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R2002-0059 04-08-02
RESOLUTION .NO. R2002-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE GARDEN ROAD WATER MAIN 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 Garden Road water main project, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Haddock Construction, in the amount of $235, 975.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract with Haddock Construction, for construction services associated with the Garden Road water main project. PASSED, APPROVED and ADOPTED this the 8 dayof Apr'il , A.D., 2002. ATTEST: i? 0 N G/L~~G//'"'/,,// ,~/ ]FY SEcCRETAR~ ~/ PPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Contract is located with original resolution. AIA DocumentA310 - Electronic Format Bid Bond THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. KNOW ALL MEN BY THESE PRESENTS, that we Borco of Texas, Inc 2411 Frick Road, Houston, Texas 77038 as Principal, hereinafter called the Principal, and Merchants Bonding Company (Mutual) 6850 Austin Center Blvd., Suite 200, Austin, Texas 78731 a corporation duly organized under the laws of the State of Iowa as Surety, hereinafter called the Surety, are held and firmly bound unto City of Pearland, Texas (Here insert MI name and address or legal tide of Contractor) (Here insert fill name and address or legal title of Surety) (Here insert full name and address or legal tide of Owner) as Obligee, hereinafter called the Obligee, in the sum of FIVE Percent of Amount Bid Dollars ($ 05 % AMT. BID ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Garden Road Water Distribution Improvements Project No. B-2002-018 (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful pertormance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 14th day of March , 2002 . Borco of Texas, Inc. (Principal) (Seal) t\iQhok (Title) Aterehinas, onding Company ( t t ,. treaty) (Title) \Steven E. White, Attorney- Fact (Seal) AIA DOCUMENT A310 - BID BOND - AIA - FEBRUARY 1970 EDITION - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON D.C. 20006-5292. Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A310-1970 1 Merchants Bonding Company (MUTUAL) POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Steven E. White, Philip Baker, Stephen B. Smith, Kathleen Havey and/or Edward Arens of Houston and State of Texas its true and lawful Attorney-in•Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: FOUR MILLION ($4,000,000.00) Dollars and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all such acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By -Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992. ARTICLE II, SECTION 8. —The Chairman of the Board or President or any Vice President or Secretary shall have power and author• ity to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9. The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certificationthereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 1st day of January, 1999 MERCHANTS BONDING COMPANY (MUTUAL) STATE OF IOWA COUNTY OF POLK ss. • By President On this 1St day of January 11999 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that. the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. STATE OF IOWA COUNTY OF POLK ss. •• lII •' _ • • II • i CC IP :• Ir11A/A ••• G. • • • ., • • • • 000000 tv., M c 0 • Z '• • P •• 4▪ • • •....5p, • • • •• • eAceb,(,,, Notar/ Public, Polk County, Iowa I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY, executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in force and effect. In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on C/ Secretary this l 4 th day of March 2002 MSC 0814 (2/98) 41311 .y • :c#3:: -o- r^: •_t. 0 '• • �0.' 1933 ;' c • y •• . • a,;w _ •(;\a•• • CONSTRUCTION OF GARDEN ROAD WATER DISTRIBUTION IMPROVEMENTS B 2002 - 018 BID PROPOSAL (Submit m Duplicate) Dated: The Honorable Mayor and Council City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Gentlemen: Pursuant to the published Notice to Bidders, the undersigned bidder hereby proposes to do all the work and furnish all necessary supenntendence, labor machinery, equipment, tools and matenals, and whatever else may be necessary to complete all the work included under the General Contract for the installation of approximately 6,600 LF of 12 PVC DR 18 C900 waterlines as shown on the plans (Special Provisions: Contractor shall install the water Iine between stations 4+21 and 8+52 after installation of rest of project) with all related appurtenances, complete, tested and operational, m.accordance with the plans, and specifications prepared by the Engineer, Walsh/Freese & Nichols, Inc., Pearland, Texas, under the City of Pearland's inspection for the unit prices set forth on the attached bid sheet which bears our signature for identification. It is understood that, m the event any changes are ordered made in any part of the work, the unit prices bid shall apply as additions to or deductions from the total prices for the parts of the work so changed. The bidder binds himself upon acceptance of his proposal to execute a contract and furnish performance bond and payment bond each in the amount of one hundred percent (100%) of the total contract price, according to the specified forms within fifteen (15) days after notification of award of contract, for performing and completing the said work within the time stated, and furmshmg a satisfactory maintenance bond mdemnifymg the Owner against defective workmanship and material for a penod of one (1) year. The undersigned bidder agrees to commence work within ten (10) days after the date of a wntten notice to commence work. It is understood and agreed that the Contractor shall complete the work withm 90 calendar days. Time for completion shall begin on the tenth day after the issuance of the notice to commence work. C - 1/4 BID 2002 - 018 BID SHEET GARDEN ROAD WATER DISTRIBUTION IMPROVEMENTS WFN 00-701 SECTION "A" - WATER MAIN ITEM BID UNIT NO. ITEM DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1 Clear & Grub Prepare R.O.W. Incl. and Removal of Asph/Conc. Pav't as Called %)C00, e) in Plans 50n out LS 1.00 i() coo 2 12" PVC 18, C 900) Water Backfill, Main Incl. in (DR Excavation, Open Cut incl. Bedding, Pav't & Repair LF 5,700.00 '2.1, 00 I6t D0, OD J11 3 8" PVC (DR 18, C 900) Water Main Backfill, Incl. in Excavation, Open Cut Bedding, & LF 20.00 '2.�, no y� 1-1 VT o,oc 4 12" PVC (DR 18, C 900) Water d Main in Uncased Bore Hole LF 854.00 t0,00 q)'2e'`1 ice 5 Fire Hydrant w/ 6" PVC Lead EA 12.00 1 2GD 14-j )-1 OO.OD 10Ci 6 12" Gate Valve w/ Box EA 4.00 I) )1-0 Do 14) IS90.00 , 7 8" Gate Valve Box EA 1.00 1) 0. 00 G J a o o w/ 8 6" Gate Valve w/ Box EA 12.00 xgD.00 i4) 02)0.Cc 'WWD, OC 9 12" x 6" Tee EA 12.00 lW S 1 /-0, /4 10 12" -45 Bend EA 6.00 4 2, 00 ti (P52. QC 11 8" Plug and Clamp EA 1.00 L060<00 L05a,OC • 12 Remove Exist. Plug & Connect to 4 DO Exist. Line EA 4.00 SO 5.120 It , , 13 Remove Relocate Fence to Prop. and R.O.W. Line w/ New Posts (All Types) LF 1,200.00 la OD IZ,0L.00 14 Trench 05- Z86-t 00 Safety LF 5,700.00 . 15 Site Necessary Restoration Ditch, incl. Shoulder, Clean Up, Berm Re- grading, Hydromulching, & Block Sodding LS 1.00 j) oco,c0 i)0001! C9 SUBTOTAL SECTION "A" 'zl-{q) (.9Zl co , C - 2/4 • SECTION "B" - EXTRA WORK To be done where authorized by Engineer and in quantities to be authorized. Contractor shall provide unit prices ONLY for this Section. • • ITEM NO. ITEM DESCRIPTION 1 UNIT BID QUANTITY UNIT PRICE • AMOUNT 1 2 3 4 5 Extra Labor (Unskilled) Extra Labor (Skilled) Extra Excavation (Machine) Extra Ductile Iron Fittings Extra Cement Stabilized Sand, in Place Man Hr Man Hr CY TN CY SIPPED ANIS teI4.o0 5-5.00 160.00 '&c1.O() 160600 IMIIII UM SUBTOTAL SECTION "B" $4,000.00 BID SUMMARY S ECTION "A" - WATER MAIN S ECTION "B" - EXTRA WORK TOTAL BID BIDDER: $ 2.A61 j u)21.4TJ $ 4.000.00 $ 26'? l 021,CO orcooltewS% ( . BY: 1 oioi to Wass ADDRESS:. rs(X to I-D021- NouS-OJ)D( 4 toF TELEPHONE: n'-t /4 O DATED: ` 11 - O 2. Secretary of orporation (Corporate seal if Bidder is Corporation) Receipt and Acknowledgement of the following Addendum to TECHNICAL SPECIFICATIONS and PLANS are hereby made: Addendum No: Dated: Addendum No: Dated: STATEMENT OF MATERIALS AND OTHER CHARGES Pursuant to the Texas State Tax Code, contracts must be separated for materials to be exempt from the sales tax. The following information is provided to qualify as a separate contract. Materials Incorporated Into the Project: • All Other Charges: $ (o O J 12 0.00 $ 4VS)6O\.Do Total: $ 25 3) (011, 0 File:A:gardenbs C - 4/4 0 a s W ie 030 6 way. a2. 1°Co pry au`vm • 0 z • s 008 cfliz .4011 1 8 8 $ 8 8 8 8 8 8 8 8 8 8 8 8 O z 8 k c g 8 8 gg3g g 8 g 8 8 w 1 t _ 8 $ _ 8. S 8 8 u' $ $ 8 8 $ 8 8. S, 8 .3S gx R a " Po. a a “ g" 8 8 8 8$ 8$ m 8 8 8 8 8 8 8 8 > 8 8 g 3 g 8 g g g 8 § g» " " » a x " a « " a « » " E " o P--1 as 8 10 J 8 s a 8 m g 8 8 8 8 8 R ?ARM 4,1 8 8 8 8 0 8 8 8 8 8 8 8 88 • ry s s 8 8 8 8$ 8 « « a 4 x .a " « » 8 8 8 8 8 8 8 RRRINggg « 8 8 8 8 R 8 8 •a " 0• 0 a w a n 8 $ 8 8 8 8 8 8 x " 8 8 8 § s 8 8 08 8 8 8 g 8g 8 8 8 8 8 8 R » » g r a x g» g s § "" $ 8 8 8 8 8 8 8 • 8 8 8 R 8 8 kn.R " 8 8 8 ra to x 4 N 2 » » S 3 8 8 8 8 8 8 8 8 8 8 » 8 g 8 8 g f 8» 0 g 0 0 0 0 8 S 8 8 8 8 e 8 a 8 0 8 s 8$ 8 z os, a » » « a » x « a » 0 + 2 —8 8 8 8 8 m 8 g 8g 8 8 8 I�w 0 8 R i x A« g 2 8. 8 8 8 8 8 8 8 8 8 8 8 $ 8 8 8 S z_ __-S $•8$ 8 8. 8 8 a a 8 s s a ti 2 » "» 3 a" x vi « » a ma --8 8 $ 8 8 8 8 8 8 8$ 8 a • IiQ 8 » R g g i" 8 8 » L 0 g x @@@@8 8 8 8 8 8 8 8 8 8 8 8 A gEEEE " i1i1 Qa g 8 8 R « 8 8 8 $ Na s « 8 8 8 8 8 8 8 8 8 8 8" » S R » R « 8 " 8 a 4" 8 8. 8 8 8 8 8 8 8 8 8 8 g l S g E« « " " R 8 8 8 » " 8 8 8 8 %" 4. a" 8 8 8 8. 8 8 8 8 8 8 » » " 8 » 8 8" » m 8 8 S Ri 8 8 8 8.8 ^ 4 rI 8 etj 1:4 8 8 8 8 8 8 8 8 .", 5 6 6 6 6 6 6 w 6 5 3 2 U ° �u• �°, 41 Is grip yx 0 s h tlm n.� SyQi U k c t'sm M a 4 a o m Q33 + 5�Z'1i 4 V V 0I0 gs3 U m b y rg,g ^ 3 off=o -; o a 1/4'21 2 a 5FF t1 u; bam !A ti 3 F. _ a� Yq� LL b gg2 t o Q a 8 F 81 b v a g; b K C¢ 33 .4 y DM a 9j t. She 34 a/ Y i 15 0 pp Az! UFO W U 2 "I" +; �� a • $'4k Q , CO co !ygIrds 6" BID SUMMARY l 8 88 8 8 8 3 8. a « d 8 8 3 g a 8 8 8 g a a 5378.469.00 ict 8 8 g 8 8 R 8 cm CITY OF PEARLAND, TEXAS SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONSTRUCTION OF GARDEN ROAD WATER DISTRIBUTION IMPROVEMENTS B 2002 - 018 JANUARY 2002 Prepared by: Walsh/Freese & Nichols, Inc. 2010 East Broadway Pearland, Texas 77581 (281) 485-2404 WFN 00-701 OW 0 Ore *:' P*J t� of... r5P''•. 1 l� '•s111 MEHRAN BAVARIAN i 1 or. gyp, �..: ,tk�S/OiLvAi ENG\- ,<� A - .. tz-pa Pe kJ* i - 3o—oz CITY OF PEARLAND CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS FOR CONSTRUCTION OF GARDEN ROAD WATER DISTRIBUTION IMPROVEMENTS B 2002 - 018 TABLE OF CONTENTS A. NOTICE TO BIDDERS B. INSTRUCTIONS TO BIDDERS C. PROPOSAL D. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR E. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE F. GENERAL AND SPECIAL CONDITIONS G. TECHNICAL SPECIFICATIONS ITEM 1 INSTALLATION OF WATER MAINS ITEM 2 TRENCHING AND SHORING SAFETY REQUIREMENTS APPENDIX "A" SPEC 11-FICATIONS FOR MATERIALS FOR WATER MAINS & APPURTENANCES APPENDIX "B" WATERLINE/NEW SEWER LINE SEPARATION SECTION A NOTICE TO BIDDERS NOTICE TO BIDDERS CITY OF PEARLAND, TEXAS BID NO. B2002-018 Sealed bids will be received, in duplicate, marked "WATER DISTRIBUTION IMPROVEMENTS", BID NO. B 2002 - 018 in the office of the Purchasing Officer, the City of Pearland, City Hall, 3519 Liberty Drive, Pearland, Texas 77581, until 3:00 p.m., March 14, 2002, at which time they will be publicly opened and read aloud for the furnishing of: This project will entail: GARDEN ROAD WATER DISTRIBUTION IMPROVEMENTS B2002-018 Installation of approximately 6,600 LF of 12' PVC DR 18 C900 water lines as shown on the plans with all related appurtenances, complete, tested and operational. Special Provision* Contractor shall install the water line between stations 4+21 and 8+52 after installation of rest of project. Information and Bid Documents: Copies of Contract Documents and Technical Specifications and Plans are on file at the following locations for review: City of Pearland City Hall, Purchasing Department 3519 Liberty Drive Pearland, Texas 77581 AGC of Texas 2400 Augusta, Suite 180 Houston, Texas 77057 (281) 652-1668 (713) 334-7100 A - 1/2 Dodge Reports 3131 Eastside, Suite 300 Houston, Texas 77098 (713) 529-4895 These documents may be examined without charge at the above locations. Bidders may obtain a complete set of the Contract Documents, Special Provisions to Specifications and Plans from the Office of Engineer, Walsh/Freese & Nichols, 2010 E. Broadway, Pearland, Texas 77581, upon request and amount of $50.00 per set. No partial sets will be issued. There will not be any refund for plan sets. No bid may be withdrawn or terminated for a period of sixty (60) days subsequent to the opening date without the consent of the City of Pearland. Bidder's Bond, Cashier's Check, or Certified Check payable to the City of Pearland in the amount of 5% of the total bid price must accompany each proposal. The City of Pearland reserves the right to reject any or all bids, or to accept any bid deemed advantageous to it. The successful bidders must furnish Performance, Payment, and Maintenance Bonds as required by law (Article 5160, Vernon s Texas Civil Statutes, as amended) upon an acceptable form in the amount of one hundred percent (100%) of the contract price such bonds to be executed by a corporate surety duly authorized to do business in the State of Texas, and named on the current list of "Treasury Department Circular No. 570", payable to the City of Pearland, Texas Contractor must certify that his firm or subcontractor does not and will not maintain any facilities he provides for his employees in a segregated manner or permit his employees to perfonui their services at any location under his control where segregated facilities are maintained. All communications relative to this project shall be directed to the Engineer, Walsh/Freese & Nichols, Inc., 2010 E Broadway, Pearland, Texas 77581, 281-485 2404. Date Gordon Island Purchasing Officer SECTION B INSTRUCTIONS TO BIDDERS INSTRUCTIOI\ TO BIDDERS Receipt of Bids: Bids will be received until 3:00 p.m., March 14, 2002, in the office of the Purchasing Officer, under conditions set forth in the published Notice to Bidders. Information and bidding documents are obtainable from the Purchasing Officer under conditions set forth in the published Notice to Bidders. Discrepancies and Interpretation: Notify the City Engineer and Walsh/Freese and Nichols in writing at least five (5) days prior to bid date if discrepancies, ambiguities or omissions are found in the Specifications or Drawings or if further information or interpretation is desired. Answers will be given in writing to all Bidders in addendum form. All provisions and requirements of such addenda will supersede or modify affected portions of Specifications or Drawings. All addenda will be incorporated in and bound with the contract documents. No other explanation or interpretation will be considered official or binding. Mailing Procedure: Submit Proposal and Bid Check or Bond in an opaque sealed envelope. Identify the envelope with the project name and the name and mailing address of the Bidder. Proposals may not be modified after submittal. Bidders may withdraw Proposal at any time prior to the advertised bid opening time but may not resubmit a Proposal once it has been withdrawn. Proposals received after the advertised time set for opening will be ineligible and will be returned unopened. Proposal: Submitted Proposal shall be based on conditions at the project site, the Specifications, the Drawings and any addenda to Specifications and/or Drawings issued prior to opening of bids. Authoritatively execute and submit bid Proposal form furnished with the Bid Documents to insure complete unifon pity of wording. Proposal showing omissions, alterations of wording, conditional bids, or carrying riders or qualifications which modify the proposal as submitted will be rejected as irregular. Submit Proposal in duplicate. Two copies of the Proposal foal' which are not bound in the B-1 /4 Specifications are furnished for the Bidders use in submitting his bid. The Proposal Founn bound in the Specifications is for the Bidder's infoiniation and is not to be completed. Each bidder shall submit only one Proposal; if two or more Proposals are submitted by any bidder, either in one envelope or in separate envelopes, then such Proposals will be subject to rej ection. Proposal amounts may not be amended or modified in any manner after the time set for bid opening in the published invitation to Bidders. Under no circumstances will the bidder be permitted to alter his bid after it has been read. The City of Pearland reserves the right to reject any or all Proposals submitted, or to award the Contract to the Bidder who, in the City's opinion, offers the most advantageous proposal for the purpose intended. Financial Statement: The bidder will be required by the Owner to furnish a financial statement. Proposal Guaranty: A Certified or Cashier's Check on a State or National Bank in the State of Texas, or a Bidder's Bond from an acceptable Surety Company authorized to transact business in the State of Texas, in the amount of not less than five percent (5%) of the greatest total amount of the Bidders' Proposal, payable without recourse to the order of the City of Pearland must accompany each proposal as a guarantee that if awarded the Contract, the bidder will promptly enter into Contract and execute Performance and Payment Bonds on the forms provided. Should the successful Bidder fail to execute Contract and Bonds within fifteen (15) days after notifications of award of Contract, said check or bidder's bond shall become the property of the Owner as set forth in Paragraph 2.05 of the General Conditions of Agreement. Qualifications of Bidder: The Owner will make such investigations as he deems necessary to detertuine the ability of the Bidder to perform the work, and the Bidder may furnish to the Owner all such infoiniation and data for this purpose as the Owner may request. The owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Ownei that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. B-2/4 Performance and Payment Bonds: The successful bidder to whom the Contract is awarded will be required to furnish a Performance Bond and Payment Bond, as set forth in Paragraph 2.04 of the General Conditions of Agreement. Bond forms bound in the Specifications are included as information to the Bidder. Insurance: Before starting work, the successful bidder to whom the Contract is awarded will be required to obtain insurance coverage as set forth in Paragraph 2.07 of the General Conditions of Agreement. Site Investigation: Examination of project site, existing structures and adjacent property and familiarizing himself with existing conditions before he prepares and submits his Proposal is the responsibility of each bidder. After investigating the project site and comparing the Drawings and Specifications with the existing conditions, immediately notify the Engineer of any conditions, for which requirements of labor and material are not clear, or about which there are questions regarding the extent of the work involved. Should the successful Bidder fail to make the required investigation and should a question arise later as to the extent of the work involved in any particular case, then the decision shall be made by the Engineer as to proper interpretation of the Specifications and Drawings. It is understood that full and complete allowance for conditions under which the Contractor will be required to operate, or that will in any manner affect work under this Contract is included in the Bidder's Proposal and in the Contract Amount. Contract and Contract Form: The Contract form bound in the Specifications is included as information to the Bidder. It is not to be used in submitting a Proposal. The Owner agrees that the award of the Contract, if awarded, will be within fifteen (15) days after date of opening bids unless otherwise stated in the proposal State Sales Tax: The Owner qualifies for exemption from, the State and Local Sales Tax pursuant to the B-3/4 provisions of Article 10.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. The Contractor performing this Contract may purchase all materials, supplies, equipment consumed in the perfoiiiiance of this Contract by issuing to his suppliers an exemption certificate in lieu of the tax, said exemption certificate complying with State Comptroller of Public Accounts Ruling No. 95-0.07. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to the provision of the State Comptroller of Public Accounts Ruling No. 95-0.09 as amended to be effective October 2, 1968. Schedule of Minimum Wage Rates: The Contractor shall comply with the current prevailing wage laws and regulations. The minimum wages to be paid on this project shall be in accordance with classification and wages set forth in Section E Safety and Health Requirements: The Contractor shall comply with all requirements of the Safety and Health Regulations for construction and any other applicable sections of the Williams -Steiger Occupational Safety and Health Act of 1970 as well as other applicable Local, State and Federal Regulations. Neither the City of Pearland or the Director of Public Works will be responsible for advising the Contractor of specific requirement, nor for enforcing any requirements of the Occupational Safety and Health or other related Act. Utility Service for Construction: Water and other temporary utility services for construction purposes will be the Contractor's responsibility and at his expense. Required Peniiits: The Contractor shall be responsible to secure any required peiinit from local, state, and federal government. SECTION C PROPOSAL CONSTRUCTION OF GARDEN ROAD WATER DISTRIBUTION IMPROVEMENTS B2002-018 BID PROPOSAL (Submit in Duplicate) Dated: j-/ 9-0 .2_ The Honorable Mayor and Council City of Pearland 3519 Liberty Diive Pearland, Texas 77581 Gentlemen: Pursuant to the published Notice to Bidders, the undersigned bidder hereby proposes to do all the work and furnish all necessary superintendence, labor, machinery, equipment, tools and materials, and whatever else may be necessary to complete all the work included under the General Contract for the installation of approximately 6,600 LP of 12" PVC DR 18 C900 waterlines as shown on the plans (Special Provisions: Contractor shall install the water line between stations 4+21 and 8+52 after installation of rest of project) with all related appurtenances, complete, tested and operational, in accordance with the plans, and specifications prepared by the Engineer, Walsh/Freese & Nichols, Inc., Pearland, Texas, under the City of Pearland's inspection for the unit prices set forth on the attached bid sheet which bears our signature foi identification. it is understood that, in the event any changes are ordered made in any part of the work, the unit prices bid shall apply as additions to or deductions from the total prices for the parts of the work so changed. The bidder binds himself upon acceptance of his proposal to execute a contract and furnish performance bond and payment bond each in Ole amount of one hundred percent (100%) of the total contract price, according to the specified forms within fifteen (15) days after notification of award of contract for performing and completing the sad work within the time stated, and furnishing a satisfactory maintenance bond indemnifying the Owner against defective workmanship and material for a period of one (1) year. The undersigned bidder agrees to commence work within ten (10) days after the date of a written notice to commence work. It is understood and agreed that the Contractor shall complete the work within 90 calendar days. Time for completion shall begin on the tenth day after the issuance of the notice to commence work. C - 1/4 BID 2002 - 018 BID SHEET GARDEN ROAD WATER DISTRIBUTION IMPROVEMENTS WFN 00-701 SECTION "A" - WATER MAIN ITEM NO. ITEM DESCRIPTION 1 2 Clear & Grub and Prepare R.O.W. Incl. Removal of Asph/Conc. Pav't as Called out in Plans 3 12" PVC (DR 18, C 900) Water Main Inc, Excavation, Bedding, & Backfill, in Open Cut incl. Pav't Repair 8" PVC (DR 18, C 900) Water Main Incl. Excavation, Bedding, & Backfill, in Open Cut 4 5 6 7 8 9 10 11 12 13 14 12" PVC (DR 18 C 900) Water Main in Uncased Bore Hole Fire Hydrant wl 6" PVC Lead 12" Gate Valve wl Box 8" Gate Valve w/ Box 6" Gate Valve w/ Box 12" x 6" Tee 12" -45 Bend 8" Plug and Clamp 15 Remove Exist. Plug & Connect to Exist. Line Remove and Relocate Fence to Prop. R 0 W Line w/ New Posts (All Types) Trench Safety UNIT Site Restoration incl. Clean Up, Necessary Ditch, Shoulder, Berm Re- grading, Hydromulching, & Block Sodding LS LF SUBTOTAL SECTION "A" EMEM LF LF EA EA EA EA EA EA EA EA LF LF LS C-2/4 • BID 1I UNIT QUANTITY JPRICE r.� 1.00 7500. 5,700.00 20.00 854.00 12.00 4.00 1.00 12.00 12.00 6.00 1.00 4.00 1,200.00 5,700.00 1.00 oC v /a. s- 07t oo /10o0, eo floe.' 55o. sie 00 Soo, 3co aoo.Do AMOUNT _ l Soo. cso / 9,2 SOO, 25O..—as 1 02135o.1±4 / 90400. (2.‘: 0� '17OO• 00 V 3"50• ' SOO. 9 .00.00I ov 000• -- /ao• 00 c28© 49'--1 d/600%1 ,s— po . (PQO0•�• ;3S 975. SECTION "B" - EXTRA WORK To be done where authorized by Engineer and in quantities to be authorized. Contractor shall provide unit prices ONLY for this Section. ITEMNO. 1 2 3 4 5 ITEM DESCRIPTION Extra Labor (Unskilled) Extra Labor (Skilled) Extra Excavation (Machine) Extra Ductile Iron Fittings Extra Cement Stabilized Sand, in Place SUBTOTAL SECTION "B" UNIT Man Hr Man Hr CY TN CY BID QUANTITY •1: UNIT PRICE go 3 �• ©` /co.° AMOUNT , $4,000.00 ATTEST: BID SUMMARY SECTION "A" - WATER MAIN SECTION "B" - EXTRA WORK 0/1 TOTAL BID 4,000,00 $ 39 47 5 v " BIDDER: llaelloc CoAJ ��i�kc ,;o COWebt, c. BY: 0 ADDRESS: 37219 CP it 7 -,c 7 - 5"23 TELEPHONE: c:)21 - /7(8 % —QV? ? DATED: Secretary of Corporation (Corporate seal if Bidder is Corporation) Receipt and Acknowledgement of the following Addendum to TECHNICAL SPECIFICATIONS and PLANS are hereby made: Addendum No: Dated: Addendum No: Dated: STATEMENT OF MATERIALS AND OTHER CHARGES Pursuant to the Texas State Tax Code, contracts must be separated for materials to be exempt from the sales tax. The following information is provided to qualify as a separa a contract. Materials Incorporated Into the Project: All Other Charges: Total: File:A:gardenbs C - 4/4 $ o0 .234,975. SECTION D STANDARD FORM OF AGREEMENT AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of r 'ij in the year 2002 by and between the City of Pearland, Texas (hereinafter called OWNER) and �+A MRR�, t ((;AY, kw, II ciAl Co. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: 6,600 LF of 12" PVC (DR 18, C900) Water line with related appurtenances, all completed, tested and operational Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: GARDEN ROAD WATER DISTRIBUTION IMPROVEMENTS B 2002 - 018 Article 2. ENGINEER. The Proj ect has been designed by Walsh /Freese and Nichols who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to the ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1. The Work will be substantially completed (lines passed pressure and disinfections tests) within 75 calendar days from the date when the Contract Time commences to run as provided in the General Conditions, and completed and ready for final payment in accordance with the General Conditions within 90 calendar days from the date when the Contract Time commences to run. Contract time will commence to run 10 days after the date of the written Notice to Proceed if not otherwise agreed upon. 3.2. Bonus for Early Completion. Upon demonstration of Final Completion, before the expiration of 90 calendar days, the Contractor shall be additionally compensated at an amount of $240.00 per day for every remaining calendar day not used of the contract. Such amount shall be a bonus and shall be added to the contract in addition to all other bid item amount earned under the terms of the construction documents. Final completion as used herein shall not be construed as ' substantial completion". All payments, waivers and 1 releases must have been made and executed; and a Certificate of Final Completion must have been issued by Walsh Engineering, Inc., or their assigns or successors. 3.3. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred Forty Dollars ($240 00) for each day that expires after the time specified for Substantial Completion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Two Hundred Forty Dollars ($240.00) for each day that expires after the time specified above for completion and readiness for final payment. Article 4. CONTRACT PRICE. 4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows: Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed by ENGINEER as provided m the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR S Applications for Payment as recommended by ENGINEER, on or about the 15th day of each month during construction as provided below All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Pay estimates must be in and approved by the first day of each month. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions. 2 90% of Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documents satisfactory to OWNER as provided in the General Conditions). 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER. Article 6. OMITTED Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, perfoiuiance or furnishing of the Work. 7.2. CONTRACTOR has studied carefully all reports of explorations and test of subsurface conditions and drawings of physical conditions, and accepts the determination set forth in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all known reports, studies and drawings which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigation, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4. CONTRACTOR has reviewed and checked all infoiuiation 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 3 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 perfoiui and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents 7.5. CONTRACTOR has correlated the result of all such observations, examinations, investigations, explorations, tests, reports, and studies with the tenus and conditions of the Contract Documents. 7.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 1 to 6 , inclusive). 8.2. Exhibits to this Agreement (pages 1 to 4 inclusive). (Contractor's Bid Proposal). 8.3. Performance and other Bonds, and Certificate of Insurance. 8.4. Proof of Insurance. 8.5. Notice of Award. 8.6. Specifications and Drawings bearing the title Garden Road Water Distribution Improvements, BOO- - as listed and included therein. 8.7. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the General Conditions. 8.8. The documents hsted in paragraphs 8.2 et seq. above are attached to this agreement (except as expressly noted otherwise above). 4 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. Tends used in this Agreement which are defined in the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS. None. (SEE NEXT PAGE) IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on OWNER City of Pearland, Texas BY City Manager ,�``��l1flBmill11r ' �yO [CORPORATE Jp\ R AHL.' . i• 0:0 Attest .®. Address for givingnotices RfAPe�R�A!. 3519 Liberty Drive Pearland, Texas 77588 Telephone 281-652-1600 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) v \ 6 • CONTRACTOR Haddock Construction Co. , Inc. [CORPORATE SEAL] Address for giving notices 3720 CR 48 ''.Rosharon, Texas 77583 License No. Telephone 281-489-2828 Agent for service of process: Mark Haddock (If CONTRACTOR is a corporation, attach evidence of authority to sign.) Merchants Bonding Company P.O BOX 26720 • AUSTIN, TX 78755-0720 PERFORMANCE BOND STATUTORY PERFORMANCE S GOVERNMENT ODE AS AMENDED 2253 OF THE TEXAS (McGregor Act -Public Works) (Penalty of this bond must be 100% of Contract amount) Bond No. TX 567652 KN OW ALL PERSONS BY THESE PRESENTS* That, Haddock Construction Co., Inc. (hereinafter called the Principal), as Principal, and MERCHANTS BONDING COMPANY (Mutual), a corpo- ration organizedwith its rincipai office in the City of Des and existing under the laws of the State of Iowa, Moines, (hereinafter called the Surety), as Surety, are held and firmly bound unto ty) City of Pearland, Texas Two Hundred Thirty -Nine Thousand Nine Hundred (hereinafter called the Obligee) in the amount of 239 975.00*** )� (h Dolla($Seventy-Five and no/QQ***administrators, executors, Principal and Surety bind themselves, and their heirs, al for the payment whereof, the P p successors and assigns, jointly and severally, firmly by these presents. certain written contract with the Obligee, dated the WHEREAS, the Principal has entered into a cent Improvements W Garden Road Water Distribution B 2002-018 day of , for fullyand to the same extent as if copied at is hereby which contract referred to and made a part hereof as length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall documents, then this accordance faithfully perform the work in with the plans, specifications and contractain in full force and effect. obligation shall be void; otherwise to rem to the provisions of Chapter 2253 of the PROVIDED, HOWEVER, that this bond is executed pursuant p fined in accordance with Texas Government Code as amended and all liabilities on this bond shall be deterrn saidthe same extent as if it were copied at length herein. the provisions of Article to and sealed this instrument this WHEREOF, IN WITNESS WHER , the Principal and Surety have signed 12th day of April 2002 Witness: Att (if Individual or Firm) Countersigned, if required: CON 0324 TX (9/00) Principal By: Haddock Construction Co., Inc. ME By: AN Mark S V DIN COMP Mutual) ith, Attorney -in -Fact (Seal) (Seal) Seal) MSC 0814 (1102) Merchants Bonding Company (Mutual POWER OF ATTORNEY Bond No. Know All Persons By These Presents, hat the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and hav'ng its principal office In the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Patsy Beall, Joseph C. Blackshear, Jr., G. C. Blystone, Jr., Betty A. Bush, Paula Dodson, Gen Johnson, A. A. Shotwell and/or Mark Smith of Texas City and State of Texas its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of. THREE MILLION ($3,000,000.00) Dollars and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By - Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992. ARTICLE 11, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE 11, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 2nd day of January 2002 . STATE OF IOWA COUNTY OF POLK ss. W COil• m���\�P 04):;.7 • . • f-? -0- III' • �' 1933 .• ' • y : c. . 0. .,. • b .� . • Ji • W r ''`• • •• MERCHANTS BONDING COMPANY (MUTUAL) By President On this 2nd day of January , 2002 . before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. RUTH K MCCLAIN Commission Number 201299 My Commission Expires February 19, 2004 STATE OF IOWA COUNTY OF POLK ss. cqa, x'Acchini Notary Public, Polk County, Iowa I, William Wamer, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 12th day of April, 2002. • . • • • • • • ;��.�RPOq °9'. • v • 9�•yc• • 1933 0• c: /• 'C•Y• % Secretary Merchants honcing Company Please send all notices of claim on this bond to: Merchants Bonding Company (Mutual) 6850 Austin Center Blvd., Suite 200 P. 0 Box 26720 Austin, TX 78755-0720 (512) 343 9033 Merchants Bonding Company P.O. BOX 26720 • AUSTIN, TX 78755-0720 PAYMENT BOND STATUTORY PAYMENT BOND ENTSCODEA AMENDEDCHAP ER (PenaltyOFTHETEXAS GOVERNMENT (Penalty of this bond must be 100% of Contract amount) Bond No. TX 567652 KNOW ALL PERSONS BY THESE PRESENTS: Haddock Construction Co., Inc. That, BONDING COMPANY (Mutual), a corporation T , as Principal, and MERCHANTS e in the City of Des Moines, (hereinafter called the gPrincipal), State of Iowa, with its principal office organized and existing under the laws of theand firmlybound unto g as Surety, are held (hereinafter called the Surety), City of Pearland, Texas the amount of o Hund red Thirty -Nine Thousand Nine Hundred (hereinafter called the Obligee) in 239, 975.00*** )� Seventy -Five and no/00*** Dollars ($ lves and their heirs, administrators, executors, whereof, the Principal and Surety bind themselves, for the paymenty, these resents. successors and assigns, jointly and several) firmly by p the intocertain written contract with the Obligee, dated WHEREAS, the Principal has entered a to Garden Road Water Distribution Im rovements B 2002-018 day of ► referred to and made a pad hereof as fully and to the same extent as if copied at which contract is hereby r length herein. SUCH, that if the Principal shall pay all 9 THE CONDITION OF THIS OBLIGATION IS S the work providedafor NOW, THEREFORE, or a subcontractor in the prosecution of claimants supplying labor and material to him Potherwise to remain in full force and effect. in contract,then, this obligation shall be void; otherw said is executed pursuant to the provisions of Chapter 2253 of the that this bond p ed in accordance with PROVIDED, HOWEVER, I liabilities on this Texas Government Code as amended and al bond shall be determined copied at length herein. said Chapter to the s the provisions of same extent as if it w P IN WITNESS 12th signed and sealed this instrument this day of WHEREOF, the Principal and Surety have Principal April , Witness: By: (if Individual or Firm) Haddock Construction Co., Inc. By: Countersigned, if required: B MEFj HAN BONDING COMPAf�Y (Mutual) Mark 'th, Attorney -in -Fact (Seal) (Seal) Seal) CON 0322 TX (9/00) Merchants Bonding Company (Mutual) POWER OF ATTORNEY Bond No. Know All Persons By These Presents, hat the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Patsy Beall, Joseph C. Blackshear, Jr., G. C. Blystone, Jr., Betty A. Bush, Paula Dodson, Geri Johnson, A. A. Shotwell and/or Mark Smith of Texas City and State of Texas its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: THREE MILLION ($3,000,000.00) Dollars and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By - Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992, ARTICLE 11, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE 11, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligationsof the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 2nd day of January , 2002 STATE OF IOWA COUNTY OF POLK ss. .•• III" ••• •• *Q\NG CO74 , ;cp•�RP0,q .q'. •Z CD 3 ec' 1933 • 000000 MERCHANTS BONDING COMPANY (MUTUAL) By President On this 2nd clay of January , 2002 . before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above wntten. RUTH K. MCCLAIN Commission Number 201299 My Commission Expires February 19, 2004 STATE OF IOWA COUNTY OF POLK ss. Oku% x'Aceb",), Notary Public, Polk County, Iowa I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 12th day of April, 2002. MSC 0814 (1/02) • • OWN". • CO. • ��gP0,9 .q• ' V q„A • SC • • _ a'• 1933 :'c. • • • 1 J. . ,Q3:44/ • 2/. , Secretary Merchants Bonding Company Please send all notices of claim on this bond to: Merchants Bonding Company (Mutual) 6850 Austin Center Blvd., Suite 200 P. 0 Box 26720 Austin, TX 78755-0720 (512) 343 9033 10. Merchants Bonding Company 2100 FLEUR DRIVE • DES MOINES, IOWA 50321-1158 MAINTENANCE BOND Bond No. TX 567652 KNOW ALL PERSONS BY THESE PRESENTS: That Haddock Construction Co., Inc. of Rosharonl Texas and the MERCHANTS BONDING COMPANY MUTUAL) of Des Moines, Iowa as Surety, as Principal, are held and firmly bound unto the City of Pcarlan , Texas in thepenalsum of Two Hundred Thirty -Nine Thousand Nine Hundred Seventy -Five & no/00*** ($239, 975 00*** DOLLARS, lawful money of the United States of America, for the payment of which,well and trulyto be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 2002 Signed and delivered this 12th day of April WHEREAS, the Princippal entered into a certain contract, dated the day of Cit of Pearland, Texas , with the y to furnish all the material and labor necessary for the construction of Garden Road Water Distribution Improvements B-2002-018 in conformity with certain specifications; and WHEREAS, a further condition of said contract is that the Principal should furnish a bond of indemnity, guaranteeingremedy to any defects in workmanship or materials that may develop in said work within a period of 1 years from the date of acceptance of the work under said contract; and WHEREAS, the above work has been completed and accepted and if not accepted will be automatically accepted upon the filing of this maintenance bond; and WHEREAS, the MERCHANTS BONDING COMPANY (MUTUAL) of Des Moines, Iowa for valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said obligee as aforesaid; NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal does and shall at the PnnciP al's own cost and expense, remedy any and all defects that may develop in said work, within the period of 1 years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. Haddock Construction Co., Inc. Principal MERCHANTS BONDING COMPANY (MUTUAL) By CON 0415 (9/00) Mark grajth, Attorney -in -Fact Merchants Bonding Company (Mutual) POWER OF ATTORNEY Bond No. Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office In the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Patsy Beall, Joseph C. Blackshear, Jr., G. C. Blystone, Jr., Betty A. Bush, Paula Dodson, Geri Johnson, A. A. Shotwell and/or Mark Smith of Texas Ctty and State of Texas its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: THREE MILLION ($3,000,000.00) Dollars and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By - Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3, 1992. ARTICLE 11, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE 11, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 2nd day of January , 2002 wwwwww : .►r"'2 -o- Z 0:3 • d' 1933 •y :c • .1 • t. STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) By President On this 2nd day of January , 2002 . before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, 1 have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. RUTH K MCCLAIN Commission Number 201299 My Commission Expires February 19, 2004 STATE OF IOWA COUNTY OF POLK ss. 4)4 x'Acebi,,, Notary Public, Polk County, Iowa I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 12th day of April, 2002. Secretary MSC 0814 (1/02) Merchants Bonding Company Please send all notices of claim on this bond to: Merchants Bonding Company (Mutual) 6850 Austin Center Blvd., Suite 200 P. O. Box 26720 Austin, TX 78755-0720 (512) 343 9033 ACORD CERTIFICATE OF LIABILITY INSURANCE CA I DATE(MMIDD/YY) DO-1 Il 04/22/02 PRODUCER Sullivan Insurance Agency, Inc. P.O Box 9 Pearland TX 77588-0009 Phone:281-485-2781 Fax:281-485-0943 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Haddock Construction Co., Inc. P.O. Box 1263 Friendswood TX 77549-1263 INSURER A: Continental Cas. Co. (CNA) INSURER B: Valley Forge Ins. Co. (CNA) INSURERC: IInlon Standard Insurance Co INSURER D: Firemans Fund INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR . MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY ATE (M/D) EFFECTIVE DATE POLICY LIMITS GENERAL LIABILITY EACH OCCURRENCE S1,0001000 A X COMMERCIAL GENERAL LIABILITY C172017862 07/01/01 07/01/02 FIREDAMAGE(Anyonefire) $ 50,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1, 0 0 0, 0 0 0 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PROT JEC LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1, 0 0 0, (Ea accident) 000 B X ANY AUTO C1036081175 07/22/01 07/22/02 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ 2,0001000 D X OCCUR CLAIMS MADE XYZ00084579606 07/01/01 07/01/02 AGGREGATE $ 2, 000, 000 $ DEDUCTIBLE $ RETENTION $ $ COMPENSATION AND X WL.WORKERS ORYiLIMITS UER C EMPLOYERS' LIABILITY NC2508252 07/14/01 07/14/02 E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 OTHER DESCRIPTION Policies, Additional OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS except Workers Insured where Compensation, required ADDED BY ENDORSEMENT/SPECIAL include by written PROVISIONS Certificate -holder contract. as an CERTIFICATE HOLDER N ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CITYP - 2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 THE EXPIRATIC DAYS WRITTEN City of Pearland NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BU SHALL 3519 Liberty Drive IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Pearland TX 77581 REPRESENTATIVES, , -'-IA ACORD 25-S (7/97) ORATION 1988 SECTION E LABOR CLASSIFICATION AND MINIMUM WAGE SCALE LABOR CLASSIFICATION AND MINIMUM WAGE SCALE 1. General: Articles 51-59a of the Revised Civil Statutes of Texas, passed by the 43rd Legislature Acts of 1933, page 91, Chapter 45 provides that any government subdivision shall ascertain the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft or type of workman or mechanic and shall specify in the call for bids and in the Contract the prevailing rate per diem wages which shall be paid for each craft type of workman. This Article further provides that the Contractor shall forfeit, as a penalty, to the City, County, or State, or other political subdivision, Ten Dollars ($10.00) per day for each laborer, or workman, or mechanic who is not paid the stipulated wage for the type of work performed by him as set up in the wage scale. The City of Pearland is authorized to withhold from the Contractor the amount of this penalty in any payment that might be claimed by the Contractor or subcontractor. The Act makes the Contractor responsible for the acts of the subcontractor in this respect. The Article likewise requires that the Contractor and sub -contractor keep an accurate record of the names and occupations of all persons employed by him and to show the actual per them wages paid to each worker and these records are open to the inspection of the City of Pearland. 2 Labor Classification and Minimum Wage Scale: General Decision Number TX980082 on labor classifications and wage scales is attached herein General Decision Number TX980082 S uperseded General Decision No. TX970082 S tate: TEXAS Construction Type: HEAVY County (ies) : BRAZORIA HARRIS_. WALLER FORT BEND MATAGORDA WHARTON GALVESTON MONTGOMERY FLOOD CONTROL AND WATER AND SEWER LINES, including. Breakwaters, Channels, Channel Cut-offs, Dikes, Drainage Projects, Flood Control Projects Irrigation Projects Jetties, Land Drainage (not incidental to other construction), Land Leveling (not incidental to other construction), Land Reclamation, Levees, P ipelines Ponds Pumping Stations (prefabricated drop - in not building) Revetments, Sewage Collection and Disposal L ines, Sewers (Sanitary, Storm, etc.), Shoreline Maintenance Water Mains and Water Supply Lines (not incidental to building). Modification Number Publication Date 0 02/13/1998 1 05/29/1998 TX980082 - 1 05/29/199B COUNTY (i e s) : BRAZORIA FORT BEND GALVESTON HARRIS MATAGORDA MONTGOMERY * SUTX2045A 03/26/1998 ASPHALT RAKER ASPHALT SHOVELER BATCHING PLANT WEIGHER CARPENTER CONCRETE FINISHER -PAVING CONCRETE FINISHER -STRUCTURES CONCRETE RUBBER ELECTRICIAN FLAGGER FORM BUILDER(STRUCTURES) FORM LINER -PAVING & CURB FORSETTER (PAVING/CURB) FORM SETTER -STRUCTURES LABORER -COMMON LABORER -UTILITY L INEPERSON MANHOLE BUILDER (Brick) MECHANIC O ILER S ERVICER PAINTER -STRUCTURES P ILEDRIVER P IPE LAYER ASPHALT DISTRIBUTOR ASPHALT PAVING MACHINE BROOM OR SWEEPER OPERATOR BULLDOZER CONCRETE CURING MACHINE CONCRETE FINISHING MACHINE CONCRETE JOINT SEALER CONCRETE PAVING FLOAT CONCRETE PAVING SAW CONCRETE PAVING SPREADER S LIPFORM MACHINE OPERATOR CRANE, CLAMSHELL, BACKHOE, D'LINE, SHOVEL CRUSHER/SCREENING PLANT FOUNDATION DRILL OPERATOR, MOUNTED FOUNDATION DRILL OPERATOR TRUCK MOUNTED FRONT END LOADER MILLING MACHINE OPERATOR MIXER MOTOR GRADER (FINE GRADE) DERRICK, CRAWLER TX980082 - WALLER WHARTON Rates 8.28 7.45 11.11 10.35 9.87 9.86 9.00 16.15 6.66 9.96 9.03 8.86 9.05 7.45 8.53 7.50 8.49 11.38 9.56 9.51 14.00 10.96 8.49 9.47 10.05 8.01 9.91 8.80 11.79 10.50 9.30 10.01 9.32 9.20 11.35 11.00 12.59 12.73 9.29 10.43 7.94 11.11 Fringes 2 05/29/1998 MOTOR GRADER PAVEMENT MARKING MACHINE ROLLER, STEEL WHEEL PLANT MIX PAVEMENTS ROLLER STEEL WHEEL OTHER FLATWHEEL OR TAMPING ROLLER, PNEUMATIC, SELF PROPELLED SCRAPER - TRACTOR -CRAWLER TYPE TRACTOR -PNEUMATIC TRAVELING MIXER TRENCHING MACHINE -LIGHT TRENCHING MACHINE -HEAVY WAGON -DRILL, BORING MACHINE REINFORCING STEEL SETTER (PLANING) REINFORCING STEEL SETTER STRUCTURES S TEEL WORKER -STRUCTURAL S IGN ERECTOR S PREADER BOX OPERATOR WORK ZONE BARRICADE S IGN INSTALLER TRUCK DRIVER -SINGLE AXLE LIGHT TRUCK DRIVER -SINGLE AXLE HEAVY TRUCK DRIVER -TANDEM AXLE SEMI TRAILER TRUCK DRIVER-LOWBOY/FLOAT WELDER 10.67 7.45 9.25 7.61 7.96 8.69 10.12 8.99 9.35 10.50 13.56 10.15 12.50 12.47 10.35 10.06 9.08 7.45 7.45 8.15 8.76 8.00 11.29 10.43 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (v)) . In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS l.) Has there been an initial decision in the matter? This can be• an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling TX980082 - 3 05/29/1998 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, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U .S Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party s position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U . S. Department of Labor 200 Constitution Avenue, N. W. W ashington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION TX980082 - 4 05/29/1998 SECTION F GENERAL AND SPECIAL CONDITIONS TABLE OF CONTENTS FOR GENERAL CONDITIONS OF AGREEMENT 1. DEFINITION OF TERMS 1.01 AGREEMENT GC-1 1.02 BID GC-1 1.03 BIDDER GC-1 1.04 CALENDAR DAY GC-1 1.05 CHANGE ORDER GC-1 1.06 CITY GC-1 1.07 CITY COUNCIL GC-1 1.08 CONTRACT GC-1 1.09 CONTRACT DOCUMENTS GC-1 1.10 CONTRACTOR GC-2 1.11 DRAWINGS GC-2 1.12 ENGINEER GC-2 1.13 EXTENDED DAY GC-2 1.14 INSPECTOR GC-2 1.15 LABORATORY GC-2 1.16 MAYOR GC-2 1.17 OWNER GC-2 1.18 PROJECT GC-2 Page 1 TABLE OF CONTENTS 1.19 SHOP DRAWINGS 1.20 PAYMENT BOND 1.21 PERFORMANCE BOND 1.22 PROPOSAL 1.23 PROPOSAL GUARANTY 1.24 SPECIFICATIONS 1.25 SUBCONTRACTOR 1.26 SUBSTANTIAL COMPLETION 1.27 SUPERINTENDENT 1.28 SURETY 1.29 STANDARD ABBREVIATIONS 1.30 WORK 1.31 EXTRA WORK 1.32 SUPPLEMENTAL AGREEMENT GC-2 GC-2 GC-2 GC-3 GC-3 GC-3 GC-3 GC-3 GC-3 GC-3 GC-3 GC-4 GC-4 GC-4 2. AWARD AND EXECUTION OF CONTRACT 2.01 CONSIDERATION OF PROPOSALS 2.02 AWARD OF CONTRACT 2.03 RETURN OF PROPOSAL GUARANTIES 2.04 EXECUTION OF CONTRACT, PERFORMANCE AND PAYMENT BONDS 2.05 FAILURE TO EXECUTE CONTRACT, PERFORMANCE AND PAYMENT BONDS T-2 Page 2 GC-4 GC-4 GC-4 GC-4 GC-5 TABLE OF CONTENTS 2.06 BEGINNING OF WORK 2.07 INSURANCE 3. SCOPE OF WORK 3.01 INTENT OF SPECIFICATIONS AND DRAWINGS 3.02 CHANGES AND ALTERATIONS 3.03 FINAL CLEANING UP 4. CONTROL OF THE WORK 4.01 AUTHORITY OF THE ENGINEER 4.01 DRAWINGS 4.03 COORDINATION OF SPECIFICATIONS AND DRAWINGS 4.04 COOPERATION OF CONTRACTOR 4.05 CONSTRUCTION STAKES 4.06 INSPECTION 4.07 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK 5. CONTROL OF MATERIALS AND QUALITY WORK 5.01 SOURCES OF SUPPLY GC-8 & 9 5.02 SAMPLES AND TESTS OF MATERIALS GC-9 5.03 INSPECTION AND TESTING OF EQUIPMENT OF WORK GC-9 GC-5 GC-5 & 6 GC-6 GC-6&7 5.03 INSPECTION AND TESTING OF EQUIPMENT AND DEFICIENT WORK 5.05 STORAGE OF MATERIALS T-3 Page 3 GC-7 GC-7 GC-7 GC-8 GC-8 GC-8 GC-8 GC-8 GC-10 GC-9 & 10 TABLE OF CONTENTS 5.06 DEFECTIVE MATERIALS 6. LEGAL RELATIONS AND RESPONSIBILITIES 6.01 LAWS TO BE OBSERVED 6.02 PERMITS AND LICENSES 6.03 SANITARY PROVISIONS 6.04 PATENTED DEVICES AND PROCESSES 6.05 RESPONSIBILITY FOR DAMAGE CLAIMS 6.06 CONTRACTOR'S RESPONSIBILITY FOR WORK 6.07 WAIVER OF LIEN 7. PROSECUTION AND PROGRESS 7.01 SUBLETTING OR ASSIGNING OF CONTRACT 7.02 PROSECUTION OF WORK 7.03 WORKMEN AND EQUIPMENT 7.04 TEMPORARY SUSPENSION OF WORK 7.05 CONTRACT TIME 7.06 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME GC-12 & 13 7.07 ABANDONMENT OF WORK OR DEFAULT OF CONTRACT 8. MEASUREMENT AND PAYMENT 8.01 MEASUREMENT OF QUANTITIES T-4 Page 4 GC-10 GC-10 GC-10 GC-10 GC-10 GC-10 GC-11 GC-11 GC-11 GC-11 GC-11 GC-12 GC-12 GC-13 GC-13 TABLE OF CONTENTS 8.02 SCOPE OF PAYMENT GC-13 8.03 ADJUSTMENT FOR CHANGES IN WORK GC-13 & 14 Sc 15 8.04 PARTIAL PAYMENTS GC-16 8.05 PAYMENT WITHHELD GC-16 & 17 8.06 ACCEPTANCE AND FINAL PAYMENT GC-17 9. GUARANTEE 9.01 GUARANTEE GC-17 T-5 Page 5 GENERAL CONDITIONS OF AGREEMENT 1.00 DEFINITION OF TERMS Wherever in these General Conditions of Agreement or in other Contract Documents, the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows: 1.01 AGREEMENT. The written agreement between the OWNER and the CONTRACTOR covering the Work to be performed, including the CONTRACTOR S Bid and the Bonds. 1.02 BID. See Proposal. 1.03 BIDDER. An individual, firm, or corporation of any combination thereof submitting a proposal. 1.04 CALENDAR DAY. Any day of the week or month, no days being excepted. 1.05 CHANGE ORDER. A written order to the CONTRACTOR signed by the OWNER authorizing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement. 1.06 CITY. The incorporated City of Pearland, Brazoria County, Texas. 1.07 CITY COUNCIL The elected officials of the City. The Mayor and five (5) Councilmen, who have the legal authority sitting as a Council to accept or reject any or all proposals submitted for the work. 1.08 CONTRACT. See Agreement. 1.09 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to Bidders, Instruction to Bidders, Proposal, signed Agreement, Performance and Payment Bonds, Special Bonds, (when required), proof of insurance, General Conditions of the Agreement, Special Conditions, Technical Specifications, plans, and all modifications thereof incorporated in any of the documents before the execution of the agreement The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement (if any), Notice to Bidders, Technical Specifications, Plans, and General Conditions of Agreement. GC-1 Page 6 1.10 CONTRACTOR. The individual, firm or corporation or any combination thereof, whose proposal is accepted and with whom the agreement is made by the OWNER. 1.11 DRAWINGS. The drawings and plans which show the character and scope of the work to be performed and which have been prepared or approved by the ENGINEER and are referred to in the Contract Documents 1.12 ENGINEER. The City Engineer of the City of Pearland, Texas, or his authorized representatives. 1.13 EXTENDED DAY. An extended day is defined as a calendar day, in which conditions described in Paragraph 7.05 will not permit the performance of the principal unit of work underway for a continuous period of not less than Six (6) hours between 8 00 a.m. and 5:00 p.m. 1.14 INSPECTOR. The authorized representative of the Engineer assigned to inspect any and all parts of the work and the materials to be used therein. 1.15 LABORATORY. Any testing laboratory that may be designated or approved by the ENGINEER. 1.16 CITY MANAGER. The appointed official who presides over the City business of the City of Pearland, Texas and who is empowered to execute the Agreement for the City provided that the Council shall have accepted the Proposal by a majority vote. 1.17 OWNER. City of Pearland, Texas. 1.18 PROJECT. The entire work to be performed as provided for in the Contract Documents. 1.19 SHOP DRAWINGS. All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor and which illustrates the equipment, material, or some portion of the work. 1.20 PAYMENT/MAINTENANCE BOND. The security furnished by the Contractor and the Surety in the full amount of the Contract for the protection of all claimants supplying labor and material in the prosecution of the work. 1.21 PERFORMANCE BOND. The security furnished by the Contractor and the Surety in the full amount of the Contract as a guaranty that the Contractor will faithfully perform the Contract and save harmless the Owner from all cost and damage which the Owner may suffer by reason of the Contractor' s default or failure to do so. GC-2 Page 7 1.22 PROPOSAL. The offer of the Bidder, made out on the prescribed form, giving prices for performing the work described in the Specifications and drawings. 1.23 PROPOSAL GUARANTY. The security designated in the Proposal and furnished by the Bidder as a Guaranty that the Bidder will enter into a Contract and make the required bonds if his proposal is accepted. 1.24 SPECIFICATIONS. The directions, provisions and requirements for the work, attached to and forming a part of the Specifications. 1.25 SUBCONTRACTOR The individual, firm, or corporation, having a direct contract with the Contractor, approved by the OWNER, for the performance of a part of the work at the site of the work. 1.26 SUBSTANTIAL COMPLETION. By the term "substantial completion" is meant that the facility is in condition to serve its intended purpose but still may require minor miscellaneous work and adjustment 1.27 SUPERINTENDENT. The authorized representative of the Contractor at the site of the work. 1.28 SURETY. The corporate body which is bound with the Contractor for the faithful performance of this work covered by the Contract and payment of due and unpaid claims arising thereunder. 1.29 STANDARD ABBREVIATIONS. A. ASTM. B. AASHO. C. ASA. D. API. E. AWS. F. NEMA. G. EEI. H. IES. I. UL J. AAI. K. AWG. L BPR. M. IMSA. N. ITE O. NBFU. P. NEC GC-3 American Society for Testing Materials. American Association of State Highway Officials. American Standards Association. American Petroleum Institute. American Welding Society. National Electrical Manufacturers Association. Edison Electric Institute. Illuminating Engineering Society. Underwriters Laboratory, Inc. American Association of Nurserymen. American Wire Gage The United States Bureau of Public Roads. International Municipal Signal Association Institute of Traffic Engineers. National Board of Fire Underwriters. National Electrical Code (Published by NBFU.) Page 8 Q. AWWA. American Water Works Association. 1.30 WORK The Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the Contract Documents. Unless otherwise specified, all material shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 1.31 EXTRA WORK. The term "Extra Work" as used in this contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations", herein. 1.32 SUPPLEMENTAL AGREEMENT. Written agreement entered into between the Contractor and the City and approved by the Surety, covering alterations and changes in plans which are necessary to the proper completion of the work. 2.00 AWARD AND EXECUTION OF CONTRACT 2.01 CONSIDERATION OF PROPOSALS. The proposals will be opened and read in public and referred to the City Council for action. Until the award of the Contract is made, the right will be reserved to reject any or all proposals and to waive such techmcahties as may be considered for the best interest of the City. 2.02 AWARD OF CONTRACT. The award of the contract, if it be awarded, will be made within ten (10) days after the opening of bids unless otherwise stated in the proposal. 2.03 RETURN OF PROPOSAL GUARANTIES. Proposal guaranties of the three lowest bidders may be retained until after the contract and bonds have been executed. Proposal guaranties of all except the three lowest bidders will be returned within ten (10) days after the public opening and reading of the proposals. 2.04 EXECUTION OF CONTRACT PERFORMANCE AND PAYMENT/MAINTENANCE BONDS. Within ten (10) days after written notification of award of contract, the successful bidder shall execute and file with the City a Contract and Performance and Payment/Maintenance bonds each in the full amount of the Contract price, the bonds to be executed by a Surety Company authorized to do business in the State of Texas, as a guarantee of the faithful performance of the Contract and the payment of all obligations which may be incurred for material GC-4 Page 9 and labor used in the performance of the work. The Contract will be executed on behalf of the City by the Mayor. a. If any Surety upon any bond furnished in connection with the contract becomes insolvent, or otherwise not authorized to do business in this State, the Contractor shall promptly furnish equivalent security to protect the interests of the City and of persons supplying labor or materials necessary to prosecution of the work contemplated by the Contract. b. The bonds shall be written to remain in force until expiration of the guarantee period which is one (1) year after acceptance of the completed work by the City The Contractor shall pay the premiums on the required bonds and shall include this cost in his proposal and Contract amounts. 2.05 FAILURE TO EXECUTE CONTRACT AND FILE PERFORMANCE AND PAYMENT BONDS. Should the successful bidder fail to execute and file the Contract and required bonds within fifteen (15) days after written notification of the award of the Contract, the Proposal Guaranty filed with the Proposal shall become the property of the City, not as a penalty, but as liquidated damages. 2.06 BEGINNING OF WORK. The Contractor shall begin work within ten (10) days after receipt of written authorization by the Engineer to do so. 2.07 INSURANCE The Contractor shall not commence work under this Contract until he has obtained insurance of the type and for the amounts as follows and has filed and had the same approved by the City. Approval of the insurance by the City shall not relieve or decrease the liability of the Contractor. (1) Unless otherwise provided for in the Specifications, the Contractor shall provide and maintain, until the work covered in this contract is completed and accepted by the Owner, the minimum insurance coverage, as follows: TYPE OF COVERAGE LIMITS OF LIABILITY A. Workmen's Compensation Statutory B. Employer's Liability $500,000 C. Comprehensive General Liability 1. Bodily Injury $1,000,000 $1,000,000 Each person Each Occurrence 2. Property Damage $1,000,000 $1,000,000 Each Occurrence Aggregate D. Comprehensive Automobile Liability 1. Bodily Injury $500,000 $500,000 Each person Each Occurrence GC-5 Page 10 2. Property Damage $500,000 Each Occurrence E Owner's Protective Liability Insurance Policy: The Contractor shall obtain at his expense an Owner's Protective Liability Insurance Policy naming the City of Pearland, Texas and its employees as insured with the following limits: 1. Bodily Injury 2. Property Damage $300,000 $500,000 Each person Each Occurrence $100,000 $300,000 Each Occurrence Aggregate The immunity of the Owner shall not be a defense from the insurance carrier. F. Builder's Risk Insurance: The contractor shall obtain at his expense Builder's Risk Insurance against the perils of fire, lightning, windstorm, hurricane, hail, explosion, riot, civil commotion, smoke, aircraft, land vehicles, vandalism and malicious mischief, in the amount of insurance equal at all times to the insurable value of the materials delivered and labor performed. The policy shall be issued jointly in the names of the Contractor, his Sub -Contractors and the Owner, as their interests may appear. The policy shall have endorsements as follows: 1. This insurance shall be specific as to coverage and not considered as contributing insurance with any permanent insurance maintained on the present premises. 2. Loss, if any, shall be adjustable with and payable to the Owner as Trustee for Whom It May Concern. (2) The certificates or evidences of insurance shall set forth that the insurance carrier will not cancel or materially alter the insurance until after ten (10) days written notice has been received by the Owner. 3.00 SCOPE OF WORK. 3.01 INTENT OF THE SPECIFICATIONS AND DRAWINGS. It is the intent of the Specifications and Drawings to describe the complete work to be performed under the Contract. Unless otherwise provided it is also the intent that the Contractor shall furnish all materials, supphes, tools, equipment and labor necessary for the timely prosecution and completion of the Work It is also understood that unless otherwise specified, all materials and equipment incorporated in the Work shall be new. GC-6 Page 11 3.02 CHANGES AND ALTERATIONS. The Owner shall have the right to make such changes and alterations in the plans or in the quantities of the work as may be considered necessary or desirable, and such changes and alterations should not be considered as a waiver of any condition of the Contract, nor shall they invalidate any of the provisions thereof. The Contractor shall perform the work as increased or decreased and a proper adjustment in price shall be made as provided in paragraph 8.03. When such changes and alterations increase or decrease the quantity of the unit price items of the work by more than twenty percent (20%), then either party to the Contract, upon demand, shall be entitled to a revised consideration upon that portion of the work. Changes or alterations shall be made only on written authorization of the Engineer. 3.03 FINAL CLEAN UP. Upon completion of the work and before acceptance and final payment is made, the Contractor shall remove all rubbish and temporary structures, restore in an acceptable manner all property both public and private, which has been damaged during the prosecution of the work and leave the site of the work in a neat and presentable condition throughout. 4.00 CONTROL OF THE WORK 4.01 AUTHORITY OF THE ENGINEER. The work will be done under the inspection of the Engineer to his satisfaction and in accordance with the proposal, contract, specifications and drawings. He will decide all questions which may arise as to the quality of acceptability of materials furnished and work performed, the manner of performance and rate of progress of the work, the interpretations of the specifications and drawings, and the acceptable fulfillment of the Contract on the part of the Contractor. Where the phrase "as directed by the Engineer" , "ordered by the Engineer", or "to the satisfaction of the Engineer" occurs, it is to be understood that the directions, orders, or instructions to which they relate are within the limitations of the Contract documents. 4.02 DRAWINGS. Drawings will show the lines, grades, cross -sections details and general features. The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his own work or in that of and other Contractor five copies, unless otherwise,specified, of all shop and/or setting drawings and schedules required for the work, and the Engineer shall pass upon them with reasonable promptness, making necessary corrections. The Contractor shall make any corrections required by the Engineer, file with him two corrected copies and furnish such other copies as may be needed. The Engineer's approval of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. 4.03 COORDINATION OF SPECIFICATIONS AND DRAWINGS. The Specifications and the accompanying drawings, are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be cooperative and to provide for a complete work. In cases of disagreement, figured dimensions shall govern over scaled dimensions, GC-7 Page 12 detailed drawings shall govern over general drawings, specifications shall govern over drawings, and special provisions shall govern over specifications, drawings, and general provisions. 4.04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with as many copies of the specifications and drawings as he may require and he shall have available on the job site at all times one copy of each. He shall give the work his constant attention to facilitate the progress thereof and shall cooperate with the Engineer. He shall have at all times a satisfactory and competent Superintendent on the job site, authorized to receive instructions and to act for him. The Contractor shall designate to the Engineer the name of such Superintendent. 4.05 CONSTRUCTION STAKES The Engineer will furnish vertical and horizontal baseline control for the work, and will furnish the Contractor with all necessary information relating to them. These marks will be set sufficiently in advance of the work to avoid delay. The Contractor will use all reasonable care to protect and preserve any stakes and bench marks, and is responsible for all offsets, locating elevations and dimensions to position his works. 4.06 INSPECTION. The Contractor shall furnish the Engmeer with every reasonable facility for ascertaining whether or not the work as Performed is in accordance with the requirements and intent of the specifications, drawings and Contract. If the Engineer so requests, the Contractor shall at any time before acceptance of the work remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portion of the work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable, the Contractor shall be paid as provided in Paragraph 1.31 for the uncovering, removing, and restoration of the work; but should the work so exposed or examined prove unacceptable, the uncovering or removing and the restoration of the parts removed shall be at the Contractor s expense. No work shall be done without suitable inspection. 4.07 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK. All work which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense Work done beyond the lines and grades given or as shown on the plans, except as herein Provided, or any work done without authority will be considered as unauthorized and done at the expense of the Contractor and will not be paid for. Work so done may be ordered removed at the Contractor's expense. 5.00 CONTROL OF MATERIALS AND QUALITY OF WORK 5.01 SOURCES OF SUPPLY The sources of supply of materials shall be approved by the Engineer. Representative samples of the materials proposed for use in the work will be submitted, when requested in writing by the Engineer, for examination and testing in accordance with the methods referred to under Paragraph 5.02. Only materials conforming to the requirements of these specifications and approved by the Engineer shall be used in the work. If the sources of supply which have been approved do not furnish a uniform product, or if the product from any source proves GC-8 Page 13 unacceptable at any time, the Contractor shall furnish acceptable materials from some other approved source 5.02 SAMPLES AND TESTS OR MATERIALS. Sampling and Testing of all materials proposed to be used will be made by the Engineer in accordance with methods prescribed by the A.S.T.M. or as prescribed in the Specifications. The selection of the method of test shall be as designated by the Engineer. The Contractor shall provide such facilities as may be required for the verification of scales, measures, and other devices used for Specified sampling and testing. All testing of materials for which the Owner or the Specifications and/or Drawings require tests to determine compliance with the requirements shall be accomplished at the Owner' s expense The Owner may at any time request test specimens of various materials. The test specimens shall be furnished by the Contractor and tests will be made by the Owner at the expense of the Owner When directed by the Owner, material compliances with the specifications shall be made by one of the following: A. Manufacturer's certificate of comphance. B. Mill certificate. C. Testing laboratory certifications. D. Report of actual laboratory test from the Owner' s laboratory or from a laboratory satisfactory to the Owner. Samples tested shall be selected by or in the presence of the Owner and the method of testing shall comply with the professional societies' standard specifications. 5.03 INSPECTION AND TESTING OF EQUIPMENT OR COMPLETED PORTIONS OF WORK. If inspection and testing of equipment and completed portions of the work for approval is required by the Contract Documents, the Contractor shall give the Engineer notice of readiness and a time and date shall be arranged for the Engineer to observe such inspection and testing. The Contractor shall bear all costs of such inspection and testing. 5.04 INSPECTION AND TESTING OF EQUIPMENT AND WORK SUSPECTED OF BEING DEFICIENT. If after commencement of the work, the Engineer determines that any equipment or portion of the work completed requires inspection or testing because of suspected deficiency in workmanship or general conformity to the Plans and Specifications, he will inform the Contractor and order such special inspection or testing. If such special inspection or testing reveals a failure of the work to comply with the requirements of the Specifications or Plans the Contractor shall bear all costs thereof made necessary by such failure, otherwise the Owner shall bear such costs. 5.05 STORAGE OF MATERIALS. Materials shall be stored so as to insure the preservation of their quality and fitness for the work. 5.06 DEFECTIVE MATERIALS. All materials not conforming to the requirements of these specifications will be rejected and shall be removed immediately from the site of the work. GC-9 Page 14 Rejected materials, the defects of which have been subsequently corrected, shall have the status of new material. 6.00 LEGAL RELATIONS AND RESPONSIBILITIES. 6.01 LAWS TO BE OBSERVED. The Contractor shall make himself familiar with and at all times shall observe and comply with all Federal, State and Local Laws ordinances and regulations which in any manner affect the conduct of the work, and shall indemnify and save harmless the Owner and its Representatives against any claim arising from the violation of any such law, ordinance or regulation, whether by himself or by his employees. 6.02 PERMITS AND LICENSES. No building permits will be required for work on the Owner's property. The Contractor shall procure any other permits or licenses, pay any other charges and fees, arrange for and furnish all notices necessary to the closing of any street or sidewalk, and give all notices necessary and incident to the due and lawful prosecution of the work. 6.03 SANITARY PROVISIONS. The Contractor shall, at his entire expense, provide and maintain in a neat, sanitary condition such sanitary facilities for the use of his employees as may be necessary to comply ,with the requirements and regulations of the State Department of Health or of other authorities having jurisdiction. The location and design of such facilities shall be approved by the Engineer. 6.04 PATENTED DEVICES AND PROCESSES. If the Contractor is required or desires to use any devices or processes covered by letters patent, or copyrighted, he shall provide for such use by suitable legal agreement with the patentee or Owner. The Contractor shall indemnity and save harmless the Owner from any and all claims for infringement by reason of the use of any patented device or process or any trademark or copyright used in connection with the work agreed to be performed under the contract. 6.05 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall save harmless the Owner and its employees from all suits, actions or claims brought on account of any mjuries or damages sustained by any person or property in consequence of any neglect m safeguardmg the work by the Contractor; or on account of any claims or amounts recovered for any infringement or patent, trademark, or copyright, except as herein elsewhere specifically provided or from any claims or amounts arising or recovered under the "Workmen' s Compensation Law" or any other laws. He shall be responsible for all damage or injury to property of any character occurring during the prosecution of the work resulting from any act, omission, neglect, or misconduct on his part or on the part of any of his employees, in the manner or method of executing the work* or from his failure to execute the work properly; or from defective work or materials. He shall not be released from such responsibility until all claims have been settled and suitable evidence to that effect furnished to the Owner. GC-10 Page 15 6.06 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the acceptance of the work by the Engineer as evidenced in writing, it shall be under the charge and care of the Contractor. The Contractor shall rebuild and make good at his own expense all injuries and damages to the work occurring before its completion and acceptance. In case of suspension of work for any cause, the Contractor shall be held responsible for the preservation of all materials. 6.07 WAIVER OR LIEN. It is distinctly understood that by virtue of this Contract, no mechanic, contractor, subcontractor, supplier, material man, artisan, or laborer, whether skilled or unskilled, shall ever in any manner have claim, or acquire any lien upon the improvements of whatever nature or kind so erected or to be erected by vntue of this Contract nor upon any of the land upon which improvements are so erected, built or situated. 7.00 PROSECUTION AND PROGRESS 7.01 SUBLETTING OR ASSIGNING OF CONTRACT. The Contractor will not be permitted to assign, sell, transfer, or otherwise dispose of the Contract or any portion thereof, or his rights title or interest therein, without the approval of the Owner. The Contractor will not be permitted to sublet any portion of the Contract without the approval of the Engmeer and Owner. In any case, no subcontract will relieve the Contractor of his responsibility under the Contract. 7.02 PROSECUTION OF WORK. Prior to beginning construction operations the Contractor shall submit to the Engineer a schedule or brief outlining the manner of prosecution of the work that he intends to follow in order to complete the Contract within the allotted time. The Contractor shall also furnish the Engineer a breakdown of Contract work items and costs for use in making the monthly progress estimates. The Contractor shall begin the work as required in paragraph 2.06 and shall continuously prosecute same with such diligence as will enable him to complete the work within the time limit set. He shall notify the Engineer at least twenty-four hours before beginning work at any point. He shall not open up work to the detriment of work already begun. The beginning, sequence and prosecution of the work shall be subject to acceptance by the Engineer, and the Contractor shall conduct his operations so as to impose a minimum of interference to the necessary activities by the Owner 7.03 WORKMEN AND EQUIPMENT. All workmen employed by the Contractor shall have such skill and experience as will enable them to perform properly the duties assigned to them. Any person employed by the Contractor who, in the opinion of the Engineer, does not perform his work in a proper and skillful manner, or who is disrespectful, intemperate, disorderly, or otherwise objectionable shall at the written request of the Engineer be removed from the Project and shall not be employed again on any portion of the work without the written consent of the Engineer. The Contractor shall furnish such suitable machinery equipment, and construction forces as may be necessary, in the opinion of the Engineer, for the proper prosecution of the work. 7.04 TEMPORARY SUSPENSION OF WORK. The Engineer will have authority to suspend the work wholly or in part, for such period as he may consider necessary and each day of GC-11 Page 16 such suspension shall be considered an extended day. Notice of such suspension with the reasons therefore will be given the Contractor in writing. The Contractor shall not suspend work without the written authority of the Engineer. If the suspension is for the convenience of the Owner and causes the Contractor extra expense, the Contractor will be reimbursed for his actual additional expense without profit. 7.05 CONTRACT TIME. The Contractor shall complete the work within the number of consecutive calendar days stated in the proposal plus any extended days. Contract time will begin upon the written authorization by the Engineer to begin work. Extended days, as defined in paragraph 1 13 will be allowed the Contractor when the Owner determines that completion of the principal units of work was delayed as a result of Unforeseeable causes beyond the control and without fault or negligence of the Contractor, Subcontractors or suppliers including but not restricted to, acts of God, the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and severe weather. 7.06 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME. The time of completion is the essence of this contract. For each calendar day that any work shall remain uncompleted after the time specified in the proposal and the contract, or the increased time granted by the Owner, or as equitably increased by additional work or materials ordered after the contract is signed, the sum per day given in the following schedule, unless otherwise specified in the special provisions, shall be deducted from the monies due the Contractor: AMOUNT OF CONTRACT AMOUNT OF LIQUIDATED DAMAGES Less than$ 5,000.00 $5,000.00 to 14,999.99 15 000.00 to 24,999.99 25 000.00 to 49 999.99 50 000.00 to 99 999.99 100,000.00 to 1 000 000.00 More than 1,000,000.00 $ 60.00 per day 80 00 per day 100.00 per day 120.00 per day 160.00 per day 240.00 per day 500.00 per day The sum of money thus deducted for such delay failure or noncompletion is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages, per calendar day that the Contractor shall be in default after the time stipulated in the contract for completing the work. The said amounts are fixed and agreed upon by and between Owner and Contractor because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner in such event would sustain; and said amounts are agreed to be the amounts of damages which the Owner would sustain and which shall be retained from the monies due, or that may become due, the Contractor under this contract; and if said monies be insufficient to cover the amount owing, then the CONTRACTOR or his surety shall pay any additional amounts due. GC-12 Page 17 7.07 ABANDONMENT OF WORK OR DEFAULT OF CONTRACT. If the Contractor fails to begin or complete the work within the time specified; or fails to perform the work with sufficient workmen and equipment; or shall perform the work unsuitably; or shall neglect or refuse to remove materials or perform anew such work as may have been rejected as being defective or unsuitable; or shall discontinue the prosecution of the work without authority; or shall become insolvent or be declared bankrupt or shall commit any act of insolvency or bankruptcy; or shall make an unauthorized assignment for the benefit of any creditor; or for any other cause whatsoever shall not carry on the work in an acceptable manner, the Engineer may give written notice to the Contractor and his Surety of such delay, neglect, or default, specifying same. If the Contractor within a period of ten (10) days after such notice shall not proceed to correct and remedy the conditions specified then the Owner shall give written notice of default to the Surety Company issuing the performance bond under paragraph 2.04 herein and said Surety Company shall then assume full responsibility for completion of the contract in an acceptable manner and in fulfillment of the Contract. 8.00 MEASUREMENT AND PAYMENT 8.01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be measured by the Engineer. 8.02 SCOPE OF PAYMENT The Contractor shall accept the compensation, as provided in the Contract, in full payment for furnishing all materials, supplies, labor, tools, and equipment necessary to complete the work under the contract for any loss or damage which may arise from the nature of the work, from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work, until the final acceptance by the Owner, except where such damage is clearly shown to be due to inadequate design and not to improper prosecution of the work; for all risks of every description connected with the prosecution of the work; for all expenses incurred in consequence of the suspension or discontinuance of the work as herein specified for any infringement of patent, trademark, or copyright; and for completing the work according to the specifications and drawings. The payment of any current or partial estimate shall in no way affect the obligation of the Contractor to repair or renew at his own cost, any defective parts of the construction, or to replace any defective materials used in the construction and to be responsible for all damages due to such defects if such defects or damages are discovered on or before the final inspection and acceptance of the work. 8.03 ADJUSTMENTS FOR CHANGES IN WORK. No change in the work shall be made without having prior written approval of the Owner. Charges or credits for the work covered by the approved change shall be determined by one or a combination of the following methods: Unit prices previously approved. (1) Increases and Decreases in Quantity of Work. The Engineer will have the right to increase or decrease the quantities of the work, as may be considered GC-13 Page 18 necessary or desirable. Such increases or decreases shall not be considered as a waiver of any condition of the contract nor shall they invalidate any of the provisions thereof. The Contractor shall perform the work as increased or decreased. Payment to the Contractor for contract items will be made for the actual quantities of work done or material furnished at the unit prices set forth in the contract, except as provided for changes in the character of the work and except as provided for overruns and underruns of major items. A major item is defined as any individual bid item included in the proposal that has a total cost equal to or greater than 5 percent of the original contract or $100,000.00, whichever is less. When the quantity of work to be done or the quantity of material to be furnished under any major item of the contract is more than 125 percent of the quantity stated in the proposal, then either party to the contract, upon demand, shall be entitled to revised consideration on that portion of work above 125 percent of the quantity stated in the proposal. When the final quantity of work done under any major item of the contract is less than 80 percent of the quantity stated in the proposal, the adjusted unit price to apply to the final quantity of work performed under the item will be determined by multiplying the unit bid price by the factor obtained from Table I In no instance shall the product of the adjusted price and the final quantity of work exceed the product of the original contract unit price and 80 percent of the original contract quantity, and in no instance will the unit price be adjusted to more than 125 percent of the original contract unit price. GC-14 Page 19 TABLE I %DECREASE FACTOR %DECREASE FACTOR 20-24 1.01 60 1.13 25-28 1.02 61 1.14 29-32 1.03 62 1.15 33-35 1.04 63 1.16 36-38 1.05 64 1.17 39-41 1.06 65 1.18 42-44 1.07 66 1.19 45-47 1.08 67 1.20 48-50 1.09 68 1.21 51-53 1.10 69 1.22 54-56 1.11 70 1.23 57-59 1.12 71 1.24 72 and over 1.25 2. Force Account - If the change is ordered to be performed on a Force Account basis, payment will be made as follows: (1) The actual cost of: a. Labor, including foremen. b. Materials entering permanently into the work. c. The ownership or rental cost of equipment during the time of use on the extra work d. Power and consumable supplies for the operation of power equipment. e. Insurance and Social Security and old age and unemployment contributions. (2) To the cost under (1) above there will be added a sum equal to, fifteen percent (15 %) of the actual cost of the work. The fee shall be Compensation to cover the cost of supervision, overhead, the use of small tool, bond, profit and any other general expenses (3) In the event the change is done by subcontract, the fifteen percent (15 %) established in paragraph (2) shall be divided between the Contractor and Subcontractor or Subcontractors with five percent (5 %) being apportioned to the Contractor and ten percent (10%) being apportioned to the Subcontractor unless some other division of the fifteen percent (15%) is stipulated in the Subcontract Agreement. GC-15 Page 20 3. Supplemental Agreement. If a supplemental agreement is entered into it shall in general be based on agreed estimated cost for the items listed in paragraph (1) and (2) above. 4. An agreed Price. This method will be used only at the option of the Owner. 8.04 PARTIAL PAYMENT. The Engineer once each month will make an approximate estimate in writing of the materials in place and the amount of work performed and the value thereof. From the total amount so ascertained will be deducted ten percent (10%) to be retained until after the completion and acceptance of the entire work. In addition to be above upon presentation of copies of invoices, an estimate shall be made for payment of ninty percent (90%) of the value of acceptable nonperishable materials which are to be incorporated in the work and which have been delivered at the site of the work and have not yet been incorporated in the work. 8.05 PAYMENT WITHHELD. In addition to express provisions elsewhere contained in the contract, the Owner may withhold from any payment otherwise due the Contractor such amount as determined necessary to protect the Owner's interest, or, if it so elects, may withhold or retain all or a portion of any progress payment or refund payment on account of: (a) unsatisfactory progress of the work not caused by conditions beyond the Contractor's control; (b) defective work not corrected; (c) Contractor's failure to carry out instructions or orders of the Owner or his representative; (d) a reasonable doubt that the contract can be completed for the balance then unpaid; (e) work or execution thereof not in accordance with the contract documents; (f) claim filed by or against the Contractor or reasonable evidence indicating probable filing of claims; (g) failure of the Contractor to make payments to subcontractor or for material or labor; (h) damage to another contractor; (1) unsafe working conditions allowed to persist by the Contractor; failure of the Contractor to provide work schedules as required by the Owner; (k) use of subcontractors without the Engineer's approval; or GC-16 Page 21 (1) failure of the Contractor to keep current As Built record drawings at the job site, or to turn same over in completed form to the Owner. When the above grounds are removed, payment shall be made for amounts withheld because of them, and Owner shall never be liable for interest on any delayed or late payment. 8.06 ACCEPTANCE AND FINAL PAYMENT. When the work provided for in the contract shall have been completed by the Contractor, and all parts of the work have been approved and accepted by the Engineer, a final estimate showing the amount of the work and the amount due the Contractor under the contract will be prepared by the Engineer. The amount of the final estimate, less any sums previously paid under the contract will be paid to the Contractor. 9.00 GUARANTEE 9.01 GUARANTEE. The Contractor, before final payment is made, shall furnish to the Owner a One (1) Year Maintenance Bond in the amount of one hundred percent (100%) of the construction cost to insure that the work performed under the Contract is free from faulty materials and workmanship and will remain free from faulty materials and workmanship for a period of one year from the date of acceptance by the Owner. Neither the final payment on the Contract by the Owner nor any provision in the Contract or Specifications shall relieve the Contractor of responsibility for faulty materials or workmanship and, unless otherwise specified, he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from date of acceptance of the work. If the Contractor fails to correct defects covered in the Contract and guarantee within thirty (30) days from receiving written notice of such defects, the Owner shall give written notice to the Surety Company issuing the Maintenance Bond and said Surety Company shall then assume full responsibility for correction of the defects in an acceptable manner and in fulfillment of the guaranteed portion of the Contract. GC-17 Page 22 TABLE OF CONTENTS FOR SPECIAL CONDITIONS 1. DEFINITION OF TERMS 1.01 ENGINEER SC-1 1.02 SUBCONTRACTOR SC-1 2. AWARD AND EXECUTION OF CONTRACT 2.04 EXECUTION OF CONTRACT, (ETC) SC-1 4. CONTROL OF THE WORK 4.01 AUTHORITY OF THE ENGINEER SC-1 4.05 CONSTRUCTION CONTROL SC-1 6. LEGAL RELATIONS AND RESPONSIBILITIES 6.01 LAWS TO BE OBSERVED ADD REPRODUCED TEXT OF PREAMBLE AND 28 TAC §110.110 SC-1-13 7. PROSECUTION AND PROGRESS 7.05 CONTRACT TIME SC-13 7.06 LIQUIDATED DAMAGES & BONUS FOR EARLY COMPLETION SC-13 8. MEASUREMENT AND PAYMENT 8.04 PARTIAL PAYMENT SC-13 T-1 Page 23 SPECIAL CONDITIONS 1.00 DEFINITION OF TERMS. 1.01 ENGINEER. Walsh/Freese & Nichols, Inc. 1.02 CITY ENGINEER. The City Engineer of the City of Pearland, Texas or his authorized representatives. 1.03 CITY INSPECTOR. The City Inspector of the City of Pearland, Texas or his authorized representatives. 2.00 AWARDS AND EXECUTION OF CONTRACT 2.04 EXECUTION OF CONTRACT PERFORMANCE AND PAYMENT/MAINTENANCE OF BOND. The contract and all change orders thereto shall be executed by the City Manager, acting on the authority of the City Council of the City of Pearland. 4.00 CONTROL OF THE WORK. 4.01 AUTHORITY OF THE ENGINEER. The work will be done under the inspection of the Engineer to his satisfaction, and in accordance with the proposal, contract, specifications and drawings. He will decide all questions which may arise as to the quality of acceptability of materials furnished and work performed, the manner of performance and rate of progress of the work, the interpretations of the specifications and drawings, and the acceptable fulfillment of the Contract on the part of the Contractor. Where the phrase "as directed by the Engineer", "ordered by the Engineer", or "to the satisfaction of the Engineer" occurs it is to be understood that the directions, orders, or instructions to which they relate are within the limitations of the Contract documents. In no case shall the term ' inspection" imply or mean "supervision." 4.05 CONSTRUCTION CONTROL Where needed for control purposes, the Engineer will confirm or locate street R.O.W. property lines. 6.00 LAWS TO BE OBSERVED 6.01 PREAMBLE TO RULE 110.110. The Texas Workers' Compensation Commission adopts new § 110.110, concerning requirements for governmental entities awarding a contract for a building or construction project, and for persons providing services on a building or construction project for a governmental entity. The new rule is adopted with changes to the proposed text published in the April 26, 1994 issue of the Texas Register (19 TexReg 3131). Subsections (a)(7) and (c)(7) were amended by adding language to further clarify who is covered by the rule. Subsections (c)(7)(J) and (e)(3) were added to clarify that a contractor or subcontractor is representing to the governmental entity that workers' compensation coverage is provided. Subsections (d)(8)(C) and SC-1 Page 24 (e)(8)(C) were added to require specific language regarding representions of coverage to be added to contracts to provide services on the project. Subsections (c)(7)(F), and (c)(7)(I)(5), (d)(5), (d)(8)(F), (e)(6), and (e)(8)(F) were amended to reduce the retention period for contractors and other persons providing services on the project from three years to one year. Subsection (g) was changed to state that this rule applies to contract advertised for bid after September 1, 1994, rather than awarded after September 1, 1994. The Texas Labor Code, §406.096, requires workers' compensation insurance coverage for all persons providing services on a building or construction project for a governmental entity. The commission is aware that this statutory requirement is not being met, and this rule is designed to achieve compliance and to implement a recordkeeping process which will enable oversight of compliance. The rule does this by placing requirements on the governmental entity and on contractors and other persons providing services on a project. These requirements include coverage, certificates of coverage, posted notices of coverage, and notification of changes in coverage status. The rule does not create any duty or burden on anyone which the law does not establish. The rule defines terms which apply to governmental entity building or construction projects and sets up a clear procedure for governmental entities and contractors that bid for building and construction projects to follow in complying with the requirements of the Texas Labor Code, §406.096. It also defines statute and the rule. It specifically excludes persons such as food/beverage vendors whose deliveries and labor are not permanently incorporated into the project. The rule puts persons on notice that providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other persons providing services on the project to administrative penalties civil penalties, or other civil actions The rule requires a governmental entity to timely obtain certificates of coverage, retain them for the duration of the project plus three years, and provide them to the commission upon request and to others entitled to them by law. It also requires the governmental entity, as a prerequisite to awarding a contract, and as part of the contract to require that the contractor: provide coverage and certificates of coverage for the contractor's employees; timely obtain and provide the governmental entity all required certificates of coverage for all persons providing services on the project, retain certificates of coverage on file for the duration of the project and for one year thereafter; notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; post notices on each project site; and contractually require persons with whom it contracts to do the same, with the certificates of coverage to be provided to the person for whom they are providing services. The rule also sets out the language to be included in bid specifications and in contracts awarded by a governmental entity and the information required to be in the posted notice to employees. It further establishes a method for obtaining the certificates from persons providing services on the project and providing them to the governmental entity. SC-2 Page 25 It requires a contractor awarded a building or construction contract to: provide workers' compensation coverage to the contractor's employees for the duration of the project, file a certificate of coverage of the contractor's employees with the governmental entity prior to being awarded a contract; obtain and provide to the governmental entity; certificates of coverage from each other person with whom it has contracted to provide services on the project, prior to that person beginning work on the project; obtain and provide new certificates of coverage shown on the current certificate ends during the duration of the project; retain all certificates of coverage for the duration of the project and for one year thereafter notify the governmental entity of material changes in coverage; contractually require each other person with whom it contracts to provide a certificate of coverage; and post notices on each project site. All other persons providing services on a project have the same requirements as a contractor, with the exception of posting notices and with the exception that the certificate of coverage is given to the person for whom they contracted to provide services on the project. The rule uses the term "persons providing services on the project" in lieu of the statutory term "subcontractor" because the term "subcontractor" as used in the statue (§406.096) and in this rule is broader than standard industry usage. The use of the different terminology will prevent confusion. The rule does not create any duty or burden on anyone which the law does not establish. The new rule is adopted under the Texas Labor Code, §402.061, which authorizes the commission to adopt rules necessary to administer the Act, and Texas Labor Code, §406.096, which establishes requirements for governmental entities, contractors, and subcontractors ("persons providing services on the project") regarding workers' compensation coverage for workers on public building or construction projects. Rule 110.110 - Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage ("certificate")- A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers compensation insurance coverage for the person' s or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction - Has the meaning defined in the Texas Labor Code, §406 .096(e)(1) . SC-3 Page 26 (3) Contractor - A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage - Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - A written agreement on form TWCC-81, form TWCC-82, form TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Wokers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project - Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. (7) Persons providing services on the project ("subcontractor" in §406.096 of the Act) - Includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity or employees of any entity furnishing persons to perform services on the project. "Services" includes but is not limited to providing hauling, or delivering equipment or materials or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project - Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self - insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. SC-4 Page 27 (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of subsection (d) of this rule, using the language required by paragraph (7) of this subsection; (2) as part of the contract, usmg the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this rule; (3) obtain from the contractor a certificate of coverage for each person providing services of the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and use the following language for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation in Figure 1: (7) (Figure 1) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate")- A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation SC-5 Page 28 insurance coverage for the person s or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. 'Services" include, without limitation, providing, hauling, or delivering equipment or materials or providing labor, transportation, or other service related to a project. "Services' does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. SC-6 Page 29 F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; SC-7 Page 30 (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7) with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commissions' Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor' s current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: SC-8 Page 31 (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title m at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population The text for the notices shall be the following text in Figure 2 provided by the commission on the sample notice, without any additional words or changes: (7) (Figure 2) REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance This includes persons providing, hauling, or delivering equipment or material, or providing labor or transportation or their service related to the project, regardless of the identity of their employer or status as an employee. " "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." (8) contractually require each person with whom it contracts to provide services on a project, to: Page 32 (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery within 10 days after the person knew or should have known, of any change that materially affects the provisions of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A)-(H), with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; SC-10 Page 33 (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage agreements will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission s Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions " (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; obtain from each person providing services on a project under contract to it, and provide as required by its contract (5) (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within 10 days after the person knew or should have known of the change; and (8) contractually require each other person with whom it contracts to: SC-11 Page 34 (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this rule* (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by paragraphs (A)-(H), with the certificate of coverage to be provided to the person for whom they are providing services. (0 If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. SC-12 Page 35 Effective Date: September 1, 1994 7.00 PROSECUTION AND PROGRESS 7.05 CONTRACT TIME. Contract time is 90 calendar days. All time worked on holidays and other than 7:30 a.m. - 4:30 p.m. Monday through Friday will be overtime hours. Contractor shall pay all inspection costs for overtime work by City personnel created by Contractor's choice to work other than normal hours. No work will be allowed on Sundays. This contract time as defined in this proposal and other sections of the contract documents includes a certain number of rain/mud days. Based on the Alvin Weather Center records, the average annual rain days from June, 1898 to December, 1996 is 40 days, calculated from all precipitation days of record. Contractor is required to keep record of rain/mud days at the site. Record of rain/mud days must be accepted and signed off by the City Inspector monthly, and it shall be reported on the monthly pay estimate submittals. At the end of contract, Contractor will be credited only the number of accepted rain/mud days that exceed 40 rain/mud days per year, or any proportionate fraction thereof. 7.06 LIQUIDATED DAMAGES Liquidated damages and bonus for early completion shall be $240.00 per day. • SC-13 Page 36 SECTION G TECHNICAL SPECIFICATIONS ITEM 1 INSTALLATION OF WATER MAINS 1. Nature of Work (1) Scope: The Contractor shall furnish all superintendence, labor, materials, supplies, machinery, tools, equipment, and all other facilities necessary for removing obstructions, excavating the trench; protecting adjoining property of public utility corporations, constructing and maintaining all bridges required for traffic control sheeting, bracing and supporting the adjoining ground or structures where necessary; handling all drainage or ground water; unloading, hauling, distributing, laying, testing and disinfecting the pipe, fittings, valves, flushing valves, fire hydrants and other appurtenances; replacing all damaged drains, sewers or other structures, backfilling the trenches; replacing grass, shrubs, and other surface vegetation, restoring roadway surfaces to condition equal to that prior to beginning the work; testing the completed piping system for pressure and leakage requirements, disinfecting the completed piping system; maintaining the street or other surface over the trench, hauling all surplus or removed materials belonging to the Owner to his storage yard; disposal of all excess and waste material at no cost to the Owner. Any other services and facilities necessary for completing the work in the time limit specified in the contract unless specifically stated to the contrary in these specifications. 2. Contract Documents (1) These Technical Specifications foal a part of the contract documents enumerated in the general conditions of the Standard Form of Agreement between Owner and Contractor. (2) Contract drawings: The information appearing on the various drawings has been obtained from field surveys and from records of the public utility corporations. The drawings have been carefully prepared and all available information shown, but the Contractor must satisfy himself as to the actual conditions to be encountered as neither the Owner nor the Engineer is to be held responsible for the accuracy or completeness of plans showing physical features or lines of utilities. No attempt has been made to show all service lines from sewer, water or gas mains. 3. Materials (1) All materials and equipment incorporated into the work shall be as shown on the drawings and as called for in Appendix "A", Specifications for Materials for Water Mains and Appurtenances, attached hereto. (2) Materials Furnished by Owner: None except those specified in "Information to Bidders" attached hereto. (3) Contractor's Responsibility for Materials: (a) Responsibility for Materials Furnished by Contractor: The Contractor shall be Item 1 - 1 / 19 responsible for all materials furnished by him. All such material which is defective in manufacture or has been damaged in transit or has been damaged after delivery shall be replaced by the Contractor at his expense. (b) The Contractor's responsibility for material furnished by the Owner shall begin upon Contractor's acceptance at the point of delivery to him. All such material shall be examined, and material defective in manufacture and/or otherwise damaged shall be rejected by the Contractor at the time and place of delivery to him and replaced by the Owner. Material furnished by the Owner which is accepted by the Contractor, but which is discovered, prior to final acceptance of the work, (1) to be defective in manufacture, shall be replaced by the Owner, (2) to have been damaged before or after acceptance by the Contractor, shall be replaced by the Contractor. Once accepted by the Contractor at the point of delivery to him all defective and/or damaged material discovered prior to final acceptance of the work shall be removed by the Contractor and he shall install at his own expense, the material replaced, in its stead, by the Owner or Contractor, in such case the Contractor shall furnish all labor, equipment, and material incidental to replacement and necessary for the completion of the work to the satisfaction of the Engineer. (c) Responsibility for Safe Storage: The Contractor shall be responsible for the safe storage of all material furnished to or by him and accepted by him until it has been incorporated in the completed project. 4. Inspection (1) Inspection of Material at Factory: If requested in writing by the Owner, all material shall be inspected and approved by a representative of the Owner at the Manufacturer's plant before shipment. (2) Inspection of Matenal at Delivery Point: When received from the carrier and at the time of unloading the Contractor shall inspect all pipe and accessories for loss or damage in transit. No shipment of materials should be accepted by the Contractor unless proper exceptions are made on the receipt obtained by the carrier, at the time of delivery, as to loss and/or damage. (3) Field Inspection of Material and Workmanship. All laying, jointing, testing for defects and for leakage under pressure, and disinfection, shall be performed in presence of the Engineer or his authorized representative and shall be subject to his approval before acceptance. (4) Disposition of Defective Material: All material found during the progress of the work to have cracks, flaws or other defects will be rejected by the Engineer or his authorized representative and the Contractor shall promptly remove such defective material from the site of the work. 5. Handling of Pipe and Accessories Item 1 - 2/19 (1) Handling: Pipe and accessories shall, unless contrary instructions are received, be unloaded at the point of delivery, hauled to, and distributed at, the site of the project or to an approved storage yard, by the Contractor. The contractor shall be responsible for acquiring all storage and laydown space the project requires. Material shall at all times be handled with care to avoid damage. Pipe delivered to storage yards must be stacked at designated locations until it is removed to the site of the project by the Contractor. Whether moved by hand, skidways or hoists, materials shall not be dropped, or bumped against pipe or accessories already on the ground or against any other object on the ground. (2) Distribution at Site of Work: In distributing material at the site of the work, each piece shall be unloaded opposite or near the place where it is to be laid in the trench. The pipe shall be placed at locations that will not interfere with the public use of streets. (3) Care of Pipe: (a) Material Kept Clean The interior of all pipe and accessories shall be kept free from dirt and other foreign matter at all times. The pipe shall be placed in such a manner that no dirt storm or other water or other foreign matter will enter the pipe. If such matter should enter the pipe, it must be removed from the pipe by the Contractor prior to placing the pipe in the trench. (b) Damaged Pipe: Pipe shall be handled in such a manner as to avoid damage to the pipe. If damaged sections cannot be cut out or repaired to the Engineer's satisfaction, they shall be replaced The replacement or repair of damaged pipe, all salvage operations and hauling replacements from the storage yard will be at the Contractor's expense. (c) Frost Protection: Valves and hydrants shall be kept drained and stored before installation in a manner protecting them from damage due to freezing of trapped water. 6. Lines and Grades (1) Layout and Staking: Contractor's Responsibility: The Contractor will do and be responsible for all field layout, offsets, elevations, and staking required to establish lines and grades for his construction operations. He will provide such field engineering employees at his expense as may be required to insure the accurate performance of this work, and the Contractor shall be completely liable for the cost of correcting any and all errors or deficiencies resulting from said field layout and staking by his employees. (a) Information Furnished by the Owner 1) Horizontal Reference Control Points 2) Bench Mark Item 1 - 3/19 (2) Maintenance of Line and Grade: All pipe shall be laid and maintained to the required lines and grades. Fittings, valves, and hydrants shall be at the required locations and with joints centered, spigots home and all valve and hydrant stems plumb. (a) Deviation with Engineer's Consent: No deviation shall be made from the required line or grade except with the written consent of the Engineer. (b) Depth of Pipe Cover: Unless provided otherwise in the drawings, all pipe shall be laid to a depth of 60 inches of cover and shall be measured from the established street grade or the surface of the permanent improvement including ditch flowlines to the top of the pipe barrel. (3) Subsurface Exploration: Whenever necessary to determine the location of existing underground utihty structures, the Contractor, after an examination of available records and upon the written order of the Engineer, shall make all explorations and excavations for such purpose. Water mains into which the mains under construction are to be connected must be definitely located well in advance of such connection to allow for possible adjustment of alignment and/or grade. The expense of any necessary change in grade or alignment must be borne by the Contractor if these precautions are not taken. (a) Obstructions Caused by Other Utility Structures: Where the grade or alignment of the pipe is obstructed by existing utility structures such as conduits, ducts, pipes, branch connections to main sewers, or main drams, the obstruction shall be permanently supported, relocated, removed or reconstructed by the Contractor in cooperation with Owners of such utility structures. (4) Should it become necessary to lower the grade to permit the pipe to pass under an obstruction or to connect to an existing main, after the trench has been excavated to the grade shown on the profile or designated by the Engineer, then the compensation for this additional work will be on the basis of the unit price bid for extra excavation. The same means of computing extra compensation shall apply to changes in alignment, after the trench has been excavated to the previously indicated grade and alignment, and for excavating earth or rocks which are unsatisfactory for supporting the pipe. Should it be necessary to lay pipe at a depth greater than the greatest depth listed on the bid sheet, then the compensation for this work will be the unit price bid for laying the pipe at the greatest depth listed, plus extra compensation on the basis of extra excavation 7. Excavation (1) All excavation shall be by the open trench method unless borings or tunnels are shown on the plans or ordered by the Engineer Note: No excavation or trenching shall commence until all equipment, labor, materials, and supplies needed to lay the lines and accessories are in place ready for installation. Item 1 4/19 (2) Barricades, Guards, and Safety Provisions: To protect persons from injury and to avoid property damage adequate barricades construction signs, torches, red lanterns and guards as required shall be placed and maintained during the progress of the construction work and until it is safe for traffic to use the trenched roadway. Whenever required, watchmen shall be provided to prevent accidents. Rules and regulations of the local authorities regarding safety provisions shall be observed. No open trench shall be left overnight. (3) Traffic and Utility Controls: (a) Excavation for pipe laying operations shall be conducted to cause the least interruption to traffic The Contractor shall provide suitable bridges with side rails for both pedestrian and motor traffic, when requested by the Engineer, at street and driveway crossings where traffic must cross trenches. (b) Extra compensation shall be on the basis of unit bid prices and all materials shall be salvaged at full values whenever the Engineer considers same satisfactory for use as trench sheeting or bracing. Hydrants under pressure valve -pit covers valve boxes, curb -stop boxes, fire or police call boxes, or other utility controls shall be unobstructed and accessible during the construction period. (c) Maintenance of Flow of Drains and Sewers: Adequate provision shall be made for the flow of sewers, drains and water courses encountered during construction. Temporary support, adequate protection and maintenance of all underground and surface utility structures, drains, sewers, and other obstructions encountered in the progress of the work shall be furnished by the Contractor at his own expense under the direction of the Engineer. The structures which may have been disturbed shall be satisfactorily restored by the Contractor. (d) Whenever sanitary sewers or storm sewers, which are not shown on the original plans, are found to exist in the line of and parallel to the trench for the water mains, then they shall be removed and replaced by the water main Contractor as extra work. The compensation for this work shall be on the basis of the unit bid prices for extra labor and materials or an agreed lump sum price if specific bid prices for such work are not included in the contract. (4) Property Protection: Trees, fences poles, and all other property shall be protected unless their removal is authorized All grass along improved property, shrubs, or small trees which are removed must be stored and later replanted. All trees adjacent to the trench must be protected and trees on subdivision or private property must not be cut unless permission, in writing, is granted. (a) The Contractor shall be responsible for all structures above or below the ground that are in any way affected by the work. (b) Where ordered by the Engineer, any pipe or conduit of a public utility corporation crossing a trench must be supported by a beam built by the Contractor. Materials and labor Item 1 - 5/19 required for the construction of such beams will be paid for as extra work at the unit prices bid for such work. All concrete for beams must be made with High Early Strength cement. Under usual conditions, this beam will extend from a point on either side of the trench which will permit the satisfactory bearing of the ends and will extend across the trench. The beam shall be of reinforced concrete construction, of such dimensions as the Engineer may specify so as to properly support the service hne and the concrete shall be of Class 2000 psi. All timber forms shall be left in place. (5) Interruption of Utility Services: No valve, switch or other control on existing utility system shall be operated for any purpose by the Contractor without approval of the Engineer and the utility All consumers affected by such operations shall be notified by the Contractor as directed by the Engineer and utility before the operation and advised of the probable time when service will be restored. (a) Should the Contractor consider it necessary for a utility to change the location of some of its properties, the Contractor must notify the Engineer in advance. The Engineer will make all arrangements with the utility corporations, should he consider it imperative that the changes be made, but the Owner will not be liable for damages on account of delays due to changes made by utility corporations which hinder the progress of work of the water main Contractor. (6) Manner of Piling Excavated Material: All excavated material shall be piled in a manner that will not endanger the work and will avoid obstructing sidewalks and driveways. Gutters and ditches shall be kept clear or other satisfactory provisions made for areas and street drainage. (7) Open Trench Excavation: (a) The trench shall be dug to the required alignment and depth shown on the Contract Drawings for a distance of at least two full lengths of pipe m advance of the last made- up joint at all times. 1 he trench shall be braced and drained when necessary so that the workmen may work therein safely and efficiently. (b) When excavating machinery is being used same shall cut the trench to a depth slightly less than that indicated by Contract Drawings and the trench shall then be excavated to grade by hand tools, the grade being established by a Laser instrument. Regardless of the method employed for excavating the trench, a Laser instrument must be used for obtaining the final grade. The width of the trench at the surface is not to be less than that at the bottom. (c) Where the use of trench -digging machinery will cause damage to trees buildings or existing structures above or below the ground, hand excavation shall be employed to avoid such damage. (d) All gravel, shell or rock roadway surfaces shall be scarified and the material placed at such locations as not to become mixed with the spoil. Should the Contractor neglect to Item 1 - 6/19 properly scarify the surface or to protect the material after it has been removed from the roadway, then the Engineer will order the material replaced at the expense of the Contractor. (e) Trench Width: 1) The minimum clear width of unsheeted or sheeted trench measured at the horizontal diameter of the pipe shall be 18 inches, or one foot greater than the outside diameter of the barrel of the pipe, whichever is greater. The maximum clear width of trench at the top of' the pipe shall be not more than the outside diameter of the barrel of the pipe plus two feet. Greater width of trench at the top of the pipe shall be permitted only on written approval by the Engineer. 2) The trench width at the ground surface may vary with, and depend upon, its depth and the nature of the ground encountered, but shall not be less than that at the bottom of the trench. Should the Contractor cut a ditch of greater width along or across improved streets than the maximum widths listed below, he will not receive extra compensation for furnishing and placing shell or gravel in the additional width of the trench. When cuts of excess width are made along or across paved streets, then the extra cost to the Owner on account of the excess width of the trench will be deducted from the Contractor s estimate. Maximum Trench Widths: for 4" to 8' mains, incl. - 24 inches for 10' to 16" mains, incl. - 30 inches Disposal of excess excavation to be made promptly off -site. (f) Braced and Sheeted Trenches: Wherever necessary to prevent caving, trench excavations in sand, gravel, sandy soil, or other unstable material shall be adequately sheeted and braced. Where sheeting and bracing are used, the trench width shall not be less than that specified in Section 7.(7) (e) As backfill is placed, the sheeting shall be withdrawn in increments not exceeding 1 foot and the void left by the withdrawn sheeting shall be filled and compacted. 1) The material that is to be left in the trench will be specified by the Engineer. When solid sheeting is required, the timber shall be cut off eighteen inches below the surface of the ground before backfilling the trench and the length of timber for which the Contractor will receive compensation will be considered as extending to within six (6) inches of the surface of the ground. For other types of braces and sheeting, the Contractor will be paid for the actual amount of timber ordered left in the trench. 2) The maximum amount of timber in any section of the trench for which the Contractor will receive compensation will be two (2) board feet for each square foot of surface on the sides of the trench considering that the depth of the trench is the distance from the surface of the ground to the bottom of the trench less six (6) inches. 3) Timber of quality equivalent to new wood of grade #3 with finished or Item 1 - 7/19 unfinished surfaces shall be furnished for all bracing or sheeting. (g) Pipe Foundation of Stable Soil: The pipe shall be laid, as directed by the Engineer on firm soil cut true and even to afford bearing for the full length of the barrel of the pipe, as specified in typical detail. 1) Correction of Faulty Grade: Any part of the trench excavated below grade shall be corrected with thoroughly compacted material approved by the Engineer. (h) Pipe Foundation on Unstable Soil: When the bottom uncovered at grade is soft and, in the opinion of the Engineer cannot support the pipe, a further depth shall be excavated and refilled to pipe foundation grade with thoroughly compacted material, or shall be laid on permanent wood blocking or by other means employed as required by the Engineer. (8) There shall not be more than 300 feet of continuous trench open at any time and at all times the trench must be cleaned up and all streets opened 300 feet back of the most advanced line of excavation. Materials used shall be placed at locations so as not to interfere unnecessarily with the use of the streets by the public and not more than two street inter -sections will be closed at any time. The street surface along the line of the trench must be kept free of surplus soil. (9) Boring: Borings will be made of sizes and at locations shown on the plans, or where directed by the Engineer, and to the lines and grades established by the Engineer. All details and methods of construction shall be subject to the Engineer's approval. Openings for installation of equipment, removal of excavated material and placing of pipe shall be made at locations designated by the Engineer. (a) Casing for cased borings shall be 1/4" (unless otherwise noted in plans) smooth - wall metal pipe conforming to A R E.A Specification No. 1-416, and of sizes and gages as called for on the plans and shown on the bid proposal. Uncased borings shall be of the sizes specified on the bid proposal. This specification is intended to apply only in cases of boring under railroad tracks or, where shown on the plans or ordered by the Engineer, under paved road or street surfaces. (b) Where considered necessary by the Engineer, or elected by the Contractor, to bore under trees, sidewalks, driveways and other surfaces or sub -surface obstructions the work shall be done as directed by the Engineer, and no additional compensation will be allowed except for shell or other special pay items ordered by the Engineer. (c) Completed cased borings shall be measured for payment by the length of casing installed. Uncased borings shall be measured between the hmits of bore as ordered by the Engineer. Cased boring shall be paid for at the contract unit prices for 1/4" smooth -wall casing pipe of the sizes and gages shown on the Proposal. Uncased borings will be paid for at the contract unit prices for "Bored Holes (Uncased)" of the sizes shown on the proposal. The said unit prices shall be full compensation for all equipment, labor and matenal, and shall include any Item 1 - 8/19 additional cost, as compared to laying in open trench, for placing the water lines in borings. 8. Mains Crossing Under Railroad Tracks or Highway Pavement (1) The Contractor shall notify the Engineer in advance of the approximate time that he intends to start excavation for each section of the mains that is to be laid under railroad tracks or highway pavement. The Engineer will arrange all details with the railroad company or highway department and secure the necessary permits, but the Owner will not be liable for damages due to delays suffered by the Contractor on account of the railroad company or highway department requesting that the work be done at such hours so as to least inconvenience them. (2) Should special construction be required, then same will be paid for as extra work. Pipe shall be cut and placed so that the joints in the casing shall be at the locations specified by the Engineer without additional cost to the Owner. During the course of excavating, laying of pipe and backfilling each section of mains passing under or adjacent to railroad tracks the Engineer will request the railroad to furnish flagmen and/or watchmen who will be present whenever the actual construction is within ten (10) feet to the centerline of any tracks. 9. Preparation of Trench Bottom (1) Method of Preparation* As directed by the Engineer or shown on Plans, the pipe shall be either laid directly on the trench bottom, or on ASTM 335 sand bedding as shown in plans. No pipe shall be laid in trenches whose bottoms are frozen or flooded. (2) After the trench has been carefully graded, same must receive the approval of the Engineer before any pipe is placed therein. (3) Pipe Laid on Trench Bottom: Pipe shall be laid directly on a trench bottom containing bell or coupling holes and shaped to provide continuous contact with the pipe between bell or coupling holes (a) Bell or Coupling Holes. Prior to lowering pipe into the trench a bell or coupling hole shall be dug in the trench bottom having a length, width, and depth, as specified by the Engineer, to allow assembly and to prevent the coupling from resting on the coupling hole bottom. (b) Shaping Trench Bottom: Prior to lowering pipe into the trench, the trench bottom between bell or coupling holes shall be made flat and cut true and even to grade so as to provide continuous contact of the trench bottom with the pipe. (4) Pipe Laid on Sand Bedding: Pipe shall be laid on ASTM 335 sand bedding to the Item 1 - 9/19 thickness as called for on plans. 10. Hours for Laying Mains. The regular hours for laying mains shall be from 7:30 a.m. to 4:30 p.m. Monday thru Friday except legal holidays. No pipe shall be placed in the trench, nor any pipe jointed, outside of these hours unless provisions have been made to pay for inspector's time. This provision does not in any way prohibit the Contractor from excavating the trench or doing other types of work which do not require the presence of the Engineer, but all work done outside of the stated hours will be at the risk of the Contractor. The Engineer will permit, or may request the Contractor to lay pipes outside of the regular hours should an emergency warrant such an order. 11. Lowering Pipe and Accessories Into Trench. (1) General: Proper implements, tools, and facilities satisfactory to the Engineer shall be provided and used by the Contractor for the safe and efficient execution of the work. All pipe, fittings, valves, hydrants and accessories shall be carefully lowered into the trench by means of derrick, ropes, or other suitable equipment in such manner as to prevent damage to pipe and fittings. Under no circumstances shall pipe or accessories be dropped or dumped into the trench. (2) Inspection of Pipe and Accessories. The pipe and accessories shall be inspected for defects prior to lowering into trench. Any defective, damaged, or unsound pipe shall be repaired or replaced. (3) Pipe Kept Clean: All foreign matter or dirt shall be removed from the interior of pipe before lowering into position in the trench. Pipe shall be kept clean by means approved by the Engineer during and after laying. 12. Laying Pipe. (1) Cutting Pipes: The cutting of all pipe of size 12" and smaller shall be done with standard wheel pipe cutters and all pipe larger than 12" shall be cut in a manner approved by the Engineer. Regardless of the method employed, each cut must be smooth and at right angles to the axis of the pipe. (2) Joints: (a) All jointing of pipe, fittings and valves shall be done in a precise, workmanlike manner in strict accordance with printed instructions issued by manufacturers of the involved materials, and in conformity with acceptable standard practice as approved by the Engineer. (b) Joints and joint materials shall be as specified for the several types of pipe, fittings, and valves covered elsewhere in these specifications and as shown in the proposal. Item 1 - 10/19 (c) Cleaning Before Jointing: The ends of the pipe to be jointed, the inside of the bell or coupling and the gasket material shall be wiped clean immediately before jointing the pipes. (d) Disinfection by Addition of Chlonne Crystals. All pipe shall be charged with Chlorine Crystals during jointing such that filhng of pipe with water will result in 50 mg/1 available chlorine in solution. (3) Deflection of Pipe at Joints: Pipe shall not be deflected either vertically or horizontally in excess of that recommended by the manufacturer of the coupling. (4) Unsuitable Conditions for Jointing Pipe: No pipe shall be laid in water or on frozen trench bottom or when in the opinion of the Engineer the trench conditions or the weather are unsuitable for such work. (5) Preventing Trench Water from Entering Pipe: When pipe laying is not in progress, the open ends of pipe shall be closed by approved means to prevent entrance of trench water into the line. (a) Floating Pipe: Whenever water is excluded from the interior of the pipe adequate backfill shall be deposited on the pipe to prevent floating. Any pipe which has floated shall be removed from the trench and be relaid as directed by the Engineer. (6) Should a damaged piece of pipe be placed in the water main the Contractor shall furnish at his expense, all labor and materials required for removing and replacing the defective pipe and restoring the street to its condition just prior to failure of the pipe. 13. Setting Fittings and Valves. (1) General: Fittings and valves shall be lowered into the trench, inspected and cleaned jointed to pipe and then reaction or thrust backing provided. (a) Each gate valve, flushing valve, or fire hydrant must be completely closed when placed in the pipeline. (b) No additional compensation will be paid the Contractor for setting valves. The unit price bid will be paid for each hydrant set by the Contractor. Timber bracing shall be furnished and installed by the Contractor. (2) Should the Contractor place defective valve or hydrant in the line or if one proves defective during the period of the Maintenance Bond he will furnish a replacement fitting to replace such defective fitting in the water main and all labor and materials required for removing the defective fitting, setting the replacement fittings, and for restoring the street to its condition just prior to making the repairs at the Contractor's expense. Item 1-11/19 (3) Valve Boxes and Valve Pits: Cast-iron valve boxes shall be firmly supported, and maintained centered and plumb over the wrench nut of the gate valve, with box cover flush with the surface of the finished pavement or at such other level as may be directed by the Engineer. The pipe section of each valve box must be cut to the proper length, the box assembled, and braced in a vertical position. All geared valves and such other valves as may be designated by the Engineer shall be set in masonry valve pits with the wrench nuts readily accessible for operation through the manhole opening. Pits shall be constructed in a manner that will permit minor valve repairs and afford protection to the pipe from impact or settlement where it passes through the pit walls. (a) Pipe Entering Valve Pits: No pipe entering or passing through valve pits shall extend more than 3 feet, 3 inches beyond the outside face of the pit when the pipe size is 6 inches or less, not 6 feet, 6 inches for larger sizes. (4) General Location: Flushing valves and hydrants shall be located to provide complete accessibility and to minimize possibility of damage from vehicles or injury to pedestrians. Unless otherwise directed by the Engineer the setting of any flushing valves or hydrant shall conform to the following Sections: (a) Location in Relation to Curb Line When placed behind the curb the hydrant bowl shall be set so that no portion of the hydrant or hose nozzle caps on street side shall be less than 6 inches nor more than 12 inches from the vertical face of the curb. Should the barrel of a hydrant pass through a concrete slab, then a piece of standard sidewalk expansion joint material, 1" thick, shall be fitted closely around the section of the barrel passing through the concrete. (b) Location in Relation to Street Corners: Hydrants shall not be placed within 20 feet from the intersection of the curb fines at street corners. (c) Position of Nozzles: All flushing valves and hydrants shall stand plumb. Nozzles shall be at right angles to the curb or as directed by the Engineer. (d) Drainage at Hydrant: Whenever hydrants are set in soil classified as impervious by the Engineer, a drainage pit two feet in diameter and two feet deep shall be excavated below each hydrant. The pit shall be filled compactly with coarse gravel or broken stone mixed with coarse sand, under and around the bowl of the hydrant to a level 6 inches above the waste opening. No hydrant drainage pit shall be connected to a sewer. (5) Back-Siphonage at Blow -offs to be Prevented: Drainage branches or blow -offs shall not be connected to any sewer, submerged in any stream, or installed in any other manner that will permit back-siphonage into the distribution system. (6) Plugging Dead Ends: Item 1 - 12/19 (a) General: Insert standard plugs into the bells of all dead end fittings, cap spigot ends of fittings and plain ends of pipe. Capped or plugged outlets to fittings in sizes indicated by the Engineer shall be tied to the fittings with clamps and tie rods. The number and size of rods shall be specified by the Engineer. The materials used shall be that specified in Appendix "A". Reaction and thrust backing at the fitting shall be as specified in plans and/or these specifications. (7) Reaction or Thrust Blocking: Reaction or thrust blocking shall be applied at bends and tees at plugs or caps where changes in pipe diameter occur at reducers or in fittings, and at valves, hydrants and blow -off assemblies. The size and shape of concrete thrust backing shall be provided by the Engineer. (a) Material for Reaction or Thrust Blocking* 1) Concrete: Reaction or thrust blocking shall be of cast -in -place concrete of a mix having compressive strength of not less than 2,000 psi in 24 hours when using high early strength cement and 7 days when using standard cement Blocking shall be placed between solid ground and the fitting to be anchored. The area of bearing on pipe and on ground in each instance shall be then required by the Engineer. 2) The fittings on small mains shall be braced with short pieces of two (2) inch galvanized pipe or as directed by the Engineer. 3) Restraint system shall be used to prevent movement when specifically directed by the drawings or the Engineer. All non -PVC underground pressure pipe shall have ` Uni-Flange', "PV-Lock", or approved equal restraints at all bends with fittings. (b) The reaction or thrust blocking at the bowl of each hydrant shall be so placed so as not to obstruct the drainage outlet of the hydrant or the bowl of the hydrant shall be tied to the pipe main with rods as directed by the Engineer. The size and shape of concrete thrust blocking or the number and size of tie rods shall be provided by the Engineer. The material to be used for thrust blocking and tie rods shall be as specified in plans and/or these specifications. 14. Lowering of Existing Mains. (1) When a main is to be lowered in order to conform with new construction, the initial excavation shall be done in such a manner as to permit the mains to rest on a number of dirt benches, or wooden blocks if soil conditions are unsatisfactory for the benches. The pipe shall then be supported by ropes, cables, or chain to overhead supports; the dirt benches or wooden block removed and the pipe slowly and evenly lowered into position. After the mains have been lowered, each damaged joint must be recaulked or repoured as directed by the Engineer. Item 1 - 13/19 (2) Should the Contractor find it necessary to completely or in part remove mains which are specified to be lowered, and relay them at a lower grade, he will receive compensation only for lowering the mains. 15. Taking Up Pipe. (1) Salvageable joint materials from each joint of the pipe must be removed and reclaimed for the Owner. All corporation cocks shall be disconnected and the holes plugged with plugs furnished by the Owner before the pipe is raised from its original position. After raising the pipe from the trench, it shall be pulled apart at the joints and all foreign material removed from the bells and spigots. (2) Should the Contractor damage, or fail to properly reclaim any pipe, materials, or appurtenances while removing the joints or in handling, he shall reimburse the Owner at the prevailing market prices. All removed materials are to remain the property of the Owner and shall be hauled to the Owner s storage yards. (3) The unit bid price for removing mains shall include the removal, the cleaning of exterior and connection surface and hauling to designated storage yards, of all fittings, valves, fire hydrants, and other appurtenances. 16. Work Orders for Extra Work. A standard form work order will be issued by the Engineer immediately upon completion of each item of authorized extra work Should such orders not be issued, the Contractor shall file an estimate of the cost of the work with the Engineer within ten (10) days after the completion of same or his claim for extra compensation will be invalid. 17. Wet Connections and Taps. (1) Wet connections are to be made under the direction of the Engineer in such a manner and at such hours as to least inconvenience the pubhc. When the existing mains have been cut or a plug removed for a connection, then the work of making the connection shall progress without interruption until complete. The compensation for making wet connections will be based on the unit prices for laying mains and no additional compensation will be granted for making connections at night or for having to complete a connection under unfavorable working conditions. (2) Whenever the Contractor accepts an incomplete shut-off of water, for a wet connection, there will not be any extra compensation for damages or extra work resulting from the incomplete shut-off. (3) Operation of all gate valves in the existing system or sections of the completed mains which are being used by the Owner shall be done only in the presence of the Engineer or his designated representatives. Item 1 - 14/19 18. Tests (1) Time for Making Tests: Tests shall be made only after completion of partial backfill as specified in the backfilling section and not until at least 36 hours after the last concrete thrust or reaction backing has been cast with high early strength cement, or at least 7 days after the last concrete thrust or reaction backing has been cast with standard cement. Pipe lines shall be tested before backfilling at joints, except when local conditions in the opinion of the Engineer, are such that the trenches must be backfilled immediately after laying the pipe, in which case the pressure tests may be made after backfilling has been completed but before replacement of permanent paving. (a) Leakage tests of pipe shall be made only after the pipe has been filled with water for a minimum of 24 hours. (b) Where practicable, pipe lines shall be tested in lengths between line -valves or plugs of no more than 1,500 feet. (2) Procedure for Testing* Each section of pipe line shall be chlorinated just prior to testing. Each section of pipe line shall be slowly filled with water and the specified test pressure, measured at the point of lowest elevation, shall be applied by means of a test pump connected to the pipe, in a manner satisfactory to the Engineer. The test pump, pipe connections and all necessary apparatus, gages and meters shall be furnished, installed and operated by the Contractor, at his expense. (a) Expelling Air Before Tests: Dunng the filling of the pipe and before applying the specified test pressure all air shall be expelled from the pipe line. To accomplish this, taps shall be made, if necessary at point of highest elevation, and after completion of the test the taps shall be tightly plugged unless otherwise specified. Taps and plugs will be installed by the Contractor under unit prices bid for extra work. (3) Pressure Tests: The line shall pass simultaneous pressure and leakage tests before house service connections are installed onto the main line. The test pressure should be 150% of the working pressure at the point of the test. The duration of the test shall be eight hours. The allowable leakage can not be greater than that determined by the following formula: NDIP L = 7400 Where: L = GPH (gallon per hour) N = Number of joins in test section D = Nominal diameter of pipe in inches P = Test pressure in psig Item 1 - 15/19 Sufficient backfill should be placed prior to filling with water and field testing to prevent shifting of the pipe due to pressure. The trenches should be backfilled immediately after the pipe has been laid since exposed pipe is subject to damage from falling heavy objects as well as subject to floatation from water inadvertently entering the trench. Testing should be carried out after backfilling has been completed, but before placement of permanent surface. Be sure the test ends are braced and capped properly to withstand the thrust created by the pressure tests. The pipe line should be filled as slowly as possible to avoid any unnecessary surges. Open all hydrants to allow air inside the pipe to escape. The line should then be filled with water to static pressure, and all hydrants opened to allow air to escape Allow line to sit under static pressure for at least 15 minutes. Open all hydrants again to allow any remaining air to be blown from the line, after which the line may be brought up to full test pressure. (b) Examination of Individual Joints for Leakage: All exposed pipes, fittings, valves, hydrants, and joints shall be examined for leakage during the test. Any joint found where the accumulated leakage of that joint exceeds the rate of leakage computed, shall be rejected by the Engineer. All visible leaks at exposed joints, and all leaks evident on the surface where joints are covered, shall be stopped and leakage minimized, regardless of total leakage as shown by tests. 19. Backfilhng (1) The method of backfilling pipe trenches shall be as follows: (a) Sand backfill shall be hand placed and compacted by means of hand or mechanical tamping in layers not exceeding six (6) inches on both sides of the pipe simultaneously, from the top of the embedment material limit as specified, up to the springline of the pipe. (b) In the unpaved areas, the trench shall be backfilled from the springline of the pipe to the surface with on -site spoil material as approved by the Engineer. The backfill shall be placed in one foot increments and compacted to 95% standard density by means of hand or mechanical tamping. (c) In paved areas, the trench shall be backfilled with sand in layers not to exceed 6-inch from the springline of the pipe to 6-inch above the pipe and compacted to 95% standard density by means of hand or mechanical tamping. From 6-inch above the pipe to below the concrete pavement or below asphalt base material, the trench shall be backfilled with cement stabilized sand (1 1/2 sk per cubic yard) and compacted to 95% standard density. The backfill shall be placed in increments of one foot and compacted by the means of hand or mechanical tamping. (d) Restoration of Surfaces and/or Structures: 1) The Contractor shall restore and/or replace paving, curbing, sidewalks, gutters, shrubbery, fences, sod or other disturbed surfaces or structures to a condition equal to that before the work began and to the satisfaction of the Engineer and shall furnish all labor and material incidental thereto. Item 1 - 16/19 2) The Contractor will replace all macadam surfaced streets, base, and surface of all streets having a concrete base, and monolithic concrete curbs, which have been removed. Concrete shall have 28-day strength of minimum 3,000 psi In restoring improved surfaces, new pavement is required. No permanent surface shall be placed within 30 days after the backfilling shall have been completed, except by order of the Engineer. The expense of refilling the trenches, replacing roadways, and other surfaces and maintaining them during the period of the Maintenance Bond must be included in the unit price bid for laying the water mains. (2) Surplus Earth: All surplus excavated materials are to be disposed of by the Contractor, unless the Owner directs him to haul same to nearby property. (a) Should the Contractor neglect to keep the excavated material from his trenches from mixing with that of other Contractors, the Engineer will be the judge as to who is responsible. The Engineer may order same removed at the expense of the Contractor. (3) Deficiency of Backfill, by Whom Supplied: Any deficiency in the quantity of material for backfilling the trenches or for filling depressions caused by settlement shall be supplied by the Contractor. 20. Disinfection of Completed Lines. (1) Before being placed in service, and before certification of completion by the Engineer, all new water systems, or extensions to existing systems or valved section of such extension, or any replacement in the existing water system, or any exposed section of the existing system, shall be dis-infected according to the AWWA Standard C-651 (latest edition). (2) Sterilization of Mains: Liquid chlorine or H.T.H solution will be used as a sterilizing agent, and the Contractor will pay for all such materials and labor required for the apphcation of this chemical and shall make and maintain the necessary excavations for tapping the mains and install the necessary taps. Water for such purposes shall be furnished without charge to the Contractor. Retesting shall be done with purchased water. 21. Use of Completed Sections of Mains. (1) The Owner shall be permitted to use and operate any sections of the mains which are in a satisfactory operating condition. The gate valves in such completed sections of mains shall not be operated by the Contractor unless under instructions from the Engineer. (2) The use of the mains shall not be construed as an acceptance of same and the Contractor will not be relieved of any of his responsibilities for fulfilling the conditions of this contract unless the mains are damaged on account of negligence on the part of the Owner. (3) The Engineer may order the Contractor to set additional fittings, valves, and Item 1 - 17/19 appurtenances other than those shown on the plans, at the time the mains are being laid. Payment for this extra work to be in accordance with unit prices included in the contract. 22. Measurements of Completed Mains. The mains will be measured along the axis of the pipe and shall include all fittings and valves, and appurtenances other than those shown on the plans, at the time the mains are being laid. Payment for this extra work to be in accordance with unit prices included in the contract. 23. Clean-up and Maintenance. (1) Clean-up (a) Contractor's equipment, surplus materials, and surplus earth shall be removed from the job, following the final test of mains and all street surfaces replaced to the satisfaction of the Engineer before the final estimate will be approved. (b) Surplus pipe -line material, tools, and temporary structures shall be removed by the Contractor. All dirt, rubbish, and excess earth from excavations shall be hauled to a dump provided by the Contractor, and the construction site shall be left clean, to the satisfaction of the Engineer. (2) Maintenance: The Contractor shall maintain all parts of the work done under this contract, or in any way affected through the execution of this contract in a satisfactory operating condition during the period of the Maintenance Bond unless it is the opinion of the Engineer that the Contractor was in no way responsible for said unsatisfactory condition. Should the Contractor be required to make repairs after the roadway surfaces have been replaced, either before acceptance of work or during maintenance period, he shall furnish and place all earth, shell or other roadway materials needed for restoring the streets to their conditions prior to making the repairs. Repairs of all types will be made by the Owner at the expense of the Contractor when it is apparent that the delay in serving notice to the Contractor will cause serious loss or damage. Should it be questionable that the Contractor will maintain a local office with an organization capable of making repairs during the period of the Maintenance Bond, the Engineer will require that the Contractor shall secure the services of a Resident Contractor with such an organization. The Contractor who is to handle the maintenance work shall notify the Engineer, in writing and prior to the payment of the final estimate, that he has accepted their responsibility of such maintenance. 24. Service Connections. (1) Plastic service connections shall be installed by the Contractor where directed by the Engineer. The Contractor shall do all work and furnish all tools and material (except meter) for the completed installation, including all excavation and backfill, tapping the main, Item 1 - 18/19 corporation stop, plastic tubing, and curb stop and setting meter box. (2) All material shall be as prescribed under "Material Specifications". All work shall be done in a workmanlike manner using methods approved by the Engineer. (3) connection. Each service connection shall be paid for at the unit contract price for service (4) Tapping Mains: (a) On PVC pipe the Contractor will use a tapping machine that pulls the coupon. (b) Saddles - Water Lines: For PVC pipe use Vega bronze saddles with bronze bolts with standard thread, or equal, as approved by the Engineer. 25 Location of Mains. Water lines shall not be installed closer than 10 feet to septic tank drainfields, where drainfields are in use. Item 1 - 19/19 ITEM 2 - TRENCHING AND SHORING SAFETY REQUIREMENTS 1. Scope: This section is intended to provide specifications for the minimum requirements for trench safety Trench protection for all trenches over five (5') feet in depth shall be accomplished by the Contractor i accordance with all provisions of PART 1926, SUBPART P - EXCAVATIONS, TRENCHING, AND SHORING, of the OCCUPATIONAL SAFETY AND HEALTH STANDARDS AND INTERPRETATIONS (OSHA), or any updated and subsequent version thereof. 2. Responsibility: It is the sole duty, responsibility and prerogative of the Contractor, not the Owner or Engineer to determine the specific applicability of a trench safety system to each field condition encountered on the project. I will be the Contractor's responsibility to identify the soil type and to accurately adjust his trench safety methods according to the OSHA requirements. The Contractor shall indemnify and hold harmless the City, its employees, and agents, from any and all damages, costs (including without limitation, legal fees, court costs, and the cost of investigation), judgements or claims by anyone for injury or death of persons resulting from the collapse or failure of trenches constructed under this contract. 3. Method of Measurement and Payment: Trench excavation safety protection shall be measured by the linear foot of trench deeper than five (5) feet and paid at the unit price in the bid proposal. Trench safety for bore pits shall be incidental to unit bid price for the tench safety. Special shoring requirements will be measured by the square feet of shoring used. Unless otherwise indicated, the basis of determining square feet of shoring will be as follows: Pipe: The length or width will be measured from center of the pipe to a point Three (3) to seven and one half (7.5) feet in each horizontal direction (longer dimensions are allowed if condition warrants) The height of the shoring will be measured from the top of natural grade to the bottom of pipe. Bid price is for the trench safety system, including but not limited to all benching, sloping, hauling, shoring sheeting, sheet piling, and all other incidentals necessary to provide the trench safety system as required. Structures: Trench Safety for structures such as lift stations, manhole, and others shall be incidental to the unit price of that item. Item 2 - 1/1 APPENDIX "A" SPECIFICATIONS FOR MATERIALS FOR WATER MAINS AND APPURTENANCES 1. General: Materials and equipment shall be of standard manufacture for the required use. Where brands of material and types of equipment are called for in the specifications, they have been specified because of their quality or because their design is suited to the work. Where the term "or equal" is used, the Contractor may offer substitute items of material or equipment. The burden of proof of equality shall be upon the Contractor and the Engineer shall be the sole judge as to equality between specified items and substitutions offered. Those materials called out in bid documents supersede materials specified here. 2. Cast Iron Pipe - (4 Inch and Larger): a. Cast iron pipe shall be manufactured in accordance with Federal Specifications WW- P-421a, AWWA C106, or AWWA C108 Specifications Centrifugal cast pipe shall have a metal thickness based on a tensile strength of 18 000 lbs per square inch and modulus of rupture of 40,000 lbs. per square inch and shall be designed for five foot cover, trench condition B For any variation from the above physical strength values, there shall be a corresponding variation in metal thickness based in the formula in the Manual for Computation of Strength and Thickness of Cast Iron Pipe (A21 1-1939) as approved by the American Standards Association. b. All pipe shall be Class 150 and shall be furnished with one of the following type Joints: (1) Mechanical Joint (Type III); or Boltless Gasketed Joint Pipe similar to that known as "Bell-Tite" "Tyton", or 'Fastite", or equal, as approved by the Engineer. c. All cast iron pipe and fittings shall be tar coated outside and cement lined and seal coated inside per AWWA C104 Specification, except that the cement lining may be half thickness per Federal Specifications WW-P-421 a. d. All cast iron pipe, fittings, joints, and cement -lining shall be approved by Underwriters' Laboratory, and shall be accepted by the State Fire Insurance Commission for use in water distribution systems without penalty. e. Prior to use of this material, the Engineer shall be furnished Manufacturer s Certificate in duplicate attesting compliance of materials with requirements of applicable specifications. APPENDIX A - 1/5 3. PVC Plastic Pipe - (1" to 16") a. All pipe and appurtenances shall bear the National Sanitation Foundation Standard No. 14 Seal of Approval (NSF No. 14) for thermoplastic materials, pipe, fittings, valves, traps and joining materials. (1) 1" through 3" piping shall consist of polyethylene (PE) pressure pipe, tubing and fittings meeting ASTM D2737 and ASTM D2239 and all standards as set forth in The latest edition of AWWA C901. (2) 4" through 16" piping shall conform to ASTM D1784 specifications for rigid Poly (Vinyl Chloride) (PVC) compounds, ASTM 12454-B (PVCI 120) material requirements, and ASTM D2241 specifications for PVC plastic pipe (SDR-PR). The pipe shall have a wall thickness of DR 18 and meet all standards as set forth in the latest edition of AWWA C900 or C905. b. Joints shall be elastomeric-gasket bell -end pipe and meet ASTM D3139 requirements for proper design and performance of joints Elastomeric gaskets shall be manufactured to conform with the requirements of ASTM F477. c. Prior to use of this material, the Engineer shall be furnished with the Manufacturer's Certificate in duplicate attesting compliance with specification requirements. 4. Cast Iron Fittings (4" and Larger) a. Fittings for cast iron and PVC pipe shall be standardized push -on or mechanical joint fittings for Class 150 pipe with joints in accordance with AWWA C111 Specifications. b. Cast iron fittings shall be tar coated outside and cement -lined and seal coated inside per AWWA C1O4 Specifications except that cement lining may be half thickness per Federal Specification WW-P-421a. 5. Ductile -Iron Pipe and Fittings: a. Ductile -iron pipe and fittings shall be manufactured in accordance with ANSI Standard A21.51 (AWWA C151) Specifications. The mechanical or push -on joint shall also conform in all respects to ANSI Standard A21.10 (AWWA C111) of latest revision. All fittings shall be capable of withstanding, without bursting, hydrostatic tests of 3.0 times the rated water working pressure. APPENDIX A - 2/5 c. All ductile -iron pipe and fittings shall be tar coated outside and cement lined and seal coated inside per AWWA C104 Specifications. The outside coating shall be bituminous coating approximately 1 mil thick. The coating shall be applied to the outside of all fittings unless otherwise specified. d. Prior to use of pipe the Engineer shall be furnished manufacturer's certificate in duplicate covering compliance of materials with these specifications. e. All non -PVC underground pressure pipe shall have "Uni-Flange", "PV-Lock", or approved equal restraints at all bends with fittings. 6. Fire Hydrants: a. Each fire hydrant shall have a 5" minimum valve opening and shall be furnished with 3 outlets each with screw cover. Sizes and threading of outlet covers shall be as specified by the Owner. The centerline of the lowest outlet shall be at least 18" above ground level. Operating nut shall be bronze and shall open valve by turning to the left or counter- clockwise Fire hydrant shall be furnished with 4-foot bury, or as required by the profile in the plans. Inlet connections shall be as required, for the type of pipe leads. b. All fire hydrants shall conform to the specifications of the AWWA, suitable for bury as indicated on the plans. Standard hydrants shall be 5-1/4 inch valve opening, and shall have two hose connections 2-1/2 inch diameter, and one steamer connection. Hose connection threads shall be National Standard Board of Fire Underwriter for 2- 1/2" connections and 4-492 for steamer connection (old City of Houston). Standard hydrants shall have a 6-inch bottom bell connection and shall have a flanged joint above the ground line and shall be so constructed that water will not be wasted in case of damage to barrel. All hydrants shall have one coat of primer and one coat of finish, color of which is to comply with City Standard Fire hydrants shall be located as shown on the plans. In no case shall a fire hydrant be located within nine (9) feet of a sanitary sewer. c. Fire hydrants shall have a weather cap or other suitable device to prevent water from entering bonnet section of valve. d. Fire hydrants shall have provision for lubricating stem threads and other working parts and bearing surfaces. The main valve of the fire hydrant shall be balata, leather or other suitable material where it bears on metal seats. APPENDIX A - 3/5 e. Fire hydrant shall be of a compression type which closes with line pressure. Nozzles shall be of the breech locked or screwed type. f. Fire hydrant shall have a safety flange at or near ground level to minimize damage from vehicular impact and the hydrant shall be so constructed that the main valve will remain closed if fire hydrant is broken at safety flange. g. Fire hydrants shall be Mueller Super Centurion 200 w/6" P.O. Shoe, or approved equal h. Fire hydrant shall be painted per color code provided in standard waterline detail sheet. 7. Gate Valves Gate valves shall conform to the latest American Water Works Association Standard C502 Specifications for ordinary Water Works Service. Gate valves shall be of a. resilient seat type having double discs, parallel seats and discs shall be bronze mounted. Gate valves shall be of the non -rising stem type. Stems shall be bronze with Acme threads. Seat rings shall be bronze. Body shall be of a high grade cast iron. Gate valves shall be furnished with connecting ends as applicable to the type of pipe being used. Valves shall operate counter -clockwise to open All valves installed in mains under this contract shall be of the same make, and shall be Mueller (A-238-24 for AC pipe and A-2380-37 for PVC pipe) or Dresser or equal. 8. Tapping Sleeves and Valves: a. Tapping Sleeves shall be Mueller No. H-611 or H-619 for AC pipe and H-615 for cast iron pipe. Tapping sleeves for other types of pipe shall be as required by AWWA Specifications. b. Valves shall be Mueller Company's No. H-667 or equal or as required by AWWA specifications. 9. Gate Valve Boxes: Gate valve boxes shall be adjustable Tyler Foundry's Item 6890-A or equal. 10. Cold Water Service Meters - Displacement Type. a. Cold Water Service Meters for service connections shall be Positive Displacement type with magnetic drive as manufactured by Rockwell Manufacturing Company Badger Meter Manufacturing Company, Neptune Meter Company or approved equal. b. Meters shall conform with AWWA Standard C-700 with the following additions or deletions: APPENDIX A 4/5 (1) Registers shall be hermetically sealed type reading in U. S. Gallons and carry a 10-YEAR GUARANTEE against defective parts or workmanship. In the event of the failure for the above reasons the entire register gear train unit will be replaced, not just the defective part. (2) Measuring chambers shall be of Nickalloy or Penton to be inert to corrosion and electrolysis. (3) Water meters to be all bronze case bolts, screws with SN No. on lid and with heat treated glass in register face Meters to be "Top of the Line". Meters will be supplied with bronze coupling tailpieces, coupling nuts and leather washers. (4) Sample meters shall be submitted together with pressure loss curves for each size of meter required, and parts price list with applicable purchase discount to be effective for a period of twelve months after delivery of meters. 11. Water Meter Boxes: Meter boxes shall be NDS Model No. D 15AMR2-DISB, or approved equal. Boxes shall be compatible to Neptune Pro -read. APPENDIX A - 5/5 APPENDIX "B" WATER LINE/NEW SEWER LINE SEPARATION A. Water line/new sewer line separation. When new sanitary sewers are installed, they shall be installed no closer to waterlines than nine feet in all directions. Sewers that parallel waterlines must be installed in separate trenches. Where the nine foot separation distance cannot be achieved, the following guidelines will apply: 1. Where a sanitary sewer parallels a waterline, the sewer shall be constructed of cast iron, ductile iron or PVC meeting ASTM specifications with a pressure rating for both the pipe and joints of 150 psi. The vertical separation shall be a minimum of two feet between outside diameters and the horizontal separation shall be a minimum of four feet between outside diameters. The sewer shall be located below the waterline. 2. Where a sanitary sewer crosses a waterhne and the sewer is constructed of cast iron, ductile iron or PVC with a minimum pressure rating of 150 psi, an absolute minimum distance of 6 inches between outside diameters shall be maintained. In addition the sewer shall be located below the waterline where possible and one length of the sewer pipe must be centered on the waterline. 3. Where a sewer crosses under a waterline and the sewer is constructed of ABS truss pipe, similar semi -rigid plastic composite pipe, clay pipe or concrete pipe with gasketed joints, a minimum two foot separation distance shall be maintained. The initial backfill shall be cement stabilized sand (two or more bags of cement per cubic yard of sand) for all sections of sewer within nine feet of the waterline This initial backfill shall be from one quarter diameter below the centerline of the pipe to the one pipe diameter (but not less than 12 inches) above the top of the pipe. 4. Where a sewer crosses over a waterline all portions of the sewer within nine feet of the waterhne shall be constructed of cast iron ductile iron, or PVC pipe with a pressure rating of at least 150 psi using appropriate adapters. In heu of this procedure the new conveyance may be encased in a joint of 150 psi pressure class pipe at least 18 feet long and two nominal sizes larger than the new conveyance The space around the carrier pipe shall be supported at 5 feet intervals with spacers or be filled to the springlme with washed sand. The encasement pipe should be centered on the crossing and both ends sealed with cement grout or manufactured seal. APPENDIX B - 1 /2 B. Water line/Manhole separation. Unless sanitary sewer manholes and the connecting sewer can be made watertight and tested for no leakage, they must be installed so as to provide a minimum of mne feet of horizontal clearance from an existing or proposed waterline. Where the nine foot separation distance cannot be achieved, a carrier pipe as described in subsection (a)(4) of this section may be used where appropriate. APPENDIX B - 2 /2