Project Manual - FY2026 Sidewalk Program Work Order Package _1.pdf

CITY OF HOUSTON

HOUSTON PUBLIC WORKS

CONSTRUCTION

PROJECT MANUAL

FY2026 Sidewalk Program Work Order Package #1

WBS No. N-320610-0154-4

VOLUME 1 of 1

Divisions 00 through 16

June 2026

In-House 611 Walker Street Houston, Texas 77002

(832) 395-2957

6/5/2026

WBS No. N-320610-0154-4 TABLE OF CONTENTS

00010-1

09-02-2026

Document 00010

TABLE OF CONTENTS

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.

Doc. No. Document Title Doc. Date

INTRODUCTORY INFORMATION

00010 Table of Contents ...................................................................... 09-02-2026

CONTRACTING REQUIREMENTS

AGREEMENT

00520WO Work Order Agreement .............................................................. 05-27-2026 00570 Contractor’s Revised MWSBE Participation Plan ...................... 09-02-2026 00571 Record of Post-Award Good Faith Efforts .................................. 09-02-2026 00572 Contractor’s Request for Plan Deviation .................................... 09-02-2026

BONDS AND CERTIFICATES

00600 List of Proposed Subcontractors and Suppliers ......................... 07-01-2013 00610 Performance Bond ..................................................................... 07-30-2020 00611 Statutory Payment Bond ............................................................ 07-30-2020 00612 One-year Maintenance Bond ..................................................... 05-17-2005 00613 One-year Surface Correction Bond ............................................ 05-17-2005

GENERAL CONDITIONS

00700 General Conditions .................................................................... 07-10-2026

SUPPLEMENTARY CONDITIONS

00803 Work Order Supplementary Conditions ..................................... 09-02-2026

00808 Requirements for the City of Houston Program for Minority, Women, and

Small Business Enterprises (MWSBE), and Persons with Disabilities Business Enterprises (PDBE) .................................................... 03-16-2026

00820 Wage Scale and Payroll Requirements for Engineering Construction ............................................................................... 02-01-2026 https://www.houstonpermittingcenter.org/media/6386/download

00010-2

ADDENDA AND MODIFICATIONS

00943 Monthly Subcontractor Payment Reporting Form (previously, Document 00642)

................................................................................................... 04-07-2026 00946 Payment Notification – Explanation of Withholding (previously, Document 00646)

................................................................................................... 02-27-2026

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.

DIVISION 1 - GENERAL REQUIREMENTS

01110 Summary of Work 01145 Use of Premises 01255 Change Order Procedures 01270 Measurement and Payment 01292 Schedule of Values 01312 Coordination and Meetings 01321 Construction Photographs 01325 Construction Schedule 01326 Construction Schedule (Bar Chart) 01330 Submittal Procedures 01340 Shop Drawings, Product Data, and Samples 01351 Environmental Safety and Worker Protection 01410 TPDES Requirements (with Attachments) 01422 Reference Standards 01450 Contractor's Quality Control 01452 Inspection Services 01454 Testing Laboratory Services 01502 Mobilization 01504 Temporary Facilities and Controls 01506 Diversion Pumping 01520 Temporary Field Office 01554 Traffic Control and Street Signs 01555 Traffic Control and Regulation 01562 Tree and Plant Protection 01570 Storm Water Pollution Prevention Control 01575 Stabilized Construction Access 01576 Waste Material Disposal 01578 Control of Ground and Surface Water 01580 Project Identification Signs 01581 Excavation in Public Way Permit Signs 01582 Build Houston Forward Project Identification Signs

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01610 Basic Product Requirements 01630 Product Substitution Procedures 01725 Field Surveying 01731 Cutting and Patching 01732 Procedure for Water Valve Assistance (with Attachments) 01740S Site Restoration………………………………………………………01-17-2013 *01740 Site Restoration 01755 Starting Systems 01770 Closeout Procedures 01782 Operations and Maintenance Data 01785 Project Record Documents

DIVISION 2 - SITE WORK

02081 CAST-IN-PLACE CONCRETE MANHOLES

02082 PRECAST CONCRETE MANHOLES

02083 FIBERGLASS MANHOLES

02085 VALVE BOXES, METER BOXES, AND METER VAULTS

02086 ADJUSTING MANHOLES, INLETS, AND VALVE BOXES TO GRADE

02088 PRECAST POLYMER CONCRETE MANHOLES

02090 FRAMES, GRATES, RINGS, AND COVERS

02091 NON METALLIC FRAMES, GRATES, RINGS, AND COVERS

02136 WASTE MATERIAL HANDLING, TESTING AND DISPOSAL

02201 SITE PREPARATION, GRADING, RESTORATION AND CLEAN UP FOR WATER

STORAGE TANKS

02221 REMOVING EXISTING PAVEMENTS, STRUCTURES, WOOD, AND DEMOLITION

DEBRIS

02222 ABANDONMENT OF SEWERS

02233 CLEARING AND GRUBBING

02260 TRENCH SAFETY SYSTEM

02315S Roadway Excavation…………………………………………………06-17-2016

*02315 ROADWAY EXCAVATION

02316 EXCAVATION AND BACKFILL FOR STRUCTURES

02317 EXCAVATION AND BACKFILL FOR UTILITIES

02318S Extra Unit Price Work for Excavation and Backfill………………..08-26-2013

*02318 EXTRA UNIT PRICE WORK FOR EXCAVATION AND BACKFILL

02319 BORROW

02320 UTILITY BACKFILL MATERIALS

02321S Cement Stabilized Sand…………………………………………….08-26-2013

*02321 CEMENT STABILIZED SAND

02322 FLOWABLE FILL

02330 EMBANKMENT

02336 LIME STABILIZED SUBGRADE

02337 LIME/FLY ASH STABILIZED SUBGRADE

02338 PORTLAND CEMENT STABILIZED SUBGRADE

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02340 COMPACTED SANDFILL UNDER TANK FLOOR PLATE

02400 TUNNEL SHAFTS

02401 COMMON TUNNEL SHAFTS

02425 TUNNEL EXCAVATION AND PRIMARY LINER

02426 SEWER LINE IN TUNNELS

02427 PLASTIC LINER FOR LARGE-DIAMETER CONCRETE SEWERS AND

STRUCTURES

02431 TUNNEL GROUT

02441 MICROTUNNELING

02445 JACK AND BORE/JACK AND MINE/PILOT TUBE GUIDED BORING TUNNELS

02447 INSTALLATION OF WATER LINES BY SLURRY BORE

02448 PIPE AND CASING AUGERING FOR SEWERS

02465 DRILLED SHAFT FOUNDATIONS

02476 CAISSON FOR LIFT STATION

02501 DUCTILE IRON PIPE AND FITTINGS

02502 STEEL PIPE AND FITTINGS

02503 COPPER TUBING

02504 FIBERGLASS REINFORCED PIPE

02505 HIGH DENSITY POLYETHYLENE (HDPE) SOLID AND PROFILE WALL PIPE

02506 POLYVINYL CHLORIDE PIPE

02507 PRESTRESSED CONCRETE CYLINDER PIPE

02508 EXTRA STRENGTH CLAY PIPE

02509 FIBERGLASS REINFORCED PIPE FOR PRESSURE MAINS

02510 POLYPROPYLENE (PP) CORRUGATED WALL PIPE

02511 WATER LINES

02512 WATER TAP AND SERVICE LINE INSTALLATION

02513 WET CONNECTIONS

02514 DISINFECTION OF WATER LINES

02515 HYDROSTATIC TESTING OF PIPELINES

02516 CUT, PLUG, AND ABANDONMENT OF WATER LINES

02517 WATER LINE IN TUNNELS

02518 STEEL PIPE AND FITTINGS FOR LARGE DIAMETER WATER LINES

02520 FIRE HYDRANTS

02521 GATE VALVES

02522 BUTTERFLY VALVES

02523 PRESSURE REDUCING VALVES

02524 AIR RELEASE AND VACUUM RELIEF VALVES

02525 TAPPING SLEEVES AND VALVES

02526 WATER METERS

02527 POLYURETHANE COATINGS ON STEEL OR DUCTILE IRON PIPE

02528 POLYETHYLENE ENCASEMENT/WRAP

02529 TAPE COATINGS ON STEEL PIPE

02531 GRAVITY SANITARY SEWERS

02532 SANITARY SEWER FORCE MAINS

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02533 ACCEPTANCE TESTING FOR SANITARY SEWERS

02534 SANITARY SEWER SERVICE STUBS OR RECONNECTIONS

02550 SLIPLINING SANITARY SEWERS

02551 SANITARY SEWER RENEWAL BY SPIN CAST PIPE LINING METHOD

02553 POINT REPAIRS AND OBSTRUCTION REMOVALS

02555 MANHOLE REHABILITATION

02556 CURED-IN-PLACE PIPE

02557 FOLDED AND FORMED PIPE

02558 CLEANING AND TELEVISION INSPECTION

02571 PIPE BURSTING/CRUSHING SANITARY SEWERS

02581 STREET LIGHTING CONDUIT

02582 TRAFFIC POLE ASSEMBLIES – STEEL

02590 STREETLIGHT LUMINAIRES

02611 REINFORCED CONCRETE PIPE

02612 PRECAST REINFORCED CONCRETE BOX SEWERS

02613 BAR WRAPPED STEEL CYLINDER PIPE

02614 LARGE DIAMETER LINE STOP

02615 INSERTION VALVES AND LINE STOPS

02621 GEOTEXTILE

02631 STORM SEWERS

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

02633 PRECAST CONCRETE INLETS, HEADWALLS, AND WINGWALLS

02642 CORRUGATED METAL PIPE

02643 PLATE CULVERT STRUCTURES

02662 PIPING, VALVES, FITTINGS, AND ACCESSORIES FOR WATER STORAGE

TANKS

02711 HOT MIX ASPHALT BASE COURSE

02712 CEMENT STABILIZED BASE COURSE

02713 RECYCLED CRUSHED CONCRETE BASE COURSE

02714 FLEXIBLE BASE COURSE FOR TEMPORARY DRIVEWAYS

02741 ASPHALTIC CONCRETE PAVEMENT

02742 PRIME COAT

02743 TACK COAT

02751 CONCRETE PAVING

02752S Concrete Pavement Joints…………………………………………….12-29-2009

*02752 CONCRETE PAVEMENT JOINTS

02753 CONCRETE PAVEMENT CURING

02754 CONCRETE DRIVEWAYS

02761 COLORED CONCRETE FOR MEDIANS AND SIDEWALKS

02762 BLAST CLEANING OF PAVEMENT

02764 RAISED PAVEMENT MARKERS

02765 PREFORMED PAVEMENT MARKINGS

02767 THERMOPLASTIC PAVEMENT MARKINGS

02768 EPOXY PAVEMENT MARKINGS

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02771 CURB, CURB AND GUTTER, AND HEADERS

02772 CONCRETE MEDIANS AND DIRECTIONAL ISLANDS

02775 CONCRETE SIDEWALKS

02811 LANDSCAPE IRRIGATION

02871 BIKE RACKS

02890 PEDESTRIAN CROSSWALK SYSTEM RECTANGULAR RAPID FLASHING

BEACON (RRFB)

02893 TRAFFIC SIGNAL CONSTRUCTION

02911 TOPSOIL

02912 TREE, PLANT, AND HARDSCAPE PROTECTION

02915 TREE PLANTING

02921 HYDRO MULCH SEEDING

02922 SODDING

02951 PAVEMENT REPAIR AND RESTORATION

02960 MILLING PAVEMENT

02983 REMOVAL AND RESTORATION OF BRICK PAVED STREETS

DIVISION 3 - CONCRETE

03315 CONCRETE FOR UTILITY CONSTRUCTION

DIVISION 4 - MORTAR

04061 MORTAR

04210 BRICK MASONRY FOR UTILITY CONSTRUCTION

DIVISION 5 - METALS

05501 METAL FABRICATIONS

DIVISION 6 - WOOD AND PLASTICS

DIVISION 7 - THERMAL AND MOISTURE PROTECTION

DIVISION 8 - DOORS AND WINDOWS

DIVISION 9 - FINISHES

09901 PROTECTIVE COATINGS

09971 PAINTING AND PROTECTIVE COATINGS FOR POTABLE WATER STORAGE

TANKS

DIVISION 10 - SPECIALTIES

DIVISION 11 – EQUIPMENT

DIVISION 12 - FURNISHINGS

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DIVISION 13 - SPECIAL CONSTRUCTION

13111 CATHODIC PROTECTION FOR WATER TANK INTERIORS (SACRIFICIAL

ANODE)

13112 CATHODIC PROTECTION FOR WATER TANK INTERIORS (ICCP)

13113 CATHODIC PROTECTION FOR NEW TANK BOTTOMS

13201 WELDED STEEL WATER STORAGE TANKS

13202 REHABILITATION OF WELDED STEEL WATER STORAGE TANKS

13203 TANK CLEAN-UP AND DISINFECTION

13501 SPEED CUSHIONS

DIVISION 14 - CONVEYING SYSTEMS

DIVISION 15 – MECHANICAL

15640 JOINT BONDING AND ELECTRICAL ISOLATION

15641 CORROSION CONTROL TEST STATIONS

DIVISION 16 – ELECTRICAL

16010 BASIC ELECTRICAL REQUIREMENTS

16124 CONDUCTIVE TRACE WIRE FOR NON-METALLIC WATER LINE PIPES

16130 ADVANCED TRANSPORTATION CONTROLLER (ATC) CABINET ASSEMBLY

16640 CATHODIC PROTECTION FOR PIPELINES

16641 CATHODIC PROTECTION FOR EXISTING TANK BOTTOMS

16642 CATHODIC PROTECTION FOR PLANT PIPING

16644 CATHODIC PROTECTION FOR CLARIFIERS

16645 CATHODIC PROTECTION FOR WET WELLS

16709 COMMUNICATIONS CONDUIT

16710 PULL BOXES

16711 TRAFFIC SIGNAL CONDUIT

16712 SOLAR POWERED SCHOOL ZONE FIELD EQUIPMENT

16713 PRE-FORMED LOOPS

16715 VEHICLE SIGNAL HEADS (POLYCARBONATE) (ADJUSTABLE, EXPANDABLE

TYPE)

16716 PEDESTRIAN SIGNAL HEADS

16718 VEHICLE TRAFFIC CONTROL SIGNAL HEADS – LIGHT EMITTING DIODE (LED)

CIRCULAR SIGNAL SUPPLEMENT

16719 COUNTDOWN PEDESTRIAN SIGNAL MODULE

16720 TRAFFIC SIGNAL CABLE

16724 EMERGENCY VEHICLE PREEMPTION (EVP)

16725 DYNAMIC MESSAGE SIGN(DMS)

16727 TRAFFIC SIGNAL SAW-CUT LOOP DETECTOR

16730 INTELLIGENT TRANSPORTATION SYSTEM (ITS) CONTROLLER CABINET

ASSEMBLY

16731 MODEL 2070 CONTROLLER UNIT

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16732 UNINTERRUPTIBLE POWER SUPPLY (UPS) SYSTEM FOR TRAFFIC SIGNAL

CABINETS

16733 FIELD HARDENED ETHERNET SWITCH

16735 FIBER OPTIC SPLICE ENCLOSURE

16736 FIBER DISTRIBUTION UNIT

16737 COMMUNICATION SERVICE BOX

16739 BLUETOOTH SPECIFICATION (ANONYMOUS WIRELESS ADDRESS MATCHING

DEVICE)

16740 SINGLE MODE FIBER OPTIC CABLE SYSTEM

16741 VIDEO COLOR QUAD UNIT

16742 VIDEO DETECTION SYSTEM

16746 VIDEO MANAGEMENT SOFTWARE

16747 PERMANENT COUNT STATION RADAR VEHICLE SENSING DEVICE (RVSD)

16748 SYSTEM INTEGRATION

16750 ACCESSIBLE PEDESTRIAN PUSH BUTTON STATION

16780 CCTV FIELD EQUIPMENT

16785 GPS SERIAL COMMUNICATIONS

END OF DOCUMENT

FY2026 Sidewalk Program Work Order Package #1 WORK ORDER WBS No. N-320610-0154-4 AGREEMENT

00520WO-1

05-27-2026

Document 00520WO

WORK ORDER AGREEMENT

Project: FY2026 Sidewalk Program Work Order Package #1

Project Location: Citywide. The project location and limits will be determined and defined by each work authorization (Key Map No. Citywide)

Project No: WBS No. N-320610-0154-4

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:

For HPW and GSD construction projects, with respect to the General Conditions, the City Engineer, is:

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

P. O. Box 1562

Houston, Texas 77251-1562

For HAS construction projects, with respect to the General Conditions, the City Engineer is:

Eren Selcen, P.E. (or his successor)

111 Standifer Drive

Humble, Texas 77338

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.

1.2 One or more Work Orders may be issued concurrently at any given time under the Contract.

00520WO-2

ARTICLE 2

CONTRACT TIME

2.1 The City may issue Work Orders within 730 calendar days after Notice To Proceed for the Contract.

This Agreement is effective on the Notice To Proceed date until the final acceptance of the last Work Order issued by the City. If the Director, makes a written request for renewal to the Contractor at least 30 days before expiration of the then-current term, and if sufficient funds are allocated, then, upon expiration of the then-current term, this Agreement is renewed for one (1) year upon expiration upon the same terms and conditions.

2.2 Each Work Order will establish the Contract Time for that Work Order based on the Estimated Work

Order Price. Contract Time shall be as following:

30 days for Estimated Work Order Price from $0 to $50,000;

60 days for Estimated Work Order Price from $50,001 to $100,000;

90 days for Estimated Work Order Price from $100,001 to $250,000;

90 + days for Estimated Work Order Price from $250,001 and over.

Project Manager may adjust the actual duration and Completion Date based on availability of materials or to comply with infrastructure needs.

2.3 The Parties recognize that time is of the essence for this Agreement 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, instead of requiring any such proof, the Parties agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay the City the amount stipulated in Document 00803, “Supplementary Conditions,” for each day beyond Contract Time.

2.4 Contractor shall achieve Date of Substantial Completion within the stipulated duration noted in each

Work Order, subject to adjustments of the Contract Time as provided in the Contract. Each Work Order will establish a date of Commencement and Completion Date specific to that Work Order.

ARTICLE 3

CONTRACT PRICE

3.1 Subject to terms of the Contract, the City will pay Contractor the Contract Price set out in each

Work Order in current funds for Contractor's performance of the Contract. The total Contract Price, as sum of Contract Prices of all Work Orders issued, shall not exceed_$5,500,000.00 , which includes Allowances, and Alternates, if any, accepted below.

3.2 The City accepts Alternates as follows:

Alternate No. 1 None Alternate No. 2 None Alternate No. 3 None Alternate No. 4 None

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 last day of the month.

00520WO-3

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 Request For Competitive Sealed Proposals or Competitive Sealed Bids.

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 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.

00520WO-4

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 [ X ] 00612 One-year Maintenance Bond [ X ] 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 [ X ] 00700 General Conditions.

[ ] 00800 Supplementary Conditions for Project CIP or AIP Funded [ ] 00801 Supplementary Conditions for Project AIP Funded [ ] 00802 SRF Supplementary Conditions [ X ] 00803 Supplementary Conditions for Project CIP or AIP Funded [ ] 00807 Bidder/Contractor Requirements for DBE Program [ X ] 00808 Minority and Women-owned Business Enterprise (MWBE) &

Persons with Disabilities Business Enterprise (PDBE) Program [ ] 00810 Federal Wage Rate - Highway [ ] 00811 Federal Wage Rate - Building [ ] 00812 Federal Wage Rate - Heavy [ X ] 00820 Wage Rate for Engineering Construction [ ] 00821 Wage Rate for Building Construction [ ] 00830 Trench Safety Geotechnical Information [ ] 00912 Rider [ X ] 00943 Monthly Subcontractor Payment Reporting Form [ X ] 00946 Payment Notification – Explanation of Withholding

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

Addendum No. 1, dated None

Addendum No. 2, dated None

Addendum No. 3, dated None

Rider No. [ ], dated None

[ X ] 00010 Table of Contents (sealed) [ X ] Division 01 - General Requirements.

[ X ] Divisions 02 through 50 of Specifications.

00520WO-5

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, Houston Public Works 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

FY2026 Sidewalk Program Work Order Package #1 CONTRACTOR’S REVISED

WBS NO. N-320610-0154-4 WSBE PARTICIPATION PLAN

<<Contractor Name>> 00570-Pg 1 of 2 Edition Date: 09-02-2026

Document 00570

BIDDER’S REVISED WSBE PARTICIPATION PLAN

WSBE ADVERTISED GOALS

WBE SBE

The Bidder or Proposer shall submit this completed form with the bid to demonstrate the Bidder/Proposer’s plan to meet the W/SBE contract goal(s). If the Bidder/Proposer cannot meet the contract goal(s), the Bidder/Proposer has the burden to demonstrate “Good Faith Efforts,” which shall include correctly and accurately preparing and submitting this form, a Record of Post-Bid Good Faith Efforts (Document 00571), a Post Award Plan Deviation Request (Document 00572), and supporting documentation evidencing their “Good Faith Efforts,” as required by the City of Houston’s Good Faith Efforts Policy (Document 00808). The City will review the Participation Plan and Good Faith Efforts at the time of bid opening. Visit http://www.houstontx.gov/obo for more information.

• WBE and SBE Goals are all separate Contract Goals, to be met individually on all contracts.

• Any excess of one Goal cannot be applied to meet another Goal.

• Women-owned Firms are capped at 8% WBE in Goods.

• Any excess of SBE participation to meet other goal types must be explained via Good Faith Efforts (Documents 00571 & 00572).

• All other locally certified firms (PDBE, VOSB, DVOSB, LGBTQ) may be utilized for up to 4% in lieu of WBE.

• Up to 50% of the Bidder’s Participation plan may be met using Suppliers.

• Up to 50% of the advertised goal may be met at the Prime level if the Prime is a City of Houston-certified WBE firm. Prime-level credit must not exceed the individual WBE advertised goal. Prime-level credit does not apply to SBE-certified firms.

NAICS

Code

(6 digit)

Description of Work (Plan Sheet #, Unit

Price #, Scope of Work #, as applicable)

% of Total Bid Price

(2 decimal places; for example: 5.00%)

Services or

Supplier

Cert. Type for Goal: WBE, SBE or

OTHER LOCAL

CERTIFICATION

Certified Firm Name Firm Address Contact Name

Phone No. and E-Mail

WBE �

USE THIS LINE FOR

PRIME LEVEL CREDIT ONLY.

CREDIT MUST NOT EXCEED 50%

OF THE ADVERTISED GOAL.

WBE �

SBE �

OTHER �

PLEASE ELECTRONICALLY COMPLETE THIS FORM OR PRINT LEGIBLY

By submitting this form, your firm agrees to enter into formal subcontracting agreement(s) with the MWSBE subcontractors/subconsultants listed on this participation plan upon award of a contract from the City.

Authorized Signature:

Printed Name:

Company Name:

Date:

Phone: Email:

Bidder’s Participation

Plan Total

WBE SBE OTHER

(up to 4%) http://www.houstontx.gov/obo/index.html

FY2026 Sidewalk Program Work Order Package #1 CONTRACTOR’S REVISED

WBS NO. N-320610-0154-4 WSBE PARTICIPATION PLAN

<<Contractor Name>> 00570-Pg 2 of 2 Edition Date: 09-02-2026

DOCUMENT 00570

BIDDER’S REVISED WSBE PARTICIPATION PLAN

CONTINUATION PAGE

NAICS

Code

(6 digit)

Description of Work (Plan Sheet #, Unit

Price #, Scope of Work #, as applicable)

% of Total Bid Price

(2 decimal places; for example: 5.00%)

Services or

Supplier

Cert. Type for Goal: WBE, SBE or

OTHER LOCAL

CERTIFICATION

Certified Firm Name Firm Address Contact Name

Phone No. and E-Mail

WBE �

*I understand that supplying inaccurate information may violate Texas Penal Code Section 37.10 and lead to City sanctions.

FOR CITY USE ONLY

WSBE Plan Compliant? YES ☐ NO ☐

If no, date sent to OBO:

SPD Signature:

FY2026 Sidewalk Program Work Order Package #1 POST-BID

WBS NO. N-320610-0154-4 GOOD FAITH EFFORTS

00571-1 Edition date: 09-02-2026

Document 00571

POST-BID GOOD FAITH EFFORTS

Bidder Name: Project Name

A Bidder or Proposer that may be unable to complete or follow a Participation Plan (Document 00470) to meet the Contract Goal in the Supplemental Conditions (Document 00800), must submit this completed form along with Post Award Plan Deviation Request (Document 00572), providing supporting documentation evidencing their “Good Faith Efforts,” as required by the City of Houston’s Good Faith Efforts Policy (see Document 00808).

The Bidder or Prime Contractor has the burden to demonstrate “Good Faith Efforts” to meet the WSBE goal, which includes correctly and accurately preparing and submitting this form and other efforts described in the City’s Good Faith Efforts Policy (Document 00808). The Office of Business Opportunity will review Good Faith Efforts and Participation Plan after selection of an apparent low bidder.

UNLESS THE BIDDER’S/PROPOSER’S PARTICIPATION PLAN MEETS THE INDIVIDUAL CONTRACT GOALS, FAILURE TO SUBMIT THIS FORM MAY RESULT IN THE BID BEING FOUND NON-RESPONSIVE.

Plan Item No.

WSBE/

OTHER

Type for

Goal

Certified Firm Name Address, Phone No. and

E-Mail

Certified Firm

Contact Person

Methods of

Contact

Prime Contact Dates

Certified Firm

Response

Results of Contact

(why suitable or not suitable for work)

WBE �

SBE �

OTHER �

Phone � E-mail � Other �

OTHER �

Phone �

OTHER �

Phone �

OTHER �

Phone �

Authorized Signature: Date: Phone:

Print Name: Email Address:

Company Name:

FY2026 Sidewalk Program Work Order Package #1 POST-BID

WBS NO. N-320610-0154-4 GOOD FAITH EFFORTS

00571-2

CONTINUATION PAGE

Plan Item No.

WSBE/OTHER

Type for Goal

Certified Firm Name Address, Phone No.

and E-Mail

Certified Firm

Contact Person

Methods of

Contact

Prime Contact Dates

Certified Firm

Response

Results of

Contact (why suitable or not suitable for work)

WBE �

SBE �

OTHER �

Phone �

OTHER �

Phone �

OTHER �

Phone �

OTHER �

Phone �

OTHER �

Phone �

OTHER �

Phone �

OTHER �

Phone �

PLEASE COMPLETE ELECTRONICALLY OR PRINT LEGIBLY!

Authorized Signature: Date: Phone:

Print Name: Email Address:

FY2026 Sidewalk Program Work Order Package #1 POST AWARD PLAN WBS No. N-320610-0154-4 DEVIATION REQUEST

00572-1

Document 00572

POST AWARD PLAN DEVIATION REQUEST

Project Name:

Department Approved

Contract Goals

WBE

SBE

Total

Bidder’s Proposed Participation Plan

WBE

SBE

OTHER

(PDBE, VOSBE,

DVOSBE,

LGBTBE)

(up to 4%)

Total

Justification: Please provide the reason the Bidder is unable to meet the Contract Goal in Document 00800.

Good Faith Efforts: Please list any efforts not listed in the Bidder’s Pre-Bid Good Faith Effort (Document 00571) and provide supporting documentation evidencing “Good Faith Efforts”, as required by the City of Houston’s Good Faith Efforts Policy (Document 00808).

Date: Company Name:

Email: Company Representative:

Phone Number: Title:

PLEASE ELECTRONICALLY COMPLETE OR PRINT LEGIBLY!

FOR OFFICIAL USE ONLY: Approved Not Approved

OBO Representative Date:

Title:

WBS No. N-320610-0154-4 LIST OF PROPOSED SUBCONTRACTORS AND SUPPLIERS

Document 00600

00600-1 07-01-2013

LIST OF PROPOSED SUBCONTRACTORS AND SUPPLIERS

PROJECT NAME: FY2026 Sidewalk Program Work Order Package #1

TOTAL DBE AWARD: $

ORIG. CONTRACT PRICE: $ TOTAL MWSBE AWARD: $

PROJECT NO.: WBS No. N-320610-0154-4 TOTAL HUB AWARD: $

DATE OF REPORT: TOTAL PDBE AWARD: $

(6 digits)

SUBCONTRACTOR OR

SUPPLIER (INCLUDE

“MWSBE”, “PDBE”, “DBE”, OR

“HUB” DESIGNATION)2

ADDRESS

SCOPE OF

WORK3

NOTES: 1. RETURN FOR ALL PROJECTS AS REQUIRED IN DOCUMENT 00803 – SUPPLEMENTARY CONDITIONS. RETURN

WITHIN THE SPECIFIED NUMBER OF DAYS AFTER RECEIPT OF NOTICE OF INTENT TO AWARD

2. DESIGNATE FIRMS CERTIFIED BY THE CITY OFFICE OF BUSINESS OPPORTUNITY ON THIS FORM.

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

4. CONTRACTOR SHALL EXECUTE CONTRACTS WITH APPROVED SUBCONTRACTORS AND SUPPLIERS WITHIN

30 DAYS AFTER THE DATE OF THE NOTICE TO PROCEED. COPIES OF CONTRACTS WITH DESIGNNATED FIRMS

MUST BE SENT TO THE OFFICE OF BUSINESS OPPORTUNITY.

SIGNATURE: COMPANY NAME:

NAME: TITLE:

(Type or Print)

Document 00600

00600-2 07-01-2013

WBS No. N-320610-0154-4 LIST OF PROPOSED SUBCONTRACTORS AND SUPPLIERS

PROJECT NAME:

Continuation Page

DATE OF REPORT:

PROJECT NO.: WBS No. N-320610-0154-4

(6 digits)

SUBCONTRACTOR OR

SUPPLIER (INCLUDE

“MWSBE”, “PDBE”, “DBE”, OR

“HUB” DESIGNATION)2

ADDRESS

SCOPE OF

WORK3

SIGNATURE: COMPANY NAME:

NAME: TITLE:

(Type or Print)

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 FY2026 Sidewalk Program Work Order Package #1 WBS N- 320610-0154-4, 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.

00610-2

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.

00610-3

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

Name: Name:

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

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 FY2026 Sidewalk Program Work Order Package #1 WBS N-320610-0154-4, 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.

00611-2

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.

Title: Title:

Date:

ATTEST/SURETY WITNESS

Full Name of Surety

Name: Name:

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.

WBS No. N-320610-0154-4 ONE-YEAR MAINTENANCE BOND

00612-1 05-17-2005

Document 00612

ONE-YEAR MAINTENANCE BOND

hereinafter called Contractor, and the other subscriber hereto, , as Surety, do hereby acknowledge ourselves to be held and firmly bound to 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.

WHEREAS, the Contractor has on or about this day executed a Contract in writing with the City of Houston for FY2026 Sidewalk Program Work Order Package #1 WBS N- 320610-0154-4, 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 comply with the provisions of Paragraph

11.5.1 of the General Conditions, and correct work not in accordance with the Contract documents discovered within the established one-year period, then this obligation shall become null and void, and shall be of no further force and effect; otherwise, the same is to remain in full force and effect.

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.

WBS No. N-320610-0154-4 ONE-YEAR MAINTENANCE BOND

00612-2 05-17-2005

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/SURETY WITNESS:

Full Name of Surety

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

ONE-YEAR SURFACE CORRECTION BOND

00613-1 05-17-2005

Document 00613 hereinafter called Contractor, and the other subscriber hereto, , as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of Houston, a municipal corporation, in the sum of $ such sum being equal to four percent of the Original Contract Price, for the payment of which sum to be made to the City of Houston and its successors, Contractor and Surety do bind themselves, their successors, jointly and severally.

WHEREAS, the Contractor has entered into a Contract in writing with the City of Houston, Texas, dated of even date herewith, for FY2026 Sidewalk Program Work Order Package #1 WBS N-320610-0154-4, all of such work to be done in accordance with the Contract documents therein referred to, and adopted by the City Council of the City of Houston.

NOW THEREFORE, if the Contractor shall comply with the provisions of Paragraph

11.5.1 of the General Conditions, and repair, replace, restore, and correct surface work associated with backfill operations of subsurface work not in accordance with the Contract documents discovered within one year from the date that the One-year Maintenance Bond has expired, then this obligation shall become null and void, and shall be of no further force and effect; otherwise, the same is to remain in full force and effect.

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.

00613-2 05-17-2005

IN WITNESS THEREOF, the said Principal and Surety have signed and sealed this instrument on the respective dates written below their signatures.

By: By:

Name: Name:

ATTEST/SURETY WITNESS:

Full Name of Surety

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

CITY OF HOUSTON - CONDITIONS OF THE CONTRACT Page 1 of 54 DOCUMENT 00700 - GENERAL CONDITIONS 10 July 2026

Document 00700

GENERAL CONDITIONS

July 10, 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

Page 00700/2 of 54 CITY OF HOUSTON - CONDITIONS OF THE CONTRACT

DOCUMENT 00700 - GENERAL CONDITIONS

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-FREE WORKPLACE COMPLIANCE

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

CITY OF HOUSTON - CONDITIONS OF THE CONTRACT Page 3 of 54

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 39

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

Page 00700/4 of 54 CITY OF HOUSTON - CONDITIONS OF THE CONTRACT

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 51

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

CITY OF HOUSTON - CONDITIONS OF THE CONTRACT Page 5 of 54

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…