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R2020-076 2020-04-27RESOLUTION NO. R2020-76 A Resolution of the City Council of the City of Pearland, Texas, awarding an installation services contract for the Fiber Optic Backbone Network Project (Magnolia/John Lizer) to TDC2, in the amount of $650,147.56. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That competitive bids for the construction of the Fiber Optic Backbone Network Project have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to TDC2, in the amount of $650,147.56. Section 3. The City Manager or his designee is hereby authorized to execute a construction services contract for the Fiber Optic Backbone Network Project. PASSED, APPROVED and ADOPTED this the 27th day of April, A.D., 2020. TOM REID MAYOR ATTEST: /l CR TAL ROAN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY QEPR..AN6 Project Manual for: Magnolia Parkway Fiber Optic Network Connection - (Pearland Parkway to Harkey Drive) COP Project No.: FA2004 Bid No.: 0220-20 February 2020 Prepared By: Cobb, Fendley & Associates, Inc. I- 00.. ...i KARL ROTHERMEL 116355 •; c„� s +I11,0NAL E :` 2/28/2020 CITY OF PEARLAND CITY OF PEARLAND BRAZORIA COUNTY, TEXAS TABLE OF CONTENTS NOTE: ALL CITY SPECIFICATIONS ARE INCLUDED BY REFERENCE. CITY SPECIFICATIONS CAN BE FOUND ON THE CITY OF PEARLAND WEB SITE: https://www.i)earlandtx.i!ov/departments/engineering-and-capital-prof ects/engineerinp-/standard- construction-documents DIVISION 0 — BIDDING AND CONTRACT DOCUMENTS 00100 Invitation to Bid 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 Template 00910 House Bill 89 Verification Form DIVISION 1— 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 01505 Mobilization 01555 Traffic Control and Regulation 01580 Project Identification Signs 01600 Material and Equipment 01630 Product Options and Substitutions 01720 Field Surveying 01760 Project Record Documents 01770 Contract Closeout CITY OF PEA RLAND DIVISION 2 — SITE WORK 02200 Site Preparation 02220 Site Demolition CITY SPECIFCIATION (see note on previous page) Bid Item 0001 Poli -MOD Patch and Splice Module Bid Item 0002 External Battery Cabinet Bid Item 0003 Xpress Fiber Management 4RU Patch Panel Bid Item 0004 Wall Mount Interconnect Enclosure TXDOT SPECIFCATIONS TABLE OF CONTENTS 618 Conduit 624 Ground Boxes 6007 Intelligent Transportation System (ITS) Fiber Optic Cable 6007 Special Provision to Special Specification 6007 Fiber optic Cable END OF SECTION 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: hqps://pearla,nd.ionwave.net/Login.aWx. 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(d�pearlandtx.gov. 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 Office, City of Pearland, City Hall Annex located at 3523 Liberty Drive, Pearland, Texas 77581. Electronic bids will be accepted until 11:00 a.m., Tuesday, March 31, 2020. 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 Magnolia Parkway Fiber Optic Network Connection - (Pearland Parkway to Harkey Road) City of Pearland, Texas COP PN: FA2004 BID NO.: 0220-20 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 March 19, 2020. The Magnolia Parkway project will create a new 2.75 -mile fiber optic connection between City's existing network connection at the John Lizer Road / Pearland Parkway intersection traffic controller cabinet and extending the fiber network to the Harkey Road / Magnolia Parkway intersection traffic controller cabinet. This project will add 4 traffic signal controllers along Magnolia Parkway to the City's fiber optic network. The intersections to be added are Magnolia Parkway at SH 35 (S Main Street), Magnolia Parkway at Veterans Drive, Magnolia Parkway at McLean Road, and Magnolia Parkway at Harkey Road. The fiber run will traverse east to west 08-2018 00100 - 1 of 3 CITY OF PEARLAND INVITATION TO BID along the northside of Magnolia Parkway and pass under the BNSF railroad track. Also added to the City's fiber optic network will be the Southwest Environmental Center (SWEC), Doris Fenwick Nature Center, the Veterans Drive lift station, and the Magnolia water tower station. The fiber optic connection will carry 96 -strand and a 12 -strand single mode fiber the entire project length of 14,520 feet. 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: hqps://I)earland.ionwave.net/Login.aspx upon registration. The documents are NOT viewable without registration. These same documents are also available at the following locations. Amtek Plan Room 4001 Sherwood Houston, TX 77092 (713) 956-0100 The Associated General Contractors of America, Inc. (713) 334-7100 2400 Augusta, Suite 350 Houston, TX 77057 Virtual Builders Exchange 7035 W. Tidwell Building J, Suite 112 Houston, TX 77092 (832) 613-0201 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, Finance Department, City Hall Annex, 3523 Liberty Drive, Pearland, Texas 77581. 08-2018 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. The contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such remedy as the recipient deems appropriate. 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. Crystal Roan City Secretary, City of Pearland First Publication date March 4, 2020 Second Publication date March 11, 2020 08-2018 00100 - 3 of 3 CITY OF PEARLAND Section 00200 INSTRUCTIONS TO BIDDERS INSTRUCTIONS TO BIDDERS (LRB) 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 of Pearland and may be used inter -changeably. 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 (plans and specifications including all Addenda issued prior to bid opening). 1.3 The term "E -bid System" refers to the City's electronic bidding system. This is a web - based system (Ion Wave) that provides all Bid Documents electronically to interested parties (potential Bidders and forms the pathway for Bidders to submit bids in response to The Invitation to Bid. The term "e -bid" and/ or "electronic bid" means the Bidders' electronic response submitted on the electronic Bid Proposal with all required attachments 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 submittal process to submit a bid to the City in response to an Invitation to Bidders. 1.4 The term "Pro -Trak" means the City's web -based contract administration and construction records management software used by the contracting parties to administer the project. This system serves as the web accessed centralized project information hub for communications and document management, pay application processing and record retention for all project documentation. Operational instructions for accessing 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). 1.7 The term "Alternate(s)" or "Add Alternate(s)" as used here inter -changeably are defined as an additive work item that may be selected or rejected by the Owner based on the Owner's sole acceptance or rejection of the price proposed for this item. Alternate bid prices shall include all labor, material, equipment and overhead costs to perform the work as specified, complete in place. When selected by the Owner, the costs for an Alternate work item shall be added to the Base Bid price and made a part of the Contract price. 2. Registration for E -bid System 2.1 The Owner's E -bid System is accessible via the City's web site at htips://yearland.ionwave.net/Lo ig n_aspx. Bid documents can be viewed by simply selecting a specific project from the BID OPPORTUNITIES list and clicking on that project AFTER registration as a Supplier. Interested Bidders MUST REGISTER as a "Supplier" by clicking on 08-2018 00200 - 1 of 9 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS the Supplier Registration button and completing the registration form. When prompted to add or remove commodity codes registrants must add the codes listed below: * Building Construction Services, New (Includes Maintenance and Repair Services) * Construction Services, General (Includes Maintenance and Repair Services) * Construction Services, Heavy (Includes Maintenance and Repair Services) * Construction Services, Trade (New Construction) Select the appropriate Time Zone for the 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 future bid opportunities. Downloading any project bid data will automatically place the bidder's contact information on the list of plan holders and the E -bid System will automatically send any and all updates, addenda, changes or additional information 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&earlandtx. gov. 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: hqps://i)earland.ionwave.net/Login.aspx. 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, addenda or additional information from the City or its Engineer. 3.3 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-biddersNendors providing pricing to a Bidder, register as a Supplier and download all of the project Bid Documents. 3.4 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. 3.5 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. 08-2018 00200 - 2 of 9 CITY OF PEARLAND 4. Qualifications of Bidders INSTRUCTIONS TO 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. Failure to provide this information within the specified time frame may be cause for rejection of the Bid. 1) A brief narrative of previous experience of the Bidder with projects of a similar nature and scope; specifically including a list of 5 representative projects completed by the Bidder of a similar nature and scope to the work 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 including total contract value and current percent complete by payment; 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 Bid Form; 4) A list of names, address and telephone number of references for other 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. 08-2018 00200 - 3 of 9 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 5.3 Information and data reflected in the Contract Documents with respect to underground utilities, equipment or other underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof. 5.4 Before submitting a Bid Proposal, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid Proposal prices for performing and furnishing the Work in 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. 08-2018 00200 - 4 of 9 CITY OF PEARLAND 7. Bid Security INSTRUCTIONS TO BIDDERS 7.1 Each Bid Proposal must be accompanied by bid security made payable to Owner in an amount of five percent (5%) of the Bidder's maximum Bid Proposal price, in the form of a certified check, cashier's check or a Bid Bond ("Bid Security"). 7.2 Bidders submitting bids through the E -bid System shall scan and up -load a copy of their Bid Security (sealed Bid Bond, Certified Check or Cashier's Check) as an attachment to their electronic bid. Original documents for Bid Security shall be requested by the City from the lowest two bidders and delivered to the City's Purchasing Officer within 48 business hours of the Bid Oyenine. 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 specified materials and equipment described in the Plans and Specifications without consideration of possible substitute or "or - equal" items unless otherwise stated. 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 Owner approved equal". Any substitution made by the Bidder upon which the bid is based shall be at the Bidder's sole risk. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in the Contract Documents. 08-2018 00200 - 5 of 9 CITY OF PEARLAND 11. Bid Form INSTRUCTIONS TO BIDDERS 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. 11.2 All E -bids must be submitted on the City's official E -bid System Bid Proposal document. All blanks on the Bid Proposal form must be completed or filled in. The Bidder shall bid all Alternates, if any. Incomplete Bid Proposals may be cause for rejection. 11.3 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. 11.4 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. 11.5 The Bidder shall acknowledge receipt of all Addenda (the number of which must be filled in on the Bid Proposal form). Failure to do so could be cause for rejection of the Bid. 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 hgps://yearland.ionwave.net/Lo ig�n.aspx. 12.3 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. 08-2018 00200 - 6 of 9 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 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 nine 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, that Bidder will be disqualified from further bidding on the Project to be provided under the Contract Documents. 13.5 Bid securities for unsuccessful Bidders will be returned to bidders once a successful Bidder has be identified and notified of the Owner's intent to award a contract. 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 through E -Bid. 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 the Lowest Responsible Bidder. 16.2 The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial Statement of bidder, if requested to do so. As required by the Instructions to Bidders and as a condition of Bid acceptability, the Contractor hereby agrees: 08-2018 00200 - 7 of 9 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 1. That the City, as Owner and Contract Administrator, retains the right to review and approve the Contractor's and all Subcontractors' qualifications to perform the Work of the Contract and to reject any Subcontractor not meeting the City's standards, as outlined in the General Conditions, or TxDOT's and FHWA qualifications for performing the Work. 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, Add Alternates and Cash Allowances, if any, and any other cost criteria. Additional evaluation criteria may include: the Qualifications of the Bidders, whether or not the Bid Proposals comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Proposal form or prior to the Notice of Award. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.4 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. 16.5 Acceptance of any and all bids may be conditioned on compliance with the requirement for attendance of the mandatory pre-bid meeting. 16.6 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. 16.7 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. 08-2018 00200 - 8 of 9 CITY OF PEARLAND 19. Pre-bid Conference INSTRUCTIONS TO BIDDERS 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 08-2018 00200 - 9 of 9 C ITF OF PEA RLAND BID PROPOSAL Section 00300 BID PROPOSAL Lowest Responsible Bid Date: 3-25-20 Bid of TW-2rI LC a corporation organized and existing under the laws of the State of Texas. for the construction of. :Magnolia Parkway- Fiber Optic Network Connection - (Pearland Parkway to Harkey Road) City of Pearland, Texas COP PN: FA2004 BID NO.: 0220-20 (Submitted in Electronic format) fo: The I lonorable Mayor and City Council of Pearland City of Pearland 3519 Liberty Drive Pearland. Texas 77581 Pursuant to the published imitation to Bidders. and Instructions to Bidders. the undersigned Bidder hereby proposes to perform all the work and furnish all necessary superintendence. labor. machines, 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 Magnolia Parkway Fiber Optic Network Connection - (Pearland Parkway to Harkey Road) with all related appurtenances. complete, tested. and operational, in accordance with the Plans and Specifications prepared by Karl F. Rothermel. P.E.. PTOE. Cobb. Fcndley & Associates, Inc., 1920 Country Place Parkway. Suite 400 Pearland. TX 77584, 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 appl} as additions to or deductions from the total prices for the parts of the Work so changed. -1 he 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. Finance Department. City Hall Annex 3523 Libertv 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 process. 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 R'laintenance Bond if required, 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 ,�� ithin the time stated and for the prices stated in Exhibit A of this proposal along with all required insurance in the required amounts. 10-'_017 Bidder's Initial's: 00300 - I of 2 CITY OF PEARLAND BID PROPOSAL The undersigned Bidder agrees to commence work within 10 days of the date of a written Notice to Proceed. It is understood that the Work is to be Substantially Complete within one hundred twenty (120) 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 Section 00500 — Standard Bonn 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 aureed to in writing by the Cite of Pearland and Bidder. It is understood that in the event the Successful Bidder fails to enter into the Standard Form of Aereement and/or to furnish an acceptable Performance and Payment Bond and Maintenance Bond if required. 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 Evill forfeit the Bid Security as provided in the Instructions to Bidders. Unless other% ise expressly provided herein. all references to " day(s)" shall mean calendar da}(s). The Bidder acknowled-es that the following Addenda have been received. The modifications to the Biddine Documents noted therein have been considered and all costs thereto are included in the Hid Proposal prices. Addendum No.: 1 Date: 3/13/2020 Addendum No.: 2 Date: 3/23/2020 Addendum No.: 3 Date: 3/30/2020 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 indirect/} entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding. Finn Nai TQC LL _ f Bv: Title: Vice President :address: 634 N Ballard Ave. Wylie, TX 75098 Phone No: 469-999-7411 ATTEST: (Typed or Printed Name) Signature Date: 3/25/2020 LND 01: SECTION 10-'_017 (Seal. if Bidder is a Corporation) Bidder's Initial���_ 00300-2of2 CITY OF PEARLAND PROPOSAL FORM PART 11 PROPOSAL NOTE: I. Nuntlkr ol'splice enclosures to he determined by length of liter cahle run lengths which nta) vaq. I-'ilxer cable run Iengills shall I'W approved b)the City. Thr cost of the splices within the enclosure.% are inciikntal to the cost of the enclosure. 2. I he cost of t1k: splices within the Ixtli-nwd patch and splice nxxlules are incidental to the cost of IIx nxxlule. Bidder's Initi 00300 - Part B - 1 of 1 Quantity UOM Description Spec Reference Unit Price 'Total Amount 13asr Bid Site I'rrparuiun K Earthwork I I I.S MI)BILI/A I ION NIAXIMUM .i'!u) I 1505 $1,000-00 2 1 IS IRM HC'O)NIROI.AND RL01l.AlION IrDO'I'-1555 $1,200.00 $1.200.00 .i 1 I.S RAILROAD APPLICA'T'ION AND I'I.RMI111N(i 1111-r laid Si naliiation 4 2x0 I.f• CONDUII'(III)1'I:2")1130RI:D)t0RAN(&) 1xIMI-61R $15.00 $4,200.00 5 18.00i LP Mt11.11-M-UlC'UNI1.111(III)PI.4"\V;4-I^INNI[It I)I1( I'ti)(ISOR1:1))luR;w(it:) IxOOI-618 $20.50 $369,102.50 0 57 I'.A (;Ro l,ND BOX IN 212436361 W%APRON TxDOI-624 $2,165.00 123 405.00 7 2 VAI'l III: R 0I, HC SPLICE l:N('LUSURl.. - UNDHWROUN1). 11'A1 IiRI'ROOF I'xl)O'I-611(17 $2,821.00 $5,642.00 8 24?03 1.1: I'1131iR OPT](' ( III. (SNGI.I: N4UDI:)(12 1 IBER) 1'sDO1-6007 $1.28 $30,979.84 9 18.6.32 1.E I'lltl.R OPTIC CIII. (SN(iLE-MOI)1•:)(96 I MER) I x00'1* -6(.)07 $1.88 10 54 I -.A 1:1111.lt OI''lIC CARI.F ROAD MARKER I'\ DO 1 -600 7 $3,612.60 I 1 10 IiA l()I.I-NA0D I'M Cll AND SPI.ICG MODULE IIID 1'I 12%4 (NN)I ," $6,494.40 12 1 E•A Imi.I S1'SI IiM (I{X I ERNAL IIA H CABIN I"I ) - (MINI:11POWFIZ SOURCI: ONLY - I OR E111PR SYS I GNI l'sE 1111) HVIVI 1NN12 $5,510.00 $22,040.00 13 I I:n I IIII.II (W]I ' PA R'I1 I'ANEI. (144 1'OSIIION) RV -1 1111) I rl`M INX113 1$556.72 M 56 1 ') IIA I-IULR 0I'11(' I'A*1CII PANI.1, 2.1 110Sf11ON) N'MI:OI IIID I1 IN INNN 1$795.10 1$7.155.90 NOTE: I. Nuntlkr ol'splice enclosures to he determined by length of liter cahle run lengths which nta) vaq. I-'ilxer cable run Iengills shall I'W approved b)the City. Thr cost of the splices within the enclosure.% are inciikntal to the cost of the enclosure. 2. I he cost of t1k: splices within the Ixtli-nwd patch and splice nxxlules are incidental to the cost of IIx nxxlule. Bidder's Initi 00300 - Part B - 1 of 1 CITY OF PEARLAND PROPOSAL. FORM PARI' R (Optional) PROPOSAL NOTE: 1. Number of splice enclosures to be delennined b) length of lifer cable run lengths which nlay %ary. I-'iler cable nm length; shall be appm%ed M the 0t).'I lie cosi of' tile splices within tic enclosures are incidemal to (he cost of"the enclosure. 2. 't lie cost of the splic.•es within the poli-nwd patch and spliCC 1110doles are incidental to Ile cost ol'the nx+dule. 3. Tltc abotie item, sludl be hid scparalely s<► the ('it) can determine file optional connection's Icasibility. Bidder's Initials: 00300 Part B (optional) - 1 of 1 Qu:utliq 1:0,N] Description Spec Iteference Unit Price Total Anwum Base Hid Sitc Prep:lation K I.:ulhc�urk I I LS MOHILILATION MAXIMI:M 30% I'xL)0'1' - 1$0$ S1,00000 $1,000.00 2 I Lti I'IIAPhIC C'UN"1'R01. AND RIi(il1LA'I10N I X1X)T - 1St$ 7 200.00 Base Hid Si gnaliiation 4 1.1150 11,11: ('0NDI11F(IIDI11 2-11010141-1)) (ORANGli) $15.00 $27,750.00 6 2 I:A (iROI : Nl) HOX I'\ 2 (2.1.3636 WlAI'RON 1'X1)01'-624 $2.105.00 $4,330 00 K 1,0% LF Hilhlt ON W ( 131,SNG11-MODE. (12 1'1131i10 FAXY1'-6007 51.28 S1,395,20 14) .3 EA 1:I131:It UI'l'll' CAHI.Ii ROAD MARFIiIt 'I'x1X)'f-0007 S66.90 I I EA 1101 -1 -MOD PA I CI l AND SI'LWE MOM A.I: HlD fl LN•I 0001 $649.44 S649.44 14 1 I:A 1•Ilil'.It Oil HC PATCH PANIs1, (24 POSI110N) WN•I1i01 fill) 1,11m (101)•1 $795.10 5795.10 NOTE: 1. Number of splice enclosures to be delennined b) length of lifer cable run lengths which nlay %ary. I-'iler cable nm length; shall be appm%ed M the 0t).'I lie cosi of' tile splices within tic enclosures are incidemal to (he cost of"the enclosure. 2. 't lie cost of the splic.•es within the poli-nwd patch and spliCC 1110doles are incidental to Ile cost ol'the nx+dule. 3. Tltc abotie item, sludl be hid scparalely s<► the ('it) can determine file optional connection's Icasibility. Bidder's Initials: 00300 Part B (optional) - 1 of 1 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 TDC2, 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: Magnolia Parkway Fiber Optic Network Connection - (Pearland Parkway to Harkey Road) City of Pearland, Texas COP PN: FA2004 BID NO.: 0220-20 Article 2. ENGINEER The Work has been designed by Cobb, Fendley & Associates, Inc., 1920 Country Place Pkwy # 400, Pearland, Texas 77584 (Karl Rothermel, P.E., PTOE) who is hereinafter called ENGINEER and who is to assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work will be Substantially Complete (as defined in Article 1 of the General Conditions) within one hundred and 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 4-2015 00500 - 1 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT a penalty) CONTRACTOR shall pay OWNER five hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time set out in the Certificate of Substantial Completion or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER five hundred dollars ($500.00) for each day that expires after the time specified in the Certificate of Substantial Completion for completion and readiness for Final Payment. 3.3 Inspection Time. Working hours for the Pearland Inspection personnel are from 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding City approved holidays. The Contractor shall notify the OWNER of any required inspection overtime work at least 48 hours in advance and shall pay the overtime wages for the required City inspections. Article 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work in strict accordance with the Contract Documents in current funds $650,147.56 (the "Contract Price"). The Contract Price includes the Base Bid as accepted by OWNER as shown in Document 00300 — Bid Proposal. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Section 6.0 "Measurement and Payment" of the General Conditions. Application for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER as provided below. All progress payments will be on the basis of the progress of the Work and actual quantity of Work completed, in accordance with Article 6 "Measurement and Payment" of the General Conditions. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage or actual quantity of Work complete, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions. The OWNER shall make payment within 30 days of receipt of application for payment by the ENGINEER. 5.1.2 Each progress payment shall be less retainage as specified in Paragraph 6.06 of the General Conditions, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may upon written 4-2015 00500 - 2 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT recommendation of the ENGINEER pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER'S option, may be relieved of the obligation to fully complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment." 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 6.09 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 6.09. Article 6. INTEREST Interest on any overdue payment from OWNER to CONTRACTOR shall be paid in accordance with the provisions of Chapter 2251.025 of the Texas Government Code, as amended. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all available surveys, assessments, reports of explorations, investigations, and tests of subsurface conditions and drawings of physical conditions of the site. Such technical reports and drawings are not Contract Documents. and Owner makes no representations or warranties as to the accuracy of such documents or information, or to whether or not they are complete, comprehensive, or all-inclusive. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work, and CONTRACTOR assumes the risk of such subsurface and physical conditions, and shall furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests, reports, and studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 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 4-2015 00500 - 3 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and finish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies in the Contract Documents of which Contractor knew or should have known, and CONTRACTOR shall perform the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including any written resolution of any such conflict, error or discrepancy by ENGINEER. In the event of a conflict that was not brought to the OWNER's or ENGINEER's attention prior to the bid, the CONTRACTOR is assumed to have bid the most expensive alternative. Article 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consist of the following, each of which are incorporated herein by reference: 8.1 Standard Form of Agreement (Section 00500). 8.2 Performance, Payment, and/or Maintenance Bonds (Sections 00610, 00611, and 00612). 8.3 General Conditions of Agreement (Section 00700), including Attachment No. 1 Workers' Compensation Insurance Coverage, Attachment No. 2 Agreement for Final Payment and Contractor's Sworn Release, and Attachment No. 3 Owner's Insurance Requirements of Contractor. 8.4 Special Conditions of Agreement (Section 00800). 8.5 Plans, consisting of sheets numbered 1 through 68 inclusive with attachments with each sheet bearing the following general title: Magnolia Parkway Fiber Optic Network Connection - (Harkey to Pearland) 8.6 Instructions to Bidders and CONTRACTOR's Bid Proposal, including any Addenda referenced therein. 8.7 Technical Specifications for the Work. 8.8 The following, which may be delivered or issued after this Agreement becomes effective: Any Change Orders or other documents amending, modifying, or supplementing the Contract Documents in accordance with the General Conditions. 4-2015 00500 - 4 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Section 1, "Definitions and Interpretations" of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from Substantial Completion against defects in materials and workmanship. CONTRACTOR agrees to repair or replace any defective work within this warranty period immediately unless such repairs require long lead time materials and equipment in which case CONTRACTOR shall provide an agreeable schedule for repairs at no additional cost to OWNER. 9.5 The Work will be completed according to the Contract Documents and in accordance with codes, ordinances, and construction standards of the City of Pearland, and all applicable laws, codes and regulations of governmental authorities. 9.6 In the event any notice period required under the Contract Documents is found to be shorter than any minimum period prescribed by applicable law, the notice period required shall be construed to be the minimum period prescribed by applicable law. 9.7 This Contract and the Contract Documents, insofar as they relate in any part or in any way to the Work undertaken therein, constitute the entire agreement between the parties hereto, and it is expressly understood and agreed that there are no agreements or promises by and between said parties, except as aforesaid, and that any additions thereto or changes shall be in writing. 9.8 The provisions of this Contract shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and the intent of the parties, but if for any reason any provision is unenforceable or invalid, such provisions shall 4-2015 00500 - 5 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT be deemed severed from this Contract and the remaining provisions shall be carried out with the same force and effect as if the severed provision had not been part of this Contract. 9.9 The headings of the paragraphs are included solely for the convenience of reference and if there is any conflict between the headings and the text of this Contract, the Contract text shall control. 9.10 The waiver of any breach hereof shall not constitute a waiver of any subsequent breach of the same or any other provision hereof. Failure by the OWNER in any instance to insist upon observance or performance by CONTRACTOR shall not be deemed a waiver by CONTRACTOR of any such observance or performance. No waiver will be binding upon OWNER unless in writing and then will be for the particular instance only. Payment of any sum by OWNER to CONTRACTOR with knowledge of any breach or default will not be deemed a waiver of such breach or default or any other breach or default. 9.11 The CONTRACTOR acknowledges that the OWNER (through its employee handbook) considers the following to be misconduct that is grounds for termination of an employee of the OWNER: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the OWNER. The CONTRACTOR agrees that it will not, directly or indirectly; cause an employee of the OWNER to engage in such misconduct. 9.12 The CONTRACTOR agrees to comply with Appendix A (attached) of the City of Pearland's Title VI Nondiscrimination Plan Assurances. 4-2015 00500 - 6 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and one to CONTRACTOR. This Agreement will be effective upon execution and attestation b authorized representatives of the City of Pearland and upon the following date: >(1 11 2090 OWNER: CITY OF PPUAND By: Title: ...�� Date: e. -1-0 --L-0 ATTEST CONTRACTOR: TDC2, LLC By::� Title: Vice President Date: May 6, 2020 ATTEST i Address for for giving notices TDC2, LLC 634 N Ballard Ave Wylie, TX 75098 Phone: 972-423-9080 Fax: 972-440-7287 Agent for service of process: Addison Wooton, Controller 972-423-9080 END OF SECTION (Corporate Seal) 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. +► Bond No.: 46K000471 CITY OFPEARLAND PERFORMANCE BOND Section 00610 1 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § LLC KNOW ALL MEN BY THESE PRESENTS: That TDC2, of the City of Wylie , County of Collin 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 Six Hundred Fifty Thousand, One Hundred Forty S en an 56/100 -- (Owner), in the penal sum of $ $650,147.56---- IOr�ie 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 66t day of w , 201b , (the "Contract") to commence and complete the construction of certain i provements described as follows: Magnolia Parkway Fiber Optic Network Connection - (Pearland Parkway to Harkey Road) City of Pearland, Texas COP PN: FA2004 BID NO.: 0220-20 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract Work and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and Contract Documents, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 12/2007 00610 - 1 of 2 CITY OFPEARLAND PERFORMANCE BOND IN WITNESS WHEI>EOF, the said Principal and Surety have signed and sealed this instrument this ay of /"( , 20.)0. Principal: TDC2, LLC By: Title: A • Address: 634 N. Ballard Ave Wylie, Texas 75098 Telephone: 972-423-9080 Fax: 972-578-0517 Surety: Liber Mutual Insurance Company By: Francine lay Title: Attorney -in -Fact Address: 7900 Windrose Ave. Plano, Texas 75024 Telephone: 469-997-2127 Fax: NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 12/2007 00610 - 2 of 2 Bond No.: 46K000471 CITY OF PEARLAND PAYMENT BOND Section 00611 PAYMENT BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That TDC2, LLC of the City of Wylie , County of Collin , and State of Texas, as principal, and Liberty Miitnal 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 $�S X147 S� `hy Thousand, One hundred Foment 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 64n day of A, , 20.1o, (the "Contract") to commence and complete the construction of certain i provements described as follows: Magnolia Parkway Fiber Optic Network Connection - (Pearland Parkway to Harkey Road) City of Pearland, Texas COP PN: FA2004 BID NO.: 0220-20 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor or material to him or a subcontractor in the prosecution of the Work provided for in said Contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 07/2006 00611 - 1 of 2 CITY OF PEARLAND PAYMENT BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this Gam' day of 41 c.7 , 201Z. Principal: TDC2, LLC By: —404 Title:_ uyK , !2� Arl Address: 634 N. Ballard Ave Wylie, Texas 75098 Telephone: 972-423-9080 Fax: 972-578-0517 Surety: Liberty Ifatual Insurance Company By: L� Francine Hay Title: Attorney -in -Fact Address: 7900 Windrose Ave. Plano, Texas 75024 Telephone: 469-997-2127 Fax: NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 07/2006 00611 - 2 of 2 Bond No.: 46K000471 CITYOFPEARLAND ONE-YEAR MAINTENANCE BOND Section 00612 ONE-YEAR MAINTENANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That `TOC -)—, LJ_ L of the City of Wylie , County of Collin , 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 princi l un ea , y nou d `gym �nl�o� d � eOann 4XIgf Pearland as Obligee (Owner), in the penal sum of $ s650.147.56--- orTor 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 0' day of _ , 20,Z -a (the "Contract") to commence and complete the construction of certain in1frovements described as follows: Magnolia Parkway Fiber Optic Network Connection - (Pearland Parkway to Harkey Road) City of Pearland, Texas COP PN: FA2004 BID NO.: 0220-20 which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully correct all such work not in accordance with the Contract Documents discovered within the one-year period from the date of substantial completion, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. 07/2006 00612 - 1 of 2 CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND IN WRESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of,_i , 201f. Principal: TDC2, LLC By: Title: /�A�, ��Gr�+L v✓ Address: 634 N. Ballard Ave Wylie, Texas 75098 Telephone: 972-423-9080 Surety: Liberty il tual Insurance Company By: v "--j------- Francine Illy Title: Attorney -in -Fact _ Address: 7900 Windrose Ave. Plano, Texas 75024 Telephone: 469-997-2127 Fax: 972-578-0517 Fax: NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 07/2006 00612 - 2 of 2 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. Liberty Liberty Mutual Insurance Company Mutual= The Ohio Casualty Insurance Company Certificate No: 8201355 SURETY West American Insurance Company POWER OFIATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation 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, Roxanne G. Brune, Sharon Cavanaugh, David R. Groppell, Sharen Groppell, Francine Hay, Beverly A. Ireland, Kurt A. Risk, Gloria Villa all of the city of Houston state of TX each individually if there be more than one named, its true and lawful attomey-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 4th day of June , 2019 . Liberty Mutual Insurance Company tNSU'o-1- SSV INgU - tNSU� The Ohio Casualty Insurance Company j2c,°aPOR,ro9y0� �`�2o°aPOi�rF`9y� UP=°aPOkroym West American Insurance Company 1912 0 0 1919 0 1991 dj1 s4CHU5� .dL � �MAMPS� a� �s �NDIANP aa3 �'7 r f David M. Carey, Assistant Secretary State of PENNSYLVANIA County of MONTGOMERY On this 4th day of June , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. SN PAST ftp ti�oMwF F� s� COMMONWEALTH OF PENNSYLVANIA Notarial Seal OF Teresa Pastella, Notary Public Upper Merlon Twp., Montgomery County By: My Commission Expires March 28, 2021 Id Member, Pennsylvania Association of Notaries Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: 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 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, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective 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 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 attomey-in-fact under 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. 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, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their 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 executed such instruments shall be as binding as if signed by the president and attested by the secretary. 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 attomeys-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. 1, Renee C. Llewellyn, the undersigned, Assistant Secretary, 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 day of P� 1NSU� �xY INSU d \NSUR4 j 3op0.Po�roy�c� r°°ravo�r�Qgy� `VP=°aro�r�y� 1912 0 1919 0 1991��y By. d��ssac"usE�dL ZOO MAMPg� as �s rNO1AN' da3 Renee C. Llewellyn, Assistant Secretary LMS -12873 LMIC OCIC WAIC Multi Co 062018 I— N W 00 0� C e) Cc OCo 1 O � O C Ct) o(D 90) o� is -Q >o A cA M C CO Oo U� 019 Liberty Mutual: SURETY TEXAS IMPORTANT NOTICE To obtain information or make a complaint: You may call toll-free for information or to make a complaint at 1-877-751-2640 You may also write to: 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance Consumer Protection (I I I A A) P. O. Box 149091 Austin, TX 78714-9091 FAX: (5 l 2) 490-1007 Web: bttp://www.tdi.texas.gov E-mail: ConsumerProtection tdi.texas. ov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should first contact the agent or call 1-800-843-6446. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. NP 70 68 09 01 LMS -1524210115 TEXAS AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis para informacion o para someter una queja al 1-877-751-2640 Usted tambien puede escribir a: 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas Consumer Protection (1 I I -1 A) P. O. Box 149091 Austin, TX 78714-9091 FAX # (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection aAtdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiena una disputa concerniente a su prima o a un reclamo, Bebe comunicarse con el agente o primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI) UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. CI77 OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT TABLE OF CONTENTS Page No. 1.0 DEFINITIONS AND INTERPRETATIONS 1 1.01 Owner, Contractor and Engineer 1.02 Contract Documents 1.03 Subcontractor 1.04 Written Notice 1.05 Work 1.06 Extra Work 1.07 Work Day 1.07-1 Rain Day 1.07-2 Impact Day 1.08 Calendar Day 1.09 Substantially Completed 1.10 Interpretation of Words and Phrases 1.11 Referenced Standards 1.12 Contract Time 1.13 Construction Inspector 1.14 Balancing Change Order 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 4 2.01 No Warranty of Design 2.02 Right of Entry 2.03 Ownership of Plans 10-2012 00700 - i CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 2.04 Changes and Alterations 2.05 Damages 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 6 3.01 Owner -Engineer Relationship 3.02 Keeping of Plans and Specifications Accessible 3.03 Preliminary Approval 3.04 Inspection by Engineer 3.05 Determination of Questions and Disputes 3.06 Recommendation of Payment 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 8 4.01 Independent Contractor 4.02 Contractor's Understanding 4.03 Laws and Ordinances 4.04 Assignment and Subletting 4.05 Performance and Payment Bonds [and Maintenance Bond] 4.06 Insurance 4.07 Permits and Fees 4.08 Texas State Sales Tax 4.09 Contractor's Duty and Superintendence 4.10 Character of Workers 4.11 Labor, Equipment, Materials, Construction Plant and Buildings 4.12 Sanitation 4.13 Cleaning and Maintenance 4.14 Performance of Work 4.15 Right of Owner to Accelerate the Work 10-2012 00700 - ii CITY OF PEA RLAND 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 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 6.01 Discrepancies and Omissions 6.02 Quantities and Measurements 21 10-2012 00700 - iii CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.03 Estimated Quantities 6.04 Price of Work 6.05 Payments 6.06 Partial Payments 6.07 Use of Completed Portions & Punchlist 6.08 Substantial Completion 6.08-1 6.09 Final Payment 6.10 Correction of Work Before Final Payment 6.11 Correction of Work After Final Payment 6.12 Payments Withheld 6.13 Delayed Payments 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 31 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 C1 10-2012 00700 - v CITY OF PEA RLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT 1.0 DEFINITIONS AND INTERPRETATIONS 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement. The term ENGINEER as used in these General Conditions shall refer to the Engineer or Architect identified in the Agreement, as applicable, and means a person authorized to act as a representative of the entity designated by the OWNER to provide professional services required in connection with the preparation of plans and specifications of this Contract. The term CONSTRUCTION MANAGER as used in these General Conditions shall refer to the Construction Manager identified in the Agreement, as applicable, and means a person authorized to act as representative of the entity designated by the OWNER to provide professional services required in connection with the performance of the work of this Contract. The Owner's representative on the project site shall be the CONSTRUCTION MANAGER or ENGINEER as designated. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of all of the documents identified in Article 8 of the Standard Form of Agreement, which documents, excluding such documents as may be delivered or issued after the Effective Date of the Agreement, as referenced in Article 8, shall be bound together in a Project Manual for the Work. All references to the "Contract" or the "Agreement" in these General Conditions of Agreement 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 CPIY OF PFARLAND GENERAL CONDITIONS OF AGREEMENT Owner, in advance, to perform work on Saturdays or Sundays and in so doing agrees to pay all charges and costs for Inspection and or Construction Management services required during the performance of any such approved work. Refer to paragraph 7.05 for procedure to determine cost for Construction Management and Inspection Services for work on non -work days. 1.07-1 RAIN DAY: As used herein, is defined as any WORK DAY during which weather related conditions prevent the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items as identified in the current construction schedule. CONTRACTOR shall record Rain Days on the Pay Application each month for the review and possible approval by the OWNER. The approved Rain Day is then added to the Contract Time. (See 1.12 Contract Time below) 1.07-2 IMPACT DAY: As used herein, is a day that is added to the CONTRACT TIME by the OWNER by Change Order to extend the Contract Time by one full Work Day. (See 1.12 Contract Time below) Impact Days, once approved by the OWNER, shall extend the Contract Time on a one-to-one basis to replace a Work Day lost to conditions that prevented the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items. Impact Days are added to the Contract Time by Change Order only at the end of the work and then only if, in the opinion of the OWNER, a time extension is warranted due to delays beyond the control of the Contractor and required to complete the work within the Contract Time. 1.08 CALENDAR DAY. A "calendar day" is any day of the week, month or year no days being excepted. Unless otherwise expressly provided, all references to "day(s)" shall mean calendar day(s). 1.09 SUBSTANTIALLY COMPLETED: The terms "Substantially Completed", or "Substantially Complete" or "Substantial Completion" as used in this Contract, shall mean that all major process components of the facility or work have been made suitable for use or occupancy, including appropriate documentation from the equipment suppliers that all of the individual components have been installed in accordance with the specifications and manufacturer's recommendations, the installations have been approved by the ENGINEER and the items have met the start-up and testing requirements of the contract documents or is deemed to be in a condition to serve its intended purpose or requires only minor miscellaneous work and adjustment to achieve Final Completion and Acceptance as determined by the ENGINEER. Upon compliance with the above referenced criteria, ENGINEER shall issue a Certificate of Substantial Completion. PARTIAL SUBSTANTIAL COMPLETION: designation will be given on components of the Work that must be placed into service prior to the completion of the entire Work. The contractor's One Year Warranty period for these items shall begin on the date of Partial Substantial Completion as designated by the ENGINEER. The ENGINEER shall determine and make all such designations. 1.10 INTERPRETATION OF WORDS AND PHRASES. Whenever the words "directed", "permitted", "designated", "required", "ordered", "considered necessary", "prescribed" or words of like import are used, it shall be understood that the direction, requirement, permission, order, opinion designation or prescription of the ENGINEER as the OWNER's representative is intended. Similarly, the words "approved", "acceptable", "satisfactory" or words of like import shall mean that no exception is taken by ENGINEER, but does not relieve CONTRACTOR of responsibility for compliance with the Contract Documents. 10-2012 00700 - 3 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Whenever in the Specifications or Plans of the Contract Documents, the terms of description of various qualities relative to finish, workmanship or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the ENGINEER as the OWNER's representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms or clauses defining the character of the work. 1.11 REFERENCED STANDARDS. No provision of any referenced standard specification, or manual shall be effective to change the duties and responsibilities of the Owner, Engineer, Contractor, or their consultants, employees, or representatives from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer or its consultants, employees, or representatives any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibilities contrary to provisions of the Contract Documents. 1.12 CONTRACT TIME The term Contract Time as used herein, refers to the number of Calendar days provided to complete the work or the date, stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with Paragraph 6.09 and as modified as a result of any authorized Extensions. The established Contract Time includes 40 Rain Days per year, based on the average number of rain days per year for the period of June 1898 to December 1996 as recorded by the Alvin Weather Center Record. The Contract Time shall only be extended by (a) the addition of Rain Days equal to the number of actual Rain Days in excess of 40 days per year and (b) the number of Impact Days granted for delays, in the opinion of the Owner, beyond the control of the Contractor. The extension of the Contract Time shall be the CONTRACTOR's sole and exclusive remedy for delays. 1.13 CONSTRUCTION INSPECTOR The term "Construction Inspector" here in includes those professionals engaged by the OWNER to ensure CONTRACT work's compliance with the specifications and any applicable statutory requirements. 1.14 BALANCING CHANGE ORDER is a change order executed during the close-out process that may add/remove pay items, or adjust quantities of existing items or remove unused pay items or quantities Balancing Change Orders are used to reconcile the unit cost of the work performed or installed by the Contractor. 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 2.01 NO WARRANTY OF DESIGN. It is understood that the OWNER MAKES NO WARRANTY OF THE ADEQUACY, ACCURACY OR SUFFICIENCY OF THE PLANS AND SPECIFICATIONS OR ANY OTHER DESIGN DOCUMENTS, AND OWNER HEREBY EXPRESSLY DISCLAIMS ANY SUCH WARRANTY, EXPRESSED OR IMPLIED. Prior to commencing each portion of the Work, CONTRACTOR shall carefully study and compare the relevant Contract Documents, shall observe conditions at the site affecting the Work, and shall take field measurements of existing conditions related to the Work. Any errors, omissions or 10-2012 00700 - 4 of 36 MY 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 CPIY 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 MY 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 fill 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 fiuther 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 OFPEARLAND 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 ENGWEER's written consent. OWNER reserves the right to bar any person, subcontractor, or supplier found to be incompetent, unfaithful, disorderly, or not using their best efforts to progress work or considered to be a threat to the health, safety and welfare to the project or workforce. 4.11 LABOR, EQUIPMENT, MATERIALS, CONSTRUCTION PLANT, AND BUILDINGS. The CONTRACTOR shall provide all labor, services, tools, equipment, machinery, supplies, facilities, utilities and materials necessary in the prosecution and completion of this Contract where it is not otherwise specifically provided that the OWNER shall furnish same; and further, the CONTRACTOR shall be responsible for the care, preservation, conservation and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction and any and all parts of the Work, whether the CONTRACTOR has been paid, partially paid or not paid for such Work, until the entire Work is completed and accepted. The building or placement of structures for housing workers or offices, or the erection of tents or other forms of protection, will be permitted only with the ENGINEER's written permission, and at 10-2012 00700 - 10 of 36 CTTY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. Any structures of any nature constructed, placed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection, placement or construction thereof; and the CONTRACTOR agrees to indemnify and hold the ENGINEER or OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, placement, construction or maintenance of CONTRACTOR's buildings or structures. 4.12 SANITATION. Necessary sanitary conveniences for the use of laborers and others on the Work site, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. Any structures of any nature constructed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection or construction thereof, and the CONTRACTOR agrees to indemnify and hold the ENGINEER and OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, construction or maintenance of CONTRACTOR's buildings. 4.13 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep and maintain the premises free from accumulation of debris, trash and waste. The CONTRACTOR shall remove waste, debris and trash at the end of each work day. CONTRACTOR shall remove all such debris, trash and waste, tools, scaffolding and surplus materials, and shall leave the Work broom -clean or its equivalent, upon completion of the Work. The Work shall be left in good order and condition. In case of dispute, the OWNER may remove the debris, trash, waste and surplus materials, and charge the cost to the CONTRACTOR. 4.14 PERFORMANCE OF WORK. It is further agreed that it is the intent of this Contract that all Work must be done and all material must be furnished in accordance with the generally accepted practice for such materials furnished or work completed, unless otherwise provided in the Contract Documents. 4.15 RIGHT OF OWNER TO ACCELERATE THE WORK. If at any time the methods or equipment used by the CONTRACTOR, or the work force supplied are found to be inadequate to achieve the progress required to Substantially Complete the Work within the Contract Time, the OWNER or the ENGINEER as the OWNER's representative, may order the CONTRACTOR in writing to supplement its forces and/or equipment, or work shifts or overtime, or otherwise improve its efficiency and rate of progress to achieve Substantial Completion of the Work within the Contract Time, and the CONTRACTOR shall comply with such order, at its own cost and expense. 4.16 LAYOUT OF WORK. Except as specifically provided herein, the CONTRACTOR shall be responsible for laying out work by means of construction surveying and shall accomplish this work in a manner acceptable to the ENGINEER and in conformance with the Contract Documents. 4.17 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in his own Work or in that of any other contractor, six (6) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules 10-2012 00700 - 11 of 36 CITY OFPEARLAAD 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 finnish 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 finnish 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 OFPEARLAND 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 pasty 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 fiuther 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 Rain Days per calendar year or an average of 3.33 days per calendar month. The CONTRACTOR is required to keep record of all weather related delays and to submit the monthly count on each Pay Application. The Owner's Representative shall review and sign off on this record as a part of the Pay Application approval process every month. If, during preparation of the Balancing Change Order, the status of the work progress requires an extension of the Contract Time, Impact Days shall be added to the Completion Date equal to the total number of Weather or Impact Days approved less the original 40 days resident in the original Contract Time. The Addition of Weather or Impact Days will only alter the Contract Time when added by Change Order. If the Work is completed prior to the Completion Date, No Days will be added. The addition of Weather or Impact Days shall be the CONTRACTOR's sole remedy for delays to the completion of the Work and their addition to the Contract Time shall not affect the Contract Price through any "per diem" adjustment to the General Conditions costs, Temporary Facilities costs or any other costs associated with the extension of the Contract Time. 5.03 HINDRANCES AND DELAYS. In executing the Contract, the CONTRACTOR agrees that in undertaking to complete the Work within the time herein fixed, he has taken into consideration and made allowances for all interference, disruption, hindrances and delays incident to such Work, whether growing out of delays in securing material, workmen or otherwise. No claim shall be made by the CONTRACTOR for damages, loss, costs or expense resulting from interference, disruption, hindrances or delays from any cause during the progress of any portion of the Work embraced in this Contract, except where the Work is stopped or suspended by order of the OWNER's representative and such stoppage or suspension is not attributable to any act or omission of CONTRACTOR. 5.04 SUSPENSION OF WORK. OWNER may, without cause, order the CONTRACTOR in writing to suspend the Work, in whole or in part, for such period of time as OWNER may request. The Contract Price and/or Contract Time shall be adjusted for any increase in the cost of or the time required for performance of the Work caused by such suspension. No adjustment shall be made to the extent performance was or would have been suspended by a cause for which CONTRACTOR is responsible, or to the extent an adjustment is made or denied under another provision of the Contract Documents. 5.05 LIQUIDATED DAMAGES FOR DELAY: It is understood and agreed that time is of the essence, and that the CONTRACTOR will commence the Work on the date specified herein or in any Notice to Proceed, and will Substantially Complete the Work within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the Substantial Completion of the Work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The CONTRACTOR further 10-2012 00700 - 19 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT agrees that a failure to complete on time will cause damage to the OWNER and that such damages cannot be accurately measured or that ascertainment will be difficult. Therefore, the parties agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the Contract Time, the CONTRACTOR shall pay, as liquidated damages and as a reasonable estimate of OWNER's damages, and not as a penalty, the amount set out in the Standard Form of Agreement. However, the foregoing agreement as to liquidated damages constitutes only an agreement by the OWNER and the CONTRACTOR as to the amount of damages which the OWNER will sustain by reason of the CONTRACTOR'S failure to complete the work within the Contract Time. Should the OWNER suffer damage by reason of any other breach by CONTRACTOR, the OWNER may recover such actual damages in addition to any liquidated damages due. The OWNER shall have the right to deduct and withhold the amount of any and all such damages whether it be the minimum amount stipulated above or otherwise, from any monies owing by it to said CONTRACTOR, or the OWNER may recover such amount from the CONTRACTOR and the sureties of his bond; all of such remedies shall be cumulative and the OWNER shall not be required to elect any one nor be deemed to have made an election by proceeding to enforce any one remedy. 5.06 CHANGE OF CONTRACT TIME: The Contract Time may only be changed by a Change Order. Any claim for an adjustment of Contract Time shall be based on written notice delivered by the party making such claim to the other party and to the ENGINEER promptly, but in no event later than ten (10) days after the event -giving rise to the claim. Notice of the extent of the claim, along with supporting data, shall be delivered within thirty (30) days of the occurrence and shall be accompanied by the claimant's written representation that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in Contract Time shall be determined by the ENGINEER in accordance with the requirements of this paragraph. Contractor shall submit, as a minimum, the following data: A. Information showing that the time requested is not included in the existing Contract and in addition to the Contract. B. Information documenting that the number of days requested is accurate for the event. C. Revised, current construction schedule showing that the time requested affects the project's critical path. 5.07 DELAYS BEYOND OWNER'S AND CONTRACTOR'S CONTROL: Where CONTRACTOR is prevented from completing any part of the Work within the Contract Time due to delays beyond the control of the OWNER and the CONTRACTOR, including, but not limited to, interference by utility owners or other contractors performing other work, Contractor shall be entitled to an extension of the Contract Time in an amount equal to the time lost. CONTRACTOR shall not be entitled to any increase in Contract Price as a result of such delays. IN NO EVENT SHALL OWNER BE LIABLE TO CONTRACTOR FOR DAMAGES ARISING OUT OF OR RESULTING FROM (i) Delays caused by, or within the control of, the CONTRACTOR, or (ii) Delays beyond the control of both parties including, but not limited to, interference by utility 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 retainage, and further less all previous payments and all further sums that may be retained or withheld by the OWNER under the terms of this Agreement. CONTRACTOR may submit a corrected application for payment after its receipt of the ENGINEER's notice of error or dispute, and such corrected application for payment shall be reviewed by the ENGINEER and disputed or paid under the same procedure and within the same time limits set out above. As a condition of any progress payment under this Agreement, CONTRACTOR shall execute and deliver to ENGINEER and OWNER a full release of all claims, direct or indirect, at law or in equity, arising out of or related to the Work to date, excluding retainage or any claims previously submitted as required under the terms of the Contract, and specifically identified and excluded by CONTRACTOR in the release. OWNER shall be entitled to retain from each progress payment five percent (5%) of the amount thereof. Such retainage shall be retained until Final Completion and satisfaction of all conditions for Final Payment. It is understood, however, that in case the whole Work be near to completion, as certified by the ENGINEER, and some unexpected or unusual delay occurs, through no neglect or fault on the part of the CONTRACTOR, the OWNER may, upon written recommendation of the ENGINEER, pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR, at the OWNER'S option, may be relieved of the obligation to fully complete the Work, and thereupon, the CONTRACTOR shall receive, at the OWNER'S option, payment of the balance due him under the Contract for Work completed in accordance with the Contract Documents, subject to OWNER's rights to otherwise withhold or retain payments, and subject to the conditions set forth under "6.08 FINAL PAYMENT." The Owner at its option and in compliance with Texas law may reduce retainage to less than the above -stated percentages. 6.07 USE OF COMPLETED PORTIONS & PUNCHLIST. The OWNER shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding that the time for completing the entire work or such portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the Work, the CONTRACTOR shall promptly and within three (3) days of OWNER's taking possession, give OWNER written notice of same, and CONTRACTOR may be entitled to such extra compensation or extension of time, or both, as may be determined in accordance with the provisions of this Agreement. 6.08 SUBSTANTIAL COMPLETION. The CONTRACTOR shall notify the OWNER AND ENGINEER, by letter executed by a duly qualified officer of CONTRACTOR, that in CONTRACTOR's opinion, the Work of the Contract, or an agreed portion thereof, is "Substantially Complete". Such notification shall include a list of all outstanding or incomplete items. Upon receipt, and within a reasonable time thereafter, of such notice, the ENGINEER and the CONTRACTOR shall jointly perform a walk-through and inspection of the Work to determine 10-2012 00700 - 23 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT the status of all or the identified portion of the work, and the ENGINEER shall prepare a detailed list of unfinished, incomplete, defective and/or non -conforming Work ("Punchlist"). If the ENGINEER determines that the Work is Substantially Complete in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR a Certificate of Substantial Completion. OWNER shall have seven (7) days after receipt of Certificate to make written objection to the ENGINEER as to any provision of the Certificate or the attached list of non -conforming work. If ENGINEER concludes that the Work is not Substantially Complete, ENGINEER will, within fourteen (14) days, notify CONTRACTOR of the reason he believes the Work is not Substantially Complete. Upon Substantial Completion of the Work, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities, pending 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. 6.12 PAYMENTS WMIHELD. 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 PEA RLAND 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 COMPANY NAME (hereafter "CONTRACTOR") and the City of Pearland (hereafter "OWNER") for the Projects known as Fiber Backbone - (Magnolia/John Lizer from Harkey to Pearland Parkway), 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 - B1 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: LIM ATTEST: Corporate Secretary (Corporate Seal) President [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 PEA RLAND 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 PEA RLAND GENERAL CONDITIONS OF AGREEMENT STATE OF TEXAS COUNTY OF 0 AFFIDAVIT 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 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 Reuresentations 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 - C I CITY OF PEA RLAND 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 4.1 GENERAL CONDITIONS OF AGREEMENT 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 1185; or ii. ISO form CG 20 26 1185; 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. 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 10-2012 00700 - C3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 Subro ag tion, 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. 4.4.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $5,000,000. 10-2012 00700- C4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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. 4.6.2 Covered Property. Such insurance shall cover: 10-2012 00700 - C5 CITY OF PEARLAND a. L3 C. d. e. f. Form a. GENERAL CONDITIONS OF AGREEMENT 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; all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) located at the site; all property including materials and supplies on site for installation; all property including materials and supplies at other locations but intended for use at the site; all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and other Work at the site identified in the Agreement to which this Exhibit is attached. 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. No protective safeguard warranty shall be permitted. Required coverage shall further include: Additional expenses due to delay in $ TBD completion of project (where applicable) Agreed value Included without sublimit Damage arising from error, omission or Included without sublimit deficiency in construction methods, design, specifications, workmanship or materials, including collapse Debris removal additional limit 25% of direct damage loss $ TBD $ TBD Earthquake (where applicable) Earthquake sprinkler leakage (where applicable) Expediting expenses Flood (where applicable) Freezing Mechanical breakdown, including hot & cold testing (where applicable) Notice of cancellation, non -renewal or material reduction — 60 days prior written notice to each insured $ TBD $ TBD Included without sublimit Included without sublimit Included 10-2012 00700 - C6 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT xii. Occupancy clause, as required in F, below xiii. Ordinance or law xiv. Pollutant clean-up and removal xv. Preservation of property xvi. Replacement cost xvii. Theft xviii. Waiver of subrogation as required in G, below. Included Included without sublimit $ TBD Included without sublimit Included Included without sublimit Included 4.6.3 Amount of Insurance. Coverage shall be provided in an amount equal at all times to the full replacement value and cost of debris removal for any single occurrence. 4.6.4 Deductibles. Deductibles shall not exceed the following: a. All Risks of Direct Damage, Per $5,000 Occurrence, except b. Delayed Opening Waiting Period 5 Days C. Flood, Per Occurrence $25,000 or excess of NFIP if in Flood Zone A, B or V d. Earthquake and Earthquake Sprinkler $25,000 Leakage, Per Occurrence 4.6.5 Termination of Coverage. The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed so long as such occupancy does not exceed 20% of the usable area of the property. This insurance shall be maintained in effect, unless otherwise provided for in the Contract Documents, until the earliest of the following dates: a. the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; b. the date on which final payment, as provided for in the Agreement to which this Exhibit is attached, has been made; or C. the date on which the insurable interests in the Covered Property of all insureds other than Contractor have ceased. 10-2012 00700 - C7 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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. 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. 10-2012 00700- C8 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 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 10-2012 00700 - C9 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 - CIO ACOROF CERTIFICATE OF LIABILITY INSURANCE 11*_� DATE (MM/DD/YYYY) 4/30/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 Marsh & McLennan Agency LLC 2500 City West Blvd., Suite 2400 Houston TX 77042 CONTACT NAME: Jessica Hanson PHONE FAX Arc N • 713-780-6196 A/c No:212-948 6296 AooRIESS: 'essica.hanson marshmma.com INSURERS AFFORDING COVERAGE NAIC 0 Y INSURER A : Continental Insurance Company 35289 6017219823 INSURED TDC21 INSURER B: Continental Casualty Company 20443 TDC2, LLC 634 N. Ballard INSURERC: INSURERD: Wylie TX 75098 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 72035520 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 OF INSURANCE ADDLTYPE INSD SUER POLICY NUMBER MM/DDPOLICY EFF MMIDD POLICY EXP LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y 6017219823 4/1/2020 4/1/2021 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE rx-1 OCCUR PR SES CE.occurrence) $100,000 MI MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JET F—] LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: 3 AUTOMOBILE LIABILITY Y Y 6017219837 4/1/2020 4/1!2021 COMBINED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident X HIREDX NON -OWNED AUTOS ONLY AUTOS ONLY a A X UMBRELLA LIAB X OCCUR Y Y 6046197096 4/1/2020 4/1/2021 EACH OCCURRENCE $ 7,000,000 AGGREGATE $ 7,000,000 EXCESS LAB CLAIMS -MADE DED I X I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE YM OFFICER/MEMBEREXCLUE N / A Y 617219840 4/1/2020 4/1/2021 PER X I I ER EIR E.L. EACH ACCIDENT $ 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Contractors' Equipment N N 6017219823 4/1/2020 4/1/2021 Scheduled Equipment 121,346 Leased/Rented Equip. 200,000 Deductible 1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The General Liability and Automobile Liability policies include a Blanket Additional Insured endorsement that provides additional insured status only where such status is required by a written contract. The General Liability, Automobile Liability and Workers' Compensation policies include a Blanket Waiver of Subrogation endorsement that provides this status only where such status is required by a written contract. The "Primary and Non-contributory" wording is included in the General Liability Additional Insured Endorsement where there is a written contract that requires such status. Re: COP Project #FA2004, Event #0220-20 Addendum 3, Magnolia Parkway Fiber Optic Network Connection - (Pearland Parkway to Harkey Road), City of See Attached... CERTIFICATE HOLDER CANCELLATION City of Pearland 3519 Liberty Drive Pearland, TX 77581 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPF3ESENTATIVE r1AZ;3____ -Brett Herrington ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: TDC21 LOC #: AnniTIMIAi OPRAAQLCc QM=nII ii GENCY NAMED INSURED Marsh & McLennan Agency LLC TDC2, LLC 634 N. Ballard POLICY NUMBER Wylie TX 75098 CARRIER I NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE D� a of Pearland, TX. Additional Insureds: City of Pearland (Owner), its successors and assigns, and the Engineer, any officers, employees, or agents of such persons or entities, and others as required by the Contract Documents, if any - applies per the Blanket Additional Insured endorsement which grants additional insured status only where such status is required by a written contract. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance 3. Bodily Injury — Expanded Definition 4. Broad Knowledge of Occurrence/ Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability - Railroads 8. Electronic Data Liability 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury — Exception for Reasonable Force 11. General Aggregate Limits of Insurance — Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability — Damage To Premises / Alienated Premises / Property In The Named Insured's Care, Custody or Control 16. Liquor Liability 17. Medical Payments 18. Non -owned Aircraft Coverage 19. Non -owned Watercraft 20. Personal And Advertising Injury — Discrimination or Humiliation 21. Personal And Advertising Injury - Contractual Liability 22. Property Damage - Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation — Blanket 26. Wrap -Up Extension: OCIP CCIP, or Consolidated (Wrap -Up) Insurance Programs CNA74705XX (1 - 15) Policy No: 6017219823 Page 1 of 17 Endorsement No: 6 The Continental Insurance Co. Effective Date: 04/01/2020 Insured Name: TDC2 , LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement.- (1) greement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through H. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises,- provided remises;provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The CNA74705XX (1-15) Policy No: 5017219823 Page 2 of 17 Endorsement No: 5 The Continental Insurance Co. Effective Date: 04/01/2020 Insured Name: TDC2, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. E. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. H. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: CNA74705XX (1-15) Page 3 of 17 The Continental Insurance Co. Insured Name: TDC2, LLC Copyright CNA All Rights Reserved Policy No: 6017219823 Endorsement No: 6 Effective Date: 04/01/2020 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. 2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY — EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or CNA74705XX (1-15) Policy No: 6017219823 Page 4 of 17 Endorsement No: 6 The Continental Insurance Co. Effective Date: 04/01/2020 Insured Name: TDC2, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement b. by reason of a Named Insured creating or acquiring the organization during thel policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k. and I. and replace them with the following: This insurance does not apply to: N k. Damage to Your Product N O 0 Property damage to your product arising out of it, or any part of it except when caused by or resulting from: 0 (1) fire; (2) smoke; (3) collapse; or (4) explosion. I. Damage to Your Work Property damage to your work arising out of it, or any part of it and included in the products -completed operations hazard. This exclusion does not apply: (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor; or CNA74705XX (1-15) Policy No: 6017219823 Page 5 of 17 Endorsement No: 6 The Continental Insurance Co. Effective Date: 04/01/2020 Insured Name: TDC2 , LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) If the cause of loss to the damaged work arises as a result of: (a) fire; (b) smoke; (c) collapse; or (d) explosion. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product -completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7. CONTRACTUAL LIABILITY — RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract,- b. ontract;b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY CNA74705XX (1 - 15) Policy No: 6017219823 Page 6 of 17 Endorsement No. 6 The Continental Insurance Co. Effective Date: 04/01/2020 Insured Name: TDC2 , LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of (1) any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, 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, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1) or (2) above. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to DEFINITIONS.- Electronic EFINITIONS: Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following: Property damage means: a. Physical injury to tangible property, including all resulting 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; 0 0 b. 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 c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. 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 insurance, electronic data is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for CNA74705XX (1-15) Policy No: 6017219823 Page 7 of 17 Endorsement No: 6 The Continental Insurance Co. Effective Date: 04/01/2020 Insured Name: TDC2 , LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All.- 1. II: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products -completed operations hazard will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. CNA74705XX (1-15) Page 8 of 17 The Continental Insurance Co. Insured Name: TDC2, LLC Copyright CNA All Rights Reserved. Policy No: 6017219823 Endorsement No: 6 Effective Date: 04/01/2020 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following.- b. ollowing: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: N This insurance does not apply to: s 0 Contractual Liability 0 0 the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud CNA74705XX (1 - 15) Policy No: 6017219823 Page 9 of 17 Endorsement No: 6 The Continental Insurance Co. Effective Date: 04/01/2020 Insured Name: TDC2 , LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: L add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; L Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and CNA74705XX (1-15) Policy No: 6017219823 Page 10 of 17 Endorsement No: 6 The Continental Insurance Co. Effective Date: 04/01/2020 Insured Name: TDC2 , LLC Copyright CNA All Rights Reserved. Includes copyrighted material o/ Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: CNA74705XX (1-15) Policy No: 6017219823 Page 11 of 17 Endorsement No: 5 The Continental Insurance Co. Effective Date: 04/01/2020 Insured Name: TDC2 , LLC copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement j. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products -completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: L tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured; c. property that is an auto, aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. CNA74705XX (1-15) Policy No: 6017219823 Page 12 of 17 Endorsement No: 6 The Continental Insurance Co. Effective Date: 04/01/2020 Insured Name: TDC2 , LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled 0 Exclusions is amended to delete the exclusion entitled Liquor Liability. 0 0 This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C — Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of. - (1) f: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. CNA74705XX (1 - 15) Policy No: 6017219823 Page 13 of 17 Endorsement No: 6 The Continental Insurance Co. Effective Date: 04/01/2020 Insured Name: TDC2 , LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 18. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to.- Knowing o:Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: CNA74705XX (1-15) Policy No: 6017219823 Page 14 of 17 Endorsement No: 6 The Continental Insurance Co. Effective Date: 04/01/2020 Insured Name: TDC2 , LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE —ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. CNA74705XX (1-15) Policy No: 6017219823 Page 15 of 17 Endorsement No: 6 The Continental Insurance Co. Effective Date: 04/01/2020 Insured Name: TDC2 , LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows.- A. ollows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor CNA74705XX (1-15) Page 16 of 17 The Continental Insured Name: TDC2 , Insurance Co. LLC Policy No: 6017219823 Endorsement No: 6 Effective Date: 04/01/2020 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 2. Bodily injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74705XX (1-15) Page 17 of 17 The Continental Insurance Co. Insured Name: TDC2, LLC Copyright CNA All Rights Reserved. Policy No: 6017219823 Endorsement No: 6 Effective Date: 04/01/2020 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or 0 B. a higher limit of insurance than required by the written contract. N IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Policy No: 6017219823 Page 1 of 2 Endorsement No: 8 The Continental Insurance Co. Effective Date: 04/01/2020 Insured Name: TDC2, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors -with Products -Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Policy No: 6017219823 Page 2 of 2 Endorsement No: 8 The Continental Insurance Co. Effective Date: 04/01/2020 Insured Name: TDC2, LLC copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. C!NA Policy Number: 6017219837 CNA63359XX (Ed. 04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1, does not apply to any such entity that is an "insured" under any other liability "policy" providing "auto" coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2. a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) "Bodily injury" or "property damage" caused by an "accident" that occurred before you acquired or formed the organization; or (2) Any such organization that is an "insured" under any other liability "policy" providing "auto" coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an "insured" but only with respect to their legal liability for acts or omissions of a person, who qualifies as an "insured" under Section II — Who Is An Insured and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. "Policy," as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered "auto," any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph AA.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section III, Paragraph AA.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600 CNA63359XX copyright, CNA Corporation, 2000. Page 1 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. Policy Number: 6017219837 D. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered "auto" you lease, hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your "employee" without a driver, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one "accident" or "loss" is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to "loss" caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned "autos." e. Such physical damage coverage for hired "autos" will: (1) Include loss of use, provided it is the consequence of an "accident" for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per "accident." E. Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. F. Electronic Equipment Section III, Paragraphs B.4.c and BA.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories. CNA63359XX (Ed. 04/12) d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the "diminution in value" exclusion does not apply to: a. Any covered "auto" of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a period of 30 days or less, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a "diminution in value" loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for "loss" to a covered "auto" in any one accident is the lesser of: (1) $5,000; or (2) 20% of the "auto's" actual cash value (ACV). III. Drive Other Car Coverage — Executive Officers The following is added to Sections II and III: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers," except: a. An "auto" owned by that "executive officer" or a member of that person's household; or b. An "auto" used by that "executive officer" while working in a business of selling, servicing, repairing or parking "autos." Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered "auto"; and CNA63359XX copyright, CNA corporation, 2000. Page 2 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. Policy Number: 6017219837 (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by- laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are "insureds" while using a covered "auto" described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.. (4) Your "employees" may know of an "accident" or "loss." This will not mean that you have such knowledge, unless such "accident" or "loss" is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your "employees" may know of documents received concerning a claim or "suit." This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or CNA63359XX (Ed. 04/12) damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an "accident" or "loss." C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to "Accident" or "Loss." E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. Paragraph C. is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. CNA63359XX copyright, CNA corporation, 2000. Page 3 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. Workers Compensation And Employers Liability Insurance CNAPolicy Endorsement TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDOF 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. F-] Specific Waiver Name of person or organization 0 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% 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: Refer to Schedule of Operations All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 42 03 04 B (06-2014) Policy No: WC 6 17219840 Policy Endorsement Effective Date: Endorsement Expiration Date: Effective Date: 04/01/2020 Policy Endorsement No: 6; Page: 1 of 1 Page: 37 of 42 Underwriting Company: Transportation Insurance Company, 333 S Wabash Ave, Chicago, IL 60604 0 Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. 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: Ed Kupferer, telephone: 281. 997. 5990 The CONSTRUCTION MANAGER is: Ed Kupferer telephone: 281. 997. 5990 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 rain days at the site. The record of rain days must be accepted and signed by the City Inspector monthly, and shall be reported on the monthly pay estimate submittal. At the end of the contract, the CONTRACTOR will be credited only for the number of accepted rain days that exceed 40 rain days per year, proportionate to the original Contract Time. General Notes: Sections 00100 Invitation to Bidders, 00200 Instructions to Bidders and 01505 Mobilization all make reference to provision by the CONTRACTOR of a laptop computer for use by the OWNER'S representative or CONSTRUCTION MANAGER. BIDDER is Not Required to 2-24-12 00800 - 1 of 2 CITY OF PEA RLAND 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 Texas Department of Transportation The wage rates listed are those predetermined by the Secretary of Labor and State Statue to be the minimum wages paid. To determine the applicable w< COUNTIES IDENTIFIED BY WAGE RATE ZONES" is provided in the contract. Any wage rate that is not listed must be submitted to the Engineer for apps PROJECTS; only the controlling wage rate zone applies to the contract. Effective 01-05-2018. CLASS. # CLASSIFICATION DESCRIPTION ZONE TX07 1/5/18 ZONE TX08 1/5/18 ZONE I TX11 1/5118 ZONE TX12 1/5/18 ZONE I TX14 1 /5/18 ZONE TX16 1/5118 ZONE I TX18 115/18 ZONE TX34 1/5/18 ZONE I TX35 1/5/18 ZONE TX37 1/5/18 ZONE 138 1/5/18a 1428 Agricultural Tractor Operator $15.23 $13.52 $17.04 $12.69 $16.99 $18.80 $12.35 1300 Asphalt Distributor Operator $14.87 $13.48 $13.88 $15.72 $15.58 $15.55 $15.72 $13.28 $15.32 $15.62 $14.36 1303 Asphalt Paving Machine Operator $13.40 $12.25 $12.35 $13.87 $14.05 $14.36 $14.20 $13.26 $13.99 $14.68 $12.92 1106 Asphalt Raker $12.28 $10.61 $12.02 $14.21 $11.65 $12.12 $11.64 $11.44 $12.69 $12.05 $11.34 1112 Batching Plant Operator, Asphalt $17.99 $17.99 1115 Batching Plant Operator, Concrete $16.86 $22.051 $21.51 $16.93 $21.07 $20.20 $20.76 1214 Blaster $12.28 $13.49 $13.40 $13.85 1 $13.04 $13.151 $13.29 $13.69 $12.641 $12.89 1615 Boom Truck Operator $12.77 $13.69 $12.33 $14.96 $18.36 $12.86 $13.57 $14.72 $13.75 $12.32 1444 Boring Machine Operator 1305 Broom or Sweeper Operator $11.21 $10.33 $10.08 $11.99 $10.71 $11.04 $11.62 $10.58 $11.74 $11.41 $10.30 1144 Communications Cable Installer $11.80 $11.53 $12.70 $12.17 $11.81 $12.27 $12.11 $11.33 $12.32 $11.80 $11.53 1124 Concrete Finisher, Paving and Structures $13.55 $12.46 $13.16 $12.85 $12.641 $12.56 $12.77 $12.44 $14,121 $13.04 $13.38 1318 Concrete Pavement Finishing Machine Operator $16.05 $15.48 $16.05 $19.31 1315 Concrete Paving, Curing, Float, Textunng Machine Operator $16.34 1333 Concrete Saw Operator $14.67 $14.48 $17.33 1399 Concrete/Gunite Pump Operator 1344 Crane Operator, Hydraulic 80 tons or less $18.22 $18.36 $18.12 $18.04 $20.21 1345 Crane Operator, Hydraulic Over 80 Tons 1342 Crane Operator, Lattice Boom 80 Tons or Less $16.82 $14.39 $13.85 $17.27 $15.87 $17.271 $14.67 1343 Crane Operator, Lattice Boom Over 80 Tons $20.52 $19.38 $20.52 $17.49 1306 Crawler Tractor Operator $13.96 $16.63 $13.62 $14.26 $15.67 $14.07 $13.15 $13.38 1351 Crusher or Screen Plant Operator 1446 Directional Drilling Locator $11.67 1445 1 utrecuonai uniing operator I I I I $2u.sz $1 l.24 1139 jElectncian 1 $20.961 1 $19.871 $19.801 1 $26.351 1 $20.271 $19.80 1 $20.92 134! I excavator Operator, 50,000 pounds or less $13.461 $12.56 $13.671 $17.19 1 $12.88 $14.381 $13.49 $17.191 $13.88 1348 1 Excavator Operator, Over 50,000 pounds $15.23 $13.52 $17.04 $17.71 $16.99 $18.80 $16.22 1150 Flagger $9.30 $9.10 $8.50 $10.28 $8.81 $9.45 $8.70 $10.06 $9.71 $9.03 1151 Form Builder/Setter, Structures $13.52 $12.30 $13.38 $12.91 $12.71 $12.87 $12.38 $12.26 $13.84 $12.98 $13.07 1160 Form Setter, Paving & Curb $12.36 $12.16 $13.93 $11.83 $10.71 $12.94 $13.16 $12.54 $11,33 1360 Foundation Drill Operator, Crawler Mounted $17.99 $17.99 1363 Foundation Dnll Operator, Truck Mounted $16.86 $22.051 $21.51 $16.93 $21.07 $20.20 $20.76 1369 Front End Loader Operator, 3 CY or Less $12.28 $13.49 $13.40 $13.85 1 $13.04 $13.151 $13.29 $13.69 $12.641 $12.89 1372 Front End Loader Operator, Over 3 CY $12.77 $13.69 $12.33 $14.96 $13.21 $12.86 $13.57 $14.72 $13.75 $12.32 1329 Joint Sealer 1172 Laborer, Common $10.30 $9.86 $10.08 $10.51 $10.71 $10.50 $10.24 $10.58 $10.72 $10.45 $10.30 1175 Laborer, Utility $11.80 $11.53 $12.70 $12.17 $11.81 $12.27 $12.11 $11.33 $12.32 $11.80 $11.53 1346 Loader/Backhoe Operator $14.18 $12.771 $12.971 $15.68 $14.12 $15.181 $13.58 $12.87 ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE CLASS.i CLASSIFICATION DESCRIPTION TX07 TX08 TX11 TX12 TX14 TX16 TX18 TX34 TX35 TX37 TX38 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5118 1/5/18 1/5/18 1/5118 1187 Mechanic $20.14 $15.47 $17.47 $17.74 $17.00 $17.10 $17.68 $18.94 $18.58 1380 Milling Machine Operator $15.54 $14.64 $12.22 $14.29 Painter, Structures $14.18 $14.32 $14.35 $12.86 1390 IMotor Grader Operator, Fine Grade $17.491 $16.52 $16.881 $17.12 $18.371 $18.51 $16.691 $16.13 $17.191 $18.35 $17.07 1393 Motor Grader Operator, Rough $16.15 $14.62 $15.83 $16.20 $17.07 $14.63 $18.50 $12.49 $16.02 $16.44 $15.12 1413 Off Road Hauler $16.22 $12.50 $10.08 $12.26 $11.88 $12.25 $12.23 1196 Painter, Structures Tunneling Machine Operator, Light $21.29 $18.34 1706 Welder 1396 Pavement Marking Machine Operator $16.42 $14.86 $13.10 $13.55 $19.17 $12.01 lWork Zone Barricade Servicer $13.63 $14.60 $13.17 1443 Percussion or Rotary Drill Operator $10.771 1 $11.681 $12.20 $11.22 1202 Piledriver 1205 Pipelayer $11.87 $14.64 $13.17 $11.17 $12.79 $11.37 $13.24 $12.66 $13.24 1384 Reclaimer/PulverizerOperator $12.85 $11.90 $12.88 $11.01 $10.46 1500 Reinforcing Steel Worker $13.50 $14.07 $17.53 $16.17 $14.00 $16.18 $12.74 $15.83 1402 Roller Operator, Asphalt $10.95 $11.96 $13.29 $12.78 $11.61 $13.08 $12.36 $11.68 1405 Roller Operator, Other $10.36 $10.44 $11.82 $10.50 $11.64 $11.51 $10.59 $10.30 1411 Scraper Operator $10.61 $11.07 $10.851 $12.88 1 $12.27 1 $11.12 $12.961 $11.88 $12.43 1417 Self -Propelled Hammer Operator 1194 Servicer $13.98 $12.34 $14.11 $14.74 $14.51 $15.56 $13.44 $14.58 $14.31 $13.83 1513 Sign Erector 1708 Slurry Seal or Micro -Surfacing Machine Operator 1341 Small Slipfonn Machine Operator $15.96 1515 Spreader Box Operator $12.60 $13.121 $14.71 1 $14.04 1 $14.731 $13.84 $13.68 1705 Structural Steel Welder 1509 Structural Steel Worker $19.29 1339 Subgrade Trimmer 1143 Telecommunication Technician 1145 Traffic Signal/Light Pole Worker $16.00 1440 Trenching Machine Operator, Heavy 1 $18.48 1437 Trenching Machine Operator, Light 1609 JTruCkDrrvWLowboy-Float 1 $14.461 $13.631 $13.411 $15.001 $15.931 $15.661 1 1 $16.241 $16.391 $14.30 1612 Truck Driver Transit -Mix 1 $14.141 1 1 1 1 $14.14 1600 1 Truck Driver, Single Axle $12.74 $10.821 $10.75 $13.04 $11.611 $11.79 $13.531 $13.16 $12.311 $13.40 $10.30 1606 Truck Driver, Single or Tandem Axle Dump Truck $11.33 $14.53 $11.95 $12.95 $11.68 $14.06 $12.62 $11.45 $12.28 1607 Truck Driver, Tandem Axle Tractor with Semi Trailer $12.49 $12.12 $12.50 $13.42 $12.81 $13.16 $12.86 $16.22 $12.50 1441 Tunneling Machine Operator, Heavy 1442 Tunneling Machine Operator, Light 1706 Welder $14.02 $14.86 $15.97 $13.74 $14.84 1520 lWork Zone Barricade Servicer $10.30 $12,881 $11.46 $11.701 $11.571 $11.851 $10.771 1 $11.681 $12.20 $11.22 Notes: Any worker employed on this project shall be paid at the rate of one and one half (1-1/2) times the regular rate for every hour worked in excess of forty (40) hours per wee The titles and descriptions for the classifications listed here are further detailed in the AGC of Texas' Standard Job Classifications and Descriptions for Highway, Heavy, Texas. AGC will make it available on its Web site for any contractor. TEXAS COUNTIES IDENTIFIED BY WAGE RATE ZONES: 7, 8, 11, 12, 14, 16, 18, 34, 35, 37, 38, 40, 41, 54, 56, 63 County Name Zone County Name Zone County Name Zone County Name Zone Anderson 38 Donley 54 Karnes 37 Reagan 54 Andrews 54 Duval 41 Kaufman 35 Real 54 Angelina 38 Eastland 54 Kendall 16 Red River 38 Aransas 40 Ector 7 Kenedy 41 Reeves 18 Archer 35 Edwards 18 Kent 54 Refugio 37 Armstrong 7 EI Paso 34 Kerr 37 Roberts 54 Atascosa 16 Ellis 35 Kimble 54 Robertson 16 Austin 56 Erath 38 King 54 Rockwall 35 Bailey 54 Falls 38 Kinney 18 Runnels 54 Bandera 16 Fannin 38 Kleberg 37 Rusk 11 Bastrop 16 Fayette 37 Knox 54 Sabine 38 Baylor 54 Fisher 54 Lamar 38 San Augustine 38 Bee 37 Floyd 54 Lamb 54 San Jacinto 56 Bell 16 Foard 54 Lampasas 16 San Patricio 40 Bexar 16 Fort Bend 56 LaSalle 41 San Saba 54 Blanco 37 Franklin 38 Lavaca 37 Schleicher 54 Borden 54 Freestone 38 Lee 37 Scurry 54 Bosque 38 Frio 37 Leon 38 Shackelford 54 Bowie 11 Gaines 54 Liberty 56 Shelby 38 Brazoria 56 Galveston 56 Limestone 38 Sherman 54 Brazos 16 Garza 54 Lipscomb 54 Smith 11 Brewster 18 Gillespie 37 Live Oak 37 Somervell 38 Briscoe 54 Glasscock 54 Llano 37 Starr 41 Brooks 41 Goliad 40 Loving 54 Stephens 54 Brown 54 Gonzales 37 Lubbock 7 Sterling 54 Burleson 16 Gray 54 Lynn 54 Stonewall 54 Burnet 37 Grayson 35 Madison 38 Sutton 18 Caldwell 16 Gregg 11 Marion 38 Swisher 54 Calhoun 40 Grimes 38 Martin 54 Tarrant 35 Callahan 35 Guadalupe 16 Mason 37 Taylor 7 Cameron 8 Hale 54 Matagorda 37 Terrell 18 Camp 38 Hall 54 Maverick 41 Terry 54 Carson 7 Hamilton 38 McCulloch 54 Throckmorton 54 Cass 38 Hansford 54 McLennan 16 Titus 38 Castro 54 Hardeman 54 McMullen 41 Tom Green 7 Chambers 56 Hardin 56 Medina 16 Travis 16 Cherokee 38 Harris 56 Menard 54 Trinity 38 Childress 54 Harrison 63 Midland 7 Tyler 38 Clay 35 Hartley 54 Milam 38 Upshur 11 Cochran 54 Haskell 54 Mills 54 Upton 54 Coke 54 Hays 16 Mitchell 54 Uvalde 41 Coleman 54 Hemphill 54 Montague 54 Val Verde 18 Collin 35 Henderson 38 Montgomery 56 Van Zandt 38 Collingsworth 54 Hidalgo 8 Moore 54 Victoria 14 Colorado 37 Hill 38 Morris 38 Walker 38 Comal 16 Hockley 54 Motley 54 Waller 56 Comanche 54 Hood 38 Nacogdoches 38 Ward 54 Concho 54 Hopkins 38 Navarro 38 Washington 38 Cooke 54 Houston 38 Newton 38 Webb 8 Coryell 16 Howard 54 Nolan 54 Wharton 37 Cottle 54 Hudspeth 18 Nueces 40 Wheeler 54 Crane 54 Hunt 35 Ochiltree 54 Wichita 12 Crockett 18 Hutchinson 54 Oldham 54 Wilbarger 54 Crosby 7 Idon 7 Orange 56 Willacy 41 Culberson 18 Jack 38 Palo Pinto 38 Williamson 16 Dallam 54 Jackson 37 Panola 38 Wilson 16 Dallas 35 Jasper 38 Parker 35 Winkler 54 Dawson 54 Jeff Davis 18 Parmer 54 Wise 35 Deaf Smith 54 Jefferson 56 Pecos 18 Wood 38 Delta 35 Jim Hogg 41 Polk 38 Yoakum 54 Denton 35 Jim Wells 37 Potter 7 Young 54 DeWitt 37 Johnson 35 Presidio 18 Zapata 41 Dickens 54 Jones 35 Rains 38 Zavala 41 Dimmit 41 Randall 7 01-05-2018 CITY OF PEARLAND Section 00900 ADDENDUM NO. # Date: [mm dd, yyyy] ADDENDUM [NOTE TO SPECIFIER: Please read this entire section carefully; edit, add, modify as appropriate and/or necessary for your project; coordinate all changes with the City prior to issuance and; DELETE THIS TEXT BOX PRIOR TO PRINTING.] PROJECT: [Project name; project limits] BID NO.: [200#-###] BID DATE: [Date; time] FROM: [Responsible engineer] [Title] [Firm name] [Firm address] 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: [Insert as needed] SPECIFICATIONS: [Insert as needed] CONSTRUCTION DRAWINGS: [Insert as needed] END OF ADDENDUM NO. [#] [Responsible engineer] [Title] 2-22-12 00900 - 1 of 1 House Bill 89 Verification I, Scott Mackinaw (Person name), the undersigned representative (hereafter referred to as "Representative") of TDC2 LLC (company or business name, hereafter referred to as `Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: That Representative is authorized to execute this verification on behalf of Business Entity: 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Pearland: and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with. or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of 20 ff EDUARDO GAIRCIA NAVA Notary Public Notary ID x131606895My Commission Expires June 15. 2022 CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 1 TECHNICAL SPECIFICATIONS DIVISION I GENERAL REQUIREMENTS 04/2008 Section 01100 SUMMARY OF WORK 1.0 GENERAL 1.1 SECTION INCLUDES A A summary of the Work to be performed under this Contract, work by Owner, Owner furnished products, Work sequence, future Work, Contractor's use of Premises, and Owner occupancy. 1.2 WORK COVERED BY CONTRACT DOCUMENTS A The Dixie Farm Road project will create a new fiber optic connection between the City's network connection at the intersection of Dixie Farm Road and FM 518 (E Broadway Street) and the Wastewater Treatment Facility along Dixie Farm Road and two traffic controller cabinets along Dixie Farm Road. The fiber optic connection will carry 96 -strand single mode fiber from the traffic controller cabinet at the Dixie Farm Road and FM 518 intersection to the treatment plant and a 12 -strand single mode fiber to connect the existing traffic signal cabinets at the McGinnis Drive and McDonald Drive intersections along Dixie Farm Road via 4" HDPE with 4-1" inner ducts. The Old Alvin Road project will create a new fiber optic connection between the City's network connection at the Alice water tower control building and the new Fire Station #1 location at the intersection of McHard Road and Old Alvin Road. The fiber optic connection will carry 96 -strand single mode fiber the entire project length of 2,600 feet via 4" HDPE with 4-1" inner ducts. The Pearland Parkway project will begin at the intersection of Oiler Drive and Pearland Parkway then travels north to Liberty Drive (Independence Park entrance). At Liberty Drive, the network will branch north to the intersection of John Lizer and Pearland Parkway and go the northeast along Liberty Drive (and through Independence Park) to the Pearland City Hall. The John Lizer network connection will carry a 96 -strand single mode fiber from the traffic controller cabinet at the Oiler Drive and Pearland Parkway intersection to City Hall via 4" HDPE with 4-1" inner ducts. A 12 -strand single mode fiber will be carried from the Oiler Drive and Pearland Parkway intersection to the traffic controller cabinet at the intersection of John Lizer and Pearland Parkway via 4" HDPE with 4-1" inner ducts. 1.3 WORK BY OWNER A Deleted 1.4 OWNER FURNISHED PRODUCTS A Deleted CITY OF PEARLAND SUMMARY OF WORK 05/2008 01100 - 2 of 2 1.5 WORK SEQUENCE A See construction narrative in plans. B Contractor to submit project schedule to Engineer & Owner for approval as specified in Section 01350 — Submittals. C Contractor shall coordinate the Work with the Engineer and Owner as specified in Section 0 13 10 - Coordination and Meetings. 1.6 FUTURE WORK A N/A CITY OF PEARLAND SUMMARY OF WORK 05/2008 01100 - 2 of 2 1.7 CONTRACTOR'S USE OF PREMISES A Comply with procedures for access to the site and Contractor's use of rights-of-way as specified in Section 01140 - Contractor's Use of Premises. B Contractor shall be responsible for all utilities required for construction. 1.8 OWNER OCCUPANCY A Cooperate with the Owner to minimize conflict, and to facilitate the Owner's operations. Coordinate Contractor's activities with Engineer. B Schedule Work to accommodate this requirement. 2.0 PRODUCTS - Not Used 3.0 EXECUTION -Not Used END OF SECTION CITY OF PEARLAND SUMMARY OF WORK 05/2008 01100 - 2 of 2 CITY OF PEA RLAND 1.0 1.1 1.2 1.3 02/2008 GENERAL CONTRACTOR'S USE OF PREMISES Section 01140 CONTRACTOR'S USE OF PREMISES SECTION INCLUDES A General use of the Project Site including properties inside and outside of the limits of construction, work affecting roads, ramps, streets and driveways and notification to adjacent occupants. B References to Technical Specifications: 1 Section 01350 — Submittals 2 Section 01730 — Cutting & Patching 3 Section 01555 — Traffic Control & Regulation 4 Section 01562 — Waste Material Disposal 5 Section 01720 — Field Surveying 6 Section 02980 — Pavement Repair 7 Section 02770 — Curbs, Curb & Gutter, & Headers 8 Section 02255 — Bedding, Backfill, & Embankment Materials 9 Section 02922 — Sodding 10 Section 02921 — Hydromulch Seeding SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. LIMITS OF CONSTRUCTION A Confine access, operations, and storage areas to limits of construction as shown on the Plans provided by Owner as stipulated in Section 00700 — General Conditions of Agreement; trespassing on abutting lands or other lands in the area is not allowed. B Contractor may make arrangements, at Contractor's cost, for temporary use of private properties, in which case Contractor and Contractor's surety shall indemnify and hold harmless the Owner against claims or demands arising from such use of properties outside of the limits of construction. 1. Improvements to private properties made for the Contractor's use mustbe removed upon completion of the Work. a. No fill material maybe placed in temporary work areas or on adjacent private properties without the written permission of the Engineer or the issuance of a Fill Permit by the City of Pearland or other governing entity. C Restrict total length which materials may be distributed along the route of the construction at any one time to 1,000 linear feet unless otherwise approved by Engineer. 01140-1of4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES 1.4 PROPERTIES OUTSIDE OF LIMITS OF CONSTRUCTION A Altering the condition of properties adjacent to and along the limits of construction will not be permitted unless authorized by the Engineer and property owner(s). B Means, methods, techniques, sequences, or procedures which will result in damage to properties or improvements in the vicinity outside of the limits of construction will not be permitted. C Any damage to properties outside of the limits of construction shall be repaired or replaced to the satisfaction of the Engineer and at no cost to the Owner. D Contractor shall protect or replace all property corners, monuments or other demarcations disturbed, damaged or lost as a result of his activities. The replacement of these devices shall be properly documented to the satisfaction of the City by a Registered Public Land Surveyor with copies delivered to the Owner or private property owner. 1.5 USE OF SITE A Obtain approvals of governing authorities prior to impeding or closing public roads or streets. Do not close consecutive intersections simultaneously B Notify Engineer 48 hours prior to closing a street or a street crossing. Permits for street closures are required in advance and are the responsibility of the Contractor. C Maintain access for emergency vehicles including access to fire hydrants. D Avoid obstructing drainage ditches or inlets; when obstruction is unavoidable due to requirements of the Work, provide grading and temporary drainage structures to maintain unimpeded flow. E Locate and protect private lawn sprinkler systems which may exist on rights -of -ways within the Project Site. Repair or replace damaged systems to condition equal to or better than that existing at start of the Work. F When required by the Work, cutting, patching, and fitting of Work to existing facilities, accommodating installation or connection of Work with existing facilities, or uncovering Work for access, inspection, or testing shall be performed in accordance with Section 01730 — Cutting & Patching. G Fires are not permitted on the Project Site. 1.6 NOTIFICATION TO ADJACENT OCCUPANTS A Notify individual occupants in areas to be affected by the Work of the proposed construction and time schedule. Notification shall be 24 hours, 72 hours and 2 weeks prior to work being performed within 200 feet of the homes orbusinesses. 02/2008 01140 -2 of 4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES B Include in notification names and telephone numbers of two representatives for resident contact, who will be available on 24-hour call. Include precautions which will be taken to protect private property and identify potential access or utility inconvenience or disruption. C Submit proposed notification to Engineer for approval. Consideration shall be given to the ethnicity of the neighborhood where English is not the dominant language. Notice shall be in an understandable language. 1.7 EXCAVATION IN STREETS AND DRIVEWAYS A Avoid hindering or needlessly inconveniencing public travel on a street or any intersecting alley or street for more than two blocks at any one time, except by permission of the Engineer. B Obtain the Engineer's approval when the nature of the Work requires closing of an entire street. Permits required for street closure are the Contractor's responsibility. Avoid unnecessary inconvenience to abutting property owners. C Remove surplus materials and debris and open 1000 feet or less for public use as work in that block is complete. D Acceptance of any portion of the Work will not be based on return of street to public use. E Avoid obstructing driveways or entrances to private property. F Provide temporary crossing or complete the excavation and backfill in one continuous operation to minimize the duration of obstruction when excavation is required across drives or entrances. G Provide barricades and signs in accordance with Section 01555 — Traffic Control & Regulation. 1.8 CLEAN-UP A Maintain Project Site in a neat and orderlymanner. B Perform daily clean-up in and around construction zone of dirt, debris, scrap materials, other disposable items. C Leave streets, driveways, and sidewalks broom -clean or its equivalent at the end of each work day. D Promptly remove barriers, signs, and components of other control systems that are no longer being utilized. E Dispose of waste and excess materials in accordance with requirements of Section 01562 — Waste Material Disposal. 02/2008 01140 - 3 of 4 CITY OF PEARLAND 1.9 RESTORATION CONTRACTOR'S USE OF PREMISES A Restore damaged permanent facilities to pre -construction conditions unless replacement or abandonment of facilities is indicated on the Plans. B Repair/Replace removed or damaged pavement in accordance with Section 02980 — Pavement Repair and removed or damaged curbs, gutters, and headers in accordance with Section 02770 — Curbs, Curb & Gutter, & Headers. Repair/Replace with like materials to match existing style, lines, grades, etc., unless otherwise directed by Engineer. C Repair turf areas which become damaged by Contractor's operations at no additional cost to Owner. Level with bank sand or topsoil, conforming to Section 02255 — Bedding, Backfill, & Embankment Materials, as approved by the Engineer. Provide sodding in areas of residential land use over the surface of ground disturbed during construction and not paved, or not designated to be paved, in accordance with Section 02922 — Sodding. Use only block sodding; do not use spot sodding or sprigging Provide hydromulch seeding in areas of commercial, industrial or undeveloped land use over the surface of ground disturbed during construction and not paved, or not designated to be paved, in accordance with Section 02921 — Hydromulch Seeding. Water and level newly sodded areas with adjoining turf using steel wheel rollers appropriate for sodding. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - Not Used END OF SECTION 02/2008 01140 - 4 of 4 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES Section 01200 MEASUREMENT AND PAYMENT PROCEDURES 1.0 GENERAL 1.1 SECTION INCLUDES A Procedures for measurement and payment ofWork. B Conditions for nonconformance assessment and nonpayment for rejectedproducts. C References to Technical Specifications: See Bid Proposal Sheet D Reference Standards: 1. Concrete Reinforcing Steel Institute (CRSI) 2. American Institute of Steel Construction (AISC) 1.2 AUTHORITY A Units and methods delineated in this Section are intended to complement the criteria of the Technical Specifications and Section 00300 — Bid Proposal. B In the event of conflict, the unit specified for Bid Items in Section 00300 — Bid Proposal shall govern. C Measurements and quantities submitted by the Contractor will be verified by the Engineer. D Contractor shall provide necessary equipment, workers, and survey personnel as required by Engineer to verify quantities. 1.3 UNIT QUANTITIES SPECIFIED A Quantity and measurement estimates stated in Section 00300 — Bid Proposal are for contract purposes only. Quantities and measurements supplied or placed in the Work, authorized and verified by Engineer shall determine payment as stated in Section 00700 — General Conditions of Agreement. B If the actual Work requires greater or lesser quantities than those quantities indicated in Section 00300 — Bid Proposal, provide the required quantities at the unit prices contracted except as otherwise stated in Section 00700 — General Conditions of Agreement or in executed Change Order. 1.4 MEASUREMENT OF QUANTITIES A Measurement by Weight: Reinforcing steel, rolled or formed steel or other metal shapes will be measured by CRSI or AISC Manual of Steel Construction weights. Welded assemblies will be measured by CRSI or AISC Manual of Steel Construction or scale weights. 05/2007 01200 - 1 of 3 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES B Measurement by Volume: 1. Stockpiles: Measured by cubic dimension using mean length, width, and height or thickness. 2. Excavation and Embankment Materials: Measured by cubic dimension using the average end area method. C Measurement by Area: Measured by square dimension using mean length and width or radius. D Linear Measurement: Measured by linear dimension, at the item centerline or mean chord. E Stipulated Price Measurement: By unit designated in the agreement. F Other: Items measured by weight, volume, area, or lineal means or combination, as appropriate, as a completed item or unit of the Work. 1.5 PAYMENT A Payment includes full compensation for all required supervision, labor, products, tools, equipment, plant, transportation, services, and incidentals; and erection, application or installation of an item of the Work; and Contractor's overhead and profit. The price bid shall include the total cost for required Work. Claims for payment as Unit Price Work not specifically covered in Section 00300 — Bid Proposal will not be accepted. B Progress Payments for Unit Price Work will be based on the Engineer's observations and evaluations of quantities incorporated in the Work multiplied by the unitprice. C Progress Payments for Lump Sum Work will be based on the Engineer's observations and evaluations of the percentage of quantities included in the schedule of values incorporated in the Work. D Final Payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities determined by Engineer multiplied by the unit price for Work which is incorporated in or made necessary by the Work. E All fiber optic splices are incidental to the unit cost of splice enclosures and patch panels. Unit costs of those items should incorporate the labor and materials necessary to splice and /or terminate the individual fiber optic strands. 1.6 NONCONFORMANCE ASSESSMENT A Remove and replace the Work, or portions of the Work, not conforming to the Contract Documents. B If, in the opinion of the Engineer, it is not practical to remove and replace the Work, the Engineer will direct one of the following remedies: 1. The nonconforming Work will remain as is, but the unit price will be adjusted to a lower price at the discretion of the Engineer. 2. The nonconforming Work will be modified as authorized by the Engineer, 05/2007 01200 - 2 of 3 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES and the unit price will be adjusted to a lower price at the discretion of the Engineer, if the modified Work is deemed to be less suitable than originally specified. C Individual Technical Specifications may modify these options or may identify a specific formula or percentage price reduction. D The authority of the Engineer to assess the nonconforming Work and identifypayment adjustment is final. 1.7 NONPAYMENT FOR REJECTED PRODUCTS A Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable to Engineer. 2. Products determined as nonconforming before or afterplacement. 3. Products not completely unloaded from transporting vehicle. 4. Products placed beyond the lines and levels of the requiredWork. 5. Products remaining on hand after completion of the Work, unless specified otherwise. 6. Loading, hauling, and disposing of rejectedproducts. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - Not Used END OF SECTION 05/2007 01200 - 3 of 3 CITY OF PEARLAND Section 01290 CHANGE ORDER PROCEDURES CHANGE ORDER PROCEDURES 1.0 GENERAL 1.1 SECTION INCLUDES A Procedures for processing Change Orders, including: 1. Assignment of a responsible individual for approval and communication of changes in the Work; 2. Documentation of change in Contract Price and Contract Time; 3. Change procedures, using proposals and construction contract modifications, Work Change Directive, Stipulated Price Change Order, Unit Price Change Order, Time and Materials Change Order; 4. Execution of Change Orders; 5. Correlation of Contractor Submittals. B References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01760 — Project Record Documents C Other References: 1. Rental Rate Blue Book for Construction Equipment (Data Quest Blue Book). Rental Rate is defined as the full unadjusted base rental rate for the appropriate item of construction equipment. 1.2 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.3 RESPONSIBLE INDIVIDUAL A Contractor shall provide a letter indicating the name and address of the individual authorized to execute change documents, and who shall also be responsible for informing others in Contractor's employ and Subcontractors of changes to the Work. The information shall be provided at the Preconstruction Conference. 1.4 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND CONTRACT TIME A Provide full information required for identification and evaluation of proposed changes, and to substantiate costs of proposed changes in the Work. B Contractor shall document each Proposal for Change in cost or time with sufficient data to allow for its evaluation. 02/2008 01290 -1 of 4 CITY OF PEA RLAND CHANGE ORDER PROCEDURES C Proposal for Change shall include, as a minimum, the following information as applicable: 1. Original Quantities of items in Section 00300 — Bid Proposal with additions, reductions, deletions, and substitutions. 2. When Work items were not included in Section 00300 — Bid Proposal, Contractor shall provide unit prices for the new items, with supporting information as required by the Engineer. 3. Justification for any change in Contract Time. 4. Additional data upon request. D For changes in the Work performed on a time -and -material basis, the following additional information may be required: 1. Quantities and description of products and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit as noted in Section 00700 — General Conditions of Agreement, 7.03 "Extra Work". 4. Dates and times work was performed, and bywhom. 5. Time records and certified copies of applicable payrolls. 6. Invoices and receipts for products, rented equipment, and subcontracts, similarly documented. E Rented equipment will be paid to the Contractor by actual invoice cost for the duration of time required to complete the extra work. If the extra work comprises only a portion of the rental invoice where the equipment would otherwise be on the site, the Contractor shall compute the hourly equipment rate by dividing the actual monthly invoice by 176. (One day equals 8 hours and one week equals 40 hours.) Operating costs shall not exceed the estimated operating costs given for the item of equipment in the Blue Book. F For changes in the work performed on a time -and -materials basis using Contractor - owned equipment, compute rates with the Blue Book as follows: 1. Multiply the appropriate Rental Rate by an adjustment factor of 70 percent plus the full rate shown for operating costs. The Rental Rate utilized shall be the lowest cost combination of hourly, daily, weekly or monthly rates. Use 150 percent of the Rental Rate for double shifts (one extra shift perday) and 200 percent of the Rental Rate for more than two shifts per day. No other rate adjustments shall apply. 2. Standby rates shall be 50 percent of the appropriate Rental Rate shown in the Blue Book. Operating costs will not be allowed. 1.5 CHANGE PROCEDURES A Changes to Contract Price or Contract Time can only be made by issuance of a Change Order. Issuance of a Work Change Directive or written acceptance by the Engineer of changes will be formalized into Change Orders. All such changes will be in accordance with the requirements of Section 00700 — General Conditions of Agreement, 7.01 "Change Orders". 02/2008 01290 - 2 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES B The Engineer will advise Contractor of Minor Changes in the Work not involving an adjustment to Contract Price or Contract Time as authorized by Section 00700 — General Conditions of Agreement, 7.02 "Minor Changes", by issuing supplemental instructions. C Contractor may request clarification of Plans, Technical Specifications or Contract Documents or other information. Response by the Engineer to a Request for Information does not authorize the Contractor to perform tasks outside the scope of the Work. All changes must be authorized as described in this Section. 1.6 PROPOSALS FOR CHANGE AND CONTRACT MODIFICATION A The Engineer may issue a Request for Proposal, which includes a detailed description of a proposed change with supplementary or revised Plans and Technical Specifications. The Engineer may also request a proposal in the response to a Request for Information. Contractor will prepare and submit its Proposal for Change within 7 days or as specified in the request. B The Contractor may propose an unsolicited change by submitting a Proposal for Change to the Engineer describing the proposed change and its full effect on the Work, with a statement describing the reason for the change and the effect on the Contract Price and Contract Time including full documentation. 1.7 WORK CHANGE DIRECTIVE A Engineer may issue a signed Work Change Directive instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B The document will describe changes in the Work and will designate a method of determining any change in Contract Price or Contract Time. C Contractor shall proceed promptly to execute the changes in the Work in accordance with the Work Change Directive. 1.8 STIPULATED PRICE CHANGE ORDER A A Stipulated Price Change Order will be based on an accepted Proposal for Change including the Contractor's lump sum price quotation. 1.9 UNIT PRICE CHANGE ORDER A Where Unit Prices for the affected items of the Work are included in Section 00300 - Bid Proposal, the Unit Price Change Order will be based on unit prices as originally bid, subject to provisions of Section 00700 — General Conditions ofAgreement. B Where unit prices of the Work are not pre -determined in Section 00300 — Bid Proposal, Work Change Directive or accepted Proposal for Change will specify the unit prices to be used. 02/2008 01290 - 3 of 4 CITY OF PEA RLAND 1.10 TIME -AND -MATERIAL CHANGE ORDER CHANGE ORDER PROCEDURES A Contractor shall provide an itemized account and supporting data after completion of change, within time limits indicated for claims in Section 00700 — General Conditions of Agreement. B Engineer will determine the change allowable in Contract Price and Contract Time as provided in Section 00700 — General Conditions ofAgreement. C Contractor shall maintain detailed records of work done on time -and -material basis as specified in this Section, 1.04 "Documentation of Change in Contract Price and Contract Time". D Contractor shall provide full information required for evaluation of changes, and shall substantiate costs for changes in the Work. 1.11 EXECUTION OF CHANGE DOCUMENTATION A Engineer will issue Change Orders, Work Change Directives, or accepted Proposals for Change for signatures of parties named in Section 00500 — Standard Form of Agreement. 1.12 CORRELATION OF CONTRACTOR SUBMITTALS A For Stipulated Price Contracts, Contractor shall promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Price. B For Unit Price Contracts, the next monthly Application for Payment of the Work after acceptance of a Change Order will be revised to include any new items not previously included and the appropriate unit rates. C Contractor shall promptly revise progress schedules to reflect any change in Contract Time, and shall revise schedules to adjust time for other items of work affected by the change, and resubmit for review. D Contractor shall promptly enter changes to the on-site and record copies of the Plans, Technical Specifications or Contract Documents as required in Section 01760 — Project Record Documents. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - Not Used END OF SECTION 02/2008 01290 - 4 of 4 CITY OF PEARLAND 1.0 1.1 1.2 1.3 1.4 1.5 COORDINATION AND MEETINGS Section 01310 COORDINATION AND MEETINGS GENERAL SECTION INCLUDES A Section includes general coordination including Preconstruction Conference, Site Mobilization Conference, and Progress Meetings. B References to Technical Specifications: 1. Section 01100 — Summary of Work RELATED DOCUMENTS A Coordination is required throughout the documents. Refer to all of the Contract Documents and coordinate as necessary. ENGINEER AND REPRESENTATIVES A The Engineer may act directly or through designated representatives as defined in Section 00700 — General Conditions of Agreement, 1.01 "Owner, Contractor, and Engineer", and as identified by name at the Preconstruction Conference. CONTRACTOR COORDINATION A Coordinate scheduling, submittals, and work of the various Technical Specifications to assure efficient and orderly sequence of installation of interdependent construction elements. B Coordinate completion and clean up of the Work for Substantial Completion and for portions of the Work designated for Owner's partial occupancy. C Coordinate access to Project Site for correction of nonconforming work to minimize disruption of Owner's activities where Owner is in partial occupancy. PRECONSTRUCTION CONFERENCE A Engineer will schedule a Preconstruction Conference. B Attendance Required: Engineer's representatives, Consultants, Contractor, and major Subcontractors. C Agenda: 1. Distribution of Contract Documents. 2. Designation of personnel representing the parties to the Contract, andthe Consultant. 3. Review of insurance. 02/2008 01310 - 1 of 3 CITY OF PEARLAND 1.6 1.7 COORDINATION AND MEETINGS 4. Discussion of formats proposed by the Contractor for Schedule ofValues, and Construction Schedule. 5. Discussion of required Submittals, including, but not limited to, Work Plans, Traffic Control Plans, Safety Programs, Construction Photographs. 6. Procedures and processing of Shop Drawings and other submittals, substitutions, Applications for Payment, Requests for Information, Request for Proposal, Change Orders, and Contract Closeout. 7. Scheduling of the Work and coordination with other contractors. 8. Review of Subcontractors. 9. Appropriate agenda items listed in this Section, 1.06 "Site Mobilization Conference", when Preconstruction Conference and Site Mobilization Conference are combined. 10. Procedures for testing. 11. Procedures for maintaining Project Record Documents. 12. Designation of the individual authorized to execute change documents and their responsibilities. 13. Discussion of requirements of a Trench SafetyProgram. SITE MOBILIZATION CONFERENCE A When required by Section 01100 — Summary of Work, Engineer will schedule a Site Mobilization Conference at the Project Site prior to Contractor occupancy. B Attendance Required: Engineer representatives, Consultants, Contractor's Superintendent, and major Subcontractors. C Agenda: 1. Use of premises by Owner and Contractor 2. Safety and first aid procedures 3. Construction controls provided by Owner 4. Temporary utilities 5. Survey and layout 6. Security and housekeeping procedures PROGRESS MEETINGS A B C D 02/2008 Progress Meetings shall be held at Project Site or other location as designated by the Engineer. Meeting shall be held at monthly intervals, or more frequent intervals if directed by Engineer. Attendance Required: Job superintendent, major Subcontractors and suppliers, Engineer representatives, and Consultants as appropriate to agenda topics for each meeting. Engineer or City's representative will make arrangements for meetings, and recording minutes. Engineer or City's representative will prepare the agenda and preside at meetings. 01310 - 2 of 3 CITY OF PEARLAND COORDINATION AND MEETINGS E Contractor shall provide required information and be prepared to discuss each agenda item. F Agenda: 1. Review minutes of previous meeting. 2. Review of Construction Schedule, Applications for Payment, payroll and compliance submittals. 3. Field observations, problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of Submittal Schedule and status of submittals. 6. Review status of Requests for Information, Requests for Proposal. 7. Review status of Change Orders. 8. Review of off-site fabrication and delivery schedules. 9. Maintenance of updates to Construction Schedule. 10. Corrective measures to regain projected schedules. 11. Planned progress during succeeding workperiod. 12. Coordination of projected progress. 13. Maintenance of quality and work standards. 14. Effect of proposed changes on Construction Schedule and coordination. 15. Other items relating to the Work. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - Not Used END OF SECTION 02/2008 01310 - 3 of 3 CITY OF PEARLAND Section 01350 SUBMITTALS 1.0 GENERAL SUBMITTALS This Section contains general lists of Submittals and Technical Specifications that may be required for the Work. When Submittals are required elsewhere in these Technical Specifications, refer to this Section for Submittal requirements and procedures. 1.1 SECTION INCLUDES A Submittal procedures for: 1. Schedule of Values 2. Construction Schedules 3. Shop Drawings, Product Data, and Samples 4. Operations and Maintenance Data 5. Manufacturer's Certificates 6. Construction Photographs 7. Project Record Documents 8. Design Mixes B References to the following Technical Specifications: 1. Section 01310 — Coordination & Meetings 2. Section 01630 — Product Options & Substitutions 3. Section 01100 — Summary of Work 4. Section 01380 — Construction Photographs 5. Section 01760 — Project Record Documents 6. Section 02530 — Gravity SanitarySewers 1.2 SUBMITTAL PROCEDURES A Scheduling and Handling 1. Schedule Submittals well in advance of the need for material or equipment for construction. Allow time to make delivery of material or equipment after Submittal is approved. 2. Develop a Submittal Schedule that allows sufficient time for initial review, correction, resubmission and final review of all submittals. The Engineer will review and return submittals to the Contractor as expeditiously as possible but the amount of time required for review will vary depending on the complexity and quantity of data submitted. In no case will a Submittal Schedule be acceptable which allows less than 30 days for initial review by the Engineer. This time for review shall in no way be justification for delays or additional compensation to the Contractor. 3. The Engineer's review of submittals covers conformity to the Plans, Technical Specifications, and dimensions which affect the layout. The Contractor is responsible for quantity determination. The Contractor is responsible for any errors, omissions or deviations from the Contract requirements; review of 10/2017 01350 - 1 of 7 CITY OF PEARLAND SUBMITTALS submittals in no way relieves the Contractor from his obligation to furnish required items according to the Plans and Technical Specifications. 4. Submit 5 copies of documents unless otherwise specified in this Section or by individual Technical Specifications. 5. Revise and resubmit submittals as required. Identify all changes made since previous submittal. 6. The Contractor shall assume the risk for material or equipment which is fabricated or delivered prior to approval. No material or equipment shall be incorporated into the Work or included in Applications for Payment until approval has been obtained in the specified manner. B Transmittal Form andNumbering 1. Transmit each submittal to the Engineer with a transmittal form. 2. Sequentially number each transmittal form beginning with the number 1. Re - Submittals shall use the original number with an alphabetic suffix (i.e., 2A for first Re -Submittal of Submittal 2 or 15C for third Re -Submittal of Submittal 15). Each submittal shall only contain one type of work, material, or equipment. Mixed submittals will not be accepted. 3. Identify variations from requirements of Contract Documents and identify product or system limitations. 4. For submittal numbering of video tapes, see this Section, 1.10"Video". C Contractor's Certification 1. Each submittal shall contain a statement or stamp signed by the Contractor, certifying that the items have been reviewed in detail and are correct and in accordance with Contract Documents, except as noted by any requested variance. 1.3 SCHEDULE OF VALUES A Submit a Schedule of Values at least 10 days prior to the first Application for Payment. A Schedule of Values shall be provided for each of the items indicated as Lump Sum (LS) in Section 00300 — Bid Proposal for which the Contractor requests to receive Progress Payments. B Schedule of Values shall be typewritten on 8-1/2" x 11 ", plain bond, white paper. Use the Table of Contents of this Project Manual as a format for listing costs of Work by Section. C Round off figures for each listed item to the nearest $100.00 except for the value of one item, if necessary, to make the total price for all items listed in the Schedule of Values equal to the applicable Lump Sum in Section 00300 — BidProposal. D For Unit Price Contracts, items should include a proportional share of Contractor's overhead and profit, such that the total of all items listed in the Schedule of Values equals the Contract amount. For Stipulated Price Contracts, Mobilization, Bonds, and Insurance may be listed as separate items in the Schedule of Values. 10/2017 01350 - 2 of 7 CITY OF PEARLAND SUBMITTALS E For Lump Sum equipment items, where Submittals for Testing, Adjusting, and Balancing Reports in conjunction with Operation and Maintenance Data are required, include a separate item for equipment Operation and Maintenance Data Submittals and a separate item for Submittals of equipment Testing, Adjusting, and Balancing Reports, each valued at five (5) percent of the Lump Sum. F Revise the Schedule of Values and resubmit for items affected by contract modifications, Change Orders, and Work Change Directives. Submit revised Schedule of Values 10 days prior to the first Application for Payment after the changes are approved by the Engineer. 1.4 CONSTRUCTION SCHEDULES A Submit Construction Schedules for the Work in accordance with the requirements of this Section. The Construction Schedule Submittal shall be, at a minimum, a bar chart, (computer generated or prepared manually) and a narrative report. B During the Preconstruction Meeting, as noted in Section 0 13 10 - Coordination and Meetings, the Contractor shall provide a sample of the format to be used for the Construction Schedule Submittal. The format is subject to approval by the Engineer. Review of the Submittal will be provided within 7 days of the Submittal of the sample. C Within 7 days of the receipt of approval of the Contractor's format, or 14 days of the Notice to Proceed, whichever is later, the Contractor shall submit a proposed Construction Schedule for review. The Construction Schedule Submittal shall meet the following requirements: 1. The Construction Schedule shall usually include a total of at least 20 but not more than 50 activities. Fewer activities may be accepted, if approved bythe Engineer. 2. For Projects with work at different physical locations, each location should be indicated separately within the Construction Schedule. 3. For projects with multiple crafts or significant subcontractor components, these elements should be indicated separately within the Construction Schedule. 4. For Projects with multiple types of tasks within the scope, these types of work should be indicated separately within the Construction Schedule. 5. For Projects with significant major equipment items or materials worth over 25 percent of the Total Contract Price, the Construction Schedule shall indicate dates when these items are to be purchased, when they are to be delivered, and when installed. 6. For Projects where operating plants are involved, each period of work which will require the shut down of any process or operation shall be identified in the Construction Schedule and must be agreed to by the Engineer prior to starting work in the area. 7. A Billing Schedule (tabulation of the estimated monthly billings) for the Work shall be prepared and submitted by the Contractor with the first Construction Schedule. This information is not required in the monthly updates, unless significant changes in Work require re -submittal of the Construction Schedule for review. The total for each month and a cumulative total will be indicated. 10/2017 01350 - 3 of 7 CITY OF PEARLAND SUBMITTALS These monthly forecasts are only for planning purposes of the Engineer. Monthly payments for actual work completed will be made by the Engineer in accordance with Section 00700 - General Conditions ofAgreement. D The Contractor must receive approval of the Engineer for the Construction Schedule and Billing Schedule prior to the first monthly Application for Payment. No payment will be made until these are accepted. E Upon written request from the Engineer, the Contractor shall revise and submit for approval all or any part of the Construction Schedule to reflect changed conditions in the Work or deviations made from the original plan andschedule. F The Contractor's Construction Schedule shall thereafter be updated with the Actual Start and Actual Finish Dates, Percent Complete, and Remaining Duration of each Activity and submitted monthly. The date to be used in updating the monthly Construction Schedule shall be the same Date as is used in the monthly Application for Payment. This monthly update of the Construction Schedule shall be required before the monthly Application for Payment will be processed for payment. G The narrative Construction Schedule Report shall include a description of changes made to the Construction Schedule; Activities Added to the Construction Schedule; Activities Deleted from the Construction Schedule; any other changes made to the Construction Schedule other than the addition of Actual Start Dates and Actual Finish Dates and Remaining Durations. 1.5 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES A Shop Drawings 1. Submit Shop Drawings for review as required by the Technical Specifications. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures" shall be placed on each Shop Drawing. 3. The Shop Drawing shall accurately and distinctly present the following: a. Field and erection dimensions clearly identified assuch. b. Arrangement and section views. C. Relation to adjacent materials or structure including complete information for making connections between work under this Contract and work under other contracts. d. Kinds of materials and finishes. e. Parts list and descriptions. f. Assembly Shop Drawings of equipment components and accessories showing their respective positions and relationships to the complete equipment package. g. Where necessary for clarity, identify details by reference to sheet numbers and detail numbers, schedule or room numbers as shown on the Plans. 4. Shop Drawing Drawings shall be to scale, and shall be a true representation of the specific equipment or item to be furnished. 10/2017 01350 - 4 of 7 CITY OF PEARLAND SUBMITTALS B Product Data 1. Submit Product Data for review when required in individual Technical Specifications. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures" shall be placed on each data itemsubmitted. 3. Mark each copy to identify applicable products, models, options to be used in this Project. Supplement manufacturers' standard data to provide information unique to this Project, where required by the Technical Specification. 4. For products specified only by reference standard, submit manufacturer, trade name, model or catalog designation, and applicable reference standard. 5. For Approved Products, those designated in the Technical Specifications followed by the words "or approved equal", submit manufacturer, trade name, model or catalog designation, and applicable reference standard. 6. For products proposed as alternates to Approved Products, refer to Section 01630 - Product Options and Substitutions, 1.04 "Selection Options" and 1.07 "Substitution Procedures". 7. For products that are neither Pre -Approved, Approved, specified only by reference standard, nor proposed as alternates, submit product description, trade name, manufacturer, and supplier. Contractor shall provide additional information upon written request by Engineer orOwner. C Samples 1. Submit samples for review as required by the Technical Specification. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures", shall be placed on each sample or a firmly attached sheet of paper. 3. Submit the number of samples specified in the Technical Specification; one of which will be retained by the Engineer. 4. Reviewed samples which may be used in the Work are identified in the Technical Specifications. 1.6 OPERATIONS AND MAINTENANCEDATA A When specified in Technical Specification, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, operation, adjusting, finishing, and maintenance. B Contractor's Certification, as described in this Section. 1.02 "Submittal Procedures", shall be placed on front page of each document. C Identify conflicts between manufacturers' instructions and Contract Documents. 1.7 MANUFACTURER'S CERTIFICATES A When specified in Technical Specification, submit manufacturers' certificate of compliance for review by Engineer. B Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures", shall be placed on front page of the certificate. 10/2017 01350 - 5 of 7 CITY OF PEARLAND SUBMITTALS C Submit supporting reference data, affidavits, and certifications as appropriate. D Manufacturer's Certificates may be recent or previous test results on material or product, but must be acceptable to Engineer. 1.8 CONSTRUCTION PHOTOGRAPHS A Submit photographs in accordance with Section 01380 — ConstructionPhotographs. 1. Prints: Prepare 2 prints of each view and submit 1 set of prints directly to the City's Representative within 7 days of taking photographs. One set of prints shall be retained by the Contractor and made available at all times for reference on the job site. B PRECONSTRUCTIONPHOTOGRAPHS: 1. Prior to the commencement of any construction, take digital color photographs on the entire route of the project 2. Photographs: May be stored on electronic media (CD-ROM or flash drive). 3. The photographs shall show: a. Date photographs were taken b. An index of the photo will be provided which will contain the location of the photograph, house number and street name. 4. Photographs should show the condition of the following a. Esplanades and boulevards b. Yards (near, side and far side ofstreet) C. Housewalk, sidewalk and driveway; curb d. Area between walk and curb 1) Particular features (yard lights, shrubs, fences, trees, etc.) 2) Landscaping and decorative features. C POST CONSTRUCTIONPHOTOGRAPHS 1. On completion of construction, provide photographs of any public or private property which has been repaired or restored and any damage which is or may be the subject of complaints. 1.9 PROJECT RECORD DOCUMENTS A Submit Proj ect Record Documents in accordance with Section 01760— Project Record Documents. 1.10 VIDEO A Submit television video in DVD format as required in individual Technical Specifications. B Transmittal forms for video disks shall be numbered sequentially beginning with TO 1, T02, T03, etc. 10/2017 01350 - 6 of 7 CITY OF PEA RLAND SUBMITTALS 1.11 DESIGN MIXES A When specified, submit design mixes forreview. B Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures", shall be placed on front page of each designmix. C Mark each design mix to identify proportions, gradations, and additives for each class and type of design mix submitted. Include applicable test results on samples for each mix. D Maintain a copy of approved design mixes at mixing plant. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - Not Used END OF SECTION 10/2017 01350 - 7 of 7 CITY OF PEARLAND Section 01380 CONSTRUCTION PHOTOGRAPHS CONSTRUCTION PHOTOGRAPHS 1.0 GENERAL 1.1 SECTION INCLUDES A Requirements for construction photographs and submittals. B References Technical Specifications: 1. Section 01100 — Summary ofWork 2. Section 01350 — Submittals 1.2 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Construction Photographs under this Section. Include cost in Bid Items for installed Work. 1.3 SUBMITTALS A When required by Section 01100 — Summary of Work, submit photographs in accordance applicable provisions of this Section. B Make Submittals required by this and related Sections under the provisions of Section 01350 — Submittals. C Prepare three (3) prints of each view and submit two (2) prints directly to the Project Manager within seven (7) days of taking photographs. One (1) print shall be retained by the Contractor in the field office at the Project Site and available at all times for reference. D When requested by the Project Manager, the Contractor shall submit extra prints of photographs, for distribution directly to designated parties who will pay the costs for the extra prints directly to the photographer. E When required by individual Sections, submit photographs taken prior to start of the Work to show original Project Site conditions. F When required by Contract Documents, submit photographs with Application for Payment. G When required by individual Sections, submit photographs taken following completion of the Work to show the condition in which the Project Site will be left. H With each submittal, include photographic negatives in protective envelopes, identified by Project Name, Contractor, and date photographs were taken. 10/2017 01380 - 1 of 3 CITY OF PEA RLAND 1.4 QUALITY ASSURANCE CONSTRUCTION PHOTOGRAPHS A Contractor shall be responsible for the timely execution of the photographs, their vantage point, direction of shot, andquality. 2.0 PRODUCTS 2.1 PHOTOGRAPHS A Photographs shall be digital quality and shall be submitted on aCD. B The photographs shall show on a non -elective chalkboard or white board, readable in the photograph: 1. Job number. 2. Date and time photographs were taken. 3. Location of the photograph, house number and street, along with the project number. C Indicate the condition of the following: 1. Esplanades and boulevards. 2. Yards (near side and far side ofstreet). 3. House -walk and sidewalk. 4. Curb. 5. Area between walk and curb. 6. Particular features (yard lights, shrubs, fence, trees, etc.). 7. Date shall be on negative. 8. Provide notation of vantage point marked for location and direction ofshot on a key plan of the Project Site. D Sufficient number of photographs shall be taken to show the existence or non- existence of cracked concrete and the condition of trees, shrubs andgrass. E Identify each photograph with an index document with the following information: 1. Name of the Project. 2. Name and address of the photographer (if a professional photographeris used). 3. Name of the Contractor. 4. Date the photograph was taken. 5. Photographs and index should correspond for easy access andviewing. 3.0 EXECUTION 3.1 PRECONSTRUCTION PHOTOGRAPHS A Prior to the commencement of the Work, take photographs of the entire route of the Project Site. 10/2017 01380 - 2 of 3 CITY OF PEARLAND CONSTRUCTION PHOTOGRAPHS 3.2 POST-CONSTRUCTIONPHOTOGRAPHS A Following the completion of the Work, take photographs from corresponding vantage points and direction of shots. 3.3 PROGRESS PHOTOGRAPHS A Take photographs at intervals, coinciding with the cutoff date associated with each Application for Payment and submit on CD with monthly Application for Payment. B Select the vantage points for each shot each month to best show the status of construction and progress since the last photographs were taken. Take not less than two (2) shots from the same vantage point creating a time -lapsed sequence. C Follow direction when given by the Project Manager in selecting vantage points. END OF SECTION 10/2017 01380 - 3 of 3 CITY OF PEARLAND Section 01420 REFERENCED STANDARDS REFERENCED STANDARDS 1.0 GENERAL 1.1 SECTION INCLUDES A General quality assurance as related to Reference Standards and a list of references. B References to Technical Specifications: None 1.2 QUALITY ASSURANCE A For Products or workmanship specified by association, trade, or Federal Standards comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B Conform to reference standard by date of issue current on the date as stated in Section 00700 — General Conditions of Agreement. C Request clarification from Engineer before proceeding should specified reference standards conflict with Contract Documents. 1.3 SCHEDULE OF REFERENCES AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, N.W. Washington, DC 20001 ACI American Concrete Institute P.O. Box 19150 Reford Station Detroit, MI 48219-0150 AGC Associated General Contractors of America 1957 E Street, N.W. Washington, DC 20006 Al Asphalt Institute Asphalt Institute Building College Park, MD 20740 AITC American Institute of Timber Construction 333 W. Hampden Avenue Englewood, CO 80110 02/2008 01420 - 1 of 5 CITY OF PEARLAND AISC American Institute of Steel Construction 400 North Michigan Avenue, Eighth Floor Chicago, IL 60611 AISI American Iron and Steel Institute 1000 16th Street, N.W. Washington, DC 20036 ASME American Society ofMechanical Engineers 345 East 47th Street New York, NY 10017 ANSI American National Standards Institute 1430 Broadway New York, NY 10018 APA American Plywood Association Box 11700 Tacoma, WA 98411 API American Petroleum Institute 1220 L Street, N.W. Washington, DC 20005 REFERENCED STANDARDS AREA American Railway Engineering Association 50 F Street, N.W. Washington, DC 20001 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 AWPA American Wood -Preservers' Association 7735 Old Georgetown Road Bethesda, MD 20014 AWS American Welding Society P.O. Box 35104 Miami, FL 33135 AWWA American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 02/2008 01420 - 2 of 5 CITY OF PEARLAND CLFMI Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue, N.W. Washington, DC 20036 CRD U.S.A. Corps of Engineers Code of Ordinances City of Pearland 3519 Liberty Drive Pearland, TX 77581 CRSI Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg, IL 60173-4758 EJMA Expansion Joint Manufacturers Association 707 Westchester Avenue White Plains, NY 10604 FDA U.S. Food and Drug Administration 5600 Fisher Lane Rockville, MD 20857-0001 REFERENCED STANDARDS FS Federal Standardization Documents General Services Administration, Specifications Unit (WFSIS) 7th and D Street S.W. Washington, DC 20406 ICEA Insulated Cable Engineer Association P.O. Box 440 S. Yarmouth, MA 02664 IEEE Institute of Electrical and Electronics Engineers 445 Hoes Lane P.O. Box 1331 Piscataway, NJ 0855-1331 MIL Military Specifications General Services Administration, Specifications Unit (WFSIS) 7th and D Street S.W. Washington, DC 20406 NACE National Association of Corrosion Engineers P. O. Box 986 Katy, TX 77450 02/2008 01420 - 3 of 5 CITY OF PEARLAND REFERENCED STANDARDS NEMA National Electrical Manufacturers' Association 2101 L Street, N.W., Suite 300 Washington, DC 20037 NFPA National Fire Protection Association Batterymarch Park, P.O. Box 9101 Quincy, MA 02269-9101 OSHA Occupational Safety Health Administration U.S. Department of Labor, Government Printing Office Washington, DC 20402 PCA Portland Cement Association 5420 Old Orchard Road Skokie, IL 60077-1083 PCI Prestressed Concrete Institute 201 North Wacker Drive Chicago, IL 60606 SDI Steel Deck Institute Box 9506 Canton, OH 44711 SSPC Steel Structures Painting Council 4400 Fifth Avenue Pittsburgh, PA 15213 TAC Texas Administrative Code TCEQ Texas Commission on Environmental Quality P. O. Box 13087 Austin, TX 78711-3087 TxDOT Texas Department of Transportation 125 East 11 th Street Austin, TX 78701-2483 Texas MUTCD Texas Manual on Uniform Traffic Control Devices (2003 Adoption) (published by Texas Department of Transportation) UL Underwriters' Laboratories, Inc. 333 Pfingston Road Northbrook, IL 60062 UNI -BELL UNI -BELL Pipe Association 2655 Villa Creek Drive, Suite 155 02/2008 01420 - 4 of 5 CTIY OF PEARLAND Dallas, TX 75234 WRI Wire Reinforcement Institute 942 Main Street — Suite 300 Hartford, CT 06103 REFERENCED STANDARDS WWD/PI Water Well Drillers and Pump Installers Advisory Council Texas Department of Licensing and Regulation P.O. Box 12157 Austin, TX 78711 2.0 PRODUCTS - Not Used 3.0 EXECUTION - Not Used END OF SECTION 02/2008 01420 - 5 of 5 CITY OF PEA RLAND CONTRACTOR'S QUALITY CONTROL Section 01430 CONTRACTOR'S QUALITY CONTROL 1.0 GENERAL 1.1 SECTION INCLUDES A Quality assurance and control of installation and manufacturer's field services and reports. B References to Technical Specifications: 1. Section 01350 — Submittals 1.2 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.3 QUALITY ASSURANCE/CONTROL OF INSTALLATION A Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce the Work of specified quality at no additional cost to the Owner. B Comply fully with manufacturers' installation instructions, including each step in sequence. C Request clarification from Project Manager before proceeding should manufacturers' instructions conflict with Contract Documents. D Comply with specified Standards as minimum requirements for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E Perform work by persons qualified to produce the specified level of workmanship. F Obtain copies of Standards and maintain at Project Site when required byindividual Technical Specifications. 1.4 MANUFACTURERS' FIELD SERVICES AND REPORTS A When specified in individual Technical Specifications, provide material or product suppliers' or manufacturers' technical representative to observe site conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, operator training, test, adjust, and balance of equipment as applicable, and to initiate operation, as required. Conform to minimum time requirements for start-up operations and operator training if defined in Technical Specifications. 02/2008 01430 - 1 of 2 CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL B At the Project Manager's request, submit qualifications of manufacturer's representative to Project Manager fifteen (15) days in advance of required representative's services. The representative shall be subject to approval of Project Manager. C Manufacturer's representative shall report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. Submit report within one (1) day of observation to Project Manager for review. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - Not Used END OF SECTION 02/2008 01430 - 2 of 2 CITY OF PEARLAND 1.0 1.1 1.2 1.3 3.0 Section 01440 OBSERVATION SERVICES GENERAL SECTION INCLUDES A Observation services and references. B References to Technical Specifications: 1. Section 01450 — Testing Laboratory Services MEASUREMENT AND PAYMENT OBSERVATION SERVICES A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. INSPECTION A Project Manager will appoint an Observer as a representative of the Owner to oversee inspections, tests, and other services specified in individual Technical Specifications. B Alternately, Project Manager may appoint, employ, and pay an independent firm to provide additional observation or construction management services as indicated in Section 01450 — Testing Laboratory Services. C Reports will be submitted by the independent firm to Project Manager, Engineer, and Contractor, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. D Contractor shall assist and cooperate with the Observer; furnish samples of materials, design mix, equipment, tools, and storage. E Contractor shall notify Project Manager 24 hours prior to expected time for operations requiring services. Notify Engineer and independent firm when noted. F Contractor shall sign and acknowledge report for Observer. PRODUCTS - Not Used EXECUTION - Not Used END OF SECTION 09/2009 01440 - 1 of 1 CITY OF PEARLAND 1.0 GENERAL TESTING LABORATORY SERVICES Section 01450 TESTING LABORATORY SERVICES 1.1 SECTION INCLUDES A Testing Laboratory Services and Contractor responsibilities related to those services. B References to Technical Specifications: 1. Section 01350 — Submittals C Referenced Standards: American Society for Testing and Materials (ASTM) a. ASTM D 3740, "Practice for Evaluation of Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction" b. ASTM E 329, "Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials as Used in Construction" 1.2 SELECTION AND PAYMENT A Owner will select, employ, and pay for services of an independent testing laboratoryto perform inspection and testing identified in individual Technical Specifications. B Employment of testing laboratory shall not relieve Contractor of obligation to perform work in accordance with requirements of Contract Documents. C Owner or designated representative shall schedule and monitor testing as required to provide timely results and to avoid delay to the Work. D Contractor shall be responsible for paying for services of commercial testing laboratory, with prior approval of Owner, to perform the following: 1. Pipe diameter deflection tests on all flexible and semi-rigid sanitarysewer collection system pipe installation 2. Laboratory services required to establish mix design proposed for use for Portland cement concrete, asphaltic concrete mixtures and other material mixes requiring control by testing laboratory when required because of change in source of materials or other conditions not caused byOwner. 3. Tests required to establish optimum moisture of earth and base materials and to determine required compactive effort to meet densityrequirements. 4. Cores to test for thickness. 5. Testing and inspection performed for the Contractor's convenience. 6. Retesting and repetitions of laboratory services when initial tests indicate work does not comply with requirements of Contract Documents. 04/2008 01450 - 1 of 3 CITY OF PEARLAND 1.3 1.4 1.5 2.0 3.0 LABORATORY REPORTS TESTING LABORATORY SERVICES A The Engineer will receive 1 copy, the Project Manager will receive 2 copies, and the Contractor will receive 2 copies of Laboratory Reports from the testing laboratory. One of the Contractor's copies shall remain at the Project Site for duration of Project. Test results which indicate non-conformance shall be transmitted immediately via fax from the testing laboratoryto the Contractor and Project Manager. LIMITS ON TESTING LABORATORY AUTHORITY A Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B Laboratory may not approve or accept any portion of the Work. C Laboratory may not assume any duties of Contractor. D Laboratory has no authority to stop the Work. CONTRACTOR RESPONSIBILITIES A Notify Project Manager and laboratory 24 hours prior to expected time for operations requiring inspection and testing services. Notify Engineer if specification section requires the presence of the Engineer. B Cooperate with laboratory personnel in collecting samples to be tested or collected on Project Site. C Provide access to the Work and to manufacturer's facilities. D Provide samples to laboratory in advance of their intended use to allow thorough examination and testing. E Provide incidental labor and facilities for access to the Work to be tested; to obtain and handle samples at the site or at source of products to be tested; and to facilitate tests and inspections including storage and curing of test samples. F Arrange with laboratory and pay for: 1. Retesting required for failed tests. 2. Retesting for nonconforming Work. 3. Additional sampling and tests requested by Contractor for his ownpurposes. PRODUCTS - Not Used EXECUTION 04/2008 01450 - 2 of 3 CITY OF PEARLAND 3.1 CONDUCTING TESTING TESTING LABORATORY SERVICES A Laboratory sampling and testing shall conform to ASTM D 3740 and ASTM E 329, as well as other test standards specified in individual Technical Specifications. END OF SECTION 04/2008 01450 - 3 of 3 CITY OF PEARLAND MOBILIZATION Section 01505 MOBILIZATION 1.0 GENERAL 1.1 SECTION INCLUDES A Mobilization of construction equipment and facilities onto the Work. B Referenced Standards: 1. Texas Department of Transportation (TxDOT) 2. Texas Manual on Uniform Traffic Control Devices (Texas MUTCD) 1.2 MEASUREMENT AND PAYMENT A. Payment for Mobilization is on a Lump Sum basis and shall not exceed three percent (3%) of the total bid price. B. Payment for 50% of the Mobilization lump sum bid item may be included in the first monthly Application for Payment. Payment is subject to the receipt and approval by Engineer of the following items, as applicable: 1. Schedule of Values (Section 01350 — Submittals) 2. Trench Safety Program (Section 01570 — Trench Safety System) 3. Construction Schedule (Section 01350 — Submittals) 4. Pre -construction Photographs (Section 01380 — Construction Photographs) 5. Installation and acceptance of Project Identification Sign(s) (Section 01580 — Project Identification Signs) 6. Installation and acceptance of Field Office (Section 01500 — Temporary Facilities and Controls) 7. Installation and acceptance of TPDES requirements (Section 01565 - TPDES Requirements) C. Payment for 25% of the Mobilization lump sum bid item may be included in the second monthly Application for Payment. Payment is subject to the receipt and approval by Engineer of the following items, as applicable: 1. Installation of High Speed Internet Access (Section 01500 — Temporary Facilities and Controls) 2. Laptop Computer (Section 00800 — Special Conditions of Agreement) D. Payment for 15% of the Mobilization lump sum bid item may be included in the third monthly Application for Payment. E. Payment for the remaining 10% of the Mobilization lump sum bid item maybe included in the fourth monthly Application for Payment. 09/2012 01505 - 1 of 1 CITY OF PEARLAND MOBILIZATION G. Mobilization payments will be subject to Retainage as stipulated in Section 00700 General Conditions of Agreement. 2.0 PRODUCTS 2.1 PROJECT IDENTIFICATION SIGNS A. Provide specified number of project identification sign(s) per Section 01580. The name, address and contact information of the general contractor for the project shall be shown on the sign per Section 01580 and the attached exhibit. 3.0 EXECUTION 3.1 PLACEMENT OF PROJECT IDENTIFICATION SIGNS A. Place a Project Identification Sign as described in Section 0 15 80, part 1.03, D visible to passing traffic or as directed by Engineer. END OF SECTION 09/2012 01505 - 1 of 1 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION Section 01555 TRAFFIC CONTROL AND REGULATION 1.0 GENERAL 1.1 SECTION INCLUDES A Requirements for traffic control plans, signs, signals, control devices, flares, lights and traffic signals, as well as construction parking control, designated haul routes and bridging of trenches and excavations. B Requirements for and qualifications ofFlaggers. C References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01140 — Contractor's Use of Premises D Referenced Standards: 1. Texas Manual on Uniform Traffic Control Devices (Texas MUTCD) 1.2 MEASUREMENT AND PAYMENT A Traffic Control and Regulation. Measurement is on a Lump Sum basis for Traffic Control and Regulation, including submittal of a traffic control plan if different from the one provided on the Plans, provision of traffic control devices, and provision of equipment and personnel as necessary to protect the Work and the public. The amount invoiced shall be determined based on the Schedule of Values submitted for traffic control and regulation. B Flaggers. Measurement is on a Lump Sum basis for Flaggers as required for the Work. The amount invoiced shall be determined based on the Schedule of Values submitted for Flaggers. 1.3 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B A Traffic Control Plan responsive to the Texas MUTCD and sealed by a Registered Professional Engineer is incorporated into the Plans. If the Contractor proposes to implement traffic control different than the plan provided, he shall submit a Traffic Control Plan in conformance with Texas MUTCD for approval of the Engineer. C For both the Traffic Control Plan and Flaggers' use, submit Schedules of Values within 30 days following the Notice to Proceed. D Each week submit a daily log for Flaggers listing name, badge number, time start, time finish, and hours worked. 03/2008 01555 - 1 of 4 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION 1.4 FLAGGERS A Unless otherwise specified, use only Flaggers who are off-duty, regularly employed, uniformed Peace Officers. B Flaggers are required at the following locations: 1. Where multi -lane vehicular traffic must be diverted into single -lane vehicular traffic. 2. Where vehicular traffic must change lanes abruptly. 3. Where construction equipment either enters or crosses vehicular traffic lanes and walks. 4. Where construction equipment may intermittently encroach on vehicular traffic lanes and unprotected walks and cross -walks. 5. Where construction activities might affect public safety and convenience. 6. Where traffic regulation is needed due to rerouting of vehiculartraffic around the work site. 7. When requested by Owner. C The use of Flaggers is for the purpose of assisting in the regulation of traffic flow and movement, and does not in any way relieve the contractor of full responsibility for taking such other steps and provide such other Flaggers or personnel as the Contractor may deem necessary to protect the work and the public, and does not in any way relieve the Contractor of his responsibility for any damage for which he would otherwise be liable. Flaggers shall be used and maintained at such points for such periods of time as may be required to provide for the public safety and convenience of travel. 2.0 PRODUCTS 2.1 SIGNS, SIGNALS, AND DEVICES A Comply with Texas MUTCD regulations. B Traffic Cones and Drums, Flares and Lights: As approved by agencies having jurisdiction. 3.0 EXECUTION 3.1 PUBLIC ROADS A Abide by laws and regulations of governing authorities when using public roads. If the Contractor's work requires that public roads be temporarily impeded or closed, approvals shall be obtained from governing authorities and permits paid for before starting any work. Coordinate activities with the Engineer. B Contractor shall maintain at all times a 10 -foot -wide all-weather lane adjacent to work areas which shall be kept free of construction equipment and debris and shall be for the use of emergency vehicles, or as otherwise provided in the Traffic Control Plan. 03/2008 01555 - 2 of 4 CITY OF PEARLAND 3.2 3.3 3.4 3.5 TRAFFIC CONTROL AND REGULATION C Contractor shall not obstruct the normal flow of traffic from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on designated major arterials or as directed by the Engineer. D Contractor shall maintain local driveway access to residential and commercial properties adjacent to work areas at all times. E Cleanliness of Surrounding Streets: 1. Keep streets used for entering or leaving the job area free of excavated material, debris, and any foreign material resulting from construction operations. Leave the area broom -clean or its equivalent at the end of the work day. F Control vehicular parking to prevent interference with public traffic and parking, and access by emergency vehicles. G Monitor parking of construction personnel's vehicles in existing facilities. Maintain vehicular access to and through parking areas. H Prevent parkingon or adjacent to access roads or in non -designated areas. FLARES AND LIGHTS A Provide flares and lights during hours of low visibility to delineate traffic lanes and to guide traffic. HAUL ROUTES A Utilize haul routes designated by Owner or shown on the Plans for construction traffic. B Confine construction traffic to designated haul routes. C Provide traffic control at critical areas of haul routes to regulate traffic and minimize interference with public traffic. D Contractor shall be responsible for any damage caused by vehicles utilizing haul routes. TRAFFIC SIGNS AND SIGNALS A Install traffic control devices at approaches to the site and on site, at crossroads, detours, parking areas, and elsewhere as needed to direct construction and affected public traffic. B Relocate traffic signs and control devices as Work progresses to maintain effective traffic control. BRIDGING TRENCHES AND EXCAVATIONS A Whenever necessary, bridge trenches and excavation to permit an unobstructed flow of traffic. 03/2008 01555 - 3 of 4 CITY OF PEA RLAND TRAFFIC CONTROL AND REGULATION B Secure bridging against displacement by using adjustable cleats, angles, bolts or other devices whenever bridge is installed: 1. On an existing bus route; 2. When more than five percent of dailytraffic is comprised of commercial or truck traffic; 3. When more than two separate plates are used for the bridge; or 4. When bridge is to be used for more than five consecutive days. C Install bridging to operate with minimum noise. D Adequatelyshore the trench or excavation to support bridge and traffic. E Extend steel plates used for bridging a minimum of one foot beyond edges of trench or excavation. Use temporary paving materials (premix) to feather edges of plates to minimize wheel impact on secured bridging. F Use steel plates of sufficient thickness to support H-20 loading, truck or lane, that produces maximum stress. 3.6 CLEAN-UP AND RESTORATION A Perform clean-up and restoration in and around construction zone in accordance with Section 01140 — Contractor's Use of Premises. B Remove equipment and devices when no longer required. C Repair damage caused by installation. D Remove post settings to a depth of 2 feet. END OF SECTION 03/2008 01555 - 4 of 4 CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS Section 01580 PROJECT IDENTIFICATION SIGNS 1.0 GENERAL 1.1 SECTION INCLUDES A Project identification sign description. B. Installation. C. Maintenance and removal. 1.2 UNIT PRICES A. No separate payment will be made for design, fabrication, installation, and maintenance of project identification signs under this Section. Include cost of work performed under this Section in the pay item for Section 01505 - Mobilization. B. If changes to project identification signs are requested by the City Engineer to keep them current, payment will be made by change order. C. Skid -mounted signs shall be relocated as directed by the City Engineer at no additional cost to the City. Post -mounted signs shall be relocated once, if directed in writing by the City Engineer, at no additional cost to the City. If a post -mounted sign is relocated more than once at the written direction of the City Engineer, payment will be made by change order. 1.3 SYSTEM DESCRIPTION A. Sign Construction: Project identification signs shall be constructed of new materials and painted new for the project. Construct post -mounted signs as shown on Construction Sign Details. B. Appearance: Project identification signs shall be maintained to present a clean and neat look throughout the project duration. C. Sign Manufacturer/Maker: Experienced as a professional sign company. D. Sign Placement: Place signs at locations as directed by the City Engineer. The City Engineer will provide sign placement instructions at the Pre -construction Meeting. 1. A linear project is one involving paving, overlay, sewer lines, storm drainage, or water mains that run in the right-of-way over a distance. A 10/2014 01580-1 CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS linear project requires a project identification sign at each end of the construction site. 2. Single Site or Building Projects: Provide one project identification sign. 3. Multiple Sites: Provide one project identification sign at each site. 4. Sign Relocation: As work progresses at each site, it may be necessary to move and relocate project identification signs. Relocate signs as directed in writing by the City Engineer. E. Alternate Skid -mounted Sign Construction: Post -mounted signs are preferred, but skid -mounted signs are allowed, especially for projects with noncontiguous locations where work progresses from one location to another. The skid structure shall be designed so that the sign will withstand a 60 -mile -per -hour wind load directly to the face or back of the sign. Use stakes, straps, or ballast. Approval of the use of skid -mounted signs shall not release the Contractor from responsibility of maintaining a project identification sign on the project site and shall not make the City responsible for the security of such signs. 1.4 SUBMITTALS A. Submit shop drawings under provisions of Section 01350 - Submittal Procedures. B. Show content, layout, lettering style, lettering size, and colors. Make sign and lettering to scale, clearly indicating condensed lettering, if used. 2.0 PRODUCTS 2.1 SIGN MATERIALS A. Structure and Framing: All sign materials shall be new. 1. Sign Posts: Use 4 -inch by 4 -inch treated wood posts, sized to fix ton of sign at 6 FEET ABOVE GROUND. 2. Sign Supports and Skid Bracing: 2 -inch by 4 -inch wood framing material. 3. Skid Members: 2 -inch by 6 -inch wood framing material. 4. Fasteners: a. Use galvanized steel fasteners. b. Use 3/8 -inch by 5 -1/2 -inch button head carriage bolts to attach sign to posts. Secure with nuts and flat head washers at locations as recommended by Sign Manufacturer. c. Cover button heads with white reflective film or paint to match sign background B. Sign and Sign Header: Use medium density overlaid marine plywood, minimum 1/2 -inch thick. Use full-size 4 -foot by 8 -foot sheets for sign and a single piece for header to minimize joints; do not piece wood to fabricate a sign face. C. Paint and Primers: White paint used to prime surfaces and to resist weathering shall be an industrial grade, fast -drying, oil-based paint with gloss finish. Paint structural 10/2014 01580-2 i CITY OF PEA RLAND PROJECT IDENTIFICATION SIGNS and framing members white on all sides and edges to resist weathering. Paint sign and sign header material white on all sides and edges to resist weathering. Paint all sign surfaces with this weather -protective paint prior to adding any sign paint or adhesive applications. D. Colors: Follow criteria established by attached Exhibit 3.0 EXECUTION 3.1 INSTALLATION A. Install project identification signs within 10 calendar days after Date of Commencement. B. Erect signs where designated by the City Engineer at the Pre -construction Meeting or as described in part 1.03 of this Section. Position the sign in such a manner as to be fully visible and readable to the general public. C. Erect sign level and plumb. D. If mounted on posts, sink posts a minimum of 30 inches below grade in 10 -inch diameter posthole. Stabilize posts with sharp sand or concrete to minimize lateral motion. Leave a minimum of 8 feet of post above existing grade for mounting of the sign and header. E. Erect sign so that the top edge of the sign, is no higher than 6 feet above existing grade. 3.2 MAINTENANCE AND REMOVAL A. Keep signs and supports clean. Repair deterioration and damage. B. Remove signs, framing, supports, and foundations to a depth of 2 feet upon completion of Project. Restore the area to a condition equal to or better than before construction. 10/2014 END OF SECTION 01580-3 CITY OF PEARLAND CITY OF PEARLAND CAPITAL PROJECT MAYOR: TOM REID COUNCIL POSITION 1: TONY CARBONE COUNCIL POSITION 2: SCOTTSHERMAN COUNCIL POSMON 3: GARY MOORE MAYOR PRO TEM: KEITH ORDENEAUX COUNCIL POSITION 5: GREG HILL CITY MANAGER: CLAY PEARSON DEPUTY CITY MANAGER. JON BRANSON ASST CRY MANAGER: TRENTEPPERSON PROJECT IDENTIFICATION SIGNS PROJECT IDENTIFICATION SIGN EXHIBIT PROJECT NAME LOCATED HERE PROJECT NO. 12345678 PROJECT SCHEDULE: MONTH/YEAR BUDGET: $DOLLAR AMOUNT ENGINEER/ARCHITECT: NAME GOES HERE CONTRACTOR: CONTRACTOR NAME GOES HERE peadandb(.gov/depatmntstengineedng-capital-projects/projects SPECIAL NOTE: CONTACT CITY SECRETARY FOR CURRENT COUNCIL NAMES SINGLE SIDE MOD MARINE GRADE PLYWOOD FINISHED WITH ALKYD ENAMEL GLOSS WHITE COMPUTER CUT VINYL AND DIGITAL PRINT 5 YEAR LIFE MINIMUM MATERIALS INSTALL ON TWO 4"X4" TREATED POSTS,MIN. DEPTH IS 24", OR SKID MOUNTED AS SITE REO'D.. Nx�[cT Capital Improvement Signage Layout Various --n Pearla W. Texas - Ochotw 2014 capita mprovelTKBnt OCIOber 2014 eVR�eBR9i6iIElWITff A6i�®91a0q RLYDRfrll® RAKIRfomk ER01161Ymnum r RERAiN1RRBRQR®i1SfOH O�iEQF7�lal®IRB0191RO101RI0E DII>R61MOrJ�OKIIlA111IIB1BMi>a EasrrreaoRaar,Darxrc 710 VOLT ELECTRICAL S9EYICE aJEzwr TO PrgVDE ALL PeILEANY ELECfPx1L SERVK:FS TOTHE SKRi MESS OT�ENWI9E SPECiEU. CLIENT APPROVAL 10/2014 01580-4 CITY OF PEARLAND Section 01600 MATERIAL AND EOUIPMENT MATERIAL AND EQUIPMENT 1.0 GENERAL 1.1 SECTION INCLUDES A Requirements for transportation, delivery, handling, and storage of materials and equipment. B References to Technical Specifications: 1. Section 01566 — Source Controls for Erosion & Sedimentation 1.2 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this work is a component. 1.3 PRODUCTS A Products: Means material, equipment, or systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components designated for reuse. B Do not reuse materials and equipment, designated to be removed, except as specified by the Contract Documents. C Provide equipment and components from the fewest number of manufacturers as is practical, in order to simplify spare parts inventory and to allow for maximum interchangeability of components. For multiple components of the same size, type or application, use the same make and model of component throughout the Work. 1.4 TRANSPORTATION A Make arrangements for transportation, delivery, and handling of equipment and materials required for timely completion of the Work. B Transport and handle products in accordance with instructions. C Consign and address shipping documents to the proper party giving name of Project, street number, and City. Shipments shall be delivered to the Contractor. 1.5 DELIVERY A Arrange deliveries of products to accommodate the Construction Schedule and in ample time to facilitate inspection prior to installation. Avoid deliveries that cause lengthy storage or overburden of limited storage space. 07/2006 01600 -1 of 3 CITY OF PEARLAND MATERIAL AND EQUIPMENT B Coordinate deliveries to avoid conflict with Work and conditions at the Project Site and to accommodate the following: 1. Work of other contractors or the Owner. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. Owner's use of premises. C Have products delivered to the Project Site in manufacturer's original, unopened, labeled containers. D Immediately upon delivery, inspect shipment to assure: I . Product complies with requirements of Contract Documents. 2. Quantities are correct. 3. Containers and packages are intact; labels are legible. 4. Products are properly protected and undamaged. 1.6 PRODUCT HANDLING A Coordinate the off-loading of materials and equipment delivered to the Project Site. If necessary to move stored materials and equipment during construction, Contractor shall relocate materials and equipment at no additional cost to the Owner. B Provide equipment and personnel necessary to handle products, including those provided by the Owner, by methods to prevent damage to products or packaging. C Provide additional protection during handling as necessary to prevent breaking scraping, marring, or otherwise damaging products or surrounding areas. D Handle products by methods to prevent over bending or overstressing. E Lift heavy components only at designated lifting points. F Handle materials and equipment in accordance with Manufacturer's recommendations. G Do not drop, roll, or skid products off delivery vehicles. Hand carry or use suitable materials handling equipment. 1.7 STORAGE OF MATERIAL A Store and protect materials in accordance with manufacturer's recommendations and requirements of these Technical Specifications. Control storage of potential water pollutants in conformance with Section 01566 — Source Controls for Erosion & Sedimentation. B Make necessary provisions for safe storage of materials and equipment. Place loose soil materials, and materials to be incorporated into the Work to prevent damage to any part of the Work or existing facilities and to maintain free access at all times to all parts of the Work and to utility service company installations in the vicinity of the Work. 07/2006 01600 - 2 of 3 CITY OF PEA RLAND MATERIAL AND EQUIPMENT C Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors, public travel, adjoining owners, tenants, and occupants. Arrange storage in a manner to provide easy access for inspection. D Provide adequately ventilated, watertight storage facilities with floor above ground level for materials and equipment susceptible to weatherdamage. E Restrict storage to areas available on the construction site for storage of material and equipment as shown on Plans or approved by the ProjectManager. F Provide off-site storage and protection when on-site storage is notadequate. G Do not use lawns, grass plots, or other private property for storage purposes without written permission of the owner or other person in possession or control of such premises. Damage to lawns, sidewalks, streets or other improvements shall be repaired or replaced to the satisfaction of the Project Manager. H Protect stored materials and equipment against loss ordamage. I Store materials in manufacturers' unopened containers. J Materials delivered and stored along the line of the Work shall be not closer than 3 feet to any fire hydrant. Public and private drives and street crossings shall be kept open. K The total length which materials may be distributed along the route of construction at any one time is 1000 lineal feet, unless otherwise approved in writing by the Project Manager. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - Not Used END OF SECTION 07/2006 01600 - 3 of 3 CITY OF PEA RLAND PRODUCT OPTIONS AND SUBSTITUTIONS Section 01630 PRODUCT OPTIONS AND SUBSTITUTIONS 1.0 GENERAL 1.1 SECTION INCLUDES A Options for making product or process selections. B Procedures for proposing equivalent construction products or processes, including pre - approved, and approved products or processes C References to Technical Specifications: 1. Section 01350 — Submittals 1.2 SUBMITTALS A Make Submittals required by this and related Sections under the provisions of Section 01350 — Submittals. 1.3 DEFINITIONS A Product: Means, materials, equipment, or systems incorporated into the Work. Product does not include machinery and equipment used for production, fabrication, conveying, and erection of the Work. Products may also include existing materials or components designated for re -use. B Process: Any proprietary system or method for installing system components resulting in an integral, functioning part of the Work. For this Section, the word Product includes Processes. 1.4 SELECTION OPTIONS A Pre -approved Products: Products of certain manufacturers or suppliers are designated in the Technical Specifications as "pre -approved". Products of other manufacturers or suppliers will not be acceptable under this Contract and will not be considered under the submittal process for approving alternate products. B Approved Products: Products of certain manufacturers or suppliers designated in the Technical Specifications followed by the words "or approved equal". Approval of alternate products not listed in the Technical Specifications may be obtained through provisions of this Section and Section 01350— Submittals. The procedure for approval of alternate products is not applicable to Pre -approved Products. C Product Compatibility: To the maximum extent possible, provide products that are of the same type or function from a single manufacturer, make, or source. Where more than one choice is available as a Contractor's option, select a product which is compatible with other products already selected, specified, or in use by the Owner. 07/2006 01630 - 1 of 3 CITY OF PEA RLAND 1.5 1.6 1.7 PRODUCT OPTIONS AND SUBSTITUTIONS CONTRACTOR'S RESPONSIBILITY A Furnish information the Engineer deems necessary to judge equivalency of the alternate product. B Pay for laboratory testing as well as any other review or examination cost needed to establish the equivalency between products which enables the Engineer to make such a judgment. C If the Engineer determines that an alternate product is not equivalent to that named in the Technical Specifications, the Contractor shall furnish one of the specified products. ENGINEER'S REVIEW A Alternate products may be used only if approved in writing by the Engineer. The Engineer's determination regarding acceptance of a proposed alternate product is final. B Alternate products will be accepted if the product is judged by the Engineer to be equivalent to the specified product or to offer substantial benefit to the Owner. C The Owner retains the right to accept any product deemed advantageous to the Owner, and similarly, to reject any product deemed not beneficial to the Owner. SUBSTITUTION PROCEDURE A B C D Collect and assemble technical information applicable to the proposed product to aid in determining equivalencyas related to the Approved Product specified. Submit a written request for a product to be considered as an alternate product along with the product information within fourteen (14) days after the Effective Date of the Agreement. After the submittal period has expired, requests for alternate products will be considered only when a specified product becomes unavailable because of conditions beyond the Contractor's control. Submit 5 copies of each request for alternate product approval. Include the following information: 1. Complete data substantiating compliance of proposed substitution with Contract Documents. 2. For products: a. Product identification, including manufacturer's name andaddress. b. Manufacturer's literature with product description, performance and test data, and reference standards. C. Samples, as applicable. d. Name and address of similar projects on which product was usedand date of installation. Include the name of the Owner, Architect/Engineer, and installing contractor. 07/2006 01630 - 2 of 3 CITY OF PEA RLAND PRODUCT OPTIONS AND SUBSTITUTIONS 3. For construction methods: a. Detailed description of proposed method. b. Shop Drawings illustrating methods. 4. Itemized comparison of proposed substitution with product ormethod specified. 5. Data relating to changes in Construction Schedule 6. Relationship to separate contracts, if any. 7. Accurate cost data on proposed substitution in comparison with product or method specified. 8. Other information requested by the Engineer. E Approved alternate products will be subj ect to the same review process as the specified product would have been for Shop Drawings, Product Data, and Samples. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - Not Used END OF SECTION 07/2006 01630 - 3 of 3 CITY OF PEARLAND Section 01720 FIELD SURVEYING 1.0 GENERAL 1.1 SECTION INCLUDES A Requirements for surveyors and surveys. FIELD SURVEYING B Procedures pertaining to survey control points and reference points. C References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01760 — Project Record Documents 1.2 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is acomponent. 1.3 QUALITY CONTROL A Conform to State of Texas laws for surveys requiring licensed surveyors. Employ a land surveyor acceptable to Engineer. 1.4 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit to Engineer the name, address, and telephone number of Surveyor before starting survey work. C Submit documentation verifying accuracy of survey work on request. 1.5 PROJECT RECORD DOCUMENTS A Maintain a complete and accurate log of control and survey work as it progresses. B Submit Record Documents under provisions of Section 01760 — Project Record Documents. 1.6 EXAMINATION A Verify locations of survey control points prior to starting Work. B Notify Engineer immediately of any discrepancies discovered. 07/2006 01720 - 1 of 2 CITY OF PEARLAND 1.7 1.8 2.0 3.0 SURVEY REFERENCE POINTS FIELD SURVEYING A Control datum for survey is that established by Owner -provided survey and indicated on Plans. B Locate and protect survey control points, including property corners, prior to starting site work. Use caution to preserve permanent reference points during construction. C The Contractor shall not reset; nor cause to be reset, lost, disturbed, or damaged; control points. Promptly notify Engineer of disturbance or damage to any control point(s). D Notify Engineer 48 hours in advance of need for relocation of reference points due to changes in grades or other reasons. E Report promptly to Engineer the loss or destruction of any reference point. F Any re -staking of control points lost, disturbed, or damaged by Contractor's operations will be provided by Owner at Contractor's expense. G Employ a Registered Public Land Surveyor to reset any missing, disturbed, or damaged monumentation. SURVEY REQUIREMENTS A Utilize recognized engineering surveypractices. B Establish a minimum of two permanent bench marks on Project Site, referenced to established control points. Record locations, with horizontal and vertical data, on Project Record Documents. C Establish and record in survey notes elevations, lines and levels to provide quantities required for Measurement and Payment and to provide appropriate controls for the Work. Locate and lay out by instrumentation and similar appropriate means: 1. Site improvements including pavements; stakes for grading; fill andtopsoil placement; utility locations, slopes, and invert elevations. 2. Grid or axis for structures. 3. Mounumented Baseline. D Verify periodically layouts by same means. PRODUCTS - Not Used EXECUTION - Not Used END OF SECTION 07/2006 01720 - 2 of 2 CITY OF PEARLAND Section 01760 PROJECT RECORD DOCUMENTS PROJECT RECORD DOCUMENTS 1.0 GENERAL 1.1 SECTION INCLUDES A Maintenance and Submittal of Record Documents and Samples. B References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01770 — Contract Closeout 1.2 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.3 SUBMITTALS A Make Submittals required by this and related Sections under the provisions of Section 01350 — Submittals. 1.4 MAINTENANCE OF DOCUMENTS AND SAMPLES A Maintain one copy of Record Documents at the Project Site in accordance with Section 00700 — General Conditions of Agreement, 3.02 "Keeping Plans and Specifications Accessible". B Store Record Documents and Samples in field office if a field office is required by Contract Documents, or in a secure location. Provide files, racks, and secure storage for Record Documents and Samples. C Label each document "PROJECT RECORD" in neat, large, printed letters. D Maintain Record Documents in a clean, dry, and legible condition. Do not use Record Documents for construction purposes. E Keep Record Documents and Samples available for inspection byEngineer. 1.5 RECORDING A Record information concurrently with construction progress. Do not conceal anywork until required information is recorded. B Plans, Change Orders, and Shop Drawings: Legibly mark each item to record all actual construction, or "as built" conditions, including: 1. Measured horizontal locations and elevations of underground utilities and 07/2006 01760 -1 of 2 CITY OF PEARLAND PROJECT RECORD DOCUMENTS appurtenances, referenced to permanent surface improvements. 2. Elevations of underground utilities referenced to bench marks utilized for the Work. 3. Field changes of dimension and detail. 4. Changes made by modifications. 5. Details not on original Plans. 6. References to related Shop Drawings and Modifications. C Record information with a red pen or pencil on a set of drawings indicated as the Record Document Set, provided by Engineer. 2.0 PRODUCTS - Not Used 3.0 EXECUTION A Deliver Record Documents and Samples to Owner in accordance with Section 01770 — Contract Closeout. END OF SECTION 07/2006 01760 - 2 of 2 CITY OF PEA RLAND 1.0 1.1 1.2 1.3 1.4 1.5 Section 01770 CONTRACT CLOSEOUT GENERAL SECTION INCLUDES CONTRACT CLOSEOUT A Closeout procedures including final submittals such as operation and maintenance data, warranties, and spare parts and maintenance materials. B References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01760 — Project Record Documents MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. CLOSEOUT PROCEDURES A Comply with Section 00700 — General Conditions of Agreement regarding Final Completion and Final Payment when Work is complete and ready for Engineer's final inspection. B Provide Record Documents under provisions of Section 01760 — Project Record Documents. C Complete or correct items on punch list, with no new items added. Anynew items will be addressed during warrantyperiod. D The Owner will occupy portions of the Work as specified in Section 00700 — General Conditions of Agreement. E Contractor shall request Final Inspection at least two weeks prior to Final Acceptance. FINAL CLEANING A Execute final cleaning prior to final inspection. B Clean debris from drainage systems. C Clean Project Site; sweep paved areas, rake clean landscaped surfaces. 09/2009 01770 -1 of 2 CITY OF PEARLAND CONTRACT CLOSEOUT D Remove waste and surplus materials, rubbish, and temporary construction facilities from the Project Site following the final test of utilities and completion of the Work. 1.6 OPERATION AND MAINTENANCE DATA A Submit Operations and Maintenance data under provisions of Section 01350 — Submittals. 1.7 WARRANTIES A Provide one original of each warranty from Subcontractors, Suppliers, and Manufacturers. B Provide Table of Contents and assemble warranties in 3-ring/D binder with durable plastic cover. C Submit warranties prior to Final Application for Payment. 1. Warranties shall commence in accordance with the requirements of Section 00700 — General Conditions of Agreement, 1.09 "Substantially Completed". 2.0 PRODUCTS - Not Used 3.0 E X E C U T 10 N Contractor shall diligently pursue completion of the items and activities contained in the Contract Close Out and Project Record Document sections of the project manual. Notwithstanding any performance of warranty work, the work of Contract Closeout shall be complete within thirty (30) days of the date of Final Completion and Acceptance of the work. END OF SECTION 09/2009 01770 - 2 of 2 CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 2 TECHNICAL SPECIFICATIONS DIVISION 2 SITE WORK 07/2006 CITY OF PEA RLAND Section 02200 SITE PREPARATION 1.0 GENERAL 1.1 SECTION INCLUDES SITE PREPARATION A Removal of topsoil, stripping and stockpiling, clearing andgrubbing. B Removal and disposal of waste materials, excess materials, debris andtrash. C Removal of obstructions. D Excavation and fill. E Salvaging of designated item. F References to Technical Specifications: 1. Section 01200 — Measurement and Payment Procedures 2. Section 01350 — Submittals 3. Section 01450 — Testing Laboratory Services 4. Section 01500 — Temporary Facilities and Controls 5. Section 02255 — Bedding, Backfill and Embankment Material 6. Section 02330 — Embankment 7. Section 01140 — Contractor's Use of Premises G Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 4318, "Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils" 1.2 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is acomponent. B If Site Preparation is included as a Bid Item, measurement will be based on the Units shown in Section 00300 — Bid Proposal and in accordance with Section 01200 — Measurement and Payment Procedures. 1.3 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit embankment material sources and product quality information in accordance this Section. 07/2006 02200 - 1 of 4 CITY OF PEARLAND 1.4 1.5 2.0 2.1 3.0 3.1 TESTING SITE PREPARATION A Testing and analysis of product quality, material sources, or field quality shall be performed by an independent testing laboratory provided by the Owner under the provisions of Section 01450 — Testing Laboratory Services and as specified in this Section. PROTECTION OF PEOPLE AND PROPERTY A Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500 —Temporary Facilities and Controls. PRODUCTS MATERIALS A Contractor shall provide materials used as embedment, backfill, back -dressing, and embankment identified on the Plans in accordance with Section 02255 — Bedding, Backfill and Embankment Material. EXECUTION CLEARING AND GRUBBING. A Clear Project Site oftrees, shrubs, and other vegetation, except for those designated by Owner to be left standing. B Use only hand methods for grubbing inside drip line of trees designated to remain. C Completely remove stumps, roots, and other debris protruding through ground surface. 1. On areas required for roadway, channel, or structural excavation, remove stumps, 2" diameter or larger limbs and roots, to depth of 2 feet below lower elevation of excavation. 2. On areas required for embankment construction, remove 2" diameter limbs, stumps and roots to depth of 2 feet below ground surface 3. Trees and stumps may be cut off as close to natural ground as practicable on areas which are to be covered by at least 3 feet ofembankment D Fill depressions caused by clearing and grubbing operations with satisfactory soil material, unless further excavation or earthwork is indicated. 1. Place fill material in horizontal layers not exceeding 6 inches loose depth, and thoroughly compact to density equal to adjacent original ground. E Complete operations by bulldozing, blading, and grading so that prepared area is free of holes, unplanned ditches, abrupt changes in elevations and irregular contours, and preserve drainage of area. 1. Blade entire area to prevent ponding of water and to provide drainage, except in areas to be immediately excavated 07/2006 02200 - 2 of 4 CITY OF PEARLAND 3.2 3.3 3.4 3.5 TOPSOIL STRIPPING AND STOCKPILING SITE PREPARATION A Obtain approval of topsoil quality before excavating andstockpiling. B Excavate topsoil for esplanades and areas to receive grass or landscaping from areas to be further excavated. C Topsoil Stripping: 1. Remove growths of grass from areas before stripping. 2. Topsoil is defined as surface soil found of depth of not less than 4 inches. 3. Strip topsoil to depths encountered. 4. Perform stripping in a manner to prevent intermingling of topsoil with underlying sterile subsoil and remove objectionable materials, including clay lumps, stones over 2 in. in diameter, weeds, roots, leaves, and debris. 5. Where trees are designated by Owner to be left standing, stop topsoil stripping at extreme limits of tree drip line to prevent damage to main root system. D Topsoil Stockpiling: 1. Stockpile in areas designated on Plans. 2. Construct storage piles to freely drain surfacewater. 3. Cover storage piles, if required to prevent wind-blown dust. 4. Stockpile topsoil to depth not exceeding 8 feet. Stockpile in a manner to prevent erosion. UNSUITABLE MATERIAL A Undercut, remove, and replace material which Engineer designates as unsuitablefor subsequent construction. B Material used to replace unsuitable material shall be suitable material from site excavation or as indicated on Plans. EXCAVATION AND FILL A Depressed site areas shall be filled using material from high areas, insofar as practicable. B When fill obtained from high areas is exhausted, fill to indicated rough grade elevations under roadways with "Structural Fill" and open areas not under structures or roadways with "General Fill", or as indicated on Plans. C Place and compact fill in accordance with Section 02330 —Embankment. SALVAGEABLE ITEMS AND MATERIAL A Items designated by Engineer to be salvaged are to be carefully removed, so as to cause no damage to the salvaged items and delivered to Owner's storage yard. 07/2006 02200 - 3 of 4 CITY OF PEARLAND 3.6 CLEAN-UP AND RESTORATION SITE PREPARATION A Perform clean-up and restoration in and around construction zone in accordance with Section 01140 — Contractor's Use of Premises. END OF SECTION 07/2006 02200 - 4 of 4 CITY OF PEA RLAND Section 02220 SITE DEMOLITION 1.0 GENERAL 1.1 SECTION INCLUDES SITE DEMOLITION A Demolishing and removing existing pavements, structures, equipment and materials only to the extent as indicated on the Plans. B Removing concrete paving, asphaltic concrete pavement, and base courses. C Removing concrete curbs, concrete curb and gutters, sidewalks and driveways. D Removing pipe culverts and sewers. E Removing miscellaneous structures of wood, plastics, metals, concrete, masonry, or combination of concrete and masonry, etc. F Disposing of demolished materials and equipment. G References to Technical Specifications: 1. Section 01200 — Measurement and Payment Procedures 2. Section 01350 — Submittals 3. Section 01 500 — Temporary Facilities and Control 4. Section 01100 — Summary of Work 5. Section 01730 — Cutting and Patching 6. Section 01140 — Contractor's Use of Premises 7. Section 01562 — Waste Material Disposal 1.2 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for removing and disposing of existing pavement and structures under this Section. Include cost for removing and disposing of existing pavement and structures in Bid Items for which this Work is a component. B If indicated as a Bid Item, measurement will be as follows: 1. Measurement for removing and disposing of concrete base and surfacing, and removing asphaltic surfacing, is on a square yard basis measured between lips of gutters. 2. Measurement for removing and disposing of cement stabilized shell base course, with or without asphalt surfacing, is on a square yardbasis. 3. Measurement for removing and disposing of concrete base and surfacing with curbs, is on a square yard basis measured from back to back of curbs. Payment includes removal of all base, asphaltic surfacing, concrete pavement, esplanade curbs, curb and gutters, and paving headers. 04/2008 02220 - 1 of 5 CITY OF PEAPLAND SITE DEMOLITION 4. Measurement for removing and disposing of concrete pavement is on a square yard basis measured from back to back of curbs. 5. Measurement for removing and disposing of monolithic curb and gutter, removing monolithic concrete curb, and removing concrete curb, is on a lineal foot basis measured along the face of the curb. 6. Measurement for removing and disposing of concrete sidewalk and driveway is on a square yard basis. 7. Measurement for removing and disposing of miscellaneous concrete and masonry removal is on a cubic yard basis of the structure in place. 8. Measurement for removing and disposing of pipe culverts and sewers is on a lineal foot basis for each diameter of type of piperemoved. 9. Measurement for removing and disposing of unlisted materials shall be on the lump sum basis. C No payment will be made for work outside maximum payment limits indicated on Plans, or in areas removed for Contractor's convenience. D Refer to Section 01200 — Measurement and Payment Procedures. 1.3 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit proposed methods, equipment, materials and sequence of operations for demolition. Describe coordination for shutting off, capping, and removing temporary utilities. Plan operations to minimize temporary disruption of utilities to existing facilities or adjacent property. C Submit proposed demolition and removal schedule for approval. Notify Engineer in writing at least 48 hours before starting demolition. D Submit an approved copy of demolition schedule to Engineer prior to commencement of demolition operations. E Obtain a permit for building demolition, as required. 1.4 PROTECTION OF PEOPLE AND PROPERTY A Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500 — Temporary Facilities and Controls. B The Contractor shall be responsible for safety and integrity of adjacent structures and shall be liable for any damage due to movement or settlement. Provide proper framing and shoring necessary for support. Cease operations if an adjacent structure appears to be endangered. Resume demolition only after proper protective measures have been taken. 04/2008 02220 - 2 of 5 CITY OF PEA RLAND 1.5 1.6 2.0 2.1 3.0 3.1 3.2 OWNERSHIP OF MATERIAL AND EQUIPMENT SITE DEMOLITION A Materials and equipment designated for reuse or salvage are listed in Section 01100 — Summary of Work. Protect items designated for reuse or salvage from damage during demolition, handling and storage. Restore damaged items to satisfactory condition. B Materials and equipment not designated for reuse or salvage become the propertyof the Contractor. STORAGE AND HANDLING A Store and protect materials and equipment designated for reuse until time of installation. B Deliver and unload items to be salvaged to storage areas indicated on Plans. C Remove equipment and materials not designated for reuse or salvage and all waste and debris resulting from demolition from site. Remove material as work progresses to avoid clutter. PRODUCTS EQUIPMENT AND MATERIALS FOR DEMOLITION A Use equipment and materials approved as prescribed in this Section, 1.03 "Submittals'. B Use of a "drop hammer" must have the Engineer's priorapproval. EXECUTION EXAMINATION A Prior to demolition, make an inspection with Engineer to determine the condition of existing structures and features adjacent to items designated fordemolition. B Engineer will mark or list existing equipment to remain the property of the Owner. C Do not proceed with demolition or removal operations until after the joint inspection and subsequent authorization by Engineer. D Stop demolition and notify Engineer if underground fuel storage tanks, asbestos, PCB's, contaminated soils, or other hazardous materials are encountered. UTILITY SERVICES A Follow rules and regulations of authorities or companies having jurisdiction over communications, pipelines, and electrical distribution services. B Notify and coordinate with utility company and adjacent building occupants when temporary interruption of utility service is necessary. 04/2008 02220 - 3 of 5 CITY OF PEARLAND SITE DEMOLITION C When required by the Work, cutting, patching, and fitting of Work to existing facilities, accommodating installation or connection of Work with existing facilities, or uncovering Work for access, inspection, or testing shall be performed in accordance with Section 01730 — Cutting and Patching 3.3 MECHANICAL WORK ITEMS A Mechanical removals consist of dismantling and removing existing piping, pumps, motors, water tanks, equipment and other appurtenances. It includes cutting, capping, and plugging required to restore use of existing utilities. B Remove existing process, water, chemical, gas, fuel oil and other piping not required for new work. Take out piping to the limits shown or to a point where it will not interfere with the new work. Piping not indicated to be removed or which does not interfere with new work shall be removed to the nearest solid support, capped, and the remainder left in place. Purge chemical and fuel lines and tanks. Verify that such lines are safe prior to removal or capping. C Where piping that is to be removed passes through existing walls, cut and cap piping on each side of the wall. Use cap appropriate for pipe material to be capped. Provide fire -rated sealant for walls classified as fire -rated. D When underground piping, which is not located in the public right-of-way, is to be altered or removed, cap the remaining piping. Abandoned underground piping may be left in place unless it interferes with new work or is shown or specified to be removed. Piping less than 15 inches in diameter may be plugged and abandoned in place. For piping 15 inches in diameter and greater to be abandoned, fill with sand, pressure grout or other approved method and plug with concrete or brick masonrybulkhead. E Remove waste and vent piping to points shown. Plug pipe and cleanouts and plugs. Where vent stacks pass through an existing roof that is to remain, remove the stack and patch the hole in the roof, making it watertight. Comply with requirements of existing roof installer so as to maintain roofwarranty. F Conform to applicable codes when making any changes to plumbing and heating systems. 3.4 ELECTRICAL WORK ITEMS A Electrical removals consist of disconnecting and removing existing switchgear, distribution switchboards, control panels, bus duct, conduits and wires, panel boards, lighting fixtures, and miscellaneous electrical equipment. B Remove existing electrical equipment and fixtures to prevent damage to allow continued operation of existing systems and to maintain the integrity of the grounding systems. 04/2008 02220 - 4 of 5 CITY OF PEARLAND SITE DEMOLITION C Remove poles and metering equipment, if designated for removal on the Plans. Coordinate electrical removals with the power company, as necessary. Verify that power is properly de -energized and disconnected. D Where shown or otherwise required, remove wiring in underground duct systems. Verify function of wiring before disconnecting and removing. Plug ducts which are not to be reused at entry to buildings. E Changes to electrical systems shall conform to applicable codes. 3.5 CLEAN-UP AND RESTORATION A Perform clean-up and restoration in and around construction zone in accordance with Section 01140 — Contractor's Use of Premises. B Remove from the site all items contained in or upon the structure not designated for reuse or salvage in accordance with this Section and Section 01562 — Waste Material Disposal. C Follow method of disposal as required by regulatory agencies. END OF SECTION 04/2008 02220 - 5 of 5 CITY OF PEARLAND TECEMCAL SPECIFICATIONS DIVISION 3 TECHNICAL SPECIFICATIONS DIVISION 3 07'2006 raFLBID ITEMO 0 0 1 Optical Conn=ctivi<,. 12 -Fiber SC/UPC Configuration DAS Poli -MOD LGX is a registered trademark of Furukawa Electric North America, Inc. Poli -MOD® Patch and Splice Module AFL's new Poli -MOD is an innovative patch and splice module, which offers an inventive and effective means to accommodate up to 24 fiber interconnections in an industry -standard, single -slot LGX11118 footprint. The new Poli -MOD offers a unique and robust way to secure cable without the need for time -wasting, tie -wrap alternatives. Additionally, the module leverages a creative snap -in splice sleeve cradle to securely manage both single and ribbon fiber arrangements. These features provide the capacity to outfit a standard 4RU rack -mount panel with up to 288 -fiber interconnections. The Poli -MOD is also offered in an arrangement that supports the low loss budget requirements of Distributed Antenna System (DAS) networks. This is accomplished through the elimination of an interconnection point while providing a robust splicing environment for rack and wall -mount panel applications. Features • 24 -fiber interconnection capacity • LGX 118 compatibility (single -slot module) • Effective and time -saving cable mounting mechanism (no tie -wraps necessary) • Inventive splice sleeve cradle • Available in SC, LC, ST and FC connector arrangements • Organized fiber routing • Fixed solution, no moving parts • Multi -directional cable entry access • DIN rail mountable (with DIN Mount Kit) Applications • Telecommunications Closets • Data Centers • Customer Premise • Local Area Networks • Wide Area Networks • Central Offices • Hub Sites • Cabinets • Remote Terminals • Distributed Antenna Systems (DAS) www.AFLglobal.com or (800) 235-3423 ® 2013, AFL, all rights reserved. PP -2-00089, Revision 4, 8.6.15 Specifications are subject to charl%e without notice. FAFL Poli -MOD® Patch and Splice Module Ordering Information Example: PM -L -I2 -ASC -0-S-01 ----PM - -- L Configuration E = Empty (Splicing Only) H = Half Loaded (Adapter Plate only) L = Loaded (Adapter Plate & Pigtails) D = OAS Poli -MOD' Optical Connectivity - 12 1 — ASC_ Poli -MOD Kits/Accessories CONNECTOR COLOR Fiber/CornectorCount CortnectorTypea RberType 06 = 6 FibersKonnectors ASC = Angle -Polished SC 0 = Single -mode 11=12 Rbea/Conriectors USC = Ultra -Polished SC (G.657.A1 81F) 24 = 24 FiberslConrlectors' PSC = Multimode SC 1 = 62.5 pm (OM t ) XX = Empty ALC = Angle -Polished LC 2 = 50 pm (OM2) Black ULC = Ultra -Polished LC 3 = 50 pm (OM3) PC -OM3 1 PC-OM4 _ PLC = Muhimode LC 4 = 50 pm (0M4) FM003589-8 UST = Ultra -Polished ST Corning CCH and PCH 145 mm Adapter Bracket PST = Multimode ST X = Empty AFC =Angle -Polished FC FM003394 UFC = Uhra-Polished FC PFC = Muhimode FC XXX — E I DAS Poli -MOD requims specahy packaging and is padged as ' I Poli -MOD per bon' ONLY 2.24 Fibers/Cornectors arc only milable in a LC Duplex mntiguration. 3 Angle and Ultra -Polished connector types are any available with single -mode fiber cordigurauons I'. Fiber Arrangement Packaging S = SirgleirStardard 01 = 1 P01i-M0D per box' R = Ribbon 06 = 6 Poli -MODS per box 3 = 3 mm, 3 meter OAS 12 =12 Polk%M per box X = No Fibs (Half Loaded or Empty) Connector Color Codes Poli -MOD Kits/Accessories CONNECTOR COLOR DESCRIPTION AFL NOL APC (Angled Polish Connector) Green Poli -MOD Cable Mourning Clip Kit i FM003053 UPC (Ultra Polish Connector) Blue Poli -MOD S�2iral Wrap Kit FM003280 PC -0M1 - --- -- Beige — _ - Fusion Splice Sleeve, FP -03,40 mm 5000206 J PC -OM2 Black Adapter Bracket for Mounting Single Poli -MOD, angled FM000948-8 PC -OM3 1 PC-OM4 _ Aqua Adapter Bratdmt for Mounting Single Poli -MOD, flat FM003589-8 Corning CCH and PCH 145 mm Adapter Bracket FM001636 DIN Mount Kit, LGX• 118 FM003394 Dimensions 4.14 in. (105 mm) 6.07 in. (154 mm) [I= ui L—W E3 1.14 in. _ (29 mm) O 5.12 in. 1130 mm) www.AFLglobal.com or (800)235-3423 ©2013,AFL, all rights reserved. PP -2-00089, Revision 4, 8.6.15 Specifications are subject to change without notice. BID ITEM 0002 n T� JOHN DRAKE EQUIPMENT QUOTE T��lt[ 1 1700 Carnegie Ave. Suite 100 Quote #: 032917-5-JGD Santa Ana, CA 92705-5551 Phone: (512)592-9567 email: jgd@iteris.com, web site: www.iteris.com EdKupferer ekupferer@c).pearland.tx.us jTERIs --- SIEMENSPearland, City of �► ' 2559 Hillhouse Rd, EAGLE+ r �r arrtaglePegasus", Pearland, TX 77581 Agency: Project Name: COMM CABINET March 29, 2017 ITEM # DESCRIPTION NOTES QTY SUPPLIER UNIT PRICE EXT. PRICE COMM CABINET WITH POWER PANEL, SURGE SUPPRESSION AND 4 ITEM OUTLET POWER STRIP _ _ _ is EL762TX1 BBS CABINET SHELL 15 _ AAD16669-001 TXDOT BBS POWER PANEL 15 100102001 FAN&THERMO KIT NEMA 15 _ 4 -OUTLET BOX 4 OUTLET POWER STRIP 15 Fax or email Purchase Orders to: Marilyn Holden, (949) 270-9441, mdh@iteris.com, please include quote number on your 4FREIGHT purchase order Quote Terms: Net 30 days, subject to credit approval and Iteris Standard Terms & Conditions unless negotiated in writing with Reris, Inc. prior to purchase. PPD Prices are valid for 30 days from the date of quote unless extended in writing. 0.00% FOB Destination, freight included, does not include insurance. Equipment from this quote may only be installed in the State of Texas. DISCOUNT 0.00% This quotation and any resulting order are subject to Iteris' Roadway Sensor Products Standard Terms and Conditions of Sale attached hereto or available at http://www.iteris-com/RS-Std-TC.pdf, which are incorporated herein by this reference. TOTAL AFLBID ITEM 00030ptical Connectivity Xpress Fiber Management° (XFM°) 4RU Patch Panel The Xpress Fiber Management (XFM) 4RU patch panel is a rack mountable interconnect point specifically designed to manage dense fiber applications. Based on the LGX® a intermateability platform, the panel is fully compatible with AFL's XFM Optical Cassette, Poli -MOD® and WDM solutions, offering enhanced management of densities up to 288F using MTP/MPO, single fiber, or patch and splice methodologies. Routing rings on the top and bottom of the front panel provide enhanced cable routing allowing cable assemblies to exit comfortably. This panel can be provisioned with a key lock at the time of order for secure environments. Made in USA Features • Aluminum construction • Textured black powder coat finish • Universal WECO/TIA 19"/23" rack compatibility • (12) LGX 118 adapter plate / module mounting positions • Mounting depth adjustable from flush to 8" in 1 " increments Specifications Applications • Data Centers • Enterprise Networks • Telecommunications Closets • Central Offices / Headends DEPTH (A) FRONT WIDTH (B) REAR WIDTH (C) HEIGHT (D) RACK UNLOADED IN INCHES IN INCHES IN INCHES IN INCHES UNITS CAPACITY WEIGHT 15.5 17 15 7 4 (12) LGX 118 19lbs. Ordering Information DESCRIPTION r ID Fiber Management 4U Patch Fiber Manaaement 4U Patch v Lock MODEL NO. t' AFL NO. XFM-41.1-13-0 FM001090-B M www.AFLglobal.com or (800) 235-3423 © 2008,AFL, all rights reserved. PP -2-00115, Revision 5, 4.27.17 Specifications are subject to change without notice. iAFLBID ITEM 0004.ptical Connectivity WME01 WME01 rear mounting clip for DIN rail WME01 with DIN rail mounting kit LGX is a registered trademark of Furukawa Electric North America, Inc. Wall Mount Interconnect Enclosure (WME) with One LGX® Mounting Position AFL's wall mount interconnect enclosure (WME01) provides a convenient convergence point for interconnecting and/or splicing in wall mount applications. Provisioned for one LGX-compatible adapter plate or optical module, the enclosure features a well -engineered solution for fiber and cable management on both the top and bottom openings of the enclosure. Robust steel construction ensures the highest level of protection for sensitive components while integrated roll -formed hinges eliminate possible fiber pinch points. The WME01 features a front access door which is lockable with a common pad -lock or tube -style keyed lock. Features Fits comfortably into new and existing interconnect, cross -connect and co -location environments • U-shaped cable entry eliminates the need to feed preconnectorized cables through an inconvenient access port • Modular design fully compatible with Poli -MOD® products and XFM® optical cassettes • Locking option for flexibility and security • Available empty, with adapters, or with adapters, splice chip and pigtails pre-installed • LGX 118 compatible • Optional DIN rail mounting kit (sold separately) • All major connector types are supported Applications • Co -Location sites • Customer premise • Hub/OTN sites • Telecommunication closets • Campus/enterprise environments Specifications • Solid steel construction • Powder coat black textured finish • Top or bottom cable entry with dust resistant grommets • Single -hasp locking/security system • 12 to 24 fiber patch and splice density • One LGX mounting position • Physical dimensions: 5.6"H x 7"W x 1.5"D • Empty version weight: 2.0 lbs. www.AFLglobal.com or (800)235-3423 ©2016,AFL, all rights reserved. PP -2-00236, Revision 1, 2.15.16 Specifications are subject to change without notice. 1' rAFL Wall Mount Interconnect Enclosure (WME) with One LGX® Mounting Position Ordering Information EMPTY DESCRIPTION AFL NO. WME01 Empty INMF'' Optical Connectivity HALF LOADED: WME WITH ADAPTER PLATES AND ADAPTERS ONLY AFL N0. Angle Polish LC Duplex (ZR) sleeve -SM PDL CONN. FIBER AFL NO - UPC SM (BLUE) APC SM (GREEN) PC MM 62.5 (BEIGE) PC MM 50 (BLACK) PC MM OM3 (AQUA) PC MM OM4 (AQUA) TYPE CT. UPC SM (BLUE) APC SM (GREEN) PC MM 62.5 (BEIGE) PC MM 50 (BLACK) PC MM OM3 (AQUA) PC MM OM4 (AQUA) SC T 6 WME01AS-USCSM-006000: WM AS10E ASCSM-006000 WMEOIAS-PSCMCr006000 WMEOIAS-PSCM5-006000 NME01A5 PSCML-006000 WME01AWSOK-006000 WME0lFS-UDLSM-0061CO 12 WME0IAS-USCSM-012000 WME01AS-ASCW-012000 WMEOIAS-PSCM6O12000 WME0IAS-PSCM5-012000 WME01AS-PSCML-012000 WMEOIAS-PSCMC-012000 LC 6 WME01AS-UDLSM-MOOO WME01A5-ADLSM-006000 WME01A5-PDLM6-006000 WMEOIAS-PDLM5-006000 WME0IAS-PDLML-006000 WME01A5-PDLMC-006000 WME0IFH-PDLM5-0241C0 12 WMEOIAS-UDLSM-012000 WME01AS-ADLSM-012000 WME0IAS-PDLM6-012000 WME0IAS-PDLM5-012000 WME01AS-PDLML-012000 WME01AS-PDLMC-012000 WMEOlFS-PSTML- 0 24 WMEOIAH-UDLSM-024000 WMEOIAH-ADLSM-024000 WME0IAH-PDLM6-024000 WME0IAH-PDLM5-024000 WME01AH-PDLML-024000 WME0IAH-PDLMC-024000 ST 6 WWE01ASAISM000000 — WMEMAS-PSTM6OO61N-7WME01A5-PSTMS-0060dD WME01A5-PS-M MIX100 WME01A5-PSTMC-006000 I 12 MIAFOlMVS15M-0120M — WMEOMS-PST 012000 WME01A5-PSTM5-012000 WME01AS-PSTML-012000 W1VIEO1AS-PSTN(-012000 FC 6 WMEOIAS-UKSM-006000 WME01AS-AFCSM-006000 WME01A5-PFCM6-006000 WME0IAS-PFCM5-006000 WME01AS-PFCML-006000 WMEOIAS-PFCW-ODM 12 WME01AS-UFCSM-012000 WMEOIAS-AFCSM-012000 WME01A5-PFCM6-012000 WME0IAS-PKM5-012000 WMEOIAS PFCML-012000 WME01AS-PFCMC-012000 CONN. FIBER AFL N0. Angle Polish LC Duplex (ZR) sleeve -SM PDL Physical Polish LC Duplex (PB) sleeve -MM TYPE CT. UPC SM (BLUE) APC SM (GREEN) PC MM 62.5 (BEIGE) PC MM 50 (BLACK) PC MM OM3 (AQUA) PC MM OM4 (AQUA) SC 6 WME01F5USCSM-0061C0 WME01F5ASCSM-0061 C0 NMIE01F5-PSCM60061C—WME01F5PSCMS0061C0 l F WMEOIFSPSCML-0061C0 WMEOIFSPSCMC0061C0 12 i -- WME01F5 USCSM-0121C0 - -- — r-- - .-._ ,yMlE01F5 ASCSM-0121C0 WME01F5 PSCM6-0121C0 - -- — WME01F5 PSCMS-0121C0 — --- WMEOIFS PSCML-012100 WME0IFS-0SCMC-012100 LC 6 WME0lFS-UDLSM-0061CO WME0lFS-ADLSM-006100 WME0IFS-PDLM6-006100 WME0IFS-PDLM5-006100 WME01FSPDLML-0061CO WMEOlFS-PDLMC-006100 12 WMEOlFS-UDLSM-0121CO WMEOlFS-ADLSM-0121CO WME0I5-PDLM6-012100 W1VIE0IFS-PDLM5-0121C0 WME0IFS-PDLML-0121(0 I WMEOlFS-PDLW-012100 24 WMEOIFH O M-0241CO WME01FH-ADLSM-0241'0 WME01FH-PDLM6-0241 CO WME0IFH-PDLM5-0241C0 WMEOlFH-PDLML-024100 WMEOlFH-PDLMC-024100 ST6 WMEOVS-USTSM-0061CO — T WME01F5-PSTM6-006100 WMEOIFS-PSTM5-0061CO WMEOlFS-PSTML- 0 WMEOlFS-PSTMC 0 12 i WMEOlFS-USTSM-012100 _ WME01FS-PSTM6-0121 CO WME015-PSTM5-0121CO F WMEOlFS-PSTML-0121CO WMEOIFS-PSTMC-0121C0 FC 6 WMEOlFS-UFCSM-0061CO WME01FS-AFCSM-0061 CO WME0IFS-PFCM60061CO+WME01F5-PFCM5-0061C0 NMEOIFS-PFCML-0061CO WMEOlFS-PFCMC-0061C0 I 12 1 WMEOlFS-UFCSM-0121CO I WMEOlFS-AFCSM-0121CO WMEOIFS-PFCM6-0121CO WMEOIFS-PFCM5-0121CO WMEOIFS-PFCML-012100 WMEOIFS41KMC-0121C0 ACCESSORIES JJJFM DESCRIPTION _ AFL NO. DIN Mount M LGX' 118 (Nylon DIN Clips and Screws) FM003388 ~ Connector/Adapter Key ' TYPE ! DESCRIPTION ASC Angle Polish SC (ZR) sleeve -SM ASF Angle Polish SC Duplex (ZR) sleeve -SM PSC Physical Polish SC (PB) sleeve -MM PSF Physical Polish SC Duplex (PB) sleeve -MM USC Ultra Polish SC with (ZR) sleeve -SM USF I Uhra Polish SC Duplex (ZR) sleeve -SM LGX is a registered trademark of Furukawa Electric North America, Inc. TYPE DESCRIPTION PST Physical Polish ST (PB) sleeve -MM UST Ultra Polish ST (ZR) sleeve -SM AFC i Angle Polish FC (ZR) sleeve -SM P_FC Physical Polish FC (PB) sleeve -MM UFC Ultra Polish FC (ZR) sleeve -SM www.AFLglobal.com or (800) 235-3423 43 TYPE DESCRIPTION ADL Angle Polish LC Duplex (ZR) sleeve -SM PDL Physical Polish LC Duplex (PB) sleeve -MM PLC Physical Polish LC (PB) sleeve -MM_ UDL Ultra Polish LC Duplex (ZR) sleeve -SM ULC Ultra Polish LC (ZR) sleeve -SM C 2016, AFL, all rights reserved. PP -2-00236, Revision 1, 2.15.16 Specifications are subject to change without notice Item 618 Conduit DESCRIPTION Furnish and install conduit. 2. MATERIALS Texas o/Tian sus Provide new materials that comply with the details shown on the plans, the requirements of this Item, and the pertinent requirements of the following Items: ■ Item 400, "Excavation and Backfill for Structures" ■ Item 476, "Jacking, Boring, or Tunneling Pipe or Box" When specified on the plans, provide: ■ rigid metal conduit (RMC); ■ intermediate metal conduit (IMC); ■ electrical metallic tubing (EMT); ■ polyvinyl chloride (PVC) conduit; ■ high density polyethylene (HDPE) conduit; ■ liquidtight flexible metal conduit (LFMC); or ■ liquidtight flexible nonmetallic conduit (LFNC). Furnish conduit from new materials in accordance with DMS -11030, "Conduit." Provide prequalified conduit from the Department's MPL. When required by the Engineer, notify the Department in writing of selected materials from the MPL intended for use on each project. Provide other types of conduit not on the MPL that comply with the details shown on the plans and the NEC. Fabricate fittings such as junction boxes and expansion joints from a material similar to the connecting conduit, unless otherwise shown on the plans. Use watertight fittings. Do not use set screw and pressure -cast fittings. Steel compression fittings are permissible. When using HDPE conduit, provide fittings that are UL -listed as electrical conduit connectors or thermally fused using an electrically heated wound wire resistance welding method. Use red 3 -in. 4 -mil polyethylene underground warning tape that continuously states "Caution Buried Electrical Line Below." CONSTRUCTION Perform work in accordance with the details shown on the plans and the requirements of this Item. Use established industry and utility safety practices when installing conduit located near underground utilities. Consult with the appropriate utility company before beginning work. Install conduit a minimum of 18 in. deep below finished grade unless otherwise shown on the plans. Meet the requirements of the NEC when installing conduit. Secure and support conduit placed for concrete encasement in such a manner that the alignment will not be disturbed during placement of the concrete. Cap ends of conduit and close box openings before concrete is placed. 783 618 Ream conduit to remove burrs and sharp edges. Use a standard conduit cutting die with a 3l4 -in. taper per foot when conduit is threaded in the field. Fasten conduit placed on structures with conduit straps or hangers as shown on the plans or as directed. Fasten conduit within 3 ft. of each box or fitting and at other locations shown on the plans or as directed. Use metal conduit damps that are galvanized malleable or stainless steel unless otherwise shown on the plans. Use 2 -hole type clamps for 2 -in. diameter or larger conduit. Fit PVC and HDPE conduit terminations with bushings or bell ends. Fit metal conduit terminations with a grounding type bushing, except conduit used for duct cable casing that does not terminate in a ground box and is not exposed at any point. Conduit terminating in threaded bossed fittings does not need a bushing. Before installation of conductors or final acceptance, pull a properly sized mandrel or piston through the conduit to ensure that it is free from obstruction. Cap or plug empty conduit placed for future use. Perform trench excavation and backfilling as shown on the plans or as directed, and in accordance with Item 400, "Excavation and Backfill for Structures." Excavation and backfilling will be subsidiary to the installation of the conduit. Jack and bore as shown on the plans or as directed, and in accordance with Item 476, "Jacking, Boring, or Tunneling Pipe or Box." Place warning tape approximately 10 in. above trenched conduit. Where existing surfacing is removed for placing conduit, repair by backfilling with material equal in composition and density to the surrounding areas and by replacing any removed surfacing, such as asphalt pavement or concrete riprap, with like material to equivalent condition. Mark conduit locations as directed. 4. MEASUREMENT This Item will be measured by the foot of conduit. This is a plans quantity measurement Item. The quantity to be paid is the quantity shown in the proposal, unless modified by Article 9.2., "Plans Quantity Measurement." Additional measurements or calculations will be made if adjustments of quantities are required. 5. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Conduit" of the type and size specified and the installation method specified as applicable. This price is full compensation for fumishing and installing conduit; hanging, strapping, jacking, boring, tunneling, trenching, and furnishing and placing backfill; encasing in steel or concrete; replacing pavement structure, sod, riprap, curbs, or other surface; marking location of conduit (when required); furnishing and installing fittings, junction boxes, and expansion joints; and materials, equipment, labor, tools, and incidentals. Flexible conduit will not be paid for directly but will be subsidiary to pertinent Items. Unless otherwise shown on the plans, no payment will be allowed under this Item for conduit used on electrical services or in foundations. 784 624 Item 624 - Ground Boxes Ar „ 1. DESCRIPTION ■ Installation. Construct, furnish, and install ground boxes complete with lids. ■ Removal. Remove existing ground boxes. 2. MATERIALS Provide new materials that comply with the details shown on the plans, the requirements of this Item, and the pertinent requirements of the following items: ■ Item 420, "Concrete Substructures" ■ Item 421, "Hydraulic Cement Concrete" ■ Item 432, "Riprap" ■ Item 440, "Reinforcement for Concrete" ■ Item 618, "Conduit" ■ Item 620, "Electrical Conductors" Provide fabricated precast polymer concrete ground boxes in accordance with DMS -11070, "Ground Boxes." Provide prequalified ground boxes from the Department's MPL. When required by the Engineer, notify the Department in writing of selected materials from the MPL intended for use on each project. Provide other precast or cast -in-place ground boxes that comply with the details shown on the plans. 3. CONSTRUCTION Perform work in accordance with the details shown on the plans and the requirements of this Item. Use established industry and utility safety practices when installing or removing ground boxes located near underground utilities. Consult with the appropriate utility company before beginning work. 3.1. Installation. Fabricate and install ground boxes in accordance with the details, dimensions, and requirements shown on the plans. Install ground box to approved line and grade. Construct precast and cast -in-place concrete ground boxes in accordance with Item 420, "Concrete Substructures," and Item 440, "Reinforcement for Concrete." Construct concrete aprons as shown on the plans and in accordance with Item 432, "Riprap," and Item 440, "Reinforcement for Concrete." 3.2. Removal. Remove existing ground boxes and concrete aprons to at least 6 in. below the conduit level. Uncover conduit to a sufficient distance so that 90 degree bends can be removed and conduit reconnected. Clean the conduit in accordance with Item 618, "Conduit." Replace conduit within 5 ft. of the ground box. Remove old conductors and install new conductors as shown on the plans. Backfill area with material equal in composition and density to the surrounding area. Replace surfacing material with similar material to an equivalent condition. 4. MEASUREMENT This Item will be measured by each ground box installed complete in place or each ground box removed. 788 • Operates over 0 to 19 dB path attenuation • Minimum of 4K MAC addresses • Minimum of 2 MB buffer memory • MAC -based trunking • Port Mirroring D. Protocols Supported. Provide a Field Ethernet Switch that supports the following protocols: • IP Multicast Filtering through Internet Group Management (IGMP)v3 Snooping • Multiprotocol Label Switching (MPLS) • Common Industrial Protocol (CIP) • Trivial File Transfer Protocol (TFTP) remote firmware upgrades E. Standards. Provide a Field Ethernet Switch that adheres to the following standards: • Institute of Electrical and Electronic Engineers (IEEE) 802.1x support • IEEE 802.1 w Rapid Spanning Tree Protocol (RSTP) • IEEE 802.3 IOBASE-T specification • Institute of Electrical and Electronic Engineers (IEEE) 802.3 support • IEEE 802.3u IOOBASE-TX Specification • IEEE 802.3x Flow Control • IEEE 802.1 Q Virtual Local Area Network (ULAN) Tagging • IEEE 802.1 D Spanning Tree Algorithm F. Management. Provide a Field Ethernet Switch that provides the following management capabilities: • Hyper Text Transport Protocol (HTTP)/Web Browser device configuration interface • Security Access Control Lists (ACLS) • 128 MB DRAM • 64 MB Compact Flash Memory • Configurable up to 8000 MAC addresses • Configurable up to 255 IGMP groups • QoS classifies and prioritizes data • Virtual Inns (VLAN) • Per -port broadcast, multicast, and unicast storm control preventing faulty end stations from degrading overall system performance. • Telnet device configuration interface • Simple Network Management Protocol (SNMP) version 2 device status, diagnostic, and alarm monitoring and remote configuration 2-4 2339 01-15 • Remote Monitoring (RMON) network monitoring • Request for Comments (RFC) -1213 -compliant Management Information Base (MIB) files • Standard and device specific M1132 files G. Regulatory Approvals. Provide a Field Ethernet Switch that has been certified to the following regulatory standards: • Product Safety: Underwriters Laboratories (UL) Standard 1950 or 60950 • Electromagnetic Emissions: Federal Communications Commission (FCC) Part 15, Class A • National Electrical Manufacturers Association (NEMA) TS -2 H. Dimensions. Provide a Field Ethernet Switch with dimensions that do not exceed the following maximums: • Height: 5.8 in. • Width: 6.0 in. • Depth: 4.4 in. • Weight: 4.4 lb. I. Operating Power. Provide a Field Ethernet Switch that is designed to operate with the following power requirements: • 18-60VDC • 0.05 KVA J. Environmental. Provide a Field Ethernet Switch that is designed to operate in the following environmental conditions: • -40° to 167°F (-4(rC to 75°C) operating temperature range • 13 to 185T (-25°C to 85°C) storage temperature range • 10% to 95% relative humidity (non -condensing) 3. Construction. A. General. Provide equipment that utilizes the latest available techniques for design and construction with a minimum number of parts, subassemblies, circuits, cards, and modules to maximize standardization and commonality. Design the equipment for ease of maintenance. Provide component parts that are readily accessible for inspection and maintenance. Provide test points that are for checking essential voltages and waveforms. B. Electronic Components. Provide electronic components in accordance with the Special Specification, `Electronic Components." C. Mechanical Components. Provide external screws, nuts and locking washers that are stainless steel. Do not use self -tapping screws. 3-4 2339 01-15 Provide parts made of corrosion resistant materials, such as plastic, stainless steel, anodized aluminum, or brass. Protect materials from fungus growth and moisture deterioration. Separate dissimilar metals by an inert dielectric material. 4. Documentation Requirements. Provide documentation in accordance with Articles 4 and 5, Special Specification, "Testing, Training, Documentation, Final Acceptance and Warranty." 5. Testing Requirements. Perform testing in accordance with Article 2, Special Specification, "Testing, Training, Documentation, Final Acceptance and Warranty." 6. Warranty. Provide a warranty in accordance with Article 7, Special Specification "Testing, Training, Documentation, Final Acceptance and Warranty." 7. Experience Requirements. Only employ personnel involved in the installation and testing of the "Field Ethernet Switch" that meet the following requirements: • Two years experience in the installation and testing of Ethernet Switches. Two installed systems where Ethernet Switches, as described within these specifications, are installed and the systems have been in continuously satisfactory operation for at least one year. Submit photographs or other supporting documents as proof, and the names, addresses, and telephone numbers of the operating personnel who can be contacted regarding the systems. • One system with Ethernet Switches (which may be one of the two in the preceding paragraph) for which the Contractor can arrange for demonstration to the Engineer or the Engineer's representative. 8. Training. Perform training in accordance with Article 3, Special Specification, "Testing, Training, Documentation, Final Acceptance and Warranty." 9. Measurement. This item will be measured as each unit furnished, installed, and tested. 10. Payment. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Field Ethernet Switch" of the type specified. This price is full compensation for equipment, cables and connectors; documentation and testing; labor, tools, materials, warranty, training, and incidentals. 4-4 2339 01-15 6007 Special Specification 6007 Texas Intelligent Transportation System (ITS) Fiber Optic°fTra Cable 1. DESCRIPTION Furnish, install, relocate and remove Intelligent Transportation System (ITS) fiber optic cable, fiber patch panels and splice enclosures as shown on the plans. 2. MATERIALS 2.1. General Requirements. Provide, assemble, fabricate and install materials that are new, corrosion resistant, and in accordance with the details shown on the plans and in these Specifications. Furnish, install, splice, and test all new fiber optic cable. Provide all splicing kits, fiber optic cable caps, connectors, moisture or water sealants, terminators, splice trays, fiber optic jumpers, pig tails, fiber patch panels, fiber interconnect housing, and accessories necessary to complete the fiber optic network. Provide all equipment necessary for installation, splicing, and testing. 2.2. Cable Requirements. Furnish all -dielectric, dry -filled, gel -free, loose tube fiber optic cable, with low water peak, suitable for underground conduit environments or aerial applications. Furnish self-supporting, all -dielectric, dry -filled, gel -free, loose tube fiber optic cable, with low water peak suitable for aerial applications when not lashing to strand cable. All fiber optic cable furnished must have a design life of 20 yr. when installed to the manufacturer's specifications. Splice fiber optic cables in ground boxes, field cabinets, or buildings. Terminate fiber optic cables in field cabinets and buildings that comply with the details shown on the plans and in this Specification. Provide all fiber optic cable from the same manufacturer and the manufacturer is International Organization for Standardization (ISO) 9001 certified. Ensure the cables meet or exceed United States Department of Agriculture Rural Utilities Service (RUS) CFR 1755.900, American National Standards Institute/Insulated Cable Engineers Association (ANSI/ICEA) S-87-640, and Telecommunications Industry Association/Electronic Industries Alliance (TIA/EIA)-492-CAAB standard. 2.3. Optical Requirements. 2.3.1. Optical Fiber. Provide ITU G.652 single mode fiber optic cable with a core diameter of 8.3 t 0.7 microns and a cladding diameter of 125 t 0.7 microns. Provide optical fiber made of glass consisting of a silica core surrounded by concentric silica cladding, free of imperfections and inclusions. 2.3.2. Core/Clad Concentricity. Provide an offset between the center of the core and cladding less than 0.5 microns. 2.3.3. Mode Field Diameter. Provide single mode fiber optic cable with the effective area or Mode Field Diameter of the fiber must be 9.2 t 0.4 Nm at 1310 nm and 10.5 t 1.0 Nm at 1550 nm. 2.3.4. Primary Coating. Provide fiber with a coating diameter of 250 ± 15 microns. 1 -13 03-16 Statewide 6007 2.3.5. Attenuation. Provide single mode fiber optic cable with nominal attenuation of 0.35 dB/km maximum at a wavelength of 1310 nm and nominal attenuation of 0.25 dB/km maximum at a wavelength of 1550 nm. Attenuation at water peak must be less than 0.35 dBlkrn at 1383 nm. 2.3.6. Bandwidth and Dispersion. Provide single mode fiber optic cable with a maximum dispersion of: ■ 3.2 ps/nm-km ata wavelength of 1310 nm, and ■ 18 ps/nm-km at a wavelength of 1550 nm. Zero dispersion wavelength must be between 1300 nm and 1324 nm and the zero dispersion slope at the zero dispersion wavelength must be less than 0.092 psl(nm2 • km). The cutoff wavelength must be less than 1260 nm for single mode fibers specified to operate at 1310 nm. The cutoff wavelength must be less than 1480 for single mode fibers specified to operate only at 1550 nm or higher. The macrobend attenuation per 100 turns must not exceed 0.05 dB at 1310 nm and 1550 nm. 2.3.7. Mechanical Req u irements (Tensile Strength). Provide a cable withstanding a pulling tension of 600 Ibf without increasing attenuation by more than 0.8 dB/mi when installing in underground conduit systems in accordance with EIA -455-33A. Conduct an impact test in accordance with TIAIEIA-455-25C (FOTP-25) and a compression load test in accordance with TIAIEIA-455-41A (FOTP-41). For all -dielectric self-supporting cable (ADSS) and other self-supporting cables, meet tensile strength requirements in accordance with Section 25, Loading of Grades B and C, of National Electric Safety Code (NESC), for the maximum span and sag information as shown in the plans for aerial construction. 2.3.8. Bend Radius. Provide a cable withstanding a minimum bending radius of 10 times its outer diameter during operation, and 20 times its outer diameter during installation, removal and reinstallation without changing optical fiber characteristics. Test the cable in accordance with EIA -455-33A. 2.3.9. Buffering. Use a buffering tube or jacket with an outer diameter of 1.0 to 3.0 mm containing 12 individual fiber strands. The fibers must not adhere to the inside of the buffer tube. 2.3.10. Color Coding. Provide fiber and buffer tubes with a color coating applied to it by the manufacturer. Coating must not affect the optical characteristics of the fiber. Provide color configuration in accordance with TIA/EIA- 598 as follows: ■ 1. Blue ■ 5. Slate ■ 9. Yellow ■ 2. Orange ■ 6. White ■ 10. Violet ■ 3. Green ■ 7. Red ■ 11. Rose ■ 4. Brown ■ 8. Black ■ 12. Aqua 3. EQUIPMENT 3.1. Cable Type. Provide cables with a reverse oscillation or planetary stranding structure. Jacket construction and group configuration should separate at splice points to cut and splice 1 set of fibers while the others remain continuous. All cable jackets must have a ripcord to aid in the removal of the outer jacket. Submit cable designs for approval. Strand loose buffer tubes around a dielectric central anti -buckling strength member. Provide dielectric aramid or fiber glass strength members with specified strength for the cable. Provide cable with a water -blocking material, which is non -hygroscopic, non-nutritive to fungus, non-conductive, non-toxic, and homogeneous. The water blocking material must comply with TIA/EIA-455-81 B and 455-82B as well as TIA/EIA-455-98. 2-13 03-16 Statewide 6007 Ensure a polyethylene inner jacket is applied over the cable core, and that the entire cable is enclosed with a polyethylene outer jacket. Ensure the outer jacket contains black carbon to provide UV protection for the cable. Ensure each cable is marked with the manufacturer's name, the date of manufacture (month/year), the fiber count (example 48F SM), and sequential length markings at maximum 2 ft. increments, measured in U.S. units. For aerial installation, provide standard fiber optic cable lashed to steel messenger cable or ADSS in accordance with the Institute of Electrical and Electronics Engineers (IEEE)1222 Standard for Testing and Performance for All -Dielectric Self -Supporting (ADSS) Fiber Optic Cable for Use on Electric Utility Power Lines, or most current version. Provide ADSS cable in accordance with the maximum span distance, weather load rating, and allowable sag as shown on the plans. "Figure 8" self-supporting cable with integrated messenger cable within the outer jacket for aerial installation is acceptable. 3.1.1. Cable Size. Fumish cables with a maximum diameter not exceeding 19 mm. 3.1.2. Environmental Requirements. Provide cable that functions in a temperature range from 407 to 1587. 3.2. Fiber Optic Accessories. 3.2.1. Splice Enclosures. Furnish and install 1 of 3 types of underground splice enclosures at locations shown on the plans to accommodate the cables being spliced at that point. The types are as follows: ■ Type 1: 4 cable entry ports total — 2 ports to accommodate backbone fiber of up to 144 fibers and 2 ports for drop cables of up to 48 fibers, ■ Type 2: 6 cable entry ports total — 4 to accommodate backbone or arterial cables of up to 144 fibers and 2 ports for drop cables of up to 48 fibers, and ■ Type 3: 8 cable entry ports total — 4 to accommodate backbone or arterial cables of up to 144 fibers and 4 ports for drop cables of up to 48 fibers. Provide the end cap of the canister splice closure with re -enterable quick -seal cable entry ports to accommodate additional branch cables or backbone cables. Provide fiber optic splice enclosures with strain relief, splice organizers, and splice trays from the same manufacturer as the splice enclosure. Select the appropriate splice enclosure type based on the number of splices called for in the plans. Suspend all splice closures off floor of the ground box and secure to cable rack assembly on side wall of ground box. For end of reel splicing, use a fiber optic splice enclosure sized to accommodate full cable splice in one enclosure. Fiber optic splice enclosure must be of the same manufacturer as other supplied on a project. Splice enclosure and fusion splicing required for end of reel will be incidental to the fiber optic cable. Comply with the Telcordia Technologies' GR -711 -CORE standard and all applicable NEC requirements. Contain all optical fiber splices within a splice enclosure, providing storage for fiber splices, nonspliced fiber, and buffer tubes. Provide sufficient space inside the enclosure to prevent microbending of buffer tubes when coiled. Ensure that the splice enclosure maintains the mechanical and environmental integrity of the fiber optic cable, encases the sheath opening in the cable, and organizes and stores optical fiber. Ensure all hinges and latching devices are stainless steel or of a non -corrosive material designed for harsh environments. Ensure that the enclosure is airtight and prevents water intrusion. Ensure that splice enclosures allow re-entry and are hermetically sealed to protect internal components from environmental hazards and foreign material such as moisture, dust, insects, and UV light. 3.2.2. Field Rack Mount Splice Enclosures. Provide a 19 in. EIA rack mounted splice enclosure module to hold spliced fibers as shown in the plans inside field equipment cabinets or buildings. 3-13 03-16 Statewide 6007 Splice or terminate fibers inside rack mounted fiber optic splice enclosures. Provide an enclosed unit designed to house a minimum of 4 cables, sized to accommodate at a minimum the cables shown on the plans plus future expansion. Provide splice enclosures containing mounting brackets with a minimum of 4 cable clamps. Install cable according to manufacturer recommendations for the cable distribution panel. 3.2.3. Fiber Patch Panels. Provide fiber patch panels that are compatible with the fiber optic cable being terminated and color coded to match the optical fiber color scheme. Coil and protect a maintenance loop of at least 5 ft. of buffer tube inside the rack mount enclosure, patch panel, or splice tray. Allow for future splices in the event of a damaged splice or pigtail. 3.2.3.1. Cabinet. Terminate or splice fibers inside the compact and modular fiber patch panel in the cabinet. Provide fiber patch panel for installation inside a 19 in. EIA rack and sized appropriately to accommodate the fiber terminations shown on the plans or as directed by the Engineer. Provide each patch panel housing with pre - assembled compact modular snap -in simplex connector panel modules, each module having a minimum of 6 fiber termination/connection capabilities. Provide modules with a removable cover having 6 pre- connectorized fiber pigtails, interconnection sleeves, and dust caps installed by the manufacturer. Provide a 12 fiber or greater fusion splice tray capability housing, each tray holding 12 fusion splices as shown in the plans. Stack splice trays on a rack to permit access to individual trays without disturbing other trays. Locate splice trays in a rack within a pull-out shelf. Protect the housing with doors capable of pivoting up or down. Document the function of each terminated/spliced fiber, along with the designation of each connector on labels or charts located either on the inside or outside of the housing door. Provide labels or charts that are UV resistant design for harsh environments and used inside field equipment cabinets. Use permanent marker or method of identification that will withstand harsh environments. Provide each housing with strain relief. Terminate single mode fiber optic cable with SC connectors to the patch panels, unless otherwise shown on the plans. Install the fiber patch panel as an integral unit as shown on the plans. 3.2.3.2. Building. Provide a fiber patch panel with a modular design allowing interchangeability of connector panel module housing and splice housing within the rack, as shown on the plans. Provide the number of single mode fibers, connector panel module housings, and splice housings for the patch panel unit in the building as shown on the plans. Provide a fiber patch panel unit, installed at a height less than 7 ft., capable of housing 8 connector panel module housings or 8 splice housings. Protect the housing with doors capable of pivoting up or down and sliding into the unit. Provide 12 snap -in simplex connector panel modules with each connector panel module housing, each module having 6 fiber termination/connector capabilities. Use a pre -assembled compact modular unit with a removable cover for the snap -in simplex connector panel module having 6 pre-connectorized fiber pigtails, interconnection sleeves, and dust caps installed by the manufacturer. Provide each connector panel module housing with a jumper routing shelf, storing up to 5 ft. (minimum) of cable slack for each termination within the housing. Provide the fiber distribution unit with strain relief. Provide splice enclosure with 24 fusion splice tray capabilities, each splice tray holding 12 or more fusion splices. Stack splice trays on a rack to permit access to individual trays without disturbing other trays. Locate the rack on a pull-out shelf. Document the function of each terminated/spliced fiber, along with the designation of each connector on labels or charts located either on the inside or outside of the housing door. Provide labels or charts that are UV resistant design for harsh environments and used inside field equipment cabinets. Use permanent marker or method of identification that will withstand harsh environments. Also provide documentation of the function of each terminated or spliced fiber along with the designation of each connector on charts or 4-13 03-16 Statewide 6007 diagrams matching the fiber patch panel configuration and locate inside cabinet document drawer. Provide documentation at the conclusion of fiber terminations and splicing. Allow terminations only in the fiber interconnect housings placed in the cabinets as shown on the plans or as directed. 3.2.4. Splice Trays. Use splice tray and fan -out tubing kit for handling each fiber. Provide a splice tray and 12 fiber fan -out tubing with each housing for use with the 250 microns coated fiber. The fan -out will occur within the splice tray (no splicing of the fiber required). Allow each tube to fan out each fiber for ease of connectorization. Label all fibers in splice tray on a log sheet securing it to the inside or outside of the splice tray. Provide UV resistant log sheet suitable for harsh environments, located inside field cabinets or splice enclosures. Provide fan -out tubing with 3 layers of protection consisting of fluoropolymer inner tube, a dielectric strength member, and a 2.9 mm minimum outer protective PVC orange jacketing. 3.2.5. Jumpers. Provide fiber optic jumper cables to cross connect the fiber patch panel to the fiber optic transmission equipment as shown on the plans or as directed. Match the core size, type, and attenuation from the cable to the simplex jumper. Use yellow jumpers and provide strain relief on the connectors. Provide fiber with a 900 micron polymer buffer, Kevlar strength member, and a PVC jacket with a maximum outer jacket of 2.4 mm in diameter. Provide 5 ft. long jumpers, unless otherwise shown on the plans. On the patch panel end of each jumper, provide an SC connector. On the opposite end of the jumper, provide a connector that is suitable to be connected to the fiber optic transmission equipment selected. When providing jumpers for existing equipment, provide connectors suitable to be connected to patch panels and fiber optic transmission equipment in use. All jumpers must have factory terminated connectors. Field terminations of connectors is prohibited. 3.2.6. Fiber Optic Cable Storage Device. Fumish fiber optic cable storage device designed to store slack fiber optic cable by means of looping back from device to device on an aerial run. Fumish storage devices that are non-conductive and resistant to fading when exposed to UV sources and changes in weather. Ensure storage devices have a captive design such that fiber-optic cable will be supported when installed in the aerial rack apparatus and the minimum bending radius will not be violated. Provide stainless steel attachment hardware for securing storage devices to messenger cable and black UV resistant tie -wraps for securing fiber-optic cable to storage device. Provide tie -wraps that do not damage fiber when securing to storage device. Ensure storage devices are stackable so multiple cable configurations are possible. Ensure cable storage devices fumished are compatible with the type of aerial cable furnished and installed. Aerial cable storage devices will be considered incidental to the installation of the fiber optic cable. 4. CONSTRUCTION Install fiber optic cable in accordance with United States Department of Agriculture Rural Utilities Service CFR 1755.900 specifications for underground and aerial plant construction without changing the optical and mechanical characteristics of the cables. Utilize available machinery, jacking equipment, cable pulling machinery with appropriate tension monitors, splicing and testing equipment, and other miscellaneous tools to install cable, splice fibers, attach connectors and mount hardware in cabinets employed with the above "Mechanical Requirements." Do not jerk the cable during installation. Adhere to the maximum pulling tensions of 600 Ibf and bending radius of 20 times the cable diameter or as specified by the manufacturer, whichever is greater. Use installation techniques and fixtures that provide for ease of maintenance and easy access to all components for testing and measurements. Take all precautions necessary to ensure the cable is not damaged during transport, storage, or installation. Protect as necessary the cables to prevent damage if being pulled over or around obstructions along the ground. 5-13 03-16 Statewide 6007 Where plans call for removal of existing cable to salvage or reuse elsewhere, take care to prevent damaging the existing cable during removal adhering to all of the requirements for installation that pertain to removal. 4.1. Packaging, Shipping, and Receiving. Ensure the completed cable is packaged for shipment on reels. Ensure the cable is wrapped in weather and temperature resistant covering. Ensure both ends of the cable are sealed to prevent the ingress of moisture. Securely fasten each end of the cable to the reel to prevent the cable from coming loose during transit. Provide 6 ft. of accessible cable length on each end of the cable for testing. Ensure that the complete outer jacket marking is visible on these 6 ft. of cable length. Provide each cable reel with a durable weatherproof label or tag showing the Manufacturer's name, the cable type, the actual length of cable on the reel, the Contractor's name, the contract number, and the reel number. Include a shipping record in a weatherproof envelope showing the above information and also include the date of manufacture, cable characteristics (size, attenuation, bandwidth, etc.), factory test results, cable identification number and any other pertinent information. Ensure that all cable delivered has been manufactured within 6 mo. of the delivery date. Ensure that the minimum hub diameter of the reel is at least 30 times the diameter of the cable. Provide the cable in one continuous length per reel with no factory splices in the fiber. Provide a copy of the transmission loss test results as required by the TIAIEIA-455-61 standard, as well as results from factory tests performed prior to shipping. 4.2. Installation in Conduit. Install fiber optic cable in conduits in a method that does not alter the optical properties of the cable. If required, relocate existing cable to allow new fiber optic cable routing in conduits. When pulling the cable, do not exceed the installation bending radius. Use rollers, wheels, or guides that have radii greater than the bending radius. Use a lubricating compound to minimize friction. Use fuse links and breaks to ensure that the cable tensile strength is not exceeded. Measure the pulling tension with a mechanical device and mechanism to ensure the maximum allowable pulling tension of 600 Ibf is not exceeded at any time during installation. Provide a single 1 /C #14 XHHW insulated tracer wire in conduit runs where fiber optic cable is installed. Provide cable that is UL listed solid copper wire with orange color low density polyethylene insulation suitable for conduit installation and with a voltage rating of 600V. When more than one fiber optic cable is installed through a conduit run, only one tracer wire is required. Fuse or join tracer wires used in backbone, arterial, and drop runs, so that you have one continuous tracer wire. Terminate tracer wire at fiber optic test markers or equipment cabinets as identified in the plans for access to conduct a continuity test. Tracer wire will be paid for under Item 620, "Electrical Conductors." Provide flat pull cord with a minimum tensile strength of 1,250 Ib. in each conduit containing fiber optic cable. A traceable pull cord, with a metallic conducting material integral to the pull cord, may be substituted for a 1 /C #14 tracer wire only with approval from the Department. Seal conduit ends with a 2 part urethane after installation of fiber optic cable. 4.3. Cable Installation between Pull Boxes and Cabinets or Buildings. Do not break or splice a second fiber optic cable to complete a run when pulling the cable from the nearest ground box to a cabinet or building. Pull sufficient length of cable in the ground box to reach the designated cabinet or building. Pull the cable through the cabinet to coil, splice, or terminate the cable in the cabinet or building. Do not bend the cable beyond its minimum bend radius of 20 times the diameter. Coil and he cable inside cabinet, building, or boxes for future splicing or termination as shown in the plans. Cut off and remove the first 10 ft. of pulled or blown fiber stored. This work is incidental to this Item. Coat the open end of the coiled cable with protective coating and provide a dust cap. 4.4. Aerial Installation. Use pole attachment hardware and roller guides with safety clips to install aerial run cable. Maintain maximum allowable pulling tension of 600 Ib. ft. during the pulling process for aerial run cable by using a mechanical device. Do not allow cable to contact the ground or other obstructions between poles during installation. Do not use a motorized vehicle to generate cable pulling forces. Use a cable suspension 6-13 03-16 Statewide 6007 clamp when attaching cable tangent to a pole. Select and place cable blocks and comer blocks so as not to exceed the cable's minimum bending radius. Do not pull cable across cable hangers. Store 100 ft. of fiber- optic cable slack, for future use, on all cable runs that are continuous without splices or where specified on the plans. Store spare fiber optic cable on fiber-optic cable storage racks of the type compatible with the aerial cable furnished. Locate spare cable storage in the middle of spans between termination points. Do not store spare fiber-optic cable over roadways, driveways or railroads. Install standard cable on timber poles by lashing to steel messenger cable. Provide steel messenger cable in accordance with Item 625, "Zinc Coated Steel Wire Strand." Install all -dielectric self-supporting cable (ADSS) cable on timber poles using clinching clamp with cable hanger. Install aerial run cable in accordance with these specifications and as shown on the plans. Locate aerial fiber in accordance with the NESC, Section 23, with respect to vertical clearances over the ground, between conductors carded on different supporting structures, and required separation distance of the cable from bridges, buildings, and other structures. 4.5. Blowing Fiber Installation. Use either the high -air speed blowing (HASB) method or the piston method. When using the HASB method, ensure that the volume of air passing through the conduit does not exceed 600 cu. ft. per min.or the conduit manufacturer's recommended air volume, whichever is more restrictive. When using the piston method, ensure that the volume of air passing through the conduit does not exceed 300 cu. ft. per min.or the conduit manufacturer's recommended air volume, whichever is more restrictive. 4.6. Slack Cable. Pull and store excess cable slack inside ITS ground boxes as shown on the plans. The following are minimum required lengths of slack cable, unless otherwise directed: ■ ground boxes (No Splice) - 25 ft., ■ ground boxes (With Splice) - 100ft., ■ future splice point- 100 ft., and ■ cabinets - 25 ft. Note that the slack is to be equally distributed on either side of the splice enclosure and secured to cable storage racks within the ground boxes. Provide proper storage of slack cable, both long term and short term. Neatly bind cables to be spliced together from conduit to splice enclosure with tape. Do not over bind by pinching cable or fiber. Ground and bond the armor when installing armored fiber optic cable. Meet NEC and NESC requirements for grounding and bonding when using armored cable. 4.7. Removal, Relocation and Reinstallation of Fiber Optic Cable. Remove fiber optic cable from conduit as shown on plans. Use care in removing existing fiber optic cables so as not to damage them. Provide cable removal and reinstallation procedures that meet the minimum bending radius and tensile loading requirements during removal and reinstallation so that optical and mechanical characteristics of the existing cables are not degraded. Use entry guide chutes to guide the cable out of and in to existing or proposed conduit, utilizing lubricating compound where possible to minimize cable -to -conduit friction. Use comer rollers (wheels) with a radius not less than the minimum installation bending radius of cable. Dispose of removed fiber optic cable unless plans show for it to be re -used (relocated/re-installed)or salvaged and delivered to the Department. See plans for details. Test each optical fiber in the cable for performance and for loss at existing terminations or splices prior to cutting and removal. Retest following removal and following re- installation to ensure the removal and reinstallation has not affected the optical properties of the cable. Any fiber optic cable damaged by the contractor that is to be re -used shall be replaced by the contractor at no cost to the Department with new fiber optic cable meeting the approval of the Engineer. The Engineer reserves the right to reject the fiber based on the test results. Maintain the integrity of existing cables, conduit, junction boxes and ground boxes contiguous to the section of cables to be removed. Replace or repair any cables, conduit, junction boxes or ground boxes damaged during work at the Contractor's expense. The replacement or repair method must be approved by the Engineer, prior to implementation. 7-13 03-16 Statewide 6007 4.8. Splicing Requirements. Fusion splice fibers as shown on the plans, in accordance with TIA/EIA-568 and TIA/EIA-758. Use fusion splicing equipment recommended by the cable manufacturer. Clean, calibrate, and adjust the fusion splicing equipment at the start of each shift. Use splice enclosures, organizers, cable end preparation tools, and procedures compatible with the cable furnished. Employ local injection and detection techniques and auto fusion time control power monitoring to ensure proper alignment during fusion splicing. When approaching end of shift or end of day, complete all splicing at the location. Package each spliced fiber in a protective sleeve or housing. Re -coat bare fiber with a protective 8 RTV, gel or similar substance, prior to application of the sleeve or housing. Perform splices with losses no greater than 0.10 dB. Use an Optical Time Domain Refiectometer (OTDR) to test splices in accordance with Section 4.13.1.1. Record splice losses on a tabular form and submit for approval. 4.9. Termination Requirements. Provide matching connectors with 900 micron buffer fiber pigtails of sufficient length and splice the corresponding optical fibers in cabinets where the optical fibers are to be connected to terminal equipment. Buffer, strengthen, and protect pre -terminated fiber assemblies (pigtails) with dielectric aramid yam and outer PVC jacket to reduce mishandling that can damage the fiber or connection. Pigtails must be duplex stranding with a yellow PVC outer jacket. Fiber optic pigtails must be factory terminated with SC connectors, unless otherwise shown on the plans. When providing pigtails for existing equipment, provide connectors suitable to be connected to patch panels and fiber optic transmission equipment in use. Connectors must meet the TIA/EIA-568 and TIAIEIA-758 standards and be tested in accordance to the TelcordiaBellcore GR -326 -CORE standard. When tested according to TIA/EIA-455-171 (FOTP-171), ensure that the connectors test to an average insertion loss of less than or equal to 0.4 dB and a maximum loss of less than or equal to 0.75 dB for any mated connector. Maintain this loss characteristic for a minimum of 500 disconnections and reconnections with periodic cleanings per EIA -455-21A (FOTP-21). Qualify and accept connectors by the connector -to -connector mating using similar fibers. Ensure that the connector operating range is -40°F to 167°F. Provide connectors with a yellow color body or boot. Test connections at the patch panel and splices made between cables to pigtails with the OTDR to verify acceptable losses. Remove 5 ft. of unused optical fibers at the ends of the system from the buffer tube(s) and place coiled fibers into a splice tray. Clean the water blocking compound from all optical fibers destined for splice tray usage. Install cable tags at all splice points identifying key features of each cable such as cable name or origin and destination and fiber count. Ensure tags are self -laminating or water resistant. Print the information onto the tags electronically or write neatly using a permanent marker. Locate tags just prior to entrance into splice enclosure. 4.10. Mechanical Components. Provide stainless steel external screws, nuts and locking washers. Do not use self -tapping screws unless approved. Provide corrosion resistant material parts and materials resistant to fungus growth and moisture deterioration. 4.11. Experience Requirements. 4.11.1. Installing Fiber Optic Cable. The Contractor or designated subcontractor involved in the installation of the fiber optic cable must meet the experience requirements in accordance with the following: ■ minimum of 3 yr. of continuous existence offering services in the installation of fiber optic cable through an outdoor conduit system or aerial and terminating in ground boxes, field cabinets or enclosures or buildings, and 8-13 03-16 Statewide 6007 ■ completed a minimum of 3 projects where the personnel pulled a minimum of 5 mi. in length of fiber optic cable through an outdoor conduit system of aerial for each project. The completed fiber optic cable systems must have been in continuous satisfactory operation for a minimum of 1 yr. 4.11.2. Splicing and Testing of Fiber Optic Cable. The Contractor or designated subcontractor involved in the splicing and testing of fiber optic cable must meet the experience requirements in accordance with the following.- 4.11.2.1. ollowing: 4.11.2.1. Minimum Experience. 3 yr. continuous existence offering services in the fields of fusion splicing and testing of fiber optic cable installed through a conduit system and terminating in ground boxes, field cabinets or enclosures or buildings. Experience must include all of the following: ■ termination of a minimum of 48 fibers within a fiber distribution frame, ■ OTDR testing and measurement of end to end attenuation of single mode and multimode fibers, ■ system troubleshooting and maintenance, ■ training of personnel in system maintenance, ■ use of water -tight splice enclosures, and ■ fusion splicing of fiber optic cable which meet the tolerable decibel (dB) losses within the range of 0.05 dB — 0.10 dB for single mode. 4.11.2.2. Completed Projects. A minimum of 3 completed projects where the personnel performed fiber optic cable splicing and terminations, system testing, system troubleshooting and maintenance during the course of the project and provided training on system maintenance. Each project must have consisted of a minimum 5 mi. of fiber optic cable installed, measured by project length not linear feet of fiber installed. The completed fiber optic cable systems must have been in continuous satisfactory operation for a minimum of 1 yr. 4.12. Documentation Requirements. Provide a minimum of 2 complete sets of fiber optic equipment submittal literature documenting compliance with the requirements of this Item including operation and maintenance manuals in hard copy format, bound, as well as an electronic version in Adobe PDF format on a CD/DVD or removable flash drive that includes the following: ■ fiber optic cable literature consisting of manufacturer specification and cut sheets, ■ fiber optic equipment literature consisting of manufacturer specification and cut sheets for splice enclosures, patch panels, splice trays, jumpers, cable storage devices, and fiber optic labeling devices, ■ complete factory performance data documenting conformance with the performance and testing standards referenced in this Item, including pre -installation test results of the cable system, ■ installation, splicing, terminating and testing plan and procedures, ■ documentation of final terminated or spliced fibers, function, and equipment designation, ■ OTDR calibration certificate, ■ post -installation, post termination, subsystem, and final end-to-end test results, ■ loss budget calculation and documentation, ■ complete parts list including names of vendors, ■ complete maintenance and trouble -shooting procedures, and ■ proof of minimum experience and completed projects. 4.12.1. Installation Practice. Submit for approval electronic copy of the Contractors Installation Practices 30 working days prior to installation. Submit installation practices and procedures and a list of installation, splicing and test equipment used. Provide detailed field quality control procedures and corrective action procedures. 4.12.2. Manufacturer's Certification. Accompany each reel of fiber optic cable with the manufacturer's test data showing the conformance to the requirements in this Item. 4.12.3. Test Procedures. Submit test procedures and data forms for the pre -installation, post -installation, subsystem, final end to end test, and loss budget calculations for approval. Test procedures will require 9-13 03-16 Statewide 6007 approval before performing tests. Submit 1 copy data forms containing data and quantitative results, as well as an authorized signature. Submit a copy of the OTDR results as a hard copy or electronic copy in PDF format including all OTDR traces and clearly identifying each event (fusion splice, jumper, connector, etc.) with the measured loss identified. 4.13. Testing. Perform tests in accordance with testing requirements in this Item, USDA RUS CFR 1755.900, and TIA/EIA-455-61 test specifications. For all tests, provide test forms to be used that compare measured results with threshold values. 4.13.1. Test Methods. 4.13.1.1. Optical Time Domain Reflectometer (OTDR) Tests. Use the OTDR to measure fiber optic cable for overall attenuation (signal loss dB/km), fiber cable length, and identify fiber optic cable anomalies such as breaks. Perform the following 4 OTDR tests: ■ pre -Installation test (Acceptance test), ■ post installation test, ■ post termination test, and ■ final end to end test. OTDR Settings: ■ generate a file name for each OTDR scan. The file name must indicate the location or direction the test was run from, as well as the fiber number being tested, ■ set the "A" cursor at the beginning of the fiber trace and set the "B" cursor at the end of the fiber trace. The distance to cursor "B" indicates the length of the fiber cable segment being measured, ■ match the index of refraction to the index of the factory report, ■ set the loss indicator to dB/km for the acceptance test, ■ the reflectance is automatically set intemally by the OTDR, ■ set the pulse width at a medium range. Change the pulse width to a slow pulse width when an anomaly occurs on the fiber trace so that it can be examined closely, ■ set the average at medium speed. Change the average to slow when an anomaly appears on the fiber trace to allow for closer examination of the anomaly, and ■ set wavelength at 2 windows for single mode cable: 1310 nm and 1550 nm. Provide the current OTDR calibration certificate for the device used, showing the unit has been calibrated within the last year. Show all settings on test result fiber scans. 4.13.1.2. Pre -installation Tests. Test and record the fiber optic cable at the site storage area prior to installation. Conduct bi-directional OTDR tests for each fiber strand. Test each optical fiber in the cable from one end with an OTDR compatible with wavelength and fiber type. Check testing for length, point discontinuity, and approximate attenuation. Record each measurement by color, location, and type of fiber measured. Perform a measurement from the opposite end of that fiber in case a measurement cannot be made from one end. Wait for notification if loss per kilometer exceeds manufacturer's test data by more than 0.5 dB/km or point discontinuity greater than 0.05 dB. Perform this test within 5 days from receipt of the fiber optic cable. Test overall attenuation (dB/km), total cable length, anomalies, and cable problems. Test cable at both wavelengths (1310 nm and 1550 nm for single mode cable). Verify that the cable markings on the outer jacket are within I% of the total cable length. Compare factory test results with test results and return to manufacturer if test results are not identical to factory test results. If identical, document the test results. Deliver documentation for future reference. 4.13.1.3. Post -installation Tests. Re -test and re-record each optical fiber in the cable after installation, before termination, for loss characteristics. Test both directions of operations of the fiber. 10-13 03-16 Statewide 6007 Immediately perform the post installation test after the fiber optic cable has been installed. Test cable for overall attenuation, cable segment length, and evidence of damage or microbend with the OTDR. Replace any cable segment that is damaged during the test and document test results. Submit test results for approval. Use the same OTDR settings for Post -Installation Tests as the Pre -Installation Tests. 4.13.1.4. Post Termination Tests. Perform the post termination test after the cable is terminated or spliced, including termination of fiber cable to fiber cable or fiber cable to fiber pigtail and fiber cable to patch panels. Check attenuation, fusion or termination point problems, and overall fiber cable segment. Determine if the attenuation and quality of the termination complies with these Specifications; if not, re -terminate the fiber and re -test until the Specification requirements are met. Test the fiber segment for attenuation and anomalies after termination acceptance. Document and submit test results after fiber segment acceptance. 4.13.1.5. Subsystem Tests. Perform network subsystem tests after integration to the fiber optic network. Test the capability of the fiber optic cable to transmit video and digital information from node to node. A node is defined as a communication cabinet, hub cabinet, surveillance cabinet, or hub building where network hub switches are located. Complete and submit approved data forms for approval. Correct and substitute components in the subsystem if the subsystem tests fail and repeat the tests. Components may include: cable, jumper, patch panel module, or connector. Prepare and submit a report if a component was modified as result of the subsystem test failure. Describe in the report the failure and action taken to remedy the situation. 4.13.1.6. Final End -to -End Test. Perform final end to end Test after fiber cable segments of the system are terminated using the OTDR and an optical Power Meter and Light Source (PMLS). Perform the Part 1 of the final end to end test using OTDR: ■ measure the overall fiber cable system length, ■ measure the overall system attenuation, and ■ check for anomalies. Perform the Part 2 of the final end to end test using a PMLS: ■ measure the absolute power of the fiber optic signal across all links, and ■ check for anomalies. Document and submit results after test acceptance. 4.13.2. Loss Budget Calculation and Documentation. Calculate the total loss budget of the system according to the following calculations and compare the actual loss in each segment of the system to the calculated budget. Submit the results for each section of fiber optic cable in tabular format reporting if the total loss is within the limits of these Specifications by noting "pass" or "fail" for each segment of fiber. A segment of fiber is defined as one that terminates at each end. Use the following calculations to determine the loss budget for each segment: ■ splice loss budget = number of splices x 0.1 dB/splice, ■ connector loss budget = number of connectors x 0.75 dB/connector, ■ length loss budget = length of fiber optic cable (measured by OTDR) x 0.35 dB/km for 1310 nm wavelength or 0.25 dB/km for 1550 nm wavelength, and ■ total Loss Budget = splice loss budget + connector loss budget + length loss budget. Provide loss budget calculation equations on test form to be submitted as part of the documentation requirements. Provide threshold calculations described above along with measured results. 11 -13 03-16 Statewide 6007 4.14. Training. Conduct a BISCI or IMSA certified training class (minimum of 16 hr.) for up to 10 representatives designated by the Department on procedures of installation, operations, testing, maintenance and repair of all equipment specified within this specification. Submit to the Engineer for approval, 10 copies of the training material at least 30 days before the training begins. Conduct training within the local area unless otherwise authorized by the Engineer Include the following training material: ■ NESC, NEC, and ANSI/TIA 590 code compliance, ■ fiber optic cable pulling and installation techniques, ■ use of installation tools, ■ splicing and terminating equipment and test instruments, ■ trouble shooting procedures, and ■ methods of recording installation and test data. 4.15. Warranty. Provide a warranty for all materials furnished in this Item. Ensure that the fiber optic cable, the splice enclosures, splice centers, and cable markers have a minimum of a 2 yr. manufacturer's warranty and that 95% of that warranty remains at the date of final acceptance by the Engineer. If the manufacturer's warranties for the components are for a longer period, those longer period warranties will apply. Guarantee that the materials and equipment furnished and installed for this project performs according to the manufacturer's specifications. Ensure that the manufacturer's warranties for off-the-shelf equipment consisting of splice enclosures, splice trays, connectors, fiber jumper cables, and fiber patch panels are fully transferable from the Contractor to the Department. Ensure that these warranties require the manufacturer to fumish replacements for any off-the- shelf part or equipment found to be defective during the warranty period at no cost to the Department within 10 calendar days of notification by the Department. Ensure that the manufacturer's warranty for fiber optic cable is fully transferable from the Contractor to the Department. Ensure that the warranty requires the manufacturer to furnish replacement fiber optic cable found to be defective during the warranty period at no cost to the Department within 45 calendar days of notification by the Department. 5. MEASUREMENT Fiber optic cable installed, relocated and removed will be measured by the linear foot. Fiber optic splice enclosures, rack mounted splice enclosures and fiber optic patch panels will be measured by each unit installed. Splicing of Fiber Optic Cables will be measured by each fusion splice performed. 6. PAYMENT 6.1. Furnish and Install. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Fiber Optic Cable" of the various types, and number of fibers specified. This price is full compensation for furnishing and installing all cable; for pulling through conduit or duct; aerial installation; terminating; testing; and for materials, equipment, labor, tools, documentation, warranty, training and incidentals. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Fiber Optic Splice Enclosure" of the various types and "Rack Mounted Splice Enclosure." This price is full compensation for furnishing and installing all enclosures whether aerial, underground, in cabinet or in building; and for materials, equipment, labor, tools, documentation, warranty, training and incidentals. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Fiber Optic Fusion Splice" for each fusion splice 12-13 03-16 Statewide 6007 shown on the plans and performed. This price is full compensation for splicing; testing; and for materials, equipment, labor, tools, documentation, warranty, training and incidentals. The work performed and materials fumished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Fiber Patch Panel" of the various types and sizes specified. This price is full compensation for furnishing and installing all patch panels and terminating fibers on the panel as shown on the plans; and for materials, equipment, labor, tools, documentation, warranty, training and incidentals. Conduit will be paid for under Item 618, "Conduit' and Special Specification 6016, "ITS Multi -Duct Conduit." Electrical conductors will be paid for under Item 620, "Electrical Conductors." 6.2. Install Only. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit bid price for "Fiber Optic Cable (Install Only)" of the various types, and number of fibers specified. This price is full compensation for installing fiber optic cable furnished by the Department; for pulling through conduit or duct; aerial installation; terminating; testing; and for materials, equipment, labor, tools, documentation, warranty, training and incidentals. Conduit will be paid for under Item 618, "Conduit" and Special Specification 6016, "ITS Multi -Duct Conduit." Electrical conductors will be paid for under Item 620, "Electrical Conductors." 6.3. Relocate. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Relocate Fiber Optic Cable." This price is full compensation for relocating all cable, regardless of cable size; for pulling through conduit or duct; aerial installation; terminating; testing; and for materials, equipment, labor, tools, documentation, and incidentals. 6.4. Remove. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Remove Fiber Optic Cable". This price is full compensation for removing all cable for salvage, regardless of cable size; testing; returning to the Department; and for materials, equipment, labor, tools, documentation, and incidentals. 13-13 03-16 Statewide Special Provision to Special Specification 6007 Fiber Optic Cable 6007-001 _1*k Texas Department of Transportation Special Specification 6007 "Fiber Optic Cable," is amended with respect to the clauses cited below. No other clauses or requirements of this Item are waived or changed. Section 2.3., "Optical Requirements," Table 1, Optical Requirements is voided and replaced by the following: Tablel Optical Requirements Singlemode Cable Configuration Core Diameter microns 8.0-8.3 Cladding Diameter (microns) 125+1 Attenuation(dB/km) 850 nm N/A 1300/1310 nm 0.4 or less 1550 nm 0.3 or less Bandwidth'MHz-km 850 nm N/A 1300 nm N/A Dispersion, slnm-km 1310 nm 3.2 1550 nm 17 Section 3.5., "Fiber Optic Accessories," is supplemented by the following: 3.5.5. Splice Enclosures. Furnish and install splice enclosures at locations called for in the plans to accommodate the cables being spliced at that point. Furnish enclosures with a minimum of two ports to accommodate backbone fiber of up to 144 fibers and two ports for drop cables of up to 48 fibers. Provide the end cap of the canister splice closure with re -enterable quick -seal cable entry ports to accommodate additional branch cables or backbone cables. Provide fiber optic splice enclosures with strain relief, splice organizers, and splice trays from the same manufacturer as the splice enclosure. Select the appropriate splice enclosure type based on the number of splices called for in the plans. All end -caps feature two express ports for uncut backbone feeder cables. The enclosure end -cap shall be capable of accepting additional cables without removal of the sheath retention or strength -member -clamping hardware on previously installed cables or disturbing existing splices. The optical fiber splice enclosure shall provide a clamping mechanism to prevent pistoning of the central member or strength members and to prevent cable sheath slip or pullout. The splice enclosure shall have appropriate hardware and installation procedures to facilitate the bonding and grounding of metal components in the enclosure and the armored cable sheath. The cable bonding hardware shall be able to accommodate a copper conductor equal to or larger than 6 AWG. Comply with the Telcordia Technologies' GR 711 CORE standard and all applicable NEC requirements. Contain all optical fiber splices within a splice enclosure. Ensure that the enclosures provide storage for fiber splices, nonspliced fiber, and buffer tubes. Ensure enclosures allow sufficient space to prevent microbending of buffer tubes when coiled. Ensure that the splice enclosure maintains the mechanical and environmental integrity of the fiber optic cable, encases the sheath opening in the cable, and organizes and stores optical fiber. Ensure all hinges and latching devices are 1 -2 10-15 OTU 6007-001 stainless steel or of a non -corrosive material designed for harsh environments. Ensure that the enclosure is airtight and prevents water intrusion. Ensure that splice enclosures allow re-entry and are hermetically sealed to protect internal components from environmental hazards and foreign material such as moisture, dust, insects, and UV light. Section 3.5.2.1., "Cabinet," is voided and replaced by the following: 3.5.2.1. Cabinet. Furnish and install factory preterminated simplex connector patch panel modules with integrated pigtail cable in a protective housing at locations called for in the plans to accommodate the cables being terminated at that point. Furnish patch panel housing with an epoxy fill material that is environmentally and temperature stable to permanently secure the connectors and the cable inside the housing to protect the fiber optic components from vibration and shock. Provide housing with strain relief boot around the exiting pigtail cable to provide bend radius protection and short term retention of at least 200 Ibf. Provide housing with integrated mounting notches. Provide patch panel with ST connectors and dust caps installed by the manufacturer. Document the designation of each connector on labels and charts. Place charts in the cabinet in a heavy plastic envelope approved by the Engineer. Section 3.5.2.2., "Building." The third paragraph is supplemented by the following: Ensure each such housing dimension is 9 in. x 17 in. x 11 in. (h x w x 1). Section 3.5.4., "Jumpers." The third paragraph is voided and replaced by the following: Provide each cabinet with eight,1 ft. each, singlemode fiber jumpers with ST connectors for testing purposes. After test completion, the 1 ft. jumpers will remain property of the Department. 2 - 2 10-15 OTU March 13, 2020 City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Tel: 281.652.1600 pearlandtx.gov To All Prospective Respondents RE: Bid # 0220-20 ADDENDUM NO. 1 — MAGNOLIA PARKWAY FIBER OPTIC NETWORK CONNECTION The mandatory pre-bid conference that is scheduled for Thursday, March 19, 2020 has been changed to non -mandatory and the location has been changed to the City Council Chambers at 3519 Liberty Drive, Pearland, TX 77581. Sincerely, Julie Blackmore Contract Administrator City of Pearland Page 1 of 1 CITY OF PEA RLAND Section 00900 ADDENDUM NO.2 Date: March 23, 2020 ADDENDUM PROJECT: Magnolia Parkway Fiber Optic Network (Pearland Parkway to Harkey Drive) BID NO.: 0220-20 BID DATE: March 31, 2020; 11:00 a.m. FROM: Karl F. Rothermel, P.E., PTOE Senior Associate I Project Manager Cobb, Fendley & Associates, Inc. 1920 Country Place Pkwy #400, Pearland, TX 77584 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: Pre -Bid Meeting sign -in sheet Section 00300 - Proposal Form Part B (optional) SPECIFICATIONS: 00 CONSTRUCTION DRAWINGS: Four new sheets added to show City -approved optional work - Sheets 1 (correction), 3A (new), 5A (new), 35A (new), and 37A (new) P END OF ADDENDUM NO. 2 %• . . +�� %♦: �/ KARL. F:.ROTHERMEL� Karl F. Rothermel, P.E., PTOE�tpo, 116355 Senior Associate I Project Manager �� NF•4!CENSE �;?� NAI- 3-23-2020 2-22-12 00900 - 1 of 1 'RE -BID MEETING AGENDA - NONMANDATORY Magnolia Parkway Fiber Optics Connection (Pearland Parkway to Harkey Road) March 19, 2020 2:00 pm Name (print) Company Phone Email ?_CGNNIL ALO �l / iez—c u GSC�z ��•-� p s _ti �� A1, , z— �rf��rs � 7i3-s3o ��;c :�_u�✓nrt2�.��✓,1r�.�J. C 13SI�4.�bc� CCRE (,REawti.taC.� 00 v (A 5eiCvs, ca 04 An o CITY OF PEARLAND PROPOSAL FORM PART B (Optional) NOTE: 1. Number of splice enclosures to be determined by length of fiber cable run lengths which may vary. Fiber lengths shall be approved by the City. The cost of the splices within the enclosures are incidental to the c enclosure. 2. The cost of the splices within the poli -mod patch and splice modules are incidental to the cost of the mod 3. The above items shall be bid separately so the City can determine the optional connection's feasibility. Quantity UOM Description Spec Reference Base Bid Site Preparation & Earthwork 1 1 LS MOBILIZATION(MAXIMUM 3% TxDOT - 1505 2 1 LS TRAFFIC CONTROL AND REGULATION TxDOT - 1555 Base Bid Signalization 4 1,850 LF CONDUIT HDPE 2"(BORED) ORANGE TxDOT-618 6 2 EA GROUND BOX TY 2 243636 W/APRON TxDOT-624 8 1,090 LF FIBER OPTIC CBL SNGLE-MODE 12 FIBER TxDOT-6007 10 3 EA FIBER OPTIC CABLE ROAD MARKER TxDOT-6007 11 1 EA POLI -MOD PATCH AND SPLICE MODULE BID ITEM 0001 14 1 EA FIBER OPTIC PATCH PANEL 24 POSITION WME01 BID ITEM 0004 NOTE: 1. Number of splice enclosures to be determined by length of fiber cable run lengths which may vary. Fiber lengths shall be approved by the City. The cost of the splices within the enclosures are incidental to the c enclosure. 2. The cost of the splices within the poli -mod patch and splice modules are incidental to the cost of the mod 3. The above items shall be bid separately so the City can determine the optional connection's feasibility. CITYI -ARLAND PROPOSAL FORM PART B (Optional) NOTE: 1. Number of splice enclosures to be determined by length of fiber cable run lengths which may vary. Fiber cable run lengths shall be approved by the City. The cost of the splices within the enclosures are incidental to the cost of the enclosure. 2. The cost of the splices within the poli -mod patch and splice modules are incidental to the cost of the module. 3. The above items shall be bid separately so the City can determine the optional connection's feasibility. Quantity UOM Description Spec Reference Unit Price Total Amount Base Bid Site Preparation & Earthwork 1 1 LS MOBILIZATION 3% TxDOT - 1505 2 1 LS TRAFFIC CONTROL AND REGULATION TxDOT - 1555 Base Bid Signalization 4 1,850 LF CONDUIT(HDPE 2"(BORED) ORANGE TxDOT-618 6 2 EA GROUND BOX TY 2 243636 W/APRON TxDOT-624 8 1,090 LF F113ER OPTIC CBL SNGLE-MODE 12 FIBER TxDOT-6007 10 3 EA FIBER OPTIC CABLE ROAD MARKER TxDOT-6007 11 1 EA POLI -MOD PATCH AND SPLICE MODULE BID ITEM 0001 14 1 EA FIBER OPTIC PATCH PANEL 24 POSITION WME01 BID ITEM 0004 NOTE: 1. Number of splice enclosures to be determined by length of fiber cable run lengths which may vary. Fiber cable run lengths shall be approved by the City. The cost of the splices within the enclosures are incidental to the cost of the enclosure. 2. The cost of the splices within the poli -mod patch and splice modules are incidental to the cost of the module. 3. The above items shall be bid separately so the City can determine the optional connection's feasibility. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we TDC2, LLC as Principal, hereinafter called the Principal, and Liberty Mutual Insurance Company a corporation duly organized under the laws of the State of Massachusetts as Surety, hereinafter called the Surety, are held and firmly bound unto City of Pearland as Obligee, hereinafter called the Obligee, in the sum of five percent (5%) of amount bid Dollars ($ 5% A.B.), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Magnolia Parkway Fiber Optic Network Connection - (Pearland Parkway to Harkey Road) COP Project No. FA2004 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 31st day of March, 2020. TDC2, LLC ' (Pnncip (Seal) (Witness) IN 4 (Title) Liberty Mutual Insurance Company (Surety) (Seal) Fran the ay Attorney -In -Fact AIA DOCUMENT A310 - BID BOND - AIA ® - FEBRUARY 1970 ED - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 or 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. fVk Libe Liberty Mutual Insurance Company rj �' y The Ohio Casualty Insurance Company Certificate No: 8201355 , West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation 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, I Roxanne G.Brune,Sharon Cavanaugh,David R.Groppell,Sharen Groppell,Francine Hay,Beverly A.Ireland,Kurt A.Risk,Gloria Villa 1 1 all of the city of Houston state of TX each individually if there be more than one named,its true and lawful attomey-infact 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 iin 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. i 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 4th day of June , 2019 . Liberty Mutual Insurance Company v orsUR co INs,,p'q A\NSUR The Ohio Casualty Insurance Company Jy"&K.*,I+n a oPPO V* MVPooePORt 14\ West American Insurance Company >, 3 Foci Q2 Foct ct3 Porn N Y � 1912yo oZ1919� o s 1991 0 �//� l C rn as ��..> 6:ACHu9 .aa SO 8`�HAMPs�`,dL`� `!s �NDIAN�' a> I .I�1�••. C �h * 0 ,y1 * 1,� M * 0 By: 'in c = David M.Carey,Assistant Secretary -m State of PENNSYLVANIA >' County of MONTGOMERY ss m o o On this 4th day of June , 2019 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o "52 Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for;the purposes�l- ;II > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c.)us m 5 IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. c Q v C'y r PAST 0 M o as N 4�',4,ost^r- cc{ COMMONWEALTH OF PENNSYLVANIA Q 8 W�e``- �c ! Notarial Seal //,,+-�� �� 4-- �-• O r` L OF = g Teresa Pastella,Notary Public �a�� di co o a) Upper MerionTwp.,Montgomery County By: w C co 4: , aS My Commission Expires March 28,2021 1= vA Teresa Pastella,Notary Public o La .. "kb/. Y\:91AP Member,Pennsylvania Association of Notaries LL o Cs) to o as 2 E:n a) This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual o c Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o a)a) ) ARTICLE IV—OFFICERS:Section 12.Power of Attorney. o Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the m 43 -a >, President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >o C any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall,N 15 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 executed,such "co zinstruments 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 attomey-in-fact under thew co 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. I o 0 ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings. I o m Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,1- shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attomeys-in-fact subject to the limitations set forth in their 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 executed such instruments shall be as binding as if signed by the president and attested by the secretary. 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. 1 Authorization—By unanimous consent of the Company's Board of Directors,the Company consents thaffacsimile 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,Renee C.Llewellyn,the undersigned,Assistant Secretary,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 31st day of March , 2020 .., ,, P�\NSU�p \.' i INSU,p� \NSU/� \�w= •_i:'�t. tiJ G�pPO/�fgy� yJp 93-0,rkT'Pg2 0-GoaPORy 9yn h,.v `~ • 1912 0 0 1919 1991 y a By:d• s04a90% 's, .cH5� NarnPsa 'e iNoIACt" da Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co_062018 ,�y�-2`` - IMPORTAN� NOTICE To obtain information or make a complaint: AVISO IMPORTANCE Para obtener informacion o para someter una queja: You may call the Surety's toll free telephone number Usted puede llamar al numero de telefono gratis de for information or to make a complaint at: para informacion o para someter una queja al: 1-800-782-1546 You may also write to the Surety at: P.O. Box 19725 Irvine, CA 92623-9725 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512475-1771 web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. ID -1404 (TX) (Rev. 5/19) 1-800-782-1546 Usted tambien puedeescribir al Surety: P.O. Box 19725 Irvine, CA 92623-9725 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de compa- Was, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512475-1771 web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Surety primero. Si no se resuelve la disputa, puede entonces comuni- carrse con el departamento (TDI). UNA ESTEAVISOA SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. Lib_ erty Mu_ tual., SURETY Liberty Mutual Surety 17771 Cowan, Suite 100 - Irvine, California 92614 - (949) 263-3300 www.libertymutualsurety.com