Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAboutR2017-070 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. COKER
CITY ATTORNEY
cco c ƒ � 7 ƒ / A) ƒ n / - v d CO
_ ca a _ E a _ - a
° o =f \ J / 2 o m a/ q 2
2 , $ & \ $ J a O o 7 P
■ ■ m _
Y1k Z 3 � ± \ 0 3 � ° 3
E § § s \ \- \ E
p � . n ' £
a \ c
,Q
ƒ 5 o ƒ = % - < 0 0 - /
k C C u a@ \ % \ %/ C 3
m 77 2 \ E � � 2/ °- 5* 6
/ o \ k \ E \ 0 \ \
$ \ 2 /k / t / / \
k ƒ m — 3 \ s E
-0 C° I \ \ k m2 3
K > \ ° ° - \ a
n - _
0 % \ i ) /
-0 z w w a Cl)
0 \- 0 ° \
\2 ƒ o X X �_ ƒ \ / § ƒ \
0 i $ 0 ® & ° R \ 2
ao o J CA a a /
S # / * k 5 o 2
3 -n � CD C 0
a ] S
±• ° £ co / I
o
i\ � � G \ I-
0
_ 3C co 0 • -°
a - $ D e 0
] � £ r- .,-• E
77 0 £ � m
7 / � k _5a 0.
\ ° -0 0 = 0
s \ ± 0_ ° 0,co E
co 3o - a
A) —
� k \ \ \ \ 00. 3 a o
] a
/ \ ( \ \ \ 0 X23 n %
( k P. - 0 / m -
Iv _ —
7 CD § -• a 0 CA
ƒ'<CD \ b d B
\ ° k 2 \ 2 a
3 : ��
� 0
= a -, r �zsc c_
k -
CO
o & o
_ 0 %• u) 0) A- E
$ o a m 0 co a
0 o -h ®
C
� O/ � o •\A / x
5. -9 a CD �k )
\ Rz A co
go as a a /
5' -'• m
CD a
/ � # M \
§ • 7 CO $
m $ o 0 a
> ° % A 0 o
0 0 0 E
•
7
•
Otie
*am.
hti
�Et
r =•
- r
._. ..ter
..1..:
• f,
r
.„,-.,.
.
,-....
, . .
.. ., .
-....01110,,,
.::
. .
•
' ,4„044..401ft.ly
Oar ,t-
, . 1
. .fr
..
1111111101106
0
(
' ...,
r '
. I ... ; • 1
.
, t ,
' f ' 1 ; I i , I ; . . ' .
i I • , ...,
1 i ' •
s .
I . - - I i, .
.
i . . .
. . . .
t ,
I :k
1 .....
.
I /
.. .
•
1 '
. .,. .- ............,
..
'-.-.......
:.,.
it ., . .
t , , , • n . % . .1, .4
;••.1140; 1. !' 'f•,1 11, ,, .( . ,., , . :.,.,.
, .A11.(t•.111. 1 i .11.. .r.;• r. ..K. • .4-, 1 .• ,e,e•.•
, "•••-■.i`i 14.4 , •-• y , -■A r.,,q : , r ,A f.;•••
. ,
. .'t , • .' "••.' .• .■ , f., re
I
4e• '. . . .* •
. ..
,,,.. ,..• ,
Ark.4*
,, : ' :;•'• ' ■ . '
1 •.. ' •
. . .
. ' •
•,II.7•....' ' t;,ii..1 1'.. ••'$',7';' .
)
•
. .,
d
.,
,„..:It. ..-
, ..,„„jo, ,. . ,
. •
11
.,.,,.....-xt. ,. : ,
' . III .
,
, .,,
4,
t-_,.. -
.. ,.,,,,,.-l'.."..,-:2.! „.e v
.:....
.',..4
'.,*--',-- ..,r3T4.';''•,:'.. . t _ _ ,, .
it.,..• . '.'',..?..'''i .''• .,. ,.. • '
,.,
I
.. .
. ...,.
' - - r.ta4.,' '.'-'5i...`S..*.t.•'','. . .,
,,,...
1 . ...:-;Z:',.f•-,.:-.:3, ..„..--...- tii.:-...- ,.
t .'''t,-..-',...-* .i.:-. 7.,, v:. . .•
—
,,,.., ••A.
'•
— ;
0.!
' ..
.. .
...
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,`.. L)>ni.).a. , 8 .J2271c767
1°28 Ucifk•eule-‘ c 61) .141°
— 1_ _ •
5t 2 u Mc N rLe/6Lr
0:3 CON sire-,1 r S it)1113S _72,4_,7'..3*2A 6 ei... ._ itiJe._ I
1 6,------- .elEitst.4, (.,)( ..) 4 ' 9 3( zZi 241 0
12.4 Ke►�-h Ave 1 t' E 832-gt22 2ck to
S �'c l� likci---4‘1K6rnans tr"0 ma.n s (@,ra�€.n ttrI ob
! 2'0 L f
�5S Cafe'`-,�.. � --...6.,Cre .. ...._.....__.._
/a/32 u)r�� . --- ----- S�2
f
(�2�5
s4'
3
ki.
�G_ /P ..'..dia4;1;zief...A2,0 e f / ..... s 1 r....._ A e /._.-.. ,_ .. _}��/�jL ///,,.e,r
.. "r l�V f+t�Iu'1 Oyu
Alch.4 a.,_
( C. 6 f_ :.... U mac_____ __ 75
(.J 0 i" j �S,L \u C'. IM o1 c�1 c w'C71'2. -3LC9/—.,v_ 6.6 C/(5 P eA
'tti 1/J ,a e • Ctt. 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