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R-2013-140-2013-09-09RESOLUTION NO. R2013-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE NORTH MAIN ALLEY SANITARY SEWER PIPE BURSTING PROJECT. 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 North Main Alley Sanitary Sewer Pipe Bursting Project, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to T Construction, LLC, in the amount of $112,860.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for construction services associated with the North Main Alley Sanitary Sewer Pipe Bursting Project. PASSED, APPROVED and ADOPTED this the 9th day of September, A.D., 2013. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Bid Request Number 0413-48 Addendum 3 N. Main Sanitary Sewer Pipe Bursting 5oecifcation Responses T CON$TRI ICTInN I �. Lire Description Mgr Mf•No UOM 077 Mobilization (Q 3%(Spec 1505) LS Traffic Control 8 Regulation (Spec 2 1555) LS Pipe Burst Existing 8' to Proposed 8" with 8.825' O.D. Sanitary Sewer(Spec 3 253082571) LF 630 Pipe Burst Existing 8" to Proposed 8" WWM 8.825" O.D. Sanitary Sewer(Spec 4 253082571) LF 650 4" Sanitary Sewer Service Stubs or Service Re -Connection (wet/without 5 stack) Complete in place (Spec 2531) EA 27 8 Rehabilitation of Manhole (Spec 2529) EA 2 Concrete Manhole (including control of 7 ground waler)(Spec 2542) EA 8 10 Extra Dispel San. Sewer MN Rehabilitation (Spec 2543) To be done where authonzed by Engineer in quantities to be authorized. Contractor shall provide unit price only for this section VF 4 Extra Length of 4" Service Lateral(Spec 2531) To be done where authorized by Engineer in quantities to be authorized. Contractor shall provide unit once only for this section LF Sawcu5 remove and replace concrete slab SY Total 250 195 Resolution No. R2013-140 Exhibit "A" Rehab C Reliance C seances Horseshoe C000truc5 nl Extended !Extended Extended lExtended 1 $4,000.00 $4,400.00 $4,000.00 48,135.50 $3,000.00 $23.940.00 $24,700.00 $19,440.00 44,809.00 $4,e00.00 $359.09 $30,870.00 831,850.00 $27,000.00 $14,000.00 410,000.00 81.000.00 $54,810.00 556,550.00 122,950.00 $1,500.00 44,000.00 42,500.00 12,500.00 $4,500.00 $97,500.00 540,500,00 18,800 00 18,099.00 $8,780.00 $18,720.00 $19,500.00 11 41a1 $298,185.50 Project Manual for: N. Main Alley Sanitary Sewer Pipe Bursting (From Orange St. to Jasmine St.) Resolution No. R2013-140 Exibit "A" Bid No.: 0413-48 July 2013 Prepared By: Engineering and Capital Projects City of Pearland 3519 Liberty Dr Pearland, Texas 77581 CITY OF PEARLAND BRAZORIA COUNTY, TEXAS TABLE OF CONTENTS SECTION TITLE DIVISION 0 — BIDDING AND CONTRACT DOCUMENTS 00100 Invitation to Bid 00200 Instructions to Bidders 00300 Bid Proposal 00500 Standard Form of Agreement 00610 Performance Bond 00611 Payment Bond 00612 One -Year Maintenance Bond 00615 Partial Waiver of Lien 00700 General Conditions of Agreement 00800 Special Conditions of Agreement 00811 Wage Scale for Engineering Construction DIVISION 1— GENERAL REQUIREMENTS 01100 Summary of Work 01140 Contractor's Use of Premises 01200 Measurement and Payment Procedures 01290 Change Order Procedures 01310 Coordination and Meetings 01350 Submittals 01380 Construction Photographs 01420 Referenced Standards 01430 Contractor's Quality Control 01440 Observation Services 01450 Testing Laboratory Services 01500 Temporary Facilities and Controls 01505 S Special Provision to section 01505 01505 Mobilization 01555 Traffic Control and Regulation 01560 Filter Fabric Fence 01562 Waste Material Disposal 01564 Control of Ground Water and Surface Water 01570 Trench Safety System 01600 Material and Equipment 01630 Product Options and Substitutions 01750 Starting Systems 01760 Project Record Documents 01770 Contract Closeout (oft\ 00010 - 1 of 3 CITY OF PEARLAND TABLE OF CONTENTS Note: The Specification Sections listed below are standard to all City of Pearland Projects and are incorporated into this Project Manual by reference as if copied verbatim. The Contractor shall be responsible for reading and understanding any and all Specification Sections that are pertinent to this project and may obtain the latest version of each Specification Section from the Engineering Services of the City of Pearland website. Any Specification Section listed below and marked by an asterisk (*) are provided as part of this project manual. DIVISION 2 — SITE WORK 02200 Site Preparation 02220 Site Demolition 02252 Cement Stabilized Sand 02255 Bedding, Backfill, and Embankment Materials 02316 Excavation and Backfill for Roadways 02317 Excavation and Backfill for Structures 02318 Excavation and Backfill for Utilities 02330 Embankment 02335 Subgrade 02370 Geotextile 02415 Angering Pipe or Casing for Sewers 02417 Augering Pipe or Casing for Water Lines 02510 Water Mains 02511 Water Meters 02512 Polyethylene Wrap 02513 Steel Pipe and Fittings for Large Diameter Water Lines 02514 Fire Hydrant Assembly 02515 Water Tap and Service Line Installation 02520 Valve Boxes, Meter Boxes, and Meter Vaults 02529* Sanitary Sewer Manhole Rehabilitation 02530 Gravity Sanitary Sewers 02531 Sanitary Sewer Service Leads or Reconnections 02532 High Density Polyethylene (HDPE) Solid Wall Pipe 02533 Sanitary Sewage Force Mains 02534 PVC Pipe 02540 Tapping Sleeves and Valves 02541 Water and Wastewater Line Valves 02542* Concrete Manholes and Accessories 02571* Sanitary Sewer Pipe Burst 02582 Thermoplastic Pavement Markings 02603 Frames, Grates, Rings, and Covers 02624 Structural Plate Culvert Structures 02628 Jacking Pipe or Box 02629 Safety End Treatments 02630 Storm Sewers 02631 Precast Inlets, Headwalls, and Wingwalls 02632 Cast -in -Place Inlets, Headwalls, and Wingwalls 02633 Adjusting Manholes, Inlets, and Valve Boxes 02634 Ductile Iron Pipe and Fittings 00010 - 2 of 3 CITY OF PEARLAND TABLE OF CONTENTS 02635 Steel Pipe and Fittings 02636 Polyurethane Coating on Steel or Ductile Iron Pipe 02710 Base Course for Pavement 02741 Asphaltic Concrete Pavement 02742 Prime Coat 02743 Tack Coat 02744 Single Course Surface Treatment 02751 Concrete Pavement 02762 Temporary and Removable Reflectorized Pavement Marking 02770 Curb, Curb & Gutter, and Headers 02771 Concrete Sidewalks 02775 Concrete Driveways 02811 Landscape Irrigation 02820 Wood Fences and Gates 02821 Chain Link Fences and Gates 02910 Topsoil 02921 Hydromulch Seeding 02922 Sodding 02931 Landscape and Tree Planting 02980 Pavement Repair and Resurfacing 02981 Blast Cleaning of Pavement INSPECTION AND OBSERVATION SHEETS (1-6) CONSTRUCTION PLANS Sheet 1 Sheet 2 Sheet 3 Sheet 4-6 Cover Sheet Existing Sanitary Sewer Layout Proposed Sanitary Sewer Layout Sanitary Sewer Standard Detail END OF SECTION 00010 - 3 of 3 (oft\ 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 INSTRUCTIONS TO BIDDERS, Section 00200, included in the project bid documents viewable on the web site. Questions regarding electronic bidding should be directed to City Purchasing Officer at ebidsna ci.pearland.tx.us. All Bids submitted electronically will remain confidential until 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 City Purchasing Officer, City of Pearland, City Hall located at 3519 Liberty Drive, Pearland, Texas 77581. Electronic bids will be accepted until 2:00 p.m., Thursday, August 8, 2013. All Bids shall reference the following project information in the appropriate locations in provided electronic 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: Sanitary Sewer Pipe Burst from Orange St. to Jasmine St. City of Pearland, Texas COP PN: N/A BID NO.: 0413-48 A mandatory pre -bid conference will be held at the City of Pearland City Hall at 3519 Liberty Drive, Pearland, Texas 77581 at 9:30 a.m. on August 1, 2013. The project will entail the construction of approximately 1280 linear feet of 8 inch sanitary sewer pipe bursting with appurtances from Orange Street to Jasmine Street located approximately 200 feet east of State Highway 35. 10-2012 00100 - 1 of 3 CITYOFPEARLAND INVITATION TO BID 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 project, including but not limited to, all transmittals and material submittals, RFI'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 project communications, documentation and records for the project. For more information, see INSTRUCTIONS TO BIDDERS, Section 00200. Electronic Bid Documents: including Contract Documents, Plans and Technical Specifications are available for download on the City's Website at: www.cityofpearland.org/bids upon registration. The documents are NOT 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 Houston, TX 77092 The Associated General Contractors of America, Inc. 2400 Augusta, Suite 350 Houston, TX 77057 Virtual Builders Exchange 7035 W. Tidwell Building J, Suite 112 Houston, TX 77092 McGrawHill Construction — Dodge Reports (281) 652-1600 (713) 956-0100 (713) 334-7100 (832) 613-0201 1-800-393-6343 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 ninety (90) 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 10-2012 00100 - 2 of 3 CITY OF PEARLAND INVITATION TO BID 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 documents for Bid Security shall be requested by the City from the lowest two bidders and delivered to the City's Purchasing Officer within 48 business hours of the Bid Opening. Bid Security shall be delivered to: Office of City Purchasing, Finance Department, 2nd Floor City Hall, 3519 Liberty Drive, Pearland, Texas 77581. 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 corporate surety duly authorized to do business in the State of Texas, and named in the current list of "Treasury Department Circular No. 570", naming the City of Pearland, Texas as Obligee. Additionally, the successful bidder shall be required to provide a one year Maintenance Bond for the improvements installed as part of this work, as provided in the Special Conditions of Agreement. Equal Opportunity: All responsible bidders will receive consideration for award of contract without regard to race, color, religion, sex, or national origin. Selection Criteria: The Contract is to be awarded on the basis of Lowest Responsible Bidder. In identifying this criteria the City will consider: 1) lowest total bid price for all work listed and specifically requested, including but not limited to, Base Bid, Extra Work or Alternates. The City of Pearland reserves the right to award a contract based on any combination of the above considered to be its best interests or 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 Lorfing, TRMS City Secretary, City of Pearland First Publication date July 24, 2013 Second Publication date July 31, 2013 10-2012 00100-3of3 (wsk CITY OF PEARLAND 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. The term "Successful Bidder" means the lowest responsible Bidder to whom the Owner (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 Bidders 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 Owner 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.cityofpearland.org/bids. Bid documents can be viewed by simply selecting a specific project from the BID OPPORTUNITIES list and clicking on that project AFTER registration as a Supplier. 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 " 10-2012 00200 - 1 of 8 ro. CITY OF PEARLAND 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 emails 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(aci.pearland.tx.us. 3. Copies of Bidding Documents 3.1 Complete sets of "electronic" Bidding Documents are available for download to registered Bidders at No Cost from the City's E-bid System at: www.cityofpearland.org/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 a 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 from 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 16 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: 10-2012 00200 - 2 of 8 C) CITYOFPEARLAND 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 construction of projects of the Bidder which are not yet substantially complete; 3) A list of proposed subcontractors and suppliers for the project being bid; 4) A list of name, address and telephone number of references for projects completed by Bidder; and 5) A Financial Statement of Bidder, consisting of the balance sheet and annual income statement of Bidder for the Bidder's last fiscal year end preceding the submission of the Bid Proposal, which has been audited or examined by an independent certified public accountant. The Financial Statement of Bidder shall be used to determine a Bidder's net working capital, which is defined as current assets less current liabilities. A Bidder's net working capital shall be considered evidence of the Bidder's ability to provide sufficient financial management of the project being bid. The Bidder's Financial Statement shall be clearly and conspicuously marked as "confidential", and shall be deemed and treated as confidential and excepted from the Public 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 Bidder before submitting a Bid Proposal, to (a) examine the Bidding Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors, omissions or discrepancies in the Contract Documents, (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, subsurface and underground facilities) at or contiguous to the site or otherwise which may 10-2012 00200 - 3 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 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 prospective Bidder deems necessary for submission of a Bid Proposal. Prospective Bidders shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 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, access thereto or contractual arrangements for use by the Contractor 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 furnishing 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 E-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 submitting bids through the E-bid System shall scan and up -load a copy of their Bid Security (sealed Bid Bond, Certified Check or Cashier's Check) as an attachment to their electronic bid. Original documents for Bid Security shall be requested by the City 10-2012 00200 - 4 of 8 ,C7.; CITY OF PEARLAND INSTRUCTIONS TO BIDDERS from the lowest two bidders and delivered to the City's Purchasing Officer within 48 business hours of the Bid Opening. Bid Security shall be delivered to: Office of City Purchasing, Finance Department, 2nd 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 of both bidders 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 the Contract is awarded and the Standard Form of Agreement becomes effective, or all bids are rejected, whereupon Bid Security furnished by all 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 terms 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 Engineer, application for such acceptance will not be considered by Engineer until after the Agreement becomes effective. All "or -equal" references shall be interpreted to mean "or approved equal". The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in the Contract Documents. 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 filled in. The Bidder shall bid all Alternates, if any. Incomplete Bid Proposals may be cause for rejection. 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) 10-2012 00200 - 5 of 8 (0~ CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 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 filled in on the Bid Proposal 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, terms and conditions as stated in the registration and submittal instructions of the City's E-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.org/bids. 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 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, that Bidder will be disqualified from further bidding on the Project to be provided under the Contract Documents. 10-2012 00200 - 6 of 8 co' (o.' CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 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 or 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 Proposal 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) Bidder fails to submit the Qualifications of Bidder as required under section 3 of these Instructions to Bidders; or 7) Bid Proposal is otherwise non -responsive. Contracts are awarded on the basis of one of the following criteria: A) provision of the "Best Value" or B) Lowest Responsible Bidder 16.2 Best Value. In determining the best value for the Owner, and in determining to whom to award a contract, Owner may consider: 1) purchase price; 2) reputation of the Bidder and Bidder's goods or services; 3) quality of Bidder's goods or services; 4) extent to which the goods or services meet the Owner's needs; 5) Bidder's past relationship with the Owner; 6) impact on the ability of Owner to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; 7) total long-term cost to Owner to acquire Bidder's goods or services; 8) the Qualifications of Bidder; and 9) any other relevant criteria specifically listed in the Bidding Documents. A contract to be awarded to the Bidder offering the Best Value may be let on either a lump sum basis or a unit cost basis dependent on the Bid Proposal format. 16.3 Lowest Responsible Bidder. In determining Lowest Responsible Bidder, Owner will consider: Lowest Total Bid price for all work including Base Bid, Extra Work and Alternates, if any, and any other cost criteria. Additional evaluation criteria may include: 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. Discrepancies in the multiplication of units of 10-2012 00200 - 7 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS c —' Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 7 t A contract to be awarded to the Lowest Responsible Bidder 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. 16.4 In either case, Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid Proposal and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents, to Owner's satisfaction, within the Contract Time. 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 Contract 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 counterparts of the Standard Form of Agreement, and the required Performance and Payment Bond forms. Within ten (10) days thereafter Contractor shall sign and deliver the required number of counterparts of the Standard Form of Agreement to Owner with the required Bonds. Within ten (10) days thereafter, Owner shall deliver one fully signed counterpart to Contractor. There shall be no contract or agreement between Owner and the Successful Bidder until proper execution and attestation of the Standard Form of Agreement by authorized representatives of the Owner. 19. Pre -bid Conference 19.1 A pre -bid conference will be held as indicated in the Invitation to Bid. Attendance at the pre -bid conference is MANDATORY 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. 10-2012 END OF SECTION 00200 - 8 of 8 CITY OF PEARLAND Section 00300 BID PROPOSAL PartA Date Bid of .. -,01.45*-A/61 �L1-� .. .:. an individual proprietorship / a .. corporation organized and existing under the laws of the State of Texas/ a partnership consisting of , for the construction of:: BID PROPOSAL To: City of Pearland, Texas COP: PN• N/A BID NO.:.0413-48 (Submitted in Electronic format) The Honorable Mayor and City Council of Pearland City of Pearland 3519 Liberty. Drive . Pearland, Texas 77581 Pursuant to the published Invitation to Bidders, and Instructions: to Bidders, the undersigned Bidder hereby proposes to perform all the work and furnish all necessary superintendence, labor, machinery, equipment, tools and materials, and whatever else may be necessary to complete all the work described in or reasonably inferable from the Contract Documents for the construction of the approximately 1280 Iinear feet 8 inch: Sanitary Sewer Pipe Bursting from Orange Street to Jasmine Street located approximately 200 feet east of SH 35 with allrelated appurtenances, complete,tested, and operational, in accordance with the Plans and Specifications prepared by the Engineer, City of Pearland Engineering Department, 3523 Liberty Drive, Pearland, TX, 77581, Attention Rajendra Shrestha P.E., under the City of Pearland's:inspection, for the unit prices or applicable prices set forth in Exhibit "A", the electronic bid form as contained :in the City's E-bid system, which, once fully executed and submitted shall constitute a legal and: executable proposal from the Bidder. It is understood that, in the event any changes are ordered on any part of the Work, the applicable unit prices bid shall apply as additions to or deductions from the total prices for the parts of the Work so changed: The Bid Security required tinder the Instructions to Bidders is included and has been uploaded as an attachment within the E-bid system and, that a fully executed, signed andsealed hard copy has been delivered to the Office of City Purchasing, Finance Department, 2nd 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 requiredby 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 an acceptable Performance and Payment Bond and Maintenance 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 .: Bidder's Initial's: 0030 to,20t2. CITY OF PEARLAND BID PROPOSAL the .time stated and for the prices stated in Part B of this proposal along with all required insurance I in the required amounts. The undersigned Bidder agrees to commence work within 10 daysof the date of a written Notice to Proceed. It is understood that the Work is to be Substantially Complete within Twenty (20) days afterthe date of the Notice to Proceed. Time for Substantial Completion shall begin on the date established by the Notice to Proceed. The Contractor will pay liquidated damages in the amount(s) specified in Document 00500 — Standard Form of Agreement, in the event the Work is not Substantially Complete within the .Contract Time. The. undersigned agrees that the amounts: bid in this Bid. Proposal will not be :withdrawn or modified for ninety (90) days following date of Bid Proposal opening, or such longer period as may be agreed to in writing by. the: City of Pearland and Bidder. It is understood that in: the: event the Successful Bidder fails to enter into the Standard Form of Agreement and/or to furnish an acceptable Performance and Payment Bond and Maintenance .: Bond, each in the amount of one hundred (100) percent of the Contract Price, along with all required insurance in thestated amounts within ten (10) days:. of the Notice of: Award, the Successful Bidder will forfeit the Bid Security as provided in the Instructions to Bidders. Unless otherwiseexpressly provided herein, all referencesto"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: -7 Addendum No:: 3 Addendum No.: Date: Addendum No:: Date:: g Date: Bidder hereby represents that the only person or parties interested in this offer as principals are those 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: 10,20i2.- By: Title:: VI GGi65'c61E?•'C " Address: 12J1QS 11,4440nit 11.6rdwri VC 17Q t S Phone No: 2. -- 5b2 '', 2-6 (Seal, if Bidder is a Corporation) Bidder's Initial's:_ 00300 CITY OF PEARLAND:: EXHIBIT "A"- BID. FORM Contractor Name: _ Project Name: N. Main Alley Sanitary Sewer Pipe Bursting Contract Amount: Contract Name: Bid No: 0413-48 BID PROPOSAL Item # Spec #:. Item Description Unit Estimated Q...ua ntit1.00 Unit Price : .�'t00(7 3 loco my- :_:_ Total $4'�1t)p' $ 3'c_ $ 1 � �105 5 Mobilization (Max 3%) . LS 2 1555 Traffic Control & Regulation.: .` LS 1.00 3 . 2530 .& 2571 Pipe Burst Existing 6" to Proposed 8".With 8.625' O.D. Sanitary Sewwer LF : : 630.00 4 02530 & 02571 Pipe Burst Existing 8" to Proposed 8" With 8.625" O.D: Sanitary Serwer LF 650.00 _ _ _ s -' _`� $ '. if i 5 : 2531 4" Sanitary Sewer Service Stubs or Service Re- Connection (with/withoutstack) (Complete in place) Ea 27.00 �Zo � $19;1I4o" $ ,**bar $ 4 ram- 6 2529 Rehabilitation of Manhole Ea 2.00 2.400- 7 2542 Concrete Manhole (including control of ground water Ea 1.00 41 Am, 8 2543 Extra Depth San: _Swr. MH Rehabilitation _ VF 4.00 I MO: $ .. qgp' 9 2531 Extra Length of 4" Service Lateral LF 250,00 2s- $ (p 94T Aden 3 2317 3300 _ Sawcut, remove and replace concrete slab SY 195.00 I (D r 2150 Item # 8, Item #9 and Aden 3: To bedone where authorized by Engineer in quantities to be authorized: Contractor shall provide unit price ONLY for this section Total $ 2a 05/2013 00300-Al NON -COLLUSION STATEMENT "The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm,' partnership orindivistual:has not prepared this bid in collusion with any other bidder, and that the contents of this bid as to prices, terms or conditions of said bid have : not been communicated by the undersignednor by any employee or agent to any other person engaged in this type of business prior_to the official opening of this bid." Vendor Address Phone Number.:. Fax Number 5Z— 552 2 Z 5782 —544z/ Email Address - .t Bidder (Signature) . v Position with Company 'V f Signature of Company Official Authorizing This Bid GY15°1�i/Z.i tM Company Official (Printed Name) Official Position 6TL tC.$ 1IL4f1M#J7.: CONFLICT OF' INTEREST QUESTIONNAIRE For vendor or 'other person: doing business:with local governmental entity FORM CIQ This questionnaire Government By law this Iocal government becomes aware 176.096,. Local A person commits Government is being Code by a questionnaire: not:later of facts Government an Code. An filed in accordance with chapter 176 of the Local person doing business with the governmental entity: must be filed with the records administrator of the. than the 7th business day after -the ..4date the person that require the statement to be filed. See Section Code::. offense if the person:: violates Section 176.006, Local offense. under this section is a:Class C misdemeanor. OFFICE USE ONLY Gate Received :: J Naine of person doing business with local governmental entity. 54vhuv1 :: Lr`.. this box if you requires that 1 of the than the 7th are filing an update to you fife an updated year for which an activity business day after the a previously completed questionnaire described in date the originally filed questionnaire. Section 176.006{a), filed with the appropriate Local questionnaire filing Government becomes incomplete authority Code, is or not later than pending and inaccurate:} : IIII Check (the law September not later, '3J Describe recommendations each affiliation orbusiness to a local relationship government officer with an employeeercontractorof of the focal governmental the entity with local governmental respect to entity expenditure who makes of money. J Describe employs each a local affiliation or. government business relationship officer of the Iocat governmental P/ with a person who is a entity thatIs_the local government subject officer of this questionnaire. and who appoints. or :. .• • Amended 0If 13/20118 - - CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity FORM CIQ Page 2 Name of local aovamment officar with whom filer has affiliation or -business relationship: (Comelete this sertion only If the answer to A; Bier C is YES) This section, item 5 includ'ng subparts A, B; C & O, must be completed for each. officer with whom the filer has affiliation or. business relationship. Attach additional pages to this Form CiOas necessary. A. Is the local government officernamed in this section receiving or likely to receive taxable income from the filer of the questionnaire? B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable:incorne is not from the local governmental entity? • C, Is the fifer of this questionnaire affiliated with a corporation orother business entity that the local government:officer serves as an officer ordirector, or holdsan: ownership of 10 percent or more? • .:.D. Yes Describe each affiliationor. business relationship:: J • (lncrriho anal Alan, afAlibtinn nr h11CInACC ralaHnnchrn Ihmt minht naiIva ,.nnfltrf of Ininroci Signature of person doing business with the governmental_ entity Za/3 Date Amended O1(1312006' As of January 1, 2006, the Texas Local : Government Code: Chapter 176 requires. all vendors and potential vendors who contract or seek to contract for the sale:or purchase of property, goods,: or services with any local government to complete and:submit a Conflict • of:Interest Questionnaire:. In filling out the questionnaire, the.following are current city :Council members and City employees who may either recommend or approve bid awards. City City Council: Mayor Councilmember Councilmember Councilmember Councilmember Councilmember Staff: City Manager Director of Finance Assist. Director of Finance Purchasing Officer Tom Reid Tony Carbone Scott Sherman Susan Sherrouse Keith Ordeneaux Greg Hill Bill Eisen Claire Bogard Rick Overgaard Bob Pearce REFERENCES Bidder must furnish, with this bid, a list of three (3) references from customers with a similar or larger operation as the City of Pearland. This document, or a similar version issued by your company, must be uploaded with your bid response.::.:.: Company Name: Contact: Phone Number: Email Address: AM Iva) . 2/ /e ..ro4, re is /- 73 —:9 av Xe4121 eVethev. ezr-m Company Name: /Lrac, ContactA , /i/ n- 1t er /031 Phone Number: Email Address: Company Name: Contact: Phone Number: Email Address: 2e! gnat' . .�tjJ1/�,r4f+ •�7t°� .r d 2 395-- 6//6, 10-2012 CITYOFPEARLAND STANDARD FORM OF AGREEMENT Section 00500 STANDARD FORM OF AGREEMENT THIS AGREEMENT is by and between City of Pearland (hereinafter called OWNER or City} and T Construction, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all work as specified or indicated in or reasonably inferable from the Contract Documents (hereinafter the "Work"). The Work is generally described as follows: N. Main Sanitary Sewer Piper Bursting From Orange St. to Jasmine St. City of Pearland, Texas COP PN: N/A BID NO.:0413-48 Article 2. ENGINEER The Work has been designed by City of Pearland,3523 Liberty Drive, Pearland, Tx, 77584, Rajendra Shrestha, P.E. who is hereinafter called ENGINEER and who is to assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work will be Substantially Complete (as defined in Article 1 of the General Conditions) within twenty (20) days (including weekends and holidays) from the date when the Contract Time commences to run as provided in paragraph 5.01 of the General Conditions (as revised in the Special Conditions if applicable}, and completed and ready for Final Payment within thirty (30) days from the date when the Contract Time commences to run. No work will be allowed on Sundays. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 5 of the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Three Hundred dollars ($300.00) for each day that expires after the time specified in paragraph 3.1 00500 - 1 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time set out in the Certificate of Substantial Completion or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Three Hundred dollars ($300.00) for each day that expires after the time specified in the Certificate of Substantial Completion for completion and readiness for Final Payment. 3.3 Inspection Time. Working hours for the Pearland Inspection personnel are from 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding City approved holidays. The Contractor shall notify the OWNER of any required inspection overtime work at least 48 hours in advance and shall pay the overtime wages for the required City inspections. Article 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR 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 with no alternatives as shown in Document 00300 — Bid Proposal. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Section 6.0 "Measurement and Payment" of the General Conditions. Application for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER as provided below. All progress payments will be on the basis of the progress of the Work and actual quantity of Work completed, in accordance with Article 6 "Measurement and Payment" of the General Conditions. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage or actual quantity of Work complete, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions. The OWNER shall make payment within 30 days of receipt of application for payment by the ENGINEER. 5.1.2 Each progress payment shall be less retainage as specified in Paragraph 6.06 of the General Conditions, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may upon written recommendation of the ENGINEER pay a reasonable and equitable 10-2012 00500 - 2 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER's option, may be relieved of the obligation to fully complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment." 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 6.09of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 6.09. Article 6. INTEREST Interest on any overdue payment from OWNER to CONTRACTOR shall be paid in accordance with the provisions of Chapter 2251.025 of the Texas Government Code, as amended. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all available surveys, assessments, reports of explorations, investigations, and tests of subsurface conditions and drawings of physical conditions of the site. Such technical reports and drawings are not Contract Documents, and Owner makes no representations or warranties as to the accuracy of such documents or information, or to whether or not they are complete, comprehensive, or all-inclusive. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work ,and CONTRACTOR assumes the risk of such subsurface and physical conditions, and shall furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests, reports, and studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of 10-2012 00500 - 3 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and 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 Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including any written resolution of any such conflict, error or discrepancy by ENGINEER. In the event of a conflict that was not brought to the OWNER's or ENGINEER's attention prior to the bid, the CONTRACTOR is assumed to have bid the most expensive alternative. 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 6 inclusive with attachments with each sheet bearing the following general title: Sanitary Sewer Pipe Bursting (From Orange St. to Jasmine St) 8.6 Instructions to Bidders and CONTRACTOR's Bid Proposal, including any Addenda referenced therein. 8.7 Technical Specifications for the Work. 8.8 The following, which may be delivered or issued after this Agreement becomes effective: Any Change Orders or other documents amending, modifying, or supplementing the Contract Documents in accordance with the General Conditions. 10-2012 00500 - 4 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Section 1, "Definitions and Interpretations" of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from Substantial Completion against defects in materials and workmanship. CONTRACTOR agrees to repair or replace any defective work within this warranty period immediately unless such repairs require long lead time materials and equipment in which case CONTRACTOR shall provide an agreeable schedule"for repairs at no additional cost to OWNER. 9.5 The Work will be completed according to the Contract Documents and in accordance with codes, ordinances, and construction standards of the City of Pearland, and all applicable laws, codes and regulations of governmental authorities. 9.6 In the event any notice period required under the Contract Documents is found to be shorter than any minimum period prescribed by applicable law, the notice period required shall be construed to be the minimum period prescribed by applicable law. 9.7 This Contract and the Contract Documents, insofar as they relate in any part or in any way to the Work undertaken therein, constitute the entire agreement between the parties hereto, and it is expressly understood and agreed that there are no agreements or promises by and between said parties, except as aforesaid, and that any additions thereto or changes shall be in writing. 9.8 The provisions of this Contract shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and the intent of the parties, but if for any reason any provision is unenforceable or invalid, such 10-2012 00500 - 5 of 7 (''''' c CITY OF PEARLAND STANDARD FORM OF AGREEMENT provisions shall be deemed severed from this Contract and the remaining provisions shall be carried out with the same force and effect as if the severed provision had not been part of this Contract. 9.9 The headings of the paragraphs are included solely for the convenience of reference and if there is any conflict between the headings and the text of this Contract, the Contract text shall control. 9.10 The waiver of any breach hereof shall not constitute a waiver of any subsequent breach of the same or any other provision hereof. Failure by the OWNER in any instance to insist upon observance or performance by CONTRACTOR shall not be deemed a waiver by CONTRACTOR of any such observance or performance. No waiver will be binding upon OWNER unless in writing and then will be for the particular instance only. Payment of any sum by OWNER to CONTRACTOR with knowledge of any breach or default will not be deemed a waiver of such breach or default or any other breach or default. 9.11 The CONTRACTOR acknowledges that the OWNER (through its employee handbook) considers the following to be misconduct that is grounds for termination of an employee of the OWNER: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the OWNER. The CONTRACTOR agrees that it will not, directly or indirectly; cause an employee of the OWNER to engage in such misconduct. 10-2012 00500 - 6 of 7 CITYOFPEARLAND STANDARD FORM OF AGREEMENT IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and one to CONTRACTOR. This Agreement will be effective upon execution and attestation by authorized representatives of the City of Pearland and upon the following date: , 2 0 _. OWNER: CITY OF PEARL By: Title: Date: ATTEST 10-2012 CONTRACT T Cons LL By: — Title: Vice President Date: OOO ATTEST Address for giving notices 12605 McNair v. a� _ (Corporate Sear= Houston, Tx 77015 Phone: 832 582-8420 Fax: 832 582-8421 Agent for service of process: END OF SECTION 00500-7of7 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. Changes made by modifications. 5. Details not on original Plans. 6. References to related Shop Drawings and Modifications. C Record information with a red pen or pencil on a set of drawings indicated as the Record Document Set, provided by Engineer. 2.0 PRODUCTS -Not Used 3.0 EXECUTION A Deliver Record Documents and Samples to Owner in accordance with Section 01770 — Contract Closeout. END OF SECTION 07/2006 01760 - 2 of 2 CITY OF PEARLAND CONTRACT CLOSEOUT Section 01770 CONTRACT CLOSEOUT 1.0 GENERAL 1.01 SECTION INCLUDES A Closeout procedures including final submittals such as operation and maintenance data, warranties, and spare parts and maintenance materials. B References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01760 — Project Record Documents 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A 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 Contract Closeout shall be complete within thirty (30) days of the date of Final Completion and Acceptance of the work. END OF SECTION 09/2009 01770-2of2 ri\ rb CITYOFPEARLAND SANITARY SEWER MANHOLE REHABILITATION SECTION 02529 SANITARY SEWER MANHOLE REHABILITATION PART 1- GENERAL 1.01 SECTION INCLUDES 5/2013 A. Repair, rehabilitation, or replacement of deteriorated, leaking, or structurally unsound manholes. B. All physically deteriorated, leaking or structurally unsound sanitary sewer manholes, and cleanouts shall be rehabilitated per the provisions of this item. Such manholes shall be rehabilitated by one (1) of the following methods: 1. Complete replacement of sanitary sewer manhole with a new precast concrete manhole as shown on the plans in accordance with section 02542. 2. Rehabilitation by use of a liner. (A liner is defined as an applied or inserted product that improves the structural integrity of the manhole). 3. Rehabilitation by use of a corrosion resistant material. A cementitious liner can be/may be applied to the manhole prior to the installation of the corrosion resistant material if stated in the plans. 4. Other rehabilitation work. C. Iron castings for manhole frames and covers, inlet frames and grates, catch basin frames and grates, meter vault frames and covers, adjustment rings and extensions. D. Ring grates. E. References to Technical Specifications: 1. Section 01200 — Measurement and Payment Procedures 2. Section 01350 — Submittals 3. Section 01500 — Temporary Facilities and Controls 4. Section 02255 — Bedding, Backfill, and Embankment Materials 5. Section 02318 — Excavation and Backfill for Utilities 6. Section 02530 — Gravity Sanitary Sewers 7. Section 01140 — Contractor's Use of Premises F. Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM C 443, "Standard Specification for Joints for Concrete Pipe and Manholes, Using Rubber Gaskets" b. ASTM C 270, "Standard Specification for Mortar for Unit Masonry" 02529-1 of 12 CITY OF PEARLAND SANITARY SEWER MANHOLE REHABILITATION c. ASTM C 923, "Standard Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures, Pipes and Laterals" d. ASTM C 1107, "Standard Specification for Packaged Dry, Hydraulic -Cement Grout (Nonshrink)" e. ASTM A 48, "Standard Specification for Gray Iron Castings" f. ASTM A 615, "Standard Specification for Deformed and Plain Carbon -Steel Bars for Concrete Reinforcement" g. ASTM D 698, "Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort" 2. American Association of State Highway and Transportation Officials (AASHTO) 3. American Water Works Association (AWWA) 4. American Welding Society (AWS) a. AWS D12.1, "Reinforcing Steel Welding Code" 5. Texas Commission on Environmental Quality (TCEQ) a. Chapter 217.55 "Minimum Clear Opening" G. Definitions: 1. Shallow Depth Manholes- manholes having a depth of 4 feet or less measured from the top of cover to sewer invert. 2. Normal Depth Manholes- manholes having a depth of greater than 4 feet and up to 8 feet measured from top of cover to sewer invert. 3. Extra Depth Manholes- manholes having a depth of greater than 8 feet measured from the top of cover to sewer invert. 4. Corrosion Resistant Manholes- concrete manholes incorporating additional material, such as liners or coatings, which make them more resistant to corrosion than typical concrete manholes. 5. Standard Manholes Drops- drops of up to 3 vertical feet measured from the invert of the T-fitting to the sewer invert. 6. Extra Depth Manhole Drops- drops in excess of 3 vertical feet measured from the invert of the T-fitting to the sewer invert. 1.02 MEASUREMENT AND PAYMENT 5/2013 A. Measurement for Normal Depth Manholes and/or Normal Depth Corrosion Resistant Manholes shall be per each. B. Measurement for Shallow Depth Manholes and/or Shallow Depth Corrosion Resistant Manholes shall be per each. 02529-2 of 12 r CITY OF PEARLAND SANITARY SEWER MANHOLE REHABILITATION C. Measurement for Extra Depth Manholes and/or Extra Depth Corrosion Resistant Manholes is on a vertical foot basis for each foot of depth greater than 8 feet. D. Payment for Manholes Rehabilitation under this Section shall be for complete installation of corrosion resistance coating and adjustment of benches, riser, frames, grates, rings, stainless steel inflow preventers, cut -in work, covers, penetrations, other appurtenances, and be in accordance with Section 01200 — Measurement and Payment Procedures. E. Payment for complete manhole replacement shall be in accordance with Section 02542 for a new precast concrete manhole. F. Payment for replacement of damaged manhole cover will be per each for complete installation of riser, frames, grates, rings, stainless steel inflow preventers, cut -in work, covers, penetrations, other appurtenances. 1.03 PERFORMANCE REQUIREMENTS A. Perform work needed to make manholes structurally sound, improve flow, prevent entrance of inflow or groundwater, prevent entrance of soil or debris, and provide protection against hydrogen sulfide gas attack. B. Manufacturer's Product Support. 1. Through the Contractor, manufacturers of wall sealing or lining systems shall submit to Engineer for review and approval a detailed description of the proposed rehabilitation process. Describe surface preparation, independent laboratory test results, mix design procedures and method of controlling uniform thickness. 2. A representative employed by the manufacturer and having technical training in epoxy or cementititous liner shall be named and available for consultation by telephone during business hours and on site upon 48 hours notices. 3. Manufacturer's representative on concrete lining systems shall provide technical assistance to concrete batch plant operators to ensure proper usage of dispensing equipment and accurate proportions of admixtures. 1.04 SUBMITTALS 5/2013 A. Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B. Submit proposed design mix and test data for each type and strength of concrete. C. Submit manufacturer's data and details of following items for approval: 1. Frames, grates, rings, and covers. 2. Materials to be used in fabricating drops. 3. Materials to be used for pipe connections at manhole walls. 02529-3 of 12 CITY OF PEARLAND SANITARY SEWER MANHOLE REHABILITATION 4. Materials to be used for stubs and stub plugs. 5. Plugs to be used for sanitary sewer hydrostatic testing. 6. Shop Drawings of manhole sections and base units and construction details, including reinforcement, jointing methods, materials and dimensions. 7. Certification from manufacturer that precast manhole design is in full accordance with ASTM C 478 and design criteria as established in this Section, 2.03E, "Design Loading Criteria". 8. Materials and procedures for corrosion resistant liner and coatings. 9. Manufacturer's data for pre -mix (bag) concrete, if used for channel inverts and benches. D. Installer Qualifications. Installers of liners and wall repair systems shall submit qualifications to Engineer for approval at least 14 days prior to start of any material application. Submittal shall consist of: 1. Manufacturer's approved equipment list, by name and model number for application of product and contractor's equipment list showing approved equipment available for use in product application. 2. The materials shall be applied by an approved certified applicator and must meet manufacturer's recommendations. List of contractor's personnel who have satisfactorily completed manufacturer's training in product application within previous two years. Include date of certification for each person performing work. E. Progress Photographs: 1. After cleaning and sealing each manhole, submit 3" x 5" color photographs of manhole's interior walls for review by Engineer. Engineer may inspect the manhole before giving approval to begin lining. 2. After liner installation of each manhole, submit a minimum of three additional 3" x 5" color photographs to show final condition of rehabilitated manhole. 3. Provide photographs of sufficient quality and clarity so that interior condition can be readily determined by Engineer. 4. Annotate each photograph. Give date, manhole number, material used, and appropriate remarks on the back using permanent ink. 1.05 PROJECT CONDITIONS 5/2013 A. Manholes Containing Mechanical or Electrical Equipment: 1. Drawings may not show locations of flow monitoring equipment. If a manhole contains any mechanical hardware or electrical flow monitoring equipment immediately notify Engineer. 2. Reschedule work in such manholes until equipment has been removed by Owner and further instructions are given. 3. Do not subject manholes with mechanical hardware or electrical equipment to diversion/bypass pumping. 02529-4 of 12 (iab). CITY OF PEARLAND SANITARY SEWER MANHOLE REHABILITATION 4. Damage to installed equipment, due to negligence of Contractor, will be repaired by Owner and cost of repairs charged to Contractor. B. Field Location of Manholes, Cleanouts and Inlets: 1. Contractor is responsible for locating and uncovering all manholes and cleanouts in lines being rehabilitated. If difficulty is encountered in locating a manhole or cleanout covered by ground or pavement, notify Engineer and await instructions. 2. Manholes may be located within project limits which are not part of the system being rehabilitated. Properly identify manholes before starting cleaning and sealing operations. 1.06 SALVAGE A. Manhole covers and frames, inlet grates and frames, and adjusting rings from abandoned manholes and inlets remain the property of the Owner. Clean and deliver salvaged items to locations designated by Engineer. PART2 PRODUCTS 2.01 WALL CLEANING MATERIAL A. High Pressure Water: 3500-psi minimum force. B. Cleaners: Detergent or muriatic acid capable of removing dirt, grease, oil and other matter which would prevent a good bond of sealing material to wall. Refer to sealing material manufacturer's recommendations. 2.02 SEALANT MATERIALS A. Sealing materials between precast concrete adjustment ring and manhole cover frame shall be Adeka Ultraseal P201, or approved equal. 2.03 WALL REPAIR MATERIALS A. Hydraulic Cements: Use a blend of cement powders or hydraulic cement to stop active leaks in the manhole structure. B. Quickset Mortar: Use a quickset mortar to repair wide cracks, holes or disintegrated mortar. 2.04 MANHOLE CEMENTITIOUS LINER A. This method consists of spray applying a cementitious mix to the manhole walls and benches on the existing manholes resulting in a monolithic liner having a minimum thickness of 1-inch. The mix(es) shall be batches in accordance with 5/2013 02529-5 of 12 CITY OF PEARLAND SANITARY SEWER MANHOLE REHABILITATION manufacturer's recommendations. Adding water to facilitate application at the nozzle will not be allowed. B. Provide preapproved cementitious structural rehabilitation liner material for use as a liner for manhole and to repair and reform manhole benches and inverts. Use a pre -approved cementitious structural manhole rehabilitation material which develops a minimum compressive strength of 3000 psi at 14 days as, tested per the provisions of ASTM C 1140. Follow manufacturer's recommended batching and mixing instructions. C. The equivalent thickeness for 1-inch cementitious plus 125 mils of epoxy for SewperCoat 100% Calcium Aluminate product is 1,000 mils. The materials shall be applied- by an approved certified applicator and must meet the manufacturer's recommendations. Equipment for installation of lining materials shall be high quality grade and be as recommended by the manufacturer. 2.05 CORROSION RESISTANT MANHOLE MATERIALS A. Provide one of the following as indicated on the Plans: 1 Precast cylindrical Portland cement concrete manhole sections, base sections, and cone sections with one of the following factory applied internal coatings or approved equal: a. NeoPoxyTM NPR-5300 Series "PureEpoxy" spray on epoxy liner and other required fillers/sealants per manufacturer's recommendations. b. NeoPoxy NPR-3501 high tensile elongation epoxy elastomeric gout and sealant. c. NeoPoxy NPR-5305 trowelable epoxy filler, grout and sealant. d. Chemical and cementitious rapid set hydraulic grouts such as Strong -Plug, Strong -Seal QSR, Quadex Hyperform and Quadex Hydro -Plug, or other equivalents pre -approved by the engineer. e. NeoPoxy P-88 ultraviolet light resistant topcoat. f. EMACO liner (contact City of Pearland Public Works Department for specific type). Raven liner (contact City of Pearland Public Works Department for specific type). h. SewperCoat 100% Calcium aluminate by KerneosTM Aluminate Technologies. g. 5/2013 02529-6 of 12 CITY OFPEARLAND SANITARY SEWER MANHOLE REHABILITATION 2. The manufacturer of these applied products shall provide a minimum 10- year material and labor warranty. A 10-year manufacturer warranty shall be applicable to all Rehabilitation manholes as indicated on plan or as approved by the Engineer. 2.06 BACKFILL MATERIALS A. Backfill materials shall conform to the requirements of Section 02255 — Bedding, Backfill, and Embankment Materials. 2.07 NON -SHRINK GROUT A. For non -shrink grout, use prepackaged, inorganic, flowable, non -gas -liberating, non-metallic, cement -based grout requiring only the addition of water. It shall meet the requirements of ASTM C 1107 and shall have a minimum 28-day compressive strength of 7000 psi. 2.08 CASTINGS A. Castings for frames, grates, rings and covers shall conform to City of Pearland Standard Construction Details and shall be ASTM A 48, Class 30. B. Castings shall be capable of withstanding the application of an AASHTO H-20 loading without permanent deformation. C. Fabricate castings to conform to the shapes, dimensions, and with wording or logos shown on the Plans. D. Castings shall be clean, free from blowholes and other surface imperfections. Cast holes in covers shall be clean and symmetrical, free of plugs. 2.09 BEARING SURFACES A. Machine bearing surfaces between covers or grates and their respective frames so that even bearing is provided for any position in which the casting may be seated in the frame. 2.10 SPECIAL FRAMES AND COVERS 5/2013 A. Where indicated on the Plans, provide watertight manhole frames and covers with a minimum of four bolts and a gasket designed to seal cover to frame. Supply watertight manhole covers and frames, Model R-1916 manufactured by Neenah Foundry Company, Model V-2420 by East Jordan Iron Works, or approval equal. 02529-7 of 12 CITYOFPEARLAND SANITARY SEWER MANHOLE REHABILITATION 2.11 FABRICATED RING GRATES A. Ring grates shall be fabricated from reinforcing steel conforming to ASTM A 615. B. Welds connecting the bars shall conform to AWS D12.1. 2.12 INFLOW PREVENTERS A. Provide stainless steel inflow preventers with air release vents on all sanitary sewer manholes. 2.13 BENCH FORMING/REPAIR MATERIALS A. Use corrosion resistant concrete containing microsilica admixtures to repair and reform manhole benches and inverts. 2.14 MANHOLE COVER, FRAME AND INSERTS A. Provide cast-iron frames, grates, rings, covers, and stainless steel inflow preventers conforming to requirements of this Section and the City of Pearland Standard Construction Details if indicated on plan. PART3 EXECUTION 3.01 PROTECTION A. Provide barricades and warning lights and signs for excavations created by manhole or cleanout removal. B. Do not allow sand, debris, coating/construction material or runoff to enter sewer system. 3.02 EXCAVATION A. Excavate in accordance with Section 02318. B. Perform work in accordance with OSHA standards. Employ a Trench Safety System as specified in Section 01570 for excavations over 5 feet deep. C. Install and operate necessary dewatering and surface water control measures in accordance with requirements of Section 01564. 3.03 BYPASS PUMPING 5/2013 A. Install and operate diversion pumping equipment to maintain sewage flow and to prevent backup or overflow in accordance with requirements of the appropriate 02529-8 of 12 CITYOFPEARLAND SANITARY SEWER MANHOLE REHABILITATION Section. Obtain approval for diversion pumping equipment and procedures from Engineer. B. Design all piping, joints and accessories to withstand twice the maximum system pressure or 50 psi, whichever is greater. C. In the event of accidental spill or overflow, immediately stop the overflow and take action to clean up and disinfect spillage. Promptly notify Engineer so that required reporting can be made to the TCEQ and Environmental Protection Agency. 3.04 ABANDONMENT OF CLEANOUTS AND MANHOLES A. Abandon cleanouts or manholes designated on Drawing or as directed by the Engineer. B. Remove manhole cover, existing manhole cone, and fill the manhole as shown on standard detail for sanitary sewer manhole abandonment. C. If a manhole is to be abandoned on a rehabilitated line, install a carrier pipe through the structure and abandon the manhole as shown in sanitary sewer manhole abandonment detail. 3.05 MANHOLE WALL CLEANING 5/2013 A. The floor and interior walls of the manhole shall be thoroughly cleaned and made free of all foreign materials including dirt, grit, roots, oils, grease, sludge, incompatible existing coatings, waxes, form release, curing compounds, efflorescence, sealers, salts, or other contaminants which may affect the performance and adhesion of the coating to the substrate. 1. High pressure water blasting with a minimum of 3500 psi shall be used to clean free all foreign material within the manhole. 2. When grease and oil are present within the manhole, an approved detergent or muriatic acid shall be used integrally with the high pressure cleaning water. 3. All materials resulting from the cleaning of the manhole shall be removed prior to application of the cement based coating. 4. All loose or defective brick, grout, ledges, steps and protruding ledges shall be removed to provide an even surface prior to application of coating. B. Prevent any foreign material from entering the adjoining pipes. Remove droppings of foreign and wall sealant materials before they harden on the bottom of the manhole. C. No separate pay shall be made for this item. Include cost for sealing in the unit price for manhole liner. 02529-9 of 12 CITY OF PEARLAND SANITARY SEWER MANHOLE REHABILITATION D. Manufacturer's representative shall be available at all times on site to answer questions and approve manhole preparation work prior to lining. 3.06 MANHOLE WALL SEALING A. Seal active leaks in the manhole structure by using hydraulic cement material. B. Remove loose or defective wall material. Wipe or brush surface clean prior to the application of hydraulic cements. C. Drill weep holes at bottom of manhole walls to relieve hydrostatic pressure to stop leaks. Plug pressure relief holes after leaks are stopped using hydraulic cement materials. Lead wool may also be used to plug large leaks. D. Repair wide cracks, holes, or disintegrated mortar with quickset mortars. Follow manufacturer's application procedures. E. Reshape manhole inverts before wall sealing work. Apply concrete to cleaned manhole benches as specified in Section 03700. F. After all active leaks have been stopped, clean and prepare walls for application of selected liner material. G. Properly apply the sealing compound to provide the minimum required uniform coating to the wall surface. H. Prevent any foreign material from entering the adjoining pipes. Remove droppings of foreign and wall sealant materials before they harden on the bottom of the manhole. I. Strictly follow product manufacturer's published technical specifications and recommendations for surface preparation, application and proportioning. 3.07 MANHOLE BENCHES/INVERTS A. Remove obstructions and loose materials from benches prior to shaping the invert. Form a smooth, U-shaped invert having a minimum depth of one-half pipe diameter and channel it across the floor of the manhole using a quickset mortar. Control flow to allow sufficient setting time for material used. B. Make finished benches smooth and without defects which would allow for accumulation of debris. 3.08 MANHOLE COVERS AND FRAMES A. Adjust manhole frames and covers found above or below grade and reset loose frames. Make adjustments with concrete rings or approved materials. Set frames 5/2013 02529-10 of 12 CITY OF PEARLAND SANITARY SEWER MANHOLE REHABILITATION in a full bed of non -shrink grout and adjust to surrounding grade as specified in the pertinent section. Protect bottoms of manhole from debris or soil during adjustment. B. Install watertight manhole covers and frames at locations shown on the Drawings or as instructed by Engineer. Use new frames and covers. 3.09 BACKFILL A. Place and compact backfill materials in the area of excavation surrounding manholes in accordance with requirements of Section 02318 — Excavation and Backfill for Utilities. Use embedment zone backfill material, as specified for the adjacent utilities, from manhole foundation up to an elevation 12 inches over each pipe connected to the manhole. Provide trench zone backfill, as specified for the adjacent utilities, above the embedment zone backfill. B. Where rigid joints are used for connecting existing sewers to the manhole, backfill under the existing sewer up to the spring -line of the pipe with Class B concrete or flowable fill. 3.10 FIELD QUALITY CONTROL A. Conduct leakage testing of manholes in accordance with requirements of Section 02530- Gravity Sanitary Sewers. Vacuum test shall be completed prior to coating of the manhole. 3.11 INSPECTION A. After manhole wall sealing or manhole rehabilitation has been completed, visually inspect the manhole in the presence of Engineer. Check for cleanliness of interior surface, elimination of active leaks, and no blockage condition for sanitary sewer line. B. At completion of manhole rehabilitation, assist Engineer in verifying installation of minimum coating thickness of concrete liner. Test several points on the manhole wall. Repair verification points prior to final acceptance for payment. C. During application of corrosion resistant liner, a wet film thickness gauge, meeting ASTM D4414, shall be used. Measurements shall be taken, documented and attested by the Contractor for submission to the Owner. D. At completion of manhole rehabilitation, assist Engineer in inspection of installation. 3.12 TESTING 5/2013 02529-11 of 12 (e-N CITY OF PEARLAND SANITARY SEWER MANHOLE REHABILITATION 5/2013 A. After the coating product(s) have set in accordance with manufacturer instructions, all surfaces shall be inspected for holidays with high -voltage holiday detection equipment. Reference NACE RPO 188-99 for performing holiday detection. All detected holidays shall be marked and repaired by abrading the coating surface with grit disk paper or other hand tooling method. After abrading and cleaning, additional coating can be hand applied to the repair area. All touch- up/repair procedures shall follow the coating manufacturer's recommendations. Documentation on areas tested, results and repairs made shall be provided to Owner by Contractor. B. Visual inspection shall be made by the Project Engineer and/or Inspector. Any deficiencies in the finished coating shall be marked and repaired according to the procedures set forth herein by Contractor. END OF SECTION 02529-12 of 12 liw' ft' t CITY OF PEARLAND CONCRETE MANHOLES AND ACCESSORIES Section 02542 CONCRETE MANHOLES AND ACCESSORIES 1.0 GENERAL 1.01 SECTION INCLUDES A. Pre -Cast Concrete Manholes for sanitary. B. Pre -Cast and Cast -in -Place Manholes for storm sewer. C. Iron castings for manhole frames and covers, inlet frames and grates, catch basin frames and grates, meter vault frames and covers, adjustment rings and extensions. D. Ring grates. E. References to Technical Specifications: 1. Section 01200 — 2. Section 01350 — 3. Section 01500 — 4. Section 03300 5. Section 02255 6. Section 02318 7. Section 02530 8. Section 01140 F. Referenced Standards: Measurement and Payment Procedures Submittals Temporary Facilities and Controls — Cast -in -Place Concrete — Bedding, Backfill, and Embankment Materials — Excavation and Backfill for Utilities — Gravity Sanitary Sewers — Contractor's Use of Premises 1. American Society for Testing and Materials (ASTM) a. ASTM C 478, "Standard Specification for Precast Reinforced Concrete Manhole Sections" b. ASTM C 443, "Standard Specification for Joints for Concrete Pipe and Manholes, Using Rubber Gaskets" c. ASTM C 270, "Standard Specification for Mortar for Unit Masonry" d. ASTM C 923, "Standard Specification for Resilient Connectors Between Reinforced Concrete Manhole Structures, Pipes and Laterals" e. ASTM C 1107, "Standard Specification for Packaged Dry, Hydraulic - Cement Grout (Nonshrink)" f. ASTM A 48, "Standard Specification for Gray Iron Castings" g. ASTM A 615, "Standard Specification for Deformed and Plain Carbon -Steel Bars for Concrete Reinforcement" h. ASTM D 698, "Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort" 05/2013 02542 - 1 of 15 CITYOFPEARLAND CONCRETE MANHOLES AND ACCESSORIES 2. American Association of State Highway and Transportation Officials (AASHTO) 3. American Water Works Association (AWWA) 4. American Welding Society (AWS) a. AWS D12.1, "Reinforcing Steel Welding Code" 5. Texas Commission on Environmental Quality (TCEQ) a. Chapter 217.55 "Minimum Clear Opening" G. Definitions: 1. Shallow Depth Manholes- manholes having a depth of 4 feet or less measured from the top of cover to sewer invert. 2. Normal Depth Manholes- manholes having a depth of greater than 4 feet and up to 8 feet measured from top of cover to sewer invert. 3. Extra Depth Manholes- manholes having a depth of greater than 8 feet measured from the top of cover to sewer invert. 4. Corrosion Resistant Manholes- concrete manholes incorporating additional material, such as liners or coatings, which make them more resistant to corrosion than typical concrete manholes. 5. Standard Manholes Drops- drops of up to 3 vertical feet measured from the invert of the T-fitting to the sewer invert. 6. Extra Depth Manhole Drops- drops in excess of 3 vertical feet measured from the invert of the T-fitting to the sewer invert. 1.02 MEASUREMENT AND PAYMENT A. Measurement for Normal Depth Manholes and/or Normal Depth Corrosion Resistant Manholes shall be per each. B. Measurement for Shallow Depth Manholes and/or Shallow Depth Corrosion Resistant Manholes shall be per each. C. Measurement for Extra Depth Manholes and/or Extra Depth Corrosion Resistant Manholes is on a vertical foot basis for each foot of depth greater than 8 feet. D. Payment for Manholes under this Section shall be for complete installation including riser, frames, grates, adjustment rings, stainless steel inflow preventers, cut -in work, covers, penetrations, other appurtenances, and be in accordance with Section 01200 — Measurement and Payment Procedures. 05/2013 02542 - 2 of 15 CITYOFPEARLAND CONCRETE MANHOLES AND ACCESSORIES E. Measurement for Standard Manhole Drops shall be per each. F. Measurement for Extra Depth Manhole Drops is on a vertical foot basis for each foot of Drop greater than 3 feet. G. Payment for Drops under this Section shall be for assembly components, encasement, other appurtenances, and be in accordance with Section 01200 — Measurement and Payment Procedures. H. Payment for Air Release Manhole with Valves and Fittings installed is on a unit price basis for each manhole with air release valves, fittings and appurtenances installed and in accordance with Section 01200 Measurement and Payment Procedures. 1.03 PERFORMANCE REQUIREMENTS A. Perform work needed to make manholes structurally sound, improve flow, prevent entrance of inflow or groundwater, prevent entrance of soil or debris, and provide protection against hydrogen sulfide gas attack. B. Manufacturer's Product Support. 1. Through the Contractor, manufacturers of wall sealing or lining systems shall submit to Engineer for review and approval a detailed description of the proposed coating installation process. Describe surface preparation, independent laboratory test results, mix design procedures and method of controlling uniform thickness. 2. A representative employed by the manufacturer and having technical training in epoxy or cementitious liner shall be named and available for consultation by telephone during business hours and on site upon 48 hours notice. 3. Manufacturer's representative on concrete lining systems shall provide technical assistance to applicators to ensure proper usage of dispensing equipment and accurate proportions of admixtures. 1.04 SUBMITTALS 05/2013 A. Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B. Submit proposed design mix and test data for each type and strength of concrete. C. Submit manufacturer's data and details of following items for approval: 1. Frames, grates, rings, and covers. 2. Materials to be used in fabricating drops. 02542 - 3 of 15 CITYOFPEARLAND CONCRETE MANHOLES AND ACCESSORIES 3. Materials to be used for pipe connections at manhole walls. 4. Materials to be used for stubs and stub plugs. 5. Plugs to be used for sanitary sewer hydrostatic testing. 6. Shop Drawings of manhole sections and base units and construction details, including reinforcement, jointing methods, materials and dimensions. 7. Certification from manufacturer that precast manhole design is in full accordance with ASTM C 478 and design criteria as established in this Section, 2.03E, "Design Loading Criteria". 8. Product data, materials and procedures for corrosion resistant liner and coatings, if required. For coating and resistant liner systems requiring 10-yr manufacturer warranty, submit specific coating system including product, thickness, and application for Engineer's approval. 9. Manufacturer's data for pre -mix (bag) concrete, if used for channel inverts and benches. D. Installer Qualifications: Installers of liners and wall repair systems shall submit qualifications to Engineer at least 14 days prior to start of any material application. Submittal shall consist of: 1. Manufacturer's approved equipment list, by name and model number for application of product and contractor's equipment list showing approved equipment available for use in product application. 2. List of contractor's personnel who have satisfactorily completed manufacturer's training in product application within previous two years. Include date of certification for each person. E. Provide Shop Drawings for fabrication and erection of casting assemblies. Include plans, elevations, sections and connection details. Show anchorage and accessory items. Include Setting Drawings for location and installation of castings and anchorage devices. 2.0 PRODUCTS 2.01 MATERIALS A. Concrete shall conform to requirements in Section 03300 - Cast -In Place Concrete. B. Minimum concrete compressive strength of 4000 psi. 05/2013 02542 - 4 of 15 CITY OF PEARLAND CONCRETE MANHOLES AND ACCESSORIES C. Reinforcing Steel shall conform to requirement in Se ction 03300 - Cast -In Place Concrete. D. Mortar shall conform to requirements of ASTM C 270, Type S using Portland cement. 2.02 PRECAST CONCRETE MANHOLES 05/2013 A. Use manhole sections and base sections conforming to ASTM C 478. Use base riser section with integral floors, unless shown otherwise. Provide adjustment rings which are standard components of the manufacturer of the manhole sections meeting material requirements of ASTM C 478. Mark date of manufacture and name or trademark of manufacturer on inside of barrel. B. Construct barrels for precast manholes from 48-inch diameter standard reinforced concrete manhole sections unless otherwise indicated on Plans. Use various lengths of manhole sections in combination to provide the correct height with the fewest joints. Wall sections shall be designed for depth as shown and loading conditions as described in this Section, 2.03E, "Design Load Criteria", but shall not be less than 5 inches thick. Base section shall have a minimum thickness of 12 inches under the invert. C. Provide cone tops to receive 30-inch cast iron frames and covers, unless indicated otherwise. Use tops designed to support an AASHTO H-20 loading. D. Where the Plans indicate that manholes larger than 48-inch diameter are required, precast base sections of the required diameter shall be provided with flat slab top precast sections used to transition to 48-inch diameter manhole access riser sections. Transition can be concentric or eccentric. The transition shall be located to provide a minimum of 7-foot head clearance from the top of bench to underside of transition. E. Design Loading Criteria: The manhole walls, transition slabs, cone tops, and manhole base slab shall be designed by the manufacturer to the requirements of ASTM C 478 for the depth as shown on Plans and the following design criteria: 1. AASHTO H-20 loading applied to the manhole cover and transmitted down to the transition and base slabs. 2. Unit soil weight of 120 pcf located above all portions of the manhole, including base slab projections. 3. Lateral soil pressure based on saturated soil conditions producing an at -rest equivalent fluid pressure of 100 pcf, with soil pressure acting on empty manhole. 4. Internal liquid pressure based on a unit weight of 63 pcf, with manhole filled with liquid from invert to cover, with no balancing external soil pressure. 5. Dead load of manhole sections fully supported by the transition and base slabs. 02542 - 5 of 15 ra CITY OF PEARLAND CONCRETE MANHOLES AND ACCESSORIES 6. Design additional reinforcing steel to transfer stresses at openings. 7. The minimum clear distance between any two wall penetrations shall be 12 inches or half the diameter of the smaller penetration, whichever is greater. F. Form joints between sections with 0-ring gaskets conforming to ASTM C 443. G. Do not incorporate manhole steps in manhole sections. H. Do not use brick masonry in construction of sanitary sewer manholes. 2.03 MISCELLANEOUS METALS A. Provide cast-iron frames, grates, rings, covers, and stainless steel inflow preventers conforming to requirements of this Section and the City of Pearland Standard Construction Details. 2.04 DROPS A. Drops shall conform to the same pipe material requirements used in the main pipe, unless otherwise indicated on the Plans. 2.05 PIPE CONNECTIONS A. Use resilient connectors conforming to requirements of ASTM C 923. Metallic mechanical devices as defined in ASTM C 923 shall be made of the following materials: 1. External clamps: a. Type 304 stainless steel. 2. Internal, expandable clamps on standard manholes: a. Type 304 stainless steel, 11 gage minimum. 3. Internal, expandable clamps on corrosion -resistant manholes: a. Type 316 stainless steel, 11 gage minimum. b. Type 304 stainless steel, 11 gage minimum, coated with minimum 16 mm fusion -bonded epoxy conforming to AWWA C-213. 4. All precast openings shall be fully circular, 360° openings. B. Where rigid joints between pipe and a cast -in -place manhole base are specified or shown on the Plans, use polyethylene -isoprene water -stop meeting the physical property requirements of ASTM C 923, Press -Seal WS Series, or equal. 05/2013 02542 - 6 of 15 CITYOFPEARLAND CONCRETE MANHOLES AND ACCESSORIES C. Storm sewer pipe connections: 1. Connections acceptable for sanitary sewers. 2. Line pipe grouted in place with mortar. Rehabilitate. 2.06 WALL CLEANING MATERIAL A. Cleaners: Detergent or muriatic acid capable of removing dirt, grease, oil and other matter which would prevent a good bond of sealing material to wall. Refer to sealing material manufacturer's recommendations. 2.07 SEALANT MATERIALS A. Sealing materials between precast concrete adjustment ring and manhole cover frame shall be Adeka Ultraseal P201, or approved equal. 2.08 WALL REPAIR MATERIALS A. Hydraulic Cements: Use a blend of cement powders or hydraulic cement to stop active leaks in the manhole structure. B. Quickset Mortar: Use a quickset mortar to repair wide cracks, holes or disintegrated mortar. 2.09 CORROSION RESISTANT MANHOLE MATERIALS A. Provide one of the following as indicated on the Plans: 1. Precast cylindrical Portland cement concrete sanitary sewer manhole sections, base sections, and cone sections with one of the following factory applied internal coatings or approved equal: a. NeoPoxyTM NPR-5300 Series "PureEpoxy" spray on epoxy liner and other required fillers/sealants per manufacturer's recommendations: b. NeoPoxyNPR-3501 high tensile elongation epoxy elastomeric gout and sealant. c. NeoPoxy NPR-5305 trowelable epoxy filler, grout and sealant, d. Chemical and cementitious rapid set hydraulic grouts such as Strong -Plug, Strong -Seal QSR, Quadex Hyperform and Quadex Hydro -Plug, or other equivalents pre -approved by the engineer. 05/2013 02542 - 7 of 15 CITY OF PEARLAND CONCRETE MANHOLES AND ACCESSORIES e. NeoPoxy P-88 ultraviolet light resistant topcoat. f. EMACO liner (contact City of Pearland Public Works Department for specific type). g. Raven liner (contact City of Pearland Public Works Department for specific type). h. SewperCoat 100% Calcium aluminate by KerneosTM Aluminate Technologies. 2. Type I Coating: The manufacturer of these applied products shall provide a minimum 10-year material and labor warranty. A 10-year manufacturer warranty shall be applicable for the following sanitary sewer manholes: a. Manholes that receive force main discharge. b. Manholes within the lift/pump station site including last manhole before wet well. c. Manholes with 5 feet diameter and larger or manholes that receive discharge from 15" or larger diameter gravity sewer. d. Manholes as determined by City Engineer. 3. Type II Coating: All other sanitary sewer manholes shall be coated with minimum 125 mil thick coating of products specified in Section 2.09.1.a-d, or approved equal. 2.10 BACKFILL MATERIALS A. Backfill materials shall conform to the requirements of Section 02255 — Bedding, Backfill, and Embankment Materials. 2.11 NON -SHRINK GROUT A. For non -shrink grout, use prepackaged, inorganic, flowable, non -gas -liberating, non- metallic, cement -based grout requiring only the addition of water. It shall meet the requirements of ASTM C 1107 and shall have a minimum 28-day compressive strength of 7000 psi. 05/2013 02542 - 8 of 15 irk' ft\ CITYOFPEARLAND CONCRETE MANHOLES AND ACCESSORIES 2.12 CASTINGS A. Castings for frames, grates, rings and covers shall conform to City of Pearland Standard Construction Details and shall be ASTM A 48, Class 30. Provide locking covers if indicated on Plans. B. Castings shall be capable of withstanding the application of an AASHTO H-20 loading without permanent deformation. C. Fabricate castings to conform to the shapes, dimensions, and with wording or logos shown on the Plans. D. Castings shall be clean, free from blowholes and other surface imperfections. Cast holes in covers shall be clean and symmetrical, free of plugs. 2.13 BEARING SURFACES A. Machine bearing surfaces between covers or grates and their respective frames so that even bearing is provided for any position in which the casting may be seated in the frame. 2.14 SPECIAL FRAMES AND COVERS A. Where indicated on the Plans, provide watertight manhole frames and covers with a minimum of four bolts and a gasket designed to seal cover to frame. Supply watertight manhole covers and frames, Model R-1916 manufactured by Neenah Foundry Company, Model V-2420 by East Jordan Iron Works, or approval equal. B. Where personnel entry is anticipated, minimum clear openings of 30-inches is required. 2.15 FABRICATED RING GRATES A. Ring grates shall be fabricated from reinforcing steel conforming to ASTM A 615. B. Welds connecting the bars shall conform to AWS D12.1. 2.16 INFLOW PREVENTERS 05/2013 A. Provide stainless steel inflow preventers with air release vents on all sanitary sewer manholes. 02542-9of15 CITY OF PEARLAND CONCRETE MANHOLES AND ACCESSORIES 3.0 EXECUTION 3.01 EXAMINATION A. Verify lines and grades are correct. B. Determine if the subgrade, when scarified and re -compacted, can be compacted to 95 percent of maximum Standard Proctor Density according to ASTM D 698 prior to placement of foundation material and base section. If it cannot be compacted to that density, the subgrade shall be moisture conditioned until that density can be reached or shall be treated as an unstable subgrade. C. Do not build sanitary or storm sewer manholes in ditches, swales, or drainage paths unless approved by the Engineer. 3.02 PLACEMENT OF PRECAST MANHOLES A. Install precast manholes to conform to locations and dimensions shown on Plans. B. Place manholes at points of change of alignment, grade, size, pipe intersections, and end of sewer. 3.03 MANHOLE BASE SECTIONS AND FOUNDATIONS A. Place precast base on 12-inch-thick (minimum) foundation of cement stabilized sand or a concrete foundation slab. Compact cement -sand in accordance with requirements of Section 02318 — Excavation and Backfill for Utilities. B. Unstable Subgrade Treatment: When unstable subgrade is encountered, the subgrade will be examined by the Engineer to determine if the subgrade has heaved upwards after being excavated. If heaving has not occurred, the subgrade shall be over - excavated to allow for a 24-inch thick layer of crushed stone wrapped in filter fabric as the foundation material under the manhole base. If there is evidence of heaving, a pile - supported concrete foundation, as detailed on the Plans, shall be provided under the manhole base, when indicated by the Engineer. 3.04 PRECAST MANHOLE SECTIONS A. Install sections, joints, and gaskets in accordance with manufacturer's printed recommendations. B. Install precast or steel adjustment rings above tops of cones or flat -top sections as required to adjust the finished elevation and to support manhole frame. C. Seal any lifting holes with non -shrink grout. 05/2013 02542 - 10 of 15 CITYOFPEARLAND CONCRETE MANHOLES AND ACCESSORIES D. Where PVC liners are required, seal joints between sections in accordance with manufacturers recommendations. 3.05 PIPE CONNECTIONS AT MANHOLE A. Install approved resilient connectors at each pipe entering and exiting sanitary sewer manholes in accordance with manufacturer's instructions. B. Ensure that no concrete, cement stabilized sand, fill, or other rigid material is allowed to enter the space between the pipe and the edge of the wall opening at and around the resilient connector on either the interior or exterior of the manhole. If necessary, fill the space with a compressible material to guarantee the full flexibility provided by the resilient connector. All pipe openings shall be fully circular, 360° openings. C. Where a new manhole is to be constructed on an existing sewer, install precast manhole base with factory installed Fernco type connections and pipe stubouts at least two (2) feet outside manhole wall. Manhole shall be cut -in to existing pipe. No "horseshoe" or "dog house" type connections will be permitted. D. Do not construct joints on sanitary sewer pipe within wall sections of manholes. Use approved connection material. E. Construct pipe stubs with resilient connectors for future connections at locations and with material indicated on Plans. Install approved stub plugs at interior of manhole. F. Test connection for watertight seal before backfilling. 3.06 INVERTS FOR SANITARY SEWERS A. Construct invert channels to provide a smooth flow transition waterway with no disruption of flow at pipe -manhole connections. Conform to following criteria: 1. Slope of invert bench: 1 inch per foot minimum; 1-1/2 inch per foot maximum. 2. Depth of bench to invert: Pipes smaller than 15-inches: one-half largest pipe diameter Pipes 15 to 24-inches: three -fourths the largest pipe diameter Pipes larger than 24-inches: equal to the largest pipe diameter 3. Invert slope through manhole: 0.10-foot drop across manhole with smooth transition of invert through manhole, unless otherwise indicated on Plans. B. Form invert channels with class A concrete if not integral with manhole base. For direction changes of mains, construct channels tangent to mains with maximum possible radius of curvature. Provide curves for side inlets and smooth invert fillets for flow transition between pipe inverts. 05/2013 02542 - 11 of 15 CITYOFPEARLAND CONCRETE MANHOLES AND ACCESSORIES 3.07 DROPS FOR SANITARY SEWERS A. Construct Drops with same materials used in main pipe unless otherwise indicated on Plans or approved by the Engineer. Install a Drop when a sewer line enters a manhole higher than 30-inches above the invert of the manhole. All drops must be interior drops. B. Terminate encasement of blind drops a minimum of 5 inches below top of bell and not less than 12 inches above top of next lower bell. Install approved plug at bell. 3.08 MANHOLE FRAME AND ADJUSTMENT RINGS A. Combine precast concrete adjustment rings so that the elevation of the installed casting cover is 3/8 inch below the pavement surface. Seal between adjustment ring and the manhole top with non -shrink grout; do not use mortar between adjustment rings. Apply a latex -based bonding agent to concrete surfaces to be joined with non -shrink grout. Set the cast iron frame on the adjustment ring in a bed of approved sealant. The sealant bed shall consist of two beads of sealant, each bead having minimum dimensions of 1/2-inch and 3/4-inch wide. B. For manholes in unpaved areas, top of frame shall be set a minimum of 6 inches above existing ground line unless otherwise indicated on Plans. In unpaved areas, encase the manhole frame in mortar or non -shrink grout placed flush with the face of the manhole ring and the top edge of the frame. Provide a rounded corner around the perimeter. 3.09 BACKFILL A. Place and compact backfill materials in the area of excavation surrounding manholes in accordance with requirements of Section 02318 — Excavation and Backfill for Utilities. Use embedment zone backfill material, as specified for the adjacent utilities, from manhole foundation up to an elevation 12 inches over each pipe connected to the manhole. Provide trench zone backfill, as specified for the adjacent utilities, above the embedment zone backfill. B. Where rigid joints are used for connecting existing sewers to the manhole, backfill under the existing sewer up to the spring -line of the pipe with Class B concrete or flowable fill. 3.10 MANHOLE WALL CLEANING A. The floor and interior walls of the manhole shall be thoroughly cleaned and made free of all foreign materials including dirt, grit, roots, oils, grease, sludge, incompatible existing coatings, waxes, form release, curing compounds, efflorescence, sealers, salts, or other contaminants which may affect the performance and adhesion of the coating to the substrate. 05/2013 02542 - 12 of 15 CITY OF PEARLAND CONCRETE MANHOLES AND ACCESSORIES 1. High pressure water blasting with a minimum of 3,500 psi shall be used to clean free all foreign material within the manhole 2. When grease and oil are present within the manhole, an approved detergent or muriatic acid shall be used integrally with the high pressure cleaning water. 3. All materials resulting from the cleaning of the manhole shall be removed prior to application of the coating. 4. All loose grout, ledges, steps and protruding ledges shall be removed to provide an even surface prior to application of coating. B. Prevent any foreign material from entering the adjoining pipes. Remove droppings of foreign and wall sealant materials before they harden on the bottom of the manhole. C. No separate pay shall be made for this item. Include cost for sealing in the unit price for manholes. D. Manufacturer's representative shall be available at all times on site to answer questions and approve manhole preparation work prior to lining. 3.11 MANHOLE WALL SEALING A. Seal active leaks in the manhole structure by using non -shrink grout. B. Remove loose or defective wall material. Wipe or brush surface clean prior to the application of hydraulic cement C. Drill weep holes at bottom of manhole walls to relieve hydrostatic pressure to stop leaks. Plug pressure relief holes after leaks are stopped using hydraulic cement materials. Lead wool may also be used to plug large leaks. D. Repair wide cracks, or holes with quickset mortars. Follow manufacturer's application procedures. E. Shape manhole inverts before wall sealing work. Apply concrete to cleaned manhole benches as specified in Section 03300. F. After all active leaks have been stopped, clean and prepare walls for application of selected liner material. G. Properly apply the sealing compound to provide the minimum required uniform coating to the wall surface. H. Prevent any foreign material from entering the adjoining pipes. Remove droppings of foreign and wall sealant materials before they harden on the bottom of the manhole. 05/2013 02542 - 13 of 15 CITYOFPEARLAND CONCRETE MANHOLES AND ACCESSORIES I. Strictly follow product manufacturer's published technical specifications and recommendations for surface preparation, application and proportioning. 3.12 FIELD QUALITY CONTROL A. Conduct leakage testing of manholes in accordance with requirements of Section 02530 — Gravity Sanitary Sewers. Vacuum test shall be completed prior to coating of the manhole. 3.13 INSPECTION A. After manhole wall sealing has been completed, visually inspect the manhole in the presence of Engineer. Check for cleanliness and for elimination of active leaks. B. At completion of manhole construction, assist Engineer in verifying installation of minimum coating thickness of concrete liner. Test several points on the manhole wall. Repair verification points prior to final acceptance for payment. C. During application of corrosion resistant liner, a wet film thickness gauge, meeting ASTM D4414, shall be used. Measurements shall be taken, documented and attested by the Contractor for submission to the Owner. D. At completion of manhole construction, assist Engineer in inspection of installation. 3.14 TESTING A. After the coating product(s) have set in accordance with manufacturer's instructions, all surfaces shall be inspected for holidays with high -voltage holiday detection equipment. Reference NACE RPO 188-99 for performing holiday detection. All detected holidays shall be marked and repaired by abrading the coating surface with grit disk paper or other hand tooling method. After abrading and cleaning, additional coating can be hand applied to the repair area. All touch-up/repair procedures shall follow the coating manufacturer's recommendations. Documentation on areas tested, results and repairs made shall be provided to Owner by Contractor. B. Visual inspection shall be made by the Project Engineer and/or Inspector. Any deficiencies in the finished coating shall be marked and repaired according to the procedures set forth herein by Contractor. 3.15 CLEAN-UP AND RESTORATION 05/2013 A. Perform clean-up and restoration in and around construction zone in accordance with Section 01140 — Contractor's Use of Premises. 02542 - 14 of 15 CITY OF PEARLAND CONCRETE MANHOLES AND ACCESSORIES 3.16 PROTECTION OF THE WORK A. Protect Manholes from damage until subsequent work has been accepted. B. Repair or replace damaged elements of Manholes at no additional cost to the Owner. C. In unpaved areas, provide positive drainage away from manhole frame to natural grade. END OF SECTION 05/2013 02542-15of15 CITY OF PEARLAND PIPE BURSTING SANITARY SEWER SECTION 02571 PIPE BURSTING SANITARY SEWERS PART1-GENERAL 1.1 SECTION INCLUDES Pipe bursting existing sanitary sewers. 1.2 UNIT PRICES A. Measurement for installing replacement pipe using pipe bursting/crushing method is on a linear foot basis for installed liner pipe, measured from center line of upstream manhole to center line of downstream manhole. B. Insertion or access pits, clamp installation, embedment (bedding, haunching and initial backfill), field quality control (testing), sealing liner at manholes, grouting annular space, building up, shaping and reworking manhole inverts and benches, and pre -installation and post -installation cleaning and television inspection of completed work are included in pipe bursting unit price and not paid for separately. C. Excavations initially begun as obstruction removals or point repairs which the Contractor later decides to use as insertion pits are considered as insertion pits and not paid for separately. D. Trench safety systems, well pointing, backfill with cement -stabilized sand or bank sand and other applicable bid items associated with insertion pits will be included in pipe bursting unit price and not paid for separately.. E. All site restoration, which includes pavement, sidewalk, fencing, sodding and curb repair related to pipe bursting shall be included in unit price bid for pipe bursting. F. Cost of initial cleaning and televising, and post television inspection shall be included in unit price bid for pipe bursting. 1.3 REFERENCES A. ASTM D 1248 - Polyethylene Plastics Molding and Extrusion Materials. B. ASTM D 2122 - Determining Dimensions of Thermoplastic Pipe and Fittings. C. ASTM D 2412 - Determination of External Loading Characteristics of Plastic Pipe by Parallel -Plate Loading. D. ASTM D 2992 - Obtaining Hydrostatic or Pressure Design Basis for "Fiberglass" (Glass -Fiber -Reinforced Thermosetting -Resin) Pipe and Fittings. E. ASTM D 3262 - "Fiberglass" (Glass -Fiber -Reinforced Thermosetting -Resin) Sewer Pipe. 5/2013 02571-1 of 7 CITY OFPEARLAND PIPE BURSTING SANITARY SEWER F. ASTM D 3350 - Polyethylene Plastics Pipe and Fittings Materials. G. ASTM D 3681 - Chemical Resistance of "Fiberglass" (Glass -Fiber -Reinforced Thermosetting -Resin) Pipe in a Deflected Condition. H. ASTM D 4161 - "Fiberglass" (Glass -Fiber -Reinforced Thermosetting -Resin) Pipe Joints Using Flexible Elastomeric Seals. 1.4 DEFINITIONS A. Pipe Bursting. Reconstruction of sanitary sewers by insertion of liner pipe within the bore of the existing pipe, enlarged by breaking and expanding the old pipe. 1.5 SYSTEM DESCRIPTION Pipe bursting/crushing involves rehabilitation of deteriorated gravity sewer pipe by installing new pipe material within the enlarged bore created by using a static, hydraulic, or pneumatic hammer or "moling" device, suitably sized, to break old pipe, or by using a modified boring "knife" with a flared plug that crushes existing sewer pipe. Forward progress of the "mole" or "knife" may be aided by hydraulic equipment or other apparatus. Replacement pipe is either pulled or pushed into the bore. 1.6 QUALITY ASSURANCE Liner Acceptance. Provide liner material manufactured without defects to standards and dimensions specified. Causes for rejection include physical liner defects such as concentrated ridges, discoloration, excessive spot roughness, pitting, visible cracks, foreign inclusions and varying wall thickness. 1.7 DELIVERY, STORAGE, AND HANDLING A. Prevent injury to or abrasion of pipe during loading, transportation and unloading. Do not drop pipe from vehicles, nor allow pipe to roll down skids or slopes without proper restraining ropes. Use suitable pads, strips, skids or blocks for each pipe during transportation and while awaiting installation. B. Do not use, and remove from construction site, pipe with physical damage such as cuts, gashes, nicks or abrasions which may have occurred during shipping, storage, or handling, which are deeper than 10 percent of wall thickness. C. Use wide belly band slings for lifting and moving pipe. Do not use bare chains in contact with pipe. 1.8 PERFORMANCE REQUIREMENTS A. Maintain sewage flow by diversion pumping or other method approved by City Engineer. B. Clear existing sewers of debris, obstructions and other foreign material and make point repairs to existing sewers as necessary. C. Perform pipe bursting according to this Section. D. Shape manhole inverts. E. Test lines as specified in Section 02530 - Gravity Sanitary Sewers. 5/2013 02571-2 of 7 CITY OF PEARLAND PIPE BURSTING SANITARY SEWER 1.9 SUBMITTALS A. Comply with Section 01350 - Submittal Procedures. B. Submit manufacturer's product data with complete information on pipeline materials including physical properties and dimensions pertinent to this job. Furnish certificates of compliance with specifications for materials to be supplied. C. Submit independent testing laboratory test reports certifying that polyethylene pipe conforms to ASTM D 1248 and ASTM D 3350, that fiberglass reinforced plastic (FRP) pipe conforms to ASTM D 3262 and ASTM D 3681, as applicable. D. Submit manufacturer's product data on clamps. 1.10 TESTING A. City may have tests performed on field samples by an independent laboratory following applicable ASTM specifications to verify physical properties and characteristics of supplied materials. Provide product samples as requested by City Engineer. B. City will pay for tests on materials which meet specification requirements. Contractor shall pay for failed tests and consequent retesting. PART2-PRODUCTS 2.1 PIPE BURSTING SYSTEMS Provide systems of one or more of the following companies: A. McConnell Pipe Crushing System, Houston, Texas. B. Miller Pipeline Corporation (Xpandit System), Indianapolis, Indiana. C. PIM Corporation (PIM System), Piscataway, New Jersey. D. Trenchless Replacement Systems (TRS), Calgary, Canada. E. Trenchless Technology (TT Technology), Aurora, Illinois 2.2 MANUFACTURERS A. Liner pipe systems shall be polyethylene or products approved by the City. B. Approved manufacturers for polyethylene liner: Chevron and Phillips. 2.3 POLYETHYLENE LINER PIPE AND FITTINGS A. Provide polyethylene liner pipe, manufactured of solid -wall, high -density, high- molecular- weight polyethylene meeting ASTM D 1248, Type III, Class B, Grade P-34, Category 5, with a PPI rating of PE 3408. Use polyethylene material with a minimum cell classification of 345434D or E (inner wall of light color) under ASTM D3350. Higher -numbered cell classification limits yielding desirably higher primary properties, according to ASTM D 3350, are also acceptable. Dimensions and workmanship: Meet ASTM F 714 and ASTM D 2122. 5/2013 02571-3 of 7 r\ CITY OF PEARLAND PIPE BURSTING SANITARY SEWER B. Provide pipe with maximum Standard Dimension Ratio (SDR), and ratio of outside pipe diameter to wall thickness, as specified below. Select SDR for the deeper of two manholes in each particular pipeline segment. Existing Nominal Diameter (Inches) Minimum Outside Diameter (Inches) Minimum Wall Thickness (Inches) 0'-15' Deep >20' Deep SDR 19 SDR 17 6-8 8.625 0.454 0.507 10 10.75 0..566 0.632 12 12.75 0.671 0.824 15 16.0 0.842 0.941 18 20.0 .947 1.059 2.4 LINER PIPE SEAL AT MANHOLES A. Sealer for annular space between liner pipes and manhole: Oakum strips soaked in Scotchseal 5600 as manufactured by 3M Corporation, or approved substitute. B. Non -Shrink Grout. Strong Seal's QSR patching material, or approved substitute. 2.5 CLAMPS AND GASKETS A. Clamps. Stainless steel, including bolts and lugs; Type 108, as manufactured by JCM Industries or equal. Furnish full circle, universal clamp couplings with at least 3/16-inch thick neoprene grid -type gaskets. Select clamps to fit outside diameter of liner pipe as follows: Liner Pipe Minimum Outside Diameter Clamp Length (Inches) (Inches) 8.625 18 10.750 or greater 30 2.6 BEDDING MATERIAL Comply with Section 02318 - Excavation and Backfilling for Utilities, and Section 02252 - Cement Stabilized Sand. PART3-EXECUTION 3.1 OBSTRUCTION REMOVAL AND POINT REPAIR A. Make point repairs and remove obstructions, such as roots, rocks and other debris, prior to installing liner pipe. Remove and dispose of debris in accordance with Section 01500 - Temporary Facilities and Controls, or Section 01562 - Waste Material Disposal. 5/2013 02571-4 of 7 CITY OF PEARLAND PIPE BURSTING SANITARY SEWER 3.2 INSERTION OR ACCESS PITS A. Locate pits so that total number is minimized and footage of liner pipe installed in a single pull is maximized. Where possible, use excavations at point repair locations for insertion pits. B. Before excavating, check with various utility providers (e.g., Centerpoint Energy, AT&T), and determine locations of utilities in or near the work area. Costs of utility repairs, temporary service and other costs arising out of damage to or interruption of utilities, resulting from operations under this Contract, shall be borne by Contractor at no additional cost to City. C. Perform excavation and backfill in accordance with requirements of Section 02318 — Excavation and Backfilling for Utilities. D. Perform work in accordance with OSHA standards. Comply with Section 01570 - Trench Safety System for excavations requiring trench safety. E. Install and operate necessary dewatering and surface water control measures in accordance with Section 01564 - Control of Ground Water and Surface Water. 3.3 POLYETHYLENE LINER PIPE INSTALLATION 5/2013 A. Joints. a. Assemble and join sections of polyethylene liner pipe on site, above ground. Make joints by heating and butt -fusion method in strict conformance to manufacturer's instructions. b. Use operators who are experienced with butt -fusion jointing of pipe. Operators shall be trained in fusing polyethylene pipe with similar equipment using proper jigs and tools in accordance with pipe manufacturer's standard procedures. c. Form joints with smooth, uniform double -rolled back beads made while applying proper melt, pressure and alignment. Joints must be inspected and approved by City Engineer before insertion. B. Preparation. After completing insertion pit excavation, remove top of existing sanitary sewer line down to the spring line. Connect power winch cable to end of liner by use of suitable pulling head equal to outside diameter of liner. Secure pulling head to liner and attach to power winch cable so that liner can be satisfactorily fed and pulled through sanitary sewer line. Prevent ragged edges of existing pipe from scarring liner pipe. Follow insertion procedures in ASTM F 585. Do not allow sand or other debris to enter liner. C. Pulling Liner. a. Maximum length of continuous liner assembled above ground and pulled at any one time: Do not exceed length recommended by manufacturer's printed instructions. 02571-5 of 7 CITYOFPEARLAND PIPE BURSTING SANITARY SEWER b. Limit pulling force exerted on liner to that indicated below for the appropriate outside diameter of the polyethylene liner. Provide a suitable pulling force measuring device connected to the winch or pulling mechanism. Polyethylene Liner O.D. (Inches) 8.625 10.75 14.0 16.0 18.0 Maximum Pulling Force (Tons) 4.0 7.5 10.5 12.0 21.5 D. Alternate Insertion Techniques. Pushing, or a combination of pulling and pushing, may be used subject to City Engineer's approval. Avoid liner buckling or dimpling by limiting stroke of pushing implement. Cut out and remove portions damaged during insertion process. 3.4 CLAMP INSTALLATION A. Where excavations for liner pipe insertion are made between two manholes, cut ends of liner pipe smooth, square to pipe axis. Join liner pipes with appropriately - sized stainless steel universal clamp couplings. Butt together gaps between ends of liner pipe with space between ends not exceeding one inch. B. Bedding. Install cement -stabilized sand bedding in accordance with Section 02316 - Cement -Sand Backfill. Extend bedding 12 inches above clamp/liner pipe. 3.5 FIELD QUALITY CONTROL After liner installation, perform the following tests: A. Low pressure air test: Perform before sealing liner in place at manholes, and before making service reconnections to liner. Check integrity of joints made, and verify that liner has not been damaged. B. Service lateral connection test: After all service laterals have been completed for a particular sewer section, verify integrity of re -connections at points where they join liners and existing service lines by performing smoke test. C. Refer to Section 02530 - Gravity Sanitary Sewers for applicable test procedures. 3.6 SEALING LINER IN MANHOLES A. Allow liner pipe to normalize to ambient temperatures and recover from imposed stretch before cutting to fit between manholes, sealing at manholes, and shaping manhole inverts. Allow at least 12 hours for normalization of polyethylene liners. B. Cut liner so it extends 4 inches into manholes. Make smooth, vertical cuts and slope areas over top of exposed liner using non -shrink grout. C. Seal annular spaces between liner at each manhole with rubber water stop liner pipe seal and nonshrink grout. Place water stop around liner and grout opening in existing in manhole with non -shrink grout. 5/2013 02571-6 of 7 CITY OF PEARLAND PIPE BURSTING SANITARY SEWER D. Finish seal liner pipe to host pipe with non -shrink grout placed around annular space from inside manhole. Apply grout in a band at least 6 inches wide. E. Reshape and smooth manhole inverts as specified in Section 02529 - Sanitary Sewer Manholes Rehabilitation. Use approved manhole rehabilitation material to form smooth transitions with reshaped inverts and raised manhole benches to eliminate sharp edges of liner pipe, concrete benches and channeled inverts. Build up and smooth manhole inverts to match flow line of new liner. 3.7 POST -INSTALLATION VIDEOTAPE INSPECTION OF COMPLETED WORK Provide City Engineer with videotape showing completed work including condition of restored connections. 3.8 FINAL CLEANUP Upon completion of installation, testing and inspection, clean and restore project area affected by work of this Section. END OF SECTION 5/2013 02571-7 of 7 CUES. Inc. 3600 Rio Vista Avenue Orlando, FL 32805 Phone:407-849-0190 Fax: 407-425-1569 P«eF o InOoofion and lnleaation SdtwOO Main Inspection wit°i�; Pipe eRun arid Scoring Project Name: Old Town Site Start date/time: 11/13/2012 Direction: Downstream Mainline ID: GM-6839 Ity: Address: Pearland 2101 N. 35 M/H 4-10-71 South Pipe width: Pipe height: Pipe type: Surface condition: 8 CIPP Easement Surveyed footage: 647.2 Dry Weather: MEDIA_LABEL At213.6 ft2L .l_$ Lateral` 6 '= Category Inventory At316.0ft2/. e J:_L.I' Lateral -' Category. Inventory MN-1521 1h) d! ® At0.0ft >»)> START WITH -FLOW -Startdnspectton-wdh the Flow 9:0 f1 Category: Miscellaneous i r4J'Lfir�ll At86.8 ft9/. �.--- t Lateral Abandoned - Unsealed t,� � Category: O&M At 110.4 ft 10l. Lateral Connection Problem Category. Structural 4'Jt_f,7At263.0ft10/. ' ' Lateral ___....__Category. Inventory V V� �wa'^r'''.j' CAtrack-8 ft 12I12 , - tll'Crack-Crack in the pipe ,.---` ..- Category: Structural Kol At 3072 ft 11 /. : Lateral Category Inventory fi.. .l ,k E, f . ' At4162 ft 10/ Category: Inventory 1 J ) !,r? At441.1 ft10/. Lateral At489.7 ft2L pa j�--_ FT Category inventory Lateral v IyJ_:1_lAt483.1ft10/. Category. Inventory " !:- -- - . _ tom: Lateral ; -...-. __ _----._-._.�-CategoryInventory t .^� 4' J � Lt:'S1A1517.9ft10/. 1 --�— a_ Lateral _ Cate g o ry, In ve n gory_ At572.862!. 1 y Lateral Category. Inventory 4fa. AAt6472ft `-- - ��- t Manhole Category. Inventory $ 0 At 647.2 ft MN-t547- »»> STOP - Inspection Stopped Category. Miscellaneous Main Inspection with Pipe -Run and Scoring Monday, December 03, 2012 10:35 AM Page 1 of 1000ft 200 611 360.0 ft 400 011 500.0 ft 600.0 ft CUES, Inc. 3600 to Vista Avenue Orlando, FL 32805 Phone: 407-849-0190 Fax: 407-425-1569 Ir„oecm,� Main Inspection with Pipe -Run Graph Project Name: Old Town Site Start date/time: Mainline ID: GM-3224 City_ Address: Pearland # 2202 Houston MH 4-10-66 South Pipe width: Pipe height: Pipe type: Surface condition: 3/10/2010 6 CIPP Easement _ --�.�.-- Weather: MEDIA_LABEL Direction: UPSTREAM Surveyed footage: 616.6,-M. Dry A1560.6ft11/. Lateral'-"•` Category: Inventory At476.1 ft9/. J.L.4it Lateral ° +' --- Category: Inventory At 377.4 ft 10/. ya yL ` Lateral Connection Problert' Category: Structural Omitted: 276.6 ft Main Inspection with Pine -Run tom:;-. •. Vj 4. O .ft »»At616 ) STOP -6Inspection Stopped Category: Miscellaneous 4t. A1616.2 ft e"i '' Joint Offset - Joint Offset In he Pipe Category: Structural a -' At 590.4 ft Root -in -Joint - Root problem In joint ! Category. 0&M fIt - y At 586.7 ft 5/. Root -in -Lateral - Root problem in lateral Category: O&M _j•',At575.5ft e:: Root -in -Joint- Root problem in joint Category: O&M At 572.5 ft 9/. 4,40+ Root -in -Joint - Root problem in joint Category O&M At 569.5 ft 4/. Root -in -Joint- Root problem in joint _-_ Category: O&M At566.4 ft10/. . i.��t.; Roat-in-Joint- Rootprablem In joint Category: 0&M i At563.2.ft-96--•--`------ -- ��' Root -in -Joint- Root problem in joint Category: O&M -*At5602ft3/. a Root -in -Joint- Root problem in joint Category:_0&M—...__. , ,At551.1ft91. 'r, `-__ ` G•% Root -in -Joint - Root problem in joint Category: O&M At 545.2 R 9/. Root -in --Joint- Root problem Irs joint- --'-'- Category: O&M A1533.0ft11/. Root -in -Joint -Root problom in joint Category•. OVA +•fLAt3912ft3/. Lateral Category. Inventory Thursday. December 06:201-2 8:38 AM Pane 1 (toll 100.Oft 370.0 Pt 300.0 ft CUES, Inc. 3600 Rio Vista Avenue Orlando, FL 32805 Phone: 407-849-0190 Fax: 407-425-1569 Project Name: • RA t` .pee Inspecoon and m+er..mtion sceMao Main Insp'ettion with :Pipe, -Run Graph Old Town Site i Mainline ID: GM-3224 City: Peariand Address: 2202 Houston MH __m.4`10-66 South Start date/time: Pipe width: Pipe height: Pipe type: Surface condition: 3/10/2010 ! 6 CIPP Easement Direction: Surveyed footage: Weather: MEDIA_LABEL UPSTREAM i _,...._._..616.,6 ^w _. ...W.r �ry A1580.6 ft 11/. ,'L Lateral 1'•��:' Category: Inventory Al 476.1 ft 9/. J.�L ?, Lateral Category: Inventory At 3 7 7.4 ft 10/. Lateral Connexion ProblenK:=" Category. Structural Omittect 276.6ft Main Insoection with Pioe-Run Lj. At 616.6 ft )»)) STOP - inspection Stopped Category: Miscellaneous At616.2 ft Joint Offset - Joint Offset in the Pipe Category. Structural ">At 590.4 ft Root -in -Joint -Root problem in joint Category O&M At 566.7 ft 5/. Root -in -Lateral - Root problem in lateral Category: O&M - At575.5ft Root -in -Joint - Root problem in joint Category. O&M [- At572.5ft9!. Root -in -Joint- Root problem in joint Category: O&M k7 At 5669.5 ft 4/. - t'4� Root -in -Joint - Root problem in joint —C.ategory 08M -47At566.4ft10/. N.' Root -in -Joint - Root problem in joint Category: O&M A2563.2-ft,9L-_._.__.-_---._--.___._---_.._. ry ;, Root -in -Joint - Root problem in joint Category: O&M At 560.2 ft 3L rat:` Root -in -Joint - Root problem in joint Category:9&M____..___ j At 551.1 ft9/. r, "'? Root -in -Joint - Root problem in joint Category' 0&M At545.2ft9/. 200.0ft 6,t'-Root4n=9oint- Rootproblentinyoint Category: O&M At 533.0 ft 11/. Root -in -Joint - Root problem in joint Category: O&M JL At3912 ft3/. _-' Lateral Category: Inventory Thursday. December 06. 2012 8:38 AM Paae 1 of 7 0.0 ft 100.0/1 CUES, Inc. 360D Rio ANienUe Orlando, FL 32805 Phone: 407-849-0190 Fax: 407-425-1569 . . Plpogno onor Integration Soln.vmo Main. Inspections with Flat images Project Name: Old Town Site Start date/time: 11/13/2012 Mainline ID: City: Address: 2101 N. 35 M/H 4-10-71 South III GM-6839 Pearland Pipe width: Pipe height: Pipe type: Surface condition: Direction: Surveyed footage: Weather: MEDIAJABEL 8 t CIPP I Easement t Downstream t 647.2 t r Dry !, , .' OBSERVATIONS Footage Rev. Length Clock" From ••Clock TO Code ModifieFs/SeVerity Rating Comnients 0.0 No START WITH FLOW 86:8 No 9 Lateral Abandoned - Unsealed 110.4 No 10 Lateral Connection Problem The lateral has pushed through the main __. 213.6 No 2 Lateral . . . . _ 263.0 No 10 Lateral 305.8 No 12 12 Crack 307.2 No 11 Lateral 316.0 No 2 Lateral 416,2 No • 10 Lateral 441.1 No 10 Lateral 469.7 No 2 Lateral 483.1 No 10 Lateral _ • 517.9 No 10 Lateral ....___ 572.8 No 2 Lateral 647.2 No Manhole 647.2 No STOP Maili Inspections with Flat images Monday, December 03, 2012 10:43 AM Page 1 of 2 CUES, Inc. 3E00 Rio Vista Avenue Orlando, FL 32805 Phone: 407-849-0190 Fax: 407-425-1569 Sf' PlpoPio Inspection and Cdepiotion 90p0Gi0 Main Inspections with Flat images; 1 Project Name: Old Town Site Start date/time: 3/10/2010 j City: GM-3224 ! Pearland Address: 2202 Houston MH 4-10-66 South Pipe width: Pipe height: Pipe type: Surface condition: Direction: Surveyed footage: 6 CIPP._._.._..Easement- _......ntUPSTREAM .,._. ._ _..._._616.6.._.�. Weather: Dry MEDIA_LABEL OBSERVATIONS Footage -ReV, Ldngth Clock Prom Cluck To Code ,- • Modifiers/Seven 'Wing - ,o rtliients 0.0 131.5 Yes Yes 146.2 Yes^ 182.7 Yes 225.5 Yes 246.9 Yes 10 259.8 Yes 12 i 304.1 Yes 3 377.4 Yes 10 391.2 Yes 3 476.1 Yes 9 I 533.0 Yes 11 9 I 545.2 Yes 551.1 Yes 9 560.2 Yes 3 563.2 Yes 9 566.4 Yes 10 4 10 4 4 Mein Inspections with Flat images Mainline ID: START AGAINST FLOW Lateral Lateral Lateral Connection Problem Lateral Lateral Joint Offset Lateral Lateral Connection Problem Lateral Lateral Root -in -Joint Root -in -Joint Root -in -Joint Root -in -Joint Root -in -Joint Root -in -Joint Small Thursday, December 06, 2012 8:42 AM Lateral is collapsed Tap is collapsed I&IatTap Page 1 of 3 CUES, Inc. 3600 Rlo Vista Avenue Orlando, FL 32805 Phone: 407-849-0190 Fax: 407-425-1569 Cdtti ..Fkey,.. ,Len. e ackc TO. • • .eb.de - •: Via direr; t'eNte'rIty -k:atins:( npeorarma p.a.... kn..... 569.5 Yes 4 Root -in -Joint 572.5 Yes 9 Root -in -Joint 575.5 Yes Root -in -Joint 580.6 Yes 11 Lateral ... 586.7 Yes 5 Root -in -Lateral . _ . . .. ._____.. ..... _.__.._ 590.4 Yes Root -in -Joint. 616.2 Yes Joint Offset 616.6 Yes STOP Main Inspections with Flat images Thursday, December 06, 2012 8:42 AM Page 2 of 3 City of Pearland, Texas N. MAIN ALLEY SANITARY SEWER PIPE BURSTING FROM ORANGE ST. TO JASMINE ST. (JULY, 2013) • pM1uJ Rd 6; OCernL 1v4 g - Lemerery $ CDAsAo2., PROJECT LOCATION omega St eq;ac, Peadand-�W' \�,? UPP,Pnify el Ntwea4Cka+Lah< Pdadnnl Cerill.., CAI -GYM ,Eemeranry SUvnni ^.Sdm-Hmigiei City of Pearland Location Map Snt1: N.T.S. pit PEARLAND TEXAC Esr, 89� MAYOR Tom Reid COUNCIL Position 1 Position 2 Position 3 Position 4 Position 5, Mayor Pro Tem Tony Carbone Scott Sherman Susan Sherrouse Keith Ordeneaux Greg Hill CITY MANAGER Bill Eisen ASST. CITY MANAGER Mike Hodge, P.E. ASST. CITY MANAGER Jon Branson City Engineer Director of Public Works Andrea Broughton, P.E. Eric Wilson Drawing List 1 COVER SHEET 2 EXISTING SANITARY SEWER LAYOUT 3 PROPOSED SANITARY SEWER LAYOUT 4 SANITARY SEWER STANDARD DETAIL SHEET 1 5 SANITARY SEWER STANDARD DETAIL SHEET2 6 SANITARY SEWER STANDARD DETAIL SHEET 3 SUBMITTED BV: Clrygf'5ad Andrea Broughton, P.E. City Engineer DATE utill `)UIy 711310 t c EX. 6" SAN. SW MH 1 ■ ORANGE STREET •• ___tea11111111111 HOUSTON STREET 1-- a SWR. — • • — _ _ — — — — — — — M H 2 zl XI NORTH MAIN (SH35) CITY OF PEARLAND GENERAL. NOTES: • THE CONTRACTOR SHALL NOT DUMP ANY DIRT OR OTHER MATERIALS ONTO A PROPERTY BEING OUTSIDE OF THE BOUNDARY OF THE THIS PERMITTED PROJECT AND WITHIN THE CITY OF PEARLAND CITY UMITS WITHOUT A VAUD DEVELOPMENT/GRADING PERMIT ISSUED TO THE OFFSITE PROPERTY OWNER BY THE CITY OF PEARLAND ENGINEERING DEPARTMENT. IF SUCH DUMPING IS TO OCCUR WITHOUT A VALID PERMIT, THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR THE REMOVAL OF ANY DISCARDED DIRT OR OTHER MATERIALS TO AN APPROVED LOCATION AT THE CONTRACTOR EXPENSE. • CONTRACTOR SHALL ADEQUATELY PROTECT EXISTING STRUCTURES, U11U11ES, TREES, SHRUBS, AND PERMANENT OBJECTS WHICH ARE NOT SCHEDULED TO BE REMOVED AS A PART OF THIS PROJECT. PRIOR TO THE REMOVAL OF ANY TREES A CLEAR AND GRUB PERMIT MUST BE OBTAINED FROM THE URBAN FORESTER ((281) 652-1983). • CONTRACTOR SHALL MAINTAIN ACCESS TO RESIDENTIAL AND COMMERCIAL PROPERTIES ADJACENT TO THE WORK AREA AT ALL TIMES. • ON ALL PAVEMENT TO BE REMOVED, INCLUDING CONCRETE DRIVEWAYS AND SIDEWALKS, THE PAVEMENT SHALL BE SAWCUT TO FULL DEPTH PRIOR TO REMOVAL. • • SAN ALL WORK WITHIN CITY OF PEARLAND RIGHTS —OF —WAY OR PUBUC EASEMENTS SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE CITY OF PEARLAND SPECIFICATIONS, ACCEPTED STANDARDS AND APPROVED DETAILS. THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING AND UNDERSTANDING ALL RELEVANT INFORMATION PRIOR TO CONSTRUCTION. CONTRACTOR SHALL CONTACT THE CITY OF PEARLAND CHIEF ENGINEERING INSPECTOR AT 713) 775-4058 TO EITHER SCHEDULE A OR NOTIFY HIM OF A PREVIOUSLY SCHEDULED RE —CONSTRUCTION MEETING. THE PRE —CONSTRUCTION MEETING SHALL BE HELD A MINIMUM OF 48 HOURS PRIOR TO THE START OF CONSTRUCTION. THE CONTRACTOR IS NOT AUTHORIZED TO OPERATE WATER/SANITARY INFRASTRUCTURE UTILITIES, OWNED OR OPERATED BY THE CITY OF PEARLAND. CONTRACTOR SHALL CONTACT THE CITY OF PEARLAND PUBUC WORKS DEPARTMENT TO REQUEST CITY OF PEARLAND PUBUC WORKS AUTHORIZED PERSONNEL TO PERFORM ALL UTIUTY OPERATIONS. NOTES; 1. THE LOCATION OF SANITARY SEWER MANHOLE AND SEWER LINE SHOWN HERE ARE APPROXIMATE AND FOR INFORMATION PURPOSE ONLY. 0' 50' 100' 200' RR L' City of Pearland, Texas SANITARY SEWER PIPE BURSTING ORANGE ST. TO JASMINE ST. EXISTING SANITARY SEWER LAYOUT : ,uT a6u Don Mr R. S.M. 0•d r AHmuObe, Hikk : r.Rm W,(6pea) SHECT 2 OF 6 EX. 6" SAN. S ORANGE STREET 6" SA al% iWif SW HOUSTON STREET IN REHAB EXIST SAN PROP 645' LF^• S" SAN NI SWR MANHOLE SWR PIPE BURST NORTH MAIN (SH35) XI NOTES; 1. THE LOCATION OF SANITARY SEWER MANHOLE AND SEWER LINE SHOWN HERE ARE APPROXIMATE AND FOR INFORMATION PURPOSE ONLY. 2. ALL PROPOSED SANITARY SEWER MEASUREMENTS SHOWN ARE APPROXIMATE ONLY. THE CONTRACTOR SHALL VERIFY ALL MEASUREMENTS PRIOR TO CONSTRUCTION. REHAB EXIST SAN SWR MANHOLE 0' 50' 100' 200' PROP SAN SWR MANHOLE aw. City or Pearland, Texas SANITARY SEWER PIPE BURSTING ORANGE ST. TO JASMINE ST. PROPOSED SANITARY SEWER LAYOUT mt got SOU R svnw O.roN Afimmn xu' r-Ice �. w.-I 6w - 6MEEI 3 Of 6 c i 3 NORMAL SS SAW SACEMENT TABILIZED SAND BACKFRL COMPACTED TO L OM MAY OILY COMFY mTH WL IDO PSI MRHRESSNE STRENGTH N 2. WOUND TM MN AM UP TO 2' FROM ME TOP OF MI COAi0G (SR NOTE E) RESUEHT CRONCrma (Im.) MANHOLE COVER AND FRAME (SEC RIME) PRECAST CONC. APPROVED PVC (SR NON), DR STEEL AMUSMCIR RAGS (MINIMA 2 ADJUSTMENT RINGS) 12F MAX. MIGHT PRECAST CONC. .0 ECMNS SEALED JONI RUBBER GASTM CW SKR (RP) I' TWAT 1.5 S. CEMENT STABRKED SAND BACKFKL COMPACTED TO 95% NW COI/PRESS. STRENGTH WW1 MN. 100 PA NOM I. CLASS 1 CONCRETE AM A DE51G11 51REWIN Or 4000 PA W 28 4YU RATES FOR 14-20 LOADING. 2. PRECAST CONCRETE WAAL( CONFORMING TO STY CAW. STRUCTURAL RENFORCS. LIM.II SE /ENT �5 EWRELIMM . AttY 615A A. All 20R115 SM. BE SEALED WON APPROVED GASKET. 5. RAA.1E5 N WET SAID SSACRALDESGN. 8. MA.P.E. AMUSIYET MMOS A5 S HOOT MANUFACTURED EN UDRCN. AC. OR APPRNFO EOMAI. WIN WY, NE OF Ir. 7. NORSE-S OE SHAM PIPE OPENINGS OR BRAKOIR PPE OPENINGS WILL NOT E ACCEP5 FOR 00000c ON ME 11W101E. 5R SPECIFICATIONS. 0. NMWf55 LL WNW. 04 DP. GICN FAMED/LLD WOVE FED GRADE AWL RIVE AWED AME AM MAW 10. ALL INNHOLES N PAVED APES SING RIVE BLOCK O. (SR MSC. DETAIL MAN. OSTANDARD PRECAST CONCRETE mum, AN SEWER MANHOLE 1 NDrz: I. MANHOLE RUNE AND COVER TO BE PAST OMENEW NON SEWER PATTERN OR 0M. IPENTS. 0C NTRAC WEE SLYER 0 LOCATED N C. APPROVED CONTRACTOR WY USE WRN[0M r AND C, AFPRLV[D BY ME FNGN FA. 2. STARLESS APPROVED STEEL 81. PREVENT USED MADE BY KILL). NC.. OR APPROVED 00 SNNL BE YSCO D1 ALL SNIT 5(W. MANHOLES. J• E AND WOK (GRADE SNM. HALL WNW:ILES VVE TONGOPEN ED FRAME AM 0 VU ED 0144 34-7/8' MANHOLE COVER AND FRAME 1.5 SACK CLAM sumBWOOAl COMPAACTED TO 95% MAY. DRY D N511Y MIN 100 PS COMPRESSIVE STRENGTH . 2• AMIAO ME 191 AND UP i0 2' FROM ME TOP OF (SR PUNS OR DIAMETER) Eyy 4 x (577ISR Mrz t0) i 6C ROL BE EP0T40 Nro WWI. WALL OE FITTINGS W/ ENDESS AU Fas 0 BE t DmRMO SO THAT RASIERATER FLOW IS M.G.,/ DOWN STREAM T. NOTE CLASS 1 CONCRETE WM A DE9tN STRENGTH OF A000 PS Al 211 DAYS RATES FOR H-20 LW. 2. PRECAST CONCRETE MNImLE CONFORMNG TO STY G28. ST.RIKRAAL PERFORCE/5T IOR TN. TO ASM 8154 J. WING INSERTS AS REWIRED. JLINTS SHALL BE SEALED WM A➢PROAD GASKET. 5. MANHOLE MIST E CORED TO APPROPRIATE CPEHING. ?. EA 0 07 GASKET BWEST� BEUSEDTO SAL PIPE TO wMIME. 1. USE F. EAJNLE55 Sc 457 MSIWR t) ntArT.R1 PE S40 012 TSJELANT ROTS HIS O 'FORD MEW 9. PIPE SUPPORTS MOST E STNMEM STEEL (S. RANI SPACER). A. cARA PO CANES 0A WCMs 05 THE ' W1ow,. Whit BE VSED NTN A Am.. MT DEMETER MEMO.. GRATER INN 10 WMEU WILL REWIRE A 8 FOOT DIAMETER MANHOLE 12. WI) COWERS Of OPEN DITCH MD ABOVE MIMED GRADE 9YLL HAVE MI VE NGFD FAME 1J DROP LE SRNLL BE NSTALDIAL0LE0 WNENB• SEW. WE EWES EE MSC. AETY MIBI0L 40850 •• 1HIAN 20-R0NC5 ABOVE 1M NVET OF ME 0WHOIE. 15 H.D.P.E ADJUSTMENT RINGS S WNUFACMR. BY LADTEW. N0 OR APPROVED COWL WTK Ma. MDT CA Ir. 1HOLE MEP AND run (SR NT.) PRECAST CO.. APPROVED MAC (SEE M1E). 0R ARE AMUSEMENT RAGS (MNMUY 2 ADJU5IMEM RAGS) 12' YW. NEWT PRECAST MOW �� YAIHOLC SEEMS SFALM JOINT RUBBER ,INESSSTE. /ASSucii') �L .1xCHOMO'iL PVC OKA 5/ME DMIETER AS UNITARY SHYER SUNLESS STEEL SUPPORT y BRACKET a ♦NCK0R5 SEAL RAC (DP.) RESEIEM EDNMCTOS Om.) PING 8 4� I- II THICK CAM MCNSF1 LCOMPAACTED TOA95% wK DRY DENSITY low EWE. 100 PSI COMPRESS. 51RExcM 22 STANDARD PRECAST CONCRETE SANITARY SEWER MANHOLE 1 AND IM :NAL DROP EN LOCK (II) MPG • I -ION Me A SECTION A -A 1 INC SNAP FACED G4RA LOGO I AR la) BNBAG 51.T5 [WALLY SPACED (1) BOLT SLOB I' WOE LN se• TB se Ip' sa Rome I /P SWAP FACED NOW 1. �WORKS TEWARKAFR_ OR O APPRDVCO FOMlE WO COVER TO BE EAST . H WHERE EWER IS LOCATED N ASEMEMS, CONTRACTOR MN USE ACHTF000T Ir AID C. APPROVED 8Y ME 2, STARLESS STEEL WL. SHALL BE UINFLOW SED ON M. WOE AMMO' C. O. 80200 wONIIS IN OPEN DITCH WO WOVE FINSMD GRADE SANE HAVE HINGED FRAME AND COVER. /2' 1 J' NOHYALi_ 5 15 SACK CEMENT STA9NZED SOLD 4CK1l COMPACTED TO�L SAL WC DRY DENSITY IY11N 100 Psi CCONP005NESSNE sTWEMTN. Elm 2. ARAW IRA MN AND UP TO 2' TRW ME TOP M RH AND /IAEYEIr(SE DRAG) AB' PRECAST CONC.. /PAWNED WC (SEE NOTE). OR STEEL ADJU7IYENT RAGS (Mw02 2 ANU55EM RAGS) 12• LW. HEIGHT 4 8M051 CONL 4WHOL2 SErn0N5 SEALED JOINT RUBE. TANlE55 A SM CI ] .) `�B.LR�/NCEIORED'� 11 P BOL15P r SiAms STEEL ANCHORS BOL15 I BE MOVED NM IMEMLE HALL MI REND m � PVC DROP SAYE DAMERR 5 FORGE YNN STARLESS STEEL SUPPORT y BRACKET W ANr20R5 SEAL RNO (TIP.) RESAEM uMEGroFs (lro.) g DA WARS W/ STAINLESS STEEL BOLTS �1' TRUCK 15 SACK CEMENT STABRJZED 1.10 TO BE 50 MAT WASTEWATER FLOW 1. DSAND M 0E0SH4 MN VOL IEL COMPACTED i000 051 R OTC. OWN STREAM COYPRESSNE STENOM IKRA°ASS 1 CONCRETE ERN A MAW S4NINNTN OF 8000 PA Al 28 OAR RATES NR H-2D 2. L00000 i CONCRETE Wm. COMgMNO TO Vary UTB. STRUCTURAL RDNEOREYEM CONFOARS i0 STY EISA :. WING INSERTS S PERMED. S EMNOLE /MST BEJul ZWIS ICORED T APAPPROPRIATE OP 10.' 8. HATER mar 450R YU51 OE U5E0 TO SEAL PPE To WM10LE. 8.. WE PIPE LESFITTINGS TELL BE (ONO) BOLT ANCIAR TO WNW MAPORTS m NW. SPROVED EOVAL 8. RAE SUPPORTS RUST BE STARLESS STEEL (J. LW SPACING). 10. FGR 0500 0MAD COWING ON THE WJAOLE. 0 SPECIFICATIONS. 11. FOR TAME FORCE MAN DROP 8' OR LESS.. STANDARD : MANHOLE 5 ALLOWED. 12. NUDE FORCE LEW1 DROP URGER THAN D' MUST E APPROVED BY OW ENGINEER. IF ALLOWED. wM01L WADE DIAMETER AMA E SHED TO ALLOWS 4EARAVR. M. ALL WNNDES N OPEN DITCH AND WOVE OLIO GRADE SHALL HAVE HINGED RUBE WO COVER. R! MOPM4MANNNOLE SMAALL DE RLWRfi1 C140 WEN A NAVE SE ER OUT LAR ENTERS A NANIm. AIL HOMER NUN J0-NCMS ABOVE THE WET TI Or E MANHOLE. 15. ..E. ALNSMENT RWGS S WAN WTUREO BY WRECK. W. OR APPROVED EWAL NTH WY. HOW OF Ir. 3 STANDARD PRECAST CONCRETE SANrrARY SEWER MANHOLE 1 AND FITERNAL DROP FOR FORCE MAIN CORROSION -RESISTANT STARLESS STEEL MARACA STRUT/ 1 1 /2' DA BARREL OD. 23 S/A- Am, Dt1.0ED WM Y8 THREADED ENDS COVER IN 90 LOCKED POSITION COVER IN 120 RESTING P05RION 55 HNC MANHOLE COVER 1 AND FRAME I REMOVE LIFT ASSIST BOLT & REMOVE COVER 0 97 REMOVE UFT ASSIST BOLT & REMOVE COVER 0 90 NOTE: 1. ONLY PRE -CAST MANHOLES SHALL BE USED. 2. N0 BRICKS OF ANY KIND WILL BE ALLOWED IN CONSTRUCTION OF MANHOLES. 3. MANHOLES SHOULD BE PLACED HALF WAY BETWEEN THE FRONT LOT CORNERS IN MULTI LOT SUBDIVISION. a. IF LOTS ARE LESS THAN 60' IN WIDTH, MANHOLES ARE TO BE PLACED AT PROPERTY CORNERS. 5. ALL CEMENT STABILIZED SAND BACKFILL SHALL CONFORM TO SPECIFICATION CEMENT STABILIZED SAND - SECTION 02252. WSW. sWET BEEN PREPARED FOR USE ON AM%N ARRAWItiLG ATTAN OWEARUND EEUEAILS ON OW AMER TIES Pro USE W ME FRO PRODuCT S IL)ANDM INE ESSaXI''`SiuT 0 0OFPEcsi TRRAnw FOR PRO City of Pearland. Texas STANDARD DETAILS SANITARY SEWER CAM MN 2012 D.. eye ItiNOWFIE MAC MA Drov4Nlm CAD MG OF (J SANITARY SEWER bTb I>=M CONSTRUCTION NOTES I. F049E0 00*2. ON WV. SEWER .044E RLO SN4L BE OPEE p) FM. AWE 04 AFL 03 SLOPED ` RN. aEttn FmOp-rAr. CLEAN FRE sNyl 2. CONTRACTOR SHAH YARK 0O YAINUIN RCORW b SMI}, RO a sENxe LEAo LOCilgx4 .IH Wac Loafs AxD ] vvcr6"PvcA1O 1 MINA Lp05 MD SANITARY SUTER UNE .11 RE 1/14.07 N WNW( REMISS A. P. PPE (POLYVINYL CIEORIN) SNEL BE w ACC0OA%E MTH ASTY 03034. 9A 26 VAMP. f „PES wO ; /OR WEAL MCM.55 TO BE IT) DRAY Ha,E P. 'BAT. 9MPrn BEu .HO SPODT -44, Curt f RUMP ro AON MU. BE APPROVE FOR VEYL SEMRRIDI6 �u r-AE). SgvEM nELD(D 4nTa Wat NOT 6. vLEWTHwLE rcIRON WDNRAP FAs 9WEMBE IwSo uPr9j/AWW0Ma Ti nY6 BUCK WgN 7. SEWER mTERNS A096.191SHAL IN ACWL E< OOCE MN 1M ON M ]H or PEARL. DWw suowDS CONTR.. ID FURNEH MST.. RAmOA M SrMATE N SR OULAPS TO a q AN MOW w ACCYu6i 6 YANTAN TIC]--0.. 1.1 CLEARANCE EEIMEN ALE SNPTARO SEVERS MO CUL.. UNE55 CTN.. NOTED. S. To 6+couiD RWRN"ClUtra D9Hu PS.:NTa a 4'41 DN6 (Nicol PEBA NE IS UMFW �SANT . BE W4. MUM COST Or 11.1.1. NON PONCE BD R RW FOOT Or PRE 1¢ ALL � ROPODEO 1.-P 00lR5"SAMIAITY P. Mr OF BE SLEW.=D 00* SIOLL BE 5.10. OR CF--Bm (OR IS 1( ORMM Fx 11. RAD s[PATArt OEW50 FOR 41wn.YP{5 A TSW6TAR1 WPM Poi SNNL BE CLASSMALL NAM '" Al M I PLOT Y0M0E WATER STOP OASKC AA0 C1ANP NSW.NSW.AT uwglE f nRE, wE9.4 (NO SEPARATE PTA. 11 SAMAR, SW.*000. a SHALL BE 9TA 33000 IYFE, WLE55 OT IEEOAOE NOTED. AM 10 alto W TN CM. SIAQ SAND AEA SP[U[0 TM N µC SwTM 30 SHALL BE AT 1451 ACrt TM TEN 000 NOW 404UNN. gCTI ,WORK PaUT W.LL.YP4LE, sw:L eE MI. MN MOOR WWI A 'S. 0< APPRgED. 1 0001 BL 59 Iel INCHR DR Er+W f0) ANR[5 RNEIR AT 4rox YN N. LW[ Ab SA LW]�DE qY. OR ]6. 15D P9 P�SSURC PRi NNMd1nO LD AST. 9 t[s5�i1YM ➢wa 0) 0 WLL O[ OAP. P9. 01 (3* 5 CL 51. 003. }MO 1])rml cD.ER TO Tm RLwm (WO SRAUTE Puy T6 Eter.9IT 4M 0000:5O.O II¢ sTWRiE1 RMaW=[s1u w(W0aA050vR•50 PTA). I6 s`EEi24 PASTAS 04005 Rvwsw"tl. wu Wo01050 18 OWES WN9anW Or 1>• CMM sT 6y2E0R SwO. 100 SEPAR10 PPAn. SASRENT SHALL BE BARglEO WIN M W MMT DAM 0 0.0.9..0 00 THE FEW O5E SRCWL BOX. AS CaEONNEO BY M CIO. E0 us( WHIN PPE TIN ALL FORCE MM. 20. 9901V00.0 P E BMX. COWL PINROM.ANO GWw szr[Y a ]1. NB CLL.. 41ONW N NH. RIONT-0r-.4 R 4cuoBs SPECIAL NOTES LOCATION OF EAMTARY SEWER FACLITES 1. f STUES ARE UM N M CROWD ATM STACK Alp LE. CONSTI CTION Or UNIES MSELL N AN VONT L BC 4AD[ TO PPM. MN DORM PA. COMMFMMOWED OW FOR ANY SUIMYCONTRACTOR R[u46 RESPOND. FTR LMATNO AM ARPA.MF E A5 NS00000 MIN. 2' 6 OM.9 R ALL 03.0110. 409. BE DESFONSOLE FOR PRON. ED03 AS UMS MRCS RAM AT M COW.. R TES AB. 1 M UNITY CONTRACTOR B RLSF015EEE FOR LOCATING AM MA00NO ALL SOON FAR M 50E LEADS MLR M PA. 64 TM SECTION I COYRETE. A 1/4-0C11 OSEP NOT MALLL IX CUT DI THE CURB AM PAN. OM A REAR UM AWKENT TO THE r Al TRI,CH NOM A 40116: 1. PRP'0E STARS FOR SERYOE CONNECTION MOWER M CROWN OF M SEWER O 6 FEl0 OR YORE DELON NdED GRADE 6".N"005MVR E AII STACRI TO BE W0.10R IN PRICE OF 14. MCONC. OF 1REN WNM 25 Al CH CONTRACTOR'S OPTIW 10 fN�LL COWYPACRD5 00 Lu D 6' PRE FOR STACKS USE FACTORY TEES (WOES). (FOIL BOOED SANTARY 7) SECTION 'A -A' SANITARY SEWER STACK SEMIC6 SIN)iESC FITTINGS SR INCLUDED N PRICE FOR 5CIr1CCS PA FOR SE DOUBLE RYE 1.0 DOUBLE SE PPE 1.0E Ww. CRAPE 6" PPE 0.71 NIX GRIM PROPERTY IC PLUG MARK ACTWI 5h10N ANO ROW SAME RA10N R EACH SERVO[ CONMC5KN AT PLW ON AS-0145 DRAWN.) NOTES: T. ALL SNOWY SEWER SERVICES ME BE BROUGHT TO 11I101 4 TO 6 FEET R FO0SMU LOT ERNE ELEVATION AT PROPERTY LINE (00T1 0r WAY). 2. SEWER SERVICE LENS SHALL NOT 0E BACINLLE° UNTO. VISUALLY NSPECTED BY CM NSPCC.R. ]. WHERE TOE RIM LIM of M SERV. LE/0 IS 36-0O¢5 R REAMER ABOVE M ROW WE Or TM WANHOIE. PRD]DE A STANDARD RCP Y0001L 2 DOUBLE SEWER SERVICE 2 APS 10 A*(505 4 EWAL CASINO GRACERS NST41E0 PIN Norzs AND cA9Nc FANS APS R APPROVED Ou4. ENO SETA TIP BOON ENDS) APPROVED UON RESONANT INCASE.. PIPE. 10 BE S930 WLDEO NM A YIN WALL WP0ME55 W 0250 INCHES PARR CA914 PIPE I2' TNRMR ]6". CASING PIPE LARGER THAN 56' SHALL WE A WALL RUML55 SPEC:NCO 0T ME 14904NA RGDEER. LONOTUDMAI SECTION CA3NC TABLE OTA mE r INCNCS 040 RISC M40C M IN PVRCS 2 0 9RPGRT "YARSA10 IN FFLf 4.7 6 16 112 0 70 1e 22 90 ]0 12.0 1 ]T b 12.0 ATER R WASTEW*TER NPE AUOR Ol5 10 BE NO LRQ THAN T" GREATER THAN M 50150E DIA OF CASNG PRE. ENCASEURT PPE PPE BELL , /-AURR HOE 1iC!%%;ir1 CROSS FS](QN NOTES: T. SPACERS FOR CARRIER PM SHALL BE STAOAOSS STEEL tOPRENE R APPRCK0 COON Ala? SHALL DE NA ING N9D[ CENTER CARRIER AS PREVENT T E GAMIN RNER.�( FRNIiAMST. Ram INS MILS TADOn THE GSM. SE[ CASING TABLE FOR SPACER DOTANCE AND NUMBER R SPACERS 1 INSTRALLINCG CONTRACTOR 5VG PRE TO ALLOW FOR AOLOUAIE CLEARANCE. TAM .0 CONSIDERATION TX 92E MO LBWS Or PM P[SDIANR MEN ORDER MO SPARKS TO BE PLACED A Or V BACK IRON EAR AMT OMT FALLS NT. CAS.A GREATER SET SUPPCIOY OE REOUREO FOR LARDER MM. SEE USNO TABLE FGR 4001110N.4 POO Of jDACNG OF A. ENEN MAT INC Z..G Pun NOFT�Av19 IK4PROPER 5011. R SHALL TAKE ALTO CON90ERATON P1R BADE 50 1 ]qNT REfl0AwTS AM RL0WEO R 4L 1}HT5 MAT FALL UNDER 0R W5IW II RT09IWA0 ROS.CS REOARDIL55 4 PRE YAISA4. USW GR NOT. 1S SASH CEYEM ST.= SAND KFM CCOWMEN) TO SE YAA DENSITY OSTEEL PIPE CASING PAY !OR SEW. K SN& INCLUDED N PRICE PR 1.0E Mk GRACE 6' PIPE OM WM GRADE PLUG. L 0 0 1/B BOND PRGRRn UNE NOTES T. ALL SINGLE SEVWR SERVICES AND WOOL SEER RUMS. AS .0LN, ARE 011ERO5IOEADLE. AS RL50RED, ID MINCE MN STARS MOLE WKS ANO BEM AS REOPRED. TAPS MI PLC PIPE TO BE P.N. Dal 2. PROVIDE LOCATOR WERE LOOPS FROM EAR SERVICE CONNECTOR TO NEAREST RANHO. 1 � HTM ROW SAME OF TM SEANCE TEN 66- SIT JES OR GREATER R01Y UNE Or M 2A001.E. PROVIDE A STA.'01Ro OR. YN4CE. O2 SINGLE SEWER SERVICE NOTE: 1. ALL SWRARY SEWER TAPS SHOULD 8E PLACED W LINE WITH PROPERTY CORNER OR PLACED HALF WAY BETWEEN ME FRONT LOT CORNERS, OR AT PC OF CURB RETURN IN MULTI LOT SUBDIVISIONS. 2. IF LOTS ARE LESS MAN 50', IN WIDTH TAPS ARE TO 8E PLACED AT PROPERTY CORNERS. RCS DETM SHEET BARDEEN PREPARED MIME oN STANDARD Ott Of:MARLA. PROJECTS. 0.1 EETB5500 N4110.01 E HO MCOPPORAS THE OVAILD ON TM 9N R Ia MEIN THE O PROD.or WE Moo STAATiEE OwnO OrRECOTRAT.FOB 10 mnESSGNA DNAMERS. ilaRIil City of Peorlond. Texas STANDARD DETAILS SANITARY SEWER OMR Y0E 20(0 044 M CAN MA Woo 0.0 W COP-SANT SHEET 2 OF J MN. 3500 P9 CO2'RE55WE STREWTH 101.07 E0 CcacRE1E TAN. 6' TND0E55 0///A' E0PANLDN AWl EKESD ALL SAW -CUT .T CO-SRE Soli BACA FAA TO BE POCA M6'LAVER$a DENSTI1 TO BSA Max. OBE DD6m /H BARS 0 127 C/G LW. MLA I i0I/TV 2. E b 101-711* A5Px4CONG. ASPHALT PAWNG BAY BAY RERKEMENT SHALL OE GUSTED WESTONE WORM 6' 15 SACK CEMENT STABAAED SMO mCNRL CouPACTEO TO 954 ROC DRY DGSM SI000ENLOA OM 100 P9 COMPRESSNE SEE MLNCH WOTH RASE O'WENCH SECTION FOR CRAVTTY SEWER 9 UNDER PAVEMENT Ev61E0 GRADE YAK[ SAND COMPACTED TO 951 OILY DESITY d SITE SOL BACROLL TO BE PLACED W D' 4YR5 coYWCTED TO 951 MAR DIE DERSIY 1.5 SACN CEMENT SOMA= SAND DAYJOILL SCI M —71 PLATED TO 95x M. wail km I00 P9 coMPRE55NE OTH I-5¢ IN0401 sTREWTHWar OAA PPE BEDDING DETAIL FOR CRAWTY SEWER 3 GRADED AREA OsaNrrAWY SEWER MANHOLE ABANDOMME NT um. 'Soo PSI MPRESSSTRENGTH CORoWCOCED CPRRETE TI9NM55 3/4" ECPANWI JOINT AR0010 ALL SAW -CUT EDGES N-SITE 5w% BKAFOL TO PLACED w 0. LAYERSA COMPACTED TO 951 ROL DRY CIN. 100 PSI YP0ESSNE STRENGTH I S SKA CDENT STAOAq(D SAND DRY DEL COPACTED LO 951 MAL DRY DENSITY u 0, DRNN AY a140n PAZTED rD 3" 00 RRP we NO12. C/C. E.W. 701. I I/2" TrPE b' HOT -MA ASRLLLTO CONC. ASRMLT PANG DAY CASE REWAcOODrt 90L1 BE CWI61013 LAESTOMC IS 5/479 CEMENT s1ABAIRED SAND L COMPACTED TO 95% WRDRY DOTTY D11T1 CAW. 100 179 COMPRESSIVE BWN WO DAGIaL STRENGTH COMPACTED TO 95s LIRE. DRY DENSITY SEE MUCH MOTH TABLE BEDDING AND BACKFILL FOR FORCE MAIN UNDER PAVEMENT BEDDING AND BACKFLL FOR FORCE MAID GRADED AREA METH GRACE ON 511E 50L MORAL TO DE MACTD w S" LAYERS a WT1AC01 TD 051E Max. DRY 00617.1 M n 004 PAIRC LINER d FOIW. (Mw. NAP 121 CM9103 CONCRETE OR Cb9® 5100E 3/e7TO I-3/4" (7/0 UI0.0012) � M TABLE BEDDING AND BACKFILL FOR WET SAND Cw 3500 PS CMPRESSWE SMT.NG1 REw3MCEO CONCRETE Mk A. TN00A55 EOCES ALL SAX-CN EKES ,T ON-91E 50E BACKFILL ID BE P10E0 W 6' LAYERS a COMPACEO TO 9v MM. COY DEBSTIN VOL'. CEMENT 9ADWZG SMO oRy oCloolm.nrn m ns1 Mu GRADED AREA 1NK I i/2" TYPE b" 107-147 ASPHALTIC CONE. IA BARS 0 12- ASPIL41 PAW& C/C. E.W. BASE BASE REPTCFIIENI SHALL DE CRUSHED I ESN E MWNM 6'. LAMA Boom rumo LINER cm CRUSHED CONCRETE OR CWU9® STONE 3/7,' 1-3/4. DO UMESNM) SEC TRENCH NOTES WORN TARA% 1. EMYBEGM00 By T1E ECT [ER TO SOLII1000NDR013 FM RE0.A5 CONSTRKTON PROCESSES 2. cooMEEPIIIELTSTMOCEBEO AS M N.. BY CV WR00 COY OUNOF cp6TRI1CIWN UNITE BACRLREL a 77 BEDDING AND BACKFLL FOR WET SAND 3 UNDER PAVEMENT �ErnMFD �l'�'� SEALED 1A4N04 (MEP) )-0UFmAT10N Ag CV55 125 E4NY S RUBBER CASKET. w 3' !RP FIRE GADMNuBOLTS-EUTED B AND MILS MA0 w NOd0 W PawTwo ro ■i HAD ,I,M "D 1111 ..:,.: 21' YPI 33 e' YO COVER RPE PPE ,u ; CO ARROW 1 12' Dm o- sownJ BASE OARS '0' CONCRETE BECTICN CO SEAMLESS STEEL 04SEC1 SCREEN AND MESH DHESM-BONDED MOE ENDOW CMG IS Om ROM. Ld END N MANGLE coNPNENIO 0 350 Ecro PER AsIM 0193 6' MDR STABAUED SAND BE0OWG BENEATH ORNNAGE COOT �NE1 WT CDGfl 3' OA 45. ELBOW GLG WITH SCREEN (2 REGO) TOR CA CONCRETE SHOED DE I. AKYE FIN150 GRADE FOR OEATMGE 12 ow d 2' MIME RASE CLAS51b" CONCRETE SANITARY SEWER MANHOLE VENT NOES. 1. INSTAL AT LOCATION MD BASED ON 10 -YN POGO ETEVAION SHOWN d PLAN _ D PROFILE DINGS IP AT um SASLOPE. TO NENTED EANNEC7 TOCLIAa0.E MTH SPECWED GNNECION. 3. ME VENT g TO BE MT43.10 WITMN THE MOW OE NO. A. EAPOSG !RP PINE REQUIRES PROTECTIVE COATING. S. VENT 9 A�EMD BE LOCATED AWAY ERGO NOTE: I. ALL PVC PIPE SHALL HAVE RUBBER GASKET EONPPED BELL AND SPIGOT JOINTS CONFORMMG TO ASTM D3212. ELASTOMERIC SEALS SHALL BE A 50NGLE DOUBLE -SEALING GASKET SPANNING ONE FULL CORRUGATION WITH THE LEADING EDGE BEING LOWER THAN THE SECOND EDGE TO FACIUTATE PROPER JOINING. THE GASKET MATERIAL SHALL CONFORM TO ASTM F477. 2. ALL CEMENT STABILIZED SAND BACKFILL SHALL CONFORM TO 5PEC10GTI(N CEMENT STABILIZED SAND - SECTION 02252. 3. ALL JOINTS IN PRE -CAST CONCRETE PIPE AND BOX SHALL RECEIVE JOINT SEALANT. RAM -NEC, 0R APPROVED EQUAL. a. ALL PIPE WRHIN I' OF PAVEMENT SHALL USE BACKFILL DETAIL FOR UNDER PAVEMENT. TRENCH WIDTH TABLE NOMINAL RPE (INCHES) 512E MINIMUM TRENCH WIDTH (INCHES) LESS THAN IB 0.D. 1 10 IB TO 30 0.0. 1 24 GREATER THAN 30 0.0. ♦ 36 SMs TAMO vn OAL -EEHA, BEENP PEARTAANNO0 RNECTit EPARED MR WEd AN ENGINEERmMINTS OWNS P0T ocOMSRes oms.foR ass EWTE END N01 OE TIN RULE 406 TE Bop 030RE4ISTRADoN0(D3R TH PRonsco "ME �W® City City of Pearland, Texas STANDARD DETAILS SANITARY SEWER law Day 2013 m n1'-[Low 1.NONE MO nil CAM en A 0.0/010, COP -SANS SHEET 3 OF 3 c c c CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS e. Provide safe barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways, and other hazardous areas. Obtain written consent from proper parties before entering or occupying with workers, tools, materials or equipment, privately owned land except on easements provided for construction. Assume full responsibility for the preservation of public and private property on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect, or misconduct in execution of the Work by the Contractor, it shall be restored by the Contractor to a condition equal to or better than that existing before the damage was done. B Barricades and Warning Signals. Where Work is performed on or adjacent to any roadway, right-of-way, or public place, furnish and erect barricades, fences, lights, warning signs, and danger signals; provide watchmen; and take other precautionary measures for the protection of persons or property and protection of the Work. Conform to Section 01555 — Traffic Control & Regulation. C Preserving Control Points Maintain permanent benchmarks, public or private elevation or property demarcation ,,iand control monumentation, or other reference points. Unless otherwise directed in writing, replace at no cost to the Owner, those monuments, property corners or other permanent demarcations that are damaged or destroyed in accordance with Section 01720 — Field Surveying. D Tree and Plant Protection. Protect trees, shrubs, lawns, outside of grading limits and within the grading limits as designated on the Plans, and in accordance with requirements of Section 01563 — Tree & Plant Protection. E Protection of Underground and Surface Structures Known underground structures, including water, sewer, electric, and telephone services are shown on the Plans in accordance with the best information available, but is not guaranteed to be correct or complete. Contractor is responsible for making Locate Calls. Explore ahead of trenching and excavation work and uncover obstructing underground structures sufficiently to determine their location, to prevent damage to them and to prevent interruption of utility services. Restore to original condition damages to underground structure at no additional cost to the Owner. Immediately notify the agency or company owning any existing utility which is damaged, broken, or disturbed. Obtain approval from the Engineer and agency for any repairs or relocations, either temporary or permanent. Necessary changes in location of the Work may be made by the Engineer to avoid unanticipated underground structures. 12-2- 2011 01500 - 7 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS If permanent relocation of an underground structure or other subsurface installations is required and not otherwise provided for in the Contract Documents, the Engineer will direct Contractor in writing to perform the Work, which shall be paid for under the provisions for changes in the Contract Price as described in Section 00700 — General Conditions of Agreement. Support in place and protect from direct or indirect injury to underground and surface structures located within or adjacent to the limits of the Work. Install such supports carefully and as required by the party owning or controlling such structure. Before installing structure supports, Contractor shall satisfy the Engineer that the methods and procedures to be used have been approved by the owner of the structure. Avoid moving or in any way changing the property of public utilities or private service corporations without prior written consent of a responsible official of that service or public utility. Representatives of these utilities reserve the right to enter within the limits of this project for the purpose of maintaining their properties, or of making such changes or repairs to their property that may be considered necessary by performance of this Contract. Notify the owners and/or operators of utilities and pipelines of the nature of construction operations to be performed and the date or dates on which those operations will be performed. When construction operations are required in the immediate vicinity of existing structures, pipelines, or utilities, give a minimum of five (5) working days advance notice. Probe and flag the location of underground utilities prior to commencement of excavation. Keep flags in place until construction operations reach and uncover the utility. Assume risks attending the presence or proximity of underground and surface structures within or adjacent to the limits to the Work including but not limited to damage and expense for direct or indirect injury caused by the Work to any structure. Immediately repair damage caused, to the satisfaction of the owner of the damaged structure. 1.14 PROTECTION OF THE WORK Provide protection of installed products to prevent damage from subsequent operations. Remove protection facilities when no longer needed, prior to completion of the Work. Control traffic to prevent damage to equipment, materials, and surfaces. 1.15 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. 12-2-2011 01500-8of10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 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. 1.16 ENVIRONMENTAL CONTROLS A Provide and maintain methods, equipment, and temporary construction as necessary for controls over environmental conditions at the construction site and adjacent areas. B Comply with statutes, regulations, and ordinances which relate to the proposed Work for the prevention of environmental pollution and preservation of natural resources, including but not limited to the National Environmental Policy Act of 1969, PL 91- 190, Executive Order 11514. C Provide, install and maintain storm water runoff control including but not limited to temporary entrance, silt fencing, etc. as specified in Contract Documents. 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. 1.17 POLLUTION CONTROL A Provide methods, means, and facilities required to prevent contamination of soil, water or atmosphere by discharge of noxious substances from construction operations. B Provide equipment and personnel to perform emergency measures required to contain any spillage, and to remove contaminated soils or liquids. Excavate and dispose of any contaminated earth off -site, and replace with suitable compacted fill and topsoil. C Take special measures to prevent harmful substances from entering receiving streams or storm water conveyance systems in conformance with TPDES requirements and Section 01566 — Source Controls for Erosion & Sedimentation. D Provide systems for control of atmospheric pollutants. Prevent toxic concentrations of chemicals. Prevent harmful dispersal of pollutants into the atmosphere. E Use equipment during construction that conforms to current federal, state, and local laws and regulations. 12-2- 2011 01500 - 9 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 1.18 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. 1.19 NOISE CONTROL A Provide vehicles, equipment, and construction activities that minimize noise to the greatest degree practicable. Noise levels shall conform to OSHA Standards - 29 CFR and in no case will noise levels be permitted which create a nuisance in the surrounding neighborhoods. B Conduct construction operations during daylight hours from 7:30 a.m. to 6:00 p.m. except as approved by Engineer. C Comply with Chapter 19 NOISE, Codes of Ordinances, City of Pearland, Texas. 1.20 DUST CONTROL A Control objectionable dust caused by operation of vehicles and equipment under the provisions of Section 01566 — Source Controls for Erosion & Sedimentation. 1.21 WATER RUNOFF AND EROSION CONTROL A Provide methods to control surface water, runoff, subsurface water, and water pumped from excavations and structures to prevent damage to the Work, the Project Site, or adjoining properties in accordance with Section 01564 — Control of Ground Water & Surface Water and Section 01566 — Source Controls for Erosion & Sedimentation. 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 12-2- 2011 01500 - 10 of 10 CITYOFPEARLAND SPECIAL PROVISION TO SECTION 01505 Section 01505 S MOBILIZATION Section 1.01 Measurement and payment is altered as follows: Item B is revised to read: B Payment for 50% of the Mobilization lump sum bid item may be included in the first monthly Application for Payment. Payment is subject to the receipt and approval by Engineer of the following items, as applicable: 1. Schedule of Values (Section 01350 — Submittals) 2. Trench Safety Program (Section 01570 — Trench Safety System) 3. Construction Schedule (Section 01350 — Submittals) 4. Pre -construction Photographs (Section 01380 — Construction Photographs) Item C and E are deleted Item D is revised to read: D Payment of the remaining 50% of the Mobilization lump sum bid item may be included in the second monthly Application for Payment. 2.0 PRODUCTS 2.01 PROJECT IDENTIFICATION SIGN A Not Required 3.0 EXECUTION 3.01 PLACEMENT OF PROJECT IDENTIFICATION SIGNS A Not Applicable END OF SECTION 05/2013 01505-1of1 opiN CITY OF PEARLAND MOBILIZATION Section 01505 MOBILIZATION 1.0 GENERAL 1.01 SECTION INCLUDES A Mobilization of construction equipment and facilities onto the Work. B Referenced Standards: 1. Texas Department of Transportation (TxDOT) 2. Texas Manual on Uniform Traffic Control Devices (Texas MUTCD) 1.02 MEASUREMENT AND PAYMENT A. Payment for Mobilization is on a Lump Sum basis and shall not exceed three percent (3%) of the total bid price. B. Payment for 50% of the Mobilization lump sum bid item may be included in the first monthly Application for Payment. Payment is subject to the receipt and approval by Engineer of the following items, as applicable: 1. Schedule of Values (Section 01350 — Submittals) 2. Trench Safety Program (Section 01570 — Trench Safety System) 3. Construction Schedule (Section 01350 — Submittals) 4. Pre -construction Photographs (Section 01380 — Construction Photographs) 5. Installation and acceptance of Project Identification Sign(s) (Section 01580 — Project Identification Signs) 6. Installation and acceptance of Field Office (Section 01500 — Temporary Facilities and Controls) 7. Installation and acceptance of TPDES requirements (Section 01565 - TPDES Requirements) C. Payment for 25% of the Mobilization lump sum bid item may be included in the second monthly Application for Payment. Payment is subject to the receipt and approval by Engineer of the following items, as applicable: 1. Installation of High Speed Internet Access (Section 01500 — Temporary Facilities and Controls) 2. Laptop Computer (Section 00800 — Special Conditions of Agreement) D. Payment for 15% of the Mobilization lump sum bid item may be included in the third monthly Application for Payment. E. Payment for the remaining 10% of the Mobilization lump sum bid item may be included in the fourth monthly Application for Payment. 09/2012 01505 - 1 of 1 CITY OF PEARLAND MOBILIZATION G. Mobilization payments will be subject to Retainage as stipulated in Section 00700 General Conditions of Agreement. 2.0 PRODUCTS 2.01 PROJECT IDENTIFICATION SIGNS A. Provide specified number of project identification sign(s) per Section 01580. The name, address and contact information of the general contractor for the project shall be shown on the sign per Section 01580 and the attached exhibit. 3.0 EXECUTION 3.01 PLACEMENT OF PROJECT IDENTIFICATION SIGNS A. Place a Project Identification Sign as described in Section 01580, part 1.03, D visible to passing traffic or as directed by Engineer. END OF SECTION 09/2012 01505 - 1 of 1 (416 CITY OF PEARLAND 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 Manual on Uniform Traffic Control Devices (Texas MUTCD) 1.02 MEASUREMENT AND PAYMENT A Traffic Control and Regulation. Measurement is on a Lump Sum basis for Traffic Control and Regulation, including submittal of a traffic control plan if different from the one provided on the Plans, provision of traffic control devices, and provision of equipment and personnel as necessary to protect the Work and the public. The amount invoiced shall be determined based on the Schedule of Values submitted for traffic control and regulation. B Flaggers. Measurement is on a Lump Sum basis for Flaggers as required for the Work. The amount invoiced shall be determined based on the Schedule of Values submitted for Flaggers. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B A Traffic Control Plan responsive to the Texas MUTCD and sealed by a Registered Professional Engineer is incorporated into the Plans. If the Contractor proposes to implement traffic control different than the plan provided, he shall submit a Traffic Control Plan in conformance with Texas MUTCD for approval of the Engineer. C For both the Traffic Control Plan and Flaggers' use, submit Schedules of Values within 30 days following the Notice to Proceed. D Each week submit a daily log for Flaggers listing name, badge number, time start, time finish, and hours worked. 03/2008 01555 - 1 of 4 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION 1.04 FLAGGERS A Unless otherwise specified, use only Flaggers who are off -duty, regularly employed, uniformed Peace Officers. B Flaggers are required at the following locations: 1. Where multi -lane vehicular traffic must be diverted into single -lane vehicular traffic. 2. Where vehicular traffic must change lanes abruptly. 3. Where construction equipment either enters or crosses vehicular traffic lanes and walks. 4. Where construction equipment may intermittently encroach on vehicular traffic lanes and unprotected walks and cross -walks. 5. Where construction activities might affect public safety and convenience. 6. Where traffic regulation is needed due to rerouting of vehicular traffic around the work site. 7. When requested by Owner. C The use of Flaggers is for the purpose of assisting in the regulation of traffic flow and movement, and does not in any way relieve the contractor of full responsibility for taking such other steps and provide such other Flaggers or personnel as the Contractor may deem necessary to protect the work and the public, and does not in any way relieve the Contractor of his responsibility for any damage for which he would otherwise be liable. 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 authorities and permits paid for before starting any work. Coordinate activities with the Engineer. B Contractor shall maintain at all times a l0-foot-wide all-weather lane adjacent to work areas which shall be kept free of construction equipment and debris and shall be for the use of emergency vehicles, or as otherwise provided in the Traffic Control Plan. 03/2008 01555 - 2 of 4 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION C Contractor shall not obstruct the normal flow of traffic from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on designated major arterials or as directed by the Engineer. D Contractor shall maintain local driveway access to residential and commercial properties adjacent to work areas at all times. E Cleanliness of Surrounding Streets: 1. Keep streets used for entering or leaving the job area free of excavated material, debris, and any foreign material resulting from construction operations. Leave the area broom -clean or its equivalent at the end of the work day. F Control vehicular parking to prevent interference with public traffic and parking, and access by emergency vehicles. G Monitor parking of construction personnel's vehicles in existing facilities. Maintain vehicular access to and through parking areas. H Prevent parking on or adjacent to access roads or in non -designated areas. 3.02 FLARES AND LIGHTS A Provide flares and lights during hours of low visibility to delineate traffic lanes and to guide traffic. 3.03 HAUL ROUTES A Utilize haul routes designated by Owner or shown on the Plans for construction traffic. B Confine construction traffic to designated haul routes. C Provide traffic control at critical areas of haul routes to regulate traffic and minimize interference with public traffic. D Contractor shall be responsible for any damage caused by vehicles utilizing haul routes. 3.04 TRAFFIC SIGNS AND SIGNALS A Install traffic control devices at approaches to the site and on site, at crossroads, detours, parking areas, and elsewhere as needed to direct construction and affected public traffic. B Relocate traffic signs and control devices as Work progresses to maintain effective traffic control. 3.05 BRIDGING TRENCHES AND EXCAVATIONS A Whenever necessary, bridge trenches and excavation to permit an unobstructed flow of traffic. 03/2008 01555 - 3 of 4 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION B Secure bridging against displacement by using adjustable cleats, angles, bolts or other devices whenever bridge is installed: 1. On an existing bus route; 2. When more than five percent of daily traffic is comprised of commercial or truck traffic; 3. When more than two separate plates are used for the bridge; or 4. When bridge is to be used for more than five consecutive days. C Install bridging to operate with minimum noise. D Adequately shore the trench or excavation to support bridge and traffic. E Extend steel plates used for bridging a minimum of one foot beyond edges of trench or excavation. Use temporary paving materials (premix) to feather edges of plates to minimize wheel impact on secured bridging. F Use steel plates of sufficient thickness to support H-20 loading, truck or lane, that produces maximum stress. 3.06 CLEAN-UP AND RESTORATION A Perform clean-up and restoration in and around construction zone in accordance with Section 01140 — Contractor's Use of Premises. B Remove equipment and devices when no longer required. C Repair damage caused by installation. D Remove post settings to a depth of 2 feet. END OF SECTION 03/2008 01555-4of4 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 01200 — Measurement & Payment Procedures 2. Section 01350 — Submittals 3. Section 01562 — Waste Material Disposal 4. Section 01566 — Source Controls for Erosion & Sedimentation C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 3786, "Standard Test Method for Hydraulic Bursting strength of Textile Fabrics" b. ASTM D 4632, "Standard Test Method for Grab Breaking Load and Elongation of Geotextiles" 1.02 MEASURMENT AND PAYMENT A Filter fabric fence will be measured by the linear foot between the limits of the beginning and ending of wooden stakes. B Payment for filter fabric fence will include and be full compensation for all labor, equipment, materials, supervision, and all incidental expenses for construction of these items, complete in place, including, but not limited to protection of trees, maintenance requirements, repair and replacement of damaged sections, removal of sediment deposits, and removal of erosion and sediment control systems at the end of construction. C Refer to Section 01200 — Measurement & Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Manufacturer's catalog sheets and other Product Data on geotextile fabric. 03/2008 01560 - 1 of 3 "'' CITY OF PEARLAND 2.0 PRODUCTS 2.01 FILTER FABRIC FILTER FABRIC FENCE 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 Engineer to allow soil testing and surveying. C Regularly inspect and repair or replace damaged components of filter fabric fence as specified in this Section, 3.02F. Unless otherwise directed, maintain the erosion and sediment control systems until the Work is accepted by the Owner. Remove erosion and sediment control systems promptly when directed by the Engineer. Discard removed materials in accordance with Section 01562 — Waste Material Disposal. D Conduct all construction operations under this Contract in conformance with the erosion control practices described in Section 01566 — Source Controls for Erosion & Sedimentation. 3.02 CONSTRUCTION METHODS A Provide filter fabric fence systems in accordance with the Plan detail for Filter fabric fence. Filter fabric fence shall be installed in such a manner that surface runoff will percolate through the system in sheet flow fashion and allow sediment to be retained and accumulated. B Attach the filter fabric to 2-inch by 2-inch wooden stakes spaced a maximum of 3 feet apart and embedded a minimum of 8 inches. If filter fabric is factory preassembled 03/2008 01560 - 2 of 3 CITY OF PEARLAND FILTER FABRIC FENCE with support netting, then maximum spacing allowable is 8 feet. Install wooden stakes at a slight angle toward the source of anticipated runoff. C Trench in the toe of the filter fabric fence with a spade or mechanical trencher as shown on the Plans. Lay filter fabric along the edges of the trench. Backfill and compact trench. D Filter fabric fence shall have a minimum height of 18 inches and a maximum height of 36 inches above natural ground. E Provide the filter fabric in continuous rolls and cut to the length of the fence to minimize the use of joints. When joints are necessary, splice the Fabric together only at a support post with a minimum 6-inch overlap and seal securely. F Inspect filter fabric fence systems after each rainfall, daily during periods of prolonged rainfall, and at a minimum once each week. Repair or replace damaged sections immediately. Remove sediment deposits when silt reaches a depth one-third the height of the fence or 6 inches, whichever is less. END OF SECTION 03/2008 01560 - 3 of 3 CITY OF PEARLAND WASTE MATERIAL DISPOSAL Section 01562 WASTE MATERIAL DISPOSAL 1.0 GENERAL 1.01 SECTION INCLUDES A Disposal of waste material and salvageable material. B References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01566 — Source Controls for Erosion & Sedimentation 3. Section 01600 — Materials & Equipment 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Obtain and submit applicable permits for proposed disposal sites. C Submit a Waste Material Disposal Plan. D Submit a copy of written permission from property owners, along with a description of the property, prior to disposal of excess material adjacent to the Project Site. Submit a written and signed release from property owner upon completion of disposal work. City of Pearland requires individual fill placement permits for all fill placed within the City limits. 1.04 WASTE MATERIAL DISPOSAL PLAN A Contractor shall formulate and implement a plan for the collection and disposal of waste materials on the Project Site which includes the following information: 1. Schedule for collection and inspection. 2. Location of trash and waste receptacles. 3. Provisions for liquid waste and potential water pollutants material. B The plan shall comply with applicable federal, state, and local health and safety regulations and Section 01566 — Source Controls for Erosion & Sedimentation. 2.0 PRODUCTS - 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 or adjacent to a stream or floodplain. B Off -site disposal is the responsibility of the Contractor. C Sediment to be placed at the Project Site should be spread evenly throughout the designated area, compacted and stabilized. Sediment shall not be allowed to flush into a stream or drainage way. D If sediment has been contaminated, it shall be disposed of in accordance with existing federal, state, and local rules and regulations. 3.03 EXCESS MATERIAL, WASTE, AND EQUIPMENT 07/2006 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. 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 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 Dewatering, depressurizing, draining, and maintaining trench and structure excavations and foundation beds in dry and stable condition. B Protecting work against surface runoff and rising flood waters. C Disposing of removed water. D References to Technical Specifications: 1. Section 01200 — Measurement & Payment Procedures 2. Section 01350 — Submittals 3. Section 01570 — Trench Safety Systems 4. Section 01565 — TPDES Requirements 5. Section 01566 — Source Controls for Erosion & Sedimentation E Referenced Standards: 1. Occupational Safety and Health Administration (OSHA) 2. Texas Commission on Environmental Quality (TCEQ) 3. Code of Ordinances, City of Pearland, Texas 4. Water Well Drillers and Pump Installers Advisory Council (WWD/PI) F Definitions: 1. Ground Water Control Systems - installations external to the excavation such as well points, eductors, or deep wells. Ground water control includes dewatering and depressurization. a. Dewatering - lowering the water table and intercepting seepage which would otherwise emerge from slopes or bottoms of excavations and disposing of removed water. The intent of dewatering is to increase stability of excavated slopes; prevent dislocation of material from slopes or bottoms of excavations; reduce lateral loads on sheeting and bracing; improve excavating and hauling characteristics of excavated material; prevent failure or heaving of the bottom of excavations; and to provide suitable conditions for placement of backfill materials and construction of structures and other installations. b. Depressurization - reduction in piezometric pressure within strata not controlled by dewatering alone, as required to prevent failure or heaving of excavation bottom. 2. Surface Water Control - diversion and drainage of surface water runoff and 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 control of surface water. Include the cost to control non -pipe excavation ground water and surface water in price for Work requiring such controls. C Refer to Section 01200 — Measurement & Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 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, location, depth and capacities of system components, installation details and criteria, and operation and maintenance procedures. 4. A description of proposed monitoring and control system indicating depths and locations of piezometers and monitoring wells, monitoring installation details and criteria, type of equipment and instrumentation with pertinent data and characteristics. 5. A description of proposed filters including types, sizes, capacities and manufacturer's application recommendations. 6. Design calculations demonstrating adequacy of proposed systems for intended applications. Define potential area of influence of ground water control operation near contaminated areas. 7. Operating requirements, including piezometric control elevations for dewatering and depressurization. 8. Excavation drainage methods including typical drainage layers, sump pump application and other necessary means. 9. Surface water control and drainage installations. 10. Proposed methods and locations for disposing of removed water. C Submit the following records upon completed initial installation: 1. Installation and development reports for well points, eductors, and deep wells. 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 rates. D Submit the following records on a weekly basis during operations: 1. Records of flow rates and piezometric elevations obtained during monitoring of dewatering and depressurization. Refer to this Section, 3.02 "Requirements for Eductor, Well Points, or Deep Wells". 2. Maintenance records for ground water control installations, piezometers, and monitoring wells. E Submit the following records at end of the Work. Decommissioning (abandonment) reports for monitoring wells and piezometers installed by other during the design phase and left for Contractor's monitoring and use. 1.04 PERFORMANCE REQUIREMENTS 02/2008 A Conduct subsurface investigations to identify groundwater conditions and to provide parameters for design, installation, and operation of groundwater control systems. B Design a ground water control system, compatible with the requirements of OSHA Standards - 29 CFR, Part 1926, and Section 01570 - Trench Safety Systems of these Technical Specifications, to produce the following results: 1. Effectively reduce the hydrostatic pressure affecting excavations. 2. Develop a substantially dry and stable subgrade for subsequent construction operations. 3. Preclude damage to adjacent properties, buildings, structures, utilities, installed facilities, and other work. 4. Prevent the loss of fines, seepage, boils, quick condition, or softening of the foundation strata. 5. Maintain stability of sides and bottom of excavations. C Ground water control systems may include single -stage or multiple -stage well point systems, eductor and ejector -type systems, deep wells, or combinations of these equipment types. D Provide drainage of seepage water and surface water, as well as water from any other source entering the excavation. Excavation drainage may include placement of drainage materials, such as crushed stone and filter fabric, together with sump pumping. E Provide ditches, berms, pumps and other methods necessary to divert and drain surface water from excavation and other work areas. F Locate ground water control and drainage systems so as not to interfere with utilities, construction operations, adjacent properties, or adjacent water wells. 01564 - 3 of 8 CONTROL OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER G Assume sole responsibility for ground water control systems and for any loss or damage resulting from partial or complete failure of protective measures and any settlement or resultant damage caused by the ground water control operations. Modify ground water control systems or operations if they cause or threaten to cause damage to new construction, existing site improvements, adjacent property, or adjacent water wells, or affect potentially contaminated areas. Repair damage caused by ground water control systems or resulting from failure of the system to protect property as required. H Provide an adequate number of piezometers installed at the proper locations and depths as required to provide meaningful observations of the conditions affecting the excavation, adjacent structures, and water wells. I Provide environmental monitoring wells installed at the proper locations and depths as required to provide adequate observations of hydrostatic conditions and possible contaminant transport from contamination sources into the work area or into the ground water control system. J Decommission piezometers and monitoring wells installed during design phase studies and left for Contractors monitoring and use. 1.05 ENVIRONMENTAL REQUIREMENTS A Comply with requirements of agencies having jurisdiction. B Comply with TCEQ regulations and WWD/PI Advisory Council for development, drilling, and abandonment of wells used in dewatering system. C Obtain permit from TCEQ under the Texas Pollutant Discharge Elimination System (TPDES), for storm water discharge from construction sites. Refer to Section 01565 — TPDES, 3.02 "Certification Requirements". D Obtain all necessary permits from agencies with control over the use of groundwater and matters affecting well installation, water discharge, and use of existing storm drains and natural water sources. Because the review and permitting process may be lengthy, take early action to pursue and submit for the required approvals. E Monitor ground water discharge for contamination while performing pumping in the vicinity of potentially contaminated sites. F Implement control of ground and surface water under the provisions of Section 01566 — Source Controls for Erosion & Sedimentation. 2.0 PRODUCTS 2.01 EQUIPMENT AND MATERIALS 02/2008 A Equipment and materials are at the option of Contractor as necessary to achieve desired results for dewatering. Selected equipment and materials are subject to review 01564 - 4 of 8 r CONTROL OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER of the Engineer through Submittals required in Section 01350 — Submittals, 1.06 "Operations and Maintenance Data". B Eductors, well points, or deep wells, where used, must be furnished, installed and operated by an experienced contractor regularly engaged in ground water control system design, installation, and operation. C Equipment and instrumentation for monitoring and control of the ground water control system includes piezometers and monitoring wells, and devices, such as flow meters, for observing and recording flow rates. D All equipment must be in good repair and operating order. E Sufficient standby equipment and materials shall be kept available to ensure continuous operation, where required. 3.0 EXECUTION 3.01 GROUND WATER CONTROL A Perform a subsurface investigation by borings as necessary to identify water bearing layers, piezometric pressures, and soil parameters for design and installation of ground water control systems. Perform pump tests, if necessary to determine the drawdown characteristics of the water -bearing layers. The results shall be presented in the Ground Water and Surface Water Control Plan. Refer to this Section, 1.03B. B Provide labor, material, equipment, techniques and methods to lower, control and handle ground water in a manner compatible with construction methods and site conditions. Monitor effectiveness of the installed system and its effect on adjacent property. C Install, operate, and maintain ground water control systems in accordance with the Plan. Notify Engineer in writing of any changes made to accommodate field conditions and changes to the Work. Provide revised drawings and calculations with such notification. D Provide for continuous system operation, including nights, weekends, and holidays. Arrange for appropriate backup if electrical power is primary energy source for dewatering system. E Monitor operations to verify that the system lowers ground water piezometric levels at a rate required to maintain a dry excavation resulting in a stable subgrade for prosecution of subsequent operations. F Where hydrostatic pressures in confined water bearing layers exist below excavation, depressurize those zones to eliminate risk of uplift or other instability of excavation or installed works. Allowable piezometric elevations shall be defined in the Plan. 02/2008 01564 - 5 of 8 CONTROL OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER G Maintain water level below subgrade elevation. Do not allow levels to rise until foundation concrete has achieved design strength. H During backfilling, dewatering may be reduced to maintain water level a minimum of 5 feet below prevailing level of backfill. However, do not allow that water level to result in uplift pressures in excess of 80 percent of downward pressure produced by weight of structure or backfill in place. Do not allow water levels to rise into cement stabilized sand until at least 48 hour after placement. I Provide a uniform diameter for each pipe drain run constructed for dewatering. Remove pipe drain when it has served its purpose. If removal of pipe is impractical, provide grout connections at 50-foot intervals and fill pipe with cement-bentonite grout or cement -sand grout when pipe is removed from service. J Extent of construction ground water control for structures with a permanent perforated underground drainage system may be reduced, such as for units designed to withstand hydrostatic uplift pressure. Provide a means of draining the affected portion of underground system, including standby equipment. Maintain drainage system during operations and remove it when no longer required. K Remove system upon completion of construction or when dewatering and control of surface or ground water is no longer required. L Compact backfill as required by the Contract Documents. 3.02 REQUIREMENTS FOR EDUCTOR, WELL POINTS, OR DEEP WELLS 02/2008 A For aboveground piping in ground water control system, include a 12-inch minimum length of clear, transparent piping between every eductor well or well point and discharge header so that discharge from each installation can be visually monitored. B Install sufficient piezometers or monitoring wells to show that all trench or shaft excavations in water bearing materials are predrained prior to excavation. Provide separate piezometers for monitoring of dewatering and for monitoring of depressurization. Install piezometers and monitoring wells for tunneling as appropriate for Contractor's selected method of work. C Install piezometers or monitoring wells not less than one week in advance of beginning the associated excavation. D Dewatering may be omitted for portions of underdrains or other excavations, but only where auger borings and piezometers or monitoring wells show that soil is predrained by an existing system such that the criteria of the Ground Water and Surface Water Control Plan are satisfied. 01564-6of8 r CONTROL OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER E Replace installations that produce noticeable amounts of sediments after development. F Provide additional ground water control installations or change the methods in the event that the installations according to the Ground Water and Surface Water Control Plan do not provide satisfactory results based on the performance criteria defined by the Plan and by this Section. Submit a revised Plan according to this Section, 1.03A. G Mechanical dewatering equipment shall comply with Chapter 19 NOISE, Code of Ordinances, City of Pearland, Texas. 3.03 EXCAVATION DRAINAGE A Contractor may use excavation drainage methods if necessary to achieve well drained, stable trench conditions. The excavation drainage may consist of the following methods or combination of methods: 1. Sump pumping in combination with: a. Layer of crushed stone and filter fabric. b. Sand and gravel drains. 2. Wells for ground water control. B Use sump pumping and a drainage layer, as defined in ASTM D 2321, placed on the foundation beneath pipe bedding or thickened bedding layer of Class I material. 3.04 MAINTENANCE AND OBSERVATION A Conduct daily maintenance and observation of piezometers or monitoring wells while the ground water control installations or excavation drainage are operating in an area. Keep system in good operating condition. B Replace damaged and destroyed piezometers or monitoring wells with new piezometers or wells as necessary to meet observation schedule. C Cut off piezometers or monitoring wells in excavation areas where piping is exposed, only as necessary to perform observation as excavation proceeds. Continue to maintain and make observations, as specified. D Remove and grout piezometers inside or outside the excavation area when ground water control operations are complete. Remove and grout monitoring wells when directed by the Engineer. 3.05 MONITORING AND RECORDING 02/2008 A Monitor and record average flow rate of operation for each deep well, or for each wellpoint or eductor header used in dewatering system. Also monitor and record water level and ground water recovery. These records shall be obtained daily until steady conditions are achieved, and twice weekly thereafter. 01564-7of8 (*b CONTROL OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER B Observe and record elevation of water level daily as long as ground water control system is in operation, and weekly thereafter until the Work is completed or piezometers or wells are removed, except when Engineer determines that more frequent monitoring and recording are required. Comply with Engineer's direction for increased monitoring and recording and take measures as necessary to ensure effective dewatering for intended purpose. 3.06 SURFACE WATER CONTROL 02/2008 A Intercept surface water and divert it away from excavations through use of dikes, ditches, curb walls, pipes, sumps or other approved means. The requirement includes temporary works required to protect adjoining properties from surface drainage caused by construction operations. B Divert surface water and seepage water into sumps and pump it into drainage channels or storm drains, when approved by agencies having jurisdiction. Provide settling basins when required by such agencies. C Provide additional surface water control measures or change the methods in the event that the measures according to the Ground Water and Surface Water Control Plan do not provide satisfactory results based on the performance criteria defined by the Plan and by this Section. Submit a revised Plan according to this Section, 1.03B. END OF SECTION 01564-8of8 cow\ rgN CITY OF PEARLAND TRENCH SAFETY SYSTEM Section 01570 TRENCH SAFETY SYSTEM 1.0 GENERAL 1.01 SECTION INCLUDES A Trench safety system for the construction of trench excavations. B Trench safety system for excavation of utilities, excavation of structures, and embankment which fall under provisions of federal, state, or local excavation safety laws. C References to Technical Specifications: 1. Section 01200 — Measurement & Payment Procedures 2. Section 01350 — Submittals D Referenced Standards: 1. Occupational Safety and Health Administration (OSHA) E Definitions: 1. Trench. A narrow excavation (in relation to its depth) made below the surface of the ground. In general, the depth is greater than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet. 2. Trench safety system requirements apply to larger open excavations if the erection of structures or other installations limits the space between the excavation slope and the installation to dimensions equivalent to a trench as defined. 3. Trench safety systems include both Protective Systems and Shoring Systems but are not limited to sloping, sheeting, trench boxes or trench shields, slide rail systems, sheet piling, cribbing, bracing, shoring, dewatering or diversion of water to provide adequate drainage. a. Protective System: A method of protecting employees from cave-ins, from material that could fall or roll from an excavation face or into an excavation, or from the collapse of an adjacent structure. b. Shoring System: A structure, which supports the sides of an excavation, to prevent cave-ins, maintain stable soil conditions, or to prevent movements of the ground affecting adjacent installations or improvements. c. Special Shoring: A shoring system meeting Special Shoring Requirements for locations identified on the Plans. 4. Competent Person- one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them. 07/2006 01570 - 1 of 4 CITY OF PEARLAND TRENCH SAFETY SYSTEM 1.02 MEASUREMENT AND PAYMENT A Measurement for trench safety systems used on utility excavations is on a linear foot basis, measured along the centerline of the trench. Payment for trench safety systems includes payment for manholes and other line structures. B Unless indicated in as a Bid Item, no separate payment will be made for shoring systems under this Section. Include cost in Bid Items for trench safety systems. C If shown on the Plans and included in Section 00300 — Bid Proposal as a separate Bid Item, Measurement and Payment for Special Shoring system installation for trench excavation is on a square foot basis, measured and completed in place. D Unless indicated as a Bid Item, no separate payment will be made for trench safety systems used on structural excavations under this Section. Include cost for trench safety system used on structural excavations in applicable structure installation. E Unless indicated as a Bid Item, no separate payment will be made for trench safety systems used on roadway excavation or embankment under this Section. Include cost in applicable Sections. F Refer to Section 01200 — Measurement & Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit a safety plan specifically for the construction of trench excavation, excavation of utilities, excavation of structures, and embankment which fall under provisions of federal, state, or local excavation safety laws. Design the Trench Safety Plan to be in accordance with OSHA Standards - 29CFR governing the presence and activities of individuals working in and around trench excavations, and in accordance with any Special Shoring requirements at locations shown on the Plans. Include in the plan, submittal of the contact information for the Competent Person C Have Shop Drawings for trench safety systems sealed, as required by OSHA, by a Professional Engineer, licensed by the State of Texas, retained and paid by the Contractor. 1.04 REGULATORY REQUIREMENTS 07/2006 A Install and maintain trench safety systems in accordance with the provision of Excavations, Trenching, and Shoring, OSHA Standards — 29 CFR, Part 1926, Subpart P, as amended, including Final Rule, published in the Federal Register Vol. 54, No. 209 on Tuesday, October 31, 1989. The sections that are incorporated into these Technical Specifications, by reference, include Standard 1926.650 — 652. 01570 - 2 of 4 CITY OF PEARLAND 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 that establish compliance with the standard interpretation of the General Duty Clause, Section 5.(a)(1), of the Occupational Safety and Health Act of 1970 — 20 USC 654 which states, "Employers must shore or otherwise protect employees who walk/work at the base of an embankment from possible collapse." D Legislation that has been enacted by the State of Texas with regard to Trench Safety Systems is hereby incorporated, by reference, into these specifications. Under Texas Statutes, refer to Chapter 756 of the Health and Safety Code, SUBCHAPTER C. TRENCH SAFETY. E Reference materials, if developed for this Work, will be issued by the Engineer along with the Bid Documents, including the following: 1. Geotechnical information obtained for use in design of the trench safety system. 2. Special Shoring Requirements. 1.05 INDEMNIFICATION A Contractor shall indemnify and hold harmless the Owner, its employees, and agents, from any and all damages, costs (including, without limitation, legal fees, court costs, and the cost of investigation), judgments or claims by anyone for injury or death of persons resulting from the collapse or failure of trenches constructed under this Contract. B Contractor acknowledges and agrees that this indemnity provision provides indemnity for the Owner in case the Owner is negligent either by act or omission in providing for trench safety, including, but not limited to safety program and design reviews, inspections, failures to issue stop work orders, and the hiring of the Contractor. C Review of the safety program by the Engineer will only be in regard to compliance with the Contract Documents and will not constitute approval by the Engineer nor relieve Contractor of obligations under state and federal trench safety laws. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION 3.01 INSTALLATION 07/2006 A Install and maintain trench safety systems in accordance with provisions of OSHA Standards — 29 CFR. 01570-3of4 cok ft\ CITY OF PEARLAND TRENCH SAFETY SYSTEM B Specially designed trench safety systems shall be installed in accordance with the Contractor' s trench excavation safety program for the locations and conditions identified in the program. C Install Special Shoring at the locations shown on the Plans. D Obtain verification from a Competent Person, defined in this Section and as identified in the Contractor's Trench Safety Program, that trench boxes and other pre - manufactured systems are certified for the actual installation conditions. 3.02 INSPECTION A Conduct daily inspections by Contractor or Contractor's independently retained consultant, of the trench safety systems to ensure that the installed systems and operations meet OSHA Standards — 29 CFR and other personnel protection regulations requirements. B If evidence of possible cave-ins or slides is apparent, immediately stop work in the trench and move personnel to safe locations until necessary precautions have been taken to safeguard personnel. C Maintain a permanent record of daily inspections. 3.03 FIELD QUALITY CONTROL A Verify specific applicability of the selected or specially designed trench safety systems to each field condition encountered on the Work. 07/2006 END OF SECTION 01570 - 4 of 4 CITY OF PEARLAND MATERIAL AND EQUIPMENT Section 01600 MATERIAL AND EQUIPMENT 1.0 GENERAL 1.01 SECTION INCLUDES A Requirements for transportation, delivery, handling, and storage of materials and equipment. B References to Technical Specifications: 1. Section 01566 — Source Controls for Erosion & Sedimentation 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this work is a component. 1.03 PRODUCTS A Products: Means material, equipment, or systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components designated for reuse. B Do not reuse materials and equipment, designated to be removed, except as specified by the Contract Documents. C Provide equipment and components from the fewest number of manufacturers as is practical, in order to simplify spare parts inventory and to allow for maximum interchangeability of components. For multiple components of the same size, type or application, use the same make and model of component throughout the Work. 1.04 TRANSPORTATION A Make arrangements for transportation, delivery, and handling of equipment and materials required for timely completion of the Work. B Transport and handle products in accordance with instructions. C Consign and address shipping documents to the proper party giving name of Project, street number, and City. Shipments shall be delivered to the Contractor. 1.05 DELIVERY A Arrange deliveries of products to accommodate the Construction Schedule and in ample time to facilitate inspection prior to installation. Avoid deliveries that cause lengthy storage or overburden of limited storage space. 07/2006 01600 - 1 of 3 CITY OF PEARLAND MATERIAL AND EQUIPMENT B Coordinate deliveries to avoid conflict with Work and conditions at the Project Site and to accommodate the following: 1. Work of other contractors or the Owner. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. Owner's use of premises. C Have products delivered to the Project Site in manufacturer's original, unopened, labeled containers. D Immediately upon delivery, inspect shipment to assure: 1. Product complies with requirements of Contract Documents. 2. Quantities are correct. 3. Containers and packages are intact; labels are legible. 4. Products are properly protected and undamaged. 1.06 PRODUCT HANDLING A Coordinate the off-loading of materials and equipment delivered to the Project Site. If necessary to move stored materials and equipment during construction, Contractor shall relocate materials and equipment at no additional cost to the Owner. B Provide equipment and personnel necessary to handle products, including those provided by the Owner, by methods to prevent damage to products or packaging. C Provide additional protection during handling as necessary to prevent breaking scraping, marring, or otherwise damaging products or surrounding areas. D Handle products by methods to prevent over bending or overstressing. E Lift heavy components only at designated lifting points. F Handle materials and equipment in accordance with Manufacturer's recommendations. G Do not drop, roll, or skid products off delivery vehicles. Hand carry or use suitable materials handling equipment. 1.07 STORAGE OF MATERIAL A Store and protect materials in accordance with manufacturer's recommendations and requirements of these Technical Specifications. Control storage of potential water pollutants in conformance with Section 01566 — Source Controls for Erosion & Sedimentation. B Make necessary provisions for safe storage of materials and equipment. Place loose soil materials, and materials to be incorporated into the Work to prevent damage to any part of the Work or existing facilities and to maintain free access at all times to all parts of the Work and to utility service company installations in the vicinity of the Work. 07/2006 01600 - 2 of 3 CITY OF PEARLAND MATERIAL AND EQUIPMENT C Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors, public travel, adjoining owners, tenants, and occupants. Arrange storage in a manner to provide easy access for inspection. D Provide adequately ventilated, watertight storage facilities with floor above ground level for materials and equipment susceptible to weather damage. E Restrict storage to areas available on the construction site for storage of material and equipment as shown on Plans or approved by the Project Manager. F Provide off -site storage and protection when on -site storage is not adequate. G Do not use lawns, grass plots, or other private property for storage purposes without written permission of the owner or other person in possession or control of such premises. Damage to lawns, sidewalks, streets or other improvements shall be repaired or replaced to the satisfaction of the Project Manager. H Protect stored materials and equipment against loss or damage. I Store materials in manufacturers' unopened containers. 7 Materials delivered and stored along the line of the Work shall be not closer than 3 feet to any fire hydrant. Public and private drives and street crossings shall be kept open. K The total length which materials may be distributed along the route of construction at any one time is 1000 lineal feet, unless otherwise approved in writing by the Project Manager. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01600 - 3 of 3 CITY OF PEARLAND 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 - approved, and approved products or processes C References to Technical Specifications: 1. Section 01350 — Submittals 1.02 SUBMITTALS A Make Submittals required by this and related Sections under the provisions of Section 01350 — Submittals. 1.03 DEFINITIONS A Product: Means, materials, equipment, or systems incorporated into the Work. Product does not include machinery and equipment used for production, fabrication, conveying, and erection of the Work. Products may also include existing materials or components designated for re -use. B Process: Any proprietary system or method for installing system components resulting in an integral, functioning part of the Work. For this Section, the word Product includes Processes. 1.04 SELECTION OPTIONS A Pre -approved Products: Products of certain manufacturers or suppliers are designated in the Technical Specifications as "pre -approved". Products of other manufacturers or suppliers will not be acceptable under this Contract and will not be considered under the submittal process for approving alternate products. B Approved Products: Products of certain manufacturers or suppliers designated in the Technical Specifications followed by the words "or approved equal". Approval of alternate products not listed in the Technical Specifications may be obtained through provisions of this Section and Section 01350 — Submittals. The procedure for approval of alternate products is not applicable to Pre -approved Products. C Product Compatibility: To the maximum extent possible, provide products that are of the same type or function from a single manufacturer, make, or source. Where more than one choice is available as a Contractor's option, select a product which is compatible with other products already selected, specified, or in use by the Owner. 07/2006 01630 - 1 of 3 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS 1.05 CONTRACTOR'S RESPONSIBILITY A Furnish information the Engineer deems necessary to judge equivalency of the alternate product. B Pay for laboratory testing as well as any other review or examination cost needed to establish the equivalency between products which enables the Engineer to make such a judgment. C If the Engineer determines that an alternate product is not equivalent to that named in the Technical Specifications, the Contractor shall furnish one of the specified products. 1.06 ENGINEER'S REVIEW A Alternate products may be used only if approved in writing by the Engineer. The Engineer's determination regarding acceptance of a proposed alternate product is final. B Alternate products will be accepted if the product is judged by the Engineer to be equivalent to the specified product or to offer substantial benefit to the Owner. C The Owner retains the right to accept any product deemed advantageous to the Owner, and similarly, to reject any product deemed not beneficial to the Owner. 1.07 SUBSTITUTION PROCEDURE 07/2006 A Collect and assemble technical information applicable to the proposed product to aid in determining equivalency as related to the Approved Product specified. B Submit a written request for a product to be considered as an alternate product along with the product information within fourteen (14) days after the Effective Date of the Agreement. C After the submittal period has expired, requests for alternate products will be considered only when a specified product becomes unavailable because of conditions beyond the Contractor's control. D Submit 5 copies of each request for alternate product approval. Include the following information: 1. Complete data substantiating compliance of proposed substitution with Contract Documents. 2. For products: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature with product description, performance and test data, and reference standards. c. Samples, as applicable. d. Name and address of similar projects on which product was used and date of installation. Include the name of the Owner, Architect/Engineer, and installing contractor. 01630 - 2 of 3 r 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 process as the specified product would have been for Shop Drawings, Product Data, and Samples. 2.0 PRODUCTS -Not Used 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01630 - 3 of 3 CITY OF PEARLAND STARTING SYSTEMS Section 01750 STARTING SYSTEMS 1.0 GENERAL 1.01 SECTION INCLUDES A Starting systems. B Demonstration and instructions. C Testing, adjusting, and balancing. D References to Technical specifications: 1. Section 01350 — Submittals 2. Section 01430 — Contractor's Quality Control 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit a written report that equipment or system has been properly installed and is functioning correctly. 2.0 PRODUCTS -Not Used 3.0 EXECUTION 3.01 PREPARATION A Contractor shall conduct all start-up operations under this Contract in conformance with Section 01430 — Contractor's Quality Control. B Coordinate schedule for start-up of various equipment and systems. C Notify Engineer 7 days prior to startup of each item. D Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, or other conditions which may cause damage. E Verify that tests, meter readings, and specified electrical characteristics agree with those required by the equipment or system manufacturer. 07/2006 01750 - 1 of 2 CITY OF PEARLAND STARTING SYSTEMS F Verify wiring and support components for equipment are complete and tested. G Execute start-up under Contractor's supervision in accordance with manufacturer's instructions. H When specified in individual specification sections, require manufacturer to provide authorized representative to be present at site to inspect, check and approve equipment or system installation prior to and during start-up, and to supervise placing equipment or system in operation. 3.02 DEMONSTRATION AND INSTRUCTIONS A Demonstrate operation and maintenance of products to Owner two weeks minimum prior to date of Substantial Completion. B Utilize operation and maintenance manuals as basis for instruction. Review contents of manual with Owner in detail to explain all aspects of operation and maintenance. C Demonstrate start-up, operation, control, adjustment, trouble -shooting, servicing, maintenance, and shutdown of each item of equipment at agreed -upon times, at equipment location. D Prepare and insert additional data in operations and maintenance manuals when need for additional data becomes apparent during instruction. 3.03 TESTING, ADJUSTING, AND BALANCING A Contractor shall start, test, adjust, balance, and provide reports on all installed equipment as provided for in this section. B Owner may also appoint, employ, and pay for services of an independent firm to perform testing, adjusting, and balancing. Reports will be submitted by the independent firm to the Owner indicating observations and results of the tests and indicating compliance or non-compliance with specified requirements and with the requirements of the Contract Documents. C Owner's employment of an independent firm shall not relieve the Contractor's responsibility under this section. END OF SECTION 07/2006 01750-2of2 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES B Measurement by Volume: 1. Stockpiles: Measured by cubic dimension using mean length, width, and height or thickness. 2. Excavation and Embankment Materials: Measured by cubic dimension using the average end area method. C Measurement by Area: Measured by square dimension using mean length and width or radius. D Linear Measurement: Measured by linear dimension, at the item centerline or mean chord. E Stipulated Price Measurement: By unit designated in the agreement. F Other: Items measured by weight, volume, area, or lineal means or combination, as appropriate, as a completed item or unit of the Work. 1.05 PAYMENT A Payment includes full compensation for all required supervision, labor, products, tools, equipment, plant, transportation, services, and incidentals; and erection, application or installation of an item of the Work; and Contractor's overhead and profit. The price bid shall include the total cost for required Work. Claims for payment as Unit Price Work not specifically covered in Section 00300 — Bid Proposal will not be accepted. B Progress Payments for Unit Price Work will be based on the Engineer's observations and evaluations of quantities incorporated in the Work multiplied by the unit price. C Progress Payments for Lump Sum Work will be based on the Engineer's observations and evaluations of the percentage of quantities included in the schedule of values incorporated in the Work. D Final Payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities determined by Engineer multiplied by the unit price for Work which is incorporated in or made necessary by the Work. 1.06 NONCONFORMANCE ASSESSMENT A Remove and replace the Work, or portions of the Work, not conforming to the Contract Documents. B If, in the opinion of the Engineer, it is not practical to remove and replace the Work, the Engineer will direct one of the following remedies: 1. The nonconforming Work will remain as is, but the unit price will be adjusted to a lower price at the discretion of the Engineer. 2. The nonconforming Work will be modified as authorized by the Engineer, and the unit price will be adjusted to a lower price at the discretion of the Engineer, if the modified Work is deemed to be less suitable than originally specified. 05/2007 01200 - 2 of 3 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES C Individual Technical Specifications may modify these options or may identify a specific formula or percentage price reduction. D The authority of the Engineer to assess the nonconforming Work and identify payment adjustment is final. 1.07 NONPAYMENT FOR REJECTED PRODUCTS A Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable to Engineer. 2. Products determined as nonconforming before or after placement. 3. Products not completely unloaded from transporting vehicle. 4. Products placed beyond the lines and levels of the required Work. 5. Products remaining on hand after completion of the Work, unless specified otherwise. 6. Loading, hauling, and disposing of rejected products. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 05/2007 01200 - 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 Order, Time and Materials Change Order; 4. Execution of Change Orders; 5. Correlation of Contractor Submittals. B References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01760 — Project Record Documents C Other References: 1. Rental Rate Blue Book for Construction Equipment (Data Quest Blue Book). Rental Rate is defined as the full unadjusted base rental rate for the appropriate item of construction equipment. 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 RESPONSIBLE INDIVIDUAL A Contractor shall provide a letter indicating the name and address of the individual authorized to execute change documents, and who shall also be responsible for informing others in Contractor's employ and Subcontractors of changes to the Work. The information shall be provided at the Preconstruction Conference. 1.04 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND CONTRACT TIME A Provide full information required for identification and evaluation of proposed changes, and to substantiate costs of proposed changes in the Work. B Contractor shall document each Proposal for Change in cost or time with sufficient data to allow for its evaluation. 02/2008 01290 - 1 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES C Proposal for Change shall include, as a minimum, the following information as applicable: 1. Original Quantities of items in Section 00300 — Bid Proposal with additions, reductions, deletions, and substitutions. 2. When Work items were not included in Section 00300 — Bid Proposal, Contractor shall provide unit prices for the new items, with supporting information as required by the Engineer. 3. Justification for any change in Contract Time. 4. Additional data upon request. D For changes in the Work performed on a time -and -material basis, the following additional information may be required: 1. Quantities and description of products and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit as noted in Section 00700 — General Conditions of Agreement, 7.03 "Extra Work". 4. Dates and times work was performed, and by whom. 5. Time records and certified copies of applicable payrolls. 6. Invoices and receipts for products, rented equipment, and subcontracts, similarly documented. E Rented equipment will be paid to the Contractor by actual invoice cost for the duration of time required to complete the extra work. If the extra work comprises only a portion of the rental invoice where the equipment would otherwise be on the site, the Contractor shall compute the hourly equipment rate by dividing the actual monthly invoice by 176. (One day equals 8 hours and one week equals 40 hours.) Operating costs shall not exceed the estimated operating costs given for the item of equipment in the Blue Book. F For changes in the work performed on a time -and -materials basis using Contractor - owned equipment, compute rates with the Blue Book as follows: 1. Multiply the appropriate Rental Rate by an adjustment factor of 70 percent plus the full rate shown for operating costs. The Rental Rate utilized shall be the lowest cost combination of hourly, daily, weekly or monthly rates. Use 150 percent of the Rental Rate for double shifts (one extra shift per day) and 200 percent of the Rental Rate for more than two shifts per day. No other rate adjustments shall apply. 2. Standby rates shall be 50 percent of the appropriate Rental Rate shown in the Blue Book. Operating costs will not be allowed. 1.05 CHANGE PROCEDURES A Changes to Contract Price or Contract Time can only be made by issuance 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 (vD. CITY OF PEARLAND CHANGE ORDER PROCEDURES B The Engineer will advise Contractor of Minor Changes in the Work not involving an adjustment to Contract Price or Contract Time as authorized by Section 00700 — General Conditions of Agreement, 7.02 "Minor Changes", by issuing supplemental instructions. C Contractor may request clarification of Plans, Technical Specifications or Contract Documents or other 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 Contractor shall provide an itemized account and supporting data after completion of change, within time limits indicated for claims in Section 00700 — General Conditions of Agreement. B Engineer will determine the change allowable in Contract Price and Contract Time as provided in Section 00700 — General Conditions of Agreement. C Contractor shall maintain detailed records of work done on time -and -material basis as specified in this Section, 1.04 "Documentation of Change in Contract Price and Contract Time". D Contractor shall provide full information required for evaluation of changes, and shall substantiate costs for changes in the Work. 1.11 EXECUTION OF CHANGE DOCUMENTATION A Engineer will issue Change Orders, Work Change Directives, or accepted Proposals for Change for signatures of parties named in Section 00500 — Standard Form of Agreement. 1.12 CORRELATION OF CONTRACTOR SUBMITTALS A For Stipulated Price Contracts, Contractor shall promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Price. B For Unit Price Contracts, the next monthly Application for Payment of the Work after acceptance of a Change Order will be revised to include any new items not previously included and the appropriate unit rates. C Contractor shall promptly revise progress schedules to reflect any change in Contract Time, and shall revise schedules to adjust time for other items of work affected by the change, and resubmit for review. D Contractor shall promptly enter changes to the on -site and record copies of the Plans, Technical Specifications or Contract Documents as required in Section 01760 — Project Record Documents. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01290-4of4 CITY OF PEARLAND COORDINATION AND MEETINGS Section 01310 COORDINATION AND MEETINGS 1.0 GENERAL 1.01 SECTION INCLUDES A Section includes general coordination including Preconstruction Conference, Site Mobilization Conference, and Progress Meetings. B References to Technical Specifications: 1. Section 01100 — Summary of Work 1.02 RELATED DOCUMENTS A Coordination is required throughout the documents. Refer to all of the Contract Documents and coordinate as necessary. 1.03 ENGINEER AND REPRESENTATIVES A The Engineer may act directly or through designated representatives as defined in Section 00700 — General Conditions of Agreement, 1.01 "Owner, Contractor, and Engineer", and as identified by name at the Preconstruction Conference. 1.04 CONTRACTOR COORDINATION A Coordinate scheduling, submittals, and work of the various Technical Specifications to assure efficient and orderly sequence of installation of interdependent construction elements. B Coordinate completion and clean up of the Work for Substantial Completion and for portions of the Work designated for Owner's partial occupancy. C Coordinate access to Project Site for correction of nonconforming work to minimize disruption of Owner's activities where Owner is in partial occupancy. 1.05 PRECONSTRUCTION CONFERENCE A Engineer will schedule a Preconstruction Conference. B Attendance Required: Engineer's representatives, Consultants, Contractor, and major Subcontractors. C Agenda: 1. Distribution of Contract Documents. 2. Designation of personnel representing the parties to the Contract, and the Consultant. 3. Review of insurance. 02/2008 01310 - 1 of 3 rft' CITY OF PEARLAND COORDINATION AND MEETINGS 4. Discussion of formats proposed by the Contractor for Schedule of Values, and Construction Schedule. 5. Discussion of required Submittals, including, but not limited to, Work Plans, Traffic Control Plans, Safety Programs, Construction Photographs. 6. Procedures and processing of Shop Drawings and other submittals, substitutions, Applications for Payment, Requests for Information, Request for Proposal, Change Orders, and Contract Closeout. 7. Scheduling of the Work and coordination with other contractors. 8. Review of Subcontractors. 9. Appropriate agenda items listed in this Section, 1.06 "Site Mobilization Conference", when Preconstruction Conference and Site Mobilization Conference are combined. 10. Procedures for testing. 11. Procedures for maintaining Project Record Documents. 12. Designation of the individual authorized to execute change documents and their responsibilities. 13. Discussion of requirements of a Trench Safety Program. 1.06 SITE MOBILIZATION CONFERENCE A When required by Section 01100 — Summary of Work, Engineer will schedule a Site Mobilization Conference at the Project Site prior to Contractor occupancy. B Attendance Required: Engineer representatives, Consultants, Contractor's Superintendent, and major Subcontractors. C Agenda: 1. Use of premises by Owner and Contractor 2. Safety and first aid procedures 3. Construction controls provided by Owner 4. Temporary utilities 5. Survey and layout 6. Security and housekeeping procedures 1.07 PROGRESS MEETINGS A Progress Meetings shall be held at Project Site or other location as designated by the Engineer. Meeting shall be held at monthly intervals, or more frequent intervals if directed by Engineer. B Attendance Required: Job superintendent, major Subcontractors and suppliers, Engineer representatives, and Consultants as appropriate to agenda topics for each meeting. C Engineer or City's representative will make arrangements for meetings, and recording minutes. D Engineer or City's representative will prepare the agenda and preside at meetings. 02/2008 01310 - 2 of 3 (ow\ cw\ CITY OF PEARLAND COORDINATION AND MEETINGS E Contractor shall provide required information and be prepared to discuss each agenda item. F Agenda: 1. Review minutes of previous meeting. 2. Review of Construction Schedule, Applications for Payment, payroll and compliance submittals. 3. Field observations, problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of Submittal Schedule and status of submittals. 6. Review status of Requests for Information, Requests for Proposal. 7. Review status of Change Orders. 8. Review of off -site fabrication and delivery schedules. 9. Maintenance of updates to Construction Schedule. 10. Corrective measures to regain projected schedules. 11. Planned progress during succeeding work period. 12. Coordination of projected progress. 13. Maintenance of quality and work standards. 14. Effect of proposed changes on Construction Schedule and coordination. 15. Other items relating to the Work. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01310 - 3 of 3 CITY OF PEARLAND SUBMITTALS Section 01350 SUBMITTALS 1.0 GENERAL This Section contains general lists of Submittals and Technical Specifications that may be required for the Work. When Submittals are required elsewhere in these Technical Specifications, refer to this Section for Submittal requirements and procedures. 1.01 SECTION INCLUDES A Submittal procedures for: 1. Schedule of Values 2. Construction Schedules 3. Shop Drawings, Product Data, and Samples 4. Operations and Maintenance Data 5. Manufacturer's Certificates 6. Construction Photographs 7. Project Record Documents 8. Design Mixes B References to the following Technical Specifications: 1. Section 01310 — Coordination & Meetings 2. Section 01630 — Product Options & Substitutions 3. Section 01100 — Summary of Work 4. Section 01380 — Construction Photographs 5. Section 01760 — Project Record Documents 6. Section 02530 — Gravity Sanitary Sewers 1.02 SUBMITTAL PROCEDURES A Scheduling and Handling 1. Schedule Submittals well in advance of the need for material or equipment for construction. Allow time to make delivery of material or equipment after Submittal is approved. 2. Develop a Submittal Schedule that allows sufficient time for initial review, correction, resubmission and final review of all submittals. The Engineer will review and return submittals to the Contractor as expeditiously as possible but the amount of time required for review will vary depending on the complexity and quantity of data submitted. In no case will a Submittal Schedule be acceptable which allows less than 30 days for initial review by the Engineer. This time for review shall in no way be justification for delays or additional compensation to the Contractor. 3. The Engineer's review of submittals covers conformity to the Plans, Technical Specifications, and dimensions which affect the layout. The Contractor is responsible for quantity determination. The Contractor is responsible for any errors, omissions or deviations from the Contract requirements; review of 01/2008 01350 - 1 of 6 (P.\ CITY OF PEARLAND SUBMITTALS submittals in no way relieves the Contractor from his obligation to furnish required items according to the Plans and Technical Specifications. 4. Submit 5 copies of documents unless otherwise specified in this Section or by individual Technical Specifications. 5. Revise and resubmit submittals as required. Identify all changes made since previous submittal. 6. The Contractor shall assume the risk for material or equipment which is fabricated or delivered prior to approval. No material or equipment shall be incorporated into the Work or included in Applications for Payment until approval has been obtained in the specified manner. B Transmittal Form and Numbering 1. Transmit each submittal to the Engineer with a transmittal form. 2. Sequentially number each transmittal form beginning with the number 1. Re - Submittals shall use the original number with an alphabetic suffix (i.e., 2A for first Re -Submittal of Submittal 2 or 15C for third Re -Submittal of Submittal 15). Each submittal shall only contain one type of work, material, or equipment. Mixed submittals will not be accepted. 3. Identify variations from requirements of Contract Documents and identify product or system limitations. 4. For submittal numbering of video tapes, see this Section, 1.10 "Video". C Contractor's Certification 1. Each submittal shall contain a statement or stamp signed by the Contractor, certifying that the items have been reviewed in detail and are correct and in accordance with Contract Documents, except as noted by any requested variance. 1.03 SCHEDULE OF VALUES A Submit a Schedule of Values at least 10 days prior to the first Application for Payment. A Schedule of Values shall be provided for each of the items indicated as Lump Sum (LS) in Section 00300 — Bid Proposal for which the Contractor requests to receive Progress Payments. B Schedule of Values shall be typewritten on 8-1/2" x 11", plain bond, white paper. Use the Table of Contents of this Project Manual as a format for listing costs of Work by Section. C Round off figures for each listed item to the nearest $100.00 except for the value of one item, if necessary, to make the total price for all items listed in the Schedule of Values equal to the applicable Lump Sum in Section 00300 — Bid Proposal. D For Unit Price Contracts, items should include a proportional share of Contractor's overhead and profit, such that the total of all items listed in the Schedule of Values equals the Contract amount. For Stipulated Price Contracts, Mobilization, Bonds, and Insurance may be listed as separate items in the Schedule of Values. 01/2008 01350 - 2 of 6 CITY OF PEARLAND SUBMITTALS E For Lump Sum equipment items, where Submittals for Testing, Adjusting, and Balancing Reports in conjunction with Operation and Maintenance Data are required, include a separate item for equipment Operation and Maintenance Data Submittals and a separate item for Submittals of equipment Testing, Adjusting, and Balancing Reports, each valued at five (5) percent of the Lump Sum. F Revise the Schedule of Values and resubmit for items affected by contract modifications, Change Orders, and Work Change Directives. Submit revised Schedule of Values 10 days prior to the first Application for Payment after the changes are approved by the Engineer. 1.04 CONSTRUCTION SCHEDULES A Submit Construction Schedules for the Work in accordance with the requirements of this Section. The Construction Schedule Submittal shall be, at a minimum, a bar chart, (computer generated or prepared manually) and a narrative report. B During the Preconstruction Meeting, as noted in Section 01310 - Coordination and Meetings, the Contractor shall provide a sample of the format to be used for the Construction Schedule Submittal. The format is subject to approval by the Engineer. Review of the Submittal will be provided within 7 days of the Submittal of the sample. C Within 7 days of the receipt of approval of the Contractor's format, or 14 days of the Notice to Proceed, whichever is later, the Contractor shall submit a proposed Construction Schedule for review. The Construction Schedule Submittal shall meet the following requirements: 1. The Construction Schedule shall usually include a total of at least 20 but not more than 50 activities. Fewer activities may be accepted, if approved by the Engineer. 2. For Projects with work at different physical locations, each location should be indicated separately within the Construction Schedule. 3. For projects with multiple crafts or significant subcontractor components, these elements should be indicated separately within the Construction Schedule. 4. For Projects with multiple types of tasks within the scope, these types of work should be indicated separately within the Construction Schedule. 5. For Projects with significant major equipment items or materials worth over 25 percent of the Total Contract Price, the Construction Schedule shall indicate dates when these items are to be purchased, when they are to be delivered, and when installed. 6. For Projects where operating plants are involved, each period of work which will require the shut down of any process or operation shall be identified in the Construction Schedule and must be agreed to by the Engineer prior to starting work in the area. 7. A Billing Schedule (tabulation of the estimated monthly billings) for the Work shall be prepared and submitted by the Contractor with the first Construction Schedule. This information is not required in the monthly updates, unless significant changes in Work require re -submittal of the Construction Schedule for review. The total for each month and a cumulative total will be indicated. 01/2008 01350 - 3 of 6 er-\ CITY OF PEARLAND SUBMITTALS These monthly forecasts are only for planning purposes of the Engineer. Monthly payments for actual work completed will be made by the Engineer in accordance with Section 00700 - General Conditions of Agreement. D The Contractor must receive approval of the Engineer for the Construction Schedule and Billing Schedule prior to the first monthly Application for Payment. No payment will be made until these are accepted. E Upon written request from the Engineer, the Contractor shall revise and submit for approval all or any part of the Construction Schedule to reflect changed conditions in the Work or deviations made from the original plan and schedule. F The Contractor's Construction Schedule shall thereafter be updated with the Actual Start and Actual Finish Dates, Percent Complete, and Remaining Duration of each Activity and submitted monthly. The date to be used in updating the monthly Construction Schedule shall be the same Date as is used in the monthly Application for Payment. This monthly update of the Construction Schedule shall be required before the monthly Application for Payment will be processed for payment. G The narrative Construction Schedule Report shall include a description of changes made to the Construction Schedule; Activities Added to the Construction Schedule; Activities Deleted from the Construction Schedule; any other changes made to the Construction Schedule other than the addition of Actual Start Dates and Actual Finish Dates and Remaining Durations. 1.05 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES 01/2008 A Shop Drawings 1. Submit Shop Drawings for review as required by the Technical Specifications. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures" shall be placed on each Shop Drawing. 3. The Shop Drawing shall accurately and distinctly present the following: a. Field and erection dimensions clearly identified as such. b. Arrangement and section views. c. Relation to adjacent materials or structure including complete information for making connections between work under this Contract and work under other contracts. d. Kinds of materials and finishes. e. Parts list and descriptions. f. Assembly Shop Drawings of equipment components and accessories showing their respective positions and relationships to the complete equipment package. g. Where necessary for clarity, identify details by reference to sheet numbers and detail numbers, schedule or room numbers as shown on the Plans. 4. Shop Drawing Drawings shall be to scale, and shall be a true representation of the specific equipment or item to be furnished. 01350-4of6 CITY OF PEARLAND SUBMITTALS B Product Data 1. Submit Product Data for review when required in individual Technical Specifications. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures" shall be placed on each data item submitted. 3. Mark each copy to identify applicable products, models, options to be used in this Project. Supplement manufacturers' standard data to provide information unique to this Project, where required by the Technical Specification. 4. For products specified only by reference standard, submit manufacturer, trade name, model or catalog designation, and applicable reference standard. 5. For Approved Products, those designated in the Technical Specifications followed by the words "or approved equal", submit manufacturer, trade name, model or catalog designation, and applicable reference standard. 6. For products proposed as alternates to Approved Products, refer to Section 01630 - Product Options and Substitutions, 1.04 "Selection Options" and 1.07 "Substitution Procedures". 7. For products that are neither Pre -Approved, Approved, specified only by reference standard, nor proposed as alternates, submit product description, trade name, manufacturer, and supplier. Contractor shall provide additional information upon written request by Engineer or Owner. C Samples 1. Submit samples for review as required by the Technical Specification. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures", shall be placed on each sample or a 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 - 5 of 6 CITY OF PEARLAND SUBMITTALS C Submit supporting reference data, affidavits, and certifications as appropriate. D Manufacturer's Certificates may be recent or previous test results on material or product, but must be acceptable to Engineer. 1.08 CONSTRUCTION PHOTOGRAPHS A Submit photographs in accordance with Section 01380 — Construction Photographs. 1. Prints: Prepare 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 times for reference on the job site. B PRECONSTRUCTION PHOTOGRAPHS: 1. Prior to the commencement of any construction, take digital color photographs on the entire route of the project 2. Photographs: Two prints, color, matte finish; 3 x 5 inch size, mounted on 81/2 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 01/2008 A Submit television video in DVD format as required in individual Technical Specifications. B Transmittal forms for video disks shall be numbered sequentially beginning with TO1, T02, T03, etc. 01350-6of6 CITY OF PEARLAND SUBMITTALS 1.11 DESIGN MIXES A When specified, submit design mixes for review. B Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures", shall be placed on front page of each design mix. C Mark each design mix to identify proportions, gradations, and additives for each class and type of design mix submitted. Include applicable test results on samples for each mix. D Maintain a copy of approved design mixes at mixing plant. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 01/2008 01350 - 7 of 6 CITY OF PEARLAND CONSTRUCTION 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 Manager within seven (7) days of taking photographs. One (1) print shall be retained by the Contractor in the field office at the Project Site and available at all times for reference. D When requested by the Project Manager, the Contractor shall submit extra prints of photographs, for distribution directly to designated parties who will pay the costs for the extra prints directly to the photographer. E When required by individual Sections, submit photographs taken prior to start of the Work to show original Project Site conditions. F When required by Contract Documents, submit photographs with Application for Payment. G When required by individual Sections, submit photographs taken following completion of the Work to show the condition in which the Project Site will be left. H With each submittal, include photographic negatives in protective envelopes, identified by Project Name, Contractor, and date photographs were taken. 01/2008 01380 - 1 of 3 CITY OF PEARLAND CONSTRUCTION PHOTOGRAPHS 1.04 QUALITY ASSURANCE A Contractor shall be responsible for the timely execution of the photographs, their vantage point, direction of shot, and quality. 2.0 PRODUCTS 2.01 PHOTOGRAPHS A Photographs shall be digital quality and shall be submitted on a CD. B The photographs shall show on a non -elective chalkboard or white board, readable in the photograph: 1. Job number. 2. Date and time photographs were taken. 3. Location of the photograph, house number and street, along with the project number. C Indicate the condition of the following: 1. Esplanades and boulevards. 2. Yards (near side and far side of street). 3. House -walk and sidewalk. 4. Curb. 5. Area between walk and curb. 6. Particular features (yard lights, shrubs, fence, trees, etc.). 7. Date shall be on negative. 8. Provide notation of vantage point marked for location and direction of shot on a key plan of the Project Site. D Sufficient number of photographs shall be taken to show the existence or non- existence of cracked concrete and the condition of trees, shrubs and grass. E Identify each photograph with an applied label or rubber stamp on the back with the following information: 1. Name of the Project. 2. Name and address of the photographer (if a professional photographer is 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 for Payment. B Select the vantage points for each shot each month to best show the status of construction and progress since the last photographs were taken. Take not less than two (2) shots from the same vantage point creating a time -lapsed sequence. C Follow direction when given by the Project Manager in selecting vantage points. END OF SECTION 01/2008 01380 - 3 of 3 CITY OF PEARLAND REFERENCED STANDARDS Section 01420 REFERENCED STANDARDS 1.0 GENERAL 1.01 SECTION INCLUDES A General quality assurance as related to Reference Standards and a list of references. B References to Technical Specifications: None 1.02 QUALITY ASSURANCE A For Products or workmanship specified by association, trade, or Federal Standards comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B Conform to reference standard by date of issue current on the date as stated in Section 00700 — General Conditions of Agreement. C Request clarification from Engineer before proceeding should specified reference standards conflict with Contract Documents. 1.03 SCHEDULE OF REFERENCES AASHTO American Association of State Highway and Transportation Officials 11111 North Capitol Street, N.W. Washington, DC 20001 ACI AGC AI AITC 02/2008 American Concrete Institute P.O. Box 19150 Reford Station Detroit, MI 48219-0150 Associated General Contractors of America 1957 E Street, N.W. Washington, DC 20006 Asphalt Institute Asphalt Institute Building College Park, MD 20740 American Institute of Timber Construction 333 W. Hampden Avenue Englewood, CO 80110 01420 - 1 of 5 CITY OF PEARLAND REFERENCED STANDARDS AISC AISI 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 ASME American Society of Mechanical Engineers 345 East 47th Street New York, NY 10017 ANSI APA API American National Standards Institute 1430 Broadway New York, NY 10018 American Plywood Association Box 11700 Tacoma, WA 98411 American Petroleum Institute 1220 L Street, N.W. Washington, DC 20005 AREA American Railway Engineering Association 50 F Street, N.W. Washington, DC 20001 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 01420-2of5 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 CRSI EJMA Code of Ordinances City of Pearland 3519 Liberty Drive Pearland, TX 77581 Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg, IL 60173-4758 Expansion Joint Manufacturers Association 707 Westchester Avenue White Plains, NY 10604 FDA U.S. Food and Drug Administration 5600 Fisher Lane Rockville, MD 20857-0001 FS ICEA IEEE MIL Federal Standardization Documents General Services Administration, Specifications Unit (WFSIS) 7th and D Street S.W. Washington, DC 20406 Insulated Cable Engineer Association P.O. Box 440 S. Yarmouth, MA 02664 Institute of Electrical and Electronics Engineers 445 Hoes Lane P.O. Box 1331 Piscataway, NJ 0855-1331 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 National Fire Protection Association Batterymarch Park, P.O. Box 9101 Quincy, MA 02269-9101 OSHA Occupational Safety Health Administration U.S. Department of Labor, Government Printing Office Washington, DC 20402 PCA PCI SDI SSPC Portland Cement Association 5420 Old Orchard Road Skokie, IL 60077-1083 Prestressed Concrete Institute 201 North Wacker Drive Chicago, IL 60606 Steel Deck Institute Box 9506 Canton, OH 44711 Steel Structures Painting Council 4400 Fifth Avenue Pittsburgh, PA 15213 TAC Texas Administrative Code TCEQ Texas Commission on Environmental Quality P. O. Box 13087 Austin, TX 78711-3087 TxDOT Texas Department of Transportation 125 East llth Street Austin, TX 78701-2483 Texas MUTCD Texas Manual on Uniform Traffic Control Devices (2003 Adoption) (published by Texas Department of Transportation) UL Underwriters' Laboratories, Inc. 333 Pfingston Road Northbrook, IL 60062 UNI-BELL UNI-BELL Pipe Association 2655 Villa Creek Drive, Suite 155 02/2008 01420-4of5 or-\ CITY OF PEARLAND REFERENCED STANDARDS WRI Dallas, TX 75234 Wire Reinforcement Institute 942 Main Street — Suite 300 Hartford, CT 06103 WWD/PI Water Well Drillers and Pump Installers Advisory Council Texas Department of Licensing and Regulation P.O. Box 12157 Austin, TX 78711 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - Not Used END OF SECTION 02/2008 01420-5of5 r 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 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 QUALITY ASSURANCE/CONTROL OF INSTALLATION A Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce the Work of specified quality at no additional cost to the Owner. B Comply fully with manufacturers' installation instructions, including each step in sequence. C Request clarification from Project Manager before proceeding should manufacturers' instructions conflict with Contract Documents. D Comply with specified Standards as minimum requirements for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E Perform work by persons qualified to produce the specified level of workmanship. F Obtain copies of Standards and maintain at Project Site when required by individual Technical Specifications. 1.04 MANUFACTURERS' FIELD SERVICES AND REPORTS A When specified in individual Technical Specifications, provide material or product suppliers' or manufacturers' technical representative to observe site conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, operator training, test, adjust, and balance of equipment as applicable, and to initiate operation, as required. Conform to minimum time requirements for start-up operations and operator training if defined in Technical Specifications. 02/2008 01430 - 1 of 2 CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL B At the Project Manager's request, submit qualifications of manufacturer's representative to Project Manager fifteen (15) days in advance of required representative's services. The representative shall be subject to approval of Project Manager. C Manufacturer's representative shall report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. Submit report within one (1) day of observation to Project Manager for review. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01430-2of2 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 a representative of the Owner to oversee inspections, tests, and other services specified in individual Technical Specifications. B Alternately, Project Manager may appoint, employ, and pay an independent firm to provide additional observation or construction management services as indicated in Section 01450 — Testing Laboratory Services. C Reports will be submitted by the independent firm to Project Manager, Engineer, and Contractor, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. D Contractor shall assist and cooperate with the Observer; furnish samples of materials, design mix, equipment, tools, and storage. E Contractor shall notify Project Manager 24 hours prior to expected time for operations requiring services. Notify Engineer and independent firm when noted. F Contractor shall sign and acknowledge report for Observer. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 09/2009 01440 - 1 of 1 clw 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: 1. Section 01350 — Submittals C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 3740, "Practice for Evaluation of Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction" b. ASTM E 329, "Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials as Used in Construction" 1.02 SELECTION AND PAYMENT A Owner will select, employ, and pay for services of an independent testing laboratory to perform inspection and testing identified in individual Technical Specifications. B Employment of testing laboratory shall not relieve Contractor of obligation to perform work in accordance with requirements of Contract Documents. C Owner or designated representative shall schedule and monitor testing as required to provide timely results and to avoid delay to the Work. D Contractor shall be responsible for paying for services of commercial testing laboratory, with prior approval of Owner, to perform the following: 1. Pipe diameter deflection tests on all flexible and semi -rigid sanitary sewer collection system pipe installation 2. Laboratory services required to establish mix design proposed for use for Portland cement concrete, asphaltic concrete mixtures and other material mixes requiring control by testing laboratory when required because of change in source of materials or other conditions not caused by Owner. 3. Tests required to establish optimum moisture of earth and base materials and to determine required compactive effort to meet density requirements. 4. Cores to test for thickness. 5. Testing and inspection performed for the Contractor's convenience. 6. Retesting and repetitions of laboratory services when initial tests indicate work does not comply with requirements of Contract Documents. 04/2008 01450 - 1 of 3 CITY OF PEARLAND TESTING LABORATORY SERVICES 1.03 LABORATORY REPORTS A The Engineer will receive 1 copy, the Project Manager will receive 2 copies, and the Contractor will receive 2 copies of Laboratory Reports from the testing laboratory. One of the Contractor's copies shall remain at the Project Site for duration of Project. Test results which indicate non-conformance shall be transmitted immediately via fax from the testing laboratory to the Contractor and Project Manager. 1.04 LIMITS ON TESTING LABORATORY AUTHORITY A Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B Laboratory may not approve or accept any portion of the Work. C Laboratory may not assume any duties of Contractor. D Laboratory has no authority to stop the Work. 1.05 CONTRACTOR RESPONSIBILITIES A Notify Project Manager and laboratory 24 hours prior to expected time for operations requiring inspection and testing services. Notify Engineer if specification section requires the presence of the Engineer. B Cooperate with laboratory personnel in collecting samples to be tested or collected on Project Site. C Provide access to the Work and to manufacturer's facilities. D Provide samples to laboratory in advance of their intended use to allow thorough examination and testing. E Provide incidental labor and facilities for access to the Work to be tested; to obtain and handle samples at the site or at source of products to be tested; and to facilitate tests and inspections including storage and curing of test samples. F Arrange with laboratory and pay for: 1. Retesting required for failed tests. 2. Retesting for nonconforming Work. 3. Additional sampling and tests requested by Contractor for his own purposes. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION 04/2008 01450-2of3 CITY OF PEARLAND TESTING LABORATORY SERVICES 3.01 CONDUCTING TESTING A Laboratory sampling and testing shall conform to ASTM D 3740 and ASTM E 329, as well as other test standards specified in individual Technical Specifications. END OF SECTION 04/2008 01450 - 3 of 3 CITYOFPEARLAND TEMPORARY FACILITIES AND CONTROLS Section 01500 TEMPORARY FACILITIES AND CONTROLS 1.0 GENERAL 1.01 SECTION INCLUDES A Temporary facilities and the necessary controls for the Work including utilities, telephone, sanitary facilities, field office, storage sheds and building, safety requirements, first aid equipment, fire protection, security measures, protection of the Work and property, access roads and parking, environmental controls, disposal of trash, debris, and excavated material, pest and rodent control, water runoff and erosion control. B References to Technical Specifications: Section 00200 — Instructions to Bidders Section 01100 — Summary of Work Section 01350 — Submittals Section 01566 — Source Controls for Erosion & Sedimentation Section 01100 — Summary of Work Section 01600 — Material & Equipment Section 01570 — Trench Safety System Section 01555 — Traffic Control & Regulation Section 01720 — Field Surveying Section 01563 — Tree & Plant Protection Section 01564 — Control of Ground Water & Surface Water Section 13730- Computer Equipment 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 12-2- 2011 01500 - 1 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 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. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.04 CONTRACTOR'S RESPONSIBILITY A The facilities and controls specified in this Section are considered minimum for the Work. The Contractor may provide additional facilities and controls for the proper execution of the Work and to meet Contractor's responsibilities for protection of persons and property. B Comply with applicable requirements specified in other Technical Specifications. Maintain and operate temporary facilities and systems to assure continuous service. Modify and extend systems as Work progress requires. Completely remove temporary materials and equipment when their use is no longer required. Restore existing facilities used for temporary services to specified or to original condition. 1.05 TEMPORARY UTILITIES A Temporary Service Make arrangements with utility service companies for such temporary services as are necessary to construct the work and manage the site. Abide by rules and regulations of the utility service companies or authorities having jurisdiction. Be responsible for utility service costs until the Work is Substantially Complete. Included are fuel, power, light, heat, and other utility services necessary for execution, completion, testing, and initial operation of the Work. B Water Provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices, or for other use as required for proper completion of the Work. 12-2- 2011 01500 - 2 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS For water to be drawn from public water supply, obtain special permit or license and meter from the proper City officials. For facilities under construction, establish a water/sewer billing account with City's Utility Billing Department. A deposit based on rates established by latest ordinance will be required. For water drawn from fire hydrants, apply for and receive a construction water meter from City' Public Works Department. Identify specific location for construction water meter installation. Once installed, water meter may not be moved without notification of Public Works Department. Install backflow preventer on fire hydrant supply if not included in City provided meter. Provide and maintain an adequate supply of potable water for domestic consumption by Contractor personnel. C Electricity and Lighting 1 Provide temporary electric power service in Contractor's name, as required for the prosecution of the Work, including testing of Work. Provide power for lighting, operation of the Contractor's equipment, or for any other use by Contractor or as necessary to maintain any of Owner's on -going operations as may continue on the site during any scheduled shutdown. Minimum lighting level shall be 5 foot-candles for open areas; 10 foot-candles for stairs and shops. 2 Provide permanent electric power service, in the Contractor's name, to the work or site as and when required by the schedule of the work to achieve Substantial Completion or Partial Substantial Completion. Contractor to establish service billing in its name and transfer service and billing to the Owner upon acceptance of the work as Substantially Complete and suitable for beneficial occupancy by the Owner. D Natural Gas Provide and pay for natural gas service to the work as and when required by the schedule to achieve Substantial Completion. Contractor to establish service billing in its name and transfer service and billing to the Owner upon acceptance of the work as Substantially Complete and suitable for beneficial occupancy by the Owner. E Temporary Heat and Ventilation Provide temporary heat as necessary for protection or completion of the Work. Provide temporary heat and ventilation to assure safe working conditions; maintain enclosed areas at a minimum of 50 degrees F. F Telephone Provide emergency telephone service at the Project Site for use by Contractor personnel and others performing work or furnishing services. G 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 12-2- 2011 01500-3of10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS work and secluded from view insofar as possible. Keep toilets clean and supplied throughout the course of the Work. Enforce the use of sanitary facilities by construction personnel at the Project Site. Such facilities shall be enclosed. Pit -type toilets will not be permitted. No discharge will be allowed from these facilities. Collect and store sewage and waste so as not to cause a nuisance or health problem; have sewage and waste hauled off -site and properly disposed in accordance with local regulations. Control areas where sanitary facilities are located in conformance with Section 01566 — Source Controls for Erosion & Sedimentation. 1.06 FIELD OFFICE A Provision of a Field Office and other specific temporary facilities as required in paragraph B below UNLESS otherwise stated in Section 00800 - Special Conditions of the Agreement, or Section 01100 — Summary of Work. Provide for transportation, move -in, set-up, tie -down and, when project is complete, removal and move -out. The Contractor shall confirm location of office and other temporary facilities with Owner's Representative at Pre -Construction Meeting prior to delivery and set up. Location of temporary facilities shall be approved by the Owner's Representative by way of the submittal process. B. At a minimum, the Contractor's field office shall provide for, contain or serve to: provide a secured space for project administrative operations, periodic progress meetings, on -site storage for project files and plans, office space for CONTRACTOR's field supervisory personnel and provide a separate securable office space for OWNER's Representative including: meeting table and chairs, a single two drawer filing cabinet, a built-in drawing table and plan holders. Provide electric lighting and HVAC to the mobile office. 1. Field Office shall provide for, at a minimum, a high speed internet connection for use by Owner's Representative or Construction Manager as controlled by Paragraph A above. 1.07 STORAGE OF MATERIALS A Provide for storage of materials under the provisions of Section 01600 — Material & Equipment. 1.08 SAFETY REQUIREMENTS A Contractor shall prepare, submit and follow a Safety Program that complies with federal, state, and local safety codes, statutes, and practices. Include in the Safety Program documented response to excavation, embankment, and trench safety requirements as specified in Section 01570 — Trench Safety System. B Conduct operations in strict accord with applicable federal, state and local safety codes and statutes and with good construction practice. The Contractor is fully responsible and obligated to establish and maintain procedures for safety of all work, personnel and equipment involved in the Work. 12-2- 2011 01500-4of10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS C Observe and comply with Texas Occupational Safety Act (Art. 5182a, V.C.S.) and with all safety and health standards promulgated by Secretary of Labor under Section 107 of Contract Work Hours and Standards Act, published in OSHA Standards - 29 CFR, Part 1926, and adopted by Secretary of Labor under the Williams -Steiger Occupational Safety and Health Act of 1970, and to any other legislation enacted for safety and health of Contractor employees. Such safety and health standards apply to subcontractors and their employees as well as to the Contractor and its employees. D Observance of and compliance with the regulations shall be solely and without qualification the responsibility of the Contractor without reliance or superintendence of or direction by the Engineer or the Engineer's representative. Immediately advise the Engineer of investigation or inspection by Federal Safety and Health inspectors of the Contractor or subcontractor's work or place of work on the Project Site under this Contract, and after such investigation or inspection, advise the Engineer of the results. Submit one copy of accident reports to Engineer within ten (10) days of occurrence. E Protect areas occupied by workmen using the best available devices for detection of lethal and combustible gases. Test such devices frequently to assure their functional capability. Constantly observe infiltration of liquids into the Work area for visual or odor evidence of contamination. Take immediate and appropriate steps to seal off entry of contaminated liquids to the Work area. F Safety measures, including but not limited to safety personnel, first -aid equipment, ventilating equipment and safety equipment, in the Plans and Technical Specifications are obligations of the Contractor. G Maintain required coordination with the local Police and Fire Departments during the entire period covered by the Contract. 1.09 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. 1.10 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 Construction and Demolition Operations. Provide portable fire extinguishers, rated not less than 2A or 5B in accordance with NFPA Standard No. 10, Portable Fire Extinguishers, for each temporary building, and for every 3000 square feet of floor area of facilities under construction. 12-2- 2011 01500 - 5 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 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. 1.11 SECURITY MEASURES A Protect all materials, equipment, and property associated with the Work from loss, theft, damage, and vandalism. Contractor's duty to protect property includes Owner's property. B If existing fencing or barriers are breached or removed for purposes of construction, provide and maintain temporary security fencing equal to existing as approved by Owner's Representative. 1.12 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. 1.13 PROTECTION OF PEOPLE AND PROPERTY A Preventive Actions. Take precautions, provide programs, and take actions necessary to protect the Work and public and private property from damage. Take action to prevent damage, injury or loss, including, but not limited to, the following: a. Store apparatus, materials, supplies, and equipment in an orderly, safe manner that will not unduly interfere with progress of the Work or the Work of any other contractor, any utility service company, or the Owner's operations. b. Provide suitable storage for materials that are subject to damage by exposure to weather, theft, breakage, or otherwise. c. Place upon the Work or any part thereof only such loads as are consistent with the safety of that portion of the Work. d. Frequently clean up refuse, rubbish, scrap materials, and debris caused by construction operations, keeping the Work safe and orderly. 12-2- 2011 01500 - 6 of 10 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR under the Contract or any other agreement with OWNER or any parent, subsidiary or affiliate of OWNER. 8.03 CUMULATIVE REMEDIES & SPECIFIC PERFORMANCE. All rights and remedies of OWNER, under the terms of the Contract and/or available at law or in equity, are cumulative. In the event CONTRACTOR or any of its subcontractors, vendors or suppliers fails or refuses for any reason to provide timely manufacture, fabrication, delivery, installation, erection, construction or completion of any supplies, materials, expendables, equipment, machinery, accessories or appurtenances to be furnished hereunder, 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 performance. In the event such adequate assurances are not given to the reasonable satisfaction of OWNER within seventy-two (72) hours of such request, OWNER shall have the right to immediately invoke the remedies of this Section 8 or as provided by law. Pending receipt of such adequate assurances of such future performance, OWNER may proceed with the Work on a temporary basis and deduct the costs, plus reasonable overhead and profit, from any amounts due or which may become due to CONTRACTOR under the Contract or any other agreement with OWNER. In this regard, OWNER and CONTRACTOR agree that delays in performance could result in more damages to CONTRACTOR than would be sustained if OWNER failed to exercise such remedies. 8.06 CONTINGENT ASSIGNMENT. CONTRACTOR hereby assigns to OWNER, all of CONTRACTOR's rights under and interest in any and all subcontracts and/or purchase orders entered into by CONTRACTOR pursuant to this Agreement, such assignment to become effective upon CONTRACTOR's default under this Agreement or OWNER's termination of this Contract, and OWNER's acceptance of such assignment. Upon CONTRACTOR's default or OWNER's termination of this Contract, OWNER may, in the event there is no performance bond for the Contract, or in the event the performance bond surety fails to complete the Contract, or if OWNER otherwise so elects in its sole discretion, accept such assignment by written notice of such 10-1012 00700 - 33 of 36 CITYOFPEARLAND GENERAL CONDITIONS OF AGREEMENT acceptance to CONTRACTOR and subcontractor, and may require subcontractors to perform all of the then unperformed duties and obligations under the subcontract, for the direct benefit of OWNER. In the event OWNER requires such performance by a subcontractor, then OWNER shall be obligated to pay such subcontractor any amounts due and owing under the terms of the subcontract/purchase order, at the subcontract prices and rates, and subject to any rights of withholding or offset and other terms and conditions of the subcontract, for all work properly performed by such subcontractor, to the date of OWNER's acceptance and thereafter. OWNER's liability in this connection, however, shall not exceed the amount obtained by subtracting all payments made by CONTRACTOR to subcontractor from the Subcontract Price at the time of CONTRACTOR's default or OWNER's termination of CONTRACTOR. CONTRACTOR shall include a provision in its subcontracts that allows such assignment and allows OWNER to take these actions, and further provides that in the event of CONTRACTOR's termination for default, the subcontractor agrees to give the OWNER or its agent the right to inspect all books and records of subcontractor relating to the Work. 8.07 WAIVER OF CONSEQUENTIAL DAMAGES. CONTRACTOR expressly waives any and all claims for consequential damages against OWNER arising out of or related to this Contract, or any other agreements between CONTRACTOR and OWNER, including, but not limited to, claims for damages incurred by CONTRACTOR for principal office expenses, including the compensation of personnel stationed there, losses of financing, bonding capacity, business and reputation, and claims for lost profit, whether on this Contract or otherwise. 8.08 TERMINATION FOR CONVENIENCE. OWNER may at its sole discretion, upon five (5) days written notice to CONTRACTOR, terminate this Contract, in whole or in part, if and when OWNER determines that it is in the best interest of OWNER to do so. Upon receipt of such written notice from OWNER, CONTRACTOR shall cease all terminated Work and take reasonable precautions to protect and preserve such work, and shall take all reasonable measures after consultation with OWNER to terminate or assign to OWNER all subcontracts, purchase orders or other commitments related to the Work or the Project on terms and conditions acceptable to OWNER. CONTRACTOR will be paid for all Work performed in strict accordance with the Contract Documents, based upon the Contract Price and the percentage of completion on the date of termination, and less amounts previously paid, subject to any reasonable backcharges attributable to CONTRACTOR's failure to comply with any of the provisions of this Contract and further subject to the other terms of this Contract regarding payment. In no event will CONTRACTOR receive or be entitled to any payment or compensation whatsoever for interruption of business or loss of business opportunities, any other items of consequential damages, for overhead or loss of profits on the unperformed Work and/or services and unfurnished materials or for any intangible, impact or similarly described cost, damages or expense, and under no circumstances shall the total sum paid to or received by CONTRACTOR under this Contract exceed the Contract Price. The compensation provided herein shall be CONTRACTOR's sole and exclusive remedy arising out of a termination for convenience. 8.09 DEFAULT BY OWNER. In case the OWNER shall default on its material obligations under this Contract, other than OWNER' s failure to pay CONTRACTOR a disputed amount due within the time limits provided in the Contract or applicable law, as addressed by Section 6.13 of this Agreement, and shall fail or refuse to cure, or to commence and diligently pursue cure of such default within fifteen (15) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the Work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of the Work 10-1012 00700 - 34 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT that have not been included in payments to the CONTRACTOR and have not been incorporated into the Work. And thereupon, the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all Work actually completed by said CONTRACTOR (at the Contract Prices), the value of all partially completed Work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this Contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole Work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement, and shall present the same to the OWNER, and OWNER's payment of said sum to the CONTRACTOR, on or before thirty (30) days after OWNER's receipt of such statement, shall satisfy any and all rights, claims or causes of action of CONTRACTOR arising out of or related to such default by OWNER, and shall be CONTRACTOR's sole and exclusive remedy for such default. A disputed or unilateral claim by the Contractor cannot by itself constitute a default hereunder. 9.0 DISPUTE RESOLUTION Any dispute or pending claim or dispute resolution process between OWNER and CONTRACTOR shall not excuse or relieve CONTRACTOR of its obligations under the Contract, and CONTRACTOR shall diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. All claims, disputes and other matters in question arising out of or relating to, the Contract, or the breach thereof, shall be subject to mediation as a condition precedent to any other dispute resolution process as may be selected by OWNER. Unless mutually agreed otherwise the mediation shall be conducted by a third party who will be selected by agreement between OWNER and CONTRACTOR, and Request for Mediation shall be filed with the other party. The parties shall share the mediator's fee and any filing fees equally. If a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the work of a subcontractor or supplier, OWNER or CONTRACTOR may join such subcontractor or supplier as a party to any mediation proceeding between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts and/or purchase orders related to the Work a specific provision whereby the subcontractor or supplier consents to being joined in mediation between OWNER and CONTRACTOR involving the work of such subcontractor or supplier. This Contract shall be governed by the laws of the State of Texas and shall be considered performable in Brazoria County, Texas, for venue purposes. Further, the OWNER and CONTRACTOR stipulate that venue for any dispute resolution proceeding involving or touching upon the Contract other than the conduct of an arbitration hearing shall be in Brazoria County, Texas, or, if such choice of venue is prohibited or unenforceable by law, shall be held in the county where the Project is located. CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in the event OWNER seeks to enforce any provision of this Contract whether by arbitration or other dispute resolution process. Further, in the event OWNER defends any claim instituted by CONTRACTOR against OWNER, whether in arbitration or other dispute resolution 10-1012 00700 - 35 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT process, CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in defending such claim provided OWNER is the prevailing party, in whole or in part, in such proceeding. 10-1012 00700 - 36 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 1 TO GENERAL CONDITIONS WORKERS' COMPENSATION INSURANCE COVERAGE A. DEFINITIONS: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project for the duration of the Project. Duration of the Project -includes the time from the beginning of the Work on the Project until the contractor's/person's work on the Project has been completed and the Project warranty period has expired. Persons providing services on the project includes persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with due contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, motor carriers and owner - operators, (as defined at Section 406.121 of the Texas Labor Code), leasing companies, and employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for employees of the contractor providing services on the project, for the duration of the project. C. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the Contract. D. If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. E. The CONTRACTOR shall obtain from each subcontractor or other person providing services on a project, and provide to the OWNER: (I) a certificate of coverage, prior to that person beginning work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 05/2007 00700 - Al CITYOFPEARLAND GENERAL CONDITIONS OF AGREEMENT (2) no later than seven days after receipt by the CONTRACTOR and prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 days after the CONTRACTOR knew or should have known, of any changes that materially affect the provision of coverage of any person providing services on the Project. H. The CONTRACTOR shall post on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. NOTICE REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440- 3789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." I. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, too: 05/2007 (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: 00700 - A2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (3) provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage, showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (4) obtain from each other person with whom it contracts, and provide to the CONTRACTOR: (5) (a) a certificate of coverage, prior to the other person beginning work on the Project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; (6) notify the OWNER in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage agreements will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR, which entitles the OWNER to pursue all rights and remedies available to it under the Contract, at law or in equity, if the CONTRACTOR does not remedy the breach within ten days after receipt of notice of breach from the OWNER. 05/2007 00700 - A3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 2 TO GENERAL CONDITIONS AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE In consideration of the Final Payment under that certain contract between [Contractor's Company Name] (hereafter "CONTRACTOR") and the City of Pearland (hereafter "OWNER") for the Project known as N. Main Alley Sanitary Sewer Pipe Bursting (the "Contract"), the CONTRACTOR makes the following representations to OWNER, either individually if a proprietorship, or jointly and severally by all general partners if a partnership, or if a corporation, by action of the president and secretary of said corporation, as duly authorized by appropriate action of the stockholders and/or board of directors of said corporation, their signatures hereon constituting a representation under oath by said individuals that they have the authority to execute this Agreement for and on behalf of the said corporation: 1. The undersigned CONTRACTOR represents to OWNER that the Application for Payment for the Final Payment under the Contract, and the final Change Order issued under the Contract if any, whether or not modified, corrected or changed in some way by the ENGINEER, the CONTRACTOR or the OWNER, a copy of which are attached hereto and marked Exhibit "A", are true, correct and accurate, and that CONTRACTOR has received payment in full for all other Applications for Payment submitted under the Contract, and that CONTRACTOR has been fully compensated for all labor, materials, equipment and/or services furnished in connection with the Contract, except for the Final Payment. 2. It is agreed and stipulated by the undersigned CONTRACTOR that upon the receipt of Final Payment in the amount as set out on the attached Application for Payment, the CONTRACTOR, by execution of this instrument of release, does, therefore, RELEASE and FOREVER DISCHARGE OWNER of and from all manner of debts, claims, demands, obligations, suits, liabilities and causes of action of any nature whatsoever, at law or in equity, in contract or in tort, now existing or which may hereafter accrue, arising out of or related to the Contract, any Change Orders or Work Orders, the Work, or any labor, materials, equipment or services furnished by CONTRACTOR to OWNER. 3. The CONTRACTOR, acting by and through the person or persons whose names are subscribed hereto, does solemnly swear and affirm that all bills and claims have been paid to all materialmen, suppliers, laborers, subcontractors, or other entities performing services or supplying materials or equipment, and that OWNER shall not be subject to any bills, claims, demands, litigation or suits in connection therewith. 4. It is further specifically understood and agreed that this Agreement for Final Payment and Contractor's Sworn Release shall constitute a part of the Contract, and it is also specifically understood and agreed that this Agreement shall not act as a modification, waiver or renunciation by OWNER of any of its rights or remedies as set out in the Contract itself, but this Agreement for Final Payment and Contractor's Sworn Release shall constitute a supplement thereto for the additional protection of OWNER. 05/2007 00700 - B 1 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT SIGNED and EXECUTED this, the day of , 20_. CONTRACTOR: By: Signature Print Name: Title: [If CONTRACTOR is a proprietorship, owner must sign; if a partnership, each general partner must sign; if a corporation, the following language should be used.] SIGNED and EXECUTED this, the day of 20_ by , a Texas corporation, under authority granted to the undersigned by said corporation as contained in the Charter, By -Laws or Minutes of a meeting of said corporation regularly called and held. CONTRACTOR: By: President ATTEST: Corporate Secretary (Corporate Seal) [This form is for use by either a proprietorship or a partnership. In the event CONTRACTOR is a partnership or a joint proprietorship, additional signature lines should be added for each individual.] 05/2007 00700 - B2 (sis CITYOFPEARLAND 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 cor. CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared the persons who signed and executed the above and foregoing Agreement for Final Payment 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: 07/2006 We each are the persons whose names are subscribed above, and hold respectively the offices in the corporation as set out above, and each state under oath that we have the authority to execute this Agreement for Final Payment and Contractor's Sworn Release for and on behalf of said corporation, pursuant to authority granted to us in the Charter of said corporation, the By -Laws of said corporation and/or the Minutes of said corporation; and the facts, statements and representations as set out in the instrument to which this Affidavit is attached, are true and correct. SWORN TO AND SUBSCRIBED TO before me this, the day of 20 Notary Public, State of Texas My Commission Expires: 00700 - B4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 3 TO GENERAL CONDITIONS OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR 1. Definitions. For purposes of this Agreement: 1.1 Owner Parties. "Owner Parties" means (a) the City of Pearland, its successors and assigns, and the Engineer, (b) any officers, employees, or agents of such persons or entities, and (c) others as required by the Contract Documents, if any. 1.2 Contractor. "Contractor" shall mean the vendor providing the service or work to be performed under this Agreement. 1.3 Subcontractor. "Subcontractor" shall include subcontractors of any tier. 1.4 ISO. "ISO" means Insurance Services Office. 2. Contractor Insurance Representations to Owner Parties 2.1 It is expressly understood and agreed that the insurance coverages required herein: 2.1.1 represent Owner Parties' minimum requirements and are not to be construed to void or limit the Contractor's indemnity obligations as contained in this Agreement nor represent in any manner a determination of the insurance coverages the Contractor should or should not maintain for its own protection; and 2.1.2 are being, or have been, obtained by the Contractor in support of the Contractor's liability and indemnity obligations under this Agreement. Neither the requirements as to insurance to be carried as provided for herein, the insolvency, bankruptcy or failure of any insurance company carrying insurance of the Contractor, nor the failure of any insurance company to pay claims accruing, shall be held to affect, negate or waive any of the provisions of this Agreement. 2.2 Failure to obtain and maintain the required insurance shall constitute a material breach of, and default under, this Agreement. If the Contractor shall fail to remedy such breach within five (5) business days after notice by the Owner, the Contractor will be liable for any and all costs, liabilities, damages and penalties resulting to the Owner Parties from such breach, unless a written waiver of the specific insurance requirement(s) is provided to the Contractor by the Owner. In the event of any failure by the Contractor to comply with the provisions of this Agreement, the Owner may, without in any way compromising or waiving any right or remedy at law or in equity, on notice to the Contractor, purchase such insurance, at the Contractor's expense, provided that the Owner shall have no obligation to do so and if the Owner shall do so, the Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. 10-2012 00700 - Cl (•. CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3. Conditions Affecting All Insurance Required Herein 3.1 Cost of Insurance. All insurance coverage shall be provided at the Contractor's sole expense. 3.2 Status and Rating of Insurance Company. All insurance coverage shall be written through insurance companies authorized to do business in the state in which the work is to be performed and rated no less than A-: VII in the most current edition of A. M. Best's Key Rating Guide. 3.3 Restrictive, Limiting, or Exclusionary Endorsements. All insurance coverage shall be provided to the Owner Parties in compliance with the requirements herein and shall contain no endorsements that restrict, limit, or exclude coverage required herein in any manner without the prior express written approval of the Owner. 3.4 Limits of Liability. The limits of liability may be provided by a single policy of insurance or by a combination of primary and umbrella policies, but in no event shall the total limits of liability available for any one occurrence or accident be less than the amount required herein. 3.5 Notice of Cancellation, Nonrenewal, or Material Reduction in Coverage. All insurance coverage shall contain the following express provision: In the event of cancellation, non -renewal, or material reduction in coverage affecting the certificate holder, thirty (30) days prior written notice shall be given to the certificate holder by certified mail or registered mail, return receipt requested. 3.6 Waiver of Subrogation. The Contractor hereby agrees to waive its rights of recovery from the Owner Parties with regard to all causes of property and/or liability loss and shall cause a waiver of subrogation endorsement to be provided in favor of the Owner Parties on all insurance coverage carried by the Contractor, whether required herein or not. 3.7 Deductible/Retention. Except as otherwise specified herein, no insurance required herein shall contain a deductible or self -insured retention in excess of $25,000 without prior written approval of the Owner. All deductibles and/or retentions shall be paid by, assumed by, for the account of, and at the Contractor's sole risk. The Contractor shall not be reimbursed for same. 4. Maintenance of Insurance. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required: 10-2012 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: Each Occurrence Limit $1,000,000 General Aggregate Limit $2,000,000 Product -Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 4.1.4 Required Endorsements a. Additional Insured. Additional insured status shall be provided in favor of the Owner Parties on any of the following: i. ISO form CG 20 10 11 85; or ii. ISO form CG 20 26 11 85; or iii. a combination of ISO forms CG 20 33 10 01 and CG 20 37 10 01; or iv. any form providing equivalent protection to Owner. b. Designated Construction Project(s) Aggregate Limit. The aggregate limit shall apply separately to this Agreement through use of an ISO CG 25 03 03 97 endorsement or its equivalent. c. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. d. Personal Injury Liability. The personal injury contractual liability exclusion shall be deleted. e. Primary and Non -Contributing Liability. It is the intent of the parties to this Agreement that all insurance required herein shall be primary to all insurance available to the Owner Parties. The obligations of the Contractor's insurance shall not be affected by any other insurance available to the Owner Parties and shall seek no contribution from the Owner Parties' insurance, whether primary, excess contingent, or on any other basis. The Contractor's insurance coverage shall be endorsed to provide such primary and non- contributing liability. f. Waiver of Subrogation, as required in 3.6, above. 10-2012 00700 - C3 (oft CITY OFPEARLAND GENERAL CONDITIONS OF AGREEMENT 10-2012 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 Agreement. The Contractor shall provide written representation to Owner stating Work completion date. 4.2 Auto Liability Insurance 4.2.1 Coverage. Such insurance shall cover liability arising out of any auto (including owned, hired, and non -owned). 4.2.2 Form. Business Auto form (at least as broad as an unmodified ISO CA 0001 or its equivalent). 4.2.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $1,000,000. 4.2.4 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. 4.3 Employer's Liability Insurance 4.3.1 Coverage. Employer's Liability Insurance shall be provided as follows: 4.3.2 Amount of Insurance. Coverage shall be provided with a limit of not less than: Employer's Liability: $1,000,000 each accident and each disease. 4.3.3 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. 4.4 Umbrella Liability Insurance 4.4.1 Coverage. Such insurance shall be excess over and be no less broad than all coverages described above and shall include a drop -down provision for exhaustion of underlying limits. 4.4.2 Form. This policy shall have the same inception and expiration dates as the commercial general liability insurance required above. 00700 - C4 coft\ (0"' CITYOFPEARLAND GENERAL CONDITIONS OF AGREEMENT 10-2012 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 any professional design or engineering drawing required by the work. Such insurance shall indemnify the Owner from claims arising from the negligent performance of professional services of any type, including but not limited to design or design/build services as part of the Work to be performed. 4.5.2 Form. This insurance shall include prior acts coverage sufficient to cover all services rendered by the Contractor and by its consultants under this Agreement. It is recognized that this coverage may be provided on a Claims -Made basis. 4.5.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $1,000,000. 4.5.4 Continuing Professional Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.6 Builder's Risk 4.6.1 Insureds. Insureds shall include: a. Owner, General Contactor and all Loss Payees and Mortgagees as Named Insureds; and b. subcontractors of all tiers in the Work as Additional Insureds. 00700 - C5 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.2 Covered Property. Such insurance shall cover: Form 10-2012 a. all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes and wiring, excavations, grading, backfilling or filling; b. all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) located at the site; c. all property including materials and supplies on site for installation; d. all property including materials and supplies at other locations but intended for use at the site; e. all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and f. other Work at the site identified in the Agreement to which this Exhibit is attached. a. Coverage shall be at least as broad as an unmodified ISO Special form, shall be provided on a completed -value basis, and shall be primary to any other coverage insurance available to the insured parties, with that other insurance being excess, secondary and non- contributing. b. No protective safeguard warranty shall be permitted. c. Required coverage shall further include: i. Additional expenses due to delay in completion of project (where applicable) ii. Agreed value iii. Damage arising from error, omission or deficiency in construction methods, design, specifications, workmanship or materials, including collapse iv. Debris removal additional limit v. Earthquake (where applicable) vi. Earthquake sprinkler leakage (where applicable) vii. Expediting expenses viii. Flood (where applicable) ix. Freezing x. Mechanical breakdown, including hot & cold testing (where applicable) xi. Notice of cancellation, non -renewal or $ TBD Included without sublimit Included without sublimit 25% of direct damage loss $ TBD $ TBD $ TBD $ TBD Included without sublimit Included without sublimit Included 00700 - C6 ft\ CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 10-2012 material reduction — 60 days prior written notice to each insured xii. Occupancy clause, as required in F, Included below xiii. Ordinance or law xiv. Pollutant clean-up and removal xv. Preservation of property xvi. Replacement cost xvii. Theft xviii. Waiver of subrogation as required in G, below. Included without sublimit $ TBD Included without sublimit Included Included without sublimit Included 4.6.3 Amount of Insurance. Coverage shall be provided in an amount equal at all times to the full replacement value and cost of debris removal for any single occurrence. 4.6.4 Deductibles. Deductibles shall not exceed the following: a. b. c. d. All Risks of Direct Damage, Per Occurrence, except Delayed Opening Waiting Period Flood, Per Occurrence 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 Termination of Coverage. The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed so long as such occupancy does not exceed 20% of the usable area of the property. This insurance shall be maintained in effect, unless otherwise provided for in the Contract Documents, until the earliest of the following dates: a. the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; b. the date on which fmal 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. 00700 - C7 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.6 Waiver of Subrogation. The waiver of subrogation provision shall be endorsed as follows: a. A waiver of subrogation shall be provided in favor of all insureds. b. The waiver of subrogation provisions shall be endorsed as follows: 5. Intentionally left blank. 6. Evidence of Insurance 10-2012 Should a covered loss be subrogated, either in whole or in part, your rights to any recovery will come first, and we will be entitled to a recovery only after you have been fully compensated for the loss. 6.1 Provision of Evidence. Evidence of the insurance coverage required to be maintained by the Contractor, represented by certificates of insurance, evidence of insurance, and endorsements issued by the insurance company or its legal agent, and must be furnished to the Owner prior to commencement of Work and not later than fifteen (15) days after receipt of this Agreement. New certificates of insurance, evidence of insurance, and endorsements shall be provided to the Owner prior to the termination date of the current certificates of insurance, evidence of insurance, and endorsements. 6.2 Form 6.2.1 All property insurance required herein shall be evidenced by ACORD form 28, "Evidence of Property Insurance". 6.2.2 All liability insurance required herein shall be evidenced by ACORD form 25, "Certificate of Insurance". 6.3 Specifications. Such certificates of insurance, evidence of insurance, and endorsements shall specify: 6.3.1 The Owner as a certificate holder with correct mailing address. 6.3.2 Insured's name, which must match that on this Agreement. 6.3.3 Insurance companies affording each coverage, policy number of each coverage, policy dates of each coverage, all coverages and limits described herein, and signature of authorized representative of insurance company. 6.3.4 Producer of the certificate with correct address and phone number listed. 6.3.5 Additional insured status required herein. 6.3.6 Amount of any deductibles and/or retentions. 6.3.7 Cancellation, non -renewal and material reduction in coverage notification as required by this Agreement. Additionally, the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon Company, it agents or representatives" shall be deleted from the cancellation provision of the ACORD 25 certificate of insurance form. 00700 - C8 CITYOFPEARLAND GENERAL CONDITIONS OF AGREEMENT 6.3.8 Designated Construction Project Aggregate Limits required herein. 6.3.9 Personal Injury contractual liability required herein. 6.3.10 Primary and non-contributing status required herein. 6.3.11 Waivers of subrogation required herein. 6.4 Required Endorsements. A copy of each of the required endorsements shall also be provided. 6.5 Failure to Obtain. Failure of any Owner Party to demand such certificate or other evidence of full compliance with these insurance requirements or failure of any Owner Party to identify a deficiency from evidence that is provided shall not be construed as a waiver of the Contractor's obligation to maintain such insurance. 6.6 Certified Copies. Upon request of any Owner Party, the Contractor shall provide to the Owner a certified copy of all insurance policies required herein within ten (10) days of any such request. Renewal policies, if necessary, shall be delivered to the Owner prior to the expiration of the previous policy. 6.7 Commencement of Work. Commencement of Work without provision of the required certificate of insurance, evidence of insurance and/or required endorsements, or without compliance with any other provision of this Agreement, shall not constitute a waiver by any Owner Party of any rights. The Owner shall have the right, but not the obligation, of prohibiting the Contractor or any subcontractor from performing any Work until such certificate of insurance, evidence of insurance and/or required endorsements are received and approved by the Owner. 7. Insurance Requirements of Contractor's Subcontractors 7.1 Insurance similar to that required of the Contractor shall be provided by all subcontractors (or provided by the Contractor on behalf of subcontractors) to cover operations performed under any subcontract agreement. The Contractor shall be held responsible for any modification in these insurance requirements as they apply to subcontractors. The Contractor shall maintain certificates of insurance from all subcontractors containing provisions similar to those listed herein (modified to recognize that the certificate is from subcontractor) enumerating, among other things, the waivers of subrogation, additional insured status, and primary liability as required herein, and make them available to the Owner upon request. 7.2 The Contractor is fully responsible for loss and damage to its property on the site, including tools and equipment, and shall take necessary precautions to prevent damage to or vandalism, theft, burglary, pilferage and unexplained disappearance of property. Any insurance covering the Contractor's or its subcontractor's property shall be the Contractor's and its subcontractor's sole and complete means or recovery for any such loss. To the extent any loss is not covered by said insurance or subject to any deductible or co-insurance, the Contractor shall not be reimbursed for same. Should the Contractor or its subcontractors choose to self insure this risk, it is expressly agreed that the Contractor hereby waives, and shall cause its 10-2012 00700 - C9 (oh (aft% CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT subcontractors to waive, any claim for damage or loss to said property in favor of the Owner Parties. 8. Use of the Owner's Equipment. The Contractor, its agents, employees, subcontractors or suppliers shall use the Owner's equipment only with express written permission of the Owner's designated representative and in accordance with the Owner's terms and condition for such use. If the Contractor or any of its agents, employees, subcontractors or suppliers utilize any of the Owner's equipment for any purpose, including machinery, tools, scaffolding, hoists, lifts or similar items owned, leased or under the control of the Owner, the Contractor shall defend, indemnify and be liable to the Owner Parties for any and all loss or damage which may arise from such use. 9. Release and Waiver. The Contractor hereby releases, and shall cause its subcontractors to release, the Owner Parties from any and all claims or causes of action whatsoever which the Contractor and/or its subcontractors might otherwise now or hereafter possess resulting in or from or in any way connected with any loss covered by insurance, whether required herein or not, or which should have been covered by insurance required herein, including the deductible and/or uninsured portion thereof, maintained and/or required to be maintained by the Contractor and/or its subcontractors pursuant to this Agreement. 10-2012 00700 - C10 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT Section 00800 SPECIAL CONDITIONS OF AGREEMENT The following Special Conditions modify the General Conditions, Document 00700. Where a portion of the General Conditions is modified or deleted by these Special Conditions, the unaltered portions of the General Conditions shall remain in effect. 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: Rajendra Shrestha telephone: 281.635.7081 The CONSTRUCTION INSPECTORS are: Jamie Dino telephone: 713-775-0009 and John Hines telephone: 281-924-8290 ARTICLE 4 RIGHTS AND RESPONSIBILITIES 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 Not Required for this project. ARTICLE 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 rain days per year, proportionate 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 for use by the OWNER'S representative or CONSTRUCTION MANAGER. BIDDER is Not Required to 2-24-12 00800 - 1 of 2 CITYOFPEARLAND SPECIAL CONDITIONS OF AGREEMENT provide this equipment or include this cost in the Bid. See Section 13730 for full details regarding this computer equipment. Section 01500 Temporary Facilities requires CONTRACTOR to provide high speed internet access in the Field Office. BIDDER is Not Required to provide either a Field Office or any internet access for this project. All other requirements remain and will be required per the section. 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. Special Notes: • Specification Section 01505 for mobilization has been revised to reflect the need of the project. • Project Sign is not required for this project. • Existing 8 inch sanitary sewer line pass underneath the existing metal building in the northern end of the project approximately from right-of-way line of Orange St. to 150 linear feet south. It is the contractor's responsibility to make sure that there will be no damage to the existing metal building and bear the associated cost in case of damage caused by the construction. Special Requirements: • Inspection sheet and observation sheets are included in the project manual to provide the approximate location of laterals/leads and associated problems with the existing sanitary sewer pipe. • It is contractor's responsibility to physically locate the sanitary sewer line, sanitary sewer laterals, sanitary sewer manholes, cleanouts etc so as to install and re -connect services as necessary. END OF SECTION 2-24-12 00800 - 2 of 2 CITYOFPEARLAND 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 rates shown in Table 00811-A following to be the general prevailing rates in the locality in which the work is being performed. 1.02 This prevailing wage rate does not prohibit the payment of more than the rates stated. 1.03 The wage scale for engineering construction is to be applied to all site work greater than five (5) feet from an exterior wall of new building under construction or from an exterior wall of an existing building. 10-2012 00811 - 1 of 4 CITYOFPEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION General Decision Number: TX130044 03/29/2013 TX44 Superseded General Decision Number: TX20120044 State: Texas Construction Type: Heavy County: Brazoria County in Texas. HEAVY CONSTRUCTION PROJECTS (Including Water and Sewer Lines (Does Not Include Flood Control) Modification Number Publication Date 0 01/04/2013 1 03/29/2013 SFTX0669-001 01/01/2013 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) $ 25.84 16.62 SUTX2005-018 05/18/2005 Rates Fringes Carperter $ 14.38 0.00 CEMENT MASON/CONCRETE FINISHER$ 11.37 1.13 ELECTRICIAN $ 18.40 1.34 Formbuilder/Formsetter $ 9.83 1.69 IRONWORKER, REINFORCING $ 11.29 0.00 Laborers: Common $ 8.99 1.25 Landscape $ 7.35 0.00 Mason Tender Cement $ 9.96 0.00 Pipelayer $ 9.63 1.50 PIPEFITTER $ 17.00 0.04 POWER EQUIPMENT OPERATOR: Backhoe $ 12.74 0.00 Bulldozer $ 12.46 0.00 Crane $ 11.00 0.74 Excavator $ 16.74 0.00 Front End Loader $ 10.47 1.28 Grader $ 12.20 1.48 Tractor $ 11.29 1.45 TRUCK DRIVER $ 14.42 1.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. unlisted classifications needed for work not included within the scope of the classifications listed may be added after 10-2012 00811 - 2 of 4 CITYOFPEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non -union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "Su" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four -digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non -Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non -union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union majority rates, LA indicates the state of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: • an existing published wage determination * a survey underlying a wage determination * a wage and Hour Division letter setting forth a position on 10-2012 00811-3of4 cw (0. CITYOFPEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the wage and Hour Regional Office for the area in which the survey was conducted because those Regional offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: wage and Hour Administrator u.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. 10-2012 END OF GENERAL DECISION 00811 - 4 of 4 r.. 05/2008 CITY OF PEARLAND SUMMARY OF WORK 05/2008 Section 01100 SUMMARY OF WORK 1.0 GENERAL 1.01 SECTION INCLUDES 01100-1of2 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 approximately 1280 linear feet of 8 inch sanitary sewer pipe bursting between Orange Street and Jasmine Street located approximately 200 feet east of SH 35. The project will include rehabilitation of two sanitary sewer manhole, construction of one new sanitary sewer manhole along with reconnection of sanitary sewer service leads to existing system. 1.03 WORK BY OWNER A Not Applicable 1.04 OWNER FURNISHED PRODUCTS A Not Applicable. 1.05 WORK SEQUENCE A Contractor shall submit a work sequence to the Engineer and Owner for approval. B Contractor shall note that no diversion pumping piping shall be permitted to cross any roadway. All sequencing shall ensure that no loss of service will be experienced. C Contractor to submit project schedule to Engineer & Owner for approval as specified in Section 01300 — Submittals. D Contractor shall coordinate the Work with the Engineer and Owner as specified in Section 01040 - Coordination and Meetings. 1.06 FUTURE WORK A Not Applicable. 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 01140 - Contractor's Use of Premises. CITY OF PEARLAND SUMMARY OF WORK Moo- 1of2 tIv-) R-\ CITY OF PEARLAND SUMMARY OF WORK 05/2008 01100 - 2 of 2 B Contractor shall be responsible for all utilities required for construction. 1.08 OWNER OCCUPANCY A Cooperate with the Owner to minimize conflict, and to facilitate the Owner's operations. Coordinate Contractor's activities with Engineer. B Schedule Work to accommodate this requirement. 2.0 PRODUCTS-NotUsed 3.0 EXECUTION-NotUsed END OF SECTION CITY OF PEARLAND SUMMARY OF WORK 05/2008 01100-2of2 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: 1 Section 01350 — Submittals 2 Section 01730 — Cutting & Patching 3 Section 01555 — Traffic Control & Regulation 4 Section 01562 — Waste Material Disposal 5 Section 01720 — Field Surveying 6 Section 02980 — Pavement Repair 7 Section 02770 — Curbs, Curb & Gutter, & Headers 8 Section 02255 — Bedding, Backfill, & Embankment Materials 9 Section 02922 — Sodding 10 Section 02921 — Hydromulch Seeding 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 LIMITS OF CONSTRUCTION 02/2008 A Confine access, operations, and storage areas to limits of construction as shown on the Plans provided by Owner as stipulated in Section 00700 — General Conditions of Agreement; trespassing on abutting lands or other lands in the area is not allowed. B Contractor may make arrangements, at Contractor's cost, for temporary use of private properties, in which case Contractor and Contractor's surety shall indemnify and hold harmless the Owner against claims or demands arising from such use of properties outside of the limits of construction. 1. Improvements to private properties made for the Contractor's use must be removed upon completion of the Work. a. No fill material may be placed in temporary work areas or on adjacent private properties without the written permission of the Engineer or the issuance of a Fill Permit by the City of Pearland or other governing entity. C Restrict total length which materials may be distributed along the route of the construction at any one time to 1,000 linear feet unless otherwise approved by Engineer. 01140-1of4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES 1.04 PROPERTIES OUTSIDE OF LIMITS OF CONSTRUCTION A Altering the condition of properties adjacent to and along the limits of construction will not be permitted unless authorized by the Engineer and property owner(s). B Means, methods, techniques, sequences, or procedures which will result in damage to properties or improvements in the vicinity outside of the limits of construction will not be permitted. C Any damage to properties outside of the limits of construction shall be repaired or replaced to the satisfaction of the Engineer and at no cost to the Owner. D Contractor shall protect or replace all property corners, monuments or other demarcations disturbed, damaged or lost as a result of his activities. The replacement of these devices shall be properly documented to the satisfaction of the City by a Registered Public Land Surveyor with copies delivered to the Owner or private property owner. 1.05 USE OF SITE A Obtain approvals of governing authorities prior to impeding or closing public roads or streets. Do not close consecutive intersections simultaneously B Notify Engineer 48 hours prior to closing a street or a street crossing. Permits for street closures are required in advance and are the responsibility of the Contractor. C Maintain access for emergency vehicles including access to fire hydrants. D Avoid obstructing drainage ditches or inlets; when obstruction is unavoidable due to requirements of the Work, provide grading and temporary drainage structures to maintain unimpeded flow. E Locate and protect private lawn sprinkler systems which may exist on rights -of -ways within the Project Site. Repair or replace damaged systems to condition equal to or better than that existing at start of the Work. F When required by the Work, cutting, patching, and fitting of Work to existing facilities, accommodating installation or connection of Work with existing facilities, or uncovering Work for access, inspection, or testing shall be performed in accordance with Section 01730 — Cutting & Patching. G Fires are not permitted on the Project Site. 1.06 NOTIFICATION TO ADJACENT OCCUPANTS 02/2008 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. 01140 - 2 of 4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES B Include in notification names and telephone numbers of two representatives for resident contact, who will be available on 24-hour call. Include precautions which will be taken to protect private property and identify potential access or utility inconvenience or disruption. C Submit proposed notification to Engineer for approval. Consideration shall be given to the ethnicity of the neighborhood where English is not the dominant language. Notice shall be in an understandable language. 1.07 EXCAVATION IN STREETS AND DRIVEWAYS A Avoid hindering or needlessly inconveniencing public travel on a street or any intersecting alley or street for more than two blocks at any one time, except by permission of the Engineer. B Obtain the Engineer's approval when the nature of the Work requires closing of an entire street. Permits required for street closure are the Contractor's responsibility. Avoid unnecessary inconvenience to abutting property owners. C Remove surplus materials and debris and open 1000 feet or less for public use as work in that block is complete. D Acceptance of any portion of the Work will not be based on return of street to public use. E Avoid obstructing driveways or entrances to private property. F Provide temporary crossing or complete the excavation and backfill in one continuous operation to minimize the duration of obstruction when excavation is required across drives or entrances. G Provide barricades and signs in accordance with Section 01555 — Traffic Control & Regulation. 1.08 CLEAN-UP A Maintain Project Site in a neat and orderly manner. B Perform daily clean-up in and around construction zone of dirt, debris, scrap materials, other disposable items. 02/2008 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. 01140-3of4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES 1.09 RESTORATION A Restore damaged permanent facilities to pre -construction conditions unless replacement or abandonment, of facilities is indicated on the Plans. B Repair/Replace removed or damaged pavement in accordance with Section 02980 — Pavement Repair and removed or damaged curbs, gutters, and headers in accordance with Section 02770 — Curbs, Curb & Gutter, & Headers. Repair/Replace with like materials to match existing style, lines, grades, etc., unless otherwise directed by Engineer. C Repair turf areas which become damaged by Contractor's operations at no additional cost to Owner. Level with bank sand or topsoil, conforming to Section 02255 — Bedding, Backfill, & Embankment Materials, as approved by the Engineer. Provide sodding in areas of residential land use over the surface of ground disturbed during construction and not paved, or not designated to be paved, in accordance with Section 02922 — Sodding. Use only block sodding; do not use spot sodding or sprigging Provide hydromulch seeding in areas of commercial, industrial or undeveloped land use over the surface of ground disturbed during construction and not paved, or not designated to be paved, in accordance with Section 02921 — Hydromulch Seeding. Water and level newly sodded areas with adjoining turf using steel wheel rollers appropriate for sodding. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01140-4 of 4 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES Section 01200 MEASUREMENT AND PAYMENT PROCEDURES 1.0 GENERAL 1.01 SECTION INCLUDES A Procedures for measurement and payment of Work. B Conditions for nonconformance assessment and nonpayment for rejected products. C References to Technical Specifications: See Bid Proposal Sheet D Reference Standards: 1. Concrete Reinforcing Steel Institute (CRSI) 2. American Institute of Steel Construction (AISC) 1.02 AUTHORITY A Units and methods delineated in this Section are intended to complement the criteria of the Technical Specifications and Section 00300 — Bid Proposal. B In the event of conflict, the unit specified for Bid Items in Section 00300 — Bid Proposal shall govern. C Measurements and quantities submitted by the Contractor will be verified by the Engineer. D Contractor shall provide necessary equipment, workers, and survey personnel as required by Engineer to verify quantities. 1.03 UNIT QUANTITIES SPECIFIED A Quantity and measurement estimates stated in Section 00300 — Bid Proposal are for contract purposes only. Quantities and measurements supplied or placed in the Work, authorized and verified by Engineer shall determine payment as stated in Section 00700 — General Conditions of Agreement. B If the actual Work requires greater or lesser quantities than those quantities indicated in Section 00300 — Bid Proposal, provide the required quantities at the unit prices contracted except as otherwise stated in Section 00700 — General Conditions of Agreement or in executed Change Order. 1.04 MEASUREMENT OF QUANTITIES A Measurement by Weight: Reinforcing steel, rolled or formed steel or other metal shapes will be measured by CRSI or AISC Manual of Steel Construction weights. Welded assemblies will be measured by CRSI or AISC Manual of Steel Construction or scale weights. 05/2007 01200 - 1 of 3 CITY OF PEARLAND PARTIAL WAIVER OF LIEN Section 00615 PARTIAL WAIVER OF LIEN AND PAYMENT AFFIDAVIT The undersigned contracted with City of Pearland to furnish connection with certain improvements to real property located in the City of Pearland, TX and owned by the City of Pearland which improvements are described as follows: in In consideration of Pay Estimate No. in the amount of $ the undersigned, on oath, states that all persons and firms who supplied labor and materials to the undersigned in connection with said Project will be fully paid within 30 days of the date of this document 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 Subscribed and sworn to, before me, this My Commission Expires: Signature Printed Name & Title Company Name day of , 20 Notary Public 5-12-12 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT TABLE OF CONTENTS Page No. 1.0 DEFINITIONS AND INTERPRETATIONS 1 1.01 Owner, Contractor and Engineer 1.02 Contract Documents 1.03 Subcontractor 1.04 Written Notice 1.05 Work 1.06 Extra Work 1.07 Work Day 1.07-1 Rain Day 1.07-2 Impact Day 1.08 Calendar Day 1.09 Substantially Completed 1.10 Interpretation of Words and Phrases 1.11 Referenced Standards 1.12 Contract Time 1.13 Construction Inspector 1.14 Balancing Change Order 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 4 2.01 No Warranty of Design 2.02 Right of Entry 2.03 Ownership of Plans 10-2012 00700 - i CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 2.04 Changes and Alterations 2.05 Damages 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 6 3.01 Owner -Engineer Relationship 3.02 Keeping of Plans and Specifications Accessible 3.03 Preliminary Approval 3.04 Inspection by Engineer 3.05 Determination of Questions and Disputes 3.06 Recommendation of Payment 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 8 4.01 Independent Contractor 4.02 Contractor's Understanding 4.03 Laws and Ordinances 4.04 Assignment and Subletting 4.05 Performance and Payment Bonds [and Maintenance Bond] 4.06 Insurance 4.07 Permits and Fees 4.08 Texas State Sales Tax 4.09 Contractor's Duty and Superintendence 4.10 Character of Workers 4.11 Labor, Equipment, Materials, Construction Plant and Buildings 4.12 Sanitation 4.13 Cleaning and Maintenance 4.14 Performance of Work 4.15 Right of Owner to Accelerate the Work 10-2012 00700 - ii CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.16 Layout of Work 4.17 Shop Drawings 4.18 Engineer -Contractor Relationship; Observations 4.19 Observation and Testing 4.20 Defects and Their Remedies 4.21 Liability for Proper Performance 4.22 Protection Against Accident To Employees and the Public 4.23 Protection of Adjoining Property 4.24 Protection against Claims of Subcontractors, Laborers, Materialmen, and Furnishers of Equipment, Machinery and Supplies 4.25 Protection Against Royalties or Patented Invention 4.26 Indemnification 4.27 Losses From Natural Causes 4.28 Guarantee 5.0 PROSECUTION AND PROGRESS 5.01 Time and Order of Completion 5.02 Extension of Time 5.03 Hindrances and Delays 5.04 Suspension of Work 5.05 Liquidated Damages for Delay 5.06 Change of Contract Time 5.07 Delays Beyond Owner's and Contractor's Control 6.0 MEASUREMENT AND PAYMENT 6.01 Discrepancies and Omissions 6.02 Quantities and Measurements 10-2012 18 21 00700 - iii CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.03 Estimated Quantities 6.04 Price of Work 6.05 Payments 6.06 Partial Payments 6.07 Use of Completed Portions & Punchlist 6.08 Substantial Completion 6.08-1 6.09 Final Payment 6.10 Correction of Work Before Final Payment 6.11 Correction of Work After Final Payment 6.12 Payments Withheld 6.13 Delayed Payments 7.0 EXTRA WORK AND CLAIMS 27 7.01 Differing Site Conditions 7.02 Change Orders 7.03 Change Orders 7.04 Request for Work Approval for Work on Non -Work Days 7.05 Minor Changes 7.06 Extra Work 7.07 Time of Filing Claims 8.0 DEFAULT 30 8.01 Default by Contractor 8.02 Supplementation of Contractor Forces 8.03 Cumulative Remedies & Specific Performance 8.04 Cross -Default 10-2012 00700 - iv CITYOFPEARLAND GENERAL CONDITIONS OF AGREEMENT 8.05 Insolvency 8.06 Contingent Assignment 8.07 Waiver of Consequential Damages 8.08 Termination for Convenience 8.09 Default by Owner 9.0 DISPUTE RESOLUTION 35 ATTACHMENT NO. 1: WORKERS' COMPENSATION INSURANCE COVERAGE Al ATTACHMENT NO. 2: AGREEMENT FOR FINAL PAYMENT AND CON I RACTOR' S SWORN RELEASE B1 ATTACHMENT NO. 3: OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR Cl 10-2012 00700 - v CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT 1.0 DEFINITIONS AND INTERPRETATIONS 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement. The term ENGINEER as used in these General Conditions shall refer to the Engineer or Architect identified in the Agreement, as applicable, and means a person authorized to act as a representative of the entity designated by the OWNER to provide professional services required in connection with the preparation of plans and specifications of this Contract. The term CONSTRUCTION MANAGER as used in these General Conditions shall refer to the Construction Manager identified in the Agreement, as applicable, and means a person authorized to act as representative of the entity designated by the OWNER to provide professional services required in connection with the performance of the work of this Contract. The Owner's representative on the project site shall be the CONSTRUCTION MANAGER or ENGINEER as designated. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of all of the documents identified in Article 8 of the Standard Form of Agreement, which documents, excluding such documents as may be delivered or issued after the Effective Date of the Agreement, as referenced in Article 8, shall be bound together in a Project Manual for the Work. All references to the "Contract" or the "Agreement" in these General Conditions of Agreement shall include the Contract Documents. The Contract Documents are complementary, and what is required by one shall be binding as if required by all. In the event of any conflict among the Contract Documents, the Contract Documents shall govern in the following order: (1) Modifications in writing and signed by both parties, including any Change Orders; (2) Standard Form of Agreement; (3) Special Conditions of Agreement; (4) General Conditions of Agreement, including Attachment No. 1 — Workers' Compensation Insurance Coverage, Attachment No. 2 — Agreement for Final Payment and CONTRACTOR'S Sworn Release, and Attachment No. 3 — Owner's Insurance Requirements of Contractor; (5) (6) (7) (8) 10-1012 Addenda, if any; Plans and Specifications referenced or included in the Project Manual; Instructions to Bidders; Bid Proposal; and 00700 - 1 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (9) Exhibits: The following Exhibits, if any, attached hereto, are incorporated herein, and are a part of this Contract: In the event a conflict or inconsistency remains between or within the Contract Documents, or the Contract Documents and applicable standards, codes and ordinances, CONTRACTOR shall provide the greater quantity or better quality, or CONTRACTOR shall comply with the more stringent requirements, as determined by ENGINEER. Terms or phrases used in the Contract Documents with a well-known technical or construction industry meaning shall have such recognized meanings. References to standards, specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, shall mean the latest in effect on the effective date of the Contract, unless otherwise stated in the Contract Documents. 1 .03 SUBCONTRACTOR. The term "subcontractor", as employed herein, includes those entities having a contract with the CONTRACTOR or a subcontractor for performance of work on the Project. OWNER shall have no responsibility to any subcontractor for performance of work on the Project contemplated by these Contract Documents, and any such subcontractor shall look exclusively to CONTRACTOR for any payments due subcontractor. 1.04 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person or by electronic means through the Pro-Trak to the individual or to a partner of the partnership or joint venture, or to an officer of the corporation or company for whom it is intended, or if delivered at or sent by Certified Mail, Return Receipt Requested, to the last known business address or registered office of such individual, partnership, joint venture or corporation or company, or to the address for giving notices listed in the Standard Form of Agreement. 1.05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and all other facilities or services of any nature whatsoever necessary for the execution and completion of the Work described in the Standard Form of Agreement. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The CONTRACTOR shall, if required by the ENGINEER as representative of the OWNER, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well-known, technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials shall be furnished in strict conformity with the Contract Documents. 1.06 EXTRA WORK. The term "Extra Work", as used in this Contract, shall be understood to mean and include all work that may be required by the ENGINEER as representative of the OWNER, to be performed by the CONTRACTOR to accomplish any change, alteration or addition to the work shown in the plans. Extra work shall be authorized in writing by the ENGINEER prior to commencement. Extra Work items are paid for on an as needed, as authorized basis only. 1.07 WORK DAY: As used herein, a "Work Day" is defined as any Monday through Friday, not a legal holiday, and any Saturday or Sunday specifically approved by the OWNER, in which the CONTRACTOR can perform six or more hours of work per the current construction schedule. CONTRACTOR agrees to request specific approval from the Construction Manager or 10-1012 00700 - 2 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Owner, in advance, to perform work on Saturdays or Sundays and in so doing agrees to pay all charges and costs for Inspection and or Construction Management services required during the performance of any such approved work. Refer to paragraph 7.05 for procedure to determine cost for Construction Management and Inspection Services for work on non -work days. 1.07-1 RAIN DAY: As used herein, is defined as any WORK DAY during which weather related conditions prevent the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items as identified in the current construction schedule. CONTRACTOR shall record Rain Days on the Pay Application each month for the review and possible approval by the OWNER. The approved Rain Day is then added to the Contract Time. (See 1.12 Contract Time below) 1.07-2 IMPACT DAY: As used herein, is a day that is added to the CONTRACT TIME by the OWNER by Change Order to extend the Contract Time by one full Work Day. (See 1.12 Contract Time below) Impact Days, once approved by the OWNER, shall extend the Contract Time on a one-to-one basis to replace a Work Day lost to conditions that prevented the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items. Impact Days are added to the Contract Time by Change Order only at the end of the work and then only if, in the opinion of the OWNER, a time extension is warranted due to delays beyond the control of the Contractor and required to complete the work within the Contract Time. 1.08 CALENDAR DAY. A "calendar day" is any day of the week, month or year no days being excepted. Unless otherwise expressly provided, all references to "day(s)" shall mean calendar day(s). 1 .09 SUBSTANTIALLY COMPLETED: The terms "Substantially Completed", or "Substantially Complete" or "Substantial Completion" as used in this Contract, shall mean that all major process components of the facility or work have been made suitable for use or occupancy, including appropriate documentation from the equipment suppliers that all of the individual components have been installed in accordance with the specifications and manufacturer's recommendations, the installations have been approved by the ENGINEER and the items have met the start-up and testing requirements of the contract documents or is deemed to be in a condition to serve its intended purpose or requires only minor miscellaneous work and adjustment to achieve Final Completion and Acceptance as determined by the ENGINEER. Upon compliance with the above referenced criteria, ENGINEER shall issue a Certificate of Substantial Completion. PARTIAL SUBSTANTIAL COMPLETION: designation will be given on components of the Work that must be placed into service prior to the completion of the entire Work. The contractor's One Year Warranty period for these items shall begin on the date of Partial Substantial Completion as designated by the ENGINEER. The ENGINEER shall determine and make all such designations. 1.10 INTERPRETATION OF WORDS AND PHRASES. Whenever the words "directed", "permitted", "designated", "required", "ordered", "considered necessary", "prescribed" or words of like import are used, it shall be understood that the direction, requirement, permission, order, opinion designation or prescription of the ENGINEER as the OWNER's representative is intended. Similarly, the words "approved", "acceptable", "satisfactory" or words of like import shall mean that no exception is taken by ENGINEER, but does not relieve CONTRACTOR of responsibility for compliance with the Contract Documents. 10-1012 00700 - 3 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Whenever in the Specifications or Plans of the Contract Documents, the terms of description of various qualities relative to finish, workmanship or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the ENGINEER as the OWNER's representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms or clauses defining the character of the work. 1.11 REFERENCED STANDARDS. No provision of any referenced standard specification, or manual shall be effective to change the duties and responsibilities of the Owner, Engineer, Contractor, or their consultants, employees, or representatives from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer or its consultants, employees, or representatives any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibilities contrary to provisions of the Contract Documents. 1.12 CONTRACT TIME The term Contract Time as used herein, refers to the number of Calendar days provided to complete the work or the date, stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with Paragraph 6.09 and as modified as a result of any authorized Extensions. The established Contract Time includes 40 Rain Days per year, based on the average number of rain days per year for the period of June 1898 to December 1996 as recorded by the Alvin Weather Center Record. The Contract Time shall only be extended by (a) the addition of Rain Days equal to the number of actual Rain Days in excess of 40 days per year and (b) the number of Impact Days granted for delays, in the opinion of the Owner, beyond the control of the Contractor. The extension of the Contract Time shall be the CONTRACTOR's sole and exclusive remedy for delays. 1.13 CONSTRUCTION INSPECTOR The term "Construction Inspector" here in includes those professionals engaged by the OWNER to ensure CONTRACT work's compliance with the specifications and any applicable statutory requirements. 1.14 BALANCING CHANGE ORDER is a change order executed during the close-out process that may add/remove pay items, or adjust quantities of existing items or remove unused pay items or quantities Balancing Change Orders are used to reconcile the unit cost of the work performed or installed by the Contractor. 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 2.01 NO WARRANTY OF DESIGN. It is understood that the OWNER MAKES NO WARRANTY OF THE ADEQUACY, ACCURACY OR SUFFICIENCY OF THE PLANS AND SPECIFICATIONS OR ANY OTHER DESIGN DOCUMENTS, AND OWNER HEREBY EXPRESSLY DISCLAIMS ANY SUCH WARRANTY, EXPRESSED OR IMPLIED. Prior to commencing each portion of the Work, CONTRACTOR shall carefully study and compare the relevant Contract Documents, shall observe conditions at the site affecting the Work, and shall take field measurements of existing conditions related to the Work. Any errors, omissions or 10-1012 00700 - 4 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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. Work performed prior to a Request for Information shall be at the Contractor's risk. If CONTRACTOR fails to perform its obligations under this paragraph, CONTRACTOR shall pay such costs and damages to OWNER as would have been avoided if CONTRACTOR had reported any errors, omissions, inconsistencies or variances in the Contract Documents noted by CONTRACTOR or which should have been noted by a careful study of the Contract Documents. CONTRACTOR shall comply with the Contract Documents, all approved modifications thereof and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the requirements of the Contract Documents and approved modifications thereof and all approved additions and alterations, thereto, as the same shall have been interpreted by the ENGINEER. 2.02 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on which the work herein contracted for is to be performed, constructed or installed, for itself or such agent or agents as it may select, for the purpose of inspecting the work, or for the purpose of performing, constructing or installing such collateral work as the OWNER may desire. The OWNER shall have the right to make inspections at all reasonable times, and the CONTRACTOR hereby waives any claims for extension of time and/or compensation for any loss or damage if his work shall be delayed by reason of such inspection, performance, construction or installation of collateral work. 2.03 OWNERSHIP OF PLANS. All plans, specifications and copies thereof furnished by the OWNER shall not be reused on other work and, with the exception of the sets forming the part of the signed Contract Documents, are to be returned to the OWNER on request at the completion of the Work. All plans and models are the property of the OWNER. 2.04 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the Owner may make such changes and alterations, additions and deletions as the OWNER may see fit, in the Work, including but not limited to changes in line, grade, form, dimensions, plans or specifications for the Work herein contemplated, or any part thereof, either before or after the beginning of construction, without affecting the validity of this Contract and the corresponding Performance and Payment Bonds. If such changes or alterations or deletions diminish the quantity or the value of the Work to be done, they shall not constitute the basis for a claim for compensation or damages, including lost or anticipated profits on the Work that may be affected. If the amount of Work is increased and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this Contract, otherwise, such additional work shall be paid for as provided under Article 7 hereof for Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any Work already done or material already furnished or used in said Work, then the OWNER shall compensate the CONTRACTOR for any material or labor so used and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the Work as originally planned. 2.05 DAMAGES. In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake or default of the CONTRACTOR, or should the 10-1012 00700 - 5 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 3.01 OWNER -ENGINEER RELATIONSHIP. The ENGINEER shall serve as the OWNER'S representative during construction. The duties, responsibilities and limitations on the authority of the ENGINEER as the OWNER's representative during construction are set forth in the Contract Documents; and the ENGINEER shall not have authority to extend the OWNER's liability or to bind the OWNER for any additional liability of any nature whatsoever without the written consent of the OWNER. Any communications by the OWNER to the CONTRACTOR regarding the Work shall be issued through the ENGINEER. It is the intent of this Agreement that there shall be no delay in the execution of the Work; therefore, written decisions or directions rendered by the ENGINEER as the OWNER's representative shall be promptly carried out, and any claim arising therefrom shall be resolved as provided in Article 7. Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the OWNER'S representative shall have the authority to issue written stop work orders whenever such stoppage may be necessary to insure the performance of the Work in accordance with the Contract Documents. 3.02 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with four (4) copies of all Plans and Specifications without expense to the CONTRACTOR, and the CONTRACTOR shall keep one full size copy of the same constantly accessible on the job site, with the latest revisions noted thereon. The CONTRACTOR shall be responsible for preserving the Plans and Specifications, timely and accurately updated, for reference and review by the OWNER or the ENGINEER and submittal of redlines during closeout. 3.03 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the obligations imposed under this Contract for the furnishing by the CONTRACTOR of new material of good quality, and for good and workmanlike performance of the Work as herein described, and in full accordance with the Contract Documents, without alteration, deletion or change. No failure or omission of the OWNER'S representative to discover, object to or condemn any non -conforming or defective work or material, or to stop work, shall release the CONTRACTOR from the obligation to fully and properly perform the Contract, including without limitation, the obligation to at once remove and properly replace any defective work or material at any time prior to final acceptance, upon discovery of such non -conforming or defective work or material. Any questioned Work may be ordered taken up or removed for inspection by the ENGINEER prior to final acceptance, and if found not to be in accordance with the Contract Documents, all expense of removing, inspection and repair or replacement shall be borne by the CONTRACTOR; otherwise the expense thus incurred shall be allowed as Extra Work and shall be paid for by the OWNER, provided that where inspection or approval is specifically required by the Specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior inspection or approval, he shall bear all expense of taking up, removing and replacing this work if so directed by the ENGINEER. 10-1012 00700 - 6 of 36 ft% CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3.04 INSPECTION BY ENGINEER. The ENGINEER will 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 /or engineering requirements of the Contract Documents, and is in all other respects being performed in compliance with the Contract Documents. However, the ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on -site inspections to check the quality and/or quantity of the work, nor shall the ENGINEER be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident to the Work being performed or any part thereof. The ENGINEER shall use reasonable care to prevent deviation from the intent and substance of the Contract Documents by the CONTRACTOR in the performance of the Work and any part thereof and, on the basis of such on -site observations, will keep the OWNER informed of the progress of the work and will endeavor to guard the OWNER against defects and deficiencies in the Work of the CONTRACTOR. Notwithstanding any other provision of this Agreement or any other Contract Document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractors, agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the Work. 3.05 DETERMINATION OF QUESTIONS AND DISPUTES. In order to prevent delays and disputes and to discourage litigation, it is agreed that the ENGINEER shall, in all cases, determine the quantities and qualities of the several kinds of Work, which are to be paid for under this Contract. The ENGINEER shall address 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. 10-1012 00700 - 7 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4.01 INDEPENDENT CONTRACTOR. CONTRACTOR is, and shall remain, an independent contractor, solely responsible for the manner and method of completing the Work under this Contract, with full and exclusive power and authority to direct, supervise and control his own employees and to determine the means, method and manner of performing such Work, so long as such methods comply with the requirements of the Contract Documents, and do not adversely affect the completed improvements or any other property abutting or adjoining the Work area, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Plans, Specifications and Contract Documents. The fact that the OWNER or ENGINEER as the Owner's representative shall have the right to observe CONTRACTOR's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the OWNER and the ENGINEER hereunder, is not intended to and shall not at any time change or affect the status of the CONTRACTOR as an independent contractor with respect to either the OWNER or the ENGINEER as the OWNER's representative or to the CONTRACTOR's own employees or to any other person, firm or corporation. 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, ordinances, permits and regulations, regardless of whether the same are adopted before or after the execution of this Contract, which in any manner affect the Contract or the work, and shall indemnify, save and hold harmless the OWNER and the ENGINEER against any claim arising out of the violation of any such laws, ordinances and regulations, whether by the CONTRACTOR or his agents, employees, subcontractors or vendors. If the CONTRACTOR observes that the Plans and Specifications are at variance with federal or state laws or codes or the ordinances or regulations of the City, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be made as provided in the Contract for changes in the work. If the CONTRACTOR performs any work knowing it to be contrary to such laws, codes, ordinances, rules or regulations, or if CONTRACTOR reasonably should have known of any such violation, and without such notice to the ENGINEER, CONTRACTOR shall bear all costs arising therefrom. The OWNER is a Political Subdivision of the State of Texas, and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the OWNER may enter into contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein. Neither the act 10-1012 00700 - 8 of 36 CITYOFPEARLAND GENERAL CONDITIONS OF AGREEMENT 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. 4.04 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this Contract and that he will not assign, by power of attorney or otherwise, or sublet said Contract, or any rights, duties or obligations arising thereunder, in whole or in part, without the prior written consent of the OWNER, and that no part or feature of the Work will be sublet to anyone objectionable to the ENGINEER or the OWNER. In addition, the OWNER reserves the right to disapprove the subletting of this Contract or any portion hereof on any basis whatsoever. The CONTRACTOR further agrees that the subletting of any portion or feature of the Work or materials required in the performance of this Contract shall not relieve the CONTRACTOR from his obligations to the OWNER, as provided for by this Agreement. 4.05 PERFORMANCE, PAYMENT AND MAINTENANCE BONDS. In the event the Contract Price shall be in excess of $25,000.00, the CONTRACTOR shall execute separate Performance, Payment and Maintenance Bonds, each in the sum of one hundred percent (100%) of the Contract Price, and each in accordance with the provisions of Chapter 2253 of the Texas Government Code. If the Contract Price does not exceed $25,000.00, the statutory bonds will not be required. All required Bonds shall be payable to OWNER and on forms approved by the OWNER, and shall be executed by a corporate surety in accordance with Article 7.19-1 of the Texas Insurance Code. It is agreed that the Contract shall not be in effect until such original Performance, Payment and Maintenance Bonds are delivered to and approved by the OWNER. The cost of the premium for the Performance, Payment and Maintenance Bonds, should Maintenance Bonds be required, shall be included in the CONTRACTOR's Bid Proposal. All bonds shall be issued by Texas Department of Insurance approved surety companies. 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. 10-1012 00700 - 9 of 36 (10.' CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT The Contractor must obtain a limited sales, excise and use tax permit or exemption certificate which shall enable him to buy the materials to be incorporated into the Work without paying tax at due time of purchase. 4.09 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this Contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the ENGINEER as the OWNER'S representative. The superintendent shall represent the CONTRACTOR in his absence and shall act as the agent of the CONTRACTOR, and all directions given to him shall be binding as if given to the CONTRACTOR. Adequate supervision by competent and reasonable representatives of the CONTRACTOR is essential to the proper performance of the Work, and lack of such supervision shall be an act of default, and grounds for suspending operations of the CONTRACTOR. The Superintendent cannot be removed from the project without the consent of the Owner; the Superintendent must speak and understand the English language; the Superintendent must be on site when any work on the project is being done, even when a subcontractor is performing the work. The Work, from its commencement to completion, shall be under the exclusive charge and control of the CONTRACTOR, and all risk in connection therewith shall be borne by the CONTRACTOR. Neither the OWNER nor the ENGINEER as the OWNER's representative will be responsible for the acts or omissions of the CONTRACTOR, its subcontractors or any of its agents or employees, or any other persons performing any of the Work. 4.10 CHARACTER OF WORKERS. The CONTRACTOR agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this Contract, to do the Work, and agrees that whenever the ENGINEER shall inform him in writing that any worker or workers on the Work are, in his opinion, incompetent, unfaithful or disorderly, or in the ENGINEER's opinion, are not using their best efforts for the progress of the Work, such worker or workers shall be discharged from the Work and shall not again be employed on the Work without the ENGINEER's written consent. OWNER reserves the right to bar any person, subcontractor, or supplier found to be incompetent, unfaithful, disorderly, or not using their best efforts to progress work or considered to be a threat to the health, safety and welfare to the project or workforce. 4.11 LABOR, EQUIPMENT, MATERIALS, CONSTRUCTION PLANT, AND BUILDINGS. The CONTRACTOR shall provide all labor, services, tools, equipment, machinery, supplies, facilities, utilities and materials necessary in the prosecution and completion of this Contract where it is not otherwise specifically provided that the OWNER shall furnish same; and further, the CONTRACTOR shall be responsible for the care, preservation, conservation and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction and any and all parts of the Work, whether the CONTRACTOR has been paid, partially paid or not paid for such Work, until the entire Work is completed and accepted. The building or placement of structures for housing workers or offices, or the erection of tents or other forms of protection, will be permitted only with the ENGINEER's written permission, and at 10-1012 00700 - 10 of 36 CITYOFPEARLAND GENERAL CONDITIONS OF AGREEMENT 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. 4.12 SANITATION. Necessary sanitary conveniences for the use of laborers and others on the Work site, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. Any structures of any nature constructed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection or construction thereof, and the CONTRACTOR agrees to indemnify and hold the ENGINEER and OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, construction or maintenance of CONTRACTOR's buildings. 4.13 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep and maintain the premises free from accumulation of debris, trash and waste. The CONTRACTOR shall remove waste, debris and trash at the end of each work day. CONTRACTOR shall remove all such debris, trash and waste, tools, scaffolding and surplus materials, and shall leave the Work broom -clean or its equivalent, upon completion of the Work. The Work shall be left in good order and condition. In case of dispute, the OWNER may remove the debris, trash, waste and surplus materials, and charge the cost to the CONTRACTOR. 4.14 PERFORMANCE OF WORK. It is further agreed that it is the intent of this Contract that all Work must be done and all material must be furnished in accordance with the generally accepted practice for such materials furnished or work completed, unless otherwise provided in the Contract Documents. 4.15 RIGHT OF OWNER TO ACCELERATE THE WORK. If at any time the methods or equipment used by the CONTRACTOR, or the work force supplied are found to be inadequate to achieve the progress required to Substantially Complete the Work within the Contract Time, the OWNER or the ENGINEER as the OWNER's representative, may order the CONTRACTOR in writing to supplement its forces and/or equipment, or work shifts or overtime, or otherwise improve its efficiency and rate of progress to achieve Substantial Completion of the Work within the Contract Time, and the CONTRACTOR shall comply with such order, at its own cost and expense. 4.16 LAYOUT OF WORK. Except as specifically provided herein, the CONTRACTOR shall be responsible for laying out work by means of construction surveying 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 10-1012 00700 - 11 of 36 CITYOFPEARLAND GENERAL CONDITIONS OF AGREEMENT 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. 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 errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required Contract Work in accordance with the Contract Documents, and within the Contract Time. Such review by the ENGINEER shall be for the sole purpose of determining the apparent sufficiency of said drawings or schedules to result in finished improvements in conformity with the Contract Documents, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR's performance hereunder, and any action taken by the ENGINEER shall not relieve the CONTRACTOR of his responsibility and liability to comply with the Contract Documents. OWNER, CONSTRUCTION MANAGER, ENGINEER, and CONTRACTOR shall make all submittals, review comments, notes, corrections, schedules and updates, testing results, payment applications, instructions and other communications by means of the OWNER'S Pro-Trak. The OWNER, ENGINEER and CONTRACTOR shall each retain such hard copies form this system as are required for their specific record keeping requirements. No documents shall be removed from this system or destroyed except those being replaced by the systems protocols as a latest version document. All requirements for written communications, submittals, comments, instructions or other documents processed by means of this system shall have the same legal or time sensitive status as if they had been hand delivered in hard copy to their intended addressee. 4.18 ENGINEER -CONTRACTOR RELATIONSHIP; OBSERVATIONS. It is agreed by the CONTRACTOR that the ENGINEER, as the OWNER's representative, shall be and is hereby authorized to appoint such subordinate engineers, representatives or observers as the said ENGINEER may from time to time deem proper to observe the materials furnished and the Work done under this Agreement. The CONTRACTOR shall furnish all reasonable aid and assistance required by the subordinate engineers, representatives or observers for the proper observation and examination of the work. The CONTRACTOR shall regard and obey the directions and instructions of any subordinate engineers, representatives or observers so appointed, when such directions and instructions are consistent with the obligations of this Agreement and the Contract Documents, provided, however, should the CONTRACTOR object to any orders by any 10-1012 00700 - 12 of 36 r CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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, 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 part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the Contract Documents. If any Work, which is required to be inspected, tested or approved, is covered up without written approval or consent of the OWNER or the ENGINEER, it must, if requested by the OWNER or the ENGINEER, be uncovered for observation and testing, at the sole expense of the CONTRACTOR. The cost of all such inspections, tests and approvals shall be borne by the CONTRACTOR unless otherwise provided herein. Any Work which fails to meet the requirements of such tests, inspections or approval, and any Work which meets the requirements of any such tests or approval but does not meet the requirements of the Contract Documents shall be considered defective. Such defective Work and any other work affected thereby shall be corrected at the CONTRACTOR'S expense. Neither observations by the OWNER or by the ENGINEER, nor inspections, certifications, tests or approvals made by the OWNER, the ENGINEER or other persons authorized under this Agreement to make such inspections, tests or approvals, shall relieve the CONTRACTOR from his obligation to perform the Work in accordance with the requirements of the Contract Documents. 4.20 DEFECTS AND THEIR REMEDIES. It is further agreed that if the Work or any part thereof or any material brought on the site of the Work for use in the Work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the 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. 10-1012 00700 - 13 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.21 LIABILITY FOR PROPER PERFORMANCE. Engineering construction drawings and specifications, as well as any additional instructions and information concerning the Work to be performed, passing from or through the ENGINEER, shall not be interpreted as requiring or allowing the CONTRACTOR to deviate from the 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 incident to the performance of the Contract, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, similar items or devices used by him during construction, and work performed either directly or incident to construction, and for all loss, damage or injury incident thereto, either to person or property, whether such damage be suffered by the ENGINEER, the OWNER or any other person not a party to this Contract. Any review of Work in progress or any visit or observation during construction, or any clarification of Contract Documents by the ENGINEER or OWNER, or any agent, employee or representative of either of them, whether through personal observation on the Project site or by means of approval of shop drawings for 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 Contract Documents, or for the purpose of enabling the CONTRACTOR to more fully understand the Contract Documents so that the completed construction Work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for proper performance of his Work on the Project, including, without limitation, the propriety of means and methods of the CONTRACTOR in performing said Contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Any action by the ENGINEER or the OWNER in visiting or observing during construction, or any clarification of Contract Documents shall not constitute a waiver of CONTRACTOR'S liability for damages as herein set out. Deviation by the CONTRACTOR from 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 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 persons entering the project site, as well as for the protection of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. The CONTRACTOR shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the Work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded, as a minimum, in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The CONTRACTOR shall provide all necessary machinery guards, safe walkways, ladders, bridges, gangplanks, barricades, fences, traffic control, warning signs and other safety devices. 10-1012 00700 - 14 of 36 CITYOFPEARLAND GENERAL CONDITIONS OF AGREEMENT No alcoholic beverages, non-prescription drugs, or unsafe practices shall be allowed on the Work site. CONTRACTOR shall dismiss anyone participating in any of the above from the Work site for the duration of the Project. Only prescription drug uses with a doctor's authorization to perform construction activities shall be allowed on the Work site. Violation of this provision is a default under the Contract. The use, possession, sale, transfer, purchase or being under the influence of alcohol, drugs or any other illegal or unlawful substance by CONTRACTOR or CONTRACTOR's employees, or CONTRACTOR's subcontractors and employees at any time at the Work site or while on company business is prohibited. CONTRACTOR shall institute and enforce appropriate drug testing guidelines and program. All accidents or injuries to CONTRACTOR's employees working on the job site must be reported verbally and in writing to the ENGINEER immediately, and within no more than eight (8) hours. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, in his sole discretion as an independent contractor. Inclusion of this paragraph in the Agreement, as well as any notice which may be given by the OWNER or the ENGINEER as the OWNER's representative concerning omissions under thus paragraph as the Work progresses, are intended as reminders to the CONTRACTOR of his duty and shall not be construed as any assumption of duty by ENGINEER, or OWNER's representative to supervise safety precautions by either the CONTRACTOR or any of his subcontractors. 4.23 PROTECTION OF ADJOINING PROPERTY. The CONTRACTOR shall employ proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent or adjoining property. THE CONTRACTOR AGREES TO INDEMNIFY, DEFEND, SAVE AND HOLD HARMLESS THE CONSTRUCTION MANAGER, OWNER AND ENGINEER AGAINST ANY CLAIM OR CLAIMS FOR DAMAGES, LOSS, COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, DUE TO ANY INJURY TO ANY ADJACENT OR ADJOINING PROPERTY, ARISING OR GROWING OUT OF THE PERFORMANCE OF THE CONTRACT, REGARDLESS OF WHETHER OR NOT SUCH DAMAGE, LOSS, COST OR EXPENSE IS CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER AND/OR ENGINEER. 4.24 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. THE CONTRACTOR AGREES THAT HE WILL PROMPTLY PAY WHEN DUE, AND WILL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ALL CLAIMS GROWING OUT OF THE DEMANDS OF SUBCONTRACTORS, LABORERS, WORKERS, MECHANICS, MATERIALMEN AND FURNISHERS OF MACHINERY AND PARTS THEREOF, EQUIPMENT, POWER TOOLS AND ALL SUPPLIES, INCLUDING COMMISSARY, INCURRED IN THE FURTHERANCE OF THE PERFORMANCE OF THIS CONTRACT. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may, at the option of the OWNER, either pay directly any unpaid bills of which the OWNER has written notice, or withhold from the CONTRACTOR's unpaid compensation a sum of money deemed reasonably 10-1012 00700 - 15 of 36 (0~ CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT sufficient to liquidate any and all such claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this Contract. Any and all communications between any parties under this paragraph shall be in writing. Nothing contained in this paragraph or this Agreement shall create, establish or impose any relationship, contractual or otherwise, between OWNER and any subcontractor, laborer or supplier of CONTRACTOR, nor shall it create, establish or impose any duty upon OWNER to pay or to see to the payment of any subcontractor, laborer or supplier of CONTRACTOR. 4.25 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR shall pay all royalties and license fees and shall provide for the use of any design, device, material or process covered by letters patent or copyright, by suitable legal agreement with the patentee or owner thereof THE CONTRACTOR SHALL DEFEND ALL SUITS OR CLAIMS FOR INFRINGEMENT OF ANY PATENT OR COPYRIGHT AND SHALL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF, EXCEPT SUCH SUITS AND CLAIMS ARISING OUT OF A PARTICULAR DESIGN, DEVICE, MATERIAL OR PROCESS OR THE PRODUCT OF A PARTICULAR MANUFACTURER OR MANUFACTURERS SPECIFIED OR REQUIRED BY THE OWNER; PROVIDED, HOWEVER, IF CHOICE OF ALTERNATE DESIGN, DEVICE, MATERIAL OR PROCESS IS ALLOWED TO THE CONTRACTOR, OR IF CONTRACTOR KNEW OR SHOULD HAVE KNOWN OF THE PATENT OR COPYRIGHT AND FAILED TO PROMPTLY NOTIFY OWNER IN WRITING, THEN THE CONTRACTOR SHALL INDEMNIFY, DEFEND, SAVE AND HOLD THE OWNER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF. 4.26 INDEMNIFICATION. THE CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE ENGINEER AND THE OWNER HARMLESS FROM ANY CLAIMS OR DEMANDS OF ANY NATURE WHATSOEVER MADE BY ANY EMPLOYEE, EMPLOYEES, AGENTS OR SUBCONTRACTORS OF CONTRACTOR, OR BY ANY UNION, TRADE ASSOCIATION, WORKER'S ASSOCIATION OR OTHER GROUPS, ASSOCIATIONS OR INDIVIDUALS, ALLEGEDLY REPRESENTING EMPLOYEES OF THE CONTRACTOR, IN ANY DISPUTE BETWEEN THE CONTRACTOR AND HIS EMPLOYEES, DIRECTLY OR INDIRECTLY INVOLVING, GROWING OUT OF OR ARISING FROM CLAIMS BY SUCH EMPLOYEES FOR WAGES, SALARY, COMPENSATION, BENEFITS, WORKING CONDITIONS OR ANY OTHER SIMILAR COMPLAINT OR CLAIM WHICH MAY BE MADE. THE CONTRACTOR, HIS SURETIES AND INSURANCE CARRIERS SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER AND THE ENGINEER AND THEIR RESPECTIVE OFFICERS, REPRESENTATIVES, AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, CLAIMS, LOSSES, DEMANDS, SUITS, LIABILITIES, JUDGMENTS AND COSTS OF ANY CHARACTER WHATSOEVER, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, AND SHALL BE REQUIRED TO PAY ANY JUDGMENT THEREFOR, WITH COSTS, WHICH MAY BE OBTAINED AGAINST THE OWNER AND/OR THE ENGINEER OR ANY OF THEIR OFFICERS, REPRESENTATIVES, AGENTS OR EMPLOYEES, ARISING OUT OF OR RESULTING FROM OR ALLEGEDLY ARISING OUT OF OR RESULTING FROM THE PERFORMANCE 10-1012 00700 - 16 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 (B) IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE OR DEATH OR INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY, INCLUDING THE LOSS OF USE RESULTING THEREFROM; AND IS CAUSED IN WHOLE OR IN PART OR IS ALLEGEDLY CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF THE CONTRACTOR, ANY SUBCONTRACTOR, THEIR AGENTS OR EMPLOYEES OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY ONE OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT IT IS CAUSED IN PART OR ALLEGEDLY CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER, ENGINEER AND/OR A PARTY INDEMNIFIED HEREUNDER. Notwithstanding the foregoing or anything in the Agreement to the contrary, in accordance with the provisions of Section 130.002 of the Texas Civil Practice and Remedies Code, CONTRACTOR shall not be obligated to indemnify or hold harmless the ENGINEER, his agents, servants or employees, from liability for 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 for the CONTRACTOR or a subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts, and shall not be limited by any limitation on amounts or coverage of insurance provided or to be provided under this Contract. 4.27 LOSSES FROM NATURAL CAUSES. All loss, cost, expense or damage to the CONTRACTOR arising out of the nature of the Work to be done or from any unforeseen circumstances in the prosecution of the same, or from the action of the elements, or from unusual obstructions or difficulties which may be encountered in the prosecution of the Work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 10-1012 00700 - 17 of 36 CITYOFPEARLAND GENERAL CONDITIONS OF AGREEMENT 4.28 GUARANTEE. The CONTRACTOR hereby guarantees all the Work under the Contract to be free from defects or deficiencies in material in every particular and free from defects or deficiencies in workmanship; and against unusual damage from proper and usual use; and agrees to replace or to re -execute without cost to the OWNER such Work as may be found to be defective, deficient or otherwise not in conformance with the Contract Documents, and to make good all damages caused to other work or material, due to such defective Work or due to its required replacement or re -execution. This guarantee shall cover a period of one year from the date of Substantial Completion or Partial Substantial Completion of Work under the Contract, as evidenced by the Certificate of Substantial Completion. Neither the Certificate of Substantial Completion, Final Payment, nor any provision in the Contract Documents shall relieve the CONTRACTOR of the responsibility for defective, deficient or non -conforming material or workmanship during the period covered by the guarantee. The one-year period of guarantee will not limit the OWNER'S other rights under common law with respect to any defects, deficiencies or non -conforming Work discovered after one year. If this one-year guarantee conflicts with other warranties or guarantees, the longer period of warranty or guarantee will govern. 5.0 PROSECUTION AND PROGRESS 5.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his Work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the Work shall be Substantially Completed as a whole and in part, in accordance with this Contract and the Contract Time; provided, also, that when the OWNER is having other work done, either by contract or by his own forces, the ENGINEER may direct the time and manner of constructing the Work done under this Contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized, and the CONTRACTOR shall fully cooperate and coordinate its Work with OWNER or such other contractors. The CONTRACTOR shall submit, an updated schedule with every pay estimate for review by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the Work, with dates on which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. 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 strikes, lockouts, fires, Acts of God, or by any other cause which the ENGINEER shall decide justifies the delay. The CONTRACTOR shall give the ENGINEER prompt notice, in writing and within three (3) days of the start of any such delay, of the cause of any such delay, and its estimated effect on the Work and the schedule for completion of the Work. Upon receipt of a written request for an extension of the Contract Time from the CONTRACTOR, supported by relevant and all requested documentation, the 10-1012 00700 - 18 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ENGINEER shall submit such written request, together with his written recommendation, to the OWNER for consideration. If the delay is not attributable in whole or in part to any act or omission of CONTRACTOR, its subcontractors or suppliers, and if the OWNER determines that CONTRACTOR is entitled to an extension of time under the 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. The Contract Time as defined in the Bid Proposal and other sections herein incorporates 40 Rain Days per calendar year or an average of 3.33 days per calendar month. The CONTRACTOR is required to keep record of all weather related delays and to submit the monthly count on each Pay Application. The Owner's Representative shall review and sign off on this record as a part of the Pay Application approval process every month. If, during preparation of the Balancing Change Order, the status of the work progress requires an extension of the Contract Time, Impact Days shall be added to the Completion Date equal to the total number of Weather or Impact Days approved less the original 40 days resident in the original Contract Time. The Addition of Weather or Impact Days will only alter the Contract Time when added by Change Order. If the Work is completed prior to the Completion Date, No Days will be added. The addition of Weather or Impact Days shall be the CONTRACTOR's sole remedy for delays to the completion of the Work and their addition to the Contract Time shall not affect the Contract Price through any "per diem" adjustment to the General Conditions costs, Temporary Facilities costs or any other costs associated with the extension of the Contract Time. 5.03 HINDRANCES AND DELAYS. In executing the Contract, the CONTRACTOR agrees that in undertaking to complete the Work within the time herein fixed, he has taken into consideration and made allowances for all interference, disruption, hindrances and delays incident to such Work, whether growing out of delays in securing material, workmen or otherwise. No claim shall be made by the CONTRACTOR for damages, loss, costs or expense resulting from interference, disruption, hindrances or delays from any cause during the progress of any portion of the Work embraced in this Contract, except where the Work is stopped or suspended by order of the OWNER'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 CONTRACTOR will commence the Work on the date specified herein or in any Notice to Proceed, and will Substantially Complete the Work within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the Substantial Completion of the Work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The CONTRACTOR further 10-1012 00700 - 19 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT agrees that a failure to complete 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. However, the foregoing agreement as to liquidated damages constitutes only an agreement by the OWNER and the CONTRACTOR as to the amount of damages which the OWNER will sustain by reason of the CONTRACTOR'S failure to complete the work within the Contract Time. Should the OWNER suffer damage by reason of any other breach by CONTRACTOR, the OWNER may recover such actual damages in addition to any liquidated damages due. The OWNER shall have the right to deduct and withhold the amount of any and all such damages whether it be the minimum amount stipulated above or otherwise, from any monies owing by it to said CONTRACTOR, or the OWNER may recover such amount from the CONTRACTOR and the sureties of his bond; all of such remedies shall be cumulative and the OWNER shall not be required to elect any one nor be deemed to have made an election by proceeding to enforce any one remedy. 5.06 CHANGE OF CONTRACT TIME: The Contract Time may only be changed by a Change Order. Any claim for an adjustment of Contract Time shall be based on written notice delivered by the party making such claim to the other party and to the ENGINEER promptly, but in no event later than ten (10) days after the event -giving rise to the claim. Notice of the extent of the claim, along with supporting data, shall be delivered within thirty (30) days of the occurrence and shall be accompanied by the claimant's written representation that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in Contract Time shall be determined by the ENGINEER in accordance with the requirements of this paragraph. Contractor shall submit, as a minimum, the following data: A. Information showing that the time requested is not included in the existing Contract and in addition to the Contract. B. Information documenting that the number of days requested is accurate for the event. C. Revised, current construction schedule showing that the time requested affects the project's critical path. 5.07 DELAYS BEYOND OWNER'S AND CONTRACTOR'S CONTROL: Where CONTRACTOR is prevented from completing any part of the Work within the Contract Time due to delays beyond the control of the OWNER and the CONTRACTOR, including, but not limited to, interference by utility owners or other contractors performing other work, Contractor shall be entitled to an extension of the Contract Time in an amount equal to the time lost. CONTRACTOR shall not be entitled to any increase in Contract Price as a result of such delays. IN NO EVENT SHALL OWNER BE LIABLE TO CONTRACTOR FOR DAMAGES ARISING OUT OF OR RESULTING FROM (i) Delays caused by, or within the control of, the CONTRACTOR, or (ii) Delays beyond the control of both parties including, but not limited to, interference by utility owners or other contractors performing other work, fires, floods, epidemics, abnormal weather conditions, acts of God, even if such delays are due in part to the negligence, other fault, breach of contract or warranty, violation of the Texas Deceptive Trade Act, or strict liability without regard 10-1012 00700 - 20 of 36 CITYOFPEARLAND GENERAL CONDITIONS OF AGREEMENT to fault of OWNER. An extension of Contract time shall be CONTRACTOR's sole and exclusive remedy for any such delays. Delays attributed to, and within the control of, a Subcontractor or Supplier shall be deemed to be delays within the control of the CONTRACTOR. 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 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 Contract Documents. It is further understood that any request for clarification must be submitted no later than five (5) days prior to the opening of bids. 6.02 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, volume, number and weight only shall be considered, unless otherwise specifically provided. 6.03 ESTIMATED QUANTITIES. This Agreement, including the Contract Documents, and including any estimates contained therein, is intended to convey all Work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of Work to be done and material to be furnished under this Contract, they are approximate and are to be used only as a basis for estimating the probable cost of the Work and for comparing the Bid Proposals offered for the Work. It is understood and agreed that the actual amount of Work to be done and the materials to be furnished under this Contract may differ from the estimates and that the items listed or estimated quantities stated, and/or any difference between estimated and actual Work, shall not give rise to a claim by the CONTRACTOR against the OWNER for loss, cost, expense, damages, unit price adjustment, quantity differences, unrecovered overhead or lost or anticipated profits, or other compensation. 6.04 PRICE OF WORK. It is agreed that it is the intent of this Contract that all Work described in the Bid Proposal, and 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, OWNER and CONTRACTOR agree that the Contract is a unit cost agreement, unless stated otherwise, and that the final Contract amount is equal to the unit cost multiplied by the number of units authorized, installed and approved by the Owner. 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 10-1012 00700 - 21 of 36 CITYOFPEARLAND GENERAL CONDITIONS OF AGREEMENT all expenses incurred by him, and for full performance of the Work and the whole thereof in the manner and according to this Agreement, Contract Documents, and the requirements of the ENGINEER. 6.05 PAYMENTS. No payments made or approvals or certificates given shall be considered as conclusive evidence of the performance of the Contract, either in whole or in part, nor shall any certificate, approval or payment be considered as acceptance of defective, deficient or non -conforming Work. CONTRACTOR shall, at any time requested during the progress of the Work, furnish the OWNER or the ENGINEER with an affidavit showing the CONTRACTOR's total outstanding indebtedness in connection with the Work. Before Final Payment is made, the CONTRACTOR shall satisfy the OWNER, by affidavit or otherwise, that there are no unpaid claims due subcontractors, suppliers or laborers by reason of any Work under the Contract. Acceptance by CONTRACTOR of Final Payment shall constitute a waiver of any and all claims of whatsoever nature against OWNER, arising out of or related to the Contract, or the Work, or any acts or omissions of OWNER or ENGINEER, which have not theretofore been timely filed as provided in this Contract. 6.06 PARTIAL PAYMENTS. When the Contract Price is a lump sum amount, prior to the first Application for Payment, CONTRACTOR shall submit to ENGINEER for review and approval a Schedule of Values, which shall fairly allocate the entire Contract Price among the various portions of the Work and shall be prepared in such form and supported by such data to substantiate its accuracy as the ENGINEER may reasonably require. The Schedule of Values shall follow the trade divisions of the Specifications so far as practicable. Upon approval, this Schedule of Values shall be used by ENGINEER as the basis for reviewing the Contractor's Application for Payment. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. On or before the tenth day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER, for approval or correction, an application for partial payment, being a statement showing as completely as practicable, the agreed unit quantities and extended 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 manufacturer's recommendations and as approved by the OWNER or ENGINEER at the Work site only. No payment will be made for materials stored until OWNER has approved in writing storage at the Work site. The ENGINEER shall then review such statement of unit quantities 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 the WORK conforming to the requirements of the Contract Documents, the ENGINEER shall certify the application for partial payment and shall deliver his preliminary certification for payment to the OWNER and the CONTRACTOR; or, if the ENGINEER finds that CONTRACTOR's application for payment contains an error or is otherwise disputed, he shall notify CONTRACTOR of such error or dispute, and shall prepare a preliminary certificate for partial payment for the undisputed amount of the application for payment due CONTRACTOR, and deliver it to the OWNER and CONTRACTOR. ENGINEER'S notice to CONTRACTOR that a bona fide dispute for payment exists shall include a list of the specific reasons for nonpayment. All payment applications made by CONTRACTOR and delivered to ENGINEER and all verifications and certification of such applications shall be made and transmitted within the Pro- Trak system and signed with the appropriate electronic signatures as provided for in the software. 10-1012 00700 - 22 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Such applications for payment shall not be considered complete unless accompanied by the CONTRACTOR'S Partial Waiver of Lien and Payment Affidavit, Section 00615, duly executed by an authorized representative of the CONTRACTOR and reflecting the correct corresponding amount of the payment application. The OWNER shall then pay the CONTRACTOR, within thirty (30) days of the date of ENGINEER's receipt of the application for payment, the undisputed balance due, less applicable retainage, and further less all previous payments and all further sums that may be retained or withheld by the OWNER under the terms of this Agreement. CONTRACTOR may submit a corrected application for payment after its receipt of the ENGINEER's notice of error or dispute, and such corrected application for payment shall be reviewed by the ENGINEER and disputed or paid under the same procedure and within the same time limits set out above. As a condition of any progress payment under this Agreement, CONTRACTOR shall execute and deliver to ENGINEER and OWNER a full release of all claims, direct or indirect, at law or in equity, arising out of or related to the Work to date, excluding retainage or any claims previously submitted as required under the terms of the Contract, and specifically identified and excluded by CONTRACTOR in the release. OWNER shall be entitled to retain from each progress payment five percent (5%) of the amount thereof. Such retainage shall be retained until Final Completion and satisfaction of all conditions for Final Payment. It is understood, however, that in case the whole Work be near to completion, as certified by the ENGINEER, and some unexpected or unusual delay occurs, through no neglect or fault on the part of the CONTRACTOR, the OWNER may, upon written recommendation of the ENGINEER, pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR, at the OWNER'S option, may be relieved of the obligation to fully complete the Work, and thereupon, the CONTRACTOR shall receive, at the OWNER'S option, payment of the balance due him under the Contract for Work completed in accordance with the Contract Documents, subject to OWNER's rights to otherwise withhold or retain payments, and subject to the conditions set forth under "6.08 FINAL PAYMENT." The Owner at its option and in compliance with Texas law may reduce retainage to less than the above -stated percentages. 6.07 USE OF COMPLETED PORTIONS & PUNCHLIST. The OWNER shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding that the time for completing the entire work or such portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the Work, the CONTRACTOR shall promptly and within three (3) days of OWNER's taking possession, give OWNER written notice of same, and CONTRACTOR may be entitled to such extra compensation or extension of time, or both, as may be determined in accordance with the provisions of this Agreement. 6.08 SUBSTANTIAL COMPLETION. The CONTRACTOR shall notify the OWNER AND ENGINEER, by letter executed by a duly qualified officer of CONTRACTOR, that in CONTRACTOR's opinion, the Work of the Contract, or an agreed portion thereof, is "Substantially Complete". Such notification shall include a list of all outstanding or incomplete items. Upon receipt, and within a reasonable time thereafter, of such notice, the ENGINEER and the CONTRACTOR shall jointly perform a walk-through and inspection of the Work to determine 10-1012 00700 - 23 of 36 CITYOFPEARLAND GENERAL CONDITIONS OF AGREEMENT the status of all or the identified portion of the work, and the ENGINEER shall prepare a detailed list of unfinished, incomplete, defective and/or non -conforming Work ("Punchlist"). If the ENGINEER determines that the Work is Substantially Complete in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the 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. Upon Substantial Completion of the Work, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities, pending final payment and acceptance, with respect to security, maintenance, utilities and damage to the Work, except as otherwise provided in the Certificate of Substantial Completion. NEITHER THE SUBSTANTIAL COMPLETION OF THE WORK, NOR THE OMISSION OF AN ITEM FROM THE PUNCHLIST, SHALL EXCUSE THE CONTRACTOR FROM PERFORMING ALL OF THE WORK UNDERTAKEN, WHETHER OF A MINOR OR MAJOR NATURE, AND THEREBY COMPLETING THE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. The Certificate of Substantial Completion shall establish the time period within which CONTRACTOR shall complete the Work for Final Acceptance by the Owner and ENGINEER. 6.08-1 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, for security requirement reasons. OWNER may establish an access procedure to facilitate CONTRACTOR's uninterrupted access to the Work for the purposes of completing and correcting all items on the Punchlist in an expeditious manner. 6.09 FINAL PAYMENT. Final payment of the Retainage withheld from the Contract Price shall be made by the OWNER to the CONTRACTOR at such time as: 10-1012 (a) the Work, including all Change Orders and including all Punchlist work, has been fully completed in strict accordance with the Contract Documents; (b) the Contract has been fully performed except for the CONTRACTOR' s responsibility to correct nonconforming Work during the warranty period set forth in the Contract Documents, and to satisfy other requirements, if any, which necessarily survive final payment; (c) CONTRACTOR delivers to OWNER a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days prior written notice has been given to OWNER; (d) CONTRACTOR delivers to OWNER a Consent of Surety, if any, to final payment; (e) CONTRACTOR delivers to OWNER a complete set of As -Built Drawings, reflecting all deviations from the Plans, Specifications and approved shop drawings in the Work actually constructed, and delivers all maintenance and operating manuals and/or instructions; 00700 - 24 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (f) (g) CONTRACTOR delivers to OWNER all building certificates required prior to occupancy and all other required inspections / approvals / acceptances by city, county, state governmental entities or other authorities having jurisdiction; 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; (h) CONTRACTOR removes all equipment, tools, temporary facilities, surplus materials and rubbish from the site, and final cleans the site to OWNER's satisfaction; (i) CONTRACTOR delivers to OWNER a Full and Final Release and Affidavit of Bills Paid in the form attached hereto as Attachment No. 2, executed by CONTRACTOR; (j) CONTRACTOR delivers to OWNER all other documentation required to be submitted to OWNER pursuant to the Contract Documents, including but not limited to any special guarantees or warranties, operation and maintenance manuals, etc'. in each case in a form satisfactory to OWNER as determined in OWNER's sole discretion; and (k) the Final Application for Payment has been approved by the ENGINEER and OWNER. Acceptance of Final Payment by the CONTRACTOR shall constitute a waiver of all claims by CONTRACTOR against OWNER other than any claims previously made in writing by CONTRACTOR against OWNER, and still unsettled, and except for claims arising out of third party actions, cross -claims and counterclaims. No interest shall be due or payable by OWNER to CONTRACTOR on any sums retained or withheld by OWNER pursuant to the terms or provisions of the Contract Documents, except as otherwise provided by applicable law. Neither the Certificate of Substantial Completion nor the Final Payment nor possession or acceptance of the Work shall relieve the CONTRACTOR of its obligation for correction of defective or non- conforming Work, or for fulfillment of any warranty, which may be required by law or by the Contract Documents. 6.10 CORRECTION OF WORK BEFORE FINAL PAYMENT. The CONTRACTOR shall promptly remove from OWNER's premises all materials, equipment or Work which is defective or otherwise not in conformance with the Contract Documents, whether actually incorporated in the Work or not, and CONTRACTOR shall, at his own expense, promptly replace such materials, equipment or Work with other materials conforming to the requirements of the Contract. The CONTRACTOR shall also bear the expense of restoring all work of CONTRACTOR or other contractors damaged by any such removal or replacement. If CONTRACTOR does not remove and replace any such unsuitable Work within ten (10) business days after receipt of a written notice from the OWNER or the ENGINEER, the OWNER may remove, replace and remedy such work at CONTRACTOR's expense. 10-1012 00700 - 25 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.11 CORRECTION OF WORK AFTER FINAL PAYMENT. If within one (1) year from the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR shall, at its sole cost, correct it and any other work affected thereby promptly after receipt of a written notice from OWNER to do so. In addition, CONTRACTOR shall be responsible for any damage to building contents, when such damage results from the CONTRACTOR's use of faulty materials or defective workmanship; to the extent such damage is not covered by OWNER's insurance. This warranty period shall renew and recommence for each corrected item of Work upon completion of the remedial work. This time period for correction by CONTRACTOR is in addition to, and not in lieu of, all warranties or remedies, which exist at common law or by statute. These warranty obligations shall survive the termination of this Contract, and shall be enforceable by a decree of specific performance, in addition to such other rights and remedies available to OWNER at law or in equity. 6.12 PAYMENTS WITHHELD. The OWNER may withhold, or on account of subsequently discovered evidence nullify and demand immediate repayment of, the whole or part of any certificate for payment or payment, to such extent as may be necessary to protect OWNER from loss on account of: (a) Defective or non -conforming Work not remedied; (b) Claims filed or reasonable evidence indicating probable filing of claims; (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; (f) (g) Reasonable indication that the Work will not be completed within the Contract Time; Failure on the part of the CONTRACTOR to execute any and all documents, releases or other documents presented to the CONTRACTOR for execution, as provided for herein or otherwise; (h) Liquidated or other damages due to late completion; and/or (i) Any breach by CONTRACTOR of this Contract or any other agreement between OWNER and CONTRACTOR. When the above grounds are removed to OWNER's satisfaction, the withheld payment shall be made promptly. If the said causes are not so remedied, OWNER may remedy the same for CONTRACTOR's account, charge the entire cost thereof to CONTRACTOR and deduct such cost 10-1012 00700 - 26 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT from the Contract Sum or from any payments due or to become due under any other agreement between OWNER and CONTRACTOR. 6.13 DELAYED 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 DIFFERING SITE CONDITIONS. During the progress of the work, if subsurface, latent physical conditions or unknown physical conditions of an unusual nature are encountered at the site that differ materially from those indicated in the contract or from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, the CONTRACTOR shall notify the OWNER' s Representative in writing within three (3) calendar days of the specific differing conditions before the site is disturbed and before the affected work is performed. (a) Upon written notification, the ENGINEER will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The ENGINEER will notify the CONTRACTOR in writing of the determination whether or not an adjustment of the contract is warranted. (b) No contract adjustment which results in a benefit to the CONTRACTOR will be allowed unless the CONTRACTOR has provided the required written notice. (c) No contract adjustment will be allowed under this clause for any effects caused on unchanged work. 7.02 SUSPENSIONS OF WORK ORDERED BY THE ENGINEER. If the performance of all or any portion of the work is suspended by the ENGINEER in writing for seven (7) calendar days and the CONTRACTOR believes that additional compensation and/or contract time is due as a result of such suspension, the CONTRACTOR shall submit a written request for adjustment to the ENGINEER within seven (7) calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. (a) Upon receipt, the ENGINEER will evaluate the CONTRACTOR's request. If the ENGINEER agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the CONTRACTOR, its suppliers, or subcontractors at any approved tier, and not caused by weather, the ENGINEER will make 10-1012 00700 - 27 of 36 CITYOFPEARLAND GENERAL CONDITIONS OF AGREEMENT an adjustment (excluding profit) and modify the contract in writing accordingly. The CONTRACTOR will be notified of the ENGINEER's determination, in writing, whether or not an adjustment of the contract is warranted. (b) No contract adjustment will be allowed unless the CONTRACTOR has submitted the request for adjustment within the time prescribed. (c) No contract adjustment will be allowed under this clause to the extent that performance would have been suspended by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. 7.03 CHANGE ORDERS. Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the Work; such changes will be authorized by Change Order to be prepared by the ENGINEER for execution by the OWNER and the CONTRACTOR. The Change Order shall set forth the basis for any change in Contract Price, as hereinafter set forth for Extra Work, and any change in Contract Time, which may result from the change. 7.04 In accordance with paragraph 1.07 CONTRACTOR'S request to work weekends, the Owner's Construction Manager shall, upon receipt of written notice by the CONTRACTOR of the need to conduct work on otherwise non -Work Days, prepare a cost estimate for providing Construction Management and Inspection services during the requested period and submit this to both OWNER and CONTRACTOR. If approved by both parties the Construction Manager shall prepare a Deductive Change Order in the amount stated in the estimate for the signature of the CONTRACTOR and the OWNER for inclusion in the next Pay Application. The Deductive Change Order must be signed and executed by both the OWNER and CONTRACTOR prior to start of work on any non -Work Day. 7.05 MINOR CHANGES. The ENGINEER may authorize minor changes in the Work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price or time. If the CONTRACTOR believes that any minor changes authorized by the ENGINEER involves Extra Work or entitles him to an increase in the Contract Price or the Contract Time, the CONTRACTOR shall give notice of same by written request to the ENGINEER for a written Work Order, with a copy to OWNER. Any such notice and request by the CONTRACTOR shall be given prior to beginning the changed work. CONTRACTOR's commencement of any minor change in the Work prior to such written notice and request shall constitute a waiver of any and all claims for an increase in the Contract Price or the Contract Time arising out of or related to such changed work. 7.06 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all work when presented with a written Change Order, Work Change Directive or Work Order signed by the ENGINEER, subject, however, to the right of the CONTRACTOR to require written confirmation of such Change Order, Work Change Directive or Work Order by the OWNER. It is agreed that the basis of compensation or adjustment to the CONTRACTOR for work either altered, added or deleted by a Change Order or Work Change 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 10-1012 00700 - 28 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Method (B) --By agreed unit prices or agreed stipulated lump sum price; or Method (C) --If neither Method (A) nor Method (B) can be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "Actual Field Cost" of the work plus: a) For subcontractors performing work mark-up shall be limited to fifteen percent, ten (10%) for the subcontractor plus five (5%) for the General Contractor or b) For the General Contractor alone, self -performing the extra work, without subcontractor, the mark-up shall not exceed ten percent (10%), as full and final compensation for the Extra Work and all costs and expenses, direct or indirect, arising out of or related thereto. In the event said Extra Work or Change Order or Work Change Directive work is performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "Actual Field Cost" is hereby defined as the cost to the CONTRACTOR of all workers, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals of machinery and equipment, for the time actually employed or used on such Extra Work or Change Order or Work Change Directive work, plus actual transportation charges necessarily incurred together with all power, fuel, lubricants, water and similar operating expenses, plus all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation, and all other insurance as may be required by law or ordinance, or the Contract Documents, plus all payments to subcontractors for such work. The ENGINEER may direct the form in which accounts of the "Actual Field Cost" shall be kept and the records of these accounts shall be made available to the ENGINEER. The ENGINEER or OWNER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America where practicable. The mark-up 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 of a Work Order by the ENGINEER shall not constitute or be construed as an agreement or 10-1012 00700 - 29 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT acknowledgement by the ENGINEER that the work which is the subject of the Work Order is Extra Work outside the scope of the Contract Work, but shall merely constitute a direction to the CONTRACTOR to perform the work, and the CONTRACTOR shall proceed with the work, and shall keep an accurate account of the "Actual Field Cost" thereof, as provided under Method (C). Upon completion of the alleged Extra Work, the CONTRACTOR shall promptly and within ten (10) days submit his claim to the ENGINEER by proper certification and attestation, on forms provided by the ENGINEER. The ENGINEER shall render a written decision on CONTRACTOR's claim within ten (10) days. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time, shall be final and conclusive and binding upon the parties. If the ENGINEER shall fail to respond in writing to CONTRACTOR's claim within thirty (30) days of the date of submission, or if CONTRACTOR shall dispute or object to ENGINEER's decision on any claim, and CONTRACTOR fails to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0, within sixty (60) days after the date of submission to the ENGINEER, or such longer period as the parties may agree to in writing, the CONTRACTOR shall lose and forfeit his right to make such claim for Extra Work at any later date, and all such claims held by the CONTRACTOR shall be deemed waived, forfeited and forever barred. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 7.07 TIME OF FILING CLAIMS. Except as otherwise provided herein, all questions of dispute or adjustment shall be made within the Pro-Trak system and filed with the ENGINEER within three (3) days after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty (30) days to such written exceptions, and render his final decision in writing. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time, shall be final and conclusive and binding upon the parties. In case the CONTRACTOR should desire to appeal from the ENGINEER's decision, the CONTRACTOR may request a meeting between representatives of the OWNER and the CONTRACTOR for the purposes of appealing the ENGINEER's decision directly to the OWNER, such meeting to occur within ten (10) days after the date of the CONTRACTOR's request, or such longer period as may be agreed to by the parties in writing. If the CONTRACTOR shall still be aggrieved after a meeting with the OWNER and/or his representative, the CONTRACTOR shall have sixty (60) days after the date of the meeting, or such longer period as the parties may agree to in writing, to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0. In the event the CONTRACTOR shall fail, for any reason, to timely file a Request for Mediation, the OWNER shall be released of any and all liability, and the CONTRACTOR's failure to timely file a Request for Mediation shall constitute a waiver, forfeit and final bar of all such claims held by the CONTRACTOR against the OWNER. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 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 10-1012 00700 - 30 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER when such orders are consistent with the Contract Documents, or if the CONTRACTOR otherwise defaults on its obligations under the Contract, OWNER shall have the right, if it so elects and without prejudice to any other rights it may have, after giving five (5) days written notice of default to CONTRACTOR and any surety, to terminate the Contract or any part thereof and/or to take over or cause others to take over the Work or any part thereof, and to complete such Work for the account of CONTRACTOR. Where Performance and Payment Bonds exist, the sureties on these bonds shall be directed to complete the Work in conjunction with the notice of default, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of default, the CONTRACTOR shall promptly and within no more than three (3) days, remove from the Work any machinery, equipment, or tools then on the job, not intended for incorporation into the Work. Should CONTRACTOR fail to promptly remove such machinery, equipment or tools, OWNER may remove such machinery, equipment or tools and store same at CONTRACTOR's expense; return such machinery, equipment or tools to their purported owner; or otherwise dispose of such machinery, equipment or tools as OWNER sees fit. Any materials, supplies and/or equipment delivered for use in the Work, may be used in the completion of the Work by the OWNER or the surety on the Performance Bond, or another contractor in completion of the Work; it being understood that the use of such equipment, supplies and materials will ultimately reduce the cost to complete the Work and be reflected in the final settlement. Where there is no Performance Bond or in case the surety should fail to commence compliance with the notice for completion hereinabove provided for within ten (10) days after the service of such notice, then the OWNER may provide for completion of the Work in either of the following elective manners: 10-1012 (a) The OWNER may thereupon employ such force of workers and use such machinery, equipment, tools, materials and supplies as the OWNER may deem necessary to expeditiously complete the Work, and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall be credited with the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by such CONTRACTOR, then the CONTRACTOR and/or his surety shall promptly pay the amount of such excess to the OWNER upon demand; or (b) The OWNER, under sealed bids, under the times and procedures provided for by law, may let the contract for completion of the Work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the OWNER under the completion contract, as compared to what would have been the cost under this Contract, such increase shall be charged to the CONTRACTOR, and the amount of such increase may be deducted by the OWNER out of such monies as may be due or that may thereafter at any time 00700 - 31 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR, or the CONTRACTOR and/or his surety shall promptly pay the amount of such increase to the OWNER upon demand. However, should the cost to complete any such completion contract prove to be less than what would have been the cost to complete under this Contract, the CONTRACTOR and/or his surety shall be credited therewith. In the event of a default by CONTRACTOR, no further payments shall be made to CONTRACTOR under the Contract until the Work is Finally Completed. When the Work shall have been Finally Completed, the CONTRACTOR and his surety shall be so notified. A complete itemized statement of the Contract accounts, certified by the ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his surety, whereupon the CONTRACTOR and/or his surety shall pay the balance due as reflected by said statement. The OWNER, prior to incurring an obligation to make payment hereunder, shall have such statement of completion attested to by the CONTRACTOR and the surety as accurate, and in exchange for payment of the sum stated therein, the OWNER shall be entitled to a full and final release of any claims or demands by the CONTRACTOR or the surety. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this Contract, or when the CONTRACTOR and/or his surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools or supplies left on the site of the Work shall be turned over to the CONTRACTOR and/or his surety. Should the cost to complete the Work exceed the Contract Price, and the CONTRACTOR and/or his surety fail to pay the amount due the OWNER within the time designated above, and there remains any machinery, equipment, tools, materials or supplies which are the property of CONTRACTOR on the site of the Work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his surety at the respective addresses designated in the Contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his surety, subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of such notice, the OWNER may sell such property, equipment, tools, materials or supplies, and apply the net sum derived from such sale to the credit of the CONTRACTOR and his surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials or supplies, which remain on the Work, and belong to persons other than the CONTRACTOR or his surety, to their reputed owners. 8.02 SUPPLEMENTATION OF CONTRACTOR FORCES. If CONTRACTOR at any time shall, in OWNER'S sole opinion, fail to furnish skilled workers, suitable materials, supplies or adequate equipment sufficient for the prompt, timely and diligent prosecution of the Work in accordance with OWNER's direction, OWNER shall have the right, without prejudice to the exercise of other remedies for the same default and without 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 10-1012 00700 - 32 of 36 Bond Number 022-046-505 CITY OF PEARLAND PERFORMANCE BOND Section 00610 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That T Construction, LLC of the City of Houston , County of Harris , and State of Texas, as principal, and West American Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of $ 112, 860.00 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the day of , 20, (the "Contract") to commence and complete the construction of certain improvements described as follows: N. Main Alley Sanitary Sewer Pipe Bursting From Orange St. to Jasmine St. City of Pearland, Texas COP PN: N/A BID NO.: 0413-48 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract Work and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and Contract Documents, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 12/2007 00610 - 1 of2 CITY OF PEARLAND PERFORMANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 24thday of September , 2013. Principal: Surety: T Construeon, LLC \-. can Insurance Company By: By. Title: Mt c t tett slDitV7 Address: 12605 McNair Street Houston TX 77015 Telephone: R32-5R7-R420 Fax: 832-582-8421 Robert M. Overbey;-.,. Title: Address: 8350 N. Central Expressway. Suite 850 Dallas TX 75206 Attorney in Fact Telephone: 214�622-9912 Fax: 866-546-9684 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL -FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 12/2007 00610 - 2 of 2 Bond Number 022-046-505 CITY OF PEARLAND PAYMENT BOND Section 00611 PAYMENT BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That T Construction, LLC of the City of Houston , County of Harris , and State of Texas, as principal, and West American Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of $ 112, 860.00 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the day of , 20, (the "Contract") to commence and complete the construction of certain improvements described as follows: N. Main Alley Sanitary Sewer Pipe Bursting From Orange St. to Jasmine St. City of Pearland, Texas COP PN: N/A BID NO.: 0413-48 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor or material to him or a subcontractor in the prosecution of the Work provided for in said Contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 07/2006 00611 - 1 of 2 CITY OF PEARLAND PAYMENT BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 24th day of September , 20 13 Principal: T Constru Title: 114E dtviv it Address: 12605 McNair Street Houston TX 77015 Surety: By: an Insurance Companay_ Robert M. Overbey; J±. Title: Attorney in Fact ,1:. Address: 8350 N. Central Expressway, Suite 850 Dallas TX 75206 Telephone: 832-582-8420 Telephone: 214-622-9912 Fax: 832-582-8421 Fax: 866-546-9684 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL -FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 07/2006 00611 - 2 of 2 Bond Number 022-046-505 CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND Section 00612 ONE-YEAR MAINTENANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That T Construction, LLC of the City of Houston , County of Harris , and State of Texas, as principal, and West American Tnsurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of $112, 860.00 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the day of , 20, (the "Contract") to commence and complete the construction of certain improvements described as follows: N. Main Alley Sanitary Sewer Pipe Bursting From Orange St. to Jasmine St. City of Pearland, Texas COP PN: N/A BID NO.: 0413-48 which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully correct all such work not in accordance with the Contract Documents discovered within the one-year period from the date of substantial completion, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. 07/2006 00612 - 1 of 2 CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 24th day of September , 2013. Principal: Surety: T Construction, LL By: Title: V 172id9I7 Address: 12605 McNair Street Houston TX 77015 American'Insurancomp Robert M. Overbey, J:\` Title: Attorney in Fact Address: 8350 N. Central Expressway, Suite 850` Dallas TX 75206 Telephone: 832-582-8420 Telephone: 214-622-9912 Fax: 832-582-8421 Fax: 866-546-9684 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL -FREE TELEPHONE NUMBER; 1-800-252-3439. 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Massachusetts; an&WesfAmerican Insurance:Company= ��-is a corporation duly orgamied under theaaws ofthe S�e of Indiana (herein`"collectively_called the Companies ); pursuantto;a`nd byautlionty herein set forth; doesiiereby name constitute aril appoint;' Carol=E` Hock:=Robert=M: Overt -Jr= Suzo`nne D. L'awrence _ %y % » = r vton= -: st"�v%-T--X- %`- '� i - ' d ` er r than'on :na -d-its-true=and lawful Rome in=factao make,execute=sea'I :acknowledge- ,`�allofthectty-of ous state.of,,each.mdividuallytftherebe.more_ n e. me ,_ . y_, _ g .�- and`"defiyer forantl or itstibehalf"as S-uretyand,as;its;ac aand.deed, any,and-all_un`dertakings,-6onds rncogmzances a� other'surety obligat ons^in pursuance of-these�presents and -shall= be as"biriding upon the Companies as ifthay have been duly signed byahe president and attested by_ the secretary of t ie�Compamesin their own:properpeisons ' - - - -� � ✓ "ice �✓- '.zi„". ���^✓ _ ____ :IN WITNESS WHEREOF, this-PowerofAttorneyhasbeensubscrbecfby:an-authonzed�ofce-orofciaofthe Companies;andthe.corporate seals -ofthe=Companiesave been.afxed thh_ fq^:✓-23_ ^-' `' - -` = ,=t breottw7tday oAuust= ,.� �� _ sue-- >_ _ ;Ametican Fite:arid Casualty ComoanV d !o zr `'� 7,1 3 �� = `Jfie Ohio�Casu"alt Insurance Com an �Litie►ty-Mutual=Insurance'-Company - ,�-•ThisPowerofAttomeyismade antl execuied pursuant-to_and by authority of the following By-laws and AuthoriiationsofAmencari:Fire and:Casualty Company the`_Otno-Casualty lnsurance� svi_o `'' Company,LibertyMutual Insurance Company andLVllestArnencan Insurance. Company which resolutions are now in=full force grid effect readmgas follows - t o ;�:`,,ARTICLE_IV=OFFICERS=-Se_ctionl2 Power.ofAttorney,.Anyoffcerorotheroffcial;of,tfie,Corporatioriauttiorized:forth�tpu`rpose':wtitin71ttieCh"airmanorthe:President;`andsublect: p_c -,w to such=fimdatton asvtfie,Q1 ?rpman or ttie PresideriYrnay prescribe shall appointsuch_attomeys n-fact; as -maybe necessaryto act in _behalf; of. the Corporation to make execute Sealy r :.� p. = ack`nowle`dg"eandaeliver.•as suretyany.and all. undertakings; bonds; recognizance`s and:other_surety obligations Such attorneys=in=fac ,*bjecfto the limitations set forth in their-respechve: ;a` 3 =E'�; powers of attorney, shall have full power;to'Erid;tfie Corpo�ation;by their signature and execution of•any sucIi instrrumen_t_s and to attach thereto the seal:of the Corporation Vilh ne so_ , y �. � :executedsuch.instnrmentsShall be as binding as if signed;by_the Pres_identand attested to by the_Secretary Any power or authority granted o any,rep"resentative orattomey-infact under c_a> = the provisions of:cle maybe.revoked at anytime by the Board,ahe_Chaimian, thg Presidenf or bytheofficer or -officers granting such power -or -authority. _ .ARTICLE XIII`Ezecution of^Contracts,-SECTION 5` Surety,`Bonds and Undertakings Any officer of the Company authorized for that:purpose m_writing=by'the chatrman or the`president ;> :" andsubfect to such iimitations.as the.chairman or-the;president may-prescrbe shall appointsuch attorneys in fact as_m_ay=be necessary_to:act iri behalf of -the t ompanylo_maNO execute - E M p,3; sseal ackno ldedg"eanc17:4_iver:-s^su�efy_any and all undertakings; bonds recog zances'and othersu`rety obligations Such attorneys m fact subject io he limitations set forth:in-their_ t p p rs of attorney; shall havefultpowefto;bind-the Company.by theirsignature.and:execution of anyauch insfru ants` rid tovatta`ch th __to.tfie seatof theCompany:- When so- ;v co.,,,_ - �=West-Am`erican�Insur:ance=Gompany`;� - " , E Z res active owe _ as if signed bythe president and,attested by the'_secneta_ry.^ ` s = _ ��` _ : _ ;oso: :Certificate;of_Designation = The:Prestdenfbf='the Company,-acbng,pursuant to:the=Bylaws.of�the;.Cornpariy?auttionzes:Gregory" V11cDavenpoii; Assistant Secretary to=appoinfsuch; ! attomeys-injact as.rnay be:necessary.to,act:on_behalf of;the Company to make; execute seal .ackno_wle_dge;and deliver:as surety any and alhundertakings blinds recogniiances and: ottiersuretyobligations _ !ti - � ?. ti _ _ - ; -_ - �,�_. - _arc ;sv- � -- -= -- -- _�-v- - Authorization -.B ;unanimouscorisent:of_the Com an s.'Board'ofDirectois; the -Company consents thaffacsimile.or mechanically'reprodu`cedsigriature_of;any, assistaritsec�etary.ofahe Company,:wherevenappearing upon;a -certified', copybf<anypower of'attomey issued_ by the C mpanyn connnecben wdh•surety bonds;. shall be valid'and-binding upor'tthe,Company with, the 'a-6 and effect as^ht ifuggh manually affxedV ---=: f 1 pawdM,- Carey; the undersigned; AsststantSec_etary ofAmerican-Fire and Casualty Company The Ohio Casualty lnsur`e Conipany Liberty, Mutual: Insurance.Company;.and West merican lnsurarice Company do hereby certdyUiat the ongmat power of attomey`of which the foregomg.is.afull;true and correct co`pyofahe Power ofAttomey execu\ed by Salk Companies is in full force and effect and hasnotbeen revoked= = _ _ _ _ _ _ - _ _ _ _ - ` _ _ : _ - ` IN TESTIMONY 1NHEROF 1'haye hereunto--setmyhand and affixedlihe seals,of said Compares this = - day, of ,- 20=? ,'-:;:-; 7::':-.7.,L :1 '',L.--:7':::::r....- ; .-- .-,,,'..--1; :--:-Z- - rS=F,^.i� s"ont�'". " �•^ �C •-, avid:Mr.Carey Assistant`Secretary y �^ i^�� lc West American Insurance Company TEXAS IMPORTANT NOTICE To obtain information or make i complaint You may call Ohio Casualty Bond's toll -free telephone number for information or to make a complaint at 1-800-843-6446 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance P. O. Box 149104 • Austin, TX 787I4-9104 FAX: (512) 475-1771 Web: http://www.tdi.state.ix.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTE$: Should you have a dispute conceming your premium or about a claim you should contact the agent or Ohio Casualty Bond first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. NP 70 68 09 01 TEXAS AVISO IMPORTANTE Para obtener infonnacion o pare someter una queja: Usted puede Ilamar al.numero de telefono gratis Ohio Casualty Bond's para infonnacion o pare someter una queja al 1-800-843-6446 Puede comunicarse con el Departamento de Seguros de Texas pars obtener infonnacion acerca de companies, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas P. 0. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiena una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o Ohio Casualty .Bond primero. Si no se resuelve la dispute, puede entonces comunicarse con el departamento (TDI) UNA ESTE AVISO A SU POLIZA: Este aviso es solo pars proposito de infonnacion y no se convierte en parte o condicion del documento adjunto. �1 4ACOR0' CERTIFICATE OF LIABILITY INSURANCE TCONP&C OP ID: RO DATE (MM/DD/YYYY) 09/23/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ELOW. 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 BondPro, Inc. 8 Greenway Plaza, Suite 814 Houston, TX 77046 Robert M. Overbey, Jr. INSURED T Construction LLC Attn: Karla Wehmeyer 12605 McNair Street Houston, TX 77015 Phone: 713-355-1000 Fax: 713-355-1001 NAME: CONTACT Carol E. Hock PHONE 713-355-1000 ADDRESS: carol@bondproinc.com INSURER(S) AFFORDING COVERAGE INSURER A: Travelers Lloyds Ins. Co. INSURER B : Travelers Prop Cas Co of Amer INSURER C : Travelers Indemnity Co. of CT FA X No): 713-355-1001 INSURER D : The Phoenix Insurance Company INSURER E : Westchester Surplus Lines Ins INSURER F : NAIC # 41262 25674 25682 25623 10172 COVERAGES CERTIFICATE 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 LTR TYPE OF INSURANCE ADM INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY C09A950318 06/10/2013 02/19/2014 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 Primary & PERSONAL & ADV INJURY $ 1,000,000 Noncontributory GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY DO FINT- LOC $ ( AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 B X ANY AUTO BA9A964464 06/10/2013 02/19/2014 BODILY INJURY (Per person) $ X _ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 C EXCESS LIAB CLAIMS -MADE CUP5466B21-0 06/10/2013 02/19/2014 AGGREGATE $ 3,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X WC STATU- TORY LIMITS OTH- ER D Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE N / A 4TNUB-3B74910-9-12 02/19/2013 02/19/2014 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A E Contractors Equip Contractors Pollut QT-660-8491L742-TLC-13 G24289977 002 06/10/2013 06/10/2013 02/19/2014 02/19/2014 Rented Eq 50,000 CPL 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule If more space Is required) Certificate Holder is named as Additional Insured for all coverage except Workers Compensation as required by contract and pursuant to policy terms. Waiver of Subrogation is provided in favor of Certificate Holder pursuant to policy terms. Coverage is primary. Reference: N. Main Alley Sanitary Sewer Pipe Bursting from Orange St. to Jasmine St., $112,860.00. CERTIFICATE HOLDER CANCELLATION CITYPEA City of Pearland Engineering & Capital Projects 3519 Liberty Drive Pearland, TX 77581 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIV Robert M. Overb , Jr. vim•„rn ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD