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R2017-170 2017-09-18
RESOLUTION NO. R2017-170 A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for the construction of the Independence Park Phase 1 Project to Harper Brothers Construction, in the amount of $3,572,424.00, including an appropriation of $130,000.00 from the Park Zone Development Fund. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That competitive bids for the construction of the Independence Park Phase 1 Project have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Harper Brothers Construction, in the amount of $3,572,424.00, including an appropriation of $130,000.00 from the Park Zone Development Fund. Section 3. The City Manager or his designee is hereby authorized to execute a contract for the construction of the Independence Park Phase 1 Project. PASSED, APPROVED and ADOPTED this the 18th day of September, A.D.. 2017. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Project Manual for: Independence Park Phase 1 3919 Liberty Dr, Pearland TX 77581 Issue for Construction id oo: 0617-45 August, 2017 Prepared. By: Talley Landscape Architects, Inc. P.O. Box 211 Orchard, TX 77464 (281)341-5601 www.TalleyLA.com C� Project Manual for: Independence Park Phase 1 COP Project No.: P20001 Bid No.: 0617-45 August, 2017 Prepared By: Talley Landscape Architects, Inc. P.O. Box 211 Orchard, TX 77464 CITY OF PEARLAND BRAZORIA COUNTY, TEXAS TABLE OF CONTENTS SECTION TITLE DIVISION 0 — BIDDING AND CONTRACT DOCUMENTS 00100 Invitation to Propose 00200 Instructions to Offerors 00300 Proposal Part A-E 00500 Standard Form of Agreement 00610 Performance Bond 00611 Payment Bond 00612 One Year Maintenance Bond 00615 Partial Waiver of Lien 00700 General Conditions of Agreement 00800 Special Conditions of Agreement 00811 Wage Scale for Engineering Construction DIVISION 1— GENERAL REQUIREMENTS 01100 Summary of Work 01140 Contractor's Use of Premises 01200 S Measurement and Payment Procedures Supplemental 01200 Measurement and Payment Procedures 01290 Change Order Procedures 01310 Coordination and Meetings 01350 Submittals 01380 Construction Photographs 01420 Referenced Standards 01430 Contractor's Quality Control 01440 Observation Services 01450 Testing Laboratory Services 01500 Temporary Facilities and Controls 01505 Mobilization 01550 Stabilized Construction Exit 01555 Traffic Control and Regulation 01560 Filter Fabric Fence 01561 Reinforced Filter Fabric Barrier 01562 Waste Material Disposal 01563 Tree and Plant Protection 01564 Control of Ground Water and Surface Water 01565 TPDES Requirements 01566 Source Controls for Erosion and Sedimentation 01570 Trench Safety System 01580 Project Identification Signs 01600 Material and Equipment 00010 - 1 of 3 CITY OF PEARLAND TABLE OF CONTENTS 01630 Product Options and Substitutions 01720 Field Surveying 01750 Starting Systems 01760 Project Record Documents 01770 Contract Closeout DIVISION 2 — SITE WORK 02200 S Site Preparation Supplemental 02200 Site Preparation 02220 Site Demolition 02252 Cement Stabilized Sand 02255 Bedding, Backfill, and Embankment Materials 02316 Excavation and Backfill for Roadways 02317 Excavation and Backfill for Structures 02318 Excavation and Backfill for Utilities 02330 Embankment 02335 Subgrade 02370 Geotextile 02415 Augering Pipe or Casing for Sewers 02510 Water Mains 02511 Water Meters 02515 Water Tap and Service Line Installation 02520 Valve Boxes, Meter Boxes, and Meter Vaults 02530 Gravity Sanitary Sewers 02531 Sanitary Sewer Service Leads or Reconnections 02534 PVC Pipe 02540 Tapping Sleeves and Valves 02541 Water and Wastewater Line Valves 02542 Concrete Manholes and Accessories 02582 Thermoplastic Pavement Markings 02603 Frames, Grates, Rings, and Covers 02630 Storm Sewers 02631 Precast Inlets, Headwalls, and Wingwalls 02632 Cast -in -Place Inlets, Headwalls, and Wingwalls 02633 Adjusting Manholes, Inlets, and Valve Boxes 02710 Base Course for Pavement 02741 Asphaltic Concrete Pavement 02742 Prime Coat 02743 Tack Coat 02762 Temporary and Removable Reflectorized Pavement Marking 02770 Curb, Curb & Gutter, and Headers 02771 S Concrete Sidewalks Supplemental 02771 Concrete Sidewalks SS 02771.1 BFRP Concrete Reinforcement 02775 Concrete Driveways 02811 S Landscape Irrigation Supplemental 02811 Landscape Irrigation SS 02822 Decorative Metal Fences and Gates 00010 - 2 of 3 CITY OF PEARLAND TABLE OF CONTENTS SS 02916 Soil Treatment 02910 Topsoil 02921 S Hydromulch Seeding Supplemental 02921 Hydromulch Seeding 02922 S Sodding Supplemental 02922 Sodding 02931 S Landscape and Tree Planting Supplemental 02931 Landscape and Tree Planting SS 02940 Exterior Landscape Maintenance 02981 Blast Cleaning of Pavement DIVISION 3 - CONCRETE 03300 Cast In Place Concrete 03310 Structural Concrete DIVISION 16 — ELECTRICAL 16010 Basic Electrical Requirements 16111 Conduit, Fittings and Bodies 16122 600 Volt and Control Cable 16131 Device, Pull, Junction and Terminal Boxes 16140 Wiring Devices 16161 Panelboards 16165 Disconnect Switches 16170 Grounding Bonding 16195 Electrical Identification 16402 Underground Conduit Banks 16461 Dry Type Transformers 16490 Mobile Power Distribution Unit 16510 Lighting Fixtures NOTE: Bold Specification Sections can be found on the City of Pearland Website at https://www.pearlandtx.gov/departments/engineering-and-capital-projects/eneineerina/standard- construction-documents (or at http://www.pearlandtx.gov/ by going to the Department of Engineering, Engineering Construction Documents). END OF SECTION 00010 - 3 of 3 CITYOFPEARLAND BIDDING AND CONTRACT DOCUMENTS DIVISION 0 TECHNICAL SPECIFICATIONS DIVISION 0 BIDDING AND CONTRACT DOCUMENTS NOTE: Specification Sections appearing in bold in the Table of Contents can be found on the City of Pearland Website at https://www.pearlandtx.gov/departments/engineering-and-capital- projects/engineering/standard-construction-documents (or at http://www.pearlandtx.gov/ by going to the Department of Engineering, Engineering Construction Documents). 03/2017 CITY OF PEARLAND INVITATION TO PROPOSE Section 00100 INVITATION TO PROPOSE CITY OF PEARLAND, TEXAS Competitive Sealed Proposal Electronic Sealed Competitive Proposals will be accepted for the following project, in the City's E-bid System. Electronic proposals shall be submitted through the City's web site at: https://pearl.and.ionwave.net/Login.aspx. All interested Offerors are required to register as a "supplier" on the City's &bid System at the above web address and clicking on "Supplier Registration". Registration provides automatic access to any changes to the Plans, Specifications or Submission 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 OFFERORS, Section 00200, included in the project bid documents viewable on the web site. Questions regarding electronic proposals should be directed to City Purchasing Officer at ebids@pearlandtx.gov. All Proposals submitted electronically will remain confidential until the opening date and time when they will be opened and read into the public record. Proposals 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, Community Center located at 3523 Liberty Drive, Pearland, Texas 77581. Electronic Proposals will be accepted until 2:00 p.m., Thursday, July 13, 2017. All Proposals shall reference the following project information in the appropriate locations in provided electronic format. All properly submitted proposals shall be publicly "opened" and read aloud into the public record following the closing of the acceptance period for the construction of: Independence Park Phase 1 City of Pearland, Texas COP PN: 20001 BID NO.: 0617-45 A mandatory pre -proposal conference will be held at the City of Pearland Community Center at 3523 Liberty Drive, Pearland, Texas 77581 at 3:00 p.m. on June 22, 2017. The project will entail the Demolition of existing park loop road and sanitary sewer lift station; Demolition and filling old force main and manholes; Installation of SWPPP components, 02-2015 00100 - 1 of4 CITY OF PEARLAND INVITATION TO PROPOSE Construction of a new park road; entry and left -turn lane off Pearland Pkwy; parking lot; flagpoles; playground; earthen berm with tunnel utilizing excavation from detention on North side; stage with dressing rooms/restrooms; LED lighting of new facilities; electrical service and wiring associated with new features; planting and irrigation; gravity sanitary sewer line and waterline; coordination of owner -furnished pre -fabricated restroom building and entry signage. Upon award of a contract, the successful Offeror 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, internet access and operation requirements that form the basis for all project communications, documentation and records for the project. For more information, see INSTRUCTIONS TO OFFERORS, Section 00200. Electronic Proposal Documents: including Contract Documents, Plans and Technical Specifications are available for download on the City's Website at: https://pearland.ionwave.net/Login.aspx upon registration. The documents are NOT viewable without registration. These same documents are also available at the following locations. Amtek Plan Room 4001 Sherwood Houston, TX 77092 The Associated General Contractors of America, Inc. 2400 Augusta, Suite 350 Houston, TX 77057 Virtual Builders Exchange 7035 W. Tidwell Building J, Suite 112 Houston, TX 77092 McGrawHill Construction — Dodge Reports (713) 956-0100 (713) 334-7100 (832) 613-0201 1-800-393-6343 Civcast https://www.civcastusa.coin No plan fees or deposits are required for plans and proposal documents obtained through the City's E-bid System. OFFERORS MUST REGISTER AS A SUPPLIER ON THE CITY'S E- BID SYSTEM IN ORDER TO SUBMIT A PROPOSAL EVEN IF PROPOSAL DOCUMENTS ARE OBTAINED VIA ONE OF THE PLAN HOUSES. Offerors accept sole responsibility for downloading all of the required documents, plans, specifications proposal forms and addenda required for submitting a proposal. Each proposal must be accompanied by a Proposed Schedule and Contractors Qualification Statement. 02-2015 00100 - 2 of 4 CITY OF PEARLAND INVITATION TO PROPOSE No proposal may be withdrawn or terminated for a period of sixty (90) days subsequent to the proposal 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 proposal price must accompany each proposal. Bidders submitting proposals electronically through the E-bid System shall scan and up -load a copy of the sealed Bid Bond as an attachment to their proposal. Original documents for Bid Security shall be requested by the City from the successful offeror and delivered to the City's Purchasing Officer within 48 business hours of the Proposal Opening. Bid Security shall be delivered to: Office of City Purchasing, Finance Department, Public Safety Building, 2555 Cullen Boulevard, Pearland, Texas 77581. Performance and Payment Bonds: The successful Offeror 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 final 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 Offeror 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 Offerors having submitted complete proposals will receive consideration for award of contract without regard to race, color, religion, sex, or national origin. Selection Criteria: The Contract is to be awarded based on provision of "Best Value" to the Owner. Within 30 days after receiving the Proposals, the Owner will consider and rank each proposal and select the Proposal that offers the best value to the Owner using the following criteria: 1) Price: The quoted price or cost methodology, alternatives proposed and markup for changes 52% 2) Schedule: The contractor's ability or commitment to deliver or sequence 12% delivery by a specific date(s). Coordination to work around uninterrupted facility operations. 3) Reputation: The contractor's reputation and past relationship with the City. 7% 4) Experience: Demonstrated ability to meet schedules on similar projects 6% 5) Personnel: Experience and qualifications of key project personnel 5% 6) Approach: Proposed approach to performing the work 5% 7) Subcontractor: Qualifications and Work History of proposed subcontractors with General Contractor 8% 02-2015 00100 - 3 of 4 CITY OF PEARLAND INVITATION TO PROPOSE 8) Safety: Quality Assurance Program and Safety Record 3% 9) Claims History 2% Upon selection of a primary Offeror, Owner will attempt to negotiate a contract with the most qualified Offeror. The Owner may discuss with the selected Offeror options for a scope or time modification and any price change associated with the modification. If the Owner is unable to negotiate a contract with the selected Offeror, the Owner may end negotiations with that Offeror and proceed to the next Offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. The Owner may make such investigations as he deems necessary to determine the ability of the Offeror to perform the work, and the Offeror shall furnish the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Offeror fails to satisfy the Owner that such Offeror is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional proposals will not be accepted. The City of Pearland reserves the right to award a contract based on its sole assessment and ranking of the above factors in its own best interests or reject any or all proposals. A proposal that has been "opened" may not be changed for the purposes of correcting an error in the proposed price. State Sales Tax: The Owner qualifies for exemption from State and Local Sales Tax pursuant to Section 151.311 of the Texas Tax Code for material incorporated into the project. 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. Young Lorfing, TRMC City Secretary, City of Pearland First Publication date June 14, 2017 Second Publication date June 21, 2017 02-2015 00100 - 4 of 4 CITYOFPEARLAND INSTRUCTIONS TO OFFERORS Section 00200 INSTRUCTIONS TO OFFERORS 1. Defined Terms 1.1 The term "Owner" hereinafter is defined as the City of Pearland and is used interchangeably with the tern "the City". Both terms are synonymous and refer to the City. 1.2 The term "Offeror" means one who submits a Proposal directly to Owner, as distinct from a sub -bidder, who submits a proposal to an Offeror. The term "Successful Offeror" means, on the basis of Owner's evaluation as hereinafter provided, the Offeror submitting a proposal that represents, in the Owner's opinion, the Best Value to the City. The term "Proposal Documents" includes the Invitation to Propose, Instructions to Offerors, the Proposal (Parts A through E), and the proposed Contract Documents (including all Addenda issued prior to receipts of proposals). 1.3 The term "E-bid System" refers to the City's electronic bidding system. This is a web -based system that provides all Proposal Documents electronically to potential Offerors and forms the pathway for interested Offerors to submit proposals in response to advertisement and invitation. The term "e-bid" and/ or "electronic bid" means the Offerors' electronic proposal submitted 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 proposal process to submit an authorized proposal to the City in response to an Invitation to Propose. 1.4 The tern "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 Offeror at the pre -Construction Meeting. 1.5 All other definitions set out in the Contract Documents are applicable to terms used in the Proposal Documents. 1.6 Unless otherwise expressly provided herein, all references to "day(s)" shall mean consecutive calendar day(s). 1.7 The term "Alternate(s)" or "Add Alternate(s)" as used here interchangeably is defined as an additive work item that may be selected or rejected by the Owner based solely on the Owner's acceptance or rejection of the price proposed for this item. Alternate bid prices shall include all labor, material, equipment and overhead costs to perform the work as specified, complete in place. When selected by the Owner, the costs for an Alternate shall be added to the Base Proposal and made a part of the Contract price. 06-2017 00200 - 1 of 12 CITY OFPEARLAND INSTRUCTIONS TO OFFERORS 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. Proposal documents can be viewed by simply selecting a specific project from the BID OPPORTUNITIES list and clicking on that project AF 1'ER registration as a Supplier. Potential Offerors 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) Select the appropriate Time Zone for the Offeror's location and whether that location observes 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 etnails notifying of proposal opportunities. Downloading any project proposal data will automatically place the Offeror'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 Proposal can only be submitted through this system. The form can be printed for Offeror's use, but the Proposal MUST be submitted on the electronic form within the E-bid System. 2.3 Questions regarding use of the E-bid System inay be directed by email to: ebids@pearl.andtx.gov. 3. Copies of Proposal Documents 3.1 Complete sets of "electronic" Proposal Documents are available for download to registered Offerors at No Cost from the City's E-bid System at: https://pearland.ionwave.net/Login.aspx. Interested Offerors must register as a "Supplier" on this site in order to receive the Proposal Documents, and all Addenda or other notifications of changes, including communications from the Owner or Engineer. All Proposal Documents are available to download and print. 3.2 The Offeror 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 Proposal Documents automatically ensures receipt of any and all subsequent communications from the City or its Engineer. 3.3 Copies of Proposal Documents are available or may be viewed at any of the Plan Houses listed in the Invitation to Propose. It is recommended that all interested Offerors, whether proposing directly to the Owner or Sub -bidders proposing to an Offeror, register as a Supplier and download the project Proposal Documents. 3.4 Complete sets of Proposal Documents must be used in preparing Proposals; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations 06-2017 00200 - 2 of 12 CITY OF PEARLAND INSTRUCTIONS TO OFFERORS resulting from the use of incomplete sets of Proposal Documents including, but not limited to all Addenda issued prior to bid. 3.5 Owner and Engineer, in making copies of Proposal Documents available on the above terms, do so only for the purpose of obtaining Proposals on the Work, and do not confer a license or grant for any other use. 3.6 Proposal Documents include but may not be limited to Section 00300 Proposal — Parts A, B, C, D, and E. 4. Examination of Contract Documents and Site 4.1 It is the responsibility of each Offeror before submitting a Proposal, to (a) examine the Proposal 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 Offeror'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. 4.2 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 Offerors for review, but such reports are not part of the Contract Documents. Offeror 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. 4.3 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. 4.4 Before submitting a Proposal, each Offeror will, at Offeror'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 Offeror deems necessary to determine its Proposal prices for performing and furnishing the Work in accordance with the Contract Time, Contract Price and other terms and conditions of the Contract Documents. 4.5 On request in advance, Owner will provide each prospective Offeror access to the site to conduct such explorations and tests as each prospective Offeror deems necessary for submission of a Proposal. Prospective Offerors shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 06-2017 00200 - 3 of 12 CITY OFPEARLAND INSTRUCTIONS TO OFFERORS 4.6 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. 4.7 The submission of a Proposal will constitute an incontrovertible representation by Offeror that Offeror has complied with every requirement of this Article 4, that without exception the 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. 5. Interpretations and Addenda 5.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer via the City's E-bid system. 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 Offerors in the City's E-bid System. Questions received less than five (5) days prior to the date for opening of 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. 5.2 Addenda may also be issued to modify the Proposal Documents as deemed advisable by Owner or Engineer. Addenda will automatically be made available to all registered Offerors that have downloaded Proposal Documents from the City's E- bid System. 6. Contract Time 6.1 The number of days in which the Work is to be Substantially Completed, as set forth in the 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. 7. Liquidated Damages and Early Completion Bonus 7.1 Provisions for liquidated damages and early completion bonus, if any, are set forth in the Standard Form of Agreement. 06-2017 00200 - 4 of 12 CITYOFPEARLAND INSTRUCTIONS TO OFFERORS 8. Substitute or "Or -Equal" Items 8.1 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. 9. Proposal Form 9.1 The Proposal form (Section 00300 — Proposal — Parts A, B, C, D, & E) is included with the Proposal Documents when downloaded. This Document must be printed and signed, as required below, and then uploaded as an Attachment to the Proposal. All E-bid and Proposals must be submitted on the City's official E-bid System Proposal document. All blanks on the Proposal form must be completed or filled in. The Offeror shall propose for all Alternates, if any. Incomplete Proposals may be cause for rejection. 9.2 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. 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 Proposal. 9.3 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 Proposal. 9.4 The Offeror shall acknowledge receipt of all Addenda (the number of which must be filled in on the Proposal form). 9.5 The address and telephone number for communications regarding the Proposal must be shown on the Proposal form. 9.6 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 accompany each proposal. Bidders submitting bids electronically through the E-bid system shall scan and upload a copy of the sealed Bid Bond as an attachment to their bid. 06-2017 00200 - 5 of 12 CITY OF PEARLAND INSTRUCTIONS TO OFFERORS 10. Submission of Proposals 10.1 The place, date and/or time designated for opening Proposals may be changed in accordance with applicable laws, codes and ordinances. Any such changes to the Proposal Schedule shall be made by Addenda. 10.2 Electronic Proposals 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 Offerors utilizing this system MUST register as a potential supplier. E-Bids are submitted directly via the City's Web based system located at hops:/!pearland.ionwave.net/Loain.aspx. Proposals submitted after the proposal date and time will be rejected. Offerors are advised to submit their proposal in advance of the closing time and allow for the electronic transfer to complete prior to the closing deadline. 11. Modification and Withdrawal of Proposals 11.1 Prior to submission, E-bid Proposals may be modified or withdrawn without prejudice. 11.2 Once submitted, Proposals may only be modified, by an appropriate document duly executed (in the manner that a Proposal must be executed) and delivered to Office of City Purchasing, Finance Department, Public Safety Building, 2555 Cullen Boulevard, Pearland, Texas 77581. and submitted any time prior to the opening of Proposals. 11.3 An Offeror may not modify or withdraw its Proposal by facsimile or verbal means. A withdrawn Proposal may be resubmitted prior to the designated time for opening Proposals. No proposal may be withdrawn or terminated for a period of ninety (90) days subsequent to the proposal opening date without the consent of the City of Pearland. 11.4 If, within twenty-four (24) hours after Proposals are opened, any Offeror 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 Proposal, that Offeror may request to withdraw its Proposal. Thereafter, that Offeror will be disqualified from further proposing on the Project to be provided under the Contract Documents. 12. Opening of Proposals 12.1 Proposals will be opened and (unless obviously non -responsive) read aloud publicly to identify the names of the offerors and their respective cost proposals, only. An abstract of the amounts of the base Proposals and major alternates (if any) will be made available to Offerors after the opening of Proposals. 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 Offeror has expressly identified any specific information contained therein as being trade secrets or confidential infornation. 06-2017 00200 - 6 of 12 CITYOFPEARLAND INSTRUCTIONS TO OFFERORS 13. Proposals to Remain Subject to Acceptance 13.1 All Proposals will remain subject to acceptance for sixty (60) days after the day of the Proposal opening, but Owner may, in its sole discretion, release any Proposal prior to that date. 14. Award of Contract 14.1 Owner reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Offeror. Owner may reject a bid as non -responsive if: 1) Offeror improperly or illegibly completes or fails to complete all information required by the Proposal Documents; 2) Offeror fails to sign the Proposal or improperly signs the Proposal; 3) Offeror qualifies its Proposal; 4) Offeror tardily or otherwise improperly submits its Proposal; 5) Offeror fails to submit the Contractor's Qualification Statement and Technical Proposal as required under section 3 of these Instructions to Offerors; or 6) The Proposal is otherwise non -responsive. 14.2 Best Value. The Contract is to be awarded based on provision of "Best Value" to the Owner. Within 30 days after receiving the Proposals, the Owner will consider and rank each proposal and select the Proposal that offers the best value to the Owner using the following criteria: 1) The Offeror's cost proposal; 2) The Offeror's demonstrated experience in constructing similar projects; 3) The Offeror's references; 4) The Offeror's ability to start and complete construction of the project in a timely manner; 5) The qualifications and experience of the project team the Offeror firm proposes to manage the project; 6) The Offeror's proposed subcontractors and suppliers; 7) The Offeror's safety record supported by accurate and verifiable data; 8) The Offeror's demonstrated administrative ability and financial resources to perform the work; and 9) All ()flier relevant criteria specifically listed in the Proposal Documents. A contract to be jawarded to the Offeror providing the Best Value may be let on either a lump sum basis or a unit cost basis dependent on the Proposal format. 06-2017 00200 - 7 of 12 CITY OF PEARLAND INSTRUCTIONS TO OFFERORS 14.3 Offeror is required to submit for approval a full schedule of values for the project as component of contract negotiations. 14.4 Within 30 days after the date of opening the proposals, the Owner will evaluate and rank each proposal with respect to the selection criteria contained in this Competitive Sealed Proposal document. After opening and ranking, an award may be made on the basis of the proposals initially submitted, without discussion, clarification or modification, or, the Owner may discuss with the selected responder, offers for cost reduction and other elements of the responder's proposal. If the Owner determines that it is unable to reach a contract satisfactory to the Owner with the selected responder, then the Owner will terminate discussions with the selected responder and proceed to the next responder in order of selection ranking until a contract is reached or the Owner has rejected all proposals. 14.5 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Proposal and to establish the responsibility, qualifications and financial ability of Offerors, 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. 14.6 Offeror Attendance. The successful Offeror or its representative is required to attend the City Council meeting in which the contract will be considered for award. Owner will establish a schedule for the award with Offeror. 15. Contract Security 15.1 When the Successful Offeror delivers the executed Standard Form of Agreement to Owner, it must include the required Performance, Payment, Maintenance and Surface Correction Bonds (if 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. 16. Workers' Classification 16.1 Texas Government Code § 2155.001 authorizes a penalty of $200 per misclassified individual to be imposed on a person who contracts for certain services with a governmental entity and fails to properly classify their workers and subcontractors. This is effective January 1, 2014. 17. Signing of Agreement 17.1 When Owner gives a Notice of Intent to Award to the Successful Offeror, 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 Offeror until proper execution and attestation of the Standard Form of Agreement by authorized representatives of the Owner. 06-2017 00200-8of12 CITY OFPEARLAND; INSTRUCTIONS TO OFFERORS 18. Pre -Proposal Conference 18.1 A pre -proposal conference will be held as indicated in the Invitation to Propose. Attendance at the pre -proposal conference is MANDATORY to fulfill the prerequisite requirements for Offerors bidding directly to the Owner. 19. Retainage 19.1 Provisions concerning retainage are set forth in the Contract Documents. 20. Award 20.1 The contract, if awarded, may be awarded to the eligible Offeror submitting the lowest and best responsible bid for the Owner, complying with these Instructions to Offerors and other bidding requirements in the Documents. By submitting a Proposal, each Offeror agrees and consents that the Owner, in determining the Successful Offeror and his eligibility for the award, may consider the Offeror's experience and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, safety record and other factors as stated below, which could affect the Offeror's qualifications to perform the work. 20.2 Pursuant to Statute 2269.151 of the Local Government Code, the City will evaluate the proposals to determine which proposal provides the best value for the Owner. In making said determination, the Owner will consider Criteria (as further defined or explained in these Instructions to Offerors and Bid Proposal, including the Equipment Selection Table, Contractor's Qualification Statement, Safety Questionnaire, and Technical Proposal. 20.3 The evaluation will be carried out by an evaluation team consisting of the Owner and Engineering Consultant. These team members will assign rating values to each of the criteria that range from 0-5, distributed as shown below: 5 = Exceeds Expectations 4 = Above Expectations 3 = Meets Expectations 2 = Does not quite Meet Expectations 1= Does not meet Expectations 0= Non -responsive or does not meet minimum Expectations 20.4 The average of the team member's individual rating values will be multiplied by the relative weighting points for each of the criteria below, and the total used to rank the Offerors. The Offeror with the highest ranking will be the Offeror considered the Offeror that provides the best responsible value to the Owner and will be recommended to the City for contract award. 06-2017 00200 - 9 of 12 CITY OF PEARLAND INSTRUCTIONS TO OFFERORS 20.5 Price — 52 Points - The Offeror with the lowest price will be awarded 52 Points. All other Offerors will be awarded a rating value based on a weighted percentage based on the difference from the low Offeror. 20.6 Ability to commit to deliver or sequence delivery by a specific date — 12 Points - The Offeror's experience and commitment to meeting the specific deadlines for the various components of the project. Provide three (3) recent examples of proven ability to schedule and phase the work properly to minimize impact to Owner. Please show the use of Critical Path Method for scheduling and experience in meeting deadlines. Provide past performance during project close out phase on the three (3) recent examples of similar type, size, scope, complexity and value. Provide the awarded contract amount, change orders and final contract amount. Offeror must provide a Critical Path summary level schedule for this Project indicating the Offeror firm's proposed construction schedule that meets required critical path deadlines and substantial completion time. Indicated how long each project took from Substantial Completion to Final Completion and brief explanation as to why. Offeror shall provide at least three (3) references for the company and include in the references company name, contact person(s), address and telephone number. Owner reserves the right to contact references for verification. 20.7 Reputation — 7 Points — The Offeror's historical ability to successfully control cost and schedule, and perform QA/QC will also be considered in awarding rating values for this criteria. Offeror should provide at least three (3) references for the company and for key personnel and include in the references: company name, contact person, address and telephone number. Owner reserves the right to contact references for verification. The Offeror's reputation among other governmental entities, owners, suppliers, and sub -contractors will be considered for awarding of rating value points. Strong consideration will be given to first-hand experience on prior City projects. A positive prior experience will be awarded an "exceeds expectation" rating of 7 points. Offeror with a negative past experience with Owner will be awarded a "does not meet expectations" rating value of 0 points. 20.8 Experience — 6 Points — Offeror must demonstrate past ability to meet contract schedule on similar projects (include date awarded, contract completion, actual completion) in this proposal to meet the minimum past experience qualifications. If the comparison reveals a disparity between the initial and final construction schedules provide an explanation. Offeror must provide a summary level schedule for this Project indicating the Offeror firm's proposed construction schedule that meets required substantial completion time. Meeting all of these criteria objectives will be required to be awarded a "meets expectations" rating of 3 for this criterion. 20.9 Experience and qualifications of key personnel— 5 Points — At least three (3) key staff personnel of the Offeror must demonstrate the work experience and qualifications 06-2017 00200 - 10 of 12 CITYOFPEARLAND INSTRUCTIONS TO OFFERORS in the construction of parks or projects of similar complexity. The key staff shall have had at least 20 years combined experience, with no one person having less than 5 years of experience, in park projects of similar size, scope, and complexity. The three (3) key staff shall be the Project Manager, 'General Superintendent and the safety representative assigned to the project. The General Superintendent shall have at least 10 years of experience in the construction of parks or with projects of similar size and complexity. The key staff personnel must be committed to this Project for the duration of the project, and cannot be removed from the project by the contractor except with the Owners approval. The Offeror will allocate 100% of the work hours of the General Superintendent to this project. The evaluation is based on the number of years with the Offeror, and the number of similar projects in which the Project Manager, General Superintendent and the safety representative performed on similar projects. Owner reserves the right to contact references for verification. Meeting all of these criteria objectives will be required to be awarded a "meets expectations" rating of 3 for this criterion. 20.10 Approach— 5 Points — Offeror must provide a written narrative of the Project Plan or Approach that is proposed to complete this project. Owner will assess the quality and clarity of the Offerer's work -plan including schedule, logistics/phasing plan, understanding of the work and sensitivity to ongoing operations in the facilities. Meeting this criteria objectives will be required to be awarded a "meets expectations" rating of 3 for this criterion. 20.11 Qualification and work history of proposed major sub -contractors with General Contractor — 8 Points — A major sub -contractor is a sub -contractor that performs 5 percent or more of the Project. The Offeror is required to provide references for similar projects where the subcontractor and Offeror have work together. The Offeror acknowledges that it is in the best interest of the Owner and the Offeror to have the work performed by experienced personnel in each particular construction discipline with particular interest and attention to the following with provided references: • Electrical — Minimum 10 years in the installation of electrical systems Information Technology and Low -voltage systems - Minimum 10 years in the installation of low -voltage system Plumbing — Minimum 10 years experience and provide reference to last five (5) projects Landscape Contractor — Provide 5 years experience and references to the last five (5) projects All referenced projects shall be parks or projects of similar size and complexity for cities, regional authorities or other governmental agencies or political subdivisions of the State of Texas. Additionally, each sub -contractor must be in good standing with the City of Pearland and must not have any pending or contemplated litigation with the City of Pearland, including any subsidiary or parent organizations, past or present. Satisfactory work history includes evaluation of workmanship, schedule, and litigation history. Failure to provide verifiable documentation of experience shall be grounds for disqualification of Offeror. Meeting all of 06-2017 00200 - 11 of 12 CITYOFPEARLAND INSTRUCTIONS TO OFFERORS these criteria objectives will be required to be awarded a "meets expectations" rating of 3 for this criterion. 20.12 Quality assurance program and safety record — 3 Points - The Offeror and the subcontractors must provide owner with their Experience Modification Rate (EMR). The Offeror with the lowest EMR will be awarded a 3 rating. Any Offeror with an EMR above 1.0 or with a planned subcontractor with an EMR above 1.0 will be awarded a 0 rating valve. All other Offerors will be awarded a rating value based on how their EMR compares to the Offeror with the lowest. The Offeror must provide a summary of the Offeror firm's Quality Assurance Program and how this plan includes subcontractors. Meeting all of these criteria objectives will be required to be awarded a "meets expectations" rating of 3 for this criterion. 20.13 Claims History — 2 Points: List all projects in the last five (5) years that have gone to claim, litigation, mediation or arbitration with the owner. List outcome of litigation or arbitration. List any construction projects Offeror failed to complete because of financial reasons, labor disputes, failure of employees to perform, or any other reason. Provide Offeror's Bond Rating. 20.14 Maximum Possible Ranking Points = 100 Points. 20.15 In evaluating proposals, Owner will consider the qualifications of the Offerors, whether or not the proposals comply with the prescribed requirements, and such alternates, and other data (e.g., safety record, subcontractor qualifications, experience on similar projects, etc.), as requested in the Bid Proposal. END OF SECTION 06-2017 00200 - 12 of 12 CITY OF PEARLAND Section 00300 PROPOSAL Part A PROPOSAL Date: 7/13/2017 Proposal of Harper Brothers Construction LLC , an individual proprietorship / a corporation organized and existing under the laws of the State of Texas / a partnership consisting. of Joe Harper & Jon Harper , for the construction of Independence Park Phase One City of Pearland, Texas COP:PN: P20001 PROPOSAL NO.: 0617-45 (Submitted in Electronic format) To: The Honorable Mayo► and City Council of Pearland City or Pearland 3519 Liberty Drive Pearland, Texas 77581 Pursuant to the published Invitation to Propose, and Instructions to Offerors, the undersigned Offeror 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 independence Park Phase One with all related appurtenances, complete, tested, and operational, in accordance with the Plans and Specifications prepared by Talley Landscape Architects, Inc. (PO Box 211, Orchard, Texas 77464), for the unit prices or applicable prices set forth in the Proposal Form located in Part B, the electronic proposalform as contained in the City's E-bid system, which, once fully executed and submitted shall constitute a legal and executable proposal from the Offeror. It is understood that, in the event any changes are ordered on any part of the Work, that all such changes to the Work shall be governed by Section 7 of the General Conditions of the Agreement and executed per Section 00700 of the Project Specifications. The Bid Security required under• the Instructions to Offerors is included and has been uploaded as an attachment within the E-bid system and, that a fully executed, signed and sealed hard copy has been delivered to the Office of City Purchasing, Finance Department; Public Safety Building, 2555 Cullen Boulevard, Pearland, Texas 77581. The Offeror agrees to submit to the Owner the Contractors Qualification Statement, Part C and the Technical Proposal, Part D, including the Financial Statement of Offeror, as required by the Instructions to Offerors if i quested to do so as a condition of the Proposal review:. The Offeror binds himself, upon acceptance of his proposal, to execute the Standard Form of Agree:nem and furnish an acceptable Performance and Payment Bond and :Maintenance Bond if required - See Section - 00800 Special Conditions, each in the amount of one hundred percent offeror's initials 00300-Part A`-1 of3 CITY OF PEARLAND PROPOSAL (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. The undersigned Offeror agrees to commence work within 10 ,days of the date of a written .Notice to Proceed. It is understoodthat the work is to be Substantially Cofnplete within three 'hundred and twenty (320) 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 proposed in this Competitive Seal 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 Offeror. It is understood that in the event the Successful Offeror will 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. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s). The Offeror acknowledges that the following Addenda have been received., The modifications to the Offeror Documents noted therein have been considered and all costs thereto are included in the Proposal prices. Addendum No.: 1 Date: 6/16/17 Addendum No.: Date: Addendum No,; 2 Date: 6/29/17 Addendum No.: Date: Addendum No.: 3 Date: 7/6/17 Addendum No.: Date: Addendum No.:. Date: Addendum No.: Date: The undersigned, as an Offeror, 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 offerors, profiles, grades, specifications, and the drawings therein referred to, and has carefully examined the locations, conditions and classes of materials oldie proposed work. Proposal amounts shall be shown in both words and figures. In case of discrepancy the amount shown in words shall govern. Offeror's In' - 00300 - Part. K- of3 CITY OF PEARLAND PROPOSAL Finn Name: Harper Brothers Construciton LLC By: Title: President Address: 654 N Sam Houston Pkwy E Suite 330 Houston T.X. 77060 Phone No: 713-893-4593 ATTEST: [-leather Torres (Typed or t'rinted Name) r Date: 7/13/2017 (Seal, if Offeror is a Corporation) END OF SECTION ffferor's Initials:- x`- 00300- PartA0=3 of 3 r-N August 2, 2017 City of Pearland 3519 Liberty Drive Pearland, TX 77531 RE: Independence Park Phase 1 We appreciate the opportunity to review the Independence Park Project with the Design & Management Team for the City of Pearland. Harper Brothers Construction provides every owner with the best possible pricing for items of work in accordance with the plans and specifications at bid time. We are confident that we have the best team in place to complete this project on time and on budget. We understand the City is looking for suggestions for value engineering of this project. We met with our subcontractors and vendors and have listed some discussion topics below for your review and consideration: VE- Lights and Light Poles Revised, (Including all Hotophane revisions and the latest P1 and P2 -Autobahn Area Light) LS 1 $ (58,500.00) $ (58,500.00) No Stabilize Sand - (Backfiil with excavated soil). Contractor will GPS Survey every 50' upon completion LS 1 $ (49,000.00) $ (49,000.00) No #4/0 Ground length of duct bank (Add Tracer wire) LS 1 $ (34,130.00) $ (34,130.00) Delete (4) P2 Light Poles (Not Doing Parking lot in Alternate) LS 1 $ (33,800A0) $ (33,800.00) Utilize RMC In 90's in lieu of PVC coated rigid 90's for Stub Ups at Electrical Panel Locations. Utilize PVC 90's instead of PVC coated 90's at ati locations other than Stub Ups at Electrical Panel Locations. LS 1 $ (7,200,00) $ (7,200.00) No concrete on duct bank stub -ups LS 1 $ (2,300,00) $ (2,300.00) Delete bore and casing. Conduit will be open cut and backtiiled with stabilized sand. LS 1 $ . (6;440.00) $ (6,440.00) Polymer Concrete Pull Box with apron instead of Concrete Pull Box (as shown on plans) LS 1 $ (4,900.00) $ (4,900.00) Remove ROAM Lighting Control System only. Nodes for future ROAM System Installation on light poles are still included. LS 1' $ (9,700.00) $ (9,700.00) Install a 14' x 10' Box Culvert and Cast in Place Headwall & Wingwall in lieu of a 10' x 20' Arch Span. $ (169,900.00) $ (375,870.00) Please see theenclosed table for comparison. Original Mobilization $ 119,950.00 Base Bid $ 3,233,519.00 Base Sanitary $ 315,625.00 Base Water $ 38,200.00 Cash Allowance CPE $ 15,000.00 Cash. Allowance CPE $ 5,000.00 Cash Allowance Sign $ 25,000.00 ALT 1- 2" HMCA Overlay $ 46,000.00 Alt 2 - New Parking Lot $ 130,000.00 ALT 3 - Work Gator Bar. Savings $ (1,308.00) Wet Conditions $ 71,000.00 After Value Engineering $ 119,950.00 $ 2,857,649.00 $ 315,625.00 $= 38,200.00 $ 15,000.00 $ 25,000.00 $ 71,000,00. $ 3,997,986.00 $ 3,442,424.00 We appreciate the opportunity to meet with you to discuss the options above. We are confident we have the experience and the best team to deliver a sucessful project to the City of Pearland on time and on budget. We look forward to the prospect of completing another sucessful project with the .City of Pearland. Should you have any questions please contact Jon Harper or Corey Garnett. Crry OF P.EARLAND PROPOSAL FORM. PART B Project Name Independence Park Phase One Contractor: Harper Brothers Construction LLC Project No. P20001 Proposal No.: 0617-45 PROPOSAL l . OWNER will award contract in accordance with Section 00100 Instructions to Offerors and based on OWNER selected Bid Alternate. 2. The above prices shall include all labor, materials, removal, equipment, temporary measures, overhead, profit, insurance and incidentals required to complete the Work. 3. The Offeror 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. The Offeror shall provide an additive amount for alternate items listed in Additive Alternate Work Items. Additive alternate bid items are depicted in the contract documents and not to be included in the price for work under Base Bid Items. Explanation of Award: Explanation of Award based on the Evaluation Criteria is included in Section 00200 Instructions to Offerors. The OWNER reserves the right to award the contract for an amount equal to the lump sutra base bid amount plus the price for any combination of Alternative Bid Items. The minimum award will include the TOTAL BaSe Bid. It is the desire of the OWNER to award the base bid and OWNER selected additive alternates. However, project funds.are limited and the OWNER. reserves the right to choose any or all ofthe additive alternate items listed in Table 00300-2 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. Offerors At thoriSignature Qfreror's initi ls:` 00300- Part B713 of3 CITY OF PEARLAND PROPOSAL Section 00300 CONTRACTOR'S QUALIFICATION STATEMENT PART C (Required with all Proposals) Submitted to: Harper Brothers Construction LLC By: Joe Harper INDIVIDUAL/PARTNERSHIP/CORPORATION/JOINT VENTURE The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made under a penalty of perjury. A. GENERAL Principal Office Address: 654 N Sam Houston Plcwy E Suite 330 Houston TX 77060 Telephone Number: (713 ) 893-4593 Fax Number: ( 713 ) 893-0048 Email address: bids@harperbro.com Indicate as Applicable: x A Corporation A Partnership An Individual If a Corporation, complete this section: Date of Incorporation: State of Incorporation: Chief Executive Officer's Name: President's Name: Vice President's Name(s): Offeror's Ini liars 00300 - Fart C 1,1 of 7 CITY OF PEARLAND Secretary's Name: Treasurer's Name: If a partnership, complete this section: Date of organization: 7/18/2014 State whether partnership is general or limited: General Name and address ()leach partner: Joe Harper 654 N Sam i-toston Pkwy 1? Suite 330 Houston Tx. 77060 & Jon Harper 654 N Sam Houston Pkwy 13 Suite 330 Houston TX 77060 If all indil'ldual, complete this section: Name and business address: 1. How many years has your organization been.in business as a general contractor under your present business name? 3 2. How many years' experience in this type of construction work has your organization had: (a) as a general contractor? 3 (b) as a subcontractor? 3 3, Are you a member of the BBB, International Standards Organization (ISO), or other quality associations or quality certifying organizations? n/a 4. 'Where is your main office located? 654 N Sam Houston Pkwy E. Suite 330 Houston TX 77060 5. Have you ever failed to complete any work awarded to you? No 6. if so, where and why? n/a B. OFFEROR'S ORGANIZATIONAL EXPERIENCE Offeror shall provide satisfactory evidence that the following minimum qualification requirements are met, inorder to be awarded the project: (1) The satisfactory completion by the Offeror Over the last five or more of similar project type. On'cror's tititials: 00300 » Part C/2 of 7 CITY OF PEARLAND The listing of contact names shall indicate that your organization has no objection to contacting the named individuals. Additional information may be submitted. Label "Attachment A- PART C", if appropriate. PROJECT l : See Attached Owner's Name and Contact Information: Project Name: Construction Cost: Scope of Work: Year of Completion: Location (City and State): PROJECT #2 Owner's Name and Contact Information: Project Name: Construction Cost: Scope of Work: Year of Completion: Location (City and State): PROJECT #3 Owner's Name and Contact Information: Project Natne: Construction Cost: Scope of Work: Year of Completion: Location (City and State): C. OFFEROR'S KEY PERSONNEL EXPERIENCE See Attached resumes Offeror shall provide satisfactory evidence that the following minimum qualification requirements are met, in order to be awarded the project: Key Personnel Experience - Provide qualifications of the project personnel who will perform key functions. Minimum information to be contained on the resume of each individual, if applicable, shall include: technical experience, managerial experience, education, position occupied on each assignment, description of duties on each assignment, and number of years with the organization. The following positions on your project team shall be identified below and shall be binding throughout the duration of the project unless otherwise approved by the Owner. Offeror's Ittitiats:: 00300 - Part C -0 of 7 CITY OF PEARLAND What is the name and percentage of time allocated to the following personnel? For Project Manager? Miguel Garcia 80% For Project Superintendent? Steve .Barefield 100% For Scheduler? Mike Salch 80% For QA/QC Personnel? Richard Lively 8Q% For Safety Officer? Rene Garza 80% D. OFFEROR'S PROJECT APPROACH 1. In what manner have you investigated this proposed work and inspected the site conditions? Explain in detail. 1. The site was visited on two separate occasions to get a better view of the traffic volume on Pearland Parkway and the visitors to the park. Photos and notes where taken at the current conditions along with the locations of critical components ofwork. 2. Explain your methodology for performing the proposed work, including Cost and Schedule control and QA/QC Control. 2. Prior to any project commencing Harper Brothers Cons. meets with all its subcontractor and suppliers on site. this allow all the involved parties the a i i y o coor Ana e an in any posse e con tc s Wi sc Zeduled work. nce a schedule is confirmed this is given to all parties along with the requirements and spe 'ifcations of their scope of wor1c The work completed by the subcontractor must pass inspections prior to its acceptance. 3. What portions of the work do you intend to sublet? (List subcontractors' names; specialties and percentage of work below). SCHEDULE OF SUBCONTRACTORS Offeror proposes the following subcontractors to be used for the Project (list others as applicable). All subcontractor specialties indicated below and any subcontractor scheduled to perform 5 percent or more of the Project work trust be listed and submitted with the proposal. Offeror may change subcontractors after bid submittal only as approved in writing by the Owner.. The information provided will be used in the evaluation of the Offeror; The references shall include name of project, Owner contact information, Engineer contact information and General Offcror's initials: , � 00300 -Part C -14 of 7 CITY OF PEARLAND PROPOSAL 4. What method(s) do you have to control your subcontractors? Harper Brothers has several methods to control its subcontractors, A method that has worked in previous projects is that tneir work must past inspection prior to any invoices being processed. A retainage is held snou►d some completed work need to be corrected, 5. Have you used these subcontractors before and what have your experiences been? The subcontractor for the project have been chosen from our past and current experience with them. They have been —speei icaliy4lesen-foNhis reason-as-we-have-completed-severa -time-sensitive projects -with -many -work -actives in a confined area 6. Please supply references of these proposed subcontractors. See Attached E. OFFEROR'S CURRENT WORKLOAD See Attached List the construction projects your organization has underway on this date. Project 1: Owner's Name and Contact Information: Location: Project Name: Construction Cost: Scope of Work: Percent Completion: Engineer Contact/Phone No.: Project 2: Owner's Name and Contact Information: Location: Project Name: Construction Cost: Scope of Work: Percent Completion: Engineer Contact/Phone No.: Offeror's initials; 00300 : Part C4'of 7 CITY OF PEARLAND Project 3: Owner's Name and Contact Information: Location: Project Name: Construction Cost: Scope of Work: Percent Completion: Engineer Contact/Phone No.: Project 4: Owner's Name and Contact Information: Location: Project Name: Construction Cost: Scope of Work: Percent Completion: Engineer Contact/Phone NO.: Are you currently in litigation concerning any of your projects? No. Offeror's Initials( ; 00300 - Part C.,- 7 tif 7 REFERENCES Bidder must furnish, with this bid, a list of three (3) references from customers with a similar or larger operation as the City of Pearland. This document, or a similar version issued by your company, must be uploaded with your bid response. Company Name: City of Sugar Land Contact: Ed Orozco Phone Number: 281-275-2780 Email Address: eorozco@sugarlandtx.gov Company Name: uptown Houston Contact: Robert Taube Phone Number: 713-621-2011 Email Address: rtaube@uptown-houston.com Company Name: Aurora Technical Services Contact: Raphael Ortega Phone Number: 713-582-2595 Email Address: rortega7@auroratechservices.com CITY OF SUGAR LAND Engineering Department July 13, 2017 Re: Harper Brothers Construction To whom it may concern, This letter certifies that Harper Brothers Construction completed City of Sugar Land Festival Site & Brazos River Park Phase I on time per the contract terms and to the satisfaction of the City of Sugar Land. Should you have questions or comments feel free to contact me by email or phone at eorozcoQsugarlandtx.gov or (281) 608-4833, if you have questions. Cordially, Edward Orozco Project Manager P- BOX 119 2700 TO\VN CENTER BLVD, SUGAR LAND, TX 77479 OFFICE: (281) 275-2780 FAX: (2 1 75-2771 Schedule Commitment Experience = Sugar Land Festival Site & Brazos River Park Phase I • $12,376,208.82 Contract • Value engineered over- 1M in savings • 365 Calendar Contract • Completed on time despite two 500 year rain events on Braios River • Project Highlights • A 300CY Radial Overlook Trellis 'featuring 50 year aged Oak • Over 150,000 SF of Sidewalk • 2 Pedestrian Bridges • 2 Large Parking lots • Gabion seat walls • And much more Brazos River Park RPER BROTHERS cnNii7Aut;r,cri Aerial Views- Before & After I SlteCrodng and Underground Utilities and Brazos River Park Phase ILA Overviewduring mid. construction 6164 . te 0307=5 ARPER BROTHERS •<:.< Festival Site Grading cmd Underground Utilities and Brazos River Park Phase HA Substantial Completion- Vegetation Imago 4 160741 6 WO Dnia 07.012016 1'14. auts4Zo231 44krs IIARPEO r wqc 1,4 Blssonne t. Utility Improvements fr. Buffalo Speedway City of Houston/ UKRA Bonus for 15 day early Raj Tanwani, PE Percent Completed (713) 541-3530 100% s5m 12/2915 General - Underground Utilities FM 2920 Waterline Extension Harris Couhty MUD 530 Alan McKee, PE; VP (713) 953-5200 6450K General - Underground Utilities Sugar Creek Phase II City of Sugar Land Christopher SteubIng, PE, CFM (281) 275-27e0 $2.5M Percent „Completed 100% 12/2015 Percent Completed 100% 01/2018 General - Underground Utilities, Paving & Bulkhead Offsito Waterline Fort Bend County MUD 184 Temrny Vance, PE (832) 913-1009 $1.4M General! Underground Utilities Percent Cempleted 100% 0212018 Completed Projects Harris County US 290 Segment 4 (Subcontractor to OHL, USA) Texas Department of Transportatlert Greg Garrison (832) 649- 4926 $113K Subcontractor- Unde Percent Complete 100% 12405 ound Utilities Rayford grossing Development. Spring Creek,Utility Dlitriet James Alnswerk, PE Percent Completed (713) 942- 2700 100% 11/2015 General - Underground Utilities & Detention Pond Sugar Land Festival Sito City of Sugar Land Christopher Steubing, PE, CFM Percent Completed (251) 275-2790 100% $12.3M 06/206 General- Underground Utilities , Paving, Landscape & Hardscape Bridge Enhancement Harris Couhly wCID Mci. 145 Beverly Westbrook (281) 648-1e02 $462K Generel - Bridge Percent Cerripleted 100% 04/2016 Native, Grocers (Subcontractor to ftilePtierson Development) Natural Grocers by Vitamin Cottage JaclynJcIynGHtespi Percent Completed (785) 273-3980 100% $47.4K 03/2016 Subcontractor - Underground UtIlitiee Fort Bend Mud 134A Motor Station Fort Bend Mud 134A John Dreahn (713).953-5200 $499K General - Underground Percent C mpleted 100% 4/2016 Meterstation iJS69 City of Sugar Land Greg Nichols Percent Completed (281) 275-2454 100% 6849K 10/2016 General - Underground Utilities Luckey Road 24" Main LGI Idemes- Texas LLO Jon Adame Percent Completed (210) 375-0000 1009/4 $190K 12/2016 Subcontractor - Underground Utilities Hallmark Or. & VVostbriar Lano Rehabilitalon Uptown Houston Development Authorlty Robert Taubp, PE Percent CoMpleted (713) 94.5200 100% $2.9M 12/2016 Generel - Underground Utilities & Paying Weetholmer Waterline Uptown Houston Development Authority Robert Taube, PE Percent Completed (713) 953-9200 1009/4 $2M 10/2018 General - Underground Utilities Harvest Comer Bridge Fort Pend Mird 134. April Weems (832) 913-4020 $2.5M General. Bride Hickory Hollow Outran City Of Hicitory'Hollow Michael Barrette, PE (713)1162-3242 1009/4 6370K 12/2016 General - Ernergertee Plogti & plii Repair Percent GompIead 1009A, 12/2016 Percent Completed UniversIty U800A to Oyster Creek City of Sugar Land Christopher Stenbine, PE, CFM Percont Completed (281) 275-2780 100% 65.5M 04/2017 General Paving, Retaining Wall & Underground Utilities Fondren Rd Reconstruction Oen) US 59 to Westpark Toliway Southwest Houston Redevelopment Authority/ TIRZ 20 Michael Barrette Percent Completed (713) 462-3242 100% $19.2M 04/2017 General- Underground Utile eying, Lendscape & Electrical Attachment A (?art C ]onaithoim Harp FOUNDER/CEO EDUCATION Bachelor of Science Finance St. Edwards University December 2005 PROFESSIONAL/TECHNICAL AFFLILIATIONS HCA committee member 2005 to present EMPLOYMENT HISTORY Harper Brothers Construction Founder/CEO 2014 to Present Texas Sterling Construction Co., Houston, TX 2005 to 2014 Senior Project Manager Project Manager/ Estimator Assistant Project Manager Project Administrator Administrative Assistant-1 year rotational assignment REFERENCES Shelley L Serres, PE Lockwood, Andrews & Newnam 2925 Briarpark Dr, Suite 400 Houston, TX 77042 (713) 821-0426 Sl,Serrestill an-ino,eom Christopher Stecrtbingg, PE, CFM City Engineer City of Sugar Land 2700 Town Center Blvd Sugar Land, TX 77479 (281) 275-2780 Lucie 1' Ortiz, PE Assistant Area Engineer Texas Dept of Transportation 702 FM 1959 Houston, TX 77034 (281) 464-5500 EXPERIENCE Mr. Harper has 10 years in the heavy civil construction industry with exposure and knowledge of large diameter waterlines, small diameter waterlines, storm sewer, paving, mass haul excavation, underground utilities and structures from projects based in the Houston and surrounding area of up to $24M. Experience consists of project management, and project engineering requiring: Primavera scheduling, estimating, production maintenance, quality control, system management, value engineering, change order origination and settlement, cost management and profit projections utilizing percent of completion accounting, MUNICIPAL PROJECT EXPERIENCE • SJRA Ground Reduction Program: Projects T2, W1B, W2A, & W2B- $54M Aggregate - San Jacinto River Authority, Program consisted of four projects constructing over 90k LF of large diameter water lines, tunnels, water line appurtenances, and paving restoration • 36" WL from SWTP to First Colony, Sugar Land, TX - $16.1M - City of Sugar Land, Construction of 26k LF of large diameter water line, 360' Bore under US90 and UPRR, 2700 LP of various Bores, 3 Aerial crossings. • University Blvd. Extension, Sugar Land, TX - $16.1M - City Of Sugar Land, Construction of roughly 51c LF of large diameter storm sewer, 5k LF of small diameter storm sewer, 10K LF of small diameter waterline, 50K SY of pavement, and 6 bridges • Kirby Dr. From Richmond to US 59, Houston, TX - $5.6M - City Of Houston/UKRA, Small diameter waterline, storm sewer improvements, installation of utility duct banks, reconstruction and widening of the concrete paved roadway, landscaping. • Contract 7313-2, Houston, TX - $8.9M - City Of Houston, Installation of roughly 101c LF of42" Water Line by open cut and trenchless construction, water plant improvements including: metering station and tank connections, horizontal directional drilling and pavement. restoration. o Kirby Dr., Houston, TX - $18.2M - City Of Houston/UKRA, Large diameter storm sewer, large diameter sanitary sewer, paving, and utility duct banks o T.C. Jester, Houston, TX- $7.1M- North Harris County Regional Water Authority, Construction of 42" diameter waterline by open cut and trenchless installation, sanitary sewer & paving. • Lyons Ave, Houston, TX- $5.6- City of Houston, Small diameter waterline, sewer & paving. HIGHWAY PROJECT EXPERIENCE • Beltway 8 at Pasadena Blvd, Galveston County, TX- $2.SM - TXDOT, Intersection improvements under Beltway 8 including a fast track pavement operation of the roadways with waterline, storm, and sanitary extensions • FM518, Galveston County, TX- $24M - TXDOT, Roadway improvements Including drainage, sewer, water & concrete paving • US 59 O. FM 1988, Polk County, TX - $8,3M - TXDOT, Bridge, Roadway widening including grading, asphalt paving, drainage, box culverts & retaining walls rN, Joe Nor11 PRESIDENT / CPO EDUCATION DOUBLE BA BUSINESS IN ACCOUNTING AND BANA (BUSINESS ANALYSIS) FROM TEXAS A & IVI UNIVERSITY EMPLOYMENT HISTOBY Harper Brothers Construction Houston, TX August 2014 to Present President/ CFO Texas Sterling Construction Co., Houston, TX 2012 to August 2014 VP - Houston Sterling Construction Company Houston, TX 2006 to2012 Executive VP - Finance Texas Sterling Constructton Houston, TX 1995 - 2006 Controller CPO - 'Project Manager and Estimator REFERENCES Mr. PatIVIanning -.Retired Former CEO of Sterling Construction (713) 2.99-3676 , Mr. Jim Allen Former CFO of Sterling Construction (281) 450-5015 Mr. Rich 13uenting CEO of Road and Highway Builders (775) 843-3922 EXPERIENCE Mr, Harper has 20 years of experience in the Fleavy Civil industry serving many diverse roles with a strong concentration on the Accounting / Finance field. Mr. Harper was part of the executive management team that took a $30m private heavy civil construction company to a public $650m national construction company working in 9 states with over 1,600 employees. Mr. Harper has both Accounting and Operational experience throughout his career with an eye for detail and wip analysis expertise. Prior to being one of the two founders of Harper Brothers Construction, Mr. Harper ended his career at Texas Sterling with P & L and safety responsibility by running the Houston Division for Texas Sterling. CAREER HIGHLIGHTS O Cut the RIR from 2012 to 2013 in half for the largest operational group of Sterling Construction and Texas Sterling ($150m / year, 450 people) By changing our safety personnel, improving safety systems and a renewed focus on safety, was able to significantly reduce the RIR with the same group of operations personnel in a year O No loss time incidents for the Houston division for the first time in years o Grew the division by over 20% year -over -year from 2012 to 2013 Mr. Harper made several strategic organizational changes that led to improvements including: • Adding pure estimators to the team to allow project, managers to focus more on jobs O Added a full time scheduler to improve divisional resource schedule and to allow project managers to focus more on jobs Added four project engineers / project coordinators to allow project managers to focus more on jobs and succession planning • Added two new safety professionals to support the division o As Executive VP of Finance for Sterling Construction, O performed due diligence on all acquisitions O responsible for the accounting, payroll, a/p, & HR departments © successful implementation of SOX controls and procedures O monthly financial statement preparation and quarterly presentation to board of directors and executive management As a project manager, Mr. Harper also bid and ran several successful jobs: * Sugarland Festival Site & Grading - Two parking lots, paving, mass excavation and bankment • No loss -time accidents o 84" Waterline along 24L11 Street - 84" waterline in the Heights, asphalt paving, one tunnel O No loss -time accidents o Almeda Genoa Road Reconstruction -Water, Sewer, Drainage & concrete paving © No loss -time accidents Rev GENERAL SUPERINTENDENT EDUCATION PROFESSIONAL/TECHNICAL AFFLILIATIONS EMPLOYMENT HISTORY Harper Brothers Construction 2015 - Present Texas Sterling Construction 2002 - 20,15 [Chisel Industries 1999 - 2002 Brown & Root 1990 - 1999 Worthen Construction 1977 - 1990 REFERENCES Texas Sterling Sam Clark - Retired Vice President 832-457-9012 OHL, USA Greg Garrison - Sr. Project Manager 512-206-6166 TxDOT Paul Ely - Sr. Inspector 281-319-6403 TxDOT Darien MeKec - Sr. Inspector 936-229-0283 Jones & Carter Larry Wepler - Sr. Project Manager 713-819-2220 EXPERIENCE Mr. Barefield possesses over forty (40) years of extensive and diverse experience in the heavy civil construction industries with an immaculate safety record. This experience consists of functioning as Division Manager, General Superintendent, Project Superintendent and Foreman with extensive knowledge in heavy civil and structures including bridges, walls, junction box and sheet piles. He has overseen projects up to $150M for Texas Department of Transportation, City of Houston, Harris County, Harris County Flood Control, City of Sugar Land, City of Pearland and various private entities. PROJECT EXPERIENCE • Hirsch Road, Houston, TX - $ 13 Million - City of ouston, 800 feet steel girder bridge over Hirsh Road rail road tracks. • Greens Road, Houston, TX - $6 Million - TxDOT, 700 feet concrete girder bridge over Greens Road rail road tracks and flood control ditch. • Beltway 8 Widening, Houston, TX - $ 4 Million - TxDOT, Widening concrete girder bridge on Beltway 8 over Imperial Valley Road, under high voltage powerlines. o University Blvd. Extension, Sugar Land, TX - $ 16.1 Million - City of Sugar Land, Construction of 6 concrete girder 400-800 feet bridges, University Blvd. North, Sugar Land, TX $ 4,8 Million - City of Sugar Land, Construction of 2 concrete girder 400 feet bridges. © US 59 North from Montgomery County line to New Caney, Texas Road & Bridge, New Caney, TX - $160 Million - TxDOT, 6 200-500 feet bridges with 6 miles of paving. Nasa Road bypass from 1H45 to Nasa Road, Webster, TX - $ 45 Million - TxDOT, 3 miles of road way consisting of 6 400-1200 feet bridges with 6 miles of paving. Conroe Industrial Park, Conroe, TX - $6 Million - Private, 45 feet precast con -tech bridge over drainage ditch with 3 miles of concrete paving • IH45 South at Nasa Road 1, Webster, TX - $30 Million - TxDOT, 2 concrete girder 450 feet bridges with 2 miles of paving. COMP LIANCE ETY CONSULTING CSC- Resume, Summary Personal Summary: I have over 15 years of safety experience in various industries including construction industry, general industry 4 oil & gas. My continued education and knowledge gained through my work experiences has given me the ability to lead and mentor individual 'safety professionals. Our successes are measured by our client's accomplishments with their safety & health programs. Education and Safety Training: Austin Community College- Austin, TX o Business Management- 2 Yr. Associate Prograni McLennan Community College- Waco, TX o Emergency Medical Technician (EMT) OSHA Training Institute $E Training Center -Houston, TX o OSHA 500 & 50I Outreach Trainer- OSIIA 10 Hr. / :i0 Hr. Training (Construction & General Industry) University of Texas- Arlington, TX o Hydrogen Sulfide (H2S) Trainer Crane Tech- Houston, TX o Rigging & Signal Communication Trainer Speed Shore Trenching Institute: Houston, TX o Advanced Excavation Safety- Competent Person Trainer Scaffold Training Institute: League City, TX o Competent Person Trainer Scaffold Industry Association- Houston, TX o Suspended / Swing Stage Scaffold Trainer American -Mart Association Trainer- BLS & HCP o 1' aid / CPR (Adult & Infant) / AED o Health Care Provider & Basie Life Support Medic 1s1 Aid/ CPR & AED Trainer o rr aid / CPR (Adult & Infant) / AED o Health Care Provider & Basic Life Support Web Devices- Fall Protection o Competent Person & Equipment User Trainer University of Texas- Austin, TX o MSHA Part 46 & 48 Trainer- 24 Hour New Hire & Annual 8 Hour Refresher Trainer Enrique Garza, President egarzaesc-safety.com_ 281.979.2712 Experience: 15 Years Safety Experience Language: Bilingual: English Spanish (Read, Write and Speak Fluently) Employment History: Compliance Safety Consulting, LLC President (June' 008 — Present) Tellepsen Builder Safety Compliance Officer (March 2006 —June 2008) Engineering Safety Consultants Central Texas Area Manager Safety Consir Itant- Regional Manager (February 2001— March 2006) The Madera Company Safety Coordinator (July 1998 — February 2001) Full Circle Safety Program Support & Managementl Message Center: 866.783.4832 j Fax: www.cse-safcry.ca111 2.243.1924 COMPLIANCE SAFETY CONSULTING CSC- Education & Safety Training (cont.) Texas Engineering Extension Services- Houston, TX o Work Zone Traffic Control & Flagger Trainer International Powered Access Federation (IPAF) o Aerial Work Platform Operator Authorized Trainer JLC Equipment Train to Trainer a Aerial Work Platform & Powered Industrial Lift Truck Genic Equipment Train to Trainer o Aerial Work Platform- Aerial Boom and Scissor Lift Crown Lifts- Train to Trainer o Powered Industrial Lift Truck Trainer PEC- Safcland & Safegulf/'Trainer o Onshore & Offshore PEC Orientation Tranier HP Consulting- Supplied Air Bottle Watch Trainer o Bottle Watch IVlonitor HP Consulting- Heavy Equipment Trainer a Earthmoving Equipment National Trench Safety- Confined Space Entry Trainer o Permit & Non -Permit Confined Space Entry National Trench Safety- Excavation Trainer o Competent Person Certified/ Occupational Safety & Health Technician (CAST/OAST) Copies of +'nrique's safety training credentials shall he provided upon request. ft) Full Circle Safety Program Support Management 1 Message Center: 866.783.4832 Fax: 832.243.1924 www.csc-sairety.com r r r Major Subcontractors Enterprise Commercial Paving — HMAC Pavement Pfeiffer & Sons — Electrical Texas Wall & Landscape — Irrigation & Landscaping Qualifications Attached LL & LANDSCAPE Project Experience 1. Sims Bayou Shared Use Trail S107 Owner: Houston Parks Board Mr. Danny Zirilli 300 North Post Oak Lane Houston, Texas 77024 (713) 942-8500 x 46 Architect: Murr Incorporated Mr. Michael Murr 11803 Grant Rd, Ste 108 Cypress, Texas 77429 (281) 257-3375 Size / Scope: • 1.8 miles of 10' Trail with lime subgrade • Over 1,000 If of retaining wall — variable height • Culverts and pipe installation up to 4' x 4' box • Tree and shrub installation, grass & seed installation with 2 years of maintenance Project Duration: Completed within contract time (210 days) despite a two month delay for retaining wall redesign Value: $3,063,419 at NTP, $ 3,059,686 final Sims Bayou Path LL A LAJt4S,CPPL1 '41001010606.100 $; i[ .= Sims Bayou Path MALL A LA APE 4,0000 9 ';jp w onaEa4P !a■s.auai 2. Festival Site Grading & Brazos River Park Phase HA Owner: City of Sugarland Mr. Ed Orozco 2700 Town Center Boulevard, Ste 122 Sugarland, Texas 77479 (281) 608-4833 Architect / Engineer: Brown & Gay Engineer Mr. Wesley French 10777 Westheimer, Ste 400 Houston, Texas 77042 (713) 488-8263 Size / Scope: • 49,000 sy of 6" paving with lime subgrade (parking lot) • 125,000 sf of 6" trail including sandblast finish and rock salt • 190 If of overlook trellis and 24' high retaining wall & columns O Two poured -in -place pedestrian bridges Project Duration: Completed within contract time (330 days) despite two 500 year floods along the Brazos River Value: $12,370,089 at NTP, $ 11,416,944 final ALL & LANDSCAPE 3. Waterway Extension -Phase 6 Transltway, Walkway Pavement Owner: The Woodlands Development Co Mr. Antonio Paz 1790 Hughes Landing Blvd, Ste 600 The Woodlands, Texas 77380 (281) 719-6158 Architect / Engineer: LEA Engineering Mr. Rick Kronenberger, P.E. 25211 Grogans Mill Rd, Ste 400 Spring, Texas 77380 (281) 210-1750 Size / Scope: • 3,955 sy 6" Colored concrete • 3,635 If of 6" Colored bands with 3,320 sy of colored sidewalk • 464 cy of cast -in -place retaining wall • 1 Prefabricated Bridge • Landscaping and Irrigation Project Duration: Completed within contract time (210 days) Value: $3,683,411 at NTP, $ 3,708,120 final pFEEFFER SON, LTD. Electrical & Telecommunication Contractors Company Profile 1. Company Background • Pfeiffer & Son, Ltd. is a family owned business that has been in operation since 1962. We have a solid history of quality work, fairness, reliability and honesty. This approach has been valued by our customers and has enabled the company to grow and prosper to what it is today: Currently,three brothers (great -great grandsons) represent the 5`h generation of family businessmen that have been in the Houston area since the early 1920s. The company has grown to approximately 160 employees as of 2015. 2. Qualifications o Pfeiffer & Son, Ltd. currently has 41 licensed journeymen and 6 master electricians. Our Electrical Contractor's License number is 18259. Developing talent in house is extremely important. We have an in-house Electrician Apprenticeship Training Program (TDLR ATP #121), and train our apprentices to rneet the high standards we strive to sustain. About 97% of our management staff has been promoted from within, o We are licensed with the Texas DPS Private Security Board, Number B17037, and currently have 14 licensed security technicians. o Financial solvency is important to our customers and our employees. Financial statements are available for review. We are prequalified with our surety for a per -project total of $30M and a $40M aggregate. Additionally, Pfeiffer & Son is prequalified with TxDOT for a bidding capacity of Well in excess of $378M. o Safety is extremely important. We have a full time safety manager that is tasked with ensuring full compliance with applicable safety regulations. We also contract with a separate and independent Third Party Consultant to provide quarterly safety reviews. Our EMR for the last 6 years are as follows: 4 2010 — 0.80 • 2011-0.82 • 2012-0.88 Our OSHA Recordable Incidence Rate is as follows: • 2009: 4.09 • 2010: 2.59 • 2011: 5,10 • 2013-0.94 • 2014 — 0.91 9 2015 — 0.79 • 2012: 3.33 • 2013: 1.68. 2014: 2.25 116 North 16th Street e PO Box 1116 • La Porte Texas 77572 Office: (281)471-4222 • Fax: (281)471-6856 cw (-N PFEIFFERSON, LTD. Electrical & Telecouriiication Contractors o We are members of the following professional associations • Houston Contractors Association (HCA) • Associated General Contractors (AGC) • Building Industry Consulting Services Internationale (BICSI) • International Municipal Signal Association (IMSA) • Charter Member of the Economic Alliance — Houston Port Region • Independent Electrical Contractors, Gulf Coast Texas o We have the following trade Certifications: • OnSSI Certified • BICSI RCDD Channel Partner ® IMSA Level III • Exacq Vision Traffic Signal • BlueWave • IMSA Light Brigade • Sony • Corning NPI • Axis Gold • Panduit EWP 3. Experience — Pfeiffer & Son has a diversified portfolio that allows us to tap a broad set of experience. Our work is broken down into five divisions as follows: o Transportation — Highway lighting, traffic signals; and ITS systems i. City of Houston CMAO. Project— (2010 — current) - $2.SM project to install a wide area fiber network connecting COH Public Works and COH Police Departments in various locations around Houston ii. Uptown Houston Management District (2012 current) - $.1.5M project to install pedestrian lighting, communication conduit and traffic signals. Ili. Houston Downtown Management District(2012 = current) - $550K project to install streetscape lighting, traffic signals and power distribution for the district. iv. Upper Kirby Management District — (2011-2012) —two projects ($3.1M and $1.5M) to install streetscape lighting, traffic signals, and power distribution for the district o Security —Electronic Access Controls and Surveillance Systems i. City of Houston Police Department (2009 -- present) —five projects to install surveillance cameras in and around downtown Houston, Minute Maid Park, and Reliant Stadium. ii. Metropolitan Transit Authority of Harris County, TX — (2008 — present) — installation of video surveillance equipment along the Red -Line Corridor ill. Energy Transfer- Lone Star NGL— (2012 — present) — Installation and maintenance of surveillance and access control systems. 116 North 16th Street o PO Box 1116 + La Porte Texas 77572 Office: (281).471-4222 4 Fax: (281)471-6856 PFEIFFER SON, LTD. Electrical & Telecommunication Contractors o Telecommunications i. Oxy-Bay_ e.r Fiber Installation — (2012) — Installation of approximately 75,000' of fiber optic cable under and beyond the Houston Ship Channel ii. Energy Transfer -Lone Star Fracturation Plant (2012 — current) — Installation of wide area fiber network to interconnect various control equipment, PLCs and switching equipment to the main distribution terminal. Methodist Hospital Research Building— (2011-2012) -Installation of CAT6A 10G cable through 10 floors of hospital campus. c? Municipal i. League City Southwest Water Reclamation Project (2012 — current) - $5M project to complete the electrical installation for a new waste water treatment plant fi. Chelford MUD Waste Water Treatment Plant Expansion (2012— current) - $1.4M — Expansion and modification of existing waste water treatrent facility. iii. North Harris County Regional Water Authority Project 2-3 (2012) $1.2M _ Water pumping station upgrades: o Commercial i. Minute Maid Park Renovations &Score board installation (2011— current) — Installation of new score board distribution system. Renovations throughout facility to Diamond Club and suites. if. Port Freeport Velasco Backlands Phase I and II. (2010 -2012) — Two projects to install high mast security lighting and communication duct bank around newlay down facility. Industrial Terminal — (2011— current) — Installation of communication backbone, security lighting and backup generation for command and control center. o Sports Lighting is Bellaire Little League Horn Elementary School (2012)— Installation of .electrical service and circuits for Musco lighting system for Bellaire Little League baseball fields. ii. Harris County Highlands Sports Complex (2012) — Installation of circuits, poles, and light fixtures for baseball fields. Hi, Harris County El Franco Lee Soccer Fields (2011) — Installation of circuits,. poles, and light fixtures for a Holophane sports lighting system for soccer fields. 116 North 16th Street + PO Box 1116 + La Porte Texas 77572 Office: (281)471-4222 + Fax: (281)471-6856 C' I'FEIFFERSON, LTD. Electrical & Telcca)mnnuni ation Contractors 4. Capacity to Service and Maintain o Metropolitan Transit Authority of Harris County, Texas — We are currently startingour second .maintenance contract with Metro, valued at $13.1M. We ran trouble calls for the first 5 years (2008-2012) with a one hour response time, for a total contract value of $15M. o Uptown Galleria Management District (2010 — Current) — on -call contract for district lighting, traffic signals, and communication. o Houston Downtown 'Management District— (2009 — current) — installation and maintenance of various facilities for HDMD, including fountains, lighting, etc; o The Methodist Hospital (2003 -- current) — Moves, Adds, Changes contractor throughout the facility. o Christus hospitals (2001— current) — Moves, Adds, Changes contractor throughout approximately 90% of their facilities. o Port of Houston Lighting Maintenance — Security lighting maintenance at Barbour's Cut and Bayport Facilities. 5. Electrical Contractor Licensing o ECL-18259 o Joseph Pfeiffer Master License t# 185608 6. References — o City of Houston Police Department Mrs. Julie Stroup Julie.Stroup houstc ntx.eov (713) 385-0653 4 Services Provided: Layout and Installation of wireless camera installation throughout downtown Houston, Reliant Park, and Minute Maid Park o Metropolitan Transit Authority of Harris County ® Mr. Walter Langford, III Walter.Laneford@ridemetro.org • (713) 652-4377 Services Provided: Installation of various items, including, CPT Network deployment, Wireless WAN with fiber backbone, OnSSI surveillance system of train station platforms and various facilities. o Other references upon request. 116 North 16`" Street PO Box 1116 4 La Porte Texas 77572 Office: (281)471-4222 ! Fax: (281)471-6856 PFEIFFERSON, LTD. Electrical & Tclecon1'rnunication Contractors 7. Key Personnel o Charlie Pfeiffer (Manager of CL PFEIFFER LLC, General Partner) has been with the Partnership since 1999. Mr. Pfeiffer received a Bachelor of Business Administration degree from the University of Texas in 1998 and entered the trade as an apprentice. He received his Journeyman's License in 2001, his IMSA Level II Bench Certification in 2008, and his State of Texas Department of Public Safety Qualified Security Manager license in 2015. o Joseph Pfeiffer (Manager of JB PFEIFFER LLC, General Partner) has been with the Partnership since 2002. Mr. Pfeiffer earned a bachelor's degree in Construction Management from Texas A&M in 2001. Mr. Pfeiffer entered the trade as an apprentice, received his Texas journeyman Electrician's License in 2006, and received his Texas Master Electrician's License in 2008. Currently Mr. Pfeiffer serves as a Project Manager and Department Head for the Service Department. o Merle Goff (Division Manager - Municipal) has been with the Partnership since July 1984. He has been a Master Electrician since 1992. Currently Mr. Goff serves as the Division Manager of the Municipal Department and project manages Wastewater/Water Projects. ca Jonathan Pfeiffer (Manager of IW PFEIFFER LLC, General Partner) has been with the Partnership since 2009. Mr. Pfeiffer earned dual degrees of Bachelor of Business Administration and Spanish from the University of Texas in 2008. Mr. Pfeiffer entered the trade as an apprentice, received his Texas journeyman Electrician's License in 2010, and received his Texas Master Electrician's License in 2014. Currently Mr. Pfeiffer serves as a Project Manager in the Municipal Department. o L.R. Pfeiffer (Director of Development) has been with the Partnership since 1973, Mr. Pfeiffer received a bachelor's degree from the University of Texas in 1973 and is a state of Texas licensed Master Electrician. o Tim Kearns (Division Manager — Telecommunications) has been with the Partnership since 1997. Mr. Kearns spent 10 years with General Telephone of California learning the telecommunications trade. Mr. Kearns founded our telecommunications/fiber optic department and has been its only manager. o Mike Smith (Division Manager —Transportation) started with the company as an apprentice in 1992 and worked his way up as an estimator . After leaving for a stint with DAML construction, Mr. Smith returned to serve as the manager of this department. 116 North 16th Street o PO Box 1116 ® La Porte Texas 77572 Office: (281)471-4222 + Fax: (281)471-6856 111 FEIFFE S N, LT ;Electrical & r.`e)ecotijmuniaticjn Cont>.•a tors 1. project N nie: Port of Peseport Lightiz c► ?, Project OWner (Organization/ Co., GQntact name and tnfarniaiian; Port of i'Oepor. t , Delores Garcia a Project: eediottrrri: Velasc;o Terminal ,B e)dan Davelopki2ent Phase T 79-2.33-2567 , 4. Respondent's Rote {Prime/ Subcontractor), Soopa of W,rl4 and Co itiractPrice: Subcontractor. - Lig tlr_c1, duct kink and 100 T7a ret al 5. Project 'rice; $1t4 Award Data: 2 - 2010 Gampfethpn Date: 3 -2.0 i. 1. Project Name; „., arc Jac 151W ipgrade 2, Project Qwtter (Orgsntrat an! Co., Contact woo and Inforrnatton: San aacinto College 1iatriat Bryan Jones 3. Project Qescrtption: Central CaTnp xe aeot.r car Ser'v Lce Upga ac e• 4. Respondent's Rote Wilmot Subcontractor),. SaQpe ofWorlt sod Contract Price: Pry,......` Replace primary raistributr .ori system .for the.. entire Campus 5, Project Price: $ 3 , 7.M Award Date; 6 = 2 013 Completion Date: 6 - 2 014 1, Project Name: Manchester & Care .Access Cc itro1 2. Project Owner (Orgarnizotionf Co., Gnriiect Pam. and Information; Port of Hotta ton Roger Hoh 713 -.6 7 0 - 2 612 3, ProjectEescription: Maria ester & Care ccese Coat ryl 4. Respondent's Rots (Pripet Sttbcorttraotor), Scope of Work and Contract pace: $ubcontraotor' - CCTV & Access Ctirztro1 6. Project Brio ; .6211 Award Sate; 6-2007 completion DeI6: ,;.. S „2008 PHONE: (281) 47171222 -PAX! (2,3 i) 471.636 P.O. BOX 1116 - 116 N. 16T.H STREET LA FORTE{ TEXAS 7757 - t 116 CONTRACTOR'S LICENSE i< 18759 REGULA:IUD BY ME71YAS OPPAR`fih4 U'f OF LICENSIZIO AND KE'WLATLDN P,o, 60X 12)51 4 Al.1STIN, PR79?kt (M9J) EPJ•P2U2 • (T2) 07-6599 ° WW", lirn11r4.SMV,rr.114l nn0lafntg mxiks DEPARTMERT OF PUTlt UC SM T1 SRCUtt1TY t,tCaiSt3 ft IVO FEIFFE Eamtrical ez Teleco unication Contractoi,'s 1, Project Neme: Piber 2, Project Owner Organization/ Co., Qontriot note and Information: City of Houstorz 713..-776 -6616 .4.1.-••••mymmer Pr oject Deoriptiom. ta.l.;.ation of wide area of ib network t or the cit'y of Houston • 4, Rezpondent's Role (Prime! Subcon(ractor), Soaps of Work rw.1 Contract Price: ?Le-Inta]1atflo ductbank atet I; c,prinect acIaities to Trallstar. 6, Prejeot Price; $3484 AWard bate: '4 -2 2 Co ropIstion Dela: 7-20j:4 1. Project Narks: Pre- Ou tago 'Network at Barbours Cut 2. PreJeol. Owner (Orbanization/ Co., Contact at and information; Port Oe ripus toil Au thorl. ty Rciger 1401i - 67 0 -2612 3_ Prolect0eacriptfore Pre,- Out ao: t wax*, at r»our cut. 4. riespottdent's riore (Prinle/ Subontractor), Oa/pa of Work and Contract Price: Prime -Install fiber tor POH at BarbourCut 5_ Peoisoi prt4e; 6K /ward Dale; 5-2014 CoMpletIon Oats: 6-3014, - , 1, Project. Name: , .iSK3ergy Drive r 2. ProleCtOwner .Organi.zationf Co., Contaa naMs and inforrnaliOn; Hari.s bptutt y Zrnprovemerit District No. 18 Lyhne linmi#1.e$ 713-860-6400 $, Project Desor1ption: Zrier2y Drive - 4. RespOndonts Role (Primo/ ZabOontractor), Scope of Work and Contract Pries: Subeo4tzaotor - Duct Bank Work 6, Project Rice: Award Date; 12-20,1.1 - Completion Da1e; PHONE: (281)471-4222- FAX; (281) 471-6856 P.O. BOX 1116 116N. 16Tli sraEET LA POR/FE, TEXAS 77572-1116 cenTRAo)cies Licp.14$e 0 ISZ5/ IiitiRILA111) EnfilirTexa-JAPATtiherf Or WCPISilsiG AIP ItrthiLATION P.O:DoX invi*AUSTro,YXai N) 1)03.9202 012) 441,6M 4 nvosA,Anc.,..dattgattiseuteithiLt ISX/.$5.1EPARINISIrr IR PUBLIC SAFETY SECURLTY LICIIN3E B11037 T XAS DEPARTMENT OF LICENSING AND REGULATION P.O. Box '12157 Austin, TX 78711 The state of Texas umbrella occupational regulatory agency. Our Mission: To honor the public trust, ensure the public's safety, and foster a fair and efficient regulatory environment. Our Vision: To be the nation's premier state agency. Our Core Values: * Accountability * Respect * Innovation * Teamwork * Customer Service * Integrity * Open and Free Communication Visit us on the web at: www.Iicense.state.tx.us RECEIVED NOV o e 2015 30 JOSEPH B PFEIFFER PO BOX 1116 LA PORTE, TX 77572-1116 The thermal wallet card 'attached below is your new license. It is effective through the expiration date on the card. Why is my new card gold? We're issuing gold cards for certain license types after receiving feedback from licensees and industry professionals. They requested a way for local government officials and supply shop employees to more quickly and easily identify Master Electricians and Air Conditioning Contractors from other license holders. Who will receive a TDLR Gold Card? Beginning May 1, 2012, new and renewing Master Electricians, Master Sign Electricians, and Air Conditioning Contractors will receive a gold -colored TDLR license card. • You can follow us on Facebook and Twitter: www.facebook.com/TDLRlicense vvww.twitter.com/TDLRlicense You can subscribe to receive email notifications from TDLR: www.license.state.tx.u8/newsletters/TDLRnotificationLists.asp Sincerely, Lei • ).// William H. Kun z, Jr. For assistance contact Customer Service customer.service@license.state.tx.us (512) 463-6599 (800) 803-9202 (statewide toll free) PORT OF ltiii;STON rtU`i`IitliUU'I V CHARLES L. PFEIFFER PFEIFFER. &SON, LTD,. 116 NORTH 16111 STREET LA PoRTE, TX 77571 Re: Small Business Development Program Registration Renewal Dear Charles L. Pfeiffer: NOVEMBER 22, 2013 CONGRATULATIONSi Your application for enrollment in the Small Business Program as an approved Port of Houston Authority Snrill Business Enterprise (SI3L) has been accepted. Your firm will be included in the electronic directory of small businesses. The directory is searchable and can be downloaded from the Pori of Houston website from the following link: https://portofhouston.sbecoinpliance.eom/FrontEird/VcndorSearchPubiic.as ., Your firm will be designated as an approved Small Business Vendor in our VIS procurement system. Enrollment is valid as long as your certificate is valid with METRO aspiring 11/30/2016 in the category of: CONSTRUCTION POWER AND COMMUNICATION LINli AND RI71,Artiv STRUCTURES FIBER optic CADLE TRANSMISSION CONSTRUCTION UNDERGROUND CAa1.8 LAYING Enrollment covers only the company that is listed in this letter and on the attached certificate. It does not cover any other company with which you may be associated. If there are any changes regarding the information provided in the submission of the application to register for the Small Business Program, you must immediately (within 30 days of such changes) notify the Small Business Departtnent in writing and sl1Innit a new application form, The Port of Houston Authority reserves the right to conduct a compliance review at any time to confirm eligibility. Enrollment in the Small. 'Business Program participation may be suspended upon findings of ineligibility, Please feel free to contact our Certification Specialist, Priscilla Burroughs at 713-670-2418 if you have any questions or concerns in regards to your certification. You may visit our web -site at http://vis.poha,coni/vis/externa_lrrtelasu for the most recent postings of bid and proposal notices. Should you have any questions concerning policy and procedures of the Small Business Program, a hard copy can be downloaded from the Small Business page from the Port of Houston Authority web -site. Sincerely, Gilda Ramirez Managing Director, Community Outreach Enclosure Pfeiffer &. Son, Ltd. is duly enrolled as a Small ° usin ess Enterprise in the Port of Houston Authority Small Business Program Effective Date: 11/22/2013 Expiration Date: 11/30/2016 Managing Director Community Outreach. HarryPfeiffer & Son. Ltd 602 N Hickory St. Tomball, TX77572 USA Dear Harry, Congratulations! YOU have oucCeash||yfulfilled yourconhnvin education requirements (CECa)^and your status an an RCOD (Registered Communications Distribution Designer) has been renewed for another three year period. Your new PCDD certificate is oxo|oged. Toreceive your complimentary personalized RCDD stamp' p|eaoevis||You will no, edyourDesignator Number and Cuntomer Codin to order. WE! encourage you to use your RCDD stamp wherever appropriate. Designator No: 1421g2R Customer CD: 105454 Your rogis�ohonMust borenewed every /hmoy000�/�least 45houm0 ftaohn|o�telecommunications training and attendance at one 132 SI conference is required during epch renewal perim. 8nute|eoommun|oo(ionapnofenoionu|youavaoanpons|b|yforenvurioOWa(a||rmquinoman|stoxorUu oanpwa|are met, Doriot wait until the end o[hrrenewal period; plan ahead. Raqumo(sfor extensions are rarely approved. Thank you for yourcontinued support inBkCS|and the RCOD program.Should you have any questions regarding the use of your new professional dusignation, please call us, Sincerely, R/k/` Trisha Mcmdau Director ofCmdpm0s|inO ~ �^ � 7 rofeSs'ionat Oc5ignation of itrcConnituniration. atuarbeb to by BICS1''' in recognition of having successfully completed BICSI's registration and examination requirements. Prrsido.0:, BICSI Executivf., OlfaC gcut ' 2017 Standardized Pre-Qu lification Form (PQF `GEfUERAL 1:Company Name: Enterprise Commercial Paving, Inc. 1NF iKmAT ON Telephone 713-432-7500 Fax: 713-432-7504 Street Address: 10 Stokes Street Mailing Address: 10 Stokes Street Houston, TX 77022 Houston, TX 77022 Web site: {rvV,nrt,ecoavine.com Contact Person: E-mail: Telephone: 713.432-7500 Fax: 713-432-7504 2. Officers Years 'Vth Company: President: Jeff Young 11 CFO: Julie Long 1 3.. How many years has your organization been in business under your present firm name? 11 Years 4. Parent Company Name: nla- City: Houston State: TX Zip: 77022 Subsidiaries: D&B# 780-268-384 D&B Rating: 1R3 FIN: 204310207 Vendor ID# 12043102073 Louisiana License # 1673658-001 ISNet World Member? YES ISN Registration Number? 400-19d592 Grade: _A- 5, Under Current Management Since (Date): 02/13/2006 6. Contact for Insurance Information: Paul Cerone (Bowen, Mrclette, & Britt InsurancAgency) Title: Account Manager Telephone: 713-867-5394 Fax: 713-860-7166 Email• neeronnk'?i hmhinc.corn 7. Insurance Carrier(s): Bituminous Fire & Marine Insurance / Bituminous Casualty Insurance fhttrel/www.bituminousinsurance.com/) Name Type of Coverage Telephone Bituminous Fire & Marine SEE ATTACHED -Workers compensation -General liability -Automobile Phone: 713-880-7100 Bituminous Casualty Corporation SEE ATTACHED -Umbrella Liability Phone: 713-880-7100 9. Contact for Requesting Bids: Jeff Young Title: President Mobile: 713-432-7500 Fax: 713-432-7504 E-Mail: JVoung(cr ecoavinq.com 10_ PQF Completed By: Courtney Authement Title: Accounts Receivable Date: 01/03/2017 Telephone: 713-432-7500 Fax: 713-4327604 E-Mail: Catithet ecpaving.com Enterprise Commercial Paving, Inc. PQF: Page 1 ORGANIZATIO'N 11. Form of Business: Corporation EI Date and State of lncorPoration: 02/13/2006 TX 12, Percent Minority/Female Owned: WA SBE: 12-12-11850S 13. A. Describe Services Performed: X Construction Original Equipment Manufacturer and Maint Construction Design Service work (e.g., Janitorial, clerical, etc.) Original Equipment Manufacturer and Installer Turnaround Maintenance Engineering Specialty Maintenance X Other: See AdditIonalSerViCeSlor D agription Manpower and Resource Actual Work Performed (Please check all that apply) Code # Work Performed Self -Performed Subcontracted 0 SITE PREPARATION YES CONCRETE / CIVIL YES 2 UNDERGROUND PIPING YES ROADS- PAVING & ASPHALT 4 YES CIVIL- XCAVATION G ADING/PAV NG YES 5 DEMOLITION 6 YES N PECT ON/TESTING: CIVIIJSOILS YE STRUCTURALSTRUCTURAI STEEL ERECTORS T PIUNG NCRETE DRIVEN PILE 0 DRILL PIER 1 MECHANICAL CPIPING & EQUIPMEN 2 INSTALL/SET VESSEL 13 PIPING FABRICATION SHOP 14 NDT TESTING 15 HOT TAP SERVICE 17 STEAM TRACING 18 TRANSPORTATION / IlEAVY L FT 19 FIELD FABRICATEDTANKS 0 ECTRICAL / INSTRUMENTATION 21 ATHODIC PROTECTION 22 FIBER OPTIC8 23 PLUMBING 4 INSTRUMENT CALIEL 25 ELEcrRtcAL TRACING 26 INSULATION 27 FIREPROOFING 28 ASBESTOS ABATEMENT 29 REFRACTORY LINING 0 SANDBLASTING / PAINTING 31 ACID PROOFIN 2 TANK/ P17 LINERS FURNITURE MOVERS 4 FIBERGLASS LINING 3 FENCING 36 FIRE PROTECTION (SPRINKLER SYSTEMS) 7 FRPPIPE INSTALLATION 38 BUILDINGS / aim DING MILLWORK ELECTRO POL HING 40 ROOFINGROOFING&SIDING 41 SAFETY TRAINING / CONSULTIN 2 CATALYST HANDLING SERVICES 4.3 API INSPECTION 44 HVA 45 METAL DUCT FABRICATION YES YES YES Enterprise Commercial Paving, Inc. PQF: Page 1 46 ELEVATORS 48 GEOTECH SURVEY / SOIL INVESTIGATION 49 CHEMICAL CLEANING 50 SKID ASSEMBLY / FABRICATION Si TANK DEGASSING / CLEANING 52 DEMOLITION / DISMANTLING 53 WATER JET DEMO 54 WATER WELLS / WELL SERVICE 55 WELL POINTING / DEWATERING 56 COOLING TOWER (FAB & INST) 57 TRAY INSTALLATION / TRAYS & PACKING 58 DUST CONTROL 60 MATERIAL HANDLING (CONVEYANCES) 61 ARCHITECTURAL 82 ENVIRONMENTAL 63 ENGINEERING (CONTRACT) 65 CONSTRUCTION MATERIAL TESTING 68 SCAFFOLDING 67 TIRE REPAIR 68 WEED CONTROL 69 MECHANICAL MOWING 70 TORQUE SERVICE / BOLT TENSIONING 71 SERVICE REP. / INSPECTION / SUPPLY 72 REFRACTORY DRYOUT SERVICES 73 CONCRETE RESTORATION 74 GUNITE 75 EPDXY INJECTION 76 LEAK CONTROL 77 HEAT TREATING / STRESS RELIEVING 78 CONCRETE SAWING 79 CONCRETE CORING 80 • BOILER, VESSEL, REFORMER & FURNACE REPAIR 81 SPECIALTY PIPE CLEANING SERVICE 82 PIPELINE CONSTRUCTION 83 DUMP TRUCK HAULING 84 POLE LINE CONSTRUCTION 85 HIGH VOLTAGE 86 AUGER CAST PILES 87 CONCRETE PUMPING 88 PROFESSIONAL SERVICES 89 ELECTRICAL HIPOTTING 90 SCALE INSTALLATION 91 MACHINING / PIPE CUTTING 92 CONTRACT LABOR 93 DUMPSTERS 94 CORE DRILLING 95 HYDRO EXCAVATION / TEST TRENCHING 97 VACUUM TRUCKS 98 HYDRO BLASTING 99 ALLOY WELDING - CONTRACT 100 HYDROSTATIC TESTING 101 AIR DRYING OF PROCESS SYSTEM 102 _ REFRIGERANT RECOVERY 103 COMPOSITE FIBER WRAP 104 OIL, MIST SYSTEMS 106 COMPRESSOR REPAIR 107 ROAD BORING 108 FOUNDATION REPAIR 109 PRECISION MEASURE/ ALIGNMENT YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES. YES. YES Enterprise Commercial Paving, Inc. Page 110 INSTALLATION OVERHEAD CRANES 11 LASER SCANNING 112 OPTICAL LASER ALIGNMENT 13 INSTALLATION FALL PROTECTION 4 PORTABLE TOLIETS 115 CLEANING / JANITORIA 116 NITROGEN PUMPING SERVICES 117 EDDY CURRENT TESTING 18 PRE -OPERATIONAL CLEANING 119 CARPET INSTALLER 120 INSTALLATION OF THERMOMETRY 21 START-UP / COMMISSIONING 22 THERMAL PERFORMANCE CONTRACTOR 123 SUBSTATION INSTALLATION 124 ACID BRICK 125 TUBE & FAN INSTALLATION 126 VALVE REPAIR 127 LIGHTNING PROTECTION 128 LEAK DETECTION / LEAK SEALING YES 129 G SS DOOR REPAIR (S&B BUILDINGS) 130 COMMERCIAL DIVING 131 SERVICE FIRE EXTINGUISHERS 132 MODULAR OFFICE BLDG. RENTALS 3 TENTS 134 LUBE OIL FLUSH 135 STEAM ( AIR BLOW 136 TRANSFORMER TESTING! OIL 137 ASME INSPECTIONS 138 ORBITAL WELDING 39 SECURITY / CLOSED CIRCUITTV 140 REBAR INSTALLATION 41 HEAT TRACING 142 INSTALL PIPE MARKERS, TAGS, ETC. 143 TELECOMMUNICATION /VOICE DATA 144 FLARE GUY (WIRE TENSIONING) 145 FLARE INSTALLATION 146 DOOR INSTALLATION 147 PIPE VIDEO INSPECTION YES 148 RECYCLE & DISPOSAL OF CONCRETE RUBBLE YES YES 149 UTILITY LOCATING - RADAR 150 SCRAP METAL RECYCLING 151 LAB FURNITURE / FUME HOOD / MAINTENANCE 152 HELICAL PILING 153 COMPUTER RECYCLING 154 FUELING SERVICE 155 STATIONARY BATTERIE 158 PALEONTOLOGICAL MONITORING 7 EMERGENCY GENERATORS (JOB SIT } 159 HORIZONTAL BORING/PIPE JACKING 160 STORE FRONT GLASS 161 TRAFFIC CONTROL YES 162 HDPE FUSION WELDING 63 STONE COLUMNS 164 BLAST PROOF TEMP MODULAR BUILbING Enterprise Commercial Paving, Ina. PQF: Page 1 Describe Additional Services Performed: 14. A. Do you normally employ? Union Personnel 0 Non -Union Personnel . Leased Personnel B. Average number of employees for last 3 years ? 91 15. Annual Dollar Volume for the Past Three Years: YR: 2013 $11.3 MM YR: 2014 $15.3 MM YR: 2015 $13.9 MM 16. Largest Job During the Last 3 Years: $4.0 MM 17. Your Firm's Desired Project Size; $1-5 MM Maximum $1OMM Minimum $: $6,000.00 18a. D&B Financial Rating: 1R3 PAYDEX Scale: 79 18b, Annual Sales $13.9 MM 18c. Net Worth: $2.0 MM 18d. DUNs #: 780268384 Date: 18e, Tax ID #: 204310207 19.Bank Line of Credit: $2.0 MM Bonding Capacity: $ 10.0 MM Bank Roference(s): Missy Krantz Iberia Bank (713) 624-1390 20. Major Jobs in progress: Customer/Location Type of Work S1ze $ Customer Contact Telephone Chevron Phillips / Sweeny, TX Sitework/Concrete $1.O MM Randy Sayers 713-875-2860 SP Plus / Houston, TX Sitework/Asphalt/Striping $300 K Bryan Artiecke 832-341-4713 Horizon / Houston, TX Sitework/Concrete/Asphalt $4.0 MM Todd Buster 713-783-1192 21. Major jobs completed in the past three years: Customer/Location Type ofWork Size $ Customer Contact Telephone Enterprise Products/ Baytown, TX Sitework/Concrete $1;.4' MM Mike Leggio 832-530-0462 Ward, Getz, & Associates / Houston, TX Sitework/Asphalt $1.7 MM Steven Ward 713-789-1900 Enterprise Products/ Jones Creek, TX Sitework/Asphalt $500,000.00 CalebVinyard 713-381-5514 22. Are there any judgments, claims or suits pending or outstanding against your company? If yes, please attach details. Yes 0 No 23. Are you now or have you ever been involved in any bankruptcy or reorganization proceedings? No L] Enterprise Conimerclal Paving, inc. PQF: Page 1 wSAF TY & HEALTH PEF2FORM NCEa. 24. Workers Compensation Experience Modification Rate (EMR) Data a. EMR is: 0.73 b_ EMR for three last years:, III ❑ Interstate rate intrastate rate Monopolistic State rate DUat rate. YR: 2016 EMR: 0.65 YR: 2015 EMR' 0.73 YR: 2014 EMR: 0.74 State of Origin; TX d; EMR Anniversary Date: 06/09/2015 a. Standard Industrial Code (SIC): 2951/1771 f. Primary NAILS Codes: 238910 25, Injury and Illness Data; a. Total company employee hours worked (excluding subcontractors) Hours / Year YR: 2015 YR 2014 YR: 2013 Field 137,934 67,555 113,154 Total 137,934 57,555 113,154 b. Provide data (excluding subcontractor) using your OSHA 200 and 300 Forms from the past three (3) years: Notes; (1) .Data should be total company data unless specificallyreguested by client. (2) Cambino injuries and illnesses from 200 Farm as reported on 300 Form (3) It your company Is net required to maintain OSHA 200/300 forms, please provide information from your Worker's Compensation insurance carrier itemizing all claims for the last 3 years.• YR: 2015 YR 2014 YR: 2013 No. Rate No. Rate No, Rate Fatalities Rate = Number of Fatalities x 200,000 - Total Employee Hours o 9 0 0 0 o Lost workday cas a o g, o 0 Lost workday case injuries, and illnesses involving days away from work, Rate = LW cases x 200.000 - Total Employee Hours o d o 0 0 0 Injuries and'Ilinesses involving medical treatment only. Rate = Total Injuriesandillnesses involving medical treatment only x 200, 000 4- Total Employee Hours ° ° o a o 0 TetaI.OSHA Recordable InjurY and Illnesses Rate Rate = Total Injuries and Illnesses x 200,000 :-Total Employee Hours 9 o 0 0 0 0 26, Have you received any regulatory (EPA, OSHA, etc.),; civil or criminal citations in the Iast.three years? Yes f No Enterprise Commercial Paving, inc. P i Pag 1 n EME 27. Name of highest nkin fety/health professional in e company: Name'. Jason Clark Title: General Manager! VP of Operations Telephone: 713=432-7500 This person reports to: Jeff Young. Title: President 28. Do you have or provide: a.. FuII time Safety/Health Director b. FuII time Site Safety/Health Supervisor c Full Time Job Safety/Health Coordinator 29. Do you have or provide, a, Safety/Health incentive program Company paid safety/health training SAFET N lei (NMENt%i 30. a, Do you have a written S, H & E Program? b. Does the program address the following key elements? 1. Management commitment and expectations 2. Employee participation 3. Accountabilities and responsibilities for managers, supervisors, and employees 4. Resources for meeting safety, health & environmental requirements, 5. Periodic safety and health performance appraisals for all employees 6, Safety, Health & Environmental Recognition Program 7. Hazard recognition and control c. Does the program satisfy your responsibility under the law for: Ensuring your employees follow the safety rules'of the facility 2, Advising owner pf any unique hazards presented by the contractor's work„and of any hazards found by the contractor 31. Does the program include work practices and procedures such as: a, Equipment Lockout and Tagout (LOT()); b, Confined Space Entry c. Injury & Illness Recording d, Fall Protection e. Personal Protective Equipment f; Portable Electrical/Power Tools g. Vehicle Safety h. Compressed Gas Cylinders i. Electrical Equipment Grounding Assurance j, Powered industrial Vehicles (Cranes, Forklifts, JLGs, etc.) k, Housekeeping I. Accident/Incident Reporting m. Unsafe Condition Reporting n. Emergency Preparedness, including evacuation plan Certifications: a OSHA 500 Instructor © 24-Hour HAZMAT Technician + 8-Hour Scaffold Competent Person tl, 10-Hour OSHA & DOT Pipeline Eiicavatlon Regulation • 40 Hour electrical Safety, HAZPOWER, Pipeline Cathodic Protection Fax: 713-432-7504 Yes Yes Yes Yes Yes El No No No No No 0 L D ❑. ROGRAMSx1 ME DU Yesi NOD❑ YesC1l NoDO YesL NoDO Yes[=® NoDO YesETIE1 No[J❑ Yew: ► . NoDO Yes[_ NOE] Yesr:El NoiaL YescO NoDO Yesc ® NoD O Yes El NODE] Yes[.'?© Ne0D Yes172) NofD Yesr.© NoLI ] Yesr NODE Yesl"`�1x, Norio Yesr?'® NoDO Yesi Note° YesCIE NoDO Yese NoDO YesDL Novi❑ Yes[g Nola❑ Yesr [ Non 0 YesD0, No[D0 Enterprise Commercial Paving; Inc, PQF:: Page o. p• q• r, s. Waste Disposal/Waste Minimization/Spill Prevention Back Injury Prevention Hazwoper Training Heat Stress Prevention Scaffold Bulling /Scaffold Use t. General NDT & Radiography 32. Do you have Witten programs for the following: a. Hearing Conservation b. Spill prevention and waste iiinimizatian c, Hazard Communication d. Program to support the contractor requirements of the. OSHA Process Safety Management of Highly Hazardous Chemicals;` Explosives and Blasting Agents Standard (29 CFR 1910). e. Respiratory Protection Where applicable, have employees been: Trained Fit tested Medically approved Yesrl 1 No00 YesEI Note❑ Yesr_10 NoDO Yes[F1 No0❑ YesCC1 NotO YesFEI No00 YesLIJ NoD❑ Yesc[X] NoE❑ YesC1. Nol.-iED YesEE NorjEl YesiE NOD❑ 33_ Do you have a substance abuse program? If yes, does it include the following? • Pre -placement Testing • Random Testing ® Testing for Cause • DOT Testing • Post Incident Testing 34. Do your employees read, write, and understand English s YesD I Nora❑ Yes[ 0.NoDEJ Yest= NonD Yest:. NoU❑ YesC® No[J❑ Ye$CO Non❑ YesC`® Not -JD h that they can perform their job tasks safely without an interpreter? If no, provide a description of your plan to assure that they can safely perform their jobs. N/A 35, Medical a. Do you conduct medical examinations for. Pre -placement Preplacenrent Job Capability • Hearing Function (Audiograms) • Pulmonary • Respiratory YesL d No00 YosulE1 NotD❑ YesD® Noo❑ YesC_'[] Nou❑ Yest3E No0E) N/AUCI` N/AuD N/A%i❑ N/AD ❑ N/AU❑ b. Describe how you will provide first aid and other medical services for your employees While on -site Specify who will provide this service: Foreman Trained In CPR/First Aid. Procedures in action regarding further Med. Attention. c. Do you have personnel trained to perform first aid and CPR? YesfEl NoDQ 36_ Do you hold site safety, health and environmental meetings for: Field Supervisors Employees New Hires. Subcontractors Are the safety, health and environmental meetings. 37. Personal Protection Equipment (PPE) a. Is applicable PPE provided for employees? b. Do you have a program to assure that PPE is inspected and maintained? 38. Do you have a corrective action process for addressing individual safety and health performance deficiencies? 39. Equipment and Materials: Yesr_ t Nou❑. YesD J NonD Yes[ ® No❑❑ YesL J No00 curnented? YestlE NoF) Yesr_Ej Nola❑ YesC© Nola❑ Yes[: 14 NoUlp Frequency Weekly Frequency Weekly Frequency Weekly Frequency Weekly Enterprise Commercial Paving; Inc. PQF Page 1 a Do you have a system for establishing applicable health, safety, and environmental specifications for acquisition of materials and equipment? YesE0 NooL] N/ADD b. Do you conduct inspections on operating equipment e,g., cranes, forklif(s, JLGs) In compliance with regulatory requirements? Yes0 0 No N/ADLJ c. Do you maintain operating equipment in compliance with regulatery requirements? Yesr_10 No1:10 N/ADO d. Do you maintain the applicable inspection and maintenance ceillfication records for operating eqUiprnent? Yesr:iFj No:0 N/Ao 40, Subcontractors Do you use subcontractors? (If no, skip to question 43) Yes0. a. Do you use safety, health and environmental performance criteria in selection ofsubcontractors? YestJ.4 NonDI b. Do you evaluate the ability of subcontractors to comply with applicable safety, health and environmental requirements as part of the selection process? Yesr_10 NoUD c. Do your subcontractors have a written safety, health and environmental program? YesI' NoLIO Do you include your subcontractors In: • Safety, Health & Environmental Orientation • Safety, Health & Environmental Meeting • Safety, Health & Environmental Inspections ▪ Safety, Health & Environmental Audits Yes[: 0 No00 Yes[NoCIO Yese. NoriO Yes17.0 NoDO • 41. inspections and Audits a, Do you conduct Safety, Health & Environmental inspections? b. Do you conduct Safety, Health & Environmental program audits? c. Are corrections of deficiencies documented? SAFET Yes Yes Yes NoDEI NO0,0 NoC30 LIR& ENVIRONiVIENTAL TaAINING 42. Safety, Health & Environmental Training a. Do you know the regulatory safety, health and environmental training requirements for your employees? YesD NoDO b, Have your employees received the required safety, health and environmental training and retrainingand is it documented? L1 Yes0 Non c Do you have a specific safety, health and environmental training program for supervisors? Yes00 NoDO d Are all employees trained in the work practices needed to safely perform his/her job? Yes[] No1:10 Is each employee instructed in the known potential of fire, explosion, or toxic release hazards related to his/her job, the process and the applicable provisions of the emergency action plan? Yes00 NoriEJ p CRAFT TRAINING' AND ASSESSMENT Data time frame: to Notes 1. Data should be the best available applicable for your company's workforce (use average of last twelve months) 2. Training. Skills Assessment Testing and Performance Verification refer to nationally recognized programs such as NCCER, NCCCO and DOL BAT programs. If Not applicable, please explain 43. Workforce e. Journeymen 1.11e-Journeyman Trainees (NCCER or DOL BAT covered) c, Helpers d. Non -covered Journeymen Craftsmen e. f. h. Non -covered Sub -Journeymen Craftsmen/Trainees/Helpers Supervision (Foremen/General Foremen) Professional (Safety/Scheduling/Englneering) Administration/Management Total Workforce Enterprise Commercial Paving, Inc. P : Page 1 44. Do you have written Workforce Development Policies &Procedures? YesU No0 45. Formal Training FOr SyWoumeyrnan Trainees• a. Do you have and maintain craft training records for employees? YesflD Notin b. Do you provide incentives to trainees to complete formal training? YesE1121 NoDgi p. % of. subjourneymen Trainees that have completed all NCCER curriculum or DOL 8ureati of Apprenticeship Training and graduated ti% % ofS J Trainees presently enrolled in NCCER or DOL BAT Programs 0% e. Is Company an accredited NGCER Training Sponsor or Unit? Y01.10 NoOD gmlOi•Orls6 COrtirpercial PaVirig, Inc PQF: Pagel 46. Assessments, Upgrade Training & Certification a, Journeymen craftsmen who have been assessed through the craft skills assessment process (see note 2) b. Journeyman Craftsmen who have been certified through written skills assessment testing? c. Journeyman Craftsmen who have been certified in more than one craft? d. Journeymen craftsmen with skills deficiencies identified through assessment testing and receiving upgrade training? e. Journeymen craftsmen in upgrade training to improve areas Identified through assessment testing? f. Do •you provide incentives for journeymen to become certified? Yes1:10 No0121 g. Do craftsmen have access to upgrade training to IMpreVe skills? Yes DO Nat h. Is Company an accredited NCCER Assessment Center Yes0121 NoDD I, When are craftsmen assessed? OPre-employment ['Within 30 days of hire rig Other, specify: As Needed Per Project 47, Performance Verification a. Journeymen craftsmen that have achieved verified performance b. Journeymen craftsmen that have achieved both written certification and verified performance. 9 79 % 114#6krAti o LIB M Please provide Copies ofchecked items with the completed PQF: 1E1 0 0 0 0 0 0 0 0 El 0 0 EMR documentation from your insurance carrier 0 Insurance Certiticale(s) 0 OSHA 300A and 300 Logs (Past 3 Years) El Safety, Flealth & Environmental Program Safety, Health & Environmental Incentive Program El Substance Abuse Program (Include Substances Tested & Levels) Hazard Communication Program 0 Respiratory Protection Program Housekeeping Policy 0. Accident/Incident•Investigation Procedure 0 Unsafe Condition Reporting Procedure El Safety, Health & Environmental Inspection Form Safety, Health & Environmental Audit Procedure or Form Safety, Health & Environmental Orientation (Outline) Safely, Health & Environmental Training Program (Outline) Example of Employee Safety, Health & 0 Environmental Training Records Workforce Development Policies NOT & Radiography Program Note: Owner checks items to b Safety, Health & Envirbnmental Training Schedule (Sarnple) Safety, Health & Environmental Training for Supervisors (Outline) Copy of Louisiana Conlraotcirs licence, Organization Chan List of major equipment. (e.g., cranes, JLGs, forklifts) yourcornpany has.avaliable for work at this fealty. Equipment Lockout and Tagout (LOTO) Conilned Space Entry Fall Protection, Scaffold,uSe, scaffoldbullding Personal Protective Equipment Portable Electric / power Equipment - Vehicle Safety Compressed GeS Cylinders Electrical Equipment GroUntlIng Assurance Emergency Preparedness, including evacuation plan. Waste Disposal Back inittry Prevention Heat Stress Prevention provided with PQF. Enterprise Conimercial Paving, Inc. PQF: Page 1 Fill in below Name & Title of Company Officer responsible for assuring the accuracy of this document: Name: Jeff Young Title; Date: President 01/01/2017 Enterprise Commercial Paving, Inc, PQ.F. Page I Current Project Listing FM 270 Bridge Texas Department of Transportation Darin Korbut (512) 416-2574 $3.8M General - Bridge & Paving Callaghan City of San Antonio Ronald Ramirez (210) 207-8063 $15,4M General.- Underground Utilities, Retaining Well, Paving & Soundwall. Hwy 290 (Subcontractor to VVVVVIrebber) Texas Department of Transportation Jasmine Lopez (832) 850-2745 $6•2M Subcontractor - Underground Utilities 60" Waterline Airport to Monroe City of Houston Jerry Sowelis (832) 924-2641 $12.7M General - Large Diameter Waterline Post Oak Uptown Development Authority Robert Taupe, PE (713) 953-5200 $25.9M General - Underground Utilities, Paving, Landscape & Electrical Large Valve Replacement City of Houston James Garza (832) 393.0628 $4,7M General - Large Diameter Waterline Woodlands Waterway Extension The Woodlands Development Company Antonio Pei (281) 719-8158 $3.6M General - Paving, Bridge and Landscape Hollyhurst Harris County improvement District No. 1 Robert Taube, PE (713) 953-5200 $4.3M General- Underground Utilities Fair Oaks Ranch City of Fair Oaks Adrian M Garcia, PE (210) 698.0900 $6.8M General - Underground Utilities Percent Completed 95% Bonded by Hartford Fire Ins, Co. Percent Completed 56% BQnded by Hartford Fire Ins. Co. Percent Completed 77% Bonded by Hartford Fire Ins. Co. Percent Completed 73% Bonded by Hartford Fire Inc. Co - Percent Completed 31% Bonded by Hartford Fire Inc, Co, Percent Completed 2% Bonded by Hartford Fire Inc; Co. Percent Completed 66% Bonded by Hartford Fire Inc. Co, Percent Completed 44% Bonded by Hartford Fire ins. Co. Percent Completed 36% Bonded by Hartford Fire IncCo. Collingsworth Bridge - Harris -County Toll Road Author Nick Coleman, PE, PMP (713) 600-6862 $17.4M General - Bridge_& Paving 30/20 Surface Water Trans lesion Line City of Sugar Land Christopher SleubIng, PE, CFM (281) 275-2780 $8.5M General - University North Extension, City of Sugar Land Christopher Steublng, PE, CFM (281) 275-2780 $10.8M General - Percent Completed 32% Bonded by Hartford Fire Inc. Co, Percent Completed 26% Bonded by Hartford Fire Inc. Co. Percent Completed 12% Bonded by Hartford Fire Ins. co, Attachmont CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire Is being flied in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176,001(1-a) with a local governmental entity and the vendor meets requirements Under Section 176.000(a). Bylevy this questionnaire must be filed with the records administrator of the local governmental entity not later than the 71it business day alter the date the vendor becomes aware of facts that require the statement to be filed, See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Lcscal Government Cade. An offense under this section is a misdemeanor. OFFICE USE ONLY pate Received -11 Name of vendor who has a business relationship with local governmental entity. Harper. Brothers Construction LLC J Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated day after the date on which completed questionnaire with the appropriate filing authority not later than the 7th business yclu became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. Name of Officer il Describe each employment or other business relationship with the local government officer, officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with Complete subparts A and B for each employment or business relationship described. Attach CIQ as necessary. A. is the local government officer or a family member of the officer receiving or likely other than investment income, from the vendor? or a family member of the the local government officer. additional pages to this Form to receive taxable Income, Income, from or at the direction is not received from the Yes x No B. Is the vender receiving or likely to receive taxable income, other than investment of the local government officer or a family member of the officer AND the taxable Income local governmental entity? Yes x No -J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. the officer one or more gifts Check this box It the vendor has given the local government officer or a family member of as described in Section 176.003(a)(2)(B), excluding described in Section. 176.003(a1). gifts De ...t..., rL� 7113/2017 Signature of van or dalnr`.usinF,. ith the governmonta entity Date Form provided by Texas Ethics Commission www.ethics.stat6,1x.us Revised 11/30/2015 Harper Brothers Construction is not located in Pearland , TX. CITY OF PEARLAND LOCAL BIDDER PREFERENCE CLAIM' FORM Sections 271.905 and 271.9051 of the Texas Local Government Code authorize a municipality to consider a vendor's location in the determination of a bid award if the lowest bid received is from a business outside the tunicipality and contracting -with a local bidder would provide the best combination of price and other economic benefits to the municipality. The City of Pearland has determined that the allowable preference shall be applied to local vendor's bids for the purposes of evaluation when requested in writing by local bidder and when determined to be in the best interest of the City to do so. This request form and any supporting documentation must be submitted with bid in order to be considered by the City of Pearland. Questions should be addressed to the Purchasing Department at 281-652-1668. Exclusions to the local preference include expenditures of $3,000 or less, and those purchases which are: sole -source, emergency, federally -funded, cooperative contracts, or via interlocal agreement. The local preference status will expire one year from the date of this form; for any subsequent requests for preference during this period, the applicant need only complete and submit section 3 of this form. The City Council requires the following information for consideration of a local bidder preference (information may be submitted in an attachment to this form): 1. Locational Eligibility: Principal place of business in Pearland, Texas? Principal place of business is defined herein as any business which owns or leases a commercial building within the City limits and uses the building for actual business operations. a, If yes, identify name of business/DI3A, address, and business structure: sole proprietorship, partnership, corporation, or either. b. Name and city of residence of owner(s)/partners/corporate officers; as applicable. 2. General Business Information: a. Year business established (Pearland location). b. Most recent year property valuation (if owned); real and personal property. c. Annual taxable sales (originating in Pearland). d. Is business current on all property and sales takes at the time of this application? e. Total number of cun-ent employees and number of Pearland-resident employees. 3. Economic Development benefits resulting from award of this contract: a. Number of additional jobs created or retained for Pearland resident -employees? b. Amount of additional City of Pearland ad valorem and/or sales taxes anticipated? Please explain how the amount has been determined. c. Local subcontractors utilized, if applicable: name, location and contract_ value for each. d. Other economic, development benefit deemed pertinent by applicant. Certification of information: The undersigned does hereby affirm that the information sLIppRcd is true and correct as of the date hereof, under penalty- of perjury. City Bid No./Quote for which the local preference is requested: (Name of Bidder) (Date) (Signature) (Print) THE STATE OF TEXAS § COUNTY OF Appeared before me the above -named , known to me to be the Sante, and sword that the information provided in response to theforegoing questions are true and correct to the best of his/her knowledge and belief, this clay of , 20 NOTARY PUBLIC, STATE OF TEXAS Printed Name: Commission Expires: NON -COLLUSION STATEMENT "The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other bidder, and that the contents of thisbid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid'," Vendor . harper Brothers Construciton LLC Address 654 N Sam Houston Pkwy E Suite 330 Houston TX 77060 Phone Number 713-893-4593 Fax Number 713-893-0048 Email Address bids har erbro.co Bidder (signatu Position with Company President Signature of Company Official Authorizing This Bid Company Official (Printed Name Official Position President Joe Harper c.„ 090LL XI uoisn0H 0EE-a13±lS 3 AM d uoisnoH Wes N 17s9 :SsuuPPV all uolionJisuo3 Saay;oJ9 JadJeH .eN Auodwoa 'aJleuuolisanb siyi of uolieueldxa yoeiie aseald'L wail of „ou„ pannAsue Jo tt-g Jo 9-t swail oisaA paJarnsue noA jl LAlgua jeivawwanoe Jayloue Aq 3ulpaaooJd Jellwls e peg Jo paJJegslp uaaq Auedwoo pau;jlsJapun 041 seH °2 G slesodo.id Ja splq jo uoisslwgns jo ino Ouispe po!Jod JeaA (ot) uai a ugnim s8ln1eis is 'Mille ieJapaj Jo elOs jo pa;olnuoo uaaq /ueduioa pauitl5Japun ayi seH Ott LJoioeJ}uoo ledpolunw e se Ai111gisuodsaJ;aaj je vplw yoiyM Alsauoq ssaulsnq jo AiljSaiul ssaulsnq jo spri e ;jul;0blpul asuajjo Jayao Aue Jo Ai.iadoJd UO2 9uinlnoaJ'spJoaaJ jo uoliowlsep Jo uolieoglslej'AJeg1Jq'ljili ';uaweizzagwo jo poped JceA (ot) uo; a uly;1M anima leulwp a jo pop i uoo uaaq Auedwoo you JisJapun ayi seH ypoiJed JeaA (at) ua; a urn 1aeJ;uoogns Jo mil uoo a Lions jo aouewJojJad ayi u(JO 'peJ;uoogns Jope.quoo aienpd Jo olignd a uleigo calluudwelle Jo i7uiuleigo oi;uaplaul ue se asuejja leuntwo a anal pau9isJapun ayi sooa •6 ypoped Lwow (9E) xis A;J194 a wow speipoo aloes Jo oM; ul suoIieloln/liajes jo pJDoaJ a BAN Auedwoo pauSisiopun ayi saoa `8 pasodojd ay; aiaiduioo of osliJedxo pue !auuosjad' uawdinba en bat dwoo peu;jlsaapun ay; saon 'L epo;Jad yiuow (9E) xis AiJly; e (JI4 M Jwoo aJow Jo omi uo.AJoloejsliesun pawjojjad Jo Wiojnad of pa11ej Auedwoo paals.apun ayi seH •9 Looped q;uow (9E) xis him a u!yi!M cuolssluigns plq aJow ao oMi ul suolssjwo Jo sJOJJa 2ulpplq pet Auedwoo pauglsJapun ayi seH 's Lpiq e sunliwgns Jaije asnea legal inoLi4IM wjoJJad o; pasnj0J.JO 1aeJ;uou a pauopuege Auedwoo pau9lsJapun ayi seH 'b yspwiuoo Jag;o uo s;lwl) awl; Jo suolieoyloads pm pow of pain ,Auedwoo pau2lsiapun ay; seH 'E zAuedwoo pau9lsJapun ayj PPv1 eouew.0JJad ioCJWoo of anliel0J uolleHlill u1 panionul uaaq ltiliva leivauJUJano9 Jana Jo pueIJead jo Ailj ay; seH •Z LAuedwoa pedisJapun WOJj (s)Japmo a`t1Uel.p pals o uO7 jia ill1s0J a se S4SOO p0JJnoul A;liva le;Ua1UUJeADO Ja1110 JO pueIJead ja ay; seH 'Z aJ(euuO! .san3 Aop Imp X rx 71 oN saA PEARLAND INDEPENDENCE PARK HARPER BROTHERS CONSTRUCTION 13-Jul-17 07.36 Activity ID Activity Name PEARLAND INDEPENDENCE PARK GENERAL 30 MOBILZATION 290 SUBMITTALS & APPROVAL 20 SWPPP 40 SUBSTANTIAL COMPLETION 120 CLEAN AND FINAL 160 FINAL COMPLETION SITE PREP & EARTHWORK 50 TREE PROTECTION FENCING (PLACEMENT AND R Original 60 CLEARING AND GRUBBING 70 REMOVE EXISTING HMAC PAVEMENT :maining Schedule Start Finish Total Float 330 330 0% i 14-Aug-17105-Dec-18 0 330 330 0%' 14-Aug-17 05-Dec-18 • 0 00 t 0% 14-Aug-17 0 30 30 0% 114-Aug-17 27-Sep-17 67 15-Aug-17 128-Aug-17 0 0% 07-Nov-18 0 0% 08-Nov-18 05-Dec-18 0 05-Dec-18 0 122 122 0% 29-Aug-17 a 05-Mar-18 109 101 10 0% 29-Aug-17 12-Sep-17 0 151 15 0% 14-Sep-17 05-0ct-17— 0 3 3 0% ; 07-Oct-17 .10-Oct-17 161 A l S 2 2 0 1 '1 2 .0 0 O 1 N I DI J 1 F 1 M 210 2 2 0 1 2 0 2 3 0 1 2 2 0 2 April 20181-May 2018 June 2018 212 2 2 2 July 2018 A I 0 2 2 0 0 2 0 0 S 0 N ID 1 2 3 0 2 2 0 1 2 3 90 REMOVE AND DISPOSE FENCE (ALL FENCE MATERI 1 0% 07-Oct-17 i 07-Oct-17 0 100 EXCAVATION OF MATERIAL FROM EXISTING POND / 110 - PLACEMENT OF EMBANKMENT MATERIAL EXCAVAT 90, 90 90 _ 90 0% 1 09-Oct-17 ; 23-Feb-18 0 0% 109-Oct-17 i 23-Feb-18 49 80 REMOVE AND DISPOSE PIPE (ALL SIZES AND PIPE 31 3 0%T 11-Oct-17 114-Oct-17 i 161 660 EXCAVATION AND PLACEMENT OF STABILIZED FILL TUNNEL 1 [ 1 0%1 05-Mar-18 05-Mar-18 109 51 51 0% 12-Dec-17 i28-Feb-18 121 130 20' x 10'ARCH CULVERT (INCLUDING BACKFILL, WIN( 10 ° 10 0% 12-Dec-17 27-Dec-17 1 48 140 150 CUSTOM METAL RAILING ON TUNNEL AND WINGWAI CUSTOM METAL TUNNEL GATES PAVING 210 118" REINFORCED CONCRETE PIPE (CL III) 220 30" REINFORCED CONCRETE PIPE (CL III) 240 20' CONCRETE WALK THROUGH TUNNEL 190 , INTERIOR PARK ROAD 200 PARKING LOT W/RECYLCED BASE 2 2 0% 26 Feb 18 27-Feb-18 121 1 i 1 0% 1 28-Feb-18 i 28-Feb-18 121 151 151 0% 16-0ct-17 28-May-18 49 2 j 2 0% 1 16-Oct-17 17-Oct-17 ' 161 11 11 0% 117-Oct-17 119-Oct-17 161 10, 10 5t 5 0% 26-Oct-17 j 01-Nov-17 1 48 0% 26-Feb-18 109-Mar-18 49 0% 12-Mar-18 ,16-Mar-18 49 230 SIDEWALK ALONG BUS DROPOFF (ASPHALT) 1 250 15' CONCRETE PEDESTRIAN PROMENADE 3 1---mm260 -- 10' CONCRETE WALKS — 24 1 0% 1 19-Mar-18 19-Mar-18 3 0% 1 20-Mar-18 ! 22-Mar-18 24 0% 23-Mar-18 25-Apr-18 49 49 49 270 10' CONCRETE WALKS W/ TEXTURED EDGE 280 CONCRETE PLAZAS - 170 r MAIN ENTRY DRIVEWAY 6 7 3 6 0% 26-Apr-18 ; 03-May-18 ' 49 0% 04-May-18 114-May-18 49 0% 15-May-18 , 17-May-18 49 180 'PEARLAND PARKWAY LEFT -TURN LANE TRAFFIC SIGNS & PVMT MARKINGS _ - 300 PAVEMENT THERMOPLASTIC STRIPING AND SIGN SANITARY SWER 25 360 18" PVC (C-900) SANITARY SEWER LINE ( 121 380- .__ 'CASED BORE 16" SANITARY SEWER CASING UNDEF 3 0% 18-May-18 128-May-18 1 49 0%; 287May-18 04-Jun-18 113 5 0% 128-May-18 j 04-Jun-18 113 350 SANITARY SEWER MANHOLE (4' DIAMETER) 1 4 370 , SANITARY SEWER SERVICE CONNECTION TO POOL 330 ABANDON EXISTING LIFT STATION 25 0% 119-Oct-17 f 22-Nov-17 161 12 0% 119-Oct-17 106-Nov-17 161 3 0%, 06-Nov-17 08-Nov-17 161 0% 09-Nov-17 13-Nov-17 , 161 0% 14-Nov-17 0%'' 14-Nov-17 114-Nov-17 ' 161 16-Nov-17 161 320 ABANDON EXISTING SANITARY SEWER MANHOLE 340 , ABANDON AND GROUT FILL 6" SANITARY SEWER WATER LINE 400 2" SDR 9 CTS POLYETHYLENE TUBING FOR WATERL 1 3 2 3 5 2 0% 116-Nov-17 18-Nov-17 161 0% 118-Nov-17 22-Nov-17 161 420 2" BLOW OFF VALVE ! 1 3 5 3 0%122-Nov-17 01-Dec-17 i 161 0% 22-Nov-17 29-Nov-17 I 161 0% 29-Nov-17 30-Nov-17 161 MOBILZATION; SUBMITTALS & APPROVAL ICI SWPPP • SUBSTA 4 05-Mar-18, SITE PREP & EARTHWORK. •�1 TREE PROTECTION FENCING (PLACEMENT AND R 1 1 CLEARING AND GRUBBING ❑ REMOVE EXISTING HMAC PAVEMENT t REMOVE AND DISPOSE FENCE (ALL FENCE MATERIALS); knesocesca, �MIV• - _�� n a*�1 EXCAVATION OF MATERIAL FROM EXISTING POND,AND DELIVERED TO'PROJECT SITE - I PLACEMENT OF EMBANKMENT MATERIAL EXCAVATED FROM POND ❑ REMOVE AND:DISPOSE PIPE (ALL SIZES ANb PIPE MATERIALS) I EXCAVATION AND PLACEMENT OF STABILIZED FILL (4' DEEP) FOR RESTROOM: j 28- Feb -1$, TUNNEL p i ,20' x 10'ARCH CULVERT (INCLUDING BACKFILL, WINGWALLS,AND FOOTINGS COMPLETE IN PLACE) 0: CUSTOM'METAL RAILING ON TUNNEL AND WINGWALLS CUSTOM: METAL TUNNEL GA11ES y'28-May-18y PAVING 18" REINFORCED CONCRETE PIPE (CL III) p 30" REINFORCED CONCRETE PIPE (CL III) Cj 20' CONCRETE WALK THROUGH TUNNEL 11 INTERIOR PARK ROAD ❑ PARKING LOT W/RECYLCED BASE SIDEWALK ALONG BUS DROPOFF (ASPHALT) 15' CONCRETE PEDESTRIAN PROMENADE 110' CONCRETE WALKS p 10' CONCRETE WALKS W/ TEXTURED EDGE p CONCRETE PLAZAS ❑ MAIN ENTRY DRIVEWAY I� PEARLAND PARKWAY LEFT -TURN LANE 'Ow 04-Jun-18, TRAFFIC SIGNS & PVMT MARKINGS p PAVEMENT THERMOPLASTIC STRIPING AND SIGN I • 22-Nov-17 SANITARY EWER 1 8" PVG (C-900) SANITARY SEWER LINE 0 CASED BORE 16" SANITARY SEWER CASING UNDER PEARLAND PkWY ❑ SANITARY SEWER MANHOLE (4' DIAMETER) L SANITARY SEWER SERVICE CONNECTION tO POOL GRINDER PUMP 0 ABANDON EXISTING LIFT STATION 0 ABANDON EXISTING SANITARY $EWER MANHOLE ❑ ABANDON AND GROUT FILL 6" SANITARY SEWER rir 01-Dec-17, WATER I1JNE pr 2" SDR 9 CTS POLYETHYLENE TUBING FOR WATERLINE 0 2" BLOW.OFF VALVE 1+�1 Actual Work • • Milestone i Remaining Work Summary I _- -1 Critical Remaining Work Page 1 of 2 BID SCHEDULE JULY 2017 © Oracle Corporation 0 .0 0 0 PEARLAND INDEPENDENCE PARK HARPER BROTHERS CONSTRUCTION 13-Jul-17 07:36 Activity ID Activity Name Original :maining Schedule Start Finish Total F161 A l S 0 N l D J I F M April 20181 May 20181June 2018 July 2018J A [ S J 0 l N [D 1 2 2 0 1 1 2 0 0 1 2� 0 1 1 0 M0ETER� 2 1 j 1 12D k1ACK 1 2 2 0 1 2 2 0 1 1 2 0 0 1 2 2 0 1 1 2 0 0 1 2 3 0 1 2 2 0 1 1 2 1 410 2" WATER METER WITH BACK FLOW DEVICE 1 1 0% 30-Nov-17 01-Dec-17 T 2' VJATE}'t y�, ji VICE FL dW cE ELECTRICAL 570 183 183. 25' 25 0% 0%, 26-Feb-18 07-Nov-18 0 UNDERGROUND CONDUIT SYSTEM rip TYPE TTUNNEL LIGHT 07-Nov 1 SYSTEM SYSTEM MAST SYSTEM AREA LIGHT PR1 PARKING AREA LIGHT RETROFIT TYPE P2 PARKING AREA LIGHT UNDERGROUND CONDUIT SYSTEM 26-Feb-18 30-Mar-18 0 1-; .-•...+•- J 520 TYPE TTUNNEL LIGHT 3 3 0% 02-Apr-18 ; 04-Apr-18 0 460 TYPE HM12 HIGH MAST SYSTEM 10 10 0% 05-Apr-18 ! 18-Apr-18 0 1--„ -.j TYPE HM12 HIGH MAST 470 1 480 TYPE H6W HIGH MAST SYSTEM 10, 10 10 ___ -- 0% 19-Apr-18 02-May-18 16-May-18 ' 0 - 0 1- 1 TYPE HQW HIGH MAST TYPE H3N HIGH MAST SYSTEM 10 0%03-May-18 F....»- 1 TYPE H3N HIGH 490 TYPE P1 PARKING AREA LIGHT 10 10 0%J17-May-18 30-May-18 0 r" ' 1: TYPE P1:PARKING 500 TYPE PR1 PARKING AREA LIGHT RETROFIT 10 10 0%131-May-18 13-Jun-18 {; 0 f i TYPE 510 TYPE P2 PARKING AREA LIGHT 10 - 10 10 0%.14-Jun-18 0% ! 27-Jun-18 0 t 7 530 TYPE SLSIGN LIGHT 10 28-Jun-18 11-Jul-18 0 l . 1 TYPE SLSIGN 4IGHT 540 NODE SYSTEM FOR HIGH MAST L_.. 10 10 0%, 12-Jul-18 25-Jul-18 ! 0 t•---1 IJODE SYSTEM FOR HIGH MAST 550 NODE SYSTEM FOR ROADWAY AND PARKING 10 20 10 20 0% 26-1u1 18 08-Aug-18 0% 09-Aug-18 05-Sep-18 0 0 f� NODE SYSTEM FOR ROADWAY AND P/ I - 580 * ABOVE GROUND CONDUIT SYSTEM 1==gin -1 ABOVE GROUND CONDUITS' p ELEQTRICAL SWITCH RACI 450 ELECTRICAL SWITCH RACK W/INSTALLED COMPON 5 5 0% 06-Sep-18 12-Sep-18 0 590 ALL POWER AND GROUND WIRING IN PLACE WITH 560 _ LIGHTING CONTROLSYSTEM SOFTWARE AND FIE -- 10'. 10 0% 13-Sep-18 26-Sep-18 0% 27-Sep-18 10-DCt-18 0 0 anal ALL POWER AND GRO 10 10 I�+-*1 LIGHTING CONTR 1 440 CENTERPOINT ENERGY ELECTRICAL SERVICE 20 20 0%' 11-Oct-18 07-Nov-18 0 1-- .£.;®1 CENTEF CMU ENCLOSURES UTILITY ENCLOSURES UTILITY ENCLOSURES CMU ENCLOSURES . 10 101 0% 28-May-18 111-Jun-18 49 P, 11-Jun-18, Q NORTH; p SOUTH -620 NORTH UTILITY ENCLOSURES 5 5 0% 28-May-18 04-Jun-18 49 630 SOUTH UTILITY ENCLOSURES 5i 5 0%, 04-Jun-18 11-Jun-18 49 AMENITIES 167 167 0% 26-Feb-18 16-Oct-18 16 TRENCHING AND CONNECTING RESTROOM 16-Oct-18, AMEI` UTILITIES r 670 TRENCHING AND CONNECTING RESTROOM UTILITIE 5' 5 0%!26-Feb-18 02-Mar-18 109 840 IRRIGATION SYSTEM W/ PUMP STATION 10 10 5 1 0%' 12-Jul-18 25-Jul-18 16 f 1 IRRIGATION SYSTEM VI/% PUMP STATION 4 ENTRY MONUMENT SIGN 1 2" WATER METER 690 ENTRY MONUMENT SIGN 850 2" WATER METER 5 1 0% i 26-Jul-18 .01-Aug-18 0% 26-Jul-18 i 26-Jul-18 16 ' 22 860 INSTALLATION OF EQUIPMENT PURCHASED BY CITY 40 40 0% 26-Jul-18 19Sep-18 1 35 1 - 1 INSTALLATION OF EQUIF , ;0 25'X 5'ALUMINUM FLAGPOLE ❑ PLANTING BEDS ❑ BASHAM'S CREPE MYRTLE - 2.5" C/ ❑ MEXICAN SYCAMORE - 3.5" CAfJf ❑ WHITE OAK - 3.5" CALIPER ❑ MEXICAN OAK - 3.5" CALIPE 0 RECj OAK - 3.5!' CALIPER ❑ LIVE OAK - 3.5" CALIPEJ ❑ LACEBARK ELM - 3.5" p LANDSCAPE BOULD p PRIDE QF HOUSTO 0 TEXAS REDBUD:- p MULCH BEDS AT p HYDROMULCHI:Na p HYbROMULCHIf 680 800 25' X 5'ALUMINUM FLAGPOLE 2 5 2 5 0% 0% I 02-Aug-18 03-Aug-18 10-Aug-18 i 16 16 PLANTING BEDS 06-Aug-18 I I 730 BASHAM'S CREPE MYRTLE - 2.5" CALIPER 5 5 0%1 13-Aug-18 17-Aug-18 16 740 4 ! 750 MEXICAN SYCAMORE - 3.5" CALIPER 5 5 5 5 0% 20-Aug-18 1 24-Aug-18 0%.27-Aug-18 31-Aug-18 16 WHITE OAK - 3.5" CALIPER ; 16 760 MEXICAN OAK - 3.5" CALIPER 5 5 0% 03-Sep-18 ' 07-Sep-18 16 770 RED OAK - 3.5" CALIPER 780 LIVE OAK - 3.5" CALIPER 5 5 5 5 0%i 10-Sep-18 14-Sep-18 16 0% 17-Sep-18 ; 21-Sep-18 16 790 LACEBARK ELM - 3.5" CALIPER 5 5 0%. 24-Sep-18 ' 28-Sep-18 ; 16 810 LANDSCAPE BOULDERS 2 11111116 0%, 01-Oct-18 , 02-Oct-18 i 16 720 PRIDE OF HOUSTON YAUPON - 2.5" CALIPER 2 2 0% 03-Oct-18 ; 04-Oct-18 ' 16 710 TEXAS REDBUD - 2.5" CALIPER ME 2 2 0% 05-Oct-18 1 08-Oct-18 16 700 MULCH BEDS AT ENTRY MONUMENT SIGN AND FLA( 2 0%; 09-Oct-18 , 10-Oct-18 16 j 820 HYDROMULCHING - PARK 2 2 0%, 11-Oct-18 12-Oct-18 16 830 HYDROMULCHING - POND EXCAVATION AREA 2 2 0%, 15-Oct-18 16-Oct-18 ( 16 ♦ • Milestone Page 2 of 2 BID SCHEDULE JULY 2017 © Oracle Corporation 1 Actual Work L 1 Remaining Work /..1 Summary Work 1 Critical Remaining CITY OF PEARLAND PROPOSAL Section 00300 SAFETY QUESTIONAIRE PART D List your Firm's Worker's Compensation Insurance Experience Modification Rate for the three most recent years as evidenced in Workmen's Compensation Insurance premiums. If your company is not Interstate rated, provide your intrastate EivIR. 2014: 2015: .85 2015: -2016: .83 2016: 2017: .70 The above-nrientioned information sliould be confirmed by a letter from ye-Lir Worker Compensation Insurance Carrier. 2. Are accident reports (OSHA 300) and report summaries sent to the following? And if so, 'how often? • Field Superintendent: 2x year • Vice President — Operations: • President of Firm: 2x year 2x y a 3. How are accident records and summaries kept? How often are they reported? In house and by safety consultant. Accidents are reported the day they happen • Accidents totaled for entire Company: • Accidents totaled for Project: • Accidents Totaled by Superintendent and/or' Foreman: 4. Existing Safety and Orientation Programs: Summarize and submit the Offeror finn's safety program execution plan (I page). Outline the training requirements and frequency, meeting types and frequency, and personnel responsible for executing the plan on site as a minimum. Offeroesinitials:%I 00300 - Part, D of Harper Brothers Construction LLC Houston, Texas Site Specific Safety Plan For City of Houston 60 Inch Water Line along Monroe from Airport to Glen Valley HBC Project 1602 Last revision: January 1, 2015 ForeWord and Notice This Standard Site Safety Plan (Plan) is intended for use by Harper .Brothers •Construction LLC, its subcontractors, and at/ other personnel under the direction of Harper Brothers Construction LLC for the execution of the Contracted Work. This Plan is intended for use as a general guidance document only,. and IS not intended to replace or otherwise minimize the use of standard industrial practice, Project Owner requirements, or common sense. This Plan may include certain provisions that do not necessarily apply to the Site or portions of the Contracted Work being executed, in which event these provisions shall not apply: If during the execution of any Contracted Work, circumstances arise that raise questions regarding health and safety, the person or persons raising these questions should seek clarification from the management of Harper Brothers Construction LLC prior to continuing with the Werk, This Plan should be updated Or otherwise revised as necessary, and distributed to all personnel involved with the Contracted Work This Plan should be kept intact at all times. Site -specific information, such as the location of the Site, emergency contact numbers, chemicals of concern, specific procedures, and other considerations should be documented in the Appendix and distributed to all personnel involved With the. Work, as appropriate. This Plan is hereby approved for- implementation. Jon .Harper Division Safety Manager- Houston Division Harper Brothers Construction LLC Corey Garnett Project Manager Harper Brothers Construction LLC: 1.0 INTRODUCTION AND OVERVIEW 1.1 Purpose The purpose of this Standard Site Safety Plan (SSSP) is to provide guidance to employees for each project that the Company will execute, whether as a prime contractor to the Project Owner or as a subcontractor. It applies to ALL projects, both large and small, both simple and complex. SAFETY /S ALWAYS OUR NUMBER ONE CONCERN. SAFETY IS MORE IMPORTANT THAN SCHEDULES, BUDGETS, AND OTHER MATTERS, This SSSP provides general guidance, but should not be viewed as limiting or fully applicable to all job requirements. Contracts for work will ultimately specify health and safety requirements. If the employee has any doubt concerning the health and safety requirements of a project, he or she is instructed to have these matters clarified before performing his or her assignment. 1.2 Policy The safety of our Employees and those of our Subcontractors, Clients, and the General Public are important to Harper Brothers Construction. Scope of work, budgets, and schedules are always secondary to health and safety concerns. It is Harper Brothers. Construction's policy to: • Maintain a drug -free and alcohol -free work environment, including job sites • Comply with OSHA 1926 and other health and safety regulations • Comply with Company and Project Owner health and safety requirements 1.3 General Requirements Our field staffs response to Process Safety Management (PSM) and Health and Safety (H&S) training requirements are dependent upon the Project Owner, site location, type of facility, nature of the work, and other factors. 1.4 Health and Safety History Harper Brothers Construction's health and safety history has been reviewed and approved by many governmental agencies like Metropolitan Transit Authority, City of Dallas, City of Houston and others. As such, we believe that we have shown the ability to execute field assignments in a safe manner consistent with all pertinent requirements of our Clients. Furthermore, the Texas Workers' Compensation Insurance Fund has assessed our Health and Safety Program and found that it meets industry standards and has no shortcomings. 1.5 Health and Safety Responsibilities Health and safety responsibilities vary widely according to the project and our role in conducting the work (e.g., prime contractor to an owner company or subcontractor to another engineering / construction company). In general, all work will be conducted according to the following requirements, at a minimum: Federal, state, and local health and safety rules and regulations (e.g., OSHA 1926, MSDS Sheets, Department of Transportation labeling requirements, etc.) Other governmental rules and regulations (e.g., vehicle or traffic laws) Prime contractor's Site Health and Safety Plan for the project Owner company's Plant Health and Safety Program requirements Common sense co-\ if Harper Brothers Construction is a subcontractor to another service company, then our employees will be required to follow the Site Health and Safety Plan provided by our Client and/or the owner company. Contracts for such work specify that this is the primary responsibility of our Client. Nevertheless, our employees should always apply common sense to work, rather than to assume that someone else is looking out for their safety. SAFETY IS EVERYONE'S RESPONSIBILITY. If our Client has not provided a copy of the Site Health and Safety Plan, ask for It before beginning fieldwork. Make sure that you understand all the requireMents_ 1.6 Safety Meetings Safety meetings are critical to performing safe fieldwork. Training and communication with field staff and subcontractors revolves around several specific areas: Kick-off meeting with the, Project Owner to discuss the scope of work, site location, type of facility, nature of the work, and specific safety issues as they relate to the overall project. Internal office kick-off meeting with the project manager and the field crews to discuss project requirements and identify potential health and safety issues. Topics discussed include: use of field equipment; potential hazards at the site due to site conditions or chemical contaminants; Potential for fire, explosions, or releases at the facility; emergency action plans; and documentation of training as required by the Project Owner. Initial iob site health. and safety meeting before beginning any „field work, to review the Project Owner's corporate health and safety policies, project -specific requirements, -current Project Owner activities, at the site that may influence field tasks and consequent health and safety, and other isSues. Weekly health and safety meetings at the facility to reinforce project requirements, address any new issues or circumstances that may have arisen during the work, and to maintain a high level of awareness of health and safety. Documentation, according te Project Owner requirements, pf health and safety training, reportable incidents, and other information. 1.7 Accident Prevention It is the desire of The Company to instill in itS'empleyees the fellowing principles: Accident prevention should not be left to chance. Accident prevention applies tO,ALL projects, both large and small, and both simple and coMplex. Health and safety deficiencies should be brought to the attention of the Company and Corrected immediately: Full Cooperation of accidentprevention is required of all employees and subcontractors, A good safety record is important to the Company, and to the employe4, 1.8 Job Hazard Analysis A job hazard analysis will consist of the foiloWinw Developing a checklist by looking at all conditions under which the job is performed. Breaking down the job into its various components. Identifying potential and known hazards. Determining corrective actions for hazards. • informing employees and subcontractors. • Learning from past mistakes. 1.9 Inspections Informal inspections will be made to maintain a safe work environment and control unsafe actions by employees or other parties. They will be used to compare current work practices with Project Owner or other requirements, emphasize safety, note unsafe practices or actions, improve safety procedures, etc. 1.10 Accident Investigation All accidents that result in injury, death, or damage to property will he investigated by the Company. This includes "near misses." As appropriate, these accidents will be reported to the authorities, insurance carriers, our Clients, our subcontractors, or other parties, as appropriate. The purpose of the investigation will be to determine the cause of the accident, take appropriate follow-up action, and learn from mistakes. Accidents and accident prevention will be shared, either formally or informally, with employees. 1.11 Documentation and Forms The following documentation is presented in this SSSP: Appendix A -- Health and Safety Forms Appendix B — Chemical Hazard Information Appendix C — Miscellaneous Information Appendix D - Site -Specific Information 1,12 Employee Training and Health Monitoring As applicable for the execution of certain fieldwork, employees are required to have the OSHA 1926. training, first aid and CPR training, area safety council training (if required by specific Clients) and pre -employment, post accident and random drug screens. The Company will accept training conducted by previous employers, provided that acceptable individuals or companies engaged in such training conducted them in accordance with regulatory requirements. Employees should notify the Company before any certification expires, so that any follow-up training can be scheduled. 1.13 Implementation of the Standard Site Safety Plan This Standard Site Safety Plan (SSSP) presents the health and safety procedures associated with the Contracted Work to be completed, unless noted otherwise. The Harper Brothers Construction Project Manager (PM), Site Supervisor (SS), will implement the SSSP or Site Safety Officer (SSO), as applicable, and as may be the case for a specific project. Although any of these individuals may serve as the responsible person on the project, the general designation of Site Safety Officer (SSO) is used in this SSSP. Compliance with this plan is required of all Harper Brothers Construction personnel, subcontractors, and associated third parties at the Site. All field personnel, subcontractors, and visitors will review the SSSP prior to Site work and will sign an acknowledgment form indicating that they have reviewed the plan. Only those requirements that are applicable to a specific Site or project constitute requirements for action; the remaining topics discussed in this SSSP are for informational purposes only. 2.0 SITE HAZARDS Potential Site hazards and safety control measures for chemical, physical, and biolegiCal hazards are reviewed in this section of the SSSP, Not all hazards may apply to the specific Site or project. 2.1 Chemical Hazards Contaminants of Condom The primary contaminants of concern found in the soils, sludges,, vapors, and groundwater that are being sampled can contain a variety of cherhicals. Some chemicals pose hazards via skin contact, while .others pose hazards from inhalation, Additionally, fugitive chemicals from nearby sources (e.g., vents, process units, excavations, impoundments, etc.) may pose a hazard during the conduct of work. Specific chemicals anticipated during the conduct of the work are summarized in Appendix D. A summary of the health effects of some Of the more common chemicals typically found at contaminated, sites is presented in Appendix B as refeeence. 2.2 Physical Hazards It is the responsibility of the individual employee to be aware of and cognizant of all nearby physical activities during the execution of the work. Do not assume that "someone else" will protect you. The primary physical hazards that could be encountered during Site work are indicated beiow with descriptive information on safety control measures to be Used. Fire Protection and Hot Work: Gasoline and diesel fuel may be Used for vehicleS, heavy equipment, and machinery operation. Hot work May be required during Site work, Underground/Overhead Utilities: Underground/aboveground Utility lines may be present at the Site. Subsurface Work Will require utility clearance procedures. The presence of overhead utilities will be surveyed before bringing equipment with high extensions (e.g., drilling rigs, dump trucks) into a work area. Heavy Equipment Operation: Heavy equipment may be used for excavation work and to backfill excavated areas. Equipment will be inspected daily and documented. Ground personnel will position themselves to be out of the swing radius of Operating heavy equipment No personnel will be allowed to walk underneath loaded buckets. Ground personnel will wear safety vests and be required to maintain visual contact with equipment operators. Hand signals will be established, Excavation Safety: Excavation operations may occur. Operations involving personnel entry into trenches will require protective systems for excavation operations (sloping, benching, and/or shoring) and compliance with the OSHA 'Excayatior`etandard. Vehicle andEquipment Traffic: Concurrent heavy equipment, dump truck„and presence of ground personnel may occur during Site work. Traffic patterns will be established et the Site for truck traffic as needed. Personnel will wear safety vests when working near _traffic areas. Spotters will be used if needed for backing of vehicles into tight work areas. Material Handling: Material handling involving lifting and carrying may be required. during Site work. Personnel will review proper lifting technique's during safety meetings. Tools, Machinery, and .Equipment Use: Hand and power tools such as drills, saws, wrenches, etc. may be used. Toots will be used according to design. Power tools requiring electrical cords will use ground fault circuit interrupters (GFCIs). Electrical EquIpipent and Lock-Out/Tag-Out: Electrical power on Site may be provided by direct utility connection or gasoline powered generators, GFCIs will be used and electrical extension cords inspected, should portable electrical equipment be needed. Lock-Outfrag-Out of electrical equipment for maintenance and servicing will be completed as needed. Noise Exposure: Noise exposure above 85 dBA is expected when working near or operating machinery and equipment. Earplugs shall be used for protection. Heat Stress: Heat stress conditions may be present should elevated ambient temperatures, moderate to heavy workloads, and use of impermeable protective clothing occur. Provisions will be made to establish break areas, provide fluids, adjust work -rest schedules, and to complete physiologic monitoring for heat stress as needed. Cold Stress: Ambient temperatures below 45 F may occur at times during Site work (fall/winter/spring). Workers will wear insulated clothing when working in cold environments. Personnel will be informed an cold stress hazards and protection measures, Ladder Safety: Ladders may be used for accessing elevated work areas, as needed. Standard ladder safety procedures will be implemented. Elevated Work Locations and Fall Protection: Work from elevated locations with a fall hazard of six feet or more may be encountered during Site work. Fall protection will be used if standard guardrails are not present at elevated work locations. Compressed Gas Cylinder Safety: Compressed gas cylinders will be used, should hot work be required. Compressed gas cylinders will be moved with caps installed and stored upright and secured with rope or chain. Pressure Washer / Steam Cleaner Operation: Pressure washer/steam cleaner equipment may be used for surface cleaning and equipment decontamination. Eye and Face protection will be provided for splash protection. Vacuum Truck Operation: Vacuum truck safety procedures shall be used during Site cleanup work. Hoisting and Rigging: Hoisting and rigging may be used for moving of materials. Rigging of materials will be checked before hoisting. Slings will be inspected for damage or deterioration, Personnel will not be allowed to walk """14, under overhead loads. ) Inclement Weather: Strong winds, heavy rain, or lightning may occur during work operations. Provisions will be made to suspend operations should this occur. Miscellaneous Physical Hazards: General safety hazards may be present during all Site tasks. Use of hand tools, power tools, and materials handling/lifting of materials are primary hazards. General safety information will be Communicated during weekly safety meetings. 2.3 Fire Protection and Hot Work Procedures for fire/explosion hazards, hot work, and fire protection include: No smoking in areas where flammable/combustible materials are present. Use of equipment that uses open flames or creates Sparks (e.g., torch cutting, grinding, etc.) requires implementation of hot work procedures. Static electricity generating equipment will be bonded/grounded whenever transferring flammable or combustible liquids or when working in areas where flammable/combustible materials are present. Portable multi -purpose (ABC) fire extinguishers will be maintained on Site at all times, kept fully charged, and inspected. Fire extinguishers will be placed within 50 feet of active work areas where flammable/combustible materials are present, Where potential exposure to injurious radiant energy from torch cutting or welding operations exists, protective lenses will be used. 24 Underground/Overhead Utilities Safety precautions to avoid contact with underground or overhead utilities include: The work area will be surveyed to identify underground utilities before starting subsurface work activity. Utility clearance procedures will be implemented prior to drilling, excavation, or other subsurface work activity by contacting the local utility locating service organization within 48 hours before subsurface work. The work area will be surveyed for overhead utilities and safety measures will be'establisheci before bringing equipment with high extensions on Site, Equipment with high overhead projections will not be allowed to operate within a 10=foet radius (minimum distance) of overhead power lines, Overhead high voltage power liheS >50,000 volts require additional distance. Check,with the owner. 2.5 Heavy Equipment Operation Heavy equipment operation safety procedures include: Only experienced personnel will operate excavation equipment an Site, All equipment will have seat belts, good functipning, brakes, operating backup alarms, and horns. Equipment will be checked at the beginning of each work shift to ensure that the following systems/parts are in good working order: Service, emergency and parking brakes Tires/tracks Horn Steering rnechanisrn Coupling devices Seat belts Operating controls Fire extinguisher Safety devices BatkUp alarms Work areas will be properly marked and guarded with barriers and/or caution tape to prevent unauthorized personnel entry and to prevent personnel from falling into open holes. Workers will be cautioned to lopk carefully where they walk to avoid moving equipment and to maintain eye contact With heavy equipment operators. Workers will be required to wear safety vests when working around heavy equiPment. No personnel will be allowed within, the swing radius of heavy equipment. Concurrent operations Will be curtailed to prevent workers from being placed in dangerous proximity to moving heavy equipment. Rollover protection will be required on moving equipment presenting increased risks of rollover (e,g., rigs or vehicles on sloping surfaces). Equipment being operated in reverse will have a backup alarm, Whenever equipment is parked, the parking brake will be set, and wheels will be chocked when on inclines. Parts of machinery held aloft, such as hoe buckets or truck beds, will be. blocked or cribbed before employees are allowed to work under or between them_ Bulldozer blades, hoe buckets, truck beds and the like will be fully lowered or blocked when not in use. Measures to control dust created during work operations will be implemented and will involve application of water to dusty surfaces to minimize dust generation. 2.6 Excavation Safety Excavation activities require several precautions before excavation activity and include (as applicable): Conduct and/or review utility clearance information and determine the location of overhead and underground utilities before excavation. Contact the local utility Iodating service organization within 48 hours before excavation operations and obtain permit (as required). Delineate areas to be excavated with bright colored paint or other suitable markings. Determine exact location of substructures by hand excavation methods if underground substructures are indicated and maintain 24-inch excavation zone on exterior walls of subsurface installations, if needed. Ensure that no construction equipment or personnel come closer than ten feet from an energized overhead high voltage line. Overhead high voltage power lines >50,000 volts require additional distance. Fence, barricade, tape off or secure open trenches during non -work periods. Ensure compliance with all applicable OSHA requirement's (29 CFR Subpart P §1926.650-652) for installation of trenches and/or excavations deeper than five feet, intowhich a person is required to descend. 2.7 Vehicle and Equipment Traffic Vehicle and equipment traffic control procedures will be required due to the presence of vehicle, heavy equipment, and/or pedestrian traffic and will require the following precautions: Site personnel will wear safety vests where exposure to vehicle or equipment traffic exists. Workers will be cautioned to look carefully where they walk to avoid vehicles and moving equipment and to maintain eye contact with heavy equipment operators. Use of traffic signs, barricades, flashers, delineators, traffic cones, caution tape, and/or flagmen around work areas with vehicle or equipment traffic (as needed). The Site Safety Officer (SSO) will establish vehicle and equipment traffic patterns to be used. Traffic haul routes will be identified during weekly safety meetings and will take into account times. and locations of concern for vehicle, heavy equipment, and pedestrian traffic exposures in the Work area. Vehicle and heavy equipment traffic control patterns, other control measures, and times of operation will be communicated to facility and other affected personnel. If the level of vehicle and equipment traffic warrants, the SSO will: Establish a written traffic control plan Identify type of traffic concerns (i.e., vehicle, heavy equipment, pedestrian, etc.) Identify specific locations of traffic concerns Identify peak traffic exposure times Designate quantity and placement of traffic control equipment, including useof traffic signs, barricades, flashers, delineators, cones, caution tape, and flagmen Designate hours of work operation 2.8 Material Handling Procedures for material handling, storage, and disposal include: Material handling devices should be used for handling heavy or bulky items whenever possible over manual material handling. Whenever handling heavy or bulky items, the material handling needs should be evaluated in terms of weight, size, distance, and path of movement The following hierarchy for selection of material handling means should be used: • Elimination of material handling needs by engineering • Movement of material by mechanical device (e.g., lift truck, overhead crane, conveyor) • Movement by manual means with handling aid (e.g., dolly, cart) • Movement using safe lifting techniques Personnel must be trained in safe lifting procedures that include: • Size up the Toad first • Get help if the load is bulky, heavy, or of unwieldy length • Be sure of footing • Lift with your legs, while keeping your back straight • Keep your balance • Do not twist under strain or jerk the load • Keep the load close tc your body When two or more persons are carrying long material together, persons shall carry the material on the same shoulder and lift/lower the material in unison. Throwing materials, tools, or other objects from buildings,: structures, or vehicles is prohibited. 2.9 Tools, Machinery, and Equipment Tools, machinery, and equipment use safety procedures include: Equipment and tool inspection and maintenance is required to promote safe condition for the intended use. Inspect tools frequently far defects. Turn in all tools that are burred, broomed, mushroomed, have split or loose handles, worn or sprung jaws, or are generally unsafe. Defective or unsafe equipment shall be tagged with "Do Not Use" or "Defective Do Nat Use" tags until repaired or otherwise made acceptable. Defective er unsafe equipment must be removed to a secure place to prevent inadvertent use until repaired_ Repaired items must be re -inspected by the SSO before being placed back into service. Equipment must be used only for the purpose for which it was designed. Use tools properly (do not use a wrench for a hammer, screwdriver for a chisel, pliers for a wrench, pipe or stilson wrenches as a substitute for other wrenches, a pipe handle -extension or a "cheater" on a wrench, etc.), All modifications, extensions, replacement parts, or repairs of equipment must maintain at least the same factor of safety as the original equipment. Equipment containing liquid systems (e.g., heavy equipment, trucks, hoists, cranes, etc.) shall be inspected daily so that liquid -containing systems (e.g., hoses, tubing, hydraulic lines) are in good operating condition and that plugs, stoppers, valves, etc., are properly seated. Do not throw tools, equipment, or material up or down from one working level to another; always use a hand line to lift or lower tools. Do not leave nails or spikes protruding from planks, boards, or other timbers; always pull them out or clinch them (bend them over) into the wood. Do not attempt to operate machinery or equipment without proper training and special permission unless it is a regularly assigned duty. Do not wear loose or frayed clothing, dangling ties, necklaces, rings, etc. around moving machinery or other mechanical sources of entanglement. Do not work under vehicles supported by jacks or chain hoists, without pro ective blocking that will prevent injury if jacks or hoists fail. Do not disconnect air hoses at compressors until the air within the hose has been bled off. Do not repair/adjust machinery or oil moving parts of machinery while in operation, except on equipment that is designed or fitted with safeguards to protect the person performing the work. 2.10 Electrical Equipment and Lock-Out/Tag-Out Use of electrical equipment on Site and control of hazardous energy during servicing and maintenance of equipment where unexpected Energization or Start-up of equipment or release of stored energy could occur will require: Personnel working on Site will ensure that all electrical power tools, lighting equipment, etc., to be used have ground plugs. Personnel will use ground fault circuit interrupters (GFCI), or implement an assured equipment grounding conductor program. Energy sources for equipment will be turned off or disconnected and switches locked out and tagged out prior to servicing of equipment. Standardized locks/tags of sufficient quality/durability witbe used to indicate the identity of the individual using them. Each lock-out/tag-out device will be required to be removed by the individual who applied the device. 2.11 Noise Exposure The operation of equipment and machinery at the Site may generate excessive noise levels and Will require: Hearing protection to be used by Site personnel whenever noise exposures exceed 85 decibels on the A -weighted scale (dBA) Noise exposures in excess of 85 (dBA) will be assumed to be present whenever voices must be raised to be heard in normal conversation at three feet apart and also whenever working in the immediate areas of operating heavy equipment, generators, compressors, and similar equipment. r-4.) Personnel working in the immediate area of operating equipment will use hearing protection (e.g., foam ear plugs). 2.12 Heat Stress Heat stress precautions and prevention measures include: Personnel will be made aware that heat stress can occur during periods of elevated ambient temperatures, moderate to heavy workloads, and when impermeable protective clothing is in use. Personnel will be informed regarding the various forms of heat stress (e.g., heat cramps, heat exhaustion, heat stroke) and the symptoms of exposure that are: Heat cramps and heat exhaustion initial symptoms are cramps, faintness, dizziness or diisorjentation, and pale, clammy skin. Heat stroke is an extremely serious medical emergency with sudden onset and symptoms that include dilated pupils, dry and hot skin, loss of consciousness, and convulsions. Initial phases of work activity will be closely monitored to identify personnel who are more susceptible to heat exposure. Workers will be responsible for observing each other and themselves for development of heat stress symptoms. Personnel will be required to drink generous amounts of: electrolyte replacement fluids (e.g., Gatorade) and water, even if not thirsty, to, prevent dehydration. Adequate shelter will be provided to protect personnel from direct sun exposure. Sufficient breaks will be provided so that personnel can cool down. Work/rest regimens will be adjusted as required to avoid heat stress. 2.13 Cold Stress Cold stress can occur upon exposure to cold environments where there is heat loss to the body, feet, hands, and/or head, head. Considerations include: Personnel will be informed about the various forms of cold stress (e.g., hypothermia, frostbite) and the symptoms of exposure, Which are: Cold stress can occur upon exposure to cold environments where there is heat loss to the body, feet, hands, and/or head. Primary cold stress injuries are hypotherriaand frostbite, Cold can also adversely affect mental capabilitiesresulting in accidents or injuries. The body's initial response to cold is shivering, vasoconstriction, increased oxygen consumption, accelerated respiration and pulse, and increased heart output and blood pressure. Hypothermia occurs when the body core temperature falls below 96.8 F. Symptoms include intense uncontrollable shivering, sluggish thinking, difficulty speaking, muscular rigidity, blue puffy skin, poor coordination, cessation of shivering, dulled thinking, irrational stupor, unconsciousness, erratic heartbeat, slowed respiration, cardiac/respiratory failure, lung edema, and death. Treatment for hypothermia is to revvarm the body trunk only, immerse in warm water (105 F) or use heat packs, and in field conditions, 'provide body -to -body contact for heat transfer. Frostbite occurs due to freezing of fluid that surrounds tissues,. It occurs at less than 30 F,. and more rapidly with wind exposure.. Frostbite affects the ears, chin, nose, fingers, and toes, Frostbite first appears as blanched skin or waxy or white skin that is firm to the touch. with resilient tissue beneath. With deep frostbite, tissues are cold, pale, solid, and may turn black. Treatment for frostbite is to re -warm with warm water (105 F) (do not rub with snow or ice), and prevent refreezing of affected body parts. Cold stressprevention measures include: Recognize cold stress conditions, exposure symptoms, and have first -aid equipment available At temperatures lower than 25 F, do not permit continuous cold exposure to exposed skin Use personal protection by dressing for warmth, wind, and Wet conditions. At temperatures lower than 45 'F, wear warm clothing to include as needed: Boots; heavy socks (e.g., wool or polypropylene); mittens, insulated gloves; insulated head covers; thermal underwear; and insulated coveralls, Wear layered clothing (i.e., wear thinner, lighter clothing next to the bodywith heavier clothing laYered outside the inner clothing Stay active as activity generates heat Workers that get immersed in water or whose clothing becomes wet will be immediately provided a change of clothing and be treated for hypothermia if symptoms become evident Workers will be provided a warm break area when working in cold environments. A cold stress -monitoring program will be implemented should low• ambient temperatures (<45. F) pccur, 2.14 Ladder Safety Ladder safety procedures include: Ladders must be of sound construction and are to be inspected before use. Metal ladders are not allowed to be used near electrical equipment. Wooden .ladders are not to be. used if painted. over in such a way that cracks or defects can be hidden. Extension ladders willbe placed so that a minimum 4:1angle ratio (4 feet up: 1 foot out) is used. Extension ladders will have anti -slip footings and be secured by substantial rope or other means. Extension ladders will extend a minimum of three feet above the landing to be used. The top two rungs of a ladder will not be used. Personnel are not to be allowed to stand below occupied ladderswhere tools and objects could fall. Full body harness fall restraint systems will be used when there is a fall hazard of six feet or more. Full body harness systems will be rigged to minimize free fall distance with a maximum free fall distance of 6 feet and such that the individual will not contact any lower level. 2.15 Elevated Work Locations and Fall Protection Elevated work locations and fall protection requirements include those contained in the OSHA 29 CFR §1926:5Q0 503 standard. Fall protection procedures include: Use fall protection when exposure to fall hazards of six feet or more through use of guardrail. systems, safety nets or personal fall arrest systems. Use personal fall arrest systems, (no body belts) with locking snap hookslor personal fall arrest and positioning systems. Develop written Site -specific fall protection plans where Significant fall hazards are present. See that training provided to workers who may be exposed to fall hazards includes discussion of Nature of fall hazards in the area. Use and operation of fall protection systems (guardrails, personal fall arrest, safety nets, warning lines, safety monitoring, controlled access zones; and others to be used) Employee roles in the safety monitoring system when used Role of employees in fall protection plans Review of the OSHA fall protection standard (29 CFR §1926.50Q-503) .2.16 Cornpressed Gas Cylinder Safety Work operations involving compressed gas cylinder handling requiret Compressed gas cylinders must be protected from physical damage, electric current, and temperature extremes (storage below 130. F required), Smoking is prohibited in areas of compressed gas cylinder storage or use; Compressed gas cylinders must not be stored or- used in confined spaces or other poorly ventilated areas. Compressed gas cylinders must be stored in well -ventilated areas; segregated by type of gas; area placarded and/or with signage; empty/full cylinders separated; upright position; valve closed and valve cap installed (unless regulator in place), substantially secured by ,chain Or rope; separated from flammable or combustible materials by a 40-foot distance or 1-hour fire rated partition; and with oxygen and/or oxidizing gases separated from fuel gas cylinders by a 20-foot distance or a 1- hour fire rated partition. Ground movement of compressed gas cylinders will completed with the vahie closed, valve cap installed, by Upright cylinder rolling technique, and by a hand truck with securing chain in place for longer distance travel. Vehicle transport of compressed gas cylinders will require cylinders to be substantially secured by rope, chain with come -a -long, or equivalent. Drivers will carry shipping papers end vehicles will be placarded as required by DOT, 2.17 Pressure Washer/Steam Cleaner Operation The use of high-pressure washer/steam cleaner equipment requires Only trained and experienced personnel will operate pressure washing or steam cleaning equipment. All electrical equipment -will be shut off and locked out/tagged out before application of water in affected work areas. Pressure washer/steam leaner equipment operators will berricade/tape off around work areas as needed. Pressure washing/steam cleaning equipment operators will wear protective boots, protective clothing, hearing protection, face shields, goggles and/or safety glasses, and other appropriate PPE. Metatarsal foot guards will be used when using high-pressure water (greater than 1,200 psi). A fire extinguisher will be maintained on each pressure washer/steam cleaner unit. 2.18 Vacuum Truck Operation Vacuum truck operation safety requirements include: Only experienced personnel will operate vacuum truck equipment. Workers will maintain visual contact with vacuum truck operator during vacuum truck movement and Will look carefully Where they wall< to avoid moving equipment. Vacuum truck equipment will have seat belts, good functioning brakes, fire extinguisher,. and operating backup alarms and horns. Traffic cones and barricade tape may be used around work areas with "vehicle traffic. Grounding of the vacuum truck will be implemented during transfer of flammable or combustible liquid products to prevent discharge of static electricity sparks. A vacuum hose will be attached to the vacuum truck pump exhaust to vent exhaust downwind as needed. 2.19 Hoisting. and Rigging Hoisting and rigging safety procedures include; Hoisting and rigging activities are required to be conducted in accordance with applicable OSHA regulations. Hoisting and'rigging personnel must know the capacities and operating characteristics of equipment to be used. Auxiliary attachments to be used with hoisting and rigging equipment that affects the capacity, safe operation, or operating characteristics for the equipment must be used only per recommended instructions from the original equipment manufacturer. Only qualified personnel will be allowed to perform hoisting and rigging. (H&R) operations. Operators of all powered, self-propelled equipment used for hoisting are required to provide a Medical Examiner's Certificate in accordance with 49 CFR 391, Subpart E, stating that the operator meets the physical qualifications required. Do not move hoisting equipment (cranes, winch trucks, etc.) -unless suspended loads are secured to prevent swinging. Nopersons are allowed to ride on the ball or hook of any crane or derrick, nor on equipment, rigging, or on any loads being moved by heavy equipment.. All personnel have the authority to stop any unsafe hoisting and rigging activity observed. The operator must never leave the control station of the equipment being operated while a load is suspended, unless required to do so by an approved emergency procedure. A suspended load Must never be moved over personnel; personnel will not be allowed to stand or pass under a suspended load. The operator shall respond to standard ANSI hand signals and/or continuous voice communication from a qualified signal persen, If visual or voice contact is interrupted, the hoisting and rigging operation shall immediately ceaSe. The operator shall obey a stop signal given at any time by anyone. The operator must know the total weight of all loads, including rigging and other components, which contribute to the overall Weight being lifted, before attempting the lift any load. The operator must know the manufacturer's specified lead rating for the equipment in the particylar configuration to be used to lift or move a load, No equipment shall be loaded beyend the manufacturers specified lead rating. Load charts, rated capacities, recommended operating parameters, and the: operator while at the controls of the equipment shall postspeeial hazard warnings in a location accesSible. Barricades and flagging shall be erected when the Vying radius of rotating equipment (superstructure or counterweight) might create a hazard to personnel in the area. If the rotating equipment is 8 feet above the surrounding personnel access level, barricades or flagging are not required. Tag lines are required on all loads to rninirflie shifting or swaying while being hoisted or lowered unless use of a tag line creates an additional safety hazard (i.e., potential for entanglement, contact with energized lines, etc.). As many tag lines as are necessary are to be used to control the load. Personnel shall keep out from under loads, and keep clear of Moving loads. Load lines shall be carefully inspected each time they are rigged and each time they are taken down. Slings shall be protected from a load's sharp edges and corners, and shall not be jerked when moving a load (jerking may triple the load on a sling)._ Cable slings must be inspected regularly, destroVed if defective, and hting up when not in use. Follow specific hoisting requirements for crane suspended personnel platform use, The operater shall not bypass,-oyerride, or disable any equipment safety feature The -operator is responsible for ensuring that daily (pre -use or pre -operation), monthly, and annual inspections are current before using any hoisting and rigging equipment, If hoisting and rigging equipment is damaged while in use or beeornes defective, the equipment shall be immediately tagged with a "Defective Do Not Use" tag, removed from sehrice, and reported -te the SSC/. Defective or damaged: rope or cable shelf be cut immediately to prevent further use. The operator of hoisting and rigging equipment must provide to the SSO the following records Equipment manufacturer operating, Maintenance, and inspection instructions Equipment load tests in accordance with applicable OSHA and ANSI standards Written approval from the equipment manufacturer to modify heisting equipment er attachments which alter the capacity of the equipment and the corresponding operating instructions and altered capacities Equipment inspection reports Qualifications of crane operators and other hoisting equipment operator 2.20 Inclement Weather In cases of inclement weather or other adverse environmental conditions (e.g., strong winds, rain, lightning, snow, hurricane, tornado, earthquake, etc.), the following safety instructions are required: Presence of strong winds will cause stoppage of affected work activities at elevated work locations (e.g., towers, roofs, ladders, scaffolds, platforms, etc.) and stoppage of use of equipment whose safe operation can be affected by high winds. Presence of heavy rain or snow will cause stoppage of affected work activities where the heavy rain or snow can create safety hazards due to limited visibility, wet work surfaces,, slippery equipment controls, increased electrical hazards, cold stress, etc. Presence of lightning will cause stoppage of affected work activities where lightning presents an increased safety hazard of electrocution. Occurrence of a hurricane, tornado, or earthquake will require stoppage of affected work activities and evacuation of workers from excavations/trenches, confined spaces, and buildings of questionable stability. In case of work stoppage due to inclement weather conditions, work will not resume until an all clear signal has been communicated to affected personnel. In case of work stoppage due to lightning, an all clear will not be given until no lightning has appeared in the area for a period of ten minutes. 2.21 Miscellaneous Physical Hazards Miscellaneous physical hazards and safety procedures to be followed will be reviewed with personnel in weekly safety meetings and may include discussion of the following topics: Material handling Safe lifting procedures Machinery operation Housekeeping Hand tool use Power tool use Ladder safety Uneven terrain Elevated work surfaces Poor illumination Overhead obstructions Slippery work surfaces Sharp objects 2.22 Biological Hazards The primary biological hazards that may be encountered during Site work include: Poisonous Snakes Poisonous Spiders Ants, Bees, Wasps, and Homets Rodents 2.23 Poisonous Snakes Poisonous snakes may be encountered during Site work, Poisonous snake precautions include: avoid walking in areas known to be populated with snakes; avoid traveling on foot at night; avoid traveling off trails or paths in grassy or brush -laden areas; do not climb into rocky areas without visual inspection for snakes; be alert when moving debris as snakes seek shelter in shaded areas; wear high -top boots and long pants when walking in grassy areas; clear brush from around buildings, check/repair leaky faucets, and keep trash in containers with secure lids. If a snake is encountered, look around, there may be others, then turn around and walk away on the same path traveled_ Do not pursue snakes. Poisonous snake bite first -aid procedures are: summon emergency medical help immediately; have victim stay caim and remain motionless, if possible; position victim so that bite is kept below heart level, if possible; do not use ice, cold packs, sprays, alcohol, or any drugs; do not use tight tourniquet, apply light constricting band above bite (be able to insert finger under band) and do not release band, unless too tight from swelling; do not make incision across bite to suck out venom unless help is at least a few hoursaway; and do not wait to see if symptoms develop, seek medical attention ASAP! 2:24 Poison%ous Spiders Poisonous spider may be encountered during Site work. Spiders are usually found in dark, cool, protected areas and such areas should be inspected before placing hands or feet in these areas. Poisonous spiders are commonly found in woodpiles, sheds, basements, garages, and privies. 2.25 Ants, Bees, Wasps, and Hornets Ants, bees, wasps, and hornet bites and stings can be deadly to those who are hypersensitive Anaphylactic shock can occur to sensitized individuals upon repeated stinging, Signs and, symptoms of envenorriation are usually local pain, redness, itching, arid swelling. Sensitive individuals may have more serious symptoms such, as welts, itching Palms and feet, headache, nausea, vomiting, labored breathing, and in severe cases respiratory paralysis or heart failure. individuals who are hypersensitive should carry a kit containing an antihistamine and epinephrine. 2.26 Rodents Rodents include rats, mice, beavers, squirrels, and other related rttammals and are characterized by gnawing and nibbling traits. Rodents can act as a vector for many diseases that may be transmitted directly or .through other vectors such as fleas or ticks. Diseases that can be transmitted include plague, typhus, Leptospirosis, relapsing fever, and others including hantavirus pulmonary syndrome. 3.0 EXPOSURE MONITORING As required by the project, monitoring at the Site may be required to determine personnel exposures to chemical contaminants and physical agents during various Project activities. The SSO will be responsible for completing monitoring activities during field operations where there is potential worker exposure to airborne dust and other airborne contaminants above PELs/TLVs. Site -specific requirements are described in Appendix D. 3.1 Airborne Dust Airborne dust monitoring may be conducted during drilling, soil excavation, and materials handling operations. Monitoring may be conducted at Site or work area perimeter locations to verify that no off -Site migration of airborne dust (and entrained solid contaminants) is occurring during excavation activities. Monitoring may also be completed to measure worker exposures during contaminated soil excavation and handling work. Site -specific requirements are described in Appendix D. 3.2 Physical Hazard Monitoring Heat Stress Heat stress monitoring will be conducted at times when elevated ambient temperatures, moderate to heavy workloads. Heat stress monitoring and establishment of work -rest regimens for heat stress prevention will be completed through physiological monitoring of workers r, 4.0 PERSONAL PROTECTIVE EQUIPMENT Due to the nature of the activities to be conducted, use of Level I), Modified-D(D) protection can be anticipated. Appropriate PPE will be furnished and required for site -specific tasks. 4.1 PPE Requirements Mobilization/Demobilization and Site Preparation Level D+ D Level D+ protection for mobilization/demobilization and Site preparation edtiVities where there is potential contact with contaminants. Level D protection for mobilization/demobilizatiOn and Site preparation activities -where contact with contaminants is not likely. 4.2 Levels of Protection Description PPE requirements will be referenced to the EPA levels of protection sYstem (A-D) and a description of the levels of protection anticipated to be used during Site work is provided below. Modified Level D Protection Modified -Level D (D+) protection is used when some skin protection Is desired for protection against accidental skin contact with contaminants. Modified -Level D protection consists of: Disposable coveralls (e.g., Kleengtiardt. TyVek ) Work boots Gloves, chemical -resistant (e g Nitrie or PVC) Nardhat Safety vest (if vehicle or equipment traffic) Boot covers (optional -PVC or latex) Safety glasses with side shields (as needed) Goggles and/or face shield (as needed for liqUid splash protection) Ear protection (as needed) Two-way radio -communication (optional) Level D Protection Level ID protection is Worn when Minimal protection is needed and activities are not likely to involve direct centact With contaminated materials. Level D protection consists of Caveralls Work Boots Gloves (defter, or leather) Safety Vest (if vehicle or equipment traffic) Hardhat Safety Glasses with side shields (as needed) Goggles or face shield (as needed for liquid Splash protection) Hearing Protection (as needed) Two-way radio communication (optional) PPE Maintenance PPE is required inthe work area as directed by theSGO. Personnel are responsible for proper use of required PPE. Torn protective clothing o[damaged PPE will bmimmediately repaired or replaced. Contaminated PPE will bedisposed ofproperly (as contaminated woube). Maintenance of reusable personal issue PPF(a.g.. hardh ts. safety glasses. steel toe PVC boots) and respirators is the reisponsibility of each worker for individually assigned equipment. 17 7 7 5.0 DECONTAMINATION As required by the project, and due to the nature of activities to be completed and contaminants involved, use of decontamination measures may be required. Personnel and equipment decontamination procedures are outlined below. 5.1 Personnel Decontamination General personnel decontamination requirements include: Workers will be instructed to practice good personal hygiene by 'Washing face, hands and forearms before eating, drinking, smoking, etc. Modified Level D Protection - Decontamination Procedures The following personnel decontamination procedures for Modified Level D protection should be used if protective clothing is heavily contaminated: Station 1: Equipment Drop: Deposit used equipment on sheet plastic or in container/plastic bag. Station 2: Boots and Outer Garments Wath/RinSe: Scrub outer boots,; outer gloves, and suit "with detergent/water solution to remove heavy contamination. Rinse off with water. Station 3: Outer Boot Covers and Otiter Gloves Rernoval: Remove Outer boot covers and outer gloves. Deposit in container with plastic bag. Station 4: Boots and Outer Garments Removal: Remove boots, suit, and inner gloves and deposit in container with plastic bag: Station 5: Field Wash: Wash' hands and face thoroughly. 5.2 Equipment Decontamination Procedures are required to,prevent the spread of Contamination from vehicles and equipment used in the Work area. Equipment will be decontaminated by procedures established by the SSO. Small equipment requiring deContamination will be deposited upon exit from the work area in the equipment drop station located at the entry to the decontamination line. Small equipment will be wiped clean or scrubbed clean within the personnel decontamination area orplaced inside plastic bags and transferred to a designated equiPMent decontamination area. Large or heavily contaminated equipment vvill be steam cleaned/pressure washed for decontamination at a designated equipment decontamination area. This area will be taped off, lined with sheet plastic, and bermed for containment of wash water. 6.0 GENERAL WORK PRACTICES 6.1 Standard Work Procedures Personnel working on the Site will work in a safe manner and includes, but is not limited to, .the following actions: SSSP Review and Documentation New workers must review the SSSP before being allowed to work at the Site and personnel will sign a form documenting that they have reviewed the plan, understand the SSSP requirements, and agree to follow the plan. Questions relating to the SSSP will be answered by the SSO. Before start of Site work, the SSO will provide Site orientation to workers related to Project operations and SSSP requirements and will include review of (as applicable to Site work): Provisions of the SSSP Site background and scope of work Key personnel and health and safety responsibilities Site hazards anticipated PPE requirements Decontamination measures Buddy system requirements Procedures for reporting unsafe conditions or unsafe work practices Procedures for reporting an injury/illness Emergency procedures including warning signals and evacuation procedures Location/route to the emergency hospital Training requirements Medical surveillance requirements Recordkeeping procedures Other specific Site requirements Hazard Communication The SSO will maintain copies of Material Safety Data Sheets (MSDS) for all hazardous substances that are to be used during Project work. Site personnel will be informed of the hazardous substances that they will be working with through SSSP review and attendance at weekly safety meetings. All containers will be properly labeled with product identity, hazard ratings, and PPE requirements indicated. The Harper Brothers Construction "Hazard Communication Program" standard operating, procedure will be referred to for additional guidance and requirements. Reporting of Hazards and Safety Inspections Site personnel are encouraged to immediately report unsafe work conditions or unsafe work practices observed to their supervisor and/or the SSO without fear of reprisal, Site supervisors and/or the SSO will complete periodic safety inspections at the Site to identify and correct hazards and will document such inspections on the Harper Brothers Construction "Safety Inspection Report" form. Visitors Illumination Sanitation All visitors must have prior approval from the SSO before being admitted to the Site. All visitors must read and acknowledge understanding of the SSSP. in the absence of adequate lighting (5-10 foot candles), portable lights and/or light stands will be used to illuminate work areas. No food, beverages, tobacco products, or cosmetics will be allowed, in contaminated areas or potentially contaminated areas and eating, drinking, chewing gum or tobacco, and smoking are not allowed except in designated areas. Good personal hygiene and decontamination practices will be followed at all tulles. Site washing facilities will be provided and personnel will be required to wash their hands and face prior to breaks and lunch. Potable water will .be made available for personnel and portable toilets will be provided when not available on -Site or within a short travel distance. General Safe Work Practices All workers will obey directives from the Site Safety Officer (SSO); Personnel who do not comply with safety requirements may be immediately dismissed from the Site by the SSO. The SSO will conduct on -Site weekly safety meetings before starting work to review work operations and to discuss pertinent Site safety topics. Personnel at the Site will work in teams of at least two persons ("buddy system") and visual contact between team members must be maintained. Drugs, alcohol, weapons, and firearms are not allowed. Unsafe work conditions, unsafe work practices, and equipment problems will be reported to the SSO at once. At least one person trained in first aid/CPR will be on Site, unless emergency services can respond within five minutes. Dust control measures (water spray) will be used if excessive dust is observed. Accident Reporting All incidents/accidents/injuries will be immediately reported to the SSO. An accident investigation report will be completed by the S$Q, 8'2 Standard operating Procedures Harper Brothers Construction has olicies and that establish pm�o for implementation of aahy�programs. ---�Employee - —safety�'compliance with these po\icieoandprooadurewksnandabzn/ and include: * Corporate Occupational Health and Safety Program * Injury and Illness Prevention Program ° bn4Wand Alcohol Testing Program * Training Program ° Site -Specific Health and Safety Program = Accident Reporting and Investigation * Hazard Communication Program ° Personal Level ofProtection Program ° Hearing Conservation Program ° Confined Space Program m Loch-[}uUTaQ-{)btPrognam � 17! '\ | 7 7.0 EMERGENCY RESPONSE PLAN As required by the project, emergency / contingency plans will be established to address possible Site emergencies. For major emergency events (e.g., large fires, gas line or electrical line breaks, etc.) personnel will be evacuated to a designated refuge area and local fire, police, end/or emergency medical service personnel notified. The SSO will work to resolve emergency eVents. All Site personnel are required to immediately notify the SSO immediately in the event of any type of Site emergency. 7.1 Site. and Emergency Communications The SSO will use cellular telephones and/or two-way radios for Site and emergency communications. If not available, the closest landline telephone will be located prior to work being initiated. An emergency telephone list and emergency hospital locations/routes will be maintained at the Site. Compressed air horns, vehicle horns, or equivalent, will be used for emergency signaling. Horns will be located in the work area. Horn signals to communicate emergency conditions include: ONE LONG LAST-BEvacuate entire workzone by nearest exit route„ 7.. Emergency Supplies Emergency supplies wifl be immediately available at the Site and will include: • Firstaid kit O Emergency eyewash kit • Emergency wash down water, as applicable • Fire extinguisher • Ice 7.3 Emergency Hospital and Route information An emergency hospital will •be selected and the route to the hospital will be determined before Site work commences. The designated emergency hospital, Ipcation, and route map -will remain an -Site during all operations. See Appendix D. 7.4 Response to Fire In the event of a fire, the following procedures will be implemented: Large fire (beyond immediate control of a small on -Site fire extinguisher): The Site alarm will sound (1 LONG BLAST), personnel will immediately evacuate the work area anti reassernble at a pre -determined safe, upwind Site location. The fire department will be called. Site personnel will not re-enter the fire area and will wait for fire department arrival. Small fire: The Site alarm vvill sound (1 LONG BLAST). Trained personnel will use an on -Site fire extinguisher to put out the fire. 7.5 Response to Chemical Spill Incident In the event of a chemical spill incident, the following procedures will be implemented: If containment can be done safely without exposure to personnel Liquid chemical spills will be contained through prompt application of absorbents (e.g., absorbent boom, pads or solid absorbent) and placement of containment berms (or equivalent method) Solid chemical spills will be contained initially by covering with sheet plastic (or equivalent method) Spilled material will be collected in bags, drums, overpack drums, dump trucks, or other suitable containers and disposed of as required 7.6 Response to Heat Stress Incident In the event of a heat stress illness, the following procedures will be implemented: Heat Exhaustion If victim is pale, has faintness, cramps, and is actively sweating (not merely wet from previous sweat), the victim must be moved to a cool place as soon as possible. Remove as much clothing as possible, allow victim to take in electrolyte replacement fluids, and monitor the victim for shock and any further symptoms of failure to cool down. Heat Stroke If victim has dry, flushed skin, a loss of consciousness, ciliated pupils, or muscular twitching, the victim Must be cooled as rapidly as possible. Outer clothing will be removed victim placed under ice-cold water, cold packs, .or cold towels immediately, and air will be fanned across the victim to assist in evaporative cooling. The victim will be decontaminated and emergency services called for assistance. 7.7 Response to Medical Emergency In the event of a medical emergency, the following procedures will be implemented: The Site alarm will sound (1 LONG BLAST) and personnel will evacuate to the designated refuge area end report to their supervisors for a head count and further instruction. The exposed or injured person will be removed from immediate danger, first aid and/or trained Site personnel will administer CPR, and the victim will he decontaminated according to methods determined by the SSO. Emergency medical assistance will be called and will be informed of the following O Name and location of person reporting. O Location of accident or incident. o Specific directionto the emergency location (as needed). • Phone number from which the person is calling, o The number of persons needing help. © What is currently being done for the victims? • For life -threatening injuries; request instructions from emergency services dispatcher for procedures to follow. • Name and affiliation of injured parties. • Description of injuries. • Details of any chemical involved. • Summary of the accident, including suspected causes and time of occurrence, • Temporary control measures taken to minimize further risk. Non -essential personnel will be evacuated from the work area until the SSO determines that it is safe for work to resume. A medical emergency involving chemical exposure will require communication between the SSO and emergency hospital personnel regarding chemicals involved. The SSO will designate an individual to accompany or follow the victim to the emergency hospital to assist with any needs that arise and to report back regarding the victim's status. 8.0 TRAINING As required by the project, copies of certificates of health and safety training will be reviewed and maintained by the SSO. Personnel will not be allowed to complete fieldwork until such documentation has been presented to the SSO. 8.1 Weekly Safety Meetings Weekly safety meetings will be conducted at the beginning of each workweek to discuss operational tasks to be completed and pertinent Site safety topics. Meetings will be documented and those in attendance will be required to sign the weekly safety meeting form. 8.2 First Aid/CPR Training Selected Site personnel will have completed first aid and cardiopulmonary resuscitation (CPR) training within the past year. 8.3 Other Training See Appendix D. C'1 9.0 MEDICAL SURVEILLANCE 9.1 Drug and Alcohol Testing Program Harper Brothers Construction has a policy for a drug -free workplace, as shown in Appendix D. Post -Accident Drug and Alcohol Testing Post -accident drug and alcohol testing will be conducted as soon as possible following a job -related injury or accident if, in the judgment of the SSO or Harper Brothers Construction management, there is reasonable suspicion that substance abuse may have been a contributing factor. Workers will not be allowed back to work until clearance has been received in the form of documentation of a negative drug and alcohol test result. co-\ 10,0 RECORDKEEPUNG As required by the project, health and safety related documents will be maintained by the 8SO.Health and safety documentation records may include the following: ^ Material Safety Data Sheets * Health and safety training documentation � GSSPreview and safety meeting records * Safety inspection reports " Equipment inspection forms * Accident investigation records and accident statistics summaries, m Health and safety eqUipmentoperating manuals and instructions w Other health and safety documents 1 7 11.0 Site Specific Hazards As required by the project, all employees and subcontractors who are assigned to this project will be required to read and understand the safe operating procedures and job hazard analyses for the following tasks as they relate to each individual crew, Please refer to Appendix D, Site -Specific Information. O Confined Spaces * Trenches • Overhead Electrical Utilities • Tunneling ® Fall Hazards re\ Appendix A Health and Safety Forms • "Take 5 For Safety" • Work Site Safety Inspection Form • Incident Investigation Report Appendix B Chemical Hazard Information Appendix C Miscellaneous Information • Emergency Contact List • Harper Brothers Construction's Expectations • Emergency Evacuation Assembly Information (TBD) Drug & Alcohol Program • Designated Hospital & Route Map (Major Emergencies) Designated Occupational Clinic & Route Map (Minor Emergencies) Appendix D Site -Specific Information • Site Safety Responsibilities • Site Clearing • Critical Lifts • Fall Protection Program & Procedures • Overhead Electrical Utilities • Trench Safety Procedures • Confined Space Entry Procedures • Vehicle Traffic • Night Work • Tunneling Safety Procedures Site Safety Responsibility: While working on the City of Houston 60 Inch Water Line Project, it shall be the responsibility of Rene Vega, Superintendent, to ensure that Harper Brothers Construction's Site Safety Program is adhered to by company employees and their subcontractors. Steve Barefield, Field Safety Manager will also have primary safety responsibilities when working on the premises. Their contact information is as follow: Rene Vega, Superintendent 281-245-7226 Steve Barefield, Field Safety Manager 281-659-3587 CHEMICAL. HAZARD INFORMATION FOR COMMON CONTAMINANTS — FOR INFORMATIONAL PURPOSES ONLY Diesel Diesel fuel is a gas oil fraction obtained from the middle distillate in petroleum separation. It is available in various grades as required by different engine types, one of them being synonymous with fuel oil No. 2. Their composition vary in ratios of predominately aliphatic, olefinic, cyclo-paraffinic, and aromatic hydrocarbons and also appropriate additives. The slightly viscous brown fluids are combustible. Diesel fuel is used for diesel or semi -diesel, high- speed engines requiring a type of fuel with low viscosity and moderate volatility, The heavier grades are used for railroad and marine diesel engines. Routes of entry for diesel fuel are by inhalation, ingestion, and skin contact, Toxicological effects of diesel are expected to resemble those of kerosene, but sometimes more pronounced owing to additives such as sulfurized esters, Acute exposure signs of ingestion, inhalation, and to a lesser degree by dermal contact are eye, nose and throat irritation, vertigo, nausea, dyspnea, central nervous system depression, narcosis, and neurotoxicity if benzene is present. Chronic exposure signs are central nervous system depression and slight to severe changes of the hematopoietic system, also depending on the benzene content. Benzene Benzene is a component of gasoline and is a colorless liquid with an odor characteristic of aromatic hydrocarbons. It is a flammable liquid with an LEL of 1.4%. OSHA has established a specific occupational exposure standard for benzene, Routes of entry for benzene are by inhalation, ingestion, and skin contact. As an acute poison, benzene produces narcotic effects. Upon acute exposure, effects include confusion, dizziness,; tightening of the leg muscles, and sensations of pressure in the forehead. A coma may result unless ventilation is provided. Chronic exposure may result in alterations of the bone marrow, and, in so►ne instances, producing aplastic anemia. Benzene is known to cause acute myelogenous leukemia and is classified as a human carcinogen. Ethyl benzene Ethyl benzene is a component of gasoline and is a flammable liquid with an LEL of 1.0%. It appears as a colorless liquid and has an aromatic hydrocarbon odor: Routes of entry for ethyl benzene are by inhalation, ingestion, and skin contact. Acute exposure can result in eye, skin, respiratory, and central nervous system irritation. Chronic exposure may result in dermatitis and possible liver and kidney injury. Toluene Toluene is a component of gasoline and is a colorless liquid with a strong aromatic petroleum hydrocarbon odor. It is a flammable liquid with an LEL of 1.27%, Routes of entry for toluene are by inhalation, ingestion, and skin contact. Acute exposure can result in eye, skin, and respiratory irritation. Central nervous system depression can occur with symptoms of headache, nausea, drowsiness, dizziness and loss of coordination. Chronic exposure may result in dermatitis and possible liver and kidney damage. Xylene Xylene is a component of gasoline and is a clear, flammable liquid with an aromatic hydrocarbon odor. Xylene is usually a mixture of three isomers: ortho, meta and para with meta usually being the principal component. Routes of entry for xylene are by inhalation, ingestion, and skin contact. Acute exposure can result in eye, skin and respiratory irritation. Central nervous system depression and symptoms of dizziness, drowsiness, pulmonary edema (swelling), anorexia, nausea, vomiting and abdominal pain may occur Chronic exposure may result in dermatitis and possible liver and kidney injury. Lead Lead metal is a heavy, soft, gray solid that is used in storage batteries, paint, ink, ceramics, auto radiator repair, and ammunition. OSHA has established a specific occupational exposure standard for inorganic lead. Acute lead exposure results in gastrointestinal disturbances, anemia, and neuromuscular dysfunction. Initial lead exposure symptoms are non-specific effects such as decreased physical fitness, fatigue, sleep disturbance; headache, aching bones and muscles, abdominal pains and decreased appetite. Peripheral nerve damage (known as "wrist drop"), convulsions and delirium can also be manifested from acute lead exposure. Lead is a cumulative poison and has been classified as a human carcinogen. Chronic exposure can result in gastrointestinal disturbances, anemia, neuromuscular dysfunction, encephalopathy, and liver damage. Ambulance / Paramedics: Fire Department: Police Department: Other Law Enforcement: Transportation Emergencies: Spill Emergencies: Underground Utilities: Harper Brothers Const.: Subcontractor: Project Owner: Other: Other: Emergency Hospital Name: Emergency Hospital Telephone: Emergency Hospital Address: Emergency Hospital Directions: EMERGENCY CONTACT LIST Print Clearly Using Black Ink! 911 or (832) 472-4612 911 or (936) 522-3080 Fire Dept.) 911 or 713-884-3131 911 or (281) 376-2997, Harris County Sheriff Texas Department of Public Safety Clean Harbors Environmental (713) 750-5800 Texas 811 (800) DIG-TESS (800) 344-8377 713-893-4593 City of Houston. Memorial Hermann Hospital, Southeast Houston _281) 929-6100 11800 Astoria Blvd. Houston, Texas 77089 Go South on Monroe to Sam Houston Pkwy. Turn left or East along Sam Houston Pkwy. to Beamer Turn right on Beamer and proceed South until Astoria Blvd just South of Scarsdale. Hospital will be on your left. Describe Actions: EMERGENCY ROUTE TO HOSPITAL Go South on Monroe to Sam Houston Pkwy. Turn Ieft or East along Sam Houston Pkwy. to Beamer Turn right on Beamer and proceed South until Astoria Blvd just South of Scarsdale. Memorial Herman Hospital will be on your Ieft. STANDARD SITE SAFETY PLAN APPROVAL Project Name: City of Houston 60 Inch Water Line along Monroe from Airport to Glen Valley. Project Number: Project Owner: Site Location: WBS No. S-000900-0129-4 Houston, TX Houston, TX The following individuals have prepared, reviewed, and agreed to the Standard Site Safety Plan for this Project. Approvals: Project Manager / Date Site Supervisor / Date Site Safety Officer / Date STANDARD SITE SAFETY PLAN REVIEW Project Name: City of Houston 60 Inch Water Line along Monroe from Airport to Glen Valley. Project Number: WBS No. S-000999-0129-4 Project Owner: City of Houston, TX Site Location: Houston, TX I have reviewed the Standard Site Safety Plan for this Project and understand the hazards presented on this Project. I agree to follow the procedures outlined in the SSSP and to inform the Harper Brothers Construction LLC Site Safety Officer and/or Project Manager should any unsafe conditions be observed. I understand that failure to follow the SSSP can result in removal from this Project, disciplinary actions, and possible termination of employment. NAME / SIGNATURE DATE ORGANIZATION AIA Document A3di0TM 2 aid Bond CCONIRACTOW (Arome,,twol :gotta aad addrosi) Harper Brothers Construction, LLC 654 N. Sam Houston Prkwy, Sulte Houston, TX 77060 ovtitigm Ow; iogal atm onefaciditol City of Pearland 3519 Liberty Drive Pearland, TX 77581 0ND AMOUNT Five Percent (5%) of Amount of Bid PJT • l000ttoo or aoikosq. Phew( ftaisber. ife0)9 Independence Park Phase I 0617-45 thisdocument* lineortitatioaal 40004ita.OrM".‘criiVI!'41AdWit1). an Iiitdoioy 16' Onastimaed , IC*0' 0 its OOMprotkirt cr Mrottmai CP11 ifilaictr# $1110Yil]Wrief or t)1119k.Off,0064,1'4gitiM)..14I1lUtjIIimitr :i;ii#0400)10400:: the Contractor and Surety aro bound te the Owner in the (mount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, exeeutors, administrators, successors and assigns, jointly and severally, In provided herein. The conditions Cif this Bond ate such that if thc Owner accepts the bid of the Contractor within the time specified In the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either.(I) enters into a contract With the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Doeutnents, with a surety admitted in the juristiietion-ofthe Project and otherwtse acceptable to the Owner, for the faithful performance of such Contract and for the prompt paymentof labor and material thrnishc,d in the prosecution thereof; or (2) pays to the- Owner the difference, net to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract. with another party to perform the work covered by said bid, then this obligation Shall be null and void, other to remain in full force and effect, The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surely shall not apply to any extension exceeding sixty (60) days in thc a !c.v.:gate beyond the time for acceptance of bids specified in the bid doeumerits, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days, thix Bond is issued in, connection with u snbcontraeter's bid to a Contractor, the term Contractor in this Bond shall ha deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. „ Witentiiii-Bondhat,,been.finniiited to comply with piMotutotyv olltePlepi retIktirement:'1111110:10cAltign Qfdle•PrPieCL An1P5.9*Iffix'in-i*Oold 0.414Ans w(t104JO„sotignTy orlinI uiremnt heU b deattted•delited.he,ral4141,114 N441r‘30)40t11141) Ikiciecni0400tP0i!A*400(11.-**.4:0: 114t*b4010314* is tht 00904,10 WP60rii0:14'.4 Si8IIeandseciIedthjs Harper Brothers Construction, LLC (Princir/ Oa)• 67141 it --rfrojA Hai-irord Fire Ins 401 om a Y kb I 0 (Mnoi tegol.4iont'a4ciPeiiiii.0411A,OPq Hartford Fire Insurance Company One Hartford Plaza, T-4 Hartford, CT 06115 llth day, or July, 2017 .6.,..t......................—......._—_—:121,01:44tioti:6:60 jetityis.:30.7 ,....., . . . .. . (TAO --- Susan L Snria •:OAUTtok'VezuAhotir atto,9011 at,pkittitr Doeuntreiton whlett•thilliktriOiaitilti itth An - otiviiii.iiitt kit Wonietittin AA titi4MitiottitlitdOigrrOpkifillif4JAE0t,t§fOtiliO itil).tiiittkii.Aiivit)0M:friOlikitO-4:Arciiititte: s-nitlit4-iii$0i*id W 0.,4114ati*004T40114dbitO^PDOStilt*and,11-3.1/ttfOli*IiiPePtii.I.ii;lk1014ttuirlaiiiitmnilisinettOn-,ii';'014ttimmolf atitillt,AtA oopiit4itot At*00i1141,0:00p:kii‘if 1*11.41 In 0,0-063 0,1411.-kOili aitrtdriii plootifii$toit.-00,b;440364*ttl itiiiMMilMmiiiimtitit OtnitithlieMpt;theftiOir, " Pikett*it 40:4-00011100ta ifrAfaiVal:(11!Y =3„Pl`1,..kit-JN4-dfio.41/04,nt took e450,11b6titIci,idpcit boittitititonimr6itivof AIA-bailt, t1-44iitiint4;.#4111 1110:0.4.f.1:01R.407..01:1..1#1 POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS THAT:. fx Direct Inquiries/Claims to: THE HARTFORD BOND, 7-12 Ono Hartford Pima Hartford, Connecticut 06155 Bond.Claltn sOth©hartford.cortt 0ell:888.266-3488 or fax: 860-757.5035 Agency Name: VTC INSURANCE GROUP Ag©ncy Code:. 35-351225 Hartford Fire Insurance Company, a corporation duly organized under the laws oftlie State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws ofthe State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the rows of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State ofindiana Hartford Insurance Company of Illinois, a cotporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, n corporation duly organized under the taws of the State of litdiana Hartford insurance Company of the Southeast, u corporation duly organized under the laws of the State of Florida having their home office In Hartford, Connecticut, (hereinafter collectively referred .to as the "Companies"), do hereby make, constitute and appoint, upit? the amountof unlimited ; Susan L. Small of Farmington Hii1e hlZ,. Jeffrey A. Chandler, Alan P. Chandler, Ian J, Agnaldr Wendy L. Hingeon, 1{at:hleen M. Irelan, Meagan 1Creat , Roberb Trobea. of TROY, Michigan their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign Its name as surety(ies) only as delineated above by IF), and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written Instruments in the nature thereof, on behalf of the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2016 the Companies have caused these presents to be signed by Its Senior Vice President and Its corporate seals to be hereto affixed, duly attested by Its .Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by airy mechanically applied signatures applied to this Power of Attorney. John Gray, Assistant Secretary STATE OF CONNECTICUT Hartford COUNTy OF NARTFORW On this l lth day of January, 2016, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say; that he resides in the County of Hartford; State of Connecticut; that he is the Senior Vice President of the Companies; the corporations described to and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals: that they were so affixed, by authority of the Boards of Directors of said corporations and that he signed his narhe thereto by like authority. M, Ross Fisher, Senior Vic© President CERTIFICATE dut Nom M. 3trunko Notary Public? My Commission Expires Mnrcl 31, 2018' • I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above' and foregoing is a true and correct copy of the Power of Attorney executed by sa[d Companies, which is still in full force effective as of July 11 th, 2017 Signed and sealed at the City of Hartford. iffotemAt 4070 Kevin Heckman, Assistant Vice President ron So76 IMPORTANT NOTICE To obtain Information or make a complaint: You may contact your agent. You may call Hartford insurance Group at the toll free telephone number for information or to make a complaint at:. 1-800-392-7805 You may also write to The Hartford: The Hartford Hartford Financial Products 2 Park Avenue, 5th Floor New York, New York 10016 1-212-277-0400 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-25-3439 You may write the Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 Fax Number (512) 475-1771 Web: http://www.tdi.state.tx. us. E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute Is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for your information only and does not become a part or condition of the attached document. F-4275-'1, ./TX4275-1 1.113 42 H000 00 0807 AVISO IMPORTANTE Para obtener informacion o para someter una queja. Puede comunicarse con su agente. Usted puede Ilamar al numero de telefono gratis de The Hartford Insurance Group para indormacion o para sorrieter una queja al 1-800-392-7805 Usted tat -Mien puede escribir a The Hartford, The Hartford Hartford Financial Products 2 Park Avenue, 5th Floor New York, New York 10016 1-212-277-0400 Puede comunicarse con el Departamento de Seguros de Texas para obtener lnformacion acerca de companies, coberturas, derechos quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas P.O, Box 149104 Austin, TX 78714-9104 Fax Number (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.txus DISPUTAS SOBRE PRIMAS 0 RECLAMOS: SI done una disputa concerniente a su prima o a un reclamo, debe comunicarse con su agente primer°. Si no se resuelve fa disputa, puede entonces comunicarse con el departamento (TIDI). . UNA ESTE AVISO A SU POLIZA: Este avlso es solo para proposlto de informacion y no se convierte en parte o condicion del documento adjunto, CITY OF PEARLAND PROPOSAL Section 00300 TEC INICAL PROPOSAL PART E A. ECONOMY OF PREPARATION. Proposals should be prepared simply and economically, providing a straightforward, concise description of the Offeror's ability to meet the requirements for the proposal. Elaborate bindings, colored displays, promotional materials and so forth are not desired. Emphasis should be on completeness and clarity of content. Vague and equivocal statements will be viewed unfavorably. This section needs to be uploaded as a separate document with the proposal in E-bid as a pdf. B. CONFIDENTIRLITY. The Offeror may designate any portion of its proposal that contains trade secrets, or other proprietary data as confidential. If an Offeror includes data that is not to be disclosed to the public for any purpose et used by the Owner except for evaluation purposes, the Offeror shall: 1. Mark the title page of the proposal with the following legend: "This proposal includes data that shall not be disclosed outside the City of Pearland and shall not be 'duplicated, used or disclosed in whole or in part for any purpose other than to evaluate this proposal." Mark each sheet of data it wishes to restrict with the following legend: "Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal." Offerors should note that despite such restrictions, the disclosure of such restricted information may be required under applicable laws, including, without limitation, applicable freedom of intbrmation laws. C. FORMAT. Proposal must be organized and submitted in the eight -section format as follows: 1. Offeror Firm 1,1 Organization 1.1.1 Give the legal name, address, and telephone number of Offeror firm. 1.1.2 State whether the Offeror firm is an individual, partnership, corporation, or a joint venture. If Offeror firm is a corporation, give state of incorporation. 1,1.3 Give number of years Offeror firm has been in business as a construction contractor, 1.1.4 Give number of years Offeror firm has been in business under its present business name. 1.1,5 Give any other names under which Offeror firm has operated. Off 00300 -Part Eie: 1 of 4 CITY OF PEARLAND 1.2 Claims and Suits. (rthe answer to any of the questions below is yes, attach details.) 1.2.1 Has Offeror firm ever failed to complete any work it was awarded? 1.2.2 Are there any judgments, claims, arbitration proceedings or lawsuits pending or outstanding against Offeror firm or its officers? 1.2.3 Has Offeror firm filed any lawsuits or requested arbitration with regard to construction contracts within the last five years? 1.3 Financial Status 1.3.1 Provide a letter from Offeror firm's Surety stating Offeror firm's ability to acquire bonding in the full amount of the contract. 1.3.2 Provide a photocopy of the current Dunn & Bradstreet report showing Offeror's financial rating for the Offeror firm. 2. Offeror's Project Team 2.1 Provide an organizationolganlzaUon chat showing the Offeror firm's key personnel positions and lines of authority. 2.2 Give names, qualifications, and experience of Offeror firm's key personnel positions proposed for the project. Offeror's Experience with Other Similar Projects 3.1 Give examples of Offeror firm's experience in constructing other similar projects within the last five (5) years. Provide examples as follows: Owner's Name: Project Name: Construction Cost: Year of Completion: Location (City and State): 3.2 Give references for Offeror firm's experience in constructing other similar projects. Provide references as follows: Full Name and Title: Firm Name: Mailing address: Telephone Number; 4. Offeror's Projeet Schedules for Proposed Project and Other Similar Projects: 4,1 Provide a summary level schedule for the project indicating the Offeror fin-0's proposed construction schedule. Base the schedule on calendar days., starting with the Owner's notice to proceed and end with final completion ofthe work. Owner is looking for 320 calendar days for substantial completion with Certificate of Occupancy. Offeror's initialS4:--t- 00300 - Part E 2 of 4 CITY OF PEARLAND 4.2 Provide a summary level schedule for each similar project given under 3.1 comparing the Offeror firm's initial construction schedules with the final construction schedules, Base the schedules on calendar days, starting with the Owner's notice to proceed and end with final completion of the work. If the comparison reveals a disparity between the initial and final construction schedules explain why. 5. Offeror's Safety Program 5.1 Give the Offeror firm's primary insurance provider as folio s: Full Name: Mailing Address: Telephone Number: 5.2 Give the Offeror firin's Experience Modifier Rate (EMR) and Recordable Incident Rate (RIR). 5.3 Summarize the Offeror firm!s safety program execution plan. (l page). 6, Offeror's Quality Assurance Program 6.1 Summarize the Offeror firtri's- quality assurance program (I. page). 7. Offeror's Current Workload 7.1 Summarize the Offeror firm's current workload and state the Offeror's availability to Start construction of the project, 8. Offeror's Proposed Subcontractors $, Provide a schedule of subcontractors, ineluding the work they will perform and percentage Of overall work they will perform. D. EVALUATION CRITERIA Explanaticin of Award based on the Evaluation Criteria is included in Section 00200 Instructions to Offerors. The evaluation criteria for all proposals are as follows: Cost Proposal 52% Schedule 12% Reputation 7% Experience 6% Personnel 5% Approach I 0% Sub -contractors 3% Safety 3% Claims History 2% Offeror's,Initial - 0 0 3 0 0 - Part BC 3 of4 CITY OF PEARLAND E. ACCEPTANCE OF EVALUATION METFI000LOGY Submission of a proposal indicates Offeror's aceeptance or the evaluation technique and Offeror's recognition that some subjective judgments must be made by the Owner during the evaluation. F. QUESTIONS TO OFFERORS Offerors are requested to submit a complete answer to each ()Rile questions listed in Section D. The,answers to these questions will be the basis for the Owner's evaluation (Idle proposal and selection of the successful Offeror, END OF SECTION Offerors 110 00300 - Part ES 4 Of 4 C1 'Y 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 Harper Brothers Construction, 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: Independence Park Phase 1 3919 Liberty Dr, Pearland TX 77581 City of Pearland, Texas COP PN: P20001 BID NO.: 0617-45 Article 2. ENGINEER The Work has been designed by Talley Landscape Architects, Inc. - PO Box 411, Orchard, TX 77464 - Merrie Talley 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 three hundred and twenty (320) 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 three hundred and sixty-five (365) calendar 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 three hundred and 4-2015 00500 - 1 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT fifty dollars ($350.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time set out in the Certificate of Substantial Completion or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER five hundred dollars ($500.00) 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 $3,442,424.00 (the "Contract Price"). The Contract Price includes the Base Bid and Alternates 3, & 4, as accepted by OWNER 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 4-2015 00500 - 2 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 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 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 ,-2015 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract documents with respect to existing underground facilities 00500 - 3 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT at or contiguous to the .site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to 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 93 inclusive with attachments with each sheet bearing the following general title: Independence Park Phase 1 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 PE ARLAND 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 4-2015 00500 - 5 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT parties, but if for any reason any provision is unenforceable or invalid, such provisions shall be deemed severed from this Contract and the remaining provisions shall be carried out with the same forceand 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 CONTRACTO.R 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 1 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 of the City of Pearland and upon the following date: , 20. OWNER: CITY OF PEA By: Title: Date: AT 1LST CONTRACTOR: Harper Brothers construction, LLC By: Title: Harper, CEO Date: 8/22/2017 (Corporate Seal) fj Address for giving notices 654 N Sam Houston Pkwy E Suite 330 Houston, TX 77060 Phone: 713-893-4593 Fax: 713893-0048 Agent for service of process: END OF SECTION 4-2015 00500 - 7 of 7 Accmi:f CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDMYY) 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 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, tho policy(les) must bo 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 confor rights to the certificate holder in lieu of such endorsement(s). PRODUCER VTC Insurance Group Troy Office 1175 W. Long Lake Ste. 200 Troy MI 48098-4960 CONTACT jack •3-0 2. 1.,0 w • n NAME' - RHONE _NZ EM(248) 828-3377 FAX I: No: (248) 628-3741 _A-DDRESS• jwilsOn@vtcins . com INSURER(S) AFFORDING COVERAGE NAM 0 INSURERA:Vallev Force Insurance Co. 20508 INSURED Harper Brothers Construction, LLC 654 N. Sam Houston Parkway Suite 100 Houston, TX 77060 iNsURER 0 National Fire Ins. of Hartford 20478 krsusEs c :Continental Casualty co 20443 INSURER I): INSURER E : INSURER F : GES CERTIFICATE NUM ER2017-2018 Master • 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, UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADUL wso SUEIR wyn POLICY NUMBER POLICY EFF (MM/DD/TYYY1 POLICY EXP (MIWODNYYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY 6010195053 7/22/2017 7/22/2018 EACH OCCURRENCE 1 , 000,000 ClAIMS.MADE EjJ OCCUR DAMAGE To RENTED P. (Ea ecamensi $: 100,000 MED EXP (Any on° person) 15,000 PERSONAL& Am IN,IURY 1,000,000 GEN'L X AGGREGATE LIMIT APPLIES PER: PRO - POLICYx jEcT L LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMM:7P AGG $ 2,000,000 Employe° ElonotlIs 1,000,000 B AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED , "• SCHEDULED AU ros NON.OWNED AUTOS 6018195067 7/22/2017 7/22/2018 COMBINED SINGLE LIMIT (En =Want) $ 1,000,000 BODILY INJURY (Par person) $ BODILY INJURY (per accident) PROPERTY DAMAGE (Per KerIPI10 $ MediCallalliMents $ 5,000 c X UMBRELLA LIAe EXCESS LIAB x OCCUR CLAIMS,MADE 6018195098 7/22/2017 7/22/2018 EACH OCCURRENCE $ 10, 000, 000 AGGREGATE $ 10,000,000 DED X RETENTIONS 10 , 000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? —N-1 (Mandatory In NH) It7eSgirgragaOrPERATIONS Wow N/A 618195070 7/22/2017 7/22/2018 PER OT - EL EACH ACCIDENT 1,000,000 $ 1,000,000 $ 1,000,000 E.L. EL DSEASE -EA EMPLOYEE Et DISEASE - POLICY UHT C Inland Marine 6018619119 7/22/2017 7/22/2018 Locoed/Rented $500,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/VEHICLES (ACORD 101, Additional Romorks Schedule, may bo attached If mom spaco Is required) Independence Park Phase 1 Cosntruction Proojct. ProjeCt No. P200001. Where required by written contract, City of Pearland is addll insured for General Liability (GL) as respects ongoing & completed operations on a primary & non-contributory basis and addil insured with respects to Automobile liability. GL, Auto.& Workers Comp policies includes waiver of subrogation on behalf of City of Pearland as required by written Contract and where allowed by law. Umbrella/Excess liability coverage follows form over GL, Auto & Employers Liability. Insurer will endeavor to mail 30 days written notice of cancellation to the certificate holder CERTIFICATE HOLDER CANCELLATION City of Pearland 3519 Liberty Drive Pearland, TX 77581 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Robert Trobac/V46 ACORD 25 (2014/01) INS025/9014011 ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC420304D (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule, Schedule i. ( ) Specific Waiver Name of person or organization (x) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS LOCATIONS AND OPERATIONS . 3. Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described, 4. Advance Premium: SEE SCHD This endorsement changes the policy to which It Is attached and Is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 7.22-2017 Policy No, WC618195070 Endorsement No. Insured Harper Brothers Construction LLC Premium insurance Company Valley Forge Insurance Co. Countersigned by WC420304B (Ed. 06-14) Copyright 2014 National Council on Compensation insurance, Inc. All Flights Reserved. CNA CIA PARAMOUNT Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COPANIE.RCIAL GENERAL LIABILITY COVERAGE PART as follows, It any other endorsement attached to this policy amends arty provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. 2. Additional insured - Primary And Non -Contributory To Addlttonal Inaured's Ineurarme 3. Bodily Injury — Expanded Definition 4. Broad I(nowl.dge 01 Occurrence/ Notice 01 Occurronce 8. Brc aderred Liability Coverage For Da ago To Your Product And Y Work 7. Contractual Li ility Railroads 8. Eltectnanic Doty Liability 9. Estates, Legal Representative* and SPatia.4 10; Expected ed Or Intended injury — Exception for Reasonable Force' 11. General Aggregate Limita of !neu — Per Project 12. In Rem Actions 13. Ittoldsraie+I Health Care Maiprectice Coverag0 14. Joint Ventures/Partnership/Limited Llebllity Co-m 15. Legal Liability — Damage To Premises / Alienated Premises / Property In The Named Iksured's Care, Custody or Control 17. Medical Payments 19. Non owned Watercraft 20. Personal And Advertising injury — Discrimination or Humiliation 21. Personal And Advertising Injury - Contractual Liability 22. Property Damage - Elevators 23. Supplementary Payments 2A. Unintentional Failure To Disoioae Hazards 28. Waiver of Subrogation— Blanks* 28. Wrap -Up Externs n: OCIP CCIP, or CoeQssaiMated (Wrap -Up) insurance Pr rams CNA74745XX (1.15) Page i of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: HARPER BROTHERS CONSTRUCTION, LLC Copyrlghl CNA Al Rlphto Reaorved, Inctudea copyrithted mate rtui 01 kivunanae Sorvloss Otiloo, Inc., with lta prxirdantots. Policy No: 6018195053 Endorsement No: 3 Effective Date: 7-22-2017 Contractors' Gen CNA PARAMOUNT Liability Extension Endorsement 1. ADDmONAL INSUREDS e. WHO IS AN INSURED Is amended to Include as an Insured any person or organization described in paragraphs A. through @ 1. below whom a tamed insured is required to add as an additional insured on this Covere Part under a written contract or written agreement, provided such contract or agreement: (1) is currently In effect or becomes effective during the term of this Coveree* Paart and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertileing injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through J. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named insured, but only with respect to such person or organization's liability for 'Hy Injowy, property damage or personal and advertising f jury arising out of: 1. such person or organization's iinanciaf control of a Name! Mewed; or 2. premises such person or organization owns, maintains or controls while a Neared Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of t urerd Premises A co-owner of a premises co -owned by a Named mitred and covered under this Insurance but only with respect to such co -owner's liability for bodily Injury, property dams>. or personal and advertising injury as co-owner of such premises. C. Lehr of Equipment Any person or organization from Whom a bfmada pit Noss a uipmerei, but enfy Wilt) .respect to dla�itif + (fir' bodily injury, property damage or parse 1 i ;i j !Nail mood, % whale Or in pelt, by flitt� P�� t l Invurod's maintenance, operation or uee of sueh oquipment, ptmokiscii that the OPOthlw M sisq sot f bodily Injury, property dam • . o' the offense giving rise le lech poroonaIgedvartioing h rttrY taker Pia prior to the termination of such lease, D. Lessor of end Any person or organization from whom a Named Iri ured leases land but only with respect to liability for , Ipy trhJ+:rrY, PPP . rt)r na1 and eriblertititio arfis ng out of ttis ownership, maintenance or use of evele land, prodded that the occurrence giving rise is With bodlty htJl yf„ property damage or the offense rise ft, ouch p reor►ef endvett1 I» glom prior to the termination of such lease. The CNA747O5XX (1-15) Page 2 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: HARPER BROTHERS CONSTRUCTION, LLC Copyright CNA AN Mattis Flowed, Includeo oopyfl Maul material of Insurance Services.0 Policy No: 6018195053 Endorsement '1o: 3 Effective Date: 7.22.2017 Inc., Wet Ito PoirtdseWn. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional Insured. E. Lessor o1 Premises An owner or lessor of premises leased to the Named insured, or such owner or lessor's real estate manager, but only with respect to liabilityfor bodily injury, property dam or personal and advertiel;ng Injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does hot apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Hort r > s ee, Assigns® or Receiver A`mortgagee, -assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily Injury, property damage or personal and advertising Injury arising out of the Named Insured's ownership, maintenance, or use of a promises by a Named Matured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or tor such additional Insured. G. State or Govarrarnontal Agency or Subdivision or Political Subdivisions — Penults A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only withrespect to such state or governmental agency or subdivision or political subdivision's liability far bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards In connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistawa y openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this 'insurance; -or 2. the permitted or authorized operations performed by a Named insured or on a Named tnau ed's behalf, The coverage granted by this paragraph does not apply to: a. Bodily Injury, property damage or personal and advertising injury arising out of. operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damageIncludedwithin the products -completed operations hezerd, With respect to this provislon's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any: governmental permit that requires the Named insured to add the governmental entity as an additional Insured. H. Trade Show Event Lessor 1. WVlth respect to a reamed insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named insured is required to include as an additional insured, but only with respect to such person or arganization's liability for bodily Injury, property damage or personal and advertising injury caused by: CNA74705XX(1-15) Page 3 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name; HARPER BROTHERS CONSTRUCTION , LLC Copyrkih1 CNA All Watt Raseiwd. incielder) copyrighted material el irauranaa Policy No: 6°181.95.053 Endorsement No: 3 Effective Date: - 7: za,"-zoi7 mime OHlce, Inc., with Ho painter, CNA PARAMOUNT Ctontr cte rs' G=yi eral Liability E e &iof Ender `- ment a. the Named Iteured's acts or omissions; or b. the acts or omissions of those acting an the Named Ineurcd'e behalf, in the performance of the Named Ins d's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily inf or properly damage included within the producte-camplet x +operatIone Guard. 2. ADDITIONAL INSURED - PRI =. RY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL CIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Nene insured f• s earned in iwreiing E a. tontTagt or agreelient ;heh [tie ineemace is primary and non- lritribuiary relative to an 4,4d111e0411 Insured own irmimm, than teie insurance Is prfit aty, And the Insurer will not te.04 oontrlhttliart from That ether Maumee. For the purpose of this Proatlsllan 2., the 40ditilenef insured's own insursrloa moatre mete-0ca on Bch the ar#ditielef icl, Uped le a named hooted. Other iee,, rered notwithstanding anything to the contrary elsewhere In this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY — EXPANDED DEFINiTION Under DEFIHrno IS, the definition of «++Ity injury is deleted and replaced by the following; Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person et any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEiDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Dutier3 In The Event of Occurrence, Offens , C Ire or Suit Is amended to add the following provisions: A, BROAD KNOWLEDGE OF OCCURRENCE The Blamed Insurod must give the Insurer or the Ie, urer'>3 h+ 1hatiz c1 represeetall?re no lde o1 a CeCurrence, offense or claim only when the occurrence, offense or tlm is Linn ,'n to a natural' pon Waned Insured, to a partner, executive officer, manager or membur nil a Nero Ineureel, or an employee designatedby any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named inattred's rights under this Covet/ago Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the mimed Insured's reasonable belief that the bodily injury or property damage Is not covered under this Covor a Part. However, the Named Insured shall give written notice of such occurrence, offense or clehn to the Insurer as soon as the Flamed Incur d Is aware that this insurance may apply to such occurrence, offense or claim. S. BROAD NAMED INSURED WItO IS Ati INSURED Is amended to delete its Paragraph 3. In its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Covgo Part; or CNA74705XX (1-15) Policy No: 5019195053 Page 4 of 17 Endorsement No: 3 VALLEY FORGE INSURANCE COMPANY EtfectiVe Date: 7.22-2017 Insured Name: HARPER BROTHERS CONSTRUCTION, ILLC Copyrtghl CNA All P 9t to 13aomvad, Includaa copyrtghtod matadal al lr uranca 5nMcea attloo, Inc., ►Wth Ha parmlealon. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement b. by reason of a Named insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there Is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning Interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily Injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. $ 5. The insurance provided by this Coverage Part applies to Named insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. B. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK 5 MIN MEM A. Under COVERAGES, Coverage A -- Bodily injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k. and 1. and replace them with the following: This insurance does not apply to: k. Damage to Your Product Property demege to your product arising out of It, or any part of It except when caused by or resulting from: (1) fire; (2) smoke; (3) collapse; or (4) explosion. 1. Derange to Your Work Property damage to your work arising out of it, or any part of It and included In the products-comP1stsd operations hazard. This exclusion does not apply: (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor; or CNA74705XX (1-15) Policy No: 6018195053 Page 5 0117 Endorsement No: 3 VALLEY FORGE INSURANCE COMPANY Effective Date: 7-22-2017 Insured Name: HARPER BROTHERS CONSTRUCTION , TALC Copyright CNA All Right* Rosorved. WOW copyrighted oratorio' of lnouranco SoMc o Cttllcn, Inc., with Its pern*iuIon. CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) If the cause of foss to the damaged work arises as a result ol: (a) fire; (b) smoke; (0) collapse; or (d) explosion. B. The following paragraph is added to LiMITS OF INSURANCE: Subject to 5. shove, $100,00 is the most the Insurer will pay under CoY4ir4ge A tor 'the stlm of damages arising out of any one oettirrence because of property damage to your prodelo ; d your work that is caused by tire, smoke, col10pa0 Or sxpf:usioa and Is included within the product-corWatod opal lkva hazard. This subfimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises, was performed on the Named lnuured'e behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this poilcy. 7. CONTRACTUAL LIABILITY — RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract Is replaced by the following: ktsur.d Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that Indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Incurred with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement ar license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except In connection with work for a municipality; o. An elevator maintenance agreement; 1. That part o1 any ut1 ur craft* 1 ,or agreernef',t pertaining to the Named ured'a business (irpt~wdiny1 an InOom ,if ,l on of a of nl�Ipallly in oonniocflon with work performed for a rtt nidipaUiiyr) under 'Alen title !Netted trtauxdd aSSUITISS the tort liability of another party la pay for bodily injury or pmpality damEgt' yn; el third, p r5on I4i otiiIanixaiIon. Ton 'liability means ,a liabilityY *at wowed: be imposed by law iri the absence ol aaiy cnirs 4 it agreement. Paragraph f. does not include that part of any contract ar agreement: (1) That Indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing 10 prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or tailing to give them, If that Is the primary cause of the injury or damage; (2) Under which the Insures', if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the Insured's rendering or failure to render professional services, including those listed In (1) above and supervisory, inspection, architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY CNA74705XX (1-15) Policy No: 6018195053 Page 6 of 17 Endorsement No: 3 VALLEY FORGE INSURANCE COMPANY Effective Date: 7,22,2017 Insured Name: HARPER BROTHERS CONSTRUCTI01, LLC Gapytlpht CNA All nMgt%R awed. Incivaosssopytlphtad nitnllal at Insurrarxo sfinfloaii 0tftca, Inc., with Its psol i an. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled EXCIUeions Is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p• Access Or Disclosure Of Confidential Or Personal Information And Date -related liability Damages arising out of: (1) any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, Toss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily Injury. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses,. public relation expenses or any other loss, cost or expense incurred by the Named insured or others arising out of that which is described in Paragraph (1) or (2) above. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 6. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to DEFINITIONS: Electronic data means Information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (Including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purpesa of the coverage provided by thls ELECTRONIC DATA unany Provision, the definition of property damage in DEFINITIONS is replaced by the following: Property damage means: a. Physical injury to tangible property, including all resulting Toss of use of that property. All such Toss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that Is not physically injured. Ail such loss of use shall be deemed to occur at the time of the occurrence that caused It; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. Ail such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it, For the purposes of this insurance, mlactronic dale Is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY' Provision is part of, and not In addltion to, that higher limit. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives end spouses of any natural person Insured shall also be Insured under this policy; provided, however, overage Is afforded to such estates, heirs, legal representatives, and spouse only for CNA74705XX (1.15) Policy No: 6018195053 Page 7 of 17 Endorsement No: 3 VALLEY FORGE INSURANCE COMPANY Effective Date: 7 22-2O 7 insured Name: HARPER BROTHERS CONSTRUCTION , LLC Copyright CNA AR Rights Rimmed. Includes copyrlghtsd roatwtal of Insurance 6arvlcao ohico, Inc., with Ala permtsston, CNA CNA PA AMOUNT Contractors' General Liability Extension Endorsement dolma arising solely out of their capacity or status as such t r t. ch ifte case of 0, Opel , Wham such. ciof rig seems damages from marital community property, jointly held (property et property 4rarefbrr d frOm such natural parson Insured to such spouse. No coverage Is provided for ,any act, am r ,at GIBISBIBn of pan 08tata, hair, legal representative, or spouse outside the scope of such person's capcity or alateS AS sUclt,,prcvidad NATIVOI that hho spouse of a natural person Flamed Insured and the apposes of rntnrbors GT pal rierS of joint ventPa ar parfmnr3hip Named Insureds are lneur , s with respect to such *MO MIS, arifcrs or omissione an 'ate =condtral of tt a WOW trrsured's business. 10. EXPECTED Oil INTENDED INJURY -- EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury end Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: Thls insurance does not apply to: Expected or blended Injury Bodily Injury or property damage expected or Intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF tNSUIRANCE • PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, Is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily Injury or property dames Included in the products -completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project S. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurroncvs which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products -completed options hazard; and S. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction protect. D. When coverage for liability arising out of the products-compleled opq MS MUM l C , prOvirlool, arty f Arrit r is for dam -; _: = because of bodily injury or property damage Indudod its lima products--eo►et pil$Rod oper00143. bawd will reduce the Products-Completad Operations Aggregate Limit shove in: th + 7e,:larn.tionsp ragatdloss 'al the number of projects involved. CNA74705XX (1-15j Polley No: 6018195053 Page 8 of 17 Endorsement No: 3 VALLEY FORGE INSURANCE COMPANY Effective Date: 7-22.2017 Insured Name: HARPER BROTHERS CONSTRUCTION, LLC copyslghr CNA AM Rights Reserved. Includes copyrighted ,rnletla1 of Insurance SarvIcoo OfIloa, Inc., with Its pormlosion. CNA CNA PARAMOUNT Contractors' General liability Extension Endorsement E. If a single construction project away from premises owned by or ranted to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTION$ A quasi in rem action against any vessel owned or operated by or for the Named insured, or chartered by or for the Named Insured, will be treated In the same manner as though the action were in personam against the Named Insured, 13. INCiDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to tardily Injury that arises out of a health care Incident: A, Under COVERAGES, Coverage. A — Bodily Injury and Property Damage Liability, the paragraph entitled insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are Incidental to the Named Insured's primary business purpose, and only it: (1) such bodily injury is caused by an occurrence That takes place in the coverage tertttory, (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: I. add the following to the Employes Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability Insurance available to the !insured (or which would have been available but for exhaustion of its limits). 11. delete the exclusion entitled contractual Liability and replace it with the following: This insurance does not apply to: Contractual i+bllfty. the insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. M. add the following additional exclusions: This Insurance Boas not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an Individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicaro/Medlcald Fraud CNA74745)X (1-15) Policy No: 6018195053 Page 9 of 17 Endorsement No: 3 VALLEY FORGE INSURANCE COMPANY Effective Date: 7-22-2017 Insured Name: HARPER BROTHERS CONSTRUCTION , LLC Copyright CNA At Rights Rssotvad. Inctsufna copyrighted materiel at insurance Services Mos, Ix, with {is permission. CNA PARAMOUNT Contractors' General Liability E nsion Endorsement any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endoratment Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions; Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers In the rendering of: a, professional hsaafth care services on behalf of the Named Insured or b. Good Samaritan services rendered In an emergency and for which no payment is demanded or received. Professional health sere services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; t. Dentist; g. ,Physical therapist; h. Psychologist; I. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of or.currence and replace it with the following: Occurrence means a health care incident. Ali acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; amend the definition of insured to: e, add the following: the Named Insured's employees are insuredfls with respect to: (1) bodilyy injury to a co-emptoyse while in the course of the co-ompioyee's employment by the Named Insured or while performing duties rsiated to the conduct of the Named Insured's business; and CNA74705XX (1-15) Polley No: 6018195053 Page 10 of 17 Endorsement No: 3 VALLEY FORGE INSURANCE COMPANY Effective Date: 7-22-2017 Insured Name: TiAR PER BROTHRRS CONSTRUCTION , LLC CopydOht CNA All Rlgdrto RorK+rvod. Includon capyrlpnlod matodal of Irrsununcu Sotvlcoo Otfloa, Inc„ with Ito potmisslon. ga CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) bodily Injury to a volunteer worker while performing duties related to the conduct of the Blamed Insur rd's business; when such bodily Injury arises out of a health CCM Incident, the Named Insured's volunteer workers are Insureds with respect to: (1) bodily Injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the learned Insured or while performing duties related to the conduct of the Named Ineurod's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (te), (b), (c) and (d) of Paragraph 2.e.(1) of WHO IS AN INSURED. D. The Other Insurance condition Is amended to delete Paragraph b.(1) In its entirety and replace it with the following; Other Insurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, sell insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named insured to be excess of this coverage. 114. JOINT VENTURES / PARTNERSHIP / UNITED LIABILITY COMPANIES WHO IS AN INSURED Is amended to delete Its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured Was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an insured with respect to its interest in such Joint venture, partnership or limited liability company but only to the extent that: e. any offense giving rise to personal and advertising injury occurred prior to such termination date, end the personal and rrrdverit:Ann Injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there Is no other valid and collectible Insurance purchased specifically to insure the partnership, joint venture or limited liability company; and II the joint venture, partnership or limited liability company Is or was insured under a consolidated (wrap-up) Insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph o. above. But this provision will not serve to exclude bodily Injury, property dtunege or personal and advertising Injury that would otherwise be covered under the Contractors General Liablltty Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) Insurance program. 1$. LEGAL LIABILITY — DAMAGE TO PREMISES '/ ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL C A A. Under COVERAGES, Coverage A — Bodily Injury and Property Dam ;,a : Ltablllty, the paragraph entitled NEM— Exclusions is amended to delete exclusion J. Damage to Property In Its entirety and replace it with the following: =-- 9111.1.10 This insurance does not apply to; CNA74705XX (1-15) Page 11 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: aARPER BROTHERS CONSTRUCTION , LLC Cnpytioht CNA All Rtghte Roaenrod. Inoludoo copydghtod malorlal of Insirence Bervican o11Ico. Inc., with Its pmdosion. Policy No: 6018195053 Endorsement No: 3 Effective Date: 7-22-2o17 CNA 1• CNA PARAMOUNT Contractors' General Liability Extension Endorsement Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, If the property damage arises out of any part of those premises; (a) Property loaned to the Named Insured; (4) Personal property In the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Plernod fimsured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on It. Paragraphs (1), (3) and (4) of this exclusion do not apply to prop.rty damage (other than damage by tire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises ranted to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to prop.rty damage included in the products -completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property dames to: I. tools, or equipment the Named Insured borrows from others, nor I. other personal property of others In the Named Insured's care, custody or control while being used in the Named Insured operations away from any Named Inauret'' premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. property at a Job site awaiting or during such property's Installation, fabrication, or erection; b. property that is mobile equipment leased by an'named; c. property that is an auto, aircraft or watercraft; d. property in transit; or any portion of property damage for which the Insured has available other valid and collectible Insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of Insurance and deductible apply to such property of others. See LIr'ITS OF INSURANCE as amended below. CNA74705XX (1-15) Page 12 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: HARPER BROTHERS CONSTRUCTION , .LLC C pytlphl CNA All Rlghto Rosmrvad, Includoa copyrighlsd mniarial of (neurone SoMcaa OnkA, Inc., watt Its permfsaSon. Policy No: 6018195053 Endorsement No: 3 Effective Date; 7-22-2017 CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury and iProperty Damage LlabIllty, the paragraph entitled Exclusions Is amended to delete its last paragraph and replace it with the loliowing: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named insured or temporarily occupied by a Nursed Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph Is added to LIMITS OF INSURANCE; Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrenew because of the sum of .all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named k;mured will promptly reimburse the Insurer for any such amount. D. Paragraph 8., Damage To Promises Rented To You Limit, of LIMITS OF INSURANCE Is deleted and replaced by the following: 6, Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit Is the most the Insurer will pay under Coverage A far damages because of property damage to any one premises while ranted 10 the Named insured or temporarily occupied by the Named insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days, The Damage To Premises Rented To You Limit Is the, greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown In the Declarations, E. Paragraph 4b.(1)(a)(lI) of the Other insures Condition is deleted and replaced by the following: (1i) That Is property insurance for premises rented to the Named Inaorad, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Excluelo na Is amended to delete the exclusion entitled Liquor LIeb111ty. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17, MEDICAL PAYMENTS A. LIRAITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following; 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense, Limit is the most the Insurer will pay under Coverage C - Medical Payments for all medical expenses because of bodily Injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here; $N,NNN,NNN,NNN; or (2) the amount shown In the Declarations for Medical Expense Limit. CNA74705XX(1-15) Policy No: 60i.9195053 Page 13 of 17 Endorsement No: 3 VALLEY FORGE INSURANCE COMPANY Effective Date: 7.22-2017 Insured Name: HARPER BROTHERS CONSTRUCTION, LLC Copyright CNA NI Rights Rnaary d, Inrrudaa oopytlgrtaIxt tmial of Inauroncss Semen 011loo; Inc„ grllh.fus pwrnloalon. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, the insuring Agreomant of Coverage C — Medical Payments is amended to replace Paragraph 1.aa.(3)(b) with the following: (b) The expenses are Incurred and reported to the Insurer within three years of the date of the accident; and 18. MON-OWNED AifCIRAFT Under COVERAGES, Coverer A — Bodily bniury and Property Damage Liability, the paragraph entitled Exclusions Is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot In command holds a currently effective certificate Issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crow to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that Is not owned by any Named Insured, provided the watercraft Is: (m) less than 76 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising Injury Is amended to add the following tort: Discrimination or humiliation that results in Injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Name{ and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rigbtat Of Another and replace It with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising Iri,Jury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal end advertising Injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but. only if such discrimination or humiliation is not done Intentionally by or at the direction of: (a) the Named insured; or (b) any executiva officer, director, stockholder, partner, member or manager (if the Named insured is a limited liability company) of the Named Insured. 2. add the following exclusions: CNA74705XX (1-15) Policy No; 6018195053 Page 14 of 1? Endorsement No: 3 VALLEY FORCE INSURANCE COMPANY Effective Date: 7-22-2017 Insured Name: HARPER BROTHERS CONSTRUCTION , LLC copyfkjht CNA AO nights FlAsarvnd, hcludan copyttght matt3M of IMuanco SoAlres Ofitco, rno., with Ito pomyaalon. CNA PARAMOUNT Contractors' Ge k . ral Liability Extension Endorsement This insurance does not apply to: IEmplDymont Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any wed. Premi , s Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for tines or penalties levied or imposed by a governmental. entity because of discrimination. The covera9e provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION. OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person ororganization who otherwise qualifies as an additional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability, B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND S 1. Paragraph 2.d. Is replaced by the following: d. The allegations in the cult and the information the insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the insured and the Interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.1.(2Xb) Is deleted and replaced by the following: So long as the above conditions are met, attorneys fees Incurred by the Insurer In the defense of that indemnitee, necessary litigation expenses incurred by the insurer, and necessary litigation expenses incurred by the indemnitee al the Insurer's request will be paid as deform caste, Such payments will not be deemed to be demegea for personal d advertising Injury and will not reduce the limits of Insurance. C. Thls PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply If Coverage B—Peraonel,and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - "CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part, 22. PROPERTY DAMAGE — ELEVATORS A. Linder COVERAGES, .Coverage A -- Bodily Injury end Property Damago Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (8) of the Dam ;, to Property Exclusion do not apply to property dosage that results from the use of elevators. CNA74705XX (1-15) Policy No: 6018.195053 Page 15 of 17 Endorsement No: 3 VALLEY FORGE INSURANCE COMPANY Effective Date: 7.22-2017 Insured Name: HARPER BROTHERS CONSTRUCTION , LLC Copyright CNA All Rips Roomed. Inc urdoa copydpnlod mortal or Insurance Servlceo glilce, Inc., wlih It pee ion. CAA CNA PARAMOUNT Contractors' Goners( Liability Extension Endorsement D. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or an any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND R Is amended as follows: A. Paragraph 1.b. Is amended to delete the $250 limit shown for the cost of bail bonds and replace It with a $5,000, limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily Toss of earnings and replace it with a $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Irisurod's Coverage Part, the insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Agelrut Others To Us is amended to add the following; The Insurer waives any right of recovery the insurer may have against any person or organization because of payments the Insurer makes for Injury or damage arising out of: 1. the Named Ineurcd'e ongoing operations; or 2. your work included in the products-compiatad operational hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only If such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2, was executed prior to the bodily injury, property damage or personal and edve tiaing Injury giving rise to the claim. 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project In the state of Alaska, that Is not permitted to be insured under a conaolldatad (wrap-up) Insurance program by applicable state statute or regulation. 11 the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C;I.P.) is attached, then the following changes apply; A. The following wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) Insurance program project In which the Named Insured Is or was involved, this exclusion does not apply to those sums the Named !neurred become legally obligated to pay as damages because of; 1. Bodily Injury, pro.+arty damage, or personal or edvertriaing Injury that occurs during the Named insured'e ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor CNA74705XX (1-15) Policy No: 6018195053 Page 1 s of 17 Endorsement No: 3 VALLEY FORGE INSURANCE COMPANY Effective Date: 7-22-2017 Insured Name: HARPER BROTHERS CONSTRUCTION , LLC 0opKl9hl CNA AU ROW Renervad, Includel3 copplorned rr torIaI of Inuuranco Survlcaa One, Inc., lath Itn porndaelon. CNA CNA PARAMOUNT Contractor ° General Liability Extension Endorsement 2. Bodily injury or property dams .e Included within the prPduote-completed operettas h • that arises out of those portions of the project that are not r ° tdsntisl structures. B. Condition 4. Other Insurance is amended io add the following subparagraph 4.b.(1XC): This insurance is excess over: (c) Any of the other Insurance whether primary, excess, contingent or any other basis that is insurance available to the Named lneurod.as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Ineurod's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wr7i ,:p) inaurnota program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured .general liability insurance covering some or all of the contractors or subcontractors Involved in the project, such as an Owner Controlled Insurance Program (O.C,I.P) or Contractor Controlled Insurance Program (C,C,I,P.). Residential structure means any structure whore 30% or more of the square foot area is used or Is Intended to be used for human residency, including but not limited to: 1. single or multifamily housing, aparinents, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (Including pools, hot tubs, detached garages, guest houses or any similar structures), However, when there is no individual ownership of units, residential structre does not includemilitary housing. S college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also Q does not include hospitals or prisons, This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Cover. . Part. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy Issued by the designated Insurers, takes effect on the affective date of said Policy at the hour stated in said Polley, unless another effective date is shown below, and expires concurrently witti said Policy, 'CNA74705XX (1-15) Page.17 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: HARPER BROTHERS CONSTRUCTION, LLC Copyright CNA All F}Ighte Reeorwd. Inctudoa oopyrlphted inetoilal at I Policy No: 6018195053 Endorsement No: 3 Effective Date: 7-22-2017 t&ance 3erWcea Otflce, Inc, wlthJta perrrhol©n. BHA CNA PARAMOUNT Blanket Additional Insured p Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, If any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an insured only with respect to such person or organization's liability for: A. unless paragraph B. below applies, 1. bodily injury, property damage, or personal and advertising injury caused in whole or In part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified in such written contract; or 2, bodily Injury or property damage caused in whole or In part by your work and Included in the products - completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: s 1. this coverage part provides coverage for bodily injury or property damage included within the products 0 completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. I II. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. Ili. The Insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: pemeng A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, Inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this Insurance is required by written CNA75079XX (1-15) Policy No: 6018195053 Page 1 of 2 Endorsement No: 5 VALLEY FORGE INSURANCE COMPANY Effective Date: 7.22.2017 Insured Name: HARPER BROTHERS CONSTRUCTION, LLC Copyright CNA All Rights Reserved, Includes copyrighted malarial of Insurance Services Of fca, Inc., with IN permission, CA PARAMOUNT Blanket Additional Insured A Owners, Lessees or Contractors o with Products -Completed Operations Coverage Endorsement contract to be primary and non-contributory, this insurance will be primary and non-contributory relative solely to Insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional Insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers recelVed, and otherwise cooperate with the Insurer in the Investigation, defense, or settlement of the claim; and 4. tender the defense and Indemnity of any claim to any other Insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to Insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional Insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. Vi. Solely with respect to the Insurance granted by this endorsement, the section entitled DEFINITIONS Is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional Insured on this coverage part, provided the contract or agreement: A. is currently In effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional Insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. Ali other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of sald Policy at the hour stated in said Policy, unless another effective date Is shown below, and empires conclArrenlly with said Policy. CNA75079XX.(1 -1 5) Page 2 of 2 VALLEY FORGE INSURANCE COMPANY Insured Name: HARPER BROTHERS CONSTRUCTION, LLC Copyright CNA All nights Reserved. Includes copyrighted material of Insurance Services Office,- Inc., with its permission. Policy No: 6018195053 Endorsement No: 5 Effective Date: 7.22.2017 CNA Harper Brothers Construction LLC P#6 18195007 7/22/2017 - 7/22/2018 CNA63359XX (Ed. 04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following Is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an 'insured" . under any other liability °policy" providing "auto" coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership Interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) 'Bodily injury' or "property damage' caused by an °accident° that occurred before you acquired or formed the organization; or (2) Any such organization that is an "insured" under any other liability "policy' providing "auto" coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an "insured" but only with respect to their legal liability for acts or omissions of a person, who qualifies as an "insured' under Section II - Who Is An Insured and for whom Liability Coverage is afforded under this paiicy. if required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An "employee' of yours is an 'insured' while operating an °auto' hired or rented under a contract or agreement in that 'employee's' name, with your permission, while performing duties related to the conduct of your business. 'Policy," as used in this provision A. Who Is An Insured, includes those policies that were in force on the Inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. 8. Bail Bonds end Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of ball bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible Insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered "auto,' any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section ID, Paragraph A.4.a. Is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses Incurred by you, to provide: a. $1,000 maximum, in lieu of $600. CNA63359XX Copyright, CNA Corporation, 2000. (Ed. 04/12) includes copyrighted material of the Insurance Services office used with lie permission. Page 1 of 3 D. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered "auto" you lease, hire, rent or borrow without a driver; and b. Any covered "auto' hired or rented by your "employee" without a driver, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one "accident' or "loss" is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto, No deductible applies to 'loss' caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned °autos.° e. Such physical damage coverage for hired 'autos' will: (1) Include loss of use, provided It is the consequence of an 'accident" for which the Named insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per 'accident." E. Airbag Coverage The following is added to Section III, Paragraph B.S.: The accidental discharge of an airbag shall not be considered mechanical breakdown. F. Electronic Equipment Section III, Paragraphs B,4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered 'auto° also applies to "loss' to any permanently Installed electronic equipment including its antennas and other accessories. 111. CNA63359XX (Ed. 04/12) , d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section IiI, Paragraph B.6.: Subject to the following, the 'diminution in value" exclusion does not apply to: a. Any covered 'auto" of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or Tess, while performing duties related to the conduct of your business; and b. Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a period of 30 days or less, under a contract in that individual 'employee's" name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a °diminution in value' loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for °loss" to a covered 'auto' in any one accident is the lesser of: (1) $5,000; or (2) 20% of the 'auto's" actual cash value (ACV). Drive Other Car Coverage — Executive Officers The following Is added to Sections 11 and IIi: 1. Any 'auto' you don't own, hire or borrow is a covered 'auto" for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your 'executive officers,' except: a. An °auto° owned by that °executive officer" or a member of that person's household; or b. An 'auto" used by that "executive officer' while working in a business of selling, servicing, repairing or parking 'autos.' Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered 'auto and CNA63359XX Copyright, CNA Corporation, 2000, (Ed. 04/12) Includes copyrighted material of the Insurance Services office usod tat h Its permission. Page 2of3 Ilmmmosi (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by- laws or any other similar governing document, and, while a resident of the same household, includes that persons spouse. Such "executive officers" are "insureds" while using a covered "auto' described In this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: (4) Your "employees" may know of an "accident" or "loss." This will not mean that you have such knowledge, unless such "accident" or "loss" is known to you or if you are not an Individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your "employees" may know of documents received concerning a claim or "suit.' This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an Individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.S. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for Injury or V. CNA63359XX (Ed. 04/12) damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from US. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an "accident" or "loss." C. Concealment, Mlsrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission Is not intentional. D. Other Insurance The following is added to Section iV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to "Accident" or 'Loss." E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). Is revised to provide: a. 45 days of coverage in lieu of 30 days. DEFINITIONS Section V. Paragraph C. is deleted and replaced by the following: "Bodily Injury' means bodily Injury, sickness or disease sustained by a person, Including mental anguish, mental injury or death resulting from any of these. CNA63359XX Copyright, CNA Corporation, 2000. (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with Its permission. Page 3 of 3 ACCPRCY INSURANCE BINDER DATE THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON PAGE 2 OF THIS FORM. AGENCY NM Insurance Group. Troy Office 1175 W. Long Lake Ste. 200 Troy MI 48098-4960 COMPANY Continental Casualty Co BINDER # s1782266752 DATE EFFECTIVE TIME DATE CXPIRATION TIME 8/22/2017 12:01 x AM PM 8/22/2018 -X 12:01AM NOON (C No' Extl: (248) 828-3377 FAX No (248) 828-3741 'THIS BINDER IS ISSUEDTO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY —J PER EXPIRING POLICY tR QUOTE - CODE SUB CODE: CUSTQMERID; 00122853 DESCRIPTION OF OPERATIONS/ VEHICLES/ PROPERTY (Including Location) Project Location: 3919 Liberty Drive, Poarland, TX independence Park Phase I INSURED AND MAILING ADDRESS Harper Brothers Construction, LLC 654 N. Sam Houston Parkway Suite 100 Houston 1 TX 77060 COVERAGES TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS .% AMOUNT PROPERTY — x CAUSES OF LOSS Builders Risk Property In Transit Temporary Storage Limit 5,000 5,000 5,000 100 3,500,000 250,000 250,000 BASIC I J BROAD I x J SPEC Replacement Cost GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY RETRO DATE FOR CLAIMS MADE: EACH OCCURRENCE DAMAGE TO RENTED PREMISES $ CLAIMS MADE OCCUR MED EXP (Any ono porson) $ PERSONAL 8, ADV INJURY $ GENERAL AGGREGATE. $ PRODUCTS -COMP/OP AGO $ VEHICLE — LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ EODILY INJURY (Par porson) S. BODILY INJURY (Par accIdent) $ PROPERTY DAMAGE $ MEDICAL PAYMENTS $ PERSONAL INJURY PROT $ UNINSURED MOTORIST $ $ VEHICLE PHYSICAL DAMAGE DED COLLISION: I. ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE $ STATED AMOUNT OTHER THAN COL: I GARAGE J LIADILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY; EACH ACCIDENT $ AGGREGATE $ '''E''X^^^C��� EXCESS I LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: EACH OCCURRENCE $ AGGREGATE $ SELF -INSURED. RETENTION $ WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY PER STATUTE Et EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE. POLICY LIMIT $ SPECIAL CONDITIONS! OTHER COVERAGES FEES $ TAXES ESTIMATED TOTAL PREMIUM $ NAME & ADDRESS MORTOAGEE LOSS PAYEE ADDITIONAL INSURED LOAN It; AUTHORIZED REPRESENTATIVE Robert Trobec/V46 ACORD 75 (2013/09) INS075 (201308) Page 1 of 2 11993-2013 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 00122853 CONDITIONS This Company binds the kind(s) of insurance stipulated on page 1 of this form. The Insurance is subject to the terms, conditions and limitations of the policy(ies) in current use by the Company, This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in Arizona Binders are effective for no more than ninety (90) days. Applicable in California When this form is used to provide insurance in the amount of one million dollars ($1,000,000) or more, the title of the form is changed from "Insurance Binder" to "Cover Note". Applicable in Colorado With respect to binders issued to renters of residential premises, home owners, condo unit owners and mobile home owners, the insurer has thirty (30) business days, commencing from the effective date of coverage, to evaluate the issuance of the insurance policy. Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder Includes or is accompanied by: the name and address of the borrower; the name and address of the lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancellation at least ten (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable in Florida Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the duration of the binder exceeds 60 days, For auto insurance, the insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder in the same company. Applicable in Maryland The insurer has 45 business days, commencing from the effective date of coverage to confirm eligibility for coverage under the insurance policy. Applicable in Michigan The policy may be cancelled at any time at the request of the insured. Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. Applicable in Oklahoma All policies shall expire at 12:01 a.m. standard time on the expiration date stated in the policy. Applicable in Oregon Binders are effective for no more than ninety (90) days. A binder extension or renewal beyond such 90 days would require the written approval by the Director of the Department of Consumer and Business Servioes, Applicable in the Virgin Islands This binder is effective for only ninety (90) days. Within thirty (30) days of receipt of this binder, you should request an insurance policy or certificate (if applicable) from your agent and/or insurance company. ACORD 75 (2013/09) Page 2 of 2 INS075 (2.01309) fto) 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 (b) cancellation, termination or suspension of the contract, in whole or in part. (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. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2017-254096 Date Filed: 08/25/2017 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. HARPER BROTHERS CONSTRUCTION, LLC HOUSTON, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. CITY OF PEARLAND 3 Provide the identification number used by the governmental entity'or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. P20001 INDEPENDENCE PARK PHASE 1 CONSTRUCTION PROJECT 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. © 4,atNnn1111u 6 � AFFIDAVIT �Om .oRRE$ i4 �,a �•k ,,,,.•...••Nip�� y� I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. 4'•Cq`P Y !.�• Fes„ N� l` \, CO••u �' �,yy°.�c Of � :: �,. �,i i6nature of authorized agent of contracting business entity 1., •" . kPI R�"? .•• ��s . . AFFIX NOTA'IR� egqfvl�•t�QObVE Sworn to and subscribed before me, by the said JQE HARPER this the 2 sTx day of AUGUST 20 17 to certify which, witness my hand and seal of office. OFFICE MANAGER I.� !MATE I ER TOR1tES Signatbfe of officer admnistering oath Printed name of officer administering oath Title of officer administering oath orms provided by Texas Ethics Commission www.ethics.state.tx. us Version V1.0.3337 r• CITY OF PEARLAND Section 00610 PERFORMANCE BOND Bond No. 35BCSHS7711 STATE OF TEXAS COUNTY OF BRAZORIA PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That Harper Brothers Construction, LLC of the City , of Houston County of Harris , and State Of Texas, as principal, and Hartford Fire Insurance Company 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 surn of ITilt=tnerZuglinigciNFO(r):1TZ o(ST3TradZOOL)F 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: WPIEREAS, the Principal has entered into a certain written contract With the Owner, effective as of the 28th day of August , 20 17 , (the "Contract") to commenceand complete the construction of certain improveinents, described as follows: Independence Park Phase 3919 Liberty De, Pearland, TX 77581 City of Pearland, Texas COP PN: P20001 BID NO.: 0617-45 Will011 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 013LIGATION IS SUCK 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 am,ended and all liabilities on this bond shall be deterinined 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 perforined thereunder, or the plans, specifications, or dtawings 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 of2 CITY OF PEARLAND PERFORMANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and •sealed this instrument this 28th day of August 20.17 Principal: jla.. r Bro hers Construction LLC Title: CEO Address: Surety:Hartford Fire Insurance Company By Susan Susan L. Small, Title: Attorney -In -Fact Address: 654 N Sam Houston Pkwy E Ste 330 One Hartford Plaza, T-4 Houston, TX 77060 Hartford, CT 06115 Telephone: 713493'4593 Telephone: (248) 822-6456 Fax: 713-.893-0048 Fax: (248) 822-6450 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO VVIIICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL -FREE TELEPHONE NUMI3ER; 1-800-252-3439. •END OF SECTION 12/2007 00610 -2 of 2 CITY OF.FR RLA D PAYMENT BOND Section 00611 PAYMENT BOND Bond No. 35BCSHS7711 STATT;OF TEXAS §, COUNTY OF BRAZORii<A § KNOW ALL 7VlEN BY THESE PRESENTS; That Harper Brothers Construction,LLC of >the City. of Houston , County of Harris , and State .of Texas, as principal, and Hartford Fire Insurance Company 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 Thr©©Million Four Mundrvd Forty Two Thvu9anu Four (Owner), in the penal sum.of $ Huntlrod TwAnty Faur and NoneliQp tS�3.442;424Go1 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 28th day of August , 20. 17, (the "Contract") to commence and complete the construction: of certain; improvements described as follows: Independence ; Park Phase 1 3919 Liberty Dr, Pearland, TX 77581 City of Pearland, Texas COP PN; P20001 JD NO:: 0617-45 which Contract, .including the Contract Documents as. defied therein, is hereby referred to and made apart hereof as fatly and to .the same extent as if copied at length herein. NOW THEREFORE, TtiE CONDITION OF THIS 013LIGATION IS SUCH, that" if :the said Principal shall pay all claimants supplying labor or material to hhrt or a subcontractor in the prosecution of the Work provided .for in said Contract, then, this obligations shall be void; otherwise toremain.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 performedthereunder, or the plans, specifications, or drawings accompanying; the same, shall in any way affect its obligation on this bond, and it does hereby waivenotice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder,. 0712006 00611 1 of 2 CITY OF PEARLAND IN WITNESS WHEREO this. 28th day of PAYMENT BOND, lie said Principal and Surety have signed and sealed this instrument August : 20 17,. Principal: Harp s` B'rothers "Construction LLC Surety: Hartford Fire Insurance Company By: on Harper Title: CEO Address: 654 N Sam:Houston Pkwy E Ste 3:30 Houston TX 77060 Telephone 713.893-4593 Fax: 7,13-893-0048 By: Susan L, Small Title: Attorney -In -Fact Address: One Hartford Plaza, T-4 Hartford, CT 06115 Telephone: (248) 822-6456 Fax:. (248) 822-6450 NOTICE: THE ADDRESS OF THE SURETY COIVIMPA NY TO WHICH ANY NcaCE OF CLAIM SFIOULD BE SENT MAY t E OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL -FREE TELEPHONE NUMBER; 1-80O-252-3439. END OF SECTION 07/2006: 00611: 2 of2 CITY OF.PEARLANr' ONE-YEAR i AINTENANCE BOND Section 00612 ONE-YEAR MAINTENANCE ANCE BOND Bond No. 35BCSHS7711 STATE OF TEXAS COI NTY OF BRAZORIA § ,KNQW ALL: MEN B.Y'THESE PRESENTS; That Harper Brothers Construction, LLC . of the City of Houston County of Harris , and. State of Texas, as principal, and Hartford Fire Insurance Company authorized under the laws ofthe State of Texas to act aa surety on bonds for principals, are held and : firrrtly bound unto City of Pearland as Obligee Throo �dlllvn Four Hundr®d Fony Two Thouennd Faur (Owner), in the. penal sum of H�,;14 T 2 F�„ "Zi N,.°,`,V ATg q�� nnS for the paymentwhereof, 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 28th day of August ; 20 17 , (the "Contract") to continence and complete the constritetion: of certain improvements described as follows: IndepeNndence Park Phase 1 3919 Liberty Dr, Peatland,:TX`77581 City of Pearland,. Texas COP PIN P20001 BID. NO.: 0617-45 which Contract is hereby referred to and made ,a part, hereof :as fully and to the sane 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 term`s 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 00G 12 - 1 ot'2 CITY OF PEARLAND ONE-YEAR IVIAINTENANCE BOND 1N WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 28th day of August , 20 17 . Principal: Harp rothers Construction LLC Surety: Hartford Fire Insurance Company By: 4ibflHaIper By: Susan L. Sniall Title: CEO Title: Attorney -In -Fact Address: Address: 654 N Sam Houston Pkw.y E Ste 330 One Hartford Plaza, T-4 Houston., TX 77060 Hartford Telephone: 713-893-4593 Telephone: (248) 822-6456 Fix: 713-893-0048 Fax: (248) 822-6450 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTliCE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL.FREE TELEPHONE NUMBER.; 1-800-257-3439. END OF SECTION 07/2006 00612 - 2 of 2 POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS THAT: Directlnquirles/Cialms to: THE HARTFORD BOND, T-12 Ono Hartford Plaza Hartford, Connecticut 06155 Bond,CI imsrrDthohartford.corn calf 688.266-3488 or fax: 860.757•6835 Agency Name: VTC INSURANCE GROUP Agency Code: 35-351225 (x I Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana X. Hartford Accident and Indemnity Company, a corporation duiy organized under the laws ofthe State ofConnecticul Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the. State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws attic Slate of Indiana n Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited : Susan L. Small of Farmington Hills MI, Jeffrey A. Chandler, Alan P. Chandler, Ian J. Donald, Wendy L. Hingson, Kathleen M. Irelan, Meagan Kress, Robert Trobec of TROY, Michigan their true and lawful Attorney(s)-in-Fact, each in thelr separate_ capacity if more than one is named above, to sign its name as surety(les) only as delineated above by ►:+, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and Its corporate seals to be hereto affixed, duly attested by its Assistant Secretary, Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. John Gray, Assistant Secretary STATE OF CONNECTICUT ss- Hartford COUNTY OF HARTFORD On this 11th day of January, 2016, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Senior Vice President of the Companies, the corporations described in and which executed the above Instrument; that he knows the seals of the said corporations; that the seals affixed to the sald Instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. M. Ross Fisher, Senior Vice President Nora M. Strauko Notary Publio CERTIFICATE My Commission Expiros March 31, 2018 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which Is still In full force effective as of August 28th, 2017 Signed and sealed at the City of Hartford. Kevin Hackman, Assistant Vico President IMPORTANT NOTICE To obtain information or make a complaint: You may contact your agent. You may call Hartford Insurance Group at the toll free telephone number for information or to make a complaint at 1-800-392-7805 You may also write to The Hartford: The Hartford Hartford Financial Products . 2 Park Avenue, 5th Floor New York, New York 10016 1-212-277-0400 'You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance P.Q. Box 149104 Austin, TX 78714-9104 Fax Number (512) 475-1771 Web: http:/1www.tdi.state.tx.us E-mall: ConsumerProtection@tastate.tx.us PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute Is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: Thls notice is for your information only and does not become a part or condition of the attached document. F-4275-1, ./TX4275-1 HR 42 H006 00 0807 AVISO IMPORTANTE Para obtener informacion o pare someter una queja. Puede comunicarse con su agent°. Usted puede Ilarriar al num ero de telefono gratis de The Hartford Insurance Group para Indormacion o pare someter una queJa al 1.800.392-7805 Usted tambien puede escribir a The Hartford. The Hartford Hartford Financial Products 2 Park Avenue, 5th Floor New York, New York 10016 1-212-277-0400 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de .companfes, coberturas, derechos o quejas al: 1-800-262-3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 Fax Number(512) 475-1771 Web: http://www.tdi,state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con su agente primero. Si no seresuelve to disputa, puede entoncos comunicarse con el departamento (TDI). . UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicfon del documento adjunto. CITY OF PEARLAND PARTIAL WAIVER OF LIEN Section 00615 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 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. State of County of Subscribed and sworn to, before me, this My Commission Expires: Signature Printed Name & Title Company Name day of , 20 Notary Public 5-12-12 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT 1.0 DEFINITIONS AND INTERPRETATIONS. 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CON TRACTOR 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 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) (6) (7) (8) Addenda, if any; Plans and Specifications referenced or included in the Project Manual; Instructions to Bidders; Bid Proposal; and 10-2012 00700 - 1 of 36 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", 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 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 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 PEARLAIVD 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 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 CON "TRACTOR 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 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 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 fmal 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 fmal 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 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 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/orquantity 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 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 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 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 set 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, orsublet 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 Contractshall not relieve the CONIRACTOR 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 inexcess of $25,000.00, the CONTRACTOR shall execute separate Performance, Payment and Maintenance Bonds, each in the sum of one hundred percent (100%) of 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 CON TRACTOR 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 accordingto 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, 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 CON 1RACTOR'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 removeall 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 such 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, 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. 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 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 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 businessis 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 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 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, 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 HEREUNDER. 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 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 mobilizationas 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 thework 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 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 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. 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 of 36 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 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 CONTRACTORand 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 "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 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 fmal 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 payment of the Retainage withheld from the Contract 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 fmal 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 fmal 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) (g) 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; 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 OWNER. 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 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. (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 CON "TRACTOR 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 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 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 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 fmal 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 fmal 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. 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 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 casesuch 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. 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. 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 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 CON TRACTOR to carry the whole Work to completion and which cannot be utilized. The ENGINEER shall then make a fmal 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 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 notwithstandingany 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 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 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." I. 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: (5) (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; 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 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 [Contractor's Company Name] (hereafter "CONTRACTOR") and the City of Pearland (hereafter "OWNER") for the Project known as [Official Project Title] (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.] 05/2007 00700 - B2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (w-\ 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.] 07/2006 00700 - B3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT 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 P,earland, 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' minimumrequirements 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, unlessa 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: 10-2012 00700 - C2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT t'w 4.1 Commercial General Liability Insurance 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 General Aggregate Limit Product -Completed Operations Aggregate Limit Personal and Advertising Injury Limit 4.1.4 Required Endorsements $1,000,000 $2,000,000 $2,000,000 $1,000,000 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 Foini. 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. 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 Foini. 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 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. 10-2012 00700 - C5 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.2 Covered Property. Such insurance shall cover: Form 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. 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 completion of project (where applicable) ii. Agreed value iii. Damage arising from error, omission or deficiency in construction methods, design, specifications, workmanship or materials, including collapse iv. Debris removal additional limit v. Earthquake (where applicable) vi. Earthquake sprinkler leakage (where applicable) vii. Expediting expenses viii. Flood (where applicable) ix. Freezing x. Mechanical breakdown, including hot & cold testing (where applicable) xi. Notice of cancellation, non -renewal or $ TBD Included without sublimit Included without sublimit 25% of direct damage loss $ TBD $ TBD $ TBD $ TBD Included without sublimit Included without sublimit 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 xiv. Pollutant clean-up and removal xv. Preservation of property xvi. Replacement cost xvii. Theft xviii. Waiver of subrogation as required in G, below. Included without sublimit $ TBD Included without sublimit Included Included without sublimit Included 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 Occurrence, except b. Delayed Opening Waiting Period c. Flood, Per Occurrence d. Earthquake and Earthquake Sprinkler Leakage, Per Occurrence $5,000 5 Days $25,000 or excess of NFIP if in Flood Zone A, B or V $25,000 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 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 insurance, and endorsements. 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 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. 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. 10-2012 00700 - C10 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: telephone: 281. 652. 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 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 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 be required to provide an on -site construction office for the duration of this project. Additional Notes: Stabilized Fill: All fill required for the project shall be excavated from the pond area. Excavated fill shall be lime stabilized as necessary to meet the requirements of the fill areas. Restroom: General Contractor is responsible for preparing the pad location of the restroom pre - purchased by the City to the requirements of the restroom manufacturer. General Contractor must coordinate with restroom contractor. Stage: General Contractor is responsible for the total fill and grading adjacent to the area of the stage pre -purchased by the City. General Contractor must coordinate with stage contractor. GatorBar (Alternate 3): Basalt Fiber Reinforced Polymer (BFRP) rebar, known as GatorBar, may be used in lieu of reinforcing steel for sidewalk construction. GatorBar is manufactured by: Neuvokas Corp.; 3206 Number 6 Road, PO Box 220, Ahmeek, MI 49901; (906)934-2661; http://www.neuvokascorp.com/ There is an anticipated cost savings in both material and labor due to GatorBar's lightweight characteristic and ease of handling. The base bid for the project shall reflect cost using traditional steel rebar. Cost savings from using GatorBar will be shown in Alternate 3. 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.) 10-2012 00811 - 1 of 1 General Decision Number: TX170282 04/14/2017 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 awarded (and any solicitation was issued) on or after January which the contract is 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 (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 1 01/13/2017 * SFTX0669-001 04/01/2017 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) $ 29.03 15.84 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 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 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 00811-3 A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "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. 00811-4 WAGE DETERMINATION APPEALS PROCESS 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 Avenues 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. /-) 00811-5 END OF GENERAL DECISIONh 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. END OF GENERAL DECISION 00811-6 CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 1 TECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS NOTE: Specification Sections appearing in bold in the Table of Contents can be found on the City of Pearland Website at https://www.pearlandtx.gov/departments/engineering-and-capital- projects/ent ineerint /standard -construction -documents (or at http://www.pearlandtx.gov/ by going to the Department of Engineering, Engineering Construction Documents). 04/2008 CITY OF PEARLAND SUMMARY OF WORK Section 01100 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: B Demolition and Removal: 1) Remove specified portions of existing pavement and trees, 2) Remove existing sanitary sewer lift station, 3) Demolish and fill old force main and manhole. C Construction: 1) Furnish, Install, Maintain, and Remove SWPPP items and Tree Protection Fencing, 2) Excavate lake area and place excavated earth to fill areas within the park per the grading plans and construct the berm over culvert tunnel, with associated guardrails, gates, etc., 3) Construct new road, parking lot, and left - turn lane, 4) Construct new sidewalks, 5) Install new lights and electrical service with all associated wiring per electrical plans, 6) Excavate location for new restroom slab and bring utilities within five feet of slab location, 7) Install new gravity sanitary sewer line and waterline, 8) Coordinate with City's Contractors on installation of Pre -Purchased Equipment, 9) Furnish and install site amenities; such as flagpoles, 10) Furnish and install complete planting and irrigation system per plans (including 2-inch water meter and pump station), 11) Re-establish bermuda turf in all areas affected by construction. D Maintenance: 1) Contractor is responsible for maintenance of park within the construction zone until final acceptance. 1.03 WORK BY OWNER A In preparation for this contract, City of Pearland shall demolish and remove: 1) Existing restroom building, 2) Existing picnic tables (PPARD can relocate if desired), 3) Existing BBQ area, including structures and pavement, 4) Existing maintenance storage areas B Construction: 1) Provide and Install gates at Pearland Parkway entrance to be utilized during park closure, 2) Provide and Install maintenance access gates at Liberty Drive entrance, 3) Restripe existing pavillion with multiple options. 1.04 OWNER FURNISHED PRODUCTS 08/2016 01100 - 1 of2 CITY OF PEARLAND SUMMARY OF WORK A Pre -Purchased equipment: 1) New restroom building from Corworth, 2) Entry Monument Sign, 3) New Turnkey Playground, 4) New Turnkey Stage with Dressing/Restrooms. Contractor is responsible for coordinating the installation of Pre -Purchased equipment. B Owner installed: 1) Gates at Pearland Parkway entrance, 2) Maintenance access gates at Liberty Drive entrance, 3) Mobile hub for vendor power access, 4) Flags for flagpoles 1.05 WORK SEQUENCE A 1) Portions of Park in construction area will be closed and turned over to the Contractor. 2) Contractor to provide Schedule of Work. 3) Contractor is responsible for coordinating with all other trades to ensure timely completion of the project according to plans. B Contractor to submit project schedule to Engineer & Owner for approval as specified in Section 01350 — Submittals. C Contractor shall coordinate the Work with the Engineer and Owner as specified in Section 01310 - Coordination and Meetings. 1.06 FUTURE WORK A N/A 1.07 CONTRACTOR'S USE OF PREMISES 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 08/2016 01100-2of2 CITY OF PEARLAND — SPECIAL PROVISION MEASUREMENT AND PAYMENT PROCEDURES SECTION 01200 S MEASUREMENT AND PAYMENT PROCEDURES The following special provision modifies specification Section 01200 — Measurement and Payment Procedures Standard Specification. Where a portion of the Specification is modified or deleted by this Supplementary Specification, the unaltered portions of the Specification shall remain in effect. The text in BOLD shall be added. The text shown with a STRIKE THROUGH shall be removed. 1.05 PAYMENT E The payment for each applicable Section of work will not be paid as described in each individual Section but instead will be paid within the lump sum price for the entire project. END OF SUPPLEMENTAL 06/2017 01200S-1 CITY OF PEARLAND SITE WORK DIVISION 2 TECHNICAL SPECIFICATIONS DIVISION 2 SITE WORK NOTE: Specification Sections appearing in bold in the Table of Contents can be found on the City of Pearland Website at https://www.pearlandtx.gov/departments/engineering-and-capital- projects/engineerint /standard -construction -documents (or at http://www.pearlandtx.gov/ by going to the Department of Engineering, Engineering Construction Documents). 03/2017 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION SITE PREPARATION SECTION 02200 S SITE PREPARATION The following supplement modifies specification Section 02200 — Site Preparation Standard Specification. Where a portion of the Specification is modified or deleted by this Supplementary Specification, the unaltered portions of the Specification shall remain in effect. The text in BOLD shall be added. The text shown with a STRIKE THROUGH shall be removed. 3.0 EXECUTION 3.01 CLEARING AND GRUBBING C Completely remove stumps, roots, and other debris protruding through ground surface. 4. Any exposed roost are to be cut cleanly to a depth of 2" below ground surface. No pulling or breaking. 3.02 TOPSOIL STRIPPING AND STOCKPILING B Excavate topsoil for esplanades and areas to receive grass or landscaping from areas to be further excavated and areas that will receive greater than 4 inches of fill, as per the plans. END OF SUPPLEMENTAL 03/2017 02200S-1 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION CONCRETE SIDEWALKS SECTION 02771 S CONCRETE SIDEWALKS The following supplement modifies specification Section 00000 — [Section Name] Standard Specification. Where a portion of the Specification is modified or deleted by this Supplementary Specification, the unaltered portions of the Specification shall remain in effect. The text in BOLD shall be added. The text shown with a STRIKE THROUGH shall be removed. 1.01 SECTION INCLUDES B. Reference to Technical Specifications: 5. Section 02771.1— Basalt Fiber Reinforced Polymer 2.01 MATERIALS G. Basalt Fiber Reinforced Polymer (BFRP) rebar may be used in lieu of reinforcing steel for sidewalk construction. Conform to requirements of Section 02771.1 - Basalt Fiber Reinforcement Polymer. BFRP rebar (GatorBar) shall be manufactured by: Neuvokas Corp.; 3206 Number 6 Road, PO Box 220, Ahmeek, MI 49901; (906) 934- 2661; http://www.neuvokascorp.com/ It is anticipated that there will be a cost savings in both material and labor due to its lightweight characteristic and ease of handling. The base bid for the project shall reflect costs using traditional steel rebar. Cost savings from using GatorBar will be shown in Alternate 3. END OF SUPPLEMENTAL 03/2017 02771S-1 NEUVOKAS CORPORATION SUBMITTAL FOR SECTION 02771.1 BASALT FIBER REINFORCED POLYMER (BFRP) FOR CONCRETE REINFORCEMENT 1.1 Description. This work consists of furnishing and placing basalt fiber reinforced polymer (BFRP) reinforcement as detailed on the plans and specified herein. 1.2 Materials. Furnish BFRP reinforcement that meet the following material specifications and requirements and are fabricated in accordance with the details on the plans. The size of BFRP bars shall be consistent with typical standard sizes of steel reinforcing bars. A. Fibers. Use fibers in the form of unidirectional rovings of given size and weight with fiber sizing and coupling agents that are compatible with the resin system used to impregnate them. The BFRP reinforcement must contain 70 percent minimum, by weight of basalt fiber. B. Resin Matrix. Use commercial grades of epoxy resin. Ensure the base polymer in the resin system does not contain any polyester. Polyester based resin will not be permitted in the manufacturing process of the bar. Ensure the glass transition temperature (Tg) of the resin is not less than 212 degrees Fahrenheit (F). The glass transition temperature of the resin does not represent a service level maximum temperature, but a quality assurance tool used by the manufacturer. Test the resin matrix in accordance with the Differential Scanning Calorimetry (DSC) method as described in ASTME 1356. C. Fillers: Inorganic fillers and secondary fibers may be used, but their quantity shall not exceed 20% by weight of the base polymer resin specified. Commercial grade additives and process aids such as release agents, low profile shrink additives, initiators, promoters, hardeners, catalysts, pigments, fire -retardants, and ultra violet inhibitors are permitted and depend on the process method. If used, limit shrink additives to less than 20% by weight of the polymer resin. D. Mechanical properties. Furnish BFRP with the following minimum requirements: 1. Tensile Strength: this property varies with bar size. The minimum tensile strength of BFRP reinforcement is listed in Table 1. Testing shall be in accordance to ASTM D7205. Table 1. Minimum Tensile Strength Reuuirements Bar Size Minimum Tensile Strength (ksi) 3 140 2. Tensile Modulus: The nominal tensile modulus of elasticity shall average 5,700 ksi according to ASTM D7205. 3. Transverse Shear: Transverse shear is tested according to ASTM D7617. The minimum transverse shear for all bars shall be 20 ksi. 4. Moisture Absorption: Moisture absorption tests shall be determined in accordance with ASTM D570. The maximum value of this test shall follow ACI recommendations and be less than 1.0%. 1 of 3 09-12-2016 NEUVOKAS CORPORATION BASALT FIBER REINFORCED POLYMER 5. Bond Strength: The guaranteed bond strength for all bars must follow ACI recommendations of ACI 440.6-08, 1.4 ksi. The manufacturer is to disclose the test method used for testing bond strength. A suggested test method is ACI 440.3R test method B3. 6. Ultimate Tensile Strain: The ultimate tensile strain shall be calculated by dividing the guaranteed tensile strength by the nominal tensile modulus of elasticity. The nominal values obtained by this procedure should at least be 1.4%. Provide BFRP rebar (GatorBar) as manufactured by: Neuvokas Corp., 3206 Number 6 Road, PO Box 220, Ahmeek, MI 49901, (906) 934-2661 1.3 Submittals. Provide four 4 foot long quality assurance samples of each size of GatorBar BFRP bar at the beginning of each project or as determined by the Department. Submit independent laboratory test reports including the following, for each size of GatorBar BFRP used on the project. A. Results of the tensile test of BFRP reinforcement, for each size of reinforcement used, including the following: 1. Diameter(s); 2. Breaking load; 3. Tensile modulus, and 4. Strain at ultimate tensile load B. Results of the transverse shear test of BFRP reinforcement, including the following: 1. Diameter(s) 2. Breaking load, and; 3. Shear modulus Provide the Engineer a certification stating the materials furnished meets the specifications as described herein. The certification shall include: 1. The basalt fiber and percentage by weight in the reinforcement; 2. The resin matrix material, composition percentage of filler material, and resin glass transition temperature (Tg); 3. Guaranteed bond strength, including the test method used, and; 4. Results of moisture absorption testing The BFRP reinforcement may not be incorporated into the work until the submittal approval is received by the Engineer. Allow 10 working days for approval. 1.4 Construction. Before ordering material, submit approved drawings and specifications to manufacturer for quotation. This should include: bar size, length, bent shape and radius of bends, and quantities in linear feet. BFRP reinforcement bars shall be uniform in diameter/ size and free of defects that would be injurious to the mechanical and durability properties. Defects include: cracks, kinks, and surface pitting. Slight discoloration over time is typical and is not cause for concern. A. Field fabrication. No field fabrication is permitted except tying of BFRP reinforcing bars, field cutting in accordance with the plans, or both. Field cut BFRP reinforcement only when specifically permitted using high speed grinding cutter, fine blade saw, diamond blade, or 2 of 3 09-12-2016 NEUVOKAS CORPORATION BASALT FIBER REINFORCED POLYMER masonry blade. When BFRP bars are cut in the field, shear cutting is not permitted. All surface damage due to cutting shall be inspected by the Engineer and repaired or replaced at the Contractor's expense. B. Handling. BFRP bars can be handled similar to their steel counterparts. If lifting long sections, use two or three pickup points. Minor scratches and chipping are allowed and do not affect performance. More than .04 inch of chipping should be repaired or replaced. When more than 2% of the surface area of the bar is excessively chipped or cracked it must be replaced. C. Storage of BFRP reinforcement. Store reinforcement above the surface of the ground on platforms, skids, pallets, or other supports as close as possible to the point of placement. If stored outdoors for more than two (2) months, the BFRP bars shall be covered with a tarp or other protective cover. Protective cover must be at least opaque in color. D. Placing and Fastening. Place all reinforcement within the tolerances recommended in the CRSI "Manual of Standard Practice" unless otherwise specified. Hold reinforcement firmly during the placing and setting of the concrete. If BFRP reinforcement is not adequately supported or tied to resist settlement, floating upward, or movement in any direction during concrete placement, concrete placement shall be halted until corrective measures are taken. E. Ties and Supports: All accessories for use with the BFRP bars such as tie wires, bar chairs, supports or clips can be either steel or plastic variances or other tie specialties. Keep reinforcement properly positioned during placement of concrete according to the following: 1. Use appropriate ties (plastic or wire) to support the top mat of deck reinforcement 2. When pre -cast mortar blocks are used provide blocks that have cast -in wires ties 3. Provide nylon or plastic wire ties (zips), or pneumatically installed injection molded ties (KodiKilps). 4. Place all reinforcement in designated position and securely hold in position while placing and consolidating concrete 5. Fasten bars together with ties at all intersections for both top and bottom mats 6. Do not use pebbles, pieces of broken glass, stone or brick, metal pipe or wooden blocks as bar supports or to separate layers of bars 7. Provide the same cover clearances for splices that is shown or specified for the reinforcement F. Lap Splices: Lap splice is the only approved method to tie bars together to make a continuous bar. Mechanical splices are not allowed. Lap length and spacing shall be (40X bar diameter) or as specified on the plans. . 3 of 3 09-12-2016 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION LANDSCAPE IRRIGATION SECTION 02811 S LANDSCAPE IRRIGATION The following supplement modifies specification Section 02811— Landscape Irrigation Standard Specification. Where a portion of the Specification is modified or deleted by this Supplementary Specification, the unaltered portions of the Specification shall remain in effect. The text in BOLD shall be added. The text shown with a shall be removed. 1.0 GENERAL A The site plan, draining plan, grading plan, utility plan and landscaping plan will affect the installation of the irrigation system. Coordinate to avoid conflicts. 1.01 SECTION INCLUDES A Pipe and fittings, valves, sprinkler heads, accessories. Work Specified in this Section: 1. Installation of an automatic irrigation system. B Control-s!� . sto „a . rb „to a+: v i t Scope: 1. Furnish and install an operating irrigation system, complete and in place, including pump station, controls, supply lines, sprinkler heads, control valves, control system, wiring, and accessories as shown on the plans and as specified herein. E Standards: 1. All work included in the installation of the irrigation system shall be performed in accordance with the plans and specifications. The installation of the irrigation system will be made by an individual duly licensed as an irrigator by the Texas Commission on Environmental Quality. 2. Irrigation in Texas is regulated by the Texas Commission on Environmental Quality (TCEQ) (MC-178), P.O. Box 13087, Austin, Texas 78711-3087. TCEQ's web site is: www.tceq.state.tx.us. F Codes: 1. Texas Water Code Chapter 344 2. National Electric Code 3. Local County, Municipal or other Authority that regulates irrigation installation and operation. 1.03 SUBMITTALS Ba Complete material list shall be submitted prior to performing any work. No substitutions will be allowed without prior written approval of the Landscape Architect and/or Owner's Representative. E Material: a. Supply an example of the wire splice connector that will be used. 03/2017 02811S-1 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION LANDSCAPE IRRIGATION F Manufacturer's Warranty Statement: a. The manufacturer's standard form in which manufacturer agrees to repair or replace components that fail in materials or workmanship within manufacturer's specified warranty period for each component. G Water Tap Connections a. All fees, permits, and costs associated with the installation of the landscape irrigation water meter(s) shall be the responsibility of the Contractor unless otherwise directed by the Owner, or designated alternate. 1.05 RECORD AND AS -BUILT DRAWINGS E The Contractor shall dimension from two (2) permanent points of reference, building comers, sidewalk, or road intersections, etc., the location of the following items: 1. Connection to existing water lines 2. Connection to existing electrical power 3. Gate valves 4. Routing of sprinkler pressure lines (dimensions max. 100' along routing) 5. Sprinkler control valves 6. Routing of control wiring 7. Quick coupling valves S. Decoder junction boxes 9. Grounding rods and equipment 10. Other related equipment as directed by the Architect 11. Sleeve locations 1.10 QUALITY ASSURANCE Da All equipment installed by the Contractor shall carry a warranty as advertised by the manufacturer for the specific series or model shown on the drawings or installed by the contractor. F Permits and Fees: The Contractor shall obtain and pay for any and all permits and all construction administration and/or observations as required by the Owner. G Do not alter design hydraulics by installing additional tees, elbows, sprinkler heads, manual valves, automatic valves, backflow preventers, connections, or other components unless approved by Landscape Architect, or designated alternate. 1.14 PRODUCT DELIVERY AND HANDLING A Materials shall be delivered in manufacturer's unopened packaging labeled to indicate manufacturer's name and . product identification. Ensure that packaging and labeling remain intact until installation. Materials shall be stored protected from the elements, including direct sunlight. The supplier shall deliver all irrigation hardware to the project site; direct factory shipments are not allowed unless agreed upon 03/2017 02811S-2 c- r CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION LANDSCAPE IRRIGATION beforehand. Irrigation hardware supplier shall coordinate delivery times and schedules with the contractor. Inventory irrigation hardware jointly with representatives of irrigation supplier and irrigation installer/contractor until each is satisfied that count is correct. B Pipes shall be handled so as to prevent them from being damaged and to maintain their straightness. Pipe ends shall be wrapped; Pipes shall be stored on beds the full length of the pipes; Damaged or dented pipes or fittings shall not be used. The Contractor is cautioned to exercise care in handling, loading, unloading, and storing of PVC pipe and fittings. Any section of pipe that has been dented or damaged will be discarded and, if installed, shall be replaced with new piping. C Provide secure lock -up for irrigation hardware delivered to the Project, but not yet installed. Control handling and installation of irrigation hardware items that are not immediately replaceable so that completion of work will not be delayed by irrigation losses both before and after installation. Store plastic equipment protected from direct sunlight. 1.16 EXTRA MATERIALS A Furnish extra components listed as Extra Items in Section 00300 — Bid Proposal. Equipment to be furnished as part of this contract the following tools: The equipment shown below shall be turned over to the Owner at the conclusion of the project. Before final inspection can occur, evidence that the Owner has received material must be shown to the Landscape Architect or Owner's Representative. 1. Two sprinkler heads of each type and size. 2. Two valve box keys. 3. T-we-wFeftelles-fer—eaell-type-head-eere-and4er-r-emeving-and-installing-eaell-twoe head. Two (2) sets of special tools required for removing, disassembling and adjusting each type of sprinkler and valve supplied on this project. 4. Two (2) five-foot valve keys for operation of gate valves. 5. Two (2) keys for each automatic controller. 6. One (1) quick coupler key and matching hose swivel for every five (5) or fraction thereof of each type of quick coupling valve installed. 7. One (1) Commercial Remote Control (ICR) with new batteries installed. 1.17 FINAL ACCEPTANCE A Work under this Section will be accepted by Landscape Architect/Owner's Representative upon satisfactory completion of all work, including maintenance, but exclusive of replacement of irrigation materials under the Warranty Period. Upon Final Acceptance, the Owner will assume responsibility for maintenance of the Work. 03/2017 02811S-3 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION LANDSCAPE IRRIGATION 2.0 PRODUCTS 2.02 PIPES, TUBES, AND FITTINGS D Irrigation Lateral Line pipe 3. No lateral line pipe smaller than 3/4" is permitted. F Length of pipes used 1. U 1 tl, (5) f t len..t „r_oh bvasu te.l unlessL, otherwise r r noted-ea-the-plans-7 2.03 GENERAL DUTY VALVES F Ball Valves are not accepted. 2.12 SLEEVES UNDER PAVING FOR CONTROL WIRE AND IRRIGATION LINES B In the event the sleeve is not shown on plan or an additional sleeve is to be installed, the sleeve shall be at a minimum two (2) pipe sizes larger than the pipe that is to be routed through the sleeve. C For sleeves that are to be used specifically for control wires only, the sleeve shall be a 1-1/2" sleeve D All sleeves shall extend a minimum of 12" beyond the obstacle that was sleeved and turned up with an elbow 90 degrees to extend 12" above grade. A brass stove bolt shall be inserted in walkway at location of the sleeves. E All sleeves shall be marked and located on the "as built plan" by one of the methods listed below: F A minimum of two measurements from two known and fixed positions that terminate at the end of the sleeve. G A GPS (Global Positioning System) fix in degrees, minutes, and seconds for the longitude and latitude location of the end of the sleeve. 3.0 EXECUTION 3.03 TRENCHING Cc No machine trenching, unless approved by Landscape Architect is to be done within drip line of trees. Trenching is done by hand, tunneling or boring or other methods approved by Landscape Architect. All roots to be cleanly cut when encountered. It is understood that the piping layout is diagrammatic and piping shall be routed around trees and shrubs in such manner to avoid damage to plants. 03/2017 02811S-4 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION LANDSCAPE IRRIGATION 3.05 FIELD QUALITY CONTROL AND TESTING Aa The Contractor shall flush and adjust all sprinkler heads for optimum performance and to prevent overspray onto walks, roadways, and buildings as much as possible. If it is determined that adjustments in the irrigation equipment will provide proper and more adequate coverage, the Contractor shall make such adjustments prior to planting. Adjustments may also include changes in nozzle sizes and degrees of arc as required. Lowering raised sprinkler heads by the Contractor shall be accomplished within ten (10) days after notification by Owner. All sprinkler heads shall be set perpendicular to finished grades unless otherwise designated on the plans. C Hydrostatic Test Test irrigation main line, before backfilling trenches, to a hydrostatic pressure of net lea tl- - 1 00 - f 1 1,eur Piping ... be tested : ,.et __.. t d't e 1 D eve arid] repair or replan !1 t1.' 1, ,1 + uaau vvaua � i L,1 - ----------t --- testing. The Contractor shall request the presence of the Landscape Architect and Owner's Representative in writing at least 48 hours in advance of testing. 1. The Irrigation Contractor will backfill between joints leaving all joints exposed before the mainline is tested. 2. Test all pressure lines under hydrostatic pressure of 150 pounds per square inch, and prove water tight. Note: Testing of pressure mainlines shall occur prior to installation of electric control valves. All piping under paved areas shall be tested under hydrostatic pressure of 150 pounds per square inch, and proved water tight, prior to paving. 3. Sustain pressure in lines for not less than two (2) hours. If leaks develop, replace joints and repeat test until entire system is proved water tight. 4. All hydrostatic tests shall bemade only in the presence of .the Landscape Architect. No pipe joints shall be backfilled until it has been inspected, tested and approved in writing. 5. Irrigation contractor will furnish necessary pump and all other test equipment. 6. Remove and repair or replace piping and connections which do not pass hydrostatic testing. 7. When the sprinkler irrigation system is completed, perform a coverage test in the presence of the Landscape Architect, Owner's Representative and Landscape Contractorto determine if the water coverage for planting areas is complete and adequate. Furnish all materials and perform all work required to correct any inadequacies of coverage due to deviations from plans, or where the system has been willfully installed as indicated on the drawings when it is obviously inadequate, without bringing this to the attention of the Landscape Architect and Owner's Representative. This test shall be accomplished before any groundcover is planted. Upon completion of each 03/2017 02811S-5 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION LANDSCAPE IRRIGATION phase of work, entire system shall be tested and adjusted to meet site requirements. After completion of grading, sodding and rolling of grass areas, carefully adjust lawn sprinkler heads so they will be flush with finish grade. Set shrub sprinkler heads not more than 1/2 inch above top of mulch. Carefully inspect and adjust dripline system, if applicable, to ensure complete coverage. 3.08 MAINTENANCE A Maintenance and management - The landscape and irrigation system shall be maintained and managed to ensure water efficiency, and prevent wasteful practices. This should include, but not limited to: resetting the automatic controller according to the season; flushing the filters; testing the rain sensor device; monitoring, adjusting, and repairing irrigation equipment, raise or loweringheads to compensate for settling of lawn areas, cleaning and adjusting nozzles, spray arcs and radii such that the efficiency of the system is maintained and utilizing turf and landscape best management practices during the maintenance period. 3.08a CLEANUP A Clean-up shall be made as each portion of work progresses. Refuse shall be removed from the site daily. Excess soil shall be removed from the site weekly. All walks and paving shall be broomed or washed down daily, and any damage sustained on the work of others shall be repaired to original conditions within ten (10) days of notice in writing. B The Contractor shall show evidence to the Landscape Architect and Owner's Representative that the Owner has received all accessories, charts, record drawings, and equipment as required before final inspection can occur. 3.08b OBSERVATION SCHEDULE A Contractor shall be responsible for notifying the Landscape Architect and Owner's Representative in advance for the following observation meetings, according to the time indicated: 1. Pre -Job Conference - 7 days. 2. Pressure supply line installation and testing - 7 days. 3. Automaticcontrollerinstallation - 7 days. 4. Control wire installation - 7 days. 5. Lateral line and sprinkler installation - 7 days. 6. Coverage test - 7 days. 7. Final inspection - 7 days. 03/2017 02811S-6 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION LANDSCAPE IRRIGATION B When observations have been conducted by others than the Landscape Architect and Owner's Representative, show evidence in writing of when and by whom these observations were made. C No site observations will commence without as -built drawings. In the event the Contractor calls for a site visit without as -built drawings, without completing previously noted corrections, or without preparing the system for said visit, he shall be responsible for reimbursing the Landscape Architect and Owner's Representative at his current billing rates per hour (plus transportation costs) for inconvenience. No further site visits will be scheduled until this charge has been paid and received. 3.08c REPAIRS A The Owner reserves the right to make temporary repairs as necessary to keep the sprinkler system equipment in operating condition. The exercise of this right by the Owner shall not relieve the Contractor of his responsibilities under the terms of the guarantee as herein specified. 3.08d EXISTING TREES A Do not trench within the drip line of an existing tree within or outside the property lines. Should construction within root zone seem unavoidable, contact Landscape Architect for direction prior to any trenching. END OF SUPPLEMENTAL 03/2017 02811S-7 INDEPENDENCE PARK PHASE 1 — SPECIAL SPECIFICATION DECORATIVE METAL FENCES AND GATES SECTION 02822 DECORATIVE METAL FENCES AND GATES 1.0 GENERAL 1.01 WORK INCLUDED A. The contractor shall provide all labor, materials and appurtenances necessary for installation of the welded ornamental steel fence system defined herein. 1.02 RELATED WORK A. Section 31 00 00 — Earthwork B. Section 32 05 23 - Concrete 1.03 SYSTEM DESCRIPTION A. The manufacturer shall supply a total fence system of Montage Plus®, Ornamental Steel Fencing or approved equal. Fence style shall be Majestic', with standard picket spacing or approved equal. The system shall include all components (i.e., panels, posts, gates and hardware) required. 1.04 QUALITY ASSURANCE A. The contractor shall provide laborers and supervisors who are thoroughly familiar with the type of construction involved and materials and techniques specified. 1.05 REFERENCES • ASTM A653/A653M - Standard Specification for Steel Sheet, Zinc -Coated (Galvanized) or Zinc -Iron Alloy Coated (Galvannealed) by the Hot -Dip Process. • ASTM B117 - Practice for Operating Salt -Spray (Fog) Apparatus. • ASTM D523 - Test Method for Specular Gloss • ASTM D714 - Test Method for Evaluating Degree of Blistering in Paint. • ASTM D822 - Practice for Conducting Tests on Paint and Related Coatings and Materials using Filtered Open -Flame Carbon -Arc Light and Water Exposure Apparatus. • ASTM D1654 - Test Method for Evaluation of Painted or Coated Specimens Subjected to Corrosive Environments. • ASTM D2244 - Test Method for Calculation of Color Differences from Instrumentally Measured Color Coordinates. • ASTM D2794 - Test Method for Resistance of Organic Coatings to the Effects of Rapid Deformation (Impact). • ASTM D3359 - Test Method for Measuring Adhesion by Tape Test. • ASTM F2408 — Ornamental Fences Employing Galvanized Steel Tubular Pickets. 1.06 SUBMITTAL A. Make Submittals required by this Section under the provisions of Section 01350 — Submittals. Issued for Bid 02822-1 INDEPENDENCE PARK PHASE 1 — SPECIAL SPECIFICATION DECORATIVE METAL FENCES AND GATES Shop Drawings: Indicate play layout, spacing components, post foundation dimensions, hardware anchorage, and schedule of components. C. Product Data: Provide data on fabric, posts, accessories, fittings, and hardware that indicates that items match or exceed the quality of existing. D. Materials Submittals: The Contractor shall submit manufacturers' certifications two weeks prior to start of work stating compliance with referenced standards 1.07 PRODUCT HANDLING AND STORAGE A. Upon receipt at the job site, all materials shall be checked to ensure that no damage occurred during shipping or handling. Materials shall be stored in such a manner to ensure proper ventilation and drainage, and to protect against damage, weather, vandalism and theft. 1.08 PRODUCT WARRANTY A. All structural fence components (i.e. rails, pickets, and posts) shall be warranted within specified limitations, by the manufacturer for a period of 20 years from date of original purchase. Warranty shall cover any defects in material finish, including cracking, peeling, chipping, blistering or corroding. B. Reimbursement for labor necessary to restore or replace components that have been found to be defective under the terms of manufactures warranty shall be guaranteed for five (5) years from date of original purchase. 2.0 MATERIALS 2.01 MANUFACTURER A. Ameristar Fence Products, Inc., or approved equal. 2.02 MATERIAL A. Steel material for fence panels and posts shall conform to the requirements of ASTM A653/A653M, with a minimum yield strength of 45,000 psi (310 MPa) and a minimum zinc (hot -dip galvanized) coating weight of 0.60 oz/ft2 (184 g/m2), Coating Designation G-60. B. Material for pickets shall be 3/4" square x 18 Ga. tubing. The rails shall be steel channel, 1.5" x 1.4375" x 14 Ga. Picket holes in the rail shall be spaced (specify 4.675" o.c. for standard picket space or 3.500" o.c. for 3" air space). Fence posts and gate posts shall meet the minimum size requirements of Table 1. 2.03 FABRICATION A. Pickets, rails and posts shall be pre-cut to specified lengths. Rails shall be pre -punched to accept pickets. Issued for Bid 02822-2 INDEPENDENCE PARK PHASE 1 — SPECIAL SPECIFICATION DECORATIVE METAL FENCES AND GATES B. Pickets shall be inserted into the pre -punched holes in the rails and shall be aligned to standard spacing using a specially calibrated alignment fixture. The aligned pickets and rails shall be joined at each picket -to -rail intersection by Ameristar's proprietary fusion welding process, thus completing the rigid panel assembly (Note: The process produces a virtually seamless, spatter - free good -neighbor appearance, equally attractive fromeither side of the panel). C The manufactured panels and posts shall be subjected to an inline electrode position coating (E- Coat) process consisting of a multi -stage pretreatment/wash (with zinc phosphate); followed by a duplex application of an epoxy primer and an acrylic topcoat. The minimum cumulative coating thickness of epoxy and acrylic shall be 2 mils (0.058 mm). The color shall be (specify Black or Bronze). The coated panels and posts shall be capable of meeting the performance requirements for each quality characteristic shown in Table 2 (Note: The requirements in Table 2 meet or exceed the coating performance criteria of ASTM F2408). D. The manufactured fence system shall be capable of meeting the vertical load, horizontal load, and infill performance requirements for Commercial weight fences under ASTM F2408. E. Gates with an out to out leaf dimension less than and including 72 inches shall be fabricated using Montage Plus ornamental panel material and 1-3/4" sq. x 14ga. gate ends. Gate leaves greater than 72 inches shall be fabricated using ForeRunner rails, 17 gauge pickets, intermediate uprights, gussets and 1-3/4" sq. x 14ga. gate ends. All rail and upright intersections shall be joined by welding. All picket and rail intersections shall also be joined by welding. 3.0 EXECUTION 3.01 PREPARATION A. All new installation shall be laid out by the contractor in accordance with the construction plans. 3.02 INSTALLATION A. Fence post shall be spaced according to Table 3, plus or minus 1/4". For installations that must be raked to follow sloping grades, the post spacing dimension must be measured along the grade. Fence panels shall be attached to posts with brackets supplied by the manufacturer. Posts shall be set in concrete footers having a minimum depth of 36" (Note: In some cases, local restrictions of freezing weather conditions may require a greater depth). The "Earthwork" and "Concrete" sections of this specification shall govern material requirements for the concrete footer. Posts setting by other methods such as plated posts or grouted core -drilled footers are permissible only if shown by engineering analysis to be sufficient in strength for the intended application. 3.03 FENCE INSTALLATION MAINTENANCE A. When cutting/drilling rails or posts adhere to the following steps to seal the exposed steel surfaces; 1) Remove all metal shavings from cut area. 2) Apply zinc -rich primer to thoroughly cover cut edge and/or drilled hole; let dry. 3) Apply 2 coats of custom fmish paint matching fence color. Contractor shall not use methods, parts, or components that will negate the manufactures' warranty. 3.04 GATE INSTALLATION Issued for Bid 02822-3 INDEPENDENCE PARK PHASE 1 — SPECIAL SPECIFICATION DECORATIVE METAL FENCES AND GATES A. Gate posts shall be spaced according to the manufacturers' gate drawings, dependent on standard out -to -out gate leaf dimensions and gate hardware selected. Type and quantity of gate hinges shall be based on the application; weight, height, and number of gate cycles. The manufacturers' gate drawings shall identify the necessary gate hardware required for the application. Gate hardware shall be provided by the manufacture of the gate and shall be installed per manufacturer's recommendations. 3.05 CLEANING A. The contractor shall clean the jobsite of excess materials; post -hole excavations shall be scattered uniformly away from posts. Table 1— Minimum Sizes for Posts Fence Posts Panel Height 2-1/2" x 16 Ga. Up to & Including 6' Height Gate Leaf Gate Height Up to & Including 4' Over 4' Up to & Including 6' Up to 4' 2-1/2" x 14 Ga. 3" x 12 Ga. 4' 1" to 6' 3" x 12 Ga. 3" x 12 Ga. 6' 1" to 8' 3" x 12 Ga. 4" x 12 Ga. Table 2 — Coating Performance Requirements Quality ASTM Test Method Performance Requirements Characteristics Adhesion D3359 — Method B Adhesion (Retention of Coating) over 90% of test area (Tape and knife test). Corrosion Resistance B117, D714 & D1654 Corrosion Resistance over 1,500 hours (Scribed per D1654; failure mode is accumulation of 1/8" coating loss from scribe or medium #8 blisters). Impact Resistance D2794 Impact Resistance over 60 inch lb. (Forward impact using 0.625" ball). Weathering Resistance D822 D2244, D523 (60° Method) Weathering Resistance over 1,000 hours (Failure mode is 60% loss of gloss or color variance of more than 3 delta-E color units). B. Contractor shall space posts per manufacturer's specifications 4.0 MEASUREMENT AND PAYMENT 4.01 UNIT PRICES A. Measurement and Payment for railings is on a per linear foot in place basis. B. Payment for fencing will be paid for at the adjusted unit price bid for railings. END OF SECTION Issued for Bid 02822-4 INDEPENDENCE PARK PHASE 1 — SPECIAL SPECIFICATION SOIL TREATMENT SECTION 02916 SOIL TREATMENT 1.0 GENERAL 1.1 SUMMARY A. Related Sections: 1. Planting - Section 02931 2. Irrigation - Section 02811 3. Exterior Landscape Maintenance - Section 02940 4. Hydromulching - Section 02921 5. Sodding - Section 02922 1.2 SCOPE A. Work included: Include the following work in addition to items normally part of this Section 1. Provide Soil Treatment in designated planting and areas to successfully complete the Work as specified. 2. This section specifies the requirements for providing and applying Liquid Biological Amendments (LBA), including Liquid Compost Extract (LCE) and related bio- stimulants to various types of soils and plants found on this Project to include Bio- Augmentation: the adding of life/soil biology to the soil and Bio-Stimulation: the feeding of that biology in the form they can ingest: SGTX Seed Power, mycorrhizal fungi and other nutrients added to seed via hydromulch or below sod prior to sod installed; SGTX Tree Injections, mycorrhizal fungi and other nutrients added to roots of trees after planting. B. The work of this Section includes coordination with the Work specified in other Sections. 1.3 QUALITY ASSURANCE A. Regulatory Requirements: Formulate and apply materials in conformance with applicable codes and regulations. B. Provide products of acceptable manufacturers, which have been in satisfactory use in similar service for five (5) years. Use experienced applicator. C. Deliver, handle, and store materials in accordance with manufacturer's instructions. D. Substitutions of materials specified will not be permitted unless authorized in writing by Landscape Architect and/or Owner's Representative. E. Use of Synthetic Fertilizer, Insecticides and Herbicides: None permitted without written approval from Landscape Architect and Owner's Representative. F. Liquid Biological Amendment Contractor Qualifications: 1. Provider and Application Contractor shall have 6 years previous experience in Issued for Bid 02916-1 INDEPENDENCE PARK PHASE 1 — SPECIAL SPECIFICATION SOIL TREATMENT successfully implementing and installation of this scope and scale for at least five (5) years in the Greater Houston Region. 2. In the Houston Area: Contractor shall be an active member in good standing of the Organic Horticulture Business -Education Alliance (OHBA). 3. The contractor must have a minimum of 6 years' experience with chemical -free installations and maintenance. Job references for projects that have integrated Sustainable Growth Texas products shall substantiate this experience. Evidence of long term performance consisting of performance statement letters or personnel for contact shall be furnished upon request. 4. Shall be Sustainable Growth Texas, LLC 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636-3711 or approved equal. G. Product Quality: 1. Liquid Compost Extract (LCE) must be verified with time and date as having been 2. freshly made within five (5) hours of application, and from compost meeting the specification in this Section. 3. The Liquid Compost Extract (LCE) or compost shall not have an `off, ammonium, sulfuric or anaerobic smell. 4. Additional amendments required by specific site conditions shall be added to the base Liquid Compost Extract (LCE) mixture at the time of the application. 5. Compost used to make Liquid Compost Extract (LCE) must have microbial content quantitatively verified on a quarterly basis through an analytical laboratory that employs soil food web analysis methods. 6. Copies of quarterly Quantitative Soil Food Web Lab test of compost used are to be kept_ at contractor office and made available to the Landscape Architect and/or Owner's Representative upon request within eight (8) hours of written, email or otherwise notification. 7. Water: Shall be clean potable water, free of contaminants that would harm the components of the products, especially chloramines. 8. Seeds provided to the project shall to be fungicide free. Refer to Hydromulching Section 02921. 9. Use of Synthetic Fertilizer, Insecticides and Herbicides: None permitted without written approval from Landscape Architect and Owner's Representative. 1.4 SUBMITTALS A. Product Data: Submit manufacturer's product data and installation instructions for each material and product used. B. Warranty: Submit manufacturers standard warranty. Include labor and materials to repair or replace defective materials. C. After site examination and during site analysis, provide a list of Liquid Biological Amendments (LBA) material and submit for approval a recommendation and Application Sequence Schedule for precise combination of compost extract and additives best suited to project conditions seven (7) days prior to first application. Refer to Part 3- Execution of this specification. 1.5 DELIVERY, STORAGE, AND HANDLING Issued for Bid 02916-2 INDEPENDENCE PARK PHASE 1 — SPECIAL SPECIFICATION SOIL TREATMENT A. All material shall be handled and transported in such a way as to maintain the full intended quality and effectiveness of the product. B. Liquid Compost Extract (LCE) must be circulated for five (5) minutes per five hundred (500) gallons of material every three (3) hours after manufactured. C. All solutions must be applied within forty-eight (48) hours of manufacture and five (5) hours after additives/bio-stimulants are mixed and added. D. If the Landscape Architect has cause for concern for the quality of the product, he/she may require testing to verify job -site quality of the product at the Owners expense. 2.0 PRODUCTS 2.1 MATERIALS A. Compost: Compost used to make Liquid Compost Extract (LCE) must meet the following soil food web minimum standards (per gram dry weight of compost) as tested quarterly. 1. 15-25 micrograms of Active Bacterial biomass, 2. 100-300 micrograms of Total Bacterial biomass, 3. 15-25 micrograms of Active Fungal biomass, 4. 100-300 micrograms of Total Fungal biomass, 5. 5,000 total Flagellates and Amoebae, and Less than 100 Ciliates, and 2 to 20 Beneficial Nematodes. 6. Total Fungi: Total Bacteria to be a 1:1 ratio with no more than a 20% deviation B. Compost must meet the Solvita compost Maturity test of 6.0 or higher. C. Liquid Compost Extract (LCE) shall be an extracted solution from compost and mixed with a combination of innoculms, stimulants, and additives which may be used but which are not limited to the following or as shown in 3.4 Typical Blends of this Section: 1. Mycorrhizal fungi: an Endo/Ecto blended inoculum sourced with a minimum potency of 100,000 propagules per pound and be appropriate species for the plants. 2. Fulvic acid: a natural source of fulvic acid. 3. Non -sulfured molasses, a naturally derived, non-GMO source measuring 79.5° Brix or greater that contains no mold inhibitors. 4. Fish hydrosylate: a cold processed, enzymatically -digested hydrolyzed liquid or dry fish fertilizer. 5. Humate: a low sodium, mined and un-treated source of oxidized lignite containing 70% humic acid that can be mixed into suspension containing 12% humic acid by weight. 6. Soluble kelp powder: a dehydrated liquid extract made from the Ascophyllumnodosum seaweed. 7. Micronized rock dust: a mined and crushed source of finely ground rock powder containing secondary, trace, and rare earth minerals. D. SGTX Hydro -Slurry MixTM to be added with seeding by hydromulching proprietary blend by © Sustainable Growth Texas, LLC 16000 FM 2920, Tomball, TX.,77377 Phone:1-512- 636-3711 (SGTX): Issued for Bid 02916-3 INDEPENDENCE PARK PHASE 1 — SPECIAL SPECIFICATION SOIL TREATMENT 1. Apply 1 lb per 1,000 gallons of hydro -seed. Blend can also be mixed with seed and broadcasted, then watered. When using native seeds, apply SGTX Slurry Mix first, and then plant as usual. E. Dry Fertilizer: 1. When dry fertilizer is needed, selection shall be from San Jacinto Environmental Supply, or approved equal. Must be derived from natural sources and be biologically consumable. F. Insecticide: 1. No harsh insecticide shall be applied on this site without written approval by the Landscape Architect and/or Owner's Representative other than those containing the active ingredient of Spinosad unless near water or plants with pollinators. In that case, use Eco-Smart Liquids or granules. 2. Liquid Spinosad at recommended rates or dry bait containing Spinosad. (see above if near bodies of water.) G. Liquid Biological Amendments (LBA) and soil treatment: 1. By © Sustainable Growth Texas, LLC 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636-3711 (SGTX) H. Notify Landscape Architect and Owner's Representative seven (7) days before any application. I. Materials will be supplied by the following, or an approved equal, meeting all of the requirements of this specification: Sustainable Growth Texas, LLC 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636-3711 2.2 EQUIPMENT REQUIREMENTS: A. Application Spray tank shall be rinsed clean on a daily basis and disinfected on a bi-weekly basis. Tank shall be rinsed with non -chlorinated water, de -chlorinated water, non- chloramines treated water, or de-chloraminated water before filling with Liquid Compost Extract (LCE). B. Application Spray tank shall be equipped with an operating circulation pump of a diaphragm or centrifugal design capable of low velocity, high volume delivery. C. Application spray tank must be equipped with fully functioning and operating and agitation, and circulation system. Aeration systems may be necessary for some applications. D. All equipment used for application of Liquid Compost Extract (LCE)/bio-spray mix must not be used for storage or application of synthetic herbicides, insecticides, or fungicides. E. Injectors must be capable of penetrating four (4) inches into soil and/or root balls. They must be unfiltered, open flow, not less than 1/4" restriction along any part of the injection system. F. Extractors used to produce the Liquid Compost Extract (LCE) are not to be simple brewing compost tea machines. They must be capable of pulling the microbes off the compost in Issued for Bid 02916-4 INDEPENDENCE PARK PHASE 1— SPECIAL SPECIFICATION SOIL TREATMENT their active and inactive forms. Landscape Architect may inspect the extraction equipment prior to allowing work be performed. G. Approved vendors for Liquid Compost Extract (LCE): Soils Alive — all Locations (512-636- 3711); Sustainable Growth Texas, LLC (512-636-3711); Sustainable Growth Houston, LLC or equal. 3.0 EXECUTION 3.1 EXAMINATION A. Examine the area where work is to be executed and notify the Landscape Architect and/or Owner's Representative in writing of deficiencies of work in place by others resulting in unsatisfactory site conditions for application B. Do not proceed until unsatisfactory conditions have been corrected. 3.2 ANALYSIS AND RECOMMENDATION A. Provide a list of Liquid Biological Amendments (LBA) material and submit for approval a recommendation and application sequence schedule for precise combination of compost extract and additives best suited to project conditions seven (7) days prior to first application 3.3 APPLICATION REQUIREMENTS A. Project Areas: 1. Establishment of Bermuda and other indicated lawn species. 2. Native Plant reestablishment at lawn periphery. B. Application Sequence, Rates of Liquid Biological Amendments (LBA)/ Liquid Compost Extract (LCE) for Erosion Control during Construction/Establishment of turf: 1. Pre -Planting. 1st application: SGTX dry mineral mix or approved equal applied at rough or finished grade. Rate: 50 lbs per acre. 2. Pre -Planting. 2nd application: The SGTX Bio-Augmentation Mix TM applied at either rough or finished grade. 400 gallons Liquid Compost Extract (LCE) per acre. Wait at least fourteen (14) days before planting after this application. If compost is recommended to be added to the existing topsoil, incorporate into top 2" of soils during fmish grade. Then apply 2nd application if not already applied at rough or finished grade. Wait at least fourteen (14) days before planting after this application. 3. Seeding. 3rd application: The SGTX Hydro -Slurry MixTM applied with turf hydromulch and also in beds when planted. Rate: 43 lbs per acre. 4. First True Leaf. 4th application: The SGTX Bio-Stimulation Mix TM applied after true leaf is 1" tall. Rate: 200 gallons Liquid Compost Extract (LCE) per acre. 5. 30 Days later. 5th application: SGTX Bio-Augmentation Mix TM applied 30-40 days after 4th application. Rate: 200 gallons Liquid Compost Extract (LCE) per acre. 6. 30-60 Days later. 6th application: Dry fertilizer mix or liquid application with high Nitrogen component. Rate determined by analysis and recommendation. 7. Problem Areas: As determined and recommended by SGTX, spot spray after 3rd, 4th and 5th applications with Bio-Stimulation mix. Rate: 50 gallons per acre. 8. 7th Application: As determined and recommended by SGTX, tree injections. Issued for Bid 02916-5 INDEPENDENCE PARK PHASE 1 — SPECIAL SPECIFICATION SOIL TREATMENT Appropriate material and rate to be recommended by SGTX. C. Maintenance for 120 days following the application sequence are as follows:. 1. Apply solution with equipment and methods so that solution is distributed evenly across the soil surface and/or plants at the specified application rates. 2. See Exterior Landscape Maintenance (See Specification 09100) for application rates and type of treatment determined by month. D. Cleanup: Liquid Biological Amendments (LBA) Contractor shall clean site as required and repair any damage to improvements or surrounding surfaces. E. Cultural Practices that enhance the biological growing system regarding watering amounts, mowing sequence and heights must be coordinated. 3.4 TYPICAL BLENDS A. Bio-Augmentation Mix TM for Bermuda or Buffalograss. B. Method: Apply foliar spray to turf grasses, ornamental grasses and shrubs and associated bed preparation area. Apply three hundred (300) gallons per acre of foliar application of liquid biological amendment with additives at the following rates: 1. Liquid Compost Extract (LCE): five hundred (500) gallons 2. Humate: Three (3) lbs per five hundred (500) gallons 3. Fulvic acid: Two (2) oz per five hundred (500) gallons 4. Soluble kelp seaweed: Five (5) lb per five hundred (500) gallons 5. Unsulphured molasses: Sixty-four (64) oz per five hundred (500) gallons 6. Fish hydrolysate: Two (2) gallons of liquid or fifteen (15) lbs of dry per five hundred (500) gallons 4.0 MEASUREMENT AND PAYMENT 4.1 UNITS A. Measurement and Payment for Soil Treatment is included in other sections. END OF SECTION Issued for Bid 02916-6 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION HYDROMULCH SEEDING SECTION 02921 S HYDROMULCH SEEDING The following supplement modifies specification Section 02921— Hydromulch Seeding Standard Specification. Where a portion of the Specification is modified or deleted by this Supplementary Specification, the unaltered portions of the Specification shall remain in effect. The text in BOLD shall be added. The text shown with a STRIKE THROUGH shall be removed. 1.0 GENERAL 1.01 SECTION INCLUDES Aa Contractor is responsible for coordinating all hydromulching and related work with other trades and aspects of work as necessary to satisfactorily complete the requirements of this specification. B References to Technical Specifications: 1. Section 01200 — Measurement and Payment Procedures 2. Section 01350 — Submittals 3. Section 01500 — Temporary Facilities and Controls 4. Section 02910 — Topsoil 5. Section 02255 — Bedding, Backfill, and Embankment Materials. 6. Section 01140 — Contractor's Use of Premises 7. Section 02916 — Soil Treatment 8. Section 02940 — Exterior Landscape Maintenance 1.02 MEASUREMENT AND PAYMENT Ba Payment Schedule for `Hydromulching — Park with Berm' and. `Hydromulching — Pond Excavation Area' of the type specified will be handled in the following manner: 1. When the Hydromulching, fine grading and installation of related materials are completed and turf root depth is twice the blade height in random samples taken by the Landscape Architect, 50% payment of the unit bid price will be approved. 2. Turf is considered established when it sustains 90% acceptable vegetative cover with no bare areas in excess of twelve (12") inches diameter. At this point the remainder of the unit bid price, less retainage, will be approved. Ca. No payment will be. made for hydromulch seeding if the inspections per this specification are not approved by the Landscape Architect/Owner's Representative. 03/2017 02921S-1 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION HYDROMULCH SEEDING 1.03 SUBMITTALS C and the requirements of the Texas Fertilizer Law. Use of Synthetic Fertilizer, Insecticides and Herbicides are strictly prohibited: Refer to Soil Treatment (See Section 02916) for Soil Treatment. 1.05 QUALITY ASSURANCE A. Reference Standards and Governing Agencies: The following documents and agencies govern the work except where more restrictive requirements are specified. 1. All local, municipal and state laws, and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these specifications, and their provisions shall be carried out by the Contractor. Anything contained in these specifications shall not be construed to conflict with any of the above rules and regulations and requirements of the same. However, when these specifications and drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, these specifications and drawings shall take precedence. 2. The most recent edition published edition of the ANSI: American National Standards Institute, 260.1: Nursery Stock. 3. Standardized Plant Names, 1942 Edition, American Joint Committee on Horticultural Nomenclature. 4. Occupational and Safety Health Administration (OSHA): General Industry (29 CFR 1910), Construction Industry (29 CFR 1926), OSHA Pamphlet 3861, OSHA Publication 3752. B. Field Supervision: Require Contractor to maintain an experienced full-time supervisor on Project site when work is in progress. C. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations. D. Use of Synthetic Fertilizer, Insecticides and Herbicides are strictly prohibited: Refer to Soil Treatment (See Section 02916) for Soil Treatment. E. All soil treatment and pest control recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920, Tomball, TX.,77377 Phone:1-512- 636-3711 (SGTX) or approved equal. F. Inspections: 1. Weekly meetings will be held through construction with the Landscape Architect, Owner's Representative and Contractor. During these weekly meetings the species of turfgrass will be determined, coverage of areas reviewed and inspections conducted with the Contractor. 03/2017 02921S-2 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION HYDROMULCH SEEDING 2. Surfaces indicated to be hydromulched shall be inspected to verify that all preparatory work in the area has been completed. Hydromulching shall not start until all preparatory work has been completed. 3. Materials Inspection. The day of hydromulching, Landscape Contractor shall provide hydromulch machine, water, labor, unopened seed container in original manufacturers container and fiber material: SGTX personnel shall provide hydroslurry mix. The Landscape Architect shall inspect and observe the seed mix in the original container(s) and SGTX hydro -slurry mix prior to pouring into tank and application. The inspection and tank materials must meet the requirements for material outlined in Soil Treatment (See Section 02916). Any application of material without this inspection will result in a failed materials test, no measurement or payment will be applied for applied material and reapplication will be required. Contractor must submit written requests for inspections to the Landscape Architect and/or Owner's Representative at least seven (7) days prior to anticipated inspection date. 4. No sections or portions of the landscape area will be accepted until all sections, areas or portions are completed, installed and approved in writing by the Landscape Architect and/or Owner's Representative. Any sunk or eroded areas or any plants or materials deficient, dead or dying or exhibiting lack of healthy growth shall be reinstalled with thirty (30) days of Inspection 5. Submit written requests for inspections to the Landscape Architect and Owner's Representative at least seven (7) days prior to anticipated inspection date. G. Contractor shall: 1. The landscape contractor must have a minimum of 6 years' experience with chemical -free installations and maintenance. Job references for projects that have integrated Sustainable Growth Texas products shall substantiate this experience. Evidence of long term performance consisting of performance statement letters or personnel for contact shall be furnished upon request. 2.0 PRODUCTS 2.01 MATERIALS C Seed: Conform to U.S. Department of Agriculture rules and regulations of the Federal Seed Act and the Texas Seed Law. The seed shall be harvested within 1 year prior to planting, free of Johnson grass, field bind weed, dodder seed, and free of other weed seed to the limits allowable under the Federal Seed Act and applicable seed laws. The seed shall be extra fancy grade, treated with fungicide, and shall have a germination and purity that will produce, after allowance for Federal Seed Act tolerances, a pure live seed content of not less than 85 percent, using the formula: purity percent times (germination percent times plus hard or sound seed percent). Seed shall be labeled in accordance with U.S. Department of Agriculturerules and regulations. 03/2017 02921S-3 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION HYDROMULCH SEEDING 1. Rye: Fresh, clean, Italia a ( "'u"" multi-flo *'"' ed in -labeled Prepertie + „t be—labelea D '' ^a' es ^� Rye grass will not be accepted without written authorization and stipulations from the Landscape Architect /Owner's Representative. 2. Bermuda: Extra fancy, tr atcd, lawn typo common bermuda (Cynodon dactylon). Deliver in original, unopened container showing weight, analysis, name of vender, and germination test results. a. Certification of grass seed shall be: i. Certified Bermuda Seed, 98% pure Bermuda seed minimum requirement. - ii. Approved by Landscape Architect 3. Wet, moldy, or otherwise damaged seed will not be accepted. D Fertilizer: Refer to Soil. Treatment (See Section 02916). Dry and free flowing, inorganic, water soluble commercial fertilizer, which is uniform in composition. Deliver in or otherwise unsuitable fertilizer will not be accepted. Fertilizer shall contain minimum percentages of the following elements: Nitrogen: 10 Percent Phosphoric Acid: 20 Pcrccnt Potash: 10 Percent E Mulch: e celllose fibers f.o.,, whole . ,.a chips having „-r 2n percent fibers 0.42 inches (10.7 mix) in length and 0.01 inches (0.27 mm) in diameter. Mulch shall be dycd green for coverage verification purposes. Wood Cellulose Fiber Mulch: Wood cellulose fiber mulch, for use with the hydraulic application of grass seed and fertilizer, shall consist of specially prepared wood cellulose fiber. It shall be processed in such a manner that it will not contain germination or growth inhibiting factors. The wood cellulose fibers shall have the property of becoming evenly dispersed and suspended when agitated in water. When sprayed uniformly on the surface of the soil, the fibers shall form a blotter -like groundcover which readily absorbs water and allows infiltration to the underlying soil. Weight specifications from suppliers for all applications shall refer only to air dry weight of the fiber, a standard equivalent to 19 percent moisture. The mulch material shall be supplied in packages having a gross weight not in excess of 100 pounds and be marked by the manufacturer to show the dry weight content. Suppliers shall be prepared to certify that laboratory and field testing of their product has been accomplished and that it meets all of the foregoing requirements. F Soil Stabilizer: "Terra Tack" 1 or approved equal. G Weed control agent: Pre emergent herbicide for grass areas, "Bcnefin" or approved equal. Use of Synthetic Fertilizer, Insecticides and Herbicides are strictly prohibited: Refer 03/2017 02921S-4 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION HYDROMULCH SEEDING to Soil Treatment (See Section 02916) for Soil Treatment. All weed control recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636-3711 (SGTX) or approved equal. 3.0 EXECUTION 3.01 PREPARATION B Afer he -areas to receive hydremttloh seeding have -been breught-te de, ' foreign organic or inorganic matcrial, including stones, hard clay lumps, and othcr debris. Areas to receive seeding shall be loosened by manual or mechanical means to a depth of 1 1/2 inches, leveled and fine graded by hand raking. All stone (1" in diameter and larger in the top 2" of soil) are to be removed, tree stumps, brush, roots, vegetation, rubbish and other foreign matter shall be removed from the site. No foreign matter may be buried on the site. All tree stumps must be removed to a depth of two (2) feet below finish subgrade. C Level with Bank Sand or Topsoil, as approved by the Engineer Landscape Architect/Owner's Representative. D Loosen the subgrade by discing or by scarifying to a depth of at least -4— 1 '/ inches. E Place and co pact a layer of topsoil in accordance with requirements of Section 02910 — Topsoil. F Sur€ace-eftepseilshall e*ha f weeds, rocks, another foreign material 3.02 APPLICATION Aa Special Mulching Equipment and Procedures: Hydraulic equipment used for the application of fertilizer, seed, and slurry of prepared wood fiber mulch shall have a built-in agitation system with an operating capacity sufficient to agitate, suspend, and homogeneously mix a slurry containing up to forty (40) pounds of fiber plus a combined total of seventy (70) pounds of fertilizer solids for each one hundred (100) gallons of water. The slurry distribution lines shall be large enough to prevent stoppage. The discharge line shall be equipped with a set of hydraulic spray nozzles which provide even distribution of the slurry on the slopes to be seeded. The slurry tank shall have a minimum capacity of eight hundred (800) gallons and shall be mounted on a traveling unit which may be either self-propelled or drawn with a separate unit which will place the slurry tank and spray nozzles within sufficient 03/2017 02921S-5 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION HYDROMULCH SEEDING proximity to the areas to be seeded so as to provide uniform distribution without waste. The Owner's Representative may authorize equipment with smaller tank capacity provided that the equipment has the necessary agitation system and sufficient pump capacity to spray the slurry in a uniform coat. Ab Mixing: 1. Care shall be taken that the slurry preparation takes place on the site of the work. Spraying shall commence immediately after inspection when the tank is full. 2. Operators of hydromulching equipment shall be thoroughly experienced in this type of application. Apply specified slurry mix in a motion to form a uniform mat at specified rate. The operator shall spray the area with a uniform, visible coat by using the green color of the wood pulp as a guide. Keep hydromulch within areas designated and keep from contact with other plant material. Slurry mixture which has not been applied within four (4) hours of mixing shall not be used and shall be removed from the site. 3. After installation, the Contractor shall not operate any equipment over the covered area. Immediately after application, thoroughly wash off any plant material, planting areas, or paved areas not intended to receive slurry mix. Keep all paved and planting areas clean during maintenance operations. Ac Seeded Areas: If, in the opinion of the Landscape Architect /Owner's Representative, unplanted skips and areas are noted after hydromulching, the Contractor shall be required to seed the planted areas with the grasses that were to have been planted at no additional cost to the Owner. A Seed: Apply uniformly at following rates for type of seed and planting date: TYPE APPLICATION RATE PLANTING DATE UnHulled Common Bermuda Grass 98% Purity 2 lbs./1000 Square Feet 87 lbs/Acre Spring/Summer Planting (April 15 to Sept 15) UnHulled Common Bermuda Grass 98% Purity 1.5 lbs./1000 Square Feet 65 lbs/Acre Fall/Winter Planting (Sept 15 to April 15) No Rye Grass Shall Be Applied B Fertilizer: . Use of Synthetic Fertilizer, Insecticides and Herbicides are strictly prohibited: Refer to Soil Treatment (See Section 02916) for Soil Treatment. All fertilizer recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636-3711 (SGTX) or approved equal. 03/2017 02921S-6 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION HYDROMULCH SEEDING C Mulch: Apply uniformly at a rate of 50 pounds per 1000 square feet. D Soil stabilizer: Apply uniformly at a rate of 40 pounds per acre. E Weed control agent: ' Use of Synthetic Fertilizer, Insecticides and Herbicides are strictly prohibited: Refer to Soil Treatment (See Section 02916) for Soil Treatment. All weed control recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636-3711 (SGTX) or approved equal. F Suspend all operations under conditions of drought, excessive moisture, high winds, or extreme or prolonged cold. Obtain the Engineer Landscape Architect /Owner's Representative's approval before resuming operations. 3.03 MAINTENANCE Aa Establishment of Hydroseeded Areas: 1. Hydromulched areas shall be maintained in good condition throughout the installation process and throughout the maintenance period as specified in Exterior Landscape Maintenance (See Section 02940). 2. After installation, hydroseeded areas shall be watered in an amount and as often as necessary to keep seed beds moistened to their full depth for a period of 2 weeks. 3. After initial 2 weeks of watering, seeded areas shall be watered and maintained to insure a healthy, vigorous growth throughout the installation period and the landscape maintenance period. See Soil Treatment (See Section 02916) for Soil Treatment. 4. Upon completion of work, clean areas within Contract limits, remove tools, supplies and equipment. Wash down curbs and pavement areas. Scrub curbs and walks as necessary to insure a clean surface. Provide site clean and free of materials and suitable for use as intended. A Maintain grassed areas by watering, fertilizing, weeding, and trimming as required to establish and sustain 70% 90% acceptable vegetative cover with no bare areas in excess of twelve (12") inches diameter. END OF SUPPLEMENTAL 03/2017 02921S-7 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION SODDING SECTION 02922 S SODDING The following supplement modifies specification Section 02922 — Sodding Standard Specification. Where aportion of the Specification is modified or deleted by this Supplementary Specification, the unaltered portions of the Specification shall remain in effect. The text in BOLD shall be added. The text shown with a STRIKE THROUGH shall be removed. 1.0 GENERAL 1.01 SECTION INCLUDES B References to Technical Specifications: 7. Section 02916 — Soil Treatment 1.05 QUALITY ASSURANCE A. Reference Standards and Governing Agencies: The following documents and agencies govern the work except where more restrictive requirements are specified. 1. All local, municipal and state laws, and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these specifications, and their provisions shall be carried out by the Contractor. Anything contained in these specifications shall not be construed to conflict with any of the above rules and regulations and requirements of the same. However, when these specifications and drawings call for or describe materials, workmanship, or construction of a better quality, higher standard, or larger size than is required by the above rules and regulations, these specifications and drawings shall take precedence. 2. The most recent edition published edition of the ANSI: American National Standards Institute, 260.1: Nursery Stock. 3. Standardized Plant Names, 1942 Edition, American Joint Committee on Horticultural Nomenclature. 4. Occupational and Safety Health Administration (OSHA): General Industry (29 CFR 1910), Construction Industry (29 CFR 1926), OSHA Pamphlet 3861, OSHA Publication 3752. B. Field Supervision: Require Contractor to maintain an experienced full-time supervisor on Project site when work is in progress. C. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations. D. Use of Synthetic Fertilizer, Insecticides and Herbicides are strictly prohibited: Refer to Soil Treatment (See Specification 02916) for Organic Soil Fertility. E. All soil treatment and pest control recommendations will be specified and applied by 03/2017 02922S-1 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION SODDING Sustainable Growth of Texas 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636- 3711 (SGTX) or approved equal. F. Inspections: 1. Weekly meetings will be held through construction with the Landscape Architect, Owner's Representative and Contractor. 2. Surfaces indicatedtobe sodded shall be inspected to verify that all preparatory work in the area has been completed. Sodding shall not start until all preparatory work has been completed 3. Submit written requests for inspections to the Landscape Architect and Owner's Representative at least seven (7) days prior to anticipated inspection date. G. Contractor shall: 1. The landscape contractor must have a minimum of 5 years' experience with chemical -free installations and maintenance. Job references for projects that have integrated Sustainable Growth Texas products shall substantiate this experience. Evidence of long term performance consisting of performance statement letters or personnel for contact shall be furnished upon request. 2.0 PRODUCTS 2.01 MATERIALS C Fertilizer: Available nutrient percentage by weight: 12 peen, '1 percent phosphoric acid, and 8 percent potash; or 15 perent nitrogen, 5 percent phosphoric acid, and 10 percent potash. Use of Synthetic Fertilizer, Insecticides and Herbicides are strictly prohibited: Refer to Soil Treatment (See Specification 02916) for Organic Soil Fertility. All soil treatment/fertilizer recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920, Tomball, TX.,77377 Phone:1-512- 636-3711 (SGTX) or approved equal. D Weed and Insect Treatment: Provide acceptable treatment to protect sod from weed and insect infestation. Submit treatment method to the Engineer Landscape Architect for approval. All insect and disease control shall be installed within guidelines set forth by the Structural Pest Control Board of the State of Texas. Use of Synthetic Fertilizer, Insecticides and Herbicides are strictly prohibited: Refer to Soil Treatment (See Specification 02916) for Organic Soil Fertility. All weed and insect control recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636-3711 (SGTX) or approved equal. 2.02 SOD B Contents: 95 percent permanent grass suitable to climate in which it is to be placed; a healthy, virile root system of dense, thickly matted roots throughout the soil of the sod for a minimum thickness of 1 inch; not more than 5 percent weeds and undesirable grasses; good texture, free from obnoxious grasses, roots, stones and foreign materials. 03/2017 02922S-2 CITY OF PEARLAND - SUPPLEMENTAL SPECIFICATION SODDING C Size: 12 inch wide strips, uniform in thickness (2 inch minimum with clean-cut edges: Sod shall have been mowed within seven (7) days of being stripped/cutting. D Sod is to be supplied and maintained in a healthy condition as evidenced by the grass being a normal, green color. Dry sod will be rejected. 3.0 EXECUTION 3.01 PREPARATION A Do not start work until conditions are satisfactory. Do not start work during inclement or impending inclement weather. Perform Sodding only when weather and soil conditions are deemed by Engineer Landscape -Architect to be suitable for proper placement. B Strip existing vegetation and one (1) inch of existing soil from all areas to receive sod not stripped and graded under previous work. After the areas to receive sod are brought to grade, rake out any foreign organic or inorganic material, including stones, hard clay lumps and other debris. D Loosen the subgrade by -discing or by scarifying to a depth of at least -4- 1 % inches. E Place and compact topsoil in accordance with requirements of Section 02910 - Topsoil. Top soil shall be free of weeds and foreign material immediately before sodding. Finish grade to be one (1) inch below top of adjacent hardscape. F Spread 2 inch (±1") layer of Bank Sand over prepared topsoil. H Apply-€e zer at -a rate lbsi100 er-raldng-se and not more thaft-4841eur-s-ppier-te-laying-se€1,-Mix-ther-eughlifite-upper-2-ifielies-ef-seightly water to aid in dissipation of fertilizer. Immediately prior to placing sod, refer to Soil Treatment (See Specification 02916). 3.02 APPLICATION C Tamp and roll sod with approved equipment to eliminate minor irregularities and to form close contact with soil bed immediately after planting and watering. Submit type of tamping and rolling equipment to be used to the Engineer Landscape Architect for approval, prior to construction. D Apply second application of fertilizer sixty (60) days after planting refer to Soil Treatment (See Specification 02916). 03/2017 02922S-3 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION SODDING 3.03 MAINTENANCE A Maintenance Period: 1. Begin maintenance immediately after each section of grass sod is installed and continue for a 30-day period from date of Substantial Completion. Maintain as specified in Exterior Landscape Maintenance (See Section 02940). 3. Water, fertilize, control disease and insect pests, mow, edge, replace unacceptable materials, and perform other procedures consistent with good horticultural practice to ensure normal, vigorous and healthy growth. All disease control shall be installed within guidelines set forth by the Structural Pest Control Board of the State of Texas. Use of Synthetic Fertilizer, Insecticides and Herbicides are strictly prohibited. Refer to Soil Treatment (See Specification 02916). 4. Notify Engineer Landscape Architect 10 days before end of maintenance period for inspection. D Fertilizer and Pest Control: 1. Evenly spread fertilizer composite at a rate of 40 pounds per 5,000 square feet or placement of sod. Use of Synthetic Fertilizer, Insecticides and Herbicides are strictly prohibited: Refer to Soil Treatment (See Specification 02916) for Organic Soil Fertility. All soil treatment and pest control recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636-3711 (SGTX) or approved equal. 2. Treat areas of heavy weed and insect infestation as recommended by treatment manufacturer. All soil treatment and pest control recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636-3711 (SGTX) or approved equal. END OF SUPPLEMENTAL 03/2017 02922S-4 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION LANDSCAPE AND TREE PLANTING SECTION 02931 S LANDSCAPE AND TREE PLANTING The following supplement modifies specification Section 02931— Landscape and Tree Planting Standard Specification. Where a portion of the Specification is modified or deleted by this Supplementary Specification, the unaltered portions of the Specification shall remain in effect. The text in BOLD shall be added. The text shown with a STRIKE THROUGH shall be removed. 1.0 GENERAL 1.01 SECTION INCLUDES A �,,.. ishi a „ p d ees lie gmen gP rees-ter and tree planting. Furnish and install complete and in place all landscape materials including all plant materials, topsoil, compost, plant bed mix, mulch, edging, tree stakes and accessories as shown on the plans, plans schedules, notes, details and as needed to install all items on the plan and as specified herein. Rough and finish grading is part of the landscape work. Aa Contractor is responsible for coordinating all planting and planting related work with other trades and aspects of work as necessary to satisfactorily complete the requirements of this specification. Ab Contractor is responsible for completion of the according to the standards outlined in Exterior Landscape Maintenance (See Section 02940). Measurement and Payment is under `Plants' of the specified size and variety. Ac Contractor is responsible for maintenance of vegetation within the construction zone until final acceptance. 1.02 MEASUREMENT AND PAYMENT A Measurement for Landscape Planting items is on a Lump Sum as specified in the bid form. B Payment for Tree Planting is on lump sum basis for each tree planted Landscape Planting items shall include all labor, materials, equipment, and preparation necessary for installation and maintenance, including Soil Treatment as found in Specification 02916. 1.03 SUBMITTALS B Submit samples of the plants and grasses to be used for approval prior to installation. Inspection will be done on the project site. If these samples prove unacceptable, Contractor will take Landscape Architect to source to specifically tag the material 03/2017 02931S-1 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION LANDSCAPE AND TREE PLANTING for the project. All tagged material to be brought to site with tags in place as attached in field. 1.06 DELIVERY AND STORAGE OF MATERIALS B The Contractor shall be solely responsible for the safe transportation of plants to the site and their condition upon arrival. Trees damaged, dehydrated or abused during transit and storage WILL BE REJECTED. C Store plants on the site as directed. Protect the balls and water regularly until planting. If trees are Left in storage over the weekend or holiday provide a means of periodically watering and inspecting root ball protection. D Spray with anti transpirant at time of delivery in warm s ason months. Apply at rates in rdanee with of cturer's r ndations J The Landscape Architect and/or Owner's Representative may inspect any phase of this operation and may reject any plant material improperly handled during any phase of this operation. 1.09 WARRANTY B Replace plants that fail during the warranty period according to the specifications governing the original plants within 60 days of notification by Landscape Architect and/or Owner's Representative. C Contractor is responsible to periodically inspect plants for proper watering and— spraying, during warranty period. H Remove and replace trees found to be dead during warranty period. Remove and replace trees which are in doubtful condition at end of warranty period within 60 days of notification, or if approved by the Engineer Landscape Architect, extend warranty period for such trees for a full growing season. 1.10 SOIL ANAYLSIS A Submit for approval an analysis of all soils obtained from off -site sources prior to delivery. No off -site soils will be accepted on site without written approval of Landscape Architect. 1.11a PROTECTION OF EXISTING PLANTS TO REMAIN A Do not store materials or equipment, permit burning, or operate or park equipment or vehicles under the branches of any existing plant to remain except as actually required for construction in those areas. B Provide barricades, fences, staked ribbon markings, or other barriers as necessary at the drip line to protect existing plants to remain from damage during construction. 03/2017 02931S-2 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION LANDSCAPE AND TREE PLANTING C Notify Landscape Architect and/or Owner's Representative in any case where Contractor feels grading or other construction called for by Contract Documents may damage existing plants to remain. D If existing plants to remain are damaged during construction, Contractor shall replace such plants of the same species and size as those damaged at no cost to Owner. Determination of extent of damage and value of damaged plant shall rest solely with Landscape Architect and/or Owner's Representative. Refer to Soil Treatment (See Specification 02916) for Organic Soil Fertility in handling repairs. 1.14 QUALITY ASSURANCE A Landscaper shall be a firm specializing in landscape and planting work. The landscape contractor must have a minimum of 6 years' experience with chemical -free installations and maintenance. Job references for projects that have integrated Sustainable Growth Texas products shall substantiate this experience. Evidence of long term performance consisting of performance statement letters or personnel for contact shall be furnished upon request. B Do not make substitutions of approved trees unless approved in writing by the Engineer. If specified planting material is not obtainable, submit proof of non -availability together with proposal for use of equivalent material. Substitutions of larger size or better grade than specified will be allowed, but with no increase in unit price. C Use of Synthetic Fertilizer, Insecticides and Herbicides are strictly prohibited: Refer to Soil Treatment (See Specification 02916) for Organic Soil Fertility. All soil treatment and pest control recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636- 3711 (SGTX) or approved equal. 1.15 MAINTENANCE BY THE CONTRACTOR: Refer to Exterior Landscape Maintenance (See Specification 02940) 2.0 PRODUCTS 2.01 TOPSOIL B Peat n bark nl1 f rtil;zer: Use . ateria ended by . for establishment of healthy stock after. „lanti hall conform to rcquircmcnts of Federal Specification Q P 166E. Fertilizer: All fertilizer recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920, Tomball, TX., 77377 Phone:1-512- 636-3711 (SGTX) or approved equal. 03/2017 02931S-3 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION LANDSCAPE AND TREE PLANTING 2.02 SOIL TREATMENT FERTILIZER A flowing, in original unopened containers, ca h " g th f t a „teed 1. For lawns: 12 24 12. 2. For ground cover areas, shrub beds and tree holes: 20 10 5 (Except for Genus Pyrus (Pear). A Use of Synthetic Fertilizer is prohibited. None permitted without written approval from Landscape Architect and Owner's Representative. Refer to Soil Treatment (See Specification 02916) for Organic Soil Fertility. B All fertilizer recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636-3711 (SGTX) or approved equal. 2.03 ADDITIVES A Adjustment of pH. For topsoil to attain the specified pH level, furnish raw, ground agricultural limestone containing net less than 85 percent calcium carbonate of which cn p nt will p s tL fe gL. „inn mesh .,a 9n p nt through 70 mesh sieve. Wait 2 months after planting before application of fertilizer. 1. following table is a guideline to establish the pounds of limestone needed per 1000 square feet of turf: SANDS - CLAY LOAM, CLAY 5.1 6.0 <5.0 0- 50 400- 0- 75 125 0- 100 175 B Humus. Provide a rich humus material free of sticks, stones, weedy roots, or other foreign matter. Humus must have ample water holding capacity and plant food retention. Use a humus with a dark brown to black color. C Dressing Mulch. Provide pine or redweed bark that is evenly shredded, consisting of 90 percent organic matter, brown in coler, and free of harmful minerals. Maximum particle size not to exceed 3 inches in diameter. 2.03a MULCH A Contractor shall use Native Hardwood Mulch. Native Hardwood Mulch shall be the product of standard shredding of native deciduous trees (primarily hardwoods) and brush with only a small amount of bark. B The Mulch shall be installed to a depth of two (2") throughout the planted bed areas. The mulch shall be free of debris, large sticks, leaves of deciduous trees and other 03/2017 02931S-4 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION LANDSCAPE AND TREE PLANTING foreign material as manufactured and blended by Nature's Way Resources, 101 Sherbrook Circle, Conroe, TX 77385 Phone:1-936-321-6990 or approved equal. 2.04 CONSTRUCTION MATERIALS A Root Ball Anchors: } Duck bills •li .� ==��,-used to secure the root ball anchors. 1. Contractor shall use "Root Anchor Safety stake" below grade rootball anchoring system as manufactured by Tree Stake Solutions, 9973 FM 521 Rd., Rosharon,TX ,77583 Phone:1-281-778-1400 or approved equal. Refer to details for staking and/or guy requirements. (www.treestakesolutions.com) B Edging: 1. Provide 1/2 inch x 4 inches, Cypress or Treated Lumber headerboard. 2. Provide 1 inch x 2 inches x 12 inches, Cypress or Treated Lumber stakes. 1. The Composite Edging shall be High Density Polyethylene made from 100% recycled content feed stock. The color shall be Redwood as provided by the manufacturer. 2. The Composite Edging shall be 1" x 6" x 20' in size for each piece. Stakes shall be of a type specified by the manufacturer and placed per manufacture instructions. 3. Contractor shall use Benda -Board Composite Bed Edging as manufactured by Epic Plastics, 104 East Turner Road, Lodi, CA 95240 Phone: 209-333- 6161 or approved equal. (www.epicplastics.com) C Cloth for Balling Trees. Use burlap of jute weighing at least 7.2 ounces per square yard. Secure balled plants with 2 ply twine made of jute. D Paper for Wrapping Trees. Use first quality, 'I inch wide bituminous impregnated tape, corrugated or crepe -paper, specifically manufactured for tree wrapping and having qualities, to resist insect infestation. E Materials for Flagging Trees: 1. Mark guyed trees with surveyors white plastic tape. H PeIyethylene.Use-v-irgin base, resi-n--blended polyethylen ti thbi k concentrate of 2.5 percent. 2.05 SPRAYS A Sterilization: 1. Use -approved solution ocDyclomec nr , t„ bo lantea 2. Use Pramitto , viviiuu0 ua i, ift be ea �io. i 03/2017 02931S-5 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION LANDSCAPE AND TREE PLANTING B Herbicides: 1. Use an approved systemic non selective, post emergent herbicide on specified areas to kill all vegetation. 2. Use Confront, or equal, for general control of broadleaf weeds in lawns. 3. Use Preemerg, Eptam, Dryclomec, or equal for ground cover. 4. Use an approved pre emergent to control seed germination in specified areas. C Antitranspirant: 1. Use-appFeved-ant-it-FaFfspifaiat-fer-all-plant-FaateFial-that-is-stered-andleF heeledin on the site. 2. Use approved antitranspirant on all planted trees and shrubs. D vines and/or ground cover areas. 2.05a SOIL TREATMENT PRE -EMERGENCE WEED CONTROL, HERBICIDES A Use of Herbicides is prohibited. None permitted without written approval from Landscape Architect and Owner's Representative. Refer to Soil Treatment (See Specification 02916) for Organic Soil Fertility. B All herbicide recommendations will be specified and applied Sustainable Growth of Texas 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636-3711 (SGTX) or approved equal. 2.05b SOIL TREATMENT INSECTICIDES A Use of Insecticides is prohibited. None permitted without written approval from Landscape Architect and Owner's Representative. Refer to Soil Treatment (See Specification 02916) for Organic Soil Fertility. B All insecticide recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636-3711 (SGTX) or approved equal. 2.05c SOIL AMENDMENT A This item is incorporated as part of the installation of hydroseed application with fine grading. This does not relieve the contractor from following the remainder of this specification document. B All soil amendments will be specified and applied by Sustainable Growth of Texas 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636-3711 (SGTX) or approved equal. Refer to Soil Treatment (See Specification 02916) for Organic Soil Fertility. 2.06 PLANT CHARACTERISTICS 03/2017 02931S-6 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION LANDSCAPE AND TREE PLANTING B Select well -formed plants balanced between height and spread typical of the species or variety with branches in normal position. Heading back plants to meet size limits will not be permitted. Plants to conform to the heights and spreads as shown on plans. C Unless otherwise specified, all plants will be nursery grown and at least twice transplanted. Use plants which have been growing under similar climatic conditions to those of the project for at least 2 years prior to the date of the contract. Container stock, when specified, shall have grown in the containers in which delivered for at least 6 months, but not over two years. Samples must prove no root -bound conditions exist. Recently stepped -up plants will not be acceptable. All B&B or bare No D B&B or bare root plants will be accepted. , the definitions given in Am, ri n ta, cards for Nursciy Stock. Growing Practices for all trees: 1. Shaved Root ball: Root ball shaved at every container transfer to mitigate circling roots. 2. Visible and ungirdled root flare:- Root flare at or above ground level with no girdling roots. 3. Central leader without co -dominates: Trees are trimmed to a straight central leader and co -dominates removed. F Regardless of sample selection, a plant may be rejected at the site by the Engineer Landscape Architect. 2.07 NURSERY STOCK A Deciduous Trees. Provide trees which are straight and symmetrical and have a persistently preferred main leader. The crown must be in good overall proportion to the entire height of the tree. Where a clump multi -trunk is specified, a plant having a minimum of three stems originating from a common base at the ground line will be furnish. 2.08 FIELD COLLECTED PLANTS A Field collected plants must be grown in favorable locations that ensure fibrous roots ULS �a rowth. S � �wll be seleeted , b.. the.� L,a r architect. B Provide balls at leust 1/3 greater in diameter than those specified for nursery stock. C If dug in dormant s ason and bare root is -acceptable, the spread of roots must be at 1e t ' /3 ter thaH the spread of roots for bare root nursery stock. 03/2017 02931S-7 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION LANDSCAPE AND TREE PLANTING 2.09 SEED B Bermuda. Provide common Bermuda seed that treatea law" ty" . Deliver in original, unopened container showing weight, analysis, name of vendor and germination test results. Wet, moldy, or otherwise damaged seed will not be accepted. 1. Certification of grass seed shall be: a. Certified Bermuda Seed, 98% pure Bermuda seed minimum requirement. b. Approved by Landscape Architect 2.11 GRASS A Obtain certified sod from an approved source. 1. Sod Certification: Certification shall be submitted from the sod nursery as to the grass species, land requirement of a maximum five (5) varieties of the same species per acre, location of the field from which the sod has been stripped/cut and the date of stripping/cutting. Certification shall accompany the delivery of the sod. No Fungicides to be allowed. 2. Use of Synthetic Fertilizer, Insecticides and Herbicides are strictly prohibited: Refer to Soil Treatment (See Specification 09160) for Organic Soil Fertility. B Provide material which is true to type and name, and is typical of the species or variety. C Delivery: 6. Sods must be harvested within 12 hours of planting and arrive at the project site in a moist condition. Dry sod will be rejected. D Products: 3. Uniform mowed height at time of harvesting material: 1-1/2 inches. Sod shall have been mowed within seven (7) days of being stripped/cutting 7. Sod shall be nursery grown Common Bermuda sod unless otherwise specified in writing by the Landscape Architect having a healthy, virile root system of dense, thickly matted roots throughout the soil of the sod for a minimum thickness of 1 inch. Sod shall be free of noxious weeds and undesirable native grasses. Soil attached to the sod shall be free of stones and debris. 2.12 TREES A Provide container grown trees which are straight and symmetrical and have a persistently preferred main leader. The crown shall be in good overall proportion to the entire height of tree with branching configuration as recommended by ANSI Z60.1 for type and species specified. Where a clump multi -trunk is specified, a plant having a minimum of three stems originating from a common base at the ground line shall be furnished. 03/2017 02931S-8 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION LANDSCAPE AND TREE PLANTING 2.13 WATER B Irrigation must be complete and operationally approved by Landscape Architect and/or Owner's Representative prior to planting. C For watering of areas not covered by the irrigation system: 1. Contractor shall utilize a water truck or hydromulch machine to apply water by hand watering means. D For watering of areas covered by the irrigation system prior to the irrigation system being operational: 1. Contractor shall utilize a water truck or hydromulch machine to apply water by hand watering means. _ 2.14 SOURCE QUALITY CONTROL A Notify Engineef Landscape Architect, prior to installation, of location where trees that have been selected for planting may be inspected. Plant material will be inspected for compliance with following requirements. 1. Genus, species, variety, size and quality. 2. Size and condition of balls and root systems, insects, injuries and latent defects. B Plant material must be approved prior to installation. Submit written requests for inspections to the Landscape Architect and Owner's Representative at least seven (7) days prior to anticipated inspection date. C Plants identified as "selected specimen" shall be approved and tagged at place of growth by Landscape Architect and/or Owner's Representative. For distant material, submit 4" x 6" photographs for pre -inspection review. Photographs shall show at least two individual plants and overall views of the nursery. Included with the photos shall be the name and location of the nursery source, and the total quantity of plants available to select from. D Contractor shall provide proof of all plant material availability six (6) months prior to the start of demolition and clearing of the project. Proof shall be tagged planted material for this project. If proof is submitted that any plant specified is not obtainable, a proposal will be considered for use of the nearest equivalent size or variety with corresponding adjustment of Contract Price. Such proof shall be substantiated and submitted in writing to Landscape Architect and Owner's Representative at least six (6) months prior to the start of demolition and clearing of the project. These provisions shall not relieve Contractor of the responsibility of obtaining specified materials in advance if special growing conditions or other arrangements must be made in order to supply specified materials. 2.16 PLANTING PROCEDURES 03/2017 02931S-9 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION LANDSCAPE AND TREE PLANTING A Temporary Nursery. A temporary nursery may be used to store plants, but no more than 5 days before planting. Keep plants well watered and protected. 1. 7 d 1 J Y a l• J4 1 balled „a burlapr 0 „ed (B&B) Pla t, „d spray all plants with an antitranspirant. Apply spray from top to bottom. Thoroughly ^ planter but not t„ the poi„t of run off. Spray block units and not individual plants. Use a low pressure, fine at rates recommended in the >s ufaEturer's-direction. 2. Handle .,ll b.,lle.l .,n burlappe d „la is by t e ball only No B&B plants will be accepted. 3. Upon delivery, immediately heel in bare root plants. Open bundles, separate plants, set roots in trenches, and cover with topsoil. Water plant) with an approved root stimulant containing vitamin B. No bare root plants will be accepted. B Digging and Handling: 1. The ctual planti., o .,ti, st p eed with. t del. nd , er to id undue drying of thc in situ soil or roots because of exposure to air and sun. Keep an-ample-supply-ef-sawdust-availab4e-te-never-the-reets-ef-B&B-steek-affiving from thc storage nursery. Kccp thc roots well covered and moist until the plants can be placed in thc final location and permanently planted. 2. Handle all plant stock with care to prevent injuries to the trunk, branches and roots. 3. Dig bare root plants when fully dormant. Kccp all of the root system intact; do must-be-cleaneut-back to sound wood -#lake-the-cut-on an angles t .the exposed -end ces downwar-dSe cut t-exceeding-3,4-in ameter with an approved tree wound dressing. 4. Balled and burlappcd plants must have thc root system encased in a firm, solid ball of natural earth, wrapped in burlap and tiy-beund. Eaeh ball t be sufficient size to encompass all the fibrous feeding roots and not smaller than reed- by Afnereahi-S =dsfe tirserry Stee'��ll t rema and ct th-eagneut the planting . r.,tions 3.0 EXECUTION 3.1 SITE PREPARATION B Layout individual4Fees. plants at locations shown on Drawings. Use wire stakes (flags) color -coded for each species of plant material. Stake location of each tree and major shrub and outline of shrub and groundcover beds. In case of conflicts, notify Engineer Landscape Architect before proceeding with Work. Landscape Architect and/or Owner's Representative will check location of plants in the field and shall adjust to exact position before planting begins. Trees shall be staked and approved by Engineer F In Situ Soil Preparation: 2. E : en'+ ' bdiliza i' ddit' d Sustainable Growth of +�roacast erta.r 03/2017 02931S-10 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION LANDSCAPE AND TREE PLANTING Texas will recommend and apply all fertilizers and soil additives. Contractor will thoroughly work into soil. G Fertilizer. rtili o ..t, t th f » 1. Lawns: 1 1/2 N pounds per 1000 square feet. 2. Ground Cover, Shrub, and Trce Areas: 1 1/2 N pounds per 1000 square feet. 1. Use of Synthetic Fertilizer is prohibited. None permitted without written approval from Landscape Architect and Owner's Representative. Refer to Soil Treatment (See Specification 02916) for Organic Soil Fertility. 2. All fertilizer recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636-3711 (SGTX) or approved equal. 3.01 PLANT BED PREPARATION A Plant Bed Preparation shall incorporate furnishingand installing complete and in place all materials necessary for planter bed creation unless otherwise specified differently on the Bid form. B Plant Bed Preparation shall incorporate furnishing and installing complete and in place Independence Park Planting soil mix which will be required for all planted areas and shall be used in all areas of plant pit and plant bed excavation and preparation. Independence Park Planting Soil Mix shall be as manufactured and blended by Nature's Way Resources, 101 Sherbrook Circle, Conroe, TX 77385 Phone:1-936-321-6990 or approved equal. 3.03 PREPARATION OF PLANTING SOIL C M r e de i, endments with t. it at f lio ato 1. Top soil: 50 percent. 2. Peat moss: 25 percent. 3. Well rotted Bark: 25 percent. 4. Fertilizer: Rate recommended by nursery Mix Independence Park Planting Mix (50%) with existing site soils (50%) by mechanical means. 1. Soil and amendment bases shall be completely pulverized and free of lumps or aggregated material. Moisture content of base materials shall not be such that chemical granular or pelletized additives become dissolved before thorough mixing. 2. Mix media in quantities of not less than 50 cubic yards or mix total quantity required if less than 100 cubic yards. The Contractor shall be responsible for continuity between batches. 3. Deliver to the site planting media prepared off -site. 03/2017 02931S-11 CITY OF PEARLAND — SUPPLEMENTAL SPECIFICATION LANDSCAPE AND TREE PLANTING 4. Mix vermiculite, perlite and SGTX hi -carbon mix or approved equal on site with prepared planting media; as directed by Sustainable Growth of Texas. Refer to Soil Treatment (See Specification 02916) for Organic Soil Fertility. D D 1 f f' rt'1' if 1 t' ill of follow pl -ing of „la ting soil w thi A4 J b Y b r o r hour nlenG tithe a directed1 E All soil amendments will be specified and applied by Sustainable Growth of Texas 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636-3711 (SGTX) or approved equal. Refer to Soil Treatment (See Specification 02916) for Organic Soil Fertility. 3.04 QUANTITIES A The Contractor shall keep in storage, at his/her own expense, sufficient quantities of mix to repair any settling or to adjust grades throughout the warranty period. 3.05 PLANTING B When conditions detrimental to plant growth are encountered, such as unsatisfactory soil, obstructions, or adverse drainage conditions, notify the Engineer Landscape Architect of such conditions before planting. Subsoil shall not be worked when moisture content is so great that excessive compaction will occur, nor when it is so dry that clods will not break readily. Water shall be applied, if necessary, to bring soil to an optimum moisture content for tilling and planting. 3.06 PLANTING GRASS B To prevent excessive weed growth in the grass areas, the Contractor should be prepared to immediately install the grass seed upon the completed and acceptable finished grade. C Seed: 1. Materials Inspection: The day of hydromulching, Landscape Contractor shall provide hydromulch machine, water, labor, unopened seed container in original manufacturers container and fiber material. SGTX personnel shall provide hydo-slurry mix. The Landscape Architect shall inspect and observe the seed mix in the original container(s) and SGTX hydro -slurry mix prior to pouring into tank and application. The inspection and tank materials must meet the requirements for material outlined in Soil Treatment (See Specification 09160). Any application of material without this inspection will result in a failed materials test, no measurement or payment will be applied for applied material and reapplication will be required. Contractor must submit written requests for inspections to the Landscape Architect and/or Owner's Representative at least seven (7) days prior to anticipated inspection date. 2. Evenly broadcast seed specified in 2.09 at the following rates: 03/2017 02931S-12 ft\ INDEPENDENCE PARK PHASE 1 — SPECIAL SPECIFICATION EXTERIOR LANDSCAPE MAINTENANCE SECTION 02940 EXTERIOR LANDSCAPE MAINTENANCE 1.0 GENERAL 1.1 SUMMARY A. Related Sections 1. Irrigation - Section 32 80 00 2. Soil Treatment - Section 31 31 00 3. Planting - Section 32 90 00 4. Hydromulching - Section 32 92 01 5. Sodding - Section 32 92 02 B. Contractor shall have crews and vehicles equipped with proper Personal Protective Equipment (PPE) and observe Safety Standards at all times during construction and maintenance activities. C. Drawings and General Provisions of Contract, including General and Supplementary Conditions and all applicable specification sections, apply to this section. 1.2 SCOPE A. Furnish all labor, materials and equipment as necessary to provide a chemical free organic soil fertility landscape maintenance program in strict accordance with the Specifications and Drawings as prepared by Talley Landscape Architects. 1. Contractor shall strictly follow the requirements of the Soil Treatment Section 31 31 00 and employ © Sustainable Growth Texas, LLC 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636-3711 (SGTX) to manage and maintain all soil amendments, soil fertility, fertilizations, insecticides, herbicides, and all other management issues related to plants, trees, soils and bacteria. B. Maintain landscape plantings and maintain landscaped areas within the construction zone from the time material is acquired until the time of fmal approval and payment for the project. 1.3 QUALITY ASSURANCE A. Perform Work in accordance with all applicable laws, codes, and regulations required by authorities having jurisdiction over such work and provide for all permits required by local authorities. B. Reference Standards and Governing Agencies: The following documents and agencies govern the work except where more restrictive requirements are specified. 1. Texas Water Code Chapter 344 2. Irrigation in Texas is regulated by the Texas Commission on Environmental Quality (TCEQ) (MC-178), P.O. Box 13087, Austin, Texas 78711-3087. (www.tceq.state.tx.us.) 3. All local, municipal and state laws, and rules and regulations governing or relating to Issued for Bid 02940-1 INDEPENDENCE PARK PHASE 1 — SPECIAL SPECIFICATION EXTERIOR LANDSCAPE MAINTENANCE any portion of this work are hereby incorporated into and made a part of these specifications, and their provisions shall be carried out by the Contractor. Anything contained in these specifications shall not be construed to conflict with any of the above rules and regulations and requirements of the same. 4. The most recent published edition of the ANSI: American National Standards Institute, 260.1: Nursery Stock. 5. Standardized Plant Names, 1942 Edition, American Joint Committee on Horticultural Nomenclature. 6. Occupational and Safety Health Administration (OSHA): General Industry (29 CFR 1910), Construction Industry (29 CFR 1926), OSHA Pamphlet 3861, OSHA Publication 3752. C. Use of Synthetic Fertilizer, Insecticides and Herbicides: None permitted without written approval from Landscape Architect and Owner's Representative. D. Inspections: 1. Monthly meetings will be held through maintenance with the Landscape Architect, Owner's representative and both Contractor's. 2. A written report will be provided by Contractors documenting work previous month's activities. 3. Landscape Architect will note any deficiencies or modifications necessary for Contractors. 4. Any sunk or eroded areas or any plants or materials deficient, dead or dying or exhibiting lack of healthy growth shall be repaired and/or replaced within sixty (60) days of notification by the Landscape Architect. E. For Chemical Free Soil Amendments: 1. The contractor must have a minimum of 6 years' experience with chemical -free installations and maintenance. Job references for projects that have integrated Sustainable Growth Texas products shall substantiate this experience. Evidence of long term performance consisting of performance statement letters or personnel for contact shall be furnished upon request. 2. Shall be Sustainable Growth Texas (SGTX), LLC 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636-3711 or approved equal. F. For Maintenance Performance on Chemical Free Project Contractor: 1. The landscape contractor must have a minimum of 6 years' experience with chemical - free installations and maintenance. Job references for projects that have integrated Sustainable Growth Texas products shall substantiate this experience. Evidence of long term performance consisting of performance statement letters or personnel for contact shall be furnished upon request. 1.4 CONTRACTOR RESPONSIBILITIES A. Contractor's maintenance of newly established planting and planting areas shall include but is not limited to watering, cultivating, weeding, mulching, re -staking, tightening and repairing of guys, resetting plants to proper grades or upright position and restoration of the planting saucer. B. Refer to Soil Treatments Section 31 31 00 for Organic Soil Fertility. Issued for Bid 02940-2 INDEPENDENCE PARK PHASE 1 — SPECIAL SPECIFICATION EXTERIOR LANDSCAPE MAINTENANCE C. Contractor's maintenance of irrigation system(s), multiple, shall consist of monitoring and adjustment of the duration and frequency of the watering schedule, adjustment of heads for coverage and elevation, repair of leaks in both mains and lateral lines, pump intake filter cleaning and all other work required to establish a complete working irrigation system. D. Contractor's maintenance of lawns (sod, hyromulch, hydroseed or other) shall consist of mowing, watering, weeding, repair of all erosion and reseeding as necessary to establish a uniform stand of specified grasses. E. Contractor's maintenance regarding trash shall consist of picking up trash on site and emptying trash receptacles at each site visit. 1. Remove any trash within bed areas and reforestation zones. 2. No trash or debris generated by the visit of the Contractor shall be left on -site or be placed in any park trash receptacles. F. Routine maintenance will include repair of erosion and reseeding as necessary to re- establish turf areas to pre -construction state. 1.5 FINAL ACCEPTANCE A. Work under this section will be accepted by Landscape Architect upon satisfactory completion of all work, including maintenance, replacement of plant materials and lawns under the Warranty Period. Upon final acceptance, the Owner will assume responsibility for maintenance of the Work. 1.6 WARRANTIES AND REPLACEMENTS A. Any sunk or eroded areas or any plants or materials deficient, dead or dying or exhibiting lack of healthy growth shall be repaired and/or replaced within sixty (60) days of notification by the Landscape Architect. B. Any items replaced shall be warranted for two (2) years from the date of replacement. C. Contractor will not be responsible for losses due to Acts of God, such as flooding that may stay on -site for a period beyond 30 days. 1.7 MAINTENANCE INSTRUCTIONS A. At the completion of work, furnish two (2) copies of written maintenance instructions to Owner and one (1) copy to Landscape Architect for maintenance and care of all planting throughout the year. 2.0 PRODUCTS 2.1 MATERIALS A. Use of Synthetic Fertilizer, Insecticides and Herbicides: None permitted without written approval from Landscape Architect. B. Materials required for installed items shall match those already in use. Issued for Bid 02940-3 INDEPENDENCE PARK PHASE 1 — SPECIAL SPECIFICATION EXTERIOR LANDSCAPE MAINTENANCE C. Refer to Soil Treatment Section 31 31 00 for Organic Soil Fertility. 2.2 REQUIRED EQUIPMENT A. Contractor shall have available for their use maintenance equipment including but not limited to the following: 1. Personal Protective Equipment (PPE) 2. Fine or Manicure Mowers with deck cutting heights of four (4) inches or higher. 3. Gasoline Powered Edgers 4. Trash Collection Equipment 5. Line Trimmers 6. Miscellaneous Hand Tools, Rakes, Brooms, Etc. 7. Blowers 8. Accessory landscape item typical to landscape maintenance. 9. No vehicle or employee should have materials or necessary application equipment associated with liquid or other chemical herbicide, synthetic fertilizer or insecticides during the regular landscape maintenance program. 3.0 EXECUTION 3.1 WATERING A. It shall be the responsibility of the Contractor to assure that the correct watering of plant materials is being accomplished through the following irrigation criteria or techniques: 1. Regular deep watering to all new trees until there are definite signs that the trees have established themselves, new growth is apparent, and no trees are experiencing stress conditions. 2. Frequent watering to the lawn areas to insure against drying. This may be accomplished as above, by the automatic sprinlder system, hand watering or portable sprinklers. Contractor shall monitor settings of automatic sprinlder controls and recommend necessary adjustments according to climatic changes. a. Refer to Irrigation Section 32 80 00. 3. Contractor to ensure overwatering does not occur. B. Contractor shall be responsible for damages to irrigation system caused by maintenance operations. C. For watering of areas not covered by the irrigation system: 1. Contractor shall utilize a water truck or hydromulch machine to apply water by hand watering means. D. For watering of areas covered by the irrigation system prior to the irrigation system being operational: 1. Contractor shall utilize a water truck or hydromulch machine to apply water by hand watering means. Issued for Bid 02940-4 INDEPENDENCE PARK PHASE 1 — SPECIAL SPECIFICATION EXTERIOR LANDSCAPE MAINTENANCE 3.2 MAINTENANCE OF TURF AREAS A. Contractor s Mowing lawn/grass areas shall be accomplished with sharp, properly adjusted mowers of the correct size for the various areas. B. Mowing frequency shall be as per the Landscape Maintenance Program. Blade heights shall be set according to the following schedule. 1. Four (4) inches - Initial Mowing 2. Four (4) inches - April — November 3. Four (4) inches - December — March C. In the event of a prolonged rainy period and a surge of leaf growth is anticipated, the mower height may be readjusted when approved in writing by the Landscape Architect to prevent "scalping" or skinning of lawn on preceding cuts. In no case shall more than 1/3 of grass height be cut at one time. D. Lawn shall be edged evenly at all walks, headers and other structures as per the schedule. Use an edger, not a line trimmer. E. Until the establishment of the turf, the Contractor will be responsible for replacing soils that have eroded onto the paved areas. Residual soils on paving will be removed and if not mingled with objectionable materials may be re -used in eroded areas. F. Immediately upon observing any lawn grass spreading into shrub or groundcover areas, the Contractor shall initiate a program of removal and maintain this program throughout the maintenance period. G. Special effort shall be given to the control to fire ants infesting the site. The Contractor shall strictly follow a treatment regimen provided by SGTX. The ant mounds shall be lowered and tamped to the existing grade at each visit. H. The Contractor shall strictly follow a soil fertility (fertilizer) treatment regimen provided by SGTX. See Section 31-31-00 (Soil Treatment) for Organic Soil Fertility. Use of Synthetic Fertilizer, Insecticides and Herbicides are prohibited. None will be permitted without written approval from Landscape Architect and Owner's Representative. 3.3 MAINTENANCE OF TREES AND SHRUBS A. At each site visit, Contractor shall adjust and tighten as required all tree staking and guying. Removal as directed by Landscape Architect and/or Owner's Representative. B. At each site visit, Contractor shall inspect to verify that at all times a three (3) inch layer of mulch is kept in place in all planter beds and in all tree rings. 1. Refer to Planting Section 32 90 00 Mulch. C. At each site visit, all weeds within the mulched area around each tree and in each shrub bed shall be removed. Under no circumstances shall weeds and grass within planted areas be allowed to attain more than four (4) inches growth. D. Contractor shall be continuously alert for signs of insect presence or damage or the presence or damage from plant fungi. Upon locating such evidence, the Contractor shall report it to the Landscape Architect and/or Owner's Representative in writing and take action as Issued for Bid 02940-5 INDEPENDENCE PARK PHASE 1 — SPECIAL SPECIFICATION EXTERIOR LANDSCAPE MAINTENANCE directed in writing. 3.4 MAINTENANCE OF VINES A. Contractor shall trim vines as directed by the Landscape Architect and/Owner's Representative in writing. B. Vines shall be maintained at each site visit and kept trimmed to so as not to protrude more than twenty-four (24) inches from the climbing structure on either side at any time. C. Removal of vines directed by the Landscape Architect and/Owner's Representative in writing. 3.5 MAINTENANCE OF IRRIGATION SYSTEM A. Irrigation System: Maintenance of irrigation system(s), multiple, shall consist of monitoring and adjustment of the duration and frequency of the watering schedule, adjustment of heads for coverage and elevation, repair of leaks in both mains and lateral lines, pump intake filter cleaning (if part of the pump system), and all other work required to establish a complete working irrigation system. 3.6 MAINTENANCE OF TRASH AND DEBRIS A. At each site visit, Contractor shall be responsible for removing all debris from the site unrelated to horticultural maintenance (paper, bottles, cans, etc.). B. At each site visit, Contractor shall pick up trash from and empty trash receptacles. Contractor shall completely remove all debris including plastic bag and replace the bag with a new minimum three (3.0) mil thickness, black or clear bag. 4.0 5.0 SCHEDULES 4.1 LANDSCAPE MAINTENANCE PROGRAM EXECUTION OF ITEMS IN THIS SPECIFICATION SHALL BE PERFORMED AS PER THE FOLLOWING SCHEDULES AS APPLICABLE FOR THE MAINTENANCE PERIOD WHEN THE MAINTENANCE PERIOD FALLS WITHIN THE YEAR: MONTH # OF VISITS PER MONTH January 2 February 2 March 4 April 4 May 5 June 4 July 5 August 5 September 5 October 3 Issued for Bid 02940-6 r-‘ INDEPENDENCE PARK PHASE 1 — SPECIAL SPECIFICATION EXTERIOR LANDSCAPE MAINTENANCE November December 2 2 4.2 TOPDRESS FERTILIZER A. See Section 31 31 00 (Soil Treatment) for Organic Soil Fertility. 4.3 SOIL FERTILITY PROGRAM A. EXECUTION OF ITEMS IN THIS SPECIFICATION SHALL BE PERFORMED AS PER THE FOLLOWING SCHEDULES AS APPLICABLE FOR THE MAINTENANCE PERIOD WHEN THE MAINTENANCE PERIOD FALLS WITHIN THE YEAR: B. See Section 31 31 00 (Soil Treatment) for Organic Soil Fertility. SGTX monthly visits Type of Monthly Treatment January Inspection/Liquid Compost Extract February Inspection/Dry, Organic Fertilizer March Inspection/Ant, Insect Treatment, nematodes April Inspection/Wet Mix May Inspection/ Beneficials insects June Inspection/Dry, Organic Fertilizer, mineral July Inspection/Liquid application August Inspection/Beds additional mulch added September Inspection/ Soil Tests October Inspection/Mineral Mix November Inspection/Liquid Application December Inspection/Dry, Hi Carbon Mix Application for continued build up of soil organic matter and the control of winter and spring weeds. Issued for Bid 02940-7 INDEPENDENCE PARK PHASE 1 — SPECIAL SPECIFICATION EXTERIOR LANDSCAPE MAINTENANCE 5.0 MEASUREMENT AND PAYMENT 5.1 5.01 MEASUREMENT A. Measurement for `Exterior Landscape Maintenance' shall not be a separate line item in the bid tab. 5.2 PAYMENT A. Separate payment will not be made for the work performed and materials furnished for Landscape Maintenance of the type specified. END OF SECTION Issued for Bid 02940-8 CITY OF PEARLAND CONCRETE DIVISION 3 TECHNICAL SPECIFICATIONS DIVISION 3 CONCRETE NOTE: Specification Sections appearing in bold in the Table of Contents can be found on the City of Pearland Website at https://www.pearlandtx.gov/departments/engineering-and-capital- projects/engineering/standard-construction-documents (or at http://www.pearlandtx.gov/ by going to the Department of Engineering, Engineering Construction Documents). 03/2017 CITY OF PEARLAND ELECTRICAL DIVISION 16 TECHNICAL SPECIFICATIONS DIVISION 16 ELECTRICAL NOTE: Specification Sections appearing in bold in the Table of Contents can be found on the City of Pearland Website at https://www.pearlandtx.gov/departments/engineering-and-capital- projects/en2ineeri112/standard-construction-documents (or at http://www.pearlandtx.gov/ by going to the Department of Engineering, Engineering Construction Documents). 03/2017 BASIC ELECTRICAL REQUIREMENTS Section 16010 BASIC ELECTRICAL REQUIREMENTS PART1 GENERAL 1 SECTION INCLUDES A. Basic requirements specifically applicable to the work of Divisions 13 and 16. B. The Contractor shall furnish equipment, materials, and labor for assembly and installation plus check-out and start-up of the complete electrical system as shown on the Drawings and stipulated in the Specifications. 2 REFERENCES A. As a minimum requirement, the electrical system shall be constructed in accordance with: 1. American National Standards Institute/National Fire Protection Association (ANSI/NFPA), No. 70 - National Electrical Code (NEC). 2. City of Pearland Building Code. 3. Other applicable Codes and Standards as referenced in other specifications. B. Comply with local, county, state and federal regulations and codes in effect as of date of purchase or construction. C. Equipment of foreign manufacture must meet U.S. codes and standards. D. Equipment and materials shall conform to requirements of specification and to the criteria provided in data sheets for the project. 3 QUALITY ASSURANCE A. Product Conformance Certificate and Quality Assurance Release. Submit an overall conformance certificate for electrical components signed by the person responsible for product quality. Specifically identify the purchased material or equipment by project name and location, purchase order number, supplements, and item number where applicable, including materials and services provided by others. Indicate that all requirements have been met and identify any approved deviations. 16010-1 BASIC ELECTRICAL REQUIREMENTS B. Field Inspection 1. Electrical work shall be inspected and approved by the local code inspector and the Engineer. 2. Contractor shall give a minimum of one day notice to the Inspector that the installation is ready for inspection and two days notice to the Engineer. 3. Concealed work shall be inspected before it is covered: a. Conduit with stub -ups, underground in duct banks before concrete is poured. b. Conduit in slabs, walls and ceilings, complete with boxes. 4. Electrical equipment and materials shall be inspected upon arrival by the Engineer for compliance with specifications. 4 SITE CONDITIONS A. Take the following site conditions into consideration when fabricating, erecting, installing and wiring electrical equipment under this contract: 1. Project Location — Independence Park, Pearland, Texas 2. Facility Elevation - 100 ft MSL 3. Seismic Zone - Zone 0 4. Wind Velocity - 130 mph 5. Temperature, Min./Max.: X Coldest Month Avg. High 60 degrees F Low 41 degrees F X Warmest Month Avg. High 94 degrees F Low 73 degrees F X Lowest Expected 11 degrees F X Highest Expected 107 degrees F 6. Rainfall: X Annua145 inches X Design 3.4 inches/hour, 8.4 inches/24 hours 7. Design Relative Humidity: 100%, condensing 8. Station Barometric Pressure: 16010-2 BASIC ELECTRICAL REQUIREMENTS X Average Annual - 29.5 inches Hg Absolute. 9. Utility Water Systems: Design Pressure Design Temp. X River Water PSI degrees F X Well Water PSI degrees F X City Water 35 PSI degrees F 10. Electric Power Supply Characteristics (Required For The Facility): Voltage Phase Hz Wire Delta or Wye 1 480/277 3 60 4 Wye 2 3 PART2 PRODUCTS 1 COMPONENT DESIGN A. Components utilized in the construction of the material or equipment shall be of the latest proven design, new and in current production. Do not use obsolete components or components to be phased out of production. 2 FACTORY INSPECTION A. Provide free access with prior notice for the Engineer at all times to the shop where the material or equipment is being fabricated or tested. Provide reasonable facilities for inspection, witnessing tests, and examining records. Give 7-days notice prior to starting tests which are scheduled for factory inspection. PART3 EXECUTION 1 PREPARATION A. Verify dimensions and ratings of equipment and materials to ensure proper fit and performance. 16010-3 BASIC ELECTRICAL REQUIREMENTS 2 INSTALLATION A. Install equipment and materials in accordance with the Drawings, CenterPoint Energy=s and manufacturer's written requirements and instructions. If field conditions necessitate changes in electrical installation, obtain approval from the Engineer. 3 DEMONSTRATION A. Test the electrical system to specification requirements and to demonstrate correct installation and operation of equipment. B. Before 7-days test, demonstrate the system to the Engineer. Show the system to be fully operational. All alarms, safeties, and communication points to central and locally must operate in both full -automatic and back-up modes. C. Operate the system continuously for a period of 7 days in full automatic, without failure, to qualify as acceptable. "Failure" is considered any problem that requires correction by maintenance personnel. END OF SECTION 16010-4 CONDUIT, FITTINGS AND BODIES Section 16111 CONDUIT, FITTINGS AND BODIES PART 1 GENERAL 1.01 SECTION INCLUDES A. Specification for conduit, fittings and bodies. 1.02 REFERENCES A. American National Standards Institute (ANSI). 1. ANSI C80.1: Rigid Steel Conduit - Zinc Coated. 2. ANSI C80.4: Fittings for Rigid Metal Conduit. B. Federal Specifications. 1. W-C-58C: Conduit Outlet Boxes, Bodies Aluminum and Malleable Iron. 2. W-C-1094: Conduit and Conduit Fittings Plastic, Rigid. 3. WW-C-566C: Flexible Metal Conduit. 4. WW-C-581D: Coatings on Steel Conduit. C. National Electrical Manufacturers Association (NEMA). 1. NEMA RN1: Polyvinyl -Chloride Externally Coated Galvanized Rigid Steel Conduit and Electrical Metallic Tubing. 2. NEMA TC2: Electrical Plastic Tubing (EPT) and Conduit (EPC-40 and EPC-80). 3. NEMA TC3: PVC Fittings for Use with Rigid PVC Conduit and Tubing. D. National Fire Protection Association (NFPA), ANSI/NFPA 70 - National Electrical Code (NEC). E. Underwriters' Laboratories (UL). 1. UL 1: Flexible Metal Electrical Conduit. 2. UL 6: Rigid Metal Electrical Conduit. 3. UL 514B: Fittings for Conduit and Outlet Boxes. 4. UL 651: Schedule 40 and 80 Rigid PVC Conduit. 5. UL 651A: Type EB and A Rigid PVC Conduit and HDPE Conduit. 6. UL 886: Electrical Outlet Boxes and Fittings for Use in Hazardous Locations. 1.03 SUBMITTALS A. Submit the following under the provisions of Section 01330 - Submittal Procedures: 1. Manufacturer's cut sheets, catalog data, with selected products clearly marked. 2. Installation, terminating and splicing procedure. 3. Instruction for handling and storage. 4. Dimensions and weight. 16111-1 CONDUIT, FITTINGS AND BODIES 1.04 QUALITY ASSURANCE A. Tests. 1. Rigid steel conduit shall pass the bending, ductility, and thickness of zinc coating tests described by ANSI C80.1. 2. Flexible conduit shall pass the tension, flexibility, impact, and zinc coating test described by UL 1. 3. Nonmetallic conduit and fittings shall pass the test requirements of NEMA TC2, UL 651 and 651A and Federal Specification W-C-1094A. 1.05 DELIVERY STORAGE AND HANDLING A. Package conduit in 10-foot bundles maximum with conduit and coupling thread protectors suitable for indoor and outdoor storage. Package fittings in manufacturer's standard quantities and packaging suitable for indoor storage. Package plastic -coated rigid conduit, fittings, and bodies in such a manner as to protect the coating from damage during shipment and storage. B. Store conduit above ground on racks to prevent corrosion and entrance of debris. C. Protect plastic conduit from sunlight. PART2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Rigid Steel Conduit. 1. Allied Tube and Conduit 2. Triangle Wire and Cable, Inc. 3. Wheatland Tube Company B. PVC Coated Steel Conduit. 1. Occidental Coating Company (O-Cal Blue) 2. Robroy Industries, Inc. (Rob -Roy Red) C. PVC Rigid Conduit. 1. Cantex 2. Carlon Industries, Inc. 3. Robroy Industries, Inc. D. Conduit Fittings and Bodies. 1. Appleton Electric 2. Crouse -Hinds 3. Killark Electric Manufacturing Company 4. O-Z/Gedney 16111-2 CONDUIT, FITTINGS AND BODIES E. Liquidtight Flexible Conduit. 1. Anamet, Inc. 2. Electriflex Company 3. Triangle Wire and Cable, Inc. 2.02 MATERIALS AND EQUIPMENT A. Design Conditions. Use electrical conduit, fittings, and bodies designed for service in areas as specified in Section 16010 - Basic Electrical Requirements and this section to form a continuous support system for power, control, and instrument cables. B. Conduit and Fittings 1. Rigid Steel Conduit and Fittings. a. Rigid steel conduit, rigid steel conduit bends, nipples, and bodies shall be hot - dipped galvanized and shall comply with the latest ANSI C80.1, UL 6, Federal Specification WW-C-581D, and NEC Article 346-15. b. Mild steel tubing shall be used for conduit, nipples, and couplings, and shall be free of defects on both the inner and outer surfaces. c. Fittings, bodies, and covers for rigid steel conduit shall be steel or cast-iron and shall comply with ANSI C80.4, UL 514B, and Federal Specification W- C-58C. All condulet bodies shall be minimum Form 8. 2. PVC -Coated Rigid Steel Conduit and Fittings. a. PVC -coated conduit, fittings, bodies, and covers shall conform to NEMA RN1 (Type A). Rigid steel galvanized conduit and fittings before coating shall conform to Federal Specification WW-C-581D, ANSI C80.1, and UL 6. Conduit bodies shall conform to UL 514B and Federal Specification W-C- 58C. Provide sufficient coating for touch up after installation. b. PVC -coated couplings shall be of the ribbed type. c. Condulet covers shall have encapsulated stainless steel thumb screws. d. Condulets and covers shall be of malleable iron or feraloy material before coating. All condulet bodies shall be minimum Form 8. e. A minimum of 2 mil thickness of urethane shall be applied on the interior of the conduit and the interior of all fittings, condulets, covers and bodies. 3. Flexible and Liquidtight Flexible Metal Conduit and Fittings. a. Use liquidtight flexible metal conduit manufactured in accordance with UL 1 and Federal Specification WW-C-566C. b. Fittings used with Liquidtight flexible metal conduit shall be the PVC- coated type and of such design as to thoroughly ground the conduit to the fittings, and through it to the box or enclosure to which it is attached. 16111-3 CONDUIT, FITTINGS AND BODIES c. Flexible couplings and fittings for use in hazardous areas shall comply with UL 886, NEC Article 501-4 (a&b), and Federal Specification W-C-586C. 4. PVC Conduit and Fittings. Use PVC conduit, bends, and fittings, which comply with NEMA TC2, W-C-A, and NEC Article 347-17 only for the straight horizontal runs of conduit in underground and red concrete encased conduit banks. PVC conduit shall be Schedule 40 or Schedule 80 depending on the installation location. PART3 EXECUTION 3.01 PREPARATION A. Confirm submittal of shop drawing with conduit and conduit fitting, sizes, types and routing shown. B. Ensure that the conduit system to be installed is sized properly for the cable and wire requirements. C. Verify the actual physical conduit route from the conduit plan drawings and prepare the conduit support system. D. Verify the equipment locations to which the conduit will be connected and determine detail requirements for connections. 3.02 INSTALLATION A. Install rigid galvanized steel conduit in all above grade locations. B. Install rigid, galvanized steel conduit for all conduit penetrations through finished grade, all penetrations through walls, all penetrations through concrete slabs, all conduits exiting conduit banks, all underground conduit bank bends greater than 30 degrees, for all spare conduit extensions and for all vertical conduit risers from underground conduit banks. C. Install Schedule 40 PVC conduit in the horizontal runs of underground and steel reinforced red concrete encased conduit banks. Install Schedule 80 PVC conduits and fittings in all chemical rooms. D. Run exposed conduit parallel or perpendicular to walls, ceilings or main structural members. Group multiple conduits together where possible. Do not install conduit where it interferes with the use of passageways, doorways, overhead cranes, monorails, equipment removal areas or working areas. In no case shall conduit routing present a safety hazard or interfere with normal plant operating and maintenance procedures. Maintain a minimum overhead clearance of 8'-0" in passageways. E. Installation and support of conduit shall be from steel or concrete structures in accordance with the standard detail drawings and these specifications. Furnish necessary conduit straps, clamps, fittings, support, etc. for all conduit in accordance with the standard details and these specifications. F. Identify all conduit at termination points such as at motor control centers, light fixtures, control panels, receptacles, instruments, lighting panels, pulUterminal/junction boxes, motors, 16111-4 CONDUIT, FITTINGS AND BODIES etc. through the use of stamped stainless steel tags (minimum one square inch) attached with stainless steel straps. G. Not more than 3 equivalent 90 degree bends will be permitted between outlets. Provide bonded expansion fittings at building expansion joints. H. Install conduit runs so that they are mechanically secure, mechanically protected from physical harm, electrically continuous, and neat in appearance. The interiors of conduit shall provide clean, smooth raceways through which conductors may he drawn without damage to the insulation. Make threaded connections wrench tight. Cut conduit square with a power saw or a rotary type conduit cutter designed to leave a flat face. Do not use plumbing pipe cutters for cutting conduit. Ream the cut ends of conduit with a reamer, designed for the purpose to eliminate rough edges and burrs. Cut threads with standard conduit dies providing 3/4-inch taper per foot, allowing the proper length so that joints and terminals may be made up tight and the ends of the conduit not deformed. Keep dies sharp and use a good quality threading oil continuously during the threading operation. Remove metal cuttings and oil from the conduit ends after the threads are cut and paint threads before connections are made. Use zinc rich, brush -on compound on the threads of steel conduit before connections are made. Use only tools specifically made for bending and installing PVC -coated or PVC conduit when installing these materials. J. Use strap wrenches only to tighten joints in PVC coated rigid steel conduit. Replace all conduit and fittings with damage to the plastic coating, such as cuts, nicks and threader chuck jaw marks. K. Make up changes in direction of conduit using elbows or fittings. Do not use pull boxes to make direction changes unless specifically designated otherwise. L. Field fabricated bends shall be free of indentations or elliptical sections. The radius of the bend shall not be less than 6 times the smallest diameter of the raceway. M. Protect all conduit terminations from mechanical injury. Prevent the entry of moisture and foreign mater into the conduit system by properly capping terminations. N. Avoid trapped runs of conduit, if possible. When they are necessary, provide drainage using a "tee" condulet equipped with a drain. Conduit is likely to pass through areas with a temperature differential of 20 degrees F or more. Seal penetrations with a proper seal fitting at the wall or barrier between such areas. For conduit passing through walls separating pressurized areas from non -pressurized areas, install sealing fittings at the wall on the non - pressurized side. O. Fit conduit crossing building or structure expansion joints with approved expansion fittings, except that fittings will not be required when conduit crossing an expansion joint is supported on trapeze hangers in such a way that at no time will the conduit be under stress due to expansion. Install bonding jumpers around expansion joint fittings. P. Where conduits terminate in metal enclosures provide threaded, grounding hubs with grounding lug. Restrict side penetrations to the lower one third of the enclosure. Provide flexible, liquid tight, metallic conduit where necessary to allow for movement or to localize sound or vibration, at transformers, at motors and any other rotating equipment Q. 16111-5 CONDUIT, FITTINGS AND BODIES unless shown otherwise on Drawings. The maximum length of such flexible and liquid tight metallic conduit shall be 15 times the inside diameter of the flexible conduit. R. Seal openings or holes where conduits pass through walls or floors. When conduits are passing through a firewall or fire -rated floor into different rooms, cabinets, or enclosures, use a fire -rated seal as shown in the typical detail included in the Drawings. Certain walls, as indicated on the Drawings, require environmental (air -tight) seals; seal as shown. S. Install explosion -proof seals in all conduit runs crossing or entering a hazardous classified area and as shown on the Drawings. Install type CSBE removable sealing fittings to seal all cables in the wet well, at the first terminal/junction/pull boxes outside the wet well, and as shown on the Drawings. T. Unless otherwise indicated on the Drawings, install expansion fittings every 300 feet within a straight conduit run and where conduit crosses building expansion joints, using bonding straps to ensure ground continuity. U. Parallel runs of conduit shall be supported by structural steel racks. When two or more racks are arranged one above the other, provide vertical separation of not less than 12 inches between racks, unless otherwise indicated on the Drawings. Space conduits on the racks at least enough to provide 3/4-inch clearance between hubs on adjacent conduits at terminations and to allow room for fittings. V. Fill conduit racks no more than 75 percent of their capacity, providing usable space for future conduit. To ensure this, conduits leaving the rack horizontally shall be offset up or down so that future conduits may be installed in the space remaining. Construct conduit racks to permit access for wire or cable pulling at all pull points, even when future conduits are added to fill the racks. W. Where conduit racks are supported on rods from beam clamps or by some other non -rigid suspension system, install rigid supports at no more than 50-foot intervals to give lateral stability to the rack. X. Conduit racks or hangers must in no way interfere with machinery (or its operation), piping, structural members, process equipment, or access to anticipated future equipment. Refer to architectural, structural, equipment layout and piping drawings to ensure that this requirement is met. Label high voltage conduit with the circuit phase -to -phase voltage by means of a firmly attached tag or label of approved design at each conduit termination, on each side of walls or barriers pierced and at intervals not exceeding 200 feet along the entire length of the conduit. Y. Support conduit sizes 2 inches and larger at spacings not exceeding 10 feet and conduit sizes 1-1/2 inches and smaller at spacings not exceeding 8 feet. Z. The means of fastening conduit to support structures shall be as follows: 1. by one hole galvanized malleable iron conduit straps - PVC coated if the conduit is so coated 2. by stainless steel wood screws to wood 3. by stainless steel bolts with epoxy set expansion anchors to concrete or masonry 4. by "Korn" clamps or U-bolts to other surfaces 5. Use "clamp backs" when strapping conduits to walls, column faces, or other such surfaces. 16111-6 CONDUIT, FITTINGS AND BODIES AA. Support, mount, and attach all conduit runs with 316 stainless steel components throughout unless otherwise noted. This includes all conduit clamps, hangers, straps, bolts, nuts, washers, all -thread, metal framing channel, etc. Conduits of 1-1/2 inch size or less may be supported by one -hole conduit straps on concrete, tile or steel work. For larger size conduit use 2-hole straps. BB. Install conduits supported from building walls with at least 1/4-inch clearance from the wall to prevent the accumulation of dirt and moisture behind conduit. CC. At a minimum size and space embedded conduits in structural slabs in accordance with the Uniform Building Code. Conduits should occupy no more than one-third the thickness of the slab and should not be closer than 3 times the largest conduit diameter on center without additional reinforcement. DD. Provide all conduit penetrations through slabs on grade, finished grade, etc. with a minimum 6 inch high extension of the underground conduit bank. END OF SECTION 16111-7 wk\ 600 VOLT POWER AND CONTROL CABLE SECTION 16122 600 VOLT POWER AND CONTROL CABLE PART 1 - GENERAL 1.01 DESCRIPTION A. Scope: Contractor shall furnish all labor, materials, installation, and testing required to install 600 volt power and control cable as shown and specified to form a complete electrical system. B. Codes and Standards: 600 volt power and control cable shall conform to the applicable standards as referenced in Section 16010. 1.02 SERVICE CONDITIONS A. The wire and cable will be installed indoors or outdoors subject to the climatic conditions described in Section 16010. Definitions for locations of installation are per Section 100 of ANSI-C1, the National Electrical Code. Temperature limitations for the use of wire and cable covered herein are per Section 310.10 of ANSI-Cl. 1.03 RATINGS A. The wire and cable shall be stranded copper and shall be rated not less than 600 volts AC, for use on a 60 hertz system. B. Wire and cable shall, as a minimum, meet the requirements of NEMA standard WC-70 and shall be capable and rated for continuous operation at a copper temperature of 90°C in both wet and dry locations. C. Ampacities will be calculated based upon the design ambient given in Section 16010 and the tables given in ANSI-Cl. PART 2 - PRODUCTS 2.01 CONSTRUCTION DETAILS A. General: 1. Single conductor wire shall be color coded. 2. For multi -conductor cables, the individual wires shall be color coded in accordance with NEMA WC-70. 16122-1 600 VOLT POWER AND CONTROL CABLE B. Power Cable, Single Conductor Wire: 1. Single conductor power wire shall be minimum No. 12 AWG, NEMA Class B stranded annealed copper. The wire shall have moisture and heat resistant thermoplastic insulation, Type XHHW where installed in conduit only. Type TC cable shall be utilized throughout the entire run where any of the involved wiring is installed in cable tray. C. Power Cable, Multi -conductor: 1. Power cables shall be four (4) conductor. The individual conductor jackets shall be color coded black, red, blue, and green (for ground wire). The ground wire shall be sized per NEMA Standard WC-70, but not be smaller than indicated in table 250.94 of ANSI -CI. 2. The multi -conductor power cable assembly shall be covered by a PVC jacket, having a thickness of not less than 0.08 inches. 3. Individual wire conductors and insulation shall be the same as in Section B, above. Type TC cable shall be utilized throughout the entire run where any of the involved wiring is installed in cable tray. 4. Fillers of suitable material shall be used in the interstices of the cable where necessary to give the completed cable a substantially circular cross section. D. Control Cable, Single Conductor Wire: 1. Single conductor control wire shall be the same as in Section B above, except that it shall be a minimum of No. 14 AWG. Type TC cable shall be utilized throughout the entire run where any of the involved wiring is installed in cable tray. E. Control Cable, Multi -conductor: 1. Individual wire conductors shall be the same as in Section D, above. 2. Individual conductors shall be color coded in accordance with NEMA Standard WC-70, method 1-colored compounds with tracers. 3. Fillers of suitable material shall be used in the interstices of the cable where necessary to give the completed cable a substantially circular cross section. 4. The assembly of insulated conductors shall be wrapped with tape to isolate them form the overall jacket. The tape shall be the supplier's standard. 5. The multi -conductor assembly shall be covered with PVC jacket per Section C.2 above. Type TC cable shall be utilized throughout the entire run where any of the involved wiring is installed in cable tray. 16122-2 600 VOLT POWER AND CONTROL CABLE PART 3 - EXECUTION 3.01 INSTALLATION A. All wire and cable installations shall be in accordance with the requirements of Section 16100. B. All wires over twelve (12) inches in length shall be provided with a printed wire marker, not handwritten, covered with a clear heat shrink encapsulated cover, at each end. Use wire marker and encapsulation materials as manufactured by Brady. Color coding by itself is not acceptable. 3.02 TESTING A. Testing of wire and cable shall be in accordance with the requirements on NEMA Standard WC-5 and Section 16010. All 600 volt wiring shall be megger tested regardless of whether it is for power, control, or instrumentation. All such testing shall be witnessed and approved by the Engineer. All results shall be formally recorded in an organized format and submitted to the Engineer for approval. The Engineer shall be provided with no less than one week prior written notice as to when this testing is to be completed. All testing and reporting shall occur prior to any wiring being terminated. END OF SECTION 16122-3 DEVICE, PULL, JUCTION BOXES AND WIREWAYS Section 16131 DEVICE, PULL, JUNCTION BOXES AND WIREWAYS PART 1 GENERAL 1.01 SECTION INCLUDES A. Specifications for device, pull, terminal, and junction boxes as well as wireways and wiring gutters. 1.02 REFERENCES A. American National Standards Institute/National Electrical Manufacturers Association (ANSI/NEMA). 1. FB 1 - Fittings and Support for Conduits and Cable Assemblies 2. 250 - Enclosures for Electrical Equipment (1000 volts maximum) B. American National Standards Institute/National Fire Protection Association (ANSI/NFPA), NFPA70 - National Electrical Code (NEC) - Article 370 - Outlet Device, Pull and Junction Boxes, Conduit Bodies and Fittings. C. Underwriters Laboratories (UL): 1. 50 - Safety Cabinets and Boxes 2. 508 - Safety Industrial Control Equipment 3. 514B - Safety Fittings for Conduit and Outlet Boxes 4. 886 - Safety Outlet Boxes and Fittings for Use in Hazardous Areas 1.03 SUBMITTALS A. Submit the following under provisions of Section 01330 - Submittal Procedures: 1. Manufacturer's cut sheets, catalog data 2. Instruction for handling and storage 3. Installation instructions 4. Dimensions and weights 1.04 DELIVERY, STORAGE AND HANDLING A. Pack and crate boxes to permit ease of handling and to provide protection from damage during shipping, handling and storage. 16131- 1 DEVICE, PULL, JUCTION BOXES AND WIREWAYS PART2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Sheet Metal Boxes 1. Hoffman 2. Or Approved Equal B. Cast Device Boxes 1. Appleton Electric Company 2. Crouse -Hinds, Division of Cooper Industries 3. Killark Electric Manufacturing Company 2.02 MATERIALS AND EQUIPMENT A. Sheet Metal Boxes 1. Provide UL-approved boxes manufactured from powder coated sheet steel sheet metal and meeting requirements of NEMA 3R for all areas. Enclosures shall have fully welded seams ground smooth throughout. 2. Provide boxes with a stainless steel continuous hinge, spring loaded closure hasps, and all -stainless steel hardware. 3. Furnish the door with neoprene gasket and padlocking hasp. B. Device Boxes 1. Provide UL-approved boxes designed and manufactured to house electrical devices like receptacles and switches, and in conformance with NEMA FB 1 and NEC Article 370. 2. Supply boxes that are hot -dip galvanized on cast iron suitable for corrosive and wet atmosphere. C. Hardware 1. Mounting Hardware: Stainless steel 2. Conduit Connectors: Watertight hubs as manufactured by Myers with auxiliary grounding lugs, or approved equal. PARTS EXECUTION 3.01 PREPARATION 16131- 2 r. DEVICE, PULL, JUCTION BOXES AND WIREWAYS A. Review the drawings and determine how many boxes of each kind are required and check if supplied quantity is sufficient. 3.02 INSTALLATION A. Boxes described in this specification shall be used both in dry and wet, corrosive areas, both inside and outside locations. B. At a minimum install boxes in accordance with NEC in locations indicated on the Drawings. C. Install junction and pull boxes in readily accessible places to facilitate wire pulls, maintenance and repair. D. Plug unused conduit openings. E. Make conduit connections to sheet metal boxes with watertight conduit hubs. END OF SECTION 16131- 3 SECTION 16140 WIRING DEVICES PART 1 GENERAL 1.01 SECTION INCLUDES A. Specifications for wiring devices including: WIRING DEVICES 1. Receptacles. 2. Wall switches. 3. Wall plates and cover plates. 1.02 REFERENCES A. American National Standards Institute/National Electrical Manufacturers Association (ANSI/NEMA): 1. NEMA WD1 - General Purpose Wiring Devices. 2. NEMA WD6 - Dimensional Requirements. B. Federal Specifications (WC-596F). C. American National Standards Institute/National Fire Protection Association (NFPA): 1. NFPA No. 70 - National Electrical Code (NEC), Articles 210 Branch Circuits, 250 Grounding and 410, Paragraphs 56, 57 and 58. 1.03 SUBMITTALS A. Submit the following under provisions of Section 01330 — Submittal Procedures: 1. Product Data: Manufacturer's product literature and specifications including dimensions, weights, certifications and instructions for handling, storage and installation. 1.04 DELIVERY, STORAGE AND HANDLING A. Pack and crate devices to permit ease of handling and protect from damage during shipping, handling and storage. 7/13/2012 WIRING DEVICES PART2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Bryant Electric B. Crouse -Hinds, Arrow Hart Division C. Hubbel Inc. Wiring Devices Division D. Leviton Manufacturing Company E. Pass & Seymour/Legrand. 2.02 MATERIALS AND EQUIPMENT A. Standards: Conform to NEMA WD1 for general requirements and NEMA WD6 for dimensional requirements. B. Manufacture devices to heavy-duty industrial specification grade with brown nylon bodies (orange for isolated -ground receptacles) back and side wiring provisions and green -colored grounding screws. C. Receptacles: 1. Duplex -type receptacles: Rated 20 amps at 120 volts. 2. Contacts: Brass or phosphor bronze. 3. Receptacle grounding system: Extend to the mounting strap unless isolated ground is indicated or required. 4. GFI or GFCI (ground fault circuit interrupter) receptacles: Provide feed -through type with test and reset button. D. Wall Switches: 1. Toggle switches: Rated 20 amps at 120/277 volts AC rated for both resistive and inductive loads. 2. Contacts: Silver cadmium oxide construction to prevent sticking, welding and excessive pitting. 7/13/2012 E. Cover Plates: WIRING DEVICES 1. In outdoor, corrosive and wet areas, provide cover plates of cast metal, gasketed with spring -loaded hinged covers and stainless steel hardware. 2. All other plates: Type 316 stainless steel. PART3 EXECUTION 3.01 PREPARATION A. Verify that device boxes are correctly placed. B. Verify that the correct quantity, size and type of wires are pulled to each device box. C. Verify that wiring has been checked at both ends. D. Prepare wire ends for connection to devices. E. Inspect each wiring device for defects. 3.02 INSTALLATION A. Install products in accordance with manufacturer's instructions. B. Install devices plumb and level. C. Install switches with OFF position down. D. Install receptacles with grounding pole on top. E. Connect wiring device grounding terminal to outlet box with bonding jumper. F. Connect wiring devices by wrapping conductors clockwise around screw terminals. G. Install cover plates on switch, receptacle and blank outlets in fmished areas. H. Energize and test devices for proper operation. END OF SECTION 7/13/2012 Section 16161 PANELBOARDS PART 1 GENERAL 1.01 SECTION INCLUDES A. Specifications for panelboards. 1.02 REFERENCES PANELBOARDS A. American National Standards Institute/National Electrical Manufacturers Association (ANSI/NEMA) 1. NEMA AB 1: Molded Case Circuit Breakers 2. NEMA PB 1: Panelboards 3. NEMA PB 1.1: Instruction for Safe Installation Operation and Maintenance of Panelboards rated 600 volts or less. 4. NEMA PB 1.2: Application Guide for Ground -fault Protective Devices for Equipment B. Federal Specifications, FS W-C-375A: Circuit Breakers, Molded Case, Branch Circuit and Service. C. American National Standards Institute/National Fire Protection Association (ANSUNFPA), NFPA No. 70 - National Electrical Code (NEC), Article 384 - Switchboards and Panelboards. 1.02 SUBMITTALS A. Submit the following under provisions of Section 01330 - Submittal Procedures: 1. Manufacturer's cut sheets and catalog data 2. Breaker arrangement 3. Breaker characteristic curves 4. Instruction for handling and storage 5. Installation instructions 6. Dimensions and weights 1.03 DELIVERY, STORAGE AND HANDLING A. Have panelboards packed and crated to permit ease of handling and to provide protection from damage during shipping, handling and storage. 16161-1 PANELBOARDS PART2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Sheet Metal Boxes 1. Square D Company 2. Siemens 3. Eaton 2.02 MATERIALS AND EQUIPMENT A. Basic Requirements 1. Use panelboards manufactured and tested in accordance with NEMA PB 1. 2. Provide circuit breakers of industrial grade, manufactured and tested in accordance with NEMA AB 1 and Federal Specification FS W-C-375. 3. Do not exceed 42 available single pole branch circuits in any one panelboard. B. Rating 1. Voltage rating, current rating, number of phases, number of wires and number of poles are indicated on Drawings. 2. Branch circuit breaker interrupting capacity shall be minimum 10,000 ampere RMS symmetrical for 208V; 25,000 ampere RMS symmetrical for 480V. C. Circuit Breakers: Molded case, bolt -on thermal magnetic type with number of poles and trip ratings as shown on the Drawings. Provide ground fault interrupters with trip rating where shown on the Drawings. D. Bus System 1. Bus Bars: 98 percent conductivity copper. Provide a solid neutral bar in 4-wire panelboards. Include ground bus in all panels. Provide split -bus panels where shown on Drawings. 2. Main: Circuit breaker or main lugs only as indicated on the Drawings or as required to meet the current interrupting ratings. E. Box and Trim 1. Construction: Code grade steel, ample gutter space, flush door, flush snap latch and lock. 2. Trim: Surface or flush as required. All panelboards shall be NEMA 3R powder coated steel enclosures. 16161-2 r-\ PANELBOApDS 3. Directory: Typed card, with glass cover in frame on back of door giving the circuit numbers and the area or equipment served. F. Conduit Connectors: Watertight hubs with grounding lugs as manufactured by Myers Hubs, or equal. PART3 EXECUTION 3.01 PREPARATION A. Review Drawings to verify that panelboards are correct for the application. 3.02 INSTALLATION A. Install the panelboard in accordance with NEMA PB 1.1 and NEC Article 384. B. Mount panelboards 6'-0" (to top of cabinet) above finished floor or grade. C. In wet and corrosive areas, including outdoor locations, install panel enclosures on spacers to provide approximately 1/4-inch between back of cabinet and mounting surface. D. In wet and corrosive areas, including outdoor locations, connect conduit to the bottom of enclosure and to the lower 30 percent of the sides using watertight connectors. END OF SECTION 16161-3 r Section 16165 DISCONNECT SWITCHES PART 1 GENERAL 1.01 SECTION INCLUDES A. Specifications for disconnect switches including: 1. Fusible disconnect switches 2. Non -fusible disconnect switches 3. Circuit breaker type disconnect switches 4. Fuses 5. Circuit breakers 1.02 REFERENCES DISCONNECT SWITCHES A. American National Standards Institute/National Electrical Manufacturers Association (ANSI/NEMA) 1. NEMA AB 1: Molded Case Circuit Breakers 2. NEMA KS 1: Enclosed Switches B. Underwriters Laboratories (UL) 1. UL 98: Standard for safety enclosed switches and Dead Front Switches 2. UL 198C: High Interrupting Capacity Fuses, Current Limiting type 3. UL 198E: Class R Fuses C. American National Standards Institute/National Fire Protection Association (ANSI/NFPA), NFPA No. 70 - National Electrical Code (NEC), Article 380 - Switches. 1.03 SUBMITTALS A. Submit the following under provisions of Section 01300 - Submittals: 1. Manufacturer's cut sheets and catalog data 2. Switch internal arrangement 3. Breaker or fuse characteristic curves 4. Instructions for handling and storage 5. Installation instructions 6. Dimensions and weights 16165-1 DISCONNECT SWITCHES 1.04 DELIVERY, STORAGE AND HANDLING A. Have disconnect switches packed and crated to permit ease of handling and to provide protection from damage during shipping, handling and storage. PART2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Disconnect Switches and Circuit Breakers: 1. Square D Company 2. Siemens 3. Eaton B. Fuses 1. Bussman Division, Cooper Industries 2. Gould Shawmut 3. Littelfuse Incorporated 2.02 MATERIALS AND EQUIPMENT A. Disconnect Switches 1. Characteristics: Horsepower rated, 600-volt, heavy-duty type with an interlocked door, positive quick -make, quick -break mechanism and visible blades. 2. Use switches and components designed, manufactured and tested in accordance with NEMA AB 1, NEMA KS 1, UL 98, and NEC Article 380. 3. Enclose switch in a NEMA 3R enclosure for all applications. All enclosures shall have continuously welded seams, welded smooth throughout and be powder coated. 4. Provide switches with provisions for padlocking the operating lever in OFF position and door in closed position. 5. Select switches having the number of poles and general size conforming to the Drawings. 6. Conform to fusible, non -fusible or circuit breaker type switch requirements as shown on Drawings or one -line diagrams. 7. Provide an early break auxiliary contact. 8. Select fuses or circuit breakers with current interrupting duty as calculated for the points of switch application or as indicated on the Drawings or one -line diagrams. B. Fuses. Unless otherwise noted on Drawings, for fuses used in disconnect switches, provide the dual -element, time -delay type with the maximum interrupting rating of 200,000 amperes, conforming to the NEC. 16165-2 DISCONNECT SWITCHES C. Circuit Breakers. When circuit breakers are used in disconnect switches, provide the thermal -magnetic type with current interruption ratings as required at the point of application. D. Conduit Connectors: Watertight as manufactured by Myers hubs with auxiliary grounding lugs, or equal. PART3 EXECUTION 3.01 PREPARATION A. Review the Drawings and verify that the disconnect switches are correct for the applications. B. Make sure that the correct fuses or breakers are being used regarding size and short circuit interrupting capability. C. Prepare adhesive labels on the inside door of each switch indicating UL fuse class and size or breaker type and size for replacement. 3.02 INSTALLATION A. Install the disconnect switches in accordance with and NEC Article 380. B. Mount switches 6'-6" (to top of cabinet) above finished floor or grade. C. In wet and corrosive areas, including outdoor locations, install switches on spacers to provide a space of approximate 1/4-inch between the back of cabinet and the mounting surface. D. In wet and corrosive areas, including outdoor locations, connect conduit to the bottom of enclosure and to the lower 30 percent of the sides using watertight connectors. END OF SECTION 16165-3 GROUNDING AND BONDING Section 16170 GROUNDING AND BONDING PART 1 GENERAL 1.01 SECTION INCLUDES A. Grounding electrodes and conductors B. Equipment grounding conductors C. Bonding D. Power system grounding E. Communication system grounding F. Electrical equipment and raceway grounding and bonding G. Control equipment grounding 1.02 REFERENCES A. American Society for Testing and Materials (ASTM) 1. ASTM B3: Soft or Annealed Copper Wires 2. ASTM B8: Concentric -Lay -Stranded Copper Conductors, Hard, Medium Hard, Soft 3. ASTM B33: Tinned Soft or Annealed Copper Wire for Electrical Purposes B. Institute of Electrical and Electronics Engineers (IEEE) 1. IEEE 142-82: Recommended Practice for Grounding of Industrial and Commercial Power Systems 2. IEEE 383-2.5: IEEE Standard for Type Test of Class IE Electric Cables, Field Splices, and Connections for Nuclear Power Generating Stations. C. Underwriters' Laboratories (UL) 1. UL 83: Thermoplastic Insulated Wire and Cables 2. UL 467: Grounding and Bonding Equipment D. National Fire Protection Association (NFPA), NFPA No. 70 - National Electrical Code (NEC), Article No. 250 - Grounding. 1.03 SUBMITTALS A. Submit the following under the provisions of Section 01330 - Submittal Procedures: 1. Manufacturer's cut sheets and catalog data 2. Installation, terminating and splicing procedure 3. Instruction for handling and storage 16170-1 GROUNDING AND BONDING 4. Dimensions and weight 1.04 QUALITY ASSURANCE A. Tests 1. Use insulated cable conforming to requirements of the vertical tray flame test as described in IEEE 383-2.5. 2. Test grounding system in the field in accordance with procedures outlined in Part 3 - Execution. 1.05 DELIVERY, STORAGE AND HANDLING A. Ship grounding cable on manufacturer's standard reel sizes unless otherwise specified. Where cut lengths are specified, mark reel footage accordingly. Each reel shall contain one continuous length of cable. Provide impact protection by wood lagging or suitable barrier across the traverse of the reel. Pack and crate other materials specified to withstand normal abuse during shipping, handling and storage. PART2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Cable 1. Cablec Continental Cables Company 2. General Cable Company 3. Okonite Company 4. Pirelli Cable Corporation 5. Rome Cable Corporation 6. Triangle Wire and Cable, Inc. B. Ground Rods and Connectors: 1. Blackburn 2. Copperweld 3. Thomas & Betts C. Exothermic Connections: 1. Burndy Corporation (Therm-O-Weld) 2. Erico Products (Cadweld) D. Grounding Connectors: 1. Burndy Corporation 2. O.Z. Gedney 3. Thomas & Betts 2.02 MATERIALS AND EQUIPMENT A. Design. Provide grounding cable and materials with the following characteristics: 16170-2 GROUNDING AND BONDING 1. Use a grounding system designed at a minimum in accordance with NEC Article No. 250 - Grounding, and the IEEE 142-82 - Recommended Practice for Grounding of Industrial and Commercial Power Systems. It is emphasized that the grounding system required by these plans and specifications require a grounding system of significantly greater degree of coverage than the referenced documents and standards require. B. Materials 1. Use grounding conductors, bare or insulated, which are manufactured and tested in accordance with applicable standards ASTM B3, ASTM B8 and ASTM B33. 2. Provide a main ground loop of No. 4/0 AWG, Class C stranded, bare copper cable. Small groups of isolated equipment may be grounded by a No. 2 AWG minimum insulated conductor connected to the main loop. Generally, taps shall be sized as follows: a. Main ground loop or grid #4/0 b. Switchgear, motor control centers and power transformers 1/1/0 c. Motors 200 hp and above #1/0 d. Power panels - AC and DC #2/0 e. Control panels and consoles #2 f. Building columns #4/0 g. Fencing posts #2/0 3. Where single conductor insulated grounding conductors are called for, use 600-volt insulation. Use ground conductors identified with green insulation or green tape marking. 4. Supply identifying ribbon which is PVC tape, 3 inches wide, red color, permanently imprinted with "CAUTION BURIED ELECTRIC LINE BELOW" in black letters as specified in Section 16195, Electrical Identification. 5. Utilize flexible copper braid across hinged chain link or fence gates to bond the movable portion to the grounded fence post. PART3 EXECUTION 3.01 PREPARATION A. Complete site preparation and soil compaction before trenching and driving ground rods for the underground grid. B. Verify from Drawings the exact location of stub -up points for grounding of equipment, fences and building or steel structures. 3.02 CONSTRUCTION CRITERIA A. Install the main ground loop at a depth of at least 24 inches below earth surface. Connect the ground loop to ground rods and to tap connections to form a complete system as indicated on the electrical Drawings. The Contractor shall give special attention to the 16170-3 GROUNDING AND BONDING grounding of service equipment, structures and fences to comply with the NEC, local authorities and the serving utility company. B. Electrical equipment, buildings, tanks, and other structures and equipment shall be grounded as indicated on the Drawings. Where ground rods are required, the rods shall be 10 feet long, 3/4 inch diameter, copper -clad steel ground rods. Rods shall be driven vertically, and the top of the rods shall be a minimum of 18 inches below finished grade, or as specified on the Drawings. C. Local pushbutton and selector switch stations, two -wire control devices, disconnect switches, lighting transformers, panelboards, operator panels, bench boards, and the enclosures of other electrical apparatus shall also be grounded through an equipment grounding conductor run with the power supply or control circuit conductors or shall be grounded as shown on the Drawings. D. Ground medium voltage motors, in addition to the grounding conductors in the motor feeder cable, with a separate No. 4/0 AWG cable to motor frame. E. Motors having power supplied by multiconductor cable shall be grounded by a separate grounding conductor in the cable and where supplied by single conductor cable in conduit by a grounding conductor pulled in the conduit. Connect ground conductors to the ground bus in the motor control center and to the ground terminal provided in the motor conduit box. F. Do not ground the insulated bearing pedestals of large motors. G. Connect ladder -type cable trays to the grounding electrode system. H. Install a warning ribbon approximately 12 inches below finished grade directly above the ground grid. I. Connect fence posts of chain link and metal fences to the main ground loop at least every 50 feet. 3.03 INSTALLATION A. Equipment Grounding 1. 2. 3. 4. 5. 6. Make grounding connections to surfaces which are dry and cleaned of paint, rust, oxides, scales, grease and dirt to ensure good conductivity. Clean copper and galvanized steel to remove oxide before making welds or connections. Use the exothermic welding process for all connections, except at ground rods and at terminal equipment/components. Make grounding tap connections to all electrical equipment, vessels, electrically driven mechanical equipment, structural steel, handrails, etc. Ground tanks and vessels by making connections to integral structural supports or to existing grounding lugs or pads, and not to the body of the tank or vessel. Leave ground connections to equipment visible for inspection. Protect all grounding taps with PVC non-metallic conduit. Make connections to motor frames and ground buses with lugs attached to the equipment by means of bolts. Do not use motor anchor bolts or equipment housing for fastening lugs of grounding cable. 16170-4 GROUNDING AND BONDING 7. Where the wiring for lighting systems consists of single conductor cables in conduit, provide each conduit with an equipment grounding conductor. Use a grounding conductor with green colored insulation and ground equipment in the lighting system. 16170-5 GROUNDING AND BONDING B. Raceway and Support Systems Grounding 1. 2. 3. 4. 5. Install raceway, cable rack or tray and conduit so that it is bonded together and permanently grounded to the equipment ground bus. Connection to conduit shall be through grounding bushing or ground clamp. Install raceway at low voltage motor control centers or other low voltage control equipment so that it is bonded and grounded, except that any conduit which is effectively grounded to the sheet metal enclosure by bonding bushing or hubs need not be otherwise bonded. Where a grounding conductor is run in or on a cable tray, bond the grounding conductor to each section of cable tray with a cable tray ground clamp. Where only grounding conductor is installed in a metal conduit, bond both ends of the conduit to the grounding conductor. Provide flexible "jumpers" around raceway expansion joints. Use copper bonding straps for steel conduit. Install jumpers across cable tray joints which have been parted to allow for expansion and any hinged cable tray connections. C. Power System Grounding 1. Solidly ground the secondary neutral of the main power supply transformer either to the ground grid. See Drawings for details. 2. Solidly ground the neutral of lighting, instrument and control transformers. D. Cable Armor and Shields 1. 2. E. Test Wells For shielded control cable, terminate and ground the shield at one end only, preferably at the control panel end for instrument and communication cable and at the supply end for electronic power cables. Maintain shield continuity by jumpering the ground shield across connection point where it is broken at junction boxes, or other splice points. Insulate these points from ground. Connect the ground wire in power cable assemblies at each terminal point to a ground bus, if available, or to the equipment enclosure. Do not carry these ground wires through a "doughnut" current transformer (CT) used for ground fault relaying; do carry ground leads from stress cones through CTs. Ground power cable armor and shield at each terminal point. 1. Provide access (test wells) for testing at each of the ground rod locations. Make test wells of a pipe surrounding the rod and connections with a cover placed on top at grade level. See Drawings for details. 2. Install ground rod/test wells at the service entrance pole to serve as the service entrance grounding electrode. Install additional ground rods/test wells as indicated on the Drawings. F. Test 1. Test after all underground installations are complete. 2. Make tests at each grounding tap using a "fall of potential" test method. Each grounding tap shall not exceed a maximum resistance of 5 ohms. Where measured values exceed this figure, install additional ground rods as required 16170-6 GROUNDING AND BONDING to reduce the resistance to the specified limit. Testing shall occur at each grounding tap location. 3. All grounding system testing shall be fully completed, formally organized and submitted, and accepted prior to any equipment being energized. G. Inspection. Inspection of the grounding system by the Engineer and the local Code Inspector must take place before the grid trenches are backfilled. END OF SECTION 16170-7 r\ ELECTRICAL IDENTIFICATION Section 16195 ELECTRICAL IDENTIFICATION PART 1 GENERAL 1.01 SECTION INCLUDES A. Specification for electrical identification including: 1. Nameplates and labels 2. Wire and cable markers 3. Conduit markers 4. Cable tray markers 5. Underground warning tape 6. Warning labels 1.02 REFERENCES A. American National Standards Institute/National Fire Protection Association (ANSUNFPA) 1. No. 70 - National Electrical Code (NEC) a. Article 110 - Requirements for Electrical Installation b. Article 430 - Transformers and Transformer Vaults B. City of Houston Building Code C. Other applicable Codes and Standards as referenced in other Sections. D. Underwriters Laboratories. U.L. Standards No. 224 - Extruded Insulated Tubing 1.03 SUBMITTALS A. Submit the following under the provisions of Section 01330 - Submittal Procedures: 1. Manufacturer's cut sheets and catalog data 2. Description of materials used 3. Label or nameplate dimensions 4. Engraving or imprint legends 5. Instruction for handling and storage 6. Installation instructions 1.04 DELIVERY, STORAGE AND HANDLING A. Pack materials to permit ease of handling and to provide protection from damage during shipping, handling and storage. 16195-1 ELECTRICAL IDENTIFICATION PART2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Almetek Industries Incorporated B. Brady U.S.A. Incorporated C. Ideal Electric Company D. Raychem Corporation E. 3M Electrical Products Division F. Thomas & Betts G. Tyton Corporation 2.02 MATERIALS AND EQUIPMENT A. Nameplates and Labels 1. Provide an identification tag for each item of electrical equipment showing its item number and service or application. Use the description shown on the electrical Drawings. 2. For nameplates, use 3-ply phenolic material engraved to show black lettering on a white background. Size the nameplates approximately 1 inch wide and 3 inches long for 3 lines of 3/16 inch - 16 letters with a 0.8 condensed factor. 3. Generally, provide large pieces of equipment with engraved nameplates; provide additional nameplates at pushbuttons and other local devices; as detailed. Provide identification for all other electrical equipment, device or enclosure not furnished with readily noticeable tag, nameplates or other means of identification. 4. Install nameplates on the front cover of transformers stating the transformer service location number or identification number, the panelboard or device served, and main breaker feeding the transformer (MCC No. and compartment), and the drawing number on which the transformer schematic is shown. 5. Furnish equipment, such as motor starters, safety switches, welding receptacles and circuit breakers, with 1" x 3" plastic nameplates stating description of item served. 6. Provide nameplates for motors giving the driven equipment description, the service location number, and the MCC number with compartment number when applicable. Nameplates will normally be mounted adjacent to the motor at the motor pushbutton when one is furnished. 7. Install nameplates on the outside and inside of doors to circuit breaker panelboards (i.e., lighting, instrument or receptacle panels). State the panelboard name, the drawing number on which the panelboard schedule shows, and the main breaker feeding the panel (MCC No. and compartment). 8. Type panelboard directories and insert them inside the panelboard doors. 9. Place a large nameplate approximately 3 "x5" on control panels, relay panels, junction boxes or enclosures with electrical devices mounted inside or on the outside of the enclosure indicating the purpose of the cabinet. 16195-2 ELECTRICAL IDENTIFICATION 10. Provide a nameplate on MCC motor starter doors duplicating motor nameplate data. B. Wire and Cable Markers 1. Use pre-printed tubular heat -shrink type wire and cable markers. 2. Select markers manufactured so that the heat -shrink process makes the imprint permanent and solvent -resistant. 3. Use markers that are self -extinguishing, conforming to U.L. Standard No. 224 for print performance, heat shock and flammability. 4. Provide marker material that is flexible, radiation cross -linked polyolefin with 3 to 1 shrink ratio, rated 600 volts, and white in color. C. Conduit Markers 1. Provide conduit markers made of stainless steel tags approximately 2 inches x 1 inch x 19 gauge. 2. Stamp the caption on the tag and have it black filled. 3. Punch tags for tie fasteners. Fasten tags to the conduits with stainless steel braided wire. D. Cable Tray Markers 1. For high visibility and contrast, use cable tray markers that are yellow with black legend. 2. Use markers made of vinyl impregnated cloth, suitable for exposure to corrosive, wet and abrasive environment. 3. Make markers of pre-cut individual letters or numbers with pressure sensitive adhesive backing. 4. Size legend characters to 4 inches high on a total marker height of approximately 5 inches, suitable for applying to 6-inch side rails of a cable tray. E. Underground Warning Tape 1. Provide warning tape made of 4 mil thick polyolefin film, 3 inches wide, suitable for direct burial and resistant to alkalis, acids and other common soil substances. 2. Use red tape with black legend printed in permanent ink. F. Warning Labels 1. Place OSHA safety labels on enclosures and boxes 100 cubic inches or more containing electrical equipment or terminations. 2. Provide OSHA color codes for the labels. Use labels made from 4 mil vinyl with pressure sensitive adhesive backing. 3. The warning label caption is DANGER - 480 VOLTS or as indicated on the Drawings. 4. Size labels either 5 inches x 3-1/2 inches or 10 inches x 7 inches, as indicated on the Drawings. PART3 EXECUTION 16195-3 ELECTRICAL IDENTIFICATION 3.01 PREPARATION A. Degrease and clean surfaces where adhesive labels will be applied. B. Drill holes for nameplates to be fastened with stainless screws. C. Prepare the cable ends for termination and conductor markings. D. Identify conduits at terminating points and select tags accordingly. 3.02 INSTALLATION A. Install nameplates and labels in accordance with the manufacturer's instructions and the Drawings. B. Apply wire and cable markers in accordance with manufacturer's instructions using a heat gun with properly sized nozzle for the application. Tag the wires at both ends with the same notation. C. Tag conduits at junction boxes, pull boxes and at other termination points. D. Identify cable trays at the time of installation with the alphanumeric number shown on the Drawings. Label cable trays on the outside rail. Place the tray identifier at each point where the tray designation changes and at 200 foot intervals in between, but not less than two per run. E. Identify underground conduits, cables or duct banks using the underground warning tape. The underground grounding grid, including the laterals. Also use underground warning tape. Install one tape per trench at 12 inches below grade or as indicated on the Drawings. For wide trenches or duct banks, install one warning tape per 24 inch width. F. Apply the 5 inches by 3-1/2 inches warning labels to disconnect switches, panelboards, terminal boxes, and similar devices in accordance with manufacturer's instruction and the Drawings. Apply the 10 inches x 7 inches warning labels to larger control panel enclosures, motor control centers and to entrance doors to buildings containing electrical power and control equipment. END OF SECTION 16195-4 UNDERGROUND CONDUIT BANKS Section 16402 UNDERGROUND CONDUIT BANKS PART 1 GENERAL 1.01 SECTION INCLUDES A. Underground electrical duct (conduit) banks consisting of one or more conduits. All such underground runs of conduit shall be encased in steel reinforced, red concrete. 1.02 REFERENCES A. National Fire Protection Association (NFPA): No. 70 - National Electrical Code (NEC) Appendix B. 1.03 SUBMITTALS A. Catalog cut sheets of the ducts and spacers. 1.04 DELIVERY, STORAGE AND HANDLING A. Have duct spacers and associated hardware packed and crated to avoid damage during shipment and handling. B. Clearly mark packages or crates stating that the material is for electrical duct banks only. PART2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Thomas and Betts. B. Underground Devices Inc. C. Walker Division, Butler Manufacturing Company. 2.02 MATERIALS AND EQUIPMENT A. Conduit. Construct underground conduit banks using principally Schedule 40 rigid PVC conduit with associated sections of rigid, galvanized steel conduit. Refer to Section 16111 - Conduit, Fittings and Bodies. B. Spacers. Secure conduit with non-magnetic, universal, interlocking -type spacers for both horizontal and vertical duct arrangements with #5 steel reinforcing bars for vertical support to form a support lattice. In all cases maintain the required minimum spacing between conduits. PART3 EXECUTION 16402-1 UNDERGROUND CONDUIT BANKS 3.01 PREPARATION A. Verify from Drawings and field survey that the location of conduit banks does not interfere with any existing or new underground facilities. B. Verify that materials are on site in proper condition and that sufficient quantity is on hand for the work. C. Verify that trenches are in the correct places and prepared with sufficient depth and width to accommodate the conduit banks, reinforcing rod, and concrete. D. Be prepared for inspection of the duct banks before reinforcing rod is installed. E. Verify that the duct banks are free of debris and properly installed in the support and spacer systems and that the ducts are properly fitted together and firmly held in place by the hold down hardware. F. Provide 24-hour notice to Engineer and the Local Code Inspector for cover-up inspection before pouring electrical conduit banks. 3.02 INSTALLATION A. Use the size and types of conduit as indicated on the Drawings for the various duct banks required for the project. B. Make conduit bank installations and penetrations through foundation walls watertight. C. Assemble duct banks using non-magnetic saddles, spacers and separators. Position conduits to provide 3-inch minimum separation between the outer surfaces of the conduits. D. Provide a three (3) inch minimum cement stabilized sand covering on both the sides, top and bottom of conduit bank envelopes around conduits and/or reinforcing steel where the conduit banks cross roadways. E. Firmly fix ducts in place during backfilling with native soil or cement stabilized sand. Carefully spade soil or cement stabilized sand to ensure the complete filling of spaces between ducts. F. Make bends with sweeps of radius not less than 6 times the smallest diameter of the raceway. G. Make a transition from non-metallic to rigid galvanized steel conduit where required with specific emphasis where conduit banks or individual conduits in underground conduit banks change direction, exit underground conduit banks, pass through slabs on grade, enter structures, or turn vertically for continuation above grade. H. Where ducts enter structures such as handholes, manholes, pullboxes, or buildings, terminate the ducts in suitable end bells, insulated L-bushings, Meyers hubs or couplings on steel conduits. Tag conduit entering pull boxes with stamped, stainless steel tags. Identify as designated in cable and conduit schedule. I. Do not backfill with material containing large rock, paving materials, cinders, large or sharply angular substances, corrosive material, or other materials which can damage or contribute to corrosion of ducts or prevent adequate compaction of fill. 16402-2 UNDERGROUND CONDUIT BANKS J. After completion of the duct bank and prior to pulling cable, pull a mandrel, not less than 12 inches long and with a cross section approximately one-fourth inch less than the inside cross section of the duct, through each duct. Then pull a rag swab or sponge through to remove any particles of earth, sand or gravel that may have been left in the duct. Repull the rag or sponge swab until the swab emerges clean. K. Use properly rated pull strings to pull conductors into conduits. Do not use nylon or wire cable for this purpose. L. Install a warning ribbon approximately 12 inches below finished grade over each underground duct banks. Each such warning tape shall be of the traceable type. Refer to Section 16195 - Electrical Identification. M. For manholes and pull boxes below grade, install wire racks to support cables properly around the perimeter and keep them dry. N. For manholes and pull boxes below grade, construct a french drain, or other drainage as detailed on the Drawings. O. All joints between conduit pours shall be fully reinforced. All terminal points of duct banks to underground handholes/manholes or lift station structures shall be fully doweled. All such dowels for connection to other concrete structures shall be installed through drilling and doweling with epoxy being used to secure all such doweling in place. END OF SECTION 16402-3 DRY TYPE TRANSFORMERS SECTION 16461 DRY TYPE TRANSFORMERS PART 1 GENERAL 1.01 SECTION INCLUDES A. Specifications for dry -type transformers for the following applications: 1. Motor drive isolation 2. Shielded isolation 3. Non -linear loads 4. General purpose 1.02 REFERENCES A. American National Standards Institute/National Electrical Manufacturers Association (ANSI/NEMA) 1. ANSI No. C89.2: Transformers 2. NEMA ST 1: Specialty Transformers 3. NEMA ST-20: Dry -Type Transformers for General Applications B. Underwriters Laboratories (UL): UL 506 - Standard for Safety Specialty Transformers. C. American National Standards Institute/National Fire Protection Association ANSUNFPA): NFPA No. 70 -National Electrical Code (NEC); Article 450 - Transformers and Transformer Vaults. 1.03 SUBMITTALS A. Submit the following under provisions of Section 01330 — Submittal Procedures: 1. Outline dimensions, support points and unit weight. 2. Electrical characteristics, including impedance and tap configuration. 3. Insulation type, rated temperature rise, and total insulation system. 4. Test reports, for transformers 300 KVA and above, indicating losses at 25, 50, 75 and 100 percent rated load and sound levels. 8/25/17 DRY TYPE TRANSFORMERS 5. Connection diagrams. 6. Catalog data. 7. Operation and maintenance data. 1.04 QUALITY ASSURANCE A. Tests. Run manufacturer's test on transformers in accordance with Underwriters Laboratories (U.L.) Standard No. UL-506. 1.05 DELIVERY, STORAGE AND HANDLING A. Have transformers individually packed and crated to permit ease of handling and to provide protection from damage during shipping, handling and storage. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. ACME Transformer B. Cutler -Hammer C. General Electric D. Hevi-Duty E. Westinghouse Electric F. Square D Company 2.02 MATERIALS AND EQUIPMENT A. Use dry -type transformers for lighting system or other general purpose applications, motor drive isolation, shielded isolation and non -linear load requirements. B. Provide transformers with copper windings housed in NEMA 3R enclosures. C. Select transformers designed and constructed in accordance with NEMA ST-1, NEMA ST-20 and the NEC Article 450. D. For applications up to 30 KVA, use transformers that are encapsulated, non -ventilated type with 115 degree C temperature rise and 185 degree C insulation class. 8/25/17 DRY TYPE TRANSFORMERS E. Provide transformers with full capacity winding taps a minimum of two 2-1/2 percent above and two 2-1/2 percent below normal voltage. F. For applications of 30KVA and above use transformers that are the drip -proof ventilated type for indoor mounting only. G. Use transformers with sound levels in accordance with NEMA ST-20. H. Basic impulse level (BIL) shall be 10KV for transformers less than 300 KVA, 30KV for transformers 300KVA and larger. I. Ground core and coil assembly to enclosure by means of a visible flexible copper strap. J. Provide transformers with lifting eye bolts or brackets. K. Provide transformer nameplates of stainless steel, marked in accordance with NEC Article 450-11. Fasten nameplate to the transformers with stainless steel screws or rivets. L. Refer to the one -line diagram or the Drawings for transformer size, volt and wire configuration. M. Special purpose transformers shall be as follows: 1. Motor drive isolation transformers: designed for 3-phase SCR controlled, variable speed motor voltages with bracing to withstand stresses associated with motor drives. 2. Shielded isolation transformers shall be designed for power inputs to microprocessors and computers that require additional protection from electrical disturbances with the use of grounded electrostatic shielding. 3. Non -linear transformers shall be designed to withstand the heating effects caused by harmonics resulting from non -linear, non -sinusoidal loads. Use K- rated transformers for non -linear loads. PART 3 EXECUTION 3.01 PREPARATION A. Verify dimensions of housekeeping pads or other support structures to ensure proper fit. 8/25/17 DRY TYPE TRANSFORMERS B. Verify raceway and wiring drawings that are prepared for the transformers and check them against the manufacturer's information. C. Verify that the protective devices planned for the transformers are in accordance with NEC Article 450. 3.02 INSTALLATION A. Install transformers plumb and level and in accordance with manufacturer's instructions and the NEC Article 450. B. Use flexible conduit for connection to transformer case. Make conduit connections to side panel of enclosure. C. Mount transformers on isolation pads as required to isolate transformer noise from the buildings structure. D. Wire transformer primary and secondary in accordance with the nameplate instructions and the designated voltages as shown on the one -line diagram. END OF SECTION 8/25/17 MOBILE POWER DISTRIBUTION UNIT Section 16490 MOBILE POWER DISTRIBUTION UNIT PART 1 GENERAL 1.01 SECTION INCLUDES A. Specification for mobile power distribution unit to include a 45KVA 480-208/120V transformer, panelboard, receptacles, disconnect switch, cable and cart. 1.02 REFERENCES A. American National Standards Institute/National Electrical Manufacturers Association (ANSUNEMA). 1. NEMA KS 1: Enclosed Switches 2. NEMA AB 1: Molded Case Circuit Breakers 3. NEMA PB 1.1: Instruction for Safe Installation Operation and Maintenance of Panelboards rated 600 volts or less. 4. NEMA PB 1.2: Application Guide for Ground -fault Protective Devices for Equipment 5. FB 1 - Fittings and Support for Conduits and Cable Assemblies 6. 250 - Enclosures for Electrical Equipment (1000 volts maximum) 7. ANSI No. C89.2: Transformers 8. NEMA ST 1: Specialty Transformers 9. NEMA ST-20: Dry -Type Transformers for General Applications 10. NEMA WD1 — General Purpose Wiring Devices 11. NEMA WD6 — Dimensional Requirements B. Federal Specifications, FS W-C-375A: Circuit Breakers, Molded Case, Branch Circuit and Service and WC-596F. C. American National Standards Institute/National Fire Protection Association (ANSUNFPA), NFPA70 - National Electrical Code (NEC) — including but not limited to Article 384-Switchboards and Panelboards, Article 380-Disconnect Switches, Article 450- Transformers and Transformer Vaults, 210- Branch Circuits, 406- Receptacles, Cord Connectors and Attachment. Plugs, Article 250 — Grounding. D. Underwriters Laboratories (UL): 1. 1640 — Portable Power Distribution Equipment 2. 98- Standard for safety enclosed switches and Dead Front Switches 3. 514B - Safety Fittings for Conduit and Outlet Boxes 4. 506 — Standard for Safety Specialty Transformers 16490- 1 MOBILE POWER DISTRIBUTION UNIT 1.03 SUBMITTALS A. Submit the following under provisions of Section 01330 - Submittal Procedures: 1. Manufacturer's cut sheets, catalog data 2. Instruction for handling and storage 3. Installation instructions 4. Dimensions and weights 1.04 DELIVERY, STORAGE AND HANDLING A. Pack and crate boxes to permit ease of handling and to provide protection from damage during shipping, handling and storage. PART2 PRODUCTS. 2.01 ACCEPTABLE MANUFACTURERS A. Transformer 1. ACME Transformer 2. Cutler -Hammer 3. General Electric 4. Hevi-Duty 5. Westinghouse Electric 6. Square D Company B. Panelboard 1. Square D Company 2. Siemens 3. Eaton C. Disconnect Switch 1. Square D Company 2. Siemens 3. Eaton 16490- 2 MOBILE POWER DISTRIBUTION UNIT 2.02 MATERIALS AND EQUIPMENT A. Transformer 1. Provide a 45KVA, 480-208/120V dry type transformer in accordance with Specification 16461. B. Panelboard 1. Provide a NEMA 3R 208/120V, 175A MCB Panelboard with (18) eighteen 120V 20A breakers in accordance with Specification 16161. C. Receptacles 1. Provide (18) eighteen simplex 120V, 20A weatherproof receptacles with GFCI in accordance with 16140. Weatherproof covers shall permit the cover to be closed when a cable is connected. D. Disconnect Switch 1. Provide a NEMA 3R non -fusible disconnect switch rated at 75A or more in accordance with Spec 16165. E. Cable 1. Provide a 100 foot 3/C cable # 2 AWG with #4 ground. In addition, tie wrap a #4 AWG external ground wire to be connected to the secondary of the transformer. Make sure one side of the cable contains an Arktite Mating Plug Cat. # APJ10487. F. Transportation Cart for Unit 1. Provide a transportation cart with heavy duty wheels to be able to be pushed over rugged terrain. The tires shall be constructed of non -inflatable hard rubber and they shall be of sufficient width to permit the cart to be moved over wet grassy areas. The run flat 10" tractor wheels are ideal. G. Hardware 1. Mounting Hardware: Stainless Steel. 2. Conduit Connections: Watertight hubs with grounding lugs as manufactured by Myers Hubs or equal. 16490- 3 MOBILE POWER DISTRIBUTION UNIT 3. To facilitate grounding of the cart provide a #6 AWG green insulated grounding electrode conductor wire that will connect to the permanently installed ten foot long copper clad ground rod. The ground resistance of each electrode shall be less than 5 ohms. If 5 ohms cannot be achieved, multiple rods in the configuration of a triad at 10 feet apart should be added. PART3 EXECUTION 3.01 PREPARATION A. Review the drawings to verify that the mobile power distribution unit is the correct one for the application. 3.02 INSTALLATION A. Boxes described in this specification shall be used both in dry and wet areas, both inside and outside locations. B. Make conduit connections to sheet metal boxes with watertight conduit hubs. C. Install transformers plumb and level and in accordance with manufacturer's instructions and the NEC Article 450. D. Mount transformers on isolations pads as required to isolate transformer noise from the buildings structure. E. Wire transformer primary and secondary in accordance with the nameplate instructions and the designated voltages as shown on the one -line diagram. F. Install receptacles with grounding pole on top. G. Install products in accordance with manufacturer's instructions. H. Install receptacles plumb and level. I. Connect receptacles by wrapping conductors clockwise around screw terminals. J. Connect receptacles grounding terminal to outlet box with bonding jumper. K. Energize and test devices for proper operation. END OF SECTION 16490- 4 Section 16510 LIGHTING FIXTURES PART 1 GENERAL 1.01 SECTION INCLUDES A. Specification for: 1. Fluorescent lighting fixtures 2. High intensity discharge (HID) lighting fixtures 3. Emergency lighting fixtures 4. Exit fixtures 5. Incandescent lighting fixtures 6. Photo cells 1.02 REFERENCES LIGHTING FIXTURES A. American National Standards Institute/National Fire Protection Association (ANSUNFPA) 1. No. 70 - National Electrical Code (NEC) a. Article 410 - Lighting Fixtures, Lamp holders, Lamps and Receptacles b. Article 500 - Hazardous (classified) locations c. Article 700 - Emergency Systems 2. No. 101 - Life Safety Code B. American National Standards Institute (ANSI) 1. C78.379 - Electric Lamps - Incandescent and High Intensity discharge Reflector Lamps - Classification of Beam Patterns. 2. C82.1 - Ballasts for Fluorescent Lamps - Specifications. 3. C82.4 - Ballasts for High -Intensity -Discharge and Low -Pressure Sodium Lamps (Multiple -Supply Type). C. American National Standards Institute/Illuminating Engineering Society (ANSI/IES): The IES Handbook shall be used as a basis for design and construction of lighting systems. D. American Society of Heating, Refrigeration and Air -Conditioning Engineers, Inc./Illuminating Engineering Society (ASHRAE/IES): ASHRAE/IES 90.1 - 1989 - Energy Efficient Design of new Buildings Except Low -Rise Residential Buildings. E. American National Standards Institute/Underwriters Laboratories (ANSI/UL). 1. UL1570 - Fluorescent Lighting Fixtures. 2. UL1571 - Incandescent Lighting Fixtures. 3. UL1572 - High Intensity Discharge Lighting Fixtures. 16510-1 LIGHTING FIXTURES 4. UL844 - Fixtures for Hazardous Areas. 1.03 SUBMITTALS A. Submit the following under the provisions of Section 01330 - Submittal Procedures: 1. Outline dimensions, support points and unit weight. 2. Operation and maintenance data. 3. Complete test report with photometric curves. 4. Storage, handling, and installation recommendation. 5. Connection diagrams. 6. Catalog data. 1.04 QUALITY ASSURANCE A. Tests. Run manufacturer's tests on lighting fixtures in accordance with applicable Underwriters Laboratories (U.L.) Standards 1570, 1571 and 1572. 1.05 DELIVERY, STORAGE AND HANDLING A. Have lighting fixtures individually packed to permit ease of handling and to provide protection from damage during shipping, handling and storage. PART2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Benjamin Div., Thomas Industries B. Crouse -Hinds, Div. of Cooper Industries C. G.E. Lighting System D. Guth Lighting E. Holophane Company, Inc. F. Hubbell Lighting, Inc. G. Killark Electric Mfg. Company H. Lithonia Lighting I. Pauluhn Electric J. Wide-Lite Corporation K. Dual-Lite Company 16510-2 2.02 REQUIREMENTS LIGHTING FIXTURES A. Provide lighting fixtures in accordance with the lighting plan Drawings, Lighting Fixture Schedules and this specification. B. Fluorescent Lighting Fixtures 1. Fixtures a. Select fixtures designed for operation on rapid start ballast circuit with medium bipin T8 bases. b. Use ballasts with high power factor rapid start electromagnetic type in accordance with ANSI C82.1. c. Use fixtures tested and approved under UL 1570 for damp locations as a minimum. d. Provide heavy duty industrial type fixtures with baked white finish, spring loaded metal clad lamp holders and heavy duty apertured reflector, unless indicated otherwise on the Drawings. 2. Ballasts a. Ballasts shall be UL listed with a Class P thermal rating, a Class A sound rating conforming to Part 18 of CFR 47 of the Federal Communications Commission Rules and Regulations. b. Ballasts shall comply with ANSI C62.1-1984 (IEEE 587) for line transients and ANSI C78-1 for maximum starting voltage for each type of fluorescent lamp. c. Ballasts shall be for minimum starting temperature of 0 degree F, unless otherwise specified and shall have a power factor greater than 0.90 and shall not contain PCB (Polychlorinated biphenyls). d. Ballasts shall maintain constant light output for line voltage fluctuations of plus or minus 10 percent and be able to operate properly with plus or minus 15 percent voltage fluctuations. e. Ballast factor: Ballasts shall comply with ANSI C82.1 and shall have a high ballast factor (.88 or greater) when firing the number of lamps wired to the ballast. f. Crest factor: Ballasts shall have a lamp current crest factor, CCF, of 1.65 or less, and shall be furnished by the manufacturer. g. Electronic ballasts shall have an output frequency of 20 Khz or higher with less than 2 percent lamp flicker. The average ballast life shall be rated at 60,000 hours or greater based on 3 hour average burn cycles. Total Harmonic Distortion (THD) shall not exceed 10 percent and third Harmonic Distortion shall be less than 6 percent. h. For lamp types for which none of the acceptable manufacturers produces an electronic ballast, the ballast shall be energy -saving magnetic type. i. Ballast and T8-lamp compatibility: Ballasts for use with T8 lamps shall be compatible with T8 lamps only. The ballast shall not adjust current if T12 lamps are inserted. j. Ballast and T12-lamp compatibility: Electronic ballasts for use with T12 lamps shall be T12 compatible only. k. Ballast for Compact Fluorescent Lamps: Ballasts shall be High Power Factor (HFP) type. 16510-3 LIGHTING FIXTURES 1. Warranty: Ballast shall carry a manufacturer's warranty against failure due to defects in material or workmanship for 5 years. 3. Lamps a. Fluorescent lamps shall meet the following specifications unless otherwise specified for a particular lamp. b. Lamp Type: Lamps shall be T8 tri-phosphor type. c. Lamp Correlated Color Temperature, CCT: Lamps shall have a manufacturer's Correlated Color Temperature, CCT, of 4100K. d. Lamp Color Rendering Index, CRI: Lamps shall have a Color Rendering Index, CRI, of greater than 75. e. 4-foot Fluorescent Lamp type: Lamps shall be 4-foot Phillips F32T8/TL741, or equal. Initial lumen output shall be 2850 lumens or greater with a design lumen output of 2600 lumens or greater at 40 percent of rated lamp life. Lamps shall have an average rated life at 20,000 hours or greater, based on 3-hour burn cycles. f. 8-foot Fluorescent Lamp type: Lamps shall be 8-foot Phillips F96T8/TL741, or equal. Initial lumen output shall be 4500 lumens or greater with a design lumen output of 4050 lumens or greater at 40 percent of rated lamp life. Lamps shall have an average rated life at 15,000 hours or greater, based on 3-hour burn cycles. g. U-lamp type: U-lamps shall be Phillips FB31T8/TL741, or equal. Initial lumen output shall be 2600 lumens or greater with a design lumen output of 2370 lumens or greater at 40 percent of rated lamp life. Lamps shall have an average rated life at 20,000 hours or greater, based on 3-hour burn cycles. h. Compact Fluorescent Lamps Short: Lamps shall be Phillips PL-S 13W/41, or equal. Initial lumen output shall be 900 lumens or greater. Lamps shall have an average rated life at 10,000 hours or greater, based on 3-hour burn cycles. i. Compact Fluorescent Lamps Long; Lamps shall be Phillips PL-L 40W/2G11/RS/41, or equal. Initial lumen output shall be 3150 lumens or greater with a design lumen output of 2835 lumens or greater at 40 percent of rated lamp life. Lamps shall have an average rated life at 20,000 hours or greater, based on 3-hour burn cycles. C. High -Intensity Discharge (HID) Fixtures 1. Provide fixtures that are High Pressure Sodium (HPS) type. 2. Select fixtures which are enclosed and gasketed with mogul base porcelain lamp socket. 3. Use ballast high power factor type with taps for 120V, 208V and 277V input voltage, conforming to ANSI Standard C82.4. 4. Refer to Drawings or fixture schedules specific types, sizes and mounting hardware. D. Emergency Fixtures / Exit Fixtures 1. In working areas such as dry wells, or valve vaults with two or more levels, rooms which do not exit directly outside, or rooms with multiple means of egress, exit signs and lighting are required for safe evacuation of workers. 2. Provide Dual Light AS-160-BCI wall -mounted, sealed beam, battery powered packs with dual heads where emergency illumination is required. 3. In areas where exit signs and emergency lighting is needed, utilize Dual Light ESRWW-RGI packs to provide both. 16510-4 LIGHTING FIXTURES E. Incandescent Lighting Fixtures 1. Provide incandescent lighting fixtures with a maximum 150W design and vandal - proof construction. 2. Fixtures shall be made for wall, ceiling or pendant mount in accordance with the Drawings or fixture schedules. 3. Fixtures shall be designed for single incandescent lamp, medium base for maximum 150 watts with cast aluminum base and vandal -resistant polycarbonate lens or globe. 4. For outdoor application the fixtures shall be of vapor proof NEMA 4X construction with globe, guard and stainless steel hardware. 5. In hazardous areas the fixtures shall be approved under standard UL844 for Class 1, Division 1, Group D environment and shall be equipped with globe, guard and stainless steel hardware. F. Photo Cells 1. Provide a photo cell to control outdoor fixtures unless otherwise indicated on the lighting plans. 2. Use a photo cell that is either the plug-in twist -locking type or the wire -in swivel - top type, both with similar features and operating characteristics. 3. Provide a photo cell that is enclosed in a UV -resistant rain -tight polypropylene housing with the cell being a 0.75 square inch cadmium sulfide surface passivated and a single pole, single throw normally closed bi-metallic switch. PART3 EXECUTION 3.01 PREPARATION A. Check the types and quantity of fixtures to be mounted in the area to be illuminated and verify that materials are on hand. B. Pick out the correct bulbs for the fixtures along with the necessary accessories and mounting hardware. 3.02 INSTALLATION A. Install fixtures in accordance with manufacturer's instructions, NEC Articles 410, 500 and 700 as applicable, and the Drawings. B. Wire up fixtures in accordance with the Drawings and ensure proper switching, circuiting and balanced loads. C. Make sure proper grounding and bonding are provided for fixtures and raceways. D. Install specified lamps in each fixture. E. When applicable, aim and adjust fixtures in accordance with directions as indicated on the Drawings. F. Energize and test fixtures for proper operation. 16510-5 LIGHTING FIXTURES G. Check the illumination level with a light meter and ensure that sufficient light is reaching areas where tasks are performed and that egress paths are properly illuminated during emergency situations. END OF SECTION 16510-6