CSJ_722-NHR-Project_Manual_v3 (3).pdf

CITY OF HOUSTON

HOUSTON PUBLIC WORKS

CAPITAL PROJECTS

PROJECT MANUAL

NORTH HOUSTON ROSSLYN ROAD SIDEWALK IMPROVEMENTS

WBS No.: N-MD0370-0007-7

(CITY OF HOUSTON SYSTEMIC SAFETY PROJECT)

CSJ: 0912-72-722

TDLR Project Nos. TABS2025021916

SPECIFICATIONS

Division 00 – 16

Issue Date: June 1, 2026

Letting Date: August 2026

The Goodman Corporation TBPE Firm No. 19990 3200 Travis Street, Suite 200 Houston, TX 77006

(713) 951-7951

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TABLE OF CONTENTS

00010-1

05-29-2026

Document 00010

NOTE: Capitalized Specification Sections are included in https://www.houstonpermittingcenter.org/media/6386/download, and are incorporated in Project Manuals by reference as if copied verbatim. Documents listed "for filing" are to be provided by Bidder and are not included in this Project Manual unless indicated for example only. The Document numbers and titles hold places for actual documents to be submitted by Contractor during Bid, post-bid, or construction phase of the Project. Specification Sections marked with an asterisk (*) are amended by a supplemental specification, printed on blue paper and placed in front of the Specification it amends. Documents in the 00200, 00300 and 00400 series of Division 00, except for Document 00410B, “Bid Form, Part B,” are not part of the Contract.

Pg. Doc. No. Document Title Doc. Date

INTRODUCTORY INFORMATION

2 00010 Table of Contents ...................................................................... 05-29-2026 7 00015 List of Drawings ......................................................................... 05-20-2026

CONTRACTING REQUIREMENTS

AGREEMENT

10 00520 Agreement ................................................................................. 05-27-2026

BONDS AND CERTIFICATES

15 00600-T List of Proposed Subcontractors and Suppliers ......................... 05-20-2026 17 00610 Performance Bond ..................................................................... 07-30-2020 20 00611 Statutory Payment Bond ............................................................ 07-30-2020

GENERAL CONDITIONS

22 00700 General Conditions .................................................................... 02-27-2026

SUPPLEMENTARY CONDITIONS

80 00800 Supplementary Conditions ......................................................... 03-17-2026 83 00810 Wage Scale for Highway Construction ....................................... 02-01-2026

ADDENDA AND MODIFICATIONS

88 00943 Monthly Subcontractor Payment Reporting Form ...................... 02-27-2026 90 00946 Payment Notification – Explanation Of Withholding ................... 02-27-2026

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00010-2

FEDERAL AND TxDOT PROVISIONS 92 FHWA-1273 Required Contract Provisions – Federal-Aid Construction Contracts 10-23-2023 106 1L Abbreviations and Definitions 118 2L Instructions to Bidders 124 3L Award and Execution of Contract 127 4L Scope of Work 131 5L Control of Work 137 6L Control of Materials 143 7L Legal Relations and Responsibilities 156 8L Prosecution and Progress 165 9L Measurement and Payment 171 SP 000-001L Nondiscrimination 173 SP 000-002L Certification of Nondiscrimination in Employment 174 SP 000-007L Cargo Preference Act Requirements 175 SP 002-003L Instructions to Bidders 176 SP 003-006L Award and Execution of Contract 177 SP 006-009L Control of Materials

FEDERAL, STATE & TxDOT STATEMENTS & CERTIFICATIONS 181 00950 Contractor’s Assurance 182 00951 Certification Regarding Lobbying 183 00952 Child Support Statement 187 00953 Acknowledgment of Stormwater Management Program 188 00954 House Bill 89 Verification 189 00955 Title VI Nondiscrimination 191 00956 Non-collusion Statement 192 00957 Statement of Loan Guarantees 193 00958 Prison Produced Materials 194 00959 Certification Regarding Disclosure of Public Information 197 00960 Prohibition on Certain Telecommunications Equipment or Services 198 Form 1818 Material Statement 199 Form 2177 Prompt Payment Certification

CITY OF HOUSTON GENERAL NOTES (Included in Plan Set)

200 General Notes 201 METRO Notes 202 CenterPoint Energy Notes 204 AT&T Texas/SWBT Facilities 205 Storm Water Pollution Prevention Notes 206 Tree Protection Notes 206 Street and Bridge Construction Notes 207 Storm Construction Notes

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00010-3

SPECIFICATIONS

Division 01 through 16 Specifications reference the latest editions of the Standard Specifications that are in effect as of the date of receipt of bids, unless otherwise noted. Supplemental Specifications include Doc Date for reference.

Project Specific Notes:

Division 01 is included in Volume 2 of this project manual. Division 02 through 15 Specifications are included in https://www.houstonpermittingcenter.org/media/6386/download, and are incorporated in Project Manuals by reference as if copied verbatim.

CenterPoint Energy’s streetlighting specifications, provided as an attachment to Section 02581 – Street Lighting Conduits, are included in this project manual following Division 1.

The specification sections included in this Table of Contents correspond to the respective bid items or to related sections identified within the bid item specifications.

DIVISION 1 - GENERAL REQUIREMENTS

210 01110 Summary of Work ..................................................................... 03-13-2026 220 01145 Use of Premises 224 01255 Change Order Procedures 229 01270 Measurement and Payment 233 01292 Schedule of Values 235 01312 Coordination And Meetings 238 01321 Construction Photographs 242 01325 Construction Schedule 247 01330 Submittal Procedures 251 01340 Shop Drawings, Product Data, and Samples 254 01351 Environmental Safety and Worker Protection 268 01450 Contractor's Quality Control 270 01452 Inspection Services 271 01454 Testing Laboratory Services 274 01502 Mobilization 277 01554 Traffic Control and Street Signs 284 01555 Traffic Control and Regulation 293 01562 Tree and Plant Protection 303 01570 Storm Water Pollution Prevention Control 318 01576 Waste Material Disposal 320 01580 Project Identification Signs 327 01610 Basis Product Requirements 330 01630 Product Substitution procedures 334 01725 Field Surveying 337 01731 Cutting and Patching 341 01740 Site Restoration

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00010-4

348 01755 Starting Systems 350 01770 Closeout Procedures 353 01782 Operations and Maintenance Data 356 01785 Project Record Documents

DIVISION 2 - SITE WORK

02086 ADJUSTING MANHOLES, INLETS AND VALVE BOXES TO GRADE

02221 REMOVING EXISTING PAVEMENTS, STRUCTURES, WOOD, AND

DEMOLITION DEBRIS

02233 CLEARING AND GRUBBING

02315 ROADWAY EXCAVATION

02317 EXCAVATION AND BACKFILL FOR UTILITIES

02318 EXTRA UNIT PRICE WORK FOR EXCAVATION AND BACKFILL

02520 FIRE HYDRANTS

02555 MANHOLE REHABILITATION

02581 STREET LIGHTING CONDUIT

359 02581A Attachments- CNP Street Lighting Specifications ...................... 03-13-2026

02582 TRAFFIC POLE ASSEMBLIES – STEEL

02590 STREETLIGHT LUMINAIRES

02631 STORM SEWERS

02632 CAST-IN-PACE INLETS, HEADWALLS, AND WINGWALLS

02633 PRECAST CONCRETE INLETS, HEADWALLS AND WINGWALLS

02712 CEMENT STABILIZED BASE COURSE

02751 CONCRETE PAVING

02754 CONCRETE DRIVEWAYS

02762 BLAST CLEANING OF PAVEMENT

02764 RAISED PAVEMENT MARKERS

02765 PREFORMED PAVEMENT MARKINGS

02767 THERMOPLASTIC PAVEMENT MARKINGS

02771 CURB, CURB AND GUTTER, AND HEADERS

02772 CONCRETE MEDIANS AND DIRECTIONAL ISLANDS

02775 CONCRETE SIDEWALKS

02811 LANDSCAPE IRRIGATION

02890 PEDESTRIAN CROSSWALK SYSTEM RECTANGULAR RAPID FLASHING

BEACON (RRFB)

02893 TRAFFIC SIGNAL CONSTRUCTION

02922 SODDING

DIVISION 5 - METALS

05501 METAL FABRICATIONS

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00010-5

DIVISION 9 - FINISHES

09901 PROTECTIVE COATINGS

DIVISION 16 – ELECTRICAL

16709 COMMUNICATIONS CONDUIT

16710 PULL BOXES

16711 TRAFFIC SIGNAL CONDUIT

16715 VEHICLE SIGNAL HEADS (POLYCARBONATE) (ADJUSTABLE,

EXPANDABLE TYPE)

16716 PEDESTRIAN SIGNAL HEADS

16719 COUNTDOWN PEDESTRIAN SIGNAL MODULE

16720 TRAFFIC SIGNAL CABLE

16724 EMERGENCY VEHICLE PREEMPTION (EVP)

16727 TRAFFIC SIGNAL SAWCUT LOOP DETECTOR

16730 INTELLIGENT TRANSPORTATION SYSTEM (ITS) CONTROLLER CABINET

ASSEMBLY

16731 MODEL 2070 CONTROLLER UNIT

16732 UNINTERRUPTIBLE POWER SUPPLY (UPS) SYSTEM FOR TRAFFIC SIGNAL

CABINETS

16733 FIELD HARDENED ETHERNET SWITCH

16739 BLUETOOTH SPECIFICATION (ANONYMOUS WIRELESS ADDRESS

MATCHING DEVICE)

16743 CODE DIVISION MULTIPLE ACCESS (CDMA) MODEM ASSEMBLY

16750 ACCESSIBLE PEDESTRIAN PUSH BUTTON STATION

16785 GPS SERIAL COMMUNICATIONS

END OF DOCUMENT

WBS No. N-MD0370-0007-7 (CSJ No. 0912-72-722)

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LIST OF DRAWINGS

00015-1 05-20-2026

Document 00015

North Houston Rosslyn Sidewalk Improvements (CSJ: 0912-72-722 / WBS: N-MD0370-0007-7)

I. GENERAL

1 COVER SHEET

2 INDEX OF SHEETS AND VICINITY MAP

3 GENERAL NOTES

4 CONSTRUCTION NOTES, LEGENDS AND ABBREVIATIONS

5 QUANTITIES

6 TYPICAL SECTIONS AND DETAILS 1

7 TYPICAL SECTIONS AND DETAILS 2

8 DRIVEWAY SCHEDULE AND DETAILS

9 DRAINAGE CALCULATIONS

10 FEMA FLOODPLAIN MAP

11 SURVEY CONTROL MAP 1 OF 2

12 SURVEY CONTROL MAP 2 OF 2

13 OVERALL LAYOUT

14 EPIC 10OF 2

14A EPIC 2 OF 2

II. REMOVAL, SIDEWALK AND SIGNAL LAYOUT PLANS ABD DETAILS

15 REMOVAL & SWPPP PLAN 1

16 REMOVAL & SWPPP PLAN 2

17 REMOVAL & SWPPP PLAN 3

18 REMOVAL & SWPPP PLAN 4

19 REMOVAL & SWPPP PLAN 5

20 SIDEWALK PLAN 1

21 SIDEWALK PLAN 2

22 SIDEWALK PLAN 3

23 SIDEWALK PLAN 4

24 SIDEWALK PLAN 5

25 STREETLIGHT PLAN 1

26 STREETLIGHT PLAN 2

27 STREETLIGHT PLAN 3

28 STREETLIGHT PLAN 4

29 STREETLIGHT PLAN 5

30 EXISTING SIGNAL LAYOUT AT N HOU ROSSLYN RD & W GULF BANK RD

31 PROPOSED SIGNAL LAYOUT AT N HOU ROSSLYN RD & W GULF BANK RD

32 EXISTING SIGNAL LAYOUT & REMOVALS AT N HOU ROSSLYN RD & WOODSMAN TR

33 PROPOSED SIGNAL LAYOUT AT N HOU ROSSLYN RD & WOODSMAN TR

34 POLE SCHEDULE AT N HOU ROSSLYN RD & WOODSMAN TR

35 HIGH VOLTAGE SCHEMATIC AT N HOU ROSSLYN RD & WOODSMAN TR

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00015-2

36 LOW VOLTAGE SCHEMATIC AT N HOU ROSSLYN RD & WOODSMAN TR

III. LANDSCAPING PLANS AND DETAILS

37 LEGENDS & MATERIAL SCHEDULE

38 W GULF BANK INTERSECTION

39 MAJESTIC OAKS INTERSECTION

40 SWONKE INTERSECTION

41 WOODSMAN INTERSECTION

42 SITEWORK DETAILS 1

43 SITEWORK DETAILS 2

44 SITEWORK DETAILS 3

IV. DETAILS

IVa. COH GENERAL DETAILS

45 01555-14 - BARRICADE AND CHANNELIZING DEVICES

46 01571-01 - STORM WATER POLLUTION PREVENTION PLAN DETAILS

47 01580-01 - CONSTRUCTION SIGN

IVb. COH STANDARD DETAILS FOR STREET PAVING AND SIDEWALK

02752-02 - SIDEWALK EXPANSION AND CONSTRUCTION JOINT DETAILS

02754-01B - DRIVEWAY DETAIL WITH 6" CURBED STREETS

50 02754-03 - PROPOSED SIDEWALK THROUGH DRIVEWAY WITH EXCESSIVE ELEVATION DIFFERENCE

51 02771-01 - CURB, CURB AND GUTTER, AND HEADER DETAILS

52 02772-01 - ESPLANADE NOSE AND LEFT TURN DETAILS

02775-01 - TYPICAL SIDEWALK LAYOUT AND DETAILS FOR STREETS WITH CURBS

53 02775-02 - TYPICAL CURB RAMP DETAILS

54 02775-04 - CURB MODIFICATION FOR CURB RAMPS & CROSSWALKS

02775-06 - DETECTABLE WARNING CURB RAMP DETAILS

55 02775-07 - DETECTABLE WARNING SURFACE (OPTIONS)

02775-08 - SIDEWALKS AND CLEAR ZONE TRANSIT CORRIDOR STREET

IVc. COH STANDARD DETAILS FOR TRAFFIC SIGNALS

01554-01 - GENERAL NOTES AND GROUND MOUNTING SIGN

01554-02 - SIGN BASE HARD SURFACE MOUNTING DETAILS SOLAR-

POWERED FLASHING BEACON ASSEMBLY (COMPLETE) DETAIL

01554-03 - STRE ET NAME SIGN AND SIGN MOUNTING

01554-07 - TYPICAL SIGN PLACEMENT

58 01554-06 - GROUND MOUNTED SIGN SIZES

59 01554-11 - OVERHEAD STREET NAME SIGN MOUNTING DETAILS

60 02465-01 - DRILLED SHAFT FOUNDATIONS

61 02465-02 - PEDESTAL OR PUSHBUTTON POLE DRILLED SHAFT FOUNDATION

62 02582-01 - TYPICAL MAST ARM/POLE FIXTURE CONFIGURATION

63 02582-02 - TRAFFIC SIGNAL STRUCTURES 01 OF 02

64 02582-03 - TRAFFIC SIGNAL STRUCTURES 02 OF 02

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00015-3 05-20-2026

65 02760-01 - PAVEMENT MARKINGS GENERAL NOTES AND LEGENDS

66 02760-03 - STANDARD PAVEMENT MARKING (WORDS)

67 02760-04 - STANDARD PAVEMENT MARKING SYMBOLS

68 02760-12 - TYPICAL CROSSWALK DETAILS

69 02893-01 - HARDWARE LEGENDS

16710-01 - PULL BOXES

70 16727-01 - LOOP DETECTOR INSTALLATION DETAILS

71 16730-03 - CONTROLLER FOUNDATIONS - SHEET 3 OF 3

IVd. COH STANDARD DETAILS FOR TRAFFIC CONTROL

01555-01 - TCP NOTES CHANNELIZING DEVICES AND BARRICADES

01555-02 - TCP OVERALL TRAFFIC CONTROL LAYOUT

74 01555-03 - TRAFFIC CONTROL LAYOUT

75 01555-04 - TCP ONE LANE CLOSURE PHASE 1 & 2

76 01555-05 - TCP TYP DETOUR ROUTING WITH ONE LANE CLOSURE (1 BLOCK)

77 01555-06 - TCP TYP CONST ZONE AT A T-INTERSECTION - PHASE 1 OF 3

78 01555-07 - TCP TYP CONST ZONE AT A T-INTERSECTION - PHASE 2 OF 3

79 01555-08 - TCP TYP CONST ZONE AT A T-INTERSECTION - PHASE 3 OF 3

80 01555-13 - TRAFFIC CONTROL PLAN FOR SIGNAL CONSTRUCTION

81 01555-16 - CROSSWALK CLOSURES AND PEDESTRIAN DETOURS

IVe. COH STANDARD DETAILS FOR TREE AND HARDSCAPE PROTECTION

01562-01 - TREE PROTECTION GENERAL REQUIREMENTS

01562-02 - TREE PROTECTION TREE AND ROOT PRUNING

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00520-1 05-27-2026

Document 00520

AGREEMENT

Project: N. Houston Rosslyn Road Sidewalk Improvements

Project Location: West side of N. Houston Rosslyn Rd from W. Gulf Bank Rd to Woodsman Trail

Project No: WBS No. N-MD0370-0007-7

The City:

THE CITY OF HOUSTON, 900 Bagby Street, Houston, Texas 77002 (the “City”).

and

Contractor:

(Address for Written Notice)

Contact name and email address:

The City Engineer, with respect to the General Conditions, is:

Oluwole McFoy, P.E. (or his successor)

P. O. Box 1562

Houston, Texas 77251-1562

(Address for Written Notice)

THE CITY AND CONTRACTOR AGREE AS FOLLOWS:

ARTICLE 1

THE WORK OF THE CONTRACT

1.1 Contractor shall perform the Work in accordance with the Contract.

ARTICLE 2

CONTRACT TIME

2.1

2.2

Contractor shall achieve Date of Substantial Completion within 136 calendar days after Date of Commencement of the Work, subject to adjustments of Contract Time as provided in the Contract.

The Chief Procurement Officer, or designee, may authorize additional extensions to the Date of Substantial Completion beyond the Contract Time when deemed necessary or in the best interest of the City.

The Parties recognize that time is of the essence for this Contract and that the City will suffer financial loss if the Work is not completed within the Contract Time. Parties also recognize delays, expense, and difficulties involved in proving in a legal or arbitration proceeding actual loss suffered by the City if the Work is not completed on time. Accordingly, and if applicable, instead of requiring any such proof, the Parties agree that as liquidated damages for delay (but not as a penalty), N. Houston Rosslyn Road Sidewalk Improvements WBS No. N-MD0370-0007-7 (CSJ No. 0912-72-722)

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00520-2 05-27-2026

Contractor shall pay the City the amount stipulated in Document 00800, Supplementary Conditions, for each day beyond Contract Time.

ARTICLE 3

CONTRACT PRICE

3.1 Subject to terms of the Contract, the City will pay Contractor in current funds for Contractor's performance of the Contract, the Contract Price of $ , which includes Alternates, if any, accepted below.

3.2 The City accepts Alternates as follows: Not Used.

ARTICLE 4

PAYMENTS

4.1 The City will make progress payments to Contractor as provided below and in the General

Conditions of the Contract.

4.2 The Period covered by each progress payment is one calendar month ending on the 15th or last day of the month.

4.3 The City will issue Certificates for Payment and will make progress payments on the basis of such

Certificates as provided in the General Conditions of the Contract.

4.4 Final payment, constituting entire unpaid balance of Contract Price, will be made by the City to

Contractor as provided in the General Conditions of the Contract.

ARTICLE 5

CONTRACTOR REPRESENTATIONS

5.1 Contractor represents:

5.1.1 Contractor has examined and carefully studied Contract documents and other related data identified in Bid Documents.

5.1.2 Contractor has visited the site and become familiar with and is satisfied as to general, local, and site conditions that may affect cost, progress, and performance of the Work.

5.1.3 Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work.

5.1.4 Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in Contract documents and (2) reports and drawings of a hazardous environmental condition, if any, at the site which has been identified in Contract documents.

5.1.5 Contractor has obtained and carefully studied (or assumes responsibility for having done

so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the

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00520-3 05-27-2026

Contract to be employed by Contractor, and safety precautions and programs incident thereto.

5.1.6 Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for performance of the Work at Contract Price, within Contract Time, and in accordance with the Contract.

5.1.7 Contractor is aware of general nature of work to be performed by the City and others at the site that relates to the Work as indicated in Contract documents.

5.1.8 Contractor has correlated information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract.

5.1.9 Contractor has given City Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract, and written resolution thereof by City Engineer is acceptable to Contractor.

5.1.10 Contract documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

ARTICLE 6

MISCELLANEOUS PROVISIONS

6.1 The Contract may be terminated by either Party as provided in the General Conditions of the

Contract.

6.2 The Work may be suspended by the City as provided in the General Conditions of the Contract.

ARTICLE 7

ENUMERATION OF CONTRACT DOCUMENTS

7.1 The following documents are incorporated into this Agreement:

[ X ] Bid Form/Proposal Form

Document No. Title [ X ] 00610 Performance Bond [ X ] 00611 Statutory Payment Bond [ ] 00612 One-year Maintenance Bond [ ] 00613 One-year Surface Correction Bond [ ] 00623 Contractor’s Act of Assurance (SRF Form ED-103) [ ] 00628 Affidavit of Compliance with Disadvantaged Business Enterprise

(DBE) Program for Project Funded By AIP Grant

[Mandatory] Document 00700 - General Conditions.

[Mandatory] .

[ X ] 00800 Supplementary Conditions [ ] 00801 Supplementary Conditions for Project AIP Funded [ ] 00802 SRF Supplementary Conditions [ ] 00803 Work Order Supplementary Conditions [ ] 00806 EPA DBE and Wage Rate Requirements (SRF only) [ ] 00807 Bidder/Contractor Requirements for DBE Program [ ] 00808 Minority and Women-owned Business Enterprise (MWBE) &

Persons with Disabilities Business Enterprise (PDBE) Program

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[ X ] 00810 Federal Wage Rate - Highway [ ] 00811 Federal Wage Rate - Building [ ] 00812 Federal Wage Rate - Heavy [ ] 00820 Wage Rate for Engineering Construction [ ] 00821 Wage Rate for Building Construction [ ] 00830 Trench Safety Geotechnical Information [ ] 00943 Monthly Subcontractor Payment Reporting Form [ ] 00946 Payment Notification – Explanation of Withholding

[Mandatory] Addenda and Riders which apply to the Contract, are as follows:

Addendum No. 1, dated

Addendum No. 2, dated

Addendum No. 3, dated

Rider No. [ ], dated

[Mandatory] 00010 Table of Contents (sealed) [Mandatory] Drawings listed in Document 00015, List of Drawings, and

Drawing No. , bound separately.

[Mandatory] Division 01 - General Requirements.

[Mandatory] Divisions 02 through 50 of Specifications.

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ARTICLE 8

SIGNATURES

8.1 The Parties have executed this Agreement in multiple copies, each of which is an original. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of this Agreement and the performance of such Party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms. The Parties hereby agree that each Party may sign and deliver this Agreement electronically or by electronic means and that an electronic transmittal of a signature, including but not limited to, a scanned signature page, will be as good, binding, and effective as an original signature.

CONTRACTOR: _________________________ (If Joint Venture)

By: By:

Name: Name:

Title: Title:

Title: Title:

Tax Identification Number: Tax Identification Number:

CITY OF HOUSTON, TEXAS

ATTEST/SEAL: SIGNED:

City Secretary Mayor

APPROVED: COUNTERSIGNED:

Director, City Controller

By: Date Countersigned:

Chief Procurement Officer

8.2 This Contract and Ordinance have been reviewed as to form by the undersigned Assistant City Attorney and have been found to meet established Legal Department criteria. Legal Department has not reviewed the content of these documents.

Assistant City Attorney Date

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LIST OF PROPOSED

SUBCONTRACTORS AND SUPPLIERS

00600-T-1

Document 00600-T

LIST OF PROPOSED SUBCONTRACTORS AND SUPPLIERS – PART A1

DBE PARTICIPATION PLAN

PROJECT NAME: N. Houston Rosslyn Road Sidewalk Improvements TOTAL DBE AWARD: $

ORIG. CONTRACT PRICE: $ TOTAL MWSBE AWARD: $

PROJECT NO.: WBS N-MD0370-0007-7 TOTAL HUB AWARD: $

DATE OF REPORT: TOTAL PDBE AWARD: $

NAICS

(6 digits)

SUBCONTRACTOR OR

SUPPLIER (INCLUDE

“MWSBE”, “PDBE”, “DBE”, OR

“HUB” DESIGNATION)2

ADDRESS

SCOPE OF

WORK3

NOTES: 1. RETURN PART A FOR PROJECTS WITH A STATED MWBE, PDBE, DBE AND/OR SBE GOAL, AS REQUIRED IN

DOCUMENT 00800 – SUPPLEMENTARY CONDITIONS. RETURN PART A WITHIN THE SPECIFIED NUMBER OF DAYS AFTER RECEIPT OF NOTICE OF INTENT TO AWARD. DUPLICATE THIS FORM AS NEEDED FOR ALL DBE

SUBCONTRACTORS AND SUPPLIERS.

2. LISTED FIRMS SHALL BE CERTIFIED BY THE AFFIRMATIVE ACTION / CONTRACT COMPLIANCE DIVISION.

3. DESCRIBE THE WORK TO BE PERFORMED, FOR WHICH THE FIRM IS CERTIFIED, SUCH AS “PAVING”, “ELECTRICAL”, ETC.

CONTRACTOR SHALL EXECUTE CONTRACTS WITH APPROVED SUBCONTRACTORS AND SUPPLIERS WITHIN 30 DAYS AFTER THE DATE OF THE NOTICE TO PROCEED. COPIES OF CONTRACTS WITH DESIGNATED FIRMS MUST BE SENT TO

THE OFFICE OF BUSINESS OPPORTUNITY.

SIGNATURE: COMPANY NAME:

NAME: TITLE:

(Type or Print)

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LIST OF PROPOSED

SUBCONTRACTORS AND SUPPLIERS

00600-T-2

Document 00600-T

LIST OF PROPOSED SUBCONTRACTORS AND SUPPLIERS – PART B1

SCHEDULE OF NON-DBE FIRMS

PROJECT NAME: N. Houston Rosslyn Road Sidewalk Improvements

DATE OF REPORT:

PROJECT NO.: WBS N-MD0370-0007-7

NAICS

(6 digits)

SUBCONTRACTOR OR

SUPPLIER

ADDRESS

SCOPE OF

WORK2

NOTES: 1. RETURN PART B FOR PROJECTS WITHIN THE SPECIFIED NUMBER OF DAYS AFTER RECEIPT OF NOTICE OF

INTENT TO AWARD. DUPLICATE THIS FORM AS NEEDED FOR ALL NON-DBE SUBCONTRACTORS AND

SUPPLIERS.

2. DESCRIBE THE WORK TO BE PERFORMED, FOR WHICH THE FIRM IS CERTIFIED, SUCH AS “PAVING”, “ELECTRICAL”, ETC.

SIGNATURE: COMPANY NAME:

NAME: TITLE:

(Type or Print)

WBS No. N-MD0370-0007-7 (CSJ No. 0912-72-722)

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PERFORMANCE BOND

00610-1 07-30-2020

Document 00610

THAT WE, , as Principal, (the “Contractor”), and the other subscriber hereto, , as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of Houston (the “City”), a municipal corporation, in the penal sum of $ for the payment of which sum, well and truly to be made to the City, its successors and assigns, Contractor and Surety do bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:

WHEREAS, the Contractor has on or about this day executed a Contract in writing with the City for , all of such work to be done as set out in full in said Contract documents therein referred to and adopted by the City Council, all of which are made a part of this instrument as fully and completely as if set out in full herein.

NOW THEREFORE, if the said Contractor shall faithfully and strictly perform the Contract in all its terms, provisions, and stipulations in accordance with its true meaning and effect, and in accordance with the Contract documents referred to therein and shall comply strictly with each and every provision of the Contract and with this Bond, then this obligation shall become null and void and shall have no further force and effect; otherwise the same is to remain in full force and effect. Should the Contractor fail to faithfully and strictly perform the Contract in all its terms, including but not limited to the indemnifications thereunder, the Surety shall be liable for all damages, losses, expenses and liabilities that the City may suffer in consequence thereof, as more fully set forth herein.

It is further understood and agreed that the Surety does hereby relieve the City or its representatives from the exercise of any diligence whatever in securing compliance on the part of the Contractor with the terms of the Contract, and the Surety agrees that it shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Contractor in all matters pertaining to the Contract. The Surety understands and agrees that the provision in the Contract that the City will retain certain amounts due the Contractor until the expiration of 30 days from the acceptance of the Work is intended for the City's benefit, and the City will have the right to pay or withhold such retained amounts or any other amount owing under the Contract without changing or affecting the liability of the Surety hereon in any degree.

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It is further expressly agreed by Surety that the City or its representatives are at liberty at any time, without notice to the Surety, to make any change in the Contract documents and in the Work to be done thereunder, as provided in the Contract, and in the terms and conditions thereof, or to make any change in, addition to, or deduction from the Work to be done thereunder; and that such changes, if made, shall not in any way vitiate the obligation in this Bond and undertaking or release the Surety therefrom.

It is further expressly agreed and understood that the Contractor and Surety will fully indemnify and save harmless the City from any liability, loss, cost, expense, or damage arising out of Contractor’s performance of the Contract.

If the City gives Surety notice of Contractor’s default, Surety shall, within 45 days, take one of the following actions:

1. Arrange for Contractor, with consent of the City, to perform and complete the Contract; or

2. Take over and assume completion of the Contract itself, through its agents or through independent contractors, and become entitled to the payment of the balance of the Contract Price.

If the Surety fails to take either of the actions set out above, it shall be deemed to have waived its right to perform and complete the Contract and receive payment of the balance of the Contract Price and the City shall be entitled to enforce any remedies available at law, including but not limited to completing the Contract itself and recovering any cost in excess of the Original Contract Price from the Surety.

This Bond and all obligations created hereunder shall be performable in Harris County, Texas. This Bond is given in compliance with the provisions of Chapter 2253, Texas Government Code, as amended, which is incorporated herein by this reference.

Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other Party at the address prescribed in the Contract documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party.

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IN WITNESS THEREOF, the said Contractor and Surety have signed and sealed this instrument on the respective dates written below their signatures and have attached current Power of Attorney.

ATTEST, SEAL: (if a corporation) WITNESS: (if not a corporation) Name of Contractor

Name: Name:

Title: Title:

Date:

ATTEST/SURETY WITNESS:

Full Name of Surety

(SEAL)

Address of Surety for Notice

Telephone Number of Surety

Title: Title: Attorney-in-Fact Date: Date:

This Ordinance or Contract has been reviewed as to form by the undersigned legal assistant and have been found to meet established Legal Department criteria. The Legal Department has not reviewed the content of these documents.

Legal Assistant Date

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STATUTORY PAYMENT BOND

00611-1

Document 00611

THAT WE, , as Principal, hereinafter called Contractor and the other subscriber hereto, , as Surety, do hereby acknowledge ourselves to be held and firmly bound unto the City of Houston, a municipal corporation, in the sum of $ for the payment of which sum, well and truly to be made to the City of Houston, and its successors, the said Contractor and Surety do bind themselves, their heirs, executors, administrators, successors, jointly and severally.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:

WHEREAS, the Contractor has on or about this day executed a contract in writing with the City of Houston for all of such work to be done as set out in full in said Contract documents therein referred to and adopted by the City Council, all of which are made a part of this instrument as fully and completely as if set out in full herein;

NOW, THEREFORE, if the said Contractor shall pay all claimants supplying labor and materials to him or a Subcontractor in the prosecution of the Work provided for in the Contract, then, this obligation shall be void; otherwise the same is to remain in full force and effect;

PROVIDED HOWEVER, that this Bond is executed pursuant to the provisions of Chapter 2253, Texas Government Code, as amended, and all liabilities on this Bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein.

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IN WITNESS THEREOF, the said Contractor and Surety have signed and sealed this instrument on the respective dates written below their signatures and have attached current Power of Attorney.

ATTEST, SEAL: (if a corporation) WITNESS: (if not a corporation) Name of Contractor

Title: Title:

Date:

ATTEST/SURETY WITNESS

Full Name of Surety

(SEAL)

Address of Surety for Notice

Telephone Number of Surety

Title: Title: Attorney-in-Fact Date: Date:

This Ordinance or Contract has been reviewed as to form by the undersigned legal assistant and have been found to meet established Legal Department criteria. The Legal Department has not reviewed the content of these documents.

Legal Assistant Date

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CITY OF HOUSTON - CONDITIONS OF THE CONTRACT Prologue DOCUMENT 00700 - GENERAL CONDITIONS 27 February 2026

List of Changes:

02-04-2005: Added new Paragraph 3.25.1.3 concerning strict liability. Edited Paragraph

3.25.1.1 accordingly. Edited Paragraph 9.6.1.4 to remove the words “retainage of”.

08-15-2006: Revised many references to Section(s) to read Paragraph(s). Added Small Business Enterprise (SBE) requirement to Paragraphs 3.5.3, 3.5.3.1, 3.5.3.2 and 3.5.3.3.

08-17-2006: Added new Paragraphs 5.2.4, 5.2.5, 9.2.1 and 9.4.2 concerning prompt payment provisions.

10-10-2006: Added new Paragraphs 9.7.1.8, 9.7.1.9 concerning prompt payment provisions.

Changed 9.8.1 to “20 days,” and added language to 9.8.2 concerning “7 calendar days” and payment disputes.

03-10-2008: Revised Table 1 after 11.2.11 (Installation Floater), and expanded Paragraph

11.5.1 on Maintenance Bonds.

09-10-2008: Revised 5.2.5 [sic] on page 17 to read 5.2.4.

10-24-2008: Revised many sections to include or amend numbering.

08-01-2009: Amended 1.1.6., definition of City Engineer. Amended 2.2 to say “Duties” and added 2.2.2 stating that the contract imposes no implied duty on City. Added 3.5.4 concerning Contractor Participation in the Pay or Play Program. Added 3.28 pertaining to Contractor Debt. Amended 4.1.2 to prohibit the City Engineer from delegating signature authority under 4.4. Amended 4.1.11 stating that City owes no duty to Contractor not stated in contract. Amended 4.3.2 to delete second sentence concerning City Engineers decision as a condition precedent to litigation.

Amended 4.6 to require both parties to wave claims, attorney fees, and interest.

Amended 11.2.6 to require Contractor to notify the City of any Insurance Policy cancelation or modification. Amended 11.2.8 to exempt Workers’ Compensation coverage from certain documentation requirements. Amended Table 1 after

11.2.11 to specify automobile coverage requirements. Added 11.3.3 to address content requirements on Certificates of Insurance. Added 13.3.2 to extend joint and several liability to any series, affiliate, subsidiary, or successor to which Contractor assigns or transfers assets. Amended throughout to standardize references to Sections (x.x), Paragraphs (x.x.x), and Subparagraphs (x.x.x.x and below).

01-15-2010: Amended Sections 4.4 and 4.6 concerning written decisions, findings of fact, and hearings by the City Engineer, precedent to litigation, and interest under Chapter 2251 of the Texas Local Government Code. Removed Section 4.5, “NON- BONDING MEDIATION,” and renumbered and renamed Section 4.6 as Section

4.5, “CONDITION PRECEDENT TO SUIT; WAIVER OF ATTORNEY FEES AND

INTEREST.”

05-01-2010: Amended Paragraph 1.1.5 to change “municipal corporation” to “home rule municipality”. Amended Subparagraph 3.9.1.1 to reflect change from Low Sulfur Diesel Fuel (500 ppm) to Ultra Low Sulfur Fuel (15 ppm).

12-07-2010: Amended Subparagraph 14.1.1.5 to mirror change in Subparagraph 3.9.1.1; Low Sulfur Diesel Fuel was changed to Ultra Low Sulfur Fuel.

12-09-2010: Amended Section 4.5 (and Table of Contents) by adding “Interim Payment Waiver & Release” language from Document 00850. Amended Section 11.3 to include new insurance requirements.

12-10-2010: Inserted phrase into definition of Claim (Paragraph 1.1.7) defining what a Claim can constitute.

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Prologue CITY OF HOUSTON - CONDITIONS OF THE CONTRACT

DOCUMENT 00700 - GENERAL CONDITIONS

01-14-2011: Insertion of terms “Business Enterprise” and “Business Enterprise Policy” into definition section (Section 1.1) and insertion of those terms in Section 3.5, as appropriate, and deletion of old Paragraph 3.5.3.

01-18-2011: Renaming of Section 4.5; renumbering of Table of Contents due to introduction of “Interim Payment Waiver & Release” as a separate section (Section 4.6).

01-31-2011: Edit of Section 4.6, “Interim Payment Waiver & Release,” to reflect language suggestions of Litigation Division of Legal Dept.

02-09-2011: Edit of language in definitions of “Business Enterprise” and “Business Enterprise Policy”

10-12-2011: Amended Section 8.2, related to delays and extensions of time, to strengthen language suggested in 2011 Construction Law CLE.

10-19-2011: General reformatting of entire document for consistency; updating of header re:

date; insertion of “Mayor’s Office of Business Opportunity,” as appropriate, to reflect name change.

10-27-2011: Added a definition for “Mayor’s Office of Business Opportunity”; amended Paragraph 8.2.2 to refer to Subparagraph 4.3.6.2; replaced MWBE with “Business Enterprise,” where appropriate; added “persons, or entities” to Section 5.1 to broaden applicable provisions; updated issue date to proposed Issue date of November 1, 2011.

10-31-2011: Edited definition of “Business Enterprise.”

07-01-2013: Edited Paragraph 3.5.3 to remove the binding arbitration requirement for contractor and subcontractor claims, per change in Office of Business Opportunity policy.

07-25-2013: Removed Paragraph 4.5.1, regarding conditions precedent to suit.

11-01-2014: Changed Paragraph 3.5.2 to reflect a move away from arbitration to mediation to resolve subcontractor disputes; removed requirement for City Engineer’s decision before a suit may be brought from Paragraph 4.5.2; included language in Paragraph 5.1.3 requiring submission of written contracts with Subcontractors within 30 days of Notice to Proceed issuance; changed Section 11.2 to reflect required insurance coverages updated for new fiscal year; added more explicit language regarding the City’s Additional Insured status in Paragraph 11.2.4 (“Insured Parties”) and the City’s waiver of subrogation requirement in Paragraph

11.2.7 (“Subrogation”).

01-01-2015: Changed the Automobile Insurance requirement from $2,000,000 to $1,000,000.

07-01-2015: Changed language in Article 11 to reflect new insurance requirements.

07-10-2015: Edited Article 9 and Article 14 to make electronic submission of certified payrolls mandatory.

08-14-2015: Edited Article 11 to reflect new standard insurance language for City contracts.

07-01-2016: Edited Paragraph 3.5.4 to bring Pay or Play provisions up to date; updated Section

11 to make current required insurance coverages for FY2017.

05-19-2017: Reinserted Paragraph 4.5.1, regarding conditions precedent to suit, and retitled

Section 4.5, “Condition Precedent to Suit; Waiver of Attorney Fees and Interest.”

11-27-2017: Inserted new Section 13.13, “Anti-Boycott of Israel”, as per Texas House Bill 89, effective September 1, 2017. Inserted new Section 13.14, “Zero Tolerance for Human Trafficking and Related Activities”, as per City of Houston Executive Order 1-56, “Zero Tolerance for Human Trafficking in City Service Contracts and Purchasing,” effective immediately upon signature in October 2017.

05-10-2019: Amended the “Governing Laws” provision to reflect new Legal Department language.

12-31-2019: Added new Section 3.29 to add Senate Bill 943-mandated contract provision, and renumbered as required.

03-30-2021: Amended Section 11.2 to update the required insurance amounts.

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CITY OF HOUSTON - CONDITIONS OF THE CONTRACT Prologue

08-10-2021: Amended Section 14.2 to further delineate the need to explicitly submit and substantiate a Claim. Amended Article 13 to introduce new “Compliance with Certain State Law Requirements” section.

03-01-2022: Amended Paragraph 1.1.4 and Section 3.5 to reflect change in the Office of Business Opportunity’s policy allowing for MWBE Prime Contractors to count their work towards meeting the contract’s MWBE goal.

03-07-2022: Added new Paragraph 1.1.15, “Contract Year,” and renumbered the remaining definitions, as well as amending Subparagraph 3.5.3.3 to delete the definition of “contract year” in that Paragraph.

08-08-2023: Deleted Paragraph 1.1.15, “Contract Year,” because the new MWBE language contains the definition of “Contract Year”; amended title of Section 3.5 to read “Labor; Minority and Women Business Enterprise Compliance.”; updated Section

3.5 to reflect new language regarding MWBE.

09-09-2024: Completed wide-ranging revision of Document 00700 in collaboration with outside counsel.

10-24-2024: Reinserted Sections 11.4, 11.5, 11.6, and 11.7 in Article 11, which had been unintentionally deleted in the September 2024 edit.

02-11-2026: Amended Section 3.5 to reflect Office of Business Opportunity (“OBO”) revision of MWSBE policy, and Sections 3.1, 5.1, and 14.1 to reflect updated City policy regarding fraud. Corrected references to OBO that previously read “Mayor’s Office of Business Opportunity.”

02-27-2026: Added new Section 3.30, “Compliance with Equal Opportunity Ordinance,” to reflect updated policy. Updated page numbers to reflect addition of new Section 3.30.

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CITY OF HOUSTON - CONDITIONS OF THE CONTRACT Page 1 of 55

Document 00700

GENERAL CONDITIONS

February 27, 2026 EDITION

TABLE OF ARTICLES

1. GENERAL PROVISIONS

2. THE CITY

3. CONTRACTOR

4. ADMINISTRATION OF THE CONTRACT

5. SUBCONTRACTORS AND SUPPLIERS

6. CONSTRUCTION BY THE CITY OR BY SEPARATE CONTRACTORS

7. CHANGES IN THE WORK

8. TIME

9. PAYMENTS AND COMPLETION

10. SAFETY PRECAUTIONS

11. INSURANCE AND BONDS

12. WARRANTIES AND CORRECTION OF THE WORK

13. MISCELLANEOUS PROVISIONS

14. TERMINATION OR SUSPENSION OF THE CONTRACT

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ARTICLE 1 – GENERAL PROVISIONS 5

1.1 DEFINITIONS

1.2 EXECUTION, CORRELATION AND INTENT

1.3 OWNERSHIP OF DOCUMENTS AND CONFIDENTIALITY

1.4 INTERPRETATION

ARTICLE 2 – THE CITY 11

2.1 LIMITATIONS OF THE CITY’S OFFICERS AND EMPLOYEES

2.2 DUTIES OF THE CITY

2.3 AVAILABILITY OF LAND AND USE OF SITE

2.4 THE CITY’S RIGHT TO STOP THE WORK

2.5 THE CITY’S RIGHT TO CARRY OUT WORK

ARTICLE 3 – CONTRACTOR 12

3.1 RESPONSIBILITIES

3.2 REVIEW OF CONTRACT AND FIELD CONDITIONS BY CONTRACTOR

3.3 SUPERVISION AND CONSTRUCTION PROCEDURES

3.4 SUPERINTENDENT

3.5 LABOR; MINORITY AND WOMEN BUSINESS ENTERPRISE COMPLIANCE

3.6 PREVAILING WAGE RATES

3.7 LABOR CONDITIONS

3.8 DRUG DETECTION AND DETERRENCE

3.9 MATERIALS & EQUIPMENT

3.10 PRODUCT OPTIONS AND SUBSTITUTIONS

3.11 CASH ALLOWANCES

3.12 TITLE AND RISK OF LOSS

3.13 TAXES

3.14 PERMITS, FEES, AND NOTICES

3.15 CONSTRUCTION SCHEDULES

3.16 DOCUMENTS AND SAMPLES AT THE SITE

3.17 MANUFACTURER’S SPECIFICATIONS

3.18 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES

3.19 CULTURAL RESOURCES AND ENDANGERED SPECIES

3.20 CUTTING AND PATCHING

3.21 CLEANING

3.22 SANITATION

3.23 ACCESS TO WORK AND TO INFORMATION

3.24 TRADE SECRETS

3.25 INDEMNIFICATION

3.26 RELEASE AND INDEMNIFICATION – PATENT, COPYRIGHT, TRADEMARK, AND TRADE SECRET INFRINGEMENT

3.27 INDEMNIFICATION PROCEDURES

3.28 CONTRACTOR DEBT

3.29 PRESERVATION OF CONTRACTING INFORMATION

3.30 COMPLIANCE WITH EQUAL OPPORTUNITY ORDINANCE

ARTICLE 4 – ADMINISTRATION OF THE CONTRACT 24

4.1 CONTRACT ADMINISTRATION

4.2 COMMUNICATIONS IN ADMINISTRATION OF THE CONTRACT

4.3 CONDITION PRECEDENT TO SUIT; WAIVER OF ATTORNEY FEES AND INTEREST

ARTICLE 5 – SUBCONTRACTORS AND SUPPLIERS 25

5.1 AWARD OF SUBCONTRACTS OTHER CONTRACTS FOR PORTIONS OF THE WORK

5.2 CONTRACTOR RESPONSIBILITY FOR SUBCONTRACTORS

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CITY OF HOUSTON - CONDITIONS OF THE CONTRACT Page 3 of 55

ARTICLE 6 – CONSTRUCTION BY THE CITY OR BY SEPARATE CONTRACTORS 26

6.1 THE CITY’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS .. 26

6.2 COORDINATION

6.3 MUTUAL RESPONSIBILITY

6.4 THE CITY’S RIGHT TO CLEAN UP

ARTICLE 7 – CHANGES IN THE WORK 27

7.1 CHANGES

7.2 WORK CHANGE DIRECTIVES

7.3 ADJUSTMENTS IN CONTRACT PRICE

7.4 MINOR CHANGES IN THE WORK

7.5 CONCEALED OR UNKNOWN CONDITIONS

7.6 CONTRACTOR REQUESTED CHANGES

7.7 REVIEW AND DETERMINATION BY CITY ENGINEER

ARTICLE 8 – TIME 31

8.1 PROGRESS AND COMPLETION

8.2 DELAYS AND EXTENSIONS OF TIME

ARTICLE 9 – PAYMENTS AND COMPLETION 32

9.1 UNIT PRICE WORK

9.2 ESTIMATES FOR PAYMENT, UNIT PRICE WORK

9.3 STIPULATED PRICE WORK

9.4 APPLICATIONS FOR PAYMENT, STIPULATED PRICE WORK

9.5 CERTIFICATES FOR PAYMENT

9.6 COMPUTATIONS OF CERTIFICATES FOR PAYMENT

9.7 DECISIONS TO WITHHOLD CERTIFICATION

9.8 PROGRESS PAYMENTS

9.9 DATE OF SUBSTANTIAL COMPLETION

9.10 PARTIAL OCCUPANCY OR USE

9.11 FINAL COMPLETION AND FINAL PAYMENT

9.12 LIQUIDATED DAMAGES

ARTICLE 10 – SAFETY PRECAUTIONS 38

10.1 SAFETY PROGRAMS

10.2 POLLUTANTS AND POLLUTANT FACILITIES

10.3 SAFETY OF THE ENVIRONMENT, PERSONS, AND PROPERTY

10.4 EMERGENCIES

ARTICLE 11 – INSURANCE AND BONDS 40

11.1 GENERAL INSURANCE REQUIREMENTS

11.2 INSURANCE TO BE PROVIDED BY CONTRACTOR

11.3 PROOF OF INSURANCE

11.4 PERFORMANCE AND PAYMENT BONDS

11.5 MAINTENANCE BONDS

11.6 SURETY

11.7 DELIVERY OF BONDS

ARTICLE 12 -- WARRANTIES AND CORRECTION OF THE WORK 47

12.1 WARRANTIES

12.2 ACCEPTANCE OF NONCONFORMING WORK

ARTICLE 13 – MISCELLANEOUS PROVISIONS 49

13.1 GOVERNING LAW AND VENUE

13.2 SUCCESSORS

13.3 BUSINESS STRUCTURE AND ASSIGNMENTS

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13.4 WRITTEN NOTICE

13.5 RIGHTS AND REMEDIES

13.6 TESTS AND INSPECTIONS

13.7 INTEREST

13.8 PARTIES IN INTEREST

13.9 ENTIRE CONTRACT

13.10 WRITTEN AMENDMENT

13.11 COMPLIANCE WITH LAWS

13.12 SEVERABILITY

13.13 COMPLIANCE WITH CERTAIN STATE LAW REQUIREMENTS

13.14 ZERO TOLERANCE POLICY FOR HUMAN TRAFFICKING & RELATED ACTIVITIES

ARTICLE 14 - TERMINATION OR SUSPENSION OF THE CONTRACT 52

14.1 TERMINATION BY THE CITY FOR CAUSE

14.2 TERMINATION BY THE CITY FOR CONVENIENCE

14.3 SUSPENSION BY THE CITY FOR CONVENIENCE

14.4 TERMINATION BY CONTRACTOR

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CITY OF HOUSTON - CONDITIONS OF THE CONTRACT Page 5 of 55

ARTICLE 1

GENERAL PROVISIONS

1.1 DEFINITIONS.

1.1.1 Agreement: Document signed by the Parties and binding the Parties, containing the name of Contractor, title and location of the Project, Original Contract Time, Original Contract Price, enumeration of documents included in the Contract, and other provisions.

1.1.2 Applicable Law: All laws, treaties, ordinances, judgments, decrees, injunctions, writs, orders, codes, rules, regulations, permits, and interpretations of any Governmental Authority having jurisdiction over the Parties, the Project, the Work, the Contract, and each other document delivered hereunder or in connection herewith.

1.1.3 Bonds: Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument.

1.1.4 Business Enterprise: Any business entity registered in a program authorized by 49 C.F.R.

§ 26 (where applicable) or City Code of Ordinances, Chapter 15, Article II. The term “Business Enterprise” may include any Disadvantaged Business Enterprise (“DBE”), Minority Business Enterprise (“MBE”), Woman Business Enterprise (“WBE”), Small Business Enterprise (“SBE”), and any Person with Disability Enterprise (“PDBE”).

1.1.5 Business Enterprise Policy: Contract documents and applicable policies relating to

Business Enterprises and authorized under 49 C.F.R. § 26 or City Code of Ordinances, Chapter 15, Article V.

1.1.6 Cash Allowance: An estimated sum of money to be used only for a limited class of expenditures such as utility relocation costs, fees for special licenses or permits, or other “pass-through” costs that would be the same for any contractor. Cash Allowances may not be used to purchase goods or services that are not specified in the Contract. The unspecified items must be purchased according to the terms of Article 7.

1.1.7 Change Order: Written instrument prepared by the City and signed by Director or his designee and Contractor, specifying the following:

1.1.7.1 a change in the Work;

1.1.7.2 a change in Contract Price, if any; and

1.1.7.3 a change in Contract Time, if any.

The value of a Change Order is the net amount after offsetting all deductions against all additions effected by the Change Order.

1.1.8 City: The City of Houston, a home rule municipality located principally within Harris County, Texas, including its successors and its authorized representatives.

1.1.9 City Engineer: The City Engineer, or the City employee representing the City Engineer, designated in the Agreement and authorized to represent the City, or successors.

1.1.10 City Indemnified Parties: The City and its officials, officers, directors, representatives, agents, employees, consultants and separate contractors.

1.1.11 Conditions of the Contract: General Conditions and Supplementary Conditions.

1.1.12 Construction Manager: Person or firm under contract with the City as its authorized representative to oversee and administer construction of the Work, and who may perform the role of Project Manager and Inspector, as designated by Director in writing.

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1.1.13 Contract: The Agreement, documents enumerated in and incorporated into the

Agreement, Modifications, and amendments.

1.1.14 Contract Price: The monetary amount stated in the Agreement adjusted by Change

Order, and increases or decreases in Unit Price Quantities, if any.

1.1.15 Contract Time: The number of days stated in the Agreement to substantially complete the

Work, plus days authorized by Change Order.

1.1.16 Contractor: Person or firm identified as such in the Agreement including its successors and its authorized representatives.

1.1.17 Date of Commencement of the Work: Date established in Notice to Proceed on which

Contract Time will commence. This date will not be changed by failure of Contractor, or persons or entities for whom Contractor is responsible, to act.

1.1.18 Date of Substantial Completion: Date that construction, or portion thereof designated by Director, is certified by Director to be substantially complete.

1.1.19 Defect Correction Period: The period during which the Contractor shall be obligated to replace or correct deficiencies in Products and/or the Work, which period shall be one year following the Date of Substantial Completion and…