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R2020-197 2020-10-12RESOLUTION NO. R2020-197 A Resolution of the City Council of the City of Pearland, Texas, awarding a construction bid associated with the Public Safety Building Back -Up Power Redundancy as a Critical Facility Project, to McDonald Electric, in the amount of $394,469.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That competitive bids for construction of the Public Safety Building Back - Up Power Redundancy for Critical Facility Project have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to McDonald Electric, in the amount of $394,469.00. Section 3. The City Manager or his designee is hereby authorized to execute a construction contract for the Public Safety Building Back -Up Power Redundancy as a Critical Facility Project. PASSED, APPROVED and ADOPTED this the 12th day of October, A.D., 2020. TOM REID MAYOR AL ROAN, TRMC, CMC CITY SECRETARY APPROVED AS TO FORM: C� DARRIN M. COKER CITY ATTORNEY ! Memo 24 September 2020 •p To: Mayor and City °�' To: Clay Pearson, City Manager Council members �, o Desgin and bidding complete for full I- i From: Jameson S.Appel, Proje anager power redundancy to critical facility, our Public Safety Building on Cullen Blvd. -i x A s ' Clay i 4'sr, 1 s CC: Jon Branson, Depu i City Manager Trent Epperson, ,.ssistant City Manager Robert Upton ''.E., Director of Engineering Johnny Sp. -s, Chief of Police Date: Sept: ber 24,2020 Re: PSB Back-Up Power Redundancy for Critical Facility, Construction Award Memo Purpose This memo provides an;update on-the bid_phase ofthe-Public SafetiBuilding (PSB)Ba j Up Pov reri Redundanycfor CriticalFacility profect,,,This project will provide permanent stand-by power to operate the Public Safety Building at full capacity in the event of a natural disaster or power outage. Background The PSB was a Design-Build project contracted through J.E. Dunn and designed by Wilson Estes Police Architects and completed in August 2010 as an alternative delivery project.The PSB is a 9,000 square foot 2 story building consisting of three port Sally Port, an 81-bed jail and two courtrooms.The building houses the offices of the Police Department, 911 Dispatch, Municipal Courts, Utility Billing branch office, and the Brazoria Country Tax Office.`Original design ofthe building_included only_partial) stand.bypower.This partial:stand-by power provides ability_to maintain Life SafetySyste i (egress Jig-kiting and-fire alarm systems)and parts of the building for EOC-use with-knifed-air conditioning and'. lighting outside of these areas.1 Recent extreme weather events have highlighted the need to provide the entire building with permanent stand-by power to ensure full use of the facility during a power outage.,This facilityseryes as a staging area_for critical emergencystaff arid as a shelterfoifiisfi P P g operation g - 1 res _ond'ers.-The improvements the entire to= maintam 'using the' ,existing generatoron-:site.. The @lectrical modifications in the PSB include providing Staaand-bypowerto entire building. This-with enable building-wide HVAC service as well as lighting and power throughout: Modifications to the existing distribution system will provide additional power supply to expanded cooking and refrigeration capabilities in the kitchen and ensure everything is powered in the crime lab/evidence holding area. To follow the requirements Of the National Electric Code,_the generator out-put will be diwided-into the two categories:Emergency=Power-for life safety system and Stand by Power_fo_rbuilding-operations_;. 'allowing_theentire building to operate on the existing generator power-during line power outages;, :Automatic transfer switches and panelboard/circuit modifications will litAttiese loada_accordingly_and ensure that-the-PSB can maintain full operations during`emergencies/ line power=outages while continuing to meet all life safety and electrical codes.The City contracted LEAF Engineers to provide a proposal for design and construction phase services in April of 2020.This selection was based on e successful work they did with the similar installation of a stand-by power generator at the Recreation Center and Natatorium approximately one year ago. LEAF was contracted by the City in June of 2020 and completed the design with oversite by PD, Engineering and Capitol Projects, Public Works, and the Building Department in July of 2020. Proposal and Contractor Selection: The construction project was advertised for Competitive Sealed Proposals.(CSP)on August 12,2020 and August 19, 2020 and followed the current practice of a non-mandatory pre-bid conference.The non-mandatory practice for selected projects has been due to the COVID pandemic. Staff have been holding Pre-bid meetings via virtual platforms and have had good success on contractor participation. The non-mandatory pre-proposal conference was held virtually on August 20,2020 and was attended by three contractors. One addendum was issued on August 25, 2020 providing clarifications and answers to contractor questions, mainly in regard to scheduled power outages for installation: ;Contractor selection was_made via-Staffs standard CSP process and_was_based on the provision ofa ;best vakie to tile City: This selection process utilizes a combination of contractor qualifications, experience with similar projects, project approach and schedule, proposed personnel and subcontractors, quality assurance program, safety record, and competitive pricing. Proposals were opened and read aloud in the Council Chambers on September 1,2020.Three proposals were received and reviewed by the proposal review committee consisting of City Staff from Finance, Police, public Works, and Capital Projects.The proposal review committee met on September 10, 2020 to evaluate the proposals based on the criteria defined in the bid documents..Scoresfrom each re viewerwere_used) lo-determine the final score`for the Respondents_; •Upon completion of the assessment,=CF: 1McDonald Electric(McDonald) proved the most q osualified of the three rpo esndents. McD ald's `experience modifying building electrical systems to incorporate:emergency stand by power systems, (exceeded-those of the other responses,Their history and experience showed an impressive record ofj ;Work—on similar projects, hundreds of similar generator projects, including the recently completed Recfeation-CehteT andNatatonum Generato ect with the City-=.In addition;_M cD`onalg isiubmitted the-Iowest cornpetitive price_Proposal=($394,46^9)for the wWork earning them the; ,highestscore-forpncing: Boyer, Inc., while a widely trusted and well known electrical contracting firm that the City has used on many large construction projects submitted qualifications and experience based on new construuction projects and no project history for retro fitting stand-by power to occupiedfacilities. Additionally,Boyer's price proposal of$492,884 was $98,415 higher than McDonald. This factor alone accounted for the largest disparity in points scored totaling approximately 20%of the difference. Finally, Entech Sales and Services submitted the highest cost proposal ($675,000).This proposal did not include the requested qualification-based documentation required by the RFP and was considered non-responsive. The table below summarizes the scoring of the three proposers with McDonald Electric scoring 10.28 points higher than the nearest bidder. Entech Boyer, Inc. McDonald Electric Contractor's Bid $675,000.00 $492,884.00 $394,469.00 Total Cost 50 pts. 29.22 40.02 50 Combined Qualifications 50 pts. 0 45.2 45.5 Total Points 29.21 85.22 95.50 Budget Info: Funding Sources Series To Date Future Total Budget General Revenue-Cash - Certificates of Obligation Certificates of Obligation 2020A 875,000 875,000 General Obligation Bonds - General Obligation Bonds - W/S Revenue Bonds - Impact Fee—Debt - Other Funding Sources - Total Funding Sources, 11875,000; - ,875,0001 Expenditures To Date Future Total PER - Land - Project Management/Engineering 67,898 60,705 128,603 Construction 394,469 394,469 Construction Management/Inspection Construction Materials Testing - FF&E - ,Total Expenditures; ;67,898; .455,174 523,072, .Project Balance/Contingency/, 351,929i Schedule Info: The contract includes 120 calendar days for substantial completion from issuance of notice to proceed: A late October 2020 NTP date is estimated for this work, placing the substantial completion date in late February of 2021. Base Line Current Design Start April-20 June-20 Bid Start October-20 Auqust-20 Construction Start (October-20; ,Proposed"Construction Completion: February-21: /1'N\ illiiiiMiMIMMINIMIIII ecommendation: Staff will recommend that Council approve the proposal and award the construction contract to.:_ F. "MoDblfald Eledttib, Ind.-iri the affitirit—ol$394-,469.00-ratthe-Ootober 12,2020 City CbLincil meeting'. Previous Memos: N/A Project Location: PSB (2555 Cullen Parkway, Pearland,TX 77584) ,: •, 4:I-,-.-_ -, ---...---,71 ;..., 1*pl)s% -,, 1 1 .4 i, - 1 • i 1 1 ''''`Ig=1,1. ;_-: `1;-..- ' ' ( i -h. : r ' ' IA 1 .. ..,,,,, .i..,--- J... • - c lti.,!`-, • ...i . ''''.- , ,, ' I : -41, ''4 , • " ' ;' 1 • I.'. ' ' t 5-1,itig x..,--„..,, -1mIL z \ ---t 4.,?,,, 4 . - 0 i?..:, • .i T. 2.4., 1 p. : - 1:s. 1 r *1 -, - -":- ,c, lab .., -..?%,,. 1, ,:o ., 1 -,,,,.. -- -,-7721_11, 4,, .,_, t. , ),- . .. ii , ,-:,_ , ., .„.it,--, 2 - 3/4, ..ti . T tn,....14..1'1- - , eilk. ,,,,,:,,,,... ,---- I , ---,--- .. -- -,, - 0.- — .- ..' , .(ii A*, .. .-- --. - , -•f.,-, „, . L , , ,s, . -..1- -... . Project Location is.,i.3.. c. r'', it 1 . ,Ili 1 , tr eila..5-11.1 T,: ' (Generator Building) :.-' . ..-a-k-4‘' ;____. -,-,1'. -.. • • (alb.) 11 Greenway Plaza,Suite 1510 • tt, LEAF Houston,Texas 77046-1104 Phone: 713.940.3300 ENGINEERS www.leafengineers.com September 25, 2020 Mr. Jameson Appel City of Pearland 2555 Cullen Parkway Pearland,Texas 77581 • RE: PSB—Back-up Power Redundancy for Critical Facility City of Pearland PBK Project Number: 20182M Dear Mr.Appel: • The City of Pearland received (two) proposals for the PSB — Back-up Power Redundancy for Critical Facility. The scope of work consists of modifying the electrical distribution infrastructure in order to ensure that the entire building will operate during.a utility power outage by way of an onsite generator. Upon review of the proposals received,the team would like to recommend the city accept the proposal from McDonald Electric as submitted. We believe the proposals correctly reflect the pricing for the scope of work, and we have been ensured that the critical life safety or existing portions of the building that is currently powered by the generator will never be inoperable during the length of construction. We also believe based off the attached evaluation that McDonald Electric is the best solution for the City's needs as reflected in the scoring process. Sincerely, David N. Templeman Project Manager Leaf Engineers • • • Houston • Dallas/Fort Worth • San Antonio • League City Bid# 0820-52 Title PSB Back-Up Power Redundancy for Critical Facility LINE ITEMS McDonald Electric Boyer, Inc. Entech Sales and • Line Description UOM QTY Unit Extended Unit Extended Unit Extended 1 Base.Bid... EA . ., 1 _ $394,469.00 $492,884.00 $675,000.00 1.1 Mobilization and Demobilizatior LS 1 $50,000.00 $14,581.00 $125,000.00 1.2 - . Renovation Summary of work:l LS 1 $344,469.00 $478,303.00 $550,000.00 Total 94,469 00jt 11492,884.001 [1675 000.00. J Project Manual for: PSB Back -Up Power Redundancy for Critical Facility (Project No. FA2006) 2555 Cullen Boulevard, Pearland Texas, 77581 Proposal No.: 0820-52 August, 2020 Prepared By: LEAF Engineers 11 Greenway Plaza, Suite 1510 Houston, Texas 77046 LEAF ENGINEERS COP Project No. FA2006 LEAF Project No. 20182M PSB Back -Up Power Redundancy for Critical Facility City of Pearland Issue for Proposal Each specification section included herein is listed in the Project Manual Table of Contents with a letter code, indicated below, designating the Designer of Record responsible for its preparation, under whose seal and/or authority it is issued for the purpose(s) stated above. Seals and signatures do not apply to documents not included herein, nor (except as otherwise indicated) to documents prepared by the Owner or others (" O"), including but not necessarily limited to documents in Division 00, geotechnical and other reports, etc. Engineer of Record, Mechanical, Electrical, Plumbing & Technology: Name: Don Richards, P.E. P.E. # 61525 LEAF Engineers 11 Greenway Plaza, 22nd Floor Houston, Texas 77046 Phone: 713.940.3300 August 10, 2020 Seals Page 000001-1 CITY OF PEARLAND BRAZORIA COUNTY, TEXAS TABLE OF CONTENTS SECTION TITLE DIVISION 0 — BIDDING AND CONTRACT DOCUMENTS 00100 Invitation to Bid 00200 Instructions to Bidders 00300 CSP Bid Proposal Part A, B, C 00500 Standard Form of Agreement 00610 Performance Bond 00611 Payment Bond 00612 One -Year Maintenance Bond 00615 Partial Waiver of Lien 00700 General Conditions of Agreement 00800 Special Conditions of Agreement 00811 Wage Scale for Engineering Construction DIVISION 1— GENERAL REQUIREMENTS 01100 Summary of Work 01140 Contractor's Use of Premises 01200 Measurement and Payment Procedures 012200 Unit Prices 01290 Change Order Procedures 01310 Coordination and Meetings 01350 Submittals 01380 Construction Photographs 01420 Referenced Standards 01430 Contractor's Quality Control 01440 Inspection Services 01450 Testing Laboratory Services 01500 Temporary Facilities and Controls 01505 Mobilization 01550 Stabilized Construction Exit 01555 Traffic Control and Regulation 01560 Filter Fabric Fence 01561 Reinforced Filter Fabric Barrier 01562 Waste Material Disposal 01563 Tree and Plant Protection 01564 Control of Ground Water and Surface Water 01565 TPDES Requirements 01566 Source Controls for Erosion and Sedimentation 01570 Trench Safety System 01580 Project Identification Signs 01600 Material and Equipment 01630 Product Options and Substitutions 00010 - 1 of 3 CITY OF PEARLAND TABLE OF CONTENTS 01720 Field Surveying 01750 Starting Systems 01760 Project Record Documents 01770 Contract Closeout DIVISION 2 — SITE WORK 02200 Site Preparation 02220 Site Demolition 02252 Cement Stabilized Sand 02255 Bedding, Backfill, and Embankment Materials 02316 Excavation and Backfill for Roadways 02317 Excavation and Backfill for Structures 02318 Excavation and Backfill for Utilities 02330 Embankment 02335 Subgrade 02370 Geotextile 024113 Selective Demolition 02415 Augering Pipe or Casing for Sewers 02417 Augering Pipe or Casing for Water Lines 02510 Water Mains 02511 Water Meters 02512 Polyethylene Wrap 02513 Steel Pipe and Fittings for Large Diameter Water Lines 02514 Fire Hydrant Assembly 02515 Water Tap and Service Line Installation 02520 Valve Boxes, Meter Boxes, and Meter Vaults 02530 Gravity Sanitary Sewers 02531 Sanitary Sewer Service Leads or Reconnections 02532 High Density Polyethylene (HDPE) Solid Wall Pipe 02533 Sanitary Sewage Force Mains 02534 PVC Pipe 02540 Tapping Sleeves and Valves 02541 Water and Wastewater Line Valves 02542 Concrete Manholes and Accessories 02582 Thermoplastic Pavement Markings 02603 Frames, Grates, Rings, and Covers 02624 Structural Plate Culvert Structures 02628 Jacking Pipe or Box 02629 Safety End Treatments 02630 Storm Sewers 02631 Precast Inlets, Headwalls, and Wingwalls 02632 Cast -in -Place Inlets, Headwalls, and Wingwalls 02633 Adjusting Manholes, Inlets, and Valve Boxes 02634 Ductile Iron Pipe and Fittings 02635 Steel Pipe and Fittings 02636 Polyurethane Coating on Steel or Ductile Iron Pipe 02710 Base Course for Pavement 02741 Asphaltic Concrete Pavement 00010-2of3 CITY OF PEARLAND TABLE OF CONTENTS 02742 Prime Coat 02743 Tack Coat 02744 Single Course Surface Treatment 02751 Concrete Pavement 02762 Temporary and Removable Reflectorized Pavement Marking 02770 Curb, Curb & Gutter, and Headers 02771 Concrete Sidewalks 02775 Concrete Driveways 02811 Landscape Irrigation 02820 Wood Fences and Gates 02821 Chain Link Fences and Gates 02910 Topsoil 02921 Hydromulch Seeding 02922 Sodding 02931 Landscape and Tree Planting 02980 Pavement Repair and Resurfacing 02981 Blast Cleaning of Pavement DIVISION 3 - CONCRETE 031000 Concrete Forming and Accessories 031513 Water Stops 032000 Concrete Reinforcing 03300 Cast In Place Concrete 03310 Structural Concrete DIVISION 26 — ELECTRICAL 26 05 00 26 05 19 26 05 26 26 05 29 26 05 33 26 05 53 26 08 00 26 20 00 26 32 13 Common Work Results for Electrical Low Voltage Electrical Power Conductors & Cables Grounding and Bonding for Electrical Systems Hangers and Supports for Electrical Systems Raceway and Boxes for Electrical Systems Identification for Electrical Systems Commissioning for Electrical Systems Electrical Distribution Equipment Emergency Generators END OF SECTION 00010 - 3 of 3 CITYOFPEARLAND INVITATION TO PROPOSE Section 00100 INVITATION TO PROPOSE COMPETITIVE SEALED PROPOSAL Electronic Competitive Sealed Proposals (CSP) will be accepted for the following project, through the City's E-bid System. Electronic Proposals shall be submitted through the City's web site at: https://pearland.ionwave.net/Login.aspx All interested Offerors are required to register as a "supplier" on the City's E-bid System at the above web address by selecting "Supplier Registration". Registration provides automatic access to any changes (addenda) to the Plans, Specifications or Submission time and date. Submission of an Electronic Proposal REQUIRES completing a short registration questionnaire found on this web site. When prompted to add or remove commodity codes, registrants must add the codes listed below: * Building Construction Services, New (Includes Maintenance and Repair Services) * Construction Services, General (Includes Maintenance and Repair Services) * Construction Services, Heavy (Includes Maintenance and Repair Services) * Construction Services, Trade (New Construction) For more information regarding registration instructions, see INSTRUCTIONS TO OFFERORS, SECTION 00200, PART 2 included in the project proposal documents viewable on the web site. Questions regarding electronic proposals are to be directed to City Purchasing Officer at ebids(4earlandtx.gov. All Proposals submitted electronically will remain confidential until the opening date and time when they will be opened and read into the public record. Proposals shall be submitted on the forms provided in the E-bid System and submitted electronically through this system to the City Purchasing Officer, City of Pearland, City Hall Annex located at 3523 Liberty Drive, Pearland, Texas 77584. Electronic Proposals will be accepted until2:00 p.m., Tuesday, September 1st 2020. All Proposals shall reference the following project information in the appropriate locations in provided electronic format. All properly submitted proposals shall be publicly "opened" and read aloud into the public record following the closing of the acceptance period for the construction of: PSB Back -Up Power Redundancy for Critical Facility City of Pearland, Texas COP PN: FA2006 PROPOSAL NO.: 0820-52 A non-mandatorypre-proposal conference will be held virtually at 3:00 p.m. on Thursday August 20th, 2020. To join by phone, dial in #: 281-652-1955. Meeting #: 1790; Attendee access code: 0971#. The project will furnish and install all labor, materials, equipment and incidentals required for renovations to the back-up power supply and their systems as shown on the construction documents, including but not limited to, replacement and new construction for electrical. Base 12-2017 00100 - 1 of 4 CITYOFPEARLAND INVITATION TO PROPOSE Bid includes all work related to the complete installation of the emergency power distribution system modifications. Upon award of a contract, the successful Offeror will be required to utilize the City's web based project management software, "Pro-Trak" for the administration of the construction project, including but not limited to, all transmittals and material submittals, RFI's, RFC's, Change Orders, Applications for Payment and all project communications with the City, its Construction Manager and Engineer. This system has certain hardware, internet access and operation requirements that form the basis for all project communications, documentation and records for the project. For more information, see INSTRUCTIONS TO OFFERORS, SECTION 00200, PART 1.4. Electronic Proposal Documents: including Contract Documents, Plans and Technical Specifications are available for download at no cost on the City's Website at: at: https://pearlanclionwave.net/Login.aspx upon registration. The documents are NOT viewable without registration. These same documents are also available at the following locations. Amtek Plan Room (713) 956-0100 4001 Sherwood Houston, TX 77092 The Associated General Contractors of America, Inc. 2400 Augusta, Suite 350 Houston, TX 77057 Virtual Builders Exchange 7035 W. Tidwell Building J, Suite 112 Houston, TX 77092 McGrawHill Construction — Dodge Reports (713) 334-7100 (832) 613-0201 1-800-393-6343 No plan fees or deposits are required for plans and Proposal documents obtained through the City's E-bid System. OFFERORS MUST REGISTER AS A SUPPLIER ON THE CITY'S E-BID SYSTEM IN ORDER TO SUBMIT A PROPOSAL EVEN IF PROPOSAL DOCUMENTS ARE OBTAINED VIA ONE OF THE PLAN HOUSES. Offerors accept sole responsibility for downloading all of the required documents, plans, specifications proposal forms and addenda required for submitting a proposal. Proposals must be accompanied by a Contractors Qualification Statement (Section 00300 Part C). No proposal may be withdrawn or terminated for a period of ninety (90) days subsequent to the proposal opening date without the consent of the City of Pearland. 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 bid price must accompany each proposal. Offerors submitting Proposals electronically through the E-bid System shall scan 12-2017 00100 - 2 of 4 CITYOFPEARLAND INVITATION TO PROPOSE 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 Offerors and delivered to the City's Purchasing Officer within 48 business hours of the request. Bid Security shall be delivered to: Office of City Purchasing, Finance Department, City Hall Annex, 3523 Liberty Drive, Pearland, Texas 77581. Performance and Payment Bonds: The successful Offeror must furnish Performance and Payment Bonds as required by Chapter 2253 of the Texas Government Code or other applicable law, as amended, upon the form included in the Contract Documents, in the amount of one hundred percent (100%) of the final contract price, such bonds are to be executed by a corporate surety duly authorized to do business in the State of Texas, and named in the current list of "Treasury Department Circular No. 570", naming the City of Pearland, Texas as Obligee. Additionally, the successful Offeror shall be required to provide a one year Maintenance Bond for the improvements installed as part of this work, as provided in the Special Conditions of Agreement if so stated. Equal Opportunity: All responsible Offerors having submitted complete proposals will receive consideration for award of contract without regard to race, color, religion, sex, or national origin. 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 other 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 will be awarded based on provision of "Best Value" to the Owner. "Best Value" is defined as: the lowest price for the provision of the highest quality of goods and services in the performance of the work as determined to be most advantageous to the Owner. (252.043 Local Government Code) Owner will attempt to negotiate a contract with the most qualified Offeror. If the Owner is unable to negotiate a satisfactory scope, schedule or price with the selected Offeror, the Owner 12-2017 00100 - 3 of 4 CITYOFPEARLAND INVITATION TO PROPOSE may end negotiations with that Offeror and proceed to the next highest ranked Offeror in the order of the ranking until a contract is reached or all proposals are rejected. The Owner may undertake such investigations as he deems necessary to determine the ability of the Offeror to perform the work, the accuracy of information provided and the reputation of the Offeror with former clients. Offeror shall furnish the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Offeror fails to satisfy the Owner that such Offeror is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Proposals containing any Conditional Modifiers will not be accepted. The City of Pearland (Owner) reserves the right to award a contract based on its sole assessment and ranking of the above factors in its own best interests and to reject any or all proposals for any reason. A proposal that has been "opened" may not be changed for the purposes of correcting an error in the proposed price, scope or schedule. State Sales Tax: The Owner qualifies for exemption from State and Local Sales Tax pursuant to Section 151.311 of the Texas Tax Code for material incorporated into the project. Crystal Roan, TRMC, CMC City Secretary, City of Pearland First Publication date August 12th, 2020 Second Publication date August 19th, 2020 12-2017 00100 - 4 of 4 CITYOFPEARLAND INSTRUCTIONS TO OFFERORS Section 00200 INSTRUCTIONS TO OFFERORS 1. Defined Terms 1.1 The term "Owner" hereinafter is defined as the City of Pearland and is used interchangeably with the term "the City". 1.2 The term "Offeror" means one who submits a Proposal directly to Owner, as distinct from a sub -bidder, who submits a proposal to an Offeror. The term "Successful Offeror" means, on the basis of Owner's evaluation as hereinafter provided, the Offeror submitting a proposal that represents, in the Owner's opinion, the Best Value to the City. The term "Proposal Documents" includes the Invitation to Propose, Instructions to Offerors, the Proposal (Parts A, B and C), and the proposed Contract Documents (including all Addenda issued prior to receipts of proposals). 1.3 The term "E-bid System" refers to the City's electronic bidding system. This is a web -based system that provides all Proposal Documents electronically to potential Offerors and forms the pathway for interested Offerors to submit proposals in response to advertisement and invitation. The term "e-bid" and/ or "electronic bid" means the Offeror's electronic proposal submitted to the Owner by way of the E-bid System. The terms "electronic bid" or "e-bid" are used inter -changeably to describe the above proposal process to submit an authorized proposal to the City in response to an Invitation to Propose. 1.4 The term "Pro-Trak" means the City's web -based contract administration and construction records management system used by involved parties to administer the project. This system serves as the web accessed centralized information distribution hub for document management, pay application processing and record retention for all project documentation. Operational instructions for this system will be issued to the successful Offeror at the pre -Construction Meeting. 1.5 All other definitions set out in the Contract Documents are applicable to terms used in the Proposal Documents. 1.6 Unless otherwise expressly provided herein, all references to "day(s)" shall mean consecutive calendar day(s). 1.7 The term "Alternate(s)" or "Add Alternate(s)" as used interchangeably herein is defined as an additive work item that may be selected or rejected by the Owner based solely on the Owner's acceptance or rejection of the price proposed for this item. Alternate bid prices shall include all labor, material, equipment and overhead costs to perform the work of the Alternate as specified, complete in place. When selected by the Owner, the costs for an Alternate shall be added to the Base Proposal and made a part of the Contract price. 12-2017 00200 -1 of 12 CITY OF PEARLAND INSTRUCTIONS TO OFFERORS 2. Registration for E-bid System 2.1 The Owner' s E-bid System is accessible via the City's web site at https://pearland.ionwave.net/Login.aspx. Proposal documents can be viewed by simply selecting a specific project from the BID OPPORTUNITIES list and clicking on that project AFTER registration as a Supplier. Potential Offerors MUST REGISTER as a "Supplier" by clicking on the Supplier Registration button and completing the registration form. When prompted to add or remove commodity codes registrants must add the codes listed below: * Building Construction Services, New (Includes Maintenance and Repair Services) * Construction Services, General (Includes Maintenance and Repair Services) * Construction Services, Heavy (Includes Maintenance and Repair Services) * Construction Services, Trade (New Construction) Select the appropriate Time Zone for the Offeror's location and whether that location observes Daylight Savings time. Complete the registration information providing all required contact information and establish password security for the E-bid System. Once complete, "suppliers" will receive emails notifying of proposal opportunities. Downloading any project proposal data will automatically place the Offeror's contact information on the list of plan holders list and the E-bid System will automatically send any and all updates, changes or addenda associated with that project. 2.2 The electronic Proposal can only be submitted through this system. The form can be printed for Offeror's use, but the Proposal MUST be submitted on the electronic form within the E-bid System. 2.3 Questions regarding use of the E-bid System may be directed by email to: ebi ds(d),pearlandtx. gov. 3. Copies of Proposal Documents 3.1 Complete sets of "electronic" Proposal Documents are available for download to registered Offerors at No Cost from the City's E-bid System at: https://pearland.ionwave.net/Login.aspx. Interested Offerors must register as a "Supplier" on this site in order to receive the Proposal Documents, and all Addenda or other notifications of changes, including communications from the Owner or Engineer. All Proposal Documents are available to download and print. 3.2 The Offeror accepts sole responsibility for ensuring that he obtains a full set of these documents by completing the registration and executing a full and complete download of the project documents. Downloading of Proposal Documents automatically ensures receipt of any and all subsequent communications from the City or its Engineer. 3.3 Copies of Proposal Documents are available or may be viewed at any of the Plan Houses listed in the Invitation to Propose. It is recommended that all interested Offerors, whether proposing directly to the Owner or Sub -bidders proposing to an Offeror, register as a Supplier and download the project Proposal Documents. 3.4 Complete sets of Proposal Documents must be used in preparing Proposals; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Proposal Documents including, but not limited to all Addenda issued prior to bid. 12-2017 00200 - 2 of 12 CITY OF PEARLAND INSTRUCTIONS TO OFFERORS 3.5 Owner and Engineer, in making copies of Proposal Documents available on the above terms, do so only for the purpose of obtaining Proposals on the Work, and do not confer a license or grant for any other use. 3.6 Proposal Documents include but may not be limited to Section 00300 Proposal — Parts A, B and C. 4. Examination of Contract Documents and Site 4.1 It is the responsibility of each Offeror before submitting a Proposal, to (a) examine the Proposal Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Offeror's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors, omissions or discrepancies in the Contract Documents, (0 to recognize and plan for use of the City's "Pro-Trak" software to administer the construction process and perform the work of the project. 4.2 Any reports of explorations and tests of conditions at the site which have been utilized by the Engineer in preparation of the Contract Documents will be made available to Offerors for review, but such reports are not part of the Contract Documents. Offeror may not and should not rely upon the accuracy of the data contained in such reports, interpretations or opinions contained therein, or the completeness thereof, for the purposes of bidding or construction. 4.3 Information and data reflected in the Contract Documents with respect to underground utilities, equipment or other underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof. 4.4 Before submitting a Proposal, each Offeror will, at Offeror's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Offeror deems necessary to determine its Proposal prices for performing and furnishing the Work in accordance with the Contract Time, Contract Price and other terms and conditions of the Contract Documents. 4.5 On request in advance, Owner will provide each prospective Offeror access to the site to conduct such explorations and tests as each prospective Offeror deems necessary for submission of a Proposal. Prospective Offerors shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 12-2017 00200 - 3 of 12 CITYOFPEARLAND INSTRUCTIONS TO OFFERORS 4.6 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands, access thereto or contractual arrangements for use by the Contractor required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures produced by the work have been obtained and paid for by Owner. 4.7 If Contractor's means and methods require the acquisition of Temporary Construction Easements or any access to private property not already included in the above, such access and documentation along with any costs involved shall be the responsibility of the Contractor. 4.8 The submission of a Proposal will constitute an incontrovertible representation by Offeror that Offeror has complied with every requirement of this Article 4, that without exception, the Proposal is premised upon performing and furnishing all of the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in, required by or reasonably inferred from the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. If the Offeror knows of any discrepancies or omissions in the Contract Documents, he shall notify the Owner and obtain a clarification by Addendum before the proposals are received, and if no such request is received by the Owner prior to the opening of proposals, then it shall be considered that the Offeror fully understands the Work to be performed and has provided sufficient sums in his Proposal to complete the Work in accordance with the Contract Documents. It is further understood that any request for clarification must be submitted in writing no later than five (5) days prior to the opening of proposals. 5. Interpretations and Addenda 5.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer via the City's E-bid system during the question period prior to submittal of proposal. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered or transmitted by electronic means to all registered Offerors in the City's E-bid System. Questions received less than five (5) days prior to the date for opening of Proposals may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2 Addenda may also be issued to modify the Proposal Documents as deemed advisable by Owner or Engineer. Addenda will automatically be made available to all registered Offerors that have downloaded Proposal Documents from the City's E- bid System. 6. Contract Time 6.1 The number of days in which the Work is to be Substantially Completed, as set forth in the Proposal form and the Standard Form of Agreement, subject to such extension of time as may be due under the terms and conditions of the Contract 12-2017 00200 - 4 of 12 CITY OFPEARLAND INSTRUCTIONS TO OFFERORS Documents ("Contract Time"). All references to "time" or "days" shall be interpreted as consecutive calendar days. 7. Liquidated Damages and Early Completion Bonus 7.1 Provisions for liquidated damages and early completion bonus, if any, are set forth in the Standard Form of Agreement. 8. Substitute or "Or -Equal" Items 8.1 The Contract, if awarded, will be awarded on the basis of the selected materials and equipment described in the Plans or specified in the Specifications without consideration of possible substitute or "or -equal" items. All "or -equal" references shall be interpreted to mean " approved equal". Application for acceptance of any proposed substitution will not be considered by Engineer until after a contract is in place. Offeror shall assume any and all risk associated with the unauthorized substitution of any material of equipment included in or inferred by the plans and specifications. The procedure for submission of any proposed substitution by the Offeror, and its consideration by Engineer, is set forth in the Contract Documents. 9. Proposal Form 9.1 The Proposal form (Section 00300 — Proposal — Parts A, B, C,) is included with the Proposal Documents when downloaded. This Document must be printed and signed, as required below, and then uploaded as an Attachment to the Proposal. All E-bids and Proposals must be submitted on the City's official E-bid System. All blanks on the Proposal form must be completed or filled in. The Offeror shall propose for all Alternates, if any. Incomplete Proposals will be cause for rejection. Only complete proposals will be considered, scored and ranked. 9.2 Proposals by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied be evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. Once executed, the document is to be uploaded as an attachment to the Proposal. 9.3 Proposals by partnerships must be executed in the partnership name and signed by a general partner, whose title must appear under the signature, and if a corporate general partner, executed as required above for corporations and the official address of the partnership must be shown below the signature. All names must be typed or printed below the signature. Once executed, the document is to be uploaded as an attachment to the Proposal. 9.4 The Offeror shall acknowledge receipt of all Addenda (the number of which must be filled in on the Proposal form). 9.5 The address and telephone number for communications regarding the Proposal must be shown on the Proposal form. 12-2017 00200 - 5 of 12 CITY OF PEARLAND INSTRUCTIONS TO OFFERORS 9.6 Bid Security and Bonds: Bid Security in the form of Cashier's Check, Certified Check, or Bid Bond payable to the City of Pearland in the amount of 5% of the total base bid price must accompany each proposal. Bidders submitting bids electronically through the E-bid system shall scan and upload a copy of the sealed Bid Bond as an attachment to their bid. 10. Submission of Proposals 10.1 The place, date and/or time designated for opening Proposals may be changed in accordance with applicable laws, codes and ordinances. Any such changes to the Proposal Schedule shall be made by Addenda. Registered Offerors will receive automatic notification through the E-Bid system by email of any and all changes to the bid documents and or dates and times associated with their submittal. 10.2 Electronic Proposals shall be submitted per the requirements, instructions, terms and conditions as stated in the registration and submittal instructions of the City's E-bid System electronic bidding software. All Offerors utilizing this system MUST register as a potential supplier. E-Bids are submitted directly via the City's Web based system located at https://pearland.ionwave.net/Login.aspx. Proposals submitted after the proposal date and time will be rejected. Offerors are advised to submit their proposal well in advance of the closing time and to allow for the electronic transfer to complete prior to the closing deadline. 11. Modification and Withdrawal of Proposals 11.1 Prior to submission, E-bid Proposals may be modified or withdrawn without prejudice. 11.2 Once submitted, Proposals may only be modified by an appropriate document duly executed (in the manner that a Proposal must be executed) and delivered to Office of City Purchasing, Finance Department, Community Development, 3523 Liberty Drive, Pearland, Texas 77581 and submitted any time prior to the opening of Proposals. 11.3 An Offeror may not modify or withdraw its Proposal by facsimile or verbal means. A withdrawn Proposal may be resubmitted prior to the designated time for opening Proposals. No proposal may be withdrawn or terminated for a period of ninety (90) days subsequent to the proposal opening date without the consent of the City of Pearland. 11.4 If, within twenty-four (24) hours after Proposals are opened, any Offeror files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material mistake in the preparation of its Proposal, that Offeror may request to withdraw its Proposal. Thereafter, that Offeror will be disqualified from further proposing on the Project to be provided under the Contract Documents. 12. Opening of Proposals 12.1 Proposals will be opened and (unless obviously non -responsive) read aloud publicly to identify the names of the Offerors and their respective cost proposals, only. An abstract of the amounts of the base Proposals and major alternates (if any) will be made available to Offerors after the opening of Proposals through the E-Bid system. 12-2017 00200 - 6 of 12 CITY OF PEARLAND INSTRUCTIONS TO OFFERORS Proposals, in their entirety, shall be open for public inspection after the contract is awarded, with the exception of any trade secrets or confidential information contained therein, provided Offeror has expressly identified any specific information contained therein as being trade secrets or confidential information. 13. Proposals to Remain Subject to Acceptance 13.1 All Proposals will remain subject to acceptance for ninety (90) days after the day of the Proposal opening, but Owner may, in its sole discretion, release any Proposal prior to that date. 14. Award of Contract 14.1 Owner reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, schedule or scope and to negotiate contract terms with the Successful Offeror deemed, in Owner's sole opinion, to represent the best value. Owner may reject a bid as non -responsive if: 1) Offeror improperly or illegibly completes or fails to complete all information required by the Proposal Documents; 2) Offeror fails to sign the Proposal or improperly signs the Proposal; 3) Offeror qualifies its Proposal; 4) Offeror tardily or otherwise improperly submits its Proposal; 5) Offeror fails to submit the Contractor's Qualifications or fails to respond to any of the required information requested in Section 00300 Proposal or 6) The Proposal is otherwise non -responsive. 14.2 Best Value. The Contract is to be awarded based on provision of "Best Value" to the Owner. Upon receipt of the Proposals, the Owner will consider, score and rank all complete proposals in accordance with the following criteria and select the Proposal that offers the best value to the Owner. Selection Criteria Point Value 1 Proposed price for performance of the full scope of work 50 2 Experience and qualifications of Offeror's project team 10 3 Offeror's experience with projects of similar scope, value and complexity 4 Completeness of Offeror's project approach narrative and proposed schedule 5 Reputation and Offeror's history with proposed sub -contractors/ vendors 6 Offeror's Quality Assurance Program and Safety Record 7 Offeror's financial capacity to adequately fund the work of the project 10 15 5 5 5 14.3 In determining to whom to award a contract, the City of Pearland may consider, in addition to the above selection criteria, the following Qualifications of Offeror, and each Offeror must be prepared to submit within two (2) days of Owner's request any or all 12-2017 00200 - 7 of 12 CITY OF PEARLAND INSTRUCTIONS TO OFFERORS such additional qualifications requested. Failure to provide this information within the specified time frame may be cause for rejection of the Proposal. A contract to be awarded to the Offeror providing the Best Value may be let on either a Lump Sum basis or a Unit Cost basis dependent on the Proposal format. 14.4 Offeror is required to submit for approval a full schedule of values for the project as component of contract negotiations. 14.5 Upon receipt and opening of the proposals, the Owner will score and rank each proposal with respect to the selection criteria contained in this Competitive Sealed Proposal document. After scoring and ranking, an award may be made on the basis of the proposal as submitted, without discussion, clarification or modification, or, the Owner may discuss with the selected Offeror, offers for scope and schedule changes and associated cost reductions and other elements of the responder's proposal. If the Owner determines that it is unable to reach a satisfactory contract with the selected responder, then the Owner will terminate discussions with the selected Offeror and proceed to the next responder in order of selection ranking until a contract is reached or the Owner has rejected all proposals. 14.6 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Proposal and to establish the responsibility, qualifications and financial ability of Offerors, proposed Subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents, to Owner's satisfaction, within the Contract Time. 14.7 Offeror Attendance. The successful Offeror or its representative is required to attend the City Council meeting in which the contract will be considered for award. Owner will establish a schedule for the award with Offeror. 15 Contract Security 15.1 When the Successful Offeror delivers the executed Standard Form of Agreement to Owner, it must include the required Performance, Payment, Maintenance and Surface Correction Bonds (if required) by the Contract Documents. Bonds may be on the forms provided herein or an equal form containing no substantive changes, as determined by Owner. 16 Workers' Classification 16.1Texas Government Code § 2155.001 authorizes a penalty of $200 per misclassified individual to be imposed on a person who contracts for certain services with a governmental entity and fails to properly classify their workers and subcontractors. This is effective January 1, 2014. 17. Signing of Agreement 17.1 When Owner gives a Notice of Intent to Award to the Successful Offeror, it will be accompanied by the required number of unsigned counterparts of the Standard Form 12-2017 00200 - 8 of 12 CITY OF PEARLAND INSTRUCTIONS TO OFFERORS of Agreement, and the required Performance and Payment Bond forms. Within ten (10) days thereafter Contractor shall sign and deliver the required number of counterparts of the Standard Form of Agreement to Owner with the required Bonds. Within ten (10) days thereafter, Owner shall deliver one fully signed counterpart to Contractor. There shall be no contract or agreement between Owner and the Successful Offeror until proper execution and attestation of the Standard Form of Agreement by authorized representatives of the Owner. 18. Pre -Proposal Conference 18.1 A pre -proposal conference will be held as indicated in the Invitation to Propose. Attendance at the pre -proposal conference is NOT MANDATORY to fulfill the prerequisite requirements for Offerors bidding directly to the Owner. 19. Retainage 19.1 Provisions concerning retainage are set forth in the Contract Documents. 20. Award 20.1 The contract, if awarded, may be awarded to the eligible Offeror submitting the lowest priced and containing the most advantageous proposal for the Owner, complying with these Instructions to Offerors and other proposal requirements in the Documents. By submitting a Proposal, each Offeror agrees and consents that the Owner, in determining the Successful Offeror and his eligibility for award, may consider the Offeror's experience and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, safety record and other factors as noted, which could affect the Offeror's qualifications to perform the work. 20.2 Pursuant to Statute 2269.151 of the Government Code, the City will evaluate the proposals to determine which proposal provides the best value for the Owner. In making said determination, the Owner will consider Criteria as further defined or explained in these Instructions to Offerors and Bid Proposal, including the Offeror's Approach narrative and project schedule, the qualifications and experience of key personnel, quality assurance program and safety record, prior experience on similar projects, acceptability of selected sub- contractors and financial capacity to adequately fund the work of the project. 20.5 Price = 50 points. The Offeror with the lowest proposed price for all work will be awarded Points. All other Offerors will be awarded a score based on a weighted percentage of the difference from the low Offeror. 20.6 Experience of Key Personnel = 10 points. Offeror must demonstrate minimal experience with its project team. The three (3) key staff include: the Project Manager, General Superintendent and the Scheduler/ Buyer or Safety Coordinator. Minimal experience required for each Key team member shall be as follows: Project Manager, minimum of ten years verified project management experience on projects of similar size, scope and complexity, minimum one year with Offeror's firm, provide list of prior projects, 12-2017 00200 - 9 of 12 CITYOFPEARLAND INSTRUCTIONS TO OFFERORS Superintendent, minimum of ten years verified experience in the industry, minimum of two years with the Offeror's firm, provide list of prior projects. Scheduler/ Buyer/ Admin, minimum one year experience providing support to the project team and performing duties in support of the project objectives. Provide three recent examples of this team's: • experience with projects of similar scope, complexity and value • ability to schedule and phase the work properly to meet an Owner's schedule • ability to adjust or accelerate portions of the schedule to meet Owner's needs • ability to deal with end -users concerns and expectations The Offeror must allocate 100% of the work hours of the General Superintendent to this project. No member of this team may be replaced without notification to the Owner and Owner reserves the right to review experience of any team member replacement and reject to any team member on the grounds of reputation or experience 20.7 Offeror's Qualifications and work history of the Offeror's firm = 10 points. The Offeror is required to provide references for projects of similar scope, value and complexity to demonstrate its ability to prosecute complex work including high- technology components or similarly complex electrical, mechanical or building components where the subcontractor and Offeror have worked together. The Offeror acknowledges that it is in the best interest of the Owner and the Offeror to have the work performed by experienced personnel in each particular construction discipline with particular interest and attention to the following with provided references: 20.8 Approach and Schedule = 15 points. The thoroughness and detail of the Offeror's approach to prosecuting the work and the ability to commit to an acceptable delivery schedule for the completed project in accordance with the Owner's desired schedule The Offeror's experience and commitment to identifying and meeting the specific milestones for the various components of the project as identified in the approach narrative and schedule. The Offeror's approach to dealing with end -users of the project and shifting concerns. Discuss past performance and lessons learned during project close out phase on the three (3) examples of similar scope, complexity and value. Provide the awarded contract amount, final contract amount and explanation of any change orders. Provide a proposed project schedule using Critical Path Method. Offeror must provide a Critical Path summary level schedule for this Project indicating the Offeror's proposed construction schedule. Owner will assess the quality and clarity of the Offeror's work -plan including schedule, logistics/phasing plan, understanding of the work and sensitivity to ongoing operations in the facilities. 20.9 Identification and History with selected Sub -contractors = 5 points. Submit a complete list of selected sub -contractors and the basis for that selection. Provide a brief list of historic relationship with each and a list of projects each sub -contractor has performed with the Offeror. Owner reserves the right to contact sub -contractors to discuss details of previous projects. The Sub -Contractor's reputation among other governmental entities, owners, 12-2017 00200 - 10 of 12 CITY OF PEARLAND INSTRUCTIONS TO OFFERORS suppliers, and will be considered for awarding of points. Strong consideration will be given to first-hand experience on prior City of Pearland projects. Owner places positive emphasis on long-term relationships between General and Sub -Contractors. 20.10 Quality Assurance Program=2points and Safety Record = 3 points for a total = 5 points. The Offeror and the subcontractors must provide owner with their Experience Modification Rate (EMR). The Offeror with the lowest EMR will be awarded a 3 rating. Any Offeror with an EMR above 1.0 or with a planned subcontractor with an EMR above 1.0 will be awarded a 0 rating valve. All Offerors will be awarded a value based on their own EMR. The Offeror must provide a summary of the Offeror firm's Quality Assurance Program based on self -performed work and how this plan includes subcontractors. These criteria will be judged separately for a total of 5 points. 20.11 Financial Statement of Offeror = 5 points. Provide audited financial statement consisting of the balance sheet and annual income statement of Offeror for the Offeror'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 Offeror shall be used to determine an Offeror's net working capital, which is defined as current assets less current liabilities. An Offeror's net working capital shall be considered evidence of the Offeror's ability to provide sufficient financial management of the project being considered. The Offeror'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 Offeror. 20.12 Maximum Possible Score = 100 Points. 20.13 An interview (if conducted) will be evaluated and rated on a 5-pt. scale and added to the proposers Price/Qualifications point score. END OF SECTION 12-2017 00200 - 11 of 12 Official Position NON -COLLUSION STATEMENT "The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid." Vendor C. F. McDonald Electric, Inc. Address 5044 Timber Creek Houston, TX 77017 Phone Number Fax Number 713-921-1368 713-921-5109 Email Address wayneb@mcdonaldinc.com Bidder (Signature) Vice President Special Projects Position with Company Signature of Company Official Authorizing This Bid i Wayne Berkenmeier Company Official (Printed Name) Vice President Special Projects Address: Yes No ❑ El LI El El El El El ❑n n❑ Li El ❑ LI El El El El ❑ II.J Contractor Questionnaire 1. Has the City of Pearland or other governmental entity incurred costs as a result of contested change order(s) from the undersigned company? 2. Has the City of Pearland or other governmental entity been involved in litigation relative to contract performance with the undersigned company? 3. Has the undersigned company failed to meet bid specifications or time limits on other contracts? 4. Has the undersigned company abandoned a contract or refused to perform without legal cause after submitting a bid? 5. Has the undersigned company had bidding errors or omissions in two or more bid submissions within a thirty six (36) month period? 6. Has the undersigned company failed to perform or performed unsatisfactory on two or more contracts within a thirty six (36) month period? 7. Does the undersigned company have adequate equipment, personnel and expertise to complete the proposed contract? 8. Does the undersigned company have a record of safety violations in two or more contracts within a thirty six (36) month period? 9. Does the undersigned have a criminal offense as an incident to obtaining or attempting to obtain a public or private contractor subcontract, or in the performance of such a contract or subcontract within a ten (10) year period? 10. Has the undersigned company been convicted of a criminal offense within a ten (10) year period of embezzlement, theft, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which might affect responsibility as a municipal contractor? 11. Has the undersigned company been convicted of state or federal antitrust statutes within a ten (10) year period arising out of submission of bids or proposals? 12. Has the undersigned company been disbarred or had a similar proceeding by another governmental entity? If you answered "yes" to Items 1-6 or 8-12 or answered "no" to Item 7, please attach a full explanation to this questionnaire. Company Name: C. F. McDonald Electric, Inc. 5044 Timber Creek Houston, TX 77017 Wayne Berkenmeier Vice President Special Projects Name: Title: (Please Print) J � _ Signature: (Please Print) Date: 09/0 " /20 REFERENCES Bidder must furnish, with this bid, a list of three (3) references from customers with a similar or larger operation as the City of Pearland. This document, or a similar version issued by your company, must be uploaded with your bid response. Company Name: Burrer Engineering Contact: Eric Burrer Phone Number: 281-841-9405 Email Address: eric@burrereng.com Company Name: Odyssey Engineering Philip Huseman Contact: Phone Number: Email Address: phuseman@odysseyeg.com 281-306-0240 Company Name: LJA Engineering Gregg Haan Contact: Phone Number: 713-953-5200 Email Address: ghaan@Ija.com CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ 'For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. Date Received ?J Name of vendor who has a business relationship with local governmental entity. 1 �.i . _) ,-1 -_- ii Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 1.1 Name of local government officer about whom the information is being disclosed. Name of Officer Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 11 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Sectiori-176.003(a)(2)(B), excluding described in Section 176.003(a-1). gifts 7 I — __—/� / � s Signature -of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 MINUTES OF MEETING OF BOARD OF DIRECTORS OF C. F. McDONALD ELECTRIC, INC. A meeting of the Board Of Directors of the Corporation was held on this date and at the time and place set forth in the written waiver of Notice signed by the Chairman, fixing such time and place. There were present the following: Larry G. Stephenson, Chairman of The Board/Director Harry Keller, Vice President Diana Dollar, Secretary/Treasurer Wayne Berkenmeier, Vice President Special Projects The meeting was called to order by Larry G. Stephenson. On the day, May 1, 2014, it was moved, seconded, and unanimously carried that Wayne Berkenmeier, acting as Vice President Special Projects of the Corporation, shall have the authority to sign, alone, any and all bid proposals, contracts and other legal of C. F. McDonald Electric, Inc., and/or McDonald Municipal and Industrial A Division of C. F. McDonald Electric, Inc. There being no further business to come before the meeting, upon motion duly made, seconded, and unn ously carried, it was adjourned. Larry G.rStephenson Diana i ar CITY OF PEARLAND STANDARD FORM OF AGREEMENT APPENDIX B House Bill 89 Verification Wayne Berkenmeier (Person name), the undersigned representative (hereafter referred to as "Representative") of C. F. McDonald Electric, Inc. (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: 1. 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. SIGNATtRE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 1st day of September 20 20 f> Notary Public DIANA DOLLAR Notary Public State of Texas ID # 80869-2 My Comm. Expires 11-10-2022 CITY OF PEARLAND SEALED COMPETITIVE P O]POSAL Section 00300 SEALED COMPETITIVE PROPOSAL PART A Date: 09/01/20 Bid of C. F. McDonald Electric, Inc. / a corporation organized and existing under the laws of the State of Texas / K-ruiaialiiiN*XMiXsTaKPEC for the construction of: To: PSB Back -Up Power Redundancy for Critical Facility City of Pearland, Texas COP PN: FA2006 PROPOSAL NO.: 0820-52 (Submitted in Electronic format) The Honorable Mayor and City Council of Pearland City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Pursuant to the published Invitation to Propose, and Instructions to Offerors, the undersigned Offeror hereby proposes to perform all the work and furnish all necessary superintendence, labor, machinery, equipment, tools and materials, and whatever else may be necessary to complete all the work described in or reasonably inferable from the Contract Documents for the construction of the PSB Back -Up Power Redundancy for Critical Facility with all related appurtenances, complete, tested, and operational, in accordance with the Plans and Specifications prepared by Donald Richards, P.E., LEAF Engineers, 11 Greenway Plaza, Suite 1510, Houston Texas, 77046, for the unit prices or applicable prices set forth in Part "B", 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 Offeror. It is understood that, in the event any changes are ordered on any part of the Work, the applicable unit prices shall apply as additions to or deductions from the total prices for the parts of the Work so changed. The Bid Security required under the Instructions to Offerors is included and has been uploaded as an attachment within the E-bid system and, that a fully executed, signed and sealed hard copy has been delivered to the Office of City Purchasing, Finance Department, City Hall Annex 3523 Liberty Drive, Pearland, Texas 77581. The Offeror agrees to submit to the Owner the Qualifications of Offeror, including the Financial Statement of Offeror, as required by the Instructions to Offerors if requested to do so as a condition of the Proposal process. The Offeror binds himself, upon acceptance of his proposal, to execute the Standard Form of Agreement and furnish an acceptable Performance and Payment Bond and Maintenance Bond, each in the amount of one hundred percent (100%) of the total Contract Price, according to the forms included in the Contract Documents, for performing and completing the said work within the time Offeror's Initial's 12-2017 00300 - 1 of 2 CITY OF PEARLAND SEALED COMPETITIVE PROPOSAL stated and for the prices stated in Part "B" of this proposal along with all required insurance in the required amounts. The undersigned Offeror agrees to commence work within 10 days of the date of a written Notice to Proceed. It is understood that the Work is to be Substantially Complete within one -hundred twenty (120) Calendar Days after the date of the Notice to Proceed. Time for Substantial Completion shall begin on the date established by the Notice to Proceed. The Contractor will pay liquidated damages in the amount(s) specified in Section 00500 — Standard Form of Agreement, in the event the Work is not Substantially Complete within the Contract Time. The undersigned agrees that the amounts proposed in this Proposal will not be withdrawn or modified for ninety (90) days following date of Proposal opening, or such longer period as may be agreed to in writing by the City of Pearland and Offeror. It is understood that in the event the Successful Offeror fails to enter into the Standard Form of Agreement and/or to furnish an acceptable Performance and Payment Bond and Maintenance Bond, each in the amount of one hundred (100) percent of the Contract Price, along with all required insurance in the stated amounts within ten (10) days of the Notice of Award, the Successful Offeror will forfeit the Bid Security as provided in the Instructions to Offerors. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s). The Offeror acknowledges that the following Addenda have been received. The modifications to the Proposal Documents noted therein have been considered and all costs thereto are included in the Proposal prices. Addendum No.: 1 Date: 08/25/20 Addendum No.: Date: Addendum No.: Date: Addendum No.: Date: Offeror hereby represents that the only person or parties interested in this offer as principals are those named. Offeror has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding. Firm Name: C. F. McDonal ctric, Inc. By: Title: c Wayne Berl me r, Vice Presi pecial Projects Address: 5044 Ti h fiber Creek Houston, TX 77017 Phone No: 713-921-1368 Al"1'hST: Diane Dollar, Secretary/Treasurer (Typed or Printed Name) Signature Date: 09/01/20 END OF SECTION Offeror's Initial's: 12-2017 00300 - 2 of 2 CITY OF PEARLAND SEALED COMPETITIVE PROPOSAL PART B PRICE PROPOSAL FORM 50 points PROPOSAL Quantity UOM Description Spec Reference Unit Price Total Amount PKHD 1 Base Bid 1 Base Bid PKLN 1 1 Base Bid 1 LS Mobilization and Demobilization: Furnish all labor, materials, equipment and incidentals required for the Contractor to mobilize and demobilize. Shall include all costs for Contractor's insurances and bonds, construction/building permits and fees, job trailers and site administration expenses and utilities. 01505 $ 50,000.00 $ 50,000.00 PKLN 1 2 Base Bid 1 LS Renovation Summary of work: Furnish and install all labor, materials, equipment and incidentals required for renovations to the back-up power supply and their systems as shown on the construction documents, including but not limited to, replacement and new construction for electrical. Base Bid includes all work related to the complete installation of the emergency power distribution system modifications. Complete Contract Documents $ 344,469.00 $ 344,469.00 $ 394,469.00 Offeror's Authorized Signature Wayne Berkenmeier, Vice President Special Projects Offeror's Initials: , ..-'' 00300 - Part B ' 1 CITY OF PEARLAND PROPOSAL SEALED COMPETITIVE PROPOSAL PART C CONTRACTOR'S QUALIFICATION STATEMENT (Required from ALL OFFORERS) Submitted in reference to: PSB Back -Up Power Redundancy for Critical Facility C. F. McDonald Electric, Inc. Vice President Special Projects By: Wayne Berkenmeier Title: P General Offeror Information. The signatory of this questionnaire attests to the truth and accuracy of all statements and of all answers to interrogatories hereinafter made under a penalty of perjury. 1. INDIVIDUAL/PARTNERSHIP/CORPORATION/JOINT VENTURE Principal Office Address: 5044 Timber Creek Houston, TX 77017 Telephone Number: (713 ) 921-1368 Fax Number: ( 713 ) 921-5109 Email address: wayneb@mcdonaldinc.com Indicate as Applicable: X A Corporation A Partnership An Individual If a Corporation, complete this section: Date of Incorporation: 03/01/66 Texas State of Incorporation: Chief Executive Officer's Name: Larry Stephenson President's Name: Larry Stephenson Vice President's Name(s): Harry Keller and Wayne Berkenmeier Secretary's Name: Diane Dollar Treasurer's Name: Diane Dollar If a partnership, complete this section: Date of organization: 12-2017 Offeror's Initials: --'' 00300 - Part C - 1 of 7 CITY OF PEARLAND PROPOSAL SEALED COMPETITIVE PROPOSAL PART C State whether partnership is general or limited: Name and address of each partner: If an individual, complete this section: Name and business address: All Offerors MUST provide the following information: 1. How many years has your organization been in business as a general contractor under your present business name? 64 2. How many years' experience in this type of construction work has your organization had: (a) as a general contractor? 64 (b) as a subcontractor? 64 3. Are you a member of the BBB, International Standards Orcanization (ISO), or other quality associations or quality certifying organizations? National Electrical Contractors Assoc; Associated 4. Dunn & Bradstreet # 004928230 General Contractors Assoc. 5. Where is your main office located? 5044 'Timber Creek Houston, TX 77017 6. Have you ever failed to complete any work awarded to you? No. 7. If so, where and why? 2. OFFEROR'S KEY PERSONNEL EXPERIENCE 10 points A Offeror shall provide satisfactory evidence that the minimum qualification requirements are met for each position: 1. Key Personnel Experience - Provide qualifications of the project personnel who will perform key functions. Minimum information to be contained on the resume of each individual shall include: Years in position, years with Offeror's firm, education, position occupied on each prior assignment, description of duties on each assignment. Provide this information on the following team members below. Once identified these team members may not be changed except with written notification and the Owner's approval of any and all replacement personnel. What is the name and percentage of time allocated to the following personnel? For Project Manager Raymond Leal For Project Superintendent Robert Gutierrez For Scheduler/ Safety Alan Coleman Provide detailed information regarding each team member's experience on a separate sheet OR provide detailed resume's and add as "Attachment #1 to Part C". 12-2017 Offeror's Initials: w- 00300-PartC-2of7 CITY OF PEARLAND PROPOSAL SEALED COMPETITIVE PROPOSAL PART C 3. OFFEROR'S ORGANIZATIONAL EXPERIENCE 10 points A. Offeror shall provide satisfactory evidence of successful, on -time completion of a minimum of three projects of comparable scope, dollar value and technical complexity as the prime general contractor. Projects shall be drawn from work performed within the last five years and shall be examples of "ground -up" construction. If available, examples should include projects performed for governmental entities and in all cases should include the contact information for persons familiar with the project in the employ of the owner at the time of construction. Provision of contacts shall imply your organization's agreement to the Owner contacting those named individuals. Additional information may be provided on a separate sheet labeled "Attachment 2 to Part I if required. PROJECT 1: Owner's Name and Contact Information: City Of Pearland -Jameson Appel 713 824 2837 Project Name: Recreation Center and Natatorium Generator and Improvements Type of facility: Recreation Center Construction Cost: $ 1,058,469.00 Scope of Work: Install a new generator and miscellaneous architectural improvements Year of Completion: 2020 Location (City and State): Pearland, TX PROJECT #2 Owner's Name and Contact Information: City Of Bay City -Barry Calhoun 979-245-7236 and Project Name: Bay City Harvey Recovery Generators Wade Parks Y13-491-8333 Type of facility: Water Plant, Waste Water Treatment Plant, Lift Station, Airport Construction Cost: $ 1,361,710.00 Scope of Work: Install generators and a lift station control panel Year of Completion: 2020 Location (City and State): Bay City, Texas PROJECT #3 Owner's Name and Contact Information: City Of College Station -Jared Lapaglia 979-764-3671 Project Name: Sandy Point Pump Station VFD Replacement Type of facility: Water Pumping Station Construction Cost: $ 238,812.00 Scope of Work: Replace medium voltage VFDs Year of Completion: 2019 Location (City and State): College Station, Texas 12-2017 Offeror's Initials 00300 - Part C - 3 of 7 CITY OF PEARLAND PROPOSAL SEALED COMPETITIVE PROPOSAL PART C 4. OFFEROR'S PROJECT APPROACH 15 points Additional information may be provided on a separate sheet labeled "Attachment 3 to Part C", if required. A. Provide a brief description of your firm's approach to the work? Explain, in detail, any portions of the Work that will be particularly challenging. Please see attached. B. Explain your methodology for performing the proposed work, including Cost and Schedule control. Add extra sheets as required. Please see attached. C. What portions of the work will your firm self -perform? Please see attached. 12-2017 Offeror's Initials: 00300-PartC-4of7 CITY OF PEARLAND PROPOSAL SEALED COMPETITIVE PROPOSAL PART C D. Provide proposed calendar day schedules to complete Base Bid Items, this supersedes any other stated substantial completion schedule, Attach Critical Path milestone schedule and, attach on separate sheet, label "Attachment 4 to Part C" Please see attached. 5. IDENTIFICATION & HISTORY WITH SUB -CONTRACTORS 5 points Offeror proposes the following subcontractors to be used for the Project (list others as applicable). List ALL major Sub -contractors (Mechanical, Electrical, Plumbing, Structural and Civil as a minimum) and any Specialty Item Sub -contractors or any subcontractor scheduled to perform 5 percent or more of the Project work. Provide a brief history of your firm's association with listed Sub -Contractors over the last FIVE YEARS on a separate sheet labeled "Attachment 5 to Part C". Provide three references for each Sub -Contractor along with contact information. No changes to proposed Sub -Contractors may be made without Owner's approval. The information provided will be used in the evaluation of the Offeror. The references shall include name of project, Owner contact information, and Engineer contact information if available. TABLE 00300-2 SCHEDULE OF SUBCONTRACTORS SUBCONTRACTOR SPECIALTY $ VALUE OF CONTRACT PERCENTAGE OF WORK 1. None 2. 3. 4. 5. 6. 7. 8. 9. 10. On a separate sheet labeled as "Attachment 5 to Part C" per above instructions: A. Provide a brief description of your firm's history with each of your proposed major Sub- contractors? N/A B. Provide references major Sub -contractors. 12-2017 Offeror's Initials:�f 00300 - Part C - 5 of 7 CITY OF PEARLAND PROPOSAL SEALED COMPETITIVE PROPOSAL PART C 6. QUALITY ASSURANCE AND SAFETY RECORD 5 points 6.1 QUALITY ASSURANCE PROGRAM 2 points A. Describe your firm's methodology for ensuring quality control over sub -contracted work. N/A B. What quality assurance components does your firm put in place with self -performed work? Our method to provide quality control is to have a thorough understanding of the scope of. work and the specifications. Our field superintendent will be on site at all times to oversee the work. See attached quality control plan. We have used this plan on thousands of past projects and it works well for us. It has been accepted by NASA, the City Of Houston, Port Houston and many other major entities on past projects. C. Are you currently in litigation concerning any of your projects or have you litigated any owner in the last five years? Explain No. 6.2 SAFETY QUESTIONAIRE 3 points A. List your Firm's Worker's Compensation Insurance Experience Modification Rate for the three most recent years as evidenced in Workmen's Compensation Insurance premiums. If your company is not Interstate rated, provide your intrastate EMR. 2017: .76 12-2017 Offeror's Initials: 00300 - Part C - 6 of 7 • President of Firm: CITY OF PEARLAND „ iS OPOSAL SEALED COMPETITIVE PROPOSAL PART C 2018: .84 2019: .87 The above -mentioned information should be confirmed by a letter from your Worker Compensation Insurance Carrier. B. Are accident reports (OSHA 300) and report summaries sent to the following? And if so, how often? • Field Superintendent: Yes, after accident has occurred • Vice President — Operations: Yes, monthly Yes, monthly C. How are accident records and summaries kept? How often are they reported? • Accidents totaled for entire Company: Brief description on OSHA 300, more detailed in file • Accidents totaled for Project: N/A -fortunately not enough to warrant by job • Accidents Totaled by Superintendent and/or Foreman: Total kept by Safety,Director D. Existing Safety and Orientation Programs: • Summarize and submit the Offeror firm's safety program execution plan (1 page). Outline the training requirements and frequency, meeting types and frequency, and personnel responsible for executing the plan on site as a minimum. Please see attached. 7. OFFEROR'S FINANCIAL STATEMENT 5 points Provide audited financial statement consisting of the balance sheet and annual income statement of Offeror for the Offeror's last fiscal year end preceding the submission of the Proposal, which has been audited or examined by an independent certified public accountant. The Financial Statement of Offeror shall be used to determine an Offeror's net working capital, which is defined as current assets less current liabilities. An Offeror's net working capital shall be considered evidence of the Offeror's ability to provide sufficient financial management of the project being considered. The Offeror'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 Offeror. We are very financially sound and have an excess of cash on hand. We have never borrowed money to purchase anything in the history of our Company as all equipment, buildings, trucks, tools, etc are paid for in cash. See attached confidential finasggn.trION 12-2017 Offeror's Initials: 00300 - Part C - 7 of 7 IVIIMcDONALD ELECTRIC CONTRACTORS •ENGINEERS SINCE 1956 City of Pearland To Whom It May Concern: In response to item #4 of the Sealed Competitive Proposal Part 4 (Page 4 of 7; Attachment 3 to Part C) we offer the following: A. Our approach to completing the work begins with extensive coordination with the Owner so that we develop a method of procedure to complete the work in a manner that works for everyone. This project will require significant power outages as the work that we will be performing is within major electrical distribution equipment "MSA" and "EMSA". We understand that we must keep the life safety branch "on line" at all times and we will do so but all electrical distribution feeders fed from "MSA" and "EMSA"will be deenergized during the project. We have over 60 years of experience working on critical systems at Police Departments, Data Centers, Hospitals, AT&T facilities, NASA Flight Control, and others and we are confident that we will be able to complete the work in the least amount of time possible. The following is our general approach of completing the major components of the project at this time. (This approach can be changed as need after we receive input from the Owner): Prior to Mobilization: 1. Field measure the existing gear and the existing space. 2. Provide detailed equipment submittals on the electrical gear that will fit into the allotted amount of space and that we be installed in the least amount of time to minimize the power outages. 3. Order the gear after the submittals are approved. After the Electrical gear is ordered: 4. Mobilize and pour the new equipment pads. After the Electrical gear arrives: 5. Mobilize and install the new ATS and "ESWBDB". Power Outage Work Complete Work Associated with "MSA" & "ESWBDB" 6. Provide temporary power to the Life Safety branch of the system. 7. Open the 3000A main breaker in "MSA" (Complete power outage.) 8. Install "Section 2" and "Section 3" of "MSA". 9. Install conduits and wires from "MSA" to "ESWBDB" and terminate. Terminate the feeder for "EMSA". 10. Close the 3000A main breaker in "MSA" (Normal Power restored) Complete Work Associated with "EMSA" 11. Open the 1600/3 breaker in "EMSA" and open the output breaker on the 900KW Generator. (Complete power outage of the emergency system.) 12. Remove the existing section of "EMSA" and install the new section 4 in "EMSA". 13. Terminate the existing wire to feed the existing ATS. 14. Close the 1600/3 breaker in `EMSA" and close the output breaker on the 900KW generator. (Emergency Power restored) 15. Remove the temporary power to the Life Safety branch of the system and connect the Life Safety branch back to the Emergency system. Work after the New Electrical Gear is installed and energized: 16. Install conduit and wire for the normal, emergency, and load side feeders of the new ATS. 17. Start/test the new ATS and control system associated with the Shunt Trip breaker in "EMSA". As stated above, the work identified on the drawings will require significant power outages. We have visited the site and reviewed the drawings and the specifications and we may have an alternative method of adding `ESWBDB" to the system that will drastically reduce the lengths of the power outages while saving the Owner significant monies. We look forward to discussing this option with you if we are awarded the project. B and C. Our methodology for performing the proposed work is the following: We will have no subcontractors on this project as all work will be performed by our own labor force with our own tools and equipment. Our Project Manager will sit down in our office with our Superintendent and review the drawings and the specifications. The Superintendent will be provided with a complete specification book and three full sets of drawings for his use in completing the project. Our Project Manager will visit the site often to inspect all completed work and to discuss upcoming work with the Super indent. Our Superintendent will act as our quality control manager as well to ensure that the project is completed in the most professional manner possible and in strict compliance with the specifications. McDonald Electric uses a proprietary job cost software that tracks all costs associated with a project. The cost data tracks material and labor costs on a weekly basis so that our Project Manager can ensure that our costs do not exceed our budgets on every project. Attachment 4 to Part C" is our base line schedule. This schedule is a starting point and will be refined with accurate dates and durations after we meet with the owner to discuss their needs and requirements. We will update the schedule on a monthly basis until the major equipment arrives at which time we will update it weekly or as often as we need to keep the owner informed and to make any changes that the owner may request. At the completion of the project we will request substantial completion and walk the project with the owner/engineer to create a punch list if there are any items that need to be addressed. We will complete the punch list in a timely manner, provide all O&M manuals, a warranty letter, and all other close out documentation. We have accounts with every major electrical distributer in Houston as well as Cemex for all of our concrete needs. We will order material from one of our multiple vendors and have it delivered to the site just before we need it so that it is not in our way and not exposed to the elements. C. As stated above, we will self -perform 100% of the work on the proposed project. We have completed thousands of projects similar to the proposed project over the last 60 years with our on manpower and we look forward to the challenge on this project. D. See "Attachment 4 to Part C" for our base line schedule. CITY OF PEARLAIVD STANDARDI FORM OF AGREEMENT Section 00500 STANDARD FORM OF AGREEMENT THIS AGREEMENT is by and between City of Pearland (hereinafter called OWNER or City) and C. F. McDonald Electric, Inc.! (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: PSB Back -Up Power Redundancy for Critical Facility City of Peariand, Texas COP PN: FA2006 BID NO.: 0820-52 Article 2. ENGINEER The Work has been designed by LEAF Engineers 11 Greenway Plaza, Suite 1510 Houston, Texas 77046, Donald Richards who is hereinafter called ENGINEER and who is to assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work will be Substantially Complete (as defined in Article 1 of the General Conditions) within One Hundred Twenty (120) Calendar 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 Thirty (130) Calendar days from the date when the Contract Time commences to run. No work will be allowed on Sundays. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 5 of the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Five Hundred dollars ($500) for each 4-2015 00500 - 1 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the. remaining Work within the time set out in the Certificate of Substantial Completion or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Seven Hundred Fifty dollars ($750) 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 $ 394,469.00 (the "Contract Price"). The Contract Price includes the Base Bid $394,469.00 Document 00300 — Bid Proposal. Article 5. PAYMENT PROCEDURES as shown in CONTRACTOR shall submit Applications for Payment in accordance with Section 6.0 "Measurement and Payment" of the General Conditions. Application for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER as provided below. All progress payments will be on the basis of the progress of the Work and actual quantity of Work completed, in accordance with Article 6 "Measurement and Payment" of the General Conditions. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage or actual quantity of Work complete, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions. The OWNER shall make payment within 30 days of receipt of application for payment by the ENGINEER. 5.1.2 Each progress payment shall be less retainage as specified in Paragraph 6.06 of the General Conditions, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may upon written recommendation of the ENGINEER pay a reasonable and equitable portion 4-2015 00500 - 2 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER's option, may be relieved of the obligation to fully complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment." 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 6.09 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 6.09. Article 6. INTEREST Interest on any overdue payment from OWNER to CONTRACTOR shall be paid in accordance with the provisions of Chapter 2251.025 of the Texas Government Code, as amended. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all available surveys, assessments, reports of explorations, investigations, and tests of subsurface conditions and drawings of physical conditions of the site. Such technical reports and drawings are not Contract Documents, and Owner makes no representations or warranties as to the accuracy of such documents or information, or to whether or not they are complete, comprehensive, or all-inclusive. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work, and CONTRACTOR assumes the risk of such subsurface and physical conditions, and shall furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests, reports, and studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, 4-2015 00500 - 3 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and finish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies in the Contract Documents of which Contractor knew or should have known, and CONTRACTOR shall perform the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including any written resolution of any such conflict, error or discrepancy by ENGINEER. In the event of a conflict that was not brought to the OWNER's or ENGINEER's attention prior to the bid, the CONTRACTOR is assumed to have bid the most expensive alternative. Article 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consist of the following, each of which are incorporated herein by reference: 8.1 Standard Form of Agreement (Section 00500). 8.2 Performance, Payment, and/or Maintenance Bonds (Sections 00610, 00611, and 00612). 8.3 General Conditions of Agreement (Section 00700), including Attachment No. 1 Workers' Compensation Insurance Coverage, Attachment No. 2 Agreement for Final Payment and Contractor's Sworn Release, and Attachment No. 3 Owner's Insurance Requirements of Contractor. 8.4 Special Conditions of Agreement (Section 00800). 8.5 Plans, consisting of sheets numbered 1 through 7 inclusive with attachments with each sheet bearing the following general title: PSB Back -Up Power Redundancy for Critical Facility 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 be deemed severed from this Contract and the remaining provisions shall be carried 4-2015 00500 - 5 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT out with the same force and effect as if the severed provision had not been part of this Contract. 9.9 The headings of the paragraphs are included solely for the convenience of reference and if there is any conflict between the headings and the text of this Contract, the Contract text shall control. 9.10 The waiver of any breach hereof shall not constitute a waiver of any subsequent breach of the same or any other provision hereof. Failure by the OWNER in any instance to insist upon observance or performance by CONTRACTOR shall not be deemed a waiver by CONTRACTOR of any such observance or performance. No waiver will be binding upon OWNER unless in writing and then will be for the particular instance only. Payment of any sum by OWNER to CONTRACTOR with knowledge of any breach or default will not be deemed a waiver of such breach or default or any other breach or default. 9.11 The CONTRACTOR acknowledges that the OWNER (through its employee handbook) considers the following to be misconduct that is grounds for termination of an employee of the OWNER: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the OWNER. The CONTRACTOR agrees that it will not, directly or indirectly; cause an employee of the OWNER to engage in such misconduct. 9.12 The CONTRACTOR agrees to comply with Appendix A (attached) of the City of Pearland's Title VI Nondiscrimination Plan Assurances. 4-2015 00500 - 6 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and one to CONTRACTOR. This Agreement will be effective upon execution and attestation by authorized representatives of the City of Pearland and upon the following date: cC>-,Ir' 1 2023 OWNER: CITY OF PEARLAND By: Title: /� /A� ` C 7i(' Date: /!/ </10.7e) ATTEST CONTRACTOR: C. F. McDonald ]ale r , Inc. Date: 10/27/20 (Corporate Seal) ATTEST Diane o 1 ar, ecreta reasurer Address for giving notices 5044 Timber Creek Houston, TX 77017 Phone: 713-921-1368 Fax: 713-921-5109 Agent for service of process: Wayne Berkenmeier wayneb@mcdonaldinc.com END OF SECTION 4-2015 00500 - 7 of 7 Title VI Nondiscrimination Assurances APPENDIX A During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally -Assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sub -Recipient or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Sub -Recipient, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Sub -Recipient shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. I (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 1 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. Ii r I ' CITY OF PEARLAND STANDARD FORM OF AGREEMENT APPENDIX B House Bill 89 Verification Wayne Berkenmeier (Person name), the undersigned representative (hereafter referred to as "Representative") of C. F. McDonald Electric, Inc. (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: 1. 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. F' SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 1st day of September 20 2° Notary Public DIANA DOLLAR Notary Public State of Texas f1OFt``i. My Comm.Expi08s9i-10-2022 •���_ CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2020-685528 Date Filed: 11/03/2020 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. C. F. McDonald Electric, Inc. Houston, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City Of Pearland 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 0820-52 FA2006 PSB Back -Up Power Redundancy For Critical Facility 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Stephenson , Larry Houston, TX United States X Keller, Harry Houston , TX United States X Berkenmeier, Wayne Houston, TX United States X Dollar, Diane Houston, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION n'5— My name is ko,.. I' f(� eirikroynri-0/-, and my date of birth W is �( -7 0 . My address is ✓ 04-4 1 k `-1 rek_ \-Lit_c - v ' /" 7 %01-1 O (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. ( J Vi�i� c1U Executed in County, State of on the day o , 20 (month) (year) ture of authorized agent of contracting business entity (Declarant) Fnrmc nrnvider1 by Texas Ethics Cnmmissinn www.ethics.state.tx.us Version V1.1.3a6aaf7d ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/3/2020 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 —LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 'ORTANT: 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). CONTACT NAME: Ashley Enrique (AHCNNo. Ext): 817 349 2279 I FAX No): 817-347-6981 PRODUCER Higginbotham Insurance Agency, Inc. 11700 Katy Freeway, Suite 1100 Houston TX 77079 INSURED C.F. McDonald Electric, Inc. 5044 Timber Creek Dr. Houston TX 77017-5954 CFMCD E-MAIL ADDRESS: aenrique@higginbotham.net INSURER(S) AFFORDING COVERAGE INSURER A : United Fire & Casualty Co. INSURER B : Travelers Property Casualty Co of Am INSURER c : Texas Mutual Insurance Company INSURER D : Westchester Surplus Lines Ins Co INSURER E : Houston Casualty Company INSURER F : NAIC # 13021 25674 22945 10172 42374 COVERAGES CERTIFICATE NUMBER: 1511526307 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 85318281 4/1/2020 4/1/2021 EACH OCCURRENCE $ 1,000,000 DAMAGE RENTE PREMISESO(Ea occur ence) $ 1,000,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 X PD Ded-$500 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE X LIMIT APPLIES jECT PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS NON -OWNED AUTOS ONLY 85318281 4/1/2020 4/1/2021 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE ZUP12T6274220NF 4/1/2020 4/1/2021 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 $ DED X RETENT ON $ 1(l,nnn C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A 0001303563 4/1/2020 4/1/2021 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A D E L/R Equipment / Instal. Floater Pollution Liability Professional Liability 46308377 G27577313006 HCC2067376 4/1/2020 4/1/2020 4/1/2020 4/1/2021 4/1/2021 4/1/2021 *See Below *See Below *See Below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Coverages: Installation Floater Policy Number: 46308377: Policy Term: 4/01/2020-04/01/2021 Limit - $3,000,000 All Job Sites; $5,000 Deductible Leased/Rented Equipment Policy Number: 46308377: $200,000 Per Item Limit; $1,000 Deductible Pollution Liability Policy Number: G27577313006: $10,000,000 Each Pollution Condition; $5,000 Deductible Professional Liability Policy Number: HCC2067376: $1,000,000 Each Claim; $1,000,000 Total of All Claims; $15,000 Deductible Per Claim See Attached... CERTIFICATE HOLDER City of Pearland 3519 Liberty Drive Pearland TX 77581 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CFMCD LOC #: ACO ADDITIONAL REMARKS SCHEDULE Page 1 of 1 CY linbotham Insurance Agency, Inc. POLICY NUMBER CARRIER NAIC CODE NAMED INSURED C.F. McDonald Electric, Inc. 5044 Timber Creek Dr. Houston TX 77017-5954 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE• CERTIFICATE OF LIABILITY INSURANCE The General Liability policy includes a blanket additional insured endorsement that provides additional insured status to the certificate holder only when there is a written insured contract between the insured and certificate holder that requires such status. The General Liability policy includes a blanket waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and the certificate holder that requires it. The General Liability policy includes a primary and non-contributory provision only when there is a written contract between the insured and the certificate holder that requires such provision. The General Liability policy includes a blanket endorsement providing 30 days' notice of cancellation that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it, except 10 days of nonpayment of premium. The General Liability policy includes a blanket additional insured endorsement, which includes Completed Operations and Ongoing Operations, that provides additional insured status to the certificate holder only when there is a written insured contract between the insured and certificate holder that requires such status. The General Liability policy includes Contractual Liability. The Commercial Automobile policy includes a blanket additional insured endorsement that provides additional insured status to the certificate holder only when there is a written insured contract between the insured and certificate holder that requires such status. The Commercial Automobile policy includes a blanket waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and the certificate holder that requires it. ommercial Automobile policy includes a primary and non-contributory provision only when there is a written contract between the insured and the ;ate holder that requires such provision. The Commercial Automobile policy includes a blanket endorsement providing 30 days' notice of cancellation that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it, except 10 days of nonpayment of premium. The Umbrella Liability policy is follow form on the General Liability, Automobile Liability and Employers' Liability policies. The Workers Compensation policy includes a blanket waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and the certificate holder that requires it. The Workers Compensation policy includes a blanket endorsement providing 30 days' notice of cancellation that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it, except 10 days of nonpayment of premium The Workers Compensation policy includes a United States Longshore and Harbor Workers' Compensation Act Coverage Endorsement. The Workers Compensation policy includes a Texas Maritime Coverage Endorsement. The Contractors Pollution Liability policy includes a blanket additional insured endorsement that provides additional insured status to the certificate holder only when there is a written insured contract between the insured and certificate holder that requires such status. The Contractors Pollution Liability policy includes a blanket additional insured endorsement, which shall be primary and non-contributory only when there is a written contract between the insured and the certificate holder that requires such provision. The Contractors Pollution Liability policy includes a blanket additional insured endorsement, which includes Products -Completed Operations Hazard that provides additional insured status to the certificate holder only when there is a written insured contract between the insured and certificate holder that requires such status. The Contractors Pollution Liability policy includes a includes a blanket waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and the certificate holder that requires it. The Installation policy includes a blanket waiver of subrogation endorsement that provides this feature only when there is a written contract between the insured and the certificate holder that requires it. The Installation policy a blanket additional insured endorsement that provides additional insured status to the certificate holder only when there is a written insured contract between the insured and certificate holder that requires such status. 0820-52 FA 2006 roes Back-up Power Redundancy for critical facility Certificate holder extended to read: City of Pearland, its successors and assigns and the Engineer, any officers, employees of such persons or entities ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CITY OF PEARLAND PERFORMANCE BOND Bond No. TXC613174 Section 00610 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That C.F. McDonald Electric, Inc. of the City of Houston , County of Harris , and State of Texas, as principal, and Merchants Bonding Company (Mutual) 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 $ 394,469.00 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Princ al has entered into a certain written contract with the Owner, effective as of the 1% day of t L f , 20 (the "Contract") to commence and complete the construction of certain improvements described as follows: PSB Back -Up Power Redundancy for Critical Facility City of Pearland, Texas COP PN: FA2006 BID NO.: 0820-52 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract Work and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and Contract Documents, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 12/2007 00610 - 1 of 2 CITY OF PEARLAND PERFORMANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of OC J\ -c,Y- , 20 Principal: C.F. McDonald Electric By: Title: Wayne : enmeier, VP Special Projects Address: 5044 Timber Creek Houston, TX 77017 Surety: Merchants Bonding Company (Mutual) By: Title: Michael Maddux, Attorney -in -Fact Address: 6700 Westown Parkway West Des Moines, IA 50266 Telephone: 713-921-1368 Telephone: 800-678-8171 Fax: 713-921-5109 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 M.ERCHA -177 BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Chris Kolkhorst; Denise Raker; Henry D Childers; James R Reid; Michael Maddux; Ryan K Moss; Sandra Villegas; Stacie Clark STATE OF IOWA COUNTY OF DALLAS ss. On this 2nd day of September 2020 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 2nd day of September , 2020 Z10Nq .• . o.•+PELPO.4 `• gyp% ; •• 1iP0 q . MERCHANTS BONDING COMPANY (MUTUAL) •hy/ G� >''• I. • • t: �,� A' _,.. , MERCHANTS NATIONAL BONDING, INC. , v'•. 2003 • N. • y : • By d •: � : vd. ate:• ••.......•• President POLLY MASON Commission Number 750576 My Commission Expires January 07, 2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this ( ........ POA 0018 (1/20) 27th day of October , 2020 . Secretary 1%\ MERCHANTS BONDING COMPANY. MERCHANTS BONDING COMPANY (MUTUAL) • MERCHANTS NATIONAL BONDING, INC. P.O. Box 14498 • DES MOINES, IOWA 50306-3498 • (800) 678-8171 • (515) 243-3854 FAX Please send all notices of claim on this bond to: Merchants Bonding Company (Mutual) / Merchants National Bonding, Inc. P.O. Box 14498 Des Moines, Iowa 50306-3498 (515) 243-8171 (800) 678-8171 Physical Address: 6700 Westown Parkway, West Des Moines, Iowa 50266 SUP 0073 TX (2/15) MERCHANTS BONDING COMPANY, MERCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498, DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company (Mutual) toll -free telephone number for information or to make a complaint at: 1-800-678-8171 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 at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.qov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (2/15) CITY OF PEARLAIVD PAYMENT BOND Bond No. TXC613174 Section 00611 PAYMENT BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That C.F. McDonald Electric, Inc. of the City of Houston , County of Harris , and State of Texas, as principal, and Merchants Bonding Company (Mutual) 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 $ 394,469.00 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Princi al- has entered into a certain written contract with the Owner, effective as of the 1'D day of UCH Cr , 20', (the "Contract") to commence and complete the construction of certain improvements described as follows: PSB Back -Up Power Redundancy for Critical Facility City of Pearland, Texas COP PN: FA2006 BID NO.: 0820-52 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 I S SUCH, that if the said Principal shall pay all claimants supplying labor or material to him or a subcontractor in the prosecution of the Work provided for in said Contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 07/2006 00611 - 1 of 2 CITY OF PEARLAND PAYMENT BOND IN WITNESS WHEREOF the�� said Principal and Surety have signed and sealed this instrument this 1� day of O , 20 Principal: Surety: C.F. McDonald Elecnc. Merchants Bonding Company (Mutua) By: By: Title: Wa ;3'erkenmeier VP S•ecial Proects Title: Michael Maddux, Attomey-in-Fact Address: 5044 Timber Creek Address: 6700 Westown Parkway Houston, TX 77017 West Des Moines, IA 50266 Telephone: 713-921-1368 Telephone: 800-678-8171 Fax: 713-921-5109 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 MERCHA -17 BONDING COMPANY., POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Chris Kolkhorst; Denise Raker; Henry D Childers; James R Reid; Michael Maddux; Ryan K Moss; Sandra Villegas; Stacie Clark their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 2nd day of September , 2020 . P310NA .•• D\NG C0'••• $ • EKP O�. -0 %: • •o? Q1 P 0•,9' •'°' : ti�: G� 4>'•'• 2 % • 0: �,� '�� ;y,�; MERCHANTS NATIONAL BONDING, INC. 2:2 -0_ v•,0' :�:_ cm. v' 2003 :) : y 1933 c c: By %�`%' •;3l�•.• •• ••,,� .. \od•� President STATE OF IOWA COUNTY OF DALLAS ss. On this 2nd day of September 2020 , before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. MERCHANTS BONDING COMPANY (MUTUAL) POLLY MASON Commission Number 750576 My Commission Expires /oval' January 07, 2023 Po-tt,^ Vh-A60- Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 27th day of October , 2020 . • • h q • • 0 ' o y• . .�v S�J , 2003 : t : = / ` 1933 c. Secretary -. a.iZ • • • : � • dam:• %,0k,••.......;;4.- •.%.. i... •6.t.' POA 0018 (1/20) "' MERCHAN11%\ BONDING COMPANY, MERCHANTS BONDING COMPANY (MUTUAL) • MERCHANTS NATIONAL BONDING, INC. P.O. BoX 14498 • DES MOINES, IOWA 50306-3498 • (800) 678-8171 • (515) 243-3854 FAX Please send all notices of claim on this bond to: Merchants Bonding Company (Mutual) / Merchants National Bonding, Inc. P.O. Box 14498 Des Moines, Iowa 50306-3498 (515) 243-8171 (800) 678-8171 Physical Address: 6700 Westown Parkway, West Des Moines, Iowa 50266 SUP 0073 TX (2/15) MERCHANTS BONDING COMPANY. MERCHANTS BONDING COMPANY (MUTUAL) P.O. Box 14498, DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company (Mutual) toll -free telephone number for information or to make a complaint at: 1-800-678-8171 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 at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (2/15) CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND Bond No. TXC613174 Section 00612 ONE-YEAR MAINTENANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That C.F. McDonald Electric, Inc. of the City of Houston , County of Hams , and State of Texas, as principal, and Merchants Bonding Company (Mutual) 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 $ 394,469.00 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the �) day of 000X , 20 ' (the "Contract") to commence and complete the construction of certain improvements described as follows: PSB Back -Up Power Redundancy for Critical Facility City of Pearland, Texas COP PN: FA2006 BID NO.: 0820-52 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 WITNESS WHAITOF, the said Principal and Surety have signed and sealed this instrument this 1') day of C Olg- r , 20) Principal: Surety: C.F. McDonald El nc. Merchants Bonding Company (Mutual) By: By: Title: Wa Arkenmeier VP S•ecial Pro.ects Title: Michael Maddux, Attorney -in -Fact Address: Address: 5044 Timber Creek 6700 Westown Parkway Houston, TX 77017 West Des Moines, IA 50266 Telephone: 713-921-1368 Telephone: 800-678-8171 Fax: 713-921-5109 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 MERCHANTS BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Chris Kolkhorst; Denise Raker; Henry D Childers; James R Reid; Michael Maddux; Ryan K Moss; Sandra Villegas; Stacie Clark their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of MerchantsNational Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenti ng to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this ••.• •1 O N c.% ..O'r .p : 2 2 -o- Av 0% 2003• • : • �• • STATE OF IOWA COUNTY OF DALLAS ss. On this 2nd day of September 2020 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. • NG CO • .O,�A. ' -0RPOq,.q. .O .Z; :3. • a 1933 ; c; By '•y`'% dam:• • 2nd day of September , 2020 . MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. President POLLY MASON Commission Number 750576 My Commission Expires January 07, 2023 Po-tta 01\ Notary Public (Expiration of rotary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and POA 0018 (1/20) affixed the seal of the Companies on this 27th day of October , 2020 . • •00DAPq % • • • Z: : 3• :a•• 1933 ; c• . • 1.• Secretary MERCHAtsj\ BONDING COMPANY. MERCHANTS BONDING COMPANY (MUTUAL) • MERCHANTS NATIONAL BONDING, INC. P.O. Box 14498 • DES MOINES, IOWA 50306-3498 • (800) 678-8171 • (515) 243-3854 FAX Please send all notices of claim on this bond to: Merchants Bonding Company (Mutual) / Merchants National Bonding, Inc. P.O. Box 14498 Des Moines, Iowa 50306-3498 (515) 243-8171 (800) 678-8171 Physical Address: 6700 Westown Parkway, West Des Moines, Iowa 50266 SUP 0073 TX (2/15) MERCHANTS BONDING COMPANY. MERCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498, DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company (Mutual) toll -free telephone number for information or to make a complaint at: 1-800-678-8171 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 at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.Qov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (2/15) CITYOFPEARLAND PARTIAL WAIVER OF LIEN Section 00615 PARTIAL WAIVER OF LIEN AND PAYMENT AFFIDAVIT The undersigned contracted with City of Pearland to furnish connection with certain improvements to real property located in the City of Pearland, TX and owned by the City of Pearland which improvements are described as follows: in In consideration of Pay Estimate No. in the amount of $ the undersigned, on oath, states that all persons and firms who supplied labor and materials to the undersigned in connection with said Project will be fully paid within 30 days of the date of this document by the undersigned for such work through In consideration of the payment herewith made, the undersigned does fully and finally release and hold harmless the City of Pearland and its surety, if any, through the above date from any and all claims, liens, or right to claim or lien, arising out of this Project under any applicable bond, law or statue. It is understood that this affidavit is submitted to induce payment of the above sum and for use by the City of Pearland in assuring the Owner and others that all liens and claims relating to the said Project furnished by the undersigned are paid. State of County of Subscribed and sworn to, before me, this My Commission Expires: Signature Printed Name & Title Company Name day of ,20 Notary Public 5-12-12 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT 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 CITYOFPEARLAND GENERAL CONDITIONS OF AGREEMENT 2.04 Changes and Alterations 2.05 Damages 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 6 3.01 Owner -Engineer Relationship 3.02 Keeping of Plans and Specifications Accessible 3.03 Preliminary Approval 3.04 Inspection by Engineer 3.05 Determination of Questions and Disputes 3.06 Recommendation of Payment 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 8 4.01 Independent Contractor 4.02 Contractor's Understanding 4.03 Laws and Ordinances 4.04 Assignment and Subletting 4.05 Performance and Payment Bonds [and Maintenance Bond] 4.06 Insurance 4.07 Permits and Fees 4.08 Texas State Sales Tax 4.09 Contractor's Duty and Superintendence 4.10 Character of Workers 4.11 Labor, Equipment, Materials, Construction Plant and Buildings 4.12 Sanitation 4.13 Cleaning and Maintenance 4.14 Performance of Work 4.15 Right of Owner to Accelerate the Work 10-2012 00700 - ii CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.16 Layout of Work 4.17 Shop Drawings 4.18 Engineer -Contractor Relationship; Observations 4.19 Observation and Testing 4.20 Defects and Their Remedies 4.21 Liability for Proper Performance 4.22 Protection Against Accident To Employees and the Public 4.23 Protection of Adjoining Property 4.24 Protection against Claims of Subcontractors, Laborers, Materialmen, and Furnishers of Equipment, Machinery and Supplies 4.25 Protection Against Royalties or Patented Invention 4.26 Indemnification 4.27 Losses From Natural Causes 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 10-2012 00700 - iii 18 21 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 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 8.01 Default by Contractor 8.02 Supplementation of Contractor Forces 8.03 Cumulative Remedies & Specific Performance 8.04 Cross -Default 30 10-2012 00700 - iv CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8.05 Insolvency 8.06 Contingent Assignment 8.07 Waiver of Consequential Damages 8.08 Termination for Convenience 8.09 Default by Owner 9.0 DISPUTE RESOLUTION 35 ATTACHMENT NO. 1: WORKERS' COMPENSATION INSURANCE COVERAGE Al ATTACHMENT NO. 2: AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE B 1 ATTACHMENT NO. 3: OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR Cl 10-2012 00700 - v CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 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 CITYOFPEARLAND GENERAL CONDITIONS OF AGREEMENT (9) Exhibits: The following Exhibits, if any, attached hereto, are incorporated herein, and are a part of this Contract: In the event a conflict or inconsistency remains between or within the Contract Documents, or the Contract Documents and applicable standards, codes and ordinances, CONTRACTOR shall provide the greater quantity or better quality, or CONTRACTOR shall comply with the more stringent requirements, as determined by ENGINEER. Terms or phrases used in the Contract Documents with a well-known technical or construction industry meaning shall have such recognized meanings. References to standards, specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, shall mean the latest in effect on the effective date of the Contract, unless otherwise stated in the Contract Documents. 1 .03 SUBCONTRACTOR. The term "subcontractor", as employed herein, includes those entities having a contract with the CONTRACTOR or a subcontractor for performance of work on the Project. OWNER shall have no responsibility to any subcontractor for performance of work on the Project contemplated by these Contract Documents, and any such subcontractor shall look exclusively to CONTRACTOR for any payments due subcontractor. 1.04 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person or by electronic means through the Pro-Trak to the individual or to a partner of the partnership or joint venture, or to an officer of the corporation or company for whom it is intended, or if delivered at or sent by Certified Mail, Return Receipt Requested, to the last known business address or registered office of such individual, partnership, joint venture or corporation or company, or to the address for giving notices listed in the Standard Form of Agreement. 1.05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and all other facilities or services of any nature whatsoever necessary for the execution and completion of the Work described in the Standard Form of Agreement. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The CONTRACTOR shall, if required by the ENGINEER as representative of the OWNER, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well-known, technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials shall be furnished in strict conformity with the Contract Documents. 1.06 EXTRA WORK. The term "Extra Work", as used in this Contract, shall be understood to mean and include all work that may be required by the ENGINEER as representative of the OWNER, to be performed by the CONTRACTOR to accomplish any change, alteration or addition to the work shown in the plans. Extra work shall be authorized in writing by the ENGINEER prior to commencement. Extra Work items are paid for on an as needed, as authorized basis only. 1.07 WORK DAY: As used herein, a "Work Day" is defined as any Monday through Friday, not a legal holiday, and any Saturday or Sunday specifically approved by the OWNER, in which the CONTRACTOR can perform six or more hours of work per the current construction schedule. CONTRACTOR agrees to request specific approval from the Construction Manager or 10-2012 00700 - 2 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Owner, in advance, to perform work on Saturdays or Sundays and in so doing agrees to pay all charges and costs for Inspection and or Construction Management services required during the performance of any such approved work. Refer to paragraph 7.05 for procedure to determine cost for Construction Management and Inspection Services for work on non -work days. 1.07-1 RAIN DAY: As used herein, is defined as any WORK DAY during which weather related conditions prevent the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items as identified in the current construction schedule. CONTRACTOR shall record Rain Days on the Pay Application each month for the review and possible approval by the OWNER. The approved Rain Day is then added to the Contract Time. (See 1.12 Contract Time below) 1.07-2 IMPACT DAY: As used herein, is a day that is added to the CONTRACT TIME by the OWNER by Change Order to extend the Contract Time by one full Work Day. (See 1.12 Contract Time below) Impact Days, once approved by the OWNER, shall extend the Contract Time on a one-to-one basis to replace a Work Day lost to conditions that prevented the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items. Impact Days are added to the Contract Time by Change Order only at the end of the work and then only if, in the opinion of the OWNER, a time extension is warranted due to delays beyond the control of the Contractor and required to complete the work within the Contract Time. 1.08 CALENDAR DAY. A "calendar day" is any day of the week, month or year no days being excepted. Unless otherwise expressly provided, all references to "day(s)" shall mean calendar day(s). 1 .09 SUBSTANTIALLY COMPLETED: The terms "Substantially Completed", or "Substantially Complete" or "Substantial Completion" as used in this Contract, shall mean that all major process components of the facility or work have been made suitable for use or occupancy, including appropriate documentation from the equipment suppliers that all of the individual components have been installed in accordance with the specifications and manufacturer's recommendations, the installations have been approved by the ENGINEER and the items have met the start-up and testing requirements of the contract documents or is deemed to be in a condition to serve its intended purpose or requires only minor miscellaneous work and adjustment to achieve Final Completion and Acceptance as determined by the ENGINEER. Upon compliance with the above referenced criteria, ENGINEER shall issue a Certificate of Substantial Completion. PARTIAL SUBSTANTIAL COMPLETION: designation will be given on components of the Work that must be placed into service prior to the completion of the entire Work. The contractor's One Year Warranty period for these items shall begin on the date of Partial Substantial Completion as designated by the ENGINEER. The ENGINEER shall determine and make all such designations. 1.10 INTERPRETATION OF WORDS AND PHRASES. Whenever the words "directed", "permitted", "designated", "required", "ordered", "considered necessary", "prescribed" or words of like import are used, it shall be understood that the direction, requirement, permission, order, opinion designation or prescription of the ENGINEER as the OWNER's representative is intended. Similarly, the words "approved", "acceptable", "satisfactory" or words of like import shall mean that no exception is taken by ENGINEER, but does not relieve CONTRACTOR of responsibility for compliance with the Contract Documents. 10-2012 00700 - 3 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Whenever in the Specifications or Plans of the Contract Documents, the terms of description of various qualities relative to finish, workmanship or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the ENGINEER as the OWNER's representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms or clauses defining the character of the work. 1.11 REFERENCED STANDARDS. No provision of any referenced standard specification, or manual shall be effective to change the duties and responsibilities of the Owner, Engineer, Contractor, or their consultants, employees, or representatives from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer or its consultants, employees, or representatives any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibilities contrary to provisions of the Contract Documents. 1.12 CONTRACT TIME The term Contract Time as used herein, refers to the number of Calendar days provided to complete the work or the date, stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with Paragraph 6.09 and as modified as a result of any authorized Extensions. The established Contract Time includes 40 Rain Days per year, based on the average number of rain days per year for the period of June 1898 to December 1996 as recorded by the Alvin Weather Center Record. The Contract Time shall only be extended by (a) the addition of Rain Days equal to the number of actual Rain Days in excess of 40 days per year and (b) the number of Impact Days granted for delays, in the opinion of the Owner, beyond the control of the Contractor. The extension of the Contract Time shall be the CONTRACTOR's sole and exclusive remedy for delays. 1.13 CONSTRUCTION INSPECTOR The term "Construction Inspector" here in includes those professionals engaged by the OWNER to ensure CONTRACT work's compliance with the specifications and any applicable statutory requirements. 1.14 BALANCING CHANGE ORDER is a change order executed during the close-out process that may add/remove pay items, or adjust quantities of existing items or remove unused pay items or quantities Balancing Change Orders are used to reconcile the unit cost of the work performed or installed by the Contractor. 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 2.01 NO WARRANTY OF DESIGN. It is understood that the OWNER MAKES NO WARRANTY OF THE ADEQUACY, ACCURACY OR SUFFICIENCY OF THE PLANS AND SPECIFICATIONS OR ANY OTHER DESIGN DOCUMENTS, AND OWNER HEREBY EXPRESSLY DISCLAIMS ANY SUCH WARRANTY, EXPRESSED OR IMPLIED. Prior to commencing each portion of the Work, CONTRACTOR shall carefully study and compare the relevant Contract Documents, shall observe conditions at the site affecting the Work, and shall take field measurements of existing conditions related to the Work. Any errors, omissions or 10-2012 00700 - 4 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT inconsistencies in the Contract Documents noted by the CONTRACTOR, and/or any variance between the Contract Documents and applicable codes, standards or ordinances, shall be promptly reported by CONTRACTOR to ENGINEER in writing as a Request for Information. Work performed prior to a Request for Information shall be at the Contractor's risk. If CONTRACTOR fails to perform its obligations under this paragraph, CONTRACTOR shall pay such costs and damages to OWNER as would have been avoided if CONTRACTOR had reported any errors, omissions, inconsistencies or variances in the Contract Documents noted by CONTRACTOR or which should have been noted by a careful study of the Contract Documents. CONTRACTOR shall comply with the Contract Documents, all approved modifications thereof and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the requirements of the Contract Documents and approved modifications thereof and all approved additions and alterations, thereto, as the same shall have been interpreted by the ENGINEER. 2.02 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on which the work herein contracted for is to be performed, constructed or installed, for itself or such agent or agents as it may select, for the purpose of inspecting the work, or for the purpose of performing, constructing or installing such collateral work as the OWNER may desire. The OWNER shall have the right to make inspections at all reasonable times, and the CONTRACTOR hereby waives any claims for extension of time and/or compensation for any loss or damage if his work shall be delayed by reason of such inspection, performance, construction or installation of collateral work. 2.03 OWNERSHIP OF PLANS. All plans, specifications and copies thereof furnished by the OWNER shall not be reused on other work and, with the exception of the sets forming the part of the signed Contract Documents, are to be returned to the OWNER on request at the completion of the Work. All plans and models are the property of the OWNER. 2.04 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the Owner may make such changes and alterations, additions and deletions as the OWNER may see fit, in the Work, including but not limited to changes in line, grade, form, dimensions, plans or specifications for the Work herein contemplated, or any part thereof, either before or after the beginning of construction, without affecting the validity of this Contract and the corresponding Performance and Payment Bonds. If such changes or alterations or deletions diminish the quantity or the value of the Work to be done, they shall not constitute the basis for a claim for compensation or damages, including lost or anticipated profits on the Work that may be affected. If the amount of Work is increased and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this Contract, otherwise, such additional work shall be paid for as provided under Article 7 hereof for Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any Work already done or material already furnished or used in said Work, then the OWNER shall compensate the CONTRACTOR for any material or labor so used and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the Work as originally planned. 2.05 DAMAGES. In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake or default of the CONTRACTOR, or should the 10-2012 00700 - 5 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 3.01 OWNER -ENGINEER RELATIONSHIP. The ENGINEER shall serve as the OWNER'S representative during construction. The duties, responsibilities and limitations on the authority of the ENGINEER as the OWNER's representative during construction are set forth in the Contract Documents; and the ENGINEER shall not have authority to extend the OWNER's liability or to bind the OWNER for any additional liability of any nature whatsoever without the written consent of the OWNER. Any communications by the OWNER to the CONTRACTOR regarding the Work shall be issued through the ENGINEER. It is the intent of this Agreement that there shall be no delay in the execution of the Work; therefore, written decisions or directions rendered by the ENGINEER as the OWNER's representative shall be promptly carried out, and any claim arising therefrom shall be resolved as provided in Article 7. Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the OWNER'S representative shall have the authority to issue written stop work orders whenever such stoppage may be necessary to insure the performance of the Work in accordance with the Contract Documents. 3.02 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with four (4) copies of all Plans and Specifications without expense to the CONTRACTOR, and the CONTRACTOR shall keep one full size copy of the same constantly accessible on the job site, with the latest revisions noted thereon. The CONTRACTOR shall be responsible for preserving the Plans and Specifications, timely and accurately updated, for reference and review by the OWNER or the ENGINEER and submittal of redlines during closeout. 3.03 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the obligations imposed under this Contract for the furnishing by the CONTRACTOR of new material of good quality, and for good and workmanlike performance of the Work as herein described, and in full accordance with the Contract Documents, without alteration, deletion or change. No failure or omission of the OWNER'S representative to discover, object to or condemn any non -conforming or defective work or material, or to stop work, shall release the CONTRACTOR from the obligation to fully and properly perform the Contract, including without limitation, the obligation to at once remove and properly replace any defective work or material at any time prior to final acceptance, upon discovery of such non -conforming or defective work or material. Any questioned Work may be ordered taken up or removed for inspection by the ENGINEER prior to final acceptance, and if found not to be in accordance with the Contract Documents, all expense of removing, inspection and repair or replacement shall be borne by the CONTRACTOR; otherwise the expense thus incurred shall be allowed as Extra Work and shall be paid for by the OWNER, provided that where inspection or approval is specifically required by the Specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior inspection or approval, he shall bear all expense of taking up, removing and replacing this work if so directed by the ENGINEER. 10-2012 00700 - 6 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3.04 INSPECTION BY ENGINEER. The ENGINEER will make periodic visits to the site to observe the progress and quality of the executed Work and to determine if such Work generally meets the essential performance and design features and the technical, functional /or engineering requirements of the Contract Documents, and is in all other respects being performed in compliance with the Contract Documents. However, the ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on -site inspections to check the quality and/or quantity of the work, nor shall the ENGINEER be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident to the Work being performed or any part thereof. The ENGINEER shall use reasonable care to prevent deviation from the intent and substance of the Contract Documents by the CONTRACTOR in the performance of the Work and any part thereof and, on the basis of such on -site observations, will keep the OWNER informed of the progress of the work and will endeavor to guard the OWNER against defects and deficiencies in the Work of the CONTRACTOR. Notwithstanding any other provision of this Agreement or any other Contract Document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractors, agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the Work. 3.05 DETERMINATION OF QUESTIONS AND DISPUTES. In order to prevent delays and disputes and to discourage litigation, it is agreed that the ENGINEER shall, in all cases, determine the quantities and qualities of the several kinds of Work, which are to be paid for under this Contract. The ENGINEER shall address all questions in relation to said Work and the construction thereof, as well as all claims, disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the Work or the interpretation of the Contract Documents. In the event the ENGINEER shall become aware of or shall receive information that there is a dispute or a possible dispute as to the reasonable interpretation of the terms and conditions of the Contract Documents, or any other dispute or question, the ENGINEER shall, within a reasonable time, provide a written interpretation of the Contract Documents or a written decision on all questions arising relative to the execution of the Work, copies of which shall be delivered to all parties to the Contract. If the CONTRACTOR or OWNER desires to take exception to any directions, order, interpretation or instructions of the ENGINEER, CONTRACTOR or OWNER shall present any such claim to the ENGINEER in accordance with the provisions of Section 7.04. 3.06 RECOMMENDATION OF PAYMENT. The ENGINEER shall review the CONTRACTOR's application for payment and supporting documents, shall determine the amount owed to the CONTRACTOR and shall provide written recommendation to the OWNER for payment to the CONTRACTOR in such amount. Such recommendation of payment to CONTRACTOR shall constitute a representation to the OWNER of the ENGINEER's judgment that the work has progressed to the point indicated, to the best of his knowledge, information and belief; however, such recommendation of an application for payment to CONTRACTOR shall not be deemed an acceptance of any defective or non -conforming Work. Any recommendation of payment by the ENGINEER shall be subject to OWNER's rights to withhold payment under Section 6.11 and as otherwise provided in the Contract. 10-2012 00700 - 7 of 36 CITYOFPEARLAND GENERAL CONDITIONS OF AGREEMENT 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4.01 INDEPENDENT CONTRACTOR. CONTRACTOR is, and shall remain, an independent contractor, solely responsible for the manner and method of completing the Work under this Contract, with full and exclusive power and authority to direct, supervise and control his own employees and to determine the means, method and manner of performing such Work, so long as such methods comply with the requirements of the Contract Documents, and do not adversely affect the completed improvements or any other property abutting or adjoining the Work area, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Plans, Specifications and Contract Documents. The fact that the OWNER or ENGINEER as the Owner's representative shall have the right to observe CONTRACTOR's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the OWNER and the ENGINEER hereunder, is not intended to and shall not at any time change or affect the status of the CONTRACTOR as an independent contractor with respect to either the OWNER or the ENGINEER as the OWNER's representative or to the CONTRACTOR's own employees or to any other person, firm or corporation. 4.02 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the Work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, the general and local conditions, including but not limited to weather, access, lay down and storage areas, and all other matters which in any way affect the Work under this Contract. It is further understood that the CONTRACTOR has satisfied himself as to the terms, meaning, intent and requirements of all of the Contract Documents, and applicable laws, codes, regulations and ordinances. CONTRACTOR hereby warrants and represents that it has taken into consideration all of the foregoing factors, and CONTRACTOR shall perform the Work for the Contract Price and within the Contract Time. No verbal agreement or conversation with any officer, agent or employee of the OWNER or the ENGINEER, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 4.03 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with all federal, state or local laws, codes, ordinances, permits and regulations, regardless of whether the same are adopted before or after the execution of this Contract, which in any manner affect the Contract or the work, and shall indemnify, save and hold harmless the OWNER and the ENGINEER against any claim arising out of the violation of any such laws, ordinances and regulations, whether by the CONTRACTOR or his agents, employees, subcontractors or vendors. If the CONTRACTOR observes that the Plans and Specifications are at variance with federal or state laws or codes or the ordinances or regulations of the City, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be made as provided in the Contract for changes in the work. If the CONTRACTOR performs any work knowing it to be contrary to such laws, codes, ordinances, rules or regulations, or if CONTRACTOR reasonably should have known of any such violation, and without such notice to the ENGINEER, CONTRACTOR shall bear all costs arising therefrom. The OWNER is a Political Subdivision of the State of Texas, and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the OWNER may enter into contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein. Neither the act 10-2012 00700 - 8 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT of OWNER entering into this Contract, nor OWNER's performance hereunder, shall constitute a waiver of any immunity from suit enjoyed by OWNER under applicable law, all such rights and defenses being hereby expressly reserved, notwithstanding any term or provision herein to the contrary. The Code of Ordinances and other applicable regulations of the OWNER shall be deemed to be embodied in this Contract. The prevailing wage rates applicable to this Project shall be either Document 00811 — Wage Scale for Engineering Construction, or Document 00813 — Wage Scale for Building Construction, or both, as set out in the Project Manual. 4.04 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this Contract and that he will not assign, by power of attorney or otherwise, or sublet said Contract, or any rights, duties or obligations arising thereunder, in whole or in part, without the prior written consent of the OWNER, and that no part or feature of the Work will be sublet to anyone objectionable to the ENGINEER or the OWNER. In addition, the OWNER reserves the right to disapprove the subletting of this Contract or any portion hereof on any basis whatsoever. The CONTRACTOR further agrees that the subletting of any portion or feature of the Work or materials required in the performance of this Contract shall not relieve the CONTRACTOR from his obligations to the OWNER, as provided for by this Agreement. 4.05 PERFORMANCE, PAYMENT AND MAINTENANCE BONDS. In the event the Contract Price shall be in excess of $25,000.00, the CONTRACTOR shall execute separate Performance, Payment and Maintenance Bonds, each in the sum of one hundred percent (100%) of the Contract Price, and each in accordance with the provisions of Chapter 2253 of the Texas Government Code. If the Contract Price does not exceed $25,000.00, the statutory bonds will not be required. All required Bonds shall be payable to OWNER and on forms approved by the OWNER, and shall be executed by a corporate surety in accordance with Article 7.19-1 of the Texas Insurance Code. It is agreed that the Contract shall not be in effect until such original Performance, Payment and Maintenance Bonds are delivered to and approved by the OWNER. The cost of the premium for the Performance, Payment and Maintenance Bonds, should Maintenance Bonds be required, shall be included in the CONTRACTOR's Bid Proposal. All bonds shall be issued by Texas Department of Insurance approved surety companies. 4.06 INSURANCE. The CONTRACTOR, at his own expense, shall procure, maintain and keep in force throughout the duration of the Work, and throughout the Guarantee Period, insurance as specified in Attachment No. 1 hereto with regard to Workers' Compensation Insurance, and as specified in Attachment No. 3 hereto with regard to all other Insurance. Such insurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection with this Contract, whether performed by the CONTRACTOR or a subcontractor, or others for whom CONTRACTOR is responsible. 4.07 PERMITS AND FEES. Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for all permits, licenses, and inspections necessary for proper execution and completion of the Work, and which are legally required at the time bids are received. Permits required by the City of Pearland will be issued as a NO FEE permit. 4.08 TEXAS STATE SALES TAX. Materials incorporated into this project are exempt from State Sales according to provisions of the Texas Tax Code, Chapter 151, Subsection H. 10-2012 00700 - 9 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT The Contractor must obtain a limited sales, excise and use tax permit or exemption certificate which shall enable him to buy the materials to be incorporated into the Work without paying tax at due time of purchase. 4.09 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this Contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the ENGINEER as the OWNER'S representative. The superintendent shall represent the CONTRACTOR in his absence and shall act as the agent of the CONTRACTOR, and all directions given to him shall be binding as if given to the CONTRACTOR. Adequate supervision by competent and reasonable representatives of the CONTRACTOR is essential to the proper performance of the Work, and lack of such supervision shall be an act of default, and grounds for suspending operations of the CONTRACTOR. The Superintendent cannot be removed from the project without the consent of the Owner; the Superintendent must speak and understand the English language; the Superintendent must be on site when any work on the project is being done, even when a subcontractor is performing the work. The Work, from its commencement to completion, shall be under the exclusive charge and control of the CONTRACTOR, and all risk in connection therewith shall be borne by the CONTRACTOR. Neither the OWNER nor the ENGINEER as the OWNER's representative will be responsible for the acts or omissions of the CONTRACTOR, its subcontractors or any of its agents or employees, or any other persons performing any of the Work. 4.10 CHARACTER OF WORKERS. The CONTRACTOR agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this Contract, to do the Work, and agrees that whenever the ENGINEER shall inform him in writing that any worker or workers on the Work are, in his opinion, incompetent, unfaithful or disorderly, or in the ENGINEER's opinion, are not using their best efforts for the progress of the Work, such worker or workers shall be discharged from the Work and shall not again be employed on the Work without the ENGINEER's written consent. OWNER reserves the right to bar any person, subcontractor, or supplier found to be incompetent, unfaithful, disorderly, or not using their best efforts to progress work or considered to be a threat to the health, safety and welfare to the project or workforce. 4.11 LABOR, EQUIPMENT, MATERIALS, CONSTRUCTION PLANT, AND BUILDINGS. The CONTRACTOR shall provide all labor, services, tools, equipment, machinery, supplies, facilities, utilities and materials necessary in the prosecution and completion of this Contract where it is not otherwise specifically provided that the OWNER shall furnish same; and further, the CONTRACTOR shall be responsible for the care, preservation, conservation and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction and any and all parts of the Work, whether the CONTRACTOR has been paid, partially paid or not paid for such Work, until the entire Work is completed and accepted. The building or placement of structures for housing workers or offices, or the erection of tents or other forms of protection, will be permitted only with the ENGINEER's written permission, and at 10-2012 00700 - 10 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. Any structures of any nature constructed, placed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection, placement or construction thereof; and the CONTRACTOR agrees to indemnify and hold the ENGINEER or OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, placement, construction or maintenance of CONTRACTOR' s buildings or structures. 4.12 SANITATION. Necessary sanitary conveniences for the use of laborers and others on the Work site, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. Any structures of any nature constructed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection or construction thereof, and the CONTRACTOR agrees to indemnify and hold the ENGINEER and OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, construction or maintenance of CONTRACTOR's buildings. 4.13 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep and maintain the premises free from accumulation of debris, trash and waste. The CONTRACTOR shall remove waste, debris and trash at the end of each work day. CONTRACTOR shall remove all such debris, trash and waste, tools, scaffolding and surplus materials, and shall leave the Work broom -clean or its equivalent, upon completion of the Work. The Work shall be left in good order and condition. In case of dispute, the OWNER may remove the debris, trash, waste and surplus materials, and charge the cost to the CONTRACTOR. 4.14 PERFORMANCE OF WORK. It is further agreed that it is the intent of this Contract that all Work must be done and all material must be furnished in accordance with the generally accepted practice for such materials furnished or work completed, unless otherwise provided in the Contract Documents. 4.15 RIGHT OF OWNER TO ACCELERATE THE WORK. If at any time the methods or equipment used by the CONTRACTOR, or the work force supplied are found to be inadequate to achieve the progress required to Substantially Complete the Work within the Contract Time, the OWNER or the ENGINEER as the OWNER's representative, may order the CONTRACTOR in writing to supplement its forces and/or equipment, or work shifts or overtime, or otherwise improve its efficiency and rate of progress to achieve Substantial Completion of the Work within the Contract Time, and the CONTRACTOR shall comply with such order, at its own cost and expense. 4.16 LAYOUT OF WORK. Except as specifically provided herein, the CONTRACTOR shall be responsible for laying out work by means of construction surveying performed from the "Control" documents provided in the plans and shall accomplish this work in a manner acceptable to the ENGINEER and in conformance with the Contract Documents. Construction Surveying shall be performed by qualified personnel under the direction of the Contractor. Contractor shall be responsible for the accuracy and correctness of this work. In the event that the Work consists of significant alteration of the topographic features of natural grade, Contractor shall perform enough topographic survey to substantiate existing pre -construction 10-2012 00700 - 11 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT elevations. No claim shall be made for additional excavation or grade adjustment in excess of quantities contained in the contract documents without demonstrable evidence that such conditions existed prior to start of the Work. See section 7.01 Differing Site Conditions. 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, single electronic copies of submittals uploaded to the ProTrak system, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades. Contractor will check and approve shop drawings for compliance with requirements of Contract Documents and will so certify by stamp on each drawing prior to submittal to ENGINEER. Any drawings submitted without Contractor's stamp of approval will not be considered and will be returned to him for proper submission. The ENGINEER shall pass upon them with reasonable promptness, indicating desired corrections. The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two (2) corrected copies and furnish such other copies as may be needed. The ENGINEER's approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from the Contract Documents, unless he has, in writing, called the ENGINEER's attention to such deviations at the time of the submission, and the ENGINEER has acknowledged and accepted such deviations in writing, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required Contract Work in accordance with the Contract Documents, and within the Contract Time. Such review by the ENGINEER shall be for the sole purpose of determining the apparent sufficiency of said drawings or schedules to result in finished improvements in conformity with the Contract Documents, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR's performance hereunder, and any action taken by the ENGINEER shall not relieve the CONTRACTOR of his responsibility and liability to comply with the Contract Documents. OWNER, CONSTRUCTION MANAGER, ENGINEER, and CONTRACTOR shall make all submittals, review comments, notes, corrections, schedules and updates, testing results, payment applications, instructions and other communications by means of the OWNER'S Pro-Trak project management software. The OWNER, ENGINEER and CONTRACTOR shall each retain such hard copies from 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 10-2012 00700 - 12 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT hereby authorized to appoint such subordinate engineers, representatives or observers as the said ENGINEER may from time to time deem proper to observe the materials furnished and the Work done under this Agreement. The CONTRACTOR shall furnish all reasonable aid and assistance required by the subordinate engineers, representatives or observers for the proper observation and examination of the work. The CONTRACTOR shall regard and obey the directions and instructions of any subordinate engineers, representatives or observers so appointed, when such directions and instructions are consistent with the obligations of this Agreement and the Contract Documents, provided, however, should the CONTRACTOR object to any orders by any 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. 10-2012 00700 - 13 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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. 4.21 LIABILITY FOR PROPER PERFORMANCE. Engineering construction drawings and specifications, as well as any additional instructions and information concerning the Work to be performed, passing from or through the ENGINEER, shall not be interpreted as requiring or allowing the CONTRACTOR to deviate from the Contract Documents, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to Work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable and contractually bound, at his own expense, for design, construction, installation and use or non-use of all items and methods incident to the performance of the Contract, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, similar items or devices used by him during construction, and work performed either directly or incident to construction, and for all loss, damage or injury incident thereto, either to person or property, whether such damage be suffered by the ENGINEER, the OWNER or any other person not a party to this Contract. Any review of Work in progress or any visit or observation during construction, or any clarification of Contract Documents by the ENGINEER or OWNER, or any agent, employee or representative of either of them, whether through personal observation on the Project site or by means of approval of shop drawings for construction or construction processes, or by other means or methods, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of Work completed or being performed, as measured against the Contract Documents, or for the purpose of enabling the CONTRACTOR to more fully understand the Contract Documents so that the completed construction Work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for proper performance of his Work on the Project, including, without limitation, the propriety of means and methods of the CONTRACTOR in performing said Contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Any action by the ENGINEER or the OWNER in visiting or observing during construction, or any clarification of Contract Documents shall not constitute a waiver of CONTRACTOR'S liability for damages as herein set out. Deviation by the CONTRACTOR from Contract Documents, whether called to the CONTRACTOR's attention or not, shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said Contract Documents, and further shall not relieve CONTRACTOR o_ f 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 10-2012 00700 - 14 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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. 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, 10-2012 00700 - 15 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 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 10-2012 00700 - 16 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 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 10-2012 00700 - 17 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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. Comment: Is this far reaching enough to protect the City from loss due to natural causes of materials, equipment and work in place and accepted at the time of loss? 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 by any means determined by the Contractor except where determined to produce a risk to the health and safety of Contractor's or sub -contractors personnel, or the general public. Owner shall have the right to review and comment on any means or methods proposed by the Contractor and, in the event of finding unsafe conditions, halt that work if, in the opinion of the Owner or Engineer, such risk is deemed present. 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 10-2012 00700 - 18 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 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 Owner and the Contractor hereby agree that 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. 10-2012 00700 - 19 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 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. 10-2012 00700 - 20 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 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 quantity 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 performed 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. 10-2012 00700 - 21 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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, materials or units of work not actually authorized and installed. 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 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 or percentages of completed and approved Work 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 10-2012 00700 - 22 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT only. Payment for materials stored but not incorporating into the Work shall be based solely on the Contractor's identification of this material and his enumeration of this cost as separate components of the work item; i.e. material/ installation. The Contractor's Schedule of Values shall identify Work anticipated to require separate payment for material stored and separate those costs from the costs to install in the Schedule of Values. 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 request that the application be corrected 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. 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 partial 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." 10-2012 00700 - 23 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 the status of all or the identified portion of the work, and the ENGINEER shall prepare a detailed list of unfmished, incomplete, defective and/or non -conforming Work ("Punchlist"). If the ENGINEER determines that the Work is Substantially Complete in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR a Certificate of Substantial Completion. OWNER shall have seven (7) days after receipt of Certificate to make written objection to the ENGINEER as to any provision of the Certificate or the attached list of non -conforming work. If ENGINEER concludes that the Work is not Substantially Complete, ENGINEER will, within fourteen (14) days, notify CONTRACTOR of the reason he believes the Work is not Substantially Complete. Upon Substantial Completion of the Work, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities, pending fmal payment and acceptance, with respect to security, maintenance, utilities and damage to the Work, except as otherwise provided in the Certificate of Substantial Completion. NEITHER THE SUBSTANTIAL COMPLETION OF THE WORK, NOR THE OMISSION OF AN ITEM FROM THE PUNCHLIST, SHALL EXCUSE THE CONTRACTOR FROM PERFORMING ALL OF THE WORK UNDERTAKEN, WHETHER OF A MINOR OR MAJOR NATURE, AND THEREBY COMPLETING THE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. The Certificate of Substantial Completion shall establish the time period within which CONTRACTOR shall complete the Work for Final Acceptance by the Owner and ENGINEER. 6.08-1 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, for security requirement reasons. OWNER may establish an access procedure to facilitate CONTRACTOR's uninterrupted access to the Work for the purposes of completing and correcting all items on the Punchlist in an expeditious manner. 6.09 FINAL PAYMENT. Final payment of the Retainage withheld from the Contract Price shall be made by the OWNER to the CONTRACTOR at such time as: (a) the Work, including all Change Orders and including all Punchlist work, has been fully completed in strict accordance with the Contract Documents; 10-2012 00700 - 24 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (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; (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 10-2012 00700 - 25 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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. 6.11 CORRECTION OF WORK AFTER FINAL PAYMENT. If within one (1) year from the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR shall, at its sole cost, correct it and any other work affected thereby promptly after receipt of a written notice from OWNER to do so. In addition, CONTRACTOR shall be responsible for any damage to building contents, when such damage results from the CONTRACTOR's use of faulty materials or defective workmanship; to the extent such damage is not covered by OWNER's insurance. This warranty period shall renew and recommence for each corrected item of Work upon completion of the remedial work. This time period for correction by CONTRACTOR is in addition to, and not in lieu of, all warranties or remedies, which exist at common law or by statute. These warranty obligations shall survive the termination of this Contract, and shall be enforceable by a decree of specific performance, in addition to such other rights and remedies available to OWNER at law or in equity. 6.12 PAYMENTS WITHHELD. The OWNER may withhold, or on account of subsequently discovered evidence nullify and demand immediate repayment of, the whole or part of any certificate for payment or payment, to such extent as may be necessary to protect OWNER from loss on account of: (a) Defective or non -conforming Work not remedied; (b) Claims filed or reasonable evidence indicating probable filing of claims; (c) Failure of the CONTRACTOR to make payments promptly to subcontractors or for material or labor; (d) Damage to another contractor, OWNER, existing improvements on the site, or to adjacent or adjoining property; (e) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract amount; 10-2012 00700 - 26 of 36 CITYOFPEARLAND GENERAL CONDITIONS OF AGREEMENT (0 (g) Reasonable indication that the Work will not be completed within the Contract Time; 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 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. 10-2012 00700 - 27 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (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 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 10-2012 00700 - 28 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 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 10-2012 00700 - 29 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 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 10-2012 00700 - 30 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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. 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 10-2012 00700 - 31 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 (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 10-2012 00700 - 32 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 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 10-2012 00700 - 33 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 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 10-2012 00700 - 34 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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. 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 10-2012 00700 - 35 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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, Texas, or, if such choice of venue is prohibited or unenforceable by law, shall be held in the county where the Project is located. CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in the event OWNER seeks to enforce any provision of this Contract whether by arbitration or other dispute resolution process. Further, in the event OWNER defends any claim instituted by CONTRACTOR against OWNER, whether in arbitration or other dispute resolution process, CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in defending such claim provided OWNER is the prevailing party, in whole or in part, in such proceeding. 10-2012 00700 - 36 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 1 TO GENERAL CONDITIONS WORKERS' COMPENSATION INSURANCE COVERAGE A. DEFINITIONS: Certificate of coverage ("certificate") . A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project for the duration of the Project. Duration of the Project - includes the time from the beginning of the Work on the Project until the contractor's/person's work on the Project has been completed and the Project warranty period has expired. Persons providing services on the project includes persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with due contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, motor carriers and owner - operators, (as defined at Section 406.121 of the Texas Labor Code), leasing companies, and employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for employees of the contractor providing services on the project, for the duration of the project. C. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the Contract. D. If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. E. The CONTRACTOR shall obtain from each subcontractor or other person providing services on a project, and provide to the OWNER: (I) a certificate of coverage, prior to that person beginning work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 05/2007 00700 - Al CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (2) no later than seven days after receipt by the CONTRACTOR and prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 days after the CONTRACTOR knew or should have known, of any changes that materially affect the provision of coverage of any person providing services on the Project. H. The CONTRACTOR shall post on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. NOTICE REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440- 3789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." I. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, too: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for all of its employees providing services on the Project, for the duration of the Project; (2) provide to the CONTRACTOR, prior to that person beginning work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the Project: 05/2007 00700 - A2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (3) provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage, showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (4) obtain from each other person with whom it contracts, and provide to the CONTRACTOR: (5) (a) a certificate of coverage, prior to the other person beginning work on the Project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; (6) notify the OWNER in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage agreements will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR, which entitles the OWNER to pursue all rights and remedies available to it under the Contract, at law or in equity, if the CONTRACTOR does not remedy the breach within ten days after receipt of notice of breach from the OWNER. 05/2007 00700 - A3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 2 TO GENERAL CONDITIONS AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE In consideration of the Final Payment under that certain contract between (hereafter "CONTRACTOR") and the City of Pearland (hereafter "OWNER") for the Project known as PSB Back -Up Power Redundancy for Critical Facility (the "Contract"), the CONTRACTOR makes the following representations to OWNER, either individually if a proprietorship, or jointly and severally by all general partners if a partnership, or if a corporation, by action of the president and secretary of said corporation, as duly authorized by appropriate action of the stockholders and/or board of directors of said corporation, their signatures hereon constituting a representation under oath by said individuals that they have the authority to execute this Agreement for and on behalf of the said corporation: 1. The undersigned CONTRACTOR represents to OWNER that the Application for Payment for the Final Payment under the Contract, and the final Change Order issued under the Contract if any, whether or not modified, corrected or changed in some way by the ENGINEER, the CONTRACTOR or the OWNER, a copy of which are attached hereto and marked Exhibit "A", are true, correct and accurate, and that CONTRACTOR has received payment in full for all other Applications for Payment submitted under the Contract, and that CONTRACTOR has been fully compensated for all labor, materials, equipment and/or services furnished in connection with the Contract, except for the Final Payment. 2. It is agreed and stipulated by the undersigned CONTRACTOR that upon the receipt of Final Payment in the amount as set out on the attached Application for Payment, the CONTRACTOR, by execution of this instrument of release, does, therefore, RELEASE and FOREVER DISCHARGE OWNER of and from all mariner of debts, claims, demands, obligations, suits, liabilities and causes of action of any nature whatsoever, at law or in equity, in contract or in tort, now existing or which may hereafter accrue, arising out of or related to the Contract, any Change Orders or Work Orders, the Work, or any labor, materials, equipment or services furnished by CONTRACTOR to OWNER. 3. The CONTRACTOR, acting by and through the person or persons whose names are subscribed hereto, does solemnly swear and affirm that all bills and claims have been paid to all materialmen, suppliers, laborers, subcontractors, or other entities performing services or supplying materials or equipment, and that OWNER shall not be subject to any bills, claims, demands, litigation or suits in connection therewith. 4. It is further specifically understood and agreed that this Agreement for Final Payment and Contractor's Sworn Release shall constitute a part of the Contract, and it is also specifically understood and agreed that this Agreement shall not act as a modification, waiver or renunciation by OWNER of any of its rights or remedies as set out in the Contract itself, but this Agreement for Final Payment and Contractor's Sworn Release shall constitute a supplement thereto for the additional protection of OWNER. 05/2007 00700 - B 1 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT SIGNED and EXECUTED this, the _ day of , 20_ CONTRACTOR: By: Signature Print Name: Title: [If CONTRACTOR is a proprietorship, owner must sign; if a partnership, each general partner must sign; if a corporation, the following language should be used.] SIGNED and EXECUTED this, the day of 20_ by , a Texas corporation, under authority granted to the undersigned by said corporation as contained in the Charter, By -Laws or Minutes of a meeting of said corporation regularly called and held. CONTRACTOR: By: President ATTEST: Corporate Secretary (Corporate Seal) [This form is for use by either a proprietorship or a partnership. In the event CONTRACTOR is a partnership or a joint proprietorship, additional signature lines should be added for each individual.] 05/2007 00700 - B2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared the person or persons whose name(s) are subscribed to the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, who each, after being by me duly sworn, on their oaths deposed and said: I (We) am (are) the person(s) who signed and executed the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, and I (we) have read the facts and statements as therein set out and the representations as made therein, and I (we) state that the above and foregoing are true and correct. CONTRACTOR - Affiant SWORN TO AND SUBSCRIBED TO before me, the day of 20. Notary Public, State of Texas My Commission Expires: [This form is for use in the event CONTRACTOR is a corporation.] 07/2006 00700 - B3 CITYOFPEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared the persons who signed and executed the above and foregoing Agreement for Final Payment mid Contractor's Sworn Release, whose names are set out above, who each, after being by me duly sworn, on their oaths deposed and said: We each are the persons whose names are subscribed above, and hold respectively the offices in the corporation as set out above, and each state under oath that we have the authority to execute this Agreement for Final Payment and Contractor's Sworn Release for and on behalf of said corporation, pursuant to authority granted to us in the Charter of said corporation, the By -Laws of said corporation and/or the Minutes of said corporation; and the facts, statements and representations as set out in the instrument to which this Affidavit is attached, are true and correct. SWORN TO AND SUBSCRIBED TO before me this, the day of 20 Notary Public, State of Texas My Commission Expires: 07/2006 00700 - B4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 3 TO GENERAL CONDITIONS OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR 1. Definitions. For purposes of this Agreement: 1.1 Owner Parties. "Owner Parties" means (a) the City of Pearland, its successors and assigns, and the Engineer, (b) any officers, employees, or agents of such persons or entities, and (c) others as required by the Contract Documents, if any. 1.2 Contractor. "Contractor" shall mean the vendor providing the service or work to be performed under this Agreement. 1.3 Subcontractor. "Subcontractor" shall include subcontractors of any tier. 1.4 ISO. "ISO" means Insurance Services Office. 2. Contractor Insurance Representations to Owner Parties 2.1 It is expressly understood and agreed that the insurance coverages required herein: 2.1.1 represent Owner Parties' minimum requirements and are not to be construed to void or limit the Contractor's indemnity obligations as contained in this Agreement nor represent in any manner a determination of the insurance coverages the Contractor should or should not maintain for its own protection; and 2.1.2 are being, or have been, obtained by the Contractor in support of the Contractor's liability and indemnity obligations under this Agreement. Neither the requirements as to insurance to be carried as provided for herein, the insolvency, bankruptcy or failure of any insurance company carrying insurance of the Contractor, nor the failure of any insurance company to pay claims accruing, shall be held to affect, negate or waive any of the provisions of this Agreement. 2.2 Failure to obtain and maintain the required insurance shall constitute a material breach of, and default under, this Agreement. If the Contractor shall fail to remedy such breach within five (5) business days after notice by the Owner, the Contractor will be liable for any and all costs, liabilities, damages and penalties resulting to the Owner Parties from such breach, unless a written waiver of the specific insurance requirement(s) is provided to the Contractor by the Owner. In the event of any failure by the Contractor to comply with the provisions of this Agreement, the Owner may, without in any way compromising or waiving any right or remedy at law or in equity, on notice to the Contractor, purchase such insurance, at the Contractor's expense, provided that the Owner shall have no obligation to do so and if the Owner shall do so, the Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. 10-2012 00700 - Cl CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3. Conditions Affecting All Insurance Required Herein 3.1 Cost of Insurance. All insurance coverage shall be provided at the Contractor's sole expense. 3.2 Status and Rating of Insurance Company. All insurance coverage shall be written through insurance companies authorized to do business in the state in which the work is to be performed and rated no less than A-: VII in the most current edition of A. M. Best's Key Rating Guide. 3.3 Restrictive, Limiting, or Exclusionary Endorsements. All insurance coverage shall be provided to the Owner Parties in compliance with the requirements herein and shall contain no endorsements that restrict, limit, or exclude coverage required herein in any manner without the prior express written approval of the Owner. 3.4 Limits of Liability. The limits of liability may be provided by a single policy of insurance or by a combination of primary and umbrella policies, but in no event shall the total limits of liability available for any one occurrence or accident be less than the amount required herein. 3.5 Notice of Cancellation, Nonrenewal, or Material Reduction in Coverage. All insurance coverage shall contain the following express provision: In the event of cancellation, non -renewal, or material reduction in coverage affecting the certificate holder, thirty (30) days prior written notice shall be given to the certificate holder by certified mail or registered mail, return receipt requested. 3.6 Waiver of Subrogation. The Contractor hereby agrees to waive its rights of recovery from the Owner Parties with regard to all causes of property and/or liability loss and shall cause a waiver of subrogation endorsement to be provided in favor of the Owner Parties on all insurance coverage carried by the Contractor, whether required herein or not. 3.7 Deductible/Retention. Except as otherwise specified herein, no insurance required herein shall contain a deductible or self -insured retention in excess of $25,000 without prior written approval of the Owner. All deductibles and/or retentions shall be paid by, assumed by, for the account of, and at the Contractor's sole risk. The Contractor shall not be reimbursed for same. 4. Maintenance of Insurance. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required: 10-2012 00700 - C2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.1 Commercial General Liability Insurance 4.1.1 Coverage. Such insurance shall cover liability arising out of all locations and operations of the Contractor, including but not limited to liability assumed under this contract (including the tort liability of another assumed in a business contract). Defense shall be provided as an additional benefit and not included within the limit of liability. 4.1.2 Form. Commercial General Liability Occurrence form (at least as broad as an unmodified ISO CG 0001 0798 or its equivalent). 4.1.3 Amount of Insurance. Coverage shall be provided with limits of not less than: Each Occurrence Limit General Aggregate Limit Product -Completed Operations Aggregate Limit Personal and Advertising Injury Limit 4.1.4 Required Endorsements $1,000,000 $2,000,000 $2,000,000 $1,000,000 a. Additional Insured. Additional insured status shall be provided in favor of the Owner Parties on any of the following: i. ISO form CG 20 10 11 85; or ii. ISO form CG 20 26 11 85; or iii. a combination of ISO forms CG 20 33 10 01 and CG 20 37 10 01; or iv. any form providing equivalent protection to Owner. b. Designated Construction Project(s) Aggregate Limit. The aggregate limit shall apply separately to this Agreement through use of an ISO CG 25 03 03 97 endorsement or its equivalent. c. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. d. Personal Injury Liability. The personal injury contractual liability exclusion shall be deleted. e. Primary and Non -Contributing Liability. It is the intent of the parties to this Agreement that all insurance required herein shall be primary to all insurance available to the Owner Parties. The obligations of the Contractor's insurance shall not be affected by any other insurance available to the Owner Parties and shall seek no contribution from the Owner Parties' insurance, whether primary, excess contingent, or on any other basis. The Contractor's insurance coverage shall be endorsed to provide such primary and non- contributing liability. f. Waiver of Subrogation, as required in 3.6, above. 10-2012 00700 - C3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.1.5 Continuing Commercial General Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to Owner stating Work completion date. 4.2 Auto Liability Insurance 4.2.1 Coverage. Such insurance shall cover liability arising out of any auto (including owned, hired, and non -owned). 4.2.2 Form. Business Auto form (at least as broad as an unmodified ISO CA 0001 or its equivalent). 4.2.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $1,000,000. 4.2.4 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. 4.3 Employer's Liability Insurance 4.3.1 Coverage. Employer's Liability Insurance shall be provided as follows: 4.3.2 Amount of Insurance. Coverage shall be provided with a limit of not less than: Employer's Liability: $1,000,000 each accident and each disease. 4.3.3 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. 4.4 Umbrella Liability Insurance 4.4.1 Coverage. Such insurance shall be excess over and be no less broad than all coverages described above and shall include a drop -down provision for exhaustion of underlying limits. 4.4.2 Form. This policy shall have the same inception and expiration dates as the commercial general liability insurance required above. 10-2012 00700 - C4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.4.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $5,000,000. 4.4.4 Continuing Umbrella Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.5 Professional Liability Insurance 4.5.1 Coverage. The Contractor shall provide professional liability insurance for any professional design or engineering drawing required by the work. Such insurance shall indemnify the Owner from claims arising from the negligent performance of professional services of any type, including but not limited to design or design/build services as part of the Work to be performed. 4.5.2 Form. This insurance shall include prior acts coverage sufficient to cover all services rendered by the Contractor and by its consultants under this Agreement. It is recognized that this coverage may be provided on a Claims -Made basis. 4.5.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $1,000,000. 4.5.4 Continuing Professional Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.6 Builder's Risk 4.6.1 Insureds. Insureds shall include: a. Owner, General Contactor and all Loss Payees and Mortgagees as Named Insureds; and b. subcontractors of all tiers in the Work as Additional Insureds. 10-2012 00700 - C5 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.2 Covered Property. Such insurance shall cover: Form a. all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes and wiring, excavations, grading, backfilling or filling; b. all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) located at the site; c. all property including materials and supplies on site for installation; d. all property including materials and supplies at other locations but intended for use at the site; e. all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and f. other Work at the site identified in the Agreement to which this Exhibit is attached. a. Coverage shall be at least as broad as an unmodified ISO Special form, shall be provided on a completed -value basis, and shall be primary to any other coverage insurance available to the insured parties, with that other insurance being excess, secondary and non- contributing. b. No protective safeguard warranty shall be permitted. c. Required coverage shall further include: i. Additional expenses due to delay in completion of project (where applicable) ii. Agreed value iii. Damage arising from error, omission or deficiency in construction methods, design, specifications, workmanship or materials, including collapse iv. Debris removal additional limit v. Earthquake (where applicable) vi. Earthquake sprinkler leakage (where applicable) vii. Expediting expenses viii. Flood (where applicable) ix. Freezing x. Mechanical breakdown, including hot & cold testing (where applicable) xi. Notice of cancellation, non -renewal or $ TBD Included without sublimit Included without sublimit 25% of direct damage loss $ TBD $ TBD $ TBD $TBD Included without sublimit Included without sublimit Included 10-2012 00700 - C6 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT material reduction — 60 days prior written notice to each insured xii. Occupancy clause, as required in F, Included below xiii. Ordinance or law xiv. Pollutant clean-up and removal xv. Preservation of property xvi. Replacement cost xvii. Theft xviii. Waiver of subrogation as required in G, below. Included without sublimit $ TBD Included without sublimit Included Included without sublimit Included 4.6.3 Amount of Insurance. Coverage shall be provided in an amount equal at all times to the full replacement value and cost of debris removal for any single occurrence. 4.6.4 Deductibles. Deductibles shall not exceed the following: a. b. c. d. All Risks of Direct Damage, Per Occurrence, except Delayed Opening Waiting Period Flood, Per Occurrence Earthquake and Earthquake Sprinkler Leakage, Per Occurrence $5,000 5 Days $25,000 or excess of NFIP if in Flood Zone A, BorV $25,000 4.6.5 Termination of Coverage. The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed so long as such occupancy does not exceed 20% of the usable area of the property. This insurance shall be maintained in effect, unless otherwise provided for in the Contract Documents, until the earliest of the following dates: a. the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; b. the date on which final payment, as provided for in the Agreement to which this Exhibit is attached, has been made; or c. the date on which the insurable interests in the Covered Property of all insureds other than Contractor have ceased. 10-2012 00700 - C7 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.6 Waiver of Subrogation. The waiver of subrogation provision shall be endorsed as follows: a. A waiver of subrogation shall be provided in favor of all insureds. b. The waiver of subrogation provisions shall be endorsed as follows: Should a covered loss be subrogated, either in whole or in part, your rights to any recovery will come first, and we will be entitled to a recovery only after you have been fully compensated for the loss. 5. Intentionally left blank. 6. Evidence of Insurance 6.1 Provision of Evidence. Evidence of the insurance coverage required to be maintained by the Contractor, represented by certificates of insurance, evidence of insurance, and endorsements issued by the insurance company or its legal agent, and must be furnished to the Owner prior to commencement of Work and not later than fifteen (15) days after receipt of this Agreement. New certificates of insurance, evidence of insurance, and endorsements shall be provided to the Owner prior to the termination date of the current certificates of insurance, evidence of insurance, and endorsements. 6.2 Form 6.2.1 All property insurance required herein shall be evidenced by ACORD form 28, "Evidence of Property Insurance". 6.2.2 All liability insurance required herein shall be evidenced by ACORD form 25, "Certificate of Insurance". 6.3 Specifications. Such certificates of insurance, evidence of insurance, and endorsements shall specify: 6.3.1 The Owner as a certificate holder with correct mailing address. 6.3.2 Insured's name, which must match that on this Agreement. 6.3.3 Insurance companies affording each coverage, policy number of each coverage, policy dates of each coverage, all coverages and limits described herein, and signature of authorized representative of insurance company. 6.3.4 Producer of the certificate with correct address and phone number listed. 6.3.5 Additional insured status required herein. 6.3.6 Amount of any deductibles and/or retentions. 6.3.7 Cancellation, non -renewal and material reduction in coverage notification as required by this Agreement. Additionally, the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon Company, it agents or representatives" shall be deleted from the cancellation provision of the ACORD 25 certificate of insurance form. 10-2012 00700 - C8 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.3.8 Designated Construction Project Aggregate Limits required herein. 6.3.9 Personal Injury contractual liability required herein. 6.3.10 Primary and non-contributing status required herein. 6.3.11 Waivers of subrogation required herein. 6.4 Required Endorsements. A copy of each of the required endorsements shall also be provided. 6.5 Failure to Obtain. Failure of any Owner Party to demand such certificate or other evidence of full compliance with these insurance requirements or failure of any Owner Party to identify a deficiency from evidence that is provided shall not be construed as a waiver of the Contractor's obligation to maintain such insurance. 6.6 Certified Copies. Upon request of any Owner Party, the Contractor shall provide to the Owner a certified copy of all insurance policies required herein within ten (10) days of any such request. Renewal policies, if necessary, shall be delivered to the Owner prior to the expiration of the previous policy. 6.7 Commencement of Work. Commencement of Work without provision of the required certificate of insurance, evidence of insurance and/or required endorsements, or without compliance with any other provision of this Agreement, shall not constitute a waiver by any Owner Party of any rights. The Owner shall have the right, but not the obligation, of prohibiting the Contractor or any subcontractor from performing any Work until such certificate of insurance, evidence of insurance and/or required endorsements are received and approved by the Owner. 7. Insurance Requirements of Contractor's Subcontractors 7.1 Insurance similar to that required of the Contractor shall be provided by all subcontractors (or provided by the Contractor on behalf of subcontractors) to cover operations performed under any subcontract agreement. The Contractor shall be held responsible for any modification in these insurance requirements as they apply to subcontractors. The Contractor shall maintain certificates of insurance from all subcontractors containing provisions similar to those listed herein (modified to recognize that the certificate is from subcontractor) enumerating, among other things, the waivers of subrogation, additional insured status, and primary liability as required herein, and make them available to the Owner upon request. 7.2 The Contractor is fully responsible for loss and damage to its property on the site, including tools and equipment, and shall take necessary precautions to prevent damage to or vandalism, theft, burglary, pilferage and unexplained disappearance of property. Any insurance covering the Contractor's or its subcontractor's property shall be the Contractor's and its subcontractor's sole and complete means or recovery for any such loss. To the extent any loss is not covered by said insurance or subject to any deductible or co-insurance, the Contractor shall not be reimbursed for same. Should the Contractor or its subcontractors choose to self insure this risk, it is expressly agreed that the Contractor hereby waives, and shall cause its 10-2012 00700 - C9 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT subcontractors to waive, any claim for damage or loss to said property in favor of the Owner Parties. 8. Use of the Owner's Equipment. The Contractor, its agents, employees, subcontractors or suppliers shall use the Owner's equipment only with express written permission of the Owner's designated representative and in accordance with the Owner's terms and condition for such use. If the Contractor or any of its agents, employees, subcontractors or suppliers utilize any of the Owner's equipment for any purpose, including machinery, tools, scaffolding, hoists, lifts or similar items owned, leased or under the control of the Owner, the Contractor shall defend, indemnify and be liable to the Owner Parties for any and all loss or damage which may arise from such use. 9. Release and Waiver. The Contractor hereby releases, and shall cause its subcontractors to release, the Owner Parties from any and all claims or causes of action whatsoever which the Contractor and/or its subcontractors might otherwise now or hereafter possess resulting in or from or in any way connected with any loss covered by insurance, whether required herein or not, or which should have been covered by insurance required herein, including the deductible and/or uninsured portion thereof, maintained and/or required to be maintained by the Contractor and/or its subcontractors pursuant to this Agreement. 10-2012 00700 - C I 0 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: Jameson Appel telephone: 281. 652. 1757 The CONSTRUCTION MANAGER is: Wade Parks telephone: 713.395.4285 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 08/2018 00800 - 1 of 2 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT the number of accepted rain days that exceed 40 rain days per year, proportionate to the original Contract Time. General Notes: 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 08/2018 00800 - 2 of 2 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Section 00811 WAGE SCALE FOR ENGINEERING CONSTRUCTION 1.01 In accordance with the Prevailing Wage law on Public Works (Article 2258 of the Texas Government Code), the public body awarding the contract does hereby specify the rates shown in Table 00811-A following to be the general prevailing rates in the locality in which the work is being performed. 1.02 This prevailing wage rate does not prohibit the payment of more than the rates stated. 1.03 The wage scale for engineering construction is to be applied to all site work greater than five (5) feet from an exterior wall of new building under construction or from an exterior wall of an existing building. (Attach the current wage rates. Number the pages 00811-2, 00811-3, etc.) 10-2012 00811 - 1 of 1 CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 1 TECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS 04/2008 CITY OF PEARLAND SUMMARY OF WORK Section 01100 SUMMARY OF WORK 1.0 GENERAL 1.01 SECTION INCLUDES A A summary of the Work to be performed under this Contract, work by Owner, Owner furnished products, Work sequence, future Work, Contractor's use of Premises, and Owner occupancy. 1.02 WORK COVERED BY CONTRACT DOCUMENTS A The project will furnish and install all labor, materials, equipment and incidentals required for renovations to the back-up power supply and their systems as shown on the construction documents, including but not limited to, replacement and new construction for electrical. Base Bid includes all work related to the complete installation of the emergency power distribution system modifications. B Work will involve electrical power transfers, and contractor will be responsible for providing power to building through Final Completion. Services that must maintain continuous power supply in the Public Safety Building include but are not limited to: Server Room, Dispatch Services, and Life Safety Systems. 1.03 OWNER FURNISHED PRODUCTS A N/A 1.04 WORK SEQUENCE A N/A B Contractor to submit project schedule to Engineer & Owner for approval as specified in Section 01350 — Submittals. C Contractor shall coordinate the Work with the Engineer and Owner as specified in Section 01310 - Coordination and Meetings. 1.05 FUTURE WORK A N/A 1.06 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. 08/2016 01100 - 1 of 2 CITY OF PEARLAND SUMMARY OF WORK B Contractor shall be responsible for all utilities required for construction. 1.07 OWNER OCCUPANCY A Cooperate with the Owner to minimize conflict, and to facilitate the Owner's operations. Coordinate Contractor's activities with Engineer. B Schedule Work to accommodate this requirement. 2.0 PRODUCTS-NotUsed 3.0 EXECUTION-NotUsed END OF SECTION 08/2016 01100 - 2 of 2 CITY OF PEARLAND 1.1 GENERAL CONTRACTOR'S USE OF PREMISES Section 01140 CONTRACTOR'S USE OF PREMISES 1.2 SECTION INCLUDES A General use of the Project Site including properties inside and outside of the limits of construction, work affecting roads, ramps, streets and driveways and notification to adjacent occupants. B References to Technical Specifications: 1 Section 01350 — Submittals 2 Section 01730 — Cutting & Patching 3 Section 01555 — Traffic Control & Regulation 4 Section 01562 — Waste Material Disposal 5 Section 01720 — Field Surveying 6 Section 02980 — Pavement Repair 7 Section 02770 — Curbs, Curb & Gutter, & Headers 8 Section 02255 — Bedding, Backfill, & Embankment Materials 9 Section 02922 — Sodding 10 Section 02921 — Hydromulch Seeding 1.3 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.4 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 may be placed in temporary work areas or on adjacent private properties without the written permission of the Engineer or the issuance of a Fill Permit by the City of Pearland or other governing entity. C Restrict total length which materials may be distributed along the route of the construction at any one time to 1,000 linear feet unless otherwise approved by Engineer. 01/2018 01140- 1 of 4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES 1.5 PROPERTIES OUTSIDE OF LIMITS OF CONSTRUCTION A If Contractor's means and methods require the acquisition of Temporary Construction Easements or any access to private property not already included in the above, such access and documentation along with any costs involved shall be the responsibility of the Contractor. B 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) as noted above. C 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 without temporary or permanent easements as determined by the Engineer. D 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. E Contractor shall protect or replace all property comers, 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. 1.6 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. 01/2018 01140 - 2 of 4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES 1.7 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. 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. 1.8 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. 1.9 CLEAN-UP A Maintain Project Site in a neat and orderly manner. B Perform daily clean-up in and around construction zone of dirt, debris, scrap materials, other disposable items. C Leave streets, driveways, and sidewalks broom -clean or its equivalent at the end of each work day. D Promptly remove barriers, signs, and components of other control systems that are no 01/2018 01140 - 3 of 4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES longer being utilized. E Dispose of waste and excess materials in accordance with requirements of Section 01562 — Waste Material Disposal. 1.10 RESTORATION A Restore damaged permanent facilities to pre -construction conditions unless replacement or abandonment of facilities is indicated on the Plans. B Repair/Replace removed or damaged pavement in accordance with Section 02980 — Pavement Repair and removed or damaged curbs, gutters, and headers in accordance with Section 02770 — Curbs, Curb & Gutter, & Headers. Repair/Replace with like materials to match existing style, lines, grades, etc., unless otherwise directed by Engineer. C Repair turf areas which become damaged by Contractor's operations at no additional cost to Owner. D Level with bank sand or topsoil, conforming to Section 02255 — Bedding, Backfill, & Embankment Materials, as approved by the Engineer. E 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. F 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. G Water and level newly sodded areas with adjoining turf using steel wheel rollers appropriate for sodding 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 01/2018 01140-4of4 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES Section 01200 MEASUREMENT AND PAYMENT PROCEDURES 1.0 GENERAL 1.01 SECTION INCLUDES A Procedures for measurement and payment of Work. B Conditions for nonconformance assessment and nonpayment for rejected products. C References to Technical Specifications: See Bid Proposal Sheet D Reference Standards: 1. Concrete Reinforcing Steel Institute (CRSI) 2. American Institute of Steel Construction (AISC) 1.02 AUTHORITY A Units and methods delineated in this Section are intended to complement the criteria of the Technical Specifications and Section 00300 — Bid Proposal. B In the event of conflict, the unit specified for Bid Items in Section 00300 — Bid Proposal shall govern. C Measurements and quantities submitted 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. 1.03 UNIT QUANTITIES SPECIFIED A Quantity and measurement estimates stated in Section 00300 — Bid Proposal are for contract purposes only. Quantities and measurements supplied or placed in the Work, authorized and verified by Engineer shall determine payment as stated in Section 00700 — General Conditions of Agreement. B If the actual Work requires greater or lesser quantities than those quantities indicated in Section 00300 — Bid Proposal, provide the required quantities at the unit prices contracted except as otherwise stated in Section 00700 — General Conditions of Agreement or in executed Change Order. 1.04 MEASUREMENT OF QUANTITIES A Measurement by Weight: Reinforcing steel, rolled or formed steel or other metal shapes will be measured by CRSI or AISC Manual of Steel Construction weights. Welded assemblies will be measured by CRSI or AISC Manual of Steel Construction or scale weights. 05/2007 01200 - 1 of 3 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES B Measurement by Volume: 1. Stockpiles: Measured by cubic dimension using mean length, width, and height or thickness. 2. Excavation and Embankment Materials: Measured by cubic dimension using the average end area method. C Measurement by Area: Measured by square dimension using mean length and width or radius. D Linear Measurement: Measured by linear dimension, at the item centerline or mean chord. E Stipulated Price Measurement: By unit designated in the agreement. F Other: Items measured by weight, volume, area, or lineal means or combination, as appropriate, as a completed item or unit of the Work. 1.05 PAYMENT A Payment includes full compensation for all required supervision, labor, products, tools, equipment, plant, transportation, services, and incidentals; and erection, application or installation of an item of the Work; and Contractor's overhead and profit. The price bid shall include the total cost for required Work. Claims for payment as Unit Price Work not specifically covered in Section 00300 — Bid Proposal will not be accepted. B Progress Payments for Unit Price Work will be based on the Engineer's observations and evaluations of quantities incorporated in the Work multiplied by the unit price. C Progress Payments for Lump Sum Work will be based on the Engineer's observations and evaluations of the percentage of quantities included in the schedule of values incorporated in the Work. D Final Payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities determined by Engineer multiplied by the unit price for Work which is incorporated in or made necessary by the Work. 1.06 NONCONFORMANCE ASSESSMENT A Remove and replace the Work, or portions of the Work, not conforming to the Contract Documents. B If, in the opinion of the Engineer, it is not practical to remove and replace the Work, the Engineer will direct one of the following remedies: 1. The nonconforming Work will remain as is, but the unit price will be adjusted to a lower price at the discretion of the Engineer. 2. The nonconforming Work will be modified as authorized by the Engineer, and the unit price will be adjusted to a lower price at the discretion of the Engineer, if the modified Work is deemed to be less suitable than originally specified. 05/2007 01200 - 2 of 3 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES C Individual Technical Specifications may modify these options or may identify a specific formula or percentage price reduction. D The authority of the Engineer to assess the nonconforming Work and identify payment adjustment is final. 1.07 NONPAYMENT FOR REJECTED PRODUCTS A Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable to Engineer. 2. Products determined as nonconforming before or after placement. 3. Products not completely unloaded from transporting vehicle. 4. Products placed beyond the lines and levels of the required Work. 5. Products remaining on hand after completion of the Work, unless specified otherwise. 6. Loading, hauling, and disposing of rejected products. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 05/2007 01200 - 3 of 3 LEAF Engineers Pearland Recreation Center Emergency Response Upgrade Project No. 18380M City of Pearland SECTION 01 22 00 — UNIT PRICES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes administrative and procedural requirements for unit prices. B. Related Requirements: 1. Section 012600 "Contract Modification Procedures" for procedures for submitting and handling Change Orders. 2. Section 014000 "Quality Requirements" for general testing and inspecting requirements. 1.3 DEFINITIONS A. Unit price is an amount incorporated in the Agreement, applicable during the duration of the Work as a price per unit of measurement for materials, equipment, or services, or a portion of the Work, added to or deducted from the Contract Sum by appropriate modification, if the scope of Work or estimated quantities of Work required by the Contract Documents are increased or decreased. 1.4 PROCEDURES A. Unit prices include all necessary material, plus cost for delivery, installation, insurance, applicable taxes, overhead, and profit. B. Measurement and Payment: See individual Specification Sections for work that requires establishment of unit prices. Methods of measurement and payment for unit prices are specified in those Sections. Owner reserves the right to reject Contractor's measurement of work -in -place that involves use of established unit prices and to have this work measured, at Owner's expense, by an independent surveyor acceptable to Contractor. D. List of Unit Prices: A schedule of unit prices is included in Part 3. Specification Sections referenced in the schedule contain requirements for materials described under each unit price. UNIT PRICES 012200 - 1 LEAF Engineers Pearland Recreation Center Emergency Response Upgrade Project No. 18380M City of Pearland PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 SCHEDULE OF UNIT PRICES A. Unit Price 1: Removal of unsatisfactory soil and replacement with satisfactory soil material. 1. Description: Unsatisfactory soil excavation and disposal off site and replacement with satisfactory fill material or engineered fill from off site, as required, according to Section 312000 "Earth Moving." 2. Unit of Measurement: Cubic yard of soil excavated, based on survey of volume removed. 3. Quantity Allowance: Coordinate unit price with allowance adjustment requirements in Section 012100 "Allowances." B. Unit Price No. 2: Rock excavation and replacement with satisfactory soil material. 1. Description: Classified rock excavation and disposal off site and replacement with satisfactory fill material or engineered fill from off site, as required, according to Section 312000 "Earth Moving." 2. Unit of Measurement: Cubic yard of rock excavated, based on survey of volume removed. 3. Quantity Allowance: Coordinate unit price with allowance adjustment requirements in Section 012100 "Allowances." C. Unit Price No. 3: Cutting and patching of concrete floor slabs. 1. Description: Cutting of new or existing concrete floor slabs up to [6 inches] <Insert dimension> thick, removal and excavation as required, and subsequent backfill, compaction, and patching of concrete according to Section 017300 "Execution." not otherwise indicated in the Contract Documents. 2. Unit of Measurement: Square feet of concrete removed. D. Unit Price No. 4: Miscellaneous and structural steel. 1. Description: Miscellaneous lintels and other supports not otherwise indicated in the Contract Documents, according to Section 051200 "Structural Steel Framing" and Section 055000 "Metal Fabrications." 2. Unit of Measurement: Cost in place of pounds of fabricated steel as indicated on itemized invoice of steel supplier and verified by Architect. E. Unit Price No. 5: Elevator jack hole rock. 1. Description: Subsurface soil conditions that refuse conventional auger excavation of the elevator jack hole, according to Section 142400 "Hydraulic Elevators." 2. Unit of Measurement: Depth in feet of drilling required as indicated on the elevator Installer's invoice and verified by Architect. 3. Assigned Unit Cost: Owner will pay [$250.00] <Insert dollar amount> per unit foot of rock drilling required. UNIT PRICES 012200 - 2 LEAF Engineers Pearland Recreation Center Emergency Response Upgrade Project No. 18380M City of Pearland F. Unit Price No. <Insert unit -price number> - <Insert unit -price item>: 1. Description: <Insert unit -price item description> according to Section <Insert Section number> "<Insert Section title>." 2. Unit of Measurement: <Insert unit of measurement>. 3. Quantity Allowance: Coordinate unit price with allowance adjustment requirements in Section 012100 "Allowances." END OF SECTION 01 22 00 UNIT PRICES 012200 -3 CITY OF PEARLAND CHANGE ORDER PROCEDURES Section 01290 CHANGE ORDER PROCEDURES 1.0 GENERAL 1.01 SECTION INCLUDES A Procedures for processing Change Orders, including: 1. Assignment of a responsible individual for approval and communication of changes in the Work; 2. Documentation of change in Contract Price and Contract Time; 3. Change procedures, using proposals and construction contract modifications, Work Change Directive, Stipulated Price Change Order, Unit Price Change Order, Time and Materials Change Order; 4. Execution of Change Orders; 5. Correlation of Contractor Submittals. B References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01760 — Project Record Documents C Other References: 1. Rental Rate Blue Book for Construction Equipment (Data Quest Blue Book). Rental Rate is defined as the full unadjusted base rental rate for the appropriate item of construction equipment. 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 RESPONSIBLE INDIVIDUAL A Contractor shall provide a letter indicating the name and address of the individual authorized to execute change documents, and who shall also be responsible for informing others in Contractor's employ and Subcontractors of changes to the Work. The information shall be provided at the Preconstruction Conference. 1.04 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND CONTRACT TIME A Provide full information required for identification and evaluation of proposed changes, and to substantiate costs of proposed changes in the Work. B Contractor shall document each Proposal for Change in cost or time with sufficient data to allow for its evaluation. 02/2008 01290 - 1 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES C Proposal for Change shall include, as a minimum, the following information as applicable: 1. Original Quantities of items in Section 00300 — Bid Proposal with additions, reductions, deletions, and substitutions. 2. When Work items were not included in Section 00300 — Bid Proposal, Contractor shall provide unit prices for the new items, with supporting information as required by the Engineer. 3. Justification for any change in Contract Time. 4. Additional data upon request. D For changes in the Work performed on a time -and -material basis, the following additional information may be required: 1. Quantities and description of products and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit as noted in Section 00700 — General Conditions of Agreement, 7.03 "Extra Work". 4. Dates and times work was performed, and by whom. 5. Time records and certified copies of applicable payrolls. 6. Invoices and receipts for products, rented equipment, and subcontracts, similarly documented. E Rented equipment will be paid to the Contractor by actual invoice cost for the duration of time required to complete the extra work. If the extra work comprises only a portion of the rental invoice where the equipment would otherwise be on the site, the Contractor shall compute the hourly equipment rate by dividing the actual monthly invoice by 176. (One day equals 8 hours and one week equals 40 hours.) Operating costs shall not exceed the estimated operating costs given for the item of equipment in the Blue Book. F For changes in the work performed on a time -and -materials basis using Contractor - owned equipment, compute rates with the Blue Book as follows: 1. Multiply the appropriate Rental Rate by an adjustment factor of 70 percent plus the full rate shown for operating costs. The Rental Rate utilized shall be the lowest cost combination of hourly, daily, weekly or monthly rates. Use 150 percent of the Rental Rate for double shifts (one extra shift per day) and 200 percent of the Rental Rate for more than two shifts per day. No other rate adjustments shall apply. 2. Standby rates shall be 50 percent of the appropriate Rental Rate shown in the Blue Book. Operating costs will not be allowed. 1.05 CHANGE PROCEDURES A Changes to Contract Price or Contract Time can only be made by issuance of a Change Order. Issuance of a Work Change Directive or written acceptance by the Engineer of changes will be formalized into Change Orders. All such changes will be in accordance with the requirements of Section 00700 — General Conditions of Agreement, 7.01 "Change Orders". 02/2008 01290 - 2 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES B The Engineer will advise Contractor of Minor Changes in the Work not involving an adjustment to Contract Price or Contract Time as authorized by Section 00700 — General Conditions of Agreement, 7.02 "Minor Changes", by issuing supplemental instructions. C Contractor may request clarification of Plans, Technical Specifications or Contract Documents or other information. Response by the Engineer to a Request for Information does not authorize the Contractor to perform tasks outside the scope of the Work. All changes must be authorized as described in this Section. 1.06 PROPOSALS FOR CHANGE AND CONTRACT MODIFICATION A The Engineer may issue a Request for Proposal, which includes a detailed description of a proposed change with supplementary or revised Plans and Technical Specifications. The Engineer may also request a proposal in the response to a Request for Information. Contractor will prepare and submit its Proposal for Change within 7 days or as specified in the request. B The Contractor may propose an unsolicited change by submitting a Proposal for Change to the Engineer describing the proposed change and its full effect on the Work, with a statement describing the reason for the change and the effect on the Contract Price and Contract Time including full documentation. 1.07 WORK CHANGE DIRECTIVE A Engineer may issue a signed Work Change Directive instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B The document will describe changes in the Work and will designate a method of determining any change in Contract Price or Contract Time. C Contractor shall proceed promptly to execute the changes in the Work in accordance with the Work Change Directive. 1.08 STIPULATED PRICE CHANGE ORDER A A Stipulated Price Change Order will be based on an accepted Proposal for Change including the Contractor's lump sum price quotation. 1.09 UNIT PRICE CHANGE ORDER A Where Unit Prices for the affected items of the Work are included in Section 00300 - Bid Proposal , the Unit Price Change Order will be based on unit prices as originally bid, subject to provisions of Section 00700 — General Conditions of Agreement. B Where unit prices of the Work are not pre -determined in Section 00300 — Bid Proposal, Work Change Directive or accepted Proposal for Change will specify the unit prices to be used. 02/2008 01290 - 3 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES 1.10 TIME -AND -MATERIAL CHANGE ORDER A Contractor shall provide an itemized account and supporting data after completion of change, within time limits indicated for claims in Section 00700 — General Conditions of Agreement. B Engineer will determine the change allowable in Contract Price and Contract Time as provided in Section 00700 — General Conditions of Agreement. C Contractor shall maintain detailed records of work done on time -and -material basis as specified in this Section, 1.04 "Documentation of Change in Contract Price and Contract Time". D Contractor shall provide full information required for evaluation of changes, and shall substantiate costs for changes in the Work. 1.11 EXECUTION OF CHANGE DOCUMENTATION A Engineer will issue Change Orders, Work Change Directives, or accepted Proposals for Change for signatures of parties named in Section 00500 — Standard Form of Agreement. 1.12 CORRELATION OF CONTRACTOR SUBMITTALS A For Stipulated Price Contracts, Contractor shall promptly revise Schedule of Values 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 - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01290 - 4 of 4 CITY OF PEARLAND COORDINATION AND MEETINGS Section 01310 COORDINATION AND MEETINGS 1.0 GENERAL 1.01 SECTION INCLUDES A Section includes general coordination including Preconstruction Conference, Site Mobilization Conference, and Progress Meetings. B References to Technical Specifications: 1. Section 01100 — Summary of Work 1.02 RELATED DOCUMENTS A Coordination is required throughout the documents. Refer to all of the Contract Documents and coordinate as necessary. 1.03 ENGINEER AND REPRESENTATIVES A The Engineer may act directly or through designated representatives as defined in Section 00700 — General Conditions of Agreement, 1.01 "Owner, Contractor, and Engineer", and as identified by name at the Preconstruction Conference. 1.04 CONTRACTOR COORDINATION A Coordinate scheduling, submittals, and work of the various Technical Specifications to assure efficient and orderly sequence of installation of interdependent construction elements. B Coordinate completion and clean up of the Work for Substantial Completion and for portions of the Work designated for Owner's partial occupancy. C Coordinate access to Project Site for correction of nonconforming work to minimize disruption of Owner's activities where Owner is in partial occupancy. 1.05 PRECONSTRUCTION CONFERENCE A Engineer will schedule a Preconstruction Conference. B Attendance Required: Engineer's representatives, Consultants, Contractor, and major Subcontractors. C Agenda: 1. Distribution of Contract Documents. 2. Designation of personnel representing the parties to the Contract, and the Consultant. 3. Review of insurance. 02/2008 01310 - 1 of 3 CITY OF PEARLAND COORDINATION AND MEETINGS 4. Discussion of formats proposed by the Contractor for Schedule of Values, and Construction Schedule. 5. Discussion of required Submittals, including, but not limited to, Work Plans, Traffic Control Plans, Safety Programs, Construction Photographs. 6. Procedures and processing of Shop Drawings and other submittals, substitutions, Applications for Payment, Requests for Information, Request for Proposal, Change Orders, and Contract Closeout. 7. Scheduling of the Work and coordination with other contractors. 8. Review of Subcontractors. 9. Appropriate agenda items listed in this Section, 1.06 "Site Mobilization Conference", when Preconstruction Conference and Site Mobilization Conference are combined. 10. Procedures for testing. 11. Procedures for maintaining Project Record Documents. 12. Designation of the individual authorized to execute change documents and their responsibilities. 13. Discussion of requirements of a Trench Safety Program. 1.06 SITE MOBILIZATION CONFERENCE A When required by Section 01100 — Summary of Work, Engineer will schedule a Site Mobilization Conference at the Project Site prior to Contractor occupancy. B Attendance Required: Engineer representatives, Consultants, Contractor's Superintendent, and major Subcontractors. C Agenda: 1. Use of premises by Owner and Contractor 2. Safety and first aid procedures 3. Construction controls provided by Owner 4. Temporary utilities 5. Survey and layout 6. Security and housekeeping procedures 1.07 PROGRESS MEETINGS A Progress Meetings shall be held at Project Site or other location as designated by the Engineer. Meeting shall be held at monthly intervals, or more frequent intervals if directed by Engineer. B Attendance Required: Job superintendent, major Subcontractors and suppliers, Engineer representatives, and Consultants as appropriate to agenda topics for each meeting. C Engineer or City's representative will make arrangements for meetings, and recording minutes. D Engineer or City's representative will prepare the agenda and preside at meetings. 02/2008 01310 - 2 of 3 CITY OF PEARLAND COORDINATION AND MEETINGS E Contractor shall provide required information and be prepared to discuss each agenda item. F Agenda: 1. Review minutes of previous meeting. 2. Review of Construction Schedule, Applications for Payment, payroll and compliance submittals. 3. Field observations, problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of Submittal Schedule and status of submittals. 6. Review status of Requests for Information, Requests for Proposal. 7. Review status of Change Orders. 8. Review of off -site fabrication and delivery schedules. 9. Maintenance of updates to Construction Schedule. 10. Corrective measures to regain projected schedules. 11. Planned progress during succeeding work period. 12. Coordination of projected progress. 13. Maintenance of quality and work standards. 14. Effect of proposed changes on Construction Schedule and coordination. 15. Other items relating to the Work. 2.0 PRODUCTS -Not Used 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01310 - 3 of 3 CITY OF PEARLAND SUBMITTALS Section 01350 SUBMITTALS 1.0 GENERAL This Section contains general lists of Submittals and Technical Specifications that may be required for the Work. When Submittals are required elsewhere in these Technical Specifications, refer to this Section for Submittal requirements and procedures. 1.01 SECTION INCLUDES A Submittal procedures for: 1. Schedule of Values 2. Construction Schedules 3. Shop Drawings, Product Data, and Samples 4. Operations and Maintenance Data 5. Manufacturer's Certificates 6. Construction Photographs 7. Project Record Documents 8. Design Mixes B References to the following Technical Specifications: 1. Section 01310 — Coordination & Meetings 2. Section 01630 — Product Options & Substitutions 3. Section 01100 — Summary of Work 4. Section 01380 — Construction Photographs 5. Section 01760 — Project Record Documents 6. Section 02530 — Gravity Sanitary Sewers 1.02 SUBMITTAL PROCEDURES A Scheduling and Handling 1. Schedule Submittals well in advance of the need for material or equipment for construction. Allow time to make delivery of material or equipment after Submittal is approved. 2. Develop a Submittal Schedule that allows sufficient time for initial review, correction, resubmission and final review of all submittals. The Engineer will review and return submittals to the Contractor as expeditiously as possible but the amount of time required for review will vary depending on the complexity and quantity of data submitted. In no case will a Submittal Schedule be acceptable which allows less than 30 days for initial review by the Engineer. This time for review shall in no way be justification for delays or additional compensation to the Contractor. 3. The Engineer's review of submittals covers conformity to the Plans, Technical Specifications, and dimensions which affect the layout. The Contractor is responsible for quantity determination. The Contractor is responsible for any errors, omissions or deviations from the Contract requirements; review of 01/2008 01350 - 1 of 6 CITY OF PEARLAND SUBMITTALS submittals in no way relieves the Contractor from his obligation to furnish required items according to the Plans and Technical Specifications. 4. Submit 5 copies of documents unless otherwise specified in this Section or by individual Technical Specifications. 5. Revise and resubmit submittals as required. Identify all changes made since previous submittal. 6. The Contractor shall assume the risk for material or equipment which is fabricated or delivered prior to approval. No material or equipment shall be incorporated into the Work or included in Applications for Payment until approval has been obtained in the specified manner. B Transmittal Form and Numbering 1. Transmit each submittal to the Engineer with a transmittal form. 2. Sequentially number each transmittal form beginning with the number 1. Re - Submittals shall use the original number with an alphabetic suffix (i.e., 2A for first Re -Submittal of Submittal 2 or 15C for third Re -Submittal of Submittal 15). Each submittal shall only contain one type of work, material, or equipment. Mixed submittals will not be accepted. 3. Identify variations from requirements of Contract Documents and identify product or system limitations. 4. For submittal numbering of video tapes, see this Section, 1.10 "Video". C Contractor's Certification 1. Each submittal shall contain a statement or stamp signed by the Contractor, certifying that the items have been reviewed in detail and are correct and in accordance with Contract Documents, except as noted by any requested variance. 1.03 SCHEDULE OF VALUES A Submit a Schedule of Values at least 10 days prior to the first Application for Payment. A Schedule of Values shall be provided for each of the items indicated as Lump Sum (LS) in Section 00300 — Bid Proposal for which the Contractor requests to receive Progress Payments. B Schedule of Values shall be typewritten on 8-1/2" x 11 ", plain bond, white paper. Use the Table of Contents of this Project Manual as a format for listing costs of Work by Section. C Round off figures for each listed item to the nearest $100.00 except for the value of one item, if necessary, to make the total price for all items listed in the Schedule of Values equal to the applicable Lump Sum in Section 00300 — Bid Proposal. D For Unit Price Contracts, items should include a proportional share of Contractor's overhead and profit, such that the total of all items listed in the Schedule of Values equals the Contract amount. For Stipulated Price Contracts, Mobilization, Bonds, and Insurance may be listed as separate items in the Schedule of Values. 01/2008 01350 - 2 of 6 CITY OF PEARLAND SUBMITTALS E For Lump Sum equipment items, where Submittals for Testing, Adjusting, and Balancing Reports in conjunction with Operation and Maintenance Data are required, include a separate item for equipment Operation and Maintenance Data Submittals and a separate item for Submittals of equipment Testing, Adjusting, and Balancing Reports, each valued at five (5) percent of the Lump Sum. F Revise the Schedule of Values and resubmit for items affected by contract modifications, Change Orders, and Work Change Directives. Submit revised Schedule of Values 10 days prior to the first Application for Payment after the changes are approved by the Engineer. 1.04 CONSTRUCTION SCHEDULES A Submit Construction Schedules for the Work in accordance with the requirements of this Section. The Construction Schedule Submittal shall be, at a minimum, a bar chart, (computer generated or prepared manually) and a narrative report. B During the Preconstruction Meeting, as noted in Section 01310 - Coordination and Meetings, the Contractor shall provide a sample of the format to be used for the Construction Schedule Submittal. The format is subject to approval by the Engineer. Review of the Submittal will be provided within 7 days of the Submittal of the sample. C Within 7 days of the receipt of approval of the Contractor's format, or 14 days of the Notice to Proceed, whichever is later, the Contractor shall submit a proposed Construction Schedule for review. The Construction Schedule Submittal shall meet the following requirements: 1. The Construction Schedule shall usually include a total of at least 20 but not more than 50 activities. Fewer activities may be accepted, if approved by the Engineer. 2. For Projects with work at different physical locations, each location should be indicated separately within the Construction Schedule. 3. For projects with multiple crafts or significant subcontractor components, these elements 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. 01/2008 01350 - 3 of 6 CITY OF PEARLAND SUBMITTALS These monthly forecasts are only for planning purposes of the Engineer. Monthly payments for actual work completed will be made by the Engineer in accordance with Section 00700 - General Conditions of Agreement. D The Contractor must receive approval of the Engineer for the Construction Schedule and Billing Schedule prior to the first monthly Application for Payment. No payment will be made until these are accepted. E Upon written request from the Engineer, the Contractor shall revise and submit for approval all or any part of the Construction Schedule to reflect changed conditions in the Work or deviations made from the original plan and schedule. F The Contractor's Construction Schedule shall thereafter be updated with the Actual Start and Actual Finish Dates, Percent Complete, and Remaining Duration of each Activity and submitted monthly. The date to be used in updating the monthly Construction Schedule shall be the same Date as is used in the monthly Application for Payment. This monthly update of the Construction Schedule shall be required before the monthly Application for Payment will be processed for payment. G The narrative Construction Schedule Report shall include a description of changes made to the Construction Schedule; Activities Added to the Construction Schedule; Activities Deleted from the Construction Schedule; any other changes made to the Construction Schedule other than the addition of Actual Start Dates and Actual Finish Dates and Remaining Durations. 1.05 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES A Shop Drawings 1. Submit Shop Drawings for review as required by the Technical Specifications. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures" shall be placed on each Shop Drawing. 3. The Shop Drawing shall accurately and distinctly present the following: a. Field and erection dimensions clearly identified as such. b. Arrangement and section views. c. Relation to adjacent materials or structure including complete information for making connections between work under this Contract and work under other contracts. d. Kinds of materials and finishes. e. Parts list and descriptions. f. Assembly Shop Drawings of equipment components and accessories showing their respective positions and relationships to the complete equipment package. g. Where necessary for clarity, identify details by reference to sheet numbers and detail numbers, schedule or room numbers as shown on the Plans. 4. Shop Drawing Drawings shall be to scale, and shall be a true representation of the specific equipment or item to be furnished. 01/2008 01350 - 4 of 6 CITY OF PEARLAND SUBMITTALS B Product Data 1. Submit Product Data for review when required in individual Technical Specifications. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures" shall be placed on each data item submitted. 3. Mark each copy to identify applicable products, models, options to be used in this Project. Supplement manufacturers' standard data to provide information unique to this Project, where required by the Technical Specification. 4. For products specified only by reference standard, submit manufacturer, trade name, model or catalog designation, and applicable reference standard. 5. For Approved Products, those designated in the Technical Specifications followed by the words "or approved equal", submit manufacturer, trade name, model or catalog designation, and applicable reference standard. 6. For products proposed as alternates to Approved Products, refer to Section 01630 - Product Options and Substitutions, 1.04 "Selection Options" and 1.07 "Substitution Procedures". 7. For products that are neither Pre -Approved, Approved, specified only by reference standard, nor proposed as alternates, submit product description, trade name, manufacturer, and supplier. Contractor shall provide additional information upon written request by Engineer or Owner. C Samples 1. Submit samples for review as required by the Technical Specification. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures", shall be placed on each sample or a firmly attached sheet of paper. 3. Submit the number of samples specified in the Technical Specification; one of which will be retained by the Engineer. 4. Reviewed samples which may be used in the Work are identified in the Technical Specifications. 1.06 OPERATIONS AND MAINTENANCE DATA A When specified in Technical Specification, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, operation, adjusting, finishing, and maintenance. B Contractor's Certification, as described in this Section. 1.02 "Submittal Procedures", shall be placed on front page of each document. C Identify conflicts between manufacturers' instructions and Contract Documents. 1.07 MANUFACTURER'S CERTIFICATES A When specified in Technical Specification, submit manufacturers' certificate of compliance for review by Engineer. B Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures", shall be placed on front page of the certificate. 01/2008 01350 - 5 of 6 CITY OF PEARLAND SUBMITTALS C Submit supporting reference data, affidavits, and certifications as appropriate. D Manufacturer's Certificates may be recent or previous test results on material or product, but must be acceptable to Engineer. 1.08 CONSTRUCTION PHOTOGRAPHS A Submit photographs in accordance with Section 01380 — Construction Photographs. 1. Prints: Prepare 2 prints of each view and submit 1 print directly to the City's Representative within 7 days of taking photographs. One print shall be retained by the Contractor and made available at all times for reference on the job site. B PRECONSTRUCTION PHOTOGRAPHS: 1 Prior to the commencement of any construction, take digital color photographs on the entire route of the project 2. Photographs: Two prints, color, matte finish; 3 x 5 inch size, mounted on 81/2 x 11-inch soft card stock, with left edge binding margin for three hole punch, or in plastic pockets in three-ring notebook. 3. Th photographs shall show: a. Date photographs were taken b. Location of the photograph, house number and street name. (This information may be shown on a chalk board in the photograph by a label on the mountings.) 4. Photographs should show the condition of the following a. Esplanades and boulevards b. Yards (near, side and far side of street) c. Housewalk, sidewalk and driveway; curb d. Area between walk and curb 1) Particular features(yard lights, shrubs, fences, trees, etc.) 2) Landscaping and decorative features. C POST CONSTRUCTION PHOTOGRAPHS 1. On completion of construction, provide photographs of any public or private property which has been repaired or restored and any damage which is or may be the subject of complaints. 1.09 PROJECT RECORD DOCUMENTS A Submit Project Record Documents in accordance with Section 01760— Project Record Documents. 1.10 VIDEO A Submit television video in DVD format as required in individual Technical Specifications. B Transmittal forms for video disks shall be numbered sequentially beginning with TO1, T02, T03, etc. 01/2008 01350 - 6 of 6 CITY OF PEARLAND SUBMITTALS 1.11 DESIGN MIXES A When specified, submit design mixes for review. B Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures", shall be placed on front page of each design mix. C Mark each design mix to identify proportions, gradations, and additives for each class and type of design mix submitted. Include applicable test results on samples for each mix. D Maintain a copy of approved design mixes at mixing plant. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 01/2008 01350 - 7 of 6 CITY OF PEARLAND CONSTRUCTION PHOTOGRAPHS Section 01380 CONSTRUCTION PHOTOGRAPHS 1.0 GENERAL 1.01 SECTION INCLUDES A Requirements for construction photographs and submittals. B References Technical Specifications: 1. Section 01100 — Summary of Work 2. Section 01350 — Submittals 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Construction Photographs under this Section. Include cost in Bid Items for installed Work. 1.03 SUBMITTALS A When required by Section 01100 — Summary of Work, submit photographs in accordance applicable provisions of this Section. B Make Submittals required by this and related Sections under the provisions of Section 01350 — Submittals. C Prepare three (3) prints of each view and submit two (2) prints directly to the Project Manager within seven (7) days of taking photographs. One (1) print shall be retained by the Contractor in the field office at the Project Site and available at all times for reference. D When requested by the Project Manager, the Contractor shall submit extra prints of photographs, for distribution directly to designated parties who will pay the costs for the extra prints directly to the photographer. E When required by individual Sections, submit photographs taken prior to start of the Work to show original Project Site conditions. F When required by Contract Documents, submit photographs with Application for Payment. G When required by individual Sections, submit photographs taken following completion of the Work to show the condition in which the Project Site will be left. H With each submittal, include photographic negatives in protective envelopes, identified by Project Name, Contractor, and date photographs were taken. 01/2008 01380 - 1 of 3 CITY OF PEARLAND CONSTRUCTION PHOTOGRAPHS 1.04 QUALITY ASSURANCE A Contractor shall be responsible for the timely execution of the photographs, their vantage point, direction of shot, and quality. 2.0 PRODUCTS 2.01 PHOTOGRAPHS A Photographs shall be digital quality and shall be submitted on a CD. B The photographs shall show on a non -elective chalkboard or white board, readable in the photograph: 1. Job number. 2. Date and time photographs were taken. 3. Location of the photograph, house number and street, along with the project number. C Indicate the condition of the following: 1. Esplanades and boulevards. 2. Yards (near side and far side of street). 3. House -walk and sidewalk. 4. Curb. 5. Area between walk and curb. 6. Particular features (yard lights, shrubs, fence, trees, etc.). 7. Date shall be on negative. 8. Provide notation of vantage point marked for location and direction of shot on a key plan of the Project Site. D Sufficient number of photographs shall be taken to show the existence or non- existence of cracked concrete and the condition of trees, shrubs and grass. E Identify each photograph with an applied label or rubber stamp on the back with the following information: 1. Name of the Project. 2. Name and address of the photographer (if a professional photographer is used). 3. Name of the Contractor. 4. Date the photograph was taken. 5. Photographs to be in plastic pockets and bound in three -ring notebook for easy access and viewing. 3.0 EXECUTION 3.01 PRECONSTRUCTION PHOTOGRAPHS A Prior to the commencement of the Work, take photographs of the entire route of the Project Site. 01/2008 01380 - 2 of 3 CITY OF PEARLAND CONSTRUCTION PHOTOGRAPHS 3.02 POST -CONSTRUCTION PHOTOGRAPHS A Following the completion of the Work, take photographs from corresponding vantage points and direction of shots. 3.03 PROGESS PHOTOGRAPHS A Take photographs at intervals, coinciding with the cutoff date associated with each Application for Payment and submit on CD with monthly Application for Payment. B Select the vantage points for each shot each month to best show the status of construction and progress since the last photographs were taken. Take not less than two (2) shots from the same vantage point creating a time -lapsed sequence. C Follow direction when given by the Project Manager in selecting vantage points. END OF SECTION 01/2008 01380 - 3 of 3 CITY OF PEARLAND REFERENCED STANDARDS Section 01420 REFERENCED STANDARDS 1.0 GENERAL 1.01 SECTION INCLUDES A General quality assurance as related to Reference Standards and a list of references. B References to Technical Specifications: None 1.02 QUALITY ASSURANCE A For Products or workmanship specified by association, trade, or Federal Standards comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B Conform to reference standard by date of issue current on the date as stated in Section 00700 — General Conditions of Agreement. C Request clarification from Engineer before proceeding should specified reference standards conflict with Contract Documents. 1.03 SCHEDULE OF REFERENCES AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, N.W. Washington, DC 20001 ACI AGC AI AITC American Concrete Institute P.O. Box 19150 Reford Station Detroit, MI 48219-0150 Associated General Contractors of America 1957 E Street, N.W. Washington, DC 20006 Asphalt Institute Asphalt Institute Building College Park, MD 20740 American Institute of Timber Construction 333 W. Hampden Avenue Englewood, CO 80110 02/2008 01420 - 1 of 5 CITY OF PEARLAND REFERENCED STANDARDS AISC AISI American Institute of Steel Construction 400 North Michigan Avenue, Eighth Floor Chicago, IL 60611 American Iron and Steel Institute 1000 16th Street, N.W. Washington, DC 20036 ASME American Society of Mechanical Engineers 345 East 47th Street New York, NY 10017 ANSI APA API American National Standards Institute 1430 Broadway New York, NY 10018 American Plywood Association Box 11700 Tacoma, WA 98411 American Petroleum Institute 1220 L Street, N.W. Washington, DC 20005 AREA American Railway Engineering Association 50 F Street, N.W. Washington, DC 20001 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 AWPA American Wood -Preservers' Association 7735 Old Georgetown Road Bethesda, MD 20014 AWS American Welding Society P.O. Box 35104 Miami, FL 33135 AWWA American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 02/2008 01420 - 2 of 5 CITY OF PEARLAND REFERENCED STANDARDS CLFMI Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue, N.W. Washington, DC 20036. CRD U.S.A. Corps of Engineers CRSI Code of Ordinances City of Pearland 3519 Liberty Drive Pearland, TX 77581 Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg, IL 60173-4758 EJMA Expansion Joint Manufacturers Association 707 Westchester Avenue White Plains, NY 10604 FDA U.S. Food and Drug Administration 5600 Fisher Lane Rockville, MD 20857-0001 FS ICEA IEEE Federal Standardization Documents General Services Administration, Specifications Unit (WFSIS) 7th and D Street S.W. Washington, DC 20406 Insulated Cable Engineer Association P.O. Box 440 S. Yarmouth, MA 02664 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 PCI SDI Portland Cement Association 5420 Old Orchard Road Skokie, IL 60077-1083 Prestressed Concrete Institute 201 North Wacker Drive Chicago, IL 60606 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 l lth Street Austin, TX 78701-2483 Texas MUTCD Texas Manual on Uniform Traffic Control Devices (2003 Adoption) (published by Texas Department of Transportation) UL Underwriters' Laboratories, Inc. 333 Pfingston Road Northbrook, IL 60062 UNI-BELL UNI-BELL Pipe Association 2655 Villa Creek Drive, Suite 155 02/2008 01420 - 4 of 5 CITY OF PEARLAND REFERENCED STANDARDS Dallas, TX 75234 WRI Wire Reinforcement Institute 942 Main Street — Suite 300 Hartford, CT 06103 WWD/PI Water Well Drillers and Pump Installers Advisory Council Texas Department of Licensing and Regulation P.O. Box 12157 Austin, TX 78711 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01420 - 5 of 5 CITY OF PEARLAND 1.0 GENERAL CONTRACTOR'S QUALITY CONTROL Section 01430 CONTRACTOR'S QUALITY CONTROL 1.01 SECTION INCLUDES A Quality assurance and control of installation and manufacturer's field services and reports. B References to Technical Specifications: 1. Section 01350 — Submittals 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 QUALITY ASSURANCE/CONTROL OF INSTALLATION A Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce the Work of specified quality at no additional cost to the Owner. B Comply fully with manufacturers' installation instructions, including each step in sequence. C Request clarification from Project Manager before proceeding should manufacturers' instructions conflict with Contract Documents. D Comply with specified Standards as minimum requirements for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E Perform work by persons qualified to produce the specified level of workmanship. F Obtain copies of Standards and maintain at Project Site when required by individual Technical Specifications. 1.04 MANUFACTURERS' FIELD SERVICES AND REPORTS A When specified in individual Technical Specifications, provide material or product suppliers' or manufacturers' technical representative to observe site conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, operator training, test, adjust, and balance of equipment as applicable, and to initiate operation, as required. Conform to minimum time requirements for start-up operations and operator training if defined in Technical Specifications. 02/2008 01430 - 1 of 2 CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL B At the Project Manager's request, submit qualifications of manufacturer's representative to Project Manager fifteen (15) days in advance of required representative's services. The representative shall be subject to approval of Project Manager. C Manufacturer's representative shall report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. Submit report within one (1) day of observation to Project Manager for review. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01430 - 2 of 2 CITY OF PEARLAND OBSERVATION SERVICES Section 01440 OBSERVATION SERVICES 1.0 GENERAL 1.01 SECTION INCLUDES A Observation services and references. B References to Technical Specifications: 1. Section 01450 — Testing Laboratory Services 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 INSPECTION A Project Manager will appoint an Observer as a representative of the Owner to oversee inspections, tests, and other services specified in individual Technical Specifications. B Alternately, Project Manager may appoint, employ, and pay an independent firm to provide additional observation or construction management services as indicated in Section 01450 — Testing Laboratory Services. C Reports will be submitted by the independent firm to Project Manager, Engineer, and Contractor, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. D Contractor shall assist and cooperate with the Observer; furnish samples of materials, design mix, equipment, tools, and storage. E Contractor shall notify Project Manager 24 hours prior to expected time for operations requiring services. Notify Engineer and independent firm when noted. F Contractor shall sign and acknowledge report for Observer. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 09/2009 01440 - 1 of 1 CITY OF PEARLAND TESTING LABORATORY SERVICES Section 01450 TESTING LABORATORY SERVICES 1.0 GENERAL 1.01 SECTION INCLUDES A Testing Laboratory Services and Contractor responsibilities related to those services. B References to Technical Specifications: 1. Section 01350 — Submittals C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 3740, "Practice for Evaluation of Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction" b. ASTM E 329, "Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials as Used in Construction" 1.02 SELECTION AND PAYMENT A Owner will select, employ, and pay for services of an independent testing laboratory to perform inspection and testing identified in individual Technical Specifications. B Employment of testing laboratory shall not relieve Contractor of obligation to perform work in accordance with requirements of Contract Documents. C Owner or designated representative shall schedule and monitor testing as required to provide timely results and to avoid delay to the Work. D Contractor shall be responsible for paying for services of commercial testing laboratory, with prior approval of Owner, to perform the following: 1. Pipe diameter deflection tests on all flexible and semi -rigid sanitary sewer collection system pipe installation 2. Laboratory services required to establish mix design proposed for use for Portland cement concrete, asphaltic concrete mixtures and other material mixes requiring control by testing laboratory when required because of change in source of materials or other conditions not caused by Owner. 3. Tests required to establish optimum moisture of earth and base materials and to determine required compactive effort to meet density requirements. 4. Cores to test for thickness. 5. Testing and inspection performed for the Contractor's convenience. 6. Retesting and repetitions of laboratory services when initial tests indicate work does not comply with requirements of Contract Documents. 04/2008 01450 - 1 of 3 CITY OF PEARLAND TESTING LABORATORY SERVICES 1.03 LABORATORY REPORTS A The Engineer will receive 1 copy, the Project Manager will receive 2 copies, and the Contractor will receive 2 copies of Laboratory Reports from the testing laboratory. One of the Contractor's copies shall remain at the Project Site for duration of Project. Test results which indicate non-conformance shall be transmitted immediately via fax from the testing laboratory to the Contractor and Project Manager. 1.04 LIMITS ON TESTING LABORATORY AUTHORITY A Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B Laboratory may not approve or accept any portion of the Work. C Laboratory may not assume any duties of Contractor. D Laboratory has no authority to stop the Work. 1.05 CONTRACTOR RESPONSIBILITIES A Notify Project Manager and laboratory 24 hours prior to expected time for operations requiring inspection and testing services. Notify Engineer if specification section requires the presence of the Engineer. B Cooperate with laboratory personnel in collecting samples to be tested or collected on Project Site. C Provide access to the Work and to manufacturer's facilities. D Provide samples to laboratory in advance of their intended use to allow thorough examination and testing. E Provide incidental labor and facilities for access to the Work to be tested; to obtain and handle samples at the site or at source of products to be tested; and to facilitate tests and inspections including storage and curing of test samples. F Arrange with laboratory and pay for: 1. Retesting required for failed tests. 2. Retesting for nonconforming Work. 3. Additional sampling and tests requested by Contractor for his own purposes. 2.0 PRODUCTS - Not Used 3.0 EXECUTION 04/2008 01450 - 2 of 3 CITY OF PEARLAND TESTING LABORATORY SERVICES 3.01 CONDUCTING TESTING A Laboratory sampling and testing shall conform to ASTM D 3740 and ASTM E 329, as well as other test standards specified in individual Technical Specifications. END OF SECTION 04/2008 01450 - 3 of 3 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Section 01500 TEMPORARY FACILITIES AND CONTROLS 1.0 GENERAL 1.01 SECTION INCLUDES A Temporary facilities and the necessary controls for the Work including utilities, telephone, sanitary facilities, field office, storage sheds and building, safety requirements, first aid equipment, fire protection, security measures, protection of the Work and property, access roads and parking, environmental controls, disposal of trash, debris, and excavated material, pest and rodent control, water runoff and erosion control. B References to Technical Specifications: Section 00200 — Instructions to Bidders Section 01100 — Summary of Work Section 01350 — Submittals Section 01566 — Source Controls for Erosion & Sedimentation Section 01100 — Summary of Work Section 01600 — Material & Equipment Section 01570 — Trench Safety System Section 01555 — Traffic Control & Regulation Section 01720 — Field Surveying Section 01563 — Tree & Plant Protection Section 01564 — Control of Ground Water & Surface Water Section 13730- Computer Equipment C Referenced Standards: Occupational Safety and Health Administration (OSHA) National Fire Protection Association (NFPA) Code of Ordinances, City of Pearland, Texas D Definitions: Underground Structures - sewer, water, gas, and other piping, and manholes, chambers, electrical and signal conduits, tunnels, and other existing subsurface installations located within or adjacent to the limits of the Work. Surface Structures - existing buildings, structures and other constructed installations above the ground surface. Included with such structures are their foundations or any extension below the surface. Surface structures include, but are not limited to buildings, tanks, walls, bridges, roads, dams, channels, open drainage, piping, poles, 12-2- 2011 01500 - 1 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS wires, posts, signs, markers, curbs, walks, guard cables, fencing, and other facilities that are visible above the ground surface. 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.04 CONTRACTOR'S RESPONSIBILITY A The facilities and controls specified in this Section are considered minimum for the Work. The Contractor may provide additional facilities and controls for the proper execution of the Work and to meet Contractor's responsibilities for protection of persons and property. B Comply with applicable requirements specified in other Technical Specifications. Maintain and operate temporary facilities and systems to assure continuous service. Modify and extend systems as Work progress requires. Completely remove temporary materials and equipment when their use is no longer required. Restore existing facilities used for temporary services to specified or to original condition. 1.05 TEMPORARY UTILITIES A Temporary Service Make arrangements with utility service companies for such temporary services as are necessary to construct the work and manage the site. Abide by rules and regulations of the utility service companies or authorities having jurisdiction. Be responsible for utility service costs until the Work is Substantially Complete. Included are fuel, power, light, heat, and other utility services necessary for execution, completion, testing, and initial operation of the Work. B Water Provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices, or for other use as required for proper completion of the Work. For water to be drawn from public water supply, obtain special permit or license and meter from the proper City officials. For facilities under construction, establish a 12-2-2011 01500 - 2 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS water/sewer billing account with City's Utility Billing Department. A deposit based on rates established by latest ordinance will be required. For water drawn from fire hydrants, apply for and receive a construction water meter from City' Public Works Department. Identify specific location for construction water meter installation. Once installed, water meter may not be moved without notification of Public Works Department. Install backflow preventer on fire hydrant supply if not included in City provided meter. Provide and maintain an adequate supply of potable water for domestic consumption by Contractor personnel. C Electricity and Lighting 1 Provide temporary electric power service in Contractor's name, as required for the prosecution of the Work, including testing of Work. Provide power for lighting, operation of the Contractor's equipment, or for any other use by Contractor or as necessary to maintain any of Owner's on -going operations as may continue on the site during any scheduled shutdown. Minimum lighting level shall be 5 foot-candles for open areas; 10 foot-candles for stairs and shops. 2 Provide permanent electric power service, in the Contractor's name, to the work or site as and when required by the schedule of the work to achieve Substantial Completion or Partial Substantial Completion. Contractor to establish service billing in its name and transfer service and billing to the Owner upon acceptance of the work as Substantially Complete and suitable for beneficial occupancy by the Owner. D Natural Gas Provide and pay for natural gas service to the work as and when required by the schedule to achieve Substantial Completion. Contractor to establish service billing in its name and transfer service and billing to the Owner upon acceptance of the work as Substantially Complete and suitable for beneficial occupancy by the Owner. E Temporary Heat and Ventilation Provide temporary heat as necessary for protection or completion of the Work. Provide temporary heat and ventilation to assure safe working conditions; maintain enclosed areas at a minimum of 50 degrees F. F Telephone Provide emergency telephone service at the Project Site for use by Contractor personnel and others performing work or furnishing services. G Sanitary Facilities Provide and maintain sanitary facilities for persons on the Project Site, in compliance with federal, state, and local regulations. Locate toilets on the Project Site near the work and secluded from view insofar as possible. Keep toilets clean and supplied throughout the course of the Work. 12-2- 2011 01500 - 3 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Enforce the use of sanitary facilities by construction personnel at the Project Site. Such facilities shall be enclosed. Pit -type toilets will not be permitted. No discharge will be allowed from these facilities. Collect and store sewage and waste so as not to cause a nuisance or health problem; have sewage and waste hauled off -site and properly disposed in accordance with local regulations. Control areas where sanitary facilities are located in conformance with Section 01566 — Source Controls for Erosion & Sedimentation. 1.06 FIELD OFFICE A Provision of a Field Office and other specific temporary facilities as required in paragraph B below UNLESS otherwise stated in Section 00800 - Special Conditions of the Agreement, or Section 01100 — Summary of Work. Provide for transportation, move -in, set-up, tie -down and, when project is complete, removal and move -out. The Contractor shall confirm location of office and other temporary facilities with Owner's Representative at Pre -Construction Meeting prior to delivery and set up. Location of temporary facilities shall be approved by the Owner's Representative by way of the submittal process. B. At a minimum, the Contractor's field office shall provide for, contain or serve to: provide a secured space for project administrative operations, periodic progress meetings, on -site storage for project files and plans, office space for CONTRACTOR's field supervisory personnel and provide a separate securable office space for OWNER's Representative including: meeting table and chairs, a single two drawer filing cabinet, a built-in drawing table and plan holders. Provide electric lighting and HVAC to the mobile office. 1. Field Office shall provide for, at a minimum, a high speed internet connection for use by Owner's Representative or Construction Manager as controlled by Paragraph A above. 1.07 STORAGE OF MATERIALS A Provide for storage of materials under the provisions of Section 01600 — Material & Equipment. 1.08 SAFETY REQUIREMENTS A Contractor shall prepare, submit and follow a Safety Program that complies with federal, state, and local safety codes, statutes, and practices. Include in the Safety Program documented response to excavation, embankment, and trench safety requirements as specified in Section 01570 — Trench Safety System. B Conduct operations in strict accord with applicable federal, state and local safety codes and statutes and with good construction practice. The Contractor is fully responsible and obligated to establish and maintain procedures for safety of all work, personnel and equipment involved in the Work. C Observe and comply with Texas Occupational Safety Act (Art. 5182a, V.C.S.) and with all safety and health standards promulgated by Secretary of Labor under Section 12-2- 2011 01500 - 4 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 107 of Contract Work Hours and Standards Act, published in OSHA Standards - 29 CFR, Part 1926, and adopted by Secretary of Labor under the Williams -Steiger Occupational Safety and Health Act of 1970, and to any other legislation enacted for safety and health of Contractor employees. Such safety and health standards apply to subcontractors and their employees as well as to the Contractor and its employees. D Observance of and compliance with the regulations shall be solely and without qualification the responsibility of the Contractor without reliance or superintendence of or direction by the Engineer or the Engineer's representative. Immediately advise the Engineer of investigation or inspection by Federal Safety and Health inspectors of the Contractor or subcontractor's work or place of work on the Project Site under this Contract, and after such investigation or inspection, advise the Engineer of the results. Submit one copy of accident reports to Engineer within ten (10) days of occurrence. E Protect areas occupied by workmen using the best available devices for detection of lethal and combustible gases. Test such devices frequently to assure their functional capability. Constantly observe infiltration of liquids into the Work area for visual or odor evidence of contamination. Take immediate and appropriate steps to seal off entry of contaminated liquids to the Work area. F Safety measures, including but not limited to safety personnel, first -aid equipment, ventilating equipment and safety equipment, in the Plans and Technical Specifications are obligations of the Contractor. G Maintain required coordination with the local Police and Fire Departments during the entire period covered by the Contract. 1.09 FIRST AID EQUIPMENT A Provide a first aid kit throughout the construction period. List telephone numbers for physicians, hospitals, and ambulance services in each first aid kit. B Have at least one person thoroughly trained in first aid procedures present on the Project Site whenever work is in progress. 1.10 FIRE PROTECTION A Fire Protection Standards. Conform to specified fire protection and prevention requirements as well as those that may be established by Federal, State, or local governmental agencies. B. Comply with all applicable provisions of NFPA Standard No. 241, Safeguarding Building Construction and Demolition Operations. Provide portable fire extinguishers, rated not less than 2A or 5B in accordance with NFPA Standard No. 10, Portable Fire Extinguishers, for each temporary building, and for every 3000 square feet of floor area of facilities under construction. Locate portable fire extinguishers within 50 feet maximum from any point on the Project Site. 12-2- 2011 01500 - 5 of 10 CITYOFPEARLAND TEMPORARY FACILITIES AND CONTROLS C. Fire Prevention and Safety Measures. Prohibit smoking in hazardous areas. Post suitable warning signs in areas that are continuously or intermittently hazardous. Use metal safety containers for storage and handling of flammable and combustible liquids. Do not store flammable or combustible liquids in or near stairways or exits. Maintain clear exits from all points within a structure. 1.11 SECURITY MEASURES A Protect all materials, equipment, and property associated with the Work from loss, theft, damage, and vandalism. Contractor's duty to protect property includes Owner's property. B If existing fencing or barriers are breached or removed for purposes of construction, provide and maintain temporary security fencing equal to existing as approved by Owner's Representative. 1.12 PROTECTION OF PUBLIC UTILITIES A Prevent damage to existing public utilities during construction. These utilities are shown on the Plans at their approximate locations. Give owners of these utilities at least 48 hours notice before commencing Work in the area, for locating the utilities during construction, and for making adjustments or relocation of the utilities when they conflict with the proposed Work. 1.13 PROTECTION OF PEOPLE AND PROPERTY A Preventive Actions. Take precautions, provide programs, and take actions necessary to protect the Work and public and private property from damage. Take action to prevent damage, injury or loss, including, but not limited to, the following: a. Store apparatus, materials, supplies, and equipment in an orderly, safe manner that will not unduly interfere with progress of the Work or the Work of any other contractor, any utility service company, or the Owner's operations. b. Provide suitable storage for materials that are subject to damage by exposure to weather, theft, breakage, or otherwise. c. Place upon the Work or any part thereof only such loads as are consistent with the safety of that portion of the Work. d. Frequently clean up refuse, rubbish, scrap materials, and debris caused by construction operations, keeping the Work safe and orderly. e. Provide safe barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways, and other hazardous areas. 12-2- 2011 01500 - 6 of 10 CITYOFPEARLAND TEMPORARY FACILITIES AND CONTROLS Obtain written consent from proper parties before entering or occupying with workers, tools, materials or equipment, privately owned land except on easements provided for construction. Assume full responsibility for the preservation of public and private property on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect, or misconduct in execution of the Work by the Contractor, it shall be restored by the Contractor to a condition equal to or better than that existing before the damage was done. B Barricades and Warning Signals. Where Work is performed on or adjacent to any roadway, right-of-way, or public place, furnish and erect barricades, fences, lights, warning signs, and danger signals; provide watchmen; and take other precautionary measures for the protection of persons or property and protection of the Work. Conform to Section 01555 — Traffic Control & Regulation. C Preserving Control Points Maintain permanent benchmarks, public or private elevation or property demarcation and control monumentation, or other reference points. Unless otherwise directed in writing, replace at no cost to the Owner, those monuments, property corners or other permanent demarcations that are damaged or destroyed in accordance with Section 01720 — Field Surveying. D Tree and Plant Protection. Protect trees, shrubs, lawns, outside of grading limits and within the grading limits as designated on the Plans, and in accordance with requirements of Section 01563 — Tree & Plant Protection. E Protection of Underground and Surface Structures Known underground structures, including water, sewer, electric, and telephone services are shown on the Plans in accordance with the best information available, but is not guaranteed to be correct or complete. Contractor is responsible for making Locate Calls. Explore ahead of trenching and excavation work and uncover obstructing underground structures sufficiently to determine their location, to prevent damage to them and to prevent interruption of utility services. Restore to original condition damages to underground structure at no additional cost to the Owner. Immediately notify the agency or company owning any existing utility which is damaged, broken, or disturbed. Obtain approval from the Engineer and agency for any repairs or relocations, either temporary or permanent. Necessary changes in location of the Work may be made by the Engineer to avoid unanticipated underground structures. If permanent relocation of an underground structure or other subsurface installations is required and not otherwise provided for in the Contract Documents, the Engineer will direct Contractor in writing to perform the Work, which shall be paid for under the 12-2-2011 01500-7of10 CITYOFPEARLAND TEMPORARY FACILITIES AND CONTROLS provisions for changes in the Contract Price as described in Section 00700 — General Conditions of Agreement. Support in place and protect from direct or indirect injury to underground and surface structures located within or adjacent to the limits of the Work. Install such supports carefully and as required by the party owning or controlling such structure. Before installing structure supports, Contractor shall satisfy the Engineer that the methods and procedures to be used have been approved by the owner of the structure. Avoid moving or in any way changing the property of public utilities or private service corporations without prior written consent of a responsible official of that service or public utility. Representatives of these utilities reserve the right to enter within the limits of this project for the purpose of maintaining their properties, or of making such changes or repairs to their property that may be considered necessary by performance of this Contract. Notify the owners and/or operators of utilities and pipelines of the nature of construction operations to be performed and the date or dates on which those operations will be performed. When construction operations are required in the immediate vicinity of existing structures, pipelines, or utilities, give a minimum of five (5) working days advance notice. Probe and flag the location of underground utilities prior to commencement of excavation. Keep flags in place until construction operations reach and uncover the utility. Assume risks attending the presence or proximity of underground and surface structures within or adjacent to the limits to the Work including but not limited to damage and expense for direct or indirect injury caused by the Work to any structure. Immediately repair damage caused, to the satisfaction of the owner of the damaged structure. 1.14 PROTECTION OF THE WORK Provide protection of installed products to prevent damage from subsequent operations. Remove protection facilities when no longer needed, prior to completion of the Work. Control traffic to prevent damage to equipment, materials, and surfaces. 1.15 ROADS AND PARKING A Prevent interference with traffic and Owner operations on existing roads. B Minimize use of existing streets and driveways by construction traffic. C Control traffic to prevent damage to equipment, materials, and surfaces. D Construct and maintain temporary detours, ramps, and roads to provide for normal public traffic flow when use of public roads or streets is closed by necessities of the Work. E Provide mats or other means to prevent overloading or damage to existing roadways from tracked equipment or exceptionally large or heavy trucks or equipment 12-2- 2011 01500 - 8 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS F Designate temporary parking areas to accommodate construction personnel. When site space is not adequate, provide additional off -site parking. Locate as approved by Engineer. G Do not allow heavy vehicles or construction equipment unnecessarily in existing parking areas. 1.16 ENVIRONMENTAL CONTROLS A Provide and maintain methods, equipment, and temporary construction as necessary for controls over environmental conditions at the construction site and adjacent areas. B Comply with statutes, regulations, and ordinances which relate to the proposed Work for the prevention of environmental pollution and preservation of natural resources, including but not limited to the National Environmental Policy Act of 1969, PL 91- 190, Executive Order 11514. C Provide, install and maintain storm water runoff control including but not limited to temporary entrance, silt fencing, etc. as specified in Contract Documents. D Recognize and adhere to the environmental requirements of the Project. Disturbed areas shall be strictly limited to boundaries established by the Contract Documents. Burning of rubbish, debris or waste materials is not permitted. 1.17 POLLUTION CONTROL A Provide methods, means, and facilities required to prevent contamination of soil, water or atmosphere by discharge of noxious substances from construction operations. B Provide equipment and personnel to perform emergency measures required to contain any spillage, and to remove contaminated soils or liquids. Excavate and dispose of any contaminated earth off -site, and replace with suitable compacted fill and topsoil. C Take special measures to prevent harmful substances from entering receiving streams or storm water conveyance systems in conformance with TPDES requirements and Section 01566 — Source Controls for Erosion & Sedimentation. D Provide systems for control of atmospheric pollutants. Prevent toxic concentrations of chemicals. Prevent harmful dispersal of pollutants into the atmosphere. E Use equipment during construction that conforms to current federal, state, and local laws and regulations. 1.18 PEST AND RODENT CONTROL A Provide rodent and pest control as necessary to prevent infestation of Project Site. B Employ methods and use materials which will not adversely affect conditions at the Project Site or adjoining properties. 12-2- 2011 01500 - 9 of 10 CITYOFPEARLAND TEMPORARY FACILITIES AND CONTROLS 1.19 NOISE CONTROL A Provide vehicles, equipment, and construction activities that minimize noise to the greatest degree practicable. Noise levels shall conform to OSHA Standards - 29 CFR and in no case will noise levels be permitted which create a nuisance in the surrounding neighborhoods. B Conduct construction operations during daylight hours from 7:30 a.m. to 6:00 p.m. except as approved by Engineer. C Comply with Chapter 19 NOISE, Codes of Ordinances, City of Pearland, Texas. 1.20 DUST CONTROL A Control objectionable dust caused by operation of vehicles and equipment under the provisions of Section 01566 — Source Controls for Erosion & Sedimentation. 1.21 WATER RUNOFF AND EROSION CONTROL A Provide methods to control surface water, runoff, subsurface water, and water pumped from excavations and structures to prevent damage to the Work, the Project Site, or adjoining properties in accordance with Section 01564 — Control of Ground Water & Surface Water and Section 01566 — Source Controls for Erosion & Sedimentation. B Inspect earthwork periodically to detect any evidence of the start of erosion. Apply corrective measures as required to control erosion. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 12-2- 2011 01500 - 10 of 10 CITY OF PEARLAND MOBILIZATION Section 01505 MOBILIZATION 1.1 GENERAL 1.2 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) 1.3 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) D. Payment for 15% of the Mobilization lump sum bid item may be included in the third monthly Application for Payment. E. Payment for the remaining 10% of the Mobilization lump sum bid item may be included in the fourth monthly Application for Payment. F. For contracts with a duration of less than 120 days, payment for the remaining 50% 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 items listed in B. and C. above, as applicable. 08/2018 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. 2.1 PRODUCTS 2.2 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. 3.1 EXECUTION 3.2 PLACEMENT OF PROJECT IDENTIFICATION SIGNS A. Place a Project Identification Sign as described in Section 01580, part 1.03, D visible to passing traffic or as directed by Engineer. END OF SECTION 08/2018 01505 - 1 of 1 CITY OF PEARLAND 1.0 GENERAL STABILIZED CONSTRUCTION EXITS Section 01550 STABILIZED CONSTRUCTION EXITS 1.01 SECTION INCLUDES A Installation of erosion and sediment control for Stabilized Construction Exits used during construction and until final development of the Project site. B References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01562 — Waste Material Disposal 3. Section 01565 — TPDES Requirements 4. Section 01566 — Source Controls for Erosion & Sedimentation C Referenced Standards: 1. American Society of Testing and Materials (ASTM) a. ASTM D 4632, "Standard Test Method for Grab Breaking Load and Elongation of Geotextiles" 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required in this Section under the provisions of Section 01350 — Submittals. B Manufacturer's catalog sheets and other product data on Geotextile fabric. C Sieve analysis of aggregates conforming to requirements in this Section, 2.02 "Course Aggregates". 2.0 PRODUCTS 2.01 GEOTEXTILE FABRIC A Provide woven or non -woven geotextile fabric made of either polypropylene, polyethylene, ethylene, or polyamide material. B By ASTM D 4632, geotextile fabric shall have a minimum grab strength of 270 psi any principal direction, and the equivalent opening size between 50 and 140. C Both the geotextile and threads shall be resistant to chemical attack, mildew, and rot and shall contain ultraviolet ray inhibitors and stabilizers to provide a minimum of 6 months of expected usable life at a temperature range of 0°F to 120°F. 12/2015 01550 - 1 of 3 CITY OF PEARLAND STABILIZED CONSTRUCTION EXITS D Representative Manufacturers: Mirafi, Inc., Or -Equal. 2.02 COARSE AGGREGATES A Coarse aggregate shall consist of crushed stone, gravel, concrete, crushed blast furnace slag, or a combination of these materials. Aggregate shall be composed of clean, hard, durable materials free from adherent coatings, salt, alkali, dirt, clay, loam, shale, soft or flaky materials, or organic and injurious matter. B Course aggregates shall be open graded with a size 3" to 6". 3.0 EXECUTION 3.01 PREPARATION AND INSTALLATION A The Contractor shall provide stabilized construction exits at the construction, staging, parking, storage, and disposal areas to keep the street clean of mud carried by construction vehicle and equipment. Such erosion and sediment controls shall be constructed in accordance with the requirements shown on the Plans and specified in this Section. B Erosion and sediment control measures shall be in place prior to the start of any Work that exposes the soil, other than as specifically directed by the Engineer to allow soil testing and surveying. C Maintain existing erosion and sediment control systems located within the Project Site until acceptance of the Work or until directed by the Engineer to remove and discard the existing system. Maintenance shall be performed routinely to remove soil build up or, as required by the Engineer. D Regularly inspect and repair or replace components of stabilized construction exits. Unless otherwise directed, maintain them until the Work is accepted by the Owner. Remove stabilized construction exits promptly when directed by the Engineer. Discard removed materials in accordance with Section 01562 — Waste Material Disposal. E Equipment and vehicles shall be prohibited by the Contractor from maneuvering on areas outside of dedicated rights -of -way and easements for construction. Damage caused by construction traffic to erosion and sediment control systems, including vegetative systems shall be repaired immediately. F Conduct all construction operations under this Contract in conformance with the erosion control practices described in the Section 01566 - Source Controls for Erosion & Sedimentation and Section 01565 TPDES Requirements. 3.02 CONSTRUCTION METHODS A Provide stabilized access roads, subdivision roads, parking areas, and other on -site vehicle transportation routes where shown on Plans. 12/2015 01550 - 2 of 3 CITY OF PEARLAND STABILIZED CONSTRUCTION EXITS B Provide stabilized construction exits, and truck washing areas when approved by Engineer, of the sizes and locations where shown on Plans or as specified in this Section. C Vehicles leaving construction areas shall have their tires cleaned to remove sediment prior to entrance onto public right-of-way. When washing is needed to remove sediment, Contractor shall construct a truck washing area. Truck washing shall be done on stabilized areas which drain into a drainage system protected by erosion and sediment control measures. D Details for Stabilized Construction Exits are shown on the Plans. Construction of all other stabilized areas shall be to the same requirements. Roadway width shall be at least 14 feet for one-way traffic and 20 feet for two-way traffic and shall be sufficient for all ingress and egress. Furnish and place geotextile fabric as a permeable separator to prevent mixing of coarse aggregate with underlying soil. Exposure of geotextile fabric to the elements between laydown and cover shall be a maximum of 14 days to minimize damage potential. E Roads and parking areas shall be graded to provide sufficient drainage away from stabilized areas. Use sandbags, gravel, boards, or similar methods to prevent sediment from entering public right-of-way, receiving stream or storm water conveyance system. F The stabilized areas shall be inspected and maintained daily. Provide periodic top dressing with additional coarse aggregates to maintain the required depth. Repair and clean out damaged control measures used to trap sediment. All sediment spilled, dropped, washed, or tracked onto public right-of-way shall be removed immediately. G The length of the stabilized area shall be as shown on the Plans, but not less than 50 feet. The thickness shall not be less than 8 inches. The width shall not be less than full width of all points of ingress or egress. H Stabilization for other areas shall have the same coarse aggregate, thickness, and width requirements as the stabilized construction exit, except where shown otherwise on the Plans. I Stabilized area may be widened or lengthened to accommodate truck washing area when authorized by Engineer. J Alternative methods of construction may be utilized when shown on Plans, or when approved by the Engineer. END OF SECTION 12/2015 01550 - 3 of 3 CITYOFPEARLAND PROJECT IDENTIFICATION SIGNS Section 01580 PROJECT IDENTIFICATION SIGNS 1.0 GENERAL 1.01 SECTION INCLUDES A Project identification sign description. B. Installation. C. Maintenance and removal. 1.02 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. 1.03 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 CITYOFPEARLAND 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. 1.04 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 2.01 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 top 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 CITY OF PEARLAND 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 3.01 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. 3.02 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. END OF SECTION 10/2014 01580-3 CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS PROJECT IDENTIFICATION SIGN EXHIBIT CITY OF PEARLAND CAPITAL PROJECT MAYOR TOM IEID COIDIOE POSITION 1: TONT CAIIONI COUNOA PORTION 2: SCOTT SHUMAN COUNCIL POSITION S: WILY MOORE MATOI ►10 TIM: IBTH 0I1:E611AUS COUNCIL POSITION m DOW0 NIA CRT MANAGER CUT PUSSON DIPUT1 CRT MANAGES, ION HANSON ASS! CRY MARACAS: MINT l►MISON PROJECT NAME LOCATED HERE PROJECT NO. 12345678 PROJECT SCHEDULE: MONTH/YEAR BUDGET: $DOLLAR AMOUNT ENGINEER/ARCHITECT: NAME GOES HERE CONTRACTOR: CONTRACTOR NAME GOES HERE pearlandtx.gov/departments/engineering-capital-projects/projects SPECIAL NOTE: CONTACT CITY SECRETARY FOR CURRENT COUNCIL NAMES SINGLE SIDE MDO 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.. First Ur Impression $Tls.wn-.x t'YM rtaxA�c'E S7'se+ MI a42 Si% TS,8.464A48 lu Capital Improvement Signage Layout ADDRESS Various Pearland, Texas °An October 2014 MURATA capital improvement 4x8 blank template October 2014 p: M AEAANI6471.I16tlP31111 fE2".JG OUTEIVCAN7K,YQl AWNO.i:1E6Ra 91059% R0.TIFIESNII SEA I SESKdI SC 120 VOLT ELECTRICAL SERVICE PANT TO PROVIDE ALL PRIMARY ELECTTOVN SERVICES TO THE SIGN UNLESS OTHERVMSE SPECIFIED CLIENT APPROVAL 10/2014 01580-4 CITY OF PEARLAND MATERIAL AND EQUIPMENT Section 01600 MATERIAL AND EQUIPMENT 1.0 GENERAL 1.01 SECTION INCLUDES A Requirements for transportation, delivery, handling, and storage of materials and equipment. B References to Technical Specifications: 1. Section 01566 — Source Controls for Erosion & Sedimentation 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this work is a component. 1.03 PRODUCTS A Products: Means material, equipment, or systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components designated for reuse. B Do not reuse materials and equipment, designated to be removed, except as specified by the Contract Documents. C Provide equipment and components from the fewest number of manufacturers as is practical, in order to simplify spare parts inventory and to allow for maximum interchangeability of components. For multiple components of the same size, type or application, use the same make and model of component throughout the Work. 1.04 TRANSPORTATION A Make arrangements for transportation, delivery, and handling of equipment and materials required for timely completion of the Work. B Transport and handle products in accordance with instructions. C Consign and address shipping documents to the proper party giving name of Project, street number, and City. Shipments shall be delivered to the Contractor. 1.05 DELIVERY A Arrange deliveries of products to accommodate the Construction Schedule and in ample time to facilitate inspection prior to installation. Avoid deliveries that cause lengthy storage or overburden of limited storage space. 07/2006 01600 - 1 of 3 CITY OF PEARLAND MATERIAL AND EQUIPMENT B Coordinate deliveries to avoid conflict with Work and conditions at the Project Site and to accommodate the following: 1. Work of other contractors or the Owner. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. Owner's use of premises. C Have products delivered to the Project Site in manufacturer's original, unopened, labeled containers. D Immediately upon delivery, inspect shipment to assure: 1. Product complies with requirements of Contract Documents. 2. Quantities are correct. 3. Containers and packages are intact; labels are legible. 4. Products are properly protected and undamaged. 1.06 PRODUCT HANDLING A Coordinate the off-loading of materials and equipment delivered to the Project Site. If necessary to move stored materials and equipment during construction, Contractor shall relocate materials and equipment at no additional cost to the Owner. B Provide equipment and personnel necessary to handle products, including those provided by the Owner, by methods to prevent damage to products or packaging. C Provide additional protection during handling as necessary to prevent breaking scraping, marring, or otherwise damaging products or surrounding areas. D Handle products by methods to prevent over bending or overstressing. E Lift heavy components only at designated lifting points. F Handle materials and equipment in accordance with Manufacturer's recommendations. G Do not drop, roll, or skid products off delivery vehicles. Hand carry or use suitable materials handling equipment. 1.07 STORAGE OF MATERIAL A Store and protect materials in accordance with manufacturer's recommendations and requirements of these Technical Specifications. Control storage of potential water pollutants in conformance with Section 01566 — Source Controls for Erosion & Sedimentation. B Make necessary provisions for safe storage of materials and equipment. Place loose soil materials, and materials to be incorporated into the Work to prevent damage to any part of the Work or existing facilities and to maintain free access at all times to all parts of the Work and to utility service company installations in the vicinity of the Work. 07/2006 01600 - 2 of 3 CITY OF PEARLAND MATERIAL AND EQUIPMENT C Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors, public travel, adjoining owners, tenants, and occupants. Arrange storage in a 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 weather damage. E Restrict storage to areas available on the construction site for storage of material and equipment as shown on Plans or approved by the Project Manager. F Provide off -site storage and protection when on -site storage is not adequate. G Do not use lawns, grass plots, or other private property for storage purposes without written permission of the owner or other person in possession or control of such premises. Damage to lawns, sidewalks, streets or other improvements shall be repaired or replaced to the satisfaction of the Project Manager. H Protect stored materials and equipment against loss or damage. I Store materials in manufacturers' unopened containers. J Materials delivered and stored along the line of the Work shall be not closer than 3 feet to any fire hydrant. Public and private drives and street crossings shall be kept open. K The total length which materials may be distributed along the route of construction at any one time is 1000 lineal feet, unless otherwise approved in writing by the Project Manager. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - Not Used END OF SECTION 07/2006 01600 - 3 of 3 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS Section 01630 PRODUCT OPTIONS AND SUBSTITUTIONS 1.0 GENERAL 1.01 SECTION INCLUDES A Options for making product or process selections. B Procedures for proposing equivalent construction products or processes, including pre - approved, and approved products or processes C References to Technical Specifications: 1. Section 01350 — Submittals 1.02 SUBMITTALS A Make Submittals required by this and related Sections under the provisions of Section 01350 — Submittals. 1.03 DEFINITIONS A Product: Means, materials, equipment, or systems incorporated into the Work. Product does not include machinery and equipment used for production, fabrication, conveying, and erection of the Work. Products may also include existing materials or components designated for re -use. B Process: Any proprietary system or method for installing system components resulting in an integral, functioning part of the Work. For this Section, the word Product includes Processes. 1.04 SELECTION OPTIONS A Pre -approved Products: Products of certain manufacturers or suppliers are designated in the Technical Specifications as "pre -approved". Products of other manufacturers or suppliers will not be acceptable under this Contract and will not be considered under the submittal process for approving alternate products. B Approved Products: Products of certain manufacturers or suppliers designated in the Technical Specifications followed by the words "or approved equal". Approval of alternate products not listed in the Technical Specifications may be obtained through provisions of this Section and Section 01350 — Submittals. The procedure for approval of alternate products is not applicable to Pre -approved Products. C Product Compatibility: To the maximum extent possible, provide products that are of the same type or function from a single manufacturer, make, or source. Where more than one choice is available as a Contractor's option, select a product which is compatible with other products already selected, specified, or in use by the Owner. 07/2006 01630 - 1 of 3 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS 1.05 CONTRACTOR'S RESPONSIBILITY A Furnish information the Engineer deems necessary to judge equivalency of the alternate product. B Pay for laboratory testing as well as any other review or examination cost needed to establish the equivalency between products which enables the Engineer to make such a judgment. C If the Engineer determines that an alternate product is not equivalent to that named in the Technical Specifications, the Contractor shall furnish one of the specified products. 1.06 ENGINEER'S REVIEW A Alternate products may be used only if approved in writing by the Engineer. The Engineer's determination regarding acceptance of a proposed alternate product is final. B Alternate products will be accepted if the product is judged by the Engineer to be equivalent to the specified product or to offer substantial benefit to the Owner. C The Owner retains the right to accept any product deemed advantageous to the Owner, and similarly, to reject any product deemed not beneficial to the Owner. 1.07 SUBSTITUTION PROCEDURE A Collect and assemble technical information applicable to the proposed product to aid in determining equivalency as related to the Approved Product specified. B Submit a written request for a product to be considered as an alternate product along with the product information within fourteen (14) days after the Effective Date of the Agreement. C After the submittal period has expired, requests for alternate products will be considered only when a specified product becomes unavailable because of conditions beyond the Contractor's control. D Submit 5 copies of each request for alternate product approval. Include the following information: 1. Complete data substantiating compliance of proposed substitution with Contract Documents. 2. For products: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature with product description, performance and test data, and reference standards. c. Samples, as applicable. d. Name and address of similar projects on which product was used and date of installation. Include the name of the Owner, Architect/Engineer, and installing contractor. 07/2006 01630 - 2 of 3 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS 3. For construction methods: a. Detailed description of proposed method. b. Shop Drawings illustrating methods. 4. Itemized comparison of proposed substitution with product or method specified. 5. Data relating to changes in Construction Schedule 6. Relationship to separate contracts, if any. 7. Accurate cost data on proposed substitution in comparison with product or method specified. 8. Other information requested by the Engineer. E Approved alternate products will be subject to the same review process as the specified product would have been for Shop Drawings, Product Data, and Samples. 2.0 PRODUCTS -Not Used 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01630 - 3 of 3 CITY OF PEARLAND STARTING SYSTEMS Section 01750 STARTING SYSTEMS 1.0 GENERAL 1.01 SECTION INCLUDES A Starting systems. B Demonstration and instructions. C Testing, adjusting, and balancing. D References to Technical specifications: 1. Section 01350 — Submittals 2. Section 01430 — Contractor's Quality Control 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit a written report that equipment or system has been properly installed and is functioning correctly. 2.0 PRODUCTS -Not Used 3.0 EXECUTION 3.01 PREPARATION A Contractor shall conduct all start-up operations under this Contract in conformance with Section 01430 — Contractor's Quality Control. B Coordinate schedule for start-up of various equipment and systems. C Notify Engineer 7 days prior to startup of each item. D Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, or other conditions which may cause damage. E Verify that tests, meter readings, and specified electrical characteristics agree with those required by the equipment or system manufacturer. 07/2006 01750 - 1 of 2 CITY OF PEARLAND STARTING SYSTEMS F Verify wiring and support components for equipment are complete and tested. G Execute start-up under Contractor's supervision in accordance with manufacturer's instructions. H When specified in individual specification sections, require manufacturer to provide authorized representative to be present at site to inspect, check and approve equipment or system installation prior to and during start-up, and to supervise placing equipment or system in operation. 3.02 DEMONSTRATION AND INSTRUCTIONS A Demonstrate operation and maintenance of products to Owner two weeks minimum prior to date of Substantial Completion. B Utilize operation and maintenance manuals as basis for instruction. Review contents of manual with Owner in detail to explain all aspects of operation and maintenance. C Demonstrate start-up, operation, control, adjustment, trouble -shooting, servicing, maintenance, and shutdown of each item of equipment at agreed -upon times, at equipment location. D Prepare and insert additional data in operations and maintenance manuals when need for additional data becomes apparent during instruction. 3.03 TESTING, ADJUSTING, AND BALANCING A Contractor shall start, test, adjust, balance, and provide reports on all installed equipment as provided for in this section. B Owner may also appoint, employ, and pay for services of an independent firm to perform testing, adjusting, and balancing. Reports will be submitted by the independent firm to the Owner indicating observations and results of the tests and indicating compliance or non-compliance with specified requirements and with the requirements of the Contract Documents. C Owner's employment of an independent firm shall not relieve the Contractor's responsibility under this section. END OF SECTION 07/2006 01750 - 2 of 2 CITY OF PEARLAND PROJECT RECORD DOCUMENTS Section 01760 PROJECT RECORD DOCUMENTS 1.0 GENERAL 1.01 SECTION INCLUDES A Maintenance and Submittal of Record Documents and Samples. B References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01770 — Contract Closeout 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this and related Sections under the provisions of Section 01350 — Submittals. 1.04 MAINTENANCE OF DOCUMENTS AND SAMPLES A Maintain one copy of Record Documents at the Project Site in accordance with Section 00700 — General Conditions of Agreement, 3.02 "Keeping Plans and Specifications Accessible". B Store Record Documents and Samples in field office if a field office is required by Contract Documents, or in a secure location. Provide files, racks, and secure storage for Record Documents and Samples. C Label each document "PROJECT RECORD" in neat, large, printed letters. D Maintain Record Documents in a clean, dry, and legible condition. Do not use Record Documents for construction purposes. E Keep Record Documents and Samples available for inspection by Engineer. 1.05 RECORDING A Record information concurrently with construction progress. Do not conceal any work until required information is recorded. B Plans, Change Orders, and Shop Drawings: Legibly mark each item to record all actual construction, or "as built" conditions, including: 1. Measured horizontal locations and elevations of underground utilities and appurtenances, referenced to permanent surface improvements. 07/2006 01760 - 1 of 2 CITY OF PEARLAND PROJECT RECORD DOCUMENTS 2. Elevations of underground utilities referenced to bench marks utilized for the Work. 3. Field changes of dimension and detail. 4. Changes made by modifications. 5. Details not on original Plans. 6. References to related Shop Drawings and Modifications. C Record information with a red pen or pencil on a set of drawings indicated as the Record Document Set, provided by Engineer. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION A Deliver Record Documents and Samples to Owner in accordance with Section 01770 — Contract Closeout. END OF SECTION 07/2006 01760 - 2 of 2 CITY OF PEARLAND CONTRACT CLOSEOUT Section 01770 CONTRACT CLOSEOUT 1.0 GENERAL 1.01 SECTION INCLUDES A Closeout procedures including final submittals such as operation and maintenance data, warranties, and spare parts and maintenance materials. B References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01760 — Project Record Documents 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.04 CLOSEOUT PROCEDURES A Comply with Section 00700 — General Conditions of Agreement regarding Final Completion and Final Payment when Work is complete and ready for Engineer's final inspection. B Provide Record Documents under provisions of Section 01760 — Project Record Documents. C Complete or correct items on punch list, with no new items added. Any new items will be addressed during warranty period. D The Owner will occupy portions of the Work as specified in Section 00700 — General Conditions of Agreement. E Contractor shall request Final Inspection at least two weeks prior to Final Acceptance. 1.05 FINAL CLEANING A Execute final cleaning prior to final inspection. B Clean debris from drainage systems. C Clean Project Site; sweep paved areas, rake clean landscaped surfaces. 09/2009 01770 - 1 of 2 CITY OF PEARLAND CONTRACT CLOSEOUT D Remove waste and surplus materials, rubbish, and temporary construction facilities from the Project Site following the final test of utilities and completion of the Work. 1.06 OPERATION AND MAINTENANCE DATA A Submit Operations and Maintenance data under provisions of Section 01350 — Submittals. 1.07 WARRANTIES A Provide one original of each warranty from Subcontractors, Suppliers, and Manufacturers. B Provide Table of Contents and assemble warranties in 3-ring/D binder with durable plastic cover. C Submit warranties prior to Final Application for Payment. 1. Warranties shall commence in accordance with the requirements of Section 00700 — General Conditions of Agreement, 1.09 "Substantially Completed". 2.0 PRODUCTS - Not Used 3.0 EXECUTION Contractor shall diligently pursue completion of the items and activities contained in the Contract Close Out and Project Record Document sections of the project manual. Notwithstanding any performance of warranty work, the work of Contract Closeout shall be complete within thirty (30) days of the date of Final Completion and Acceptance of the work. END OF SECTION 09/2009 01770 - 2 of 2 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland SECTION 26 05 00 - COMMON WORK RESULTS FOR ELECTRICAL PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUBSTITUTIONS OF PRODUCTS A. The products described in the Proposal Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. The materials and equipment named in, and the procedures covered by these specifications have been selected as a standard because of quality, particular suitability or record of satisfactory performance. It is not intended to preclude the use of equal or better materials or equipment provided that same meets the requirements of the particular project and is approved in an Addendum as a substitution prior to the submission of proposals. B. No substitution will be considered prior to receipt of proposals unless written request for approval has been received by the Architect and Engineer at a minimum of seven (7) business days prior to the date for receipt of proposals. Each such request shall include a specification line by line review annotated to certify compliance, the name of the manufacturer and model, material or equipment for which it is to be substituted and a complete description of the proposed substitute including dimensional drawings, cutsheets, performance and test data and any other information necessary for an evaluation. The Engineers decision of approval or disapproval of a proposed substitution shall be final. C. If the Engineer approves any proposed substitution prior to receipt of proposals, such approval will be set forth in an Addendum. Offerors shall not rely upon approvals made in any other manner. D. The Engineer and Owner reserve the right to disapprove the use of any manufacturer who in their judgment is unsuitable for use on the Project and that decision will be final. E. Availability of specified items: 1. Verify prior to submittal of Proposal that all specified items will be available in time for installation during orderly and timely progress of the work. 2. In the event specified items will not be so available, notify the Architect / Engineer prior to receipt of Proposals. Submit Request for Substitutions in accordance with this section. 3. The request will not be considered if the product or method cannot be provided as a result of the Contractor's failure to pursue the work promptly or coordinate activities properly. COMMON WORK RESULTS FOR ELECTRICAL 260500-1 LEAF Engineers Project No. 20182M 1.3 F. G. PBS Back-up Power Redundancy for Critical Facility City of Pearland 4. Costs of delays because of non -availability of specified items, when such delays could have been avoided by the Contractor, will be back -charged as necessary and shall not be borne by the Owner. A request constitutes a representation that Offeror: 1. Has investigated proposed product and determined that it meets or exceeds quality level of specified product. 2. Will provide same warranty for Substitution as for specified product, except when inability to provide specified Warranty is reason for request for substitution as described above. 3. Will coordinate installation and make changes to other Work which may be required for the Work to be complete with no additional cost to Owner. 4. Waives claims for additional costs or time extension which may subsequently become apparent. 5. Will reimburse the Owner and pay for all costs, including Architect/Engineer's redesign and evaluation costs resulting from the use of the proposed substitution, or for review or redesign services associated with re -approval by authorities having jurisdiction. No substitutions will be considered after the Award of Contract. SUMMARY A. Provide all work for electrical systems required in the project to be properly installed, tested and performing their intended function. 1.4 QUALITY ASSURANCE A. Perform all work in accordance with the latest edition of the national electrical code, and local codes. B. All electrical materials and distribution, and utilization equipment shall be UL Listed. C. All equipment and materials shall be new and unused and of United States Domestic manufacture unless approved otherwise by engineer or owner. D. Eliminate any abnormal sources of noise that are considered by the architect not to be an inherent part of the electrical systems as designed. 1.5 COORDINATION WITH OTHER TRADES A. Coordinate the work of this division with all other divisions to ensure that all components of the electrical system will be installed at the proper time and fit the available space. B. Locate and size all openings in work of other trades required for the proper installation of the electrical system components. C. Make all electrical connections to all equipment furnished by this division and any other division. COMMON WORK RESULTS FOR ELECTRICAL 260500-2 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland D. Make all electrical connections from all 120 volt and greater dampers and switches to associated exhaust fan(s) furnished by any other division. 1.6 DRAWINGS A. The drawings are schematic in nature, but show the various components of the systems approximately to scale and attempt to indicate how they are to be integrated with other parts of the building. Determine exact locations by review of equipment manufacturer's data, by job site measurements, by checking the requirements of other trades, and by reviewing all Contract Documents. The size of the electrical equipment indicated on the Drawings may be based on the dimensions of a particular manufacturer. While other listed manufacturers will be acceptable, it is the responsibility of the Contractor to determine if the equipment that Contractor proposes to furnish will fit in the space. The drawings are not intended to show exact locations of conduit and wire, or to indicate all wire terminators, connectors, conduit fittings, boxes or supports, but rather to indicate distribution, circuitry, and control. B. The Electrical Drawings are necessarily diagrammatic in character and cannot show every connection in detail or conduit in its exact location. These details are subject to the requirements of ordinances and also structural and architectural conditions. The Contractor shall carefully investigate structural and finish conditions and shall coordinate the separate trades in order to avoid interference between the various phases of work. Work shall be laid out so that it will be concealed in furred chases and suspended ceilings, etc., in finished portions of the building, unless specifically noted to be exposed. Work shall be installed to avoid crippling of structural members. All exposed work shall be installed parallel or perpendicular to the lines of the building unless otherwise noted. C. When the mechanical and electrical Drawings do not give exact details as to the elevation of pipe, conduit and ducts, physically arrange the systems to fit in the space available at the elevations intended with the proper grades for the functioning of the system involved. Exposed conduit is generally intended to be installed true and square to the building construction, and located as high as possible against the structure in a neat and workmanlike manner. The Drawings do not show all required offsets and their location details. Work shall be concealed in all finished areas. 1.7 SUBMITTALS A. Specification Review: 1. Include a paragraph -by -paragraph written specification review for each product listed requiring a submittal. Denote any proposed deviations from specifications. 1.8 EXISTING CONDITIONS A. Do all work required to maintain electrical services to the Owner occupied portions of the building during construction. B. No connection to existing services or utilities shall be made without Owner's knowledge and permission. All such connections shall be planned and scheduled to minimize the length of service interruption required. Request for shutdown shall be made to Owner at least two (2) weeks in advance and shall be accompanied by detailed written schedule of activities during shutdown and list of materials required for connection and renewal of service. It shall be understood that all such service interruptions shall be made at the Owner's convenience, not the Contractor's. No increase in contract amount will be allowed for reasons of premium time, inefficiency of operations or other considerations not calculated in original bid. COMMON WORK RESULTS FOR ELECTRICAL 260500-3 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland C. All items removed shall be stored on -site. Schedule a review of the items with the Owner. Remove from site all items the Owner does not choose to keep. Deliver Owner designated items to Owner's storage facility. 1.9 DELIVERY, STORAGE, AND HANDLING A. Accept materials on site in original factory packaging, labeled with manufacturer's identification. B. Protect from weather and construction traffic, dirt, water, chemical, and mechanical damage, by storing in original packaging. C. Do not deliver items to project before time of installation. Limit shipment of bulk and multiple -use materials to quantities needed for immediate installation. PART 2 - EXECUTION 2.1 EXISTING WORK A. Disconnect electrical systems in walls, floors, and ceilings scheduled for removal. B. Provide temporary wiring and connections to maintain existing systems in service during construction. C. When performing work on energized equipment or circuits, use personnel experienced and trained in similar operations. D. Remove, relocate, and extend existing installations to accommodate new construction. E. . Repair adjacent construction and finishes damaged during demolition and extension work. 2.2 OWNER INSTRUCTION A. Provide on -site Owner training for all new equipment. B. Use Operation and Maintenance manuals and actual equipment installed as basis for instruction. C. At conclusion of on -site training program have Owner personnel sign written certification they have completed training and understand equipment operation. Include copy of training certificates in final Operation and Maintenance manual submission. END OF SECTION 26 05 00 COMMON WORK RESULTS FOR ELECTRICAL 260500-4 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland SECTION 26 05 19 - LOW VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Provide a complete system of building wire and cable to all electrical loads. 1.3 SYSTEM DESCRIPTION A. Product Requirements: Provide products as follows: 1. Provide stranded conductors for all wiring. 2. Conductor not smaller than 12 AWG for power and lighting circuits. 3. Conductor not smaller than 16 AWG for control circuits. 4. 10 AWG conductors for 20 ampere, 120 volt branch circuits longer than 75 feet 5. 10 AWG conductors for 20 ampere, 277 volt branch circuits longer than 200 feet. 6. Copper. B. Wiring Methods: Provide the following wiring methods: 1. Concealed Dry Interior Locations: Use only Type THHN/THWN-2 insulation, in raceway. C. Branch Circuit Conductors: No branch circuit conductors are allowed in any slab or under slab on grade unless specifically indicated on drawings. 1.4 COORDINATION A. Where wire and cable destination is indicated and routing is not shown, determine routing and lengths required. PART 2- PRODUCTS 2.1 BUILDING WIRE A. Manufacturers: 1. Diamond Wire & Cable Co. 2. Southwire 3. General Cable Co. 4. IUSA Wire 5. Encore B. Product Description: Single conductor insulated wire. C. Conductor: Copper. D. Insulation: NFPA 70; Type THHN/THWN-2 insulation for feeders and branch circuits. LOW VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 260519-1 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland 2.2 TYPE AC CABLE A. Manufacturers: 1. AFC 2. Southwire B. Product Description: A fabricated assembly of insulated conductors in a flexible metallic enclosure. C. Comply with NEC 320. D. Support, provide separate support to structure for all Type AC cable, spacing not exceeding three (3) feet and at each junction box. E. Provide an insulated green grounding conductor in all Type AC cable. F. Acceptable Use: Install, at Contractor's option, only for service to light fixtures above accessible ceilings, limit length to six (6) feet whips from accessible junction box to light fixtures. G. Provide insulated throat fittings at all terminations of Type AC cable. PART 3 - EXECUTION 3.1 EXAMINATION A. Verify interior of building has been protected from weather. B. Verify mechanical work likely to damage wire and cable has been completed. C. Verify raceway installation is complete and supported. 3.2 EXISTING WORK A. Remove exposed abandoned wire and cable, including abandoned wire and cable above accessible ceiling finishes. Patch surfaces where removed cables pass through building finishes. B. Disconnect abandoned circuits and remove circuit wire and cable. Remove abandoned boxes when wire and cable servicing boxes is abandoned and removed. Install blank cover for abandoned boxes not removed. C. Provide access to existing wiring connections remaining active and requiring access. Modify installation or install access panel. D. Extend existing circuits using materials and methods compatible with existing electrical installations, or as specified. 3.3 INSTALLATION A. Route wire and cable to meet Project conditions. B. Neatly train and lace wiring inside boxes, equipment, and panelboards. LOW VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 260519-2 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland C. Identify and color code wire. Identify each conductor with its circuit number or other designation indicated. D. Special Techniques - Wiring Connections: 1. Clean conductor surfaces before installing lugs and connectors. 2. Make splices, taps, and terminations to carry full ampacity of conductors with no perceptible temperature rise. a. MDF/IDF room branch circuits: All branch circuits shall be dedicated and unspliced. Provide dedicated branch circuit 20 or 30 amperes, #10 and or #12 wire, unspliced from wiring device all the way back to the overcurrent device. Do not share ground with any other circuit. b. Computer branch circuits: All branch circuits shall be dedicated. Provide dedicated branch circuit 20 amperes, #10 and or #12 wire from wiring devices all the way back to the overcurrent device. Do not share neutral with any other circuit. c. Kitchen branch circuits: All branch circuits for 125 volt, single phase, 15 and 20 ampere receptacles shall be dedicated. Provide dedicated branch circuit 20 amperes, #10 and or #12 wire from wiring devices all the way back to the overcurrent device. Do not share neutral or ground with any other circuit. 3. Tape uninsulated conductors and connectors with electrical tape to 150 percent of insulation rating of conductor. 4. Install split bolt connectors for copper conductor splices and taps, 6 AWG and larger. 5. Install solderless pressure connectors with insulating covers for copper conductor splices and taps, 8 AWG and smaller. 6. Install insulated spring wire connectors with plastic caps for copper conductor splices and taps, 10 AWG and smaller. 3.4 WIRE COLOR A. COLOR CODES FOR CONDUCTORS FOR BRANCH CIRCUITS AND FEEDERS Wire Sizes #10 and Smaller: Use Continuous Color Coded Insulation (Note 01) Wire Sizes #6 and Smaller: Use Continuous Color Coded Insulation (Note 02) System/Pha A B C N G IG se 120/208 Black Red Blue White Green Green/Yello w Stripe 120/240 Black Orange Blue White w/color stripe (Note 03) Green Green/Yello w Stripe 277/480 Brown Purple Yellow Gray Green Green/Yello w Stripe Table Notes: 1. Wire size #8 and larger, black conductors with color marking tape at each termination and where accessible; colors as noted above. LOW VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 260519-3 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland 2. Wire sizes #4 and larger, black conductor with green marking tape at each termination and where accessible. 3. Provide white (no stripe) insulation when 120/208V system is not present at this installation. B. Neutral Conductors: White. When two or more neutrals are located in one conduit, individually identify each with proper circuit number and provide color coding at each junction box containing more than one neutral. C. Branch Circuit Conductors: Install three or four wire home runs with each phase uniquely color coded. D. Feeder Circuit Conductors: Uniquely color code each phase. E. Ground Conductors: For 6 AWG and smaller: Green. For 4 AWG and larger: Identify with green tape at both ends and visible points including junction boxes. 3.5 GROUPING OF CIRCUITS A. Limit the number of current carrying conductors per conduit to 6. Neutrals serving computer receptacle branch circuits shall be counted as current carrying. Grounds shall not be counted. B. Grouping of different voltages is not allowed. C. Provide metal box sizes per NEC Table 314.16 (A). D. Provide conduit per NEC Annex C. E. Neutrals serving branch circuits shall not be shared. Provide dedicated neutral per circuit. 3.6 POWER LIMITED CIRCUIT INSTALLATION A. Provide a complete system of raceway and covered junction boxes for all power limited circuits installed exposes in finished spaces and spaces without a ceiling. B. Provide raceway for all power limited circuit wiring within wall cavities and above sheet rock, plaster and other "hard" (non -lay -in) ceiling types of construction. C. Labeling: Provide label on all junction boxes. 1. Provide permanent labeling with indelible black marker, in neat, legible print indicating the system wiring name. END OF SECTION 26 05 19 LOW VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 260519-4 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland SECTION 26 05 26 - GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS CONDITIONS OF THE CONTRACT AND DIVISION 1, as applicable, apply to this Section. PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Provide a continuous low -impedance grounding system for the entire electrical wiring system. 1.3 REFERENCES A. Institute of Electrical and Electronics Engineers: 1. IEEE 142 - Recommended Practice for Grounding of Industrial and Commercial Power Systems. 2. IEEE 1100 - Recommended Practice for Powering and Grounding Electronic Equipment. B. NFPA 70 - National Electrical Code. 1.4 SUBMITTALS A. Product Data: Submit data on grounding electrodes and connections. 1.5 QUALITY ASSURANCE A. Provide grounding materials conforming to requirements of NEC, IEEE 142, and UL labeled. 1.6 MADE ELECTRODE INSPECTION A. Convene prior to cover up of work of this section. B. Coordinate inspection of made electrode, exothermic welds and test well installation. PART 2 PRODUCTS 2.1 WIRE A. Material: Stranded copper. B. Foundation Electrodes: #2 AWG. GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 260526-1 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland C. Grounding Electrode Conductor: Copper conductor bare. D. Bonding Conductor: Copper conductor bare. 2.2 MECHANICAL CONNECTORS A. Manufacturers: 1. Apache Grounding/Erico Inc. 2. Copperweld, Inc. 3. Erico, Inc. 4. ILSCO Corporation 5. O-Z Gedney Co. 6. Thomas & Betts, Electrical 7. VFC B. UL Listed for grounding applications. C. Provide "ACORN" style ground clamp only for all driven ground rods unless noted to be exothermic connected in this specification. UL listed for connecting ground conductor to a driven ground rod. D. Description: Brass connectors, suitable for grounding and bonding applications, in configurations required for particular installation. 2.3 EXOTHERMIC CONNECTIONS A. Manufacturers: 1. Cadweld by Erico, Inc. B. Product Description: Exothermic materials, accessories, and tools for preparing and making permanent field connections between grounding system components. PART 3 — EXECUTION 3.1 EXAMINATION A. Verify final backfill and compaction has been completed before driving rod electrodes. 3.2 PREPARATION A. Remove paint, rust, mill oils, and surface contaminants at connection points. 3.3 EXISTING WORK A. Modify existing grounding system to maintain continuity to accommodate renovations. B. Extend existing grounding system using materials and methods compatible with existing electrical installations. 3.4 INSTALLATION GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 260526-2 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland A. Install in accordance with NEC Article 250 Properly maintain the existing neutral - ground bond All other neutral busses, bars, etc. on the service voltage system shall be isolated from ground. This system shall be the solid grounded type. B. Install grounding and bonding conductors concealed from view. C. Install a green equipment grounding conductor in all feeders and branch circuits, minimum size per NEC Table 250.122. D. Main Bonding Jumper: Shall be sized in accordance with Section 250-66, if not indicated on the drawings, and installed within the same enclosure as the point of bonding of the system neutral service entrance. 3.5 OTHER GROUNDING SYSTEMS: A. General Check the drawings for special grounding system or grounding requirements. B. Telephone and data equipment grounding connections: 1. Bond each telephone and data equipment ground (buss type or grounding conductor type) at each telephone terminal board and data rack back to the service entrance grounding electrode system with a bare #6awg ground wire. 3.6 EQUIPMENT GROUNDING SYSTEM A. General: Make a firm bond between all enclosures, equipment and metallic raceway system. Grounding conductors shall be continuous from origin to termination and properly bonded with lugs at both ends. The metallic raceway systems shall be made up properly to form a grounding path that has an impedance back to the main system ground that is as low as can be practically obtained. B. Over 250 Volts: Provide locknuts and/or listed fittings per NEC 250-97 for bonding of metal raceways in all circuits of over 250 Volts to ground. In case of oversized, concentric or eccentric knockouts, comply with NEC 250-92(B). The use of snap -in, wedge -type, or pivot -type connectors is prohibited. 3.7 FIELD QUALITY CONTROL A. Grounding Tests: 1. Test the electrical system after installation is complete. Inspect and test for stray currents, unintended ground shorts, and proper physical condition of grounding system. Correct any deficiencies and re -test to verify satisfactory installation. 2. Provide written test report to document all findings, test values, work done and certification of grounding system. 3. Use true-RMS meters for all voltage and current measurements. 4. Test telecommunications grounding riser to verify continuity. 5. Check all isolated ground receptacles for correct polarity. 6. Test all sub panels of separately derives systems to verify subpanel neutral is isolated from ground. 7. Test theater isolated power system for the sound reinforcement system to verify isolation of ground system from other building systems. GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 260526-3 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland 8. Verify continuity and isolation of audio system ground bus and grounding riser. 9. Perform ground resistance and continuity testing in accordance with IEEE 142. 10. When improper grounding is found on receptacle, check receptacles in entire project and correct. Perform retest. END OF SECTION 26 05 26 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 260526-4 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland SECTION 26 05 29 - HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS CONDITIONS OF THE CONTRACT AND DIVISION 1, as applicable, apply to this Section. PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Conduit supports. 2. Formed steel channel. 3. Spring steel clips. 4. Sleeves. 5. Mechanical sleeve seals. 6. Firestopping relating to electrical work. 7. Firestopping accessories. 8. Equipment bases and supports. 1.3 REFERENCES A. Underwriters Laboratories Inc.: 1. UL 263 - Fire Tests of Building Construction and Materials. 2. UL 723 - Tests for Surface Burning Characteristics of Building Materials. 3. UL 1479 - Fire Tests of Through -Penetration Firestops. 4. UL - Fire Resistance Directory. 1.4 DEFINITIONS A. Firestopping (Through -Penetration Protection System): Sealing or stuffing material or assembly placed in spaces between and penetrations through building materials to arrest movement of fire, smoke, heat, and hot gases through fire rated construction. 1.5 PERFORMANCE REQUIREMENTS A. Firestopping: Conform to Building Code and UL for fire resistance ratings and surface burning characteristics. 1.6 SUBMITTALS A. Product Data: 1. Hangers and Supports: Submit manufacturers catalog data including load capacity. 1.7 QUALITY ASSURANCE A. Perform Work in accordance with the Building Code. HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 260529-1 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland PART 2- PRODUCTS 2.1 CONDUIT SUPPORTS A. Manufacturers: 1. Allied Tube & Conduit Corp. 2. Electroline Manufacturing Company 3. O-Z Gedney Co. 4. Appleton B. Hanger Rods: Threaded high tensile strength galvanized carbon steel with free running threads. C. Beam Clamps: Malleable Iron, with tapered hole in base and back to accept either bolt or hanger rod. Set screw: hardened steel. D. Conduit clamps for trapeze hangers: Galvanized steel, notched to fit trapeze with single bolt to tighten. E. Conduit clamps - general purpose: One hole malleable iron for surface mounted conduits. F. Cable Ties: High strength nylon temperature rated to 185 degrees F. Self locking. 2.2 FORMED STEEL CHANNEL A. Manufacturers: 1. Allied Tube & Conduit Corp. 2. B-Line Systems 3. Midland Ross Corporation, Electrical Products Division 4. Unistrut Corp. B. Product Description: Galvanized 12 gage thick steel. With holes 1-1/2 inches on center. 2.3 SLEEVES A. Sleeves for raceway Through Non -fire Rated Floors: 18 gage galvanized steel. B. Sleeves for raceway Through Non -fire Rated Beams, Walls, Footings, and Potentially Wet Floors: Steel pipe or 18 gage galvanized steel. C. Sleeves for raceway Through Fire Rated and Fire Resistive Floors and Walls, and Fire Proofing: Prefabricated fire rated sleeves including seals, UL Listed. D. Fire -stopping Insulation: Glass fiber type, non-combustible. 2.4 SPRING STEEL CLIPS A. Product Description: Mounting clamp, and screw. 2.5 MECHANICAL SLEEVE SEALS A. Manufacturers: 1. Thunderline Link -Seal, Inc. 2. NMP Corporation HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 260529-2 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland B. Product Description: Modular mechanical type, consisting of interlocking synthetic rubber links shaped to continuously fill annular space between object and sleeve, connected with bolts and pressure plates causing rubber sealing elements to expand when tightened, providing watertight seal and electrical insulation. 2.6 FIRESTOPPING A. Manufacturers: 1. Dow Corning Corp. 2. Fire Trak Corp. 3. Hilti Corp. 4. International Protective Coating Corp. 5. 3M fire Protection Products . 6. Specified Technology, Inc. B. Product Description: Different types of products by multiple manufacturers are acceptable as required to meet specified system description and performance requirements; provide only one type for each similar application. 1. Silicone Firestopping Elastomeric Firestopping: Multiple component silicone elastomeric compound and compatible silicone sealant. 2. Foam Firestopping Compounds: Multiple component foam compound. 3. Formulated Firestopping Compound of Incombustible Fibers: Formulated compound mixed with incombustible non -asbestos fibers. 4. Fiber Stuffing and Sealant Firestopping: Composite of mineral or ceramic fiber stuffing insulation with silicone elastomer for smoke stopping. 5. Mechanical Firestopping Device with Fillers: Mechanical device with incombustible fillers and silicone elastomer, covered with sheet stainless steel jacket, joined with collars, penetration sealed with flanged stops. 6. Intumescent Firestopping: Intumescent putty compound which expands on exposure to surface heat gain. 7. Firestop Pillows: Formed mineral fiber pillows. 2.7 FIRESTOPPING ACCESSORIES A. Installation Accessories: Provide clips, collars, fasteners, temporary stops or dams, and other devices required to position and retain materials in place. B. General: 1. Furnish UL Listed products. 2. Select products with rating not less than rating of wall or floor being penetrated. C. Non -Rated Surfaces: 1. Stamped steel, chrome plated, hinged, split ring escutcheons or floor plates or ceiling plates for covering openings in occupied areas where conduit is exposed. 2. For exterior wall openings below grade, furnish modular mechanical type seal consisting of interlocking synthetic rubber links shaped to continuously fill annular space between conduit and cored opening or water -stop type wall sleeve. PART 3 - EXECUTION 3.1 EXAMINATION A. Verify openings are ready to receive sleeves. B. Verify openings are ready to receive firestopping. HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 260529-3 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland 3.2 INSTALLATION - HANGERS AND SUPPORTS A. Anchors and Fasteners: 1. Concrete Structural Elements: Provide precast inserts, expansion anchors, powder actuated anchors or preset inserts as required. 2. Steel Structural Elements: Provide beam clamps, spring steel clips, steel ramset fasteners or welded fasteners as required. 3. Concrete Surfaces: Provide self -drilling anchors and expansion anchors as required. 4. Hollow Masonry, Plaster, and Gypsum Board Partitions: Provide toggle bolts or hollow wall fasteners as required. 5. Solid Masonry Walls: Provide expansion anchors or preset inserts as required. 6. Sheet Metal: Provide sheet metal screws. 7. Wood Elements: Provide wood screws. B. Inserts: 1. Install inserts for placement in concrete forms. 2. Install inserts for suspending hangers from reinforced concrete slabs and sides of reinforced concrete beams. 3. Provide hooked rod to concrete reinforcement section for inserts carrying pipe over four (4) inches. 4. Where concrete slabs form finished ceiling, locate inserts flush with slab surface. 5. Where inserts are omitted, drill through concrete slab from below and provide through -bolt with recessed square steel plate and nut recessed into and grouted flush with slab. C. Install conduit and raceway support and spacing in accordance with NEC. D. Do not fasten supports to suspended ceiling support system, pipes, ducts, mechanical equipment, or conduit. E. Install multiple conduit runs on common hangers. F. Supports: 1. Fabricate supports from structural steel or formed steel channel. Install hexagon head bolts to present neat appearance with adequate strength and rigidity. Install spring lock washers under nuts. 2. Install surface mounted cabinets and panelboards with minimum of four anchors. 3. In wet and damp locations install steel channel supports to stand cabinets and panelboards one (1) inch off wall. 4. Support vertical conduit at every floor. 3.3 INSTALLATION - FIRESTOPPING A. Install material at fire rated construction perimeters and openings containing penetrating sleeves, piping, ductwork, conduit and other items, requiring firestopping. B. Apply primer where recommended by manufacturer for type of firestopping material and substrate involved, and as required for compliance with required fire ratings. C. Apply firestopping material in sufficient thickness to achieve required fire and smoke rating. D. Compress fibered material to maximum 40 percent of its uncompressed size. HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 260529-4 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland E. Place intumescent coating in sufficient coats to achieve rating required. F. Remove dam material after firestopping material has cured. G. Fire Rated Surface: 1. Seal opening at all rated floors and walls as follows: a. Install sleeve through opening and extending beyond minimum of one (1) inch on both sides of building element. b. Size sleeve allowing minimum of one (1) inch void between sleeve and building element. c. Pack void with backing material. d. Seal ends of sleeve with UL Listed fire resistive silicone compound to meet fire rating of structure penetrated. 2. Where cable tray, bus, or conduit, penetrates fire rated surface, install firestopping product ins accordance with manufacturer's instructions. H. Non -Rated Surfaces: 1. Seal opening through non -fire rated floors and walls as follows: a. Install sleeve through opening and extending beyond minimum of one (1) inch on both sides of building element. b. Size sleeve allowing minimum of one (1) inch void between sleeve and building element. c. Install type of firestopping material recommended by manufacturer. 2. Install escutcheons where conduit, penetrates non -fire rated surfaces in occupied spaces. Occupied spaces include rooms with finished ceilings and where penetration occurs below finished ceiling. 3. Exterior wall openings below grade: Assemble rubber links of mechanical seal to size of conduit and tighten in place, in accordance with manufacturer's instructions. 3.4 INSTALLATION - SLEEVES A. Exterior watertight entries: Provide mechanical sleeve seals. B. Interior conduit penetrations not required to be watertight: Sleeve and fill with silicon foam. C. Set sleeves in position in forms. Provide reinforcing around sleeves. D. Size sleeves large enough to allow for movement due to expansion and contraction. Provide for continuous insulation wrapping. E. Extend sleeves through floors and walls one (1) inch above finished floor level. Caulk sleeves. END OF SECTION 26 05 29 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 260529-5 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland SECTION 26 05 33 - RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.1 SUMMARY A. Section includes conduit and tubing, wireways, outlet boxes, pull and junction boxes, and handholes. 1.2 REFERENCES A. American National Standards Institute: 1. ANSI C80.1 - Rigid Steel Conduit, Zinc Coated. 2. ANSI C80.3 - Specification for Electrical Metallic Tubing, Zinc Coated. 3. ANSI C80.5 - Aluminum Rigid Conduit - (ARC). B. National Electrical Manufacturers Association: 1. NEMA 250 - Enclosures for Electrical Equipment (1000 Volts Maximum). 2. NEMA FB 1 - Fittings, Cast Metal Boxes, and Conduit Bodies for Conduit and Cable Assemblies. 3. NEMA OS 1 - Sheet Steel Outlet Boxes, Device Boxes, Covers, and Box Supports. 4. NEMA OS 2 - Nonmetallic Outlet Boxes, Device Boxes, Covers, and Box Supports. 5. NEMA RN 1 - Polyvinyl Chloride (PVC) Externally Coated Galvanized Rigid Steel Conduit and Intermediate Metal Conduit. 6. NEMA TC 2 - Electrical Polyvinyl Chloride (PVC) Tubing and Conduit. 7. NEMA TC 3 - PVC Fittings for Use with Rigid PVC Conduit and Tubing. 1.3 SYSTEM DESCRIPTION A. Raceway and boxes located as indicated on Drawings, and at other locations required for splices, taps, wire pulling, equipment connections, and compliance with regulatory requirements. Raceway and boxes are shown in approximate locations unless dimensioned. Provide raceway to complete wiring system. B. Wet and Damp Locations: Provide rigid steel conduit. Provide cast metal junction and pull boxes. Provide flush mounting outlet box in finished areas. C. Concealed Dry Locations: Provide rigid steel intermediate metal conduit on electrical metallic tubing. Provide sheet -metal boxes. Provide flush mounting outlet box in finished areas. Provide hinged enclosure for large pull boxes. D. Exposed Dry Locations: Provide rigid steel conduit, intermediate metal conduit or electrical metallic tubing. Provide sheet -metal boxes. Provide flush mounting outlet box in finished areas. Provide hinged enclosure for large pull boxes. RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 260533-1 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland E. In Slab or Under Slab on Grade: No branch circuit raceway is allowed in any slab or under slab on grade unless specifically indicated on drawings. 1.4 DESIGN REQUIREMENTS A. Minimum Raceway Size: 3/4 inch. 1.5 DELIVERY, STORAGE, AND HANDLING A. Protect conduit from corrosion and entrance of debris by storing above grade. Provide appropriate covering. B. Protect PVC conduit from sunlight. 1.6 COORDINATION A. Coordinate installation of outlet boxes and raceway for equipment connected under other Divisions. B. Coordinate installation of conduit for control wiring in mechanical rooms and in inaccessible locations such as walls and hard ceilings. C. Coordinate installation of conduit for all other low -voltage systems in inaccessible locations and all other locations required by drawings or specifications for those systems. D. Coordinate mounting heights, orientation and locations of outlets mounted above counters, benches, and backsplashes. Refer to Architectural elevations and equipment specifications and coordinate device locations prior to electrical rough -in. PART 2 - PRODUCTS 2.1 METAL CONDUIT A. Manufacturers: 1. Carlon Electrical Products 2. Hubbell Wiring Devices 3. Thomas & Betts Corp 4. Walker Systems Inc. 5. The Wiremold Co. 6. Multi Cell 7. O-Z Gedney 8. Raco. 9. or approved equal. B. Rigid Steel Conduit: ANSI C80.1. C. Intermediate Metal Conduit (IMC): Rigid steel. D. Fittings and Conduit Bodies: NEMA FB 1; material to match conduit E. Electrical Metal Tubing (EMT): All EMT fittings shall be steel not die-cast metal. All conduit stub -ups above ceiling for low voltage and data to be provided with insulating bushing. RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 260533-2 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland F. Flexible Metal Conduit (Flex): Conduit fittings shall be steel. Provide plastic anti -short bushing for all flex fittings. Comply with NEC 348. G. Liquidtight Flexible Metal Conduit: Shall be same as flexible metal conduit specified above except Article 350 in NEC. H. PVC -Coated Rigid Steel Conduit: Galvanized rigid steel with additional external coating for 40 mil polyvinyl chloride jacket (PVC). Conforming to UL Standard 6. ANSI C80.1 and NEMA Standard No. RN.1. 1. Manufacturer: a. Ocal Inc. b. Perma Cote Industries c. Rob -Roy Industries d. or Approved equal. PVC -Rigid Nonmetallic Conduit: PVC and fittings that are listed per the UL Standards. Comply with NEMA Standard TC-2. J. Nonmetallic Multi Duct: Provide nonmetallic multi duct that is UL Listed. 1. Type: four (4) inches schedule 40 PVC outer duct, four 1.25 inch ducts of ribbed polyethylene. Duct shall have six (6) inch deep end bell on one end, spigot on the other end. 2. Multi Duct shall have gaskets to seal the inside and outside walls of the inner duct. 2.2 ENCLOSURES A. Pull Boxes, Junction Boxes, Cabinets, and Wireways: Provide pull boxes, junction boxes, wireways, and cabinets wherever necessary for proper installation of various electrical systems according to the National Electrical Code and where indicated on the Drawings. B. Minimum Size: That size shown on the drawings, as required for the specific function, or as required by the National Electrical Code, whichever is larger. C. Construction: 1. Indoors in Dry Areas and Not Buried in Slab: Code gage steel - NEMA 1 construction - sides formed and welded, screw covers unless indicated hinged cover or door on drawings. Hinged doors shall be similar to panelboard doors with the same type locking device. Knockouts shall be factory made or formed O-Z Gedney Type PB or approved equal. 2. Outdoors or Indoors in Wet Areas and Not Buried in Slab: Same as specified above for indoor except provide NEMA 3R (designated by 3R or RT) unless indicated or specified to be NEMA 4 (designated by 4 or WP) or other type rating. 3. Indoors Buried in Slab: Watertight, galvanized cast iron in floors on or below grade, otherwise concrete tight stamped steel. 4. Outdoors Buried in Earth: Watertight, Polymer concrete similar to Hubbell Power System, Inc. "Quazite" or precast concrete type manufactured by Brooks Product, Inc brand for Oldcastle Precast, Inc. Precast box shall have appropriate structural rating for intended use. Install on a level poured concrete base to provide a solid bearing surface. Provide a bolted cast iron traffic cover with foundry -cast marking "Electrical", "Communications" or "Telephone" as applies. Top of enclosure shall be one (1) inch above finished grade in earth. Top of enclosure shall be flush with finished pavement. 2.2 WIREWAY A. Manufacturers: Same as Metal Conduit. RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 260533-3 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland B. Product Description: General purpose. C. Size: As determined by Contractor in accordance with NEC 376. D. Cover: Screw cover. E. Connector: Slip -in. F. Fittings: Lay -in type. G. Finish: Rust inhibiting primer coating with gray enamel finish. 2.3 OUTLET BOXES A. Manufacturers: Same as Metal Conduit. B. Sheet Metal Outlet Boxes: NEMA OS 1, galvanized steel. 1. Luminaire and Equipment Supporting Boxes: Rated for weight of equipment supported; furnish 1/2 inch male fixture studs where required. 2. Concrete Ceiling Boxes: Concrete type. C. Cast Boxes: NEMA FB 1, Type FD, cast feralloy. Furnish gasketed cover by box manufacturer. D. Wall Plates: As specified in Section 26 27 26. 2.4 FLOOR BOXES A. UL listed for wet application, watertight cast-iron, scrub -shield compliant. B. NEMA OS-1, sheet steel outlet boxes, device boxes, covers, and box supports. 1. Floor: Fully adjustable before and after pour. 2. UL Listed for wet application when installed into concrete, stone, tile or floor without carpet cover. Provide carpet flange where installed in carpet. 3. Provide watertight, cast iron on floors at or below grade, and provide concrete tight stamped steel on all upper floors. 4. Multi Gang Floor Box: Fully adjustable watertight cast iron gang floor boxes where shown on Drawings. Provide with removable partition and provide conduit openings in boxes as required. Install power circuits in separate raceway from data, telephone or other signal. C. Manufacturers: 1. Appleton 2. Carlon 3. Crouse -Hinds 4. Hubbell 5. FSR 6. Wiremold/Legrand PART 3 - EXECUTION 3.1 EXAMINATION A. Verify outlet locations and routing and termination locations of raceway prior to rough -in. RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 260533-4 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland 3.2 EXISTING WORK A. Remove exposed abandoned raceway, including abandoned raceway above accessible ceiling finishes. Cut raceway flush with walls and floors, and patch surfaces. B. Remove concealed abandoned raceway to its source. C. Disconnect abandoned outlets and remove devices. Remove abandoned outlets when raceway is abandoned and removed. Install blank cover for abandoned outlets not removed. D. Maintain access to existing boxes and other installations remaining active and requiring access. Modify installation or provide access panel. E. Extend existing raceway and box installations using materials and methods compatible with existing electrical installations, or as specified. F. Clean and repair existing raceway and boxes to remain or to be reinstalled. 3.3 INSTALLATION - RACEWAY A. Ground and bond raceway and boxes in accordance with Section 26 05 26. B. Fasten raceway and box supports to structure and finishes in accordance with Section 26 25 29. C. Identify raceway and boxes in accordance with Section 26 05 53. D. Arrange raceway and boxes to maintain headroom and present neat appearance. E. Raceway routing is shown in approximate locations unless dimensioned. Route to complete wiring system. F. Arrange raceway supports to prevent misalignment during wiring installation. G. Support raceway using coated steel or malleable iron straps, lay -in adjustable hangers, clevis hangers, and split hangers. H. Group related raceway; support using conduit rack. Construct rack using steel channel specified in Section 26 05 29. Do not support raceway with wire or perforated pipe straps. Remove wire used for temporary supports J. Do not attach raceway to ceiling support wires or other piping systems. K. Construct wireway supports from steel channel specified in Section 26 25 29. L. Route exposed raceway parallel and perpendicular to walls. M. Route raceway installed above accessible ceilings parallel and perpendicular to walls. N. Maximum Size Conduit in Slab Above Grade: 3/4 inch. O. Maintain clearance between raceway and piping for maintenance purposes. RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 260533-5 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland P. Maintain 12 inch clearance between raceway and surfaces with temperatures exceeding 104 degrees Fahrenheit. Q. Cut conduit square using saw or pipe cutter; de -burr cut ends. R. Bring conduit to shoulder of fittings; fasten securely. S. Join nonmetallic conduit using cement as recommended by manufacturer. Wipe nonmetallic conduit dry and clean before joining. Apply full even coat of cement to entire area inserted in fitting. Allow joint to cure for minimum 20 minutes. T. Install conduit hubs or sealing locknuts to fasten conduit to sheet metal boxes in damp and wet locations and to cast boxes. DO NOT route conduit through the top of any outdoor disconnects, panels, etc. conduits must be routed through side or bottom only. U. Install no more than equivalent of three 90 degree bends between boxes. Install conduit bodies to make sharp changes in direction, as around beams. Install hydraulic one-shot bender to fabricate factory elbows for bends in metal conduit larger than two (2) inch size. V. Avoid moisture traps; install junction box with drain fitting at low points in conduit system. W. Install fittings to accommodate expansion and deflection where raceway crosses expansion joints. X. Install suitable pull string or cord in each empty raceway except sleeves and nipples. Y. Install suitable caps to protect installed conduit against entrance of dirt and moisture. Z. Surface Raceway: Install flat -head screws, clips, and straps to fasten raceway channel to surfaces; mount plumb and level. Install insulating bushings and inserts at connections to outlets and corner fittings. AA. Close ends and unused openings in wireway. BB. Provide tracer wire on all underground raceway outside building slab on grade. 3.4 RACEWAY TYPES A. The following raceway types are to be used in the following locations: 1. Under Slab on Grade: Schedule 40 PVC. 2. Outdoor Locations, Above Grade: Rigid galvanized steel. 3. Wet and Damp Locations: Rigid galvanized steel. 4. Exposed or Concealed Dry Locations, Indoors: EMT, IMC, or rigid galvanized steel. 5. Underground: a. All underground electrical wire in schedule 40 PVC or rigid galvanized steel, 208 volts or greater shall be encased in red concrete two (2) inches thick on all sides. Encasement not required under building slabs, parking lots or other paved surfaces. Red dye may not be applied to the top of the concrete. b. All underground electrical wire in schedule 40 PVC or rigid galvanized steel, 120 volts or less shall have red warning tape 6" above raceway. 6. Transformers and Motors: 24 inch flexible metal conduit to equipment. 7. Kitchens and outdoor motor and transformer connections: Liquidtight flexible metal conduit for all exposed raceway. RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 260533-6 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland 8. Cooling Towers: PVC coated rigid galvanized steel within 50 feet of tower. 3.5 INSTALLATION - BOXES A. Install wall mounted boxes at elevations to accommodate mounting heights as indicated on Drawings and as approved by the Architect. B. Adjust box location up to ten (10) feet prior to rough -in to accommodate intended purpose. C. Orient boxes to accommodate wiring devices oriented as specified in Section 126 27 26. D. Install pull boxes and junction boxes above accessible ceilings and in unfinished areas only. E. In Accessible Ceiling Areas: Install outlet and junction boxes no more than 6 inches from ceiling access panel or from removable recessed luminaire. F. Do not fasten boxes to ceiling support wires or other piping systems. G. Support boxes independently of conduit. Provide rigid support to structure for all junction boxes. Mount junction boxes within 18" of finished ceilings to facilitate future access. Locate junction boxes to allow ready access to junction box covers without removing any equipment. H. All outdoor boxes shall be UL listed for wet location service. Provide rigid support to structure for all junction boxes. J. Provide rigid support to structure for all conduit within 3 feet of each junction box and a maximum spacing of 10 feet. K. Install junction boxes above ceilings in readily accessible with no obstructions, locate within 18 inches of finished ceiling to facilitate easy access. L. For all flexible whips to light fixtures provide wire support at mid -length of whip to structure above with UL listed conduit support clip. M. Provide outlet boxes to meet depth requirement of Architectural walls. Refer to Architectural Spec Section 09250 and 10611 for wall partitions. 3.6 ADJUSTING A. Install knockout closures in unused openings in boxes. 3.7 CLEANING A. Clean interior of boxes to remove dust, debris, and other material. B. Clean exposed surfaces and restore finish. 3.8 INSTALLATION - FLOOR BOXES A. Use cast floor boxes for installation in slab on grade. B. Set floor boxes level. RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 260533-7 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland C. Install boxes and fittings to preserve fire resistant rating of slabs and other elements, using materials and methods specified in Section 26 05 29. 3.9 ADJUSTING A. Adjust floor box flush with finish material. 3.10 CLEANING A. Clean interior of boxes to remove dust, debris, and other material. 3.11 ABOVE CEILING JUNCTION BOXES A. Labeling: Provide label on all above ceiling junction boxes. 1. Provide permanent labeling with indelible black marker, in neat, legible print indicating the panelboard name, branch circuit number(s) and voltage of conductors within the junction box. Junction boxes used for emergency power circuits to be painted red. END OF SECTION 26 05 33 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 260533-8 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland SECTION 26 05 53 - IDENTIFICATION FOR ELECTRICAL SYSTEMS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Nameplates. 2. Underground Warning Tape. 3. Lockout Devices. 1.3 QUALITY ASSURANCE A. Manufacturers: Firms regularly engaged in manufacture of electrical identification, of types and sizes required, whose products have been in satisfactory use in similar service for not less than 5 years. B. Codes and standards: Comply with the following: 1. National Electrical Code, NFPA No. 70. 2. NEMA standards applicable to the product provided. 3. UL standards applicable to the product provided. PART 2 — PRODUCTS 2.1 MANUFACTURERS A. Acceptable Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated in the work include, but are not limited to the following: 1. Panduit Corp. 2. American Labelmark Co. 3. Markal Corp. 4. Calpico, Inc. 5. Ideal Industries, Inc. 2.2 NAMEPLATES A. Product Description: Laminated three -layer plastic with engraved black letters on light contrasting background color. B. Emergency Power panels and Equipment: Laminated three -layer plastic with engraved white letters on RED background. C. Letter Size: 1. 1/4 inch high letters for identifying individual equipment and Toads. D. Minimum nameplate thickness: 1/8 inch. IDENTIFICATION FOR ELECTRICAL SYSTEMS 260553-1 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland 2.3 UNDERGROUND WARNING TAPE A. Description: four (4) inch wide plastic tape, colored red with suitable warning legend describing buried electrical lines. PART 3 - EXECUTION 3.1 PREPARATION A. Degrease and clean surfaces to receive adhesive for identification materials. 3.2 INSTALLATION A. Install identifying devices after completion of painting. B. Nameplate Installation: 1. Install nameplate parallel to equipment lines. 2. Install nameplate for each electrical distribution and control equipment enclosure with corrosive -resistant mechanical fasteners, or adhesive. 3. Install nameplates for each control panel and major control components located outside panel with corrosive -resistant mechanical fasteners, or adhesive. 4. Secure nameplate to equipment front using screws, rivets, or adhesive. 5. Secure nameplate to inside surface of door on recessed panelboard in finished locations. 6. Install nameplates for the following: a. Switchboards b. Panelboards c. Transformers d. Service Disconnects 1) Enclosed Switches e. Motor Control Centers f. Stand-alone Motor Controllers g. Generators h. Contactors C. Underground Warning Tape Installation: 1. Install underground warning tape along length of each underground conduit, raceway, or cable six (6) to eight (8) inches below finished grade, directly above buried conduit, raceway, or cable. Where multiple lines installed in a common trench or concrete envelope, do not exceed an overall width of 16 inches; install a single line marker. 2. Install line marker for underground wiring, both direct buried and in raceway. D. Printed Panelboard Directory: 1. Provide framed, typed circuit schedules with explicit description and identification of items controlled by each individual breaker for that panel, switchboard, or motor control center. 2. Panelboard directory shall include a legend indicating insulation color corresponding each phase and voltage in the building electrical system. 3. Copy in Owner's Manual. IDENTIFICATION FOR ELECTRICAL SYSTEMS 260553-2 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland 3.3 ABOVE CEILING JUNCTION BOXES A. Labeling: Provide label on all above ceiling junction boxes. 1. Provide permanent labeling with indelible black marker, in neat, legible print indicating the panelboard name, branch circuit number(s) and voltage of conductors within the junction box. 3.4 ARC FLASH WARNING LABEL A. Switchboards, panel boards and motor control centers requiring examination, adjustments, servicing or maintenance while energized shall be field marked to warn persons of arc flash hazards. Marking shall be located so as to be clearly visible to qualified persons before servicing or maintenance. END OF SECTION 26 05 53 IDENTIFICATION FOR ELECTRICAL SYSTEMS 260553-3 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland SECTION 26 08 00 - COMMISSIONING OF ELECTRICAL SYSTEMS PART 1 — GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 DESCRIPTION A. The requirements of this Section apply to all sections of Division 26. B. This project will have selected building systems commissioned. The complete list of equipment and systems to be commissioned is specified in Section 01 91 00 GENERAL COMMISSIONING REQUIREMENTS. The commissioning process, which the Contractor is responsible to execute, is defined in Section 01 91 00 GENERAL COMMISSIONING REQUIRMENTS. A Commissioning Agent (CxA) appointed by the owner will manage the commissioning process. 1.3 RELATED WORK A. Section 01 00 00 GENERAL REQUIREMENTS. B. Section 01 91 00 GENERAL COMMISSIONING REQUIREMENTS. 1.4 SUMMARY A. This Section includes requirements for commissioning the Facility electrical systems, related subsystems and related equipment. This Section supplements the general requirements specified in Section 01 91 00 General Commissioning Requirements. B. Refer to Section 01 91 00 GENERAL COMMISSIONING REQUIREMENTS for more details regarding processes and procedures as well as roles and responsibilities for all Commissioning Team members. 1.5 DEFINITIONS A. Refer to Section 01 91 00 GENERAL COMMISSIONING REQUIREMENTS for definitions. 1.6 COMMISSIONED SYSTEMS A. Commissioning of a system or systems specified in Division 26 is part of the construction process. Documentation and testing of these systems, as well as training of the OWNER's Operation and Maintenance personnel in accordance with the requirements of Section 01 91 00 and of Division 26, is required in cooperation with the OWNER and the Commissioning Agent. COMMISIONING OF ELECTRICAL SYSTEMS 260800-1 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland B. The Facility electrical systems commissioning will include the systems listed in Section 01 91 00 General Commissioning Requirements: 1.7 SUBMITTALS A. The commissioning process requires review of selected Submittals that pertain to the systems to be commissioned. The Commissioning Agent will provide a list of submittals that will be reviewed by the Commissioning Agent. This list will be reviewed and approved by the OWNER prior to forwarding to the Contractor. Refer to Section 01 33 23 SHOP DRAWINGS, PRODUCT DATA, and SAMPLES for further details. B. The commissioning process requires Submittal review simultaneously with engineering review. Specific submittal requirements related to the commissioning process are specified in Section 01 91 00 GENERAL COMMISSIONING REQUIREMENTS. PART 2 - PRODUCTS (NOT USED) PART 3 — EXECUTION 3.1 CONSTRUCTION INSPECTIONS A. Commissioning of Electrical systems will require inspection of individual elements of the electrical systems construction throughout the construction period. The Contractor shall coordinate with the Commissioning Agent in accordance with Section 01 91 00 and the Commissioning plan to schedule electrical systems inspections as required to support the Commissioning Process. 3.2 PRE -FUNCTIONAL CHECKLISTS A. The Contractor shall complete Pre -Functional Checklists to verify systems, subsystems, and equipment installation is complete and systems are ready for Systems Functional Performance Testing. The Commissioning Agent will prepare Pre -Functional Checklists to be used to document equipment installation. The Contractor shall complete the checklists. Completed checklists shall be submitted to the OWNER and to the Commissioning Agent for review. The Commissioning Agent may spot check a sample of completed checklists. If the Commissioning Agent determines that the information provided on the checklist is not accurate, the Commissioning Agent will return the marked -up checklist to the Contractor for correction and resubmission. If the Commissioning Agent determines that a significant number of completed checklists for similar equipment are not accurate, the Commissioning Agent will select a broader sample of checklists for review. If the Commissioning Agent determines that a significant number of the broader sample of checklists is also inaccurate, all the checklists for the type of equipment will be returned to the Contractor for correction and resubmission. Refer to SECTION 01 91 00 GENERAL COMMISSIONING REQUIREMENTS for submittal requirements for Pre -Functional Checklists, Equipment Startup Reports, and other commissioning documents. COMMISIONING OF ELECTRICAL SYSTEMS 260800-2 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland 3.3 CONTRACTORS TESTS A. Contractor tests as required by other sections of Division 26 shall be scheduled and documented in accordance with Section 01 00 00 GENERAL REQUIREMENTS. All testing shall be incorporated into the project schedule. Contractor shall provide no less than 7 calendar days' notice of testing. The Commissioning Agent will witness selected Contractor tests at the sole discretion of the Commissioning Agent. Contractor tests shall be completed prior to scheduling Systems Functional Performance Testing. 3.4 SYSTEMS FUNCTIONAL PERFORMANCE TESTING A. The Commissioning Process includes Systems Functional Performance Testing that is intended to test systems functional performance under steady state conditions, to test system reaction to changes in operating conditions, and system performance under emergency conditions. The Commissioning Agent will prepare detailed Systems Functional Performance Test procedures for review and approval by the Engineer. The Contractor shall review and comment on the tests prior to approval. The Contractor shall provide the required labor, materials, and test equipment identified in the test procedure to perform the tests. The Commissioning Agent will witness and document the testing. The Contractor shall sign the test reports to verify tests were performed. See Section 01 91 00 GENERAL COMMISSIONING REQUIREMENTS, for additional details. 3.4 TRAINING OF OWNER PERSONNEL A. Training of the OWNER operation and maintenance personnel is required in cooperation with the Resident Engineer and Commissioning Agent. Provide competent, factory authorized personnel to provide instruction to operation and maintenance personnel concerning the location, operation, and troubleshooting of the installed systems. Contractor shall submit training agendas and trainer resumes in accordance with the requirements of Section 01 91 00. The instruction shall be scheduled in coordination with the OWNER Resident Engineer after submission and approval of formal training plans. Refer to Section 01 91 00 GENERAL COMMISSIONING REQUIREMENTS and Division 26 Sections for additional Contractor training requirements. END OF SECTION 26 08 00 COMMISIONING OF ELECTRICAL SYSTEMS 260800-3 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland 2 SECTION 26 08 11 - TESTING OF ELECTRICAL SYSTEMS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions, Division 1 Specifications and Section 26 00 00, apply to this Section. 1.2 SECTION INCLUDES A. Complete testing and evaluations to assure that the electrical system is installed for proper operation. B. Test results should be turned in prior to 95% billing of area tested. Tests are intended to be performed before conductors are energized. 1.3 RELATED SECTIONS A. Section 26 00 00 - Electrical B. Section 26 05 19 - Low Voltage Electrical Power Conductors and Cables C. Section 26 05 26 - Grounding and Bonding for Electrical Systems 1.4 REFERENCES A. Biddle Instruments #21-P8a — Electrical Insulation Testing B. Biddle Instruments #25Ta — Earth Resistance Testing 1.5 COORDINATION A. Coordinate special tests and/or equipment start up as specified or implied in related sections. 1.6 SUBMITTALS A. Submittals required in this section shall conform to and be submitted in accordance with the General Conditions, Division 1, and Division 26, Section 26 00 90 requirements. Included in this section are megger tests of all main feeders to all switchboards and/or panelboards, and others as listed. Submit tests of insulation resistance, conductor resistance, and ground resistance. PART 2 - MANUFACTURERS A. Absolute Testing. PART 3 - EXECUTION 3.1 TESTING TESTING OF ELECTRICAL SYSTEMS 260811-1 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland A. All testing of all conductors #2 AWG and larger to be performed by independent testing firm ie: ABSOLUTE TESTING SERVICES. B. Perform in accordance with manufacturer's printed testing procedures, applicable industry standards, ANSI standards, IEEE standards, NEMA standards and as directed by the Engineer. Provide testing equipment in good working order and which complies with the applicable industry standards and manufacturer's requirements. Include a list of testing equipment used and date of last calibration. C. Test the following: 1. All new feeder conductors. 2. Equipment grounds for each feeder: Ground resistance shall not exceed 25 ohms. D. Perform all tests in the presence of the Engineer, Architect or the Owner in accordance with the forms included in this section. E. Thermographic testing on the following: 1. New Main switchboard sections and breakers. 2. New A.T.S. connection points 3. All Conductor Splices F. Submit each test form within ten (10) working days from the time the test is performed. G. Document all test results and provide a signed report by the testing technician as witnessed. Reports shall include date, time, weather conditions, field conditions, test data, instruments used and brief description of the test. Include reports in operating manuals. Submit tests. END OF SECTION 26 08 11 TESTING OF ELECTRICAL SYSTEMS 26 08 11 -2 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M Job Name: Person and Company Conducting Test: Signature of Person Conducting Test: Insulation Test Results (Megger) Notes: 1. Test shall be conducted after conductors are pulled. 2. Ground resistance on insulation shall be no less than one (1) megohm. 3. Make copies of this form if more blanks are needed. City of Pearland TESTING OF ELECTRICAL SYSTEMS 26 08 11 -3 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland Job Name: Person and Company Conducting Test: Signature of Person Conducting Test: Feeder Ground Test Results Notes: 1. Test shall be conducted at time of substantial completion. 2. Ground resistance shall not exceed 25 ohms. 3. Make copies of this form if more blanks are TESTING OF ELECTRICAL SYSTEMS 26 08 11 -4 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland SECTION 26 20 00 - ELECTRICAL DISTRIBUTION EQUIPMENT PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Conditions of the Contract Documents and Division 1 - General Requirements as applicable, apply to this Section. 1.2 SUMMARY A. Provide all electrical distribution and motor control equipment and accessories required to distribute electrical power to all motors, outlets and systems requiring power. 1.3 QUALITY ASSURANCE A. New: Provide all new equipment. B. Single Manufacturer: All equipment of each type shall be the product of one manufacturer. C. UL: Equipment shall be UL listed. Service entrance equipment shall bear UL Service Entrance label. D. NEC: Equipment and installation shall comply with the National Electrical Code. E. Wet Locations: Equipment and enclosures installed outdoors and in wet locations shall be approved for the purpose. F. IEEE: Institute of Electrical and Electronics Engineers Standard 1015-1997 (Blue Book) Recommended Practice for Applying Low -Voltage Circuit Breakers Used in Industrial and Commercial Power Systems. 1.4 LABELING A. Nameplates and labeling shall be provided in accordance with Section 26 05 53. All feeders shall be labeled at the feeder device. 1.5 FINISHES A. All equipment shall have a factory applied gray finish applied over a rust inhibiting treatment. Any items which have the finish marred shall be touched up or refinished to a new condition before final acceptance. This shall include, but shall not be limited to, sanding and properly removing rust or other contaminants and completely repainting equipment if damage is extensive. Overall acceptance is subject to approval of the Engineer. 1.6 SUBMITTALS A. Provide complete product data for each equipment type. Provide electric service studies when required. B. Submittal shall include written recommendation from manufacturer of settings for all electronic trip adjustment setting on all equipment furnished with adjustable trip settings. Contractor is responsible for adjusting all electronic trip settings per manufacturer recommendations. ELECTRICAL DISTRIBUTION EQUIPMENT 262000-1 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland C. Electrical connections to all equipment furnished by any other division shall be coordinated with final approved equipment submittals from other divisions including but not limited to circuit breaker sizes, conduit sizes, wire sizes, fuse sizes, disconnect switch sizes and starter sizes that differ from those shown on the drawings prior to submitting Electrical Distribution Equipment submittal. 1.7 SHORT CIRCUIT CURRENT RATINGS A. General: All switchboards and panelboards shall be fully rated and marked with a maximum short circuit current rating. The equipment manufacturer shall have verified this rating with high -amperage testing. All short circuit current ratings are expressed as amperes RMS symmetrical at the applied voltage unless otherwise noted. All equipment shall withstand the specified level of fault current. All overcurrent devices shall interrupt the specified level of fault current. 1.8 ELECTRIC SERVICE STUDIES A. Standard: Submit studies in accordance with ANSI/IEEE Standard 242 Recommended Practice for Protection and Coordination of Industrial and Commercial Power Systems. B. Submit one -line diagram for each electrical service. Key all equipment and components on diagram to items in the studies. C. Provide a short-circuit current analysis for each main switchboard. Short-circuit analysis shall calculate short-circuit levels at service transformer secondary, switchboard main breaker, each feeder breaker and all levels of downstream distribution equipment. Assume infinite source bus. D. Provide a time -current coordination study for each main switchboard. Coordination study shall compare the operating levels and times of the protective devices to the withstand levels and times that the equipment can sustain without damage or failure. Determine electronic trip unit settings necessary to achieve optimal selective coordination between 480 volt main service circuit breaker and first level of feeder distribution devices. Determine setting for all adjustments of trip units of all electronic circuit breakers that are linked by zone -selective -interlocking. Furnish time -current curves for the two (or more) levels of distribution protected with electronic trips, plus the first additional distribution level served from the switchboard feeder. Show a separate composite plot for each feeder breaker trip rating with the main breaker. Plot composite time -current curves on log -log background. Add a typical frame size of downstream molded -case circuit breaker to each switchboard feeder composite plot. E. Contractor shall make all adjustments to circuit breakers per electric service study and provide written documentation that all adjustments have been made. 1.9 OWNER'S INSTRUCTION A. Provide a four hour period of instruction to the Owner's designated personnel upon completion of the main switchboards installation. Instruction shall include a functional training session on emergency standby operation. Review manufacturer's recommended switchboard maintenance. The Operations and Maintenance Manual shall be complete and on -site at the time of Owner instruction. ELECTRICAL DISTRIBUTION EQUIPMENT 262000-2 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Unless indicated otherwise, all equipment in this section shall be provided from a single manufacturer. The product designations listed are to establish a level of quality. Acceptable manufacturers are, 1. ABB/GE 2.14 MAIN SWITCHBOARDS: A. General: Provide universal building —type switchboards fabricated in accordance with NEMA Standard PB-2, UL Standard 891, and bearing a UL Service Entrance Label. Switchboard characteristics are 480/277 volts, 3 phase, 4 wire. Main connection and unit - mounted branch connections shall be from the rear. Group mounted branch connections shall be from the front or the rear. The entire switchboard assembly shall be similar to ABB/GE Spectra Series. B. Structure: 1. The switchboard shall be freestanding and have front and rear alignment. Formed up steel channels bolted together to form a rigid structure to which formed up fronts, side sheets, and rear covers are bolted. Galvanized 1-1/2" x 3" mounting channels on bottom, rear, left, and right sides to close all openings at the bottom. Arrange for easy addition of future cubicles at end. Provide pull box, fabricated with unit at factory, on top of switchboard if required for proper entrances and exits of feeders. 2. When "SPACE" is indicated on one -line diagram, provide full bussing extension to serve that space and all overcurrent device mounting hardware for the given frame size. C. Installation: Freestanding, level and bolted to a four (4) inch concrete pad. E. Phase, Neutral and Ground Bussing: Silver plated 98% conductivity copper sized to comply with NEMA Temperature Rise Standard. In addition, copper bus shall be sized on the basis of a maximum temperature rise of 65 degree C. The vertical bussing per cubicle shall be sized not less than the sum of all devices, including spare spaces, to be served from that cubicle. The vertical bus shall be a minimum of 2000 amperes and shall be full height. Bus supports, connections, and joints shall be bolted with SAE Grade 5 medium carbon steel bolts employing Belleville washers. Provide complete bussing, mounting provisions for circuit protective devices and space screw cover wherever the drawings indicate space only. Arrange and drill bussing for future full capacity extension. Provide a full length ground bus, with minimum ampacity of 25% phase bus ampacity. Provide full—size neutral rated at 100 percent of phase bus. F. Terminations: Provide proper incoming line lugs to accommodate cable shown on plans. G. Short Circuit Ratings: 1. Switchboard assembly of protective devices, together with the bussing and bracing, shall be fully -rated to withstand and interrupt short circuits on a system capable of delivering up to 00._O:O amps RMS symmetrical at nominal system voltage. H. Metering: ELECTRICAL DISTRIBUTION EQUIPMENT 262000-3 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland A. Furnish a multi -function electronic meter as described below and where indicated on the drawings. GE.ABB PQMII 1. The meter shall be a micro -processor based digital meter for measuring multiple electrical quantities. The meter shall be suitable for application on a three phase electrical power system. The meter shall be capable of displaying true RMS basic metering parameters and have a communications capability. 2. The meter shall have a Multi -character display . Metered values, status, user programmed setpoints shall be displayed. The meter shall have flash memory storage of firmware for field updating via the communications port. 3. The meter shall have a keypad for entering setpoints and programming the meter. The keypad shall be rubber and shall be dust tight and slash proof. In addition an RS232 computer interface port, located on the meter front, shall be provided for downloading to the meter from a laptop computer and for accessing meter data. The meter shall also be provided with two RS485 ports which shall provide simultaneous access to the meter data using the MODBUS RTU protocol. 4. The meter shall measure and display the following true RMS values: 5. Each voltage and current shall be sampled 64 times per cycle for 0.2% accuracy. a) RMS Current per phase b) RMS Voltage phase -to -phase and phase -to -neutral c) Current demand. d) Peak current. e) Watt-hours, three phase total. f) KVA per phase and three phase total g) Watt demand h) KVA demand i) KVAR per phase and three phase total j) KVAR demand k) Power factor per phase and three phase total I) Power factor average m) Peak readings for watts, KVA and KVAR n) Frequency o) Total Harmonic Distortion THD p) Individual Harmonics q) Crest Factor & Transformer Derating Factor 6. The meter shall have user programmable setpoints for all measured quantities. These shall include overcurrent, undercurrent, neutral current, current unbalance, voltage unbalance, phase reversal, over/under frequency, and power factor. Tamper resistant settings shall be password protected to prevent unauthorized setpoint changes. 7. The meter shall accept standard 5 Ampere current transformer inputs and standard 120 Volt potential transformer input. Potential transformers shall not be required for system voltages up to 600 Volts AC 8. The meter shall have four (4) isolated 4-20 mA outputs programmable to any measured parameter. The meter shall have four (4) logic inputs and three (3) output relays. The output relays shall be capable of being assigned to different setpoints. 9. The meter shall contain a data logger (trending) capability. This trending capability shall be ELECTRICAL DISTRIBUTION EQUIPMENT 262000-4 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland for selected measured values and the trend data shall be capable of being plotted. 10. The meter shall contain a harmonic analysis capability. Voltage and current waveforms shall captured and displayed on a PC using the PQMPC program or the PMCS software. 11. The meter shall have alarms for the following conditions: overcurrent, undercurrent, neutral current, current unbalance, over/under voltage, phase sequence, over/under frequency, power factor, and switch input. The alarm messages shall be displayed in easy to understand English format. 12. The meter shall contain an event recorder. Alarms, setpoint triggers, input and output events shall be stored in a 40 event record and time/date stamped by the internal clock. The event record shall be available for printout via the PQMPC software program or by integration into a facility communication network. Minimum and maximum values shall also be continuously updated and time stamped. 13. The meter shall be supplied with the PQMPC software for programming the meter and downloading setpoint values via the RS232 communications port. The software shall also be capable of accessing metered values and performing harmonic analysis. The software shall be Windows based and capable of running on either a desktop or laptop PC. The meter shall also be supplied with a comprehensive instruction manual. 14. The meter shall meet the following standards: ANSI C37.90.1 Surge - Fast Transient and Oscillatory ANSI C37.90.2 Radiated EMI Withstand Capability Protective Devices: 1. Switchboard Main Breaker: a. Stationary mounted, manually operated, 100 percent rated molded case or insulated case circuit breakers with electronic tripping system and stored energy closing mechanisms. The electronic tripping system shall be similar to ABB/GE Entelliguard Trip unit. Main breakers shall be ABB/GE Powerbreak II. b. The breaker shall be UL Listed for continuous duty at 100% of the current rating. c. Minimum interrupting rating of 100.00C amperes rms symmetrical at 480/277 Volts. d. Local trip indicators: overload, short circuit and ground fault. e. Electronic sensing systems shall be true-RMS sensing and not susceptible to adverse harmonic current effects. f. Adjustments: 1) The electronic trip unit shall have LSIG Trip functions. g. All Main circuit breakers 1200A and larger shall be provided with an arc reduction switch similar to the ABB/GE RELT (Reduced Energy Let-Thru) feature. 2. Feeder Devices: a. Breakers 700 Amps and Larger: 1) Branch feeder breakers 700 amp and larger shall be molded case circuit breakers rated 1 0C with electronic trip units, similar to ABB/GE Spectra. 2) Interrupting rating shall be at least 100,000 amperes rms symmetrical at 480/277 Volts. ELECTRICAL DISTRIBUTION EQUIPMENT 262000-5 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland 3) The electronic trip unit shall have LSI trip functions, unless ground fault (GF) is indicated on the drawings, then LSIG shall be provided. 4) The breaker shall be UL Listed for continuous duty at 100% of the current rating. a. Breakers 600 amps and smaller shall be ABB/GE Spectra G (600A and 400A), Spectra F (250A frame) and Spectra E (150A frame) molded circuit breakers, AIC rating to match main breaker. b. The breaker shall be UL Listed for continuous duty at 100% of the current rating for 400A frame and larger J. Transient Voltage Surge Suppressor (TVSS): 1. General: Provide a ABB/GE surge current rated SPD mounted external to new switchboard. L. Identification: 1. General: Identify each device and meter with a nameplate showing load served. Refer to Article on LABELING in Section 26 05 00. 2. Master Nameplate: Provide a master nameplate on face of boards similar to following, with correct data shown: Main Switchboard 480/277 Volts, 3 Phase, 4 Wire, 60 Hertz Main Bus: amps. braced for RMS sym. amps. Date Installed: M. Submittal: Include at least the following: 1. Manufacturer and Model Numbers 2. Dimensions 3. Cable Termination Provisions 4. Current Ratings 5. Voltage Ratings 6. Short Circuit Ratings 7. Protective Device Ratings 8. Electronic metering system 9. Surge Arrester 10. Unit Elevation 11. Bussing Schematic, Sizes and Statement of Conductor and Plating Materials 12. Original Manufacturer Brochure and Specifications 13. Coordination drawing using dimensions of actual switchboard submitted. Show board footprint, proper clearances, and other equipment in same room. N. Testing: Test all devices and systems to assure proper operation. PART 3 - EXECUTION 3.1 MOUNTING: A. General: All equipment shall be securely fastened in place. B. Locations: In all cases mounting locations shall comply with the requirements of the National Electrical Code. This shall include providing suitable working clearances. ELECTRICAL DISTRIBUTION EQUIPMENT 262000-6 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland C. Concrete Pads: 1. Provide concrete in accordance with the Division of the Specifications for that product. 2. Indoor concrete pads shall consist of a four (4) inch pad with beveled edges extending two (2) inches beyond the perimeter of supported equipment. Switchboards, motor control centers, transformers greater than 15 KVA, and engine generators shall be installed on a pad. Refer to the drawings and the specifications for each piece of equipment to determine what other equipment shall be mounted on a pad. 3. All equipment, ground mounted outdoors, shall be mounted on a pad. Outdoor pads shall be minimum of one foot thick reinforced with #4 rebar one (1) foot on center each way. Size outdoor pads with at least four (4) feet working clearance in front of equipment and one (1) foot on all sides. Provide anchor bolts for pad - mounted equipment. Refer to Detail on drawings. A. Wall Mounted Equipment: Wall mounted equipment shall be suitably positioned on the wall. Equipment mounted on exterior basement wall shall have unistrut channels between the wall and the equipment to prevent condensation problems. Where wall mounted equipment is specified, but a convenient wall not available, a suitable unistrut mounting stanchion anchored in concrete shall be provided. In lieu of this stanchion, small devices may be mounted on to the equipment served if approved by the equipment manufacturer. B. Motor rated disconnects: Install disconnects in a vertical orientation with off in the down position. 3.2 DELIVERY, STORAGE AND HANDLING: A. General: 1. Store all types of electrical power distribution equipment in a clean, heated building affording appropriate physical protection. Control access to prevent unauthorized tampering with the equipment. However, equipment may be stored in other inside or outside environments under approved conditions. 2. Inspect equipment when received at Project site for shipping damage. Report as required by freight carrier to recover repair or replacement costs from the freight carrier in the event damage was sustained. 3. Covers are required unless indoor, ventilated storage conditions exist. Canvas tarpaulins or the equivalent are preferred over other coverings because they provide better humidity control and enclosure scuff protection. Where exposed to moisture, covers shall be waterproof. 4. The manufacturer's shipping skids shall be left on the equipment to provide structural support until the equipment is set in final resting place. 5. Refer to Section 26 05 00 for additional requirements. Contractor shall furnish new equipment to replace any equipment that is exposed to weather or subjected to other deleterious effects of construction. B. Approved Conditions for Equipment Storage: 1. General: Where storage conditions specified above are not available, indoor or outdoor storage shall comply with the following. 2. Switchboards, Motor Control and Other General Distribution and Utilization Equipment: a. Store metal -enclosed equipment in the upright position. Provide good ventilation of the shelter and protection from dirt, moisture and physical damage. b. Space heaters furnished with the equipment shall be connected to a continuous source of power of the proper rating. Where space heaters ELECTRICAL DISTRIBUTION EQUIPMENT 262000-7 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland are supplied from auxiliary power transformers, care shall be taken that low -voltage heater circuits are properly isolated before power source connection to prevent inadvertent energizing of the auxiliary transformer and associated high -voltage primary wiring. c. Ambient conditions may allow condensation inside waterproof covers. If condensation is occurring, temporary heaters or lamp banks shall be provided of sufficient wattage to prevent condensation. d. Contractor shall ensure that equipment stored in shipping cases receives adequate ventilation to avoid mildew and prevent condensation. C. Transformer 1. Indoor storage shall be provided for all transformers. 3.3 GROUND FAULT PROTECTION OF EQUIPMENT: A. General: Provide for system performance testing as required by the National Electrical Code. Provide each ground fault relay, sensing device or ground fault protection system with instructions and a test form. The form shall be retained by those in charge of the building's electrical installation and be available to the authority having jurisdiction. The instruction content shall be as required by UL. 3.4 LABELING: A. Nametag: Provide a nametag for each piece of distribution equipment; see Section 26 05 53, Electrical Identification. END OF SECTION 26 20 00 ELECTRICAL DISTRIBUTION EQUIPMENT 262000-8 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland SECTION 26 32 13 — AUTOMATIC TRANSFER SWITCH PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Provide an emergency power system for emergency standby power loads required. B. Provide all labor, materials, and equipment as necessary to complete all work as indicated on the drawings, and as specified herein. C. Products supplied but not installed under this section. Products shall be turned over to the Owner. 1. Emergency system equipment as follows: a. Complete set of all special tools required to operate and service the equipment as recommended by the manufacturer for field maintenance. D. Related Sections: 1. Division 1 - General Requirements 2. Applicable sections of Division 16 - Electrical E. Power Source: Existing on -site engine -generator. F. Transfer: Power to emergency loads shall be automatically transferred from normal utility power to the emergency engine generator upon loss of normal power. Transfer and assumption of load shall occur in ten (30) seconds or less. Loads shall be automatically retransferred upon restoration of normal source. G. Distribution System: Distribution equipment devices, and circuits shall be provided as required to distribute power to emergency loads. 1.3 REFERENCES A. Emergency generators shall be in accordance with the latest applicable standards as recommended by, SAE, IEEE, and ANSI/NEMA MG-1 Motors and Generators. 1.4 SUBMITTALS A. Shop Drawings: 1. Emergency Automatic Transfer systems including: a. Auxiliary and remote equipment. 2. Plan and elevation views with overall and interconnection point dimensions and electrical diagrams including schematic and interconnection diagrams. AUTOMATIC TRANSFER SWITCH 263213-1 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland 3. Product data showing dimensions, weights, ratings, interconnection points, and internal wiring diagrams for A.T.S. 4. Installation instructions. 5. Name, location and phone number of nearest authorized distributor/service facility. 6. Sequence of Operation - Manufacturer shall prepare a detailed, typewritten sequence of operation and submit as part of the approval documents. Final approved sequence of operation shall be permanently encapsulated in plastic laminate and permanently attached to the equipment. Format shall be 8Y2" x 11" or 11" x 17" as appropriate. 7. Include schematic one -line diagram with appropriate symbols and nomenclature properly referenced to text. B. Product Data: 1. Specification Review: A complete item by item, line by line specification review. 2. Transfer Switch: Show complete data showing compliance. Include continuous and withstand current ratings of all contacts. C. Manuals and Test Data 1. Operation and Maintenance Manuals for all major components including instructions for normal operation, routine maintenance requirements, service manuals for generator, engine, oil sampling and analysis for engine wear, and emergency maintenance procedures. 1.5 QUALITY ASSURANCE A. Authority Having Jurisdiction: 1. General: The system shall comply with all applicable Codes and Ordinances as interpreted and enforced by the local authority having jurisdiction. B. National Electrical Code: The system shall comply with NFPA 70, National Electrical Code, including: 1) Article 445, 2) 700. C. UL: 1. General: Comply with applicable requirements of UL Standards, including the following. a. UL 1008: Automatic Transfer Switches, Fourth Edition or later. b. ANSI / NEMA: Comply with applicable requirements of ANSI / NEMA MG 1, "Motors and Generators", and MG 2, "Safety and Use of Electric Motors and Generators". c. IEEE: Comply with applicable portions of IEEE Std 446-1987, "IEEE Recommended Practice for Emergency and Standby Power Systems for Industrial and Commercial Applications" (Orange Book) 1.6 OWNER'S INSTRUCTIONS A. Provide a four (4) hour period of instruction to the Owner's designated personnel upon completion of the system installation. Run engine -generator set and review. Explain operation of generator. Demonstrate complete transfer sequence of utility -generator - utility. Operations & Maintenance Manual shall be complete and on -site for use during Owner's Instruction. AUTOMATIC TRANSFER SWITCH 263213-2 LEAF Engineers Project No. 20182M 1.7 WARRANTY PBS Back-up Power Redundancy for Critical Facility City of Pearland A. Furnish full parts and labor warranty to cover the entire engine generator package and automatic transfer switch including all accessories, components, controls, batteries, etc. for five years. Warranty shall begin from date of Certificate of Substantial Completion. Provide a sample of manufacturer's warranty certificates within equipment submittal. Warranty start dates from shipment or start up will not be accepted. B. In addition to full parts, labor, the Standard and Extended warranty shall include miscellaneous materials, travel time, incidental expenses, normal freight/shipping,etc. and any expenses related to service calls required to diagnose and correct warranty issues. No purchase order number shall be required by the owner for service calls within warranty period. Purchase order number can be issued after problem is determined not to be a warranty issue. C. The manufacturer shall provide factory certificates for Automatic Transfer Switch listing at a minimum the model, serial number and warranty information as specified above. Payment to contractor may be held if warranty certificates are not provided in a timely manner. D. All warranty work shall be performed by factory direct service technician. Warranty work shall not be performed by installing contractor. 1.8 MAINTENANCE A. Furnish one set of tools required for preventative maintenance of A.T.S.. Package tools in adequately sized metal tool box. PART 2 - PRODUCTS 2.1 AUTOMATIC TRANSFER SWITCHES A. Furnish and install automatic transfer switches (ATS) with four (4) poles, amperage, voltage, withstand and close -on ratings as shown on the plans. Each automatic transfer shall consist of an inherently double throw power transfer switch mechanism and a microprocessor controller to provide automatic operation. All transfer switches and controllers shall be the products of the same manufacturer. B. Acceptable Manufacturers: 1. Zenith by ABB C. Mechanically Held Transfer Switch 1. The transfer switch shall be electrically operated and mechanically held. The electrical operator shall be a momentarily energized, single -solenoid mechanism. Main operators which include overcurrent disconnect devices, linear motors or gears shall not be acceptable. The switch shall be mechanically interlocked to ensure only two possible positions, normal or emergency. 2. All transfer switch sizes shall use only one type of main operator for ease of maintenance and commonality of parts. 3. The switch shall be positively locked and unaffected by momentary outages, so that contact pressure is maintained at a constant value and contact temperature rise is minimized for maximum reliability and operating life. 4. All main contacts shall be silver composition. Switches rated 600 amperes and above shall have segmented, blow -on construction for high withstand and close - on capability and be protected by separate arcing contacts. 5. Inspection of all contacts shall be possible from the front of the switch without disassembly of operating linkages and without disconnection of power conductors. All stationary and moveable contacts shall be replaceable without removing power conductors and/or bus bars. AUTOMATIC TRANSFER SWITCH 263213-3 LEAF Engineers Project No. 20182M PBS Back-up Power Redundancy for Critical Facility City of Pearland 6. Designs utilizing components of molded -case circuit breakers, contactors, or parts thereof, which are not intended for continuous duty, repetitive switching or transfer between two active power sources are not acceptable. D. Microprocessor Controller 1. The controller's sensing and logic shall be provided by a single built-in microprocessor for maximum reliability, minimum maintenance, and the ability to communicate serially through an optional serial communication module. 2. A single controller shall provide twelve selectable nominal voltages for maximum application flexibility and minimal spare part requirements. Voltage sensing shall be true RMS type and shall be accurate to ± 1 percent of nominal voltage. Frequency sensing shall be accurate to ± 0.2 percent. The panel shall be capable of operating over a temperature range of -20 to +60 degrees Celsius and storage from -55 to +85 degrees Celsius. 3. The controller shall be connected to the transfer switch by an interconnecting wiring harness. The harness shall include a keyed disconnect plug to enable the controller to be disconnected from the transfer switch for routine maintenance. Sensing and control logic shall be provided on multi -layer printed circuit boards. Interfacing relays shall be industrial grade plug-in type with dust covers. The panel shall be enclosed with a protective cover and be mounted separately from the transfer switch unit for safety and ease of maintenance. The protective cover shall include a built-in pocket for storage of the operator's manuals. 4. All customer connections shall be wired to a common terminal block to simplify field -wiring connections. 5. The controller shall meet or exceed the requirements for Electromagnetic Compatibility (EMC) as follows: a. EN 55011:1991 Emission standard - Group 1, Class A b. EN 50082-2:1995 Generic immunity standard, from which: 1) EN 61000-4-2:1995 Electrostatic discharge (ESD) immunity 2) ENV 50140:1993 Radiated Electro-Magnetic field immunity 3) EN 61000-4-4:1995 Electrical fast transient (EFT) immunity 4) EN 61000-4-5:1995 Surge transient immunity 5) EN 61000-4-6:1996 Conducted Radio -Frequency field immunity c. IEEE472 (ANSI C37.90A) Ring Wave Test. E. Enclosure 1. The ATS shall be furnished in a Type 1 enclosure unless otherwise shown on the plans. F. Controller Display and Keypad 1. A four line, 20 character LCD display and keypad shall be an integral part of the controller for viewing all available data and setting desired operational parameters. Operational parameters shall also be available for viewing and limited control through the serial communications input port. The following parameters shall only be adjustable via DIP switches on the controller: a. Nominal line voltage and frequency b. Single or three phase sensing AUTOMATIC TRANSFER SWITCH 263213-4 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland c. Operating parameter protection d. Transfer operating mode configuration (Open transition, Closed transition, or Delayed transition) All instructions and controller settings shall be easily accessible, readable and accomplished without the use of codes, calculations, or instruction manuals. G. Voltage, Frequency and Phase Rotation Sensing 1. Voltage and frequency on both the normal and emergency sources (as noted below) shall be continuously monitored, with the following pickup, dropout, and trip setting capabilities (values shown as % of nominal unless otherwise specified): Pickup / Reset Parameter Sources Dropout / Trip Undervoltage N&E,4 70 to 98% 85 to 100% Overvoltage N&E,34 102 to 115% 2% below trip Underfrequency N&E 85 to 98% 90 to 100% Overfrequency N&E 102 to 110% 2% below trip Voltage unbalance N&E 5 to 20% 1 % below dropout 2. Repetitive accuracy of all settings shall be within ± 0.5% over an operating temperature range of -20°C to 60°C. 3. Voltage and frequency settings shall be field adjustable in 1% increments either locally with the display and keypad or remotely via serial communications port access. 4. The controller shall be capable (when activated by the keypad or through the serial port) of sensing the phase rotation of both the normal and emergency sources. The source shall be considered unacceptable if the phase rotation is not the preferred rotation selected (ABC or CBA). 5. Source status screens shall be provided for both normal & emergency to provide digital readout of voltage on all 3 phases, frequency, and phase rotation. H. Time Delays 1. An adjustable time delay of 0 to 6 seconds shall be provided to override momentary normal source outages and delay all transfer and engine starting signals. 2. A time delay shall be provided on transfer to emergency, adjustable from 0 to 60 minutes, for controlled timing of transfer of loads to emergency. 3. Two time delay modes (which are independently adjustable) shall be provided on re -transfer to normal. One time delay shall be for actual normal power failures and the other for the test mode function. The time delays shall be adjustable from 0 to 60 minutes. Time delay shall be automatically bypassed if the emergency source fails and the normal source is acceptable. 4. A time delay shall be provided on shut down of engine generator for cool down, adjustable from 0 to 60 minutes. 5. A time delay activated output signal shall also be provided to drive an external relay(s) for selective load disconnect control. The controller shall have the ability to activate an adjustable 0 to 5 minute time delay in any of the following modes: a. Prior to transfer only. b. Prior to and after transfer. c. Normal to emergency only. d. Emergency to normal only. e. Normal to emergency and emergency to normal. f. All transfer conditions or only when both sources are available. AUTOMATIC TRANSFER SWITCH 263213-5 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland Additional Features 1. A three position momentary -type test switch shall be provided for the test / automatic / reset modes. The test position will simulate a normal source failure. The reset position shall bypass the time delays on either transfer to emergency or retransfer to normal. 2. A SPDT contact, rated 5 amps at 30 VDC, shall be provided for a low -voltage engine start signal. The start signal shall prevent dry cranking of the engine by requiring the generator set to reach proper output, and run for the duration of the cool down setting, regardless of whether the normal source restores before the load is transferred. 3. Auxiliary contacts, rated 10 amps, 250 VAC shall be provided consisting of one contact, closed when the ATS is connected to the normal source and one contact closed, when the ATS is connected to the emergency source. 4. LED indicating lights (16 mm industrial grade, type 12) shall be provided; one to indicate when the ATS is connected to the normal source (green) and one to indicate when the ATS is connected to the emergency source (red). 5. LED indicating lights (16 mm industrial grade, type 12) shall be provided and energized by controller outputs. The lights shall provide true source availability of the normal and emergency sources, as determined by the voltage sensing trip and reset settings for each source. a. The following features shall be built-in to the controller, but capable of being activated through keypad programming or the serial port only when required by the user: 1) Provide the ability to select "commit/no commit to transfer" to determine whether the load should be transferred to the emergency generator if the normal source restores before the generator is ready to accept the load. 2) Terminals shall be provided for a remote contact which opens to signal the ATS to transfer to emergency and for remote contacts which open to inhibit transfer to emergency and/or retransfer to normal. Both of these inhibit signals can be activated through the keypad or serial port. 3) An Inphase monitor shall be provided in the controller. The monitor shall control transfer so that motor load inrush currents do not exceed normal starting currents, and shall not require external control of power sources. The inphase monitor shall be specifically designed for and be the product of the ATS manufacturer. The inphase monitor shall be equal to ASCO Feature 27. J. Engine Exerciser: The controller shall provide an internal engine exerciser. The engine exerciser shall allow the user to program up to seven different exercise routines. For each routine, the user shall be able to: 1. Enable or disable the routine. 2. Enable or disable transfer of the load during routine. 3. Set the start time, - time of day - day of week - week of month (1st, 2nd, 3rd, 4th, alternate or every) 4. Set the duration of the run. At the end of the specified duration the switch shall transfer the load back to normal and run the generator for the specified cool down period. A 10-year life AUTOMATIC TRANSFER SWITCH 263213-6 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland battery that supplies power to the real time clock in the event of a power loss will maintain all time and date information. K. Withstand and Close -On Ratings 1. The ATS shall be rated to close on and withstand the available RMS symmetrical short circuit current at the ATS terminals with the type of overcurrent protection shown on the plans. 2. The ATS shall be UL listed in accordance with UL 1008 and be labeled in accordance with that standard's 11/2 and 3 cycle, long-time ratings. ATSs which are not tested and labeled with 11/2 and 3 cycle (any breaker) ratings and have series, or specific breaker ratings only, are not acceptable. L. Tests and Certification 1. The complete ATS shall be factory tested to ensure proper operation of the individual components and correct overall sequence of operation and to ensure that the operating transfer time, voltage, frequency and time delay settings are in compliance with the specification requirements. M. Service Representation 1. The ATS manufacturer shall maintain a national service organization of company -employed personnel located throughout the contiguous United States. The service center's personnel must be factory trained and must be on call 24 hours a day, 365 days a year. PART 3 - EXECUTION 3.1 GENERAL A. Provide all work required for a complete system, including complete system testing and checkout. The installation of this system shall comply with the directions and recommendations of authorized factory representatives. 3.2 EMERGENCY DISTRIBUTION SYSTEM A. All boxes, and enclosures (including transfer switches, generators, and power panels) for emergency circuits shall be permanently marked so they will be readily identified as a component of an emergency circuit or system. Emergency circuits shall be specially marked and shall be run in raceway separate from normal powered circuits. All distribution equipment shall be specifically indicated "EMERGENCY" on the equipment nametag. Color code for emergency markings and all nametags shall be RED. 3.3 COMMISSIONING SERVICE A. A final inspection and an initial startup of the system shall be rendered by the authorized factory representatives. B. A letter of certification written by the authorized factory representatives, which states that the system is properly installed and does properly function as recommended by the factory and as described in this specification, shall be submitted to the Architect for his approval. C. A test run shall be performed by the authorized factory representative in the presence of the Owner, Architect and Engineer; the time of this test run shall be mutually agreed upon by all persons concerned. This test run may, but is not required to, coincide with other testing requirements described in this section. AUTOMATIC TRANSFER SWITCH 263213-7 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland 3.4 INSTALLATION A. General: Provide all labor required for a complete installation. B. Mounting: Anchor on a four (6) inch concrete pad with bolts and elasto-rib vibration isolators. Pad shall extend a minimum of 18 inches from each side of the generator set skid. 3.5 TESTING B. Field Testing: Conduct tests of the system as required by NEC Article 700 in the presence of the Owner, Architect, Engineer, and Code Authority having jurisdiction. The engine generator set shall demonstrate the actual sequencing of all load onto the generation unit and shall carry the building emergency loads, including any elevator(s), for a minimum period of two (2) hours. Contractor shall insure that all emergency loads are operational before scheduling this test. Test times shall be mutually agreed upon by all persons concerned. 3.6 SYSTEM GROUNDING A. The emergency power system generator output shall be grounded as a separately derived system according to the requirements of the Section titled GROUNDING. Bond the generator neutral to the generator ground. 3.7 SIGNS A. Refer to Section 16075, Electrical Identification for Sign Requirements. B. Service Entrance: A sign shall be placed at the normal power service entrance indicating location of the emergency power engine -generator set. 3.8 REMOTE WIRING A. General: Provide raceway, wiring and control cables from generator control panel to remote points. Underground conduits may be direct buried without concrete encasement if a red plastic warning tape is installed above each conduit. B. Remote Points: 1. Automatic Transfer Switches 2. Building Automation System (BAS); (BAS wires to the ATS). 3. Building Security System END OF SECTION 26 32 13 AUTOMATIC TRANSFER SWITCH 263213-8 PART 1 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland SECTION 26 43 00 - SURGE PROTECTION DEVICES (SPDs) FOR LOW -VOLTAGE ELECTRICAL POWER CIRCUITS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Section 16400 — Surge Protection Devices, individually mounted and switchboard mounted. Switchboards: Surge Protection Device integrated in switchboards. 1.3 REFERENCES A. IEEE C62.41.1, IEEE Guide on the Surge Environment in Low -Voltage (1000 V and Less) AC Power Circuits, B. IEEE C62.41.2, IEEE Recommended Practice on Characterization of Surges in Low - Voltage (1000 V and Less) AC Power Circuits, C. IEEE C62.45, IEEE Recommended Practice on Surge Testing for Equipment Connected to Low -Voltage (1000 V and Less) AC Power Circuits. D. National Electrical Code: Article 285 E. UL 1283 - Electromagnetic Interference Filters F. UL 1449, Third Edition, effective September 29, 2009 — Surge Protection Devices 1.4 SUBMITTALS A. Product Data: Submit capacity, dimensions, weights, details, and wiring configuration. B. Submittals shall include UL 1449 3rd Edition Listing documentation verifiable by visiting www.UL.com, clicking "Certifications" link, searching using UL Category Code: VZCA and VZCA2: 1. Short Circuit Current Rating (SCCR) 2. Voltage Protection Ratings (VPRs) for all modes 3. Maximum Continuous Operating Voltage rating (MCOV) 4. I -nominal rating (I-n) 5. SPD shall be UL listed and labeled as Type 1 or Type 4 intended for Type 1 or Type 2 applications. C. Upon request, an unencapsulated but complete SPD formally known as TVSS shall be presented for visual inspection. D. Minimum of ten (10) year warranty Manufacturer's Installation Instructions: Submit installation instructions and connection requirements. SURGE PROTECTION DEVICES (SPDs) FOR LOW -VOLTAGE ELECTRICAL POWER CIRCUITS 264300-1 PART 1 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland 1.5 QUALITY ASSURANCE A. List individual units under UL 1449 (Third Addition) and UL 1283. B. Single manufacturer: All equipment of each type shall be the product of one manufacturer. C. SPD shall comply with NEC Article 285 and shall be permanently marked with the short- circuit current rating of the device. D. Manufacturer Qualifications: Engage a firm with at least 5 years experience in manufacturing transient voltage surge suppressors. E. Manufacturer shall be ISO 9001 or 9002 certified. F. The manufacturer of this equipment shall have produced similar electrical equipment for a minimum period of ten (10) years. When requested by the Engineer, an acceptable list of installations with similar equipment shall be provided demonstrating compliance with this requirement. G. The SPD shall be compliant with the Restriction of Hazardous Substances (RoHS) Directive 2002/95/EC. 1.6 DELIVERY, STORAGE, AND HANDLING A. Accept equipment on site in factory packaging. Inspect for damage. B. Protect equipment from damage by providing temporary covers until construction is complete in adjacent space. C. Handle and store equipment in accordance with manufacturer's Installation and Maintenance Manuals. One (1) copy of this document to be provided with the equipment at time of shipment. PART 2 - PRODUCTS 2.1 SURGE PROTECTION DEVICES (SPDs) A. Manufacturers: 1. GE/ABB B. Product Description: Surge protection devices for protection of AC electrical circuits. C. Unit Operating Voltage: As indicated on Drawings. D. Construction: 1. Finish: Factory finish of baked enamel. 2. Balanced Suppression Platform: Equally distribute surge current to Metal Oxide Varistor (MOV) components to ensure equal stressing and maximum performance. Furnish surge suppression platform with equal impedance paths to each matched MOV. 3. Internal Connections: Hardwired with connections using low impedance conductors and compression fittings. SURGE PROTECTION DEVICES (SPDs) FOR LOW -VOLTAGE ELECTRICAL POWER CIRCUITS 264300-2 PART 1 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland 4. Safety and Diagnostic Monitoring: Equipped with standard overcurrent protection: a. Continuous monitoring of fusing system. b. Monitor individual MOV's (including neutral to ground). Capable of identifying open circuit failures not monitored by conventional fusing systems. c. Monitor for overheating in each mode due to thermal runaway. d. Furnish green and red solid state indicator light on each phase. Absence of green light and presence of red light indicates which phases have been damaged. Fault detection activates flashing trouble light. Units not capable of detecting open circuit damage, thermal conditions, and over current will not be accepted. 5. Labeling: Permanently affix UL 1449 (Third Addition) suppression voltage ratings and CSA to unit. E. Types: 1. Switchboards; locate as integral part of switchboard, coordinate mounting with switchboard manufacturer. 2. Panelboards; locate as stand-alone. Component in housing adjacent to protected panelboard. F. Protection Modes: For Wye configured system, furnish device with directly connected suppression elements between line -neutral (L-N), line -ground (L-G), and neutral -ground (N-G). For Delta configured system, furnish device with suppression elements between line to line (L-L) and line to ground (L-G). G. Swithboards: 1. The SPD shall be UL 1449 labeled as Type 1 or as Type 4 intended for Type 1 or Type 2 applications. 2. SPD shall meet or exceed the following criteria: a. Maximum 7-Mode surge current capability shall be 300kA per phase. b. UL 1449 - Third Edition Revision; effective September 29, 2009, Voltage Protection Ratings shall not exceed the following: MCOV VOLTAGE L-N L-G N-G L-L 208Y/120 800V 800V 800V 1200V 150V 480Y/277 1200V 1200V 1200V 2000V 320V 3. UL 1449 Listed Maximum Continuous Operating Voltage (MCOV) (verifiable at UL.com): System Voltage Allowable System Voltage Fluctuation ((Yip) MCOV 208Y/120 25% 480Y/347 15% 150V 320V 4. SPD shall incorporate a UL 1283 listed EMI/RFI filter with minimum attenuation of - 50dB at 100 kHz. 5. Suppression components shall be heavy duty 'large block' MOVs, each exceeding 30mm diameter. 6. SPD shall include a serviceable, replaceable module. 7. SPD shall be equipped with the following diagnostics: a. Visual LED diagnostics including a minimum of one green LED indicator per phase, and one red service LED. b. Audible alarm with on/off silence function and diagnostic test function (excluding branch). c. Form C dry contacts one normally open (NO) and one normally closed (NC) for remote status monitoring. SURGE PROTECTION DEVICES (SPDs) FOR LOW -VOLTAGE ELECTRICAL POWER CIRCUITS 264300-3 PART 1 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland d. Surge Counter No other test equipment shall be required for SPD monitoring or testing before or after installation. 8. SPD shall have a response time no greater than 1/2 nanosecond. 9. SPD shall have a 10 year warranty. H. Distribution and Lighting Panelboards: 1. Listing requirements: SPD shall bear the UL Mark and shall be Listed to most recent editions of UL 1449 and UL 1283. "Manufactured in accordance with" is not equivalent to UL listing and does not meet the intent of this specification. 2. Listing requirements: SPD and performance parameters shall be posted at www.UL.com under Category Code: VZCA. Products or parameters without posting at UL.com shall not be approved. (To access UL Category Code click on Certifications in the left menu bar of UL's home page. Type "VZCA" into the Category Code search box and click Search.) 3. SPD shall be UL 1449 labeled with 200kA Short Circuit Current Rating (SCCR). Fuse ratings shall not be considered in lieu of demonstrated withstand testing of SPD, per NEC 285.6. 4. SPD shall be UL 1449 labeled as Type 1 intended for use without need for external or supplemental overcurrent controls. Every suppression component of every mode, including N-G, shall be protected by internal overcurrent and thermal overtemperature controls. SPDs relying upon external or supplementary installed safety disconnectors do not meet the intent of this specification. 5. SPD shall be UL 1449 labeled with 20kA I -nominal (I-n) (verifiable at UL.com) for compliance to UL 96A Lightning Protection Master Label and NFPA 780. 6. Standard 7 Mode Protection paths: SPD shall provide surge current paths for all modes of protection: L-N, L-G, L-L, and N-G for Wye systems; L-L, L-G in Delta and impedance grounded Wye systems 7. If a dedicated breaker for the SPD is not provided in the switchboard, the service entrance SPD shall include an integral UL Recognized disconnect switch. A dedicated breaker shall serve as a means of disconnect for distribution SPD's. 8. SPD shall meet or exceed the following criteria: 9. Minimum surge current capability (single pulse rated) per phase shall be: a. Distribution applications: 1) Siemens Model TPS3 09 with Maximum surge current capability of 100kA per phase 10. UL 1449 Listed Voltage Protection Ratings (VPRs) shall not exceed the following: VOLTAGE L-N L-G N-G 208Y/120V 700V 700V 700V 480Y/277V 1500V 1500V 1500V UL 1449 Listed Maximum Continuous Operating Voltage (MCOV) (verifiable at UL.com): System Voltage Allowable System Voltage Fluctuation (%) MCOV 208Y/120 25% 150V 480Y/277V 20% 320V 11. SPD shall include a serviceable, replaceable module (excluding Distribution). (Deletable note: Delete or adjust as appropriate.) 12. Service Entrance SPD shall have UL 1283 EMI/RFI filtering with minimum attenuation of -50dB at 100kHz. SURGE PROTECTION DEVICES (SPDs) FOR LOW -VOLTAGE ELECTRICAL POWER CIRCUITS 26 43 00 - 4 PART 1 LEAF Engineers PBS Back-up Power Redundancy for Critical Facility Project No. 20182M City of Pearland 13. SPD shall have a warranty for a period of ten (10) years, incorporating unlimited replacements of suppressor parts if they are destroyed by transients during the warranty period. 14. SPDs shall be equipped with the following diagnostics: a. Visual LED diagnostics including a minimum of one green LED indicator per phase, and one red service LED. b. Audible alarm with on/off silence function and diagnostic test function (excluding branch). c. Form C dry contacts one normally open (NO) and one normally closed (NC) for remote status monitoring. d. Surge Counter No other test equipment shall be required for SPD monitoring or testing before or after PART 3 - EXECUTION 3.1 EXAMINATION A. Verify mounting area is ready for equipment. B. Verify circuit rough -ins are at correct location. 3.2 INSTALLATION A. Install in accordance with IEEE 1100. B. Install service entrance suppressors in switchboard. C. Install suppressors for panelboards adjacent to panel. D. Install surge counter in face of switchboard. E. Include surge counter for stand-alone SPD. F. Install with maximum conductor length of 24 inches. Install suppressor with internal fusing. G. Provide 30 amp, 3 pole circuit breaker in panelboards to feed SPD. END OF SECTION 26 43 00 SURGE PROTECTION DEVICES (SPDs) FOR LOW -VOLTAGE ELECTRICAL POWER CIRCUITS 264300-5 CITY OF PEARLAND ADDENDUM Section 00900 ADDENDUM NO. 1 Date: 08/25/2020 PROJECT: BID NO.: BID DATE: FROM: PSB Back-up Power Redundancy for Critical Facility - FA2006 0820-52 Tuesday, September 1, 2020 by 2:00 pm Don Richards, P.E. Project Engineer LEAF Engineer 11 Greenway Plaza, 22nd Floor Houston, Texas 77046 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: N/A SPECIFICATIONS: N/A CONSTRUCTION DRAWINGS: N/A QUESTIONS: 1. Does the contractor dispose of the switchboard sections taken out or does the COP want to salvage the equipment? If so where does the contractor deliver the equipment to? Will there be someone to offload the equipment if we deliver it to a salvage facility? The City does not wish to salvage any devices. All items would need to be removed and disposed by the contractor. 2-22-12 00900 - 1 of 2 CITY OF PEARLAND ADDENDUM 2. The sleeve detail on E6.01 is for new construction. Can we wrap the conduit with tape and use non shrink grout around the conduits going through the wall? No, conduit sleeves to be installed per construction drawings and specifications. 3. When does the 120 days to substantial completion start? The submittal process and time to receive the switchgear will take longer than 120 days? This date is an estimate. This date is subject to change due to limitation in receiving gear but will make every effort to maintain a strict schedule. When gear receivable dates arrive, the schedule will be updated accordingly. 4. Can the electrical service be turned off for a weekend without having to temporary loads in? The contractor is to maintain normal or temporary electrical service to the Server Room, Dispatch Services, and Life Safety Systems throughout the construction duration. Contractor is expected to transfer limit normal power shut -down of the Public Safety Building over one weekend for approximately two hours of building normal power shut-off. Contractor to submit work sequence schedule according to Section 01350 — Submittals for City of Pearland review. 5. Can you tell us what the loads are of the equipment that has to stay on? All existing emergency loads currently on the existing generator. Refer to life safety loads on the one -line. 6. The building will have to be without power for some length of time. All power outages will be coordinated with the city and will be limited to the shortest time possible. 7. Can we use the COP's generator for this installation, or would we have to supply a portable generator? Contractor will need to provide temporary power. 8. Can we have the building down for a weekend to swap out the 2 sections of switchgear next to the main breaker? The contractor is to maintain normal or temporary electrical service to the Server Room, Dispatch Services, and Life Safety Systems throughout the construction duration. Contractor is expected to transfer limit normal power shut -down of the Public Safety Building over one weekend for approximately two hours of building normal power shut-off. Contractor to submit work sequence schedule according to Section 01350 — Submittals for City of Pearland review. END OF ADDENDUM NO. 1 Don Richards, P.E. Project Engineer 2-22-12 00900 - 2 of 2 Pre -Bid Meeting PSB Back -Up Power Redundancy for Critical Facility Sign -In Sheet 8/20/2020 @ 03:00 PM http://www.pearlandtx.gov/departments/enq ineerinq-a nd-capita I-projects/projects Name (Print) Initial Company Phone Number Email Jameson Appel JA City of Pearland 281-652-1757 jappel a r earlandtx.gov Robert Taylor RT Boyer Inc. 281-636-1521 rtaylor(aboyerinc.com Wayne Berkenmeier WB McDonald Electric 713-921-1368 waynebCa7mcdonaldinc.com Jake Brown JB Ardent Construction 281-702-3064 jbrownaardentcs.com David Templeman DT LEAF Engineers 713-940-3300 david.templemanleafengineers.com Mark Madorsky MM LEAF Engineers 713-940-3300 mark.madorskya,leafengineers.com Tom Moncrief TM City of Pearland 281-997-4114 tmoncrieMpearlandtx.gov Wade Parks WP Garver 713-395-4285 wpparks,garverusa.com Julie Blackmore JB City of Pearland 281-652-1790 jblackmoreApearlandtx.gov *To be included in consultant's meeting minutes Construction 1 of I 1)4. Revised 2016