end of maintenance period for inspection. B Watering: 1. Water lawn areas once a day with minimum 1/2 inch water for the first 3 weeks after area is sodded. 07/2006 02922 - 3 of 4 CITY OF PEARLAND SODDING 2. After 3-week period, water twice a week with 3/4 inch of water each time unless comparable amount has been provided by rain. 3. Make weekly inspections to determine moisture content of soil unless soil is in frozen condition. 4. Water in the morning to enable soil to absorb maximum amount of water with minimum evaporation. C Mowing: 1. Mow sod at intervals which will keep grass height from exceeding 3-1/2 inches. 2. Set mower blades at 2-1/2 inches. 3. Do not remove more thin one-half of grass leaf surface. 4. Sodded areas requiring mowing within 1 month after installation, shall be mowed with a light -weight rotary type mower. The sod shall be mowed only when dry and not in a saturated or soft condition. 5. Remove grass clippings during or immediately after mowing. D Fertilizer and Pest Control. 1. Evenly spread fertilizer composite at a rate of 40 pounds per 5,000 square feet or as recommended by manufacturer. Fertilizer shall not be placed until 2 weeks tfter placement of sod 2. Restore bare or thin areas by topdressing with a mix of 50 percent sharp sand and 50 percent sphagnum peat moss. 3. Apply mixture 1/4 to 1/2 inch thick. 4. Tieat areas of heavy weed and insect infestation as recommended by treatment manufacturer. 3.04 CLEAN-UP AND RESTORATION A Perform clean-up and restoration in and around construction zone in accordance with Section 01140 - Contractor's Use of Premises. 3.05 PROTECTION OF THE WORD A Protect and maintain sod in good condition until 30 days after Substantial Completion. B Replace sod damaged by Contractor's operations at no cost to Owner. END OF SECTION 07/2006 02922 - 4 of 4 CITY OF PEARLAND CONCRETE FORMWORK Section 03100 CONCRETE FORMWORK 1.0 GENERAL Drawings, Standard General Conditions of Contract, Supplementary Conditions and Division-1 Specification Sections, apply to work of this section. 1..01 WORK INCLUDED A Furnish and install all formwork required for cast -in -place concrete as indicated on the drawings and specified herein. B Install anchors, anchor bolts, pipe sleeves, construction joints and other miscellaneous items required by other trades to be built into -formwork and cast into concrete. 1.02 RELATED WORK A Section 03200 - Reinforcement Steel B Section 03310 - Portland Cement Concrete 1.03 REGULATORY REQUIREMENTS Design, construct, erect, maintain, and remove forms and related structures for cast -in -place concrete work in compliance with the American Concrete Institute Standard ACI 347, "Recommended Practice for Concrete Formwork." 1.04 QUALITY ASSURANCE Design of formwork is the Contractor's responsibility. 1.05 JOB CONDITIONS A Protection Use all means necessary to protect formwork materials before, during and after installation and to protect the installed work and materials of all other trades. B Replacements 09-11290 03100 -I of 3 CITY OF PEARLAND CONCRETE FORMWORK In the event of damage, immediately make all repairs and replacements necessary and at no additional cost to the Owner. 2.0 PRODUCTS 2.01 MATERIALS A Forms 1. Wood Provide Douglas Fir or Southern Yellow Pine Plyform Plywood for exposed concrete surfaces and No. 2 Southern Yellow Pine shiplap boards or Plyform Plywood for concealed surfaces. 2. Steel: As required. B Form Coatings 1. Exposed Concrete E. A. Thompson Chemical Co., "Waterseal," Rex-Spanall "Super Rex -Coat," Sonnebom Building Products "Form Saver' or approval equal. 2. Unexposed Concrete Oil wood forms with a paraffin base oil, construct mill oiled material, or wet thoroughly and immediately before placing concrete. C Form Ties (Break -Back Type) All metal appliances used inside of the forms to hold them in correct alignment shall be removed to a depth of at least one inch from the surface of the concrete. For exposed concrete surfaces, wooden or plastic cones (3/4 inch diameter maximum) shall be used on ties to insure proper break -back and to facilitate patching. 09-11290 03100 -2 of 3 CITY OF PEARLAND CONCRETE FORMWORK 3.0 EXECUTION 3.01 INSTALLATION A General Construct, erect, support, and remove forms and related structures in compliance with ACI 347. Construct forms to sizes shapes, lines, and dimensions shown, and to obtain accurate alignment, location, grades, level, and plumb work in finished structures. Solidly butt joints and provide back-up at joints to prevent leakage of cement paste. Maintain formwork to support vertical and lateral loads that might be applied until such loads can be supported by the concrete structure. I3 Cleaning and Tightening Thoroughly clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt or other debt is just before conciete is placed Tighten forms after conciete placement if required to eliminate mortar leaks. C Embedded Items Set all required embedded items before the concrete is placed. D Formcoatings Apply in accordance with manufacturer's instructions. 3.02 REMOVAL OF FORMS Formwork not supporting weight of concrete may be removed after cumulatively curing at . not less than 50 degrees F. for 24 hours after placing. concrete, provided concrete is sufficiently hard and will not be damaged by form removal operations. END OF SECTION 09-11290 03100 -3 of 3 CITY OF PEARLAND REINFORCING STEEL Section 03200 REINFORCING STEEL 1.0 GENERAL Drawings, Standard General Conditions of Contract, Supplementary Conditions and Division-1 Specification Sections, apply to work of this section. 1.01 . WORK INCLUDED A. Furnish and install all concrete reinforcement as indicated on the drawings and specified herein. 1.02 RELATED WORK A. Section 03100 - Concrete Formwork 1.03 REFERENCES A. American Concrete Institute (ACI 315) - Manual of Standard Practice for Detailing Reinforced Concrete Structures B. Concrete Reinforcing Steel Institute (CRSI) - Manual of Standard Practice 1.04 SUBMITTALS A. Shop Drawings Submit shop drawings for fabrication, bending and placement of concrete reinforcement. Comply with the ACI 315 'Manual of Standard Practice for Detailing Reinforced Concrete Structures" showing bar schedules, stirrup spacing, diagrams of bent bars, arrangement of concrete reinforcement. B. Submit mill test certificates of supplied reinforcement indicating physical and chemical analysis. 2.0 PRODUCTS 2.01 MATERIALS 09-11290 03200-1 of2 CITY OF PEARLAND REINFORCING STEEL A. Reinforcing Steel Bars Domestic deformed type, ASTM A615, Grade 60 B. Supports for Reinforcement Provide supports for reinforcement including bolsters, chairs, spacers and other devices for spacing, supporting and fastening reinforcing bars and welded wire fabric in place. Use wire bar type supports complying with CRSI recommendations. Wood, brick, and other devices will not be acceptable. 3.0 EXECUTION 3.01 INSTALLATION A. General Comply with the specified codes and standards, approved shop drawings and Concrete Reinforcing Steel Institute's recommended practice for "Placing Reinforcing Bars, ' for details and methods of reinforcement placement and supports, and as herein specified. B. Clean reinforcement of loose rust and mill scale, earth, ice, grease and other materials which reduce or destroy bond with concrete. C. Accurately foam bar reinforcement to dimensions indicated. Bend stirrup and tie bars around a pin of diameter not less than two times bar diameter. Bend other bars around a pin of diameter not less than six times bar diameter. Bend bars cold. Do not straighten or rebend in a manner that will injure material. After fabrication bundle and tag with identifying metal tags securely wired in place. D. Accurately position and secure metal reinforcement against displacement with annealed iron wire ties, suitable clips at intersections, metal supports, chairs, and hangers. E Avoid splices of bar reinforcement at points of maximum stress All splices shall conform to the requirements of Chapter 12 ACI 318-83, but shall in no case be less than 36 bar diameters unless otherwise noted on plans. Stagger splices of adjacent bars and provide corner bars corresponding in size and number to adjacent bars. END OF SECTION 09-11290 03200 -2 of 2 CITY OF PEARLAND CAST IN PLACE CONCRETE Section 03300 CAST -IN -PLACE CONCRETE 1.0 GENERAL Drawings, Standard General Conditions of Contract, Supplementary Conditions and Division-1 Specification Sections apply to work of this section. 1.01 WORK INCLUDED This section covers the materials and procedures for cast -in -place concrete. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Section 03100 - Concrete Formwork B. Section 03200 - Concrete Reinforcement 1.03 WORK INSTALLED BY OTHERS All trades, whose work is related to the concrete or must be supported by it, shall be given ample notice and opportunity to introduce and/or furnish embedded items before the concrete is placed. 1.04 QUALITY ASSURANCE A. The specifications of the American Society for Testing and Materials (ASTM), latest edition, referred to in this Section are listed below with their serial designation and shall apply to the extent applicable in each reference thereto: C 31 Standard Method of Making and Curing Concrete Specimens in the Field C 33 Standard Specification for Concrete Aggregates C 39 Standard Method Test for Compressive Strength of Cylindrical Concrete Specimens C 42 Standard Method of Obtaining and Testing Drilled Cores and Sawed Beams of Concrete C 94 Standard Specification for Ready -Mixed Concrete C 143 Standard Method of Test for Slump of Portland Cement Concrete C 150 Standard Specification for Portland Cement 09-11290 03300 -1 of 28 CITY OF PEARLAND C 171 C 172 C 231 CAST IN PLACE CONCRETE Standard Specification for Sheet Materials for Curing Concrete Standard Method of Sampling Fresh Concrete Standard Method of Test for Air Content of Freshly Mixed Concrete by the Pressui e Method C 260 Standard Specification for Air-tbntraining Admixtures for Concrete C 309 Standard Specification for Liquid Membrane -Forming Compounds for Curing Concrete C 494 Standard Specification for Chemical Admixtures for Concrete D 1752 Standard Specification for Preformed Sponge Rubber and Cork Expansion Joint Fillers for Concrete Paving and Structural Construction B. Other Standards The following publications, latest edition, of the American Concrete Institute (ACI) and the Concrete Reinforcing Steel Institute (CRSI), latest edition, shall apply to the extent applicable in each reference thereto: ACI 301 Specifications for Structural Concrete for Buildings ACI 304 Recommended Practice for Measuring, Mixing, Trans- porting and Placing Concrete ACI 305R Hot Weather Concreting ACI 306R Cold Weather Concreting ACI 308 Recommended Practice for Curing Concrete ACI 309 ACI 318 ACI 347 CRSI • Recommended Practice for Consolidation of Concrete Building Code Requirements for Reinforced Concrete Recommended Practice for Concrete Formwork "Reconunended Practice for Placing Reinforcing Bars," 1968 09-11290 03300 -2 of 28 C/TY OF PEARLAND CAST IN PLACE CONCRETE 1.05 SUBMITTALS C. Submittals shall comply with the requirements of Section 01340 and shall include: 1. Concrete monolith drawings for all concrete work showing all proposed joints. 2. Concrete Mix Designs a. Concrete mix designs will be designed using the trial batch method described in ACI-301 The concrete mix design proposed for the project shall include the following information. 1) 28-day compressive strength test results for the proposed concrete mix 2) Gradation for coarse and fine aggregates 3) Type and amount of cement to be used 4) Amount of water to be used 5) Type and amount of admixture to be used 6) Technical information on any admixtures to be used in the mix design 2.0 PRODUCTS 2.01 MATERIALS A. Cements Each of the following types of cements shall comply with the appropriate specifications, as indicated: Portland Cement. ASTM C150, Type I or Type II B. Admixtures Use each of the following admixtures when required or so instructed by the Owner. They shall comply with the appropriate specifications as indicated. 1. Air -Entraining Admixtures - ASTM C260 09-1 1290 03300 -3 of 28 CITY OF PEARLAND CAST IN PLACE CONCRETE 2. Chemical Admixtures - ASTM C494 C. Water Mixing water for concrete shall meet the requirements of ASTM C94. D. Aggregates 1. Aggregates for concrete shall comply with ASTM C33. 2. Fine and coarse aggregates shall be regarded as separate ingredients Each size of coarse aggregate, as well as the combination of sizes when two or more are used, shall comply with the grading requirements of the applicable ASTM Specifications. 3. Maximum size of coarse aggregate shall be 1 inch unless concrete is to be pumped which will require a maximum size of coarse aggregate of 3/4 inches. a. Concrete that will be pumped will follow the recommendations of ACI 304.2R (Placing Concrete by Pumping Methods) with regard to coarse and fine aggregates. 2.02 CONCRETE A. Class The specified 28-day compressive strength and minimum cement content of concrete shall be as follows: Class A 4000 psi 6 Sacks/C.Y. Class B 3000 psi 5 Sacks/C.Y. Class C 2000 psi 4 Sacks/C.Y. B. All concrete shall be Class B except as shown on the drawings or specified herein. C. Air Content All concrete shall contain air as indicated below: Maximum Size of Total Air Content Coarse Aggregate Percent by Volume 3/8 inch 1/2 Inch 6 to 10 5to9 09-11290 03300 -4 of 28 CITY OF PEARLAND CAST IN PLACE CONCRETE 3/4 inch 1 inch D. Slump 4to8 3.5 to 6.5 1. Slump of concrete, as determined by ASTM C143, shall not be less than 3 inches or greater than 5 inches. If concrete is conve} ed by pumping or pneumatic equipment, take slump tests at the dischaige end. 2. The minimum slump is waived for concrete used in ramps or other sloping construction. E. Admixtures 1. Do not use calcium chloride or fly ash. 2. For concrete which will contain embedments of aluminum or galvanized metal it shall be demonstrated that the admixture will not contain a deleterious amount of chloride ion. 3. Air -Entraining Admixture. Shall be liquid vinsol resin type conforming to ASTM C260, Master Builders, ' Type MB-VR" or approved equal. 4. Retarding Admixture. Shall comply with ASTM C494, Type B, Master Builders, "Pozzolith (R)' or approved equal. 5. Water -Reducing, High Range and Retarding Admixtures. (Superplasticizer). Shall comply with ASTM C494, Master Builders, "Rheobuild 561" or approved equal. 6. Selection of Proportions. All admixtures shall be used in accordance with the manufacturer's recommendations. 2.03 GROUT 09-11290 03300 -5 of 28 CITY OF PEARLAND CAST IN PLACE CONCRETE A. Grout shall be a non -shrink grout conforming to the requirements of Corps of Engineers Specifications for Nonshrink Grout CRD-C 621, premixed factory packaged grouting compound. Nonshrink grout shall be used under all column baseplates, all mechanical equipment and electrical equipment where grout is required. Grout shall be Master Builders, Masterflow 928 or approved equal. Contractor shall submit product data for Owner review. B. Contractor shall install grout per manufacturer recommendations. All surfaces to be grouted shall have the top concrete surface chipped off to expose a completely new surface. These surfaces shall be kept clean during the entire process. Grout beneath base plates, sole plates, etc., shall be tapped or rodded to remove all air pockets and allow intimate contact with all surfaces. After exposing the new concrete surfaces for grouting, these surfaces shall be kept wet for 24 hours before grout is placed, or longer if recommended by the grout manufacturer After the finished grout has taken its initial set, the exposed surfaces shall be covered with burlap and kept wet for three days o1 longer if recommended by the grout manufacturer. 2.04 BONDING AGENT A. Chemical Bonding Agent Film -forming, freeze -thaw resistant compound suitable for brush or spray application, complying with Mil-B-9235. B. Epoxy -Resin Bonding Agent 2-component, mineral filled, epoxy -poly- sulphide polymer complying with FS MMM-G-650, Type I or Type II, Grade A. C. Submit product data for proposed bonding agent for Owner review. 2.05 CONCRETE CURING MATERIALS A. Absorptive Cover Burlap cloth made from jute or kenaf, weighing approximately 9 ounces per square yard and complying with AASHTO M 182, Class 3. 09-11290 03300 -6 of 28 CITY OF PEARLAND CAST IN PLACE CONCRETE B. Moisture -Retaining Cover One of the following, complying with ASTM C 171: 1. Waterproof Paper 2. Polyethylene Film 3. White Burlap -Polyethylene Sheet C. Liquid Membrane -Forming Curing Compound Liquid type membrane -forming curing compound complying with ASTM C309, Type 2, Class A white pigmented curing compound. 2.06 STORAGE OF MATERIALS A. General Procedures for storing materials apply to ready mixed concrete produced offsite and on -site produced concrete. 1. Cement Cement shall be stored in weathertight buildings, bins, or silos to prevent absorption of moisture. 2. Aggregates Aggregate stockpiles shall be arranged and used in a manner to avoid excessive segration and prevent stockpile contamination. Stockpiles of sand shall be allowed to drain to insure a uniform moisture content throughout the stockpile. 3. Admixtures Admixtures shall be stored to prevent contamination, evaporation, and damage. Liquid admixtures shall be protected from freezing and from temperature changes which will adversely affect their characteristics. 3.0 EXECUTION 09-11290 03300 -7 of 28 CITY OF PEARLAND CAST IN PLACE CONCRETE 3.01 PRODUCTION OF CONCRETE A. Ready -Mixed Concrete Ready -mixed concrete shall be batched, mixed and transported in accordance with ASTM C94. Plant equipment and facilities shall conform to the "Check List for Certification of Ready Mix Concrete Production Facilities' , of the National Ready Mixed Concrete Association. B. On -Site Mixed Concrete — On -Site Botching or Mixing is Not Allowed C. Mixing Time The maximum time interval between the addition of cement to the concrete mix and the placing of concrete in the forms shall not exceed the following: Air or Concrete Temperature (Whichever is Higher) 90 F or Above 75Fto89F 35Fto74F Maximum Time 45 Minutes 60 Minutes 90 Minutes D. Admixtures 1. Charge air entraining and chemical admixtures into the mixer as a solution and dispense by an automatic dispenser or similar metering device. Weigh or measure powdered admixtures by volume as recommended by the manufacturer. The accuracy of measurement of any admixture shall be within plus or minus 3 percent. 2. If two or more admixtures are used in the concrete, they shall be added separately to avoid possible interaction that might interfeme with the efficiency of either admixture or adversely affect the concrete. 3. Addition of retarding admixtures shall be completed within 1 minute of the completed addition of water to the cement, or prior to the beginning of the last three-quarters of the required mixing, whichever occurs first. E Weather Conditions 1. Cold Weather 09-11290 03300 -8 of 28 CITY OF PEARLAND CAST IN PLACE CONCRETE a. Cold Weather Concreting shall conform to the requirements of ACI 306R. b. The minimum temperature of the concrete when delivered at the site of the Work shall conform to the following temperature limitation: Minimum Concrete Temperature, Degrees F. Air Temperatures Degree F. 30to45 0to30 Below 0 For Sections with Least Dimension Less than 12 in. 60 65 70 For Sections with Least Dimension 12 in. or Greater 50 55 60 c. If water or aggretate has been heated above 100 degrees F, combine the water with the aggregate in the mixer before cement is added. Cement shall not be mixed with water or with mixtures of water and aggregate when the temperature of the mixture is greater than 100 degrees F. 2. Hot Weather a. The maximum temperature of the concrete when delivered at the site of the work and just prior to placement in the forms shall be 85 degrees F. The maximum temperature of the concrete can be increased to 95 degrees F if a superplasticizer is used to reduce the water demand of the concrete mix and retard the time of set. The superplasticizer shall • be Master Builders 'Rheobuild 561", or approved equal and conform to ASTM C494. The slump criteria in Section 2.02.D. may be waived if super plasticizer is used. If the Contractor plans to use superplasticizer in any portion of the concrete work a mix design with superplasticizer will be submitted to the Ownei for approval. The mix design will include 28-day compressive strength data and the concrete temperature shall be 95 degrees F for the test cylinders. b. The ingredients shall be cooled before mixing, of crushed, shaved, or chipped ice will be used to replace all or part of the mixing water as necessary to maintain the temperature of the concrete below 85 degrees F (no superplasticizer in concrete) or 95 degrees F (superplasticizei in concrete) Liquid nitrogen can be used to cool the mixing water. If liquid nitrogen will be used to cool the mixing water the Owner reserves the right to inspect the concrete batching facilities. 09-11290 03300 -9 of 28 CITY OF PEARLAND CAST IN PLACE CONCRETE c. Use a retarding agent complying with ASTM C494 under the following conditions. 1) If the temperature of the concrete as placed is above 85 degrees F and superplasticizer is not used. 2) In cased drilled shafts regardless of the concrete temperature. 3) Where large pours are permitted, to allow all portions of remain plastic until adjacent concrete is placed. d. Contractor shall include in his base bid provisions for both hot and cold weather concreting during the execution of the Contact Work. Any request for extra compensation due to the requirements of these specifications with regards to hot and cold weather concreting procedures will not be considered valid by the Owner. 3.02 INSPECTION A. All reinforcement, before concrete is placed shall be free of mud, oil or other materials that may adversely affect or reduce the bond. Reinforcement with iust or mill scale, not removable by wire brush, will be accepted provided the weight dimensions, cross -sectional area, and tensile properties of a hand wire brushed test specimen are not less than the requirements of ASTM A615. All reinforcing steel shall be securely tied and supported to prevent displacement by construction loads or the placing of concrete. B. Inspect and clean column and wall forms of any debris. Close temporary openings provided for such cleaning before concrete placement is begun. Clean beam bottoms of debris and other foreign matter. C. Embedded Items 1. Place sleeves, inserts, anchors, and embedded items required for adjoining work or for its support prior to placing concrete. 3.03 CONSTRUCTION JOINTS A. General Construction joints not shown on the Drawings, including those requested by the Contractor to facilitate his construction procedures and those required by these Specifications, shall be shown on the concrete placement (monolith) drawings. Prepare and submit monolith drawings with deviations and changes clearly marked for the Owner's review and action. 09-11290 03300 -10 of28 CITY OF PEARLAND CAST IN PLACE CONCRETE B. Joints not shown on the Drawings shall, in general, be located near the quarter point of the spans of slabs, beams, and girders unless a beam intersects a girder at this point, in which case the joints in the girders shall be offset a distance equal to twice the width of the beam. Unless otherwise shown on Drawings, horizontal joints in walls and columns shall be at the underside of floor slabs, beams, or girders and at the top of footings or floor slabs. Place beams, girders, brackets, column capitals, haunches, and drop panels at the same time as slabs. Joints shall be perpendicular or parallel to the main reinforcement. Continue reinforcing steel and welded wire fabric across joints. Longitudinal keys at least 1-1/2 inches deep, or as shown in the plans, shall be provided in all construction joints. Width of keys will vary depending on the concrete dimensions. D. Clean surface of the concrete at all joints and remove laitance. 3.04 EXPANSION JOINTS A. Do not extend reinforcement or other embedded metal items bonded to the concrete (except dowels bonded only on one side of the joint) continuously through expansion joints. Premolded expansion joint filler shall comply with ASTM D1752, Type I (Sponge Rubber). Joint filler thickness and location shall be shown on the Drawings. C. The following joint sealant for horizontal applications, or Owner approved equal, shall be used: "SOF-SEAL" hot applied, single component, low modular joint sealant, as manufactured by W.R. Meadows, Inc (817) 834-1969. Expansion joint filler for horizontal applications shall be full depth and set straight or may be recessed for the joint sealant. If the joint filler is not recessed from the surface, saw or cut the filler and remove it to a depth of 1/2 the width of the joint filler. Clean and dry the surfaces thoroughly and prime with the manufacturer's recommended primer. The preparation of the joint filler and installation of the joint sealant shall be done in accordance with the manufacturer's instructions. D. Joint Sealant (Vertical Application) for vertical applications the following sealants or Ownei approved equal shall be used. 1. Sonnenborn "Sonlastic Sealant Two -Part" or "Sonolastic NP 11 " 2. W.R. Meadows, "Duathane Non -Sag Sealant" 09-11290 03300-11 of28 CITY OF PEARLAND CAST IN PLACE CONCRETE 3. Pecore, "Dynatrol I" 4. Woodmont Products, Inc. "Chem -Calk 500 Non -Sag" Hxpansion joint filler shall run the full width of the vertical joint and shall be set straight or may be recessed for the joint sealant. fhe preparation of the joint filler and installation of the joint sealant shall be done in accordance with the manufacturer's instructions. 3.05 PLACING A. General Conveying and depositing concrete shall comply with ACI 304. 1. Hai dened concrete and foreign materials shall be removed from the inner surfaces of the conveying equipment. 2. Before concrete placement may begin formwork shall be completed, snow, ice, and water shall be removed, reinforcement shall be secured in place, expansion joint material anchors, and other embedded items shall be installed, and the work shall be inspected by the Owner and approved. 3. Unless adequate protection is provided and the Owner has approved, concrete shall not be placed during lain, sleet, or snow. 4. Rainwater shall not be allowed to increase the mixing water nor to damage . the surface finish. When the air temperature is expected to be below 40 degrees F during concrete placing or within 24 hours after the concrete is placed, the teniperature of the plastic concrete as placed shall be no lower than 55 degrees F for sections with a dimension of 12 inches or less nor 50 degrees F • for sections with a least dimension of 12 inch or more. The requirements of ACI 306R shall apply foi cold weather concreting. 6. When the concrete temperature exceeds 85 degrees F the requirements of these specifications and ACI 305R shall apply for hot weather concreting. B. Conveying 1. Handle concrete from the mixer to the place of final deposit as rapidly as practical by methods which will prevent separation on loss of ingredients. 2. Truck mixers and agitators and their manner of operation shall comply with 09-11290 03300 -12 of 28 CITY OF PEARLAND CAST IN PLACE CONCRETE the applicable requirements of ASTM C94. 3. Pumping or pneumatic conveying equipment shall be of a suitable kind, without "Y" sections, and with adequate pumping capacity. Clean equipment at the end of each operation. Control pneumatic placement so segregation is not apparent in the discharged concrete. The loss of slump in pumping of pneumatic conveying equipment shall not exceed 2 inches. 4. Chutes, pipe and other conveying equipment shall not be constructed of aluminum or aluminum alloy. 5. Concrete for tennis court shall be conveyed to point of deposit by pumping or pneumatic conveying equipment. 6. Do not drive concrete truck or equipment over reinforcing or prepared subgrade to reach point of deposit. C. Depositing 1. General Deposit concrete continuously or in layers of not to exceed 12 inches in thickness such that no concrete will be deposited on concrete which has hardened sufficiently to cause the formation of seams or planes of weakness within the section. If a section cannot be placed continuously, locate construction joints at points as approved by the Owner. Continue concrete -placing at such a rate that the concrete which is being integrated with fresh concrete is plastic. Do not deposit concrete which has partially hardened or has been contaminated by foreign materials. Remove temporary spreaders in forms when the concrete placing has reached an elevation rendering their service unnecessary. They may remain embedded in the concrete only if made of metal or concrete and if prior approval by the Owner has been obtained. Do not place concrete in supported elements, such as floor systems, until 24 hours after the concrete in columns and walls under the elements was placed. 09-11290 03300 -13 of 28 CITY OF PEARLAND CAST IN PLACE CONCRETE • Consolidation Consolidation of concrete shall comply with the requirements of ACI 309 Standard Practice for Consolidation of Concrete. All concrete for the work shall be consolidated by vibration, spading, rodding, or forking unless the Owner waives the consolidation requirement foi a specific application. Consolidation shall work the concrete around reinforcement and other embedded items and into the corners of forms, eliminate all air or stone pockets which may cause honeycombing pitting or planes of weakness. 3.06 RETEMPERING Internal vibrators. Internal vibrators shall be chosen for minimum frequency and application pei Table 5.1.4 in ACI 309. The vibrators shall consolidate the concrete effectively Vibrators shall not be used to transport concrete in the forms. Vibrators shall be inserted vertically at a uniform spacing of 18 inches over the entire area of work. The vibrator shall penetrate to the bottom of the concrete layer and at least 6 inches into the preceding layei if there is such. The vibrator shall be held stationery for 5 to 15 seconds until consolidation is considered adequate, but segradation of the concrete is prevented. The vibiator shall be removed slowly. During removal the vibrator shall remain on until it is clear of the concrete. An operable spare vibiator shall be kept on the job site at all times. If in the opinion of the Owner the Contractoi does not have suitable equipment or manpower to adequately consolidate the concrete, the Owner will stop concreting operations until additional equipment or manpower has been obtained External vibrators which attach to forms or reinforcement will not be allowed. A. Mix concrete only in quantities for immediate use. Concrete which has set shall not be retempered and shall be discarded. • B. Indiscriminate addition of water to increase slump is prohibited. C. When concrete arrives at the project with slump less than suitable for placing, water may be added only if neither the maximum permissible water -cement ratio noi the maximum slump is exceeded. Incorporate water by additional mixing equal to at least half of the total required mixing time. Addition of water in excess of that permitted by the limitation on water -cement ratio shall be accompanied by the addition of a quantity of cement sufficient to maintain the proper water -cement ratio. Such cement addition shall be approved by the Owner. 09-11290 03300 -14 of 28 CITY OF PEARLAND CAST IN PLACE CONCRETE 3.07 REPAIR OF SURFACE DEFECTS A. General Surface defects, including tie holes shall be repaired immediately after form removal. B. Defective Areas 1. Minor honeycombed areas shall be chipped back to solid material, cleaned, coated with a bonding agent then grouted flush with surrounding surfaces. In exposed areas, mix grout to match color and texture of the surrounding area. Prepare sample mix for each area patched so texture and color may be compared for approval. 2. The patching mixtures shall be made of the same material and of approximately the same proportions as used for the concrete, except that the coarse aggregate shall be omitted and the mortal shall consist of not more than 1 part cement to 2-1/2 parts sand by damp loose volume. Substitute white portland cement for a part of the gray poi tland cement on exposed concrete in order to produce a color matching the color of the surrounding concrete, as determined by a trial patch. The quantity of mixing water shall be no more than necessary for handling and placing. Mix patching mortar in advance and allow to stand with frequent manipulation with a trowel, without addition of water, until it has reached the stiffest consistency that will permit placing. 3. When removal of defective concrete creates a void sufficiently deep to expose reinforcing steel, accomplish patching by cleaning the exposed area, coating with a bonding agent, and "dry -packing" to within 1/2 inch of the surface. After "dry -pack" has set, plaster area with grout as specified for honeycombed areas. Use Embeco Mortar 167, or approved equal for 'dry -packing' material. a. Other proven methods of patching defects in concrete may be used subject to prior approval of the Owner. b. Patching shall be done by craftsmen experienced in this work. c. Damp cure patched areas for a period of seven (7) days. 4. After surface water has evaporated from the area to be patched, brush bond coat into the surface. When the bond coat begins to lose the water sheen, apply pre -mixed patching mortar Consolidate mortar into place and strike off to leave the patch slightly higher than the surrounding surface. Leave undisturbed for at least 1 hour before being finally finished. Do not use 09-11290 03300 -15 of28 CITY OF PEARLAND CAST IN PLACE CONCRETE metal tools in finishing a patch in a formed wall which will be exposed. C. Tie Holes After being cleaned and thoroughly dampened, fill tie holes solid with patching mortar. Patch tie holes within seven (7) days attei removal of forms. D. Proprietary Materials Proprietary compounds for adhesion or as patching ingredients may be used in lieu of or in addition to the foregoing patching materials. Use such compounds in accordance with the manufacturer's recommendations and are subject to approval by the Owner. 3.08 FINISHING OF FORMED SURFACES A. General After removal of forms, give surfaces of concrete one o1 more of the finishes specified below in locations designated by the Contract Documents. 2. When finishing is required to match a small sample furnished to the Contractor, the sample finish shall be reproduced on an area at least 100 square feet in an inconspicuous location designated by the Ownei before proceeding with the finish in the specified location. B. As -Cast Finishes 1. Rough Form Finish Foim finish surfaces with no requirements for selected facing materials shall be true to line and plane. Patch tie holes and defects. Fins exceeding 1/4 inch in height shall be chipped or rubbed off. Otherwise, leave surfaces with the texture imparted by the forms. 2. Smooth Form Finish The form facing material shall produce a smooth, uniform texture on the concrete. It may be plywood, tempered concrete -form -grade hardboard, metal, plastic, paper or other approved material capable of producing the specified finish. The arrangement of the facing material shall be orderly and symmetrical, with the number of seams kept to the practical minimum. Do not use material with raised grain, torn surfaces, worn edges, patches, dents, or other defects which will impair the texture of the concrete surface. Patch tie holes and defects. Remove fins completely. Support facing material by 09-11290 03300 -16 of28 CITY OF PEARLAND CAST IN PLACE CONCRETE studs or other backing capable of preventing excessive deflection. (See Section 03100) C. Rubbed Finishes Produce the following finishes on concrete with a smooth form finish. Where smooth rubbed finish is to be applied, the forms shall have been removed and necessary patching completed as soon after placement as possible without Jeopardizing the structure. 1. Smooth Rubbed Finish Produce smooth rubbed finish on newly hardened concrete no later than 24 hours after form removal. Do necessary patching immediately after forms have been removed. Wet and rub surfaces with carborundum brick or other abrasive until a uniform color and texture are produced. No cement grout or slush shall be used other then the cement paste drawn from the concrete itself by the rubbing process. 2. Grout Cleaned Finish No cleaning operations shall be undertaken until all contiguous surfaces to be cleaned are completed and accessible. Cleaning as the work progresses shall not be permitted. Mix 1 part portland cement and 1-1/2 parts fine sand with sufficient water to produce a grout having the consistency of thick paint. White portland cement shall be substituted foi a part of the gray portland cement in order to produce a color matching the color of the surrounding concrete, as determined by a trial patch. Wet the surface of the concrete sufficiently to prevent absorption of water from the grout and apply the grout uniformly with brushes or a spray gun. Immediately after applying the grout, scrub the surface vigorously with a cork float or stone to coat the surface and fill all air bubbles and holes. While the grout is still plastic remove all excess grout by working the surface with a rubber float, sack, or other means. After the surface whitens from drying (about thirty minutes at normal temperatures), rub vigorously with clean burlap. The finish shall be kept damp for at least 36 hours. after final rubbing. 3. Cork Floated Finish Remove forms at an early stage, within 2 to 3 days of placement where possible. Remove ties. Remove all burrs and fins. Mix one part portland cement and one pai t fine sand with sufficient water to produce a stiff mortar. Dampen wall surface. Apply mortar with film rubber float or with trowel, filling all surface voids. Compress mortar into voids using a slow -speed grinder or stone. If the mortai surface dries too rapidly to permit proper 09-11290 03300 -17 of 28 CITY OF PEARLAND CAST IN PLACE CONCRETE compaction and finishing, apply a small amount of water with a fog sprayer. Produce the final texture with a cork float using a swirling motion. D. Paint Type Finish 1. Paint Type Finish The finish shall be a paint -type material, consisting of a synthetic elastomer-polyester base compound, containing fiber glass, asbestos, mica and perlite texturing material, which when applied by one coat spray application at the rate of 45 plus or minus 5 square feet pei gallon will yield an acceptable textured coating. Color will be selected by the Owner. 2. Preparation of Concrete Surfaces Prepare new concrete surfaces, including floors, which require coating by removing all dirt dust, efflorescence, oil and grease stains curing compounds o1 other foreign substances by wire or fiber brushing, scrapers, or light sandblasting. Remove surface glaze, if present, by light blasting or by scrubbing with a 5 percent solution of phosphoric acid Follow phosphoric acid treatment by rinsing the surfaces with water and allowing to dry For interior walls and floors, restrict sandblasting to the wet or vacuum type. Prior to mechanical cleaning, remove oil or grease by solvent cleaning. Patch air holes, ties holes and other imperfections in concrete surfaces using a sack rubbed finish. Allow new concrete surfaces receiving paint to age for a minimum of 28 days before being painted. Protect surfaces not to be coated. 3.09 SELECTION OF FINISHES Engineer preparing specifications shall choose appropriate finishes for the specific project. 3.10 RELATED UNFORMED SURFACES Strike tops of walls or buttresses, horizontal offsets, and similar unformed surfaces occurring adjacent to formed surfaces smooth after concrete is placed and float to a texture reasonably consistent with that of the formed surfaces. Continue final treatment on formed surfaces uniformly across the unformed surfaces. 09-11290 03300 -18 of 28 CITY OF PEARLAND CAST IN PLACE CONCRETE 3.11 SLABS A. Preparation of Subgrade for Slabs on Ground 1. Prepare subgrade and base to conform to these Specifications and to grade and lines shown on the Drawings. 2. The subgrade shall be free of frost before concrete placing begins. If the temperature where concrete is to be placed is below freezing, it shall be raised and maintained above 50 degiees F long enough to remove frost from the subgrade. 3. The subgrade shall be moist at the time of concreting. If necessary, dampen with water in advance of concreting, but there shall be no free water standing on the subgrade nor any muddy or soft spots when the concrete is placed. B. Edge Forms and Screed Set edge forms and intermediate screed strips accurately to produce the designed elevations and contours in the finished surface. They shall be sufficiently strong to support vibrating screeds of roller pipe screeds if the nature of the finish specified requires the use of such equipment. Align concrete surface to the contours of screed strips by the use of strike -off templates or approved compacting type screeds. When the formwork is cambered, set screed to a like camber to maintain the proper conciete thickness. C. Placement Mixing and placing shall be carefully coordinated with finishing Conciete shall not be placed on subgrade or forms more rapidly than it can be spread, straight edged or bull floated. The operations must be complete before bleed water has an opportunity to collect on the surface. The size of finishing crews shall be planned with due regard for the effects of conciete temperature and atmospheric conditions on the rate of hardening of concrete. The Contractor shall use retarder or superplasticizer to facilitate finishing operations in hot weather. D. Jointing Joints in slabs shall be as shown on the Drawings or approved by the Owner. The joint type shall be detailed on the Drawings. If saw -cut Joints are allowed or required, cutting shall start as soon as the concrete has hardened sufficiently to prevent aggregates fiom being dislodged by the saw, and shall be completed before shrinkage stresses become sufficient to produce cracking. 09-11290 03300 -19 of 28 CITY OF PEARLAND CAST IN PLACE CONCRETE E. Consolidation 1 General. Consolidate concrete in slabs thoroughly. Use internal vibration in beams and girders for framed slabs and along the bulkheads of slabs on grade. Obtain consolidation of slabs with vibrating screeds, roller pipe screeds or internal vibrators. F. Finishes 1. General Tolerances referenced below for the various slab finishes shall conform to the following: Finishes with Class A tolerances shall be true planes within 1/8 inch in 10 feet as determined by a 10-foot straightedge placed anywhere on the slab in any direction. b. Finishes with Class B tolerances shall be true planes within 1/4 inch in 10 feet as determined by a 10-foot straightedge placed anywhere on the slab in any direction. c. Finishes with Class C tolerances shall be true planes within 1/4 inch in 2 feet as determined by a 2-foot straightedge placed anywhere on the slab in any direction. 2. Parking Areas and Walkways Parking areas and walkways shall have Class B tolerances. • 3. Floated Finish After the concrete has been placed, consolidated, struck off, and leveled, do not work concrete further until ready fot floating. Begin floating when the water sheen has disappeared and when the surface has stiffened sufficiently to permit the operation. During or after the first floating, check planeness of surface with a 10-foot straightedge applied at not less than two different angles. Cut down high spots and fill low spots during this procedure to produce a surface within Class B tolerance throughout. Refloat slab immediately to a uniform sandy texture. 4. Broom or Belt Finish hnmediately after the concrete has received a float finish it shall be given a coarse transverse scored texture by drawing a broom or burlap belt across the surface. 09-11290 03300 -20 of 28 CITY OF PEARLAND CAST IN PLACE CONCRETE Selection of Finishes Provide the following finishes for different applications. 1. Broom Finish For exposed footings, sidewalks, ramps, exterior platforms and landings. 3.12 CURING ANI) PROTECTION A. General Curing and protection shall comply with the requirements of ACI 308. Protect freshly deposited concrete from premature drying, excessively hot or cold temperatures, and excessive moisture loss for a period of time necessary for the hydration of the cement and proper hardening of the concrete. The Conti actor's methods and materials to be used in curing shall be approved by the Owner. B. Protection 1. Weather Conditions a. Unless adequate approved protection is provided, do not place concrete during rain, sleet, or snow. b. Do not allow rainwater to increase the mixing water or to damage the surface finish. Hot Weather Prevention of rapid surface drying occurs when the rate of surface evaporation exceeds 0.20 pounds per square foot per hour. If plastic cracking is indicated, take precautions to reduce the evaporation to an acceptable level. Such precautions include: • Building wind breaks to reduce air movement over the concrete surfaces. b. Reducing the concrete temperature. c. Increasing the relative humidity near the surface of the concrete with fogging equipment. d. Adding retarder or superplasticizer to the concrete. 09-11290 03300 -21 of 28 CITY OF PEARLAND CAST IN PLACE CONCRETE e. Scheduling concrete pours to be started in the late afternoon continuing into the night for large concrete pours. f. Scheduling concrete pours to be started in the early morning hours. The curing of the concrete will be very important for concrete placed during the hot summer months, refer Section 3.12.C. g. Follow additional recommendations of ACI 305R. (Hot Weather Concreting). 3. Cold Weather When the mean daily outdoor temperature is less than 40 degrees F, the temperature of the concrete shall be maintained between 50 and 70 degrees F for the required curing period. When necessary, Contractor shall make arrangements for heating, covering, insulating, or housing the concrete work in advance of concrete placement. The heating equipment shall not dry the concrete surface to fast or cause damage due to concentration of heat. Combustion heaters shall not be used during the first 24 hours after concrete placement unless precautions are taken to prevent exposure of the concrete to exhaust gases which contain carbon dioxide. The recommendations of ACI 306R (Cold Weather Concreting) shall be as followed. 4. Protection from Mechanical Injury During the curing period, protect concrete from damaging mechanical disturbances, such as load stresses, heavy shock, and excessive vibration. Protect finished concrete sui faces from damage caused by construction equipment, materials, or methods, and by rain or running water. Do not load self-supporting structures in such a manner as to overstress the concrete. C. Curing 1. Initial Curing Keep concrete continuously moist at least 18 hours. Use one of the following materials or methods following the finishing: a. Ponding or continuous sprinkling. b. Absorptive cover kept continuously wet. c. Sand kept continuously wet. 09-11290 03300 -22 of 28 CITY OF PEARLAND CAST IN PLACE CONCRETE d. Continuous steam (not exceeding 150 F.) or vapor mist spray. Curing compounds complying with ASTM C309. Apply compound in accordance with the recommendations of the manufacturer immediately after any water sheen has disappeared from the concrete surface. Do not use on surfaces against which additional concrete or other cementitious finishing materials are to be bonded unless it is proven that the curing compound will not prevent bond, or unless positive measures are taken to remove it completely from areas to receive bonded applications. Concrete surfaces where forms have not been loosened or removed do not require any initial curing procedures during the time forms are left intact. This applies tor the first 18 hours only Concrete surfaces where forms have been loosened but not removed shall have water applied between the form and the concrete and be kept moist during the 18 hour initial curing period. 2. Final Curing Immediately following the initial curing and before the concrete has dried, final curing shall be accomplished by one of the following materials or methods: a. Continuation of the method used in initial curing. Application of moisture -retaining cover. c. Concrete surface where forms have not been removed shall be kept moist with water for the remaining curing period. d. Concrete surfaces where forms where loosened during the initial curing period, but removed during the final curing period shall be cured by one of the methods described in Section 1, "Initial Curing". 3. Duration of Curing The curing procedures described above shall continue for a period of 7 days. If test cylinders are made and kept adjacent to the structure and cured by the same methods, moisture retention measures may be terminated when the average compressive strength has reached 70 percent of the specified concrete 28-day compressive strength. Moisture retention measures may be terminated when the temperatuie of the concrete is maintained a minimum of 50 degrees F for the same length of time that laboratory cured cylinders, 09-11290 03300 -23 of 28 CITY OF PEARLAND CAST IN PLACE CONCRETE representative of the concrete in -place, required to achieve 85 percent of the specified 28-day compressive strength. 4. Procedures The Owner will review the Contractor's proposed methods of curing, including the procedures the Contractor intends to use during hot or cold weather as applicable. The Owner will require the Contractor to take whatever steps necessary to adequately protect the concrete from the effects of hot or cold weather duiing the curing period. 3.13 TESTING A. General Routine testing of materials and structural concrete for compliance with requirements of the Specifications shall be performed by the Owner's independent testing agency. 2. Special testing of field cured cylinders for determining form removal or testing required because of changes in materials or proportions of the mix requested by the Contractor, as well as extra testing of concrete or materials occasioned by failure to meet specification requirements, shall be performed by the Owner's testing agency, with the costs of the tests to be paid for by the Owner, except for retests due to failure of concrete to meet specifications. B. Testing Services 1. The designated testing agency will: a. Test the Contractor's proposed materials for compliance with the Specifications. b. Review and check the Contractor's proposed mix design. c. Obtain production samples of materials at plants or stockpiles during the course of the work. d. Conduct compressive strength tests of the concrete in accordance with the following• 1) Secure composite samples in accordance with ASTM C 172. Obtain each strength test from a different batch of concrete on a representative, random basis avoiding selection of the test batch other than by a number selected at random before commencement 09-11290 03300 -24 of 28 CITY OF PEARLAND CAST IN PLACE CONCRETE of concrete placement. When pumping or pneumatic equipment is used, take samples at the discharge end. 2) Mold four (4) specimens for each strength test in accordance with ASTM C31 and cure under standard moisture and temperature conditions. 3) Test one of the three specimens at seven days. Test two specimens at 28 days. The 28-day test result shall be the average of the strength of the two specimens. If one specimen in the 28-day strength test manifests evidence of improper sampling, molding or testing, discard and consider the strength of the remaining specimen the test result. If both specimens in a test show any of the above effects, discard the entire test. All tests shall be in accordance with ASTM C39. 4) Make one strength test for each 100 cubic yards, or fraction thereof, of concrete in each monolithic placement. A minimum of one strength test shall be taken for each day's concreting operations regardless of the cubic yards of concrete being placed. In no case during the life of the project shall a given mix design be represented by less then five tests. 5) Determine air content and slump of concrete on a regular and frequent basis in accordance with ASTM C231 and C143. 6) Report all test results to the Owner and the Contractor on the same day that tests are made. 2. The testing agency will perform the following additional services, as directed by the Owner's: a. Check batching and mixing operations to the extent deemed necessary. b. Review the manufacturer's report of each shipment of cement and reinforcing steel or conduct laboratory test or spot check of these materials as received. c. Mold and test reserve 7-day or field cylinders as required or perform additional services as authorized by the Contractor at his expense. C. Responsibilities and Duties of Contractor. The Contractor's duties in connection with testing shall include but not be limited to: 1. Furnishing all materials needed for required testing. 09-11290 03300 -25 of 28 CITY OF PEARLAND CAST IN PLACE CONCRETE 2. Submitting to the Owner the concrete mix designs he proposes to use and making written request foi approval. 3. Furnishing labor as is necessary to assist the Owner in obtaining and handling samples at the project or at other sources of materials. 4. Advise the Owner in advance of construction operations to allow for completion of quality tests and for the assignment of personnel. 5. Furnish copies of certified test reports of all shipments of cement and reinforcing steel to the Owner. 3.14 EVALUATION OF CONCRETE STRENGTH A. Evaluation of Test Results The strength level of the concrete will be considered satisfactory when the averages of all sets of three consecutive strength test results equal or exceed the specified strength and no individual strength test result falls below the specified strength by more than 500 psi. For evaluation of potential strength and uniformity, each type and specified strength of concrete shall be represented by at least five tests. B. Core Test 1. Impact hammers, sonoscopes, or other nondestructive testing devices may be used to determine relative strengths of various areas of the structure as an aid in determining location of areas to be cored. Do not use such nondestructive test as a basis for acceptance or rejection. • 2. When required obtain cores at least 2 inches in diameter and test in accordance with ASTM C42. 3. Take at least three representative cores from each member or area of concrete in place that is considered potentially deficient. The location of cores will be determined by the Owner so as to least impair the strength of the structure Cores may not be taken from any part of the structure, if in the opinion of the Owner it will impair the safety of the structure. If, before testing, one or more of the cores show evidence of having been damaged subsequent to or during removal from the structure, additional cores may be required. If the concrete in the structure will be dry under service conditions, air dry the cores (temperature 60 to 80 F., relative humidity less than 60 096-11290 03300 -26 of28 CITY OF PEARLAND CAST IN PLACE CONCRETE percent) for 7 days before test and test dry. If the concrete in the structure will be more than superficially wet under service conditions, test cores after moisture conditioning in accordance with ASTM C42. 4. Concrete in the area represented by a core test will be considered adequate if the average strength of the cores is equal to at least 85 percent of, and if no single core is less than 75 percent of, the specified strength. 5. Plug cores holes solid as specified for defective areas. Cores containing reinforcing steel may be unacceptable and additional cores may be required. 3.15 ACCEPTANCE OF CONCRETE WORK A. Concrete Compressive Strength Allow additional curing for concrete which fails to meet the compressive strength requirements and modify the concrete mix design for the remaining concrete work, at no additional cost to the Owner. B. Structural Tolerances Formed surfaces resulting in configuration of members smaller than permitted under the tolerances allowed in ACI 347 will be considered deficient in strength and shall be treated as specified below. 2. Formed surfaces resulting in configuration of members larger than permitted under the tolerances allowed in ACI 347 may be rejected and the excess material removed. Remove excess material in such a manner as to maintain the strength of the section and to meet applicable requirements of function and appearance. 3. Concrete members cast in the wrong location may be rejected if the strength, appearance or function of the structure is adversely affected or misplaced members interfere with other construction. If rejected, remove members cast in the wrong location and replace correctly. 4. Finished flatwork exceeding the specified tolerances may be repaired provided that strength or appearance is not adversely affected. High spots may be removed with a terrazzo grinder low spots filled in with an approved patching compound (to be approved by the Owner) or other remedial measures performed as permitted by the Owner. 09-11290 03300 -27 of 28 CITY OF PEARLAND CAST IN PLACE CONCRETE C. Strength of Structure 1. The strength of any structure in place will be considered potentially deficient if it fails to comply with any requirement which controls the strength of the structure. The Contiactor may make a structural analysis of any structure considered potentially deficient by the Owner. It the analysis indicates the completed structure will be suitable foi its intended use, it may be accepted, subject to the approval of the Owner. In addition to the structural analysis, core tests to check the concrete strength may be required and shall be performed by the Contractor at no additional cost to the Owner. 2. If core tests are inconclusive or impractical to obtain and structural analysis does not confirm the safety of the structure load tests may be required at no additional cost to the Owner. The results shall be evaluated in accordance with ACI 318. 3 The additional requirements of ACI 301 concerning strength of structure shall apply. 4. Reinforced concrete work judged inadequate by structural analysis or by load test shall be reinforced with additional construction or replaced at no additional cost to the Owner. Additional construction shall be approved by the Owner prior to the start of the work. FND OF SECTION 09-11290 03300 -28 of 28 CITY OF PEARLAND MASONRY MORTAR 1.0 GENERAL Section 04100 MASONRY MORTAR Drawings, Standard General Conditions of Contract, Supplementary Conditions and Division-1 Specification sections, apply to work of this section. 1.01 DESCRIPTION Mortar for unit masonry and stone masonry 1.02 REFERENCES A. ASTM C 91 — Masonry Cement. B. ASTM C 144 — Aggregate for Masonry Mortar. C. ASTM C 150 — Portland Cement. D. ASTM C 207 — Hydrated Lime for Masonry Purposes. E ASTM C 476 — Mortar for Unit Masonry. 1.03 SUBMITTALS A. Submit under provisions of Section 01340 B. Samples: Mortar color chart for color selection. C. Mortar Mix Design: For compressive strength of 1,800 psi or greater 1.04 QUALITY ASSURANCE Use same source or brand of masonry mortar materials for the duration of the Project. 1.05 MATERIAL STORAGE Store mortar materials in a dry location, off the ground and under cover during the life of the project. 09-11290 04100 -1 of 3 CITY OF PEARLAND MASONRY MORTAR 2.0 PRODUCTS 2.01 MATERIALS A. Portland Cement: ASTM C 150, Type I. Use Type III high -early strength for laying masonry in cold weather. B. Masonry Cement: ASTM C 91, with 12 percent maximum air content by volume. C. Hydrated Lime: ASTM C 207, Type N. D. Aggregates: ASTM C 144. E Water: Clean, free of deleterious amounts of acids, alkalis, or organic materials. F. Mortar Color: As selected by A/E. Provide separate colors for stone and CMU. 2.02 MORTAR MIXES A. Provide mortar mix that conforms to approved mix design. B. Do not lower the freezing point of mortar by use of admixtures or anti -freeze agents. The use of calcium chloride in mortar is not permitted. C. Provide mortar mix that conforms to approved color. 3.0 EXECUTION 3.01 MIXING A. Mixing mortar with sufficient water for minimum of three minutes in a drum type batch mixer. Mix mortar thoroughly and only in such quantity as is needed for immediate use. Use mortar within two hours after mixing. Discard mortar not used within specified time. Clean mixer after four or five batches have been mixed. B. Add water to lime at least 24 hours before mixing it with other materials. C. Mortars that have stiffened within time interval stated above because of evaporation of moisture may be retempered to restore workability by adding water. Do not retemper mortar that has reached initial set. D. In cold weather, heat sand or water sufficiently to maintain temperature of mortar above 50 degrees F as follows: 1. Heat sand or mixing water: 40 degrees F to 32 degrees F. 09-11290 04100 -2 of 3 CITY OF PEARLAND MASONRY MORTAR 2. Ileat sand and mixing water: 32 degrees F to 20 degrees F. 3.02 MEASURING MATERIALS A. Measure materials by volume or equivalent weight. B. Do not measure by shovel. END OF SECTION 09-11290 04100 -3 of 3 CITY OF PEARLAND MANUFACTURED STONE MASONRY Section 04200 MANUFACTURED STONE MASONRY 1.0 GENERAL 1.01 DESCRIPTION A. Manufactured stone masonry 1.02 RELATED SECTIONS A. Section 04100 — Masonry Mortar B. Section 04300 — Unit Masonry System 1.03 REFERENCES A. ASTM C 150 — Standard Specification for Portland Cement. B. ASTM C 1116 - Standard Specification for Fiber -Reinforced Concrete and Shotcrete. C. ASTM C 1364 — Standard Specification for Architectural Cast Stone. D. Cast Stone Institute Standard Specification (www caststone.org) 1.04 SAMPLES A. Submit samples as specified in Section 01340 — Shop Drawings, Product Data and Sample B. Samples: Three full size samples for each color selection, illustrating range of color and texture to be anticipated in components furnished foi the project. C. Product Data: Submit manufacturer's product data. 1.05 TEST REPORTS A. Test Reports: Submit manufacturer's test results of cast stone components made previously by manufacturer using materials from same sources proposed for use in project. 09-11290 04200 -1 of 6 1.06 QUALITY ASSURANCE A. Manufacturer Qualifications: manufacturer having sufficient plant facilities to produce the shapes, quantities and size of Products required in accordance with the project schedule. B. Installer. Company or person specializing in commercial masonry work with 10 years experience. C. Mock-up: 48 inch by 48 inch by full depth cast stone samples for installation in mock-up of extei for wall. Approved mock-ups will become standard for appearance and workmanship Mock-ups shall not remain as part of the completed Worlc. At Landscape Architect's direction, demolish mock-ups and remove debris 1.07 DELIVERY, STORAGE AND HANDLING A. Deliver calcium silicate masonry units in protective film. Prevent damage to units. B. Lift skids with proper and sufficiently long slings or forks with protection to prevent damage to units. Protect edges and corners. C. Store units in a manner designed to prevent damage and staining of units. D. Stack units on timbers or platforms at least 3 inches above grade. E. Place polyethylene or other plastic film between wood and other finished surfaces of units when stored for extended periods of time. F. Cover stored units with protective enclosure if exposed to weather. 2.0 PRODUCTS 2.01 MANUFACTURERS A. Manufacturers of calcium silicate masonry units having Products considered acceptable for use: 1. Stone Castle Industries, Inc. — Eric Huegele (713.440.6224) 3615 Almeda Genoa Road, Houston, TX 77047 2.02 MATERIALS A. Calcium Silicate Masonry Units (Georgia): to ASTM C73, Grade SW; solid units that have been pressure formed and autoclaved; 3-5/8" bed depth; special shapes as indicated• and as follows: 1. Modular Size: height and length as indicated on Drawings; 09-11290 04200 -2 of 2 CITY OF PEARLAND MANUFACTURED STONE MASONRY 2. Texture: finish as scheduled on exposed faces and ends; 3. Color: color as scheduled; 4. Compressive Strength: 6,815 psi, when tested to ASTM C170. 5. Absorption: 10.3 percent, when tested to ASTM C97. 6. Density : 120 lb/ft3, when tested to ASTM C97. 7. Modulus of Rupture: 800 psi, when tested to ASTM C99. B. Mortar: Refer to Section 04100 — Masonry Mortar C. Grout: maximum 6,500 psi at 28 days D. Wall Ties and Anchorages: Non -corrosive type, sized for conditions. Type 304 stainless steel E Joint Sealants and Backer Rods: non -staining type, as specified in the Drawings 2.03 FABRICATION TOLERANCES A. Fabricate calcium silicate masonry units to the following tolerances: 1 Unit Length: plus or minus 1/16". 2. Unit Height: plus or minus 1/16". 3. Deviation from Square: plus or minus 1/16", with measurement taken using the longest edge as the base. 4. Bed Depth: plus or minus 1/8". 5. Custom Unit Dimensions: plus or minus 1/8". 3.0 EXECUTION A. As Indicated on the Drawings, and as per the Manufacturer's instructions. • • 3.01 EXAMINATION A. Verify site conditions are ready to receive work. B. Inspect materials for fit and finish prior to installation. Do not set unacceptable units. C. Beginning of installation means acceptance of existing conditions. 3.02 CUTTING MASONRY UNITS A. Cut masonry units with wet -saw. B. Pre-soak units using clean water prior to cutting. 09-11290 04200 -3 of 6 C. Clean cut units using a stiff fiber brush and clean water. Allow units to surface diy prior to placement. D. Finish cut edges to match face when exposed in wall. 3.03 WETTING MASONRY UNITS A. Where the ambient air temperature exceeds 100°F or exceeds 90°F with a wind velocity greater than 8 mph, pre -wet masonry units. B. Lay wetted units when surface dry. 3.04 COURSING A. Place masonry to lines and levels indicated. B. Maintain masonry courses to uniform width. Make vertical and horizontal joints equal and of uniform thickness. C. Lay masonry units as shown in the Drawings D. Course one masonry unit and one mortar joint to equal 4 inches. D. Maintain mortar joint thickness of 3/8 inch. • E. Tool joints when thumbprint hard, to a concave finish. 3.0.5 PLACING AND BONDING A. Lay masonry in full bed of mortar, properly jointed with other work. Buttering corners of joints, deep or excessive furrowing of mortar joints are not permitted. B. Fully bond intersections, and external corners. C. Do not adjust masonry units after laying. Where resetting of masonry is required, remove, clean units and reset in new mortar. • E Install wall ties and anchorages as specified in the Drawings. 3.06 SITE TOLERANCES A. Comply with Cast Stone Institute Standard Specification. 1. Variation from Plumb: Do not exceed 1/8 inch in 5 feet (3 mm in 1.5 m) or ''A inch in 20 feet (6mm in 6 m) or more. 09-11290 04200 -4 of 4 CITY OF PEARLAND MANUFACTURED STONE MASONRY 2. Variation from Level: Do not exceed 1/8 inch in 5 feet (3 mm in 1.5 m), `/� inch in 20 feet (6 mm in 6 m), or 3/8 inch (9 mm) maximum. 3. Variation in Joint Width: Do not vary joint width more than 1/8 inch (3 mm) or of nominal joint width, whichever is greater. 4. Variation in Plane between Adjacent Surfaces: Do not exceed 1/8 inch (3 mm) difference between planes of adjacent components or adjacent surfaces indicated to be flush with components. 3.07 FIELD QUALITY CONTROL A. Perform inspection and testing as specified in the Cast Stone Institute Standard Specifications. B. Landscape Architect Inspection• Landscape Architect will inspect installed masonry and reject masonry that is chipped cracked, or blemished (streaked, stained or otherwise damaged), as described below. 1. Masonry will be inspected to be free of cracks or other blemishes on the finished face or front edges of the masonry units exceeding 3/8 inch or that can be seen from a distance of 10 feet. 2. Units shall exhibit a texture approximately equal to the approved sample when viewed under diffused daylight illumination at a 20 foot distance. 3. Minor chipping resulting from shipment and delivery shall not be grounds for rejection. Minor chips shall not be obvious under diffused daylight illumination from a 20 foot distance. 4. Efflorescence will not be cause for rejection. However, efflorescence must be treated and removed prior to acceptance by the Owner. 3.08 ADJUSTING AND CLEANING A. Repair chips on smooth finished units with patch kits furnished by manufacturer. B. Clean cast stone components as work progresses. Clean exposed cast stone, after mortar is thoroughly set and cured. C. Use alternative cleaning solutions and methods for difficult to clean masonry only after consultation with masonry unit manufacturer. D. Remove mortar fins and smears before tooling joints. 3.09 WATER REPELLANT A. Apply silane or siloxane water repellant for weatherproofing cast stone in 09-11290 04200 -5 of 6 accordance with manufacturer's instructions. B. Apply water repellant after pointing, repair, cleaning, inspection, and acceptance are completed. 3.10 PROTECTION A. Protect units from damage resulting from subsequent construction operations. B. Use protection materials and methods which will not stain or damage units. C. Remove protection materials upon Substantial Completion, or when risk of damage is no longer present. END OF SECTION • • 09-11290 04200 -6 of 6 CITY OF PEARLAND UNIT MASONRY SYSTEM 1.0 GENERAL Section 04300 UNIT MASONRY SYSTEM Drawings, Standard General Conditions of Contract, Supplementary Conditions and Division-1 Specification sections, apply to work of this section. 1.01 SECTION INCLUDES A. Concrete masonry units. B. Reinforcement, anchorage, and accessories. 1..02 REFERENCES A. ACI 530 — Building Code Requirements for Masonry Structures. B. ACI 530.1 — Specifications for Masonry Structures. C. ASTM A 641 — Zinc Coated (Galvanized) Carbon Steel Wire. D. ASTM C 90 — Load -Bearing Concrete Masonry Units. 1.03 SUBMITTALS A. Submit under provisions of Section 01340 B. Samples: 1. Concrete Units: Submit two full size concrete masonry units to show texture, finishes, and dimensions. C. Manufacturer's Certificate: Certify that Products meet or exceed specified requirements. 1.04 QUALITY ASSURANCE A. Perform Work in accordance with ACI 530, ACI 530.1. B. Maintain one copy of each document on site. C. Installer Qualifications: Company specializing in masonry systems specified in this section and on the Drawings, with minimum five years documented experience. 09-11290 043001 of 5 CITY OF PEARLAND UNIT MASONRY SYSTEM 1.05 REGULATORY REQUIREMENTS Conform to applicable Building Code requirements for masonry construction. 1.06 ENVIRONMENTAL REQUIREMENTS Maintain materials and surrounding air temperature to minimum 40 degrees F prior to, during, and 48 hours after completion of masonry work. 1.07 COORDINATION Coordinate the masonry work with openings and chases for heating, plumbing, and electrical ducts, pipes, and conduits built into masonry walls. Provide for installation of bolts, toggles, flashing, beams, anchors, hangers, nailing strips, wall plugs, and frames. 2.0 PRODUCTS 2.01 FACE BRICK — Not Used 2.02 CONCRETE MASONRY UNITS A. Hollow Load Bearing Block Units (CMU): ASTM C 90, Type I — Moisture Controlled normal weight; standard and split face. B. Size and Shape: As noted on the Drawings. 2.93 REINFORCEMENT AND ANCHORAGE A. Single Wythe Joint Reinforcement: 1. Truss type; steel wire, hot dip galvanized to ASTM A 641, 3/16-inch side rods with cross ties. 2. Manufacturers a. AA Wire Products Company b. Dur-O-Wa1, Inc c. Heckman Building Products d. Hohman and Barnaid, Inc e. Masonry Reinforcing Corp. of America B. Veneer Wall Ties: Corrugated 22 gauge galvanized iron ties 7/8-inch by 7 inches. 2.06 LINTELS AND BEAMS — Not Used 3.0 EXECUTION 09-11290 04300 -2 of 5 CITY OF PEARLAND UNIT MASONRY SYSTEM 3.01 EXAMINATION A. Verify that field conditions are acceptable and are ready to receive work. B. Verify items provided by other sections of work are properly sized and located. C. Verify that built-in items are proper location, and ready for roughing into masonry work. 3.02 PREPARATION A. Direct and coordinate placement of metal anchors supplied to other sections. B. Provide temporary bracing during installation of masonry work. Maintain in place until building structure provides permanent bracing. 3.03 COURSING A. Establish lines, levels, and coursing indicated. Protect from displacement. B. Maintain masonry courses to uniform dimension. Form vertical and horizontal joints of uniform thickness. C. Concrete Masonry Units: 1. Bond: Running. 2. Block Coursing: One unit and one mortar joint to equal 8 inches. 3. Mortar Joints: Tooled, Concave. 3.04 PLACING ANI) BONDING • A Lay solid masonry units in full bed of mortar, with full head joints, uniformly jointed with other work. B. Lay hollow masonry units with face shell bedding on head and bed joints. C. Buttering corners of joints or excessive furrowing of mortar joints is not permitted. D. Remove excess mortar as work progresses. E. Do not shift or tap masonry units after mortar has achieved initial set. Where adjustment must be made, remove mortar and replace. F. Perform job site cutting of masonry units with proper tools to provide straight, clean, unchipped edges. Prevent broken masonry unit cornei s or edges. 09-11290 04300 -3 of 5 CITY OF PEARLAND UNIT MASONRY SYSTEM G. Cut mortar joints flush where cement parging is required. H. Isolate masonry partitions from vertical structural framing members with a control joint. 3.05 WEEPS Install weeps as shown on the Drawings 3.06 REINFORCEMENT AND ANCHORAGE A. Continuously reinforce mortar joints 16 inches on center vertically in solid masonry walls B. Provide ties at 8 inches on center where masonry walls intersect. Install ties in masonry veneer walls 16 inches on center vertically. 3.07 LINTELS — Not Used 3.08 EXPANSION JOINTS Provide where shown on Drawings. 3.09 BUILT-IN WORK A. As work progresses, install items to be built-in the work and furnished by other sections. B. Install built-in items plumb and level. 3.10 TOLERANCES A. Maximum Variation from Alignment of Columns: 1/4-inch. B. Maximum Variation from Unit to Adjacent Unit: 1/16-inch. C. Maximum Variation from Plane and Wall: 1/4-inch in 10 feet and 1/4-inch in 20 feet or more. D. Maximum Variation from Plumb: 1/4-inch per story noncumulative; 1/4-inch in two stories or more. E Maximum Variation from Level Coursing: 1/8-inch in 3 feet and 1/4-inch in 10 feet; 1/4- inch in 30 feet. F. Maximum Variation of Joint Thickness: 1/8-inch in 3 feet. 09-11290 04300 -4 of 5 CITY OF PEARLAND UNIT MASONRY SYSTEM G. Maximum Variation from Cross Sectional Thickness of Walls: 1/4-inch. 3.11 CUTTING AND FITTING A. Cut and fit for chases, pipes, conduit, sleeves, and grounds. Coordinate with other sections of work to provide correct size, shape, and location. B. Obtain approval prior to cutting or fitting masonry work not indicated or where appearance or strength of masonry work may be impaired. 3.12 PARGING A. Dampen masonry walls prior to parging. B. In cavity walls, solidly parge inner wythe masonry. In solid masonry walls, vertical longitudinal joints between face brick and cement masonry shall be completely filled by parging either face of backing or hack of facing. 3.13 FIELD QUALITY CONTROL A. Inspect and test all masonry work. B. Inspect and test parging work. 3.14 CLEANING A. Remove excess mortar and mortar smears as work progresses. B. Replace defective mortar. Match adjacent work. C. Clean soiled surfaces with cleaning solution. D. Use non-metallic tools in cleaning operations. 3.15 PROTECTION OF FINISHED WORK Without damaging completed work provide protective boards at exposed external corners which may be damaged by construction activities. END OF SECTION 09-11290 04300 -5 of 5 CITY OF PEARLAND 1.0 GENERAL SITEWORK METAL FABRICATIONS Section 05510 SITEWORK METAL FABRICATIONS Drawings, Standard General Conditions of Contract, Supplementary Conditions and Division - 1 Specification Sections apply to work of this Section. 1.01 DESCRIPTION A. Provide shop fabricated miscellaneous aluminum, steel, or ferrous metal items, galvanized, primed or painted, as required for execution of Contract Requirements in accordance with Contract Documents. B. Sections includes, but is not limited to, the following metal fabrication types: 1. Support, structural or non-structural, of other trades, materials, products or work. 2. Connections, anchorage, framing or assembly. 3. Miscellaneous metal fabrications and components. • 1.02 SUBMITTALS A. Shop Drawing 1. Indicate profiles, sizes, connection attachments, reinforcing, anchorage, size and type of fasteners and accessories. 2. Indicate welded connections using standard as welding symbols; indicate net weld lengths. 1.03 QUALITY ASSURANCE A. Qualify welding processes and welders in accordance with AWS "Standard Qualification Procedure". B. Where possible, take field measurements prior to preparation of shop drawings and fabrication to insure pioper fitting of work; however, do not delay job progress. Allow for trimming and fitting wherever taking of field measurements before fabrication might delay the work. C. Preassemble items in shop to greatest extent possible so as to minimize field splicing and assembly of units at project site. Disassemble units only to extent necessary foi shipping and 09-11290 05510 -1 of 6 CITY OF PEARLAND SITEWORK METAL FABRICATIONS handling. Clearly mark units for reassembly and installation. 1.04 DELIVERY, STORAGE AND HANDLING A. Deliver items to be set in concrete or masonry including sleeves, anchor bolts or inserts in sufficient time to be set and checked before concrete or masonry is placed. B. Store products clear of ground and cover to avoid damage by elements. 1.05 SEQUENCING AND SCHEDULING A. Time delivery and installation of work to avoid delaying other trades whose work is dependent on or affected by miscellaneous metal work. B. Correlate locations of framing and supporting members so that attached work will comply with design requirements. 2.0 PRODUCTS 2.01 MATERIALS A. General Requirements: Provide materials which have been selected for their surface flatness, smoothness and freedom from surface blemishes wherever exposed to view in finished work. Exposed surfaces which exhibit pitting, seam marks, roller marks, oil canning, stains, discolorations or other imperfections will not be acceptable. B. Carbon Steel Materials 1. Plates, Shapes and Bars: ASTM A36 2. Plates - Bent or Cold -Formed: ASTM A283, Grade C. 3. Tubing: ASTM A501 4. Cold -Finished Bars: ASTM A108 5. Cold -Rolled Sheets: ASTM A366 6. Hot -Rolled Sheets and Ship: ASTM A570 7. Galvanized Sheets: ASTM A446 or A526, G90 coating, commercial quality, paint grip type. 8. Pipe: ASTM A53, Grade A, standard weight (Schedule 40) unless otherwise indicated. 9. Cold -Drawn Tubing: ASTM A512, sunk drawn, butt welded, cold finished and stress relieved. C. Ferrous Castings 1. Gray Iron Castings. ASTM A48, Grade 30 2. Malleable Iron Castings: ASTM A47 09-11290 0.5510 -2 of 6 CITY OF PEARLAND SITEWORK METAL FABRICATIONS 3. Cast Steel: ASTM A27 D. Anchors 1. Threaded Type Concrete Inserts: Galvanized ferrous castings, internally threaded to receive machine bolts, malleable iron or cast steel. 2. Wedge "Type Concrete Inserts: Galvanized ferrous castings, designed to accept bolts having special wedge-shaped heads, malleable iron or cast steel. Provide carbon steel bolts having special wedge-shaped heads, with nuts washers and shims, galvanized. 3. Slotted -Type Concrete Inserts: Galvanized 1/8 inch thick pressed steel box -type insert with slot designed to receive square head bolts, welded construction. 4. Anchor Bolts: ASTM A307. F Steel Pipe 1. Interior: ASTM A53, Grade A, black finish, schedule 40 standard weight. 2. Exterior: ASTM A53, Grade A, hot -dipped galvanized, unless indicated for paint finish on the drawings. F. Fasteners 1. General: Provide fasteners of type, grade and class required for installation and assembly of miscellaneous metal items. Provide galvanized fasteners for exterior use or where built into exterior walls. 2. Standard Bolts and Nuts: ASTM A307, Grade A, regular hexagon head. 3. Lag Bolts FS FF-F-561, square head. 4. Machine Screws: FS FF-S-92, cadmium plated steel.' 5. Wood Screws: FS FF-S-111, flat head carbon steel. 6. Plain Washer: FS FF-W-92, round, general assembly grade carbon steel. 7. Lock Washer: FS Fh-W-84. 8. Expansion Shields: FS FF-S-325 9. Toggle Bolts: Tumble -wing type, FS FF-B-588 G. Welding Materials: AS D 1.1 or D 1.4, type and alloy recommended by producer of metals being welded, and required for color match, strength and compatibility in welded items. H. Paint: Refer to notes show on the Drawings 09-11290 05510 -3 of 6 CITY OF PEARLAND SITEWORK METAL FABRICATIONS I. Galvanizing 1. Iron and steel hardware: ASTM A153 2. Roller, pressed and forged steel shapes, plates, bars and strip 18 gage thick and heavier: ASTM A123. 3. Assembled steel products: ASTM A386. 4. ZRC Cold Galvanizing Compound may be used in lieu of galvanizing at Contractor's option. J. Galvanizing Repair Paint 1. High zinc dust content paint for regalvanizing welds in galvanized steel. 2. Comply with MIL-P-21035 (Ships), Galvalloy galvanizing compound or ZRC Cold Galvanizing Compound. 2.02 FABRICATION A. Field Measurements 1. Take field measurements prior to preparation of shop drawings and fabrication. 2. Do not delay job progress 3. Allow for trimming and fitting wherever taking field measurements before fabrication might delay work. B. General Requirements 1. Form materials to shapes with straight lines, sharp angles and smooth curves. 2. Shop fabricate work as large as practicable; minimize field splicing and assembly. 3. Disassemble units as necessary for shipping and handling; clearly marls units for reassembly and coordinated installation. 4. Weld permanent shop connections; comply with AWS D1.1. 5. Continuously weld and grind smooth exposed welds. 6. Use concealed fastening where practicable. 7. Punch or drill for temporary field connections and attachment of work by other trades. 8. Comply with AISC "Specification for the Design, Fabrication and Erection of Structt ral Steel for Building". 09-11290 05510 -4 of 6 CITY OF PEARLAND SITEWORK METAL FABRICATIONS 2.03 FINISH A. Galvanizing 1. Galvanize clip angles, shelf angles and anchor bolts embedded or in contact with concrete or masonry. 2. Galvanize after fabrication in sections as large as possible. 3. Where field welding of galvanized material is necessary, wire brush welds clean and immediately apply galvanizing repair. 4. ZRC Cold Galvanizing Compound may be used instead of galvanizing. B. Shop Painting 1. Clean ferrous metal of scale, rust, oil, moisture and dirt. 2. Apply one shop coat primer to ferrous metals after fabrication. 3. Apply two shop coats of primer to ferrous metals that will be inaccessible after erection. C. Field Painting 1. Clean field welds, bolted connections and damaged shop primer. Touch-up with same paint used for shop priming. 2. Clean damaged galvanized coating and touch-up with galvanizing repair paint. 3. Coat concealed surfaces in contact with concrete, masonry, wood, plaster or dissimilar metals with a heavy coat of bituminous paint. 3.0 EXECUTION 3.01 INSTALLATION A. Set metal work level, true to line and plumb. Shim bearing plates with metal and grout solid from one side to ensure that no voids exist. B. Perform field welding in accordance with AWS D1.1. C. Comply with AISC "Specification for the Design, Fabrication and Erection of Structural Steel for Buildings" D. Separate aluminum from dissimilar metal or concrete which can cause electrolytic action. 09-11290 05510 -5 of 6 CITY OF PEARLAND SITEWORK METAL FABRICATIONS E. Provide zinc -coated fasteners, with galvanizing complying with ASTM A 153 for exterior use or where built into exterior walls. Select fasteners for type, grade and class required for installation of miscellaneous metal items. Conceal fastenings where practical. Secure metal to wood with lag screws of adequate size with appropriate washers. F. Use concealed field splices if possible. 3.02 ADJUSTING A. Retouch in field scraped, abraded and unpainted surfaces which will not receive finish painting. Use shop coat primer. 3.03 CLEANUP A. Cleanup all debris caused by the work of this section, keeping the premises clean and neat at all times. • • FND OF SECTION 09-11290 05510 -6 of 6 CITY OF PEARLAND ELECTRICAL SECTION 16000 ELECTRICAL GENERAL PART 1 - GENERAL 1.01 SCOPE A. Install all electrical work covered by these specifications and approved drawings. Provide all material, labor transportation tools supervision, etc., necessary to complete the total electrical job. All items not specifically mentioned herein which are obviously necessary to make a complete working installation shall be provided. B. Electrical components including but not limited to conductor size, overcurrent protective device and disconnect switches are based on power requirements for equipment specified as shown on the contract documents. Prior to installing work, contractor shall coordinate electrical requirements with equipment of all trades requiring electrical connections. C. Final connections to equipment shall be per manufacturer's approved wiring diagrams, details and instructions. It shall be the contractors responsibility to provide materials and equipment compatible with actual equipment supplied. D. Verify exact locations of existing and new underground utilities, piping and raceway systems prior to trenching. Provide necessary trenching, backfill, excavation supports, services (conduit and/or wire), pullboxes, transformer pads, sawcutting and patching, concrete/paving, etc. As required Contractor shall obtain and verify exact utility company drawings and requirements. E. Examination of bidding documents: 2. Each bidder shall examine the bidding documents carefully and make written request to the architect for interpretation or correction of any discrepancies, ambiguity, inconsistency or error therein. Any interpretation or correction will be issued by the architect as an addendum. Only written interpretation or corrections by addendum shall be binding. Contractor shall include in his bid, labor, materials and methods of construction for complete installation. After award of contract no allowance or extra compensation will be made in behalf of the contractor due to his failure to make the written requests as described above. Failure to request clarification of any inadequacy, omission or conflict will not relieve the contractor of responsibility The signing of the contract will be considered implicitly denoting that the contractor has a thorough comprehension of the full intent and scope of the working drawings and specifications. 06/20 11 16000 - 1 of 3 CITY OF PEARLAND ELECTRICAL 1.02 CODES AND FEES A. All work shall be done in accordance with the requirements of the 2005 edition of the National Electrical Code (with City of Pearland amendments), N.F.P.A. 70 and all local and state codes and regulations. The contractor shall obtain and pay for all permits and inspections required by the building and safety codes and ordinances, and the rules and regulations of any legal body having jurisdiction. 1.03 WORKMANSHIP A. The drawings are diagrammatic and indicate the general arrangement of electrical equipment. Coordinate device locations with door swings, cabinets, counters, etc., as indicated on the architectural drawings. Do not scale electrical plans. Obtain dimensions for layout of equipment from architectural plans unless indicated on electrical plans. B. Coordinate with all other trades and subcontractors performing work on this project. Minor offsets in locations of fixtures, devices, etc. Shall be made to avoid conflicts with other trades. Such modifications shall be approved by the architect prior to the work being performed. C. Mounting heights, unless otherwise noted are to the center line of the equipment and/or device except the mounting height of suspended light fixtures which is to the bottom of fixture. D. Contractor shall be responsible for replacing equipment which is damaged due to incorrect field wiring provided under this section or factory wiring in equipment provided under this section. 1.04 . SUBSTITUTIONS A. All cost incurred by the acceptance of substitutions shall be borne by the contractor. Proof for the equality of substitutions shall be by the contractor. 1.05 U.L. LISTING A. All electrical items covered by this specification shall be U.L. Labeled and listed for their specific use. 1.06 WARRANTY A. Work shall be warranteed for a period of one (1) year from the date of acceptance by the owner. 1.07 SPECIFICATIONS A. Raceways and Conduits 1. Conduits installed in direct contact with grade or within concrete slabs shall be schedule 40 pvc. Conduits concealed within walls and above ceilings, and exposed in indoor areas shall be electrical metallic tubing (e.M.T.). Couplings shall be steel set screw type for indoor locations, and 06/2011 16000 - 2 of 3 CITY OF PEARLAND ELECTRICAL compression type for outdoor and wet locations. Conduit shall be intermediate or galvanized rigid steel in areas where subject to abuse. 2. Liquid tight flexible metal or non-metallic conduit shall be used for outdoor exposed connections to ground -mounted equipment. 3. All raceways shall be installed concealed except in unfinished spaces or where indicated on the drawings. 4. Fasteners and supports shall be as manufactured by Gedney, Efcor or equal. Supporting devices shall be those as manufactured for a specific purpose. Nails, wire or pipe strap shall not be used. 13. Submittals 1. Electrical equipment submittals shall be required, and are to include manufacturer's data, test reports, performance data and certifications. END OF SECTION 06/2011 16000 - 3 of 3