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R2017-070 2017-04-10 RESOLUTION NO. R2017-70 A Resolution of the City Council of the City of Pearland, Texas, awarding a contract for chemical containment wall coating and chemical tank replacement, for City water reclamation facilities, to C3 Constructors in the amount of$187,500.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That competitive bids for chemical containment wall coating and chemical tank replacement have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to C3 Constructors, in the amount of$187,500.00 Section 3. The City Manager or his designee is hereby authorized to execute a construction contract for chemical containment wall coating and chemical tank replacement. PASSED, APPROVED and ADOPTED this the 10th day of April, A.D., 2017. .,, . -----2. , C11'Y) TOM REID MAYOR ATTEST: l'S Y NG %BR ING, C/� = �'� 1 Y RETARY v �\ ''''',Issilloo‘s APPROVED AS TO FORM: ....z9rt_______ DARRIN M. 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' .. .. . ... r ., .. . • . 1,,_______ .::,..:..... . ,...44.,, . :.: • ,..,, , ::.,.... , .. .. . e. ..... ...... • . ? Li i a. 4 .,. . 1 g.- . ., .., ,.. • • . -4 . X., .. ... . .. . .. , . . ,.1.. .. .. . .. . . f' ••:'-':: i ,. ,.. ,t'lf , . . _,... . . 'i4i'':",r''''':VI...' •'''',-- ' . ..:, .... . . . — '..... ... .. _..,•'. ,. . • ' ...... , , , .,, _ „.. .._. .,...,. . _...., ., ,.. . , • . . ... . .. . .. • .. ... _ .,_.. „:. • ..” . .... .. • ,. ....... ., . • .• . , . ..,,,.. , „.. . ..... . . _. . .. . . . . ... ., , .... r , , Ao. , ,.....t.. . . ,.. 1 .'.04. ...,,..,:,,,,....,.. • ., ,„ i S r . l _ ., . , . i ' , •; „ . , ; IF ''''.',.<"-.- ?Its f f z s • j• • • 3 1/01.. - .' .3 ".,_.._::. \\\\\\\\\\\\\\\\\\ \\\\ \\\\ \\\\\\\\ 'f; ''''111\111\11\\\\ \\\\\\ \\\\\\ \\\\\\\ 4rdurra oup 2032 Buffalo Terrace Houston,Texas 77019 TBPE Firm#17004 www.ardurragroup.com March 10,2017 Mr. Mark Wahlstrom Wastewater Superintendent 3519 Liberty Drive Pearland,TX 77581 Subject: Recommendation of Award Chemical Containment Area Coating: Barry Rose, Longwood and Southdown WRFs City of Pearland Proposal:0217-22 Dear Mr.Wahlstrom: We received bids for the subject City of Pearland (the City) project in City Council Chambers on Tuesday, March 7,2017 at 2:00 PM. Three (3) reputable contractors submitted proposals for this work.The apparent low bidder is C3 Constructors, LLC located in Willis,Texas.We have reviewed the bids and have spoken with the apparent low bidder, and they are comfortable with the bid. C3 Constructors, LLC recently completed construction of the City's John Hargrove WRF Bar Screen Addition Project,which was also designed by Ardurra Group. Based upon their performance on the Bar Screen Addition Project and a thorough review of their qualifications and personnel,we find C3 Constructors, LLC to be an acceptable contractor.We recommend that the referenced contract be awarded to C3 Constructors, LLC in the amount of$187,500.00. Please review this information and call me at(346)666-5092 if you have any questions or need any additional information. Sincerely, ' ••;,S' e• it Christopher M. Munson, P.E. j•*•;.........•••••••'..u..... TOPHER M. ON / Ardurra Group ti CHRIS V....;::..i 2�374•/. �i tp�•....CENg�%vs .; LOUISIANA I MISSISSIPPI I FLORIDA I NEW YORK O 0 0 0 O 00 O 0 0 0 of ri o to.0 .0 m v m N .6 O � r-- .t v O O N .O '- th U N C C 0 O W N to (0 to N co-c m O O O O O O C o4 • r� O O (") N"O CY v COO, v 3 2 ce,0 - r• C o 0 V O)0) .c a L y S2 W O .' c E to C co to V) V) to to 2 N T C O O O O O O C y CO O O O 0 O 0 C m 2 ci O O O O O O 2 O d O C o t\ O o CO o O O /�al rn _ U V a ON .^- co co N co p Q d — to 17 to 0 N - U to >. N m E <�0 ` C U L•Y 4. ' a N W W EA tn. /o to to L'O 5 U y o O N O O O m C O tb vi 0 O O y O O t0 C O O N y C a O _N CD CO N 0)O @ T i m 'O :COL' t m m c _ a CO U 0 p x E m o m W OL. U- j to "' u) to to u) D 0 O 00 0 0 0 o n to E d O Lei 0 0 ui o 2 y y0 N .N- <<00 CO 0 01 t00 >.O. m r- ri o 0 tri y E V to t0 co y U 3 O .E• to L C N O U m 5 y JW 0 to 0) to 0) m y J ` O O O O O a r «) y 0 U O O 0 O O O • N S S N E y CO = ?'W 2 to <o to o y 0 )E C 0 CO< <00 -0 c - - C 3 m O 2 j 2 y y d L L 2 U � ''pp E C ( (0 W D V) to to to (0 to a D O c CO U C O 2 N,y-8 _o N 7 LD a Eo• U .. O a3 E E 2 v U7 U) _I J J) - C y = 2 f0 2 d O o 0 m O U 3 C y E O « , m n J U U d il CO. O y O CO O m O . a S I 5. O III Q m N Vi O Z d ° rn 0 Y c 8 d 1- L L o 0 0 o m ¢• y .0 V U 3 y a 4) 3 `- c y _ a Q m o `o E `xx x x @ 0 0r 0) ?) '� m m d 'c N m y O c y co IO c19 (0 mmdLLP. o0 5towm3 M > F =aa CC >> c 1 13 O C S Y m m a N `J T N` N 0) -0 C tO 2 Q U o c m c r� O ¢U ¢ E o v 3 d v t<pp _ _11 83 O.- L..CE N U m O m 4) O .t. C l0 C U in b1 L N N n . • L 0 Q C N > co C A C Ut CO U Q. H L y p W N co 2 J C¢ CO m CO o . N 8 to or o U O 0 o 2 L 2 x 0 ''C'a U o o N o '.5) o o X `O° A C Zo m Y o Y g E .0 X Y 3 3 3 0 3 a U m cc o J O 0 • o 0 C 0 O O 0 O J a J J a ¢a D U W U m ¢ m ¢ o ¢ to y y c y to m 13 1 y c O a a p co T 0 j c p N W — N M V t C m U W a) U -a m .O y O C C13 i- 0 m N O R _1 7 z. _ _ - Project Manual for: Chemical Containment Area Coating Barry Rose, Longwood and Southdown Water Reclamation Facilities Technical Specifications and Details Conformed Documents 0 9 Resolution No. R2017-70 ��' Exhibit "A" PE . T E X AS sr. l o or Bid No. : 0217-22 April 2017 = EOF TE N Prepared By: f* : *,/� CHRISTOPHER M. MUNSON • � , '�, . ;: X21374 ;iArdurra ii rou •••.. , E ..••. f�1Gk► •. ,LENS, • � i 2032 Buffalo Terrace ION . 0 Houston, TX 77019 Tel: 713-892-5443 TBPE Registration No. 17004 City of Pearland WRF Chemical Containment Area Coating TABLE OF CONTENTS CITY OF PEARLAND BRAZORIA COUNTY, TEXAS TABLE OF CONTENTS SECTION No. of Pages DIVISION 0 BIDDING AND CONTRACT DOCUMENTS 00010 Table of Contents 3 00100 Invitation to Bid 3 00200 Instructions to Bidders 8 00300 Bid Proposal Parts A-B 5 00500 Standard Form of Agreement 7 00500A Appendix A, Title VI Nondiscrimination Assurances 2 00610 Performance Bond 2 00611 Payment Bond 2 00612 One-Year Maintenance Bond 2 00615 Partial Waiver of Lien 1 00700 General Conditions to Agreement 58 00800 Special Conditions of Agreement 2 00811 Wage Scale for Engineering Construction 5 DIVISION 1 GENERAL REQUIREMENTS 01014 Construction Scheduling 3 01026. Schedule of Values 2 01046 Control of Work 2 *01100S Summary of Work 1 01100 Summaryof Work 2 01110 Environmental Protection Procedures 7 *01140S Contractor's Use of Premises 1 01140 Contractor's Use of Premises 4 01200 Measurement and Payment Procedures 3 *01290S Change Order Procedures 1 01290 Change Order Procedures 4 01310 Coordination and Meetings 3 *01350S Submittals •1 01350 Submittals 7 01380 Construction Photographs 3 01420 Referenced Standards 5 01430 Contractor Quality Control 2 01440 Observation Services 1 01450 Testing Laboratory Services 3 *01500S Temporary Facilities and Controls 1 00010-1 2/10/17 City of Pearland WRF Chemical Containment Area Coating TABLE OF CONTENTS DIVISION 1 GENERAL REQUIREMENTS - Continued 01500 Temporary Facilities and Controls 10 *01505S Mobilization 1 01505 Mobilization 2 *01562S Waste Material Disposal 1 01562 Waste Material Disposal 3 01600 Materials and Equipment 3 01630 Product Options and Substitutions 3 01760 Project Record Documents 2 01770 Contract Closeout 2 DIVISION 2 SITE WORK *02200S Site Preparation 1 02200 Site Preparation 4 02220 Site Demolition 5 DIVISION 3 CONCRETE—NOT USED DIVISION 4 MASONRY—NOT USED DIVISION 5 METALS—NOT USED DIVISION 6 WOOD AND PLASTIC (INCLUDING FIBERGLASS)—NOT USED DIVISION 7 THERMAL AND MOISTURE PROTECTION—NOT USED DIVISION 8 DOORS AND WINDOWS -NOT USED DIVISION 9 PROTECTIVE COATING 09902 Painting 10 DIVISION 10 SPECIALTIES—NOT USED DIVISION 11 EQUIPMENT—NOT USED DIVISION 12 FURNISHINGS -NOT USED DIVISION 13 SPECIAL CONSTRUCTION 13218 Crosslinked Polyethylene Tanks 9 DIVISION 14 CONVEYING SYSTEMS—NOT USED 00010-2 2/10/17 City of Pearland WRF Chemical Containment Area Coating TABLE OF CONTENTS �., DIVISION 15 MECHANICAL 15064 Plastic Pipe and Fittings 6 15100 Valves 6 DIVISION 16 ELECTRICAL—NOT USED APPENDICES Al Description of Work 4 A2 Containment Wall Site Data Sheets 5 A3 Paint Quantity Worksheet 1 END OF SECTION 00010-3 2/10/17 CITY OF PEARLAND INVITATION TO BID Section 00100 INVITATION TO BID CITY OF PEARLAND, TEXAS Lowest Responsible Bidder Sealed Electronic Bids will be accepted for the following project, in the City's E-bid System. Electronic bids shall be submitted through the City's web site at: https://pearland.ionwave.net/Login.aspx. All interested Bidders are required to register as a "supplier" on the City's E-bid System at the above web address and clicking on "Supplier Registration". Registration provides automatic access to any changes to the Plans, Specifications or Bid time and date. However,,submission of an E-bid requires completing a short registration questionnaire found on this web site. When prompted to add or remove commodity codes registrants must add the codes listed below: * Building Construction Services,New(Includes Maintenance and Repair Services) * Construction Services, General (Includes Maintenance and Repair Services) * Construction Services, Heavy(Includes Maintenance and Repair Services) * Construction Services, Trade (New Construction) For more information regarding registration instructions, see INSTRUCTIONS TO BIDDERS, Section 00200, included in the project bid documents viewable on the web site. Questions regarding electronic bidding should be directed to . City Purchasing Officer at CP'\. ebids;ii;.earlandtx.eov. All Bids submitted electronically will remain confidential until the opening date and time when they will be opened and read into the public record. Bids, shall be submitted on the form provided in the E-bid System and submitted electronically through this system to the City Purchasing Officer, City of Pearland, City Hall located at 3519 Liberty Drive, Pearland, Texas 77581. Electronic bids will be accepted until 2:00 p.m., Tuesday, March, 7 2017. All Bids shall reference the following project information in the appropriate locations in provided electronic format. All properly submitted bids shall be publicly "opened" and read aloud into the public record following the closing of the acceptance period for the construction of: WRF Chemical Containment Area Coating City of Pearland, Texas BID NO.: 0217-22 A mandatory pre-bid conference will be held at the City of Pearland City Hall at 3519 Liberty Drive,Pearland,Texas 77581 at 10:00 a.m. on February, 24, 2017. The project will entail the replacement of Sodium Hypochlorite and Sodium Bisulfite storage tanks, and application of protective coatings within the chemical storage tank containment areas at the Barry Rose, Longwood and Southdown Water Reclamation Facilities (WRFs). C 02-2015 00100-1 of 3 CITY OF PEARLAND INVITATION TO BID (11-\ Upon award of a contract, the successful Bidder will be required to utilize the City's web based project management software, "Pro-Trak" for the administration of the construction project, including but not limited to,all transmittals and material submittals,RFI's,RFC's,Change Orders, Applications for Payment and all project communications with the City, its Construction Manager and Engineer. This system has certain hardware, interne access and operation requirements that form the basis for all project communications,documentation and records for the project.For more information, see INSTRUCTIONS TO BIDDERS, Section 00200. Electronic Bid Documents: including Contract Documents, Plans and Technical Specifications are available for download on the City's Website at: https:llpearland.ionWave.net/Login.aspx upon registration. The documents are NOT viewable without registration. These same documents are also available at the following locations. City of Pearland, City Hall (281) 652-1600 Purchasing Department 3519 Liberty Drive Pearland, Texas 77581 Amtek Plan Room (713) 956-0100 4001 Sherwood Houston, TX 77092 The Associated General Contractors of America, Inc. (713) 334-7100 2400 Augusta, Suite 350 Houston, TX 77057 Virtual Builders Exchange (832) 613-0201 7035 W. Tidwell Building J, Suite 112 Houston, TX 77092 McGrawHill Construction—Dodge Reports 1-800-393-6343 No plan fees or deposits are required for plans and bid documents obtained through the City's E- bid System. BIDDERS MUST REGISTER AS A SUPPLIER ON THE CITY'S E-BID SYSTEM IN ORDER TO SUBMIT A BID EVEN IF BID DOCUMENTS ARE OBTAINED VIA ONE OF THE PLAN HOUSES. Bidders accept sole responsibility for downloading all of the required documents, plans, specifications bid forms and addenda required for bidding. No bid may be withdrawn or terminated for a period of ninety (90) days subsequent to the bid opening date without the consent of the City of Pearland. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s). Bid Security and Bonds: Bid Security in the form of Cashier's Check, Certified Check, or Bid Bond payable to the City of Pearland in the amount of 5% of the total base bid price must 02-2015 00100-2 of 3 CITY OF PEARLAND INVITATION TO BID accompany each proposal. Bidders submitting bids electronically through the E-bid System shall scan and up-load a copy of the sealed Bid Bond as an attachment to their bid. Original documents for Bid Security shall be requested by the City from the lowest two bidders and delivered to the City's Purchasing Officer within 48 business hours of the Bid Opening. Bid Security shall be delivered to: Office of City Purchasing, Finance Department, 2nd Floor City Hall, 3519 Liberty Drive,Pearland, Texas 77581. The successful Bidder must furnish Performance and Payment Bonds as required by Chapter 2253 of the Texas Government Code or other applicable law, as amended, upon the form included in the Contract Documents, in the amount of one hundred percent(100%) of the contract price, such bonds to be executed by a corporate surety duly authorized to do business in the State of Texas, and named in the current list of"Treasury Department Circular No. 570", naming the City of Pearland, Texas as Obligee. Additionally, the successful bidder shall be required to provide a one year Maintenance Bond for the improvements installed as part of this work, as provided in the Special Conditions of Agreement. Equal Opportunity: All responsible bidders will receive consideration for award of contract without regard to race, color, religion, sex, or national origin. Nondiscrimination: The City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- Assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. DBE/SBE Goal: The Disadvantaged Business Enterprise (DBE) goal for this project is 0%. The Small Business Enterprise (SBE) goal for this project is 0%. DBEs and SBEs selected must be TxDOT approved. Race neutral participation is encouraged and can be achieved through various supplier and subcontracting opportunities. Selection Criteria: The Contract is to be awarded on the basis of Lowest Responsible Bidder. In identifying this criteria the City will consider: 1) lowest total bid price for all work listed and specifically requested, including but not limited to: Base Bid, Extra Work items and selected Alternates. The City of Pearland reserves the right to award a contract based on any combination of the above considered to be in its best interests or to reject any or all bids. A bid that has been"opened"may not be changed for the purposes of correcting an error in the bid price. Young Lorfing, TRMC City Secretary, City of Pearland First Publication date February 15, 2017 Second Publication date February 22, 2017 02-2015 00100-3 of 3 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Section 00200 C INSTRUCTIONS TO BIDDERS 1. Defined Terms 1.1 The term "Owner" hereinafter is defined as the City of Pearland and is used interchangeably with the term "the City". Both terms are synonymous and refer to the City. 1.2 The term "Bidder" means one who submits a Bid Proposal directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest responsible Bidder to whom the Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bid Documents" includes the Invitation to Bidders, Instructions to Bidders, the Bid Proposal, and the proposed Contract Documents (including all Addenda issued prior to receipts of bids). 1.3 The term "E-bid System"refers to the City's electronic bidding system. This is a web- based system that provides all Bid Documents electronically to potential Bidders and forms the pathway for interested Bidders to submit bids in response to advertisement and invitation. The term "e-bid" and/ or "electronic bid" means the Bidders' electronic response submitted on the electronic Bid Proposal to the Owner by way of the E-bid System. The terms "electronic bid" or"e-bid" are used inter-changeably to describe the above bid process to submit an authorized bid to the City in response to an Invitation to Bidders. (16's 1.4 The term "Pro-Trak" means the City's web-based contract administration and construction records management system used by involved parties to administer the project. This system serves as the web accessed centralized information distribution hub for communications and document management, pay application processing and record retention for all project documentation. Operational instructions for this system will be issued to the successful Bidder at the pre-Construction Meeting. 1.5 All other definitions set out in the Contract Documents are applicable to terms used in the Bidding Documents. 1.6 Unless otherwise expressly provided herein, all references to "day(s)" shall mean consecutive calendar day(s). 2. Registration for E-bid System 2.1 The Owner's E-bid System is accessible via the City's web site at https://pearland.ionwave.net/Login.aspx. Bid documents can be viewed by simply selecting a specific project from the BID OPPORTUNITIES list and clicking on that project AFTER registration as a Supplier. Potential Bidders MUST REGISTER as a"Supplier"by clicking on the Supplier Registration button and completing the registration form. When prompted to add or remove commodity codes registrants must add the codes listed below: * Building Construction Services,New(Includes Maintenance and Repair Services) * Construction Services, General (Includes Maintenance and Repair Services) * Construction Services, Heavy (Includes Maintenance and Repair Services) * Construction Services, Trade (New Construction) 12-2014 00200-1 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Select the appropriate Time Zone for the Bidder's location and whether that location observes ate` Daylight Savings time. Complete the registration information providing all required contact information and establish password security for the E-bid System. Once complete, "suppliers" will receive emails notifying of bid opportunities. Downloading any project bid data will automatically place the bidder's contact information on the list of plan holders list and the E- bid System will automatically send any and all updates, changes or addenda associated with that project. 2.2 The electronic Bid Proposal can only be submitted through this system. The form can be printed for Bidder's use, but the Bid Proposal MUST be submitted on the electronic form within the E-bid System. 2.3 Questions regarding use of the E-bid System may be directed by email to: ebids v.pearlandtx.gov. 3. Copies of Bidding Documents 3.1 Complete sets of "electronic" Bidding Documents are available for download to registered Bidders at No Cost from the City's E-bid System at: www.cityofpearland.org/bids. Interested Bidders must register as a "Supplier" on this site in order to receive the Bid Documents, and all Addenda or other notifications of changes, including communications from the Owner or Engineer. All Bid Documents are available to download and print. 3.2 The Bidder accepts sole responsibility for ensuring that he obtains a full set of these documents by completing the registration and executing a full and complete download of the project documents. Downloading of Bid Documents automatically ensures receipt of any and r**\, all subsequent communications from the City or its Engineer. 3.2 Copies of Bidding Documents are available or may be viewed at any of the Plan Houses listed in the Invitation to Bidders. It is recommended that all interested Bidders, whether bidding directly to the Owner or Sub-bidders bidding to a Bidder, register as a Supplier and download the project Bid Documents. 3.3 Complete sets of Bidding Documents must be used in preparing Bid Proposals; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents including, but not limited to all Addenda issued prior to bid. 3.4 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bid Proposals on the Work, and do not confer a license or grant for any other use. 4. Qualifications of Bidders 4.1 In determining to whom to award a contract, the City of Pearland may consider, in addition to the other selection criteria identified in section 16 of these Instructions to Bidders, the following Qualifications of Bidder, and each Bidder must be prepared to submit within two (2) days of Owner's request any or all of such Qualifications requested: 1) A brief narrative of previous experience of the Bidder with projects of a similar nature and scope; 12-2014 00200-2 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 2) A list, including owner name and project location, of on-going projects and contracts for construction of projects of the Bidder which are not yet substantially complete; 3)A list of proposed subcontractors and suppliers for the project being bid; 4) A list of name, address and telephone number of references for projects completed by Bidder; and 5) A Financial Statement of Bidder, consisting of the balance sheet and annual income statement of Bidder for the Bidder's last fiscal year end preceding the submission of the Bid Proposal, which has been audited or examined by an independent certified public accountant. The Financial Statement of Bidder shall be used to determine a Bidder's net working capital, which is defined as current assets less current liabilities. A Bidder's net working capital shall be considered evidence of the Bidder's ability to provide sufficient financial management of the project being bid. The Bidder's Financial Statement shall be clearly and conspicuously marked as "confidential", and shall be deemed and treated as confidential and excepted from the Public Information disclosure requirements of Texas Government Code Section 552.001 et seq., as such information, if released, would give advantage to a competitor or bidder, and/or would cause substantial competitive harm to Bidder. 5. Examination of Contract Documents and Site 5.1 It is the responsibility of each Bidder before submitting a Bid Proposal, to (a) examine the Bidding Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, -- �' state and local laws and regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors, omissions or discrepancies in the Contract Documents, (f) to recognize and plan for use of the City's "Pro-Trak" software to administer the construction process and perform the work of the project. 5.2 Any reports of explorations and tests of conditions at the site which have been utilized by the Engineer in preparation of the Contract Documents will be made available to Bidders for review, but such reports are not part of the Contract Documents. Bidder may not and should not rely upon the accuracy of the data contained in such reports, interpretations or opinions contained therein, or the completeness thereof, for the purposes of bidding or construction. 5.3 Information and data reflected in the Contract Documents with respect to underground utilities, equipment or other underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof 5.4 Before submitting a Bid Proposal, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid Proposal prices for performing and furnishing the Work in 12-2014 00200-3 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS accordance with the Contract Time, Contract Price and other terms and conditions of the Contract Documents. 5.5 On request in advance, Owner will provide each prospective Bidder access to the site to conduct such explorations and tests as each prospective Bidder deems necessary for submission of a Bid Proposal. Prospective Bidders shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 5.6 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands, access thereto or contractual arrangements for use by the Contractor required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 5.7 The submission of a Bid Proposal will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid Proposal is premised upon performing and furnishing all of the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in, required by or reasonably inferred from the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. Interpretations and.Addenda 6.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered or transmitted by electronic means to all registered Bidders in the City's E-bid System. Questions received less than five (5) days prior to the date for opening of Bid Proposals may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. Addenda will automatically be made available to all registered Bidders that have downloaded Bid Documents from the City's E-bid System. 7. Bid Security 7.1 Each Bid Proposal must be accompanied by bid security made payable to Owner in an amount of five percent (5%) of the Bidder's maximum Bid Proposal price, in the form of a certified check, cashier's check or a Bid Bond ("Bid Security"). 7.2 Bidders submitting bids through the E-bid System shall scan and up-load a copy of their Bid Security (sealed Bid Bond, Certified Check or Cashier's Check ) as an attachment to their electronic bid. Original documents for Bid Security shall be requested by the City from the lowest two bidders and delivered to the City's Purchasing Officer within 48 12-2014 00200-4 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS business hours of the Bid Opening. Bid Security shall be delivered to: Office of City Purchasing, Finance Department, 2"d Floor City Hall, 3519 Liberty Drive, Pearland, Texas 77581. 7.3 The Bid Security of the Successful Bidder will be retained until such time as Bidder has executed the. Standard Form of Agreement, and furnished the required Performance and Payment Bonds, whereupon the Bid Security of both bidders will be returned. If the Successful Bidder fails to execute and deliver the Standard Form of Agreement and furnish the required performance and payment bonds within ten (10) days after the Notice of Award, Owner may annul the Notice of Award and shall be entitled to make a claim against the Bid Security. The Bid Security of other Bidders will be retained until the Contract is awarded and the Standard Form of Agreement becomes effective, or all bids are rejected, whereupon Bid Security furnished by all such Bidders will be returned. 8. Contract Time 8.1 The number of days in which the Work is to be Substantially Completed, as set forth in the Bid Proposal form and the Standard Form of Agreement, subject to such extension of time as may be due under the terms and conditions of the Contract Documents ("Contract Time"). All references to "time" or"days" shall be interpreted as consecutive calendar days. 9. Liquidated Damages and Early Completion Bonus 9.1 Provisions for liquidated damages and early completion bonus, if any, are set forth in the Standard Form of Agreement. 10 Substitute or "Or-Equal" Items 10.1 The Contract, if awarded, will be on the basis of the selected materials and equipment described in the Plans or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Plans or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by the Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Agreement becomes effective. All "or-equal" references shall be interpreted to mean "or approved equal". The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in the Contract Documents. 11. Bid Form 11.1 The Bid Proposal form (Section 00300 — Bid Proposal) is included with the Bidding Documents when downloaded. This Document must be printed and signed, as required below, and then uploaded as an Attachment to the Bid. All E-bids must be submitted on the City's official E-bid System Bid Proposal document. All blanks on the Bid Proposal form must be completed or filled in. The Bidder shall bid all Alternates, if any. Incomplete Bid Proposals may be cause for rejection. 11.2 Bid Proposals by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied be evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. 12-2014 00200-5 of 8 • CITY OF PEARLAND INSTRUCTIONS TO BIDDERS The corporate address and state of incorporation must be shown below the signature. Once executed the document is to be uploaded as an attachment to the Bid. 11.3 Bid Proposals by partnerships must be executed in the partnership name and signed by a general partner, whose title must appear under the signature, and if a corporate general partner, executed as required above for corporations and the official address of the partnership must be shown below the signature. All names must be typed or printed below the signature. Once executed the document is to be uploaded as an attachment to the Bid. 11.4 The Bidder shall acknowledge receipt of all Addenda (the number of which must be filled in on the Bid Proposal form). 11.6 The address and telephone number for communications regarding the Bid Proposal must be shown on the Bid Proposal form. 12. Submission of Bid Proposals 12.1 The place, date and/or time designated for opening Bid Proposals may be changed in accordance with applicable laws, codes and ordinances. Any such changes to the Bid Schedule shall be made by Addenda. 12.2 Electronic Bids shall be submitted per the requirements, instructions, terms and conditions as stated in the registration and submittal instructions of the City's E-bid System electronic bidding software. All Bidders utilizing this system MUST register as a potential supplier, (Bidder). E-Bids are submitted directly via the City's Web based system located at https://pearland.ionwave.net/Login.aspx. Bid Proposals submitted after the bid date and time will be rejected. 13. Modification and Withdrawal of Bid Proposals 13.1 Prior to submission, E-bid Bid Proposals may be modified or withdrawn without prejudice. 13.2 Once submitted, Bid Proposals may only be modified by an appropriate document duly executed (in the manner that a Bid Proposal must be executed) and delivered to Office of City Purchasing, Finance Department, 2nd Floor City Hall, 3519 Liberty Drive, Pearland, Texas 77581 and submitted any time prior to the opening of Bid Proposals. 13.3 A Bidder may not modify or withdraw its Bid Proposal by facsimile or verbal means. A withdrawn Bid Proposal may be resubmitted prior to the designated time for opening Bid Proposals. No bid may be withdrawn or terminated for a period of sixty (60) days subsequent to the bid opening date without the consent of the City of Pearland. 13.4 If, within twenty-four (24) hours after Bid Proposals are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material mistake in the preparation of its Bid Proposal, that Bidder may request to withdraw its Bid Proposal and the bid security may be returned or, at the discretion of the Owner, Owner may make a claim against the bid security. Thereafter, that Bidder will be disqualified from further bidding on the Project to be provided under the Contract Documents. 12-2014 00200-6 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 14. Opening of Bid Proposals 14.1 Bid Proposals will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of the base Bid Proposals and major alternates (if any) will be made available to Bidders after the opening of Bid Proposals. Bid Proposals, in their entirety, shall be open for public inspection after the contract is awarded, with the exception of any trade secrets or confidential information contained therein, provided Bidder has expressly identified any specific information contained therein as being trade secrets or confidential information. 15. Bid Proposals to Remain Subject to Acceptance 15.1 All Bid Proposals will remain subject to acceptance for sixty (60) days after the day of the Bid Proposal opening, but Owner may, in its sole discretion, release any Bid Proposal and return the bid security prior to that date. 16. Award of Contract 16.1 Owner reserves the right to reject any and all Bid Proposals, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. Owner may reject a bid as non-responsive if: 1) Bidder fails to provide required Bid Security; 2) Bidder improperly or illegibly completes or fails to complete all information required by the Bidding Documents; 3) Bidder fails to sign the Bid Proposal or improperly signs the Bid Proposal; 4) Bidder qualifies its Bid Proposal; 5) Bidder tardily or otherwise improperly submits its Bid Proposal; 6) Bidder fails to submit the Qualifications of Bidder as required under section 3 of these Instructions to Bidders; or 7) Bid Proposal is otherwise non-responsive. Contracts are awarded on the basis of one of the following criteria: A)provision of the "Best Value" or B) Lowest Responsible Bidder 16.2 Best Value. In determining the best value for the Owner, and in determining to whom to award a contract, Owner may consider: 1) purchase price; 2) reputation of the Bidder and Bidder's goods or services; 3) quality of Bidder's goods or services; 4) extent to which the goods or services meet the Owner's needs; 5) Bidder's past relationship with the Owner; 6) • impact on the ability of Owner to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; 7) total long-term cost to Owner to acquire Bidder's goods or services; 8) the Qualifications of Bidder; and 9) any other relevant criteria specifically listed in the Bidding Documents. A contract to be awarded to the Bidder offering the Best Value may be let on either a lump sum basis or a unit cost basis dependent on the Bid Proposal format. 16.3 Lowest Responsible Bidder. In determining Lowest Responsible Bidder, Owner will • consider: Lowest Total Bid price for all work including Base Bid, Extra Work and Alternates, if any, and any other cost criteria. Additional evaluation criteria may include: the Qualifications of the Bidders, whether or not the Bid Proposals comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Proposal form or prior to the Notice of Award. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the 12-2014 00200-7 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. A contract to be awarded to the Lowest Responsible Bidder may be let on either a lump sum basis or a unit cost basis dependent on the Bid Proposal format. Acceptance of any and all bids may be conditioned on compliance with the requirement for attendance of the mandatory pre-bid meeting. 16.4 In either case, Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid Proposal and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents, to Owner's satisfaction, within the Contract Time. 17. Contract Security 17.1 When the Successful Bidder delivers the executed Standard Form of Agreement to Owner, it must be accompanied by the Performance, Payment, Maintenance and Surface Correction Bonds required by the Contract Documents. Bonds may be on the forms provided herein or an equal form containing no substantive changes, as determined by Owner. 18. Signing of Agreement 18.1 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Standard Form of Agreement, and the required Performance and Payment Bond forms. Within ten (10) days thereafter Contractor shall sign and deliver the required number of counterparts of the Standard Form of Agreement to Owner with the required Bonds. Within ten (10) days thereafter, Owner shall deliver one fully signed counterpart to Contractor. There shall be no contract or agreement between Owner and the Successful Bidder until proper execution and attestation of the Standard Form of Agreement by authorized representatives of the Owner. 19. Pre-bid Conference 19.1 A pre-bid conference will be held as indicated in the Invitation to Bid. 20. Retainage 20.1 Provisions concerning retainage are set forth in the Contract Documents. END OF SECTION 12-2014 00200-8of8 City of Pearland WRF Chemical Containment Area Coating BID PROPOSAL Section 00300 PROPOSAL Part A Date: March 7,2017 Proposal of C3 Constructors LLC ,an individual-proprietorship/a corporation organized and existing under the laws of the State of Texas/a-pai'tnershipeonsisting of ,for the construction of: WRF Chemical Containment Area Coating City of Pearland,Texas PROPOSAL NO.: 0217-22 (Submitted in Electronic format) To: The Honorable Mayor and City Council of Pearland City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Pursuant to the published Invitation to Bidders, and Instructions to Bidders, the undersigned Bidder hereby proposes to perform all the work and furnish all necessary superintendence, labor, machinery, equipment, tools and materials, and whatever else may be necessary to complete all the work described in or reasonably inferable from the Contract Documents for the construction of the Chemical Containment Area Coating at the Barry Rose, Longwood and Southdown Water Reclamation Facilities (WRFs) with all related appurtenances, complete, tested, and operational, in accordance with the Plans and Specifications prepared by the Ardurra Group LLC, Houston, Texas for the unit prices or applicable prices set forth in Part B, the electronic proposal form as contained in the City's E-bid system,which, once fully executed and submitted shall constitute a legal and executable proposal from the Bidder. It is understood that, in the event any changes are ordered on any part of the Work, the applicable unit prices, if any, shall apply as additions to or deductions from the total prices for the parts of the Work so changed. The Bidder binds himself, upon acceptance of his proposal, to execute the Standard Form of Agreement and furnish an acceptable Performance and Payment Bond and Maintenance Bond if required - See Section - 00800 Special Conditions of Agreement, each in the amount of one hundred percent (100%) of the total Contract Price, according to the forms included in the Contract Documents, for performing and completing the said work within the time stated and for the prices stated in Part B of this proposal along with all required insurance in the required amounts. C'• Bidder's Initials: ckw 00300-fart A- 1 of 3 City of Pearland WRF Chemical Containment Area Coating BID PROPOSAL The undersigned Bidder agrees to commence work within 10 days of the date of a written Notice to Proceed. It is understood that the Work is to be Substantially Complete within ninety (90) calendar days after the date of the Notice to Proceed. Time for Substantial Completion shall begin on the date established by the Notice to Proceed. The Contractor will pay liquidated damages in the amount(s) specified in Document 00500 — Standard Form of Agreement, in the event the Work is not Substantially Complete within the Contract Time. The undersigned agrees that the amounts bid in this Bid Proposal will not be withdrawn or modified for ninety(90) calendar days following date of Proposal opening, or such longer period as may be agreed to in writing by the City of Pearland and Bidder. It is understood that in the event the Successful Bidder fails to enter into the Standard Form of Agreement and/or to furnish an acceptable Performance and Payment Bond, each in the amount of one hundred (100)percent of the Contract Price, along with all required insurance in the stated amounts within ten (10) days of the Notice of Award, the Successful Bidder will forfeit the Bid Security as provided in the Instructions to Bidders. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s). The Bidder acknowledges that the following Addenda have been received. The modifications to the Bidder Documents noted therein have been considered and all costs thereto are included in the Proposal prices. Addendum No.: 1 Date: 2/27/17 Addendum No.: Date: Addendum No.: Date: Addendum No.: Date: The undersigned, as a Bidder, declares that the only person or parties interested in this proposal as principals are those named herein; that this proposal is made,without collusion with any other person, firm, corporation; that he has carefully examined the form of contract, instructions to Bidders, profiles, grades, specifications, and the drawings therein referred to, and has carefully examined the locations, conditions and classes of materials of the proposed work. Bidder's Initials: CkW 00300-Part A-2 of 3 City of Pearland WRF Chemical Containment Area Coating BID PROPOSAL Proposal amounts shall be shown in both words and figures. In case of discrepancy the amount shown in words shall govern. Firm Name: C3 Constructors LLC By: Chris Wade Title: President Address: 502 W.Montgomery#515 Phone No: 936 223 2610 ATTEST: -V7C4 Jennifer Wade (Typed or Printed Name) (ALA„.._ Signature Date: March 7,2017 CPb\) • (Seal, if iddei.is-a Corporation) -7 - - END OF SECTION --- Bidder's Initials: ckw 00300-Part A-3 of 3 City of Pearland WRF Chemical Containment Area Coatin. BID PROPOSAL Section 00300 BID PROPOSAL PART B Project Name: WRF Chemical Containment Area Coating Contractor: C3 Constructors LLC Proposal No.: 0217-22 1. OWNER will award contract in accordance with Section 00200 Instructions to Bidders. 2. The prices shall include all labor, materials, removal, equipment, temporary measures, overhead,profit, insurance and incidentals required to complete the Work. 3. The Bidder agrees that extra work, if any,will be performed in accordance with Article 7 of the Conditions of the Contract and will be paid for in accordance with Article 6 of the Conditions of the Contract. 4. Explanation of Award Explanation of Award based on the Evaluation Criteria is included in Section 00200 Instructions to Bidders. The minimum award will include the TOTAL Base Bid less any alternates selected. It is the desire of the OWNER to award the base bid. However, project funds are limited and the OWNER reserves the right to choose any or all of the additive alternates and deductive alternate items,if any are listed in the E-bid Bid Form, and base the award on the package most beneficial to the OWNER. IT IS UNDERSTOOD that the City of Pearland will award the project based on the Total Proposal amount. The City of Pearland reserves the right to reject any or all proposals for any or all products and/or services covered in this proposal and/ or to waive informalities in such proposals. The City further reserves the right to accept any proposals deemed to be the Best Value to the City. 0/2-;. Bidder's Authorized Signature Bidder's Initials: ckw 00300-Part B- 1 of 2 Ais City of Pearland WRF Chemical Containment Area Coating BID PROPOSAL PK# Line Item St Quantity UOM Description Spec Reference Unit Price Total Amount PKHD 1 Base Bid Base Bid Coating of Containment Area Interiors with the Novolac Epoxy PKLN 1 1 Base Bid 2,500 SF Flexible Laminate System 09902 $18.90 $47,250.00 Coating of Containment Area Exteriors with the Acrylic Block PKLN 1 2 Base Bid 1,250 SF Filler and Acrylic Finish System 09902 $2.50 $3,125.00 Include ALL work at the Barry Rose WRF,except for the application of coatings,under this Bid Item including,but not limited to temporary chemical systems,demolishing existing chemical storage tanks,furnishing new storage tanks and piping, Contract $60,600.00 $60,600.00 PKLN 1 3 Base Bid 1 LSremoving and reinstalling wiring,conduit,electrical, Documents instrumentation and all other necessary items for a complete and properly operating sodium hypochlorite and sodium bisulfite systems as described in the Contract Documents. Include ALL work at the Longwood WRF,except for the application of coatings,under this Bid Item including,but not limited to temporary chemical systems,demolishing existing chemical storage tanks,furnishing new storage tanks and piping, Contract PKLN 1 4 Base Bid 1 removing and reinstalling wiring,conduit,electrical, Documents $60,600.00 $60,600.00 instrumentation and all other necessary items for a complete and properly operating sodium hypochlorite and sodium bisulfite systems as described in the Contract Documents. Include ALL work at the Southdown WRF,except for the application of coatings,under this Bid Item including,but not limited to temporary chemical systems,demolishing existing chemical storage tanks,furnishing new storage tanks and piping, Contract $15,925.00 $15,925.00 PKLN 1 5 Base Bid 1 LSremoving and reinstalling wiring,conduit,electrical, Documents instrumentation and all other necessary items for a complete and properly operating sodium hypochlorite system as described in the Contract Documents. Bidder's Initials: Ckw 00300-Part B-2 of 2 Aws CITY OF PEARLAND STANDARD FORM OF AGREEMENT Section 00500 STANDARD FORM OF AGREEMENT THIS AGREEMENT is by and between City of Pearland (hereinafter called OWNER or City) and C3 Constructors, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all work as specified or indicated in or reasonably inferable from the Contract Documents(hereinafter the"Work"). The Work is generally described as follows: Chemical Containment Area Coating at Barry Rose,Longwood and Southdown Water Reclamation Facilities City of Pearland, Texas COP PN: N/A BID NO.: 0217-22 Article 2. ENGINEER The Work has been designed by Ardurra Group, 2032 Buffalo Terrace, Houston, TX 77019 who is hereinafter called ENGINEER and who is to assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work will be Substantially Complete (as defined in Article 1 of the General Conditions) within one hundred twenty (120) days (including weekends and holidays) from the date when the Contract Time commences to run as provided in paragraph 5.01 of the General Conditions (as revised in the Special Conditions if applicable), and completed and ready for Final Payment within thirty(30) days from the date when the Contract Time commences to run. No work will be allowed on Sundays. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above,plus any extensions thereof allowed in accordance with Article 5 of the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty) CONTRACTOR shall pay OWNER one thousand dollars ($1,000.00) for each day that expires after the time specified in paragraph 3.1 for Substantial 4-2015 00500- 1 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT Completion until the Work is substantially complete. After Substantial Completion, C) if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time set out in the Certificate of Substantial Completion or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER one thousand dollars ($1,000.00) for each day that expires after the time specified in the Certificate of Substantial Completion for completion and readiness for Final Payment. 3.3 Inspection Time. Working hours for the Pearland Inspection personnel are from 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding City approved holidays. The Contractor shall notify the OWNER of any required inspection overtime work at least 48 hours in advance and shall pay the overtime wages for the required City inspections. Article 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work in strict accordance with the Contract Documents in current funds one hundred eighty seven thousand five hundred dollars ($187,500.00) (the "Contract Price"). The Contract Price includes the Base Bid as shown in Document 00300—Bid Proposal. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Section 6.0 "Measurement and Payment" of the General Conditions. Application for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER as provided below. All progress payments will be on the basis of the progress of the Work and actual quantity of Work completed, in accordance with Article 6 "Measurement and Payment"of the General Conditions. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage or actual quantity of Work complete, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions. The OWNER shall make payment within 30 days of receipt of application for payment by the ENGINEER. 5.1.2 Each progress payment shall be less retainage as specified in Paragraph 6.06 of the General Conditions, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood,however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may upon written recommendation of the ENGINEER pay a reasonable and equitable portion 4-2015 00500-2 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER's option,may be relieved of the obligation to fully complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment." 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 6.09 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 6.09. Article 6. INTEREST Interest on any overdue payment from OWNER to CONTRACTOR shall be paid in accordance with the provisions of Chapter 2251.025 of the Texas Government Code, as amended. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost,progress,performance,or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all available surveys, assessments, reports of explorations, investigations, and tests of subsurface conditions and drawings of physical conditions of the site. Such technical reports and drawings are not Contract Documents, and Owner makes no representations or warranties as to the accuracy of such documents or information, or to whether or not they are complete, comprehensive, or all-inclusive. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying)all such examinations,investigations,explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work, and CONTRACTOR assumes the risk of such subsurface and physical conditions, and shall furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests, reports, and studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, 4-2015 00500-3 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and finish the Work at the Contract Price,within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies in the Contract Documents of which Contractor knew or should have known, and CONTRACTOR shall perform the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including any written resolution of any such conflict, error or discrepancy by ENGINEER. In the event of a conflict that was not brought to the OWNER's or ENGINEER's attention prior to the bid, the CONTRACTOR is assumed to have bid the most expensive alternative. Article 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consist of the following, each of which are incorporated herein by reference: 8.1 Standard Form of Agreement(Section 00500). 8.2 Performance, Payment, and/or Maintenance Bonds (Sections 00610, 00611, and 00612). 8.3 General Conditions of Agreement (Section 00700), including Attachment No. 1 Workers' Compensation Insurance Coverage,Attachment No.2 Agreement for Final Payment and Contractor's Sworn Release, and Attachment No. 3 Owner's Insurance Requirements of Contractor. 8.4 Special Conditions of Agreement(Section 00800). 8.5 Plans, consisting of sheets numbered 1 through (see APPENDIX section of this document) inclusive with attachments with each sheet bearing the following general title: Al-Description of Work; A2-Containment Area Site Data Sheets; A3-Paint Quantity Worksheet 8.6 Instructions to Bidders and CONTRACTOR's Bid Proposal, including any Addenda referenced therein. 8.7 Technical Specifications for the Work. 8.8 The following, which may be delivered or issued after this Agreement becomes effective: Any Change Orders or other documents amending, modifying, or supplementing the Contract Documents in accordance with the General Conditions. 4-2015 00500-4 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended,modified or supplemented as provided in the General Conditions. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Section 1, "Definitions and Interpretations" of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from Substantial Completion against defects in materials and workmanship. CONTRACTOR agrees to repair or replace any defective work within this warranty period immediately unless such repairs require long lead time materials and equipment in which case CONTRACTOR shall provide an agreeable schedule for repairs at no additional cost to OWNER. 9.5 The Work will be completed according to the Contract Documents and in accordance with codes, ordinances, and construction standards of the City of Pearland, and all applicable laws, codes and regulations of governmental authorities. 9.6 In the event any notice period required under the Contract Documents is found to be shorter than any minimum period prescribed by applicable law, the notice period required shall be construed to be the minimum period prescribed by applicable law. 9.7 This Contract and the Contract Documents,insofar as they relate in any part or in any way to the Work undertaken therein, constitute the entire agreement between the parties hereto, and it is expressly understood and agreed that there are no agreements or promises by and between said parties, except as aforesaid, and that any additions thereto or changes shall be in writing. 9.8 The provisions of this Contract shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and the intent of the parties, but if for any reason any provision is unenforceable or invalid, such provisions shall 4-2015 00500-5 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT be deemed severed from this Contract and the remaining provisions shall be carried out with the same force and effect as if the severed provision had not been part of this Contract. 9.9 The headings of the paragraphs are included solely for the convenience of reference and if there is any conflict between the headings and the text of this Contract, the Contract text shall control. 9.10 The waiver of any breach hereof shall not constitute a waiver of any subsequent breach of the same or any other provision hereof. Failure by the OWNER in any instance to insist upon observance or performance by CONTRACTOR shall not be deemed a waiver by CONTRACTOR of any such observance or performance. No waiver will be binding upon OWNER unless in writing and then will be for the particular instance only. Payment of any sum by OWNER to CONTRACTOR with knowledge of any breach or default will not be deemed a waiver of such breach or default or any other breach or default. 9.11 The CONTRACTOR acknowledges that the OWNER(through its employee handbook) considers the following to be misconduct that is grounds for termination of an employee of the OWNER: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the OWNER. The CONTRACTOR agrees that it will not, directly or indirectly; cause an employee of the OWNER to engage in such misconduct. 9.12 The CONTRACTOR agrees to comply with Appendix A (attached) of the City of Pearland's Title VI Nondiscrimination Plan Assurances. 4-2015 00500-6 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and one to CONTRACTOR. This Agreement will be effective upon execution and attestation by authorized representatives the City of Pearland and upon the following date: AO l Z G , 201 OWNER: CONTRACTOR: CITY OF PE A C3 I.UNstrt,JOrS L'.L By: (N By: o..�..-- Title: Title: P f e s l d e,, Date: riz g /9 Date: Alit;k .... {Corporate•S01) ATTEST a-41/A1 ATTESTerAAAttifil Address for giving notices �.�QrrAF? Np�•,� So Z ki. M oN4�o M,er� St.,- Eezt ' 7`X /7 37S Phone: ! 3(a ZZ 3 Z44 O Fax: iv/4 Agent for service ofprocess: � 0,1Nr;$ Wtidt l z zq 1 ,Q of a IZ J i,J11 L;s TX. 773 74P END OF SECTION 4-2015 00500-7 of 7 Title VI Nondiscrimination Assurances APPENDIX A During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor') agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally-Assisted programs of the Department of Transportation (hereinafter, "DOT') Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sub-Recipient or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Sub-Recipient, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract,the Sub-Recipient shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the contractor under the contract until the contractor complies, and/or Ow- (b) cancellation, termination or suspension of the contract, in whole or in part. (91-\. (6) Incorporation of Provisions:The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Sub-Recipient or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sub-Recipient to enter into such litigation to protect the interests of the Sub-Recipient, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Bond#SUR40013767 CITY OF PEARLAND PERFORMANCE BOND rah Section 00610 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That C3 Constructors, LLC of the City of Willis , County of Montgomery , and State of Texas, as principal, and Ironshore Indemnity, Inc. authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of$187,500.00 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns,jointly and severally,by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the 26 day of- April , 2017 , (the "Contract") to commence and complete the construction of certain improvements described as follows:' Chemical Containment Area Coating at Barry Rose,Longwood and Southdown Water Reclamation Facilities City of Pearland,Texas COP PN: N/A BID NO.: 0217-22 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract Work and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and Contract Documents, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 12/2007 00610- 1 of 2 CITY OF PEARLAND PERFORMANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 1 day of May _ 2017 1 - Principal: Surety: C3 Constructors, LLC Ironshore Indemnity, Inc. By: @,LLL ByL r.0} 1:3-_-1 1'Lc Title: - - Title: ScottD.Chapman,Attorney-In-Fact Address: Address: ol ro�,f 502 W.Montgomery#515 25025 IH-45 N.Frwy.,Ste.525 'moo 9 - 1919 Willis,Texas 77378 The Woodlands,Texas 77380 Q, Telephone: (936)223-2610 Telephone: (832)482-4735 6jN/,,,, * ,,,000 Fax: N/A Fax: _(832)58570781 - NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 12/2007 00610-2 of 2 Bond#SUR40013767 CITY OF PEARLAND PAYMENT BOND e°'` Section 00611 PAYMENT BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That C3 Constructors, LLC = - of the City of.- _Wiuis County of Montgomery Texas, princi al and State of as p , and Ironshore Indemnity, Inc_ __ authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of$ 187,500.00 _ _ for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns,jointly and severally, by these presents: - WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the 26 day of April _ _ 2017 , (the "Contract") to commence and complete the construction of certain improvements described as follows: Chemical Containment Area Coating at Barry Rose,Longwood and Southdown Water Reclamation Facilities City of Pearland,Texas COP PN: N/A BID NO.: 0217-22 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor or material to him or a subcontractor in the prosecution of the Work provided for in said Contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 07/2006 00611 - 1 of 2 CITY OF PEARLAND PAYMENT BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 1 day of __ _ May _ ,2017 . Principal: Surety: C3 Constructors, LLC Ironshore Indemnity, Inc, By:__ INI.P`"" By: (9(cv'C _l ' U Title:. Pr.s;C)Q..n,T - Title: Scott D.Chapman,Attorney-In-Fact - „ "A"""I",,,, ot Address: Address: °�� e`QORgn j O� fir F. �� 502W. Montgomery#515 25025 IH-45 N. Frwy.,Ste.525 = Og s .W- Willis,Texas 77378 The Woodlands,Texas 77380 s Q' Telephone: (936)223-2610 Telephone: (832)482-4735 Fax: N/A Fax: (832)585-0781 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 07/2006 00611 -2 of 2 Bond#SUR40013767 CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND Section 00612 ONE-YEAR MAINTENANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That. C3 Constructors, LLC of the City of- wiilis__ ___. ;County of Montgomery , and State of Texas, as principal, and Ironshore Indemnity, Inc.. _ __ authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of$_187,500.00_ _ __ for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns,jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the 26 day of April , 20 17 , (the "Contract") to commence and complete the construction of certain improvements described as follows: Chemical Containment Area Coating at Barry Rose,Longwood and Southdown Water Reclamation Facilities City of Pearland,Texas COP PN: N/A BID NO.: 0217-22 which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully correct all such work not in accordance with the Contract Documents discovered within the one-year period from the date of substantial completion, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. 07/2006 00612-1 of 2 CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND (17' , IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument � this 1 day of May 20-17.--. ,i Principal: Surety: C3 Constructors, LLC Ironshore Indemnity, Inc. By: OWA /J ‘- - By: CA t 07 1 4!_. _l'//,r 17 Title: 1�j� reS;{�2, _ Title: Scott D.Chapman,Attorney-fri act Address: Address: 502 W. Montgomery#515 25025 IH-45 N. Frwy.,Ste.52 40 tO C+ Willis,Texas 77378 The Woodlands,Texas 7738 i9' 9 '�/NNES/ Telephone:- (936)223-2610 Telephone: (832)482-4735 o,,,�s m"nmiaom `\`` numnmimmo Fax: N/A Fax: (832)585-0781 `-' ) NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION • 07/2006 00612-2 of 2 POWER OF ATTORNEY III- Ironshore Indemnity Inc. KNOW ALL MEN BY THESE PRESENTS,that IRONSHORE INDEMNITY INC.,a Minnesota Corporation,with its principal office in New York,NY does hereby constitute and appoint:Scott D.Chapman,Misty Witt,Rosalyn Hassell,Elaine Lewis,Keith M.Illa,Timothy James Maley,Cheryl R.Colson its true and lawful Attorneys)-in-Fact to make,execute,seal,and deliver for,and on its behalf as surety,any and all bonds,undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of IRONSHORE INDEMNITY INC.on the 22nd day of April,2013 as follows: Resolved,that the Director of the Company is hereby authorized to appoint and empower any representative of the company or other person or persons as Attomey-In-Fact to execute on behalf of the Company any bonds,undertakings,policies,contracts of indemnity or other writings obligatory in nature of a bond not to exceed $2,500,000 dollars,which the Company might execute through its duly elected officers,and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company.Any Attorney-In-Fact,so appointed,may be removed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved,that the signature of the Director and the seal of the Company may be affixed by facsimile on any power of attorney granted,and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any bond of undertaking to which it is attached,continue to be valid and binding on the Company. IN WITNESS THEREOF,IRONSHORE INDEMNITY INC.has caused this instrument to be signed by its Director,and its Corporate Seal to be affixed this 7th day of August,2013 IRONSHORE INDEMNITY INC. ti <•Oo pPo/1� � - 4SEAL♦�^; ill C 1918 I Dane L.Suss •n ° Director ACKNOWLEDGEMENT On this 7th Day of August,2013,before me,personally came Daniel L.Sussman to me known,who being duly sworn,did depose and say that he is the Director of Ironshore Indemnity, Inc.,the corporation described in and which executed the above instrument;that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. PLNTAYLOR Nobry P,Nio-State oITennessee. ' Uavld on County My Co mmiseton Eap res07-8-19 BY_ :•'Amy Taylor Nota ;Public - CERTIFICATE I,the undersigned,Secretary of IRONSHORE INDEMNITY INC., a Minnesota Company, DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy,is in full force and effect a of been revoked and the resolutions as set forth are now in force. ``I`II0I11H11IIIIIIIIIryok* damn 4e,Signed and Sealed at this t Day of May ,20 » .�� f '�,, gomro • /•� `COVE 04* - 9�1 • 1g Q� Paul S.GI ono Secretary 5 "WARNING:Any person who knowingly and with intent to defraud any i Fe compA�,te ther person,files and application for insurance or statement of claim containing any materially false information, or conceals for the purpose o /Iul 1 I I ItII+ information concerning any fact material thereto, commits a fraudulent insurance act,which is a crime and subjects such person to criminal and civil penalties." IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Ironshore Indemnity, Inc. for information or to make a complaint at: Ironshore Indemnity, Inc. Attn: Claims Dept. 256 Jackson Meadows Drive, Suite 201 Hermitage, TN 37076 (615) 250-3040 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, Texas 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-048, Government Code, and Section 53.202, Property Code, effective September 1, 2001. C CITY OF PEARLAND PARTIAL WAIVER OF LIEN Section 00615 CN, PARTIAL WAIVER OF LIEN AND PAYMENT AFFIDAVIT The undersigned contracted with City of Pearland to furnish in connection with certain improvements to real property located in the City of Pearland, TX and owned by the City of Pearland which improvements are described as follows: In consideration of Pay Estimate No. in the amount of$ the undersigned, on oath, states that all persons and firms who supplied labor and materials to the undersigned in connection with said Project will be fully paid within 30 days of the date of this document by the undersigned for such work through In consideration of the payment herewith made,the undersigned does fully and finally release and hold harmless the City of Pearland and its surety, if any, through the above date from any and all claims, liens, or right to claim or lien, arising out of this Project under any applicable bond, law or statue. It is understood that this affidavit is submitted to induce payment of the above rib\ sum and for use by the City of Pearland in assuring the Owner and others that all liens and claims relating to the said Project furnished by the undersigned are paid. Signature Printed Name&Title Company Name State of County of Subscribed and sworn to, before me,this day of , 20 My Commission Expires: Notary Public • 5-12-12 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT TABLE OF CONTENTS Page No. 1.0 DEFINITIONS AND INTERPRETATIONS 1 1.01 Owner, Contractor and Engineer 1.02 Contract Documents 1.03 Subcontractor 1.04 Written Notice 1.05 Work 1.06 Extra Work 1.07 Work Day 1.07-1 Rain Day 1.07-2 Impact Day 1.08 Calendar Day 1.09 Substantially Completed 1.10 Interpretation of Words and Phrases 1.11 Referenced Standards 1.12 Contract Time 1.13 Construction Inspector 1.14 Balancing Change Order 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 4 2.01 No Warranty of Design ,ram. 2.02 Right of Entry 2.03 Ownership of Plans 10-2012 00700-i CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 2.04 Changes and Alterations 2.05 Damages 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 6 3.01 Owner-Engineer Relationship 3.02 Keeping of Plans and Specifications Accessible 3.03 Preliminary Approval 3.04 Inspection by Engineer 3.05 Determination of Questions and Disputes 3.06 Recommendation of Payment 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 8 4.01 Independent Contractor 4.02 Contractor's Understanding 4.03 Laws and Ordinances 4.04 Assignment and Subletting 4.05 Performance and Payment Bonds [and Maintenance Bond] 4.06 Insurance 4.07 Permits and Fees 4.08 Texas State Sales Tax 4.09 Contractor's Duty and Superintendence 4.10 Character of Workers 4.11 Labor, Equipment, Materials, Construction Plant and Buildings 4.12 Sanitation 4.13 Cleaning and Maintenance 4.14 Performance of Work 4.15 Right of Owner to Accelerate the Work 10-2012 00700-ii CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.16 Layout of Work 4.17 Shop Drawings 4.18 Engineer-Contractor Relationship; Observations 4.19 Observation and Testing 4.20 Defects and Their Remedies 4.21 Liability for Proper Performance 4.22 Protection Against Accident To Employees and the Public 4.23 Protection of Adjoining Property 4.24 Protection against Claims of Subcontractors,Laborers,Materialmen, and Furnishers of Equipment,Machinery and Supplies 4.25 Protection Against Royalties or Patented Invention 4.26 Indemnification 4.27 Losses From Natural Causes (11"6\ 4.28 Guarantee 5.0 PROSECUTION AND PROGRESS 18 5.01 Time and Order of Completion 5.02 Extension of Time 5.03 Hindrances and Delays 5.04 Suspension of Work 5.05 Liquidated Damages for Delay 5.06 Change of Contract Time 5.07 Delays Beyond Owner's and Contractor's Control 6.0 MEASUREMENT AND PAYMENT 21 6.01 Discrepancies and Omissions 6.02 Quantities and Measurements 10-2012 00700-iii CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.03 Estimated Quantities 6.04 Price of Work 6.05 Payments 6.06 Partial Payments 6.07 Use of Completed Portions &Punchlist 6.08 Substantial Completion 6.08-1 6.09 Final Payment 6.10 Correction of Work Before Final Payment 6.11 Correction of Work After Final Payment 6.12 Payments Withheld 6.13 Delayed Payments (11.1'\' 7.0 EXTRA WORK AND CLAIMS 27 7.01 Differing Site Conditions 7.02 Change Orders 7.03 Change Orders 7.04 Request for Work Approval for Work on Non-Work Days 7.05 Minor Changes 7.06 Extra Work 7.07 Time of Filing Claims 8.0 DEFAULT 30 8.01 Default by Contractor 8.02 Supplementation of Contractor Forces 8.03 Cumulative Remedies & Specific Performance 8.04 Cross-Default 10-2012 00700-iv CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8.05 Insolvency 8.06 Contingent Assignment 8.07 Waiver of Consequential Damages 8.08 Termination for Convenience 8.09 Default by Owner 9.0 DISPUTE RESOLUTION 35 ATTACHMENT NO. 1: WORKERS' COMPENSATION INSURANCE COVERAGE Al ATTACHMENT NO. 2: AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE B 1 ATTACHMENT NO. 3: OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR Cl 10-2012 00700-v CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 (61"*\ GENERAL CONDITIONS OF AGREEMENT 1.0 DEFINITIONS AND INTERPRETATIONS 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement. The term ENGINEER as used in these General Conditions shall refer to the Engineer or Architect identified in the Agreement, as applicable, and means a person authorized to act as a representative of the entity designated by the OWNER to provide professional services required in, connection with the preparation of plans and specifications of this Contract. The term CONSTRUCTION MANAGER as used in these General Conditions shall refer to the Construction Manager identified in the Agreement, as applicable, and means a person authorized to act as representative of the entity designated by the OWNER to provide professional services required in connection with the performance of the work of this Contract. The Owner's representative on the project site shall be the CONSTRUCTION MANAGER or ENGINEER as designated. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of all of the documents identified in Article 8 of the Standard Form of Agreement, which documents, excluding such documents as may be delivered or issued after the Effective Date of the Agreement, as referenced in Article 8, shall be bound together in a Project Manual for the Work. All references to the "Contract" or the "Agreement" in these General Conditions of Agreement (111'1h\ shall include the Contract Documents. The Contract Documents are complementary, and what is required by one shall be binding as if required by all. In the event of any conflict among the Contract Documents, the Contract Documents shall govern in the following order: (1) Modifications in writing and signed by both parties, including any Change Orders; (2) Standard Form of Agreement; (3) Special Conditions of Agreement; (4) General Conditions of Agreement, including Attachment No. 1 — Workers' Compensation Insurance Coverage, Attachment No. 2 — Agreement for Final Payment and CONTRACTOR'S Sworn Release, and Attachment No. 3 — Owner's Insurance Requirements of Contractor; (5) Addenda, if any; - (6) Plans and Specifications referenced or included in the Project Manual; (7) Instructions to Bidders; (8) Bid Proposal; and 10-2012 00700- 1 of36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (9) Exhibits: The following Exhibits, if any, attached hereto, are incorporated herein, and are a part of this Contract: In the event a conflict or inconsistency remains between or within the Contract Documents, or the Contract Documents and applicable standards, codes and ordinances, CONTRACTOR shall provide the greater quantity or better quality, or CONTRACTOR shall comply with the more stringent requirements, as determined by ENGINEER. Terms or phrases used in the Contract Documents with a well-known technical or construction industry meaning shall have such recognized meanings. References to standards, specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, shall mean the latest in effect on the effective date of the Contract, unless otherwise stated in the Contract Documents. 1 .03 SUBCONTRACTOR. The term "subcontractor", as employed herein, includes those entities having a contract with the CONTRACTOR or a subcontractor for performance of work on the Project. OWNER shall have no responsibility to any subcontractor for performance of work on the Project contemplated by these Contract Documents, and any such subcontractor shall look exclusively to CONTRACTOR for any payments due subcontractor. 1.04 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person or by electronic means through the Pro-Trak to the individual or to a partner of the partnership or joint venture, or to an officer of the corporation or company for whom it is intended, or if delivered at or sent by Certified Mail, Return Receipt Requested, to the last known business address or registered office of such individual, partnership,joint venture or corporation or company, or to the address for giving notices listed in the Standard Form of Agreement. 1.05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and all other facilities or services of any nature whatsoever necessary for the execution and completion of the Work described in the Standard Form of Agreement. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The CONTRACTOR shall, if required by the ENGINEER as representative of the OWNER, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well-known, technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials shall be furnished in strict conformity with the Contract Documents. 1.06 EXTRA WORK. The term "Extra Work", as used in this Contract, shall be understood to mean and include all work that may be required by the ENGINEER as representative of the OWNER, to be performed by the CONTRACTOR to accomplish any change, alteration or addition to the work shown in the plans. Extra work shall be authorized in writing by the ENGINEER prior to commencement. Extra Work items are paid for on an as needed, as authorized basis only. 1.07 WORK DAY: As used herein, a "Work Day" is defined as any Monday through Friday, not a legal holiday, and any Saturday or Sunday specifically approved by the OWNER, in which the CONTRACTOR can perform six or more hours of work per the current construction schedule. CONTRACTOR agrees to request specific approval from the Construction Manager or 10-2012 00700-2 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Owner, in advance, to perform work on Saturdays or Sundays and in so doing agrees to pay all charges and costs for Inspection and or Construction Management services required during the performance of any such approved work. Refer to paragraph 7.05 for procedure to determine cost for Construction Management and Inspection Services for work on non-work days. 1.07-1 RAIN DAY: As used herein, is defined as any WORK DAY during which weather related conditions prevent the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items as identified in the current construction schedule. CONTRACTOR shall record Rain Days on the Pay Application each month for the review and possible approval by the OWNER. The approved Rain Day is then added to the Contract Time. (See 1.12 Contract Time below) 1.07-2 IMPACT DAY: As used herein, is a day that is added to the CONTRACT TIME by the OWNER by Change Order to extend the Contract Time by one full Work Day. (See 1.12 Contract Time below) Impact Days, once approved by the OWNER, shall extend the Contract Time on a one-to-one basis to replace a Work Day lost to conditions that prevented the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items. Impact Days are added to the Contract Time by Change Order only at the end of the work and then only if, in the opinion of the OWNER, a time extension is warranted due to delays beyond the control of the Contractor and required to complete the work within the Contract Time. 1.08 CALENDAR DAY. A "calendar day" is any day of the week, month or year no days being excepted. Unless otherwise expressly provided, all references to "day(s)" shall mean calendar day(s). 1 .09 SUBSTANTIALLY COMPLETED: The terms "Substantially Completed",leted" or "Substantially Complete" or "Substantial Completion" as used in this Contract, shall mean that all major process components of the facility or work have been made suitable for use or occupancy, including appropriate documentation from the equipment suppliers that all of the individual components have been installed in accordance with the specifications and manufacturer's recommendations,the installations have been approved by the ENGINEER and the items have met the start-up and testing requirements of the contract documents or is deemed to be in a condition to serve its intended purpose or requires only minor miscellaneous work and adjustment to achieve Final Completion and Acceptance as determined by the ENGINEER. Upon compliance with the above referenced criteria, ENGINEER shall issue a Certificate of Substantial Completion. PARTIAL SUBSTANTIAL COMPLETION: designation will be given on components of the Work that must be placed into service prior to the completion of the entire Work. The contractor's One Year Warranty period for these items shall begin on the date of Partial Substantial Completion as designated by the ENGINEER. The ENGINEER shall determine and make all such designations. 1.10 INTERPRETATION OF WORDS AND PHRASES. Whenever the words "directed", "permitted", "designated", "required", "ordered", "considered necessary", "prescribed" or words of like import are used, it shall be understood that the direction, requirement,permission, order, opinion designation or prescription of the ENGINEER as the OWNER's representative is rb's intended. Similarly, the words "approved", "acceptable", "satisfactory" or words of like import shall mean that no exception is taken by ENGINEER, but does not relieve CONTRACTOR of responsibility for compliance with the Contract Documents. 10-2012 00700-3 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Whenever in the Specifications or Plans of the Contract Documents, the terms of description of various qualities relative to finish, workmanship or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the ENGINEER as the OWNER's representative, and said work shall be done in accordance with his interpretations of the meaning of the words,terms or clauses defining the character of the work. 1.11 REFERENCED STANDARDS. No provision of any referenced standard specification, or manual shall be effective to change the duties and responsibilities of the Owner, Engineer, Contractor, or their consultants, employees, or representatives from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer or its consultants, employees, or representatives any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibilities contrary to provisions of the Contract Documents. 1.12 CONTRACT TIME The term Contract Time as used herein, refers to the number of Calendar days provided to complete the work or the date, stated in the Agreement: (i)to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with Paragraph 6.09 and as modified as a result of any authorized Extensions. The established Contract Time includes 40 Rain Days per year, based on the average (00"`\ number of rain days per year for the period of June 1898 to December 1996 as recorded by the Alvin Weather Center Record. The Contract Time shall only be extended by (a) the addition of Rain Days equal to the number of actual Rain Days in excess of 40 days per year and (b) the number of Impact Days granted for delays, in the opinion of the Owner, beyond the control of the Contractor. The extension of the Contract Time shall be the CONTRACTOR's sole and exclusive remedy for delays. 1.13 CONSTRUCTION INSPECTOR The term "Construction Inspector" here in includes those professionals engaged by the OWNER to ensure CONTRACT work's compliance with the specifications and any applicable statutory requirements. 1.14 BALANCING CHANGE ORDER is a change order executed during the close-out process that may add/remove pay items, or adjust quantities of existing items or remove unused pay items or quantities Balancing Change Orders are used to reconcile the unit cost of the work performed or installed by the Contractor. 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 2.01 NO WARRANTY OF DESIGN. It is understood that the OWNER MAKES NO WARRANTY OF THE ADEQUACY, ACCURACY OR SUFFICIENCY OF THE PLANS AND SPECIFICATIONS OR ANY OTHER DESIGN DOCUMENTS, AND OWNER HEREBY EXPRESSLY DISCLAIMS ANY SUCH WARRANTY, EXPRESSED OR IMPLIED. Prior to commencing each portion of the Work, CONTRACTOR shall carefully study and compare the relevant Contract Documents, shall observe conditions at the site affecting the Work, and shall take field measurements of existing conditions related to the Work. Any errors, omissions or 10-2012 00700-4 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT inconsistencies in the Contract Documents noted by the CONTRACTOR, and/or any variance (/""\ between the Contract Documents and applicable codes, standards or ordinances, shall be promptly reported by CONTRACTOR to ENGINEER in writing as a Request for Information. Work performed prior to a Request for Information shall be at the Contractor's risk. If CONTRACTOR fails to perform its obligations under this paragraph, CONTRACTOR shall pay such costs and damages to OWNER as would have been avoided if CONTRACTOR had reported any errors, omissions, inconsistencies or variances in the Contract Documents noted by CONTRACTOR or which should have been noted by a careful study of the Contract Documents. CONTRACTOR shall comply with the Contract Documents, all approved modifications thereof and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the requirements of the Contract Documents and approved modifications thereof and all approved additions and alterations,thereto, as the same shall have been interpreted by the ENGINEER. 2.02 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on which the work herein contracted for is to be performed, constructed or installed, for itself or such agent or agents as it may select, for the purpose of inspecting the work, or for the purpose of performing, constructing or installing such collateral work as the OWNER may desire. The OWNER shall have the right to make inspections at all reasonable times, and the CONTRACTOR hereby waives any claims for extension of time and/or compensation for any loss or damage if his work shall be delayed by reason of such inspection, performance, construction or installation of collateral work. 2.03 OWNERSHIP OF PLANS. All plans, specifications and copies thereof furnished (`'111°'`, by the OWNER shall not be reused on other work and, with the exception of the sets forming the part of the signed Contract Documents, are to be returned to the OWNER on request at the completion of the Work. All plans and models are the property of the OWNER. 2.04 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the Owner may make such changes and alterations, additions and deletions as the OWNER may see fit, in the Work, including but not limited to changes in line, grade, form, dimensions, plans or specifications for the Work herein contemplated, or any part thereof, either before or after the beginning of construction, without affecting the validity of this Contract and the corresponding Performance and Payment Bonds. If such changes or alterations or deletions diminish the quantity or the value of the Work to be done, they shall not constitute the basis for a claim for compensation or damages, including lost or anticipated profits on the Work that may be affected. If the amount of Work is increased and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this Contract, otherwise, such additional work shall be paid for as provided under Article 7 hereof for Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any Work already done or material already furnished or used in said Work,then the OWNER shall compensate the CONTRACTOR for any material or labor so used and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the Work as originally planned. 2.05 DAMAGES. In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake or default of the CONTRACTOR, or should the 10-2012 00700-5 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR unreasonably delay the progress of the work being done by others on the job so rib\ as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 3.01 OWNER-ENGINEER RELATIONSHIP. The ENGINEER shall serve as the OWNER'S representative during construction. The duties, responsibilities and limitations on the authority of the ENGINEER as the OWNER's representative during construction are set forth in the Contract Documents; and the ENGINEER shall not have authority to extend the OWNER's liability or to bind the OWNER for any additional liability of any nature whatsoever without the written consent of the OWNER. Any communications by the OWNER to the CONTRACTOR regarding the Work shall be issued through the ENGINEER. It is the intent of this Agreement that there shall be no delay in the execution of the Work; therefore, written decisions or directions rendered by the ENGINEER as the OWNER's . representative shall be promptly carried out, and any claim arising therefrom shall be resolved as provided in Article 7. Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the OWNER'S representative shall have the authority to issue written stop work orders whenever such stoppage may be necessary to insure the performance of the Work in accordance with the Contract Documents. 3.02 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with four (4) copies of all Plans and Specifications ("b.\ without expense to the CONTRACTOR, and the CONTRACTOR shall keep one full size copy of the same constantly accessible on the job site, with the latest revisions noted thereon. The CONTRACTOR shall be responsible for preserving the Plans and Specifications, timely and accurately updated, for reference and review by the OWNER or the ENGINEER and submittal of redlines during closeout. 3.03 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the obligations imposed under this Contract for the furnishing by the CONTRACTOR of new material of good quality, and for good and workmanlike performance of the Work as herein described, and in full accordance with the Contract Documents, without alteration, deletion or change. No failure or omission of the OWNER'S representative to discover, object to or condemn any non-conforming or defective work or material, or to stop work, shall release the CONTRACTOR from the obligation to fully and properly perform the Contract, including without limitation, the obligation to at once remove and properly replace any defective work or material at any time prior to final acceptance, upon discovery of such non-conforming or defective work or material. Any questioned Work may be ordered taken up or removed for inspection by the ENGINEER prior to final acceptance, and if found not to be in accordance with the Contract Documents, all expense of removing, inspection and repair or replacement shall be borne by the CONTRACTOR; otherwise the expense thus incurred shall be allowed as Extra Work and shall be paid for by the OWNER, provided that where inspection or approval is specifically required by the Specifications rb\ prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior inspection or approval, he shall bear all expense of taking up, removing and replacing this work if so directed by the ENGINEER. 10-2012 00700-6 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (11r*\ 3.04 INSPECTION BY ENGINEER. The ENGINEER will make periodic visits to the site to observe the progress and quality of the executed Work and to determine if such Work generally meets the essential performance and design features and the technical, functional /or engineering requirements of the Contract Documents, and is in all other respects being performed in compliance with the Contract Documents. However, the ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on-site inspections to check the quality and/or quantity of the work, nor shall the ENGINEER be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident to the Work being performed or any part thereof. The ENGINEER shall use reasonable care to prevent deviation from the intent and substance of the Contract Documents by the CONTRACTOR in the performance of the Work and any part thereof and, on the basis of such on-site observations, will keep the OWNER informed of the progress of the work and will endeavor to guard the OWNER against defects and deficiencies in the Work of the CONTRACTOR. Notwithstanding any other provision of this Agreement or any other Contract Document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractors, agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the Work. 3.05 DETERMINATION OF QUESTIONS AND DISPUTES. In order to prevent delays and disputes and to discourage litigation, it is agreed that the ENGINEER shall, in all cases, determine the quantities and qualities of the several kinds of Work, which are to be paid for under this Contract. The ENGINEER shall address all questions in relation to said Work and the (1116.\ construction thereof, as well as all claims, disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the Work or the interpretation of the Contract Documents. In the event the ENGINEER shall become aware of or shall receive information that there is a dispute or a possible dispute as to the reasonable interpretation of the terms and conditions of the Contract Documents, or any other dispute or question, the ENGINEER shall, within a reasonable time, provide a written interpretation of the Contract Documents or a written decision on all questions arising relative to the execution of the Work, copies of which shall be delivered to all parties to the Contract. If the CONTRACTOR or OWNER desires to take exception to any directions, order, interpretation or instructions of the ENGINEER, CONTRACTOR or OWNER shall present any such claim to the ENGINEER in accordance with the provisions of Section 7.04. 3.06 RECOMMENDATION OF PAYMENT. The ENGINEER shall review the CONTRACTOR's application for payment and supporting documents, shall determine the amount owed to the CONTRACTOR and shall provide written recommendation to the OWNER for payment to the CONTRACTOR in such amount. Such recommendation of payment to CONTRACTOR shall constitute a representation to the OWNER of the ENGINEER's judgment that the work has progressed to the point indicated, to the best of his knowledge, information and belief; however, such recommendation of an application for payment to CONTRACTOR shall not be deemed an acceptance of any defective or non-conforming Work. Any recommendation of payment by the ENGINEER shall be subject to OWNER's rights to withhold payment under Section 6.11 and as otherwise provided in the Contract. 10-2012 00700-7 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR (11 4.01 INDEPENDENT CONTRACTOR. CONTRACTOR is, and shall remain, an independent contractor, solely responsible for the manner and method of completing the Work under this Contract, with full and exclusive power and authority to direct, supervise and control his own employees and to determine the means, method and manner of performing such Work, so long as such methods comply with the requirements of the Contract Documents, and do not adversely affect the completed improvements or any other property abutting or adjoining the Work area, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Plans, Specifications and Contract Documents. The fact that the OWNER or ENGINEER as the Owner's representative shall have the right to observe CONTRACTOR's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the OWNER and the ENGINEER hereunder, is not intended to and shall not at any time change or affect the status of the CONTRACTOR as an independent contractor with respect to either the OWNER or the ENGINEER as the OWNER's representative or to the CONTRACTOR's own employees or to any other person, firm or corporation. 4.02 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the Work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, the general and local conditions, including but not limited to weather, access, lay down and storage areas, and all other matters which in any way affect the Work under this Contract. It is further understood that the CONTRACTOR has satisfied himself as to the terms, meaning, intent and requirements of all of the Contract Documents, and applicable laws, codes, regulations and ordinances. CONTRACTOR hereby warrants and represents that it has taken into consideration all of the foregoing factors, and CONTRACTOR shall perform the Work for the Contract Price and within the Contract Time. No verbal agreement or conversation with any officer, agent or employee of the OWNER or the ENGINEER, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 4.03 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with all federal, state or local laws, codes, ordinances, permits and regulations, regardless of whether the same are adopted before or after the execution of this Contract, which in any manner affect the Contract or the work, and shall indemnify, save and hold harmless the OWNER and the ENGINEER against any claim arising out of the violation of any such laws, ordinances and regulations, whether by the CONTRACTOR or his agents, employees, subcontractors or vendors. If the CONTRACTOR observes that the Plans and Specifications are at variance with federal or state laws or codes or the ordinances or regulations of the City, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be made as provided in the Contract for changes in the work. If the CONTRACTOR performs any work knowing it to be contrary to such laws, codes, ordinances, rules or regulations, or if CONTRACTOR reasonably should have known of any such violation, and without such notice to the ENGINEER, CONTRACTOR shall bear all costs arising therefrom. The OWNER is a Political Subdivision of the State of Texas, and the law from which it derives its Cl"b\ powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the OWNER may enter into contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein. Neither the act 10-2012 00700-8 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT of OWNER entering into this Contract, nor OWNER's performance hereunder, shall constitute a waiver of any immunity from suit enjoyed by OWNER under applicable law, all such rights and defenses being hereby expressly reserved, notwithstanding any term or provision herein to the contrary. The Code of Ordinances and other applicable regulations of the OWNER shall be deemed to be embodied in this Contract. The prevailing wage rates applicable to this Project shall be either Document 00811 — Wage Scale for Engineering Construction, or Document 00813 —Wage Scale for Building Construction, or both, as out in the Project Manual. 4.04 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this Contract and that he will not assign, by power of attorney or otherwise, or sublet said Contract, or any rights, duties or obligations arising thereunder, in whole or in part, without the prior written consent of the OWNER, and that no part or feature of the Work will be sublet to anyone objectionable to the ENGINEER or the OWNER. In addition, the OWNER reserves the right to disapprove the subletting of this Contract or any portion hereof on any basis whatsoever. The CONTRACTOR further agrees that the subletting of any portion or feature of the Work or materials required in the performance of this Contract shall not relieve the CONTRACTOR from his obligations to the OWNER, as provided for by this Agreement. 4.05 PERFORMANCE, PAYMENT AND MAINTENANCE BONDS. In the event the Contract Price shall be in excess of $25,000.00, the CONTRACTOR shall execute separate Performance,Payment and Maintenance Bonds, each in the sum of one hundred percent(100%) of (11"k\ the Contract Price, and each in accordance with the provisions of Chapter 2253 of the Texas Government Code. If the Contract Price does not exceed $25,000.00, the statutory bonds will not be required. All required Bonds shall be payable to OWNER and on forms approved by the OWNER, and shall be executed by a corporate surety in accordance with Article 7.19-1 of the Texas Insurance Code. It is agreed that the Contract shall not be in effect until such original Performance, Payment and Maintenance Bonds are delivered to and approved by the OWNER. The cost of the premium for the Performance, Payment and Maintenance Bonds, should Maintenance Bonds be required, shall be included in the CONTRACTOR's Bid Proposal. All bonds shall be issued by Texas Department of Insurance approved surety companies. 4.06 INSURANCE. The CONTRACTOR, at his own expense, shall procure, maintain and keep in force throughout the duration of the Work, and throughout the Guarantee Period, insurance as specified in Attachment No. 1 hereto with regard to Workers' Compensation Insurance, and as specified in Attachment No. 3 hereto with regard to all other Insurance. Such _ insurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection with this Contract, whether performed by the CONTRACTOR or a subcontractor, or others for whom CONTRACTOR is responsible. 4.07 PERMITS AND FEES. Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for all permits, licenses, and inspections necessary for proper execution and completion of the Work, and which are legally required at the time bids are received. Permits required by the City of Pearland will be issued as a NO FEE permit. 4.08 TEXAS STATE SALES TAX. Materials incorporated into this project are exempt from State Sales according to provisions of the Texas Tax Code, Chapter 151, Subsection H. 10-2012 00700-9 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT The Contractor must obtain a limited sales, excise and use tax permit or exemption certificate which shall enable him to buy the materials to be incorporated into the Work without paying tax at due time of purchase. 4.09 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this Contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the ENGINEER as the OWNER'S representative. The superintendent shall represent the CONTRACTOR in his absence and shall act as the agent of the CONTRACTOR, and all directions given to him shall be binding as if given to the CONTRACTOR. Adequate supervision by competent and reasonable representatives of the CONTRACTOR is essential to the proper performance of the Work, and lack of such supervision shall be an act of default, and grounds for suspending operations of the CONTRACTOR. The Superintendent cannot be removed from the project without the consent of the Owner; the Superintendent must speak and understand the English language; the Superintendent must be on site when any work on the project is being done, even when a subcontractor is performing the work. The Work, from its commencement to completion, shall be under the exclusive charge and control of the CONTRACTOR, and all risk in connection therewith shall be borne by the CONTRACTOR. Neither the OWNER nor the ENGINEER as the OWNER's representative will be responsible for the acts or omissions of the CONTRACTOR, its subcontractors or any of its agents or employees, ("6\ or any other persons performing any of the Work. 4.10 CHARACTER OF WORKERS. The CONTRACTOR agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this Contract,to do the Work, and agrees that whenever the ENGINEER shall inform him in writing that any worker or workers on the Work are, in his opinion, incompetent, unfaithful or disorderly, or in the ENGINEER's opinion, are not using their best efforts for the progress of the Work, such worker or workers shall be discharged from the Work and shall not again be employed on the Work without the ENGINEER's written consent. OWNER reserves the right to bar any person, subcontractor, or supplier found to be incompetent, unfaithful, disorderly, or not using their best efforts to progress work or considered to be a threat to the health, safety and welfare to the project or workforce. 4.11 LABOR, EQUIPMENT, MATERIALS, CONSTRUCTION PLANT, AND BUILDINGS. The CONTRACTOR shall provide all labor, services, tools, equipment, machinery, supplies, facilities, utilities and materials necessary in the prosecution and completion of this Contract where it is not otherwise specifically provided that the OWNER shall furnish same; and further, the CONTRACTOR shall be responsible for the care, preservation, conservation and protection of all materials, supplies, machinery, equipment,tools, apparatus, accessories,facilities, all means of construction and any and all parts of the Work, whether the CONTRACTOR has been paid, partially paid or not paid for such Work, until the entire Work is completed and accepted. The building or placement of structures for housing workers or offices, or the erection of tents or other forms of protection, will be permitted only with the ENGINEER's written permission, and at 10-2012 00700- 10 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. Any structures of any nature constructed, placed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection, placement or construction thereof; and the CONTRACTOR agrees to indemnify and hold the ENGINEER or OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, placement, construction or maintenance of CONTRACTOR's buildings or structures. 4.12 SANITATION. Necessary sanitary conveniences for the use of laborers and others on the Work site, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. Any structures of any nature constructed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection or construction thereof, and the CONTRACTOR agrees to indemnify and hold the ENGINEER and OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, construction or maintenance of CONTRACTOR's buildings. 4.13 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep and maintain the premises free from accumulation of debris, trash and waste. The CONTRACTOR shall remove waste, debris and trash at the end of each work day. CONTRACTOR shall remove all such debris, trash and waste, tools, scaffolding and surplus materials, and shall leave the Work broom-clean or its equivalent, upon completion of the Work. The Work shall be left in good order and condition. In case of dispute, the OWNER may remove the debris,trash, waste and surplus materials, and charge the cost to the CONTRACTOR. 4.14 PERFORMANCE OF WORK. It is further agreed that it is the intent of this Contract that all Work must be done and all material must be furnished in accordance with the generally accepted practice for such materials furnished or work completed, unless otherwise provided in the Contract Documents. 4.15 RIGHT OF OWNER TO ACCELERATE THE WORK. If at any time the methods or equipment used by the CONTRACTOR, or the work force supplied are found to be inadequate to achieve the progress required to Substantially Complete the Work within the Contract Time, the OWNER or the ENGINEER as the OWNER's representative, may order the CONTRACTOR in writing to supplement its forces and/or equipment, or work shifts or overtime, or otherwise improve its efficiency and rate of progress to achieve Substantial Completion of the Work within the Contract Time, and the CONTRACTOR shall comply with such order, at its own cost and expense. 4.16 LAYOUT OF WORK. Except as specifically provided herein, the CONTRACTOR shall be responsible for laying out work by means of construction surveying and shall accomplish this work in a manner acceptable to the ENGINEER and in conformance with the Contract Documents. 4.17 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in his own Work or in that of any other contractor, six (6) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules 10-2012 00700- 11 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT required for the'work of the various trades. Contractor will check and approve shop drawings for compliance with requirements of Contract Documents and will so certify by stamp on each drawing prior to submittal to ENGINEER. Any drawings submitted without Contractor's stamp of approval will not be considered and will be returned to him for proper submission. The ENGINEER shall pass upon them with reasonable promptness, indicating desired corrections. The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two (2) corrected copies and furnish such other copies as may be needed. The ENGINEER's approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from the Contract Documents, unless he has, in writing, called the ENGINEER's attention to such deviations at the time of the submission, and the ENGINEER has acknowledged and accepted such deviations in writing, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required Contract Work in accordance with the Contract Documents, and within the Contract Time. Such review by the ENGINEER shall be for the sole purpose of determining the apparent sufficiency of said drawings or schedules to result in finished improvements in conformity with the Contract Documents, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR's performance hereunder, and any action taken by the ENGINEER shall not relieve the CONTRACTOR of his responsibility and liability to comply with the Contract Documents. OWNER, CONSTRUCTION MANAGER, ENGINEER, and CONTRACTOR shall make all submittals, review comments, notes, corrections, schedules and updates, testing results, payment applications, instructions and other communications by means of the OWNER'S Pro-Trak. The OWNER, ENGINEER and CONTRACTOR shall each retain such hard copies form this system as are required for their specific record keeping requirements. No documents shall be removed from this system or destroyed except those being replaced by the systems protocols as a latest version document. All requirements for written communications, submittals, comments, instructions or other documents processed by means of this system shall have the same legal or time sensitive status as if they had been hand delivered in hard copy to their intended addressee. 4.18 ENGINEER-CONTRACTOR RELATIONSHIP; OBSERVATIONS. It is agreed by the CONTRACTOR that the ENGINEER, as the OWNER's representative, shall be and is hereby authorized to appoint such subordinate engineers, representatives or observers as the said ENGINEER may from time to time deem proper to observe the materials furnished and the Work done under this Agreement. The CONTRACTOR shall furnish all reasonable aid and assistance required by the subordinate engineers, representatives or observers for the proper observation and examination of the work. The CONTRACTOR shall regard and obey the directions and instructions of any subordinate engineers, representatives or observers so appointed, when(""N, directions and instructions are consistent with the obligations of this Agreement and the Contract Documents, provided, however, should the CONTRACTOR object to any orders by any 10-2012 00700-12 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT subordinate engineer, representative or observer, the CONTRACTOR may, within three (3) days, (1^, make written appeal to the ENGINEER for his decision. 4.19 OBSERVATION AND TESTING. The OWNER or the ENGINEER as the OWNER's representative shall have the right at all reasonable times to observe, inspect and test the Work. The CONTRACTOR shall make all necessary arrangements and provide proper facilities and access for such observation, inspection and testing at any location wherever Work is in preparation or progress. The CONTRACTOR shall ascertain the scope of any observation, inspection or testing which may be contemplated by the OWNER or the ENGINEER and shall give ample notice as to the time each part of the Work will be ready for such observation, inspection or testing. The OWNER or the ENGINEER may reject any Work found to be defective or not in accordance with the Contract Documents, regardless of the stage of its completion or the time or place of discovery of such deficiencies, and regardless of whether the ENGINEER has previously accepted the Work through oversight or otherwise. If any Work is covered without' approval or consent of the OWNER, it must, if requested by the OWNER or the ENGINEER, be uncovered for examination, at the sole expense of the CONTRACTOR. In the event that any part of the Work is being fabricated or manufactured at a location where it is not convenient for the OWNER or the ENGINEER to make observations of such Work or require testing of said Work, then in such event, the OWNER or the ENGINEER may require the CONTRACTOR to furnish the OWNER or the ENGINEER with certificates of inspection, testing or approval made by independent persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the Contract Documents. (11.6.\ • If any Work, which is required to be inspected, tested or approved, is covered up without written approval or consent of the OWNER or the ENGINEER, it must, if requested by the OWNER or the ENGINEER, be uncovered for observation and testing, at the sole expense of the CONTRACTOR. The cost of all such inspections, tests and approvals shall be borne by the CONTRACTOR unless otherwise provided herein. Any Work which fails to meet the requirements of such tests, inspections or approval, and any Work which meets the requirements of any such tests or approval but does not meet the requirements of the Contract Documents shall be considered defective. Such defective Work and any other work affected thereby shall be corrected at the CONTRACTOR'S expense. Neither observations by the OWNER or by the ENGINEER, nor inspections, certifications, tests or approvals made by the OWNER, the ENGINEER or other persons authorized under this Agreement to make such inspections, tests or approvals, shall relieve the CONTRACTOR from his obligation to perform the Work in accordance with the requirements of the Contract Documents. 4.20 DEFECTS AND THEIR REMEDIES. It is further agreed that if the Work or any part thereof or any material brought on the site of the Work for use in the Work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the Contract Documents, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, forthwith remove such material and rebuild or otherwise remedy such Work so that it shall be in full accordance with this Contract, It is further agreed that any such remedial action contemplated herein shall be at CONTRACTOR's expense. 10-2012 00700-13 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.21 LIABILITY FOR PROPER PERFORMANCE. Engineering construction drawings and specifications, as well as any additional instructions and information concerning the Work to be performed, passing from or through the ENGINEER, shall not be interpreted as requiring or allowing the CONTRACTOR to deviate from the Contract Documents, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to Work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable and contractually bound, at his own expense, for design, construction, installation and use or non-use of all items and methods incident to the performance of the Contract, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, similar items or devices used by him during construction, and work performed either directly or incident to construction, and for all loss, damage or injury incident thereto, either to person or property, whether such damage be suffered by the ENGINEER,the OWNER or any other person not a party to this Contract. Any review of Work in progress or any visit or observation during construction, or any clarification of Contract Documents by the ENGINEER or OWNER, or any agent, employee or representative of either of them, whether through personal observation on the Project site or by means of approval of shop drawings for construction or construction processes, or by other means or methods, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of Work completed or being performed, as measured against the Contract Documents, or for the purpose of enabling the CONTRACTOR to more fully understand the Contract Documents so that the completed construction Work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for proper performance of his Work on the Project, including, without limitation, the propriety of means and methods of the CONTRACTOR (111111'h in performing said Contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Any action by the ENGINEER or the OWNER in visiting or observing during construction, or any clarification of Contract Documents shall not constitute a waiver of CONTRACTOR'S liability for damages as herein set out. Deviation by the CONTRACTOR from Contract Documents, whether called to the CONTRACTOR's attention or not, shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said Contract Documents, and further shall not relieve CONTRACTOR of his liability for loss, damage or injury as herein set out. 4.22 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR shall be solely responsible for the safety of himself, his employees and persons entering the project site, as well as for the protection of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. The CONTRACTOR shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the Work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded, as a minimum, in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The CONTRACTOR shall (1.1\ provide all necessary machinery guards, safe walkways, ladders, bridges, gangplanks, barricades, fences,traffic control, warning signs and other safety devices. 10-2012 00700- 14 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT No alcoholic beverages, non-prescription drugs, or unsafe practices shall be allowed on the Work site. CONTRACTOR shall dismiss anyone participating in any of the above from the Work site for the duration of the Project. Only prescription drug uses with a doctor's authorization to perform construction activities shall be allowed on the Work site. Violation of this provision is a default under the Contract. The use, possession, sale, transfer, purchase or being under the influence of alcohol, drugs or any other illegal or unlawful substance by CONTRACTOR or CONTRACTOR's employees, or CONTRACTOR's subcontractors and employees at any time at the Work site or while on company business is prohibited. CONTRACTOR shall institute and enforce appropriate drug testing guidelines and program. All accidents or injuries to CONTRACTOR's employees working on the job site must be reported verbally and in writing to the ENGINEER immediately, and within no more than eight(8)hours. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, in his sole discretion as an independent contractor. Inclusion of this paragraph in the Agreement, as well as any notice which may be given by the OWNER or the ENGINEER as the OWNER's representative concerning omissions under thus paragraph as the Work progresses, are intended as reminders to the CONTRACTOR of his duty and shall not be construed as any assumption of duty by ENGINEER, or OWNER's representative to supervise safety precautions by either the CONTRACTOR or any of his subcontractors. 4.23 PROTECTION OF ADJOINING PROPERTY. The CONTRACTOR shall employ proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent or adjoining property. THE CONTRACTOR AGREES TO INDEMNIFY, DEFEND, SAVE AND HOLD HARMLESS THE CONSTRUCTION MANAGER, OWNER AND ENGINEER AGAINST ANY CLAIM OR CLAIMS FOR DAMAGES, LOSS, COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, DUE TO ANY INJURY TO ANY ADJACENT OR ADJOINING PROPERTY, ARISING OR GROWING OUT OF THE PERFORMANCE OF THE CONTRACT, REGARDLESS OF WHETHER OR NOT SUCH DAMAGE, LOSS, COST OR EXPENSE IS CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER AND/OR ENGINEER. 4.24 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. THE CONTRACTOR AGREES THAT HE WILL PROMPTLY PAY WHEN DUE, AND WILL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ALL CLAIMS GROWING OUT OF THE DEMANDS OF SUBCONTRACTORS, LABORERS, WORKERS, MECHANICS, MATERIALMEN AND FURNISHERS OF MACHINERY AND PARTS THEREOF, EQUIPMENT, POWER TOOLS AND ALL SUPPLIES, INCLUDING COMMISSARY, INCURRED IN THE FURTHERANCE OF THE PERFORMANCE OF THIS CONTRACT. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or (11111 waived. If the CONTRACTOR fails to do so, then the OWNER may, at the option of the OWNER, either pay directly any unpaid bills of which the OWNER has written notice, or withhold from the CONTRACTOR's unpaid compensation a sum of money deemed reasonably 10-2012 00700- 15 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT sufficient to liquidate any and all such claims until satisfactory evidence is furnished that all 7\' liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this Contract. Any and all communications between any parties under this paragraph shall be in writing. Nothing contained in this paragraph or this Agreement shall create, establish or impose any relationship, contractual or otherwise, between OWNER and any subcontractor, laborer or supplier of CONTRACTOR, nor shall it create, establish or impose any duty upon OWNER to pay or to see to the payment of any subcontractor, laborer or supplier of CONTRACTOR. 4.25 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR shall pay all royalties and license fees and shall provide for the use of any design, device, material or process covered by letters patent or copyright, by suitable legal agreement with the patentee or owner thereof THE CONTRACTOR SHALL DEFEND ALL SUITS OR CLAIMS FOR INFRINGEMENT OF ANY PATENT OR COPYRIGHT AND SHALL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF, EXCEPT SUCH SUITS AND CLAIMS ARISING OUT OF A PARTICULAR DESIGN, DEVICE, MATERIAL OR PROCESS OR THE PRODUCT OF A PARTICULAR MANUFACTURER OR MANUFACTURERS SPECIFIED OR REQUIRED BY THE OWNER; PROVIDED, HOWEVER, IF CHOICE OF ALTERNATE DESIGN, DEVICE, MATERIAL OR PROCESS IS ALLOWED TO THE CONTRACTOR, OR IF CONTRACTOR KNEW OR SHOULD HAVE KNOWN OF THE PATENT OR COPYRIGHT AND FAILED TO PROMPTLY NOTIFY OWNER IN WRITING, (111°6' THEN THE CONTRACTOR SHALL INDEMNIFY, DEFEND, SAVE AND HOLD THE OWNER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF. 4.26 INDEMNIFICATION. THE CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE ENGINEER AND THE OWNER HARMLESS FROM ANY CLAIMS OR DEMANDS OF ANY NATURE WHATSOEVER MADE BY ANY EMPLOYEE, EMPLOYEES, AGENTS OR SUBCONTRACTORS OF CONTRACTOR, OR BY ANY UNION, TRADE ASSOCIATION, WORKER'S ASSOCIATION OR OTHER GROUPS, ASSOCIATIONS OR INDIVIDUALS, ALLEGEDLY REPRESENTING EMPLOYEES OF THE CONTRACTOR, IN ANY DISPUTE BETWEEN THE CONTRACTOR AND HIS EMPLOYEES, DIRECTLY OR INDIRECTLY INVOLVING, GROWING OUT OF OR ARISING FROM CLAIMS BY SUCH EMPLOYEES FOR WAGES, SALARY, COMPENSATION, BENEFITS, WORKING CONDITIONS OR ANY OTHER SIMILAR COMPLAINT OR CLAIM WHICH MAY BE MADE. THE CONTRACTOR, HIS SURETIES AND INSURANCE CARRIERS SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER AND THE ENGINEER AND THEIR RESPECTIVE OFFICERS, REPRESENTATIVES, AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, CLAIMS, LOSSES, DEMANDS, SUITS, LIABILITIES, JUDGMENTS AND COSTS OF ANY CHARACTER WHATSOEVER, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, AND SHALL BE REQUIRED TO PAY ANY JUDGMENT THEREFOR, WITH COSTS, WHICH MAY BE OBTAINED AGAINST THE OWNER AND/OR THE ENGINEER OR ANY OF THEIR OFFICERS, REPRESENTATIVES, AGENTS OR EMPLOYEES, ARISING OUT OF OR RESULTING FROM OR ALLEGEDLY ARISING OUT OF OR RESULTING FROM THE PERFORMANCE 10-2012 00700- 16 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT OF THE WORK, PROVIDED THAT ANY SUCH DAMAGES, CLAIM, LOSS, DEMAND, SUIT, LIABILITY, JUDGMENT, COST OR EXPENSE: (A) ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN PART, OR ALLEGEDLY ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN PART, ANY BREACH OF THIS AGREEMENT OR BREACH OF WARRANTY BY CONTRACTOR; OR (B) IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE OR DEATH OR INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY, INCLUDING THE LOSS OF USE RESULTING THEREFROM; AND IS CAUSED IN WHOLE OR IN PART OR IS ALLEGEDLY CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF THE CONTRACTOR, ANY SUBCONTRACTOR, THEIR AGENTS OR EMPLOYEES OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY ONE OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT IT IS CAUSED IN PART OR ALLEGEDLY CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER, ENGINEER AND/OR A PARTY INDEMNIFIED CPlb.\ Notwithstanding the foregoing or anything in the Agreement to the contrary, in accordance with the provisions of Section 130.002 of the Texas Civil Practice and Remedies Code, CONTRACTOR shall not be obligated to indemnify or hold harmless the ENGINEER, his agents, servants or employees, from liability for damage that is caused by or results from defects in plans, designs or specifications prepared, approved or used by the ENGINEER, or negligence of the ENGINEER in the rendition or conduct of professional duties called for or arising out of any construction contract and the plans, designs or specifications that are a part of the construction contract, and arises from personal injury or death, property injury, or any other expense that arises from personal injury, death, or property injury. This indemnity agreement is a continuing obligation, and shall survive notwithstanding completion of the Work, Final Payment, expiration of the warranty period, termination of the Contract, and abandonment or takeover of the Work. CONTRACTOR's indemnification obligations hereunder shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or a subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts, and shall not be limited by any limitation on amounts or coverage of insurance provided or to be provided under this Contract. 4.27 LOSSES FROM NATURAL CAUSES. All loss, cost, expense or damage to the CONTRACTOR arising out of the nature of the Work to be done or from any unforeseen ,may circumstances in the prosecution of the same, or from the action of the elements, or from unusual obstructions or difficulties which may be encountered in the prosecution of the Work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 10-2012 00700- 17 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.28 GUARANTEE. The CONTRACTOR hereby guarantees all the Work under the Contract to be free from defects or deficiencies in material in every particular and free from defects or deficiencies in workmanship; and against unusual damage from proper and usual use; and agrees to replace or to re-execute without cost to the OWNER such Work as may be found to be defective, deficient or otherwise not in conformance with the Contract Documents, and to make good all damages caused to other work or material, due to such defective Work or due to its required replacement or re-execution. This guarantee shall cover a period of one year from the date of Substantial Completion or Partial Substantial Completion of Work under the Contract, as evidenced by the Certificate of Substantial Completion. Neither the Certificate of Substantial Completion, Final Payment, nor any provision in the Contract Documents shall relieve the CONTRACTOR of the responsibility for defective, deficient or non-conforming material or workmanship during the period covered by the guarantee. The one-year period of guarantee will not limit the OWNER'S other rights under common law with respect to any defects, deficiencies or non-conforming Work discovered after one year. If this one-year guarantee conflicts with other warranties or guarantees, the longer period of warranty or guarantee will govern. 5.0 PROSECUTION AND PROGRESS 5.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his Work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the Work shall be Substantially Completed as a whole and in part, in accordance with this Contract and the Contract Time; provided, also, that when the OWNER is having other work done, either by contract or by his own forces, the ENGINEER may direct the time and manner of constructing the Work done under this Contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized, and the CONTRACTOR shall fully cooperate and coordinate its Work with OWNER or such other contractors. The CONTRACTOR shall submit, an updated schedule with every pay estimate for review by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the Work, with dates on which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. Such schedules shall show completion of the Work within the Contract Time, and/or shall show such recovery efforts as CONTRACTOR intends to undertake in the event Substantial Completion of the Work is delayed. 5.02 EXTENSION OF TIME. The CONTRACTOR agrees that he has submitted his Bid Proposal in full recognition of the time required for the completion of this Project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions as hereinafter set forth, and that he shall not be entitled to, nor will he request, an extension of time on this Contract, except when Substantial Completion of the Work has been delayed solely by strikes, lockouts, fires, Acts of God, or by any other cause which the ENGINEER shall decide justifies the delay. The CONTRACTOR shall give the ENGINEER prompt notice, in writing and within three (3) days of the start of any such delay, of the cause of any such delay, and its estimated effect on the Work and the schedule for completion of the Work. Upon receipt of a written request for an extension of the Contract Time from the CONTRACTOR, supported by relevant and all requested documentation, the 10-2012 00700- 18 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ENGINEER shall submit such written request, together with his written recommendation, to the OWNER for consideration. If the delay is not attributable in whole or in part to any act or omission of CONTRACTOR, its subcontractors or suppliers, and if the OWNER determines that CONTRACTOR is entitled to an extension of time under the terms of the Contract, the OWNER shall grant an extension of time for Substantial Completion of the Work, sufficient to compensate for the delay, and such extension of time shall be CONTRACTOR's sole and exclusive remedy, except as may be otherwise provided herein. No extensions of Contract Time shall be made for delays occurring prior to the Contractor's mobilization as defined in Section 01505 MOBILIZATION. The Contract Time as defined in the Bid Proposal and other sections herein incorporates 40 Rain Days per calendar year or an average of 3.33 days per calendar month. The CONTRACTOR is required to keep record of all weather related delays and to submit the monthly count on each Pay Application. The Owner's Representative shall review and sign off on this record as a part of the Pay Application approval process every month. If, during preparation of the Balancing Change Order, the status of the work progress requires an extension of the Contract Time, Impact Days shall be added to the Completion Date equal to the total number of Weather or Impact Days approved less the original 40 days resident in the original Contract Time. The Addition of Weather or Impact Days will only alter the Contract Time when added by Change Order. If the Work is completed prior to the Completion Date, No Days will be added. The addition of Weather or Impact Days shall be the CONTRACTOR's sole remedy for delays to the completion of the Work and their addition to the Contract Time shall not affect the Contract Price through any "per diem" adjustment to the General Conditions costs, Temporary Facilities costs or any other costs associated with the extension of the Contract Time. , 5.03 HINDRANCES AND DELAYS. In executing the Contract, the CONTRACTOR agrees that in undertaking to complete the Work within the time herein fixed, he has taken into consideration and made allowances for all interference, disruption, hindrances and delays incident to such Work, whether growing out of delays in securing material, workmen or otherwise. No claim shall be made by the CONTRACTOR for damages, loss, costs or expense resulting from interference, disruption, hindrances or delays from any cause during the progress of any portion of the Work embraced in this Contract, except where the Work is stopped or suspended by order of the OWNER's representative and such stoppage or suspension is not attributable to any act or omission of CONTRACTOR. 5.04 SUSPENSION OF WORK. OWNER may, without cause, order the CONTRACTOR in writing to suspend the Work, in whole or in part, for such period of time as OWNER may request. The Contract Price and/or Contract Time shall be adjusted for any increase • in the cost of or the time required for performance of the Work caused by such suspension. No adjustment shall be made to the extent performance was or would have been suspended by a cause for which CONTRACTOR is responsible, or to the extent an adjustment is made or denied under another provision of the Contract Documents. 5.05 LIQUIDATED DAMAGES FOR DELAY: It is understood and agreed that time is of the essence, and that the CONTRACTOR will commence the Work on the date specified herein or in any Notice to Proceed, and will Substantially Complete the Work within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the Substantial Completion of the Work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The CONTRACTOR further 10-2012 00700- 19 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT agrees that a failure to complete on time will cause damage to the OWNER and that such damages cannot be accurately measured or that ascertainment will be difficult. Therefore, the parties agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the Contract Time, the CONTRACTOR shall pay, as liquidated damages and as a reasonable estimate of OWNER's damages, and not as a penalty,the amount set out in the Standard Form of Agreement. However, the foregoing agreement as to liquidated damages constitutes only an agreement by the OWNER and the CONTRACTOR as to the amount of damages which the OWNER will sustain by reason of the CONTRACTOR'S failure to complete the work within the Contract Time. Should the OWNER suffer damage by reason of any other breach by CONTRACTOR, the OWNER may recover such actual damages in addition to any liquidated damages due. The OWNER shall have the right to deduct and withhold the amount of any and all such damages whether it be the minimum amount stipulated above or otherwise, from any monies owing by it to said CONTRACTOR, or the OWNER may recover such amount from the CONTRACTOR and the sureties of his bond; all of such remedies shall be cumulative and the OWNER shall not be required to elect any one nor be deemed to have made an election by proceeding to enforce any one remedy. 5.06 CHANGE OF CONTRACT TIME: The Contract Time may only be changed by a Change Order. Any claim for an adjustment of Contract Time shall be based on written notice delivered by the party making such claim to the other party and to the ENGINEER promptly, but in no event later than ten (10) days after the event-giving rise to the claim. Notice of the extent of the claim, along with supporting data, shall be delivered within thirty (30) days of the occurrence and shall be accompanied by the claimant's written representation that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in Contract Time shall be determined by the ENGINEER in accordance with the requirements of this paragraph. Contractor shall submit, as a minimum, the following data: A. Information showing that the time requested is not included in the existing Contract and in addition to the Contract. B. Information documenting that the number of days requested is accurate for the event. C. Revised, current construction schedule showing that the time requested affects the project's critical path. 5.07 DELAYS BEYOND OWNER'S AND CONTRACTOR'S CONTROL: Where CONTRACTOR is prevented from completing any part of the Work within the Contract Time due to delays beyond the control of the OWNER and the CONTRACTOR, including, but not limited to, interference by utility owners or other contractors performing other work, Contractor shall be entitled to an extension of the Contract Time in an amount equal to the time lost. CONTRACTOR shall not be entitled to any increase in Contract Price as a result of such delays. IN NO EVENT SHALL OWNER BE LIABLE TO CONTRACTOR FOR DAMAGES ARISING OUT OF OR RESULTING FROM (i) Delays caused by, or within the control of, the CONTRACTOR, or (ii) Delays beyond the control of both parties including, but not limited to, interference by utility (111.1"\, owners or other contractors performing other work, fires, floods, epidemics, abnormal weather conditions, acts of God, even if such delays are due in part to the negligence, other fault, breach of contract or warranty, violation of the Texas Deceptive Trade Act, or strict liability without regard 10-2012 00700-20 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT to fault of OWNER. An extension of Contract time shall be CONTRACTOR's sole and exclusive (11.1.\ remedy for any such delays. Delays attributed to, and within the control of, a Subcontractor or Supplier shall be deemed to be delays within the control of the CONTRACTOR. 6.0 MEASUREMENT AND PAYMENT 6.01 DISCREPANCIES AND OMISSIONS. If the CONTRACTOR knows or reasonably should have known of any discrepancies or omissions in the Contract Documents, he shall notify the ENGINEER and obtain a clarification by Addendum before the bids are received, and if no such request is received by the ENGINEER prior to the opening of bids, then it shall be considered that the CONTRACTOR fully understands the Work to be performed and has provided sufficient sums in his Bid Proposal to complete the Work in accordance with the Contract Documents. It is further understood that any request for clarification must be submitted no later than five (5) days prior to the opening of bids. 6.02 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, volume, number and weight only shall be considered,unless otherwise specifically provided. 6.03 ESTIMATED QUANTITIES. This Agreement, including the Contract Documents, and including any estimates contained therein, is intended to convey all Work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of Work to be done and material to be furnished under this Contract, they are approximate and are to be used only as a basis for estimating the probable cost of the Work and for comparing the Bid Proposals offered for the Work. It is understood and agreed that the actual amount of Work to be done and the materials to be furnished under this Contract may differ from the estimates and that the items listed or estimated quantities stated, and/or any difference between estimated and actual Work, shall not give rise to a claim by the CONTRACTOR against the OWNER for loss, cost, expense, damages, unit price adjustment, quantity differences, unrecovered overhead or lost or anticipated profits, or other compensation. 6.04 PRICE OF WORK. It is agreed that it is the intent of this Contract that all Work described in the Bid Proposal, and Contract Documents, is to be done for the prices bid by the CONTRACTOR and that such prices shall include all appurtenances necessary to complete the Work in accordance with the intent of these Contract Documents as interpreted by the ENGINEER, and all costs, expenses, bond and insurance premiums, taxes, overhead, and profit. In consideration of the furnishing of all the necessary labor, equipment and material and the completion of all Work by the CONTRACTOR, and upon the completion of all Work and the delivery of all materials embraced in this Contract in full conformity with the Contract Documents, the OWNER agrees to pay to the CONTRACTOR the prices set forth in the Standard Form of Agreement, OWNER and CONTRACTOR agree that the Contract is a unit cost agreement, unless stated otherwise, and that the final Contract amount is equal to the unit cost multiplied by the number of units authorized, installed and approved by the Owner. CI1N, The OWNER does not assume any obligation to pay for any services or material not actually authorized and used. The CONTRACTOR hereby agrees to receive such prices as payment in full for furnishing all materials and all labor required for the aforesaid Work, and for 10-2012 00700-21 of36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT all expenses incurred by him, and for full performance of the Work and the whole thereof in the 7\, manner and according to this Agreement, Contract Documents, and the requirements of the ENGINEER. 6.05 PAYMENTS. No payments made or approvals or certificates given shall be considered as conclusive evidence of the performance of the Contract, either in whole or in part, nor shall any certificate, approval or payment be considered as acceptance of defective, deficient or non-conforming Work. CONTRACTOR shall, at any time requested during the progress of the Work, furnish the OWNER or the ENGINEER with an affidavit showing the CONTRACTOR's total outstanding indebtedness in connection with the Work. Before Final Payment is made, the CONTRACTOR shall satisfy the OWNER, by affidavit or otherwise, that there are no unpaid claims due subcontractors, suppliers or laborers by reason of any Work under the Contract. Acceptance by CONTRACTOR of Final Payment shall constitute a waiver of any and all claims of whatsoever nature against OWNER, arising out of or related to the Contract, or the Work, or any acts or omissions of OWNER or ENGINEER, which have not theretofore been timely filed as provided in this Contract. 6.06 PARTIAL PAYMENTS. When the Contract Price is a lump sum amount,prior to the first Application for Payment, CONTRACTOR shall submit to ENGINEER for review and approval a Schedule of Values, which shall fairly allocate the entire Contract Price among the various portions of the Work and shall be prepared in such form and supported by such data to substantiate its accuracy as the ENGINEER may reasonably require. The Schedule of Values shall follow the trade divisions of the Specifications so far as practicable. Upon approval, this Schedule of Values shall be used by ENGINEER as the basis for reviewing the Contractor's Application for Payment. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. On or before the tenth day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER, for approval or correction, an application for partial payment, being a statement showing as completely as practicable, the agreed unit quantities and extended total value of the Work done by the CONTRACTOR up to and including the twenty-fifth day of the preceding month; said statement shall also include the value of all conforming materials to be fabricated into the Work and stored in accordance with manufacturer's recommendations and as approved by the OWNER or ENGINEER at the Work site only. No payment will be made for materials stored until OWNER has approved in writing storage at the Work site. The ENGINEER shall then review such statement of unit quantities and application for partial payment and the progress of the Work made by the CONTRACTOR and, within ten days after the date ENGINEER receives CONTRACTOR's application for payment, if the application is found to be accurate and correct and the WORK conforming to the requirements of the Contract Documents, the ENGINEER shall certify the application for partial payment and shall deliver his preliminary certification for payment to the OWNER and the CONTRACTOR; or, if the ENGINEER finds that CONTRACTOR's application for payment contains an error or is otherwise disputed, he shall notify CONTRACTOR of such error or dispute, and shall prepare a preliminary certificate for partial payment for the undisputed amount of the application for payment due CONTRACTOR, and deliver it to the OWNER and CONTRACTOR. ENGINEER'S notice to CONTRACTOR that a bona fide dispute for payment exists shall include a list of the specific reasons for nonpayment. All payment applications made by CONTRACTOR and delivered to ENGINEER and all verifications and certification of such applications shall be made and transmitted within the Pro- Trak system and signed with the appropriate electronic signatures as provided for in the software. 10-2012 00700-22 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Such applications for payment shall not be considered complete unless accompanied by the CONTRACTOR'S Partial Waiver of Lien and Payment Affidavit, Section 00615, duly executed by an authorized representative of the CONTRACTOR and reflecting the correct corresponding amount of the payment application. The OWNER shall then pay the CONTRACTOR, within thirty (30) days of the date of ENGINEER's receipt of the application for payment, the undisputed balance due, less applicable retainage, and further less all previous payments and all further sums that may be retained or withheld by the OWNER under the terms of this Agreement. CONTRACTOR may submit a corrected application for payment after its receipt of the ENGINEER's notice of error or dispute, and such corrected application for payment shall be reviewed by the ENGINEER and disputed or paid under the same procedure and within the same time limits set out above. As a condition of any progress payment under this Agreement, CONTRACTOR shall execute and deliver to ENGINEER and OWNER a full release of all claims, direct or indirect, at law or in equity, arising out of or related to the Work to date, excluding retainage or any claims previously submitted as required under the terms of the Contract, and specifically identified and excluded by CONTRACTOR in the release. OWNER shall be entitled to retain from each progress payment five percent (5%) of the amount thereof. Such retainage shall be retained until Final Completion and satisfaction of all conditions for Final Payment. It is understood, however, that in case the whole Work be near to completion, as certified by the ENGINEER, and some unexpected or unusual delay occurs, through no neglect or fault on the part of the CONTRACTOR, the OWNER may, upon written recommendation of the ENGINEER, pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR, at the OWNER'S option, may be relieved of the obligation to fully complete the Work, and thereupon, the CONTRACTOR shall receive, at the OWNER'S option, payment of the balance due him under the Contract for Work completed in accordance with the Contract Documents, subject to OWNER's rights to otherwise withhold or retain payments, and subject to the conditions set forth under"6.08 FINAL PAYMENT." The Owner at its option and in compliance with Texas law may reduce retainage to less than the above-stated percentages. 6.07 USE OF COMPLETED PORTIONS & PUNCHLIST. The OWNER shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding that the time for completing the entire work or such portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the Work, the CONTRACTOR shall promptly and within three (3) days of OWNER's taking possession, give OWNER written notice of same, and CONTRACTOR may be entitled to such extra compensation or extension of time, or both, as may be determined in accordance with the provisions of this Agreement. 6.08 SUBSTANTIAL COMPLETION. The CONTRACTOR shall notify the OWNER AND ENGINEER, by letter executed by a duly qualified officer of CONTRACTOR, that in CONTRACTOR's opinion, the Work of the Contract, or an agreed portion thereof, is (11111 . "Substantially Complete". Such notification shall include a list of all outstanding or incomplete items. Upon receipt, and within a reasonable time thereafter, of such notice, the ENGINEER and the CONTRACTOR shall jointly perform a walk-through and inspection of the Work to determine 10-2012 00700-23 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT the status of all or the identified portion of the work, and the ENGINEER shall prepare a detailed CP \! list of unfinished, incomplete, defective and/or non-conforming Work ("Punchlist"). If the ENGINEER determines that the Work is Substantially Complete in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR a Certificate of Substantial Completion. OWNER shall have seven (7) days after receipt of Certificate to make written objection to the ENGINEER as to any provision of the Certificate or the attached list of non-conforming work. If ENGINEER concludes that the Work is not Substantially Complete, ENGINEER will, within fourteen (14) days, notify CONTRACTOR of the reason he believes the Work is not Substantially Complete. Upon Substantial Completion of the Work, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities, pending final payment and acceptance, with respect to security, maintenance, utilities and damage to the Work, except as otherwise provided in the Certificate of Substantial Completion. NEITHER THE SUBSTANTIAL COMPLETION OF THE WORK, NOR THE OMISSION OF AN ITEM FROM THE PUNCHLIST, SHALL EXCUSE THE CONTRACTOR FROM PERFORMING ALL OF THE WORK UNDERTAKEN, WHETHER OF A MINOR OR MAJOR NATURE, AND THEREBY COMPLETING THE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. The Certificate of Substantial Completion shall establish the time period within which CONTRACTOR shall complete the Work for Final Acceptance by the Owner and ENGINEER. 6.08-1 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, for security requirement reasons. OWNER may establish an access procedure to facilitate CONTRACTOR's uninterrupted access to the Work for the purposes of completing and correcting all items on the Punchlist in an expeditious manner. 6.09 FINAL PAYMENT. Final a ment of the Retaina a withheld from the Contract Y g Price shall be made by the OWNER to the CONTRACTOR at such time as: (a) the Work, including all Change Orders and including all Punchlist work, has been fully completed in strict accordance with the Contract Documents; (b) the Contract has been fully performed except for the CONTRACTOR's responsibility to correct nonconforming Work during the warranty period set forth in the Contract Documents, and to satisfy other requirements, if any, which necessarily survive final payment; (c) CONTRACTOR delivers to OWNER a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days prior written notice has been given to OWNER; (d) CONTRACTOR delivers to OWNER a Consent of Surety, if any,to final payment; (e) CONTRACTOR delivers to OWNER a complete set of As-Built Drawings, reflecting all deviations from the Plans, Specifications and approved shop drawings in the Work actually constructed, and delivers all maintenance and operating manuals and/or instructions; 10-2012 00700-24 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (f) CONTRACTOR delivers to OWNER all building certificates required prior to occupancy and all other required inspections/approvals/acceptances by city, county, state governmental entities or other authorities having jurisdiction; (g) CONTRACTOR delivers to OWNER assignments of all guarantees and warranties from subcontractors, vendors, suppliers or manufacturers, as well as names, addresses and telephone numbers of contacts for each subcontractor,vendor, supplier or manufacturer; (h) CONTRACTOR removes all equipment,tools,temporary facilities, surplus materials and rubbish from the site, and final cleans the site to OWNER's satisfaction; (i) CONTRACTOR delivers to OWNER a Full and Final Release and Affidavit of Bills Paid in the form attached hereto as Attachment No. 2, executed by CONTRACTOR; (j) CONTRACTOR delivers to OWNER all other documentation required to be submitted to OWNER pursuant to the Contract Documents, including but not limited to any special guarantees or warranties, operation and maintenance manuals, etc'. in each case in a form satisfactory to OWNER as determined in OWNER's sole discretion; and (k) the Final Application for Payment has been approved by the ENGINEER and COWNER. Acceptance of Final Payment by the CONTRACTOR shall constitute a waiver of all claims by CONTRACTOR against OWNER other than any claims previously made in writing by CONTRACTOR against OWNER, and still unsettled, and except for claims arising out of third party actions, cross-claims and counterclaims. No interest shall be due or payable by OWNER to CONTRACTOR on any sums retained or withheld by OWNER pursuant to the terms or provisions of the Contract Documents, except as otherwise provided by applicable law. Neither the Certificate of Substantial Completion nor the Final Payment nor possession or acceptance of the Work shall relieve the.CONTRACTOR of its obligation for correction of defective or non- conforming Work, or for fulfillment of any warranty, which may be required by law or by the Contract Documents. 6.10 CORRECTION OF WORK BEFORE FINAL PAYMENT. The CONTRACTOR shall promptly remove from OWNER's premises all materials, equipment or Work which is defective or otherwise not in conformance with the Contract Documents, whether actually _ incorporated in the Work or not, and CONTRACTOR shall, at his own expense, promptly replace such materials, equipment or Work with other materials conforming to the requirements of the Contract. The CONTRACTOR shall also bear the expense of restoring all work of CONTRACTOR or other contractors damaged by any such removal or replacement. If CONTRACTOR does not remove and replace any such unsuitable Work within ten (10) business days after receipt of a written notice from the OWNER or the ENGINEER, the OWNER may (11.16"\, remove,replace and remedy such work at CONTRACTOR's expense. 10-2012 00700-25 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.11 CORRECTION OF WORK AFTER FINAL PAYMENT. If within one (1) year from the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR shall, at its sole cost, correct it and any other work affected thereby promptly after receipt of a written notice from OWNER to do so. In addition, CONTRACTOR shall be responsible for any damage to building contents, when such damage results from the CONTRACTOR's use of faulty materials or defective workmanship; to the extent such damage is not covered by OWNER's insurance. This warranty period shall renew and recommence for each corrected item of Work upon completion of the remedial work. This time period for correction by CONTRACTOR is in addition to, and not in lieu of, all warranties or remedies, which exist at common law or by statute. These warranty obligations shall survive the termination of this Contract, and shall be enforceable by a decree of specific performance, in addition to such other rights and remedies available to OWNER at law or in equity. 6.12 PAYMENTS WITHHELD. The OWNER may withhold, or on account of subsequently discovered evidence nullify and demand immediate repayment of, the whole or part of any certificate for payment or payment, to such extent as may be necessary to protect OWNER from loss on account of: (a) Defective or non-conforming Work not remedied; (b) Claims filed or reasonable evidence indicating probable filing of claims; (c) Failure of the CONTRACTOR to make payments promptly to subcontractors or for material or labor; (d) Damage to another contractor, OWNER, existing improvements on the site, or to adjacent or adjoining property; (e) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract amount; (f) Reasonable indication that the Work will not be completed within the Contract Time; (g) Failure on the part of the CONTRACTOR to execute any and all documents, releases or other documents presented to the CONTRACTOR for execution, as provided for herein or otherwise; (h) Liquidated or other damages due to late completion; and/or (i) Any breach by CONTRACTOR of this Contract or any other agreement between OWNER and CONTRACTOR. When the above grounds are removed to OWNER's satisfaction,the withheld payment shall be made promptly. If the said causes are not so remedied, OWNER may remedy the same for CONTRACTOR's account, charge the entire cost thereof to CONTRACTOR and deduct such cost 10-2012 00700-26 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT from the Contract Sum or from any payments due or to become due under any other agreement between OWNER and CONTRACTOR. 6.13 DELAYED PAYMENTS. Should the OWNER fail to make payment to the CONTRACTOR when payment is due in accordance with the terms of the Contract Documents, any interest due CONTRACTOR for late payments shall accrue and be paid in accordance with the provisions of Chapter 2251 of the Texas Government Code, as amended, and payment of such interest shall fully liquidate and compensate any injury to the CONTRACTOR growing out of such delay in payment. Should OWNER fail to pay CONTRACTOR an undisputed amount due within the time limits provided in the Contract or applicable law, CONTRACTOR shall give the notice required and comply with the provisions of Section 2251.051 of the Texas Government Code, and shall thereupon be entitled to the rights and remedies provided therein. 7.0 EXTRA WORK AND CLAIMS 7.01 DIFFERING SITE CONDITIONS. During the progress of the work, if subsurface, latent physical conditions or unknown physical conditions of an unusual nature are encountered at the site that differ materially from those indicated in the contract or from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, the CONTRACTOR shall notify the OWNER's Representative in writing within three (3) calendar days of the specific differing conditions before the site is disturbed and before the affected work is performed. Climk\ (a) Upon written notification,the ENGINEER will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The ENGINEER will notify the CONTRACTOR in writing of the determination whether or not an adjustment of the contract is warranted. (b)No contract adjustment which results in a benefit to the CONTRACTOR will be allowed unless the CONTRACTOR has provided the required written notice. (c)No contract adjustment will be allowed under this clause for any effects caused on unchanged work. 7.02 SUSPENSIONS OF WORK ORDERED BY THE ENGINEER. If the performance of all or any portion of the work is suspended by the ENGINEER in writing for seven (7) calendar days and the CONTRACTOR believes that additional compensation and/or contract time is due as a result of such suspension,the CONTRACTOR shall submit a written request for adjustment to the ENGINEER within seven (7) calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. (a)Upon receipt,the ENGINEER will evaluate the CONTRACTOR's request. If the ENGINEER agrees that the cost and/or time required for the performance of the contract (1111b.\ has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the CONTRACTOR, its suppliers, or subcontractors at any approved tier, and not caused by weather, the ENGINEER will make 10-2012 00700-27 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT an adjustment(excluding profit) and modify the contract in writing accordingly. The CONTRACTOR will be notified of the ENGINEER's determination, in writing, whether or not an adjustment of the contract is warranted. (b)No contract adjustment will be allowed unless the CONTRACTOR has submitted the request for adjustment within the time prescribed. (c)No contract adjustment will be allowed under this clause to the extent that performance would have been suspended by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. 7.03 CHANGE ORDERS. Without invalidating this Agreement,the OWNER may, at any time or from time to time, order additions, deletions or revisions to the Work; such changes will be authorized by Change Order to be prepared by the ENGINEER for execution by the OWNER and the CONTRACTOR. The Change Order shall set forth the basis for any change in Contract Price, as hereinafter set forth for Extra Work, and any change in Contract Time, which may result from the change. 7.04 In accordance with paragraph 1.07 CONTRACTOR'S request to work weekends, the Owner's Construction Manager shall, upon receipt of written notice by the CONTRACTOR of the need to conduct work on otherwise non-Work Days,prepare a cost estimate for providing Construction Management and Inspection services during the requested period and submit this to both OWNER and CONTRACTOR. If approved by both parties the Construction Manager shall 7\, prepare a Deductive Change Order in the amount stated in the estimate for the signature of the CONTRACTOR and the OWNER for inclusion in the next Pay Application. The Deductive Change Order must be signed and executed by both the OWNER and CONTRACTOR prior to start of work on any non-Work Day. 7.05 MINOR CHANGES. The ENGINEER may authorize minor changes in the Work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price or time. If the CONTRACTOR believes that any minor changes authorized by the ENGINEER involves Extra Work or entitles him to an increase in the Contract Price or the Contract Time, the CONTRACTOR shall give notice of same by written request to the ENGINEER for a written Work Order, with a copy to OWNER. Any such notice and request by the CONTRACTOR shall be given prior to beginning the changed work. CONTRACTOR's commencement of any minor change in the Work prior to such written notice and request shall constitute a waiver of any and all claims for an increase in the Contract Price or the Contract Time arising-out of or related to such changed work. 7.06 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all work when presented with a written Change Order, Work Change Directive or Work Order signed by the ENGINEER, subject, however, to the right of the CONTRACTOR to require written confirmation of such Change Order, Work Change Directive or Work Order by the OWNER. It is agreed that the basis of compensation or adjustment to the CONTRACTOR for work either altered, added or deleted by a Change Order or Work Change Directive, or for which a claim for Ciga\, Extra Work is made, shall be determined by one or more of the following methods: Method (A) --By Contract unit prices applicable to the work, if any; or 10-2012 00700-28 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Method (B) --By agreed unit prices or agreed stipulated lump sum price; or Method (C) --If neither Method (A) nor Method (B) can be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "Actual Field Cost" of the work plus: a) For subcontractors performing work mark-up shall be limited to fifteen percent, ten (10%) for the subcontractor plus five (5%) for the General Contractor or b)For the General Contractor alone, self-performing the extra work, without subcontractor, the mark-up shall not exceed ten percent (10%), as full and final compensation for the Extra Work and all costs and expenses, direct or indirect, arising out of or related thereto. In the event said Extra Work or Change Order or Work Change Directive work is performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "Actual Field Cost" is hereby defined as the cost to the CONTRACTOR of all workers, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals of machinery and equipment, for the time actually employed or used on such Extra Work or Change Order or Work Change Directive work, plus actual transportation charges necessarily incurred together with all power, fuel, lubricants, water and similar operating expenses, plus all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation, and all other insurance as may be required by law or ordinance, or the Contract Documents,plus all payments to subcontractors for such work. The ENGINEER may direct the form in which accounts of the "Actual Field Cost" shall be kept and the records of these accounts shall be made available to the ENGINEER. The ENGINEER or OWNER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America where practicable. The mark-up of the "Actual Field Cost" to be paid to the CONTRACTOR, shall cover and compensate him for his profit, overhead, and all other elements of cost and expense not embraced within the "Actual Field Cost" as herein defined, save that where the CONTRACTOR's field office must be maintained solely on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "Actual Field Cost." No claim for Extra Work of any kind will be allowed unless ordered by the ENGINEER in a written Work Order. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the Contract Time, he shall make written request to the ENGINEER for a written Work Order authorizing such Extra Work within ten (10) days of ENGINEER's orders or instructions, otherwise the orders or instructions will be considered minor changes. The issuance 10-2012 00700-29 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT of a Work Order by the ENGINEER shall not constitute or be construed as an agreement or acknowledgement by the ENGINEER that the work which is the subject of the Work Order is Extra Work outside the scope of the Contract Work, but shall merely constitute a direction to the CONTRACTOR to perform the work, and the CONTRACTOR shall proceed with the work, and shall keep an accurate account of the "Actual Field Cost" thereof, as provided under Method (C). Upon completion of the alleged Extra Work, the CONTRACTOR shall promptly and within ten (10) days submit his claim to the ENGINEER by proper certification and attestation, on forms provided by the ENGINEER. The ENGINEER shall render a written decision on CONTRACTOR's claim within ten (10) days. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time, shall be final and conclusive and binding upon the parties. If the ENGINEER shall fail to respond in writing to CONTRACTOR's claim within thirty (30) days of the date of submission, or if CONTRACTOR shall dispute or object to ENGINEER's decision on any claim, and CONTRACTOR fails to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0, within sixty(60) days after the date of submission to the ENGINEER, or such longer period as the parties may agree to in writing, the CONTRACTOR shall lose and forfeit his right to make such claim for Extra Work at any later date, and all such claims held by the CONTRACTOR shall be deemed waived, forfeited and forever barred. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 7.07 TIME OF FILING CLAIMS. Except as otherwise provided herein, all questions of dispute or adjustment shall be made within the Pro-Trak system and filed with the ENGINEER within three (3) days after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty (30) days to such written exceptions, and render his final decision in writing. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time, shall be final and conclusive and binding upon the parties. In case the CONTRACTOR should desire to appeal from the ENGINEER's decision, the CONTRACTOR may request a meeting between representatives of the OWNER and the CONTRACTOR for the purposes of appealing the ENGINEER's decision directly to the OWNER, such meeting to occur within ten (10) days after the date of the CONTRACTOR's request, or such longer period as may be agreed to by the parties in writing. If the CONTRACTOR shall still be aggrieved after a meeting with the OWNER and/or his representative, the CONTRACTOR shall have sixty (60) days after the date of the meeting, or such longer period as the parties may agree to in writing, to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0. In the event the CONTRACTOR shall fail, for any reason,to timely file a Request for Mediation,the OWNER shall be released of any and all liability, and the CONTRACTOR's failure to timely file a Request for Mediation shall constitute a waiver, forfeit and final bar of all such claims held by the CONTRACTOR against the OWNER. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. (111.1.\: 10-2012 00700-30 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8.0 DEFAULT 8.01 DEFAULT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume Work within five (5) days after written notification from the OWNER or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER when such orders are consistent with the Contract Documents, or if the CONTRACTOR otherwise defaults on its obligations under the Contract, OWNER shall have the right, if it so elects and without prejudice to any other rights it may have, after giving five (5) days written notice of default to CONTRACTOR and any surety, to terminate the Contract or any part thereof and/or to take over or cause others to take over the Work or any part thereof, and to complete such Work for the account of CONTRACTOR. Where Performance and Payment Bonds exist, the sureties on these bonds shall be directed to complete the Work in conjunction with the notice of default, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of default, the CONTRACTOR shall promptly and within no more than three (3) days, remove from the Work any machinery, equipment, or tools then on the job, not intended for incorporation into the Work. Should CONTRACTOR fail to promptly remove such machinery, equipment or tools, OWNER may remove such machinery, equipment or tools and store same at CONTRACTOR's expense; return such machinery, equipment or tools to their purported owner; or otherwise dispose of such machinery, equipment or tools as OWNER sees fit. Any materials, supplies and/or equipment delivered for use in the Work, may be used in the completion of the Work by the OWNER or the surety on the Performance Bond, or another C"'") contractor in completion of the Work; it being understood that the use of such equipment, supplies and materials will ultimately reduce the cost to complete the Work and be reflected in the final settlement. Where there is no Performance Bond or in case the surety should fail to commence compliance with the notice for completion hereinabove provided for within ten (10) days after the service of such notice, then the OWNER may provide for completion of the Work in either of the following elective manners: (a) The OWNER may thereupon employ such force of workers and use such machinery, equipment, tools, materials and supplies as the OWNER may deem necessary to expeditiously complete the Work, and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall be credited with the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by such CONTRACTOR, then the CONTRACTOR and/or his surety shall promptly pay the amount of such excess to the OWNER upon demand; or 10-2012 00700-31 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (b) The OWNER, under sealed bids, under the times and procedures provided for by law, may let the contract for completion of the Work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the OWNER under the completion contract, as compared to what would have been the cost under this Contract, such increase shall be charged to the CONTRACTOR, and the amount of such increase may be deducted by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of.this Agreement or any other agreement between OWNER and CONTRACTOR, or the CONTRACTOR and/or his surety shall promptly pay the amount of such increase to the OWNER upon demand. However, should the cost to complete any such completion contract prove to be less than what would have been the cost to complete under this Contract,_the CONTRACTOR and/or his surety shall be credited therewith. In the event of a default by CONTRACTOR, no further payments shall be made to CONTRACTOR under the Contract until the Work is Finally Completed. When the Work shall have been Finally Completed,the CONTRACTOR and his surety shall be so notified. A complete itemized statement of the Contract accounts, certified by the ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his surety, whereupon the CONTRACTOR and/or his surety shall pay the balance due as reflected by said statement. The OWNER, prior to incurring an obligation to make payment hereunder, shall have such statement of completion attested to by the CONTRACTOR and the surety as accurate, and in exchange for payment of the sum stated therein, the OWNER shall be entitled to a full and final release of any claims or demands by the CONTRACTOR or the surety. (11.16\ In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this Contract, or when the CONTRACTOR and/or his surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment,. tools or supplies left on the site of the Work shall be turned over to the CONTRACTOR and/or his surety. Should the cost to complete the Work exceed the Contract Price, and the CONTRACTOR and/or his surety fail to pay the amount due the OWNER within the time designated above, and there remains any machinery, equipment, tools, materials or supplies which are the property of CONTRACTOR on the site of the Work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his surety at the respective addresses designated in the Contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his surety, subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of such notice, the OWNER may sell such property, equipment, tools, materials or supplies, and apply the net sum derived from such sale to the credit of the CONTRACTOR and his surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials or supplies, which remain on the Work, and belong to persons other than the CONTRACTOR or his surety, to their reputed owners. (111`\ 8.02 SUPPLEMENTATION OF CONTRACTOR FORCES. If CONTRACTOR at any time shall, in OWNER'S sole opinion, fail to furnish skilled workers, suitable materials, supplies or adequate equipment sufficient for the prompt, timely and diligent prosecution of the Work in 10-2012 00700-32 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT accordance with OWNER's direction, OWNER shall have the right, without prejudice to the (1116. exercise of other remedies for the same default and without fully taking over the Work, to supplement CONTRACTOR's forces and to expedite delivery of and to procure and furnish such workers, materials, tools, supplies or equipment for CONTRACTOR's account by employing other contractors and suppliers engaged in the same class of work and charge the entire cost thereof to CONTRACTOR, said cost to be deducted from sums due or to become due to CONTRACTOR under the Contract or any other agreement with OWNER or any parent, subsidiary or affiliate of OWNER. 8.03 CUMULATIVE REMEDIES & SPECIFIC PERFORMANCE. All rights and remedies of OWNER, under the terms of the Contract and/or available at law or in equity, are cumulative. In the event CONTRACTOR or any of its subcontractors, vendors or suppliers fails or refuses for any reason to provide timely manufacture, fabrication, delivery, installation, erection, construction or completion of any supplies, materials, expendables, equipment, machinery, accessories or appurtenances to be furnished hereunder, CONTRACTOR acknowledges and agrees that such items are required, necessary, essentially unique to the Project and the Work and will cause irreparable harm to OWNER and the Project if not furnished in accordance with the Contract, and OWNER shall have the right to obtain a decree of specific performance and mandatory injunctive.relief from any Court of competent jurisdiction to ensure the timely furnishing of such items. 8.04 CROSS-DEFAULT. If, for any reason, CONTRACTOR is declared in default and/or terminated by OWNER under any other agreement with OWNER, whether related to the Project or not related to the Project, OWNER shall have the right to offset and apply any amounts which might be owed to OWNER by CONTRACTOR under any other such agreements against any earned but unpaid amounts owing to CONTRACTOR by OWNER under the Contract, any retainage earned by CONTRACTOR under the Contract or any unearned, unpaid amount under the Contract. 8.05 INSOLVENCY. It is recognized that if CONTRACTOR becomes a debtor in voluntary or involuntary bankruptcy proceedings, makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of his insolvency, such events could seriously impair or frustrate CONTRACTOR's performance of the Work. Accordingly, it is agreed that should CONTRACTOR become a debtor in bankruptcy, either voluntary or involuntary, CONTRACTOR shall notify OWNER in writing within twenty-four (24) hours of the filing with the bankruptcy court. Further, it is agreed that upon occurrence of any one or more such events, OWNER shall be entitled to request of CONTRACTOR or its successors, trustees or receivers, adequate assurances of future performance. In the event such adequate assurances are not given to the reasonable satisfaction of OWNER within seventy-two (72) hours of such request, OWNER shall have the right to immediately invoke the remedies of this Section 8 or as provided by law. Pending receipt of such adequate assurances of such future performance, OWNER may proceed with the Work on a temporary basis and deduct the costs, plus reasonable overhead and profit, from any amounts due or which may become due to CONTRACTOR under the Contract or any other agreement with OWNER. In this regard, OWNER and CONTRACTOR agree that delays in performance could result in more damages to CONTRACTOR than would be sustained if OWNER failed to exercise such remedies. 8.06 CONTINGENT ASSIGNMENT. CONTRACTOR hereby assigns to OWNER, all of CONTRACTOR's rights under and interest in any and all subcontracts and/or purchase orders 10-2012 00700-33 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT entered into by CONTRACTOR pursuant to this Agreement, such assignment to become effective upon CONTRACTOR's default under this Agreement or OWNER's termination of this Contract, and OWNER's acceptance of such assignment. Upon CONTRACTOR's default or OWNER's termination of this Contract, OWNER may, in the event there is no performance bond for the Contract, or in the event the performance bond surety fails to complete the Contract, or if OWNER otherwise so elects in its sole discretion, accept such assignment by written notice of such acceptance to CONTRACTOR and subcontractor, and may require subcontractors to perform all of the then unperformed duties and obligations under the subcontract, for the direct benefit of OWNER. In the event OWNER requires such performance by a subcontractor, then OWNER shall be obligated to pay such subcontractor any amounts due and owing under the terms of the subcontract/purchase order, at the subcontract prices and rates, and subject to any rights of withholding or offset and other terms and conditions of the subcontract, for all work properly performed by such subcontractor, to the date of OWNER's acceptance and thereafter. OWNER's liability in this connection, however, shall not exceed the amount obtained by subtracting all payments made by CONTRACTOR to subcontractor from the Subcontract Price at the time of CONTRACTOR's default or OWNER's termination of CONTRACTOR. CONTRACTOR shall include a provision in its subcontracts that allows such assignment and allows OWNER to take these actions, and further provides that in the event of CONTRACTOR's termination for default, the subcontractor agrees to give the OWNER or its agent the right to inspect all books and records of subcontractor relating to the Work. 8.07 WAIVER OF CONSEQUENTIAL DAMAGES. CONTRACTOR expressly waives any and all claims for consequential damages against OWNER arising out of or related to this Contract, or any other agreements between CONTRACTOR and OWNER, including,but not limited to, claims for damages incurred by CONTRACTOR for principal office expenses, including the compensation of personnel stationed there, losses of financing, bonding capacity, business and reputation, and claims for lost profit, whether on this Contract or otherwise. 8.08 TERMINATION FOR CONVENIENCE. OWNER may at its sole discretion, upon five (5) days written notice to CONTRACTOR, terminate this Contract, in whole or in part, if and when OWNER determines that it is in the best interest of OWNER to do so. Upon receipt of such written notice from OWNER, CONTRACTOR shall cease all terminated Work and take reasonable precautions to protect and preserve such work, and shall take all reasonable measures after consultation with OWNER to terminate or assign to OWNER all subcontracts, purchase orders or other commitments related to the Work or the Project on terms and conditions acceptable to OWNER. CONTRACTOR will be paid for all Work performed in strict accordance with the Contract Documents, based upon the Contract Price and the percentage of completion on the date of termination, and less amounts previously paid, subject to any reasonable backcharges attributable to CONTRACTOR's failure to comply with any of the provisions of this Contract and further subject to the other terms of this Contract regarding payment. In no event will CONTRACTOR receive or be entitled to any payment or compensation whatsoever for interruption of business or loss of business opportunities, any other items of consequential damages, for overhead or loss of profits on the unperformed Work and/or services and unfurnished materials or for any intangible, impact or similarly described cost, damages or expense, and under no circumstances shall the total sum paid to or received by CONTRACTOR under this Contract exceed the Contract Price. The compensation provided herein shall be CONTRACTOR's sole and exclusive remedy arising out of a termination for convenience. 10-2012 00700-34 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8.09 DEFAULT BY OWNER. In case the OWNER shall default on its material obligations under this Contract, other than OWNER's failure to pay CONTRACTOR a disputed amount due within the time limits provided in the Contract or applicable law, as addressed by Section 6.13 of this Agreement, and shall fail or refuse to cure, or to commence and diligently pursue cure of such default within fifteen (15) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the Work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of the Work that have not been included in payments to the CONTRACTOR and have not been incorporated into the Work. And thereupon, the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all Work actually completed by said CONTRACTOR (at the Contract Prices), the value of all partially completed Work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this Contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole Work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement, and shall present the same to the OWNER, and OWNER's payment of said sum to the CONTRACTOR, on or before thirty (30) days after OWNER's receipt of such statement, shall satisfy any and all rights, claims or causes of action of CONTRACTOR arising out of or related to such default by OWNER, and shall be CONTRACTOR's sole and exclusive remedy for such default. A disputed or unilateral claim by the Contractor cannot by itself constitute a default hereunder. 9.0 DISPUTE RESOLUTION ("h.) Any dispute or pending claim or dispute resolution process between OWNER and CONTRACTOR shall not excuse or relieve CONTRACTOR of its obligations under the Contract, and CONTRACTOR shall diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. All claims, disputes and other matters in question arising out of or relating to,the Contract, or the breach thereof, shall be subject to mediation as a condition precedent to any other dispute resolution process as may be selected by OWNER. Unless mutually agreed otherwise the mediation shall be conducted by a third party who will be selected by agreement between OWNER and CONTRACTOR, and Request for Mediation shall be filed with the other party. The parties shall share the mediator's fee and any filing fees equally. If a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the work of a subcontractor or supplier, OWNER or CONTRACTOR may join such subcontractor or supplier as a party to any mediation proceeding between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts and/or purchase orders related to the Work a specific provision whereby the subcontractor or supplier consents to being joined in mediation between OWNER and CONTRACTOR involving the work of such subcontractor or supplier. This Contract shall be governed by the laws of the State of Texas and shall be considered (1""\. performable in Brazoria County, Texas, for venue purposes. Further, the OWNER and CONTRACTOR stipulate that venue for any dispute resolution proceeding involving or touching upon the Contract other than the conduct of an arbitration hearing shall be in Brazoria County, 10-2012 00700-35 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Texas, or, if such choice of venue is prohibited or unenforceable by law, shall be held in the county where the Project is located. CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in the event OWNER seeks to enforce any provision of this Contract whether by arbitration or other dispute resolution process. Further, in the event OWNER defends any claim instituted by CONTRACTOR against OWNER, whether in arbitration or other dispute resolution process, CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in defending such claim provided OWNER is the prevailing party, in whole or in part, in such proceeding. 10-2012 00700-36 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 1 TO GENERAL CONDITIONS WORKERS' COMPENSATION INSURANCE COVERAGE A. DEFINITIONS: Certificate of coverage ("certificate") _ A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project for the duration of the Project. Duration of the Project includes the time from the beginning of the Work on the Project until the contractor's/person's work on the Project has been completed and the Project warranty period has expired. Persons providing services on the project includes persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with due contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, motor carriers and owner- operators, (as defined at Section 406.121 of the Texas Labor Code), leasing companies, and employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for employees of the contractor providing services on the project, for the duration of the project. C. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the Contract. D. If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. E. The CONTRACTOR shall obtain from each subcontractor or other person providing services on a project, and provide to the OWNER: (I) a certificate of coverage, prior to that person beginning work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 05/2007 00700-Al CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (2) no later than seven days after receipt by the CONTRACTOR.and prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 days after the CONTRACTOR knew or should have known, of any changes that materially affect the provision of coverage of any person providing services on the Project. H. The CONTRACTOR shall post on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. NOTICE REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by (116b\ workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440- 3789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, too: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for all of its employees providing services on the Project, for the duration of the Project; (2) provide to the CONTRACTOR,prior to that person beginning work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the Project: 05/2007 00700-A2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (3) provide the CONTRACTOR,prior to the end of the coverage period, a new certificate of coverage, showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (4) obtain from each other person with whom it contracts, and provide to the CONTRACTOR: (a) a certificate of coverage, prior to the other person beginning work on the Project; and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (5) retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; (6) notify the OWNER in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person (111116\ for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage agreements will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR, which entitles the OWNER to pursue all rights and remedies available to it under the Contract, at law or in equity, if the CONTRACTOR does not remedy the breach within ten days after receipt of notice of breach from the OWNER. 05/2007 00700-A3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO.2 TO GENERAL CONDITIONS AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE In consideration of the Final Payment under that certain contract between (hereafter "CONTRACTOR") and the City of Pearland (hereafter "OWNER") for the Project known as WRF Chemical Containment Area Coating (the "Contract"), the CONTRACTOR makes the following representations to OWNER, either individually if a proprietorship, or jointly and severally by all general partners if a partnership, or if a corporation, by action of the president and secretary of said corporation, as duly authorized by appropriate action of the stockholders and/or board of directors of said corporation, their signatures hereon constituting a representation under oath by said individuals that they have the authority to execute this Agreement for and on behalf of the said corporation: 1. The undersigned CONTRACTOR represents to OWNER that the Application for Payment for the Final Payment under the Contract, and the final Change Order issued under the Contract if any, whether or not modified, corrected or changed in some way by the ENGINEER, the CONTRACTOR or the OWNER, a copy of which are attached hereto and marked Exhibit "A", are true, correct and accurate, and that CONTRACTOR has received payment in full for all other Applications for Payment submitted under the Contract, and that CONTRACTOR has been fully compensated for all labor, materials, equipment and/or services furnished in connection with the Contract, except for the Final Payment. 2. It is agreed and stipulated by the undersigned CONTRACTOR that upon the receipt of Final Payment in the amount as set out on the attached Application for Payment, the CONTRACTOR, by execution of this instrument of release, does, therefore, RELEASE and FOREVER DISCHARGE OWNER of and from all manner of debts, claims, demands, obligations, suits, liabilities and causes of action of any nature whatsoever, at law or in equity, in contract or in tort, now existing or which may hereafter accrue, arising out of or related to the Contract, any Change Orders or Work Orders, the Work, or any labor, materials, equipment or services furnished by CONTRACTOR to OWNER. 3. The CONTRACTOR, acting by and through the person or persons whose names are subscribed hereto, does solemnly swear and affirm that all bills and claims have been paid to all materialmen, suppliers, laborers, subcontractors, or other entities performing services or supplying materials or equipment, and that OWNER shall not be subject to any bills, claims, demands, litigation or suits in connection therewith. 4. It is further specifically understood and agreed that this Agreement for Final Payment and Contractor's Sworn Release shall constitute a part of the Contract, and it is also specifically understood and agreed that this Agreement shall not act as a modification, waiver or renunciation by OWNER of any of its rights or remedies as set out in the Contract itself, but this Agreement for Final Payment and Contractor's Sworn Release shall constitute a supplement thereto for the additional protection of OWNER. 05/2007 00700-B 1 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT SIGNED and EXECUTED this,the_day of , 20_ CONTRACTOR: By: Signature Print Name: Title: [If CONTRACTOR is a proprietorship, owner must sign; if a partnership, each general partner must sign; if a corporation, the following language should be used.] SIGNED and EXECUTED this, the day of 20_by , a Texas corporation, under authority granted to the undersigned by said corporation as contained in the Charter, By-Laws or Minutes of a meeting of said corporation regularly called and held. CONTRACTOR: By: President ATTEST: Corporate Secretary (Corporate Seal) - [This form is for use by either a proprietorship or a partnership. In the event CONTRACTOR is a partnership or a joint proprietorship, additional signature lines should be added for each individual.] r 05/2007 00700-B2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS § COUNTY OF § BEFORE ME,the undersigned authority, on this day personally appeared the person or persons whose name(s) are subscribed to the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, who each, after being by me duly sworn, on their oaths deposed and said: I (We) am (are)the person(s) who signed and executed the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, and I (we) have read the facts and statements as therein set out and the representations as made therein, and I (we) state that the above and foregoing are true and correct. CONTRACTOR- Affiant SWORN TO AND SUBSCRIBED TO before me,the day of 20_. Notary Public, State of Texas My Commission Expires: [This form is for use in the event CONTRACTOR is a corporation.] (.116\ 07/2006 00700-B3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT (ow., STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared the persons who signed and executed the above and foregoing Agreement for Final Payment mid Contractor's Sworn Release, whose names are set out above, who each, after being by me duly sworn, on their oaths deposed and said: We each are the persons whose names are subscribed above, and hold respectively the offices in the corporation as set out above, and each state under oath that we have the authority to execute this Agreement for Final Payment and Contractor's Sworn Release for and on behalf of said corporation, pursuant to authority granted to us in the Charter of said corporation,the By-Laws of said corporation and/or the Minutes of said corporation; and the facts, statements and representations as set out in the instrument to which this Affidavit is attached, are true and correct. SWORN TO AND SUBSCRIBED TO before me this, the day of 20 Notary Public, State of Texas My Commission Expires: 07/2006 00700-B4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 3 TO GENERAL CONDITIONS OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR 1. Definitions. For purposes of this Agreement: 1.1 Owner Parties. "Owner Parties" means (a) the City of Pearland, its successors and assigns, and the Engineer, (b) any officers, employees, or agents of such persons or entities, and (c) others as required by the Contract Documents, if any. 1.2 Contractor. "Contractor" shall mean the vendor providing the service or work to be performed under this Agreement. 1.3 Subcontractor. "Subcontractor" shall include subcontractors of any tier. 1.4 ISO. "ISO"means Insurance Services Office. 2. Contractor Insurance Representations to Owner Parties 2.1 It is expressly understood and agreed that the insurance coverages required herein: 2.1.1 represent Owner Parties' minimum requirements and are not to be construed to void or limit the Contractor's indemnity obligations as contained in this Agreement nor represent in any manner a determination of the insurance coverages the Contractor should or should not maintain for its own protection; and 2.1.2 are being, or have been, obtained by the Contractor in support of the Contractor's liability and indemnity obligations under this Agreement. Neither the requirements as to insurance to be carried as provided for herein, the insolvency, bankruptcy or failure of any insurance company carrying insurance of the Contractor, nor the failure of any insurance company to pay claims accruing, shall be held to affect,negate or waive any of the provisions of this Agreement. 2.2 Failure to obtain and maintain the required insurance shall constitute a material breach of, and default under, this Agreement. If the Contractor shall fail to remedy such breach within five (5) business days after notice by the Owner, the Contractor will be liable for any and all costs, liabilities, damages and penalties resulting to the Owner Parties from such breach, unless a written waiver of the specific insurance requirement(s) is provided to the Contractor by the Owner. In the event of any failure by the Contractor to comply with the provisions of this Agreement, the Owner may, without in any way compromising or waiving any right or remedy at law or in equity, on notice to the Contractor, purchase such insurance, at the Contractor's expense, provided that the Owner shall have no obligation to do so and if the Owner shall do so, the Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. 10-2012 00700-Cl CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3. Conditions Affecting All Insurance Required Herein 3.1 Cost of Insurance. All insurance coverage shall be provided at the Contractor's sole expense. 3.2 Status and Rating of Insurance Company. All insurance coverage shall be written through insurance companies authorized to do business in the state in which the work is to be performed and rated no less than A-: VII in the most current edition of A. M. Best's Key Rating Guide. 3.3 Restrictive, Limiting, or Exclusionary Endorsements. All insurance coverage shall be provided to the Owner Parties in compliance with the requirements herein and shall contain no endorsements that restrict, limit, or exclude coverage required herein in any manner without the prior express written approval of the Owner. 3.4 Limits of Liability. The limits of liability may be provided by a single policy of insurance or by a combination of primary and umbrella policies, but in no event shall the total limits of liability available for any one occurrence or accident be less than the amount required herein. 3.5 Notice of Cancellation, Nonrenewal, or Material Reduction in Coverage. All insurance coverage shall contain the following express provision: In the event of cancellation, non-renewal, or material reduction in coverage affecting the certificate holder, thirty (30) days prior written notice shall be given to the certificate holder by certified mail or registered mail, return receipt requested. 3.6 Waiver of Subrogation. The Contractor hereby agrees to waive its rights of recovery from the Owner Parties with regard to all causes of property and/or liability loss and shall cause a waiver of subrogation endorsement to be provided in favor of the Owner Parties on all insurance coverage carried by the Contractor, whether required herein or not. 3.7 Deductible/Retention. Except as otherwise specified herein, no insurance required herein shall contain a deductible or self-insured retention in excess of $25,000 without prior written approval of the Owner. All deductibles and/or retentions shall be paid by, assumed by, for the account of, and at the Contractor's sole risk. The Contractor shall not be reimbursed for same. 4. Maintenance of Insurance. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required: (°111b\ 10-2012 00700-C2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.1 Commercial General Liability Insurance (11.b\ 4.1.1 Coverage. Such insurance shall cover liability arising out of all locations and operations of the Contractor, including but not limited to liability assumed under this contract (including the tort liability of another assumed in a business contract). Defense shall be provided as an additional benefit and not included within the limit of liability. 4.1.2 Form. Commercial General Liability Occurrence form (at least as broad as an unmodified ISO CG 0001 0798 or its equivalent). 4.1.3 Amount of Insurance. Coverage shall be provided with limits of not less than: Each Occurrence Limit $1,000,000 General Aggregate Limit $2,000,000 Product-Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 4.1.4 Required Endorsements a. Additional Insured. Additional insured status shall be provided in favor of the Owner Parties on any of the following: i. ISO form CG 20 10 11 85; or ii. ISO form CG 20 26 11 85; or iii. a combination of ISO forms CG 20 33 10 01 and CG 20 37 10 01; or iv. any form providing equivalent protection to Owner. b. Designated Construction Project(s) Aggregate Limit. The aggregate limit shall apply separately to this Agreement through use of an ISO CG 25 03 03 97 endorsement or its equivalent. c. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. d. Personal Injury Liability. The personal injury contractual liability exclusion shall be deleted. e. Primary and Non-Contributing Liability. It is the intent of the parties to this Agreement that all insurance required herein shall be primary to all insurance available to the Owner Parties. The obligations of the Contractor's insurance shall not be affected by any other insurance available to the Owner Parties and shall seek no contribution from the Owner Parties' insurance, whether primary, excess contingent, or on any other basis. The Contractor's insurance coverage shall be endorsed to provide such primary and non- contributing liability. f. Waiver of Subrogation, as required in 3.6, above. 10-2012 00700-C3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.1.5 Continuing Commercial General Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to Owner stating Work completion date. 4.2 Auto Liability Insurance 4.2.1 Coverage. Such insurance shall cover liability arising out of any auto (including owned, hired, and non-owned). 4.2.2 Form. Business Auto form (at least as broad as an unmodified ISO CA 0001 or its equivalent). 4.2.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $1,000,000. 4.2.4 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. CIIli'''. 4.3 Employer's Liability Insurance 4.3.1 Coverage. Employer's Liability Insurance shall be provided as follows: 4.3.2 Amount of Insurance. Coverage shall be provided with a limit of not less than: Employer's Liability: $1,000,000 each accident and each disease. 4.3.3 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. 4.4 Umbrella Liability Insurance 4.4.1 Coverage. Such insurance shall be excess over and be no less broad than all coverages described above and shall include a drop-down provision for exhaustion of underlying limits. 4.4.2 Form. This policy shall have the same inception and expiration dates as the commercial general liability insurance required above. 10-2012 00700-C4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.4.3 Amount of Insurance. Coverage shall be provided with a limit of not less (°111 ` than$5,000,000. 4.4.4 Continuing Umbrella Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.5 Professional Liability Insurance 4.5.1 Coverage. The Contractor shall provide professional liability insurance for any professional design or engineering drawing required by the work. Such insurance shall indemnify the Owner from claims arising from the negligent performance of professional services of any type, including but not limited to design or design/build services as part of the Work to be performed. 4.5.2 Form. This insurance shall include prior acts coverage sufficient to cover all services rendered by the Contractor and by its consultants under this Agreement. It is recognized that this coverage may be provided on a Claims-Made basis. 4.5.3 Amount of Insurance. Coverage shall be provided with a limit of not less than$1,000,000. 4.5.4 Continuing Professional Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.6 Builder's Risk 4.6.1 Insureds. Insureds shall include: a. Owner, General Contactor and all Loss Payees and Mortgagees as Named Insureds; and b. subcontractors of all tiers in the Work as Additional Insureds. (011`,. 10-2012 00700-C5 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.2 Covered Property. Such insurance shall cover: a. all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes and wiring, excavations, grading, backfilling or filling; b. all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) located at the site; c. all property including materials and supplies on site for installation; d. all property including materials and supplies at other locations but intended for use at the site; e. all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and f. other Work at the site identified in the Agreement to which this Exhibit is attached. Form a. Coverage shall be at least as broad as an unmodified ISO Special form, shall be provided on a completed-value basis, and shall be primary to any other coverage insurance available to the insured parties, with that other insurance being excess, secondary and non- contributing. b. No protective safeguard warranty shall be permitted. c. Required coverage shall further include: i. Additional expenses due to delay in $ TBD completion of project(where applicable) ii. Agreed value Included without sublimit iii. Damage arising from error, omission or Included without sublimit deficiency in construction methods, design, specifications, workmanship or materials, including collapse iv. Debris removal additional limit 25% of direct damage loss v. Earthquake (where applicable) $ TBD vi. Earthquake sprinkler leakage (where $ TBD applicable) vii. Expediting expenses $ TBD viii. Flood (where applicable) $ TBD ix. Freezing Included without sublimit x. Mechanical breakdown, including hot& Included without sublimit cold testing (where applicable) xi. Notice of cancellation, non-renewal or Included 10-2012 00700-C6 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT material reduction—60 days prior written notice to each insured xii. Occupancy clause, as required in F, Included below xiii. Ordinance or law Included without sublimit xiv. Pollutant clean-up and removal $ TBD xv. Preservation of property Included without sublimit xvi. Replacement cost Included xvii. Theft Included without sublimit xviii. Waiver of subrogation as required in G, Included below. 4.6.3 Amount of Insurance. Coverage shall be provided in an amount equal at all times to the full replacement value and cost of debris removal for any single occurrence. 4.6.4 Deductibles. Deductibles shall not exceed the following: a. All Risks of Direct Damage, Per $5,000 Occurrence, except b. Delayed Opening Waiting Period 5 Days c. Flood,Per Occurrence $25,000 or excess of NFIP if in Flood Zone A, B or V d. Earthquake and Earthquake Sprinkler $25,000 Leakage, Per Occurrence 4.6.5 Termination of Coverage. The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed so long as such occupancy does not exceed 20% of the usable area of the property. This insurance shall be maintained in effect, unless otherwise provided for in the Contract Documents, until the earliest of the following dates: a. the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; b. the date on which final payment, as provided for in the Agreement to which this Exhibit is attached, has been made; or c. the date on which the insurable interests in the Covered Property of all insureds other than Contractor have ceased. 10-2012 00700-C7 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (11.1 4.6.6 Waiver of Subrogation. The waiver of subrogation provision shall be endorsed as follows: a. A waiver of subrogation shall be provided in favor of all insureds. b. The waiver of subrogation provisions shall be endorsed as follows: Should a covered loss be subrogated, either in whole or in part, your rights to any recovery will come first, and we will be entitled to a recovery only after you have been fully compensated for the loss. 5. Intentionally left blank. 6. Evidence of Insurance 6.1 Provision of Evidence. Evidence of the insurance coverage required to be maintained by the Contractor, represented by certificates of insurance, evidence of insurance, and endorsements issued by the insurance company or its legal agent, and must be furnished to the Owner prior to commencement of Work and not later than fifteen (15) days after receipt of this Agreement. New certificates of insurance, evidence of insurance, and endorsements shall be provided to the Owner prior to the termination date of the current certificates of insurance, evidence of �r\ insurance, and endorsements. 6� 6.2 Form 6.2.1 All property insurance required herein shall be evidenced by ACORD form 28, "Evidence of Property Insurance". 6.2.2 All liability insurance required herein shall be evidenced by ACORD form 25, "Certificate of Insurance". 6.3 Specifications. Such certificates of insurance, evidence of insurance, and endorsements shall specify: 6.3.1 The Owner as a certificate holder with correct mailing address. 6.3.2 Insured's name, which must match that on this Agreement. 6.3.3 Insurance companies affording each coverage, policy number of each coverage, policy dates of each coverage, all coverages and limits described herein, and signature of authorized representative of insurance company. 6.3.4 Producer of the certificate with correct address and phone number listed. 6.3.5 Additional insured status required herein. 6.3.6 Amount of any deductibles and/or retentions. 6.3.7 Cancellation, non-renewal and material reduction in coverage notification as required by this Agreement. Additionally, the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any (111.1 kind upon Company, it agents or representatives" shall be deleted from the cancellation provision of the ACORD 25 certificate of insurance form. 10-2012 00700-C8 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.3.8 Designated Construction Project Aggregate Limits required herein. (114' 6.3.9 Personal Injury contractual liability required herein. 6.3.10 Primary and non-contributing status required herein. 6.3.11 Waivers of subrogation required herein. 6.4 Required Endorsements. A copy of each of the required endorsements shall also be provided. 6.5 Failure to Obtain. Failure of any Owner Party to demand such certificate or other evidence of full compliance with these insurance requirements or failure of any Owner Party to identify a deficiency from evidence that is provided shall not be construed as a waiver of the Contractor's obligation to maintain such insurance. 6.6 Certified Copies. Upon request of any Owner Party, the Contractor shall provide to the Owner a certified copy of all insurance policies required herein within ten (10) days of any such request. Renewal policies, if necessary, shall be delivered to the Owner prior to the expiration of the previous policy. 6.7 Commencement of Work. Commencement of Work without provision of the required certificate of insurance, evidence of insurance and/or required endorsements, or without compliance with any other provision of this Agreement, shall not constitute a waiver by any Owner Party of any rights. The Owner shall have the right, but not the obligation, of prohibiting the Contractor or any subcontractor from performing any Work until such certificate of insurance, evidence of insurance and/or required endorsements are received and approved by the Owner. 7. Insurance Requirements of Contractor's Subcontractors 7.1 Insurance similar to that required of the Contractor shall be provided by all subcontractors (or provided by the Contractor on behalf of subcontractors) to cover operations performed under any subcontract agreement. The Contractor shall be held responsible for any modification in these insurance requirements as they apply to subcontractors. The Contractor shall maintain certificates of insurance from all subcontractors containing provisions similar to those listed herein (modified to recognize that the certificate is from subcontractor) enumerating, among other things, the waivers of subrogation, additional insured status, and primary liability as required herein, and make them available to the Owner upon request. 7.2 The Contractor is fully responsible for loss and damage to its property on the site, including tools and equipment, and shall take necessary precautions to prevent damage to or vandalism, theft, burglary, pilferage and unexplained disappearance of property. Any insurance covering the Contractor's or its subcontractor's property shall be the Contractor's and its subcontractor's sole and complete means or recovery for any such loss. To the extent any loss is not covered by said insurance or subject to any deductible or co-insurance, the Contractor shall not be reimbursed for same. Should the Contractor or its subcontractors choose to self insure this risk, it is expressly agreed that the Contractor hereby waives, and shall cause its 10-2012 00700-C9 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT subcontractors to waive, any claim for damage or loss to said property in favor of the Owner Parties. 8. Use of the Owner's Equipment. The Contractor, its agents, employees, subcontractors or suppliers shall use the Owner's equipment only with express written permission of the Owner's designated representative and in accordance with the Owner's terms and condition for such use. If the Contractor or any of its agents, employees, subcontractors or suppliers utilize any of the Owner's equipment for any purpose, including machinery, tools, scaffolding, hoists, lifts or similar items owned, leased or under the control of the Owner, the Contractor shall defend, indemnify and be liable to the Owner Parties for any and all loss or damage which may arise from such use. 9. Release and Waiver. The Contractor hereby releases, and shall cause its subcontractors to release, the Owner Parties from any and all claims or causes of action whatsoever which the Contractor and/or its subcontractors might otherwise now or hereafter possess resulting in or from or in any way connected with any loss covered by insurance, whether required herein or not, or which should have been covered by insurance required herein, including the deductible and/or uninsured portion thereof, maintained and/or required to be maintained by the Contractor and/or its subcontractors pursuant to this Agreement. (1151'\ 10-2012 00700-C 10 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT Section 00800 SPECIAL CONDITIONS OF AGREEMENT The following Special Conditions modify the General Conditions,Document 00700. Where a portion of the General Conditions is modified or deleted by these Special Conditions,the unaltered portions of the General Conditions shall remain in effect. ARTICLE 1 DEFINITIONS AND INTERPRETATIONS 1.01 Add the following paragraph to the end of Article 1.01: The OWNER'S representative on the project site is: Mark Wahlstrom telephone: 281. 652. 1778 The CONSTRUCTION MANAGER is: telephone: The CONSTRUCTION INSPECTOR is: telephone: ARTICLE 4 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4.05 Add the following paragraph to Article 4.05: A Maintenance Bond in accordance with Document 00612 of the Project Manual is required for this Project. The cost of this bond shall be included in the CONTRACTOR'S Bid Proposal. Attachment No. 3 To General Conditions, Owner's Insurance Requirements of Contractor, Article 4.6 Builder's Risk—Builder's Risk Insurance is Required for this project. ARTICLE 5 PROSECUTION AND PROGRESS 5.08 Add Article 5.08: The Contract Time as defined in the bid and other sections of the Contract Documents includes a certain number of rain days. Based on the Alvin Weather Center Records,the average annual rain days from June 1898 to December 1996 is 40 days calculated from all precipitation days of record. The CONTRACTOR is required to keep a record of rain days at the site. The record of rain days must be accepted and signed by the City Inspector monthly, and shall be reported on the monthly pay estimate submittal. At the end of the contract,the CONTRACTOR will be credited only for the number of accepted rain days that exceed 40 rain days per year,proportionate to the original Contract Time. General Notes: Sections 00100 Invitation to Bidders, 00200 Instructions to Bidders and 01505 Mobilization (11116\ all-make reference to provision by the CONTRACTOR of a laptop computer for use by the OWNER'S representative or CONSTRUCTION MANAGER. BIDDER is Not Required to 2-24-12 00800- 1 of 2 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT provide this equipment or include this cost in the Bid. See Section 13730 for full details regarding this computer equipment. Section 01500 Temporary Facilities requires CONTRACTOR to provide high speed internet access in the Field Office. BIDDER is Not Required to provide either a Field Office or any internet access for this project. All other requirements remain and will be required per the section. It is the responsibility of the Contractor to coordinate with the Owner for all Traffic Control Documents. Contractor to coordinate with the Owner for procurement of Traffic Control Documents prior to permitting. Contractor is to keep a minimum of one lane open at all times,in both directions. No lane closures to extend beyond the defined work day. Contractor Will (ot be required to provide an on-site construction office for the duration of this project. END OF SECTION 2-24-12 00800-2 of 2 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Section 00811 WAGE SCALE FOR ENGINEERING CONSTRUCTION 1.01 In accordance with the Prevailing Wage law on Public Works (Article 2258 of the Texas Government Code), the public body awarding the contract does hereby specify the rates shown in Table 00811-A following to be the general prevailing rates in the locality in which the work is being performed. 1.02 This prevailing wage rate does not prohibit the payment of more than the rates stated. 1.03 The wage scale for engineering construction is to be applied to all site work greater than five (5) feet from an exterior wall of new building under construction or from an exterior wall of an existing building. (Attach the current wage rates. Number the pages 00811-2, 00811-3, etc.) (1111.16\' 10-2012 00811 - 1 of 1 City of Pearland WAGE SCALE FOR WRF Chemical Containment Area Coating ENGINEERING CONSTRUCTION 117. General Decision Number: TX170044 01/06/2017 TX44 Superseded General Decision Number: TX20160044 State: Texas Construction Type: Heavy County: Brazoria County in Texas. HEAVY CONSTRUCTION PROJECTS (Including Water and Sewer Lines (Does Not Include Flood Control) Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2017 * SFTX0669-001 04/01/2016 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) $ 28.18 17.52 SUTX2005-018 05/18/2005 Rates Fringes Carperter $ 14.38 0.00 CEMENT MASON/CONCRETE FINISHER $ 11.37 1.13 ELECTRICIAN $ 18.40 1.34 Formbuilder/Formsetter $ 9.83 1.69 IRONWORKER, REINFORCING $ 11.29 0.00 Laborers: Common $ 8.99 1.25 Landscape $ 7.35 0.00 Mason Tender Cement $ 9.96 0.00 Pipelayer $ 9.63 1.50 00811-2 2/10/17 City of Pearland WAGE SCALE FOR WRF Chemical Containment Area Coating ENGINEERING CONSTRUCTION PIPEFITTER $ 17.00 0.04 POWER EQUIPMENT OPERATOR: Backhoe $ 12.74 0.00 Bulldozer $ 12.46 0.00 Crane $ 11.00 0.74 Excavator $ 16.74 0.00 Front End Loader $ 10.47 1.28 Grader $ 12.20 1.48 Tractor $ 11.29 1.45 TRUCK DRIVER $ 14.42 1.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is (1111. like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or 00811-3 2/10/17 City of Pearland WAGE SCALE FOR WRF Chemical Containment Area Coating ENGINEERING CONSTRUCTION (711'\1 "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. (111116N WAGE DETERMINATION APPEALS PROCESS 00811-4 2/10/17 City of Pearland WAGE SCALE FOR WRF Chemical Containment Area Coating ENGINEERING CONSTRUCTION r16 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. rib\ END OF GENERAL DECISION 00811-5 2/.10/17 City of Pearland WRF Chemical Containment Area Coating ADDENDUM NO. 1 SECTION 00900 ADDENDUM NO. 1 Date: February 27, 2017 PROJECT: Chemical Containment Area Coating Barry Rose, Longwood and Southdown Water Reclamation Facilities BID NO.: 0217-22 s O F re ',1 _dt4_ •. .P �•‘ . * BID DATE: March 7 2017 2:00 PM • • CHRISTOPHER M. MUNSON e FROM: Christopher M. Munson, P.E. r , ; 121374 •a. s Ardurra Group 19>'• j O • O '•. /CENSE.••'�ki TBPE Firm Registration No. 17004 '�`s �G� •'` 2032 Buffalo Terrace kuiPNAI, kv Houston, TX 77019 iv- ' TO: Prospective Offerors and Interested Parties (glib\ This addendu m forms a part of the bidding documents and will be incorporated into the Contract Documents, as applicable. Insofar as the original Contract Documents, Specifications; and Drawings are inconsistent, this Addendum shall govern. Please acknowledge receipt of this Addendum on the Bid Proposal form, Section 00300 submitted to the City of Pearland.FAILURE TO ACKNOWLEDGE RECEIPT OF ADDENDA ON THE BID PROPOSAL FORM MAY BE CAUSE FOR DISQUALIFICATION. CONTRACT DOCUMENTS: 1. Section 00500 Standard Form of Agreement REVISE Article 3.1 to read as follows: "The Work will be Substantially Complete (as defined in Article 1 of the General Conditions)within one hundred twenty (120) days (including weekends and-holidays) from the date when the Contract Time commences to run as provided in paragraph 5.01 of the General Conditions (as revised in the Special Conditions if applicable), and completed and ready for Final Payment within thirty (30) days from the date when the Contract Time commences to run. No work will be allowed on Sundays." (111.k\ 00900-1 2/27/17 City of Pearland WRF Chemical Containment Area Coating ADDENDUM NO. 1 SPECIFICATIONS: NONE. CONSTRUCTION DRAWINGS: NONE. GENERAL CLARIFICATIONS: 1. The sign-in sheet from the Mandatory Pre-Bid Meeting is attached. 2. Napco Chemical will supply the chemicals required for the temporary bypass systems. The Contractor shall set up temporary chemical bypass systems to maintain existing sodium hypochlorite and sodium bisulfite service to the water reclamation facilities as indicated in the Description of Work(Appendix Al). END OF ADDENDUM NO. 1 Christopher M. Munson, P.E. Ardurra Group 00900-2 2/27/17 7-) 11 Chemical Containment Area Coating Barry Rose, Longwood and Southdown WRFs Bid#0217-22 Pre-Bid Meeting Sign-In Sheet 10:00 a.m.2/24/2017 I (Please Print) 1 1 Company Name Address Company Representative i Signature ( Email Address ' Telephone Number ( �T%S fi( JA � mar 3Tti-4 `332D 1,,,, ?J/� ,D GfeOi}•J41rJ,`.. 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SVAS C vAr r m i rj� . tea% gt0,_ , p L Chemical Containment Area Coating Barry Rose, Longwood and Southdown WRFs Bid#0217-22 Pre-Bid Meeting Sign-In Sheet . 10:00 a.m.2/24/2017 (Please Print) • Company Name i Address Company Representative Signature nature Email Address ITele hone Numb er /°/bcec-(-7-ve IglyaiR ...................... av ' o� c4 . . S. o ,(A_ __ • • I • • I mow....._.. .. ........_.. ..........._........_....._,_.....,._..._._..._ ................ _............._......._..........»......,............._.....,..._.._.,.,.........___ ......... ......_._........... — .. ................_..._..__ 1 i I 1 • i CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 1 TECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS 04/2008 THIS PAGE INTENTIONALLY LEFT BLANK City of Pearland WRF Chemical Containment Area Coating CONSTRUCTION SCHEDULING (..6\ SECTION 01014 CONSTRUCTION SCHEDULING PART 1: GENERAL 1.01 GENERAL PROVISIONS A. A project construction schedule shall be submitted to the City's Representative, a minimum of two weeks prior to mobilization. B. All proposed disruptions to services shall be shown on the schedule and approved by the City's Representative at least 72 hours prior to such disruptions. C. Submit to the City a description along with a schedule describing the limits of the work,proposed storage areas, as well as other circumstances that affect the general public. D. No work shall be done between 7:00 p.m. and 7:00 a.m.,nor on Sundays or holidays except with the written permission of the City. Contractor shall submit a request to the City 72 hours in advance of such work. Such permission, however,may be revoked at any time by the City if the Contractor fails to maintain adequate lighting equipment, and supervision for the proper prosecution and control of the work at night, or if the off-site effects of night construction are deemed by the City to be (11""'\, unacceptable. Emergency work may be accomplished at night without obtaining prior permission. 1.02 PROGRESS OF WORK A. The Work shall be started within 15 calendar days following the effective date of the Notice to Proceed. The Work shall be executed with such progress as is required to prevent any delay to the general completion of the project. The work shall be executed at such times-and with such personnel, materials, and equipment to assure completion of the work in the time established by the Contract. B. If the Contractor, for his convenience and at his own expense, should desire to carry on his work at night or outside regular hours, he shall submit written notice to the City's Representative and he shall allow ample time for satisfactory arrangements to be made for inspecting the work in progress. The Contractor shall pay the expenses for extra inspection required for work outside regular hours at an hourly rate of$100 for an inspector and $125 for a City's Representative. The Contractor shall provide adequate lighting as required to comply with all applicable Federal and State regulations. 7\, 01014-1 2/10/17 City of Pearland WRF Chemical Containment Area Coating CONSTRUCTION SCHEDULING 1.03 CONSTRUCTION SCHEDULE A. The Contractor shall, within ten (10) days after the effective date of the Notice to Proceed, provide and submit to the City's Representative for approval,the schedule for the first 60 days of TO activities.. Within thirty (30) days after the effective date of the Notice to Proceed Agreement,the Contractor shall provide and submit to the City's Representative the schedule s/he plans to maintain in order to successfully complete all Work within the time allotted. The completed schedule shall be approved before additional monthly payments are made. This schedule shall include - a Critical Path Network and a computer-generated printout. The schedule shall account for all the work of the Contractor, his/her Subcontractors, and suppliers. In addition to all reasonably important construction activities, the schedule shall provide for, where applicable,the proper sequence of construction,the various key milestones,purchasing time, submittal approval, material delivery, fabrication, and similar time consuming factors. B. The project construction schedule shall include, at a minimum,the earliest starting and finish dates, latest starting and finish dates, and the total float for each scope item. The Contractor shall update (monitor) and rerun the schedule at least monthly and shall submit to the City's Representative both the network and computer print-out, both in duplicate, at the same time the pay estimate is prepared. The schedule shall contain all of the items of the Periodic Estimate and Pay Schedule. C. While the Contractor bears full responsibility for scheduling the Work to insure its successful prosecution and completion within the time specified in accordance with all provisions of these Specifications, the Contractor is specifically required to complete fully or complete such stages of work to enable his Subcontractors and suppliers to complete their work within the respective time specified. D. The monthly schedule update (monitoring) shall include the following items: 1. Critical Path Network(CPN) - a. Activities that are completed or in process are to be identified on the CPN by contrasting heavy lines, colors, fill patterns, etc. Each scope item worked on should be proportional to the percentage of progress achieved to date, as shown in the Periodic Estimate and Pay Schedule. b. Restraints imposed by material deliveries,precedent activity durations or schedule adjustments, are to be appropriately represented on the monthly update of the CPN. 01014-2 2/10/17 City of Pearland WRF Chemical Containment Area Coating CONSTRUCTION SCHEDULING 2. Computer Print-out a. The percentage progress status of each activity shall be shown on the computer print-out. The percentage progress status will be used to support the Contractor's periodic pay estimate. b. Actual start and completion dates are to be included in the computer printout. c. All activities started and in progress should be flagged in the computer printout. E. Supplemental to the Critical Path Schedule,the Contractor shall provide a detailed work schedule,projected at least a month in advance. The implementation of the work schedule and the coordination required will constitute the basic agenda of the coordination and planning meetings. F. If the City's Representative determines that operations are falling behind schedule at any time during the construction period,the City may require the Contractor to add to his construction forces, including increases in working hours, in such quantities as are required to bring operations back on schedule. Upon receipt of written communication from the City requiring such addition, the Contractor shall furnish same at no additional cost to the City. PART 2: PRODUCTS—NOT USED PART 3: EXECUTION—NOT USED END OF SECTION 01014-3 2/10/17 THIS PAGE INTENTIONALLY LEFT BLANK City of Pearland WRF Chemical Containment Area Coating SCHEDULE OF VALUES �` SECTION 0.1026 \ SCHEDULE OF VALUES PART 1: GENERAL 1.01 SCOPE OF WORK A. Submit a Schedule of Values to the City's Representative for approval within ten(10) calendar days after the effective date of the Notice to Proceed. B. Correlate line items in the Schedule of Values with other required administrative schedules and forms, including: 1. Construction Schedule. 2. Application for payment forms, including continuation sheets. 3. List of subcontractors. 4. List of products. 5. List of principal suppliers and fabricators. 6. Schedule of submittals. C. No payment.request(including the first) will be approved until the Schedule of Values has been approved by the City. 1.02 FORMAT AND CONTENT A. Use the Bid Form as a guide to establish the format for the Schedule of Values. 1. Include the following project identification: a. Project name and location. b. Project/contact identification number. c. Name of the City. d. Contractor's name and address. e. Date of submittal. r 01026-1 2/10/17 City of Pearland WRF Chemical Containment Area Coating SCHEDULE OF VALUES 2. Arrange the Schedule of Values in tabular form with columns to indicate the following for each item listed: a. Related Specification Section or Division. b. Description of Work. c. Name of subcontractor. d. Name of manufacturer or fabricator. e. Name of supplier. f. Change Orders (numbers)that affect value. g. Dollar value. • h. Percentage of Project Sum to nearest one-hundredth percent, adjusted to total 100 percent. 3. Provide a breakdown of the Project Sum in sufficient detail to facilitate evaluation of Applications for Payment. Break amounts down into several line items if needed. Round amounts to nearest whole dollar; the total shall equal the Project Sum. 4. Update and resubmit the Schedule of Values when Change Orders or Construction Change Directives change the Project Sum. 5. List all relevant submittals. PART 2: PRODUCTS—NOT USED PART 3: EXECUTION—NOT USED END OF SECTION 01026-2 2/10/17 City of Pearland WRF Chemical Containment Area Coating CONTROL OF WORK SECTION 01046 CONTROL OF WORK PART 1: GENERAL 1.01 PRIVATE LAND • A. Contractor shall not enter or occupy private land outside of easements, except by permission of the land owner and in accordance with Section 01145 —Use of Premises. 1.02 CARE AND PROTECTION OF PROPERTY A. Contractor shall be responsible for the preservation of all public and private property and shall use every precaution necessary to prevent damage thereto. If any direct or indirect damage is done to public or private property by or on account of any act, omission,neglect, or misconduct in the execution of the work on the part of the Contractor, such property shall be restored by the Contractor, at his/her expense, to a condition similar or equal to-that existing before the damage was done, or he/she shall make good the damage in other manner acceptable to the City's Representative. 1.03 PROTECTION OF EXISTING STRUCTURES AND UTILITIES A. Assume full responsibility for the protection of all buildings, structures, and utilities, public or private, including poles, signs, services to buildings, utilities in the street, gas pipes, water pipes, hydrants, sewers, drains and electric and telephone cables. Carefully support and protect all such structures and utilities from damage of any kind. Any damage resulting from the Contractor's operations shall be repaired by him/her at his/her expense. B. If permanent relocation of a utility owned by the City is required,the City may direct the Contractor, in writing,to perform the work. Work so ordered will be paid for as extra work. If relocation of a privately owned utility is required, the City will notify the Utility to perform the work as expeditiously as possible. The Contractor shall fully cooperate with the City and Utility and shall have no claim for delay due to such relocation. The Contractor shall notify all utility companies in writing at least 72 hours (excluding Saturdays, Sundays and Legal holidays) before excavating in any public way. 1.04 MAINTENANCE OF FLOW A. The Contractor shall provide all the necessary work, pumps,piping, equipment, and any other item required to insure that flow of sewers and drains are not interrupted during the progress of the work, and shall immediately cart away and remove all offensive matter. The entire procedure of maintaining existing flow shall be fully 01046-1 2/10/17 City of Pearland WRF Chemical Containment Area Coating CONTROL OF WORK discussed with the City's Representative well in advance of the interruption of any flow. Costs for maintenance of flow shall be paid for as shown in the Bid Form. 1.05 COOPERATION WITHIN THIS CONTRACT A. All firms or persons authorized to perform any work under this Contract shall cooperate with Contractor and his/her subcontractors or trades and shall assist in incorporating the work of other trades where necessary or required. B. Cutting and patching, drilling, and fitting shall be carried out where required by the trade or subcontractor having jurisdiction, unless otherwise indicated herein or directed by the City's Representative. 1.06 CLEANUP AND DISPOSAL OF EXCESS MATERIAL A. During the course of the work,the Contractor shall keep the site of his/her operations in as clean and neat a condition as is possible. He/She shall dispose of all residue resulting from the construction work and, at the conclusion of the work, he/she shall remove and haul away any surplus excavation, broken pavement, lumber, equipment, temporary structures and any other refuse remaining from the construction operations and shall leave the entire site of the work in a neat and orderly condition. B. In order to prevent environmental pollution arising from the construction activities related to the performance of this Contract,the Contractor and his/her subcontractors shall comply with all applicable Federal, State and local laws and regulations concerning waste material disposal and discharges to the storm sewer system, as well as the specific requirements stated in this Section and elsewhere in the Specifications. PART 2: PRODUCTS—NOT USED PART 3: EXECUTION—NOT USED END OF SECTION 01046-2 2/10/17 City of Pearland WRF Chemical Containment Area Coating SUMMARY OF WORK SUPPLEMENTARY SPECIFICATION SECTION 01100 SUMMARY OF WORK The following supplement modifies Specification Section 01100. Where a portion of the Specification is modified or deleted by this Supplementary Specification, the unaltered portions of the Specification shall remain in effect. 1. DELETE Paragraph 1.05B and REPLACE with the following paragraph "B. Contractor to submit project schedule to Engineer& Owner for approval as specified in Section 01350 Submittals." 2. DELETE Paragraph 1.05C and REPLACE with the following paragraph "C. Contractor shall coordinate the Work with the Engineer and Owner as specified in Section 01310 Coordination and Meetings." END OF SUPPLEMENT 01100-S-1 2/10/17 THIS PAGE INTENTIONALLY LEFT BLANK CITY OF PEARLAND SUMMARY OF WORK 05/2008 01100- 1 of2 Section 01100 (111.6\ SUMMARY OF WORK 1.0 GENERAL 1.01 SECTION INCLUDES A A summary of the Work to be performed under this Contract,work by Owner,Owner furnished products, Work sequence, future Work, Contractor's use of Premises, and Owner occupancy. 1.02 WORK COVERED BY CONTRACT DOCUMENTS A Work of the Contract is for the construction of the demolition of existing Sodium Hypochlorite and Sodium Bisulfite storage tanks,supplying and installing new Sodium Hypochlorite and Sodium Bisulfite storage tanks,the application of protective coatings within the existing chemical storage tank containment areas and associated ancillary work items (pre-construction photos, chemical containment area pipng,removal and reinstallation of electrical/insturmentation equipment, etc.) at the Barry Rose, Longwood and Southdown Water Reclamation Facilities (WRFs). B For a detailed description of Work covered under this contract refer to Appendices Al through A3 included at the end of this Project Manual. 1.03 WORK BY OWNER A None. 1.04 OWNER FURNISHED PRODUCTS A None. 1.05 WORK SEQUENCE A Perform work in accordance with Section 01311 Schedule and Sequence of Construction and adhere to the contract time requirements defined in the Agreement. B Contractor to submit project schedule to Engineer&Owner for approval as specified in Section 01300—Submittals. C Contractor shall coordinate the Work with the Engineer and Owner as specified in Section 01040 - Coordination and Meetings. 1.06 FUTURE WORK A None. (11116'\ 1.07 CONTRACTOR'S USE OF PREMISES CITY OF PEARLAND SUMMARY OF WORK 05/2008 01100- 1 of2 CITY OF PEARLAND SUMMARY OF WORK 05/2008 01100-2 of 2 A Comply with procedures for access to the site and Contractor's use of rights-of-way as specified in Section 01140 - Contractor's Use of Premises. B Contractor shall be responsible for all utilities required for construction. 1.08 OWNER OCCUPANCY A Cooperate with the Owner to minimize conflict, and to facilitate the Owner's operations. Coordinate Contractor's activities with Engineer. B Schedule Work to accommodate this requirement. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION-NotUsed END OF SECTION fl CITY OF PEARLAND SUMMARY OF WORK 05/2008 01100-2 of 2 City of Pearland ENVIRONMENTAL WRF Chemical Containment Area Coating PROTECTION PROCEDURES SECTION 01110 ENVIRONMENTAL PROTECTION PROCEDURES PART 1: GENERAL 1.01 SCOPE OF WORK A. The work covered by this Section consists of furnishing all labor, materials, and equipment and performing all work required for the prevention of environmental pollution in conformance with applicable laws and regulations, during and as the result of construction operations under this Contract. For the purpose of this Specification, environmental pollution is defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life; affect other species of importance to man; or degrade the utility of the environment for aesthetic and/or recreational purposes. B. The control of environmental pollution requires consideration of air, water, and land, and involves management of noise and solid waste, as well as other pollutants. C. Schedule and conduct all work in a manner that will minimize the erosion of soils in the area of the work. Provide erosion control measures such as sedimentation or filtration systems, berms, silt fences, seeding, mulching or other special surface (111.1 treatments as are required to prevent silting and muddying of streams, rivers, impoundments, lakes, etc. D. This Specification is intended to ensure that construction is achieved with a minimum of disturbance to the existing ecological balance between a water resource and its surroundings. These are general guidelines. It is the Contractor's responsibility to determine the specific construction techniques to meet these guidelines. E. All phases of sedimentation and erosion control shall comply with and be subject to the approval of the Texas Commission on Environmental Quality (TCEQ) and the U.S. Environmental Protection Agency (EPA). 1.02 MEASUREMENT AND PAYMENT A. The work specified in this Section shall be considered incidental and payment will be included as part of the appropriate unit prices specified in the Bid Form. 1.03 APPLICABLE REGULATIONS A. Comply with all applicable federal, state, and local laws and regulations concerning environmental pollution control and abatement. 01110-1 2/10/17 City of Pearland ENVIRONMENTAL WRF Chemical Containment Area Coating PROTECTION PROCEDURES B. The Contractor is required to familiarize himself with all federal, state, and local laws and regulations concerning environmental pollution control and abatement, and there shall be an irrebutable presumption between the parties that any failure to comply with same was done "knowingly." 1.04 NOTIFICATIONS A. The City's Representative will notify the Contractor in writing of any non- compliance with the foregoing provisions or of any environmentally objectional acts and corrective action to be taken. State or local agencies responsible for verification of certain aspects of the environmental protection requirements shall notify the Contractor in writing,through the City's Representative, of any non-compliance with state or local requirements. The Contractor shall, after receipt of such notice from the City's Representative or from the regulatory agency through the City's Representative, immediately take corrective action. Such notice, when delivered to the Contractor or his/her authorized representative at the site of the work, shall be deemed sufficient for the purpose. If the Contractor fails or refuses to comply promptly,the City may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to any such stop orders shall be made the subject of a claim for extension of time or for excess costs or damages by the Contractor unless it is later determined that the Contractor was in compliance. 1.05 IMPLEMENTATION A. Prior to commencement of the work,meet with the City to develop mutual understandings relative to compliance with this provision and administration of the environmental pollution control program. B. Remove temporary environmental control features, when approved by the City's Representative, and incorporate permanent control features into the project at the earliest practicable time. 1.06 PROTECTION OF WATERWAYS A. The Contractor shall observe the rules and regulations of the State of Texas and agencies of the U.S. Government prohibiting the pollution of any lake, stream, river, or wetland by the dumping of any refuse,rubbish, dredge material, or debris therein. B. Contractors are specifically cautioned that disposal of materials into any waters of the State must conform with the requirements of the TCEQ, and an applicable permit from the U.S. Army Corps of Engineers. C. The Contractor shall be responsible for providing holding ponds or an approved method which will handle, carry through, or divert around his work all flows, 01110-2 2/10/17 City of Pearland ENVIRONMENTAL WRF Chemical Containment Area Coating PROTECTION PROCEDURES (1111 including storm flows and flows created by construction activity, so as to prevent silting of waterways or flooding damage to the property or adjacent properties. D. The Contractor is responsible for researching the need for a Texas Pollutant Discharge Elimination System (TPDES)permit for the construction site. If one is required,the Contractor is responsible for obtaining the permit and for monitoring the site per the permit requirements until final completion. Refer to Section 01565— TPDES Requirements. 1.07 DISPOSAL OF EXCESS EXCAVATION AND OTHER WASTE MATERIALS A. Material not suitable for backfill and other waste material must be disposed of at sites approved by the City. Excess excavated material suitable for backfill but not used shall be spread in designated spoils areas as approved by the City. B. Unacceptable disposal sites include, but are not limited to, sites within a wetland or critical habitat and sites where disposal will have a detrimental effect on surface water or groundwater quality. C. The Contractor may make his own arrangements for disposal subject to submission of proof to the City's Representative that the City(s) of f the proposed site(s)has a valid fill permit issued by the appropriate governmental agency and submission of a haul route plan including a map of the proposed route(s). (11. D. The Contractor shall provide watertight conveyance of any liquid; semi-liquid, or saturated solids which tend to bleed or leak during transport. No liquid loss from transported materials will be permitted whether being delivered to the construction site or being hauled away for disposal. Fluid materials hauled for disposal must be specifically acceptable at the selected disposal site. 1.08 USE OF CHEMICALS A. All chemicals used during project construction or furnished for project operation, whether herbicide,pesticide, disinfectant,polymer, reactant or of other classification, must show approval of either the U.S. EPA or the U.S. Department of Agriculture or any other applicable regulatory agency. Use of all such chemicals and disposal of residues shall be in conformance with the manufacturer's instructions. B. Any oil or other hydrocarbon spilled or dumped on the City's site or adjacent property during construction must be excavated and completely removed from the site prior to final acceptance. Soil contaminated by the Contractor's operations shall become the property of the Contractor, who will bear all costs of testing and disposal. PART 2: PRODUCTS—NOT USED 7\, 01110-3 2/10/17 City of Pearland ENVIRONMENTAL WRF Chemical Containment Area Coating PROTECTION PROCEDURES PART 3: EXECUTION 3.01 PROTECTION OF STREAMS A. Care shall be taken to prevent, or reduce to a minimum, any damage to any stream from pollution by debris, sediment or other material, or from the manipulation of equipment and/or materials in or near such streams. Water that has been used for washing or processing, or that contains oils or sediments that will reduce the quality of the water in the stream, shall not be directly returned to the stream. Such waters will be diverted through a settling basin or filter before being directed into the streams. B. The Contractor shall not discharge water from dewatering operations directly into any live or intermittent stream, channel, wetlands, surface water or any storm sewer. Water from dewatering operations shall be treated by filtration, settling basins, or other approved method to reduce the amount of sediment contained in the water. C. All preventative measures shall be taken to avoid spillage of petroleum products and other pollutants. In the event of any spillage, prompt remedial action shall be taken in accordance with a contingency action plan approved by TCEQ. Contractor shall submit two copies of approved contingency plans to the City's Representative. 3.02 PROTECTION OF LAND RESOURCES A. Land resources within the project boundaries and outside the limits of permanent work shall be restored to a condition, after completion of construction,that will appear to be natural and not detract from the appearance of the project. Confine all construction activities to areas specified by the City. B. Outside of areas requiring earthwork for the construction of the new facilities,the Contractor shall not deface, injure, or destroy trees or shrubs, nor remove or cut them without prior approval. No ropes, cables, or guys shall be fastened to or attached to any existing nearby trees for anchorage unless specifically authorized by the City's Representative. Where such special emergency use is permitted, first wrap the trunk with a sufficient thickness of burlap or rags over which softwood cleats shall be tied before any rope, cable, or wire is placed. The Contractor shall in any event be responsible for any damage resulting from such use. C. Where trees may possibly be defaced, bruised, injured, or otherwise damaged by the Contractor's equipment, dumping or other operations,protect such trees by placing boards, planks, or poles around them. Monuments and markers shall be protected similarly before beginning operations near them. D. Any trees or other landscape feature scarred or damaged by the Contractor's equipment or operations shall be restored as nearly as possible to its original condition. The City's Representative will decide what method of restoration shall be 01110-4 2/10/17 City of Pearland ENVIRONMENTAL WRF Chemical Containment Area Coating PROTECTION PROCEDURES used and whether damaged trees shall be treated and healed or removed and disposed of. 1. All scars made on trees by equipment, construction operations, or by the removal of limbs larger than 1-in. in diameter shall be coated as soon as possible with an approved tree wound dressing. All trimming or pruning shall be performed in an approved manner by experienced workmen with saws or pruning shears. Tree trimming with axes will not be permitted. 2. Climbing ropes shall be used where necessary for safety. Trees that are to remain, either within or outside established clearing limits,that are subsequently damaged by the Contractor and are beyond saving in the opinion of the City's Representative, shall be immediately removed and replaced. E. The locations of the Contractor's storage, and other construction buildings, required temporarily in the performance of the work, shall be cleared portions of the job site and shall require written approval of the City's Representative and shall not be within wetlands or floodplains. The preservation of the landscape shall be an imperative consideration in the selection of all sites and in the construction of buildings. Drawings showing storage facilities shall be submitted by the Contractor for approval of the City's Representative. F. If the Contractor proposes to construct temporary roads or embankments and excavations for plant and/or work areas, he/she shall submit the following for (11111 \ approval at least ten days prior to scheduled start of such temporary work. 1. A layout of all temporary roads, excavations, and embankments to be constructed within the work area. 2. Details of temporary road construction. 3. Drawings and cross sections of proposed embankments and their foundations, including a description of proposed materials. 4. A landscaping drawing showing the proposed restoration of the area. Removal of any trees and shrubs outside the limits of existing clearing area shall be indicated. The drawing shall also indicate location of required guard posts or barriers required to control vehicular traffic passing close to trees and shrubs to be maintained undamaged. The drawing shall provide for the obliteration of construction scars as such and shall provide for a natural appearing final condition of the area. Modification of the Contractor's approved drawings shall be made only with the written approval of the City's Representative. No unauthorized road construction, excavation, or embankment construction including disposal areas will be permitted. 01110-5 2/10/17 City of Pearland ENVIRONMENTAL WRF Chemical Containment Area Coating PROTECTION PROCEDURES G. Remove all signs of temporary construction facilities such as haul roads, work areas, structures, foundations of temporary structures, stockpiles of excess or waste J materials,or any other vestiges of construction as directed by the City's Representative. It is anticipated that excavation, filling, and plowing of roadways will be required to restore the area to near natural conditions which will permit the growth of vegetation thereon. Hydromulch seed or sod the disturbed areas in accordance with Sections 02921 and 02922. H. All debris and excess material will be disposed of outside wetland or floodplain areas in an environmentally sound manner. 3.03 PROTECTION OF AIR QUALITY A. Burning. The use of burning at the project site for the disposal of refuse and debris will not be permitted. B. Dust Control. The Contractor will be required to maintain all excavations, embankment, stockpiles, access roads,plant sites, waste areas, borrow areas, and all other work areas within or without the project boundaries free from dust which could cause the standards for air pollution to be exceeded, and which would cause a hazard or nuisance to others. C. An approved method of stabilization consisting of sprinkling or other similar methods will be permitted to control dust. The use of petroleum products is prohibited. The use of chlorides may be permitted with approval from the City's Representative. D. Sprinkling,to be approved, must be repeated at such intervals as to keep all parts of the disturbed area at least damp at all times, and the Contractor must have sufficient suitable equipment on the job to accomplish this if sprinkling is used. Dust control shall be performed as the work proceeds and whenever a dust nuisance or hazard occurs, as determined by the City's Representative. 3.04 MAINTENANCE OF POLLUTION CONTROL FACILITIES DURING CONSTRUCTION A. During the life of this Contract, maintain all facilities constructed for pollution control as long as the operations creating the particular pollutant are being carried out or until the material concerned has become stabilized to the extent that pollution is no longer being created. 01110-6 2/10/17 City of Pearland ENVIRONMENTAL WRF Chemical Containment Area Coating PROTECTION PROCEDURES (.11"4\ 3.05 NOISE CONTROL A. The Contractor shall make every effort to minimize noises caused by his/her operations. Equipment shall be equipped with silencers or mufflers designed to operate with the least possible noise in compliance with state and federal regulations. END OF SECTION C1.6\ 01110-7 2/10/17 THIS PAGE INTENTIONALLY LEFT BLANK City of Pearland CONTRACTOR'S WRF Chemical Containment Area Coating USE OF PREMISES SUPPLEMENTARY SPECIFICATION SECTION 01140 CONTRACTOR'S USE OF PREMISES The following supplement modifies Specification Section 01140. Where a portion of the Specification is modified,or deleted by this Supplementary Specification, the unaltered portions of the Specification shall remain in effect. 1. Delete 1.01B Reference to the following Technical Specifications: a. "Section 01730—Cutting& Patching" b. "Section 01555—Traffic Control &Regulation" c. "Section 01720—Field Surveying" d. "Section 02980—Pavement Repair" e. "Section 02770—Curb, Curb & Gutter, &Headers" f. "Section 02255 —Bedding, Backfill, & Embankment Materials" g. "Section 02922—Sodding" h. "Section 02921 —Hydromulch Seeding" END OF SUPPLEMENT 01140-S-1 2/10/17 THIS PAGE INTENTIONALLY LEFT BLANK '-41) • CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES Section 01140 CONTRACTOR'S USE OF PREMISES 1.0 GENERAL 1.01 SECTION INCLUDES A General use of the Project Site including properties inside and outside of the limits of construction, work affecting roads, ramps, streets and driveways and notification to adjacent occupants. B References to Technical Specifications: 1 Section 01350—Submittals 2 Section 01730—Cutting&Patching 3 Section 01555—Traffic Control &Regulation 4 Section 01562—Waste Material Disposal 5 Section 01720—Field Surveying 6 Section 02980—Pavement Repair 7 Section 02770—Curbs, Curb &Gutter, &Headers 8 Section 02255—Bedding, Backfill, &Embankment Materials 9 Section 02922—Sodding 10 Section 02921 —Hydromulch Seeding 1.02 SUBMITTALS (.**\, A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 LIMITS OF CONSTRUCTION A Confine access,operations,and storage areas to limits of construction as shown on the Plans provided by Owner as stipulated in Section 00700 — General Conditions of Agreement; trespassing on abutting lands or other lands in the area is not allowed. B Contractor may make arrangements,at Contractor's cost,for temporary use of private properties,in which case Contractor and Contractor's surety shall indemnify and hold - harmless the Owner against claims or demands arising from such use of properties outside of the limits of construction. 1. Improvements to private properties made for the Contractor's use must be removed upon completion of the Work. a. No fill material may be placed in temporary work areas or on adjacent private properties without the written permission of the Engineer or the issuance of a Fill Permit by the City of Pearland or other governing entity. C Restrict total length which materials may be distributed along the route of the (11.16‘' construction at any one time to 1,000 linear feet unless otherwise approved by Engineer. 02/2008 01140- 1 of 4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES 1.04 PROPERTIES OUTSIDE OF LIMITS OF CONSTRUCTION A Altering the condition of properties adjacent to and along the limits of construction will not be permitted unless authorized by the Engineer and property owner(s). B Means,methods,techniques, sequences, or procedures which will result in damage to properties or improvements in the vicinity outside of the limits of construction will not be permitted. C Any damage to properties outside of the limits of construction shall be repaired or replaced to the satisfaction of the Engineer and at no cost to the Owner. D Contractor shall protect or replace all property corners, monuments or other demarcations disturbed, damaged or lost as a result of his activities. The replacement of these devices shall be properly documented to the satisfaction of the City by a Registered Public Land Surveyor with copies delivered to the Owner or private property owner. 1.05 USE OF SITE A Obtain approvals of governing authorities prior to impeding or closing public roads or streets. Do not close consecutive intersections simultaneously B Notify Engineer 48 hours prior to closing a street or a street crossing. Permits for street closures are required in advance and are the responsibility of the Contractor. C Maintain access for emergency vehicles including access to fire hydrants. D Avoid obstructing drainage ditches or inlets; when obstruction is unavoidable due to requirements of the Work, provide grading and temporary drainage structures to maintain unimpeded flow. E Locate and protect private lawn sprinkler systems which may exist on rights-of-ways within the Project Site. Repair or replace damaged systems to condition equal to or better than that existing at start of the Work. F When required by the Work, cutting, patching, and fitting of Work to existing facilities,accommodating installation or connection of Work with existing facilities,or uncovering Work for access, inspection, or testing shall be performed in accordance with Section 01730—Cutting &Patching. G Fires are not permitted on the Project Site. 1.06 NOTIFICATION TO ADJACENT OCCUPANTS A Notify individual occupants in areas to be affected by the Work of the proposed construction and time schedule. Notification shall be 24 hours,72 hours and 2 weeks prior to work being performed within 200 feet of the homes or businesses. 02/2008 01140-2 of 4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES B Include in notification names and telephone numbers of two representatives for resident contact,who will be available on 24-hour call. Include precautions which will be taken to protect private property and identify potential access or utility inconvenience or disruption. C Submit proposed notification to Engineer for approval. Consideration shall be given to the ethnicity of the neighborhood where English is not the dominant language. Notice shall be in an understandable language. 1.07 EXCAVATION IN STREETS AND DRIVEWAYS A Avoid hindering or needlessly inconveniencing public travel on a street or any intersecting alley or street for more than two blocks at any one time, except by permission of the Engineer. B Obtain the Engineer's approval when the nature of the Work requires closing of an entire street. Permits required for street closure are the Contractor's responsibility. Avoid unnecessary inconvenience to abutting property owners. C Remove surplus materials and debris and open 1000 feet or less for public use as work in that block is complete. D Acceptance of any portion of the Work will not be based on return of street to public use. E Avoid obstructing driveways or entrances to private property. F Provide temporary crossing or complete the excavation and backfill in one continuous operation to minimize the duration of obstruction when excavation is required across drives or entrances. G Provide barricades and signs in accordance with Section 01555 —Traffic Control & Regulation. 1.08 CLEAN-UP A Maintain Project Site in a neat and orderly manner. B Perform daily clean-up in and around construction zone of dirt,debris,scrap materials, other disposable items. C Leave streets, driveways, and sidewalks broom-clean or its equivalent at the end of each work day. D Promptly remove barriers, signs,and components of other control systems that are no longer being utilized. E Dispose of waste and excess materials in accordance with requirements of Section 01562—Waste Material Disposal. 02/2008 01140-3 of 4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES 1.09 RESTORATION A Restore damaged permanent facilities to pre-construction conditions unless replacement or abandonment of facilities is indicated on the Plans. B Repair/Replace removed or damaged pavement in accordance with Section 02980— Pavement Repair and removed or damaged curbs, gutters, and headers in accordance with Section 02770 — Curbs, Curb & Gutter, & Headers. Repair/Replace with like materials to match existing style, lines, grades, etc., unless otherwise directed by Engineer. C Repair turf areas which become damaged by Contractor's operations at no additional cost to Owner. Level with bank sand or topsoil, conforming to Section 02255—Bedding, Backfill, & Embankment Materials, as approved by the Engineer. Provide sodding in areas of residential land use over the surface of ground disturbed during construction and not paved, or not designated to be paved, in accordance with Section 02922—Sodding. Use only block sodding; do not use spot sodding or sprigging Provide hydromulch seeding in areas of commercial, industrial or undeveloped land use, over the surface of ground disturbed during construction and not paved, or not designated to be paved, in accordance with Section 02921 —Hydromulch Seeding. Water and level newly sodded areas with adjoining turf using steel wheel rollers appropriate for sodding. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01140-4 of 4 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES Section 01200 MEASUREMENT AND PAYMENT PROCEDURES 1.0 GENERAL 1.01 SECTION INCLUDES A Procedures for measurement and payment of Work. B Conditions for nonconformance assessment and nonpayment for rejected products. C References to Technical Specifications: See Bid Proposal Sheet D Reference Standards: 1. Concrete Reinforcing Steel Institute (CRSI) 2. American Institute of Steel Construction (AISC) 1.02 AUTHORITY A Units and methods delineated in this Section are intended to complement the criteria of the Technical Specifications and Section 00300—Bid Proposal. B In the event of conflict, the unit specified for Bid Items in Section 00300 — Bid Proposal shall govern. C Measurements and quantities submitted bythe Contractor will be verified bythe _ Engineer. D Contractor shall provide necessary equipment, workers, and survey personnel as required by Engineer to verify quantities. 1.03 UNIT QUANTITIES SPECIFIED A Quantity and measurement estimates stated in Section 00300—Bid Proposal are for contract purposes only. Quantities and measurements supplied or placed in the Work, authorized and verified by Engineer shall determine payment as stated in Section. 00700—General Conditions of Agreement. B If the actual Work requires greater or lesser quantities than those quantities indicated in Section 00300 — Bid Proposal, provide the required quantities at the unit prices contracted except as otherwise stated in Section 00700 — General Conditions of Agreement or in executed Change Order. 1.04 MEASUREMENT OF QUANTITIES A Measurement by Weight: Reinforcing steel, rolled or formed steel or other metal shapes will be measured by CRSI or AISC Manual of Steel Construction weights. Welded assemblies will be measured by CRSI or AISC Manual of Steel Construction or scale weights. 05/2007 01200- 1 of 3 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES B Measurement by Volume: 1. Stockpiles: Measured by cubic dimension using mean length, width, and height or thickness. 2. Excavation and Embankment Materials: Measured by cubic dimension using the average end area method. C Measurement by Area: Measured by square dimension using mean length and width or radius. D Linear Measurement: Measured by linear dimension, at the item centerline or mean chord. E Stipulated Price Measurement: By unit designated in the agreement. F Other: Items measured by weight, volume, area, or lineal means or combination, as appropriate, as a completed item or unit of the Work. _ 1.05 PAYMENT A Payment includes full compensation for all required supervision,labor,products,tools, equipment,plant,transportation,services,and incidentals;and erection,application or installation of an item of the Work; and Contractor's overhead and profit. The price bid shall include the total cost for required Work. Claims for payment as Unit Price Work not specifically covered in Section 00300—Bid Proposal will not be accepted. B Progress Payments for Unit Price Work will be based on the Engineer's observations and evaluations of quantities incorporated in the Work multiplied by the unit price. C Progress Payments for Lump Sum Work will be based on the Engineer's observations and evaluations of the percentage of quantities included in the schedule of values incorporated in the Work. D Final Payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities determined by Engineer multiplied by the unit price for Work which is incorporated in or made necessary by the Work. 1.06 NONCONFORMANCE ASSESSMENT A Remove and replace the Work, or portions of the Work, not conforming to the Contract Documents. B If, in the opinion of the Engineer, it is not practical to remove and replace the Work, the Engineer will direct one of the following remedies: 1. The nonconforming Work will remain as is,but the unit price will be adjusted to a lower price at the discretion of the Engineer. 2. The nonconforming Work will be modified as authorized by the Engineer, and the unit price will be adjusted to a lower price at the discretion of the Engineer, if the modified Work is deemed to be less suitable than originally n specified. 05/2007 01200-2 of 3 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES C Individual Technical Specifications may modify these options or may identify a specific formula or percentage price reduction. D The authority of the Engineer to assess the nonconforming Work and identify payment adjustment is final. 1.07 NONPAYMENT FOR REJECTED PRODUCTS A Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable to Engineer. 2. Products determined as nonconforming before or after placement. 3. Products not completely unloaded from transporting vehicle. 4. Products placed beyond the lines and levels of the required Work. 5. Products remaining on hand after completion of the Work,unless specified otherwise. 6. Loading, hauling, and disposing of rejected products. 2.0 PRODUCTS - Not Used 3:0 EXECUTION - NotUsed END OF SECTION 05/2007 01200-3 of 3 THIS PAGE INTENTIONALLY LEFT BLANK City of Pearland WRF Chemical Containment Area Coating CHANGE ORDER PROCEDURES SUPPLEMENTARY SPECIFICATION SECTION 01290 CHANGE ORDER PROCEDURES The following supplement modifies Specification Section 01290. Where a portion of the Specification is modified or deleted by this Supplementary Specification,the unaltered portions of the Specification shall remain in effect. 1. Delete paragraph 1.04 D.3. and replace with the following paragraph "3. Overhead and profit as noted in Section 00700—General Conditions of Agreement, 7.06 "Extra Work"." 2. Delete paragraph 1.05 A. and replace with the following paragraph "A. Changes to Contract Price or Contract Time can only be made by issuance of a Change Order. Issuance of a Work Change Directive or written acceptance by the Engineer of changes will be formalized into Change Orders. All such changes will be in accordance with the requirements of Section 00700—General Conditions of Agreement, 7.03 "Change Orders"." 3. Delete paragraph 1.05 B. and replace with the following paragraph 11111116. "B. The Engineer will advise Contractor of Minor Changes in the Work not involving g an adjustment to Contract Price or Contract Time as authorized by Section 00700— General Conditions of Agreement, 7.05 "Minor Changes",by issuing supplemental instructions"." 4. Add paragraph 1.13 A. as follows "A. Contractor shall utilize City of Pearland's Protrak system for construction tracking of Requests for Information (RFI), Requests for Proposal (RFP), and Change Orders. RFIs should precede Change Orders or Requests for Proposal for proper construction tracking." END OF SUPPLEMENT 01290-S-1 2/10/17 THIS PAGE INTENTIONALLY LEFT BLANK CITY OF PEARLAND CHANGE ORDER PROCEDURES Section 01290 CHANGE ORDER PROCEDURES • 1.0 GENERAL 1.01 SECTION INCLUDES A Procedures for processing Change Orders, including: 1. Assignment of a responsible individual for approval and communication of changes in the Work; 2. Documentation of change in Contract Price and Contract Time; 3. Change procedures, using proposals and construction contract modifications,Work Change Directive, Stipulated Price Change Order, Unit Price Change Order, Time and Materials Change Order; 4." Execution of Change Orders; 5. Correlation of Contractor Submittals. B References to Technical Specifications: 1. Section 01350—Submittals - 2. Section 01760—Project Record Documents C Other References: 1. Rental Rate Blue Book for Construction Equipment (Data Quest Blue Book). Rental Rate is defined as the full unadjusted base rental rate for the appropriate item of construction equipment. 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 RESPONSIBLE INDIVIDUAL A Contractor shall provide a letter indicating the name and address of the individual authorized to execute change documents, and who shall also be responsible for informing others in Contractor's employ and Subcontractors of changes to the Work. The information shall be provided at the-Preconstruction Conference. 1.04 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND CONTRACT TIME A Provide full information required for identification and evaluation of proposed changes, and to substantiate costs of proposed changes in the Work. B Contractor shall document each Proposal for Change in cost or time with sufficient data to allow for its evaluation. (111 \ 02/2008 01290- 1 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES C Proposal for Change shall include, as a minimum, the following information as applicable: 1. Original Quantities of items in Section 00300—Bid Proposal with additions, reductions, deletions, and substitutions. 2. When Work items were not included in Section 00300—Bid Proposal, Contractor shall provide unit prices for the new items, with supporting information as required by the Engineer. 3. Justification for any change in Contract Time. 4. Additional data upon request. D For changes in the Work performed on a time-and-material basis, the following additional information may be required: 1. Quantities and description of products and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit as noted in Section 00700—General Conditions of Agreement, 7.03 "Extra Work". 4. Dates and times work was performed, and by whom. 5. Time records and certified copies of applicable payrolls. 6. Invoices and receipts for products,rented equipment, and subcontracts, similarly documented. E Rented equipment will be paid to the Contractor by actual invoice cost for the duration of time required to complete the extra work. If the extra work comprises only a portion of the rental invoice where the equipment would otherwise be on the site,the Contractor shall compute the hourly equipment rate by dividing the actual monthly invoice by 176. (One day equals 8 hours and one week equals 40 hours.) Operating costs shall not exceed the estimated operating costs given for the item of equipment in the Blue Book. F For changes in the work performed on a time-and-materials basis using Contractor- owned equipment, compute rates with the Blue Book as follows: 1. Multiply the appropriate Rental Rate by an adjustment factor of 70 percent plus the full rate shown for operating costs. The Rental Rate utilized shall be the lowest cost combination of hourly, daily, weekly or monthly rates. Use 150 percent of the Rental Rate for double shifts (one extra shift per day) and 200 percent of the Rental Rate for more than two shifts per day. No other rate adjustments shall apply. 2. Standby rates shall be 50 percent of the appropriate Rental Rate shown in the Blue Book. Operating costs will not be allowed. 1.05 CHANGE PROCEDURES A Changes to Contract Price or Contract Time can only be made by issuance of a Change Order. Issuance of a Work Change Directive or written acceptance by the Engineer of changes will be formalized into Change Orders. All such changes will be in accordance with the requirements of Section 00700 — General Conditions of Agreement, 7.01 "Change Orders". 02/2008 01290-2 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES B The Engineer will advise Contractor of Minor Changes in the Work not involving an ClihN adjustment to Contract Price or Contract Time as authorized by Section 00700 — General Conditions of Agreement, 7.02 "Minor Changes", by issuing supplemental instructions. C Contractor may request clarification of Plans, Technical Specifications or Contract Documents or other information. Response by the Engineer to a Request for Information does not authorize the Contractor to perform tasks outside the scope of the Work. All changes must be authorized as described in this Section. 1.06 PROPOSALS FOR CHANGE AND CONTRACT MODIFICATION A The Engineer may issue a Request for Proposal,which includes a detailed description of a proposed change with supplementary or revised Plans and Technical Specifications.The Engineer may also request a proposal in the response to a Request for Information. Contractor will prepare and submit its Proposal for Change within 7 days or as specified in the request. B The Contractor may propose an unsolicited change by submitting a Proposal for Change to the Engineer describing the proposed change and its full effect on the Work, with a statement describing the reason for the change and the effect on the Contract Price and Contract Time including full documentation. (111. ` 1.07 WORK CHANGE DIRECTIVE A Engineer may issue a signed Work Change Directive instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B The document will describe changes in the Work'and will designate a method of determining any change in Contract Price or Contract Time. C Contractor shall proceed promptly to execute the changes in the Work in accordance with the Work Change Directive. 1.08 STIPULATED PRICE CHANGE ORDER A A Stipulated Price Change Order will be based on an accepted Proposal for Change including the Contractor's lump sum price quotation. 1.09 UNIT PRICE CHANGE ORDER A Where Unit Prices for the affected items of the Work are included in Section 00300- Bid Proposal , the Unit Price Change Order will be based on unit prices as originally bid, subject to provisions of Section 00700—General Conditions of Agreement. B Where unit prices of the Work are not pre-determined in Section 00300 — Bid Proposal, Work Change Directive or accepted Proposal for Change will specify the unit prices to be used. 02/2008 01290-3 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES 1.10 TIME-AND-MATERIAL CHANGE ORDER A Contractor shall provide an itemized account and supporting data after completion of change,within time limits indicated for claims in Section 00700—General Conditions of Agreement. B Engineer will determine the change allowable in Contract Price and Contract Time as provided in Section 00700—General Conditions of Agreement. C Contractor shall maintain detailed records of work done on time-and-material basis as specified in this Section, 1.04 "Documentation of Change in Contract Price and Contract Time". D Contractor shall provide full information required for evaluation of changes,and shall substantiate costs for changes in the Work. 1.11 EXECUTION OF CHANGE DOCUMENTATION A Engineer will issue Change Orders, Work Change Directives, or accepted Proposals for Change for signatures of parties named in Section 00500 — Standard Form of Agreement. 1.12 CORRELATION OF CONTRACTOR SUBMITTALS A For Stipulated Price Contracts, Contractor shall promptly revise Schedule of Values n and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Price. B For Unit Price Contracts,the next monthly Application for Payment of the Work after acceptance of a Change Order will be revised to include any new items not previously included and the appropriate unit rates. C Contractor shall promptly revise progress schedules to reflect any change in Contract Time, and shall revise schedules to adjust time for other items of work affected by the change, and resubmit for review. D Contractor shall promptly enter changes to the on-site and record copies of the Plans, Technical Specifications or Contract Documents as required in Section 01760 — Project Record Documents. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01290-4 of 4 CITY OF PEARLAND COORDINATION AND MEETINGS Section 01310 COORDINATION AND MEETINGS 1.0 GENERAL 1.01 SECTION INCLUDES A Section includes general coordination including Preconstruction Conference, Site Mobilization Conference, and Progress Meetings. B References to Technical Specifications: 1. Section 01100—Summary of Work 1.02 RELATED DOCUMENTS A Coordination is required throughout the documents. Refer to all of the Contract Documents and coordinate as necessary. 1.03 ENGINEER AND REPRESENTATIVES A The Engineer may act directly or through designated representatives as defined in Section 00700 — General Conditions of Agreement, 1.01 "Owner, Contractor, and Engineer", and as identified by name at the Preconstruction Conference. 1.04 CONTRACTOR COORDINATION A Coordinate scheduling,submittals,and work of the various Technical Specifications to assure efficient and orderly sequence of installation of interdependent construction elements. B Coordinate completion and clean up of the Work for Substantial Completion and for portions of the Work designated for Owner's partial occupancy. C Coordinate access to Project Site for correction of nonconforming work to minimize disruption of Owner's activities where Owner is in partial occupancy. 1.05 PRECONSTRUCTION CONFERENCE A Engineer will schedule a Preconstruction Conference. B Attendance Required: Engineer's representatives,Consultants,Contractor,and major Subcontractors. C Agenda: 1. Distribution of Contract Documents. 2. Designation of personnel representing the parties to the Contract, and the Consultant. 3. Review of insurance. 02/2008 01310- 1 of 3 CITY OF PEARLAND COORDINATION AND MEETINGS 4. Discussion of formats proposed by the Contractor for Schedule of Values, and Construction Schedule. 5. Discussion of required Submittals, including, but not limited to, Work Plans, Traffic Control Plans, Safety Programs, Construction Photographs. 6. Procedures and processing of Shop Drawings and other submittals, substitutions, Applications for Payment, Requests for Information, Request for Proposal, Change Orders, and Contract Closeout. 7. Scheduling of the Work and coordination with other contractors. 8. Review of Subcontractors. 9. Appropriate agenda items listed in this Section, 1.06 "Site Mobilization Conference", when Preconstruction Conference and Site Mobilization Conference are combined. 10. Procedures for testing. 11. Procedures for maintaining Project Record Documents. 12. Designation of the individual authorized to execute change documents and their responsibilities. 13. Discussion of requirements of a Trench Safety Program. 1.06 SITE MOBILIZATION CONFERENCE A When required by Section 01100—Summary of Work,Engineer will schedule a Site Mobilization Conference at the Project Site prior to Contractor occupancy. B Attendance Required: Engineer representatives, Consultants, Contractor's Superintendent, and major Subcontractors. C Agenda: 1. Use of premises by Owner and Contractor 2. Safety and first aid procedures 3. Construction controls provided by Owner 4. Temporary utilities 5. Survey and layout 6. Security and housekeeping procedures 1.07 PROGRESS MEETINGS A Progress Meetings shall be held at Project Site or other location as designated by the Engineer. Meeting shall be held at monthly intervals, or more frequent intervals if directed by Engineer. B Attendance Required: Job superintendent, major Subcontractors and suppliers, Engineer representatives, and Consultants as appropriate to agenda topics for each meeting. C Engineer or City's representative will make arrangements for meetings,and recording minutes. Th D Engineer or City's representative will prepare the agenda and preside at meetings. 02/2008 01310-2 of 3 CITY OF PEARLAND COORDINATION AND MEETINGS E Contractor shall provide required information and be prepared to discuss each agenda item. F Agenda: 1. Review minutes of previous meeting. 2. Review of Construction Schedule, Applications for Payment, payroll and compliance submittals. 3. Field observations,problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of Submittal Schedule and status of submittals. 6. Review status of Requests for Information, Requests for Proposal. 7. Review status of Change Orders. 8. Review of off-site fabrication and delivery schedules. 9. Maintenance of updates to Construction Schedule. 10. Corrective measures to regain projected schedules. 11. Planned progress during succeeding work period. 12. Coordination of projected progress. 13. Maintenance of quality and work standards. 14. Effect of proposed changes on Construction Schedule and coordination. 15. Other items relating to the Work. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - Not Used END OF SECTION (lib\ 02/2008 01310-3 of 3 THIS PAGE INTENTIONALLY LEFT BLANK City of Pearland WRF Chemical Containment Area Coating SUBMITTALS Cwi'\ SUBMITTALS SECTION 01350 CONTRACTOR'S USE OF PREMISES The following supplement modifies Specification Section 01350. Where a portion of the Specification is modified or deleted by this Supplementary Specification, the unaltered portions of the Specification shall remain in effect. 1. Delete 1.O1B Reference to the Technical Specification: "Section 02530—Gravity Sanitary Sewers" END OF SUPPLEMENT (1611 \ 01350-S-1 2/10/17 THIS PAGE INTENTIONALLY LEFT BLANK '�°, CITY OF PEARLAND SUBMITTALS Section 01350 SUBMITTALS 1.0 GENERAL This Section contains general lists of Submittals and Technical Specifications that may be required for the Work. When Submittals are required elsewhere in these Technical Specifications, refer to this Section for Submittal requirements and procedures. 1.01 SECTION INCLUDES A Submittal procedures for: 1. Schedule of Values 2. Construction Schedules 3. Shop Drawings, Product Data, and Samples 4. Operations and Maintenance Data 5. Manufacturer's Certificates 6. Construction Photographs 7. Project Record Documents 8. Design Mixes B References to the following Technical Specifications: 1. Section 01310—Coordination &Meetings 2. Section 01630—Product Options & Substitutions 3. Section 01100—Summary of Work 4. Section 01380—Construction Photographs 5. Section 01760—Project Record Documents 6. Section 02530—Gravity Sanitary Sewers 1.02 SUBMITTAL PROCEDURES A Scheduling and Handling 1. Schedule Submittals well in advance of the need for material or equipment for construction. Allow time to make delivery of material or equipment after Submittal is approved. 2. Develop a Submittal Schedule that allows sufficient time for initial review, correction,resubmission and final review of all submittals.The Engineer will review and return submittals to the Contractor as expeditiously as possible but the amount of time required for review will vary depending on the complexity and quantity of data submitted. In no case will a Submittal Schedule be acceptable which allows less than 30 days for initial review by the Engineer. This time for review shall in no way be justification for delays or additional compensation to the Contractor. 3. The Engineer's review of submittals covers conformity to the Plans,Technical Specifications, and dimensions which affect the layout. The Contractor is responsible for quantity determination. The Contractor is responsible for any errors, omissions or deviations from the Contract requirements; review of 01/2008 01350- 1 of 6 CITY OF PEARLAND SUBMITTALS submittals in no way relieves the Contractor from his obligation to furnish required items according to the Plans and Technical Specifications. 4. Submit 5 copies of documents unless otherwise specified in this Section or by individual Technical Specifications. 5. Revise and resubmit submittals as required. Identify all changes made since previous submittal. 6. The Contractor shall assume the risk for material or equipment which is fabricated or delivered prior to approval. No material or equipment shall be incorporated into the Work or included in Applications for Payment until approval has been obtained in the specified manner. B Transmittal Form and Numbering 1. Transmit each submittal to the Engineer with a transmittal form. 2. Sequentially number each transmittal form beginning with the number 1. Re- Submittals shall use the original number with an alphabetic suffix(i.e.,2A for first Re-Submittal of Submittal 2 or 15C for third Re-Submittal of Submittal 15). Each submittal shall only contain one type of work, material, or equipment. Mixed submittals will not be accepted. 3. Identify variations from requirements of Contract Documents and identify product or system limitations. 4. For submittal numbering of video tapes, see this Section, 1.10 "Video". C Contractor's Certification 1. Each submittal shall contain a statement or stamp signed by the Contractor, certifying that the items have been reviewed in detail and are correct and in accordance with Contract Documents, except as noted by any requested variance. 1.03 SCHEDULE OF VALUES A Submit a Schedule of Values at least 10 days prior to the first Application for Payment. A Schedule of Values shall be provided for each of the items indicated as Lump Sum (LS) in Section 00300— Bid Proposal for which the Contractor requests to receive Progress Payments. B Schedule of Values shall be typewritten on 8-1/2"x 11",plain bond,white paper. Use the Table of Contents of this Project Manual as a format for listing costs of Work by Section. C Round off figures for each listed item to the nearest$100.00 except for the value of one item, if necessary, to make the total price for all items listed in the Schedule of Values equal to the applicable Lump Sum in Section 00300—Bid Proposal. D For Unit Price Contracts, items should include a proportional share of Contractor's overhead and profit, such that the total of all items listed in the Schedule of Values equals the Contract amount. For Stipulated Price Contracts,Mobilization,Bonds,and Insurance may be listed as separate items in the Schedule of Values. 01/2008 01350-2 of 6 CITY OF PEARLAND SUBMITTALS E For Lump Sum equipment items, where Submittals for Testing, Adjusting, and Balancing Reports in conjunction with Operation and Maintenance Data are required, include a separate item for equipment Operation and Maintenance Data Submittals and a separate item for Submittals of equipment Testing, Adjusting, and Balancing Reports, each valued at five (5)percent of the Lump Sum. F Revise the Schedule of Values and resubmit for items affected by contract modifications,Change Orders,and Work Change Directives. Submit revised Schedule of Values 10 days prior to the first Application for Payment after the changes are approved by the Engineer. 1.04 CONSTRUCTION SCHEDULES A Submit Construction Schedules for the Work in_accordance with the requirements of this Section. The Construction Schedule Submittal shall be,at a minimum,a bar chart, (computer generated or prepared manually) and a narrative report. B During the Preconstruction Meeting, as noted in Section 01310 - Coordination and Meetings, the Contractor shall provide a sample of the format to be used for the Construction Schedule Submittal. The format is subject to approval by the Engineer. Review of the Submittal will be provided within 7 days of the Submittal of the sample. C Within 7 days of the receipt of approval of the Contractor's format, or 14 days of the Notice to Proceed, whichever is later, the Contractor shall submit a proposed Construction Schedule for review. The Construction Schedule Submittal shall meet the following requirements: 1. The Construction Schedule shall usually include a total of at least 20 but not more than 50 activities. Fewer activities may be accepted, if approved by the Engineer. 2. For Projects with work at different physical locations,each location should be indicated separately within the Construction Schedule. 3. For projects with multiple crafts or significant subcontractor components,these elements od idt seri 4. For Projectssh withulbe multiple n ica typesed pa of tasks ately withinwthin thethe scope,theseConstruction typesSchedule.of work should be indicated separately within the Construction Schedule. 5. For Projects with significant major equipment items or materials worth over 25 percent of the Total Contract Price, the Construction Schedule shall indicate dates when these items are to be purchased,when they are to be delivered,and when installed. 6. For Projects where operating plants are involved, each period of work which will require the shut down of any process or operation shall be identified in the Construction Schedule and must be agreed to by the Engineer prior to starting work in the area. 7. A Billing Schedule(tabulation of the estimated monthly billings)for the Work shall be prepared and submitted by the Contractor with the first Construction Schedule. This information is not required in the monthly updates, unless (//1"\, significant changes in Work require re-submittal of the Construction Schedule for review. The total for each month and a cumulative total will be indicated. 01/2008 01350-3 of 6 CITY OF PEARLAND SUBMITTALS These monthly forecasts are only for planning purposes of the Engineer. Monthly payments for actual work completed will be made by the Engineer in accordance with Section 00700 - General Conditions of Agreement. D The Contractor must receive approval of the Engineer for the Construction Schedule and Billing Schedule prior to the first monthly Application for Payment. No payment will be made until these are accepted. E Upon written request from the Engineer, the Contractor shall revise and submit for approval all or any part of the Construction Schedule to reflect changed conditions in the Work or deviations made from the original plan and schedule. F The Contractor's Construction Schedule shall thereafter be updated with the Actual Start and Actual Finish Dates, Percent Complete, and Remaining Duration of each Activity and submitted monthly. The date to be used in updating the monthly Construction Schedule shall be the same Date as is used in the monthly Application for Payment. This monthly update of the Construction Schedule shall be required before the monthly Application for Payment will be processed for payment. G The narrative Construction Schedule Report shall include a description of changes made to the Construction Schedule; Activities Added to the Construction Schedule; Activities Deleted from the Construction Schedule; any other changes made to the Construction Schedule other than the addition of Actual Start Dates and Actual Finish Dates and Remaining Durations. 1.05 SHOP DRAWINGS,PRODUCT DATA,AND SAMPLES A Shop Drawings 1. Submit Shop Drawings for review as required by the Technical Specifications. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures" shall be placed on each Shop Drawing. 3. The Shop Drawing shall accurately and distinctly present the following: a. Field and erection dimensions clearly identified as such. b. Arrangement and section views. c. Relation to adjacent materials or structure including complete information for making connections between work under this Contract and work under other contracts. d. Kinds of materials and finishes. e. Parts list and descriptions. f. Assembly Shop Drawings of equipment components and accessories showing their respective positions and relationships to the complete equipment package. g. Where necessary for clarity, identify details by reference to sheet numbers and detail numbers, schedule or room numbers as shown on the Plans. 4. Shop Drawing Drawings shall be to scale,and shall be a true representation of the specific equipment or item to be furnished. 01/2008 01350-4 of 6 CITY OF PEARLAND SUBMITTALS B Product Data rh\ 1. Submit Product Data for review when required in individual Technical Specifications. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures" shall be placed on each data item submitted. 3. Mark each copy to identify applicable products,models, options to be used in this Project. Supplement manufacturers'standard data to provide information unique to this Project, where required by the Technical Specification. 4. For products specified only by reference standard, submit manufacturer,trade name, model or catalog designation, and applicable reference standard. 5. For Approved Products, those designated in the Technical Specifications • followed by the words"or approved equal",submit manufacturer,trade name, model or catalog designation, and applicable reference standard. 6. For products proposed as alternates to Approved Products, refer to Section 01630-Product Options and Substitutions, 1.04"Selection Options"and 1.07 "Substitution Procedures". 7. For products that are neither Pre-Approved, Approved, specified only by reference standard, nor proposed as alternates, submit product description, trade name, manufacturer, and supplier. Contractor shall provide additional information upon written request by Engineer or Owner. C Samples 1. Submit samples for review as required by the Technical Specification. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures", shall be placed on each sample or a firmly attached sheet of paper. 3. Submit the number of samples specified in the Technical Specification;one of which will be retained by the Engineer. 4. Reviewed samples which may be used in the Work are identified in the Technical Specifications. 1.06 OPERATIONS AND MAINTENANCE DATA A When specified in Technical Specification,submit manufacturers'printed instructions for delivery, storage, assembly, installation, start-up, operation, adjusting, finishing, and maintenance. B Contractor's Certification, as described in this Section. 1.02"Submittal Procedures", shall be placed on front page of each document. C Identify conflicts between manufacturers'instructions and Contract Documents. 1.07 MANUFACTURER'S CERTIFICATES A When specified in Technical Specification, submit manufacturers' certificate of compliance for review by Engineer. (111"h\ B Contractor's Certification, as described in this Section, 1.02"Submittal Procedures", shall be placed on front page of the certificate. 01/2008 01350-5 of 6 CITY OF PEARLAND SUBMITTALS C Submit supporting reference data, affidavits, and certifications as appropriate. D Manufacturer's Certificates may be recent or previous test results on material or product,but must be acceptable to Engineer. 1.08 CONSTRUCTION PHOTOGRAPHS A Submit photographs in accordance with Section 01380—Construction Photographs. 1. Prints: Prepare 2 prints of each view and submit 1 print directly to the City's Representative within 7 days of taking photographs. One print shall be retained by the Contractor and made available at all times for reference on the job site. B PRECONSTRUCTION PHOTOGRAPHS: 1. Prior to the commencement of any construction,take digital color photographs on the entire route of the project 2. Photographs: Two prints, color, matte finish; 3 x 5 inch size, mounted on 81/2 x 11-inch soft card stock, with left edge binding margin for three hole punch, or in plastic pockets in three-ring notebook. 3. Th photographs shall show: a. Date photographs were taken b. Location of the photograph, house number and street name. (This information may be shown on a chalk board in the photograph by a label on the mountings.) 4. Photographs should show the condition of the following a. Esplanades and boulevards b. Yards (near, side and far side of street) c. Housewalk, sidewalk and driveway; curb d. Area between walk and curb 1) Particular features(yard lights, shrubs, fences, trees, etc.) 2) Landscaping and decorative features. C POST CONSTRUCTION PHOTOGRAPHS 1. On completion of construction, provide photographs of any public or private property which has been repaired or restored and any damage which is or may be the subject of complaints. 1.09 PROJECT RECORD DOCUMENTS A Submit Project Record Documents in accordance with Section 01760—Project Record Documents. 1.10 VIDEO A Submit television video in DVD format as required in individual Technical Specifications. B Transmittal forms for video disks shall be numbered sequentially beginning with TO1, T) T02, T03, etc. 01/2008 01350-6 of 6 CITY OF PEARLAND SUBMITTALS 1.11 DESIGN MIXES (111111.1\' A When specified, submit design mixes for review. B Contractor's Certification, as described in this Section, 1.02"Submittal Procedures", shall be placed on front page of each design mix. C Mark each design mix to identify proportions,gradations,and additives for each class and type of design mix submitted. Include applicable test results on samples for each mix. D Maintain a copy of approved design mixes at mixing plant. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION • 01/2008 01350-7of6 . J THIS PAGE INTENTIONALLY LEFT BLANK CITY OF PEARLAND CONSTRUCTION PHOTOGRAPHS (111b.\ Section 01380 CONSTRUCTION PHOTOGRAPHS 1.0 GENERAL 1.01 SECTION INCLUDES A Requirements for construction photographs and submittals. B References Technical Specifications: 1. Section 01100—Summary of Work 2. Section 01350—Submittals 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Construction Photographs under this Section. Include cost in Bid Items for installed Work. 1.03 SUBMITTALS A When required by Section 01100 — Summary of Work, submit photographs in accordance applicable provisions of this Section. _ B Make Submittals required by this and related Sections under the provisions of Section 01350—Submittals. C Prepare three(3)prints of each view and submit two (2) prints directly to the Project Manager within seven(7) days of taking photographs. One(1)print shall be retained by the Contractor in the field office at the Project Site and available at all times for reference. D When requested by the Project Manager, the Contractor shall submit extra prints of photographs, for distribution directly to designated parties who will pay the costs for the extra prints directly to the photographer. E When required by individual Sections, submit photographs taken prior to start of the Work to show original Project Site conditions. F When required by Contract Documents, submit photographs with Application for Payment. G When required by individual Sections,submit photographs taken following completion of the Work to show the condition in which the Project Site will be left. H With each submittal,include photographic negatives in protective envelopes,identified by Project Name, Contractor, and date photographs were taken. 01/2008 01380- 1 of 3 CITY OF PEARLAND , CONSTRUCTION PHOTOGRAPHS 1.04 QUALITY ASSURANCE A Contractor shall be responsible for the timely execution of the photographs, their vantage point, direction of shot, and quality. 2.0 PRODUCTS 2.01 PHOTOGRAPHS A Photographs shall be digital quality and shall be submitted on a CD. B The photographs shall show on a non-elective chalkboard or white board,readable in the photograph: 1. Job number. 2. Date and time photographs were taken. 3. Location of the photograph, house number and street, along with the project number. C Indicate the condition of the following: 1. Esplanades and boulevards. 2. Yards (near side and far side of street). 3. House-walk and sidewalk. 4. Curb. 5. Area between walk and curb. 6. Particular features (yard lights, shrubs, fence, trees, etc.). 7. Date shall be on negative. 8. Provide notation of vantage point marked for location and direction of shot on a key plan of the Project Site. D Sufficient number of photographs shall be taken to show the existence or non- existence of cracked concrete and the condition of trees, shrubs and grass. E Identify each photograph with an applied label or rubber stamp on the back with the following information: 1. Name of the Project. 2. Name and address of the photographer (if a professional photographer is used). 3. Name of the Contractor. 4. Date the photograph was taken. 5. Photographs to be in plastic pockets and bound in three-ring notebook for easy access and viewing. 3.0 EXECUTION 3.01 PRECONSTRUCTION PHOTOGRAPHS A Prior to the commencement of the Work, take photographs of the entire route of the Project Site. rTh 01/2008 01380-2of3 CITY OF PEARLAND CONSTRUCTION PHOTOGRAPHS 3.02 POST-CONSTRUCTION PHOTOGRAPHS A Following the completion of the Work,take photographs from corresponding vantage points and direction of shots. 3.03 PROGESS PHOTOGRAPHS A Take photographs at intervals, coinciding with the cutoff date associated with each Application for Payment and submit on CD with monthly Application for Payment. B Select the vantage points for each shot each month to best show the status of construction and progress since the last photographs were taken. Take not less than two (2) shots from the same vantage point creating a time-lapsed sequence. C Follow direction when given by the Project Manager in selecting vantage points. END OF SECTION C"..\ 01/2008 01380-3 of 3 t""*.) THIS PAGE INTENTIONALLY LEFT BLANK ^� CITY OF PEARLAND REFERENCED STANDARDS Section 01420 76N‘ REFERENCED STANDARDS 1.0 GENERAL 1.01 SECTION INCLUDES A General quality assurance as related to Reference Standards and a list of references. B References to Technical Specifications: None 1.02 QUALITY ASSURANCE A For Products or workmanship specified by association, trade, or Federal Standards comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B Conform to reference standard by date of issue current on the date as stated in Section 00700—General Conditions of Agreement. C Request clarification from Engineer before proceeding should specified reference standards conflict with Contract Documents. (1.16 1.03 SCHEDULE OF REFERENCES AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street,N.W. Washington, DC 20001 ACI American Concrete Institute P.O. Box 19150 Reford Station Detroit, MI 48219-0150 AGC Associated General Contractors of America 1957 E Street, N.W. Washington, DC 20006 AI Asphalt Institute Asphalt Institute Building College Park, MD 20740 AITC American Institute of Timber Construction 333 W. Hampden Avenue Englewood, CO 80110 02/2008 01420- 1 of 5 CITY OF PEARLAND REFERENCED STANDARDS AISC American Institute of Steel Construction 400 North Michigan Avenue, Eighth Floor Chicago, IL 60611 AISI American Iron and Steel Institute 1000 16th Street, N.W. Washington, DC 20036 ASME American Society of Mechanical Engineers 345 East 47th Street New York, NY 10017 ANSI American National Standards Institute 1430 Broadway New York, NY 10018 APA American Plywood Association Box 11700 Tacoma,WA 98411 API American Petroleum Institute 1220 L Street, N.W. Washington, DC 20005 AREA American Railway Engineering Association 50 F Street, N.W. Washington, DC 20001 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 AWPA American Wood-Preservers'Association 7735 Old Georgetown Road Bethesda, MD 20014 AWS American Welding Society P.O. Box 35104 Miami, FL 33135 AWWA American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 02/2008 01420-2 of 5 CITY OF PEARLAND REFERENCED STANDARDS CLFMI Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue, N.W. Washington, DC 20036 CRD U.S.A. Corps of Engineers Code of Ordinances City of Pearland 3519 Liberty Drive Pearland, TX 77581 CRSI Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg, IL 60173-4758 EJMA Expansion Joint Manufacturers.Association 707 Westchester Avenue White Plains, NY 10604 FDA U.S. Food and Drug Administration 5600 Fisher Lane Rockville, MD 20857-0001 FS Federal Standardization.Documents General Services Administration, Specifications Unit(WFSIS) 7th and D Street S.W. Washington, DC 20406 ICEA Insulated Cable Engineer Association P.O. Box 440 S. Yarmouth, MA 02664 IEEE Institute of Electrical and Electronics Engineers 445 Hoes Lane P.O. Box 1331 Piscataway, NJ 0855-1331 MTh Military Specifications General Services Administration, Specifications Unit(WFSIS) 7th and D Street S.W. Washington, DC 20406 NACE National Association of Corrosion Engineers P. O. Box 986 1.11\ Katy, TX 77450 02/2008 01420-3 of 5 CITY OF PEARLAND • REFERENCED STANDARDS NEMA National Electrical Manufacturers'Association 2101 L Street,N.W., Suite 300 Washington, DC 20037 NFPA National Fire Protection Association Batterymarch Park, P.O. Box 9101 Quincy, MA 02269-9101 OSHA Occupational Safety Health Administration U.S. Department of Labor, Government Printing Office Washington, DC 20402 PCA Portland Cement Association 5420 Old Orchard Road Skokie, IL 60077-1083 PCI Prestressed Concrete Institute 201 North Wacker Drive Chicago, IL 60606 SDI Steel Deck Institute Box 9506 Canton, OH 44711 SSPC Steel Structures Painting Council 4400 Fifth Avenue Pittsburgh, PA 15213 TAC Texas Administrative Code TCEQ Texas Commission on Environmental Quality P. O. Box 13087 Austin, TX 78711-3087 TxDOT Texas Department of Transportation 125 East 11th Street Austin, TX 78701-2483 Texas MUTCD Texas Manual on Uniform Traffic Control Devices (2003 Adoption) (published by Texas Department of Transportation) UL Underwriters'Laboratories, Inc. 333 Pfingston Road Northbrook, IL 60062 UNI-BELL UNI-BELL Pipe Association 2655 Villa Creek Drive, Suite 155 02/2008 01420-4 of 5 CITY OF PEARLAND REFERENCED STANDARDS Dallas, TX 75234 WRI Wire Reinforcement Institute 942 Main Street—Suite 300 Hartford, CT 06103 WWD/PI Water Well Drillers and Pump Installers Advisory Council Texas Department of Licensing and Regulation P.O. Box 12157 Austin, TX 78711 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION (..k\ (11111b\ 02/2008 01420-5 of 5 THIS PAGE INTENTIONALLY LEFT BLANK CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL Section 01430 (If". CONTRACTOR'S QUALITY CONTROL 1.0 GENERAL 1.01 SECTION INCLUDES A Quality assurance and control of installation and manufacturer's field services and reports. B References to Technical Specifications: 1. Section 01350—Submittals 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 QUALITY ASSURANCE/CONTROL OF INSTALLATION A Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce the Work of specified quality at no additional cost to the Owner. B Comply fully with manufacturers' installation instructions, including each step in sequence. C Request clarification from Project Manager before proceeding should manufacturers' instructions conflict with Contract Documents. D Comply with specified Standards as minimum requirements for the Work except when more stringent tolerances,codes,or specified requirements indicate higher standards or more precise workmanship. E Perform work by persons qualified to produce the specified level of workmanship. F Obtain copies of Standards and maintain at Project Site when required by individual Technical Specifications. 1.04 MANUFACTURERS' FIELD SERVICES AND REPORTS A When specified in individual Technical Specifications, provide material or product suppliers' or manufacturers' technical representative to observe site conditions, conditions of surfaces and installation,quality of workmanship,start-up of equipment, operator training, test, adjust, and balance of equipment as applicable, and to initiate operation,as required. Conform to minimum time requirements for start-up operations and operator training if defined in Technical Specifications. 02/2008 01430- 1 of 2 CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL - B At the Project Manager's request, submit qualifications of manufacturer's representative to Project Manager fifteen (15) days in advance of required ') representative's services. The representative shall be subject to approval of Project Manager. C Manufacturer's representative shall report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers'written instructions. Submit report within one(1)day of observation to Project Manager for review. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01430-2 of 2 CITY OF PEARLAND OBSERVATION SERVICES rPa'\ Section 01440 OBSERVATION SERVICES 1.0 GENERAL 1.01 SECTION INCLUDES A Observation services and references. B References to Technical Specifications: 1. Section 01450—Testing Laboratory Services 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 INSPECTION A Project Manager will appoint an Observer as a representative of the Owner to oversee inspections,tests, and other services specified in individual Technical Specifications. B Alternately, Project Manager may appoint, employ, and pay an independent firm to provide additional observation or construction management services as indicated in Section 01450—Testing Laboratory Services. C Reports will be submitted by the independent firm to Project Manager,Engineer,and Contractor, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. D Contractor shall assist and cooperate with the Observer;furnish samples of materials, design mix, equipment, tools, and storage. E Contractor shall notify Project Manager 24 hours prior to expected time for operations requiring services. Notify Engineer and independent firm when noted. F Contractor shall sign and acknowledge report for Observer. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION (11111'\ 09/2009 01440- 1 of 1 _ , 7 THIS PAGE INTENTIONALLY LEFT BLANK 7 CITY OF PEARLAND TESTING LABORATORY SERVICES Section 01450 TESTING LABORATORY SERVICES 1.0 GENERAL 1.01 SECTION INCLUDES A Testing Laboratory Services and Contractor responsibilities related to those services. B References to Technical Specifications: 1. Section 01350—Submittals C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 3740, "Practice for Evaluation of Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction" b. ASTM E 329, "Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials as Used in Construction" 1.02 SELECTION AND PAYMENT A Owner will select,employ,and pay for services of an independent testing laboratory to perform inspection and testing identified in individual Technical Specifications. B Employment of testing laboratory shall not relieve Contractor of obligation to perform work in accordance with requirements of Contract Documents. C Owner or designated representative shall schedule and monitor testing as required to provide timely results and to avoid delay to the Work. D Contractor shall be responsible for paying for services of commercial testing laboratory, with prior approval of Owner, to perform the following: 1. Pipe diameter deflection tests on all flexible and semi-rigid sanitary sewer collection system pipe installation 2. Laboratory services required to establish mix design proposed for use for Portland cement concrete, asphaltic concrete mixtures and other material mixes requiring control by testing laboratory when required because of change in source of materials or other conditions not caused by Owner. 3. Tests required to establish optimum moisture of earth and base materials and to determine required compactive effort to meet density requirements. 4. Cores to test for thickness. 5. Testing and inspection performed for the Contractor's convenience. 6. Retesting and repetitions of laboratory services when initial tests indicate work does not comply with requirements of Contract Documents. (1111'\ 04/2008 01450- 1 of 3 CITY OF PEARLAND TESTING LABORATORY SERVICES 1.03 LABORATORY REPORTS A The Engineer will receive 1 copy, the Project Manager will receive 2 copies, and the Contractor will receive 2 copies of Laboratory Reports from the testing laboratory. One of the Contractor's copies shall remain at the Project Site for duration of Project. Test results which indicate non-conformance shall be transmitted immediately via fax from the testing laboratory to the Contractor and Project Manager. 1.04 LIMITS ON TESTING LABORATORY AUTHORITY A Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B Laboratory may not approve or accept any portion of the Work. C Laboratory may not assume any duties of Contractor. D Laboratory has no authority to stop the Work. 1.05 CONTRACTOR RESPONSIBILITIES A Notify Project Manager and laboratory 24 hours prior to expected time for operations requiring inspection and testing services. Notify Engineer if specification section requires the presence of the Engineer. B Cooperate with laboratory personnel in collecting samples to be tested or collected on Project Site. C Provide access to the Work and to manufacturer's facilities. D Provide samples to laboratory in advance of their intended use to allow thorough examination and testing. E Provide incidental labor and facilities for access to the Work to be tested;to obtain and handle samples at the site or at source of products to be tested; and to facilitate tests and inspections including storage and curing of test samples. F Arrange with laboratory and pay for: 1. Retesting required for failed tests. 2. Retesting for nonconforming Work. 3. Additional sampling and tests requested by Contractor for his own purposes. 2.0 PRODUCTS - Not Used 3.0 EXECUTION 04/2008 01450-2 of 3 CITY OF PEARLAND TESTING LABORATORY SERVICES 3.01 CONDUCTING TESTING A Laboratory sampling and testing shall conform to ASTM D 3740 and ASTM E 329,as well as other test standards specified in individual Technical Specifications. END OF SECTION (11.11.\ 04/2008 01450-3of3 THIS PAGE INTENTIONALLY LEFT BLANK City of Pearland TEMPORARY WRF Chemical Containment Area Coating FACILITIES AND CONTROLS (11"6\ SUPPLEMENTARY SPECIFICATION SECTION 01500 TEMPORARY FACILITIES AND CONTROLS The following supplement modifies Specification Section 01500. Where a portion of the Specification is modified or deleted by this Supplementary Specification, the unaltered portions of the Specification shall remain in effect. 1. Delete 1.01 B Reference to the following Technical Specifications: a. "Section 01566—Source Controls for Erosion& Sedimentation" b. "Section 01570—Trench Safety System c. "Section 01555—Traffic.Control &Regulation" d. "Section 01720—Field Surveying" e. "Section 01563 —Tree & Plant Protection" f. "Section 01564—Control of Ground Water& Surface Water" g. "Section 13730—Computer Equipment" END OF SUPPLEMENT Clulb\ 01500-S-1 2/10/17 THIS PAGE INTENTIONALLY LEFT BLANK CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Section 01500 TEMPORARY FACILITIES AND CONTROLS 1.0 GENERAL 1.01 SECTION INCLUDES A Temporary facilities and the necessary controls for the Work including utilities, telephone, sanitary facilities, field office, storage sheds and building, safety requirements,first aid equipment,fire protection,security measures,protection of the Work and property, access roads and parking, environmental controls, disposal of trash,debris,and excavated material,pest and rodent control,water runoff and erosion control. B References to Technical Specifications: Section 00200—Instructions to Bidders Section 01100—Summary of Work Section 01350—Submittals Section 01566—Source Controls for Erosion & Sedimentation Section 01100—Summary of Work //6, Section 01600—Material &Equipment Section 01570—Trench Safety System Section 01555—Traffic Control &Regulation Section 01720—Field Surveying Section 01563 —Tree &Plant Protection Section 01564—Control of Ground Water& Surface Water Section 13730- Computer Equipment C Referenced Standards: Occupational Safety and Health Administration (OSHA) National Fire Protection Association (NFPA) Code of Ordinances, City of Pearland, Texas D Definitions: Underground Structures - sewer, water, gas, and other piping, and manholes, chambers, electrical and signal conduits, tunnels, and other existing subsurface installations located within or adjacent to the limits of the Work. Surface Structures - existing buildings, structures and other constructed installations above the ground surface. Included with such structures are their foundations or any extension below the surface. Surface structures include, but are not limited to 12-2-2011 01500- 1 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS buildings,tanks,walls, bridges, roads, dams, channels, open drainage,piping,poles, wires, posts, signs, markers, curbs, walks, guard cables, fencing, and other facilities that are visible above the ground surface. 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.04 CONTRACTOR'S RESPONSIBILITY A The facilities and controls specified in this Section are considered minimum for the Work. The Contractor may provide additional facilities and controls for the proper execution of the Work and to meet Contractor's responsibilities for protection of persons and property. B Comply with applicable requirements specified in other Technical Specifications. Maintain and operate temporary facilities and systems to assure continuous service. Modify and extend systems as Work progress requires. Completely remove temporary materials and equipment when their use is no longer required. Restore existing facilities used for temporary services to specified or to original condition. 1.05 TEMPORARY UTILITIES A Temporary Service Make arrangements with utility service companies for such temporary services as are necessary to construct the work and manage the site. Abide by rules and regulations of the utility service companies or authorities having jurisdiction. Be responsible for utility service costs until the Work is Substantially Complete. Included are fuel,power,light,heat,and other utility services necessary for execution, completion,testing, and initial operation of the Work. B Water Provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices, or for other use as required for proper completion of the Work. 12-2-2011 01500-2 of 10 CITY OFPEARLAND TEMPORARY FACILITIES AND CONTROLS For water to be drawn from public water supply, obtain special permit or license and meter from the proper City officials. For facilities under construction, establish a water/sewer billing account with City's Utility Billing Department.A deposit based on rates established by latest ordinance will be required. For water drawn from fire hydrants, apply for and receive a construction water meter from City'Public Works Department. Identify specific location for construction water meter installation. Once installed,water meter may not be moved without notification of Public Works Department. Install backflow preventer on fire hydrant supply if not included in City provided meter. Provide and maintain an adequate supply of potable water for domestic consumption by Contractor personnel. C Electricity and Lighting 1 Provide temporary electric power service in Contractor's name, as required for the prosecution of the Work, including testing of Work. Provide power for lighting, operation of the Contractor's equipment, or for any other use by Contractor or as necessary to maintain any of Owner's on-going operations as may continue on the site during any scheduled shutdown. Minimum lighting level shall be 5 foot-candles for open areas; 10 foot-candles for stairs and shops. 2 Provide permanent electric power service,in the Contractor's name,to the work or site as and when required by the schedule of the work to achieve Substantial Completion or Partial Substantial Completion. Contractor to establish service billing in its name and transfer service and billing to the Owner upon acceptance of the work as Substantially Complete and suitable for beneficial occupancy by the Owner. D Natural Gas Provide and pay for natural gas service to the work as and when required by the schedule to achieve Substantial Completion. Contractor to establish service billing in its name and transfer service and billing to the Owner upon acceptance of the work as Substantially Complete and suitable for beneficial occupancy by the Owner. E Temporary Heat and Ventilation Provide temporary heat as necessary for protection or completion of the Work. Provide temporary heat and ventilation to assure safe working conditions; maintain enclosed areas at a minimum of 50 degrees F. F Telephone Provide emergency telephone service at the Project Site for use by Contractor personnel and others performing work or furnishing services. G Sanitary Facilities Provide and maintain sanitary facilities for persons on the Project Site,in compliance with federal, state, and local regulations. Locate toilets on the Project Site near the 12-2-2011 01500-3of10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS work and secluded from view insofar as possible. Keep toilets clean and supplied throughout the course of the Work. `') Enforce the use of sanitary facilities by construction personnel at the Project Site. Such facilities shall be enclosed. Pit-type toilets will not be permitted. No discharge will be allowed from these facilities. Collect and store sewage and waste so as not to cause a nuisance or health problem; have sewage and waste hauled off-site and properly disposed in accordance with local regulations. Control areas where sanitary facilities are located in conformance with Section 01566 —Source Controls for Erosion & Sedimentation. 1.06 FIELD OFFICE A Provision of a Field Office and other specific temporary facilities as required in paragraph B below UNLESS otherwise stated in Section 00800 - Special Conditions of the Agreement,or Section 01100—Summary of Work. Provide for transportation,move-in, set-up,tie-down and,when project is complete,removal and move-out. The Contractor shall confirm location of office and other temporary facilities with Owner's Representative at Pre-Construction Meeting prior to delivery and set up. Location of temporary facilities shall be approved by the Owner's Representative by way of the submittal process. B. At a minimum, the Contractor's field office shall provide for, contain or serve to: provide a secured space for project administrative operations, periodic progress meetings,on-site storage for project files and plans,office space for CONTRACTOR's field supervisory personnel and provide a separate securable" office space for OWNER's Representative including: meeting table and chairs, a single two drawer filing cabinet,a built-in drawing table and plan holders. Provide electric lighting and HVAC to the mobile office. 1. Field Office shall provide for, at a minimum, a high speed interne connection for use by Owner's Representative or Construction Manager as controlled by Paragraph A above. 1.07 STORAGE OF MATERIALS A Provide for storage of materials under the provisions of Section 01600—Material & Equipment. 1.08 SAFETY REQUIREMENTS A Contractor shall prepare, submit and follow a Safety Program that complies with federal, state, and local safety codes, statutes, and practices. Include in the Safety Program documented response to excavation, embankment, and trench safety requirements as specified in Section 01570—Trench Safety System. B Conduct operations in strict accord with applicable federal,state and local safety codes and statutes and with good construction practice. The Contractor is fully responsible and obligated to establish and maintain procedures for safety of all work, personnel and equipment involved in the Work. 12-2-2011 01500-4 of 10 CITY OF PEARLAND • TEMPORARY FACILITIES AND CONTROLS C Observe and comply with Texas Occupational Safety Act (Art. 5182a, V.C.S.) and (111116'\ with all safety and health standards promulgated by Secretary of Labor under Section 107 of Contract Work Hours and Standards Act,published in OSHA Standards - 29 CFR, Part 1926, and adopted by Secretary of Labor under the Williams-Steiger Occupational Safety and Health Act of 1970, and to any other legislation enacted for safety and health of Contractor employees. Such safety and health standards apply to subcontractors and their employees as well as to the Contractor and its employees. D Observance of and compliance with the regulations shall be solely and without qualification the responsibility of the Contractor without reliance or superintendence of or direction by the Engineer or the Engineer's representative. Immediately advise the Engineer of investigation or inspection by Federal Safety and Health inspectors of the Contractor or subcontractor's work or place of work on the Project Site under this Contract,and after such investigation or inspection,advise the Engineer of the results. Submit one copy of accident reports to Engineer within ten (10) days of occurrence. E Protect areas occupied by workmen using the best available devices for detection of lethal and combustible gases. Test such devices frequently to assure their functional capability. Constantly observe_infiltration of liquids into the Work area for visual or odor evidence of contamination. Take immediate and appropriate steps to seal off entry of contaminated liquids to the Work area. F Safety measures, including but not limited to safety personnel, first-aid equipment, ventilating equipment and safety equipment,in the Plans and Technical Specifications (111.6\ are obligations of the Contractor. G Maintain required coordination with the local Police and Fire Departments during the entire period covered by the Contract. 1.09 FIRST AID EQUIPMENT A Provide a first aid kit throughout the construction period. List telephone numbers for physicians, hospitals, and ambulance services in each first aid kit. B Have at least one person thoroughly trained in first aid procedures present on the Project Site whenever work is in progress. 1.10 FIRE PROTECTION A Fire Protection Standards. Conform to specified fire protection and prevention requirements as well as those that may be established by Federal, State, or local governmental agencies. B. Comply with all applicable provisions of NFPA Standard No. 241, Safeguarding Building Construction and Demolition Operations. Provide portable fire extinguishers, rated not less than 2A or 5B in accordance with (iPs.\ NFPA Standard No. 10,Portable Fire Extinguishers,for each temporary building,and for every 3000 square feet of floor area of facilities under construction. 12-2-2011 01500-5 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Locate portable fire extinguishers within 50 feet maximum from any point on the Project Site. C. Fire Prevention and Safety Measures. Prohibit smoking in hazardous areas. Post suitable warning signs in areas that are continuously or intermittently hazardous. Use metal safety containers for storage and handling of flammable and combustible liquids. Do not store flammable or combustible liquids in or near stairways or exits. Maintain clear exits from all points within a structure. 1.11 SECURITY MEASURES A Protect all materials, equipment, and property associated with the Work from loss, theft,damage,and vandalism. Contractor's duty to protect property includes Owner's property. B If existing fencing or barriers are breached or removed for purposes of construction, provide and maintain temporary security fencing equal to existing as approved by Owner's Representative. 1.12 PROTECTION OF PUBLIC UTILITIES A Prevent damage to existing public utilities during construction. These utilities are shown on the Plans at their approximate locations. Give owners of these utilities at least 48 hours notice before commencing Work in the area, for locating the utilities during construction,and for making adjustments or relocation of the utilities when they conflict with the proposed Work. 1.13 PROTECTION OF PEOPLE AND PROPERTY - A Preventive Actions. Take precautions, provide programs, and take actions necessary to protect the Work and public and private property from damage. Take action to prevent damage, injury or loss, including, but not limited to, the following: a. Store apparatus,materials,supplies,and equipment in an orderly,safe manner that will not unduly interfere with progress of the Work or the Work of any other contractor, any utility service company, or the Owner's operations. b. Provide suitable storage for materials that are subject to damage by exposure to weather, theft, breakage, or otherwise. c. Place upon the Work or any part thereof only such loads as are consistent with the safety of that portion of the Work. d. Frequently clean up refuse,rubbish,scrap materials,and debris caused by construction operations, keeping the Work safe and orderly. 12-2-2011 01500-6 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS e. Provide safe barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways, and other hazardous areas. Obtain written consent from proper parties before entering or occupying with workers, tools,materials or equipment,privately owned land except on easements provided for construction. Assume full responsibility for the preservation of public and private property on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect, or misconduct in execution of the Work by the Contractor, it shall be restored by the Contractor to a condition equal to or better than that existing before the damage was done. B Barricades and Warning Signals. Where Work is performed on or adjacent to any roadway, right-of-way, or public place, furnish and erect barricades, fences, lights, warning signs, and danger signals; provide watchmen;and take other precautionary measures for the protection of persons or property and protection of the Work.Conform to Section 01555—Traffic Control& Regulation. C Preserving Control Points Maintain permanent benchmarks,public or private elevation or property demarcation and control monumentation, or other reference points. Unless otherwise directed in writing,replace at no cost to the Owner,those monuments,property corners or other permanent demarcations that are damaged or destroyed in accordance with Section 01720—Field Surveying. D Tree and Plant Protection. Protect trees, shrubs,lawns,outside of grading limits and within the grading limits as designated on the Plans,and in accordance with requirements of Section 01563—Tree & Plant Protection. E Protection of Underground and Surface Structures Known underground structures, including water, sewer, electric, and telephone services are shown on the Plans in accordance with the best information available,but is not guaranteed to be correct or complete. Contractor is responsible for making Locate Calls. Explore ahead of trenching and excavation work and uncover obstructing underground structures sufficiently to determine their location, to prevent damage to them and to prevent interruption of utility services. Restore to original condition damages to underground structure at no additional cost to the Owner. Immediately notify the agency or company owning any existing utility which is damaged,broken,or disturbed. Obtain approval from the Engineer and agency for any repairs or relocations, either temporary or permanent. 12-2-2011 01500-7of10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Necessary changes in location of the Work may be made by the Engineer to avoid unanticipated underground structures. If permanent relocation of an underground structure or other subsurface installations is required and not otherwise provided for in the Contract Documents,the Engineer will direct Contractor in writing to perform the Work, which shall be paid for under the provisions for changes in the Contract Price as described in Section 00700—General Conditions of Agreement. Support in place and protect from direct or indirect injury to underground and surface structures located within or adjacent to the limits of the Work. Install such supports carefully and as required by the party owning or controlling such structure. Before installing structure supports,Contractor shall satisfy the Engineer that the methods and procedures to be used have been approved by the owner of the structure. Avoid moving or in any way changing the property of public utilities or private service corporations without prior written consent of a responsible official of that service or public utility. Representatives of these utilities reserve the right to enter within the limits of this project for the purpose of maintaining their properties,or of making such changes or repairs to their property that may be considered necessary by performance of this Contract. Notify the owners and/or operators of utilities and pipelines of the nature of construction operations to be performed and the date or dates on which those operations will be performed. When construction operations are required in the immediate vicinity of existing structures,pipelines,or utilities,give a minimum of five (5)working days advance notice. Probe and flag the location of underground utilities prior to commencement of excavation. Keep flags in place until construction operations reach and uncover the utility. Assume risks attending the presence or proximity of underground and surface structures within or adjacent to the limits to the Work including but not limited to damage and expense for direct or indirect injury caused by the Work to any structure. Immediately repair damage caused, to the satisfaction of the owner of the damaged structure. 1.14 PROTECTION OF THE WORK Provide protection of installed products to prevent damage from subsequent operations. Remove protection facilities when no longer needed,prior to completion of the Work. Control traffic to prevent damage to equipment, materials, and surfaces. 1.15 ROADS AND PARKING A Prevent interference with traffic and Owner operations on existing roads. B Minimize use of existing streets and driveways by construction traffic. C Control traffic to prevent damage to equipment, materials, and surfaces. 12-2-2011 01500-8 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS D Construct and maintain temporary detours, ramps, and roads to provide for normal public traffic flow when use of public roads or streets is closed by necessities of the Work. E Provide mats or other means to prevent overloading or damage to existing roadways from tracked equipment or exceptionally large or heavy trucks or equipment F Designate temporary parking areas to accommodate construction personnel. When site space is not adequate, provide additional off-site parking. Locate as approved by Engineer. G Do not allow heavy vehicles or construction equipment unnecessarily in existing parking areas. 1.16 ENVIRONMENTAL CONTROLS A Provide and maintain methods, equipment, and temporary construction as necessary for controls over environmental conditions at the construction site and adjacent areas. B Comply with statutes,regulations,and ordinances which relate to the proposed Work for the prevention of environmental pollution and preservation of natural resources, including but not limited to the National Environmental Policy Act of 1969, PL 91- 190, Executive Order 11514. C Provide, install and maintain storm water runoff control including but not limited to temporary entrance, silt fencing, etc. as specified in Contract Documents. D Recognize and adhere to the environmental requirements of the Project. Disturbed areas shall be strictly limited to boundaries established by the Contract Documents. Burning of rubbish, debris or waste materials is not permitted. 1.17 POLLUTION CONTROL A Provide methods,means,and facilities required to prevent contamination of soil,water or atmosphere by discharge of noxious substances from construction operations. B Provide equipment and personnel to perform emergency measures required to contain any spillage,and to remove contaminated soils or liquids. Excavate and dispose of any contaminated earth off-site, and replace with suitable compacted fill and topsoil. C Take special measures to prevent harmful substances from entering receiving streams or storm water conveyance systems in conformance with TPDES requirements and Section 01566—Source Controls for Erosion & Sedimentation. D Provide systems for control of atmospheric pollutants. Prevent toxic concentrations of chemicals. Prevent harmful dispersal of pollutants into the atmosphere. (.111 \ 12-2-2011 01500-9 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS E Use equipment during construction that conforms to current federal, state, and local laws and regulations. 1.18 PEST AND RODENT CONTROL A Provide rodent and pest control as necessary to prevent infestation of Project Site. B Employ methods and use materials which will not adversely affect conditions at the Project Site or adjoining properties. 1.19 NOISE CONTROL A Provide vehicles, equipment, and construction activities that minimize noise to the greatest degree practicable. Noise levels shall conform to OSHA Standards- 29 CFR and in no case will noise levels be permitted which create a nuisance in the surrounding neighborhoods. B Conduct construction operations during daylight hours from 7:30 a.m. to 6:00 p.m. except as approved by Engineer. C Comply with Chapter 19 NOISE, Codes of Ordinances, City of Pearland, Texas. 1.20 DUST CONTROL A Control objectionable dust caused by operation of vehicles and equipment under the provisions of Section 01566—Source Controls for Erosion & Sedimentation. 1.21 WATER RUNOFF AND EROSION CONTROL A Provide methods to control surface water,runoff,subsurface water,and water pumped from excavations and structures to prevent damage to the Work, the Project Site, or adjoining properties in accordance with Section 01564—Control of Ground Water& Surface Water and Section 01566— Source Controls for Erosion & Sedimentation. B Inspect earthwork periodically to detect any evidence of the start of erosion. Apply corrective measures as required to control erosion. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 12-2-2011 01500- 10 of 10 City of Pearland WRF Chemical Containment Area Coating MOBILIZATION (1111''' SUPPLEMENTARY SPECIFICATION SECTION 01505 MOBILIZATION The following supplement modifies Specification Section 01505. Where a portion of the Specification is modified or deleted by this Supplementary Specification, the unaltered portions of the Specification shall remain in effect. a. Delete 1.02B Reference to the following Technical Specifications: i. "Section 01570—Trench Safety Systems" ii. "Section 01580—Project Identification Signs" iii. "Section 01565 —TPDES Requirements" b. Delete 2.01 PROJECT IDENTIFICATION SIGNS. c. Delete 3.01 PLACEMENT OF PROJECT IDENTIFICATION SIGNS. END OF SUPPLEMENT • (1111116 01505-S-1 2/10/17 THIS PAGE INTENTIONALLY LEFT BLANK CITY OF PEARLAND MOBILIZATION Section 01505 MOBILIZATION 1.0 GENERAL 1.01 SECTION INCLUDES A Mobilization of construction equipment and facilities onto the Work. B Referenced Standards: 1. Texas Department of Transportation (TxDOT) 2. Texas Manual on Uniform Traffic Control Devices (Texas MUTCD) 1.02 MEASUREMENT AND PAYMENT A. Payment for Mobilization is on a Lump Sum basis and shall not exceed three percent (3%) of the total bid price. B. Payment for 50%of the Mobilization lump sum bid item may be included in the first monthly Application for Payment. Payment is subject to the receipt and approval by Engineer of the following items, as applicable: 1. Schedule of Values (Section 01350—Submittals) 2. Trench Safety Program (Section 01570—Trench Safety System) (.11 \ 3. Construction Schedule (Section 01350— Submittals) 4. Pre-construction Photographs (Section 01380—Construction Photographs) 5. Installation and acceptance of Project Identification Sign(s) (Section 01580—Project Identification Signs) 6. Installation and acceptance of Field Office (Section 01500—Temporary Facilities and Controls) 7. Installation and acceptance of TPDES requirements (Section 01565 - TPDES Requirements) C. Payment for 25%of the Mobilization lump sum bid item may be included in the second monthly Application for Payment. Payment is subject to the receipt and approval by Engineer of the following items, as applicable: 1. Installation of High Speed Internet Access (Section 01500—Temporary Facilities and Controls) 2. Laptop Computer(Section 00800—Special Conditions of Agreement) D. Payment for 15% of the Mobilization lump sum bid item may be included in the third monthly Application for Payment. E. Payment for the remaining 10%of the Mobilization lump sum bid item may be included in the fourth monthly Application for Payment. 09/2012 01505- 1 of 1 CITY OF PEARLAND MOBILIZATION G. Mobilization payments will be subject to Retainage as stipulated in Section 00700 General Conditions of Agreement. 2.0 PRODUCTS 2.01 PROJECT IDENTIFICATION SIGNS A. Provide specified number of project identification sign(s)per Section 01580. The name, address and contact information of the general contractor for the project shall be shown on the sign per Section 01580 and the attached exhibit. 3.0 EXECUTION 3.01 PLACEMENT OF PROJECT IDENTIFICATION SIGNS A. Place a Project Identification Sign as described in Section 01580, part 1.03, D visible to passing traffic or as directed by Engineer. END OF SECTION n 09/2012 01505- 1 of 1 City of Pearland WRF Chemical Containment Area Coating WASTE MATERIAL DISPOSAL (1111.6\ SUPPLEMENTARY SPECIFICATION SECTION 01562 WASTE MATERIAL DISPOSAL The following supplement modifies Specification Section 01562. Where a portion of the Specification is modified or deleted by this Supplementary Specification, the unaltered portions of the Specification shall remain in effect. a. Delete 1.01B Reference to the Technical Specification"Section 01566—Source Controls for Erosion& Sedimentation" END OF SUPPLEMENT (41111.6\' (1111\ 01562-S-1 2/10/17 THIS PAGE INTENTIONALLY LEFT BLANK CITY OF PEARLAND WASTE MATERIAL DISPOSAL Section 01562 WASTE MATERIAL DISPOSAL 1.0 GENERAL 1.01 SECTION INCLUDES A Disposal of waste material and salvageable material. B References to Technical Specifications: 1. Section 01350—Submittals 2. Section 01566—Source Controls for Erosion &Sedimentation 3. Section 01600—Materials &Equipment 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Obtain and submit applicable permits for proposed disposal sites. C Submit a Waste Material Disposal Plan. D Submit a copy of written permission from property owners,along with a description of the property,prior to disposal of excess material adjacent to the Project Site. Submit a written and signed release from property owner upon completion of disposal work. City of Pearland requires individual fill placement permits for all fill placed within the City limits. 1.04 WASTE MATERIAL DISPOSAL PLAN A Contractor shall formulate and implement a plan for the collection and disposal of waste materials on the Project Site which includes the following information: 1. Schedule for collection and inspection. 2. Location of trash and waste receptacles. 3. Provisions for liquid waste and potential water pollutants material. B The plan shall comply with applicable federal, state, and local health and safety regulations and Section 01566—Source Controls for Erosion& Sedimentation. 2.0 PRODUCTS - NotUsed 07/2006 01562- 1 of 3 CITY OF PEARLAND WASTE MATERIAL DISPOSAL 3.0 EXECUTION 3.01 SALVAGEABLE MATERIAL A Excavated material: When indicated on Plans, load, haul, and deposit excavated material at a location or locations outside the limits of Project Site. B Base, surface, and bedding material: Deliver gravel, asphaltic, or other base and surfacing material designated for salvage to the location designated by the Engineer. C Pipe culvert: Deliver culverts designated for salvage to Owner's storage area. D Other salvageable materials: Conform to requirements of individual Technical Specifications. E Coordinate delivery of salvageable material with Engineer. F When temporary, on-site storage of salvaged materials is required, comply with applicable provisions of Section 01600—Materials &Equipment. 3.02 SEDIMENT DISPOSAL A Remove sediment deposits and dispose of them at the designated spoil site for the Project. If a spoil site is not designated on the Plans, dispose of sediment off site at a location not in or adjacent to a stream or floodplain. B Off-site disposal is the responsibility of the Contractor. C Sediment to be placed at the Project Site should be spread evenly throughout the designated area,compacted and stabilized. Sediment shall not be allowed to flush into a stream or drainage way. D If sediment has been contaminated,it shall be disposed of in accordance with existing federal, state, and local rules and regulations. _ 3.03 EXCESS MATERIAL,WASTE,AND EQUIPMENT A Vegetation,rubble,broken concrete,debris,asphaltic concrete pavement,excess soil, and other materials not designated for salvage,shall become the property of Contractor and shall be removed from the Project Site and legally disposed of. B Dispose of removed equipment,materials,waste and debris in a manner conforming to applicable laws and regulations C Excess soil may be deposited on private property adjacent to the Project Site when written permission is obtained from property owner under the provisions of this Section, 1.03D. l 07/2006 01562-2 of 3 CITY OF PEARLAND WASTE MATERIAL DISPOSAL D Verify the flood plain status of any proposed disposal site. Do not dispose of excavated materials in an area designated as within the 100-year Flood Hazard Area. E Waste materials shall be removed from the site on a daily basis, such that the site is maintained in a neat and orderly condition. F No materials shall be disposed in a manner to damage the Owner in any way. END OF SECTION 07/2006 01562-3 of 3 THIS PAGE INTENTIONALLY LEFT BLANK CITY OF PEARLAND MATERIAL AND EQUIPMENT Section 01600 MATERIAL AND EQUIPMENT 1.0 GENERAL 1.01 SECTION INCLUDES A Requirements for transportation, delivery, handling, and storage of materials and equipment. B References to Technical Specifications: 1. Section 01566—Source Controls for Erosion &Sedimentation 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this work is a component. 1.03 PRODUCTS A Products: Means material,equipment,or systems forming the Work. Does not include machinery and equipment used for preparation,fabrication,conveying and erection of the Work. Products may also include existing materials or components designated for reuse. B Do not reuse materials and equipment, designated to be removed,except as specified by the Contract Documents. C Provide equipment and components from the fewest number of manufacturers as is practical, in order to simplify spare parts inventory and to allow for maximum interchangeability of components. For multiple components of the same size,type or application, use the same make and model of component throughout the Work. 1.04 TRANSPORTATION A Make arrangements for transportation, delivery, and handling of equipment and materials required for timely completion of the Work. B Transport and handle products in accordance with instructions. C Consign and address shipping documents to the proper party giving name of Project, street number, and City. Shipments shall be delivered to the Contractor. 1.05 DELIVERY A Arrange deliveries of products to accommodate the Construction Schedule and in ample time to facilitate inspection prior to installation. Avoid deliveries that cause lengthy storage or overburden of limited storage space. 07/2006 01600- 1 of 3 CITY OF PEARLAND MATERIAL AND EQUIPMENT B Coordinate deliveries to avoid conflict with Work and conditions at the Project Site and to accommodate the following: 1. Work of other contractors or the Owner. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. Owner's use of premises. C Have products delivered to the Project Site in manufacturer's original, unopened, labeled containers. D Immediately upon delivery, inspect shipment to assure: 1. Product complies with requirements of Contract Documents. 2. Quantities are correct. 3. Containers and packages are intact; labels are legible. 4. Products are properly protected and undamaged. 1.06 PRODUCT HANDLING A Coordinate the off-loading of materials and equipment delivered to the Project Site. If necessary to move stored materials and equipment during construction, Contractor shall relocate materials and equipment at no additional cost to the Owner. B Provide equipment and personnel necessary to handle products, including those provided by the Owner, by methods to prevent damage to products or packaging. C Provide additional protection during handling as necessary to prevent breaking scraping, marring, or otherwise damaging products or surrounding areas. D Handle products by methods to prevent over bending or overstressing. E Lift heavy components only at designated lifting points. F Handle materials and equipment in accordance with Manufacturer's recommendations. G Do not drop, roll, or skid products off delivery vehicles. Hand carry or use suitable materials handling equipment. 1.07 STORAGE OF MATERIAL A Store and protect materials in accordance with manufacturer's recommendations and requirements of these Technical Specifications. Control storage of potential water pollutants in conformance with Section 01566 — Source Controls for Erosion & Sedimentation. B Make necessary provisions for safe storage of materials and equipment. Place loose soil materials,and materials to be incorporated into the Work to prevent damage to any part of the Work or existing facilities and to maintain free access at all times to all parts of the Work and to utility service company installations in the vicinity of the '' Work. 07/2006 01600-2 of 3 CITY OF PEARLAND MATERIAL AND EQUIPMENT C Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors, public travel, adjoining owners, tenants, and occupants. Arrange storage in a mariner to provide easy access for inspection. D Provide adequately ventilated, watertight storage facilities with floor above ground level for materials and equipment susceptible to weather damage. E Restrict storage to areas available on the construction site for storage of material and equipment as shown on Plans or approved by the Project Manager. F Provide off-site storage and protection when on-site storage is not adequate. G Do not use lawns, grass plots, or other private property for storage purposes without written permission of the owner or other person in possession or control of such _ premises. Damage to lawns,sidewalks,streets or other improvements shall be repaired or replaced to the satisfaction of the Project Manager. H Protect stored materials and equipment against loss or damage. I Store materials in manufacturers'unopened containers. J Materials delivered and stored along the line of the Work shall be not closer than 3 feet to any fire hydrant. Public and private drives and street crossings shall be kept open. K The total length which materials may be distributed along the route of construction at any one time is 1000 lineal feet, unless otherwise approved in writing by the Project Manager. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION • 07/2006 01600-3 of 3 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS Section 01630 PRODUCT OPTIONS AND SUBSTITUTIONS 1.0 GENERAL 1.01 SECTION INCLUDES A Options for making product or process selections. B Procedures for proposing equivalent construction products or processes,including pre- approved, and approved products or processes C References to Technical Specifications: 1. Section 01350—Submittals 1.02 SUBMITTALS A Make Submittals required by this and related Sections under the provisions of Section 01350—Submittals. 1.03 DEFINITIONS A Product: Means,materials,equipment,or systems incorporated into the Work.Product does not include machinery and equipment used for production,fabrication,conveying, and erection of the Work. Products may also include existing materials or components designated for re-use. B Process: Any proprietary system or method for installing system components resulting in an integral, functioning part of the Work. For this Section, the word Product includes Processes. 1.04 SELECTION OPTIONS A Pre-approved Products: Products of certain manufacturers or suppliers are designated in the Technical Specifications as"pre-approved". Products of other manufacturers or suppliers will not be acceptable under this Contract and will not be considered under the submittal process for approving alternate products. B Approved Products: Products of certain manufacturers or suppliers designated in the Technical Specifications followed by the words "or approved equal". Approval of alternate products not listed in the Technical Specifications may be obtained through provisions of this Section and Section 01350—Submittals. The procedure for approval of alternate products is not applicable to Pre-approved Products. C Product Compatibility: To the maximum extent possible,provide products that are of the same type or function from a single manufacturer, make, or source. Where more Cub'\ than one choice is available as a Contractor's option, select a product which is compatible with other products already selected, specified, or in use by the Owner. 07/2006 01630- 1 of 3 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS 1.05 CONTRACTOR'S RESPONSIBILITY ��, A Furnish information the Engineer deems necessary to judge equivalency of the I alternate product. B Pay for laboratory testing as well as any other review or examination cost needed to establish the equivalency between products which enables the Engineer to make such a judgment. C If the Engineer determines that an alternate product is not equivalent to that named in the Technical Specifications,the Contractor shall furnish one of the specified products. 1.06 ENGINEER'S REVIEW A Alternate products may be used only if approved in writing by the Engineer. The Engineer's determination regarding acceptance of a proposed alternate product is final. B Alternate products will be accepted if the product is judged by the Engineer to be equivalent to the specified product or to offer substantial benefit to the Owner. C The Owner retains the right to accept any product deemed advantageous to the Owner, and similarly, to reject any product deemed not beneficial to the Owner. 1.07 SUBSTITUTION PROCEDURE A Collect and assemble technical information applicable to the proposed product to aid in determining equivalency as related to the Approved Product specified. B Submit a written request for a product to be considered as an alternate product along with the product information within fourteen (14) days after the Effective Date of the Agreement. C After the submittal period has expired, requests for alternate products will be considered only when a specified product becomes unavailable because of conditions beyond the Contractor's control. D Submit 5 copies of each request for alternate product approval. Include the following information: 1. Complete data substantiating compliance of proposed substitution with Contract Documents. 2. For products: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature with product description, performance and test data, and reference standards. c. Samples, as applicable. d. Name and address of similar projects on which product was used and date of installation. Include the name of. the Owner, Architect/Engineer, and installing contractor. 07/2006 01630-2 of 3 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS 3. For construction methods: a. Detailed description of proposed method. b. Shop Drawings illustrating methods. 4. Itemized comparison of proposed substitution with product or method specified. 5. Data relating to changes in Construction Schedule 6. Relationship to separate contracts, if any. 7. Accurate cost data on proposed substitution in comparison with product or method specified. 8. Other information requested by the Engineer. E Approved alternate products will be subject to the same review process as the specified product would have been for Shop Drawings, Product Data, and Samples. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01630-3 of 3 THIS PAGE INTENTIONALLY LEFT BLANK 7 1 CITY OF PEARLAND PROJECT RECORD DOCUMENTS Section 01760 PROJECT RECORD DOCUMENTS 1.0 GENERAL 1.01 SECTION INCLUDES A Maintenance and Submittal of Record Documents and Samples. B References to Technical Specifications: 1. Section 01350—Submittals 2. Section 01770—Contract Closeout 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this and related Sections under the provisions of Section 01350—Submittals. 1.04 MAINTENANCE OF DOCUMENTS AND SAMPLES A Maintain one copy of Record Documents at the Project Site in accordance with Section 00700 — General Conditions of Agreement, 3.02 "Keeping Plans and Specifications Accessible". B Store Record Documents and Samples in field office if a field office is required by Contract Documents, or in a secure location. Provide files,racks, and secure storage for Record Documents and Samples. C Label each document "PROJECT RECORD" in neat, large,printed letters. D Maintain Record Documents in a clean,dry, and legible condition. Do not use Record Documents for construction purposes. E Keep Record Documents and Samples available for inspection by Engineer. 1.05 RECORDING A Record information concurrently with construction progress. Do not conceal any work until required information is recorded. B Plans, Change Orders, and Shop Drawings: Legibly mark each item to record all actual construction, or "as built" conditions, including: 1. Measured horizontal locations and elevations of underground utilities and appurtenances, referenced to permanent surface improvements. 07/2006 01760- 1 of 2 • CITY OF PEARLAND PROJECT RECORD DOCUMENTS 2. Elevations of underground utilities referenced to bench marks utilized for the Work. 3. Field changes of dimension and detail. 4. Changes made by modifications. 5. Details not on original Plans. 6. References to related Shop Drawings and Modifications. C Record information with a red pen or pencil on a set of drawings indicated as the Record Document Set, provided by Engineer. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION A Deliver Record Documents and Samples to Owner in accordance with Section 01770— Contract Closeout. END OF SECTION 07/2006 01760-2 of 2 CITY OF PEARLAND CONTRACT CLOSEOUT Section 01770 CONTRACT CLOSEOUT 1.0 GENERAL 1.01 SECTION INCLUDES A Closeout procedures including final submittals such as operation and maintenance data, warranties, and spare parts and maintenance materials. B References to Technical Specifications: 1. Section 01350—Submittals 2. Section 01760—Project Record Documents 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.04 CLOSEOUT PROCEDURES A Comply with Section 00700 — General Conditions of Agreement regarding Final Completion and Final Payment when Work is complete and ready for Engineer's final inspection. B Provide Record Documents under provisions of Section 01760 — Project Record Documents. C Complete or correct items on punch list,with no new items added. Any new items will be addressed during warranty period. D The Owner will occupy portions of the Work as specified in Section 00700—General Conditions of Agreement. E Contractor shall request Final Inspection at least two weeks prior to Final Acceptance. 1.05 FINAL CLEANING A Execute final cleaning prior to final inspection. B Clean debris from drainage systems. C Clean Project Site; sweep paved areas, rake clean landscaped surfaces. 09/2009 01770- 1 of 2 CITY OF PEARLAND CONTRACT CLOSEOUT D Remove waste and surplus materials, rubbish, and temporary construction facilities from the Project Site following the final test of utilities and completion of the Work. 1.06 OPERATION AND MAINTENANCE DATA A Submit Operations and Maintenance data under provisions of Section 01350 — Submittals. 1.07 WARRANTIES A Provide one original of each warranty from Subcontractors, Suppliers, and Manufacturers. B Provide Table of Contents and assemble warranties in 3-ring/D binder with durable plastic cover. C Submit warranties prior to Final Application for Payment. 1. Warranties shall commence in accordance with the requirements of Section 00700—General Conditions of Agreement, 1.09 "Substantially Completed". 2.0 PRODUCTS - Not Used 3.0 EXECUTION Contractor shall diligently pursue completion of the items and activities contained in the Contract Close Out and Project Record Document sections of the project manual. Notwithstanding any performance of warranty work, the work of Contract Closeout shall be complete within thirty(30) days of the date of Final Completion and Acceptance of the work. END OF SECTION 09/2009 01770-2 of 2 CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 2 TECHNICAL SPECIFICATIONS DIVISION 2 SITE WORK 07/2006 ( THIS PAGE INTENTIONALLY LEFT BLANK City of Pearland WRF Chemical Containment Area Coating SITE PREPARATION (11.1'‘ SUPPLEMENTARY SPECIFICATION SECTION 02200 SITE PREPARATION The following supplement modifies Specification Section '02200. Where a portion of the Specification is modified or deleted by this Supplementary Specification, the unaltered portions of the Specification shall remain in effect. 1. Delete 1.01F Reference to the following Technical Specifications: a. "Section 02255 —Bedding, Backfill and Embankment Material" b. "Section 02330—Embankment" END OF SUPPLEMENT (°1111b\ 02200-S-1 2/10/17 - THIS PAGE INTENTIONALLY LEFT BLANK CITY OF PEARLAND SITE PREPARATION Section 02200 SITE PREPARATION 1.0 GENERAL 1.01 SECTION INCLUDES A Removal of topsoil, stripping and stockpiling, clearing and grubbing. B Removal and disposal of waste materials, excess materials, debris and trash. C Removal of obstructions. D Excavation and fill. E Salvaging of designated item. F References to Technical Specifications: 1. Section 01200—Measurement and Payment Procedures 2. Section 01350—Submittals 3. Section 01450—Testing Laboratory Services 4. Section 01500—Temporary Facilities and Controls 5. Section 02255—Bedding, Backfill and Embankment Material 6. Section 02330—Embankment 7. Section 01140—Contractor's Use of Premises G Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 4318, "Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils" 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. B If Site Preparation is included as a Bid Item,measurement will be based on the Units shown in Section 00300 — Bid Proposal and in accordance with Section 01200 — Measurement and Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit embankment material sources and product quality information in accordance this Section. 07/2006 02200- 1 of 4 CITY OF PEARLAND SITE PREPARATION 1.04 TESTING A Testing and analysis of product quality, material sources, or field quality shall be performed by an independent testing laboratory provided by the Owner under the provisions of Section 01450 — Testing Laboratory Services and as specified in this Section. 1.05 PROTECTION OF PEOPLE AND PROPERTY A Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500—Temporary Facilities and Controls. 2.0 PRODUCTS 2.01 MATERIALS A Contractor shall provide materials used as embedment, backfill, back-dressing, and embankment identified on the Plans in accordance with Section 02255 — Bedding, Backfill and Embankment Material. 3.0 EXECUTION 3.01 CLEARING AND GRUBBING. A Clear Project Site of trees,shrubs,and other vegetation,except for those designated by Owner to be left standing. B Use only hand methods for grubbing inside drip line of trees designated to remain. C Completely remove stumps,roots,and other debris protruding through ground surface. 1. On areas required for roadway, channel, or structural excavation, remove stumps, 2" diameter or larger limbs and roots, to depth of 2 feet below lower elevation of excavation. 2. On areas required for embankment construction, remove 2" diameter limbs, stumps and roots to depth of 2 feet below ground surface 3. Trees and stumps may be cut off as close to natural ground as practicable on areas which are to be covered by at least 3 feet of embankment D Fill depressions caused by clearing and grubbing operations with satisfactory soil material, unless further excavation or earthwork is indicated. 1. Place fill material in horizontal layers not exceeding 6 inches loose depth,and thoroughly compact to density equal to adjacent original ground. E Complete operations by bulldozing,blading, and grading so that prepared area is free of holes, unplanned ditches, abrupt changes in elevations and irregular contours, and preserve drainage of area. 1. Blade entire area to prevent ponding of water and to provide drainage,except in areas to be immediately excavated 07/2006 02200-2 of 4 CITY OF PEARLAND SITE PREPARATION � 3.02 TOPSOIL STRIPPING AND STOCKPILING (1.16s A Obtain approval of topsoil quality before excavating and stockpiling. B Excavate topsoil for esplanades and areas to receive grass or landscaping from areas to be further excavated. C Topsoil Stripping: 1. Remove growths of grass from areas before stripping. 2. Topsoil is defined as surface soil found of depth of not less than 4 inches. 3. Strip topsoil to depths encountered. 4. Perform stripping in a manner to prevent intermingling of topsoil with underlying sterile subsoil and remove objectionable materials,including clay lumps, stones over 2 in. in diameter, weeds, roots, leaves, and debris. 5. Where trees are designated by Owner to be left standing,stop topsoil stripping at extreme limits of tree drip line to prevent damage to main root system. D Topsoil Stockpiling: 1. Stockpile in areas designated on Plans. 2. Construct storage piles to freely drain surface water. 3. Cover storage piles, if required to prevent wind-blown dust. 4. Stockpile topsoil to depth not exceeding 8 feet. Stockpile in a manner to prevent erosion. 3.03 UNSUITABLE MATERIAL A Undercut, remove, and replace material which Engineer designates as unsuitable for subsequent construction. B Material used to replace unsuitable material shall be suitable material from site excavation or as indicated on Plans. 3.04 EXCAVATION AND FILL A Depressed site areas shall be filled using material from high areas, insofar as practicable. B When fill obtained from high areas is exhausted, fill to indicated rough grade elevations under roadways with"Structural Fill"and open areas not under structures or roadways with "General Fill", or as indicated on Plans. C Place and compact fill in accordance with Section 02330—Embankment. 3.05 SALVAGEABLE ITEMS AND MATERIAL A Items designated by Engineer to be salvaged are to be carefully removed,so as to cause no damage to the salvaged items and delivered to Owner's storage yard. 07/2006 02200-3 of 4 CITY OF PEARLAND SITE PREPARATION 3.06 CLEAN-UP AND RESTORATION A Perform clean-up and restoration in and around construction zone in accordance with 1 Section 01140—Contractor's Use of Premises. END OF SECTION 07/2006 02200-4 of 4 CITY OF PEARLAND SITE DEMOLITION Section 02220 C."\ SITE DEMOLITION 1.0 GENERAL 1.01 SECTION INCLUDES A Demolishing and removing existing pavements, structures, equipment and materials only to the extent as indicated on the Plans. B Removing concrete paving, asphaltic concrete pavement, and base courses. C Removing concrete curbs, concrete curb and gutters, sidewalks and driveways. D Removing pipe culverts and sewers. E Removing miscellaneous structures of wood, plastics, metals, concrete, masonry, or combination of concrete and masonry, etc. F Disposing of demolished materials and equipment. G References to Technical Specifications: 1. Section 01200—Measurement and Payment Procedures 2. Section 01350—Submittals (.16' 3. Section 01500—Temporary Facilities and Control 4. Section 01100—Summary of Work 5. Section 01730—Cutting and Patching 6. Section 01140—Contractor's Use of Premises 7. Section 01562—Waste Material Disposal 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for removing and disposing of existing pavement and structures under this Section. Include cost for removing and disposing of existing pavement and structures in Bid Items for which this Work is a component. B If indicated as a Bid Item, measurement will be as follows: 1. Measurement for removing and disposing of concrete base and surfacing,and removing asphaltic surfacing,is on a square yard basis measured between lips of gutters. 2. Measurement for removing and disposing of cement stabilized shell base course, with or without asphalt surfacing, is on a square yard basis. 3. Measurement for removing and:disposing of concrete base and surfacing with curbs,is on a square yard basis measured from back to back of curbs. Payment includes removal of all base,asphaltic surfacing,concrete pavement,esplanade curbs, curb and gutters, and paving headers. 04/2008 02220- 1 of 5 CITY OF PEARLAND SITE DEMOLITION 4. Measurement for removing and disposing of concrete pavement is on a square yard basis measured from back to back of curbs. 5. Measurement for removing and disposing of monolithic curb and gutter, removing monolithic concrete curb, and removing concrete curb,is on a lineal foot basis measured along the face of the curb. 6. Measurement for removing and disposing of concrete sidewalk and driveway is on a square yard basis. 7. Measurement for removing and disposing of miscellaneous concrete and masonry removal is on a cubic yard basis of the structure in place. 8. Measurement for removing and disposing of pipe culverts and sewers is on a lineal foot basis for each diameter of type of pipe removed. 9. Measurement for removing and disposing of unlisted materials shall be on the lump sum basis. C No payment will be made for work outside maximum payment limits indicated on Plans, or in areas removed for Contractor's convenience. D Refer to Section 01200—Measurement and Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit proposed methods, equipment, materials and sequence of operations for demolition. Describe coordination for shutting off,capping,and removing temporary utilities. Plan operations to minimize temporary disruption of utilities to existing facilities or adjacent property. C Submit proposed demolition and removal schedule for approval. Notify Engineer in writing at least 48 hours before starting demolition. D Submit an approved copy of demolition schedule to Engineer prior to commencement of demolition operations. E Obtain a permit for building demolition, as required. 1.04 PROTECTION OF PEOPLE AND PROPERTY A Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500—Temporary Facilities and Controls. B The Contractor shall be responsible for safety and integrity of adjacent structures and shall be liable for any damage due to movement or settlement. Provide proper framing and shoring necessary for support. Cease operations if an adjacent structure appears to be endangered. Resume demolition only after proper protective measures have been taken. 04/2008 02220-2 of 5 CITY OF PEARLAND SITE DEMOLITION 1.05 OWNERSHIP OF MATERIAL AND EQUIPMENT A Materials and equipment designated for reuse or salvage are listed in Section 01100— Summary of Work. Protect items designated for reuse or salvage from damage during demolition, handling and storage. Restore damaged items to satisfactory condition. B Materials and equipment not designated for reuse or salvage become the property of the Contractor. 1.06 STORAGE AND HANDLING A Store and protect materials and equipment designated for reuse until time of installation. B Deliver and unload items to be salvaged to storage areas indicated on Plans. C Remove equipment and materials not designated for reuse or salvage and all waste and debris resulting from demolition from site. Remove material as work progresses to avoid clutter. 2.0 PRODUCTS 2.01 EQUIPMENT AND MATERIALS FOR DEMOLITION A Use equipment and materials approved as prescribed in this Section, 1.03"Submittals'. B Use of a"drop hammer"must have the Engineer's prior approval. 3.0 EXECUTION • 3.01 EXAMINATION A Prior to demolition, make an inspection with Engineer to determine the condition of existing structures and features adjacent to items designated for demolition. B Engineer will mark or list existing equipment to remain the property of the Owner. C Do not proceed with demolition or removal operations until after the joint inspection and subsequent authorization by Engineer. D Stop demolition and notify Engineer if underground fuel storage tanks, asbestos, PCB's, contaminated soils, or other hazardous materials are encountered. 3.02 UTILITY SERVICES A Follow rules and regulations of authorities or companies having jurisdiction over communications, pipelines, and electrical distribution services. B Notify and coordinate with utility company and adjacent building occupants when temporary interruption of utility service is necessary. 04/2008 02220-3 of 5 CITY OF PEARLAND SITE DEMOLITION C When required by the Work, cutting, patching, and fitting of Work to existing facilities,accommodating installation or connection of Work with existing facilities,or '" , uncovering Work for access, inspection, or testing shall be performed in accordance with Section 01730—Cutting and Patching 3.03 MECHANICAL WORK ITEMS A Mechanical removals consist of dismantling and removing existing piping, pumps, motors,water tanks,equipment and other appurtenances. It includes cutting,capping, and plugging required to restore use of existing utilities. B Remove existing process, water,chemical, gas, fuel oil and other piping not required for new work. Take out piping to the limits shown or to a point where it will not interfere with the new work. Piping not indicated to be removed or which does not interfere with new work shall be removed to the nearest solid support,capped,and the remainder left in place. Purge chemical and fuel lines and tanks. Verify that such lines are safe prior to removal or capping. C Where piping that is to be removed passes through existing walls, cut and cap piping on each side of the wall. Use cap appropriate for pipe material to be capped. Provide fire-rated sealant for walls classified as fire-rated. D When underground piping, which is not located in the public right-of-way, is to be altered or removed,cap the remaining piping. Abandoned underground piping may be left in place unless it interferes with new work or is shown or specified to be removed. Piping less than 15 inches in diameter may be plugged and abandoned in place. For piping 15 inches in diameter and greater to be abandoned,fill with sand,pressure grout or other approved method and plug with concrete or brick masonry bulkhead. E Remove waste and vent piping to points shown. Plug pipe and cleanouts and plugs. Where vent stacks pass through an existing roof that is to remain,remove the stack and patch the hole in the roof,making it watertight. Comply with requirements of existing roof installer so as to maintain roof warranty. F Conform to applicable codes when making any changes to plumbing and heating systems. 3.04 ELECTRICAL WORK ITEMS A Electrical removals consist of disconnecting and removing existing switchgear, distribution switchboards,control panels,bus duct, conduits and wires,panel boards, lighting fixtures, and miscellaneous electrical equipment. B Remove existing electrical equipment and fixtures to prevent damage to allow continued operation of existing systems and to maintain the integrity of the grounding systems. 04/2008 02220-4 of 5 CITY OF PEARLAND SITE DEMOLITION C Remove poles and metering equipment, if designated for removal on the Plans. Coordinate electrical removals with the power company, as necessary. Verify that power is properly de-energized and disconnected. D Where shown or otherwise required, remove wiring in underground duct systems. Verify function of wiring before disconnecting and removing. Plug ducts which are not to be reused at entry to buildings. E Changes to electrical systems shall conform to applicable codes. 3.05 CLEAN-UP AND RESTORATION A Perform clean-up and restoration in and around construction zone in accordance with Section 01140—Contractor's Use of Premises. B Remove from the site all items contained in or upon the structure not designated for reuse or salvage in accordance with this Section and Section 01562—Waste Material Disposal. C Follow method of disposal as required by regulatory agencies. END OF SECTION 04/2008 02220-5 of 5 THIS PAGE INTENTIONALLY LEFT BLANK City of Pearland WRF Chemical Containment Area Coating PAINTING (11.1'\ SECTION 09902 PAINTING PART 1 GENERAL 1.01 SCOPE OF WORK A. Furnish all labor,materials, equipment and incidentals required to paint the sodium hypochlorite and sodium bisulfite secondary containment structures at the Barry Rose, Longwood and Southdown Water Reclamation Facilities (WRFs) within the City of Pearland, Texas and install all painting complete as specified herein. Specified coating system shall be applied to concrete and CMU as directed in this Section and the Appendices of these Specifications. 1.02 MEASUREMENT AND PAYMENT A. Measurement for painting of containment area interiors is on a per square foot basis, including surface preparation and all required elements of the Novolac Epoxy Flexible Laminate System measured and complete in place. B. Measurement for painting of containment area exteriors is on a per square foot basis, including surface preparation and all required elements of the Acrylic Block Filler and Acrylic Finish System measured and complete in place. (1/11'4\! 1.03 SUBMITTALS A. Submit the following in accordance with Section 01350: 1. Product Data: For each type of product indicated for use. 2. Samples: Submit the following for each type of coating system and in each color and gloss of finish coat indicated. a. Color cards for initial color selections. b. Three sets of 8-in by 8-in samples, on 1/4-in hardboard, of all colors required for all types of paint. Resubmit until approved. 3. Product List: For each product indicated for use, cross-reference products to coating system and locations of application. 4. Warranty: Submit manufacturer and Contractor standard joint 10-year warranty. 1.04 REFERENCE STANDARDS A. ASTM International (ASTM) 1. D4258, Standard Practice for Surface Cleaning Concrete for Coating. 09902-1 2/10/17 City of Pearland WRF Chemical Containment Area Coating PAINTING 2. D4262, Standard Test Method for pH of Chemically Cleaned or Etched Concrete /,, Surfaces. 3. D4263, Standard Test Method for Indicating Moisture in Concrete by the Plastic Sheet Method. 4. D4414,Practice for Measurement of Wet Film Thickness by Notch Gages 5. D4541, Standard Test Method for Pull-Off Strength of Coatings Using Portable Adhesion Testers. 6. D4787, Standard Practice for Continuity Verification of Liquid or Sheet Linings Applied to Concrete Substrates. B. International Concrete Restoration Institute (ICRI) 1. Technical Guideline No. 03372, Selecting and Specifying Concrete Surface Preparation for Sealers, Coatings, Polymer Overlays, and Concrete Repair. 2. Technical Guideline No. 03730, Guide for Surface Preparation for the Repair of Deteriorated Concrete Resulting from Reinforcing Steel Corrosion. 3. Technical Guideline No. 03731, Guide for Selecting Application Methods for the Repair of Concrete Surfaces. C. The Society for Protective Coatings (SSPC) 1. PA 9, Measurement of Dry Coating Thickness on Cementitious Substrates using Ultrasonic Gages. 2. SP 1, Solvent Cleaning. D. The Society for Protective Coatings/NACE International (SSPC/NACE) 1. SP 13/NACE No. 6, Surface Preparation of Concrete. 2. TR 3/NACE 6A192, Dehumidification and Temperature Control. 3. SSPC-TU 2/NACE 6G197,Design Installation, and Maintenance of Coating Systems for Concrete Used in Secondary Containment 1.05 QUALITY ASSURANCE A. Obtain all materials from a single manufacturer with a minimum of 10 years of verifiable experience providing materials of the type specified in this section. 09902-2 2/10/17 City of Pearland WRF Chemical Containment Area Coating PAINTING B. Submit the material manufacturer's technical service representatives' name, address and telephone number who will be available on the job site to provide information and suggestions on the proper use of the products and systems to be installed. C. At the completion of the work the manufacturers technical service representative, shall submit a report identifying the products used,the surface preparation method employed, and the system application sequence. 1.06 WARRANTY A. The manufacturer and Contractor shall furnish a standard Joint Warranty for a period of ten(10) years after installation. The warranty shall include loss of bond to the substrate, and chemical decomposition of the lining system from normal use. B. Not included in the warranty is damage due to structural design deficiencies, Acts of God, or other elements beyond the scope of protection of the installed system. C. In case of a warranty claim, the Owner will notify the manufacturer and contractor in writing within 30 days of the first appearance of a problem covered under this warranty. The owner will provide free and unencumbered access to the area during normal working hours for warranty rework. Property protection is also the owner's responsibility. Remedy is limited to direct repair of the Lining System. 1.07 DELIVERY, STORAGE, AND HANDLING A. All materials shall be delivered in the manufacturer's undamaged,unopened containers. Each container shall be clearly marked with the following: 1. Product name(s) and/or Number(s) 2. Manufacturer's name 3. Component designation(A, B, etc.) 4. Product Mix Ratio 5. Health and Safety Information 6. CHEMTREC Emergency Response Information B. Provide equipment and personnel to handle the materials by methods, which prevent damage. C. The contractor shall promptly inspect direct job site material deliveries to assure that quantities are correct, comply with requirements and are not damaged. D. Store materials not in use in accordance with manufacturer's instructions, with seals and labels intact and legible. Maintain temperatures within the required range. 09902-3 2/10/17 City of Pearland WRF Chemical Containment Area Coating PAINTING 1. Maintain containers in clean condition, free of foreign materials and residue. 2. Remove rags and waste from storage areas daily. 1.08 PROJECT CONDITIONS A. Apply coatings only when temperature of surfaces to be coated and surrounding air temperatures are between 50 and 95 deg F. B. Do not apply coatings in snow, rain, fog, or mist; when relative humidity exceeds 85 percent; at temperatures less than 5 deg F above the dew point; or to damp or wet surfaces. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Manufacturers: Provide products by one of the following: 1. The Sherwin Williams Company or approved equal. 2.02 MATERIALS A. System Overview: 1. Concrete Repair—Designated areas of the concrete slab shall receive application of manufacturer approved epoxy mortar or cementitious mortar. Thickness shall be sufficient to replace damaged concrete and restore the surface to required elevation. The selection of cementitious or epoxy mortar shall be at the discretion of the contractor to meet the desired requirements of workability and cure time. 2. Concrete Crack and Joint Details—Exposed cracks, construction joints, contraction joints, and isolation joints shall be prepared and detailed in accordance with the attached detail drawings. Should any conditions or joint design be discovered that is not detailed in the attached drawings,the contractor shall notify the owner and consult with the material manufacturer for recommendations. Exposed joint systems shall be sealed with manufacturer recommended sealant based upon chemical exposure anticipated. 3. Lining System—All secondary containment exposed concrete surfaces shall receive application of the selected coating/lining system listed below based upon anticipated chemical exposures and/or expected differential movement of substrate B. Material Compatibility: 1. Provide materials for use within each coating system that are compatible with one • another and substrates indicated,under conditions of service and application as demonstrated by manufacturer, based on testing and field experience. 09902-4 2/10/17 City of Pearland WRF Chemical Containment Area Coating PAINTING (lw 2. Provide products of same manufacturer for each coat in a coating system. C. All painting materials shall be delivered to the work site in unbroken packages, bearing the manufacturer's brand and name. They shall be used without adulteration and mixed, thinned and applied in strict accordance with manufacturer's directions for the applicable materials and surface and with the Engineer's approval before using. D. Shop priming shall be done with primers that are guaranteed by the manufacturer to be compatible with the finish paints to be used. E. Work areas will be designated by the Engineer for storage and mixing of all painting materials. Materials shall be in full compliance with the requirements of pertinent codes and fire regulations. Proper containers outside of the buildings shall be provided and used for painting wastes and no plumbing fixture shall be used for this purpose. F. Colors: As per Owner's preference. 2.03 TESTING EQUIPMENT A. Furnish to the Engineer for use on the Project for paint inspection, wet and dry film thickness gauges and all other equipment required by the Engineer for inspection. PART 3 EXECUTION 3.01 EXAMINATION A. Examine substrates and conditions, with Applicator present, for compliance with requirements for maximum moisture content and other conditions affecting performance of work. 1. Maximum Moisture Content of Substrates: When measured with an electronic moisture meter as follows: a. Concrete: 12 percent. b. Masonry (CMU): 12 percent. 2. Verify compatibility with and suitability of substrates, including compatibility with existing finishes or primers. 3. Begin coating application only after unsatisfactory conditions have been corrected and surfaces are dry. 4. Coating application indicates acceptance of surfaces and conditions. 09902-5 2/10/17 City of Pearland WRF Chemical Containment Area Coating PAINTING 3.02 PREPARATION A. Concrete Surface Preparation 1. Concrete surfaces shall be prepared in accordance with the International Concrete Repair Institute Guideline No. 03732 to provide a Concrete Surface Profile CSP 3— CSP 5, and the recommendations of the concrete repair and lining system manufacturer. According to ICRI, surface preparation methods that may result in a CSP 3 —CSP 5, include acid etching, grinding, abrasive blasting, needle scaling, and high pressure water jetting. 2. All concrete prepared per abrasive blasting shall be thoroughly pressure washed using a minimum of 3000 psi potable water utilizing a rotary tip to remove all spent abrasive, and loose mortar, etc. 3. All concrete surfaces to be coated shall be clean, dull, dry, and in sound condition. 4. pH readings of the concrete shall be taken within 24 hours of coating. Readings of 9-13 are acceptable. If readings are less than 9 the concrete shall be abrasive blasted again and power-washed with a solution of TAZ-B300 and pH readings re- taken to ensure the cleanliness of the concrete. If pH readings are below 9 the process shall be repeated until pH reading of 9 or greater are achieved. 3.03 WORKMANSHIP A. General 1. At the request of the Engineer, sample areas of the finished work prepared in strict accordance with this Section shall be furnished and all painting shall be equal in quality to the approved sample areas. Finished areas shall be adequate for the purpose of determining the quality of workmanship. Experimentation with factory or paint manufacturer's warehouse mixed colors shall be furnished to the satisfaction of the Engineer where standard chart colors are not satisfactory. 2. Protection of furniture and other movable objects, equipment, fittings and accessories shall be provided throughout the painting operation. Canopies of lighting fixtures shall be loosened and removed from contact with surface, covered and protected and reset upon completion. Remove all electric plates, surface hardware, etc., before painting,protect and replace when completed. Mask all machinery name plates and all machined parts not receiving a paint finish. Dripped or spattered paint shall be promptly removed. Lay drop cloths in all areas where painting is being done to adequately protect flooring and other work from all damage during the operation and until the finished job is accepted. 09902-6 2/10/17 City of Pearland WRF Chemical Containment Area Coating PAINTING B. Field Painting 1. All painting at the site shall be under the strict inspection of the Engineer. Only skilled painters and, where dictated by special conditions or systems and so ordered, specialist painters shall be used on the work. 2. All paint shall be at room temperature before applying, and no painting shall be done when the temperature is below 60 degrees F, in dust-laden air, when rain or snow is falling, or until all traces of moisture have completely disappeared from the surface to be painted. 3. Successive coats of paint shall be different shades (from paint manufacturer's stock or shop mixed paint) of the required colors so as to make each coat easily distinguishable from each other with the final undercoat the approximate shade of the finished coat to ensure no show-through as approved. 4. Finish surfaces shall not show brush marks or other irregularities. Undercoats shall be thoroughly and uniformly sanded with the type paper appropriate for the undercoats to remove defects and provide a smooth even surface. Top and bottom edges of doors shall be painted. 5. Painting shall be continuous and shall be accomplished in an orderly manner so as to facilitate inspection. Materials subject to weather shall be primed coated as quickly as possible. Surfaces of exposed members that will be inaccessible after erection shall be cleaned and painted before erection. 6. All painting shall be performed by approved methods with number of coats modified as required to obtain the total dry film thickness specified. Spray painting shall be performed specifically by methods submitted and as approved by the Engineer. 7. All surfaces to be painted as well as the atmosphere in which painting is to be done shall be kept warm and dry by heating and ventilation, if necessary, until each coat of paint has hardened. Any defective paint shall be scraped off and repainted in accordance with the Engineer's directions. 8. Before final acceptance of the work, all damaged surfaces of paint shall be cleaned and repainted as directed by the Engineer. 3.04 FIELD QUALITY CONTROL A. Owner reserves the right to invoke the following procedure at any time and as often as Owner deems necessary during the period when coatings are being applied: 1. Owner will engage the services of a qualified testing agency to sample coating material being used. Samples of material delivered to Project site will be taken, identified, sealed, and certified in presence of Contractor. 09902-7 2/10/17 City of Pearland WRF Chemical Containment Area Coating PAINTING 2. Testing agency will perform tests for compliance with specified requirements. J 3. Owner may direct Contractor to stop applying coatings if test results show materials being used do not comply with specified requirements. Contractor shall remove noncomplying coating materials from Project site,pay for testing, and recoat surfaces coated with rejected materials. Contractor will be required to remove rejected materials from previously coated surfaces if, on recoating with complying materials,the two coatings are incompatible. 3.05 CLEANING AND PROTECTION A. At end of each workday, remove rubbish, empty cans, rags, and other discarded materials from Project site. B. After completing coating application, clean spattered surfaces. Remove spattered coatings by washing, scraping, or other methods. Do not scratch or damage adjacent finished surfaces. C. Protect work of other trades against damage from coating operation. Correct damage by cleaning, repairing, replacing, and recoating, as approved by Engineer, and leave in an undamaged condition. D. At completion of construction activities of other trades, touch up and restore damaged or defaced coated surfaces. 3.06 PAINTING SCHEDULE A. All colors will be selected by the Owner or Owner's Representative. B. The following surfaces shall have the types of paint scheduled below applied at the dry film thickness (DFT) in mils per coat noted: 1. Novolac Epoxy Flexible Laminate System: Existing concrete masonry units (interior side of secondary containment area walls, top of walls, and top eight inches of the exterior side of the walls) and existing concrete floors inside the secondary containment areas scheduled for painting. System must be resistant to sodium hypochlorite (9 to 15 percent) and sodium bisulfite (25 to 44 percent): a. Cor-Cote HCR Flexible Basecoat Laminate (100% solids epoxy) 1) Fill "bug-holes" and voids with Dura-Plate 2300 Waterbased Cementitious Epoxy Resurfacer, or approved equal. 2) All CMU block on the interior portion of the containment including the top of the highest block and down to the joint where the top block and next to the top block on the exterior of the containment pit interface shall be resurfaced with Dura-Plate 2300 Waterbased Cementitious Epoxy Resurfacer, or approved equal. 3) All CMU block on the interior portion of the containment including the top of the highest block and down to the joint where the top block and 09902-8 2/10/17 City of Pearland WRF Chemical Containment Area Coating PAINTING ,may next to the top block on the exterior of the containment pit interface shall be primed with Corobond 100 Epoxy Primer/Sealer or approved equal at 4.0—6.0 DFT. 4) Steel Seam FT910 Putty or approved equal shall be used to create a smooth radius between the floor and the wall on the interior of the pit. 5) GP 3555 Epoxy Elastomer or approved equal shall be applied at 20.0 - 30.0 DFT to all surfaces primed with.Corobond 100 Epoxy Primer/Sealer or approved equal. 6) Cor-Cote HCR Epoxy Clear or approved equal, with chopped strand mat reinforcement and saturant shall be applied at 20.0—30.0 DFT (Note: The floor and the bottom 2 blocks up the wall shall have the chopped mat reinforcement.). 7) First finish coat: Cor-Cote HCR FF glass flake filled epoxy, or approved equal shall be applied at 15.0—20.0 DFT. 8) Second finish coat: Cor-Cote HCRFF glass flake filled epoxy, or approved equal at 15.0—20.0 DFT. b. Minimum coating system thickness shall be: 74 mils for the floor and 50 mils for walls. 2. Acrylic Block Filler and Acrylic Finish System: Existing concrete masonry units (exterior side of secondary containment area walls), from bottom block up to the Novolac Epoxy Flexible Laminate System described above, scheduled for painting: a. High Performance Acrylic Block Filler and Acrylic Finish Coat System , 1) Fill CMU block with 1 to 2 coats of Loxon Block Surfacer applied at 10— 20 DFT per coat. 2) First finish coat: Duration Exterior Acrylic Satin or approved equal at 2.8 —3.4 DFT. 3) Second finish coat: Duration Exterior Acrylic Satin or approved equal at 2.8 —3.4 DFT. b. Minimum coating system thickness shall be: 15.6 mils. 3. Epoxy Fillers for above Systems a. Dura-Plate 2300 Waterbased Cementitious Epoxy Resurfacer b. Steel Seam FT910 (100% solids epoxy) c. General Polymers 3555 (100% solids epoxy elastomer) 4. Corrosion & Chemical Resistant Joint Sealants for above Systems a. Existing expansion joints and isolation joints shall be saw cut and filled after the pit is lined. b. Base System: Thiokol 2235M HP High Performance Joint Sealant System 1) Prime bare concrete with Thiokol 5050 Primer. See data sheet for application details. 2) Install a backer rod into the joint;the backer rod should be compressed 25%. When a backer rod is not feasible, bond breaker tape is acceptable. NOTE: Ideally, the joint depth should be one half the joint width. 3) Add Component B to Component A and mix at slow speed (250-300 7.\ RPM)with a 1/2" drill 2-part sealant mixing paddle until material is 09902-9 2/10/17 City of Pearland WRF Chemical Containment Area Coating PAINTING completely blended. Scrape down sides of container and mixing paddle periodically during mixing;thorough blending of the components is essential for maximum performance of the sealant.NOTE: Typical mixing time is 3-5 minutes. 4) Thiokol 2235M is supplied in a non-sag consistency that will gun easily with conventional caulking equipment. Fill joint completely. The best installation is done with a bulk caulk gun such as an Albion model #DL- 45-T13 or suitable equal.NOTE: Proper width to depth ratios must be maintained. 5) Immediately after application, dry tool the sealant using a spatula. Use light pressure to ensure positive and complete contact of the sealant to the joint surfaces. Non-sag sealants should be tooled with a suitable sealant spatula with a rounded tip similar to the 258 series by Albion to provide a concave finish thereby creating the desired hour-glass configuration. Spatulas should be slightly wider than the width of the expansion joint. NOTE: Care must be taken to avoid contamination of open joints. Blocking may be required. c. Chemical Resistant Finish for Joints: 1) Apply PolySpec 196BA Bonding Agent. Must be left open for chemical reaction for 16 hours. See data sheet for application details. 2) Using masking or duct tape, mask off edges of the expansion joint, leaving 1/4" to 1/2" of the concrete exposed. 3) Apply two coats of PolySpec 196SL. See data sheet for application details. NOTE: The second coat can be applied 20 to 30 minutes after the first coat. 4) Pull masking tape 10-15 minutes after the second coat is applied END OF SECTION 09902-10 2/10/17 City of Pearland CROSSLINKED WRF Chemical Containment Area Coating POLYETHYLENE TANKS SECTION 13218 CROSSLINKED POLYETHYLENE TANKS PART 1 GENERAL 1.01 SCOPE OF WORK A. Furnish all labor,materials, equipment and incidentals required to install, field test, complete and make ready for service five vertical crosslinked polyethylene bulk storage tanks for the chemical systems as specified herein. 1.02 MEASUREMENT AND PAYMENT A. No separate payment will be made for this Work. Include payment in the lump sum portion of the base bid. 1.03 SUBMITTALS A. Submit, in accordance with Section 01350, shop drawings showing details of construction and erection for each tank as follows: 1. Dimensions of tank, fittings and attachments. 2. Wall thicknesses calculations per ASTM D1998. 3. Locations of fittings and attachments. 4. Resin used and certification of chemical resistance for all materials that will come e in contact with materials stored. 5. Weight of tanks. 6. Statement that fabrication is in accordance with these Specifications. 7. Installation list of tanks with similar applications and manufacturer's experience. 8. Shop Test Reports, if requested. 9. Samples. 10. Instructions for handling, storage and installation of tanks. 11. Statement that required dome fittings are vapor/fume tight and the storage tanks have a working pressure of at least 10 inches of water column above the top of the tank as per the most current ASTM D 1998 standard. 12. Anchorage and/or hold down device calculations shall be furnished demonstrating that each tank will adequately transfer seismic and wind forces from the main vessels to the anchor bolts at the foundation. The calculations shall be verified and 13218-1 2/10/17 City of Pearland CROSSLINKED WRF Chemical Containment Area Coating POLYETHYLENE TANKS stamped by a professional civil or structural engineer registered in the State of ^� Texas. The Contractor shall coordinate and install the hold down system in accordance with the manufacturer design. 1.04 REFERENCE STANDARDS A. American National Standards Institute (ANSI) 1. ANSI B 16.5 -Pipe Flanges and Flanged Fittings. B. ASTM International 1. ASTM D638 - Standard Test Method for Tensile Properties of Plastics. 2. ASTM D746 - Standard Test Method for Brittleness Temperature of Plastics and Elastomers by Impact. 3. ASTM D790 - Standard Test Methods for Flexural Properties of Un-reinforced and Reinforced Plastics and Electrical Insulating Materials. 4. ASTM D883 - Standard Terminology Relating to Plastics. 5. ASTM D1505 - Standard Test Method for Density of Plastics by the Density- Gradient Technique. 6. ASTM D 1525 - Standard Test Method for Vicat Softening Temperature of Plastics. 7. ASTM D1593 - Standard Specification for Nonrigid Vinyl Chloride Plastic Sheeting. 8. ASTM D1693 -ESCR Specification Thickness 0.125-in F50— 10% Igepal. 9. ASTM D 1998 - Standard Specification for Polyethylene Upright Storage Tanks. 10. ASTM D2765 - Standard Test Method for Determination of Gel Content and Swell Ratio of Crosslinked Ethylene Plastic. C. Association of Rotational Molders (ARM) 1. ARM Standards -Low Temperature Impact Resist (falling part test). D. Where reference is made to one of the above standards,the revisions in effect at the time of bid opening shall apply. 1.05 QUALITY ASSURANCE A. Tanks shall be constructed by a firm that has at least 10 years prior experience in construction of crosslinked polyethylene tanks of similar applications. 13218-2 2/10/17 City of Pearland CROSSLINKED WRF Chemical Containment Area Coating POLYETHYLENE TANKS B. Sodium hypochlorite tanks shall be High Density Cross Linked Polyethylene (HDXLPE) and have an anti-oxidant resistant linear low density polyethylene liner with four times the anti-oxidant resistant properties of standard polyethylene. C. Tanks shall be manufactured by a company with stringent quality control standards such- as ISO 9001. 1.06 SYSTEM DESCRIPTION A. Sodium hypochlorite and sodium bisulfite tanks will be stored in an exterior containment area with temperatures ranging from 40 to 100 degrees F. B. Three bulk storage tanks (one each at the Barry Rose, Longwood and Southdown WRFs) shall be provided for the Sodium Hypochlorite system. Two bulk storage tanks (one each at the Barry Rose and Longwood WRFs) shall be provide for the sodium bisulfite system. - C. The cross-linked polyethylene tanks shall be suitable for use with the following chemical: 1. Sodium Hypochlorite: a. Alternate Name: Hypo or Liquid Chlorine b. Concentration: 9 to 15 percent c. Specific Gravity: 1.22 at 20 degrees C d. pH: 12.5 to 13.0 e. NFPA Rating: 3 (health) 0 (flammability) 1 (reactivity) 2. Sodium Bisulfite a. Alternate Name: Bisulfite, Sodium Acid Sulfite b. Concentration: 25 to 44 percent c. Specific Gravity: 1.20 to 1.37 at 15.6 degrees C d. pH: 3.5 to 5.5 e. NFPA Rating: 2 (health) 0 (flammability) 0 (reactivity) 1.07 DELIVERY, STORAGE AND HANDLING A. The Contractor shall require the manufacturer to assume responsibility for packaging to prevent damage to the tanks during normal transit and handling. B. Flange faces shall be protected from damage. All openings are to be securely covered to prevent the entrance of dirt, water and debris. C. Nozzles or other fittings shall not be used for lifting. Tanks with 3000-gallon capacity or larger shall have at least 3 lifting lugs. Lugs shall be designed for lifting the tank when empty. D. Instructions shall be provided with delivery for unloading and installation of tanks. 13218-3 2/10/17 City of Pearland CROSSLINKED WRF Chemical Containment Area Coating POLYETHYLENE TANKS 1.08 WARRANTY A. Tanks shall be warranted for 3 years against any defects. PART 2 PRODUCTS • 2.01 GENERAL A. The use of a manufacturer's name and model or catalog number is for the purpose of establishing the standard of quality and general configuration desired. B. Like items of materials, equipment shall be the end products of one manufacturer in order to provide standardization for appearance, operation, maintenance, spare parts and manufacturer's service. C. Anchor bolts and hold-down devices shall be provided by the tank manufacturer. D. Tanks shall be manufactured by Poly Processing Co. Monroe, LA, or equal. 2.02 MATERIALS A. Plastic 1. The tanks shall be molded from high density crosslinked polyethylene. The resin used shall be Poly CLTM, or equal. The sodium hypochlorite tanks shall have a 'Th) medium density polyethylene anti-oxidant resistant liner with four times the anti- oxidant properties of standard polyethylene, bonded to the interior tank wall during the manufacturing process. Shop drawings shall include the materials of construction, properties and chemical compatibility information. B. Fillers and Pigments 1. The plastic shall be opaque and shall not contain any fillers. All plastic shall contain a minimum of 0.25 percent U.V. stabilizer and maximum of 0.60 percent. Pigments may be added as desired by the Owner, not to exceed 0.5 percent of dry blended or 2 percent if melt compounded of the total weight of the tanks. 2.03 CROSSLINKED POLYETHYLENE TANKS A. The crosslinked polyethylene tanks shall be designed for the following: 1. Sodium Hypochlorite bulk storage tanks (at Barry Rose and Longwood WRFs) a. Dimensions: 1) Diameter: 8-ft-6-in 2) Sidewall Height: 14-ft-10-in 3) Top of Tank Height: 16-ft-1-in b. Minimum Tank Wall Thickness: 0.19-in c. Minimum Top of Sidewall Volume: 6,115 gallons 13218-4 2/10/17 City of Pearland CROSSLINKED WRF Chemical Containment Area Coating POLYETHYLENE TANKS d. Tank Color: Natural e. Number of Tanks: 2 f. Mixer: No g. Nozzle Materials: 1) Bolts, nuts and washers: encapsulated Titanium 2) Gaskets: Viton h. Dome Fittings: Bulkhead 1) Bolts: encapsulated Titanium 2) Fume Gasket: Viton 3) Body Gasket: Viton 2. Sodium Hypochlorite bulk storage tank (at Southdown WRF) a. Dimensions: 1) Diameter: 7-ft-1-in 2) Sidewall Height: 7-ft-0-in 3) Top of Tank Height: 8-ft-1 '/2-in b. Minimum Tank Wall Thickness: 0.19-in c. Minimum Top of Sidewall Volume: 2,035 gallons d. Tank Color: Natural e. Number of Tanks: 1 f. Mixer: No g. Nozzle Materials: 1) Bolts, nuts and washers: encapsulated Titanium 2) Gaskets: Viton h. Dome Fittings: Bulkhead 1) Bolts: encapsulated Titanium 2) Fume Gasket: Viton 3) Body Gasket: Viton 3. Sodium Bisulfite bulk storage tanks (at Barry Rose and Longwood WRFs) a. Dimensions: 1) Diameter: 8-ft-6-in 2) Sidewall Height: 14-ft-10-in 3) Top of Tank Height: 16-ft-1-in b. Minimum Tank Wall Thickness: 0.19-in c. Minimum Top of Sidewall Volume: 6,115 gallons • d. Tank Color:Natural e. Number of Tanks: 2 f. Mixer: No g. Nozzle Materials: 1) Bolts, nuts and washers: encapsulated Type 316 stainless steel 2) Gaskets: Viton h. Dome Fittings: Bulkhead 1) Bolts: encapsulated Type 316 stainless steel 2) Fume Gasket: Viton 3) Body Gasket: Viton 13218-5 2/10/17 City of Pearland CROSSL1NKED WRF Chemical Containment Area Coating POLYETHYLENE TANKS B. The crosslinked polyethylene tanks shall be constructed by the rotational molding - �y process. C. The sodium hypochlorite tanks shall be capable of storing sodium hypochlorite at 100 degrees F. D. The nominal properties of the material are as follows based on molded parts: Test Procedure Units Value Density/ASTM D1505 g/cc .943 to .946 ESCR Cond. A, F50/ASTM D1693 Hrs. >2000 10% Igepal Tensile Strength/ASTM D638 Psi. 3,290 Elongation at Break 2-in/min. /ASTM Percent 640 D638 Brittleness Temperature/ASTM D746 Degrees F. -130 Flexural Modulus /ASTM D790 Psi. 88,700 Heat Distortion Temp. /ASTM D648 Degrees C. 70° At 66 psi Low Temperature Impact Ft. lbs. 71 ARM-Low Impact for 1/8-in specimen E. Storage tanks shall be cylindrical, flat-bottomed and vertical with dimensions, details and accessories as specified herein. The finished surface shall be smooth and as free as commercially practicable from visual defects, such as foreign inclusions, air bubbles, pin holes and craters. F. The tank diameter shall be measured externally. Tolerance on the outside diameter including out of roundness shall be plus/minus 3 percent. Measurement shall be taken in a vertical position. The knuckle radius at bottom to wall shall be a minimum of 1-in. G. The tanks (wall thickness at tank bottom) shall be designed with a hoop stress value of no greater than 600 psi at 100 degrees F, with a safety factor of no less than 2, using the Barlow formula for calculating wall thickness. A minimum liquid specific gravity of 1.9 shall be used for wall thickness calculations for the sodium hypochlorite tanks. A minimum liquid specific gravity of 1.65 shall be used for wall thickness calculations for the sodium bisulfite tanks. H. All edges cut out, such as manway shall be trimmed to have smooth edges. I. Type 316 stainless steel clips (with a chemically compatible coating for the sodium hypochlorite system), blocks and accessories shall be provided to securely anchor the tanks to the concrete tank pad. 13218-6 2/10/17 City of Pearland CROSSLINKED WRF Chemical Containment Area Coating POLYETHYLENE TANKS 2.04 ACCESSORIES A. The bulk storage tanks shall be equipped with the following nozzles: 1. Nozzles sized as follows: a. One 3-in fill (top) b. One 3-in overflow(bulkhead fitting type). c. One 1-in discharge to metering pumps (bulkhead fitting type) d. One 4-in level sensor(top) e. One 1-in drain (bulkhead fitting type) f. One 4-in vapor vent on tanks (top) g. One 24-in threaded manway (top) h. One 2-in spare on tank top 2. Identification labels (6-in high lettering) with tank designation,NFPA placard and tank number. B. Nozzles 1. All tank nozzles attached to the chemical storage tanks below the full level of the tanks shall be double flange fittings constructed of virgin polyethylene. The bolts • will be welded to a common backing ring and encapsulated with polyethylene preventing fluid contact with,the metal material. The interior flange will have one full face gasket to provide a sealing surface against inside tank wall, and the nozzle shall pass through the sidewall protecting the tank wall cross-section. All materials shall be compatible with chemical service and as indicated in the fitting schedule. C. Dome Fittings 1. Fume-tight Dome Fittings a. Bulkhead fittings shall be PVC Schedule 80 with Viton gaskets. Use only at top of dome, where dome is flat. D. Manway 1. Manways shall be 24-in diameter or greater and equipped with an emergency pressure relief device or SAFE-SurgeTM Manway. The Safe SurgeTM Manway shall provide pressure relief at 6"water column to prevent over-pressurization, and shall be chemically compatible with the chemical being stored. Gaskets shall be closed cell cross-linked polyethylene foam, Viton, or EPDM materials. E. Sight Tube 1. The level indicator shall be assembled to the tank and shall consist of an orange polyethylene float indicator,polypropylene rope,perforated interior pipe, PVC roller guides, clear UV resistant PVC sight tube, and necessary pipe supports. The level indicator shall act inversely to the tank contents and shall not allow entrance 13218-7 2/10/17 City of Pearland CROSSL1NKED WRF Chemical Containment Area Coating POLYETHYLENE TANKS of tank contents into the sight tube at any time. The tank level sight tube shall be supported off of the side of the storage tanks. F. Flexible Connections 1. All fittings located on the lower third tank sidewall shall have 100%virgin PTFE Flexi-Joint expansion joints. The Flexi-Joint expansion joints shall have a minimum of three convolutions, stainless steel limit cables,FRP composite flanges and meet the following minimum performance specifications. Galvanized parts will not be accepted. a. Axial Compression> 0.67" b. Axial Extension> 0.67" c. Lateral Deflection> 0.51" d. Angular Deflection> 14° e. Torsional Rotation>4° 2.05 SHOP TESTING A. The tank manufacturer shall have quality control procedures adequate to insure that all fabrications comply with these Specifications. Quality control shall include a final inspection the manufacturer and written record of this final inspection. The objective of manufacturer's quality control and inspection procedure shall be to have the tank comply with the Specifications at the time of first inspection,thus eliminating any need for rework by the manufacturer or a second inspection by the Engineer. B. Inspection records shall be made for each tank. Inspection records shall be available to the Engineer. Upon request, manufacturer shall send a copy of his inspection records to the Engineer for review prior to inspection by the Engineer. C. Final acceptance by the Engineer may be contingent upon satisfactory inspection upon arrival, delivery, installation and testing at the job site. D. The tank manufacturer shall perform the tests described below prior to shipping. Test samples shall be taken from the manway cut out areas or where fittings are inserted in each tank. The Engineer or Engineering representative shall have the option of witnessing these factory tests.Notification of these tests shall be forwarded to the Engineer at least 10 working days before the scheduled testing date. 1. Impact Test: ASTM D746 Standard method shall be used in this test. Sample shall not shatter at 120 ft/lbs with sample at minus 20 degrees F for a 2-in wall thickness. For a wall thickness less than 2-in,the sample shall not shatter at 100 ft/lbs and minus 20 degrees F. 2. Degree of Crosslinking Test: Use Method C of ASTM D 1998—Section 11.4 to determine the ortho-xylene insoluble fraction of cross-linked polyethylene gel test. Samples shall test at no less than 60 percent. 13218-8 2/10/17 City of Pearland CROSSLINKED WRF Chemical Containment Area Coating POLYETHYLENE TANKS 3. Hydrostatic Test: Each tank shall be filled with water and checked for leaks no less than one hour after filling. PART 3 EXECUTION 3.01 INSTALLATION A. Install the cross-linked polyethylene tanks in accordance with the manufacturer's instructions. B. Tanks shall be installed on crosslinked polyethylene pads, or other resilient support as recommended by the manufacturer to provide for an even bearing on the concrete pad. C. Connection fittings shall be bulkhead and constructed of PVC. Reducers and flexible connectors shall be used as necessary to adapt to tank connection. D. Following the field test and repair of leaks, tanks and support members shall be anchored in their final position according to the manufacturer's recommendations. 3.02 FIELD TESTING A. After installation, each tank shall be field tested by filling with water. The tank and fittings shall hold water without loss, evidence of weeping or capillary action for a period of 24 hours prior to acceptance. The Engineer may also inspect each tank for (.1111 l�'1 defects, damage and conformance with these Specifications. \\ B. After testing, the tanks shall be thoroughly cleaned and dried. C. Should any defects become evident during inspection,testing, or within the guarantee period, the Contractor shall repair or replace the defective tank or fitting as approved by the Engineer. END OF SECTION 13218-9 2/10/17 THIS PAGE INTENTIONALLY LEFT BLANK / 7 City of Pearland WRF Chemical Containment Area Coating PLASTIC PIPE AND FITTINGS SECTION 15064 PLASTIC PIPE AND FITTINGS 1.01 SCOPE OF WORK A. Furnish all labor,materials, equipment and incidentals required and install 1/8-in to 6-in non-buried plastic piping and appurtenances at new chemical storage tanks to replace existing plastic pipe and fittings removed with the demolished chemical storage tanks as specified herein. 1.02 MEASUREMENT AND PAYMENT A. No separate payment will be made for this Work. Include payment in the lump sum portion of the base bid. 1.03 SUBMITTALS A. Submit, in accordance with Section 01350, shop drawings and product data required to establish compliance with this Section. Submittals shall include the following: 1. Shop drawings including piping layouts and schedules shall be submitted to the Engineer and shall include dimensioning, fittings, locations of valves and appurtenances,joint details, methods and locations of supports and all other pertinent technical specifications for all piping to be furnished. 2. Shop drawing submittals for piping under this Section shall include all data and information required for the complete piping systems. All dimensions shall be based on the actual equipment to be furnished. Types and locations of pipe hangers and/or supports shall be shown on the piping layout for each piping submittal. 1.04 REFERENCE STANDARDS A. ASTM International. 1. ASTM D1784 - Standard Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly (Vinyl Chloride) (CPVC)Compounds. 2. ASTM D 1785 - Standard Specification for Poly (Vinyl Chloride) (PVC)Plastic Pipe, Schedules 40, 80 and 120. 3. ASTM D2447 - Standard Specification for Polyethylene (PE)Plastic Pipe, Schedules 40 and 80, Based on Outside Diameter. 4. ASTM D2464 - Standard Specification for Threaded Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 80. 5. ASTM D2466 - Standard Specification for Poly (Vinyl Chloride) (PVC) Plastic CI.6\ Pipe Fittings, Schedule 40. 15064-1 2/10/17 City of Pearland WRF Chemical Containment Area Coating PLASTIC PIPE AND FITTINGS 6. ASTM D2467 - Standard Specification for Poly(Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 80. 7. ASTM D2564 - Standard Specification for Solvent Cements for Poly (Vinyl Chloride) (PVC) Plastic Piping Systems. 8. ASTM D2657 - Standard Practice for Heat Fusion Joining of Polyolefin Pipe and Fittings. 9. ASTM D2665 - Standard Specification for Poly (Vinyl Chloride) (PVC) Plastic Drain, Waste and Vent Pipe and Fittings. 10. ASTM D2855 - Standard Practice for Making Solvent-Cemented Joints with Poly (Vinyl Chloride) (PVC) Pipe and Fittings. 11. ASTM D3261 - Standard Specification for Butt Heat Fusion Polyethylene (PE) Plastic Fittings for Polyethylene (PE)Plastic Pipe and Tubing. 12. ASTM D3311 - Standard Specification for Drain, Waste and Vent (DWV) Plastic Fittings Patterns. 13. ASTM D3350—Standard Specification for Polyethylene Plastic Pipe and Fittings Materials. 14. ASTM D5260—Standard Classification for Chemical Resistance of Poly(Vinyl Chloride) (PVC) Homopolymer and Copolymer Compounds and Chlorinated Poly(Vinyl Chloride) (CPVC) Compounds 15. ASTM F437 - Standard Specification for Threaded Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Pipe Fittings, Schedule 80. 16. ASTM F438 - Standard Specification for Socket- Type Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Pipe Fittings, Schedule 40. 17. ASTM F439 - Standard Specification for Chlorinated Poly (Vinyl Chloride) (CPVC)Plastic Pipe Fittings, Schedule 80. 18. ASTM F441 - Standard Specification for Chlorinated Poly (Vinyl Chloride) (CPVC)Plastic Pipe, Schedules 40 and 80. 19. ASTM F493 - Standard Specification for Solvent Cements for Chlorinated Poly (Vinyl Chloride) (CPVC)Plastic Pipe and Fittings. 20. ASTM F593 - Standard Specification for Stainless Steel Bolts,Hex Cap Screws and Studs. 21. ASTM F594 - Standard Specification for Stainless Steel Nuts. 15064-2 2/10/17 City of Pearland WRF Chemical Containment Area Coating PLASTIC PIPE AND FITTINGS rh\ B. Plastic Pipe Institute (PPI) 1. PPI Handbook of Polyethylene Pipe C. Handbook of PVC Pipe Design and Construction, Uni-Bell PVC Pipe Association D. American National Standard Institute (ANSI) 1. ANSI B 16.5 Pipe Flanges and Flanged Fittings. E. National Sanitation Foundation(NSF) F. Where reference is made to one of the above standards, the revision in effect at the time of bid opening shall apply. 1.05 QUALITY ASSURANCE A. All plastic pipe and fittings of each type shall be furnished by a single manufacturer who is experienced in the manufacture of the items to be furnished; however, it shall not be a requirement that the pipe and fittings be manufactured by the same manufacturer, provided that the pipe and fittings are compatible in both compounding and size. The pipe and fittings shall be designed, constructed and installed in accordance with the best practices and methods and shall be suitable for the intended service. 1.06 SYSTEM DESCRIPTION A. Piping shall be installed in same locations as the existing piping and shall be similar size and routing as the existing piping. B. The equipment and materials specified herein are intended to be standard types of plastic pipe and fittings for use in transporting wastewater, water, air and chemicals. C. Plastic piping systems shall be designed for the following conditions: 1. System: Chemicals 2. Material: Schedule 80 CPVC 3. Fluid: Sodium hypochlorite and sodium bisulfite 4. Pressure: Atmosphere to 15 psig 5. Temperature: Ambient 15064-3 2/10/17 City of Pearland WRF Chemical Containment Area Coating PLASTIC PIPE AND FITTINGS PART 2 PRODUCTS 2.01 MATERIALS A. Chlorinated Poly (Vinyl Chloride) Pipe and fittings - CPVC 1. Pipe shall be manufactured from CPVC compounds meeting ASTM D1784, Class 23447 in accordance with ASTM F441, CPVC 4120. The pipe shall have a minimum hydrostatic design stress of 2000 psi at 73 degrees F and 500 psi at 180 degrees F and shall be suitable for field cutting and solvent welding. Pipe shall be of the sizes as shown on the Drawings and shall be Schedule 80 unless otherwise shown. 2. Fittings shall be socket type for solvent weld joints conforming to ASTM F439. Fittings shall be manufactured from CPVC compound meeting ASTM D1784 and any additional compound classification requirements for specific chemical resistance for the applications specified in Paragraph 1.06 in accordance with ASTM D5260. Solvent cement shall be Weld-on 724 by IPS Corp., Compton CA. 3. Where flanged joints are to be used to replace existing piping, they shall be supplied with 1/8-in thick full-faced Viton-N gaskets or equal. 4. Flange bolt spacing, number and dimensions shall conform to the requirements of ANSI B 16.5. PVC flanges shall be suitable for solvent cementing to the pipe and shall be suitable for a minimum pressure of 150 psi. 5. Bolts, nuts and washers for flanged joints shall be for corrosive service conditions and shall be ASTM F593 and F594, Type 316 stainless steel for sodium bisulfite and encapsulated titanium for sodium hypochlorite. Anti-seize compound for stainless steel bolts and nuts shall be of a molybdenum disulfide base such as Molycoat-G or equal. B. Fittings, specials, unions and flanges shall be of the same schedule number and manufactured of the same materials as the pipe. C. Expansion joints for PVC sizes 1/2-in to 6-in shall be telescoping type as manufactured by Plastinetics, Inc.; ASAHI/America or equal. Expansion in pipes smaller than 1/2-in shall be accommodated with expansion loops. PART 3 EXECUTION 3.01 INSTALLATION A. The installation of plastic pipe shall be strictly in accordance with the manufacturer's technical data and printed instructions. B. Joints for PVC and CPVC pipe shall be solvent cemented unless flanged or threaded are to be used to match existing piping. In making solvent cemented connections, clean dirt 15064-4 2/10/17 City of Pearland WRF Chemical Containment Area Coating PLASTIC PIPE AND FITTINGS and moisture from pipe and fittings, bevel pipe ends slightly with emery cloth to remove any shoulder or burrs created by cutting of the pipe. Solvent cement joints shall be made in accordance with ASTM D2855 except that solvent cement formulated especially for and as specified above shall be used for joining CPVC pipe and fittings. Primer shall be used whenever recommended by the pipe, fitting, or cement manufacturer and in all cases for joints on pipe systems 4-in in diameter or larger. Making solvent cement joints shall not be performed and the work shall stop when the temperature, measured in the shade, is 40 degrees F and falling. C. Installation of valves and fittings shall be in accordance with manufacturer's instructions. Particular care shall be taken not to overstress threaded connections. In making solvent cement connections,the solvent cement or primer shall not be spilled on valves. Any cement allowed to run from joints shall be cleaned from the pipe and fittings immediately. D. All piping shall have a sufficient number of unions to allow convenient removal of piping and shall be as approved by the Engineer. E. Where plastic pipe passes through wall sleeves,the space between the pipe and sleeve shall be sealed with a mechanical sealing element. F. All plastic pipe to metal pipe connections shall be made using flanged connections. Metal piping shall not be threaded into plastic fittings,valves, or couplings nor shall (.16\ plastic piping be threaded into metal valves, fittings or couplings. Only socket to thread adaptors shall be used for threaded plastic pipe connections to other threaded devices. 3.02 FIELD TESTING A. All pipelines shall remain undisturbed for the minimum curing or cooling time specified for each type of pipe material but no less than 8 hours to develop full curing and complete strength at all joints. All pipe systems shall be flushed clean and then subjected to a hydrostatic pressure test for 12 hours at a test pressure and temperature specified below. Testing procedures shall be as specified below. Should the temperature not be attainable under hydrostatic conditions, then the test may be performed under hydro-dynamic conditions, provided that accurate measurements for loss of the test fluid can be made, or the pressure shall be proportionally increased to simulate the stresses of the higher temperature in relation to the lowest system temperature that is expected during the duration of the test. The proportionally higher test pressures shall be determined in accordance with the accepted temperature versus strength properties as published by the pipe manufacturer, PPI or other pipe material standards organization. Allowance for expansion of polyethylene pipe during the test shall be made in accordance with design and installation guidelines in PPI Handbook of Polyethylene Pipe. B. The test pressures and temperatures for the various pipe lines shall be as follows: (111. 1. Chemical feed piping: 150 psi at 100 degrees F. 15064-5 2/10/17 City of Pearland WRF Chemical Containment Area Coating PLASTIC PIPE AND FITTINGS C. The test shall be performed by slowly filling the piping system, expelling entrapped air from all high points. The fill rate shall be controlled so that the fluid velocity within the pipe system is less than 2 fps. Upon completion of the filling process, the system shall be brought up to the specified test temperature as applicable, holding the system pressure to less than 10 percent of the test pressure. Once the system has been stabilized at the specified test temperature,the pipe should be slowly brought up to the test pressure in such a manner so as to not create shock, surge or water hammer in the pipe system. The test duration time limit shall not begin until the full pressure specified above has been reached and the system has been stabilized to within 5 percent of the test temperature. The system pressure and temperature shall be maintained to within 1/2 percent but no more than 5 percent of the specified value for the temperature and within 5 psi of the specified value for the pressure. These tolerances shall be held for the entire duration of the test. Upon completion of the test,the pressure shall be slowly removed by opening a valve or other pressure relieving device at a location remote to the location of the pressure/temperature monitoring equipment. D. The pressure test shall be monitored by a recording type pressure gauge for tests not requiring temperature control or a dual pen pressure/temperature recording gauge when temperature control is required. The entire test process shall be recorded, including the initial temperature stabilization and pressurization of the piping system. The record shall be continuous through the system test and shall show the final de-pressurization of the pipe system. E. All visible leaks detected during the pressure test shall be repaired and the pressure/ temperature test rerun. A successful test shall be a test in which no visible leaks are detected and the pipe system pressure can be maintained within 1/2 percent but no more than 5 psi of the specified value. F. Prior to testing,the pipelines shall be supported in an approved manner to prevent movement during the tests. 3.03 PAINTING A. All CPVC pipe and fittings exposed to the direct sunlight shall be field painted to provide additional UV protection. This painting shall be required whether or not marking is required. • END OF SECTION 15064-6 2/10/17 City of Pearland WRF Chemical Containment Area Coating VALVES SECTION 15100 VALVES PART 1 GENERAL 1.01 SCOPE OF WORK A. Furnish all labor, materials, equipment and incidentals required and install valves complete and ready for operation as documented in pre-construction photographs and as specified herein. 1.02 RELATED WORK A. Painting is included in Sections 09902. B. Piping is included in Section 15064. 1.03 SUBMITTALS A. Submit to Engineer,in accordance with Section 01350,materials required to establish compliance with this Section. 1. Manufacturer and supplier. _ 2. Drawings showing assembly details, materials of construction and dimensions. rib') 3. Descriptive literature, bulletins and/or catalogs of the equipment. 4. Total weight of each item. 5. A complete bill of materials. 6. Additional submittal data,where noted with individual pieces of equipment. B. Certificates: 1. For each valve specified to be manufactured,tested and/or installed in accordance with AWWA and other standards, submit an affidavit of compliance with appropriate standards, including certified results of required tests and certification of proper installation. C. Manufacturer's Installation and Application Data to confirm that valve materials (body seals, gaskets, 0-rings,washers, etc.)compatibility with Sodium Hypochlorite and/or Sodium Bisulfite. D. Operating and Maintenance Data. 1. Operating and maintenance instructions shall be furnished to Engineer as provided in Section 01730. Instructions shall be prepared specifically for this installation and shall include required cuts, drawings, equipment lists, descriptions and other information required to instruct operating and maintenance personnel unfamiliar with such equipment. 15100-1 2/10/17 City of Pearland WRF Chemical Containment Area Coating VALVES 1.04 QUALITY ASSURANCE ^, A. Qualifications: 1. Valves and appurtenances shall be products of well-established firms who are fully experienced, minimum ten years, reputable and qualified in manufacture of particular equipment to be furnished. 2. Equipment shall be designed, constructed and installed in accordance with best practices and methods and shall comply with this Section as applicable. 3. Units of the same type shall be the product of one manufacturer. B. Inspection of units may also be made by Engineer or other representative of Owner after delivery. Equipment shall be subject to rejection at any time due to failure to meet any of specified requirements, even though submittal data may have been accepted previously. Equipment rejected after delivery shall be marked for identification and shall be removed from job site at once. 1.05 SYSTEM DESCRIPTION A. Equipment and materials specified herein are intended to be standard for use in controlling flow of sodium hypochlorite and/or sodium bisulfite. 1.06 DELIVERY, STORAGE AND HANDLING A. Reference is made to Section 01600 for additional information. B. Packing and Shipping: 1. Care shall be taken in loading,transporting and unloading to prevent injury to the valves, appurtenances, or coatings. Equipment shall not be dropped. Valves and appurtenances shall be examined before installation and no piece shall be installed which is found to be defective. Damage to the coatings shall be repaired as acceptable to Engineer. C. Storage and Protection: 1. Special care shall be taken to prevent plastic and similar brittle items from being directly exposed to the sun, or exposed to extremes in temperature,to prevent deformation. See the individual piping sections and manufacturer's information for further requirements. 1.07 MAINTENANCE A. Special tools and the manufacturer's standard spare parts, if required for normal operation and maintenance, shall be supplied with the equipment in accordance with Section 01730. B. Included within operations and maintenance manuals,provide a list of all spare and replacement parts with individual prices and location where they are available. fl 15100-2 2/10/17 City of Pearland ffhemical Containment Area Coating VALVES (011°N, PART 2- PRODUCTS 2.01 MATERIALS AND EQUIPMENT-GENERAL A. Use of a manufacturer's name and/or model or catalog number is for purpose of establishing standard of quality and general configuration desired. B. Valves and appurtenances shall be of the same size and type as those they will replace. As far as possible,valves of the same type shall be identical and from one manufacturer. C. Unless otherwise noted, items shall have a minimum working pressure of 150 psi or be of same working pressure as pipe they connect to, whichever is higher and suitable for pressures noted where they are installed. D. Joints,size and material(unless otherwise noted): 1. Except where noted,joints referred to herein shall be of same type,nominal diameter, material and with a minimum rating equal to pipe or fittings they are connected to. 2. Valves and appurtenances shall be of same nominal diameter as pipe or fittings they are connected to. 3. Plastic valves in chemical service-solvent cement, or flanged ends. E. Provide special adaptors as required to ensure compatibility between valves, appurtenances, and adjacent pipe. F. No alternative materials will be considered for approval unless complete documentation is provided regarding their satisfactory long-term use in similar conditions; in addition,the consideration of any substitution will be considered only if superiority of proposed materials is the intent of substitution, and only if sufficient evidence is provided to document that superiority. 2.02 THERMOPLASTIC VALVES A. General: 1. Valves shall be certified as completely compatible with intended and specified service; compatibility shall apply to material of valve and internal components, including seals, gaskets, 0-rings and washers; solvents and primers used in valve joint make-up shall be specifically in conformance with written instructions of valve supplier. Service chemicals are sodium hypochlorite and sodium bisulfite. 2. Except as otherwise specified,valve ends shall be socket-type designed for solvent welding. Solvent and primer shall be as specified in piping specifications, except that valves installed in systems carrying strong oxidizing, high alkalinity, and strong acid solutions shall contain NO fumed silica, and shall be Weld-On 724 for CPVC pipe as manufactured by IPS Corp., Compton, CA and Oatey Industrial Grade Low VOC Heavy Duty Gray for PVC pipe as manufactured by Oatey Corp., Cleveland OH. 3. Valve body material shall be same as piping system in which valve will be installed. 15100-3 2/10/17 • City of Pearland WRF Chemical Containment Area Coating VALVES a. PVC shall have a cell classification 12454 according to ASTM D 1784, made from unplasticized polymer, and generally suitable for service to 120 degrees F. b. CPVC shall have a cell classification 23447 according to ASTM D 1784, generally suitable for service to 180 degrees F. c. Manufacturer of valves shall retain material source quality documentation and shall furnish it to Engineer upon request. 4. Unless otherwise specified: a. Valve seats shall be Teflon, or Teflon encapsulated elastomer. Alternative materials shall not be substituted without complete documentation provided to Engineer of service suitability. b. Flange Gaskets shall be low torque, full face ANSI B 16.5 with two concentric convex rings between ID and bolt hole diameter, constructed of EPDM,PTFE-bonded EPDM or PVDF-bonded EPDM as manufactured by Asahi of America or equal. Documentation shall be provided to show compatibility of bonded surface material for fluid service intended. c. Valve external hardware shall be Type 316 stainless steel.No internal metallic components shall be exposed to service fluid. d. No factory or field coatings shall be applied to valves. 5. Valves, except butterfly valves, shall have a non-shock service pressure rating of not less than 120 psig at 70 degrees F. 6. Valves from 1/2-in to 2-in shall have a snap-on fit handle attaching to valve stem to prevent handle from falling off. Valves from 2-1/2-in to 6-in shall have a handle mechanically attached to valve stem to prevent handle from falling off. Valves shall have limit stops at full open and full close to limit handle rotation. 7. Valves shall be given hydrostatic and pressure and leakage tests at factory. Provide certified copy of test results. 8. Valves shall be the standard, catalogued products of the following manufacturers: a. Chemtrol. b. Asahi/America. c. Plast-O-Matic. d. George-Fischer. e. IPEX. B. Ball Valves 1. Ball valves shall be double-union type,unless otherwise specified, full-port, adjustable seats. 2. Provide quarter-turn manual valve operators. 3. General Service. Shall be PVC body, furnished with socket ends,EPDM 0-rings and stem seals, PTFE seats with EPDM 0-ring backup. 4. Sodium Hypochlorite Service. Shall be PVC body,furnished with socket ends, Viton B 0- rings and stem seals,PTFE seats with Viton B 0-ring backup. Sodium hypochlorite service ball valves shall have ball drilled to permit venting of pressure and gas from confined ball 15100-4 2/10/17 City of Pearland WRF Chemical Containment Area Coating VALVES cavity,when valve is closed. Drilling shall vent to vented portion of piping in which valve is installed. Drilling shall be 1/8-in opening, de-burred and drilled by factory only. Directional indicator arrow labels shall be provided on valve body to indicate flow/vent. C. Pressure Relief Valves 1. Relief valves shall be spring opposed, angle-pattern design,with adjustable relief pressure and locking nut. Pressure shall be adjustable over range up to 100 psig. 2. Valve spring shall be elastomer-coated and isolated from the process flow. Elastomer shall be compatible with fluid service.Diaphragm shall be reinforced Teflon. 3. Relief valves shall be piped as indicated,and if not indicated,relief piping shall be directed to floor or adjacent gutter or drain. 4. Pressure relief valve settings shall be set to a pressure as recommended by pump or equipment supplier and adjusted at time of equipment testing, inspection and start-up. 5. Body shall be of same material as pipeline in which it is installed or, CPVC if not otherwise specified. Valves shall be equal to Model RVD by Plast-O-Matic;Type A by Asahi-America or equal. 2.03 FACTORY INSPECTION AND TESTING A. Factory inspection,testing and correction of deficiencies shall be done in accordance with the referenced standards and as noted herein. PART 3 EXECUTION 3.01 INSTALLATION-GENERAL A. Valves and appurtenances shall be installed per manufacturer's instructions true to alignment and rigidly supported. Damage to above items shall be repaired to satisfaction of Engineer before they are installed. B. Install brackets, extension rods, guides,various types of operators and appurtenances as required. Contractor shall be responsible for proper location of valves and appurtenances during construction of the work. C. Materials shall be carefully inspected for defects in construction and materials.Debris and foreign material shall be cleaned out of openings, etc.Valve flange covers shall remain in place until connected piping is in place. Operating mechanisms shall be operated to check their proper functioning and nuts and bolts checked for tightness.Valves and other equipment which do not operate easily, or are otherwise defective, shall be repaired or replaced at no additional cost to Owner. D. Where installation is covered by a referenced standard, installation shall be in accordance with that standard, except as herein modified, and Contractor shall certify such.Also note additional requirements in other parts of this Section. 15100-5 2/10/17 City of Pearland WRF Chemical Containment Area Coating VALVES E. Unless otherwise noted,joints for valves and appurtenances shall be made up utilizing same procedures as specified under applicable type connecting pipe joint and valves and other items shall be installed in proper position as recommended by manufacturer. Contractor shall be responsible for verifying manufacturers'torqueing requirements for all valves. 3.02 INSTALLATION OF MANUAL OPERATIONAL DEVICES A. Unless otherwise noted, operational devices shall be installed to allow accessibility to operate and maintain item and to prevent interference with other piping, valves, and appurtenances. B. For manually operated valves 3-in in diameter and smaller, valve operators and indicators shall be rotated to display toward normal operation locations. 3.03 CLEANING A. Items including valve interiors shall be inspected before line closure, for presence of debris. At option of Engineer, internal inspection of valve and appurtenances may be required any time that likelihood of debris is a possibility. Pipes and valves shall be cleaned prior to installation, and final acceptance. END OF SECTION 15100-6 2/10/17 City of Pearland Al WRF Chemical Containment Area Coating DESCRIPTION OF WORK DESCRIPTION OF WORK SECTION 1: General Requirements 1. PURPOSE: The purpose of this project is to apply protective coating within the existing sodium hypochlorite and sodium bisulfite secondary containment areas and to replace the existing sodium hypochlorite and sodium bisulfite storage tanks at the Barry Rose, Longwood and Southdown Water Reclamation Facilities (WRFs). 2. DOCUMENTS: The following documents are provided to assist the Contractor in determining the work necessary to complete the containment area coating and storage tank replacement. A2—Containment Wall Painting Site Data Sheets A3 —Paint Quantity Worksheet 3. SCOPE OF WORK: a. Contractor shall set up temporary chemical bypass systems to maintain existing sodium hypochlorite and sodium bisulfite service to the water reclamation facilities while bulk storage tanks, appurtenances and containment areas are out of service for application of protective coatings. The Contractor shall utilize Napco Chemical (Steve Smith: steve(wnapcochemical.com or 281-705-4526) for temporary bypass services at all locations. b. Contractor shall be responsible for pre-construction photos to document the type, size, and location of all chemical piping, valves and supports that will be demolished at the existing storage tanks and must be replaced to restore complete and operable sodium hypochlorite and sodium bisulfite systems following the application of protective coatings and installation of new storage tanks within the containment areas. Pre-construction photos shall also document electrical and instrumentation equipment that will be removed,protected and reinstalled following the application of protective coatings and installation of new storage tanks within the containment areas. c. Contractor shall demolish existing storage tanks, piping and related appurtenances at the containment areas to an extent that will not impede painting of all interior and exterior surfaces. Contractor shall remove, protect as store for re-installation all electrical and instrumentation equipment and appurtenances that connect to the storage tanks and containment areas that would impede painting of all interior and exterior surfaces. Cast iron drain pipes shall be removed and replaced with PVC pipe and valves prior to painting. d. Contractor shall apply protective coating using specified products per the manufacturer's installation instructions (see Specification Section 09902). Any method that will void the 10-year warranty will not be accepted. 1) Paint interior of the containment structure (walls and floor)with corrosion resistant paint. rib\ Al-1 2/10/17 City of Pearland Al WRF Chemical Containment Area Coating DESCRIPTION OF WORK 2) Paint top of the containment structure walls with corrosion resistant paint. ^) 3) Paint top 8-inches of the exterior of the containment structure walls with corrosion resistant paint. 4) Paint exterior of the containment structure walls with exterior paint. 5) The paint outlined above shall be as specified in the Technical Specifications section of this Document. e. Contractor shall install new cross-linked polyethylene tanks (see Specification Section 13218) for chemical storage in the existing containment areas following application of protective coatings at the containment areas. PVC piping,valves and supports demolished to facilitate tank removal and application of protective coatings shall be replaced and tied into the existing system and all electrical and instrumentation equipment and appurtenance removed to facilitate tank removal and application of protective coatings shall be reinstalled to restore complete and operable sodium hypochlorite and sodium bisulfite chemical systems. 4. LOCATIONS: a. Barry Rose Reclamation Facility— 1902 V2 Barry Rose Road b. Longwood Reclamation Facility— 1001 Dixie Farm Road c. Southdown Reclamation Facility—3711 Soho Drive 5. PRODUCTS: a. Contractor shall utilize the coating systems specified in Section 09902. 1) Corrosion Resistant Paints a) Cor-Cote HCR Flexible Basecoat Laminate (100% solids epoxy) or equal. 2) Exterior Paint: a) High Performance Acrylic Block Filler and Acrylic Finish Coat System or equal. b. Contractor shall install the following crosslinked polyethylene vertical tanks by Poly Processing Co., or equal. Tanks are specified in Section 13218. 1) Barry Rose WRF: a) Sodium Hypochlorite tank volume: 6,000 gallons b) Sodium Bisulfite tank volume: 6,000 gallons 2) Longwood WRF: a) Sodium Hypochlorite tank volume: 6,000 gallons b) Sodium Bisulfite tank volume: 6,000 gallons 3) Southdown WRF: a) Sodium Hypochlorite tank volume: 2,000 gallons 6. WARRANTY: Neither the final payment nor certificate nor any provision in this Contract shall relieve the Contractor of responsibility for faulty materials or workmanship, and shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear a within period of ten (10)years from the date of final acceptance. The final acceptance is when the final walk through of the project has occurred and the punch list Al-2 2/10/17 City of Pearland Al WRF Chemical Containment Area Coating DESCRIPTION OF WORK (1/1".`, items identified from the final walk through have been completed by the Contractor. The Contractor shall notify the Owner in writing upon completion of the punch list items. Certificate of acceptance will be issued upon verification by the Engineer of the completion of the punch list items from "final walk through"and a submittal of the close- out documents by the Contractor. The Warranty period will commence from the date of final acceptance of the entire project regardless of completion of the individual areas. END OF SECTION (jak) Al-3 2/10/17 THIS PAGE INTENTIONALLY LEFT BLANK City of Pearland A2 CONTAINMENT WALL WRF Chemical Containment Area Coating SITE DATA SHEETS BARRY ROSE RECLAMATION FACILITY 1902 %BARRY ROSE ROAD SODIUM HYPOCHLORITE STORAGE TANK 11 aktiniltNi' yv Volume of Tank: 6,000 gallons � �' Containment Area Paint QTY: 79.22 SY 4 M 9 Exterior Paint QT_Y: 43.78 SY 's :a t , , N<� to g s ti a+V r. F. 5 , a�. g k `'� • , '` " w , to i. .c x f• • n : ..- . . Figure 1 —S'odium Htipochlorite Storage Tank - s .R-"'° .,, ; .,ti moo.' ,: : - ° Sy -,..Nsloorp, „ "4 t. ''.,.,:.',.1::::.:4;•••-:1..,..711.,").i.-:,M'.•11%,,,,:4100,1:,,,;.::,e1--w-t . ,......--- - Figure 2—Location :flap of Sodium Hy7)ochlorite Storage Tank A2-1 2/10/17 City of Pearland A2 CONTAINMENT WALL WRF Chemical Containment Area Coating SITE DATA SHEETS BARRY ROSE RECLAMATION FACILITY 1902 %BARRY ROSE ROAD SODIUM BISULFITE STORAGE TANK Volume of Tank: 6,000 gallons . � a4 � _' Containment Area Paint QTY: 79.22 SY ," Exterior Paint QTY. 43.78 SY �k Y � 8 4 4 y ti -R ,,kid+ ' �" - ^ , ' r-'�eT—t { . � 7!'t �• 4 .E yr S p.e''S K � i Figure 2—Sodium Biscrlfite Storage Tank ' gym{ ,-' w,-,-:,,",:7.,-7kl.','.'-'--',.,' '-\,• ‘:'-'',".t-,,::*'N:'i,,..7A' ..,;,•,'!.,,1.,'.e-,.-.,1.2..'•,.„:..,0.4..,."•A":..,.: .„'f,;''-1..;''7 1,`.;-f9.,.'i.r,:,.,,3.....-1..,,;,2'.,:4',7.4.,'.,,,.,:,.,.,'.?.„,,.,-:.-,.4.N_,',,...',.„.7..,.•.:.,‘.,.$1•1.',-...,'.',4-•,.,5 g 3k i fire, 'A-•'.,,...',,44 l.'..4,-1'.,:,.4.„ '.,.,,:,.:i„:,%t.ir.,:r.`e7'•A,.-':::"1,„.,ql'o!,_",d. -$`. 9r. +�,r f +,v yv' .'"",..-• u'. ..t+«• `,aD z °nary _Y _^,,. - ram' ., --" 'Y" 1 a ",�,g _ -,....•w•:.'-.-t;.‘'-i.:-f,0-'.E.-,°:;•, ..40-,,, •... a a.�,,. , , ,- .,c e.,,, 'fi t; r;',, I,,4 `..,4 - ram .e L'".-" 4 r ... ` �.*'l _C- "5° � x »„ f \ ':'' 'do- ! y E xF 'w q * » . gam. .,s ffi N41 ,. F ..zaav,....„.„L.. .... :.._;.A "° b: ,. „"xF ,Ak ., it ._,....a Figure 2—Location?I fcrp qf:Sodiu 71 BISLrl f 1te Storage Tank A2-2 2/10/17 City of Pearland A2 CONTAINMENT WALL WRF Chemical Containment Area Coating SITE DATA SHEETS LONGWOOD RECLAMATION FACILITY 1001 DIXIE FARM ROAD SODIUM HYPOCHLORITE STORAGE TANK nk: 6,000 gallons Volume of Ta '` Containment Area Paint QTY: 79.22 SY a ° Exterior Paint QTY: 43.78 SY ° �a"r IT (111111k\' '.-7 Figure 3—Sodium Hvpochiorile Storage Tank @" - \ ./.7 P,r +\min ° ' l �+. ""a.JY E4 > *.' i 4..".,-C.:),...,.. ..,, ..4 - °ter- ,., + - .. - -' i ig. !.. , : -, -'\'' -4,----7-• "7,--i--4„„.H.*41/4<----,-,,,,,%.. --- -c"'",.,-.4..., . .. -'14- Figure 2—Location Map of Sodium.Ilvpochlorite Storage Tank A2-3 2/10/17 City of Pearland A2 CONTAINMENT WALL WRF Chemical Containment Area Coating SITE DATA SHEETS LONGWOOD RECLAMATION FACILITY 1001 DIXIE FARM ROAD SODIUM BTSULFITE STORAGE TANK Volume of Tank: 6,000 gallons Containment Area Paint QTY: 79.22 SY Exterior Paint QTY: 43.78 SY Figure -Sodium Bisulfite Storage Tank °� #.�P yS: a ° ice b .^y .a.`.. a'.,,,,..'. '.a- x a m !r. P' �. "T: L 1.0 F '� o� a .�� . ys . �,� '�� sirs. ,�` ,•A�- r h ,� �� ° -�r. L. fi to ' � F "d .-- Y a t« :fi n.it `�; F a. sw..> �P# --i .F, 8 �+ .f, .w i 4s,•" '�• d ''w pR e - .. . .... „. ....,.. .. i%, `plyq�g»g y,-. y'r�"v �w , 4�x f ''. /.--) _„,,,,..„--, ,,,,..,,,. ,_,. %,„.....,,,....., . k,°„t4 Q,qg Ys 4d. «e ait . € +..„:„.,:.,. .„ , fin Y `...N,;_��/+ 1. Figu • re 2—Location!flap of Sodiur�� Bisulf to Storage Tank A2-4 2/10/17 City of Pearland A2 CONTAINMENT WALL WRF Chemical Containment Area Coating SITE DATA SHEETS SOUTHDOWN RECLAMATION FACILITY • 3711 SOHO DRIVE IIN SODIUM HYPOCHLORITE STORAGE TANK j Volume of Tank: 2 000 gallons 4-&-3 ' m s • Containment Area Paint QTY: 34.78 SY Exterior Paint QTY: 14.11 SY ° F(jP R€ Figure S—Sodium Hypochlorite Storage Tank ° CI.14'' -7-... . —;-,,,,.., -.A.-i',,,-,'.'''' ')=1.-',7-, ----,,:s.,:' -----.-.1`-;;;?-,P4,11'' '--... "--v'',"7-*.,'Z'''' „ r. ... a S- � •fi+ ' ,� 'te { ,y y �� t , A`b, �meY+", - : ti: � ',.'A '� '$4j� � ..'.: '; a .,' ',...'41.' ','‘-',4( / ,.:: 7 '''''-'' ,:44.°:‘:- Y yc� 7 y' ,,,,,,, *c a �s,ffk tii rhl � , Figure 2—Location Map of Sodium Hypochlorite Storage Tank Cilb\ A2-5 2/10/17 City of Pearland A3 PAINT QUANTITY WRF Chemical Containment Area Coating WORKSHEET (.11bk'l PAINT QUANTITY WORKSHEET Total Interior Exterior top E Corroson walls and `F Top of,EE h `8-inches of„E Resistant Exterior a floor walls' wails Paint E. Paint_; iiiiitilliiiiiIII BARRY ROSE : EE itillgiliti Sodium 488 28 27 S43 SF 274 ' SF Hypochlorite 54.23 3.11 3.00 E 60 34 SY 3044 ' SY _E E Sodium 488 28 27 S43 SF � 274 SF Bisulfite 54.23 3.11 3.00 60.34 SY 30.44 ` SY EN - ifiiiiL E a LONGWOOD Sodium 488 28 27 543 3 SF 274 SF Hypochlorite 54.23 3.11 3.00 6034 SY 30°44 a SY Sodium 488 28 27 .411: 543 SF 274 SF Bisulfite 54.23 3.11 3.00 60:34 ; SY 30 44 SY SOUTHDOWN fillih\' I Ua Sodium 253 29 32E 313 SF 127 SF Hypochlorite 28.11 3.22 3.56 34 78 ` SY 1411 ' SY A3-1 2/14/17 THIS PAGE INTENTIONALLY LEFT BLANK _ _ - C3CONSTR DATE(MMIDDIVYY) CC 5105120'17 RANcG 64754 IAyILITY INSV OLDER.THIS Client#: ATC of 1' P I'+ G CERTIFICATE CERTIFICATE LY AND CONFERS eR THE COVERAG NG AFFORDED AUTHORZIED D.M CER OF INFORMATION ON EXTEND OR ALT EEN THE ISSU pCOR MATTER END, CT BETWEEN IS WAIVED,subject to AS A EGpTIVE oNS ITUTE A CONT�` SUBROGATION rights to the CERTIFICATE IS ISSUED AFFIRMATIVELY O DOES NOT.C If SUER of confer THIS CER DOES N HOLDER. les)must be endorsed. CERTIFICATE TIFICATE OF INSURANCE CERTIFICATE olicy( statement on this certificate does THIS CER ED,the p ent•A BELOW REPRESENTATIVE OR PRODUCER,AND wire an endorsem REPRESEN policies maY require ANT;If the certificatthe p 1'cY,certain p IONAL INSURED., AC - the ter conditions of ent(s). pCjpME: 756 0671 ''` 1 the terms and of such endorsem PHONE 936 NC No Ext: 111511 1302® certificate holder in lieu ADDRESS: AFFORDING COVERAGE PRODUCER Agency,LP INSURER(S) Company Soules Insurance Ag United fire&Casualty _ 701 N San Jacinto INSURER A Texas Mutual Ins.Co' Conroe,TX 77301 INSURER B: _ 936 756-0671 - _ INSURED INSURER D C3 Constructors,LLC 12291 Rose Road Willis,TX 77378 REVISION NUMBER' UMBER: OCUMENT WITH RESPECT HE TERMS, CERTIFICATE N BEEN ISSUED TO THE INSURD D NAMED ABOVE FOR THE POLICY PERIOD COVERAGES BEEN REDUCED BY PAID CLAIMS. H THIS ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER THE INSURANCE AFFORDED Alp POLICIES DESCRIBED HEREIN IS SUBJECT THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVEP INDICATED. NOTWITHSTANDINGPOLICY EFF MMIAID C Y CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, MMIppIYYYY EACH OCCURRENCE Si OOA GOO,_"`_--- EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. I°L)Su R LIMITS SHOWN CY NUMBER 15I2CY EFF 051271201 IL R TYPE OF INSURANCE INSR WVD ,.ui • -ENTED s5o OOO X X 20322207 � ,_ Cce..-- A GENERAL LIABILITY @@ _ -_ © COMMERCIAL GENERAL LIABILITY MED:ER At: (Afl .cc r Inca _ _5 00 111 CLAIMS-MADE OCCUR PERSONAL&ADV 51 NJURY Si MO.000___�- GENERALAGGREGATE $2,0001000 PRODUCTS•COMP/OP AGO s2 0001000 - GEN'L AGGREGATE LIMIT APPLIES PER: 0 7 POLICY X PRO- L0C .— --- -- JECT COMBINED SINGLE LIMIT L,. A AUTOMOBILE LIABILITY 20322207 1512712016 0512712017 cea accident) $1,000,000 BODILY INJURY(Per person) $ ANY AUTO ;k '; ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ ra'+., AUTOS NON-OAUTOS PROPERTY DAMAGE X HIRED AUTOS X AUTOS NED .('LLian?) $ A X UMBRELLA LIAB X OCCUR 20322207 0612112016 0512T12017 EACH OCCURRENCE $5,000,��0 EXCESS LIAB CLAIMS-MADE AGGREGATE ,$S,OAO,000 DED RETENTION$ 6 . B ORKERS COMPENSATION X 0001308236 0612112016 06121/201T X ;C STATUS OTH,AND EMPLOYERS'LIABILITY NIRIMPPIPARTNERIEXECUTIVE YI N ANY PROPRIETORI Lei r 1 I f I s . , . is • ' n I II r � f',I AI 1: I I 1 t I s' 9 a a' v 1• . • Client#:64754 C3CONSTR /YYYY) ACORDr. CERTIFICATE OF LIABILITY INSURANCE 5ro5/2o DATE(MM/DD7 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ;, 1 BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT.CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ''• IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Soules Insurance Agency,LP PHONE 936 756-0671 Fax (NC,No,Ext): (A/C,No): 701 N San Jacinto E-MAIL ADDRESS: Conroe,TX 77301 INSURER(S)AFFORDING COVERAGE NAIC# 936 756-0671 INSURER A:United Fire&Casualty Company 13021 INSURED INSURER B:Texas Mutual Ins.Co. 22945 C3 Constructors,LLC INSURER C: 12291 Rose Road INSURER D: Willis,TX 77378 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSRL SUBR WVD POLICY NUMBER (MM/DDY/YEYYY) (MM/DDY�) LIMITS A GENERAL LIABILITY X X 20322207 05/27/2016 05/27/2017 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea oNcurrDence) $50,000 • CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 PERSONAL BADVINJURY $1,000,000 GENERALAGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $2,000,000 POLICY X jEo LOC $ 1, A AUTOMOBILE LIABILITY 20322207 05/27/2016 05/27/2017 (Ee aocideDlj INGLE LIMIT $1,000,000 ANY AUTO - BODILY INJURY(Per person) $ +:$,yb ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ ;,.y AUTOS _AUTOS • ~s:t X HIRED AUTOS X AUTOSWNED PROPERTY accidentDAMAGE $ • A X UMBRELLA LIAB X OCCUR 20322207 06/21/2016 05/27/2017 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ B WORKERS COMPENSATION X 0001308236 06/21/2016 06/21/2017 X TORY LIM TS ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) • E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Bid No.:0217-22 Chemical Containment Area Coating at Barry Rose,Longwood and Southdown Water Reclamation Facilities,City of Pearland,Texas The policies have blanket automatic additional insured endorsement and blanket automatic waiver of subrogation endorsement that provides additional insured and waiver of subrogation status to the certificate holder when there is a written contract between the named insured and the certificate holder that requires (See Attached Descriptions) • CERTIFICATE HOLDER CANCELLATION City • of Pearland c/o SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ardurra Group ACCORDANCE WITH THE POLICY PROVISIONS. 2032 Buffalo Terrace ,- • Houston,TX 77019 • AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. • ACORD 25(2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S575849/M558608 CAD 1 DESCRIPTIONS (Continued from Page 1) such status.The policies contain a special endorsement with primary&noncontributory wording.The policies include an endorsement providing that 30 days notice of cancellation will be furnished to the certificate holder. SAGITTA 25.3(2010/05) 2 of 2 #5575849/M558608