Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
R2017-205 2017-10-09
RESOLUTION NO. R2017-205 A Resolution of the City Council of the City of Pearland, Texas, awarding a contract for construction services associated with the Trail Connectivity Phase 2 Project (Centennial Park to Magnolia Road), to Tandem Services, LLC., in the amount of $550,030.20. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That competitive bids for the construction of the Trail Connectivity Phase 2 Project have been reviewed and tabulated. Section 2. That the City Council hereby awards construction services contract to Tandem Services, LLC., in the amount of $550,030.20. Section 3. The City Manager or his designee is hereby authorized to execute a construction services contract for the Trail Connectivity Phase 2 Project. PASSED, APPROVED and ADOPTED this the 9th day of October, A.D., 2017. ATTEST: Y;OXJNG YSE, "ETARY APPROVED AS TO FORM: DARR M. COKER CITY ATTORNEY TOM REID MAYOR September 19, 2017 Ms. Cara Davis City of Pearland 3519 Liberty Dr. Pearland, TX 77581 CLARK CONDON 10401 STELLA LINK ROAD HOUSTON, TEXAS 77025 phone 713.871.1414 fax 713.871.0888 CLARKCONDON.COM RE: Letter of Recommendation for Trails Phase Two, Centennial Park to Magnolia Rd. CCA Project No. 113-045 Dear Cara, Bids were received on August 22, 2017 for the Trail Extension from Centennial Park to Magnolia Rd. Five (5) proposals were received as summarized on the enclosed bid tabulation. A summary of the bids is as follows: 1. Tandem Services, LLC 2. Millis Development & Construction, LLC 3. Jerdon Enterprise L.P. 4. Gulf Coast Landscape Services, Inc. 5. Texas Wall and Landscape, LLC $550,030.20 $674,700.00 $751,406.50 $774,515.00 $789,087.00 The proposals were checked for completeness and for mathematical errors and bid irregularities and Tandem Services, LLC was the low bidder. References were contacted and similar job history verified. We recommend the contract be awarded to Tandem Services, LLC. Best Regards, Elizabeth Gilbert, PLA Landscape Architect landscape architecture Bid # 0717-50 Addendum 1 Title Trail Connectivity Phase 2 ation Res onses Tandem Services, LLC Millis Development & Construction, LLC Jerdon Enterprise L.P. TEXAS WALL AND LANDSCAPE, Gulf Coas Landscape LLC (TEXAS WALL SYSTEMS, Services, Inc. LCC) CCA Estimates Cost Line Description U OM QTY Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended Unit Extended 1 Base Bid 1 $550,030.20 $550,030.20 $674,700.00 $674,700.00 $751,406.50 8751406.50 $774,515.00 $774,515,00 $769,067.00 $789,087.00 , $553,179.23 $553,179.21 1.1 Payment and Performance Bonds LS 1 $12,000.00 $12,000.130 $12,000.00 $12,000.00 $12,600.00 $12,600.00 $16,000.00 $16,000.00 $10,000.00 $10,000.00 $15,586.23 . $15,586.23 1.2 SWPPP LS 1 $20,000.00 $20,000.00 $7,735.00 $7,735.00 $17,400.00 $17,400.00 $35,000.00 835,000.00 $17,000.00 $17,000.00 $20,000.00 820,000.00 1.3 Stabilized Construction Access LS 1 $5,000.00 6 $5,00100 $2110.00 $2,11100 $4,400.00 $4,400.00 $3,800.00 .. $3,800.00 $13,500.00 " $11500.00 $7,500.00 $7,500.00 1.4 Mobilization (maximum 3% of total bid) LS 1 $15,000.00 ' $15,000.00 $631.20 . $631.20 $72,000.00 $72000.00 $6,000.00 ' ' $6,000.00 $20,000.00 $20,000.00 $16,112.00 $16,112.00 1.5 Sawcut, Remove and Dispose of Asphalt Drive LS 1 $5,000.00 85,000.00 $5,328.00 $5,328.00 $850.00 .$850.00 $2,500.00 $2,500.00 $2,000.00 $2,000.00 $1,940.00 $1,940.00 1.6 Remove and Dispose of Gravel Driveway Material LS 1 $5,000.00 55,000.00 $2,172.00 $2,172.00 $1,100.00 $1,100.00 $2,000.00 - $2,000.00 $2,000.00 $2000.00 $2,600.00 $2,600.00 1.7 Earthwork and Grading LS 1 $45,000.00 845,000.00 $131A27.00 . $131A27.00 8120,000.00 $120,000.00 $151,250.00 8151,250.00 $50,00100 850,000.00 $30,00100 $30,000.00 1.8 Crosswalk and Stop Bar Striping LS 1 $55100 $550:00 $2,700.00 ° ,‘ ' $2700.00 $2,000.00 ' ` $2,00100 $2,500.00 - $2,50100 $1 ,000.00 $1,000.00 $2,500.00 $2,500.00 1.9 Traffic Signage LS 1 $550.00 $550.00 $8,059.00 $8,059.00 $2,300.00 $2,300.00 $7,000.00 $7,000.00 $2,000.00 $2,000.00 $2,500.00 $2,500.00 1.10 Culvert Crossing LS 1 $500.00 $500.00 $2,813.00 $2,813.00 $15,000.00 $15,000.00 $2,750.00 $2,750.00 $8,000.00 $8,000.00 $6,500.00 $6,500.00 1.11 36" ADS HP Storm Pipe LF 148 870.00 810,360.00 $132.80 $19,654.40 $93.00 $13,764.00 $210.00 831,080.00 $100.00 $14,800.00 $95.00 . , $14,060.00 1.12 Precast Safety End Treatment (Type II) (36") (6:1) With Pipe Runner EA 2 $4,000.00 $8,000.00 $8,510.20 $17,02040 $3,000.00 $6,000.00 $5,975.00 , 511,950.00 $4,000.00 $8,000.00 $2,500.00 ° 45,000.00 1.13 Urban Backslope Interceptor Structure (Includes Modified "A" Inlet Box) EA 2 $5,100.00 . . $10,20100 $7,246.50 $1449100 $100100 $10,000.00 $12,200.00 $24,400.00 $6,000.00 $12,000.00 84500.00 . . ° 88,000.00 1.14 Precast Junction Box with Manholes (5lx5l) EA 1 $4,200.00 84,200.00 $7,263.40 . $7,263.40 $4,000.00 $4,000.00 $5,200.00 ' $5,200.00 $10,000.00 , $10,000,00 $6,000.00 ' .86,000.00 1.15 6Concrete Trail - 6" Thick SF 3216 8120 519,93120 86.82 $21,93112 $7.50 824,120.00 $7.50 824,120.00 87.00 ' 822512.00 8100 819,29100 1.16 10' Concrete Trail - 8" Thick SF 42850 $7.10 $304,235.00 $6.82 .$292,237,00 $8.50 $364,225.00 $7.70 $329,945.00 $8.50 $364,225.00 $6.50 8278,525.00 1.17 Colored Concrete Paving SF 550 $8.50 $4,675.00 $21.10 $11,605.00 810.25 $5,637.50 $18.00 $9,900.00 $25.00 $13,750.00 $8.00 $4,400.00 1.18 Graphic Panels EA 3 $5,200.00 $15,600.00 $6,268.01 , $18,804.03 $4,500.00 $13,500.00 $3,725.00 $11,175.00 $9,000.00 $27,000.00 $5,000.00 ..$15,000.00 1.19 Graphic Bands EA 3 81 ,845.00 55,53550 $1,807.20 - $5,42150 $2,800.00 81340100 82,525.00 $7,575.00 $5,000.00 815,000.00 84,00100 512,000.00 1.20 Trailhead Shade Structure EA 1 86,750.00 86,750.00 81265100 812,658.00 $9,50100 89,500.00 $41,000.00 $41,00100 835,000.00 835,00100 825,000.00 82100100 1.21 Seating Node Shade Structure EA 1 $4,520.00 $4,520.00 $12,658.00 $12,658,00 $5,500.00 $5,500.00 $12,500.00 $12,500.00 $25,000.00 $25,000.00 $10,000.00 . $10,000.00 1.22 Installation of Owner Provided Drinking Fountain, Complete and Operational EA 1 $2,500.00 $2,50100 $2,742A5 $2,74245 $4,00100 $4,000.00 $2,000.00 $2,00100 $70100 ' $70100 $250100 $2,500.00 1.23 Installation of Owner Provided Benches EA 4 540050 $1,60100 $422.00 $1,688.00 $30100 $1,20050 $350.00 ' $1A0100 $250.00 $1,00050 $25100 , $1 ,00100 1.24 Installation of Owner Provided Trash Receptacles EA 2 $300.00 $600.00 $352.00 1704.00 $150.00 $300.00 $300.00 $600.00 $250.00 $500.00 $150.00 $300.00 1.25 Vitex - 30 gal. EA 10 $120.00 $1,200.00 $344.60 $3446.00 $175.00 $1,750.00 $300.00 83,000.00 $200.00 82,000.00 $250.00 , $2,500.00 1.26 Knock -Out Rose - 3 gal. EA 62 $120.00 $7,440.00 542.20 , $2,616.40 $30.00 $1,860.00 $35.00 $2,170.00 $100.00 $6,200.00 $30.00 . -$1,860.00 1.27 Fine Grade and Sod SF 30000 8170 $2150100 $0.84 825,20050 8145 813,50100 8045 , $1350100 $1.23 836,900.00 $150 815,00050 1.28 Fine Grade and Hydromulch SF 50000 $0.10 $5,000.00 $0.42 $21,000.00 $0.20 $10,000.00 $0.15 $7,500.00 $0.90 $45,000.00 80.25 $12,500.00 1.29 Irrigation System, Complete and Operational LS 1 13,076.00 $8,076.00 88,580.00 $8,580.00 $6,500.00 $6,500,00 $6,700.00 - $6,700.00 $24,000.00 $24,000.00 $15,000.00 $15;000.00 Total $55103120 C,"674,706.74 L$751i406.50' E$774,515:6-0] 7:71789,ogA L323 - Project Manual for: Trails Phase Two McLean Rd. to Magnolia St. Resolution No R2017-205 Exhibit "A" PF 44. • 4 PE AKAND T E. X AS �Sr. 18,tei Bid No. : 0717-50 July 2017 Contract Documents and y caou 5� % 9</,‘ Technical Specifications , g Provided By The City of $* 4; Pearland and Compiled By '%:P 1549 $ 07/26/2017 Clark Condon 10401 Stella Link Road Houston, Texas 77025 Project Manual for: Trails Please Two McLean Rd_ to Magnolia St_ c+ 9— T E X $cam Bid No_ : 0717-50 July 2017 •• Contract Documents and �,oTT shy �••�• Technical Specifications far �` •• Provided By The City of S. � � 3 Pearland and Compiled By •••�' 7549 Q5% o�i2si2o�7 Clark Condon • 10401 Stella Link Road Houston, Texas 77025 Project Manual for: Trails Phase Two McLean Rd. to Magnolia St. COP Project No. : P50072 Bid No. : 0717-50 July 2017 Prepared By Clark Condon 10401 Stella Link Road Houston, TX 77025 CITY OF PEARLAND BRAZORIA COUNTY,TEXAS TABLE OF CONTENTS SECTION TITLE DIVISION 0—BIDDING AND CONTRACT DOCUMENTS 00100 Invitation to Propose 00200 Instructions to Bidders 00300 Bid Proposal 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 00900 Addendum No. 1 DIVISION I —GENERAL REQUIREMENTS 01100 Summary of Work 01140 Contractor's Use of Premises 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 Inspection 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 01630 Product Options and Substitutions Nolo- 1 of 2 CITY OF PEARLAND TABLE OF CONTENTS 01720 Field Surveying 01760 Project Record Documents 01770 Contract Closeout DIVISION 2— SITE WORK 02200 Site Preparation 02220 Site Demolition 02252 Cement Stabilized Sand 02255 Bedding,Backfill, and Embankment Materials 02317 Excavation and Backfill for Structures 02318 Excavation and Backfill for Utilities 02330 Embankment 02335 Subgrade 02510 Water Mains 02511 Water Meters 02512 Polyethylene Wrap 02515 Water Tap and Service Line Installation 02520 Valve Boxes,Meter Boxes, and Meter Vaults 02532 High Density Polyethylene (HDPE) Solid Wall Pipe 02534 PVC Pipe 02540 Tapping Sleeves and Valves 02582 Thermoplastic Pavement Markings 02603 Frames, Grates,Rings and Covers 02629 Safety End Treatments 02630 Storm Sewers 02631 Precast Inlets, Headwalls and Wingwalls 02633 Adjusting Manholes, Inlets, and Valve Boxes 02771 Concrete Sidewalks 02811 Landscape Irrigation 02910 Topsoil 02921 Hydromulch Seeding 02922 Sodding 02931 Landscape and Tree Planting 02980 Pavement Repair and Resurfacing 02981 Blast Cleaning of Pavement DIVISION 3 - CONCRETE 03310 Structural Concrete NOTE Bold Specification Sections can be found on the City of Pearland Web Site at http.//pearlandtx.goN/departments/enwneerm<z-and-capital-protects/engi neerin<w standard- construct!ondocuments (or at http.//www.pearlandtx.go%/ by going to the Department of Engineering, Engineering Construction Documents). END OF SECTION Nolo-2of2 CITY OF PEARLAND INVITATION TO BID Section 00100 INVITATION TO BID CITY OF PEARLAND, TEXAS Lowest Responsible Bidder Sealed Electronic Bids will be accepted for the following project, in the City's E-bid System. Electronic bids shall be submitted through the City's web site at: https.//pearland.ionwa‘e.net/Login.aspx All interested Bidders are required to register as a "supplier" on the City's E-bid System at the above web address and clicking on "Supplier Registration" Registration provides automatic access to any changes to the Plans, Specifications or Bid time and date However, submission of an E-bid requires completing a short registration questionnaire found on this web site. When prompted to add or remove commodity codes registrants must add the codes listed below. * Building Construction Services,New(Includes Maintenance and Repair Services) * Construction Services, General (Includes Maintenance and Repair Services) * Construction Services, Heavy(Includes Maintenance and Repair Services) * Construction Services, Trade(New Construction) For more information regarding registration instructions, see INSTRUCTIONS TO BIDDERS, Section 00200, included in the project bid documents viewable on the web site. Questions regarding electronic bidding should be directed to City Purchasing Officer at ebids a pearlandtx.goN All Bids submitted electronically will remain confidential until the opening date and time when they will be opened and read into the public record. Bids, shall be submitted on the form provided in the E-bid System and submitted electronically through this system to the City Purchasing Officer, City of Pearland, City Hall Annex located at 3523 Liberty Drive, Pearland, Texas 77581 Electronic bids will be accepted until 2:00 p.m., Thursday, August 17, 2017 All Bids shall reference the following project information in the appropriate locations in provided electronic format. All properly submitted bids shall be publicly "opened" and read aloud into the public record following the closing of the acceptance period for the construction of Trails Phase 2 McLean Rd. to Magnolia St. City of Pearland,Texas COP PN P50072 BID NO 0717-50 A mandatory pre-bid conference will be held at the City of Pearland City Hall Annex at 3523 Liberty Drive, Pearland, Texas 77581 at 2:00 p.m. on August 8, 2017. The project will entail the installation of concrete trail, crosswalks, grade stabilization, concrete seating areas, fabric shade structures, graphic bands, graphic signs, drinking fountain, owner- provided benches and trash receptacles, and planting and irrigation. 02-2015 00100- 1 of 3 CITY OF PEARLAND INVITATION TO BID Upon award of a contract, the successful Bidder will be required to utilize the City's web based project management software, "Pro-Trak" for the administration of the construction project, including but not limited to,all transmittals and material submittals,RFI's,RFC's,Change Orders, Applications for Payment and all project communications with the City, its Construction Manager and Engineer This system has certain hardware, 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 BIDDERS, Section 00200 Electronic Bid Documents including Contract Documents, Plans and Technical Specifications are available for download on the City's Website at: https.//peariand.ionw e.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 (713) 956-0100 4001 Sherwood Houston,TX 77092 The Associated General Contractors of America, Inc. (713) 334-7100 2400 Augusta, Suite 350 Houston, TX 77057 Virtual Builders Exchange (832) 613-0201 7035 W Tidwell Building J, Suite 112 Houston, TX 77092 McGrawHill Construction—Dodge Reports 1-800-393-6343 No plan fees or deposits are required for plans and bid documents obtained through the City's E- bid System. BIDDERS MUST REGISTER AS A SUPPLIER ON THE CITY'S E-BID SYSTEM IN ORDER TO SUBMIT A BID EVEN IF BID DOCUMENTS ARE OBTAINED VIA ONE OF THE PLAN HOUSES Bidders accept sole responsibility for downloading all of the required documents, plans, specifications bid forms and addenda required for bidding. No bid may be withdrawn or terminated for a period of ninety (90) days subsequent to the bid opening date without the consent of the City of Pearland. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s) Bid Security and Bonds. Bid Security in the form of Cashier's Check, Certified Check, or Bid Bond payable to the City of Pearland in the amount of 5% of the total base bid price must accompany each proposal Bidders submitting bids electronically through the E-bid System shall scan and up-load a copy of the sealed Bid Bond as an attachment to their bid. Original documents for Bid Security shall be requested by the City from the lowest two bidders and delivered to the City's Purchasing Officer within 48 business hours of the Bid Opening Bid Security shall be delivered to Office of City Purchasing, City Hall Annex, 3523 Liberty Drive, Pearland, Texas 77581 02-2015 00100-2 of 3 CITY OF PEARLAND INVITATION TO BID The successful Bidder must furnish Performance and Payment Bonds as required by Chapter 2253 of the Texas Government Code or other applicable law, as amended, upon the form included in the Contract Documents, in the amount of one hundred percent(100%) of the contract price, such bonds to be executed by a corporate surety duly authorized to do business in the State of Texas, and named in the current list of"Treasury Department Circular No 570", naming the City of Pearland, Texas as Obligee. Additionally, the successful bidder shall be required to provide a one year Maintenance Bond for the improvements installed as part of this work, as provided in the Special Conditions of Agreement. Equal Opportunity. All responsible bidders will receive consideration for award of contract without regard to race, color, religion, sex, or national origin. Nondiscrimination The City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U S C 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- Assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. DBE/SBE Goal The Disadvantaged Business Enterprise (DBE) goal for this project is 0%. The Small Business Enterprise (SBE) goal for this project is 0%. DBEs and SBEs selected must be TxDOT approved. Race neutral participation is encouraged and can be achieved through various supplier and subcontracting opportunities. Selection Criteria The Contract is to be awarded on the basis of Lowest Responsible Bidder In identifying this criteria the City will consider 1) lowest total bid price for all work listed and specifically requested, including but not limited to Base Bid, Extra Work items and selected Alternates The City of Pearland reserves the right to award a contract based on any combination of the above considered to be in its best interests or to reject any or all bids. A bid that has been "opened"may not be changed for the purposes of correcting an error in the bid price Young Lorfing, TRMC City Secretary, City of Pearland First Publication date 7/26/17 Second Publication date 8/2/17 02-2015 00100-3 of 3 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Section 00200 INSTRUCTIONS TO BIDDERS 1 Defined Terms 1 1 The term "Owner" hereinafter is defined as the City of Pearland and is used interchangeably with the term "the City" Both terms are synonymous and refer to the City 1.2 The term "Bidder" means one who submits a Bid Proposal directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder The term "Successful Bidder" means the lowest responsible Bidder to whom the Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bid Documents" includes the Invitation to Bidders, Instructions to Bidders, the Bid Proposal, and the proposed Contract Documents (including all Addenda issued prior to receipts of bids) 1.3 The term "E-bid System" refers to the City's electronic bidding system. This is a web- based system that provides all Bid Documents electronically to potential Bidders and forms the pathway for interested Bidders to submit bids in response to advertisement and invitation. The term "e-bid" and/ or "electronic bid" means the Bidders' electronic response submitted on the electronic Bid Proposal to the Owner by way of the E-bid System. The terms "electronic bid" or "e-bid" are used inter-changeably to describe the above bid process to submit an authorized bid to the City in response to an Invitation to Bidders. 14 The term "Pro-Trak" means the City's web-based contract administration and construction records management system used by involved parties to administer the project. This system serves as the web accessed centralized information distribution hub for communications and document management, pay application processing and record retention for all project documentation Operational instructions for this system will be issued to the successful Bidder at the pre-Construction Meeting. 1 5 All other definitions set out in the Contract Documents are applicable to terms used in the Bidding Documents. 1 6 Unless otherwise expressly provided herein, all references to "day(s)" shall mean consecutive calendar day(s) 2 Registration for E-bid System 21 The Owner's E-bid System is accessible via the City's web site at https./,'pearland.ionwa‘e.net'Logjn.aspt. Bid documents can be viewed by simply selecting a specific project from the BID OPPORTUNI-TIES list and clicking on that project AFTER registration as a Supplier Potential Bidders MUST REGISTER as a"Supplier"by clicking on the Supplier Registration button and completing the registration form. When prompted to add or remove commodity codes registrants must add the codes listed below- * Building Construction Services,New (Includes Maintenance and Repair Services) * Construction Services, General (Includes Maintenance and Repair Services) * Construction Services, Heavy (Includes Maintenance and Repair Services) * Construction Services, Trade (New Construction) 12-2014 00200- 1 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Select the appropriate Time Zone for the Bidder's location and whether that location observes Daylight Savings time. Complete the registration information providing all required contact information and establish password security for the E-bid System. Once complete, "suppliers" will receive emails notifying of bid opportunities. Downloading any project bid data will automatically place the bidder's contact information on the list of plan holders list and the E- bid System will automatically send any and all updates, changes or addenda associated with that project. 2.2 The electronic Bid Proposal can only be submitted through this system. The form can be printed for Bidder's use, but the Bid Proposal MUST be submitted on the electronic form within the E-bid System 2.3 Questions regarding use of the E-bid System may be directed by email to ebids,(-!,,pearlandtx.go` 3 Copies of Bidding Documents 3 1 Complete sets of "electronic" Bidding Documents are available for download to registered Bidders at No Cost from the City's E-bid System at: www.cityofpearland.org/bids. Interested Bidders must register as a "Supplier" on this site in order to receive the Bid Documents, and all Addenda or other notifications of changes, including communications from the Owner or Engineer All Bid Documents are available to download and print. 3.2 The Bidder accepts sole responsibility for ensuring that he obtains a full set of these documents by completing the registration and executing a full and complete download of the project documents Downloading of Bid Documents automatically ensures receipt of any and all subsequent communications from the City or its Engineer 3.2 Copies of Bidding Documents are available or may be viewed at any of the Plan Houses listed in the Invitation to Bidders. It is recommended that all interested Bidders, whether bidding directly to the Owner or Sub-bidders bidding to a Bidder, register as a Supplier and download the project Bid Documents 3.3 Complete sets of Bidding Documents must be used in preparing Bid Proposals, neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents including, but not limited to all Addenda issued prior to bid. 3 4 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bid Proposals on the Work, and do not confer a license or grant for any other use 4 Qualifications of Bidders 4 1 In determining to whom to award a contract, the City of Pearland may consider, in addition to the other selection criteria identified in section 16 of these Instructions to Bidders, the following Qualifications of Bidder, and each Bidder must be prepared to submit within two (2) days of Owner's request any or all of such Qualifications requested 1) A brief narrative of previous experience of the Bidder including a list of five (5) representative projects completed by the bidder of a similar nature and scope to the work 12-2014 00200-2 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS covered by this proposed Contract. The references for the projects provided must include the cost of the project, Owner's name, Engineer or prime contact and telephone number; 2) A list, including owner name and project location, of on-going projects and contracts for construction of projects of the Bidder which are not yet substantially complete; 3) A list of proposed subcontractors and suppliers for the project being bid and the total value of work awarded to subcontractors as shown on the subcontractors list; 4) A list of name, address and telephone number of references for projects completed by Bidder; and 5) A Financial Statement of Bidder, consisting of the balance sheet and annual income statement of Bidder for the Bidder's last fiscal year end preceding the submission of the Bid Proposal, which has been audited or examined by an independent certified public accountant. The Financial Statement of Bidder shall be used to determine a Bidder's net working capital, which is defined as current assets less current liabilities A Bidder's net working capital shall be considered evidence of the Bidder's ability to provide sufficient financial management of the project being bid. The Bidder's Financial Statement shall be clearly and conspicuously marked as "confidential", and shall be deemed and treated as confidential and excepted from the Public Information disclosure requirements of Texas Government Code Section 552.001 et seq., as such information, if released, would give advantage to a competitor or bidder, and/or would cause substantial competitive harm to Bidder 5 Examination of Contract Documents and Site 5 1 It is the responsibility of each Bidder before submitting a Bid Proposal, to (a) examine the Bidding Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors, omissions or discrepancies in the Contract Documents, (f) to recognize and plan for use of the City's "Pro-Trak" software to administer the construction process and perform the work of the project. 5.2 Any reports of explorations and tests of conditions at the site which have been utilized by the Engineer in preparation of the Contract Documents will be made available to Bidders for review, but such reports are not part of the Contract Documents. Bidder may not and should not rely upon the accuracy of the data contained in such reports, interpretations or opinions contained therein, or the completeness thereof, for the purposes of bidding or construction. 5.3 Information and data reflected in the Contract Documents with respect to underground utilities, equipment or other underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof. 5 4 Before submitting a Bid Proposal, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, 12-2014 00200-3 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid Proposal prices for performing and furnishing the Work in accordance with the Contract Time, Contract Price and other terms and conditions of the Contract Documents. 5.5 On request in advance, Owner will provide each prospective Bidder access to the site to conduct such explorations and tests as each prospective Bidder deems necessary for submission of a Bid Proposal. Prospective Bidders shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 5 6 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands, access thereto or contractual arrangements for use by the Contractor required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 5 7 The submission of a Bid Proposal will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid Proposal is premised upon performing and furnishing all of the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in, required by or reasonably inferred from the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6 Interpretations and Addenda 6 1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered or transmitted by electronic means to all registered Bidders in the City's E-bid System. Questions received less than five (5) days prior to the date for opening of Bid Proposals may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer Addenda will automatically be made available to all registered Bidders that have downloaded Bid Documents from the City's E-bid System. 7 Bid Security 7 1 Each Bid Proposal must be accompanied by bid security made payable to Owner in an amount of five percent (5%) of the Bidder's maximum Bid Proposal price, in the form of a certified check, cashier's check or a Bid Bond ("Bid Security") 7.2 Bidders submitting bids through the E-bid System shall scan and up-load a copy of their Bid Security (sealed Bid Bond, Certified Check or Cashier's Check ) as an attachment to 12-2014 00200-4 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS their electronic bid. Original documents for Bid Security shall be requested by the City from the lowest two bidders and delivered to the City's Purchasing Officer within 48 business hours of the Bid Opening. Bid Security shall be delivered to Office of City Purchasing, City Hall Annex, 3523 Liberty Drive,Pearland, Texas 77581 7.3 The Bid Security of the Successful Bidder will be retained until such time as Bidder has executed the Standard Form of Agreement, and furnished the required Performance and Payment Bonds, whereupon the Bid Security of both bidders will be returned. If the Successful Bidder fails to execute and deliver the Standard Form of Agreement and furnish the required performance and payment bonds within ten (10) days after the Notice of Award, Owner may annul the Notice of Award and shall be entitled to make a claim against the Bid Security The Bid Security of other Bidders will be retained until the Contract is awarded and the Standard Form of Agreement becomes effective, or all bids are rejected, whereupon Bid Security furnished by all such Bidders will be returned. 8 Contract Time 8 1 The number of days in which the Work is to be Substantially Completed, as set forth in the Bid Proposal form and the Standard Form of Agreement, subject to such extension of time as may be due under the terms and conditions of the Contract Documents ("Contract Time") All references to "time" or"days" shall be interpreted as consecutive calendar days. 9 Liquidated Damages and Early Completion Bonus 9 1 Provisions for liquidated damages and early completion bonus, if any, are set forth in the Standard Form of Agreement. 10 Substitute or"Or-Equal" Items 10 1 The Contract, if awarded, will be on the basis of the selected materials and equipment described in the Plans or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Plans or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by the Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Agreement becomes effective. All "or-equal" references shall be interpreted to mean "or approved equal" The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in the Contract Documents. 11 Bid Form 11 1 The Bid Proposal form (Section 00300 — Bid Proposal) is included with the Bidding Documents when downloaded. This Document must be printed and signed, as required below, and then uploaded as an Attachment to the Bid. All E-bids must be submitted on the City's official E-bid System Bid Proposal document. All blanks on the Bid Proposal form must be completed or filled in. The Bidder shall bid all Alternates, if any Incomplete Bid Proposals may be cause for rejection. 12-2014 00200-5 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 11.2 Bid Proposals by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied be evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary The corporate address and state of incorporation must be shown below the signature Once executed the document is to be uploaded as an attachment to the Bid 11.3 Bid Proposals by partnerships must be executed in the partnership name and signed by a general partner, whose title must appear under the signature, and if a corporate general partner, executed as required above for corporations and the official address of the partnership must be shown below the signature All names must be typed or printed below the signature. Once executed the document is to be uploaded as an attachment to the Bid. 11 4 The Bidder shall acknowledge receipt of all Addenda (the number of which must be filled in on the Bid Proposal form) 11 6 The address and telephone number for communications regarding the Bid Proposal must be shown on the Bid Proposal form. 12 Submission of Bid Proposals 12 1 The place, date and/or time designated for opening Bid Proposals may be changed in accordance with applicable laws, codes and ordinances. Any such changes to the Bid Schedule shall be made by Addenda. 12.2 Electronic Bids shall be submitted per the requirements, instructions, terms and conditions as stated in the registration and submittal instructions of the City's E-bid System electronic bidding software All Bidders utilizing this system MUST register as a potential supplier, (Bidder) E-Bids are submitted directly via the City's Web based system located at https.//pearl and.ion'. aN,e.net/Logui.aspx Bid Proposals submitted after the bid date and time will be rejected. 13 Modification and Withdrawal of Bid Proposals 13 1 Prior to submission, E-bid Bid Proposals may be modified or withdrawn without prejudice 13.2 Once submitted, Bid Proposals may only be modified by an appropriate document duly executed (in the manner that a Bid Proposal must be executed) and delivered to Office of City Purchasing, City Hall Annex, 3523 Liberty Drive, Pearland, Texas 77581 and submitted any time prior to the opening of Bid Proposals. 13.3 A Bidder may not modify or withdraw its Bid Proposal by facsimile or verbal means. A withdrawn Bid Proposal may be resubmitted prior to the designated time for opening Bid Proposals No bid may be withdrawn or terminated for a period of ninety (90) days subsequent to the bid opening date without the consent of the City of Pearland. 13 4 If, within twenty-four (24) hours after Bid Proposals are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material mistake in the preparation of its Bid Proposal, that Bidder may request to withdraw its Bid Proposal and the bid security may be returned or, at the discretion of the Owner, Owner may make a claim against the bid security Thereafter, 12-2014 00200-6 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS that Bidder will be disqualified from further bidding on the Project to be provided under the Contract Documents. 14 Opening of Bid Proposals 14 1 Bid Proposals will be opened and (unless obviously non-responsive) read aloud publicly An abstract of the amounts of the base Bid Proposals and major alternates (if any) will be made available to Bidders after the opening of Bid Proposals. Bid Proposals, in their entirety, shall be open for public inspection after the contract is awarded, with the exception of any trade secrets or confidential information contained therein, provided Bidder has expressly identified any specific information contained therein as being trade secrets or confidential information. 15 Bid Proposals to Remain Subject to Acceptance 15 1 All Bid Proposals will remain subject to acceptance for ninety (90) days after the day of the Bid Proposal opening, but Owner may, in its sole discretion, release any Bid Proposal and return the bid security prior to that date 16 Award of Contract 16 1 Owner reserves the right to reject any and all Bid Proposals, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder Owner may reject a bid as non-responsive if• 1) Bidder fails to provide required Bid Security; 2) Bidder improperly or illegibly completes or fails to complete all information required by the Bidding Documents, 3)Bidder fails to sign the Bid Proposal or improperly signs the Bid Proposal, 4) Bidder qualifies its Bid Proposal, 5) Bidder tardily or otherwise improperly submits its Bid Proposal, 6) Bidder fails to submit the Qualifications of Bidder as required under section 4 of these Instructions to Bidders, or 7) Bid Proposal is otherwise non-responsive Contracts are awarded on the basis of one of the following criteria. A) provision of the "Best Value"or B) Lowest Responsible Bidder 16.2 Best Value In determining the best value for the Owner, and in determining to whom to award a contract, Owner may consider 1) purchase price; 2) reputation of the Bidder and Bidder's goods or services, 3) quality of Bidder's goods or services, 4) extent to which the goods or services meet the Owner's needs, 5) Bidder's past relationship with the Owner; 6) impact on the ability of Owner to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities, 7) total long-term cost to Owner to acquire Bidder's goods or services, 8) the Qualifications of Bidder; and 9) any other relevant criteria specifically listed in the Bidding Documents. A contract to be awarded to the Bidder offering the Best Value may be let on either a lump sum basis or a unit cost basis dependent on the Bid Proposal format. 16.3 Lowest Responsible Bidder In determining Lowest Responsible Bidder, Owner will consider Lowest Total Bid price for all work including Base Bid, Extra Work and Alternates, if any, and any other cost criteria. Additional evaluation criteria may include the Qualifications of the Bidders, whether or not the Bid Proposals comply with the prescribed 12-2014 00200-7 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS requirements, and such alternates, unit prices and other data, as may be requested in the Bid Proposal form or prior to the Notice of Award. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. A contract to be awarded to the Lowest Responsible Bidder may be let on either a lump sum basis or a unit cost basis dependent on the Bid Proposal format. Acceptance of any and all bids may be conditioned on compliance with the requirement for attendance of the mandatory pre-bid meeting. 16 4 In either case, Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid Proposal and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents, to Owner's satisfaction,within the Contract Time. 16.5 Each bidder agrees to waive any claim it has or may have against the Owner, the Professional/Engineer, and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any bid. 17 Contract Security 17 1 When the Successful Bidder delivers the executed Standard Form of Agreement to Owner, it must be accompanied by the Performance, Payment, Maintenance and Surface Correction Bonds required by the Contract Documents. Bonds may be on the forms provided herein or an equal form containing no substantive changes, as determined by Owner 18. Signing of Agreement 18 1 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Standard Form of Agreement, and the required Performance and Payment Bond forms. Within ten (10) days thereafter Contractor shall sign and deliver the required number of counterparts of the Standard Form of Agreement to Owner with the required Bonds. Within ten (10) days thereafter, Owner shall deliver one fully signed counterpart to Contractor There shall be no contract or agreement between Owner and the Successful Bidder until proper execution and attestation of the Standard Form of Agreement by authorized representatives of the Owner 19 Pre-bid Conference 19 1 A pre-bid conference will be held as indicated in the Invitation to Bid. 20 Retainage 20 1 Provisions concerning retainage are set forth in the Contract Documents. END OF SECTION 12-2014 00200-8 of 8 CITY OF PEARLAND BID PROPOSAL Section 00300 BID PROPOSAL Part A Date 8/22/2017 Bid of Tandem Services. LLD ,an individual proprietorship/a corporation organized and existing under the laws of the State of Texas/a partnership consisting of Dustin Johnson and Jory Jared ,for the construction of Trails Phase Two McLean Rd.to Magnolia St. City of Pearland,Texas COP PN• P50072 BID NO 0717-50 (Submitted in Electronic format) To The Honorable Mayor and City Council of Pearland City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Pursuant to the published Invitation to Bidders, and Instructions to Bidders, the undersigned Bidder hereby proposes to perform all the work and furnish all necessary superintendence, labor, machinery, equipment, tools and materials, and whatever else may be necessary to complete all the work described in or reasonably inferable from the Contract Documents for the construction of the Trails Phase Two from McLean Rd. to Magnolia St. with all related appurtenances, complete,tested, and operational, in accordance with the PIans and Specifications prepared by the Clark Condon Associates, 10401 Stella Link, Houston, TX 77025, for the unit prices or applicable prices set forth in Exhibit "A", the electronic bid form as contained in the City's E-bid system, which, once fully executed and submitted shall constitute a legal and executable proposal from the Bidder It is understood that, in the event any changes are ordered on any part of the Work, the applicable unit prices bid shall apply as additions to or deductions from the total prices for the parts of the Work so changed. The Bid Security required under the Instructions to Bidders 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, City Hall Annex, 3523 Liberty Drive, Pearland, Texas 77581 The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial Statement of Bidder, as required by the Instructions to Bidders if requested to do so as a condition of the Bid review The Bidder binds himself, upon acceptance of his proposal, to execute the Standard Form of Agreement and furnish an acceptable Performance and Payment Bond and Maintenance Bond, each in the amount of one hundred percent (100%) of the total Contract Price, according to the forms included in the Contract Documents, for performing and completing the said work within Bidder's Initial's:1 10-2012 00300- 1 of 2 CITY OF PEARLAND BID PROPOSAL 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 Bidder agrees to commence work within 10 days of the date of a written Notice to Proceed. It is understood that the Work is to be Substantially Complete within one hundred and twenty (120) days after the date of the Notice to Proceed. Time for Substantial Completion shall begin on the date established by the Notice to Proceed. The Contractor will pay liquidated damages in the amount(s) specified in Document 00500 — Standard Form of Agreement, in the event the Work is not Substantially Complete within the Contract Time. The undersigned agrees that the amounts bid in this Bid Proposal will not be withdrawn or modified for ninety (90) days following date of Bid Proposal opening, or such longer period as may be agreed to in writing by the City of Pearland and Bidder It is understood that in the event the Successful Bidder fails to enter into the Standard Form of Agreement and/or to furnish an acceptable Performance and Payment Bond and Maintenance Bond, each in the amount of one hundred (100) percent of the Contract Price, along with all required insurance in the stated amounts within ten (10) days of the Notice of Award, the Successful Bidder will forfeit the Bid Security as provided in the Instructions to Bidders. Unless otherwise expressly provided herein, all references to"day(s)"shall mean calendar day(s) The Bidder acknowledges that the following Addenda have been received. The modifications to the Bidding Documents noted therein have been considered and all costs thereto are included in the Bid Proposal prices. Addendum No 1 Date 8/11/2017 Addendum No. Date. Addendum No Date. Addendum No Date. Bidder hereby represents that the only person or parties interested in this offer as principals are those named. Bidder has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding. Firm Na : Tandem Services, LLC By c-. �'e� `�9 ---- Title. Dustin Johnson, Partner Address. 4425 FM 2351, Suite 5, Friendswood,TX 77546 Phone No 281-947-8378 ATTEST G11a Cr u'r ct-e,r (Seal, if Bidder is a Corporation) (Typed rint�e) Signature Date vA 1.2140 t') END OF SECTION Bidder's Initial's:DJ" 10-2012 00300-2of2 Proposal Form PART B _ Item Number Quantity UOM Description Spec Reference Unit Price Total Amount General _ , 1 1 LS Payment and Performance Bonds Division 0 $12,000.00 12,000.00 2 1 LS SWPPP Division 1 $20,000.00 120.000.00 3 1 LS Stabilized Construction Access Division 1 $5.000.00 $5,000.00 4 1 LS Mobilization(maximum 3%of total bid) 01505 $15,000.00 $15,000.00 Demolition 5 1 LS Sawcut,Remove and Dispose of Asphalt Drive 02220 15,000.00 $5.000.00 6 1 LS Remove and Dispose of Gravel Driveway Material 02220 $5.000.00 $5,000,00 Site Work , 7 1 LS Earthwork and Grading Division 2 $45,000.00 $45.000.00 8 1 LS Crosswalk and Stop Bar Striping 02582 $550.00 $550.00 9 1 LS _Traffic Signage 01555 $550.00 $550.00 10 1 LS Culvert Crossing 02532 $500.00 $500.00 11 148 LF 36"ADS HP Storm Pipe 02532 370,00 ,$10.360.00 12 2 EA Precast Saftey End Treatment(Type II)(36")(6:1)With Pipe Runner Division 2 $4,000.00 $8.000.00 13 2 EA Urban Backslope Interceptor Structure(Includes Modified"A"Inlet Box) Division 2 .$5,100.00 $10,200.00 14 1 EA Precast Junction Box with Manholes(5'x5') Division 2 $4,200.00 $4,200.00 Hardscape 15 3,216 SF 6'Concrete Trail 6"Thick 02771 $6.20 $19,939.20 16 42,850 SF 10'Concrete Trail 8"Thick 02771 $7.10 $304235.00 17 550 SF Colored Concrete Paving 02771 $8,50 $4,675.00 18 3 EA Graphic Panels -$5,200.00 $15,600.00 19 3 EA Graphic Bands 11.845,00 $5,535.00 20 1 EA Trailhead Shade Structure $6,750.00 $6.750.00 21 1 EA Seating Node Shade Structure $4 520.00 $4.520.00 22 1 EA Installation of Owner Provided Drinking Fountain,Complete and Operational $2,500.00 $2.500.00 23 4 EA Installation of Owner Provided Benches $402.00 $1,600.00 24 2 EA Installation of Owner Provided Trash Receptacles $300,00 $600.00 Quantity UOM Description , Spec Reference , Unit Price Total Amount Softscape 25 10 EA Vitex 30 gal. 02931 $120.00 $1.200.00 26 62 EA Knock-Out Rose 3 gal. 02931 $120.00 $7,440.00 27 30,000 SF .Fine Grade and Sod 02922 $0.70 $21,000.00 28 50,000 SF Fine Grade and Hydromulch 02921 $0.10 $5,000.00 29 1 L5 Irrigation System,Complete and Operational 02811 $8,076.00 $8,076.00 Y c c IC O g 8 0 ro CO n h v or 69 EA EA E9 69 IA 69 FA 69 EA 69 69 b9 EA 69 69 EA EA E9 EA EA 6R N E a 'O N m H N 1E E z 7 LL .c N .a_ a CZ' CO LIA (0 'b, r. N 01 —IO N ( O. e °. 15 c w o Boa a U c 0 w .n 0 u, c v a o c E u c C m O LL O qX m O I— a. m` .0 E 3 z w 011 c N .E -J N� E o-tiA. "n. Z c T a c 'S .a a ,0 ..,. o .. 44) .E .: V a a V c W N m 2 City of Pearland Texas Bid information Contact Information Ship to Information Bid Owner Tiffany Johnson Program Address 3519 Liberty Drive Address 3519 Liberty Drive Specialist Email tjohnsonifpearlandtx.gov Pearland,TX 77581 Peadand,TX77581 Phone (281)652-1756 Contact Tiffany Johnson Contact Tiffany Johnson Fax (281)652-1706 Department Projects Department Projects Building City Hall Building City Hall Bid Number 0717-50 Addendum 1 Ftoor/Room Floor/Room Title Trail Connectivity Phase 2 Telephone (281)652-1756 Telephone (281)652-1756 Bid Type Invitation to Bid Fax (281)652-1706 Fax (281)652-1706 Issue Date 07/26/2017 Email tjohnson@pearlandtx.gov Email tjohnson@pearlandtx.gov Close Date 8/22/2017 02:00:00 PM(CT) Supplier Information Supplier Notes Company Name Tandem Services, LLC Contact Name Dustin Johnson Address 4425 FM 2351, Suite 5 --� Friendswood,Texas 77546 Telephone 281-947-8378 _ Fax 281-947-8487 Email tandem@tandemservicesilc.com By submitting your response,you certify that ou are authorized to represent and bind your company Signature 404- - Date 8 / 22 /2017 Bid Notes The project will entail the installation of concrete trail,crosswalks,grade stabilization, concrete seating areas,fabric shade structures,graphic bands, graphic signs,drinking fountain,owner-provided benches and trash receptacles,and planting and irrigation Bid Activities Date Name Description 8/8/2017 02:00 PM(CT) Mandatory Pre-Bid Conference A mandatory pre-bid conference will be held at the City of Pearland City Hall Annex at 3523 Liberty Drive,Pearland,Texas 77581 at 2:00 p.m.on August 8,2017 Bid Messages Bid Attachments The following attachments are associated with this opportunity and will need to be retrieved separately # Filename Description Header 00900-Addendum#1-Trails This addendum forms a part of the bidding documents and will be incorporated into the Contract Phase Two.pdf Documents,as applicable. Insofar as the original Contract Documents,Specifications,and Drawings are inconsistent,this Addendum shalt govern. Please acknowledge receipt of this Addendum on the Bid Proposal form,Section 00300 submitted to the City of Pearland. FAILURE TO ACKNOWLEDGE RECEIPT OF ADDENDA ON THE BID PROPOSAL FORM MAY BE CAUSE FOR DISQUALIFICATION. 0717-50 Addendum 1 -Page 1 of 7 Header 170720_Pearland Trails For Bid Plan Set Set.pdf Header Bid Proposal.pdf Bid Proposal Header Instructions to Bidders.pdf Instructions to Bidders Header Invitation to Bid.pdf Invitation to Bid Header Trails Phase 2 Project Project Manual Manual.pdf Header Local Bidder Preference Claim Local Bidder Preference Form Revised.pdf Header Non-Collusion Statement Non-Collusion Statement Revised.pdf Header Contractor Questionnaire Contractor Questionnaire Revised.pdf Header Vendor References Revised.pdf Vendor References Header CIQ-New 2017.pdf Conflict of Interest Questionnaire Bid Attachments Requested The following attachments are requested with this opportunity Bid Attributes Please review the following and respond where necessary # Name Note Response 1 Response Attachment Bidder understands and has completed the following:The Yes (Required) Bid Proposal and Bid Security required under the Instructions to Bidders has been uploaded as an attachment within the E-bid system and,a fully executed, signed and sealed hard copy of the Bid Bond wilt be delivered upon request to the Office of City Purchasing, Finance Department,2nd Floor,City Hall,3519 Liberty Drive,Pearland,Texas, 77581 2 Non-collusion Statement Bidder has submitted a completed and signed copy of the Yes (Required) Non-Collusion Statement 3 General Conditions Bidder has read and agrees to the General Conditions set Yes (Required) forth by the City of Pearland. 4 Specification Acknowledgement Bidder has reviewed specifications and agrees that their Yes (Required) bid adheres fully 5 Local Bidder Bidder claims Pearland local bidder preference,pursuant No (Required) to provisions of Local Bidder Preference claim form and Texas Local Government Code,Chapter 271.9051 Valid Responses: [Please Select],Yes, Local Bidder,No, not a local Bidder 0717-50 Addendum 1 -Page 2 of 7 Line Items # Qty UOM Description Response 1 1 Base Bid $550,030.20 Price Supplier Notes. Package Line items: # Qty UOM Description Response 1 1 1 LS Payment and Performance Bonds $12,000.00 (Required) Price Supplier Notes: 1.2 1 LS SWPPP $20,000.00 (Required) Price Supplier Notes: 1.3 1 LS Stabilized Construction Access $5,000.00 (Required) Price Supplier Notes: 1 4 1 LS Mobilization(maximum 3%of total bid) $15,000.00 (Required) Price Supplier Notes: 1.5 1 LS Sawcut,Remove and Dispose of Asphalt Drive $5,000.00 (Required) Price Supplier Notes: 0717-50 Addendum 1 -Page 3 of 7 1.6 1 LS Remove and Dispose of Gravel Driveway Material $5.000.00 (Required) Price Supplier Notes: 1.7 1 LS Earthwork and Grading $45,000.00 (Required) Price Supplier Notes: 1.8 1 LS Crosswalk and Stop Bar Striping $550.00 (Required) Price Supplier Notes: 1.9 1 LS Traffic Signage $550.00 (Required) Price Supplier Notes: 1 10 1 LS Culvert Crossing $500.00 (Required) Price Supplier Notes: 1 11 148 LF 36"ADS HP Storm Pipe $10.360.00 (Required) Price Supplier Notes: 1 12 2 EA Precast Safety End Treatment(Type II)(36")(6:1)With Pipe Runner $8.000.00 (Required) Price Supplier Notes: 0717-50 Addendum 1 -Page 4 of 7 1 13 2 EA Urban Backslope Interceptor Structure(Includes Modified"A" Inlet Box) $10.200.00 (Required) Price Supplier Notes: 1 14 1 EA Precast Junction Box with Manholes(5'x5') $4,200.00 (Required) Price Supplier Notes: 1 15 3,216 SF 6'Concrete Trail-6"Thick $19,939.20 (Required) Price Supplier Notes: 1 16 42,850 SF 10'Concrete Trail-8"Thick $304.235.00 (Required) Price Supplier Notes: 1 17 550 SF Colored Concrete Paving $4,675.00 (Required) Price Supplier Notes: 1 18 3 EA Graphic Panels $15.600.00 (Required) Price Supplier Notes: 1 19 3 EA Graphic Bands $5,535.00 (Required) Price Supplier Notes: _.._ 0717-50 Addendum 1 -Page 5 of 7 1.20 1 EA Trallhead Shade Structure $6.750.00 (Required) Price Supplier Notes: 1.21 1 EA Seating Node Shade Structure $4,520 00 (Required) Price Supplier Notes: 1.22 1 EA Installation of Owner Provided Drinking Fountain,Complete and Operational $2,500.00 (Required) Price Supplier Notes: 1.23 4 EA installation of Owner Provided Benches $1,600.00 (Required) Price Supplier Notes: 1.24 2 EA Installation of Owner Provided Trash Receptacles $600.00 (Required) Price Supplier Notes: 1.25 10 EA Vitex-30 gal. $1,200.00 (Required) Price Supplier Notes: 1.26 62 EA Knock-Out Rose-3 gal. $7,440.00 (Required) Price Supplier Notes: 0717-50 Addendum 1 -Page 6 of 7 1.27 30,000 SF Fine Grade and Sod $21,000.00 (Required) Price Supplier Notes: 1,28 50,000 SF Fine Grade and Hydromulch $5,000.00 (Required) Price Supplier Notes: 1,29 1 LS Irrigation System,Complete and Operational $8.076,00 (Required) Price Supplier Notes: 0717-50 Addendum 1 -Page 7 of 7 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number of business. 2017-269734 Tandem Services, LLC Friendswood,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/09/2017 being filed. City of Pearland Date Acknowledged: 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. P50072 Trails Phase 2-Centennial Park to Magnolia Rd.Construction Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party X 6 AFFIDAVIT I swear or affirm,under penalty of perjury that the above disclosure is true and correct. """��. ELLA CRUICHER /O4P�`I I1;416 ':Notary Public.State of Texas -^ Comm Expires 12-09 2019 ��.";"f1``r' Not ID 130463639 Cad- ' ktt°j"'sSignature of aorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said t/u Ski 0 \okrwv5o ,this the Ck day of T)C.j� eX , 20 VI to certify which,witness my hand and seal of office. E 11 a CY tit Cher l -F-k r P Mr). r Signature of officer administering oath Printed name of officer administering oath Title of officer administer oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after 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,Local Government Code.An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. Not Applicable ?in i l Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated t completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you 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 • J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income,from the vendor? Yes I INo B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No 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. Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1) zj � zZ1•2_at-( Signature of vendor doin siness with the governmental entity Date Form provided by Texas Ethics Commission www ethics.state tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm For easy reference,below are some of the sections cited on this form Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency Local Government Code§176.003(a)(2)(A)and(B). (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if' (2) the vendor (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (1) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor Local Government Code§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A), (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1),or (3) has a family relationship with a local government officer of that local governmental entity (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of• (1) the date that the vendor (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity,or (2) the date the vendor becomes aware (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection(a), (B) that the vendor has given one or more gifts described by Subsection(a),or (C) of a family relationship with a local government officer Form provided by Texas Ethics Commission www ethics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE As of January 1, 2006, the Texas Local Government Code Chapter 176 requires all vendors and potential vendors who contract or seek to contract for the sale or purchase of property, goods, or services with any local government to complete and submit a Conflict of Interest Questionnaire. In filling out the questionnaire, the following are current City Council members and City employees who may either recommend or approve bid awards. City Council. Mayor Tom Reid Councilmember Tony Carbone Councilmember Derrick Reed Councilmember Gary Moore Councilmember Keith Ordeneaux Councilmember J David Little Councilmember Trent Perez Councilmember Woody Owens City Staff. City Manager Clay Pearson Director of Finance Cynthia Pearson Assist. Director of Finance Rick Overgaard Purchasing Officer Bob Pearce ifitautua 1111 T < \ A 5 Es r. ,E0 Contractor Questionnaire Yes No I ' 1 1. Has the City of Pearland or other governmental entity incurred costs as a result of contested change order(s)from the undersigned company? C2. Has the City of Pearland or other governmental entity been involved in litigation relative to contract performance with the undersigned company? nn 3. Has the undersigned company failed to meet bid specifications or time limits on other contracts? 4. Has the undersigned company abandoned a contract or refused to perform without legal cause after submitting a bid? 5. Has the undersigned company had bidding errors or omissions in two or more bid submissions within a thirty six(36) month period? ✓ 6. Has the undersigned company failed to perform or performed unsatisfactory on two or more contracts within a thirty six(36)month period? ✓ 7 Does the undersigned company have adequate equipment,personnel and expertise to complete the proposed contract? nn 8. Does the undersigned company have a record of safety violations in two or more contracts within a thirty six(36) month period? CLJ 9. Does the undersigned have a criminal offense as an incident to obtaining or attempting to obtain a public or private contractor subcontract,or in the performance of such a contract or subcontract within a ten(10)year period? I 1 ✓ 10. Has the undersigned company been convicted of a criminal offense within a ten(10)year period of embezzlement, theft,bribery,falsification or destruction of records,receiving stolen property or any other offense indicating a lack of business integrity or business honesty which might affect responsibility as a municipal contractor? LJ ✓ 11. Has the undersigned company been convicted of state or federal antitrust statutes within a ten(10)year period arising out of submission of bids or proposals? 12. Has the undersigned company been disbarred or had a similar proceeding by another governmental entity? If you answered"yes"to Items 1-6 or 8-12 or answered"no"to Item 7,please attach a full explanation to this questionnaire. Company Name: Tandem Services LLC Address: 4425 FM 2351 , Suite 5, Friendswood, Texas 77546 Name: iLV-itit\ Jb1\\lStyl Title: ?c tc1er (Please Print) (Please Print) Signature: C ✓ "-�-- Date: 't.2`2U11 Ot rE`P'Se may° iiikatakt EST. 13 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 this bid 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." Tandem Services, LLC Vendor 4425 FM 2351,Suite 5, Friendswood,Texas 77546 Address 281-947-8378 Phone Number 281-947-8487 Fax Number tandem@tandemservicesllc.com Email Address Bidder(Signature) Partner Position with Company Signature of Company Official Authorizing This Bid Dustin Johnson Company Official(Printed Name) Partner Official Position oE 4° Pt�l 9 V y Q 1= EEII�a!!II I F h a s ``sr, 02.9 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 Friendswood Contact: Jameson Appel Phone Number 281 -996-3260 Email Address:jappel@ci.friendswood.tx.us Company Name City of Kemah Contact: James Thompson Phone Number 281 -334-1611 Email Address.jhompson@kemah-tx.com Company Name JX Nippon Contact. Michael McComb Phone Number 713-745-1019 Email Address MMcComb@jxncti.com CITY OF PEARLAND STANDARD FORM OF AGREEMENT Section 00500 STANDARD FORM OF AGREEMENT THIS AGREEMENT is by and between City of Pearland (hereinafter called OWNER or City) and Tandem Services, 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 Trails Phase Two McLean Rd. to Magnolia St. City of Pearland,Texas COP PN: P50072 BID NO . 0717-50 Article 2 ENGINEER The Work has been designed by Clark Condon Associates, 10401 Stella Link Road, Houston, Texas 77025, Elizabeth Gilbert who is hereinafter called ENGINEER and who is to assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME 3 1 The Work will be Substantially Complete (as defined in Article 1 of the General Conditions) within one hundered twenty (120) days (including weekends and holidays) from the date when the Contract Time commences to run as provided in paragraph 5 01 of the General Conditions (as revised in the Special Conditions if applicable), and completed and ready for Final Payment within one hundred fifty (150) 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 five hundred dollars$500 00 for each 4-2015 00500- 1 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 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 $550,030.20 (the "Contract Price") The Contract Price includes the Base Bid as shown in Document 00300 — Bid Proposal. Article 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Section 6 0 "Measurement and Payment" of the General Conditions. Application for Payment will be processed by ENGINEER as provided in the General Conditions. 5 1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER as provided below All progress payments will be on the basis of the progress of the Work and actual quantity of Work completed, in accordance with Article 6 "Measurement and Payment" of the General Conditions. 5 1 1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage or actual quantity of Work complete, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions The OWNER shall make payment within 30 days of receipt of application for payment by the ENGINEER. 5 1.2 Each progress payment shall be less retainage as specified in Paragraph 6 06 of the General Conditions, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood,however,that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may upon written recommendation of the ENGINEER pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at 4-2015 00500-2 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT the OWNER's option,may be relieved of the obligation to fully complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment." 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 6 09 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 6 09 Article 6 INTEREST Interest on any overdue payment from OWNER to CONTRACTOR shall be paid in accordance with the provisions of Chapter 2251 025 of the Texas Government Code, as amended. Article 7 CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations 7 1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost,progress,performance,or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all available surveys, assessments, reports of explorations, investigations, and tests of subsurface conditions and drawings of physical conditions of the site Such technical reports and drawings are not Contract Documents, and Owner makes no representations or warranties as to the accuracy of such documents or information, or to whether or not they are complete, comprehensive, or all-inclusive. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying)all such examinations,investigations,explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work, and CONTRACTOR assumes the risk of such subsurface and physical conditions, and shall furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports, and studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7 4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said 4-2015 00500-3 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 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 19 inclusive with attachments with each sheet bearing the following general title Trails Phase Two McLEan Rd. to Magnolia St. 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. There are no Contract Documents other than those listed above in this Article 8 The 4-2015 00500-4 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. Article 9 MISCELLANEOUS 9 1 Terms used in this Agreement which are defined in Section 1, "Definitions and Interpretations" of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors,assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9 4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from Substantial Completion against defects in materials and workmanship CONTRACTOR agrees to repair or replace any defective work within this warranty period immediately unless such repairs require long lead time materials and equipment in which case CONTRACTOR shall provide an agreeable schedule for repairs at no additional cost to OWNER. 9 5 The Work will be completed according to the Contract Documents and in accordance with codes, ordinances, and construction standards of the City of Pearland, and all applicable laws, codes and regulations of governmental authorities. 9 6 In the event any notice period required under the Contract Documents is found to be shorter than any minimum period prescribed by applicable law, the notice period required shall be construed to be the minimum period prescribed by applicable law 9 7 This Contract and the Contract Documents, insofar as they relate in any part or in any way to the Work undertaken therein, constitute the entire agreement between the parties hereto, and it is expressly understood and agreed that there are no agreements or promises by and between said parties, except as aforesaid, and that any additions thereto or changes shall be in writing. 9 8 The provisions of this Contract shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and the intent of the parties, but if for any reason any provision is unenforceable or invalid, such provisions shall be deemed severed from this Contract and the remaining provisions shall be carried 4-2015 00500-5 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT out with the same force and effect as if the severed provision had not been part of this Contract. 9 9 The headings of the paragraphs are included solely for the convenience of reference and if there is any conflict between the headings and the text of this Contract, the Contract text shall control. 9 10 The waiver of any breach hereof shall not constitute a waiver of any subsequent breach of the same or any other provision hereof. Failure by the OWNER in any instance to insist upon observance or performance by CONTRACTOR shall not be deemed a waiver by CONTRACTOR of any such observance or performance No waiver will be binding upon OWNER unless in writing and then will be for the particular instance only Payment of any sum by OWNER to CONTRACTOR with knowledge of any breach or default will not be deemed a waiver of such breach or default or any other breach or default. 9 11 The CONTRACTOR acknowledges that the OWNER(through its employee handbook) considers the following to be misconduct that is grounds for termination of an employee of the OWNER. Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the OWNER. The CONTRACTOR agrees that it will not, directly or indirectly; cause an employee of the OWNER to engage in such misconduct. 9 12 The CONTRACTOR agrees to comply with Appendix A (attached) of the City of Pearland's Title VI Nondiscrimination Plan Assurances. 4-2015 00500-6of7 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 September 29, 2017 OWNER. CONTRACTOR. CITY OF PE 'IPAN Tandem Services, LLC By. By. Title ;_ Ai /,. ..� _AR Title dust% J o1/2nc‘son-Po,c cc�ex Date b"' do, fr Date kO-oct--9..o\1 (Corporate Seal) ATTEST ATTEST qiitak Address for giving notices 25 Ft-‘ 7.-35\ ,SW-Y e. 5 C r‘ex•d ve.,00d ' )4 -1"l5yb Phone 2-,6.t-gyn -t31g, Fax 2.8\ -(?)-4$1 Agent for service of process END OF SECTION 4-2015 00500-7 of 7 Title VI Nondiscrimination Assurances APPENDIX A During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows (1) Compliance with Regulations- The contractor shall comply with the Regulations relative to nondiscrimination in Federally-Assisted programs of the Department of Transportation (hereinafter, "DOT') Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract (2) Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations (3) Solicitations for Subcontracts, including Procurements of Materials and Equipment In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin (4) Information and Reports The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sub-Recipient or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Sub-Recipient, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information (5) Sanctions for Noncompliance In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract,the Sub-Recipient shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (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 CITY OF PEARLAND PERFORMANCE BOND Bond No 58S210394 Section 00610 PERFORMANCE BOND STATE OF TEXAS § COUNI`Y OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS That Tandem Services, LLC of the City of Friendswood , County of Galveston , and State of Texas. as principal, and Liberty Mutual 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 sum of$550,030.20 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 29th day of September 2017 , (the "Contract") to commence and complete the construction of certain improvements described as follows, Trails Phase Two McLean Rd.to Magnolia St. City of Pearland,Texas COP PN: P50072 BID NO.- 0717-50 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract Work and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and Contract Documents,then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract,or to the Work to be performed thereunder 12/2007 00610- 1 of 2 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.7222502 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, C.A.McClure;Kelly J.Brooks;Kenneth L.Meyer;Michelle Ulery all of the city of CYPRESS ,state of TX each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 5th day of January , 2016 AND CgSG cZY INS�� �tNSUq N1NSOR, American Fire and Casualty Company -0 ,A,,000,AT�'Ii q^,oRPoaq,,-1 „,..N.)' oi,POFtq,kG't(. `V, , oyyo t�+ N The Ohio Casualty Insurance Company N Z 1906 0 0 1919 , 1912 ° ` 1991 o Liberty Mutual Insurance Company m x West merican Insurance Company v O 3 ab _ J CH � r 'Avfll Afla � co Nb * ' ti, * ' * * ey. ^esx >. STATE OF PENNSYLVANIA ss David M.Care Assistant Secretary C RI dj 6.• COUNTY OF MONTGOMERY C Ecn On this 5th day of January , 2016, before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretary of American Fire and O O a 0 Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, >,W p? execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C w> IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. O O. N yp PggT < COMMONWEALTH OF PENNSYLVANIA /IG � p 4fJiZ() Teresa Pastella,Notary Public gO OF Plymouth Twp. Montgomery County y 1-C O Teresa Pastella,Notary Public I- ` Na- My Commission Expires March 28,2017 /p O 16 i cv Member,Pennsylvania Association of Notaries M. E N C cp This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance V1 o y, Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: =",0 • CT) CS i ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject 0 c c 4; to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, .a.. 0"C acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective '5 E 6. powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so is N p co executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >'a ,a the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. To C ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, > E and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, =N M O 3 seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their O C Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so V executed such instruments shall be as binding as if signed by the president and attested by the secretary. 0 CD Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- I. fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seals of said Companies this 9th day of October, 20 17 0,10CA,5G ,-1YIN50 (i9i2 `�, {i992•�,I�) 19060 0 1919 0 21 ° By' 1 d e .S o ; r a a� Gregory W.Davenport,Assistant Secretary 1919 of 2000 LMS_12873_122013 CITY OF PEARLAND PAYMENT BOND Bond No 58S210394 Section 00611 PAYMENT BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS That Tandem Services, LLC of the City of Friendswood , County of Galveston , and State of Texas, as principal, and Liberty Mutual 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 sum of$ 550,030.20 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 29th day of September , 20 17, (the "Contract") to commence and complete the construction of certain improvements described as follows. Trails Phase Two McLean Rd. to Magnolia St. City of Pearland,Texas COP PN. P50072 BID NO 0717-50 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor or material to him or a subcontractor in the prosecution of the Work provided for in said Contract, then, this obligation shall be void, otherwise to remain in full force and effect; PROVIDED HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder 07/2006 00611 - 1 of 2 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7222499 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, C.A.McClure;Kelly J.Brooks;Kenneth L.Meyer;Michelle Ulery all of the city of CYPRESS ,state of TX each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 5th day of January , 2016 AND Cqso ASV INS{i NSbq 1NSbq American Fire and Casualty Company I Q4..coW0t1,4r q JP o 2%-9 ,�JP 00Rq a y 4 AA, ,� , fo�� e� �2� , �,� F���, �Q ac°�"�'>���, The Ohio Casualty Insurance Company a 1906 0 0 1919 01912 ' 19911,I '' a a`)--k kyAMHUS' Y� * VAMP ~ C STATE OF PENNSYLVANIA ss David M.Care Assistant Secretary C al ea t= COUNTY OF MONTGOMERY C as dm On this 5th day of January 2016, before me personally appeared David M. Carey,who acknowledged himself to be the Assistant Secretary of American Fire and v F.O. Fa Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, >W O 2 execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C E a)> IN WITNESS WHEREOF I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. 0 C. c0 P PASr COMMONWEALTH OF PENNSYWANIA Odi— ; Q�gMONwq F!` Notarial Seal Q co) 4. tiw o° �_ 1' Teresa Pastella,Notary Public By Ltd& O OF Plymouth Twp. Montgomery County Teresa Pastella,Notary Public u.C L. p��P My Commission Expires March 28,2017 c O 1t .. i Member,Pennsylvania Association of Notaries 0 O 4., 0` e0 C c0 This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance N e y', Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: r at L ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O c 2117, to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, N O C acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective 7.5 S E y powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so eo 0 _O co executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >43 ,a the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. .00 et co d ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, E eQ > E and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, ►.M 0 O seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their c ao Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v o executed such instruments shall be as binding as if signed by the president and attested by the secretary. 0 co Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- F— fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seals of said Companies this 9th day of October, 20 17 oo CAso ti'1Y INSV ,,\NS�q NVNSOR Q,,\i:)a''`�R 9tT yJP 00,044r1y2 tiJP,1,o0o%WrF ke N4�� 00.04,Q't't+ 2 6 1906 0 0 1919 0 1912 c' G 1991 ,, By' ~ d� �� a' o t r W p 1 .> $ Gregory W Davenport,Assistant Secretary �yb',wo 0 ,9y`H'knMPS`"��'v �ij gSSAt.rNS�' ! �!•reiAel> * 1916 of 2000 LMS_12873_122013 CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND Bond No 58S210394 Section 00612 ONE-YEAR MAINTENANCE BOND STATE OF TEXAS § COUNTY OF BRALORIA § KNOW ALL MEN BY THESE PRESENTS That Tandem Services, LLC of the City of Friendswood , County of Galveston , and State of Texas, as principal, and Liberty Mutual Insuran pmpany authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of$550,030.20 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 29th day of September , 20 17 (the "Contract") to commence and complete the construction of certain improvements described as follows Trails Phase Two McLean Rd.to Magnolia St. City of Pearland,Texas COP PN: P50072 BID NO.: 0717-50 which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully correct all such work not in accordance with the Contract Documents discovered within the one-year period from the date of substantial completion. then this obligation shall be void. otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder k 07/200fi 00612- 1 of 2 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7222489 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, C.A.McClure;Kelly J.Brooks;Kenneth L.Meyer;Michelle Ulery all of the city of CYPRESS ,state of TX each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 5th day of January , 2016 A ta0 Cqq ZV INS(! ,1NSUR NtNSUR American Fire and Casualty Company �p 4�'.0`001wTpGq(� o�OR4teNn ,,� 5,00a,:�tir�, *::(5,00R it, The Ohio Casualty Insurance Company N a 1906 0 o t919 191z ° z i991 ° Liberty Mutual Insurance Company C 3 West merican Insurance Company ds»^•-,,r ,4.a,4 ° ,,, spa 2D y'3 2 'v '' .� y �b GIMP' t HA ) SgCµj p NUTANa` /,e� 0� * � ti1 • t'� * * � +d+ By. >+ w A STATE OF PENNSYLVANIA ss David M.Care Assistant Secretary 0 e▪ `o COUNTY OF MONTGOMERY c I) pt On this 5th day of January , 2016, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and v I.O. o• e Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, N W O io execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. E 0 > IN WITNESS WHEREOF I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. 0 O. 3 SP pgsr COMMONWEALTH OF PENNSYLVANIA Q M Q�a�,oNwe4 c, Notarial Seal ) y„ g1/4r� (� v Teresa Pastella,Notary Public By �1/�/f( i ��Q��� O O _ OF Plymouth Twp. Montgomery County Teresa Pastella,Notary Public 0_ ` � tea. My Commission Expires March 28,2017 45 a rypq""` V' Member.Pennsylvania Association of Notaries a E • N c rp This Power of Attorney is made and executed pursuant to an by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance e)p u. Company,LibertyMutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect readingas follows: t G m.• P Y. P Y, P Y ,.� tca 0 ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O c E+; to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, Z.,33 0 C acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective '9 t E y powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so ea d p 11 executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >J? the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. L ac ARTICLE XIII—Execution of Contracts—SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, 41. E ao • i and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,OZ 6- t~M seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their =cQ c respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v O executed such instruments shall be as binding as if signed by the president and attested by the secretary. H co Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. 17 IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seals of said Companies this 9th day of October' ,20 AO CqrG J P�Sµ IN.SrFU,-9Z tiJP,N q1,c' �AN otvNvcSUq'9.yr +<Q. ou'nR.n"4!�. ;, 0 r ` , F, , vRIco e,n �--_ a 1906 0 0 1919 n 1912 2° a 1991 By. `' .. s Y _° x _a' Gregory W.Davenport,Assistant Secretary 1, T� `.c J Acrlv'> 1906 of 2000 LMS_12873_122013 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. Signature Printed Name&Title Company Name State of County of Subscribed and sworn to, before me, this day of , 20 My Commission Expires Notary Public 5-12 12 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT TABLE OF CONTENTS Page No. 1.0 DEFINITIONS AND INTERPRETATIONS 1 1 01 Owner, Contractor and Engineer 1 02 Contract Documents 103 Subcontractor 1 04 Written Notice 105 Work 1 06 Extra Work 1 07 Work Day 1 07-1 Rain Day 1 07-2 Impact Day 1 08 Calendar Day 1 09 Substantially Completed 1 10 Interpretation of Words and Phrases 1 11 Referenced Standards 1 12 Contract Time 1 13 Construction Inspector 1 14 Balancing Change Order 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 4 2 01 No Warranty of Design 2 02 Right of Entry 2.03 Ownership of Plans 10-2012 00700-i CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 2 04 Changes and Alterations 2 05 Damages 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 6 3 01 Owner-Engineer Relationship 3 02 Keeping of Plans and Specifications Accessible 3 03 Preliminary Approval 3 04 Inspection by Engineer 3 05 Determination of Questions and Disputes 3 06 Recommendation of Payment 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 8 4 01 Independent Contractor 4 02 Contractor's Understanding 4 03 Laws and Ordinances 4 04 Assignment and Subletting 4 05 Performance and Payment Bonds [and Maintenance Bond] 4 06 Insurance 4 07 Permits and Fees 4 08 Texas State Sales Tax 4 09 Contractor's Duty and Superintendence 4 10 Character of Workers 4 11 Labor, Equipment, Materials, Construction Plant and Buildings 412 Sanitation 4 13 Cleaning and Maintenance 4 14 Performance of Work 4 15 Right of Owner to Accelerate the Work 10-2012 00700-ii CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4 16 Layout of Work 4 17 Shop Drawings 4 18 Engineer-Contractor Relationship, Observations 4 19 Observation and Testing 4.20 Defects and Their Remedies 4.21 Liability for Proper Performance 4.22 Protection Against Accident To Employees and the Public 4.23 Protection of Adjoining Property 4.24 Protection against Claims of Subcontractors, Laborers, Materialmen, and Furnishers of Equipment, Machinery and Supplies 4.25 Protection Against Royalties or Patented Invention 4.26 Indemnification 4.27 Losses From Natural Causes 4.28 Guarantee 5.0 PROSECUTION AND PROGRESS 18 5 01 Time and Order of Completion 5 02 Extension of Time 5 03 Hindrances and Delays 5 04 Suspension of Work 5 05 Liquidated Damages for Delay 5 06 Change of Contract Time 5 07 Delays Beyond Owner's and Contractor's Control 6.0 MEASUREMENT AND PAYMENT 21 6 01 Discrepancies and Omissions 6 02 Quantities and Measurements 10-2012 00700-iii CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6 03 Estimated Quantities 6 04 Price of Work 6 05 Payments 6 06 Partial Payments 6 07 Use of Completed Portions &Punchhst 6 08 Substantial Completion 6 08-1 6 09 Final Payment 6 10 Correction of Work Before Final Payment 6 11 Correction of Work After Final Payment 6 12 Payments Withheld 6 13 Delayed Payments 7.0 EXTRA WORK AND CLAIMS 27 7 01 Differing Site Conditions 7 02 Change Orders 7 03 Change Orders 7 04 Request for Work Approval for Work on Non-Work Days 7 05 Minor Changes 7 06 Extra Work 7 07 Time of Filing Claims 8.0 DEFAULT 30 8 01 Default by Contractor 8 02 Supplementation of Contractor Forces 8 03 Cumulative Remedies & Specific Performance 8 04 Cross-Default 10-2012 00700-iv CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8 05 Insolvency 8 06 Contingent Assignment 8 07 Waiver of Consequential Damages 8 08 Termination for Convenience 8 09 Default by Owner 9 0 DISPUTE RESOLUTION 35 ATTACHMENT NO 1 WORKERS' COMPENSATION INSURANCE COVERAGE Al ATTACHMENT NO 2 AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE B1 ATTACHMENT NO 3 OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR Cl 10-2012 00700-v CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT 1.0 DEFINITIONS AND INTERPRETATIONS 101 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement. The term ENGINEER as used in these General Conditions shall refer to the Engineer or Architect identified in the Agreement, as applicable, and means a person authorized to act as a representative of the entity designated by the OWNER to provide professional services required in connection with the preparation of plans and specifications of this Contract. The term CONSTRUCTION MANAGER as used in these General Conditions shall refer to the Construction Manager identified in the Agreement, as applicable, and means a person authorized to act as representative of the entity designated by the OWNER to provide professional services required in connection with the performance of the work of this Contract. The Owner's representative on the project site shall be the CONSTRUCTION MANAGER or ENGINEER as designated. 1 02 CONTRACT DOCUMENTS The Contract Documents shall consist of all of the documents identified in Article 8 of the Standard Form of Agreement, which documents, excluding such documents as may be delivered or issued after the Effective Date of the Agreement, as referenced in Article 8, shall be bound together in a Project Manual for the Work. All references to the "Contract" or the "Agreement" in these General Conditions of Agreement shall include the Contract Documents. The Contract Documents are complementary, and what is required by one shall be binding as if required by all. In the event of any conflict among the Contract Documents, the Contract Documents shall govern in the following order (1) Modifications in writing and signed by both parties, including any Change Orders, (2) Standard Form of Agreement; (3) Special Conditions of Agreement; (4) General Conditions of Agreement, including Attachment No 1 — Workers' Compensation Insurance Coverage, Attachment No 2 — Agreement for Final Payment and CONTRACTOR'S Sworn Release, and Attachment No 3 — Owner's Insurance Requirements of Contractor; (5) Addenda, if any; (6) Plans and Specifications referenced or included in the Project Manual, (7) Instructions to Bidders, (8) Bid Proposal, and 10-2012 00700- 1 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. 111 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 PEARLAND GENERAL CONDITIONS OF AGREEMENT inconsistencies in the Contract Documents noted by the CONTRACTOR, and/or any variance between the Contract Documents and applicable codes, standards or ordinances, shall be promptly reported by CONTRACTOR to ENGINEER in writing as a Request for Information. Work performed prior to a Request for Information shall be at the Contractor's risk. If CONTRACTOR fails to perform its obligations under this paragraph, CONTRACTOR shall pay such costs and damages to OWNER as would have been avoided if CONTRACTOR had reported any errors, omissions, inconsistencies or variances in the Contract Documents noted by CONTRACTOR or which should have been noted by a careful study of the Contract Documents. CONTRACTOR shall comply with the Contract Documents, all approved modifications thereof and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the requirements of the Contract Documents and approved modifications thereof and all approved additions and alterations, thereto, as the same shall have been interpreted by the ENGINEER. 2 02 RIGHT OF ENTRY The OWNER reserves the right to enter the property or location on which the work herein contracted for is to be performed, constructed or installed, for itself or such agent or agents as it may select, for the purpose of inspecting the work, or for the purpose of performing, constructing or installing such collateral work as the OWNER may desire. The OWNER shall have the right to make inspections at all reasonable times, and the CONTRACTOR hereby waives any claims for extension of time and/or compensation for any loss or damage if his work shall be delayed by reason of such inspection, performance, construction or installation of collateral work. 2.03 OWNERSHIP OF PLANS All plans, specifications and copies thereof furnished by the OWNER shall not be reused on other work and, with the exception of the sets forming the part of the signed Contract Documents, are to be returned to the OWNER on request at the completion of the Work. All plans and models are the property of the OWNER. 2.04 CHANGES AND ALTERATIONS The CONTRACTOR further agrees that the Owner may make such changes and alterations, additions and deletions as the OWNER may see fit, in the Work, including but not limited to changes in line, grade, form, dimensions, plans or specifications for the Work herein contemplated, or any part thereof, either before or after the beginning of construction, without affecting the validity of this Contract and the corresponding Performance and Payment Bonds If such changes or alterations or deletions diminish the quantity or the value of the Work to be done, they shall not constitute the basis for a claim for compensation or damages, including lost or anticipated profits on the Work that may be affected. If the amount of Work is increased and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this Contract, otherwise, such additional work shall be paid for as provided under Article 7 hereof for Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any Work already done or material already furnished or used in said Work, then the OWNER shall compensate the CONTRACTOR for any material or labor so used and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the Work as originally planned. 2.05 DAMAGES In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake or default of the CONTRACTOR, or should the 10-2012 00700-5 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR unreasonably delay the progress of the work being done by others on the job so 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 final acceptance, upon discovery of such non-conforming or defective work or material. Any questioned Work may be ordered taken up or removed for inspection by the ENGINEER prior to final acceptance, and if found not to be in accordance with the Contract Documents, all expense of removing, inspection and repair or replacement shall be borne by the CONTRACTOR, otherwise the expense thus incurred shall be allowed as Extra Work and shall be paid for by the OWNER, provided that where inspection or approval is specifically required by the Specifications 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/or quantity of the work, nor shall the ENGINEER be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident to the Work being performed or any part thereof. The ENGINEER shall use reasonable care to prevent deviation from the intent and substance of the Contract Documents by the CONTRACTOR in the performance of the Work and any part thereof and, on the basis of such on-site observations, will keep the OWNER informed of the progress of the work and will endeavor to guard the OWNER against defects and deficiencies in the Work of the CONTRACTOR. Notwithstanding any other provision of this Agreement or any other Contract Document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractors, agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the Work. 3 05 DETERMINATION OF QUESTIONS AND DISPUTES In order to prevent delays and disputes and to discourage litigation, it is agreed that the ENGINEER shall, in all cases, determine the quantities and qualities of the several kinds of Work, which are to be paid for under this Contract. The ENGINEER shall address all questions in relation to said Work and the 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, or sublet said Contract, or any rights, duties or obligations arising thereunder, in whole or in part, without the prior written consent of the OWNER, and that no part or feature of the Work will be sublet to anyone objectionable to the ENGINEER or the OWNER. In addition, the OWNER reserves the right to disapprove the subletting of this Contract or any portion hereof on any basis whatsoever The CONTRACTOR further agrees that the subletting of any portion or feature of the Work or materials required in the performance of this Contract shall not relieve the CONTRACTOR from his obligations to the OWNER, as provided for by this Agreement. 4 05 PERFORMANCE, PAYMENT AND MAINTENANCE BONDS In the event the Contract Price shall be in excess of $25,000 00, the CONTRACTOR shall execute separate Performance,Payment and Maintenance Bonds, each in the sum of one hundred percent(100%) of the Contract Price, and each in accordance with the provisions of Chapter 2253 of the Texas Government Code If the Contract Price does not exceed $25,000 00, the statutory bonds will not be required. All required Bonds shall be payable to OWNER and on forms approved by the OWNER, and shall be executed by a corporate surety in accordance with Article 7 19-1 of the Texas Insurance Code. It is agreed that the Contract shall not be in effect until such original Performance, Payment and Maintenance Bonds are delivered to and approved by the OWNER. The cost of the premium for the Performance, Payment and Maintenance Bonds, should Maintenance Bonds be required, shall be included in the CONTRACTOR's Bid Proposal All bonds shall be issued by Texas Department of Insurance approved surety companies. 4 06 INSURANCE. The CONTRACTOR, at his own expense, shall procure, maintain and keep in force throughout the duration of the Work, and throughout the Guarantee Period, insurance as specified in Attachment No 1 hereto with regard to Workers' Compensation Insurance, and as specified in Attachment No 3 hereto with regard to all other Insurance. Such insurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection with this Contract, whether performed by the CONTRACTOR or a subcontractor, or others for whom CONTRACTOR is responsible 4 07 PERMITS AND FEES Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for all permits, licenses, and inspections necessary for proper execution and completion of the Work, and which are legally required at the time bids are received. Permits required by the City of Pearland will be issued as a NO FEE permit. 4 08 TEXAS STATE SALES TAX. Materials incorporated into this project are exempt from State Sales according to provisions of the Texas Tax Code, Chapter 151, Subsection H. 10-2012 00700-9 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT The Contractor must obtain a limited sales, excise and use tax permit or exemption certificate which shall enable him to buy the materials to be incorporated into the Work without paying tax at due time of purchase 4 09 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this Contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the ENGINEER as the OWNER'S representative The superintendent shall represent the CONTRACTOR in his absence and shall act as the agent of the CONTRACTOR, and all directions given to him shall be binding as if given to the CONTRACTOR. Adequate supervision by competent and reasonable representatives of the CONTRACTOR is essential to the proper performance of the Work, and lack of such supervision shall be an act of default, and grounds for suspending operations of the CONTRACTOR. The Superintendent cannot be removed from the project without the consent of the Owner; the Superintendent must speak and understand the English language; the Superintendent must be on site when any work on the project is being done, even when a subcontractor is performing the work. The Work, from its commencement to completion, shall be under the exclusive charge and control of the CONTRACTOR, and all risk in connection therewith shall be borne by the CONTRACTOR. Neither the OWNER nor the ENGINEER as the OWNER's representative will be responsible for the acts or omissions of the CONTRACTOR, its subcontractors or any of its agents or employees, 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 411 LABOR, EQUIPMENT, MATERIALS, CONSTRUCTION PLANT, AND BUILDINGS The CONTRACTOR shall provide all labor, services, tools, equipment, machinery, supplies, facilities, utilities and materials necessary in the prosecution and completion of this Contract where it is not otherwise specifically provided that the OWNER shall furnish same, and further, the CONTRACTOR shall be responsible for the care, preservation, conservation and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction and any and all parts of the Work, whether the CONTRACTOR has been paid, partially paid or not paid for such Work, until the entire Work is completed and accepted. The building or placement of structures for housing workers or offices, or the erection of tents or other forms of protection, will be permitted only with the ENGINEER's written permission, and at 10-2012 00700- 10 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. Any structures of any nature constructed, placed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection, placement or construction thereof; and the CONTRACTOR agrees to indemnify and hold the ENGINEER or OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, placement, construction or maintenance of CONTRACTOR's buildings or structures. 4 12 SANITATION Necessary sanitary conveniences for the use of laborers and others on the Work site, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. Any structures of any nature constructed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection or construction thereof, and the CONTRACTOR agrees to indemnify and hold the ENGINEER and OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, construction or maintenance of CONTRACTOR's buildings. 4 13 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep and maintain the premises free from accumulation of debris, trash and waste The CONTRACTOR shall remove waste, debris and trash at the end of each work day CONTRACTOR shall remove all such debris, trash and waste, tools, scaffolding and surplus materials, and shall leave the Work broom-clean or its equivalent, upon completion of the Work. The Work shall be left in good order and condition. In case of dispute, the OWNER may remove the debris,trash,waste and surplus materials, and charge the cost to the CONTRACTOR. 4 14 PERFORMANCE OF WORK. It is further agreed that it is the intent of this Contract that all Work must be done and all material must be furnished in accordance with the generally accepted practice for such materials furnished or work completed, unless otherwise provided in the Contract Documents. 4 15 RIGHT OF OWNER TO ACCELERATE THE WORK. If at any time the methods or equipment used by the CONTRACTOR, or the work force supplied are found to be inadequate to achieve the progress required to Substantially Complete the Work within the Contract Time, the OWNER or the ENGINEER as the OWNER's representative, may order the CONTRACTOR in writing to supplement its forces and/or equipment, or work shifts or overtime, or otherwise improve its efficiency and rate of progress to achieve Substantial Completion of the Work within the Contract Time, and the CONTRACTOR shall comply with such order, at its own cost and expense 416 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 business is prohibited. CONTRACTOR shall institute and enforce appropriate drug testing guidelines and program. All accidents or injuries to CONTRACTOR's employees working on the job site must be reported verbally and in writing to the ENGINEER immediately, and within no more than eight(8)hours. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, in his sole discretion as an independent contractor Inclusion of this paragraph in the Agreement, as well as any notice which may be given by the OWNER or the ENGINEER as the OWNER's representative concerning omissions under thus paragraph as the Work progresses, are intended as reminders to the CONTRACTOR of his duty and shall not be construed as any assumption of duty by ENGINEER, or OWNER's representative to supervise safety precautions by either the CONTRACTOR or any of his subcontractors. 4.23 PROTECTION OF ADJOINING PROPERTY The CONTRACTOR shall employ proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction, and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent or adjoining property THE CONTRACTOR AGREES TO INDEMNIFY, DEFEND, SAVE AND HOLD HARMLESS THE CONSTRUCTION MANAGER, OWNER AND ENGINEER AGAINST ANY CLAIM OR CLAIMS FOR DAMAGES, LOSS, COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, DUE TO ANY INJURY TO ANY ADJACENT OR ADJOINING PROPERTY, ARISING OR GROWING OUT OF THE PERFORMANCE OF THE CONTRACT, REGARDLESS OF WHETHER OR NOT SUCH DAMAGE, LOSS, COST OR EXPENSE IS CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER AND/OR ENGINEER. 4.24 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES THE CONTRACTOR AGREES THAT HE WILL PROMPTLY PAY WHEN DUE, AND WILL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ALL CLAIMS GROWING OUT OF THE DEMANDS OF SUBCONTRACTORS, LABORERS, WORKERS, MECHANICS, MATERIALMEN AND FURNISHERS OF MACHINERY AND PARTS THEREOF, EQUIPMENT, POWER TOOLS AND ALL SUPPLIES, INCLUDING COMMISSARY, INCURRED IN THE FURTHERANCE OF THE PERFORMANCE OF THIS CONTRACT When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or 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 mobilization as defined in Section 01505 MOBILIZATION The Contract Time as defined in the Bid Proposal and other sections herein incorporates 40 Ram Days per calendar year or an average of 3.33 days per calendar month. The CONTRACTOR is required to keep record of all weather related delays and to submit the monthly count on each Pay Application. The Owner's Representative shall review and sign off on this record as a part of the Pay Application approval process every month. If, during preparation of the Balancing Change Order, the status of the work progress requires an extension of the Contract Time, Impact Days shall be added to the Completion Date equal to the total number of Weather or Impact Days approved less the original 40 days resident in the original Contract Time. The Addition of Weather or Impact Days will only alter the Contract Time when added by Change Order If the Work is completed prior to the Completion Date, No Days will be added. The addition of Weather or Impact Days shall be the CONTRACTOR's sole remedy for delays to the completion of the Work and their addition to the Contract Time shall not affect the Contract Price through any "per diem" adjustment to the General Conditions costs, Temporary Facilities costs or any other costs associated with the extension of the Contract Time. 5 03 HINDRANCES AND DELAYS In executing the Contract, the CONTRACTOR agrees that in undertaking to complete the Work within the time herein fixed, he has taken into consideration and made allowances for all interference, disruption, hindrances and delays incident to such Work, whether growing out of delays in securing material, workmen or otherwise. No claim shall be made by the CONTRACTOR for damages, loss, costs or expense resulting from interference, disruption, hindrances or delays from any cause during the progress of any portion of the Work embraced in this Contract, except where the Work is stopped or suspended by order of the OWNER's representative and such stoppage or suspension is not attributable to any act or omission of CONTRACTOR. 5 04 SUSPENSION OF WORK. OWNER may, without cause, order the CONTRACTOR in writing to suspend the Work, in whole or in part, for such period of time as OWNER may request. The Contract Price and/or Contract Time shall be adjusted for any increase in the cost of or the time required for performance of the Work caused by such suspension. No adjustment shall be made to the extent performance was or would have been suspended by a cause for which CONTRACTOR is responsible, or to the extent an adjustment is made or denied under another provision of the Contract Documents. 5 05 LIQUIDATED DAMAGES FOR DELAY It is understood and agreed that time is of the essence, and that the CONTRACTOR will commence the Work on the date specified herein or in any Notice to Proceed, and will Substantially Complete the Work within the Contract Time It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the Substantial Completion of the Work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality The CONTRACTOR further 10-2012 00700- 19 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT agrees that a failure to complete on time will cause damage to the OWNER and that such damages cannot be accurately measured or that ascertainment will be difficult. Therefore, the parties agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the Contract Time, the CONTRACTOR shall pay, as liquidated damages and as a reasonable estimate of OWNER's damages, and not as a penalty,the amount set out in the Standard Form of Agreement. However, the foregoing agreement as to liquidated damages constitutes only an agreement by the OWNER and the CONTRACTOR as to the amount of damages which the OWNER will sustain by reason of the CONTRACTOR'S failure to complete the work within the Contract Time Should the OWNER suffer damage by reason of any other breach by CONTRACTOR, the OWNER may recover such actual damages in addition to any liquidated damages due. The OWNER shall have the right to deduct and withhold the amount of any and all such damages whether it be the minimum amount stipulated above or otherwise, from any monies owing by it to said CONTRACTOR, or the OWNER may recover such amount from the CONTRACTOR and the sureties of his bond, all of such remedies shall be cumulative and the OWNER shall not be required to elect any one nor be deemed to have made an election by proceeding to enforce any one remedy 5 06 CHANGE OF CONTRACT TIME The Contract Time may only be changed by a Change Order Any claim for an adjustment of Contract Time shall be based on written notice delivered by the party making such claim to the other party and to the ENGINEER promptly, but in no event later than ten (10) days after the event-giving rise to the claim. Notice of the extent of the claim, along with supporting data, shall be delivered within thirty (30) days of the occurrence and shall be accompanied by the claimant's written representation that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in Contract Time shall be determined by the ENGINEER in accordance with the requirements of this paragraph. Contractor shall submit, as a minimum,the following data. A. Information showing that the time requested is not included in the existing Contract and in addition to the Contract. B Information documenting that the number of days requested is accurate for the event. C Revised, current construction schedule showing that the time requested affects the project's critical path. 5 07 DELAYS BEYOND OWNER'S AND CONTRACTOR'S CONTROL Where CONTRACTOR is prevented from completing any part of the Work within the Contract Time due to delays beyond the control of the OWNER and the CONTRACTOR, including, but not limited to, interference by utility owners or other contractors performing other work, Contractor shall be entitled to an extension of the Contract Time in an amount equal to the time lost. CONTRACTOR shall not be entitled to any increase in Contract Price as a result of such delays. IN NO EVENT SHALL OWNER BE LIABLE TO CONTRACTOR FOR DAMAGES ARISING OUT OF OR RESULTING FROM (i) Delays caused by, or within the control of, the CONTRACTOR, or (ii) Delays beyond the control of both parties including, but not limited to, interference by utility 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 CONTRACTOR and reflecting the correct corresponding amount of the payment application. The OWNER shall then pay the CONTRACTOR, within thirty (30) days of the date of ENGINEER's receipt of the application for payment, the undisputed balance due, less applicable retamage, 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 final payment and acceptance, with respect to security, maintenance, utilities and damage to the Work, except as otherwise provided in the Certificate of Substantial Completion. NEITHER THE SUBSTANTIAL COMPLETION OF THE WORK, NOR THE OMISSION OF AN ITEM FROM THE PUNCHLIST, SHALL EXCUSE THE CONTRACTOR FROM PERFORMING ALL OF THE WORK UNDERTAKEN, WHETHER OF A MINOR OR MAJOR NATURE, AND THEREBY COMPLETING THE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS The Certificate of Substantial Completion shall establish the time period within which CONTRACTOR shall complete the Work for Final Acceptance by the Owner and ENGINEER. 6 08-1 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, for security requirement reasons. OWNER may establish an access procedure to facilitate CONTRACTOR's uninterrupted access to the Work for the purposes of completing and correcting all items on the Punchlist in an expeditious manner 6 09 FINAL PAYMENT Final 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 final payment; (c) CONTRACTOR delivers to OWNER a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days prior written notice has been given to OWNER, (d) CONTRACTOR delivers to OWNER a Consent of Surety, if any, to final payment, (e) CONTRACTOR delivers to OWNER a complete set of As-Built Drawings, reflecting all deviations from the Plans, Specifications and approved shop drawings in the Work actually constructed, and delivers all maintenance and operating manuals and/or instructions, 10-2012 00700-24 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (f) CONTRACTOR delivers to OWNER all building certificates required prior to occupancy and all other required inspections/approvals/acceptances by city, county, state governmental entities or other authorities having jurisdiction, (g) CONTRACTOR delivers to OWNER assignments of all guarantees and warranties from subcontractors,vendors, suppliers or manufacturers, as well as names, addresses and telephone numbers of contacts for each subcontractor,vendor, supplier or manufacturer; (h) CONTRACTOR removes all equipment,tools, temporary facilities, surplus materials and rubbish from the site, and final cleans the site to OWNER's satisfaction, (i) CONTRACTOR delivers to OWNER a Full and Final Release and Affidavit of Bills Paid in the form attached hereto as Attachment No 2, executed by CONTRACTOR, (j) CONTRACTOR delivers to OWNER all other documentation required to be submitted to OWNER pursuant to the Contract Documents, including but not limited to any special guarantees or warranties, operation and maintenance manuals, etc' in each case in a form satisfactory to OWNER as determined in OWNER's sole discretion, and (k) the Final Application for Payment has been approved by the ENGINEER and 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 612 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 CONTRACTOR will be allowed unless the CONTRACTOR has provided the required written notice (c)No contract adjustment will be allowed under this clause for any effects caused on unchanged work. 7 02 SUSPENSIONS OF WORK ORDERED BY THE ENGINEER. If the performance of all or any portion of the work is suspended by the ENGINEER in writing for seven (7) calendar days and the CONTRACTOR believes that additional compensation and/or contract time is due as a result of such suspension, the CONTRACTOR shall submit a written request for adjustment to the ENGINEER within seven (7) calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. (a) Upon receipt, the ENGINEER will evaluate the CONTRACTOR's request. If the ENGINEER agrees that the cost and/or time required for the performance of the contract 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 final compensation for the Extra Work and all costs and expenses, direct or indirect, arising out of or related thereto In the event said Extra Work or Change Order or Work Change Directive work is performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "Actual Field Cost" is hereby defined as the cost to the CONTRACTOR of all workers, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals of machinery and equipment, for the time actually employed or used on such Extra Work or Change Order or Work Change Directive work, plus actual transportation charges necessarily incurred together with all power, fuel, lubricants, water and similar operating expenses, plus all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation, and all other insurance as may be required by law or ordinance, or the Contract Documents, plus all payments to subcontractors for such work. The ENGINEER may direct the form in which accounts of the "Actual Field Cost" shall be kept and the records of these accounts shall be made available to the ENGINEER. The ENGINEER or OWNER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used, otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America where practicable The mark-up of the "Actual Field Cost" to be paid to the CONTRACTOR, shall cover and compensate him for his profit, overhead, and all other elements of cost and expense not embraced within the "Actual Field Cost" as herein defined, save that where the CONTRACTOR's field office must be maintained solely on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "Actual Field Cost." No claim for Extra Work of any kind will be allowed unless ordered by the ENGINEER in a written Work Order In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the Contract Time, he shall make written request to the ENGINEER for a written Work Order authorizing such Extra Work within ten (10) days of ENGINEER's orders or instructions, otherwise the orders or instructions will be considered minor changes. The issuance 10-2012 00700-29 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT of a Work Order by the ENGINEER shall not constitute or be construed as an agreement or acknowledgement by the ENGINEER that the work which is the subject of the Work Order is Extra Work outside the scope of the Contract Work, but shall merely constitute a direction to the CONTRACTOR to perform the work, and the CONTRACTOR shall proceed with the work, and shall keep an accurate account of the "Actual Field Cost" thereof, as provided under Method (C) Upon completion of the alleged Extra Work, the CONTRACTOR shall promptly and within ten (10) days submit his claim to the ENGINEER by proper certification and attestation, on forms provided by the ENGINEER. The ENGINEER shall render a written decision on CONTRACTOR's claim within ten (10) days. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time, shall be final and conclusive and binding upon the parties. If the ENGINEER shall fail to respond in writing to CONTRACTOR's claim within thirty (30) days of the date of submission, or if CONTRACTOR.shall dispute or object to ENGINEER's decision on any claim, and CONTRACTOR fails to file a Request for Mediation of such claim in accordance with the provisions of Article 9 0, within sixty(60)days after the date of submission to the ENGINEER, or such longer period as the parties may agree to in writing, the CONTRACTOR shall lose and forfeit his right to make such claim for Extra Work at any later date, and all such claims held by the CONTRACTOR shall be deemed waived, forfeited and forever barred. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 7 07 TIME OF FILING CLAIMS Except as otherwise provided herein, all questions of dispute or adjustment shall be made within the Pro-Trak system and filed with the ENGINEER within three (3) days after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty (30) days to such written exceptions, and render his final decision in writing. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time, shall be final and conclusive and binding upon the parties. In case the CONTRACTOR should desire to appeal from the ENGINEER's decision, the CONTRACTOR may request a meeting between representatives of the OWNER and the CONTRACTOR for the purposes of appealing the ENGINEER's decision directly to the OWNER, such meeting to occur within ten (10) days after the date of the CONTRACTOR's request, or such longer period as may be agreed to by the parties in writing. If the CONTRACTOR shall still be aggrieved after a meeting with the OWNER and/or his representative, the CONTRACTOR shall have sixty (60) days after the date of the meeting, or such longer period as the parties may agree to in writing, to file a Request for Mediation of such claim in accordance with the provisions of Article 9 0 In the event the CONTRACTOR shall fail, for any reason,to timely file a Request for Mediation, the OWNER shall be released of any and all liability, and the CONTRACTOR's failure to timely file a Request for Mediation shall constitute a waiver, forfeit and final bar of all such claims held by the CONTRACTOR against the OWNER. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 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 case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall be credited with the difference In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by such CONTRACTOR, then the CONTRACTOR and/or his surety shall promptly pay the amount of such excess to the OWNER upon demand, or 10-2012 00700-31 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (b) The OWNER, under sealed bids, under the times and procedures provided for by law, may let the contract for completion of the Work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the OWNER under the completion contract, as compared to what would have been the cost under this Contract, such increase shall be charged to the CONTRACTOR, and the amount of such increase may be deducted by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR, or the CONTRACTOR and/or his surety shall promptly pay the amount of such increase to the OWNER upon demand. However, should the cost to complete any such completion contract prove to be less than what would have been the cost to complete under this Contract,the CONTRACTOR and/or his surety shall be credited therewith. In the event of a default by CONTRACTOR, no further payments shall be made to CONTRACTOR under the Contract until the Work is Finally Completed. When the Work shall have been Finally Completed, the CONTRACTOR and his surety shall be so notified. A complete itemized statement of the Contract accounts, certified by the ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his surety, whereupon the CONTRACTOR and/or his surety shall pay the balance due as reflected by said statement. The OWNER, prior to incurring an obligation to make payment hereunder, shall have such statement of completion attested to by the CONTRACTOR and the surety as accurate, and in exchange for payment of the sum stated therein, the OWNER shall be entitled to a full and final release of any claims or demands by the CONTRACTOR or the surety 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 CONTRACTOR to carry the whole Work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement, and shall present the same to the OWNER, and OWNER's payment of said sum to the CONTRACTOR, on or before thirty (30) days after OWNER's receipt of such statement, shall satisfy any and all rights, claims or causes of action of CONTRACTOR arising out of or related to such default by OWNER, and shall be CONTRACTOR's sole and exclusive remedy for such default. A disputed or unilateral claim by the Contractor cannot by itself constitute a default hereunder 9.0 DISPUTE RESOLUTION Any dispute or pending claim or dispute resolution process between OWNER and CONTRACTOR shall not excuse or relieve CONTRACTOR of its obligations under the Contract, and CONTRACTOR shall diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. All claims, disputes and other matters in question arising out of or relating to, the Contract, or the breach thereof, shall be subject to mediation as a condition precedent to any other dispute resolution process as may be selected by OWNER. Unless mutually agreed otherwise the mediation shall be conducted by a third party who will be selected by agreement between OWNER and CONTRACTOR, and Request for Mediation shall be filed with the other party The parties shall share the mediator's fee and any filing fees equally If a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the work of a subcontractor or supplier, OWNER or CONTRACTOR may join such subcontractor or supplier as a party to any mediation proceeding between OWNER and CONTRACTOR hereunder CONTRACTOR shall include in all subcontracts and/or purchase orders related to the Work a specific provision whereby the subcontractor or supplier consents to being joined in mediation between OWNER and CONTRACTOR involving the work of such subcontractor or supplier This Contract shall be governed by the laws of the State of Texas and shall be considered 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. (a) a certificate of coverage, prior to the other person beginning work on the Project; and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (5) retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; (6) notify the OWNER in writing by certified mail or personal delivery,within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and (7) contractually require each person with whom it contracts,to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person 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 Trails Phase Two McLean Rd. to Magnolia St. (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 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 Pearland, its successors and assigns, and the Engineer, (b) any officers, employees, or agents of such persons or entities, and (c) others as required by the Contract Documents, if any 1.2 Contractor "Contractor" shall mean the vendor providing the service or work to be performed under this Agreement. 1.3 Subcontractor "Subcontractor" shall include subcontractors of any tier 1 4 ISO "ISO"means Insurance Services Office 2 Contractor Insurance Representations to Owner Parties 2.1 It is expressly understood and agreed that the insurance coverages required herein. 2.1 1 represent Owner Parties' minimum requirements and are not to be construed to void or limit the Contractor's indemnity obligations as contained in this Agreement nor represent in any manner a determination of the insurance coverages the Contractor should or should not maintain for its own protection, and 2 1.2 are being, or have been, obtained by the Contractor in support of the Contractor's liability and indemnity obligations under this Agreement. Neither the requirements as to insurance to be carried as provided for herein, the insolvency, bankruptcy or failure of any insurance company carrying insurance of the Contractor, nor the failure of any insurance company to pay claims accruing, shall be held to affect, negate or waive any of the provisions of this Agreement. 2.2 Failure to obtain and maintain the required insurance shall constitute a material breach of, and default under, this Agreement. If the Contractor shall fail to remedy such breach within five (5) business days after notice by the Owner, the Contractor will be liable for any and all costs, liabilities, damages and penalties resulting to the Owner Parties from such breach, unless a written waiver of the specific insurance requirement(s) is provided to the Contractor by the Owner In the event of any failure by the Contractor to comply with the provisions of this Agreement, the Owner may, without in any way compromising or waiving any right or remedy at law or in equity, on notice to the Contractor, purchase such insurance, at the Contractor's expense, provided that the Owner shall have no obligation to do so and if the Owner shall do so, the Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. 10-2012 00700-Cl CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3 Conditions Affecting All Insurance Required Herein 3 1 Cost of Insurance All insurance coverage shall be provided at the Contractor's sole expense. 3.2 Status and Rating of Insurance Company All insurance coverage shall be written through insurance companies authorized to do business in the state in which the work is to be performed and rated no less than A- VII in the most current edition of A. M. Best's Key Rating Guide. 3.3 Restrictive, Limiting, or Exclusionary Endorsements. All insurance coverage shall be provided to the Owner Parties in compliance with the requirements herein and shall contain no endorsements that restrict, limit, or exclude coverage required herein in any manner without the prior express written approval of the Owner 3 4 Limits of Liability The limits of liability may be provided by a single policy of insurance or by a combination of primary and umbrella policies, but in no event shall the total limits of liability available for any one occurrence or accident be less than the amount required herein. 3.5 Notice of Cancellation, Nonrenewal, or Material Reduction in Coverage All insurance coverage shall contain the following express provision. In the event of cancellation, non-renewal, or material reduction in coverage affecting the certificate holder, thirty (30) days prior written notice shall be given to the certificate holder by certified mail or registered mail, return receipt requested. 3 6 Waiver of Subrogation. The Contractor hereby agrees to waive its rights of recovery from the Owner Parties with regard to all causes of property and/or liability loss and shall cause a waiver of subrogation endorsement to be provided in favor of the Owner Parties on all insurance coverage carried by the Contractor, whether required herein or not. 3 7 Deductible/Retention. Except as otherwise specified herein, no insurance required herein shall contain a deductible or self-insured retention in excess of $25,000 without prior written approval of the Owner All deductibles and/or retentions shall be paid by, assumed by, for the account of, and at the Contractor's sole risk. The Contractor shall not be reimbursed for same 4 Maintenance of Insurance The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required. 10-2012 00700-C2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 $1,000,000 General Aggregate Limit $2,000,000 Product-Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 4 1 4 Required Endorsements a. Additional Insured. Additional insured status shall be provided in favor of the Owner Parties on any of the following. i. ISO form CG 20 10 11 85, or ii ISO form CG 20 26 11 85, or iii. a combination of ISO forms CG 20 33 10 01 and CG 20 37 10 01, or iv any form providing equivalent protection to Owner b Designated Construction Project(s) Aggregate Limit. The aggregate limit shall apply separately to this Agreement through use of an ISO CG 25 03 03 97 endorsement or its equivalent. c. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above d. Personal Injury Liability The personal injury contractual liability exclusion shall be deleted. e. Primary and Non-Contributing Liability It is the intent of the parties to this Agreement that all insurance required herein shall be primary to all insurance available to the Owner Parties. The obligations of the Contractor's insurance shall not be affected by any other insurance available to the Owner Parties and shall seek no contribution from the Owner Parties' insurance, whether primary, excess contingent, or on any other basis. The Contractor's insurance coverage shall be endorsed to provide such primary and non- contributing liability f. Waiver of Subrogation, as required in 3 6, above 10-2012 00700-C3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4 1 5 Continuing Commercial General Liability Insurance The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to Owner stating Work completion date 4.2 Auto Liability Insurance 4.2 1 Coverage Such insurance shall cover liability arising out of any auto (including owned,hired, and non-owned) 4.2.2 Form. Business Auto form (at least as broad as an unmodified ISO CA 0001 or its equivalent). 4.2.3 Amount of Insurance Coverage shall be provided with a limit of not less than$1,000,000 4.2 4 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above b Waiver of Subrogation, as required in 3 6, above 4.3 Employer's Liability Insurance 4.3 1 Coverage Employer's Liability Insurance shall be provided as follows 4.3.2 Amount of Insurance Coverage shall be provided with a limit of not less than Employer's Liability $1,000,000 each accident and each disease 4.3.3 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above b Waiver of Subrogation, as required in 3 6, above 4 4 Umbrella Liability Insurance 4 4 1 Coverage Such insurance shall be excess over and be no less broad than all coverages described above and shall include a drop-down provision for exhaustion of underlying limits. 4 4.2 Form. This policy shall have the same inception and expiration dates as the commercial general liability insurance required above 10-2012 00700-C4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4 4 3 Amount of Insurance Coverage shall be provided with a limit of not less 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 a. all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes and wiring, excavations, grading, backfilling or filling; b all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) located at the site, c all property including materials and supplies on site for installation, d. all property including materials and supplies at other locations but intended for use at the site, e all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and f. other Work at the site identified in the Agreement to which this Exhibit is attached. Form a. Coverage shall be at least as broad as an unmodified ISO Special form, shall be provided on a completed-value basis, and shall be primary to any other coverage insurance available to the insured parties, with that other insurance being excess, secondary and non- contributing. b No protective safeguard warranty shall be permitted. c Required coverage shall further include i. Additional expenses due to delay in $ TBD completion of project(where applicable) ii Agreed value Included without sublimit in. Damage arising from error, omission or Included without sublimit deficiency in construction methods, design, specifications, workmanship or materials, including collapse iv Debris removal additional limit 25%of direct damage loss v Earthquake (where applicable) $ TBD vi. Earthquake sprinkler leakage (where $ TBD applicable) vii. Expediting expenses $ TBD viii Flood (where applicable) $ TBD ix. Freezing Included without sublimit x. Mechanical breakdown, including hot& Included without sublimit cold testing(where applicable) xi. Notice of cancellation, non-renewal or Included 10-2012 00700-C6 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT material reduction—60 days prior written notice to each insured xii. Occupancy clause, as required in F, Included below xiii. Ordinance or law Included without sublimit xiv Pollutant clean-up and removal $TBD xv Preservation of property Included without sublimit xvi. Replacement cost Included xvii. Theft Included without sublimit xviii Waiver of subrogation as required in G, Included below 4 6.3 Amount of Insurance Coverage shall be provided in an amount equal at all times to the full replacement value and cost of debris removal for any single occurrence. 4 6 4 Deductibles. Deductibles shall not exceed the following: a. All Risks of Direct Damage, Per $5,000 Occurrence, except b Delayed Opening Waiting Period 5 Days c. Flood, Per Occurrence $25,000 or excess of NFIP if in Flood Zone A, BorV d. Earthquake and Earthquake Sprinkler $25,000 Leakage, Per Occurrence 4 6.5 Termination of Coverage The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed so long as such occupancy does not exceed 20% of the usable area of the property This insurance shall be maintained in effect, unless otherwise provided for in the Contract Documents, until the earliest of the following dates a. the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated, b the date on which final payment, as provided for in the Agreement to which this Exhibit is attached, has been made; or c the date on which the insurable interests in the Covered Property of all insureds other than Contractor have ceased. 10-2012 00700-C7 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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-C 10 A�® CERTIFICATE OF LIABILITY INSURANCE D10/6/2017Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS TTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ..SLOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jenna Daniels NAME: Southern American Insurance Agency PHONE Extj: (281)890-9294 J FAx 11 No): (281)890-2229 EMAIL •ennad@ southernamericanins corn ADDRE SS. 13823 Schmidt Road _ INSURER(S)AFFORDING COVERAGE N_AIC#_ Cypress - TX 77429 INSURERA:United Fire & Casualty Company 13021 INSURED INSURER B Texas Mutual Insurance Co j22945 Tandem Services LLC INSURER C 4425 FM 2351 Rd INSURER D Suite 5 INSURER E Friendswood TX 77546 INSURER F. COVERAGES CERTIFICATE NUMBER:17-18 Master $5M Umb REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AINSD'SuBRT WVD I POLICY NUMBER POLICY EFF l POLICY EXP T LIMITS (MM/DD/YYYY) (MM/DD/YYYY)I X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ' , DAMAGE TO RENTED A CLAIMS-MADE I_X OCCUR PREMISES(Ea occurrencel $ 50,000 85322223 5/28/2017 5/28/2018 MED EXP(Any one person) $ 5,000 1 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY X jE a LOC I PRODUCTS COMP/OP AGG $ 2,000,000 OTHER. $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 _ A (Ea accident) % X I ANY AUTO I BODILY INJURY(Per person) $ - - ALL OWNED SCHEDULED f AUTOS AUTOS 85322223 5/28/2017 5/26/2018 BODILY INJURY(Per accident) $ HIRED AUTOS OWNED PROPERTY DAMAGE $ i__ AUTOS (Per accident) Uninsured motorist combined $ 1,000,000 X UMBRELLA LIAB I OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB i CLAIMS-MADE AGGREGATE $ DED I RETENTION$ 60491831 5/28/2018 5/28/2019 $ WORKERS COMPENSATION PER OTH- L AND EMPLOYERS'LIABILITY Y/NANy X STATUTE_ _ ER ANFICER/MEMBER PRIETOOREXRLUDED ECUTIVE r -1 N/A E.L EACH ACCIDENT I $ _1,0_00,000 B (Mandatory in NH) 0001270266 15/28/2017 5/28/2018 E.L DISEASE EA EMPLOYEE $ 1,000,000 If yes,describe under li DESCRIPTION OF OPERATIONS below E.L.DISEASE POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re Bid No 0717-50; COP PN P50072 Trails Phase Two, McLean Rd to Magolia St See Attached CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Pearland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3519 Liberty Drive ACCORDANCE WITH THE POLICY PROVISIONS. Pearland, TX 77581 AUTHORIZED REPRESENTATIVE S American Ins Agcy G_ %G- ?oGfz� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) COMMENTS/REMARKS r City of Pearland, its successors and assigns, and the Engineer, any officers, employees, or agents of such persons or entities, and others as required in the contract documents, are included as Additional Insured on Auto, Umbrella, and General Liability for Ongoing and Completed Operations on a Primary and Non-Contributory basis, where required by written contract Waiver of Subrogation applies in favor of City of Pearland, its successors and assigns, and the Engineer, any officers, employees, or agents of such persons or entities, and others as required in the contract documents, on General Liability, Auto, Workers Compensation and Umbrella policies, where required by written contract 30 Day Notice of Cancellation, except 10 Days for Non-Payment OFREMARK COPYRIGHT 2000, AMS SERVICES INC CG 72 08 02 15 TEXAS - EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT SUMMARY OF COVERAGES This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary * Extended Property Damage * Expanded Fire Legal Liability to include Explosion, Lightning and Sprinkler Leakage * Coverage for non - owned watercraft is extended to 51 feet in length * Property Damage - Borrowed Equipment * Property Damage Liability - Elevators *Coverage D -Voluntary Property Damage Coverage $5,000 Occurrence with a $10,000 Aggregate * Coverage E - Care, Custody and Control Property Damage Coverage $25,000 Occurrence with a $100,000 Aggregate - $500 Deductible * Coverage F - Electronic Data Liability Coverage - $50,000 * Coverage G - Product Recall Expense $25 000 Each Recall Limit with a $50,000 Aggregate - $1,000 Deductible * Coverage H -Water Damage Legal Liability - $25,000 * Coverage I - Designated Operations Covered by a Consolidated (Wrap-Up) Insurance Program - Limited Coverage * Increase in Supplementary Payments. Bail Bonds to $1,000 * Increase in Supplementary Payments Loss of Earnings to $500 * For newly formed or acquired organizations -extend the reporting requirement to 180 days * Broadened Named Insured * Automatic Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required in Construction Agreement With You * Contractors Blanket Additional Insured - Limited Products - Completed Operations Coverage * Automatic Additional Insured -Vendors * Automatic Additional Insured - Lessor of Leased Equipment Automatic Status When Required in Lease Agreement With You * Automatic Additional Insured - Managers or Lessor of Premises * Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured * Additional Insured - State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations * Additional Insured - Consolidated Insurance Program (Wrap-Up) Off-Premises Operations Only - Owners, Lessees or Contractors Automatic Status When Required in Construction Agreement With You *Additional Insured - Employee Injury to Another Employee * Automatically included -Aggregate Limits of Insurance (per location) * Automatically included -Aggregate Limits of Insurance (per project) * Knowledge of occurrence - Knowledge of an "occurrence", claim or suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. * Blanket Waiver of Subrogation * Liberalization Condition * Unintentional failure to disclose all hazards. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. * 'Insured Contract" redefined for Limited Railroad Contractual Liability * Mobile equipment to include snow removal road maintenance and street cleaning equipment less than 1,000 lbs GVW * Bodily Injury Redefined REFER TO THE ACTUAL ENDORSEMENT FOLLOWING ON PAGES 2 THROUGH 14 FOR CHANGES AFFECTING YOUR INSURANCE PROTECTION CG 72 08 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 14 PDF processed with CutePDF evaluation edition www.CutePDF.com CG 72 08 02 15 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY TEXAS - EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I - COVERAGES A. The following changes are made at COVERAGE A- BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1 Extended Property Damage At 2. Exclusions exclusion a. Expected or Intended Injury is replaced with the following '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 2. Expanded Fire Legal Liability At 2. Exclusions the last paragraph is deleted and replaced by the following Exclusions c. through n. do not apply to damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of this owner A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE 3. Non-Owned Watercraft At 2. Exclusions exclusion g. Aircraft, Auto Or Watercraft (2) (a) is deleted and replaced by the following: (a) Less than 51 feet long. 4. Property Damage —Borrowed Equipment At 2. Exclusions the following is added to paragraph (4) of exclusion j. Damage To Property This exclusion does not apply to "property damage" to borrowed equipment while at a jobsite and while not being used to perform operations. The most we will pay for "property damage" to any one piece of borrowed equipment under this coverage is $25 000 per occurrence The insurance afforded under this provision is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess. contingent or on any other basis. 5. Property Damage Liability — Elevators At 2. Exclusions the following is added to paragraphs (3), (4) and (6) of exclusion j. Damage To Property This exclusion does not apply to 'property damage" resulting from the use of elevators. However, any insurance provided for such 'property damage" is excess over any valid and collectible property insurance (including deductible) available to the insured whether primary, excess, contingent or on any other basis. B. The following coverages are added: 1 COVERAGE D -VOLUNTARY PROPERTY DAMAGE COVERAGE "Property damage" to property of others caused by the insured a. While in your possession, or b. Arising out of"your work" Coverage applies at the request of the insured, whether or not the insured is legally obligated to pay For the purposes of this Voluntary Property Damage Coverage only. Exclusion j. Damage to Property is deleted and replaced by the following CG 72 08 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 14 CG 72 08 02 15 j. Damage to Property "Property damage" to (1) Property held by the insured for servicing, repair storage or sale at premises you own, rent. lease operate or use, (2) Property transported by or damage caused by any "automobile", "watercraft" or "aircraft" you own hire or lease, (3) Property you own, rent, lease, borrow or use The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for this coverage. 2. COVERAGE E -CARE, CUSTODY AND CONTROL PROPERTY DAMAGE COVERAGE For the purpose of this Care, Custody and Control Property Damage Coverage only. a. Item (4) of Exclusion j. does not apply The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for this coverage. 3. COVERAGE F - ELECTRONIC DATA LIABILITY COVERAGE For the purposes of this Electronic Data Liability Coverage only. a. Exclusion p. of Coverage A — Bodily Injury And Property Damage Liability in Section I — Coverages is replaced by the following 2. Exclusions This insurance does not apply to p. Electronic Data Damages arising out of the loss of, loss 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, this exclusion does not apply to liability for damages because of"bodily injury" b. "Property Damage" means. (1) Physical injury to tangible property, including all resulting loss of use of that property All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or (2) Loss of use of tangible property that is not physically injured All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or (3) 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 All such loss of"electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this Electronic Data Liability Coverage, electronic data" is not tangible property The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE 4. COVERAGE G - PRODUCT RECALL EXPENSE a. Insuring Agreement (1) We will pay 90% of"product recall expense" you incur as a result of a "product recall" you initiate during the coverage period. (2) We will only pay for "product recall expense" arising out of "your products" which have been physically relinquished to others. The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE CG 72 08 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 14 CG 72 08 02 15 b. Exclusions This insurance does not apply to "product recall expense" arising out of. (1) Any fact, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reasonably have foreseen that would have resulted in a "product recall" (2) Deterioration, decomposition or transformation of a chemical nature. except if caused by an error in the manufacture design, processing, storage, or transportation of"your product" (3) The withdrawal of similar products or batches that are not defective, when a defect in another product or batch has been found. (4) Acts, errors or omissions of any of your employees, done with prior knowledge of any of your officers or directors. (5) Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged. (6) "Bodily Injury" or"Property Damage" (7) Failure of"your product" to accomplish its intended purpose, including any breach of warranty of fitness, quality, efficacy or efficiency, whether written or implied (8) Loss of reputation, customer faith or approval, or any costs incurred to regain customer market, or any other consequential damages. (9) Legal fees or expenses. (10) Damages claimed for any loss, cost or expense incurred by you or others for the loss of use of "your product" (11) 'Product recall expense" arising from the "product recall" of any of 'your products" for which coverage is excluded by endorsement. (12) Any "product recall" initiated due to the expiration of the designated shelf life of"your product" 5. COVERAGE H -WATER DAMAGE LEGAL LIABILITY The Insurance provided under Coverage H (Section I) applies to "property damage" arising out of water damage to premises that are both rented to and occupied by you The Limit under this coverage shall not be in addition to the Damage To Premises Rented To You Limit. The amount we will pay is limited as described below in SECTION III -LIMITS OF INSURANCE. 6. COVERAGE I — DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM The following exclusion is added to Paragraph 2. Exclusions of SECTION I — COVERAGES COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY r This insurance does not apply to "bodily injury" or "property damage" arising out of either your ongoing operations or operations included within the "products-completed operations hazard" for any "consolidated (Wrap-up) insurance program" which has been provided by the prime contractor 1 project manager or owner of the construction project in which you are involved This exclusion applies whether or not a consolidated (Wrap-up) insurance program a. Provides coverage identical to that provided by this Coverage Part; or b. Has limits adequate to cover all claims. This exclusion does not apply if a consolidated (Wrap-up) insurance program" covering your operations has been cancelled, non-renewed or otherwise no longer applies for reasons other than exhaustion of all available limits whether such limits are available on a primary, excess or on any other basis. You must advise us of such cancellation, nonrenewal or termination as soon as practicable. For purposes of this exciusion a "consolidated (wrap-up) insurance program" is a program providing insurance coverage to all parties for exposures involved with a particular (typically major) construction project. CG 72 08 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 4 of 14 CG 72 08 02 15 C SUPPLEMENTARY PAYMENTS -COVERAGES A AND B is amended 1 To read SUPPLEMENTARY PAYMENTS 2. Bail Bonds Item 1.b. is amended as follows. b. Up to $1 000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3. Loss of Earnings Item 1.d. is amended as follows d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit" including actual loss of earnings up to $500 a day because of time off from work. 4. The following language is added to Item 1 However, we shall have none of the duties set forth above when this insurance applies only for Voluntary Property Damage Coverage and/or Care, Custody or Control Property Damage Coverage and we have paid the Limit of Liability or the Aggregate Limit for these coverages. SECTION II - WHO IS AN INSURED A. The following change is made. Extended Reporting Requirements Item 3.a. is deleted and replaced by the following a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier B. The following provisions are added 4. BROAD FORM NAMED INSURED Item 1.f is added as follows: f Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period only if there is no other similar insurance available to that entity However (1) Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired more than 50 percent of the voting stock; and (2) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired more than 50 percent of the voting stock. 5. Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required in Construction or Service Agreement With You a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy is an insured Such person or organization is an additional insured only with respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of. 1 Your acts or omissions, or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured However, the insurance afforded to such additional insured 1 Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply. This insurance does not apply to CG 72 08 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 5 of 14 CG 72 08 02 15 1 "Bodily injury', "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render, any professional architectural, engineering or surveying services, including a. The preparing, approving, or failing to prepare or approve, maps. shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications, or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision. hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. 2. "Bodily injury" or"property damage" occurring after a. All work. including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 6. Additional Insured — Limited Products Completed Operations Coverage a. Any person(s) or organization(s) but only with respect to your liability for "bodily injury" or "property damage" which may be imputed to that person(s) or organization(s) directly arising out of 'your work" performed for that additional insured and included in the "products-completed operations hazard" is an insured. However (1) The insurance afforded to such additional insureds only applies to the extent permitted by law. (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. (3) Coverage will cease five years from the completion of 'your work" if' (a) a timeframe is not stipulated in the written contract or written agreement; or (b) a timeframe longer than 5 years is stipulated in the written contract or written agreement. However if a lesser timeframe is stipulated in the written contract or written agreement then that time frame will prevail. b. With respect to the insurance afforded to any additional insured under this endorsement, the following additional exclusionary language shall apply This insurance does not apply to "bodily injury" or "property damage" arising out of the rendering of, or the failure to render any professional architecture, 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, or (2) Supervisory, inspection, architectural or engineering activities. 7 Additional Insured -Vendors a. Any person(s) or organization(s) (referred to throughout this additional coverage as vendor), but only with respect to "bodily injury" or "property damage", which may be imputed to that person(s) or organization(s) arising out of "your products" shown with the Schedule which are distributed or sold in the regular course of the vendor's business is an insured. However (1) The insurance afforded to such vendor only applies to the extent permitted by law' and (2) If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor CG 72 08 02 15 Includes copyrighted material of Insurance Services Office. Inc., with its permission Page 6 of 14 CG 72 08 02 15 b. With respect to the insurance afforded to these vendors, the following additional exclusions apply. (1) This insurance afforded the vendor does not apply to (a) "Bodily injury" or 'property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement: (b) Any express warranty unauthorized by you, (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of products. (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product. (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf However, this exclusion does not apply to i. The exceptions contained in Sub-paragraphs d. or f, or ii. Such inspections adjustments. tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 8. Additional Insured — Lessor of Leased Equipment — Automatic Status When Required in Lease Agreement With You a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy Such person(s) or organization(s) is an insured only with respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" directly arising out of the maintenance, operation or use of equipment leased to you, which may be imputed to such person or organization as the lessor of equipment. However, the insurance afforded to such additional insured (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 9 Additional Insured —Managers or Lessors of Premises a. Any person(s) or organization(s), but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions CG 72 08 02 15 Includes copyrighted material of Insurance Services Office. Inc, with its permission. Page 7 of 14 CG 72 08 02 15 This insurance does not apply to (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) afforded coverage by this additional coverage However (1) The insurance afforded to such additional insured only applies to the extent permitted by law. and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured 10. Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured a. Any architects, engineers or surveyors who are not engaged by you are insureds, but only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" which may be imputed to that architect. engineer or surveyor arising out of. (1) Your acts or omissions, or (2) Your acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf But only if such architects, engineers or surveyors, while not engaged by you, are contractually required to be added as an additional insured to your policy However, the insurance afforded to such additional insured (1) Only applies to the extent permitted by law. and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies. This insurance does not apply to "bodily injury" "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services, including. (1) The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. 11 Additional Insured - State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations Any state or governmental agency or subdivision or political subdivision is an insured subject to the following provisions. a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured CG 72 08 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 14 CG 72 08 02 15 b. This insurance does not apply to (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality- or (2) "Bodily injury" or"property damage" included within the "products-completed operations hazard" 12. Additional Insured Consolidated Insurance Program (Wrap-Up) Off-Premises Operations Only - Owners, Lessees or Contractors a. Any persons or organizations for whom you are performing operations, for which you have elected to seek coverage under a Consolidated Insurance Program, when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy is an insured. Such person or organization is an additional insured only with respect to your liability which may be imputed to that person or organization directly arising out of your ongoing operations performed for that person or organization at a premises other than any project or location that is designated as covered under a Consolidated Insurance Program. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies. This insurance does not apply to "Bodily injury", 'property damage", or 'personal and advertising injury" arising out of the rendering of, or 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 13. Additional Insured -Employee Injury to Another Employee With respect to your "employees who occupy positions which are supervisory in nature. Paragraph 2.a.(1) of SECTION II —WHO IS A NAMED INSURED is amended to read a. "Bodily injury" or"personal and advertising injury" (1) To you, to your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company), (2) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph (1)(a) above, or (3) Arising out of his or her providing or failing to provide professional healthcare services. Paragraph 3.a. is deleted. For the purpose of this Item 13 only a position is deemed to be supervisory in nature if that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, direct, discipline or discharge SECTION III - LIMITS OF INSURANCE A. The following Items are deleted and replaced by the following 2. The General Aggregate Limit is the most we will pay for the sum of. a. Medical expenses under Coverage C, b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" and c. Damages under Coverage B, and d. Damages under Coverage H. CG 72 08 02 15 Includes copyrighted material of Insurance Services Office Inc., with its permission. Page 9 of 14 CG 72 08 02 15 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" and Coverage G. 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire explosion, lightning, smoke resulting from such fire explosion or lightning or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner B. The following are added 8. Subject to Paragraph 5. of SECTION III — LIMITS OF INSURANCE $25,000 is the most we will pay under Coverage H for Water Damage Legal Liability 9. Coverage G - Product Recall Expense Aggregate Limit $50,000 Each Product Recall Limit $25,000 a. The Aggregate Limit shown above is the most we will pay for the sum of all "product recall expense" you incur as a result of all "product recalls" you initiate during the endorsement period. b. The Each Product Recall Limit shown above is the most we will pay, subject to the Aggregate and $1,000 deductible, for "product recall expense" you incur for any one "product recall" you initiate during the endorsement period. We will only pay for the amount of Product Recall Expenses which are in excess of the deductible amount. The deductible applies separately to each Product Recall The limits of insurance will not be reduced by the amount of this deductible. We may, or will if required by law, pay all or any part of any deductible amount. Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. 10. Aggregate Limits of Insurance (Per Location) The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 11 Aggregate Limits of Insurance (Per Project) The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. 12. With respects to the insurance afforded to additional insureds afforded coverage by items 5 through 13 of SECTION II—WHO IS AN INSURED above, the following is added. The most we will pay on behalf of the additional insured is the amount of insurance. a. Required by the contract or agreement; b. Available under the applicable Limits of Insurance shown in the Declarations, Whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 13. Subject to 5. of SECTION III — LIMITS OF INSURANCE, a $5,000 "occurrence" limit and a $10,000 "aggregate" limit is the most we will pay under Coverage A for damages because of "property damage" covered under Coverage D -Voluntary Property Damage Coverage For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for this coverage. CG 72 08 02 15 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 10 of 14 CG 72 08 02 15 14 Subject to 5. of SECTION III — LIMITS OF INSURANCE, a $25,000 "occurrence" limit and a $100,000 "aggregate" limit is the most we will pay under Coverage E - Care, Custody and Control Coverage regardless of the number of. a. Insureds. b. Claims made or"suits" brought: or c. Persons or organizations making claims or bringing "suits" Deductible - Our obligation to pay damages on your behalf applies only to the amount of damages in excess of $500 This deductible applies to all damages because of "property damage" as the result of any one "occurrence" regardless of the number of persons or organizations who sustain damages because of that "occurrence" We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. As respects this coverage "Aggregate" is the maximum amount we will pay for all covered "occurrences" during one policy period. For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for this coverage. 15. Subject to 5. of SECTION III — LIMITS OF INSURANCE, the most we will pay for "property damage" under Coverage F - Electronic Data Liability Coverage for loss of electronic data" is $50,000 without regard to the number of occurrences SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS A. The following conditions are amended- 1 Knowledge of Occurrence a. Condition 2., Items a. and b are deleted and replaced by the following (1) Duties In The Event Of Occurrence, Offense, Claim Or Suit (a) You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. Knowledge of an "occurrence" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. To the extent possible, notice should include. i. How, when and where the "occurrence" took place, ii. The names and addresses of any injured persons and witnesses, and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense (b) If a claim is made or"suit" is brought against any insured, you must: i. Immediately record the specifics of the claim or"suit" and the date received, and ii. Notify us as soon as practicable. You must see to it that we receive written notice of the claim or"suit" as soon as practicable. Knowledge of a claim or "suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. 2. Where Broad Form Named Insured is added in SECTION II — WHO IS AN INSURED of this endorsement, Condition 4. Other Insurance b. Excess Insurance (1).(a) is replaced by the following (a) Any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to an insured solely by reason of ownership by you of more than 50 percent of the voting stock. and not withstanding any other language in any other policy This provision does not apply to a policy written to apply specifically in excess of this policy CG 72 08 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 11 of 14 CG 72 08 02 15 B. The following are added 1 Condition (5) of 2.c. (5) Upon our request, replace or repair the property covered under Voluntary Property Damage Coverage at your actual cost, excluding profit or overhead 10. Blanket Waiver Of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied by or rented or loaned to you, ongoing operations performed by you or on your behalf, done under a contract with that person or organization, 'your work" or 'your products" We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury' or 'property damage" occurs or the "personal injury" or ''advertising injury" offense is committed 11 Liberalization If a revision to this Coverage Part, which would provide more coverage with no additional premium becomes effective during the policy period in the state designated for the first Named Insured shown in the Declarations your policy will automatically provide this additional coverage on the effective date of the revision 12. Unintentional Failure to Disclose All Hazards Based on our reliance on your representations as to existing hazards if you unintentionally should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. 13. The following conditions are added in regard to Coverage G - Product Recall Expense In event of a "product recall", you must a. See to it that we are notified as soon as practicable of a "product recall" To the extent possible, notice should include how, when and where the "product recall" took place and estimated "product recall expense" b. Take all reasonable steps to minimize "product recall expense" This will not increase the limits of insurance. c. If requested, permit us to question you under oath at such times as may be reasonably required about any matter relating to this insurance or your claim. including your books and records. Your answers must be signed. d. Permit us to inspect and obtain other information proving the loss. You must send us a signed sworn statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. e. Cooperate with us in the investigation or settlement of any claim. f Assist us upon our request, in the enforcement of any rights against any person or organization which may be liable to you because of loss to which this insurance applies. g. Claims Handling (1) Within 15 days after we receive written notice of claim, we will (a) Acknowledge receipt of the claim. If we do not acknowledge receipt of the claim in writing we will keep a record of the date, method and content of the acknowledgment; (b) Begin any investigation of the claim, and (c) Request a signed, sworn proof of loss, specify the information you must provide and supply you with the necessary forms. We may request more information at a later date, if during the investigation of the claim such additional information is necessary (2) We will notify you in writing as to whether (a) The claim or part of the claim will be paid, (b) The claim or part of the claim has been denied, and inform you of the reasons for denial; (c) More information is necessary. or (d) We need additional time to reach a decision If we need additional time, we will inform you of the reasons for such need. CG 72 08 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 12 of 14 CG 72 08 02 15 (3) We will provide notification, as described in (2)(a) through (2)(d) above, within. (a) 15 business days after we receive the signed, sworn proof of loss and all information we requested, or (b) 30 days after we receive the signed, sworn proof of loss and all information we requested, if we have reason to believe the loss resulted from arson. If we have notified you that we need additional time to reach a decision, we must then either approve or deny the claim within 45 days of such notice. h. We will pay for covered loss or damage within 5 business days after (1) We have notified you that payment of the claim or part of the claim will be made and have reached agreement with you on the amount of loss or (2) An appraisal award has been made. However, if payment of the claim or part of the claim is conditioned on your compliance with any of the terms of this policy, we will make payment within 5 business days after the date you have complied with such terms. i. Catastrophe Claims If a claim results from a weather related catastrophe or a major natural disaster, the claim handling and claim payment deadlines described in a. and b. above are extended for an additional 15 days. Catastrophe or Major Natural Disaster means a weather related event which is. (1) Declared a disaster under the Texas Disaster Act of 1975, or (2) Determined to be a catastrophe by the State Board of Insurance. j. The term "business day", as used in this endorsement, means a day other than Saturday, Sunday or a holiday recognized by the state of Texas k. We will issue loss payment to the first Named Insured shown in the Declarations and any mortgagee or loss payee as designated. 14. Limited Railroad Contractual Liability The following conditions are applicable only to coverage afforded by reason of the redefining of an "insured contract" in the DEFINITIONS section of this endorsement: a. Railroad Protective Liability coverage provided by ISO form CG 0035 with minimum limits of $2,000 000 per occurrence and a $6,000,000 general aggregate limit must be in place for the entire duration of any project. b. Any amendment to the Other Insurance condition of form CG 0035 alters the primacy of the coverage or which impairs our right to contribution will rescind any coverage afforded by the redefined "insured contract" language. c. For the purposes of the Other Insurance condition of form CG 0035 you the named insured, will be deemed to be the designated contractor SECTION V - DEFINITIONS A. At item 12. Mobile Equipment the wording at f.(1) is deleted and replaced by the following: f.(1) Equipment designed primarily for (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning, except for such vehicles that have a gross vehicle weight less than 1,000 lbs which are not designed for highway use. B. Item 3. "bodily injury" is deleted and replaced with the following 3. "Bodily injury" means physical injury sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury sickness or disease C Item 9. "Insured Contract" c. is deleted and replaced with the following c. Any easement or license agreement; D. Item 9. "Insured Contract" f.(1) is deleted E. The following definitions are added for this endorsement only 23. "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 tape drives, cells, data processing devices or any other media which are used with electronically controlled equipment. CG 72 08 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 13 of 14 CG72080215 24 "Product recall" means a withdrawal or removal from the market of "your product' based on the determination by you or any regulatory or governmental agency that: a. The use or consumption of "your product' has caused or will cause actual or alleged "bodily injury" or "property damage and b. Such determination requires you to recover possession or control of "your product" from any distributor, purchaser or user to repair or replace "your product", but only if "your product" is unfit for use or consumption, or is hazardous as a result of- (1) An error or omission by an insured in the design manufacturing, processing, labeling storage or transportation of"your product"; or (2) Actual or alleged intentional, malicious or wrongful alteration or contamination of "your product" by someone other than you. 25. "Product recall expense" means reasonable and necessary expenses for a. Telephone, radio and television communication and printed advertisements, including stationery, envelopes and postage. b. Transporting recalled products from any purchaser, distributor or user, to locations designated by you. c. Remuneration paid to your employees for overtime as well as remuneration paid to additional employees or independent contractors you hire d. Transportation and accommodation expense incurred by your employees. e. Rental expense incurred for temporary locations used to store recalled products. f. Expense incurred to properly dispose of recalled products, including packaging that cannot be reused. g. Transportation expenses incurred to replace recalled products. h. Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to exceed your original cost of manufacturing, processing, acquisition and/or distribution. These expenses must be incurred as a result of a "product recall" CG 72 08 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 14 of 14 COMMERCIAL GENERAL LIABILITY CG20010413 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary* primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance, and CG 20 01 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY POLICY NUMBER. CG 02 05 12 04 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY TEXAS CHANGES - AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to SCHEDULE 1 Name: 2. Address 3. Number of days advance notice. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 02 05 12 04 0 ISO Properties Inc., 2003 Page 1 of 1 CA 71 09 01 06 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY BUSINESS AUTO ULTRA ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM COVERAGE INDEX Descriptio n Page TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE 1 BROAD FORM INSURED 1 EMPLOYEES AS INSUREDS 2 ADDITIONAL INSURED STATUS BY CONTRACT, AGREEMENT OR PERMIT 2 AMENDED FELLOW EMPLOYEE EXCLUSION 2 TOWING AND LABOR 2 PHYSICAL DAMAGE ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 3 EXTRA EXPENSE -THEFT 3 RENTAL REIMBURSEMENT AND ADDITIONAL TRANSPORTATION EXPENSE 3 PERSONAL EFFECTS COVERAGE 4 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 4 AIRBAG ACCIDENTAL DISCHARGE 4 AUTO LOAN/LEASE TOTAL LOSS PROTECTION ENDORSEMENT 4 GLASS REPAIR — DEDUCTIBLE AMENDMENT 5 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 5 WAIVER OF SUBROGATION REQUIRED BY CONTRACT 5 UNINTENTIONAL FAILURE TO DISCLOSE 5 HIRED, LEASED, RENTED OR BORROWED AUTO PHYSICAL DAMAGE 5 EXTENDED CANCELLATION CONDITION 6 The COVERAGE INDEX set forth above is informational only and grants no coverage Terms set forth in (Bold Italics) are likewise for information only and by themselves shall be deemed to grant no coverage. A. TEMPORARY SUBSTITUTE AUTO PHYSICAL B. BROADENED LIABILITY COVERAGES DAMAGE SECTION II — LIABILITY COVERAGE in Paragraph A. SECTION I—COVERED AUTOS paragraph C Certain Coverage at 1 Who Is An Insured is amended to Trailers, Mobile Equipment and Temporary include the following Substitute Autos is amended by adding the following at the end of the existing language (Broad Form Insured) If Physical Damage Coverage is provided under this d. Any legally incorporated subsidiary in which you Coverage form for an "auto" you own, the Physical own more than 50% of the voting stock on the Damage coverages provided for that owned auto are effective date of the Coverage Form. However, the extended to any "auto" you do not own while used with Named Insured does not include any subsidiary that the permission of its owner as a temporary substitute for is an "insured" under any other automobile policy or the covered auto you own that is out of service would be an 'insured" under such a policy but because of its breakdown, repair, servicing, "loss", or for its termination or the exhaustion of its Limit destruction. of Insurance. CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office Inc., with its permission Page 1 of 6 CA 71 09 01 06 e. Any organization that is acquired or formed by you C AMENDED FELLOW EMPLOYEE EXCLUSION during the term of this policy and over which you maintain majority ownership However the Named Only with respect to your "employees" who occupy Insured does not include any newly formed or positions which are supervisory in nature SECTION II. acquired organization LIABILITY B. Exclusion 5. Fellow Employee is (1) That is a joint venture or partnership, replaced by. 5. Fellow Employee (2) That is an 'insured" under any other policy 'Bodily Injury (3) That has exhausted its Limit of Insurance under any other policy or (a) To you, or your partners or members (if you are a partnership or joint venture), or to your (4) 180 days or more after its acquisition or members (if you are a limited liability formation by you, unless you have given us company), notice of the acquisition or formation Coverage does not apply to "bodily injury" or (b) To your executive officers" and directors (if you "property damage" that results from an accident that are other occurred before you formed or acquired the parr tnership,, j organization oint venture, or limmiteed liability than a company) but only with respect to organization. performance of their duties as your officers or directors, (Employee as Insureds) (c) For which there is an obligation to share f Any employee of yours while acting in the course of damages with or repay someone else who your business or your personal affairs while using a must pay damages because of the injury covered auto" you do not own, hire or borrow described in paragraph a and b above, or (Additional Insured Status by Contract, Agreement (d) Arising out of his or her providing or failing or Permit) to provide professional health care services. g. Any person or organization whom you are required For purposes of this endorsement, a position is deemed to add as an additional insured on this policy under to be supervisory in nature if that person performs a written contract or agreement; but the written principle work which is substantially different from that contract or agreement must be of his or her subordinates and has authority to hire, (1) Currently in effect or becoming effective during transfer direct, discipline or discharge. the term of this policy; and D BROADENED PHYSICAL DAMAGE COVERAGES (2) Executed prior to the "bodily injury" or 'property damage" SECTION III — PHYSICAL DAMAGE COVERAGE Coverage is amended as follows. The additional insured status will apply only with respect to your liability for 'bodily injury" or "property damage (TOWING AND LABOR) which may be imputed to that person(s) or 2. Towing and Labor organization(s) directly arising out of the ownership, maintenance or use of the covered autos at the We will pay towing and labor costs incurred, up to the location(s) designated, if any limits shown below each time a covered auto Coverage provided by this endorsement will not exceed classified and rated as a private passenger type "light the limits of liability required by the written contract or truck" or"medium truck" is disabled written agreement even if the limits of liability stated in the policy exceed those limits. This endorsement shall (a) For private passenger type vehicles or 'light ucks" we will not increase the limits stated in Section II. C. Limits of disablement. 'tight pay up to $75 d trucks" have a gross Insurance. vehicle weight (GVW) of 10,000 pounds or For any covered auto" you own this Coverage Form less. provides primary coverage CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 6 CA 71 09 01 06 (b) For "medium trucks" we will pay up to $150 (2) We will pay only for expenses incurred per disablement. 'Medium trucks" have a during the policy period and beginning 24 gross vehicle weight (GVW) of 10,001 lbs. hours after the "loss" and ending, regardless to 20,000 pounds. of the policy's expiration with the lesser of the following number of days. However, the labor must be performed at the place of (a) The number of days reasonably disablement. required to repair or replace the covered (PHYSICAL DAMAGE ADDITIONAL "auto" Ifo "loss is cadded y theft, this TRANSPORTATION EXPENSE COVERAGE) numberf das itf days is to the number of days it takes to locate the covered 4 Coverage Extensions "auto" and return it to you or (b) 30 days. a. Transportation Expense is amended to provide the following limits (3) Our payment is limited to the lesser of the following amounts We will pay up to $50 per day to a maximum of $1 000 All other terms and provisions of this (a) Necessary and actual expenses section remain applicable. incurred, or (EXTRA EXPENSE- THEFT) (b) $35 per day The following language is added to 4. Coverage (c) This coverage does not apply while Extensions. there are spare or reserve "autos" available to you for your operations. c. Theft Recovery Expense (d) If 'loss" results from the total theft of a If you have purchased Comprehensive covered auto" of the private passenger Coverage on an auto" that is stolen, we will pay or light truck type, we will pay under this the expense of returning that stolen auto to you coverage only that amount of your The limit for this coverage extension is $5,000 rental reimbursement expense which is not already provided for under the (RENTAL REIMBURSEMENT AND ADDITIONAL SECTION III — PHYSICAL DAMAGE TRANSPORTATION EXPENSE) COVERAGE, A. Coverage, 4. d. Rental Reimbursement Coverage Extensions, a. Transportation Expenses. We will provide Rental Reimbursement and (PERSONAL EFFECTS COVERAGE) Additional Expense coverage only for those Physical Damage coverages for which a e. Personal Effects premium is shown in the Declarations or If you have purchased Comprehensive schedule pages. Coverage applies only to a Coverage on this policy for an auto" you own covered "auto" of the private passenger or light and that "auto" is stolen, we will pay, without truck (10 000 lbs. or less gross vehicle weight) application of a deductible, up to $500 for type for which Physical Damage coverages Personal Effects stolen with the auto" The apply insurance provided under this provision is (1) We will pay for auto rental expense and the excess over any other collectible insurance. For expense incurred by you because of 'loss" this coverage extension, Personal Effects to remove and transfer your materials and means tangible property that is worn or carried equipment from a covered auto" to a by an "insured" Personal Effects does not covered auto" Payment applies in addition include tools, jewelry, guns musical to the otherwise applicable coverage you instruments, money or securities. have on a covered "auto" No deductible applies to this coverage. CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office Inc. with its permission Page 3 of 6 CA 71 09 01 06 (AUDIO, VISUAL AND DATA ELECTRONIC (4) With respect to this coverage, the most we EQUIPMENT COVERAGE) will pay for all "loss" of audio visual or data electronic equipment and any accessories (Deletion of Audio Visual Equipment Exclusion) used with this equipment as a result of any one accident' is the lesser of f. Audio, Visual and Data Electronic Equipment Coverage. (a) The actual cash value of the damaged or stolen property as of the time of the We will pay for 'loss" to any electronic 'loss" equipment that receives or transmits audio, (b) The cost of repairing or replacing the visual or data signals and that is not designed damaged or stolen property with other solely for the reproduction of sound This property of like kind and quality; or coverage applies only if the equipment is $1,000; permanently installed in a covered auto" at the time of the `loss" or the equipment is removable minus a deductible of$100 from a housing unit which is permanently An adjustment for depreciation and physical installed in a covered "auto" at the time of the "loss", and such equipment is designed to be condition will be made in determining actual solely operated by use of the power from the cash value at the time of loss. If a repair or "auto's" electrical system, in or upon the replacement results in better than like kind covered "auto or quality, we will not pay for the amount of the betterment. (1) We will pay with respect to a covered auto" If there is other coverage provided for audio for "loss to any accessories used with the visual and data electronic equipment, the electronic equipment described above. coverage provided herein is excess over any However, this does not include tapes, other collectible insurance. records or discs. (2) In addition to the exclusions that apply to (AIRBAG ACCIDENTAL DISCHARGE) Physical Damage Coverage with exception D. SECTION III — PHYSICAL DAMAGE COVERAGE, of the exclusion relating to audio, visual and B. Exclusions is amended as follows. data electronic equipment, the following exclusions also apply. The following language is added to Exclusion 3 (3) We will not pay for any electronic If you have purchased Comprehensive or Collision equipment or accessories used with such Coverage under this policy, this exclusion does not electronic equipment that are apply to mechanical breakdown relating to the (a) Necessary for the normal operation of accidental discharge of an air bag. This coverage applies only to a covered auto you own and is the covered "auto" for the monitoring of the covered auto's operating system, excess of any other collectible insurance or warranty or No deductible applies to this coverage (b) Both. E. AUTO LOAN/LEASE TOTAL LOSS PROTECTION An integral part of the same unit SECTION III — PHYSICAL DAMAGE COVERAGE — C. housing any sound reproducing Limit of Insurance is amended by adding the following equipment designed solely for the language reproducing of sound if the sound reproducing equipment is permanently 4. In the event of a total 'loss" to a covered "auto' installed in the covered "auto", and shown in the Schedule pages, subject at the time of the 'loss" to a loan or lease we will pay any unpaid Permanently installed in the opening of the dash or console normally used by amount due on the lease or loan for a covered the manufacturer for the installation of a auto" less. radio CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 6 CA 71 09 01 06 a. The amount paid under the Physical Damage (4) Your members, managers or insurance Coverage Section of the policy. and manager, if you are a limited liability b. Any' company; or (5) Your officials, trustees, board members or (1) Overdue lease / loan payments at the time insurance manager, if you are a of the "loss", not-for-profit organization. (2) Financial penalties imposed under a lease G. WAIVER OF SUBROGATION REQUIRED BY for excessive use, abnormal wear and tear CONTRACT or high mileage (3) Security deposits not returned by the lessor; Under SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions 5. Transfer (4) Costs for extended warranties, Credit Life of Rights of Recovery Against Others to Us Insurance, Health, Accident or Disability the following language is added: Insurance purchased with the loan or lease However, we waive any rights of recovery we may and have against the person or organization with whom (5) Carry-over balances from previous loans or you have agreed in writing in a contract, agreement leases. or permit, to provide insurance such as is afforded under the policy to which this endorsement is (GLASS REPAIR —DEDUCTIBLE AMENDMENT) attached This provision does not apply unless the written contract or written agreement has been Under D., Deductible is amended by adding the executed, or permit has been issued, prior to the following "bodily injury" or 'property damage Any deductible shown in the Declarations as H. UNINTENTIONAL FAILURE TO DISCLOSE applicable to the covered "auto" will not apply to glass breakage if the damaged glass is repaired Under SECTION IV — BUSINESS AUTO rather than replaced. CONDITIONS, Subsection B. General Conditions , F AMENDED DUTIES IN THE EVENT OF the following is added to 2. Concealment, ACCIDENT, CLAIM, SUIT OR LOSS Misrepresentation Or Fraud Your unintentional error in disclosing, or failing to Under SECTION IV— BUSINESS AUTO CONDITIONS, disclose, any material fact existing at the effective Subsection A., Loss Conditions , the following is date of this Coverage Form or during the policy added to paragraph 2. Duties In The Event of period in connection with any additional hazards, will Accident, Suit or Loss. not prejudice your rights under this Coverage Form I. HIRED, LEASED, RENTED OR BORROWED d. Knowledge of any "accident." "claim," "suit" or AUTO PHYSICAL DAMAGE "loss" will be deemed knowledge by you when notice of such 'accident," claim," "suit" or `loss" Under SECTION IV— BUSINESS AUTO CONDITIONS has been received by. B. General Conditions 5. Other Insurance (1) You if you are an individual: Paragraph 5.b. is replaced by the following: (2) Any partner or insurance manager if you are b. (1) For "Comprehensive" and "Collision" Auto a partnership, Physical Damage provided by this endorsement, the following are deemed to be covered "autos" (3) An executive officer or insurance manager, you own. if you are a corporation; (a) Any Covered auto" you lease, hire, rent or borrow; and CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc. with its permission Page 5 of 6 CA 71 09 01 06 (b) Any Covered auto" hired or rented by your (3) This Hired Auto Physical Damage coverage is employee" under a contract in that excess over any other collectible insurance. individual "employee's" name, with your permission, while performing duties related (4) Definitions For This Section to the conduct of your business. (a) Comprehensive Coverage from any cause However, any "auto" that is leased hired, rented or except the covered auto's" collision with borrowed with a driver is not a covered "auto" another object or the covered "auto's overturn. We will pay glass breakage, 'loss" (2) Limit of Insurance For This Section caused by hitting a bird or animal and "loss" caused by falling objects or missiles The most we will pay for any one 'loss" is the lesser of the following (b) Collision Coverage caused by the covered (a) $50,000 per accident, or auto's" collision with another object or by the covered auto's" overturn. (b) actual cash value at the time of loss, or J. EXTENDED CANCELLATION CONDITION (c) cost of repair A. Under CANCELLATION, of the COMMON POLICY CONDITIONS form, item 2.b is replaced by the minus a $500 deductible An adjustment for following depreciation and physical condition will be made in determining actual cash value in the event of b. 60 days before the effective date of cancellation a total loss No deductible applies to 'loss" if we cancel for any other reason caused by fire or lightning. CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc. with its permission Page 6 of 6 CA 73 34 09 15 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY PRIMARY AND NON-CONTRIBUTORY -OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM The following language replaces SECTION IV BUSINESS AUTO CONDITIONS Part B. General Conditions 5. Other Insurance c. c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Covered Autos Liability Coverage is primary for any liability assumed under an "insured contract" This coverage will also be non-contributory if it is required by the terms of the "insured contract" CA 73 34 09 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 POLICY NUMBER. COMMERCIAL AUTO CA 71 33 12 10 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless mod- ified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below Endorsement Effective Countersigned By Named Insured: (Authorized Representative) SCHEDULE Number of Days' Notice Name Of Person Or Organization Address If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of day's notice indi- cated in the Schedule. CA 71 33 12 10 © ISO Properties, Inc., 2003 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. TeXaSMutual® WORKERS' COMPENSATION INSURANCE WORKERS'COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Agent Copy 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 1 ( ) 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 OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 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. INCLUDED, SEE INFORMATION PAGE. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following 'attaching clause need be completed only when this endorsement is issued subsequent to preparation of the policy) This endorsement,effective on 05/28/2017 at 12:01 a.m.standard time,forms a part of: Policy No.0001270266 of Texas Mutual Insurance Company effective on 05/28/2017 Issued to: TANDEM SERVICES LLC ifiCA""e (te-- . Premium: $3 545 00 Authorized Representative NCCI Carrier Code 29939 05/30/2017 PO Box 12058 Austin,TX 78711-2058 1 of 1 texasmutual.com I(800)859-5995 I Fax(800)359-0650 WC 42 03 04 B 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 Not 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 ram 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 Not Required to provide either a Field Office or any internet access for this project. All other requirements remain and will be required per the section. It is the responsibility of the Contractor to coordinate with the Owner for all Traffic Control Documents Contractor to coordinate with the Owner for procurement of Traffic Control Documents prior to permitting. Contractor is to keep a minimum of one lane open at all times,in both directions. No lane closures to extend beyond the defined work day Contractor Will Not be required to provide an on-site construction office for the duration of this project. END OF SECTION 2-24-12 00800-2 of 2 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Section 00811 WAGE SCALE FOR ENGINEERING CONSTRUCTION 1 01 In accordance with the Prevailing Wage law on Public Works (Article 2258 of the Texas Government Code),the public body awarding the contract does hereby specify the rates shown in Table 00811-A following to be the general prevailing rates in the locality in which the work is being performed. 1 02 This prevailing wage rate does not prohibit the payment of more than the rates stated. 1 03 The wage scale for engineering construction is to be applied to all site work greater than five (5) feet from an exterior wall of new building under construction or from an exterior wall of an existing building. 10-2012 00811 - 1 of 1 General Decision Number TX170282 04/14/2017 TX282 Superseded General Decision Number TX20160282 State Texas Construction Type Building County Brazoria County in Texas BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) Note Under Executive Order (EO) 13658, an hourly minimum wage of $10 20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015 If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10 20 (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 2 01/27/2017 3 04/14/2017 ASBE0022-009 12/01/2016 Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR (Duct, Pipe and Mechanical System Insulation) $ 23 42 12 26 * BOIL0074-003 01/01/2017 Rates Fringes BOILERMAKER $ 28 00 22 35 CARP0551-009 04/01/2016 Rates Fringes CARPENTER (Excludes Drywall Hanging, Form Work, and Metal Stud Installation) $ 23 05 8 78 ELEC0716-005 08/29/2016 Rates Fringes ELECTRICIAN (Excludes Low Voltage Wiring and 00811-2 Installation of Alarms) $ 31 25 9 11 ELEV0031-003 01/01/2016 Rates Fringes ELEVATOR MECHANIC $ 39 24 29 985+a FOOTNOTES A 6% under 5 years based on regular hourly rate for all hours worked 8% over 5 years based on regular hourly rate for all hours worked B Holidays New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Friday after Thanksgiving Day; Christmas Day; and Veterans Day ENGI0450-002 04/01/2014 Rates Fringes POWER EQUIPMENT OPERATOR Cranes $ 34 85 9 85 IRON0084-011 06/01/2015 Rates Fringes IRONWORKER, ORNAMENTAL $ 23 02 6 35 IRON0135-002 12/01/2014 Rates Fringes IRONWORKER, STRUCTURAL $ 28 25 9 25 PLAS0079-004 01/01/2015 Rates Fringes PLASTERER $ 19 92 1 00 PLUM0068-002 10/01/2016 Rates Fringes PLUMBER $ 34 35 9 79 PLUM0211-010 10/01/2016 Rates Fringes PIPEFITTER (Including HVAC Pipe Installation) $ 33 53 11 11 SHEE0054-003 07/01/2014 Rates Fringes SHEET METAL WORKER (Excludes 00811-3 HVAC Duct and Unit Installation) $ 25 67 12 39 SUTX2014-008 07/21/2014 Rates Fringes ACOUSTICAL CEILING MECHANIC $ 16 41 3 98 BRICKLAYER $ 19 86 0 00 CAULKER $ 15 36 0 00 CEMENT MASON/CONCRETE FINISHER $ 13 33 0 00 DRYWALL FINISHER/TAPER $ 16 30 3 71 DRYWALL HANGER AND METAL STUD INSTALLER $ 17 45 3 96 ELECTRICIAN (Alarm Installation Only) $ 17 97 3 37 ELECTRICIAN (Low Voltage Wiring Only) $ 18 00 1 68 FLOOR LAYER Carpet $ 20 00 0 00 FORM WORKER $ 12 57 0 00 GLAZIER $ 19 12 4 41 INSULATOR - BATT $ 14 87 0 73 IRONWORKER, REINFORCING $ 12 10 0 00 LABORER Common or General $ 10 55 0 00 LABORER Mason Tender - Brick $ 13 37 0 00 LABORER Mason Tender - Cement/Concrete $ 10 86 0 00 LABORER Pipelayer $ 12 94 0 00 LABORER Roof Tearoff $ 11 28 0 00 LABORER Landscape and Irrigation $ 9 49 0 00 LATHER $ 19 73 0 00 OPERATOR Backhoe/Excavator/Trackhoe $ 15 56 0 00 OPERATOR Bobcat/Skid Steer/Skid Loader $ 13 93 0 00 OPERATOR Bulldozer $ 20 77 0 00 OPERATOR Drill $ 16 22 0 34 00811-4 OPERATOR Forklift $ 15 64 0 00 OPERATOR Grader/Blade $ 13 37 0 00 OPERATOR Loader $ 13 55 0 94 OPERATOR Mechanic $ 17 52 3 33 OPERATOR Paver (Asphalt, Aggregate, and Concrete) $ 16 03 0 00 OPERATOR Roller $ 16 00 0 00 PAINTER (Brush, Roller and Spray) , Excludes Drywall Finishing/Taping $ 16 77 4 51 ROOFER $ 15 40 0 00 SHEET METAL WORKER (HVAC Duct Installation Only) $ 20 05 4 19 SHEET METAL WORKER (HVAC Unit Installation Only) $ 19 67 2 24 SPRINKLER FITTER (Fire Sprinklers) $ 22 17 9 70 TILE FINISHER $ 12 00 0 00 TILE SETTER $ 16 17 0 00 TRUCK DRIVER 1/Single Axle Truck $ 14 95 5 23 TRUCK DRIVER Dump Truck $ 12 39 1 18 TRUCK DRIVER Flatbed Truck $ 19 65 8 57 TRUCK DRIVER Semi-Trailer Truck $ 12 50 0 00 TRUCK DRIVER Water Truck $ 12 00 4 11 WATERPROOFER $ 14 39 0 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 00811-5 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 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 00811-6 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, 1000 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 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 00811-7 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 00811-8 General Decision Number. TX170056 01/06/2017 TX56 Ciiperseded General Decision Number- TX20160056 state. Texas Construction Type Highway Counties Austin,Brazoria, Chambers, Fort Bend, Galveston, Hardin, Hams, Jefferson, Liberty, Montgomery, Orange, San Jacinto and Waller Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects& railroad construction, bascule, suspension& spandrel arch bridges designed for commercial navigation,bridges involving marine construction, and other major bridges). Note Under Executive Order(EO) 13658, an hourly minimum wage of$10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued)on or after January 1, 2015 If this contract is covered by the EO,the contractor must pay all workers in any classification listed on this wage determination at least$10.20 per hour(or the applicable ge rate listed on this wage determination, if it is higher) all hours spent performing on the contract in calendar year 2017 The EO minimum wage rate will be adjusted annually Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2017 * SUTX2011-013 08/10/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER(Paving and Structures). .$ 12.98 ELECTRICIAN .$ 27 11 FORM BUILDER/FORM SETTER Paving& Curb. .$ 12.34 Structures. .$ 12.23 LABORER Asphalt Raker .$ 12.36 file:///cca-1/ .nd%20Trail%20Connectivity%20Phase%202%20%20113-045/7 0-SPECS/7 1-FRONT%20END/TX56%20Wage%20Rates.txt[7/25/2017 2.36.18 PM] Flagger .$ 10.33 Laborer, Common. .$ 11 02 Laborer, Utility .$ 11 73 Pipelayer .$ 12.12 Work Zone Barricade Servicer .$ 11.67 PAINTER(Structures). .$ 18 62 POWER EQUIPMENT OPERATOR. Asphalt Distributor .$ 14 06 Asphalt Paving Machine. .$ 14.32 Broom or Sweeper .$ 12.68 Concrete Pavement Finishing Machine. .$ 13 07 Concrete Paving, Curing, Float, Texturing Machine. .$ 11 71 Concrete Saw .$ 13.99 Crane, Hydraulic 80 Tons or less. .$ 13.86 Crane, Lattice boom 80 tons or less. .$ 14.97 Crane, Lattice boom over 80 Tons. .$ 15.80 Crawler Tractor .$ 13 68 Excavator, 50,000 pounds or less. .$ 12.71 Excavator, Over 50,000 pounds. .$ 14.53 Foundation Drill, Crawler Mounted. .$ 17 43 Foundation Drill, Truck Mounted. .$ 15 89 Front End Loader 3 CY or Less. .$ 13.32 Front End Loader, Over 3 CY.$ 13 17 Loader/Backhoe .$ 14.29 Mechanic .$ 16 96 Milling Machine .$ 13.53 Motor Grader,Fine Grade .$ 15 69 Motor Grader,Rough. .$ 14.23 Off Road Hauler .$ 14 60 Pavement Marking Machine. .$ 11 18 Piledriver .$ 14 95 Roller,Asphalt. .$ 11.95 Roller, Other .$ 11.57 Scraper .$ 13 47 Spreader Box. .$ 13.58 Servicer .$ 13 97 el Worker Reinforcing Steel. .$ 15 15 Structural Steel Welder .$ 12.85 file:///cca-1/ .nd%20Trail%20Connectivity%20Phase%202%20%20113-045/7 0-SPECS/7 1-FRONT%20END/TX56%20Wage%20Rates.txt[7/25/2017 2.36.18 PM] Structural Steel. .$ 14.39 TRUCK DRIVER Low Boy Float. .$ 16 03 Single Axle. .$ 11 46 Single or Tandem Axle Dump..$ 11 48 Tandem Axle Tractor w/Semi Trailer .$ 12.27 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 ilting from, or to assist a family member(or person who is ._..e 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) on Rate Identifiers A four letter classification abbreviation identifier enclosed file:///cca-1/ .nd%20Trai1%20Connectivity%20Phase%202%20%20113-045/7 0-SPECS/7 1-FRONT%20END/TX56%20Wage%20Rates.txt[7/25/2017 2.36.18 PM] 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 rT UM0198-005 07/01/2014 PLUM is an abbreviation identifier of , 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 ;ulation of rates and are not majority rates. LA indicates ,..e 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 �---h year, to reflect a weighted average of the current ,otiated/CBA rate of the union locals from which the rate is based. file:///cca-1/ .nd%20Trai1%20Connectivity%20Phase%202%20%20113-045/7 0-SPECS/7 1-FRONT%20END/TX56%20Wage%20Rates.txt[7/25/2017 2.36.18 PM] 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 Avenue,N W Washington, DC 20210 The request should be accompanied by a full statement of the interested parry'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 p'view Board (formerly the Wage Appeals Board) Write to Administrative Review Board U.S. Department of Labor file:///cca-1/ .nd%20Trail%20Connectivity%20Phase%202%20%20113-045/7 0-SPECS/7 1-FRONT%20END/TX56%20Wage%20Rates.txt[7/25/2017 2.36.18 PM] 200 Constitution Avenue,N W Washington, DC 20210 All decisions by the Administrative Review Board are final. END OF GENERAL DECISION �, file:///cca-1/ .nd%20Trai1%20Connectivity%20Phase%202%20%20113-045/7 0-SPECS/7 1-FRONT%20END/TX56%20Wage%20Rates.txt[7/25/2017 2.36 18 PM] CITY OF PEARLAND ADDENDUM Section 00900 ADDENDUM NO 1 Date: 08/11/2017 PROJECT Trails Phase Two, McLean Rd. to Magnolia St. BID NO 0717-50 %1, 4,OZT BID DATE Thursday,August 17, 2017 42• 01 y ' 4I< .I FROM. S Scott Slagle ,,'*r ^\ r; Principal Owner 1549 v. Clark Condon Associates �� ?. r mew' :LL 10401 Stella Link, Houston, TX 77025 . !!,!�►�!= • I/17 To Prospective Bidders and Interested Parties This addendum forms a part of the bidding documents and will be incorporated into the Contract Documents, as applicable. Insofar as the original Contract Documents, Specifications, and Drawings are inconsistent, this Addendum shall govern. Please acknowledge receipt of this Addendum on the Bid Proposal form, Section 00300 submitted to the City of Pearland. FAILURE TO ACKNOWLEDGE RECEIPT OF ADDENDA ON THE BID PROPOSAL FORM MAY BE CAUSE FOR DISQUALIFICATION. CONTRACT DOCUMENTS 1 Section 00100, Invitation to Bid Electronic bids will be accepted until Tuesday, August 22, 2017 in lieu of Thursday, August 17, 2017 Time and place of bid remain unchanged. 2 Section 00100, Invitation to Bid DBE goal for the project will 7%, SBE goal remains 0%. 3 Section 00811, Wage Rate Current Davis Bacon wage rates are included. SPECIFICATIONS No Chanages CONSTRUCTION DRAWINGS No Changes. 2-22-12 00900- 1 of 2 CITY OF PEARLAND ADDENDUM GENERAL 4 Release of Sign-in Sheet from August 8, 2017 mandatory pre-bid meeting. END OF ADDENDUM NO 1 S Scott Slagle Principal Owner 2-22-12 00900-2 of 2 CITY OF PEARLAND INVITATION TO BID Section 00100 INVITATION TO BID CITY OF PEARLAND, TEXAS Lowest Responsible Bidder Sealed Electronic Bids will be accepted for the following project, in the City's E-bid System. Electronic bids shall be submitted through the City's web site at: https.i/pearland.ionwa‘e.net/Login.aspx All interested Bidders are required to register as a "supplier" on the City's E-bid System at the above web address and clicking on "Supplier Registration" Registration provides automatic access to any changes to the Plans, Specifications or Bid time and date However, submission of an E-bid requires completing a short registration questionnaire found on this web site When prompted to add or remove commodity codes registrants must add the codes listed below. * Building Construction Services,New (Includes Maintenance and Repair Services) * Construction Services, General (Includes Maintenance and Repair Services) * Construction Services, Heavy (Includes Maintenance and Repair Services) * Construction Services, Trade (New Construction) For more information regarding registration instructions, see INSTRUCTIONS TO BIDDERS, Section 00200, included in the project bid documents viewable on the web site Questions regarding electronic bidding should be directed to City Purchasing Officer at ebids@ pearlandtx.goiv All Bids submitted electronically will remain confidential until the opening date and time when they will be opened and read into the public record. Bids, shall be submitted on the form provided in the E-bid System and submitted electronically through this system to the City Purchasing Officer, City of Pearland, City Hall Annex located at 3523 Liberty Drive, Pearland, Texas 77581 Electronic bids will be accepted until 2:00 p.m., Tuesday, August 22, 2017 All Bids shall reference the following project information in the appropriate locations in provided electronic format. All properly submitted bids shall be publicly "opened" and read aloud into the public record following the closing of the acceptance period for the construction of. Trails Phase 2 McLean Rd. to Magnolia St. City of Pearland,Texas COP PN P50072 BID NO • 0717-50 A mandatory pre-bid conference will be held at the City of Pearland City Hall Annex at 3523 Liberty Drive, Pearland, Texas 77581 at 2.00 p.m. on August 8, 2017. The project will entail the installation of concrete trail, crosswalks, grade stabilization, concrete seating areas, fabric shade structures, graphic bands, graphic signs, drinking fountain, owner- provided benches and trash receptacles, and planting and irrigation. 02-2015 00100- 1 of 3 CITY OF PEARLAND INVITATION TO BID Upon award of a contract, the successful Bidder will be required to utilize the City's web based project management software, "Pro-Trak" for the administration of the construction project, including but not limited to,all transmittals and material submittals,RFI's,RFC's,Change Orders, Applications for Payment and all project communications with the City, its Construction Manager and Engineer This system has certain hardware, 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 BIDDERS, Section 00200 Electronic Bid Documents including Contract Documents, Plans and Technical Specifications are available for download on the City's Website at: https.//pearland.iormake.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 (713) 956-0100 4001 Sherwood Houston, TX 77092 The Associated General Contractors of America, Inc (713) 334-7100 2400 Augusta, Suite 350 Houston, TX 77057 Virtual Builders Exchange (832) 613-0201 7035 W Tidwell Building J, Suite 112 Houston, TX 77092 McGrawHill Construction—Dodge Reports 1-800-393-6343 No plan fees or deposits are required for plans and bid documents obtained through the City's E- bid System. BIDDERS MUST REGISTER AS A SUPPLIER ON THE CITY'S E-BID SYSTEM IN ORDER TO SUBMIT A BID EVEN IF BID DOCUMENTS ARE OBTAINED VIA ONE OF THE PLAN HOUSES Bidders accept sole responsibility for downloading all of the required documents, plans, specifications bid forms and addenda required for bidding. No bid may be withdrawn or terminated for a period of ninety (90) days subsequent to the bid opening date without the consent of the City of Pearland. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s) Bid Security and Bonds Bid Security in the form of Cashier's Check, Certified Check, or Bid Bond payable to the City of Pearland in the amount of 5% of the total base bid price must accompany each proposal Bidders submitting bids electronically through the E-bid System shall scan and up-load a copy of the sealed Bid Bond as an attachment to their bid. Original documents for Bid Security shall be requested by the City from the lowest two bidders and delivered to the City's Purchasing Officer within 48 business hours of the Bid Opening Bid Security shall be delivered to Office of City Purchasing, City Hall Annex, 3523 Liberty Drive, Pearland, Texas 77581 02-2015 00100-2 of 3 CITY OF PEARLAND INVITATION TO BID The successful Bidder must furnish Performance and Payment Bonds as required by Chapter 2253 of the Texas Government Code or other applicable law, as amended, upon the form included in the Contract Documents, in the amount of one hundred percent(100%) of the contract price, such bonds to be executed by a corporate surety duly authorized to do business in the State of Texas, and named in the current list of"Treasury Department Circular No 570", naming the City of Pearland,Texas as Obligee. Additionally,the successful bidder shall be required to provide a one year Maintenance Bond for the improvements installed as part of this work, as provided in the Special Conditions of Agreement. Equal Opportunity. All responsible bidders will receive consideration for award of contract without regard to race, color, religion, sex, or national origin. Nondiscrimination The City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U S C 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- Assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. DBE/SBE Goal. The Disadvantaged Business Enterprise (DBE) goal for this project is 7%. The Small Business Enterprise (SBE) goal for this project is 0%. DBEs and SBEs selected must be TxDOT approved. Race neutral participation is encouraged and can be achieved through various supplier and subcontracting opportunities. Selection Criteria The Contract is to be awarded on the basis of Lowest Responsible Bidder In identifying this criteria the City will consider 1) lowest total bid price for all work listed and specifically requested, including but not limited to Base Bid, Extra Work items and selected Alternates. The City of Pearland reserves the right to award a contract based on any combination of the above considered to be in its best interests or to reject any or all bids. A bid that has been"opened"may not be changed for the purposes of correcting an error in the bid price Young Lorfing, TRMC City Secretary, City of Pearland First Publication date 7/26/17 Second Publication date 8/2/17 02-2015 00100-3 of 3 Page 1 of 4 General Decision Number TX170044 04/21/2017 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 (E0) 13658, an hourly minimum wage of $10 20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015 If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10 20 (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 04/21/2017 * 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 PIPEFITTER $ 17 00 0 04 https://www wdol gov/wdol/scafiles/davisbacon/tx44 dvb 8/11/2017 Page 2 of 4 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 A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SO" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey Example https.//www wdol.gov/wdol/scafiles/davisbacon/tx44 dvb 8/11/2017 Page 3 of 4 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 0AVG-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 WAGE DETERMINATION APPEALS PROCESS 1 ) Has there been an initial decision in the matter? This can be https.//www wdol.gov/wdoi/scafiles/davisbacon/tx44 dvb 8/11/2017 Page 4 of 4 * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program If the response from this initial contact is not satisfactory, then the process described in 2 ) and 3 ) should be followed With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations Write to Branch of Construction Wage Determinations Wage and Hour Division U S Department of Labor 200 Constitution Avenue, N W Washington, DC 20210 2 ) If the answer to the question in 1 ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 8 and 29 CFR Part 7) Write to Wage and Hour Administrator U S Department of Labor 200 Constitution Avenue, N W Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc ) that the requestor considers relevant to the issue 3 ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) Write to Administrative Review Board U S Department of Labor 200 Constitution Avenue, N W Washington, DC 20210 4 ) All decisions by the Administrative Review Board are final END OF GENERAL DECISION https.//www wdol.gov/wdol/scafiles/davisbacon/tx44.dvb 8/11/2017 Page 1 of 5 General Decision Number TX170045 01/06/2017 TX45 Superseded General Decision Number TX20160045 State Texas Construction Types Heavy PIPELINE - ON-SHORE PIPELINE CONSTRUCTION Counties Texas Statewide PIPELINE - ON-SHORE CONSTRUCTION Note Under Executive Order (EO) 13658, an hourly minimum wage of $10 20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015 If this contract is covered by the E0, the contractor must pay all workers in any classification listed on this wage determination at least $10 20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017 The EO minimum wage rate will be adjusted annually Additional information on contractor requirements and worker protections under the EO is available at www dol gov/whd/govcontracts Modification Number Publication Date 0 01/06/2017 SUTX1997-002 01/01/1997 Rates Fringes Laborers Drillers $ 16 08 2 01 Hot Pay $ 15 58 2 01 Jackhammermen $ 15 58 2 01 Loaders $ 16 08 2 01 Powderman, blasters & shooters $ 16 58 2 01 Unskilled $ 15 08 2 01 Pipefitter $ 36 49 7 45 Power equipment operators Group 1 $ 22. 95 6 05 Group 2 $ 1.7 54 4 80 Group 3 $ 12 37 3 55 Truck drivers Group 1 $ 18 82 a Group 2 $ 18 82 a Group 3 $ 16 81 a Group 4 $ 16 04 a Group 5 $ 15 71 a FOOTNOTE https.//www wdol.gov/wdol/scafiles/davisbacon/tx45 dvb 8/11/2017 Page 2 of 5 a - $2 52 PER HOUR PLUS $41 00 PER WEEK WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental TRUCK DRIVER CLASSIFICATIONS GROUP 1 - Truck Mechanics GROUP 2 - Lowboy, rollagon or similar type equipment GROUP 3 - A-Frame, Gin pole, Tandem float (4 & 5 axle) , rubber- tired tractor, fork lift, winch truck, track truck equipment, stringing truck GROUP 4 - Single axle float (3 axle) , flat bed truck (3 axle) dump truck (3 axle) , skid truck (3 axle) , hot pass (2 axle) , Flat bed truck (2 axle) dump truck (2 axle) , skid truck (2 axle) water truck (2 axle) , pick up, bus jeep, staion wagon, swamp buggy or similar type equipment GROUP 5 - Stringer bead & hot pass (2 axle, flat bed truck (2 axle) , dump truck (2 axle) , skid truck (2 axle) , water truck (2 axle) , pick-up, bus jeep, station wagon, swamp buggy or similar type equipment POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1 - Backhoe, dragline, clam, crane, ditching machine, side booms (except those in GROUP 2) , mechanic, operator on dredges, bulldozer, cleaning machine, coating machine, back filler, motor grader, end loader (3 yd & over) , blending machine, wate-kote machine,equipment welder, track tractor GROUP 2 - Pipe dream, gin truck or winch truck with poles when used for hoisting, side boom (cradling rock drill) , tow tractor„ farm tractor, road boring machine, end loader (under 3 y d) , fork lift (industrial type) , pot fireman (power agitated) ; straightening machine, boring machine, bombardier (track or tow rig) , mobile lubrication & service engineer, hydrostatic testing operator, rollagon or similar type equipment GROUP 3 Fuel man, oiler or swamper (on trenching machine or shovel- type equipment) 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 https.//www wdol gov/wdoUseafles/davisbacon/tx45.dvb 8/11/2017 Page 3 of 5 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 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 PLUM019B-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 https.//www wdol.gov/wdol/scafiles/davisbacon/tx45 dvb 8/11/2017 Page 4 of 5 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 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 https.//www wdol gov/wdol/scafiles/davisbacon/tx45 dvb 8/11/2017 Page 5 of 5 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 o j https.//www wdol.gov/wdol/scafiles/davisbacon/tx45.dvb 8/11/2017 Page 1 of 5 General Decision Number TX170046 01/06/2017 TX46 Superseded General Decision Number TX20160046 State Texas Construction Type Heavy Counties Texas Statewide Pipeline-Off-Shore Construction Note Under Executive Order (EO) 13658, an hourly minimum wage of $10 20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015 If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10 20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017 The EO minimum wage rate will be adjusted annually Additional information on contractor requirements and worker protections under the EO is available at www dol gov/whd/govcontracts Modification Number Publication Date 0 01/06/2017 * SUTX1990-021 01/31/1990 Rates Fringes Anchor Operator $ 10 75 68 Cook, Chief $ 7 59 48 Cook, Second $ 7 25 41 Crane Operator $ 11 50 72 Deckhand $ 7 25 32 Ditches & Sideboom Operator $ 11 55 73 Diver $ 11 62 1 75 ELECTRICIAN $ 11 40 72 Hoist & Deck Engine, Fork Lift & Mixer Operator, Pot Firemen $ 8 45 53 LABORER $ 7 25 35 MECHANIC $ 11 40 72 Orderly $ 7 25 35 https://www wdol.gov/wdol/scafiles/davisbacon/tx46 dvb 8/11/2017 Page 2 of 5 Pipeline Welder $ 14 00 88 RIGGER $ 8 50 54 Semi-Skilled Laborer $ 7 25 41 Spacer $ 12 25 77 Spray Painter, Barge $ 8 25 52 Spray Painter, Fabrication $ 10 16 64 Stabber $ 7 25 46 Stalking Machine Operator $ 9 75 61 Tender $ 7 25 93 Utility Welder $ 11 00 69 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental 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 https.//www wdol gov/wdol/scafiles/davisbacon/tx46 dvb 8/11/2017 Page 3 of 5 determination The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "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 https.//www wdol.gov/wdol/scafiles/davisbacon/tx46 dvb 8/11/2017 Page 4 of 5 negotiated/CBA rate of the union locals from which the rate is based 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 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 https.//www wdol gov/wdol/scafiles/davisbacon/tx46.dvb 8/11/2017 Page 5 of 5 4 ) All decisions by the Administrative Review Board are final END OF GENERAL DECISION 0 https.//www wdol.gov/wdol/scafiles/davisbacon/tx46 dvb 8/11/2017 Page 1 of5 General Decision Number TX170056 01/06/2017 TX56 Superseded General Decision Number TX20160056 State Texas Construction Type Highway Counties Austin, Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, San Jacinto and Waller Counties in Texas HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges) Note Under Executive Order (EO) 13658, an hourly minimum wage of $10 20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015 If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10 20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017 The EO minimum wage rate will be adjusted annually Additional information on contractor requirements and worker protections under the EO is available at www dol gov/whd/govcontracts Modification Number Publication Date 0 01/06/2017 * SUTX2011-013 08/10/2011 Rates Fringes CEMENT MASON/CONCRETE FINISHER (Paving and Structures) $ 12 98 ELECTRICIAN $ 27 11 FORM BUILDER/FORM SETTER Paving & Curb $ 12 34 Structures $ 12 23 LABORER Asphalt Raker $ 12 36 Flagger $ 10 33 Laborer, Common $ 11 02 Laborer, Utility $ 11 73 Pipelayer $ 12 12 Work Zone Barricade Servicer $ 11 67 https.//www wdol gov/wdol/scafiles/davisbacon/tx56 dvb 8/11/2017 Page 2 of 5 PAINTER (Structures) $ 18 62 POWER EQUIPMENT OPERATOR Asphalt Distributor $ 14 06 Asphalt Paving Machine $ 14 32 Broom or Sweeper $ 1.2 68 Concrete Pavement Finishing Machine $ 13 07 Concrete Paving, Curing, Float, Texturing Machine $ 11 71 Concrete Saw $ 13 99 Crane, Hydraulic 80 Tons or less $ 13 86 Crane, Lattice boom 80 tons or less $ 14 97 Crane, Lattice boom over 80 Tons $ 15 80 Crawler Tractor $ 13 68 Excavator, 50, 000 pounds or less $ 12 71 Excavator, Over 50,000 pounds $ 14 53 Foundation Drill, Crawler Mounted $ 17 43 Foundation Drill, Truck Mounted $ 15 89 Front End Loader 3 CY or Less $ 13 32 Front End Loader, Over 3 CY $ 13 17 Loader/Backhoe $ 14 29 Mechanic $ 16 96 Milling Machine $ 13 53 Motor Grader, Fine Grade $ 15 69 Motor Grader, Rough $ 14 23 Off Road Hauler $ 14 60 Pavement Marking Machine $ 11 18 Piledriver $ 14 95 Roller, Asphalt $ 11 95 Roller, Other $ 11 57 Scraper $ 13 47 Spreader Box $ 13 58 Servicer $ 13 97 Steel Worker Reinforcing Steel $ 15 15 Structural Steel Welder $ 12 85 Structural Steel $ 14 39 TRUCK DRIVER Low Boy Float $ 16 03 Single Axle $ 11 46 Single or Tandem Axle Dump $ 11 48 Tandem Axle Tractor w/Semi Trailer $ 12 27 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental https.//www wdol.gov/wdol/scafiles/davisbacon/tx56.dvb 8/11/2017 Page 3 of 5 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 E0, 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 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 https.//www wdol gov/wdol/scafiles/davisbacon/tx56.dvb 8/11/2017 Page 4 of 5 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 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 https.//www wdol gov/wdol/scafiles/davisbacon/tx56 dvb 8/11/2017 Page 5 of 5 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 https://www wdol,gov/wdol/scafiles/davisbacon/tx56.dvb 8/11/2017 Page 1 of 6 General Decision Number TX170067 01/06/2017 TX67 Superseded General Decision Number TX20160067 State Texas Construction Type Heavy Counties Brazoria, Fort Bend, Galveston, Harris, Matagorda, Montgomery, Waller and Wharton Counties in Texas FLOOD CONTROL PROJECTS ONLY, (Does not Include any Water & Sewer Line work; Sewage Collection and Disposal Lines; Sewers (Sanitary Storm, etc ) , or Shoreline Maintenance Water Mains and Water Supply Lines) Note Under Executive Order (EO) 13658, an hourly minimum wage of $10 20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015 If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10 20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017 The SO 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 3i 50TX1998-009 03/26/1998 Rates Fringes ASPHALT DISTRIBUTOR $ 9 47 Asphalt Paving Machine $ 10 05 Asphalt Raker $ 8 28 Asphalt Shoveler $ 7 45 Batching Plant Weigher $ 11 11 Broom or Sweeper Operator $ 8 01 Bulldozer $ 9 91 CARPENTER $ 10 35 Concrete Curbing Mach $ 8 80 Concrete Finisher-Paving $ 9 87 https.//www wdol.gov/wdol/scafiles/davisbacon/tx67 dvb 8/11/2017 Page 2 of 6 Concrete Finisher-Structures $ 9 86 Concrete Finishing Machine $ 11 79 Concrete Joint Sealer $ 10 50 Concrete Paving Float $ 9 30 Concrete Paving Saw $ 10 01 Concrete Paving Spreader $ 9 32 Concrete Rubber $ 9 00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel $ 11 35 Crusher or Screening Plant Operator $ 11. 00 ELECTRICIAN $ 16 15 Flagger $ 7 25 Form Builder (Structures) $ 9 96 Form Liner - Paving & Curb $ 9 03 Form Setter (PAVING/CURB) $ 8 86 Form Setter-Structures $ 9 05 Foundation Drill Operator, Crawler Mounted $ 12 59 Foundation Drill Operator, Truck Mounted $ 12 73 Front End Loader $ 9 29 Labor Common $ 7 45 Laborer-Utility $ 8 53 Lineperson $ 7 50 MANHOLE BUILDER (Brick) $ 8 49 MECHANIC $ 11 38 Milling Machine Operator $ 10 43 Mixer $ 7 94 Motor Grader FINE GRADE $ 11 11 Other $ 10 67 Oiler $ 9 56 https.//www wdol.gov/wdol/scafiles/davisbacon/tx67 dvb 8/11/2017 Page 3 of 6 Painter-Structures $ 14 00 Pavement Marking Machine $ 7 45 Piledriver $ 10 96 Pipe layer $ 8 49 Reinforcing Steel Setter. Paving $ 12 50 Reinforcing Steel Setter Structures $ 12 47 Roller, Pneumatic, Self Propelled $ 7 96 Roller, Steel Wheel Other Flatwheel or Tamping $ 7 61 Roller, Steel Wheel Plant Mix Pavements $ 9 25 Scraper $ 8 69 Servicer $ 9 51 SIGN ERECTOR $ 10 06 Sign Installer $ 7 45 Slipform Machine Operator $ 9 20 Spreader Box Operator $ 9 08 Steelworker Structural $ 10 35 Tractor-Crawler Type $ 10 12 Tractor-Pneumatic $ 8 99 Traveling Mixer $ 9 35 Trenching Machine, Heavy $ 13 56 Trenching Machine, Light $ 10 50 Truck Driver Lowboy Float $ 11 29 Truck Driver Single Axle Heavy $ 8 76 Truck Driver Single Axle, Light $ 8 15 Truck Driver Tandem Axle Semi-Trailer $ 8 00 Wagon Drill, Boring Machine $ 10 15 WELDER $ 10 43 https.//www wdol.gov/wdol/scafiles/davisbacon/tx67.dvb 8/11/2017 Page 4 of 6 Work Zone Barricade $ 7 45 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 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 https.//www wdol.gov/wdol/scafiles/davisbacon/tx67 dvb 8/11/2017 Page 5 of 6 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 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 1 https://www wdol.gov/wdol/scafiles/davisbacon/tx67 dvb 8/11/2017 Page 6 of 6 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 0 https.//www wdol.gov/wdol/scafiles/davisbacon/tx67 dvb 8/11/2017 Page 1 of4 General Decision Number TX170075 01/06/2017 TX75 Superseded General Decision Number TX20160075 State Texas Construction Type Heavy Dredging Counties Texas Statewide DREDGING PROJECTS ALONG THE TEXAS GULF COAST AREA INCLUDING ALL PUBLIC CHANNELS, HARBORS, RIVERS, TRIBUTARIES AND THE GULF INTRACOASTAL WATERWAYS Note Under Executive Order (EO) 13658, an hourly minimum wage of $10 20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015 If this contract is covered by the E0, the contractor must pay all workers in any classification listed on this wage determination at least $10 20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017 The EO minimum wage rate will be adjusted annually Additional information on contractor requirements and worker protections under the EO is available at www dol gov/whd/govcontracts Modification Number Publication Date 0 01/06/2017 * SUTX1994-001 01/18/1994 Rates Fringes Derrick Operator $ 7 25 Dozer Operator $ 7 25 Dredge 16" and Over DECKHAND $ 7 25 DREDGE TENDER OPERATOR $ 7 25 FIREMAN $ 7 25 FIRST ASSISTANT ENGINEER $ 7 25 LEVERMAN $ 7 25 OILER $ 7 25 SECOND ASSISTANT ENGINEER $ 7 25 SHOREMAN $ 7 25 THIRD ASSISTANT ENGINEER $ 7 25 TRUCK DRIVER $ 7 25 WELDER $ 7 25 Dredge Under 16" DECKHAND $ 7 25 DREDGE TENDER OPERATOR $ 7 25 LEVERMAN $ 7 25 OILER $ 7 25 WELDER $ 7 25 https.//www wdol.gov/wdol/scafiles/davisbacon/tx75 dvb 8/11/2017 Page 2 of 4 Hydraulic Dredging FIRST COOK $ 7 25 HANDYMAN $ 7 25 JANITOR - CABIN PERSON $ 7 25 MESS PERSON $ 7 25 SECOND COOK $ 7 25 Marsh Buggy Dragline OILER $ 7 25 OPERATOR $ 7 25 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 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 https.//www wdol gov/wdol/scafiles/davisbacon/tx75 dvb 8/11/2017 Page 3 of 4 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 WAGE DETERMINATION APPEALS PROCESS 1 ) Has there been an initial decision in the matter? This can be https.//www wdol.gov/wdol/scafiles/davisbacon/tx75 dvb 8/11/2017 Page 4 of 4 * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program If the response from this initial contact is not satisfactory, then the process described in 2 ) and 3 ) should be followed With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations Write to Branch of Construction Wage Determinations Wage and Hour Division U S Department of Labor 200 Constitution Avenue, N W Washington, DC 20210 2 ) If the answer to the question in 1 ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 8 and 29 CFR Part 7) Write to Wage and Hour Administrator U S Department of Labor 200 Constitution Avenue, N W Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc ) that the requester 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 https://www wdol gov/wdol/scafiles/davisbacon/tx75 dvb 8/11/2017 Page 1 of 5 General Decision Number TX17008l 01/06/2017 TX81 Superseded General Decision Number TX20160081 State Texas Construction Type Heavy Tunnel Counties Bell, Bexar, Bowie, Brazoria, Brazos, Cameron, Collin, Comal, Coryell, Dallas, Denton, Ector, El Paso, Ellis, Fort Bend, Galveston, Grayson, Gregg, Guadalupe, Hardin, Harris, Harrison, Hays, Hidalgo, Jefferson, Johnson, Kaufman, Liberty, Lubbock, McLennan, Midland, Montgomery, Nueces, Orange, Parker, Potter, Randall, Rockwall, San Patricio, Smith, Tarrant, Taylor, Tom Green, Travis, Victoria, Waller, Webb, Wichita and Williamson Counties in Texas TUNNEL CONSTRUCTION PROJECTS (BORED, 48" IN DIAMETER OR MORE) Note Under Executive Order (EO) 13658, an hourly minimum wage of $10 20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015 If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10 20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017 The EO minimum wage rate will be adjusted annually Additional information on contractor requirements and worker protections under the EO is available at www dol gov/whd/govcontracts Modification Number Publication Date 0 01/06/2017 * SUTX1992-010 01/15/1992 Rates Fringes CARPENTER (Including Form Setting - Wood Forms ONLY) $ 10 67 92 ELECTRICIAN $ 12 21 92 IRONWORKER, REINFORCING (Shaft Collar & Surface ONLY) $ 12 03 4 09 Laborers Miner $ 11 77 1 28 Surface $ 7 53 Tunnel $ 9 24 MECHANIC (Maintenance and repair on trucks and power equipment) $ 11 77 92 https.//www wdol.gov/wdol/scafiles/davisbacon/tx81 dvb 8/11/2017 Page 2 of 5 Oiler (Services trucks and power equipment) $ 9 69 1 50 Power equipment operators Backhoe Operator (1 1/2 CY or more) $ 11 40 1 50 Backhoe Operator (Less than 1 1/2 CY) $ 10 68 Bulldozer $ 13 00 Crane (1 1/2 CY or more) $ 12 82 1 50 Crane (Less than 1 1/2 CY) $ 11 89 Front End Loader (2 1/2 CY or more) $ 12 17 Front End Loader (less than 2 1/2 CY) $ 10 16 Locomotive Operator $ 9 00 1 50 Road Head Operator $ 14 12 1 21 Tunnel/Boring Machine Operator $ 13 61 Truck drivers Semi $ 7 25 1 05 Single Axle, Light $ 7 55 WELDER $ 11 58 LABORER CLASSIFICATIONS SURFACE - Air Tool Operator (Surface Only) , Batch Plant Laborer, Changehouseman, Dumpman (Outside, Tool Man) TUNNEL - Air Tool Operator (Tunnel Only) , Bull Gang (Muckers/Trackmen) , Cabletender, Concrete Crew (Rodders/Spreaders) , Concrete Finisher in Tunnel, Concrete Screed Man, Conveyor Operator, Headerman, High Pressure Nozzleman, Hoist Operator, Jumbo Man, Loading/Unloading Agitator Cars, Nipper, Nozzleman-Slice Line, Pot Tender, Primer Man, Reboundman, Shaft/Raise Work (Below Ground) , Shotcrete Man, Slusher Operator, Steel Form Raisers/Setters, (metal forms only) Swamper (Brakeman/Switchman) , Timberman, Troweling/Grout Machine Operator, Tugger, Vibratorman, Jack Hammer, Pneumatic Tools (Except Driller) , Vibratorman, Pavement Breakers MINER - Drill Doctor, Bit Sharpener, Bit Grinder, Rebar (Tunnel Only) , Jack Leg Miner, Shaft Drill Operator 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 https.//www wdol.gov/wdol/scafiles/davisbacon/tx81 dvb 8/11/2017 Page 3 of 5 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 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 https.//www wdol.gov/wdol/scafiles/davisbacon/tx81 dvb 8/11/2017 Page 4 of 5 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 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 https.//www wdol.gov/wdol/scafiles/davisbacan/tx81.dvb 8/11/2017 Page 5 of 5 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 https.//www wdol.gov/wdol/scafiles/davisbacon/tx81.dvb 8/11/2017 Page 1 of 5 General Decision Number TX170097 04/21/2017 TX97 Superseded General Decision Number TX20160097 State Texas Construction Types Residential (Residential and Landscape) Counties Brazoria, Chambers, Liberty and Waller Counties in Texas Note Under Executive Order (E0) 13658, an hourly minimum wage of $10 20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015 If this contract is covered by the E0, 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 01/27/2017 2 04/21/2017 ELEV0031-002 01/01/2017 Rates Fringes ELEVATOR MECHANIC $ 40 04 31 585+a+b Footnotes A 6% under 5 years based on regular hourly rate for all hours worked 8% over 5 years based on regular hourly rate for all hours worked B Holidays New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day * SFTX0669-001 04/01/2017 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) $ 29 03 15 84 SHEE0054-008 07/01/2014 Rates Fringes https.//www wdol,gov/wdol/scafiles/davisbacon/tx97.dvb 8/11/2017 Page 2 of 5 Sheetmetal Worker (Excluding HVAC Work) $ 25 67 12 39 SUTX2005-027 12/15/2005 Rates Fringes Bricklayer $ 16 87 Plasterer $ 15 89 Tile setter $ 14 23 Acoustical Ceiling Installer $ 12 50 Carpenter (Includes Batt/Blown Insulation, Formwork & Overhead Door Installation $ 11 84 1 41 Carport Structural Supports Installer $ 11 46 2 61 Cement Mason/Concrete Finisher $ 13 93 75 Drywall Finishers $ 11 21 Drywall Hanger $ 12 03 Electrician (Incl Low Voltage Wiring/ Instal of Alarms & Nurse Call Systems $ 17 05 6 32 Gutter and Siding Installer $ 12 84 HVAC Mechanic (Duct, Pipe & Installation of System) $ 11 11 Ironworker Ornamental $ 17 17 Reinforcing $ 11 25 2 35 Structural $ 17 21 LABORERS Common $ 8 95 99 Landscape and Irrigation $ 8 62 Mason Tender Brick $ 9 87 68 Mason Tender Cement $ 9 60 68 Pipelayer $ 10 01 Plaster Tender $ 11 10 Painter Brush, Roller, and Spray $ 11 02 Parking Lot Striping $ 14 21 Plumbers (Excluding HVAC Pipe) $ 17 49 1 15 Power Equipment Operator Backhoe $ 13 51 69 Bulldozer $ 12 68 https.//www wdol.gov/wdol/scafiles/davisbacon/tx97 dvb 8/11/2017 Page 3 of 5 Forklift $ 13 58 Front End Loader $ 12 00 69 Grader $ 13 67 Roofers $ 10 00 Soft Floor Layers, Carpet and Vinyl $ 16 92 Truck drivers $ 13 61 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 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 https.//www wdol.gov/wdol/scafiles/davisbacon/tx97.dvb 8/11/2017 Page 4 of 5 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 WAGE DETERMINATION APPEALS PROCESS 1 ) Has there been an initial decision in the matter? This can be * an existing published wage determination https://www wdol.gov/wdol/scafiles/davisbacon/tx97.dvb 8/11/2017 Page 5 of 5 * 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 0 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 https.//www wdol.gov/wdol/scafiles/davisbacon/tx97 dvb 8/11/2017 Page 1 of 7 General Decision Number TX170282 04/14/2017 TX282 Superseded General Decision Number TX20160282. State Texas Construction Type Building County Brazoria County in Texas BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) Note Under Executive Order (EO) 13658, an hourly minimum wage of $10 20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015 If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10 20 (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 2 01/27/2017 3 04/14/2017 ASBE0022-009 12/01/2016 Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR (Duct, Pipe and Mechanical System Insulation) $ 23 42 12 26 * BOIL0074-003 01/01/2017 Rates Fringes BOILERMAKER $ 28 00 22.35 CARP0551-009 04/01/2016 Rates Fringes CARPENTER (Excludes Drywall Hanging, Form Work, and Metal Stud Installation) $ 23 05 8 7B ELEC0716-005 08/29/2016 Rates Fringes https.//www wdol.gov/wdol/scafiles/davisbacon/tx282.dvb 8/11/2017 Page2of7 ELECTRICIAN (Excludes Low Voltage Wiring and Installation of Alarms) $ 31 25 9 11 ELEV0031-003 01/01/2016 Rates Fringes ELEVATOR MECHANIC $ 39 24 29 985+a FOOTNOTES A 6% under 5 years based on regular hourly rate for all hours worked 8% over 5 years based on regular hourly rate for all hours worked B Holidays New Year's Day; Memorial Day; Independence Day; Labor Day, Thanksgiving Day; Friday after Thanksgiving Day; Christmas Day; and Veterans Day ENGI0450-002 04/01/2014 Rates Fringes POWER EQUIPMENT OPERATOR Cranes $ 34 85 9 85 IRON0084-011 06/01/2015 Rates Fringes IRONWORKER, ORNAMENTAL $ 23 02 6 35 IRON0135-002 12/01/2014 Rates Fringes IRONWORKER, STRUCTURAL $ 28 25 9 25 PLAS0079-004 01/01/2015 Rates Fringes PLASTERER $ 19 92 1 00 PLUM0068-002 10/01/2016 Rates Fringes PLUMBER $ 34 35 9 79 PLUM0211-010 10/01/2016 Rates Fringes PIPEFITTER (Including HVAC Pipe Installation) $ 33 53 11 11 SHEE0054-003 07/01/2014 https.//www wdol.gov/wdol/scafiles/davlsbacon/tx282 dvb 8/11/2017 Page 3 of 7 Rates Fringes SHEET METAL WORKER (Excludes HVAC Duct and Unit Installation) $ 25 67 12 39 SUTX2014-008 07/21/2014 Rates Fringes ACOUSTICAL CEILING MECHANIC $ 16 41 3 98 BRICKLAYER $ 19 86 0 00 CAULKER $ 15 36 0 00 CEMENT MASON/CONCRETE FINISHER $ 13 33 0 00 DRYWALL FINISHER/TAPER $ 16 30 3 71 DRYWALL HANGER AND METAL STUD INSTALLER $ 17 45 3 96 ELECTRICIAN (Alarm Installation Only) $ 17 97 3 37 ELECTRICIAN (Low Voltage Wiring Only) $ 18 00 1 68 FLOOR LAYER Carpet $ 20 00 0 00 FORM WORKER $ 12 57 0 00 GLAZIER $ 19 12 4 41 INSULATOR - BATT $ 14 87 0 73 IRONWORKER, REINFORCING $ 12 10 0 00 LABORER Common or General $ 10 55 0 00 LABORER Mason Tender - Brick $ 13 37 0 00 LABORER Mason Tender - Cement/Concrete $ 10 86 0 00 LABORER Pipelayer $ 12 94 0 00 LABORER Roof Tearoff $ 11 28 0 00 LABORER Landscape and Irrigation $ 9 49 0 00 LATHER $ 19 73 0 00 OPERATOR Backhoe/Excavator/Trackhoe $ 15 56 0 00 OPERATOR Bobcat/Skid Steer/Skid Loader $ 13 93 0 00 https.//www wdol.gov/wdol/scafiles/davisbacon/tx282.dvb 8/11/2017 Page4of7 OPERATOR Bulldozer $ 20 77 0 00 OPERATOR Drill $ 16 22 0 34 OPERATOR Forklift $ 15 64 0 00 OPERATOR Grader/Blade $ 13 37 0 00 OPERATOR Loader $ 13 55 0 94 OPERATOR Mechanic $ 17 52 3 33 OPERATOR Paver (Asphalt, Aggregate, and Concrete) $ 16 03 0 00 OPERATOR Roller $ 16 00 0 00 PAINTER (Brush, Roller and Spray) , Excludes Drywall Finishing/Taping $ 16 77 4 51 ROOFER $ 15 40 0 00 SHEET METAL WORKER (HVAC Duct Installation Only) $ 20 05 4 19 SHEET METAL WORKER (HVAC Unit Installation Only) $ 19 67 2 24 SPRINKLER FITTER (Fire Sprinklers) $ 22 17 9 70 TILE FINISHER $ 12 00 0 00 TILE SETTER $ 16 17 0 00 TRUCK DRIVER 1/Single Axle Truck $ 14 95 5 23 TRUCK DRIVER Dump Truck $ 12 39 1 18 TRUCK DRIVER Flatbed Truck $ 19 65 8 57 TRUCK DRIVER Semi-Trailer Truck $ 12 50 0 00 TRUCK DRIVER Water Truck $ 12 00 4 11 WATERPROOFER $ 14 39 0 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 https.//www wdol.gov/wdol/scafiles/davisbacon/tx282.dvb 8/11/2017 Page 5 of 7 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 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 https.//www wdol.gov/wdol/scafiles/davisbacon/tx282.dvb 8/11/2017 Page 6 of 7 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 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 https.//www wdol gov/wdol/scafiles/davisbacon/tx282.dvb 8/11/2017 Page 7 of 7 200 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 https.//www wdol.gov/wdol/scafiles/davisbacon/tx282.dvb 8/11/2017 1 co 0 V 1 N _ i lail .y`y�n�! J', 7 o 44 • ON i a 36, N '2 -4 . ° 9 c L 111111111111111 aS a ___ 95 E Ili % C0. a ` Z c4 ai C a su �, eA m y � Lzao N B oo if, 111111111110 PP r— M O Z as 0,.c _ as r Y t ow {rW Z J 6 ..---1114 c0 c7 T „1 -o c J , . t 4- i c.) s c 4d ,„ , 1. -3 1 --4-. La 0 - a , , 3,3_ „ .. . ...., ..„.._.. Y ,-„) Lill illill ill Z l Cr',,, u. ,_.... 0 c,., , , t4-8 N 111111 c to _ o Zi O ki, A i c C- VI c% a C `s�- 3O. `� Ci % ‘Q. 1: )0 ,.-N...) _ 0 Q' c I= 74 cJ 11--a5c0'.0 e- 11110i N C 1...0i k44 V'5vCaO.. c.,r:.:c:--,-.:, N U / o d 1 E( \g J1 (, 4 aIIII/I .r1 F* *