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R2007-173 2007-10-29 F21072 RESOLUTION NO. R2007 -173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR RENOVATIONS TO FIRE STATIONS #1 AND #4. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for renovations associated with fire stations #1 and #4, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Hull & Hull, Inc., in the amount of $714,702.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for construction services associated with the renovations of fire stations #1 and #4. PASSED, APPROVED and ADOPTED this the 29th day of October, A.D., 2007. ,"''';::'~R'L~>', :i :J:<?) (~(" ~ .)~ A rfES'i:....""",.""",,/ ',j'lUlifHi'\P\\' ~ .).",.; fL TOM REID MAYOR ~4+~ Y SE RETARY APPROVED AS TO FORM: ~~ fL. DARRIN M. COKER CITY ATTORNEY LO(f)r-:2 0:<1;80.. XNO z~..o<? <( .NC" ...-~a: . 5~ on::o Z <t f-. {/)WU zo..o O~ 1->- <(t:: 1-0 (/) W 0::: LL o Z <( -l 0::: <( W 0... (9 z z W CL o o co '"> ~~ ~ I o. . ---- ~ -=- ~ o Oz roO co --w- -rZ' ~ :2 -10 ~ -Ii t= .....J. U ~I ~ ~ t; ~ 5 I <..) I..L. o .....J ~ Z .0( Z <t Z o :? ~ r.; <t CO> 0 I C> c' I <.0 0 I cO c:> f N co U') v") I ! t , = 0 I 0 0 <.D 6 <C! = "" OJ I N </) if> .. ! .. wi zl o ....: .....J .0( ; o ro w (f) .0( en -l----t...... I , 1 o C> o C> ~I g r- c~. "T' <;? ;;; I it; I ~"----_.t--___r_--- ; I I M! <<:l N <fll WI >-1 -I ill I >-1 >- Z .0( a... :2 o o I i I I i I , I ! o o 6 <L> C> .L..~ I I ~I .0(' ~! I- . <fl' w; c.rJ t- O W t::: I <..) 0::: <t! I I I I ; i ....-- in.-..-..-... I ................... ! ! i , ! I ; i i I i I I ! I I i I.m_......lm........m-r-I ! I I i j I , , ; .........mm....im ! ; . ...m_...___... I I ! I i I ! ' I I I .....m...1_...--t-m: I ; i j i ; i I ; I. I I ! i I 1 I I -r'''''-''' .......... ...... ........--................- I ............ j I ! : I I -, ,1- 1- I I- i ! ! i I I I ! i J(~"T- -1~~~ -{~~~ E3S~~ '-C/)XM UciW;::: ~ 0::: 1-. _~Z :r::!<tO uot; Q:JI-::J <(iCSO t-'o..I 1-, Z We ~'M Ur- <( 1-1 >-, 0:::, W t=' <( -l (f) SLATTERY TACKETT ARCH ITECTS, LLP October 25 f 2007 ;'v1r. Trent Epperson City of Pearl and 3519 Liberty Drive Pearl and, TexLls 77581 Re: Renovation to Existing Fire Stations No.1 and No.4 COP PN: f21072 Recommendation for Award Dear Mr. Epperson; On October 25. 2007, bids were received for the above referenced project with Hull & Hull, lnc. being the apparent low bidder (see attached bid tabulation). We recc)mn,end that a construdion contract be 3\varded to Hull & Hull, Inc. based on the base bid in the amount of seven hundred fourteen thousand seven hundred two dollars and zero cents (S714,702.00). This total cost is vvithin 3.50;{. of the architect's modified estimate for this project. No discrepancies were noted in either of the bids received. If you have any questions, please feel free to call our office at 713.521.0591. Sincerely, .:- SLATTERY TACKETT t\RCHITECTS, LLP I _\... ~) avid Slattery Managing Partner Attachments 730 North Post Oak · Suite 200 · Houston. Texas 77024 Office - 713.521.0591 Fax - 713.682.2356 ~~- - .... -.-..-......-.. ....,.. -~ Exhibit "A" Resolution 2007-173 F21072 CITY OF PEARLAND Fire Stations No. 1 and No.4 FILE COpy CITY SECRETARY'S OFFICE DO NOT REMOVE October 10, 2007 SLATTERY TACKETT ARCHITECTS, LLP 730 NORTH POST OAK ROAD SUITE 200 HOUSTON, TEXAS 77024 TEL: 713.521.0591 FAX: 713.521.0594 EMAIL: gerald.tackett@slatterytackett.com EMAIL: david.slattery@slatterytackett.com t ' tie, TABLE OF CONTENTS ,;:, • CITY OF PEARLAND,- FIRE STATION NO. 1 AND NO. 4 (1°' • GENERAL REQUIREMENTS SECTION TITLE PAGES 00100 INVITATION TO BID 2 00110 NOTICE TO BIDDERS 2 00120 INSTRUCTIONS TO BIDDERS 4 - 00200 SUMMARY OF WORK 2 00300 BID FORM 2 00500 STANDARD FORM OF AGREEMENT • 6 00600 INSURANCE 1 00610 PERFORMANCE BOND 2 ("N 00611 PAYMENT BOND 2 00612 . ONE-YEAR MAINTENANCE BOND 2 00700 • GENERAL CONDITIONS OF AGREEMENT 27 (�+ 00701 ATTACHMENT 1 TO GENERAL CONDITIONS - 3 �. WORKER'S COMPENSATION INSURANCE _ COVERAGE (' 00702 ATTACHMENT 2.TO GENERAL CONDITIONS - 4 (, AGREEMENT FOR FINAL PAYMENT 00703 ATTACHMENT 3 TO GENERAL CONDITIONS - 7 OWNER'S INSURANCE REQUIREMENTS FOR (� CONTRACTOR .a 00800 SPECIAL CONDITIONS 2 00813 WAGE SCALE FOR BUILDING CONSTRUCTION 1 01140 WORK RESTRICTIONS • 2 �, 01200 MEASUREMENT AND PAYMENT PROCEDURES 2 01500 TEMPORARY FACILITIES 2 � 01700 PROJECT CLOSEOUT 2 lam' 01800 ASBESTOS EXCLUSION 1 EXHIBITS C''" "A" - PREVAILING WAGE RATE SCHEDULE 1 �. "B" - NOTICE TO PROCEED FOR 2 CONSTRUCTION CONTRACT CI' "C"- CHANGE ORDER 1 "D" - NOTICE OF COMPLETION 1 "E" - CERTIFICATE OF FINAL COMPLETION AND 1 ACCEPTANCE 7 TABLE OF CONTENTS 'l CITY OF PEARLAND - FIRE STATION NO. 1 AND NO. 4 TECHNICAL SPECIFICATIONS SECTION TITLE PAGES 03300 CAST-IN PLACE CONCRETE 3 05400 COLD-FORMED METAL FRAMING 2 06100 ROUGH CARPENTRY 2 06402 INTERIOR ARCHITECTURAL WOODWORK 3 07195 SELF-ADHERING FLEXIBLE FLASHING 2 07210 BUILDING INSULATION /SOUND INSULATION 2 07260 FIRESTOPPING 2 07270 WEATHER RESISTANT BARRIER 2 07415 PREFINISHED METAL TRIM 2 07901 JOINT SEALANTS 2 08111 STEEL DOORS AND FRAMES /STEEL WINDOW 2 FRAMES 08211 FLUSH WOOD DOORS 2 08710 DOOR HARDWARE 2 08800 GLASS AND GLAZING 2 f; 09250 GYPSUM BOARD ASSEMBLIES 2 09300 CERAMIC TILE 2 09511 ACOUSTICAL PANEL CEILINGS 2 09650 RESILIENT FLOORING 2 09678 RESILIENT WALL BASE 1 09900 PAINTING 2 09950 WALL COVERINGS 1 09986 FIBERGLASS REINFORCED PANELS 2 10200 LOUVERS AND VENTS 2 10425 SIGNS 1 10522 FIRE EXTINGUISHERS AND CABINETS 2 10800 TOILET AND BATH ACCESSORIES 1 13100 PRE-ENGINEERED BUILDING COMPONENTS 3 fl n } GENERAL REQUIREMENTS eft, SECTION 00100 INVITATION TO BID Sealed bids will be received, in duplicate, referencing the following project in the office of the City. (7 Secretary, City of Pearland; City Hall located at 3519 Liberty Drive, Pearland, Texas 77581 until 2:00 p.m., Thursday, October 25, 2007, at which time they will be publicly opened and read aloud for the renovation of: Fire Station#1 and#4 City of Pearland,Texas COP PN: F21072 BID NO.: 1008-001 r.,, A mandatory pre-bid conference will be held at the City of Pearland City Hall at 3519 Liberty Drive, Pearland, Texas 77581 at 9:00 a.m. on Wednesday, October 17, 2007. The project will entail the renovations to existing Fire Stations No. 1 and No. 4 including the interior alterations to provide/modify officer rooms, dorm rooms of firefighters, day room/dining room, offices, kitchen, exercise room, lockers, restrooms, apparatus bay, storage room(s), maintenance area, equipment rooms) and other related support spaces. Modification of existing mechanical and electrical systems, communications systems and other related building services as shown on the construction drawings prepared by Slattery Tackett Architects, LLP. The project sites are located at 2020 Old Alvin.Rd. and 8333 Freedom Dr.; Pearland Texas. Information and Bid Documents: Copies of Contract Documents and Technical Specifications and Plans are on file at the following locations for review: City of Pearland, City Hall (281) 652-1600 3519 Liberty Drive Pearland, Texas 77581 Amtek Plan Room (713) 956-0100 4001 Sherwood Houston, TX 77092 �,►, The Associated General Contractors of America, Inc. (713) 334-7100 2400 Augusta, Suite 180 Houston, TX 77057 Associated Builders& Contractors of Greater Houston (713) 523-6222 (�' 3910 Kirby, Suite 131 Houston, TX 77098 Dodge Reports (713) 529-4895 4101 Greenbriar, Suite 320 Houston, TX 77098 (vb.' (.6+ INVITATION TO BID 00100- 1 Bidders may obtain a complete set of the Contract Documents, Technical Specifications and Plans from the office of the Architect, Slattery Tackett, LLP., 730 North Post Oak Rd., Suite 200, Houston, Texas, 77024 upon request and payment of a plan fee in the amount of ONE HUNDRED FIFTY dollars and no cents dollars ($150.00) per set. The plan fee will NOT be refunded. No bid may be withdrawn or terminated for a period of sixty (60) days subsequent to the bid opening date without the consent of the City of Pearland. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s). Bid Security and Bonds: Bid Security in the form of Cashier's Check, Certified Check, or Bid Bond payable to the City of Pearland in the amount of 5% of the total base bid price must accompany each proposal. The successful bidders must furnish Performance and Payment Bonds as required by Chapter 2253 of the Texas Government Code or other applicable law, as amended, upon the form included in the Contract Documents, in the amount of one hundred percent(100%) of the contract price, such bonds to be executed by a corporate surety duly authorized to do business in the State of Texas, and named in the current list of "Treasury Department Circular No. 570", naming the City of Pearland, Texas as Obligee. Additionally, the successful bidder will be required to provide a one year Maintenance Bond for the improvements installed as part of this work, as provided in the Special Conditions of Agreement. Equal Opportunity: All responsible bidders will receive consideration for award of contract without regard to race, color, religion, sex, or national origin. Selection Criteria: In determining to whom to award a contract, the City of Pearland may consider: 1) purchase price; 2) reputation of the Bidder and Bidder's goods or services; 3) quality of Bidder's goods or services; 4) extent to which the goods or services meet the Owner's needs; 5) Bidder's past relationship with the Owner; 6) impact on the ability of Owner to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; 7) total long-term cost to Owner to acquire Bidder's goods or services; 8) the Qualifications of Bidders, including Financial Statements of Bidders, identified in the Instructions to Bidders; and 9) any other relevant criteria f" specifically listed in the Bidding Documents. The City of Pearland reserves the right to reject any or all bids. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. Young Lorfing, TRMS City Secretary, City of Pearland .� First Publication date October 10, 2007 .� Second Publication date October 17, 2007 ? J J J INVITATION TO BID --� 00100-2 l SECTION 00110 r"°' NOTICE TO BIDDERS ("" Sealed bids will be received, in duplicate, referencing the following project in the office of the City Secretary, City of Pearland, City Hall located at 3519 Liberty Drive, Pearland, Texas 77581 until 2:00 p.m., Thursday, October 25, 2007, at which time they will be publicly opened and read aloud for the renovation of: FIRE STATIONS#1 AND#4 RENOVATIONS City of Pearland,Texas COP PN: F21072 BID NO: 1008-001 This project will entail: The renovation of Fire Station No. 1 located at 2020 Old Alvin Rd. and Fire Station No. 4 located at 8333 Freedom Dr. The project includes the interior construction/modifications of officer rooms, dorm rooms, day room/dining.room, offices, kitchen, exercise room, lockers, restrooms, apparatus (,.,, bay, storage rooms, maintenance area, equipment rooms and other related support spaces. Modification of existing mechanical and electrical systems, communications systems and other related building services as (7' shown on the construction drawings. Also inclusive is all labor supervision,materials,services and equipment (.,, required in conjunction with all work. Information and Bid Documents: Copies of Contract Documents and Technical Specifications and Plans are on file at the following locations for review: City of Pearland, City Hall (281)652-1600 3519 Liberty C14' Pearland, Texas 77581 R�"4 Amtek Plan Room (713) 956-0100 (04' 4001 Sherwood (.,, Houston, TX 77092 The Associated General Contractors of America, Inc. (713) 334-7100 2400 Augusta, Suite 180 (7' Houston, TX 77057 Associated_Builders &Contractors of Greater Houston (713) 523-6222 3910 Kirby, Suite 131 r+, Houston, TX 77098 Dodge Reports (713) 529-4895 4101 Greenbriar, Suite 320 Houston, TX 77098 rib° NOTICE TO BIDDERS 00110- 1' N6' These documents may be examined without charge at the above locations. Bidders may obtain a complete set of the Bid Documents, (Plans and Specifications) from Slattery Tackett Architects, LLP, 730 North Post Oak Road,Suite 200, Houston,Texas 77024, upon request and an amount of$150.00 per set. No partial sets will be issued. There will not be any refund for plan sets. No bid may be withdrawn or terminated for a period of sixty(60)days subsequent to the opening date without ""-') the consent of the City of Pearland. Bidder's Bond, Cashier's Check,or Certified Check payable to the City of Pearland in the amount of 5%of the total bid price must accompany each proposal. The City of Pearland reserves the right to reject any or all bids, or to accept any bid deemed advantageous to it. The successful bidders must furnish Performance, Payment, and Maintenance Bonds as required by law (Article 5160, Vernon's Texas Civil Statutes, as amended) upon an acceptable form in the amount of one hundred percent (100%) of the contract price, such bonds to be executed by a corporate surety duly 'l authorized to do business in the State of Texas, and named on the current list of "Treasury Department Circular No. 570", payable to the City of Pearland, Texas. Contractor must certify that his firm or subcontractor does not and will not maintain any facilities he provides 2 for his employees in a segregated manner, or permit his employees to perform their services at any location under his control where segregated facilities are maintained. A mandatory pre-bid conference will be held at 9:00 A.M. on Wednesday, October 17, 2007 at City Hall. Attendance is required to qualify for consideration of award of contract. .p, r NOTICE TO BIDDERS 00110-2 (11"' SECTION 00120 �•• INSTRUCTIONS TO BIDDERS Fire Station#1 and#4 f11*, City of Pearland,TExas COP PN: F21072 Bin No: 1008-001 1.01 RECEIPT AND OPENING OF BIDS: A. Competitive Sealed Proposals will be received at the time, place and under the conditions set forth in the Invitation to Bid. B. The Owner may consider informal any bid not prepared and submitted in accordance with theprovisions herein and may waive any informalities or reject any and all bids. Any bid may be • withdrawn prior to the schedule opening time. Any bid received after the specified time and date will not be considered. No bidder may withdraw a bid within 60 days after the actual date of opening. C. Information and bidding documents may be obtained from the Architect/Engineer under the conditions set forth in the Invitation to Bid. D. Plans will be available in established plan rooms. 1.02 PREPARATION OF BID A. Each bid must be submitted on the prescribed Proposal Form. All blank spaces for bid prices must be filled in, using ink or typewriter, in both words and figures. In case of discrepancy, the amount shown in words will govern. B. Each bid must be accompanied by a Contractor Qualification Statement on the prescribed form and Bid Security as prescribed in paragraph 1.06. C. Each bid must be submitted in two envelopes; each bearing the name and address of the bidder and the Project Name for which the Proposal is submitted. 2.1.1 One sealed envelope shall contain the Bid Security and shall be marked on the outside in bold letters: "Bid Security." (Part 1) 2.2.2 The second envelope shall contain. the Bid Proposal and Contractors Qualification Statement and shall be clearly marked on the outside in old letters:"Bid Proposal." (Part 2) 1.03 TELEGRAPHIC MODIFICATION: A. Any bidder may modify his/her bid by fax at any time prior to the scheduled closing time for receipt of bids, provided such fax is received by the Owner prior to the closing time, and provided further, the Owner is satisfied that a written confirmation of the fax modification over the signature 1.•, of the bidder was mailed prior to the closing time. The telegraphic communication should not reveal the bid price, but'should provide the addition or subtraction of other modification so that the final prices or terms will not be known by the Owner until the sealed bid is opened. If signed written confirmation is not received within two days from the closing time, no consideration will be given to the fax modification. b' INSTRUCTIONS TO BIDDERS ,." 00120— 1 t1'� 1.04 QUALIFICATIONS OF BIDDERS: A. The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish the Owner all such information and data for fl this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. 1.05 SUBCONTRACTS: A. The bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contract must be acceptable to the Owner. 1.06 BID SECURITY: A. Each bid must be accompanied by a Cashier's Check or Certified Check of the bidder on a State or National Bank in the State of Texas, or a bid bond prepared on the standard form of bid bond, ^j duly executed by the bidder as principal and having as surety thereon a surety company, approved by the Owner, in the amount of 5% of the bid. Such checks or bid bonds will be returned to all except the three lowest bidders within three days after the opening of the bids and the remaining checks or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract, or, if no award has been made within 30 days after the date of the opening of bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of .F the acceptance of his bid. B. Certified Check, Cashier's Check, or Bid Bond shall be made payable, without condition, to the City of Pearland, Texas. C. Each proposal shall remain in force until 45 days after the actual date of the opening thereof. 1.07 LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT: A. The successful bidder, upon his failure or refusal to execute and deliver the contract and bonds T) required within 10 days after he has received notice of the acceptance of his bid, shall forfeit to the Owner the security deposited with his bid. 1.08 TIME OF COMPLETION AND LIQUIDATED DAMAGES: A. Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the Owner and to achieve substantial completion of the project in 60 (sixty) consecutive calendar days. Bidder must agree also to pay as liquidated damages,:the sum of Five Hundred Dollars ($500.00) for each consecutive calendar day thereafter as hereinafter provided in the General Conditions. 1.09 ADDENDA AND INTERPRETATIONS: A. No interpretation of the meaning of plans, specification or other pre-bid documentation will be made to any bidder orally. INSTRUCTIONS TO BIDDERS 00120-2 tire+ Request for addendum or interpretation of plans and specifications should be brought to the attention of: Slattery Tackett Architects, LLP. 730 North Post Oak Raod, Suite 200 Houston, Texas 77024 (11*' Phone: 713.521.0591 Fax: 713.682.2356 t®'1 B. Any such request should be in writing and to be given consideration must be received at least 48 riN hours prior to the time fixed for the opening of bids. Bidders of.record will be notified if any addendum or interpretations are issued. Bidders are responsible for obtaining addendum or interpretations after notification and distributing to sub-bidders. Failure of any bidder.to receive (461 any such addendum or interpretations shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents. (1"'` 1.10 SUBSTITUTIONS: A. The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution. No substitution will be considered unless written request for approval has been submitted by the Bidder and has been received by the Architect at least twenty-four(24) hours prior to the date for receipt of bids. B. Each such request shall include the name of the material or equipment for which it is to be substituted and completed performance and test data and any other information necessary for an �q evaluation. l C. A statement setting forth any changes in other material, equipment or work that incorporation of the substitute would require shall be included. The burden of proof of the merit of the proposed substitution is upon the proposer. D.The Architect's decision of approval or disapproval of a proposed substitution shall be final. The approval will be issued in writing (fax)to the proposer. 1.11 POWER OF ATTORNEY: A. Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. 1.12 NOTICE OF SPECIAL CONDITIONS: (496 A. Attention is particularly called to those parts of the contract documents and specifications which deal with the following: 1. Insurance requirements 2 Wage rates + 3 Materials on Hand (gb' 1.13 SECURITY FOR FAITHFUL PERFORMANCE: A. Simultaneously with his delivery of the executed contract; the Contractor shall furnish Payment and Performance Bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the General Conditions included herein. The surety ("a'+ on such bond or bonds shall duly authorize surety company satisfactory to the Owner. rs (416' INSTRUCTIONS TO BIDDERS -00120-3 t B. The Performance Bond shall cover 100% of the contract sum; the labor and material payment bond shall cover 100% of the contract sum. 1.14 ALTERNATES: A. Any alternatives listed in the bid form are described in detail in the Specifications. Contract award could be the basis of the base bid or any combination of the base bid and those alternatives which produce a total within available funds. 1.15 STATE SALES TAX: A. 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, if the contract between the contractor and Owner separates the contract price into charges of material (to be incorporated into the project) and charges for labor (including material not incorporated into the project such as form-work used in the process of installation). 1.16 GENERAL REQUIREMENTS: A. At the time of the opening of bids each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Plans and Specifications (including all addenda). The failure or omission of any bidder to examine any form, instrument or document or the site shall in no way relieve any bidder form any obligation in respect to his bid or be cause for adjusting the contract amount. B. Insofar as possible, the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. C. Federal and State Laws, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. D.The bidder is specifically advised that any person, firm or other party to whom it is proposed to award a subcontract under this contract must be acceptable to the Owner. T% 1.17 OBLIGATIONS OF BIDDERS: A. Before submitting a proposal, bidders shall carefully examine the drawings and specifications and related documents, visit the site of the work and fully inform themselves as to all existing conditions and limitations, and shall include in the proposal a sum to cover the cost of all items included in the contract. B. The bidder, if awarded the contract, shall be allowed no extra compensation for his failure to familiarize himself fully with the conditions related to the construction of the project and the site. 1.18 METHOD OF AWARD: '") A. If the base bid is within the amount of funds available to finance the construction contract, and upon acceptance of all other conditions of the work, the contract award will be made. The Owner reserves the right to reject any and all bids, to waive any and all formalities and to accept any bid deemed advantageous. • END OF DOCUMENT INSTRUCTIONS TO BIDDERS 00120-4 n t ' (11", 'SECTION 00200 r*", SUMMARY OF WORK 1.01 SECTION INCLUDES ,f., 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. ,lk‘ 1.02 WORK COVERED BY CONTRACT DOCUMENT A. Work of the Contract is for the renovation of: Fire Station No. 1 located at 2020 Old Alvin Rd. and Fire Station No.4_located at 8333 Freedom Dr. The project includes the interior construction/modifications of officer rooms, dorm rooms, day room/dining room, offices, kitchen, exercise room, lockers, restrooms, apparatus bay, storage rooms, maintenance area,equipment rooms and other support spaces. Modification of 40, existing mechanical and electrical systems,communications systems and other related building services. Also inclusive is all labor supervision, materials, services and equipment required in conjunction with all work. 1.03 CONTRACTOR'S DUTIES A. Furnish and Provide !obk 1. Labor, materials, tools, and equipment. 2. Water, heat and utilities as required. 3. Facilities and services necessary for proper execution and completion of the work B.Secure and pay for proper execution and completion of work as necessary, and as applicable at the time of receipt of bids: 1. Permits 2. Government fees 3. Licenses C. Comply with codes, ordinances, rules, regulations, orders and other legal requirements of public 'a' authorities which bear on performance of work. robs D. Promptly submit written notice to Architect of observed variance of Contract Documents from legal requirements E. Contractor shall verify all conditions at the site and dimensions in the field prior to starting work. ra F. The Drawings and Specifications represent the work to be completed not the method of 011"` construction. - G. Contractor shall repair or replace, at his expense, any material or building affected, damaged or destroyed resulting from the execution of this contract. 1.04 WORK SEQUENCE A. A work schedule shall be submitted and approved by Owner and Architect prior to commencing robs work. This schedule shall be updated monthly and submitted in conjunction w with theApplication for Payment. eahk' B. The Contractor shall perform all demolition and remedial work in a sequence to where any interruption of the operation of the facilities or utility service occurs at an absolute minimum. rooq, 1.05 DESCRIPTIONS A. Extent of work required includes, but is not limited to, the scope indicated. P"+ r� SUMMARY OF WORK 00200- 1 • B. Provide all items, articles and materials listed, mentioned, or scheduled on the Drawings or in the Specifications and related Construction Documents,including labor,materials,equipment,and incidents necessary and required for their completion, as reasonably implied. 1.06 REFERENCES A. Obtain and conform to manufacturer's directions for installation, connection and/or erection of all manufactured articles, materials and equipment. B. Conform to applicable portion of listed reference standard as minimum requirements. C. Reference to standard specifications shall mean to the latest edition of such specifications,including all revisions thereto. D.The applicable issues of publications listed, but referred to thereafter by basic designation only,form a part of the specifications to the extent indicated by reference thereto. E. Maintain copies of all references at.job site. 1.07 ALLOWANCES '.) A. Cash allowance for items listed in this Section shall be included in the Contractor's proposal and in the Contract Summary. B. Cash allowance for items listed in this Section required Owner's written approval and authorization C. Contingency betterment allowance 1. Not specified • 2. Allowance$25,000 • D. Appliance allowance 1. Not specified 2. Allowance$25,000 E. Prior to final payment, an appropriate Change Order will be issued as recommended by Architect to reflect actual amounts due Contractor on.account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. t) 1.08 ALTERNATES A. Alternate proposals are included in the bidding requirements. If any such alternate proposal is accepted and included in the Contract, the Work shall be governed by the alternate description in this Section and by corresponding Alternate provision of the Drawings and Specifications. r.•) B.ALTERNATE ONE-Provide Retro=Plate 99 polished concrete floor finish system manufactured by Advanced Floor Products, Inc.at Apparatus Bay in lieu of sealed concrete as specified. This Alternate applies to Fire Station No. 1 C.ALTERNATE TWO-Provide Retro=Plate 99 polished concrete floor finish system manufactured by Advanced Floor Products, Inc.at Apparatus Bay in lieu of sealed concrete as specified. This Alternate applies to Fire Station No. 4 END OF SECTION SUMMARY OF WORK 00200-2 SECTION 00300 • , BID FORM • Fire Station No. 1 and No.4 . (1", - - City of Pearland,Texas • COP PN: F21072. (1*s BID NO: 1008-001 . The undersigned proposes to perform required work for the renovations to existing Fire Stations No. 1 and 1414., No. 4, Pearland, Texas in accordance with plans and specifications for the following lump sum price. ' 1.01 In the event of the award of a :contract.to the undersigned, the undersigned will furnish a Performance Bond for the full amount of_the. Contract"to:secure property compliance with the terms and provisions of-the Contract, to insure and guarantee the work until final .completion efts and acceptance, and Payment Bond for the full amount of the Contract to guarantee payment of all lawful claims for labor performed, equipment rented and materials furnished in the ,s, fulfillment of the Contract. - 1.02 BASE BID: RENOVATIONS TO EXISTING FIRE STATIONS NO. 1 AND NO. 4 (1" • DOLLARS (Amount written in words. This governs.) CP6' (Amount writte-n in figures.) . The lump sum price shown above is apportioned to Fire Station No. 1 and Fire Station No. 4 as follows Renovations to Fire Station No. 1 (Base Bid) '$ X 2 7/, SY(... • 7 • Renovations to Fire Station No. 4 (Base Bid) $ x -1- - 3/ /15 • 2 1- (®, 1.03 •ALTERNATES AS DESCRIBED IN SECTION 00200 A. ALTERNATE ONE *DI / DEDUCT 1 g 1rah' Provide Retro-Plate 99 polished concrete floor finish system at apparatus bay (Fire Station No. 1) B. ALTERNATE TWO ADD/ EDUCT . Z 6. 18 . Provide Retro-Plate 99 polished concrete floor finish system at apparatus bay in lieu of sealed concrete as specified (Fire Station No. 4) 1.04 The cost of required Bonds are included in the Lump Sum and Alternate prices contained in this Bid Form, and are calculated at the rate of percent ( /�%) of the • stated bid amounts. 1.05 BID SET A. Drawings dated October 9, 2007 • B. Specifications dated October 9, 2007 C. Bidding Requirements dated October 9, 2007 1.06 ACCEPTANCE OF BID PROPOSALS: A It is understood by the undersigned that the right is reserved by the Owner to reject any or all ra., bid proposals for this work. This proposal shall be considered a part of the contract. e., BID FORM 00300- 1 CIN ril° 1.06 Receipt is hereby acknowledged of the following Addenda to the Bidding Requirements, Project Specifications and Plans A. Addendum 1 Dated 10/22/07 Received 10/22/07 B. Addendum a Dated /0ia lorr Received /b//ay/07 • C. Addendum 3 Dated 10I9.3l®'� . Received /01 c941/0/ Bidder: HULL & HULL INC. (Company Name) By �} (Signature of Principal) 2223 KELLEY STREET (Street Address) HOUSTON, TEXAS 77026 (City, State, Zip) r-, 713-699-2577 / 713-699-2581 1 (Telephone/ Fax) • - WCHULL@COMCAST.NET (Email) 10/25/07 (Date) • END OF SECTION n BID FORM ,..� 00300-2 SECTION 00500 STANDARD FORM OF AGREEMENT THIS AGREEMENT is by and between City of Pearland (hereinafter called OWNER or City) and Hull and 00.1 Hull, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as °"' follows: Article 1. WORK ("k 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: Fire Station No. 1 and No.4 City of Pearland,Texas ra+ COP PN: F21072 BID NO.: 1008-001 raN ,A.., Article 2. ARCHITECT raN The Work has been designed by Slattery Tackett Architects, LLP, 730 North Post Oak Road, Suite 200, Houston, Texas 77024, 713.521.0591 who is hereinafter called ARCHITECT and who is to assume all duties and responsibilities and have the rights and authority assigned to ARCHITECT in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Cub' Article 3. CONTRACT TIME P`+ 3.1 The Work will be Substantially Complete (as defined in Article 1 of the General Conditions) (4.1, within ninety (90) 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 twenty (120) calendar days from the date when the Contract Time commences to run. No work will be allowed on Sundays. f"' 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 (4", 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 (41b" 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 r.►. Five Hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After (4.6' Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time set out in the Certificate of Substantial Completion or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Five Hundred dollars ($500.00) for each day that expires after the time specified in•the Certificate of Substantial Completion for completion and readiness for Final Payment. (4161 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 (46' advance and shall pay the overtime wages for the required City inspections. STANDARD FORM OF AGREEMENT (, 00500-1 Article 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work in strict accordance with the fale' Contract Documents in current funds$714,702.00 (the "Contract Price"). The Contract Price includes the Base Bid and No Alternates, as accepted by OWNER and as shown in Document 00300—Bid Proposal. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 6 "Measurement and Payment" of the General Conditions. Application for Payment will be processed by eft, ARCHITECT as provided in the General Conditions. tole' 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract (41', Price on the basis of CONTRACTOR's Application for Payment as recommended by ARCHITECT 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. (1"' 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 �,. ARCHITECT shall determine, or OWNER may withhold, in accordance with the General Conditions. The OWNER shall make payment within 30 days of receipt of (aN application for payment by the ARCHITECT. 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 (eb) 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 ARCHITECT pay a reasonable and equitable portion of the retained percentage to ("'° the CONTRACTOR, or the CONTRACTOR at the OWNER's option, may be relieved of the obligation to fully complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract P► 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 6.08 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ARCHITECT as provided in said paragraph 6.08. ribs Article 6. INTEREST (1`b Interest on any overdue payment from OWNER to CONTRACTOR shall be paid in accordance with the provisions of Chapter 2251 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: STANDARD FORM OF AGREEMENT 00500-2 (1.'+ P"' 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Aft' 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. 146'` 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, re'+ investigations, explorations, tests, reports, and studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said 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. f"a ,. 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 ARCHITECT written notice of all conflicts, errors or (*'1 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 ARCHITECT. P"` 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: r11°1‘ 8.1 Standard Form of Agreement(Section 00500). 8.2 Performance, Payment, and Maintenance Bonds (Sections 00610, 00611, and 00612). Pamb' 8.3 General Conditions of Agreement (Section 00700), including Attachment No. 1 Workers' Compensation Insurance Coverage, Attachment No. 2 Agreement for Final Payment and (w►) Contractor's Sworn Release, and Attachment No. 3 Owner's Insurance Requirements of Contractor. ("t talk' 8.4 Special Conditions of Agreement(Section 00800). 141*'‘ STANDARD FORM OF AGREEMENT r466‘ 00500-3 t"01 C r4'4k 8.5 Plans, consisting of sheets numbered A-00 through A-10, inclusive, dated 10/09/07; M-0.0 through M-4.1, inclusive, dated 09/25/07: E-0.0 through E-3.1, inclusive, dated 09/25/07; and P-0.0 through P-4.1, inclusive, dated 09/25/07. Each sheet bearing the following general title: Fire Stations#1 and#4, City of Pearland, Texas. 8.6 Instructions to Bidders and CONTRACTOR's Bid Proposal, including any Addenda r"'' referenced therein. 8.7 Technical Specifications for the Work. tabl 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. ri'bk 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 (ilk+ 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 in an expeditious manner 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 r4IN shall be construed to be the minimum period prescribed by applicable law. e'lbr 9.7 This Contract and the Contract Documents, insofar as they relate in any part or in any way "411 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. STANDARD FORM OF AGREEMENT 00500-4 r"' 9.8 The provisions of this Contract shall be applied and interpreted in a manner consistent with rw,, 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 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 (41b' the same or any other provision hereof. Failure by the OWNER in any instance to insist a.► 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. owl 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 ,,.s not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from '"a 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. AlMN 41111 P*1 l6, wllb, Si riaN STANDARD FORM OF AGREEMENT 00500-5 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. PlirN One counterpart each has been delivered to OWNER and one to CONTRACTOR. This Agreement will be effective upon executim a attest ion by authorized represent ves of the City of / tab' Pearland and upon the following date: % cto iiy A 20 flak OWNER: CONTR O tesN CITY OF L 1 D' HULL& By: _ i/ By: CoN Title: Li 4-u tYla,ila(3 e r Title: Date: 11- 2 . -D ? Date: // 0 7 _ 0.1 r'° i �•, (Corporate Scat) rr �.d/t- ATTEST �GQ�., ATTEST (116, Address for giving notices Address for giving notices 55 1 9 U ber-t-u Dr aaa3 e1\ef S4. }�ea.rlc r‘ I-cx �ok) )< 70aco Phone: 2E3 t - lc'S Z- CO-1 B Phone: 13—&99—a25 77 Fax: 2`c3 I - La2S- - 1 o f G Fax: 13—6.99- Agent for service of process: END OF SECTION (71 STANDARD FORM OF AGREEMENT 00500-6 -41 I.C.W.GROUP ❑INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY Bond No. 213 75 62 ®INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 EL CAMINO REAL,SAN DIEGO,CA 92130-2045 P.O.BOX 85563,SAN DIEGO,CA 92186-5563 (858)350-2400 FAX(858)350-2707 www.icwgroup.com STATUTORY PERFORMANCE BOND PURSUANT TO CHAPTER 2253 OF THE TEXAS GOVERNMENT CODE (McGREGOR ACT.-PUBLIC WORKS) KNOW ALL MEN BY THESE PRESENTS: That, Hull & Hull, Inc. (hereinafter called the Principal), as Principal, and Independence Casualty and Surety Company, a corporation organized and existing under the laws of the State of California, with its principal office in the City of San Diego (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Pearland(hereinafter called the Obligee)in the amount of seven hundred fourteen thousand, seven hundred and two Dollars ($714,702.00), for the payment whereof the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has entered into a certain written contract with the Obligee, dated the day of ,to fire station No. 1 and No.4 Renovations which contract is hereby referred to an made a part hereof as fully and to the same extent as if copied at length herein. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of Witness: • • (Seal) (If Individual or Firm) (Seal) Attest: / (Seal) V ' (/1 (If Co !I. 4• (Seal) 7lijdit ��i1v7- , (Seal) Principal William C.Hull Hull&Hull,Inc. o' sy\Aci By: (Seal) e i Smith A orn -In-Fact TX-ICW 203(9/00) I SECTION 00610 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That of the City of a , County of and State of Texas, as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of$ for the payment whereof, the said Principal and Surety hind :_•-`--`-_-- _ - SECTION 00610 PERFORMANCE BOND STATE OF TEXAS § eft COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That of the City of , County of , and State of Texas, as principal, and r ek, 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$ for the payment whereof, the said Principal and Surety eft, 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 , 20 , (the "Contract") to commence and complete the construction (wibs of certain improvements described as follows: rifts Fire Station No. 1 and No.4 City of Pearland,Texas COP PN: F21072 BID NO.: 1008-001 r^� 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 C`, 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. • o. C 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. CM PERFORMANCE BOND 00610-1 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 20 . Principal: Surety: By: By: Title: Title: Address: Address: Telephone: Telephone: Fax: Fax: ?Th • 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 "'1 • n fl fl PERFORMANCE BOND 00610-2 n I.C.W.GROUP Bond No. 213 75 62 0 INSURANCE COMPANY OF THE WEST �,�, 0 EXPLORER INSURANCE COMPANY s� El INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 EL CAMINO REAL,SAN DIEGO,CA 92130-2045 P.O.BOX 85563,SAN DIEGO,CA 92186-5563 �+ (858)350-2400 FAX(858)350-2707 Ci www.icwgroup.com STATUTORY PAYMENT BOND PURSUANT TO CHAPTER 2253 OF THE TEXAS GOVERNMENT CODE C (McGREGOR ACT-PUBLIC WORKS) _ KNOW ALL MEN BY THESE PRESENTS: ' That, Hull & Hull, Inc. (hereinafter called the Principal), as Principal, and Independence Casualty and Surety Company, a corporation organized and existing under the laws of the State of California, with its principal office in the City of San Diego (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Perland(hereinafter called the Obligee)in the amount of seven hundred fourteen thousand, seven hundred and two Dollars($714,702.00), for the payment whereof the said C' Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has entered into a certain written contract with the Obligee, dated the day of , to Fire Station No. 1 and No.4 Renovations which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.Cili - NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all Clib claimants supplying labor and material to him or a subcontractor in the,prosecution of the work provided for in said contract, then,this obligation shall be void;otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas rill Government Code, and all liabilities on this bond to all such claimants shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of Witness: . (Seal) (If Individual or Firm) 1 CIIN Attest: (Seal) \-• # 1-.\— r (Seal) (If Corp• (S.;al) '' ‘'-ff 4 C / 4 t (Seal) Principal William C.Hull Hull&Hull,Inc. ci., ' 0 : A e . fifer Smith r:mey-In-Fact I®* Cibl TX-ICW 202(9/00) Clik J SECTION 00611 PAYMENT BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That of the City of , County of and State of Texas, as principal, and authorized under the laws of the State of Texas to act as .) surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of$ for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, r7 by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the day of , 20_, (the "Contract") to commence and complete the construction of certain improvements described as follows: Fire Stations No. 1 and No.4 City of Pearland,Texas COP PN: F21072 ,-4) BID NO.: 1008-001 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor or material to him or a subcontractor in the prosecution of the Work provided for in said Contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. PAYMENT BOND 00611 - 1 C' Cik" IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 20 . Principal: Surety: f'N y By: By: Title: Title: Address: Address: r 46 Telephone: Telephone: (66 Fax: Fax: f'" 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. ("` (46' END OF SECTION • 1 f- PAYMENT BOND 00611 -2 I.C.W.GROUP ❑INSURANCE COMPANY OF THE WEST ❑EXPLORER INSURANCE COMPANY ®INDEPENDENCE CASUALTY AND SURETY COMPANY ^� 11455 EL CAMINO REAL,SAN DIEGO,CA 92130-2045 P.O.BOX 85563,SAN DIEGO,CA 92186-5563 (858)350-2400 FAX(858)350-2707 www.icwgroup.com MAINTENANCE BOND Bond No.: 213 75 62 KNOW ALL MEN BY THESE PRESENTS: S That, Hull&Hull, Inc., as Principal, and Independence Casualty and Surety Company, a corporation organized under the laws of the State of Texas and authorized to do a surety business in the State of Texas, as Surety, are held and firmly bound unto the City of Pearland in the sum of seven hundred fourteen thousand,,seven hundred and two dollars ($ 714.702.00), lawful money of the Untied States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, -m jointly and severally, firmly by these presents: SEALED with our seals and dated this WHEREAS, on the , the said Hull & Hull, Inc. , as contractor, entered into a contract for City of Pearland for the sum of seven hundred fourteen thousand, seven hundred and two($ 714,702); and, fl WHEREAS, under the terms of the specifications for said work, the said Hull & Hull, Inc_is required to give a ,� bond for seven hundred fourteen thousand, seven hundred and two ( $ 714,702.00), to protect the City of Pearland against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same, namely, until NOW, THEREFORE, if the said Hull &Hull, Inc. shall for a period of one year from and after the date of the completion and acceptance of same by said Hull & Hull, Inc. replace any and all defects arising in said work . n whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. William C.Hull Hull&Hull, Inc. f? Principal By Independence Casualty and Surety Company Surety ZDtk B Je fer Smith, orney-In-Fact 7 TX-ICW 205(9/00) fl No. 0004072 ICW GROUP Power of Attorney (4111NInsurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company (RIN KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California, Explorer Insurance Company,a Corporation duly organized under the laws of the State of California,and Independence Casualty and Surety Company,a Corporation duly organized ( under the laws of the State of Texas,(collectively referred to as the"Companies"),do hereby appoint MICHAEL T.SIEGELER,TERESA L.MUNIZ,JENNIFER L.SMITH their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. In witness whereof,the Companies have caused these presents to be executed by its duly authorized officers this 1st day of November,2005. G��urr�xroFr Md8 ,eT� p0AP0�LIT yi^ (��VOA �T� Q, six G eek, „ .� H o o INSURANCE COMPANY OF THE WEST '' o oSEAL..a4 c /\a EXPLORER INSURANCE COMPANY `��DRNII,° \\\\\\ ,"a svo INDEPENDENCE CASUALTY AND SURETY COMPANY (161 C, Q1414(Cif Jeffrey D.Sweeney,Assistant Secretary John L.Hannum,Executive Vice President !1/IN State of California teb., } ss. County of San Diego ribs On June 5,2006 before me,Mary Cobb,Notary Public,personally appeared John L.Hannum and Jeffrey D.Sweeney,personally known to me to be the persons - whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the f instrument,the entity upon behalf of which the persons acted,executed the instrument. Witness my hand and official seal. .t. .� MARY COM fiw 4 4 COMM.db1602390 0 0 '`: s'•'--. NEEmTTARY fieN " - SAN OIEGO COUNTY A, SCommission Ells EPTEMBER 220. Mary Cobb,Notary Public (INN RESOLUTIONS • • This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant Secretary,are �._ hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER That the signatures of the officers makingthe appointment and the signature of anyofficer certifyingthe validityand !� PPo� >; >� Ol'+ current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if ('+ manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying." CERTIFICATE I,the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies,and are now in full force.161 A I IN WITNESS WHEREOF,I have set my hand this NA day of ,VO V� ��. Ao+ Jeffrey D.Sweeney,Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,the above MI6+ named individual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group, 11455 El Camino Real,San Diego,CA 92130-2045 or call(858)350-2400. f', fl SECTION 00612 • ONE-YEAR MAINTENANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That of the City of , County of and State of Texas, as principal, and 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$ for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, -m, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the day of , 20 , (the "Contract") to commence and complete the construction of certain improvements described as follows: fl Fire Stations No. 1 and No.4 City of Pearland,Texas COP PN: F21072 BID NO.: 1008-001 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. ONE YEAR MAINTENANCE BOND 00612-1 "N IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of . , 20 . Principal: Surety: BY: By: Title: Title: (Pk' Address: Address: Telephone: Telephone: Fax: Fax: CaN (lb` 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 (116 r®y (sift' (1161 ONE YEAR MAINTENANCE BOND 00612-2 I) • 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 and performance of this Contract. The Owner's representative on the project site shall be the Construction Manager or Engineer as designated. The Owner's Representative is: Slattery Tackett Architects, LLP, 730 North Post Oak Road, Suite 200, Houston, Texas 77024, 713.521.0591. 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 the Plans and 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; 1 (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 '11 (9) Exhibits: The following Exhibits, attached hereto, are incorporated herein, and are a part of this Contract: Exhibit"A"- Prevailing Image Rate Schedule Exhibit"B"- Notice to Proceed Exhibit"C"- Change Order Exhibit"D"- Notice of Completion Exhibit"E"- Certificate of Completion In the event a conflict or inconsistency remains between or within the Plans and Specifications or other 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 GENERAL CONDITIONS OF AGREEMENT 00700- 1 , (7" 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 having a contract with the CONTRACTOR or a subcontractor for performance of work on the Project (46y contemplated by these Contract.Documents. 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. C 1.04 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person 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 C"' 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 f4".% 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. ra, 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 done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans or reasonably inferable from the plans and/or specifications, and which shall, prior to the commencement of such work, be authorized in writing by the-ENGINEER. ,, 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 (0, CONTRACTOR can perform six or more hours of work on critical path items per the current construction schedule. CONTRACTOR agrees to request specific approval 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 flb‘ Management services required during the performance of any such approved work. 1.07-1 RAIN DAY: As used herein, a Rain Day. is defined as any WORK DAY during which r"., 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 r"'' 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 as a Weather Day. (See 1.12 Contract Time below) 1.07-2 - WEATHER DAY As used herein, a Weather Day is a day that is added to the CONTRACT TIME by the OWNER to extend the completion date of the Work by one full Work Day. (See " 1.12 Contract Time below) Weather Days, once approved by the OWNER, shall extend the Contract Time „\ on a one-to-one basis to replace a Work Day lost to weather related conditions that prevented the CONTRACTOR from performing four(4) or more consecutive hours of work on critical path items. Weather GENERAL CONDITIONS OF AGREEMENT 00700-2 Days are added to the Contract Time on a one-to-one basis by Change Order only at the end of the work and then only if, in the opinion of the OWNER, a time extension is required and warranted. 1.08 CALENDAR DAY. A "calendar day" is any day of the week or month, 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. Whenever in the Specifications or Drawings 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 f) 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 days 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 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 the addition of Weather Days equal to the number of Rain Days in excess of 40 days per year. The extension of the Contract Time shall be the CONTRACTOR's sole and exclusive remedy weather related delays. GENERAL CONDITIONS OF AGREEMENT 00700-3 !46' 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 (461 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 Ch\ observe conditions at the site affecting the Work, and shall take field measurements of existing conditions related to the Work. Any errors, omissions or inconsistencies in the Contract Documents noted by the CONTRACTOR, and/or any variance between the Contract Documents and applicable codes, standards or (al‘ ordinances, shall be promptly reported by CONTRACTOR to ENGINEER in writing as a Request for Information. CONTRACTOR shall not proceed with the affected portion of the Work until it receives ENGINEER's written response to such Request for Information, and then only in accordance with ENGINEER's response. 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 f"b' 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 (1116' such inspection, performance, construction or installation of collateral work. 2.03 OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof furnished Calk 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 drawings 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 i ' 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 '"N 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 CONTRACTOR aq GENERAL CONDITIONS OF AGREEMENT 00700-4 n n • fl 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 , 1 communications by the OWNER to the CONTRACTOR regarding the Work shall be issued through the ENGINEER. 'l 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 ENGINEER 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. fl 3.02 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all Plans and Specifications without expense to the CONTRACTOR, and the CONTRACTOR shall keep one copy of the same constantly accessible on the job site, with the latest revisions noted thereon. The CONTRACTOR r,3 shall be responsible for preserving the Plans and Specifications, timely and accurately updated, for reference and review by the OWNER or the ENGINEER. • 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 fl ENGINEER 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 tear out, remove and properly replace any defective `1 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. 3.04 INSPECTION BY ENGINEER. The ENGINEER shall 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 mid/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 fl • GENERAL CONDITIONS OF AGREEMENT 00700-5 r� 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 41*� quantities and qualities of the several kinds of Work, which are to be paid for under this Contract. The f`6'` ENGINEER shall determine 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 therirb 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 roN 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 ri"' 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 '"6% 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. (40►1/4 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR r'4*,` 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 Ca"' 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 (111 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 CIN GENERAL CONDITIONS OF AGREEMENT 00700-6 j Em l Em 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 Em 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 '1 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 Em have known of any such violation, and without such notice to the ENGINEER, CONTRACTOR shall bear all , 1 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 Em 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 of OWNER entering into this Contract, nor OWNER's performance hereunder, shall constitute a waiver of any immunity from suit enjoyed by OWNER Em 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. Em 4.04 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain Em 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 `m 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 ' f 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 Em Price shall be in excess of$25,000.00, the CONTRACTOR shall execute separate Performance, Payment Em 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 Em 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 shall be included in the CONTRACTOR's Bid Proposal. 4.06 INSURANCE. The CONTRACTOR, at his own expense, shall procure, maintain and keep Em 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 Em Em GENERAL CONDITIONS OF AGREEMENT 00700-7 Em 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. rak, 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 (7' and completion of the Work, and which are legally required at the time bids are received. 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. 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 (46' 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 vlos 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 Work, from its commencement to completion, shall be under the exclusive charge and control of the (1.4' CONTRACTOR, and all risk in connection therewith shall be borne by the CONTRACTOR. (41 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. (`N 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 rekt Work, and agrees that whenever the ENGINEER shall inform him in writing that any worker or workers on 7'1 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 CIN Work and shall not again be employed on the Work without the ENGINEER's written consent. 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 l.�► 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 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 fordamages allegedly sustained by anyone by reason of the erection, placement, construction or maintenance of CONTRACTOR's buildings or structures. reb GENERAL CONDITIONS OF AGREEMENT 00700-8 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 eTh 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. 'T1 4.13 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep and maintain the premises free from accumulation of debris, trash and waste, and at the completion of the Work, he shall remove all such debris, trash and waste, and also his tools, scaffolding and surplus .� materials, and shall leave the Work broom-clean or its equivalent. 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. �1 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. ^h 4.16 LAYOUT OF WORK. Except as specifically provided herein, the CONTRACTOR shall be f J responsible for laying out work and shall accomplish this work in a manner acceptable to the ENGINEER and in conformance with the Contract Documents. fl 4.17 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in his own Work or in that of any other contractor, six (6) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules 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 `l 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 Plans and Specifications and 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 Plans and Specifications ,.` and Contract Documents, and shall not relieve the CONTRACTOR of his duty as an independent GENERAL CONDITIONS OF AGREEMENT 00700-9 t tiobk r"'N 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. (41.,, 4.18 ENGINEER-CONTRACTOR RELATIONSHIP; OBSERVATIONS. It is agreed by the CONTRACTOR that the ENGINEER, as the OWNER's representative, shall be and is hereby authorized to appoint such subordinate engineers, representatives or observers as the said ENGINEER may from time totime 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 (4", Agreement and the Plans and Specifications and 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 (41' representative shall have the right at all reasonable times to observe, inspect and test the Work. The 17 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 ("1) 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 l`b' 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 ('1 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. P'w' Neither observations by the OWNER or by the ENGINEER, nor inspections, certifications, tests or gyp.•, approvals made by the OWNER, the ENGINEER or other persons authorized under this Agreement to make such inspections, tests or approvals, shall relieve the CONTRACTOR from his obligation to perform the Work in accordance with the requirements of the Contract Documents. 4.20 DEFECTS AND THEIR REMEDIES. It is further agreed that if the Work or any part Pr4" 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 Plans and Specifications or Contract Documents, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, (44' GENERAL CONDITIONS OF AGREEMENT ` 00700- 10 f" 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 Plans and Specifications or the Contract Documents, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of '`7 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 instant 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 fl 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 Plans and Specifications or Contract Documents by the ENGINEER or OWNER, or any agent, employee or `P) 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 Plans and Specifications and Contract Documents, or for the purpose of enabling the CONTRACTOR to more fully understand the Plans and Specifications and 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 Plans and Specifications or Contract Documents shall not constitute a waiver of CONTRACTOR'S liability for damages as herein set out. Deviation by the CONTRACTOR from Plans and Specifications or 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 Plans and f1 Specifications and Contract Documents, and further shall not relieve CONTRACTOR of his liability for loss, damage or injury as herein set out. 4.22 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR shall be solely responsible for the safety of himself, his employees and all other persons, as well as for the protection of the improvements being erected and the property of himself or any other "> person, as a result of his operations hereunder. The CONTRACTOR shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the Work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded, as a minimum, in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The CONTRACTOR shall provide all necessary machinery guards, safe walkways, ladders, bridges, gangplanks, barricades, fences, traffic control, warning signs and other safety devices. No alcoholic beverages, non-prescription drugs, or unsafe practices will 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 will '1 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 '11 GENERAL CONDITIONS OF AGREEMENT 00700- 11 (6\ 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 f4.' reminders to the CONTRACTOR of his duty and shall not be construed as any assumption of duty 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 f 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 (1.` CONTRACTOR AGREES TO INDEMNIFY, DEFEND, SAVE AND HOLD HARMLESS THE 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 r'k' 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 ('N ENGINEER. 4.24 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, Cw'+ MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. THE CONTRACTOR AGREES THAT HE WILL PROMPTLY PAY WHEN DUE, AND WILL INDEMNIFY, SAVE CNN AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ALL.CLAIMS GROWING OUT OF (`►, THE DEMANDS OF SUBCONTRACTORS, LABORERS, WORKERS, MECHANICS, MATERIALMEN AND FURNISHERS OF MACHINERY AND PARTS THEREOF, EQUIPMENT, POWER TOOLS AND ALL SUPPLIES, INCLUDING COMMISSARY, INCURRED IN THE FURTHERANCE OF THE PERFORMANCE OF THIS CONTRACT. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. P'"' 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. r"'k 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, roN 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 rmN 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 flb GENERAL CONDITIONS OF AGREEMENT 00700- 12 l REQUIRED BY THE OWNER; PROVIDED, HOWEVER, IF CHOICE OF ALTERNATE DESIGN, DEVICE, MATERIAL OR PROCESS IS ALLOWED TO THE CONTRACTOR, OR IF CONTRACTOR KNEW OR SHOULD HAVE KNOWN OF THE PATENT OR COPYRIGHT AND FAILED TO PROMPTLY NOTIFY OWNER IN WRITING, THEN THE CONTRACTOR SHALL INDEMNIFY, DEFEND, SAVE AND HOLD THE OWNER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF. 4.26 INDEMNIFICATION. THE CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE ENGINEER AND THE OWNER HARMLESS FROM ANY CLAIMS OR DEMANDS OF ANY NATURE WHATSOEVER MADE BY ANY EMPLOYEE, EMPLOYEES, AGENTS OR SUBCONTRACTORS OF CONTRACTOR, OR BY ANY UNION, TRADE ASSOCIATION, WORKER'S ASSOCIATION OR OTHER GROUPS, ASSOCIATIONS OR INDIVIDUALS, ALLEGEDLY REPRESENTING EMPLOYEES OF THE CONTRACTOR, IN ANY DISPUTE BETWEEN THE CONTRACTOR AND HIS EMPLOYEES, DIRECTLY OR INDIRECTLY INVOLVING, GROWING OUT OF OR ARISING FROM CLAIMS BY SUCH EMPLOYEES FOR WAGES, SALARY, COMPENSATION, BENEFITS, WORKING CONDITIONS OR ANY OTHER SIMILAR COMPLAINT OR CLAIM WHICH MAY BE MADE. THE CONTRACTOR, HIS_SURETIES AND INSURANCE CARRIERS SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER AND THE ENGINEER AND THEIR RESPECTIVE OFFICERS, REPRESENTATIVES, AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, CLAIMS, LOSSES, DEMANDS, SUITS, LIABILITIES, JUDGMENTS AND COSTS OF ANY CHARACTER WHATSOEVER, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, AND SHALL BE REQUIRED TO PAY ANY JUDGMENT THEREFOR, WITH COSTS, WHICH MAY BE OBTAINED AGAINST THE OWNER AND/OR THE ENGINEER OR ANY OF THEIR OFFICERS, REPRESENTATIVES, AGENTS OR EMPLOYEES, ARISING OUT OF OR RESULTING FROM OR ALLEGEDLY ARISING OUT OF OR RESULTING FROM THE PERFORMANCE 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 fl 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, fl 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. ' GENERAL CONDITIONS OF AGREEMENT 00700- 13 n This indemnity agreement is a continuing obligation, and shall survive notwithstanding completion of the Work, Final Payment, expiration of the warranty period, termination of the Contract, and abandonment or takeover of the Work. CONTRACTOR's indemnification obligations hereunder shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or a subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts, and shall not be limited by any limitation on amounts or coverage of insurance provided or to be provided under this Contract. 4.27 LOSSES FROM NATURAL CAUSES. All loss, cost, expense or damage to the CONTRACTOR arising out of the nature of the Work to be done or from any unforeseen circumstances in ,r''+ 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. ram, 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 ("N in conformance with the Contract Documents, and to make good all damages caused to other work or C,, 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 ("A, 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 ram, 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. r"� The CONTRACTOR shall submit, at such times as may reasonably be requested by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the Work, with ,-� dates on which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. Such schedules shall show completion of the Work within the Contract Time, and/or shall show such recovery efforts as CONTRACTOR intends to undertake in the event ., Substantial Completion of the Work is delayed. 5.02 EXTENSION OF TIME. The CONTRACTOR agrees that he has submitted his Bid Proposal in full recognition of the time required for the completion of this Project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions as hereinafter set forth, and that he shall not be entitled to, nor will he request, an extension of time on this Contract, except when Substantial Completion of the Work has been delayed solely by any act or neglect of the OWNER, the ENGINEER, or any employee of either, by other GENERAL CONDITIONS OF AGREEMENT 00700- 14 n contractors employed by the OWNER, by any approved change in the Work, by strikes, lockouts, fires, Acts of God, or by any other cause which the ENGINEER shall decide justifies the delay. Justified delays include rainfall or other weather conditions that prevent the CONTRACTOR'from performing more than fl one-half of the typical work day. 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. l The Contract Time as defined in the Bid Proposal and other sections herein contains 40 Rain Days, based on the average annual rain days from June 1898 to December 1996 as contained in the Alvin Weather Center records. 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 signed 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, Weather Days shall be added to the Completion Date equal to the total number of Weather Days approved less the original 40 days resident in the original Contract Time. The Addition of Weather Days will only alter the Contract Time when Weather Days have been added by Change Order. If the Work is completed prior to the Completion Date, No Weather Days will be added. The addition of Weather Days , ,I shall be the CONTRACTOR's sole remedy for delays to the completion of the Work due to weather conditions and their addition to the Contract Time shall not affect the Contract Price through any"per deim" 'l 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 j cause during the progress of any portion of the Work embraced in this Contract, except where the Work is n stopped or suspended by order of the OWNER, or the ENGINEER as the OWNER's representative, and such stoppage or suspension is not attributable to any act or omission of CONTRACTOR. 'ThI 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 breach of this Contract as to completion 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 fl GENERAL CONDITIONS OF AGREEMENT 00700- 15 (I f raN 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 f., 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 that thirty (30) days after the event giving rise to the claim. Notice of the extent of the claim, along with supporting data, (4II4 shall be delivered within thirty days of the occurrence and shall be accompanied by the claimant's written r.\ 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 M, in addition to the Contract. B. Information documenting that the number of days requested is accurate for the event. C. Revised, current construction schedule showing that the time requested affects the 14' project's critical path. (44' 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 r 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 o,. 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. (11" Delays attributed to, and within the control of, a Subcontractor or Supplier shall be deemed to be delays within the control of the CONTRACTOR. l•, 6.0 MEASUREMENT AND PAYMENT r'"'` 6.01 DISCREPANCIES AND OMISSIONS. If the CONTRACTOR knows or reasonably should have known of any discrepancies or omissions in the Plans, Specifications or Contract Documents, he shall notify the ENGINEER and obtain a clarification by Addendum before the bids are received, and if no such r"' 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 Plans and Specifications and 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. twik GENERAL CONDITIONS OF AGREEMENT 00700- 16 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 Specifications, Plans and Contract Documents, and including any estimates contained therein, is intended to convey all Work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of Work to be done and material to be furnished under this Contract, they are approximate and are to be used only as a basis for estimating the probable cost of the Work and for comparing the Bid Proposals offered for the Work. It is understood and agreed that the actual amount of Work to be done and the materials to be furnished under this Contract may differ from the estimates and that the items listed or estimated quantities stated, and/or any difference between estimated and actual Work, shall not give rise to a claim by the CONTRACTOR against the OWNER for loss, cost, expense, damages, unit price adjustment, quantity differences, unrecovered overhead or lost or anticipated profits, or other compensation. 6.04 PRICE OF WORK. It is agreed that it is the intent of this Contract that all Work described fi in the Bid Proposal, the Plans and Specifications and other 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 `l 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, for the material actually used and services actually performed; however, the OWNER does not assume any obligation to pay for any services or material not actually authorized and used. The CONTRACTOR hereby agrees to receive such prices as payment in full for furnishing all materials and all labor required for the aforesaid Work, and for all expenses incurred by him, and for full performance of the Work and the whole thereof in the manner and according to this Agreement, the Plans and Specifications and Contract Documents, and the requirements of the ENGINEER. fi 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, fl 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. .1 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 GENERAL CONDITIONS OF AGREEMENT -� 00700- 17 n (4'1 practicable, the 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 recommendation at the Work site only. No payment will be made for materials stored until Owner has approved in writing storage at the Work site. The ENGINEER shall then review such statement 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 conforming to the requirements of the Contract Documents, the ENGINEER shall prepare a preliminary certificate for partial payment and shall deliver his preliminary certification for payment to the OWNER and the CONTRACTOR; or, if the ENGINEER finds that CONTRACTOR's application for payment contains an error or is otherwise disputed, he shall notify CONTRACTOR of such error or dispute, and shall prepare a preliminary certificate for partial payment for the undisputed amount of the application for payment due CONTRACTOR, and' deliver it to the OWNER and CONTRACTOR. ENGINEER'S notice to CONTRACTOR that a bona fide dispute for payment exists shall include a list of the specific reasons for ( nonpayment 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 (w, 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 !°i''+ ENGINEER and OWNER a full release of all claims, direct or indirect, at law or in equity, arising out of or related to the Work to date, excluding retainage or any claims previously submitted as required under the terms of the Contract, and specifically identified and excluded by CONTRACTOR in the release. OWNER shall be entitled to retain from each progress payment five percent (5%) of the amount thereof. Such retainage shall be retained until Final Completion and satisfaction of all conditions for Final Payment. It is understood, however, that in case the whole Work be near to completion, as certified by the ENGINEER, and some unexpected or unusual delay occurs, through no neglect or fault on the part of the CONTRACTOR, the OWNER may, upon written recommendation of the ENGINEER, pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR, at the OWNER'S option, may be relieved of the obligation to fully complete the Work, and thereupon, the CONTRACTOR shall receive, at the OWNER'S option, payment of the balance due him under the Contract 1.414 , for Work completed in accordance with the Contract Documents, subject to OWNER's rights to otherwise withhold or retain payments, and subject to the conditions set forth under"6.08 FINAL PAYMENT." The Owner at its option and in compliance with-Texas law may reduce retainage to less than the above- stated percentages. if1"t 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 r'I►, 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 re 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". Upon receipt, and within a reasonable time thereafter, of such notice, the ENGINEER and the CONTRACTOR shall GENERAL CONDITIONS OF AGREEMENT 00700-18 n fl jointly perform a walk-through and inspection of the Work to determine the status of all or the identified fl portion of the work, and shall prepare a detailed list of unfinished, incomplete, defective and/or non- conforming Work ("Punchlist"). If the ENGINEER determines that the Work is Substantially Complete in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR a Certificate of Substantial Completion. OWNER shall have seven (7) days after receipt of Certificate to make written objection to the ENGINEER as to any provision of the Certificate or the attached list of non-conforming work. If ENGINEER concludes that the Work is not Substantially Complete, ENGINEER will, within fourteen (14) days, notify CONTRACTOR of the reason he believes the Work is not Substantially Complete. Upon Substantial Completion of the Work, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities, pending final payment and acceptance, with respect to security, maintenance, utilities and damage to the Work, except as otherwise provided in the Certificate of Substantial Completion. NEITHER THE SUBSTANTIAL COMPLETION OF THE WORK, NOR THE OMISSION OF AN ITEM FROM THE PUNCHLIST, SHALL EXCUSE THE CONTRACTOR FROM PERFORMING ALL OF THE WORK UNDERTAKEN, WHETHER OF A MINOR OR MAJOR NATURE, AND THEREBY COMPLETING THE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. The Certificate of Substantial Completion shall establish the time period within which CONTRACTOR shall complete the Work for Final Acceptance by the Owner and ENGINEER. 6.08-1 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, for security requirement reasons. OWNER may establish.an access procedure to `l facilitate CONTRACTOR's uninterrupted access to the Work for the purposes of completing and correcting all items on the Punchlist in an expeditious manner. 6.09 FINAL PAYMENT. Final payment of the Retainage withheld from the Contract Price shall be made by the OWNER to the CONTRACTOR at such time as: (a) the Work, including all Change Orders and including all Punchlist work, has been fully completed in strict accordance with the Contract Documents; (b) the Contract has been fully performed except for the CONTRACTOR's responsibility to correct nonconforming Work during the warranty period set forth in the Contract Documents, and to satisfy other requirements, if any, which , necessarily survive final payment; (c) CONTRACTOR delivers to OWNER a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days prior written notice has been given to OWNER; (d) CONTRACTOR delivers to OWNER a Consent of Surety, if any, to final payment; (e) CONTRACTOR delivers to OWNER a complete set of As-Built Drawings, reflecting all deviations from the Plans, Specifications and approved shop drawings in the Work actually constructed, and delivers all maintenance and operating manuals and/or instructions; fl (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; '1 GENERAL CONDITIONS OF AGREEMENT 00700- 19 'Fll (4IN' (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; (114+ Q) 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 (1.' guarantees or warranties, operation and maintenance manuals, etc'. in each case in a form satisfactory to OWNER as determined in OWNER's sole discretion; and (k) the Final Application for Payment has been approved by the ENGINEER and OWNER. Acceptance of Final Payment by the CONTRACTOR shall constitute a waiver of all claims by CONTRACTOR against OWNER other than any claims previously made in writing by CONTRACTOR against OWNER, and still unsettled, and except for claims arising out of third party actions, cross-claims and counterclaims. No interest shall be due or payable by OWNER to CONTRACTOR on any sums (� retained or withheld by OWNER pursuant to the terms or provisions of the Contract Documents, except as otherwise provided by applicable law. Neither the Certificate of Substantial Completion nor the Final Payment nor possession or acceptance of the Work shall relieve the CONTRACTOR of its obligation for correction of defective or non-conforming Work, or for fulfillment of any warranty, which may be required by law or by the Contract Documents. f'" 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 a reasonable time after - receipt of a written notice from the OWNER or the ENGINEER, the OWNER may remove, replace and r`a+ 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 Ch° 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 ti item of Work upon completion of the remedial work. This time period for correction by CONTRACTOR is in r""A 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;elRk (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; lq", GENERAL CONDITIONS OF AGREEMENT 00700-20 fl (e) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract amount; (f) Reasonable indication that the Work will not be completed within the Contract Time; (g) Failure on the part of the CONTRACTOR to execute any and all documents, releases or n 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 `l 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 '1 provided therein. 7.0 EXTRA WORK AND CLAIMS 7.01 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. 7.02 MINOR CHANGES. The ENGINEER may authorize minor changes in the Work not `) inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price or time. If the CONTRACTOR believes that any minor changes authorized by the ENGINEER involves Extra Work or entitles him to an increase in the Contract Price or the Contract Time, the CONTRACTOR shall give notice of same by written request to the ENGINEER for a written Work Order, with a copyto OWNER. Anysuch notice and request bythe CONTRACTOR shall be q 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. 7.03 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all work under the direction of the ENGINEER 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 .Th 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: GENERAL CONDITIONS OF AGREEMENT 00700-21 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) be agreed upon before the Extra Work is C, commenced, then the CONTRACTOR shall be paid the "Actual Field Cost" of the work, plus fifteen percent(15%), 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 (""s employed or used on such alleged 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 C*, 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 /`11" machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using •one hundred percent (100%), unless- otherwise specified, -of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America where practicable. The fifteen percent (15%) of the "Actual Field Cost" to be paid to the CONTRACTOR, shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other CIN 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." f""'‘ No claim for Extra Work of any kind will be allowed unless ordered by the ENGINEER in a written Work (.91 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 'b' 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 OWNER, 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 (' (1.% GENERAL CONDITIONS OF AGREEMENT 00700-22 date, and all such claims held by the CONTRACTOR shall be deemed waived, forfeited and forever barred. fl CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 7.04 TIME OF FILING CLAIMS. Except as otherwise provided herein, all questions of dispute or adjustment shall be in writing and filed with the ENGINEER within three (3) days after the ENGINEER fl 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 fi in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time, shall be final and conclusive and binding upon the parties. In case the CONTRACTOR should desire to appeal from the ENGINEER's decision, the CONTRACTOR may request a meeting between representatives of the OWNER and the CONTRACTOR for the purposes of appealing the ENGINEER's decision directly to the OWNER, such meeting to occur within ten (10) days after the date,of the CONTRACTOR's request, or such longer period as may be agreed to by the parties in writing. If the CONTRACTOR shall still be aggrieved after a meeting with the OWNER and/or his representative, the CONTRACTOR shall have sixty (60) days after the date of the meeting, or such longer period as the parties may agree to in writing, to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0. In the event the CONTRACTOR shall fail, for any reason, to timely file a Request for Mediation, the OWNER shall be released of any and all liability, and the CONTRACTOR's failure to timely file a Request for Mediation shall constitute a waiver, forfeit and final bar of all such claims held by the CONTRACTOR against the OWNER. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process fl between OWNER and CONTRACTOR. 8.0 DEFAULT 'l 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, fl 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 f , 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, f-, GENERAL CONDITIONS OF AGREEMENT 00700-23 (') C C." equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this ^q 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 ofsuch excess to the OWNER upon demand; or (b) The OWNER, under sealed bids, under the times and procedures provided for by law, may C. 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. C 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, theCONTRACTOR and his surety shall be so notified. A complete itemized statement of the Contract C. 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 t protect such property. After fifteen (15) days from the date of such notice, the 'OWNER may sell such property, equipment, tools, materials or supplies, and apply the net sum derived from such sale to the credit of the CONTRACTOR and his surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials or supplies, which remain on the Work, and belong to persons other than the CONTRACTOR or his surety, to their reputed owners. ;r1 8.02 SUPPLEMENTATION OF CONTRACTOR FORCES. If CONTRACTOR at any time shall, 06' 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 t (�'' GENERAL CONDITIONS OF AGREEMENT 00700-24 fl n the same default and without fully taking over the Work, to supplement CONTRACTOR's forces and to fl 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 fl 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 "l 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 fl 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 'l 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 fl 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, F'1 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, fl OWNER shall have the right to immediately invoke the remedies of this Section 8 or as provided by law. Pending receipt of such adequate assurances of such future performance, OWNER may proceed with the Work on a temporary basis and deduct the costs, plus reasonable overhead and profit, from any amounts due or which may become due to CONTRACTOR under the Contract or any other agreement with OWNER. In this regard, OWNER and CONTRACTOR agree that delays in performance could result in more damages to CONTRACTOR than would be sustained if OWNER failed to exercise such remedies. 8.06 CONTINGENT ASSIGNMENT. CONTRACTOR hereby assigns to OWNER, all of CONTRACTOR's rights under and interest in any and all subcontracts and/or purchase orders 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 fl 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 n GENERAL CONDITIONS OF AGREEMENT 00700-25 `'1 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 ria, 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 (4. performed in strict accordance with the Contract Documents, based upon the Contract Price and the percentage of completion on the date of termination, and less amounts previously paid, subject to any reasonable backcharges attributable to CONTRACTOR's failure to comply with any of the provisions of this Contract -and further subject to the other-terms of this Contract regarding payment. In no event will CONTRACTOR receive or be entitled to any payment or compensation whatsoever for interruption of business or loss of business opportunities, any other items of consequential damages, for overhead or loss of profits on the unperformed Work and/or services and unfurnished materials or for any intangible, impact or similarly described cost, damages or expense, and under no circumstances shall the total sum paid to or received by CONTRACTOR under this Contract exceed the Contract Price. The compensation provided herein shall be CONTRACTOR's sole and exclusive remedy arising out of a termination for convenience. 14►, 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 an undisputed amount due within 14°' 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 defaultrwithin 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 competed Work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by ram'+ 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 raN' 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 rib` 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 GENERAL CONDITIONS OF AGREEMENT 00700 26 n • 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 f� 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 fi 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. 'l If a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the work of a subcontractor or supplier, OWNER or CONTRACTOR may join such subcontractor or supplier as a party to any mediation proceeding between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts and/or purchase orders related to the Work a specific provision whereby the subcontractor or supplier consents to being joined in mediation between OWNER and CONTRACTOR fl 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. fl 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 'l 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. n n - '-'1 n n n n `1 n n GENERAL CONDITIONS OF AGREEMENT 00700-27 n , ACORD CERTIFICATE OF LI�►�LLI°� INSURANCE DATE(EM1DDIYYYY) 11/1/2007 PRODUCER (281)990-6051 FAX: (281)990-6052 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION (`~' The Essential Insurance Grou , LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 308 W Parkwood Ave, Ste 104B ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (iphk Friendswood TX 77546 INSURERS AFFORDING COVERAGE NAIC U ,n�,, INSURED INSURER A:Praetorian Financial t. ' Hull & Hull, Inc. INSURER B:Texas Mutual Insurance Co Cobs 2223 Kelley sT. INSURERc:AIUerican Intern'1 Spec INSURER D: Houston TX 77026 INSURERE: • , COVERAGES 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. . AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR INSRD TYPE OF INSURANCE POLICY NUMBER POLICY (MMIDD1TYYY)DATE(EXPIRATION h I,DD11 YN LIMITS ,rfp GENERAL LIABILITY EACH OCCURRENCE DAMAGE TORENTED S 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMIS( soccur urcur 100 000 PREMISE rence) S A CLAIMS MADE n OCCUR PSITX0002853 10/31/2007 10/31/2008 MED EXP(Any one person) S 5,000 i'!i PERSONAL&ADV INJURY S 1,000,000 f GENERAL AGGREGATE S 2,000,000 (46N GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 5 2,000,000 POLICY n JECOT ri LOC Cilik AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s 1,000,000 ANY AUTO (Ea accident} A ALLO�IRIEDALITOS PSITX0002B50 10/31/2007 10/31/2008 BODILY INJURY X SCHEDULED AUTOS (Per person) S rilliN HIRED AUTOS BODILY INJURY — NON-OWNED AUTOS (Per accident) S Clib4' PROPERTY DAMAGE S (Per accident) l GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG s l C EXCESSIUMBRELLA LIABILITY Q#511669380 11/01/2007 11/01/2008 EACH OCCURRENCE S 1,000,000 X OCCUR n CLAIMS MADE AGGREGATE S 1,000,000 S DEDUCTIBLE S X RETENTION S 10,000 g • ilik B WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS LIABILITY X TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT 5 1,000,000 ` OFFICERIMEMBERD(CLUDEDI Q000890832 10/31/2007 10/31/2008 ' If yes,describe under E.L.DISEASE-EA EMPLOYEES 1,000,000 SPECIAL PROVISIONS below E.L DISEASE-POLICY OMIT S 1,000,000, AIl OTHER M DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Fire Station #1 and #4 Renovations (*Ilk Mk ram, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Pearland EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3519 Liberty Dr. 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT plait Pearland, TX 77581FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE /111+ INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE '-----_;—• Ryan Moss/AMY "ACORD 25(2001108) . ©ACORD CORPORATION 1988 MIKMM ,nes ne. Po•,a 9 M 7 e, railh' IMPORTANT I If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. • • fl n ACORD 28(2001l08) INS0261o�os).osa Page2of2 '"1 f11^ SECTION 00701 -ATTACHMENT NO. 1 TO GENERAL CONDITIONS rIN WORKERS' COMPENSATION INSURANCE COVERAGE f'"` 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. f'k 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 lou► that person has employees. This includes, without limitation, independent contractors, subcontractors, motor carriers and owner-operators, (as defined at Section 406.121 of RI'` 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. r "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. f"' 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. (lb.` C. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the Contract. f'a 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 (4N project, and provide to the OWNER: C (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 raN (.., (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 ithe ra.' 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 M . f+. ATTACHMENT 1 TO GENERAL CONDITIONS WORKER'S COMPENSATION INSURANCE fat' 00701 - 1 fl affect the provision of coverage of any person providing services on the Project. fl H. The CONTRACTOR shall post on each Project site a notice, in the text, form and manner fl 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 1 other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440-3789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, too: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for all of its employees providing services 'on the Project, for the duration of the Project; (2) provide to the CONTRACTOR, prior to that person beginning work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the Project: (3) provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage, showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (4) obtain from each other person with whom it contracts, and provide to the CONTRACTOR: (a) a certificate of coverage, prior to the other person beginning work on the Project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of fl the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (5) retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; (6) notify the OWNER in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and ,Th ATTACHMENT 1 TO GENERAL CONDITIONS WORKER'S COMPENSATION INSURANCE 00701 -2 r, • (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. (4''• 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 ,+q 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 (4..\ after receipt of notice of breach from the OWNER. rieb reN fa"A (91' & ('N CaN Fes, ATTACHMENT 1 TO GENERAL CONDITIONS (.4b' WORKER'S COMPENSATION INSURANCE ,s., 00701 -3 SECTION 00702 -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 (411 (hereafter "CONTRACTOR") and the City of Pearland (hereafter "OWNER") for the Project known as (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 c"� 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 f41 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 (4"'+ of and from all manner of debts, claims, demands, obligations, suits, liabilities and causes of action of any nature whatsoever, at law or in equity, in contract or in tort, now existing or which may hereafter accrue, arising out of or related to the Contract, any Change Orders or Work Orders, the Work, or any labor, Cls materials, equipment or services furnished by CONTRACTOR to OWNER. r' 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. of SIGNED and EXECUTED this, the_day of , 20_. CONTRACTOR: • By: SignatureCIN Pint Name: Title: ATTACHMENT 2 TO GENERAL CONDITIONS AGREEMENT FOR FINAL PAYMENT 00702- 1 A", ' 1 n fl [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.] Alm n fl ATTACHMENT 2 TO GENERAL CONDITIONS AGREEMENT FOR FINAL PAYMENT 00702-2 r-, ellmq AFFIDAVIT STATE OF TEXAS § COUNTY OF § fe , 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 4'1 said: ''" I (We) am (are)the person(s)who signed and executed the above and foregoing Agreement for MIN 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. Albs CONTRACTOR-Affiant aks SWORN TO AND SUBSCRIBED TO before me, the day of 20_ Notary Public, State of Texas ANN My Commission Expires: AMIN [This form is for use in the event CONTRACTOR is a corporation.] 01111 11114., ANIN Aft, MAN ATTACHMENT 2 TO GENERAL CONDITIONS (*., AGREEMENT FOR FINAL PAYMENT 00702-3 fl AFFIDAVIT 1 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 fl 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: n J eTh fl fl n ATTACHMENT 2 TO GENERAL CONDITIONS 1 AGREEMENT FOR FINAL PAYMENT 00702-4 n CibN fig'‘ SECTION 00703 -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 (4.) assigns, and the Engineer, (b) any officers, employees, or agents of such persons or entities, and (c) r 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. ra`., 1.3 Subcontractor. "Subcontractor" shall include subcontractors of any tier. fly's 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 raN • 2.1.2 are being, or have been,obtained by the Contractor in support of the Contractor's /96., 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, rib\ 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 rft` 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. 3. Conditions Affecting All Insurance Required Herein L` 3.1 Cost of Insurance. All insurance coverage shall be provided at the Contractor's sole expense. P**1 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. '"1", ATTACHMENT 3 TO GENERAL CONDITIONS OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR 00703- 1 ( } 1-1 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: c"? 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 fi 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: 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). `1 4.1.3 Amount of Insurance. Coverage shall be provided with limits of not less than: Each Occurrence Limit $1,000,000 General Aggregate Limit $2,000,000 Product-Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 4.1.4 Required Endorsements a. Additional Insured. Additional insured status shall be provided in favor of `l the Owner Parties on any of the following: ISO form CG 20 10 11 85; or ii. ISO form CG 20 26 11 85; or -m 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. fl ATTACHMENT 3 TO GENERAL CONDITIONS OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR 00703-2 fl ANN MIN c. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. AIN d. Personal Injury Liability. The personal injury contractual liability exclusion ANN 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. APIS Avis4.1.5 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. rg•N 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 ram, 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: mak (la\ 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•., 4.4 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. r''' 4.4.2 Form. This policy shall have the same inception and expiration dates as the commercial general liability insurance required above. r•, ATTACHMENT 3 TO GENERAL CONDITIONS OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR 00703-3 E } 1- 1 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 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 r) b. subcontractors of all tiers in the Work as Additional Insureds. 4.6.2 Covered Property. Such insurance shall cover: a. all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes and wiring, excavations, grading, backfilling or filling; b. all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) located at the site; c. all property including materials and supplies on site for installation; d. all property including materials and supplies at other locations but intended for use at the site; TI 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 TI attached. .-ej • ATTACHMENT 3 TO GENERAL CONDITIONS TI OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR 00703-4 l f r"°'' 4.6.3 Form • a. Coverage shall be at least as broad as an unmodified ISO Special form, ram, 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. f"\ b. No protective safeguard warranty shall be permitted. c. Required coverage shall further include: i. Additional expenses due to delay in $TBD completion of project(where applicable) ii. Agreed value Included without sublimit ('" iii. Damage arising from error, omission or Included without sublimit �, deficiency in construction methods, design, specifications, workmanship or materials, °"'‘ including collapse iv. Debris removal additional limit 25% of direct damage loss v. Earthquake (where applicable) $TBD vi. Earthquake sprinkler leakage (where $TBD r applicable) vii. Expediting expenses $ TBD viii. Flood (where applicable) $TBD ix. Freezing Included without sublimit l"N x. Mechanical breakdown, including hot&cold Included without sublimit testing (where applicable) xi. -Notice of cancellation, non-renewal or Included ("s material reduction —60 days prior written notice to each insured xii. Occupancy clause, as required in F, below Included xiii. Ordinance or law Included without sublimit xiv. Pollutant clean-up and removal $ TBD xv. Preservation of property Included without sublimit (**+ xvi. Replacement cost - Included xvii. Theft Included without sublimit- '` ' xviii. Waiver of subrogation-as required in G, Included • below. �' 4.6.4 Amount of Insurance. Coverage shall be provided in-an amount equal at all times ms to the full replacement value and cost of debris removal for any single occurrence. '''°'` 4.6.5 Deductibles. Deductibles shall not exceed the following: ,y a. All Risks of Direct Damage, Per $5,000 - Occurrence, except r"''+ b. • Delayed Opening Waiting Period 5 Days c. Flood, Per Occurrence $25,000 or excess of NFIP if in Flood Zone A, B or V fibs d. Earthquake and.Earthquake Sprinkler $25,000 Leakage, Per Occurrence efik, 4.6.6 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 'v., insurance shall be maintained in effect, unless otherwise provided for in the Contract Documents, until the earliest of the following dates: ram►, ram, ATTACHMENT 3 TO GENERAL CONDITIONS OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR 00703-5 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. , 4.6.7 Waiver of Subrogation: The waiver of subrogation provision shall be endorsed as e-, follows: a. A waiver of subrogation shall be provided in favor of all insureds. j 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. n 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. , 1 6.3.3 Insurance companies affording each coverage, policy number of each coverage, policy dates of each coverage, all coverages and limits described herein, and signature of authorized representative of insurance company. 6.3.4 Producer of the certificate with correct address and phone number listed. 6.3.5 Additional insured status required herein. 6.3.6 Amount of any deductibles and/or retentions. 6.3.7 Cancellation, non-renewal and material reduction in coverage notification as ? required by this Agreement. Additionally, the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon Company, it agents or representatives" shall be deleted from the cancellation provision of the ACORD 25 certificate of insurance form. 6.3.8 Designated Construction Project Aggregate Limits required herein. ,Th 6.3.9 Personal Injury contractual liability required herein. 6.3.10 Primary and non-contributing status required herein. rTh ATTACHMENT 3 TO GENERAL CONDITIONS OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR 00703-6 • (""'' 6.3.11 Waivers of subrogation required herein. 6.4 • Required Endorsements. A copy of each of the required endorsements shall also be provided. (41'‘ 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 maintainsuch insurance. 6.6 Certified Copies. Upon request of any Owner Party, the Contractor shall provide to the OiN 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. (411 ("'+ 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 lam' any other provision of this Agreement, shall not constitute a waiver by any Owner Party of any rights. The ram, 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 t(aN 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 (16 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 (6' recovery for any such loss. To the extent any loss is not covered by said insurance or subject to any deductible or co-insurance, the Contractor shall not be reimbursed for same. Should the Contractor or its subcontractors choose to self insure this risk, it is expressly agreed that the Contractor hereby waives, and ("' shall cause its subcontractors to waive, any claim for damage or loss to said property in favor of the Owner („N 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 (46., 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 (161 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. ATTACHMENT 3 TO GENERAL CONDITIONS OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR \\ 00703-7 f°16' lam°` SECTION 00800 -SPECIAL CONDITIONS • 1.01 EXPLANATION OF PROPOSALS AND ALTERNATIVES A. See Section 00120- Instructions to Bidders, and Section 00200 Summary of Work 1.02 WARRANTIES AND GUARANTEES: See Section 00700-General Conditions (861 1.03 PREVAILING WAGE RATE DETERMINATION: A. Pursuant to the Uniform General Conditions/Supplementary General rah Conditions, the following schedule indicates the prevailing wage rate determination determined by the Owner. 1.04 PREVAILING WAGE GUIDELINES: A. Pursuant to Article III, Paragraph 3.1, of the Uniform General Conditions, the Contractor is responsible for compliance with the prevailing wage law in accordance with the City Prevailing Wage Guidelines. Compliance includes submission of wage rate notification forms for all workers on the project. (�q B. See Exhibit"A" CluN 1.05 SECURITY: n., A. The Contractor is responsible for security of the construction area and staging areas for the project. The Contractor may employ unarmed security personnel for their areas of control, but must notify the Owner of any such firms or employees. 1.06 PROJECT CLEANLINESS: ANN A. The Contractor shall provide manpower for janitorial work in order to keep all offices, office toilet rooms, and portable toilets cleaned, attend to drinking water (', and supplies. B. Trash, construction debris, and mud shall not be allowed to accumulate ran anywhere on the project, whether in the building, on the grounds, in the adjacent areas, or on the streets serving as delivery and haul-off routes for the work of this project. !ink, C. This project requires a thorough cleaning of all affected areas at least once a week, more frequent cleaning as may be directed. efah, 1.07 SITE AND AREA MAINTENANCE: ANN A. The Contractor shall erect erosion control at the perimeter of the site and otherwise control migration of construction debris and dirt to public areas adjacent r"'+ to the project site. 1.08 NOISE CONTROL: A. Equipment locations and timing or sequence of work operations shall be coordinated so as to not conflict with the continuing use of adjacent reN buildings and/or create any unnecessary interference with other building r1 occupants. • ri' 1.09 ENVIRONMENTAL PROTECTION PROCEDURES: ribs A. See Section 01800-Asbestos Exclusion SPECIAL CONDITIONS 00800- 1 (lb` ) • 1.10 MATERIALS ON HAND: A. Upon receiving a letter to precede the contractor will purchase and store major items for the project. The items to be stored are as follows: >> 1. Mechanical equipment 2. Plumbing equipment 3. Electrical fixtures 4. Roofing materials 5. Sheathing - B. The materials and equipment stored will be indicated on the first request for payment,•listed under the column of stored materials. - '�1 n ) • SPECIAL CONDITIONS 00800-2 `"1 J n SECTION 00813 (716 WAGE SCALE FOR BUILDING 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 (' Exhibit"A" 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 building construction is to be applied to work on a building including an area (7k' within five(5)feet of the exterior wall. END OF SECTION tom' (4161 r, ram', ANN mks L_ • rob, ("' �!q WAGE SCALE FOR BUILDING CONSTRUCTION 00813-1' • - r''` SECTION 01140 �•, WORK RESTRICTIONS 1.01 RELATED DOCUMENTS _ Drawings and general provisions of the Contract, including General and Special Conditions and other Division 1 Specifications, apply to this Section. • 1.02 USE OF PREMISES A. Use of Site: Limit use of premises to work in areas indicated. Do not disturb portions of site beyond areas in which the Work is indicated. B. Limits: Confine construction operations and'all personnel to specific areas of work C. Owner Occupancy:Allow for Owner occupancy and use of site and building. A.►, D. Driveways and Entrances: Keep driveways and entrances serving premises clear and available to Owner, the general public, and emergency vehicles at all times. rat‘ E. Do not use these areas for parking or storage of materials. CaN 1. Schedule deliveries to minimize use of driveways and entrances. 2. Schedule deliveries to minimize space and time required for storage of materials and equipment on site. 1.03 OCCUPANCY REQUIREMENTS A. Full Owner Occupancy: Owner will occupy portions of the building during project. Cooperate and coordinate with Owner during renovation operations to minimize conflicts and facilitate Owner usage. Perform the Work so as not to interfere with Owner operations. B. Maintenance of Operations:. 1. Maintain utility services to building(s) during renovation: Provide temporary lines and connections 76 •• where required to maintain services. CPN 2. Notify Owner when working in areas where utility lines might be encountered. C. Owner reserves the right to occupy and to place and install equipment in completed areas of the building(s), before Substantial Completion, provided such occupancy does not interfere with the ("'+ completion of the Work. Such placement of equipment and partial occupancy shall not constitute acceptance of the total Work. r^ 1. Architect will prepare a Certificate of Substantial Completion for each specific portion of the Work to be occupied before Owner occupancy. 2. Obtain a Certificate of Occupancy from authorities having jurisdiction before occupancy. 3. Before partial occupancy, mechanical and electrical systems shall be fully operational, and required tests and inspections shall be successfully completed. 4. On occupancy, Owner will provide, operate, and maintain mechanical and electrical systems serving occupied portions of the building(s). - 5. On occupancy, Owner will assume responsibility for maintenance and custodial services for occupied portions of the building(s). lam`'' ram, ('.1' WORK RESTRICTIONS 01140-1 0—) 1.04 PROPERTIES OUTSIDE OF LIMITS OF CONSTRUCTION A. Altering the condition of properties adjacent to and along the limits of construction will not be permitted unless authorized by the Architect and property owner(s). B. Means, methods, techniques, sequences, or procedures which will result in damage to properties or improvements in the vicinity outside of the limits of construction will not be permitted. C. Any damage to properties outside of the limits of construction shall be repaired or replaced to the satisfaction of the Architect and at no cost to the Owner. 1.05 CLEAN-UP f 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. Promptly remove barriers, signs, and components of other control systems that are no longer being utilized. n D. Contractor shall formulate and implement a plan for the collection and disposal of waste materials on the Project Site which includes the following information: .? 1. Schedule for collection and inspection. y 2. Location of trash and waste receptacles. 3. Provisions for liquid waste and potential water pollutants material. 1.06 RESTORATION ,) Restore damaged permanent facilities to pre-construction conditions unless replacement or abandonment of facilities is indicated on the Plans. fl END OF SECTION WORK RESTRICTIONS 01140-2 SECTION 01200 �., MEASUREMENT AND PAYMENT PROCEDURES 1.01 SECTION INCLUDES ("s 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) tlIks 1.02 AUTHORITY r.."., 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 Architect / Engineer. (41, D Contractor shall provide necessary equipment, workers, and survey personnel as required by Architect/Engineer to verify quantities. 1.03 UNIT QUANTITIES SPECIFIED raIN 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 /'i, verified by Architect/Engineer shall determine payment as stated in Section 00700—General (w,, Conditions of Agreement. B If the actual Work requires greater or lesser quantities than those quantities indicated in Section ("1" 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. (AN 1.04 MEASUREMENT OF QUANTITIES � J 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. 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. (41' C Measurement by Area: Measured by square dimension using mean length and width or radius. (`'" MEASUREMENT AND PAYMENT PROCEDURES 01200-1 2 D Linear Measurement: Measured by linear dimension, at the item centerline or mean chord. E Stipulated Price Measurement: By unit designated in the agreement. 2 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 2 cost for required Work. Claims for payment as Unit Price Work not specifically covered in Section 00300—Bid Proposal will not be accepted. 2 B Progress Payments for Unit Price Work will be based on the Architect's observations and ,.. evaluations of quantities incorporated in the Work multiplied by the unit price. 2 C Progress Payments for Lump Sum Work will be based on the Architect'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 Architect 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 2 Documents. ,..) B If, in the opinion of the Architect, it is not practical to remove and replace the Work, the Architect 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 Architect. 2. The nonconforming Work will be modified as authorized by the Architect, and the unit price will be adjusted to a lower price at the discretion of the Architect, if the modified Work is deemed to be less suitable than originally specified. 2 C Individual Technical Specifications may modify these options or may identify a specific formula or 2 percentage price reduction. -� D The authority of the Architect to assess the nonconforming Work and identify payment adjustment �1 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 Architect. 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. fl 5. Products remaining on hand after completion of the Work, unless specified otherwise. 6. Loading, hauling, and disposing of rejected products. 2 END OF SECTION 2 MEASUREMENT AND PAYMENT PROCEDURES 01200-2 -SECTION 01500 TEMPORARY FACILITIES ,PART 1 -GENERAL 1.01 GENERAL A. Work includes all labor, material, equipment and services necessary to furnish, erect and maintain temporary facilities and perform temporary work required in the performance of the contract. B. Maintain temporary facilities in a proper, safe operating and sanitary condition for the duration ofthe contract. Upon completion of the contract, remove all temporary facilities from the premises. C. Comply with all requirements of the Contract. ('"'` 1.02 MAINTENANCE AND REMOVAL ram, A. Temporary Telephone Service cost will be borne by Contractor. Contractor shall install and (10 make readily available for the use of the Contractor, subcontractors, Architect/Engineers, and trades employed on the work. Toll and long distance calls shall be made only under raharrangements with the Contractor, who shall be responsible for the collection and payment of all charges in connection therewith. B. Water required in the performance of the Contract will be obtained from the Fire Station's AL, existing water system. The contractor shall furnish and install (if required), all main, laterals, branch lines, and service pipings and fittings to supply temporary water in sufficient quantity at required locations of the building, and shall bear costs of making service connections at approved locations. Temporary connections and piping shall be removed and all openings closed in an acceptable manner at the end of the work. C. Temporary electric service required in the performance of the Contract will be arranged by the General Contractor, using the Owner's existing service. The Owner will not charge the General Contractor for temporary power. A"+ D. The Contractor shall provide portable toilets, regularly serviced and located as directed by the Architect or Owner's Representative. E. The Contractor shall erect temporary closures over openings when weather conditions render ra►, such action necessary for proper installation of any portion of the work. F. Work in place that is subject to injury, because of operations being carried adjacent thereto shall be covered, boarded up, or substantially enclosed with adequate protection. Permanent openings used as thoroughfares for the introduction of work and materials to the structures shall have heads,jambs and sills well blocked and boarded. All forms of protection shall be constructed in a manner such that, upon completion, the entire work shall be delivered to the owner in proper, whole and unblemished condition. PAW'. G. The Contractor shall provide and maintain fire extinguishers, fire hoses and other equipment as necessary for proper fire protection during construction. Such equipment is to be used for fire protection only. 4"0o H. No signs will be permitted on this Project except the project sign, identifying captions over offices, certain directional signs and warning signs required for safety and protection. The Contractor shall take all necessary steps to prevent installation of all unauthorized signs, and r".'N should any appear, the Contractor shall cause them to be removed immediately, and repair and repaint all damage caused thereby without additional cost to the owner. I. The Contractor shall furnish, erect and maintain for the duration of work as required, all ,sx, scaffolds, runways, guard rails, platforms and similar temporary construction, as may be necessary for the performance of the contract. Such facilities shall be of type and arrangement ram, as required for their performance of the contract. Such facilities shall be of type and arrangement as required for their specific use: shall be substantially constructed throughout, righ` strongly supported, and well secured, and shall comply with all applicable rules and regulations of applicable, State, National and Local Codes. J. The Contractor may use whatever hoists or elevators for transportation of materials, etc., and shall be responsible for the safe use and removal thereof. K. All temporary buildings shall be painted, and maintained (repainted as necessary), in a neat, orderly appearance for the duration of the work. rub.' ("'+ TEMPORARY FACILITIES 01500-1 r"+ L. Temporary office facilities, toilets, storage sheds, and the construction of temporary nature shall be removed from the site as soon as, in the opinion of the Architect, the progress of the work will !--f permit, and the portions of the site occupied by same shall be properly reconditioned and restored to a condition acceptable to the Architect. END OF SECTION fl ti • fl fl fl n fl • 1 fl J • 1 '"1 i TEMPORARY FACILITIES 01500-2 f� (11 (°' SECTION 01700 PROJECT CLOSEOUT 1.01 GENERAL A. Conditions of the Contract and Section 1 apply to all work of these Specifications. B. Comply with all requirements of the Contract, send notices, furnish Certificates, affidavits, and other requirements to complete Contract. 1.02 SUBSTANTIAL COMPLETION A. When the project, or specified area of the project, has reached Substantial Completion as defined in General Conditions, send written notice to the Architect. B. Contractor and Architect and Owner will make a preliminary inspection to determine the status CIPN of completion, and Contractor shall prepare a combined list of items requiring completion or correction for the use of the Contractor. C. If the Architect should not concur in the Contractor's claim of Substantial Completion, he shall notify Contractor, who shall send a second notice at an appropriate time of completion. D. Architect will then make an inspection together with Owner's Representative. E. If the building is Substantially Complete, as determined by the Architect, the Contractor will �., prepare a Certificate of Substantial Completion AIA Document G704, for the approval and acceptance of the Owner and Architect accompanied by a list of items to be completed, ("'6' prepared by the Contractor and approved by the Architect. 1.03 GUARANTEES, INSTRUCTIONS, SCHEDULES A. Instruct Owner's Representative in the operation of mechanical, electrical and other systems. f' B. Deliver keys to Owner with keying schedule, master, sub-master, special keys. Obtain receipt. C. Deliver to Architect written guarantees prepared in duplicate, certificates of inspections, bonds, for his review and delivery to Owner. 1.04 MAINTENANCE MANUAL: (COLLECTED AND BOUND) rwihN A. Furnish three (3)full and complete sets of drawings and maintenance manuals for all equipment furnished in the work, certified by the manufacturer, to the Owner by the Contractor at the termination of work. B. Furnish to the Owner any and all special tools as may be supplied by the manufacturer for the maintenance of any equipment supplied in the work. C. Furnish to the Owner a complete list of spare parts of all equipment supplied in the work, certified by manufacturer, including model number and serial number of such equipment. 1.05 RECORD DRAWINGS, AS BUILT DRAWINGS f", A. Contractor shall provide two (2) sets of As-Built Prints which shall clearly show all differences between the Contract Drawings and as installed for all concealed work, as well as work added to the Contract which is not indicated on the Contract Drawings. ►, B. Concealed work shall mean work installed underground or in an area which cannot be readily inspected by use of access panels, inspection plates or other removable features. P""' C. Contractor shall maintain a set of Record Prints at the job site. These shall be kept legible and current and shall be available for inspection at all times by the Architect. All changes in the Contract work, or work added, shall be shown on these Record Prints in a contrasting color. D. Record Prints shall be maintained for all phases of work, including Architectural, Structural, Plumbing, Electrical, Mechanical. E. Upon Substantial Completion of the Project work, the Record Prints shall be submitted to the �.. Architect for review. All prints shall contain the name, address and phone number of the Contractor and shall be signed by the Contractor. ("'` F. Upon review, the Architect shall accept or reject the As-Built Prints. Acceptance of As-Built Prints is a prerequisite for Final Payment; however, responsibility of completeness and accuracy CaiN PROJECT CLOSEOUT 01700-1 fl of As-Built drawings lies with the General Contractor. fl 1.06 OWNER'S INSPECTION A. The Owner's Representative or the Architect shall have the opportunity to inspect all plumbing piping which will be in the ground or concealed from view when the project is completed. It is the responsibility of the Contractor to see that the Architect is notified at least 24 hours before covering up pipes. B. The Owner's Representative or the Architect shall have the opportunity to inspect. Upon 'l completion of the project and before final acceptance is made, the plumber will rod out all sanitary sewer lines to see that they are completely clean. This is to be done in the presence of the Owner's Representative or the Architect and to their satisfaction. 1.07 FINAL INSPECTION A. Notify Architect when project is finally complete, and above requirements have been met. 1.08 INSTRUCTION PERIOD A. To instruct Owner's personnel on operation of all equipment. 1.09 RELEASE OF LIENS A. Deliver to Owner a blanket Release of Liens, AIA Document G706, covering all work under the Contract, including all Subcontractors and duly notarized, also similar Release of Liens from major Subcontractors and major Vendors. 1.010 FINAL PAYMENT A. Submit final Application for Payment after elapse of time stipulated, indicate adjustment of accounts including original contract sum, additions and deductions as included on Change Orders, deductions for uncorrected work, deductions for liquidated damages, etc. B. Submit Consent of Surety Company to Final Payment, AIA Document G707. C. Architect will issue final Certificate for Payment, after approval of final application. 1.011 GUARANTEE A. The General Contractor shall guarantee his work for a period of one year from the date of Substantial Completion and Occupancy by the Owner and shall leave the work in perfect order at completion. Neither the final Certificate for Payment or payment of the same, nor provisions in the Contract Documents shall relieve the Contractor of the responsibility for negligence of faulty materials or defects due thereto and pay all expenses for any damage to other work resulting therefrom. This guarantee of work shall be covered by a Surety Bond for like period of time. This shall not relieve the Contractor of obligations of any work not according to plans and specifications regardless of time and discovery. 1.012 GUARANTEE INSPECTION n A. Prior to the expiration of the basic guarantee period, the Architect will make a visual inspection -� of the Project, accompanied by the Contractor, to see if any work is needed to make good on guarantee. B. The Contractor shall execute promptly such corrective measures as are required to eliminate deficiencies under the guarantee. END OF SECTION fl fl PROJECT CLOSEOUT 01700-2 n SECTION 01800 ASBESTOS EXCLUSION rik 1.01 DESCRIPTION: �► This section excludes asbestos from the Contract and prohibits furnishing, demolishing or any other handling of materials containing asbestos. 1.02 MATERIALS: �,. A. New Material: It is intended that the Drawings and Specifications do not include or permit use of any product or material containing asbestos. If any product containing asbestos has been named (4°N inadvertently, the provision requiring or permitting that product is null and void. That product shall not be brought to the job site. An equivalent product not containing asbestos, approved by the Architect, shall be substituted. r�1 B. Existing Material: If existing material containing asbestos is discovered during the progress of the rook work, the Owner, Architect and Contractor shall be notified immediately and all work involving �► contact, handling, or processing of such material shall be stopped. (4161 1,0N 1.03 REMOVAL BY OTHERS: ( '` If material containing asbestos must be removed or handled in any way to permit the Work of this (a, Contract to be accomplished, it is understood that the Owner will make separate arrangements completely unrelated to this Contract to remove or handle any such material containing asbestos. No personnel involved in the Work of this Contract shall be present or exposed to any hazard during such asbestos removal. e", END OF SECTION eloN /'A vim+ ('IN /"t ASBESTOS EXCLUSION 01800- 1 l f EXHIBIT"A" PREVAILING WAGE RATE SCHEDULE City of Pearland, Texas Building Construction Crafts rob, CLASSIFICATION HOURLY RATE ''' Air Conditioning Mechanic $ 11.60 Bricklayer 11.15 Carpenter 11.60 Ceiling System Installer 9.50 Cement Finisher 10.50 Drywall Hanger 9.20 111h, Electrician 12.10 Electrical Installer • 9.20 Equipment Operator r"°' Heavy 10.55 ("k _ Light 7.60 Truck Driver 7.40 Mechanic 7.75 °'� Floor Layer rok Hard 7.40 Soft 8.70 Glazier 11.40 Insulator 11.60 rok Iron Worker 04111, Structural 11.00 Reinforced Bar 9.40 ro+ Lather 12.50 1Labor, General 7.40 rob, 'Painter 9.35 rob, Plasterer 12.45 Plumber-Pipefitter 12.10 Roofer 7.90 0", Sheetmetal Worker(Interior) 11.05 rob, Tile&Marble Setters 12.05 NOTE: The above stipulated wages are for Journeymen. All apprentices and helpers paid a minimum of 50% of the Journeyman wages. Clk ra � l r*� Exhibit"B" NOTICE TO PROCEED FOR CONSTRUCTION CONTRACT la* f tom' C"' Re: Fire Station No. 1 and No.4 City of Pearland,Texas COP PN: F21072 Bid No: 1008-001 Dear[Insert Salutation], You are hereby notified to Proceed with the Work of the Contract for the above referenced Project. By agreement, the date of commencement of the work (Start Date) shall be . Substantial Completion of the Work, as defined in Article 1 of the General Conditions, shall be achieved within sixty (60)calendar days, per Article 3 of the Agreement and Final Completion and ready for Final Payment (f"' within ninety(90) days. Article 3 of the Agreement also provides for an assessment of the sum of$500.00 (Five Hundred) per day as liquidated damages for each day that expires after the time specified for Substantial Completion and $500.00 (Five Hundred)dollars per day for each day that expires after the time specified in the Certificate of Substantial Completion for completion and readiness for Final Payment. The City has assigned the Project Number CPO PN: F21072 to this work. Please reference that on all correspondence pertaining to this project. The Purchase Order Number# and Account No. have been issued to this contract and must be referenced on all Pay Applications f+, for the work. (941 Please return an acknowledged copy of this Notice to Proceed to me at the Pre-Construction meeting currently scheduled for at in the Second floor (46' Conference Room at City Hall. CvN I look forward to working with you on this project. Please call me at 281-652- if you have any questions. Sincerely, rats , Project Manager City of Pearland • riN Exhibit B (16•' NOTICE TO PROCEED, 1 n Attachment: ACCEPTANCE OF NOTICE TO PROCEED ACCEPTANCE OF NOTICE TO PROCEED fl fl Project No CPO PN: F21072 (7) Fire Station No. 1 and No. 4 Contractor: Notice to Proceed: Start Date Contract Time: Substantial Completion 60 (sixty) Calendar Days, Final Completion, 90 (ninety) Calendar Days, J Receipt of the foregoing Notice to Proceed is hereby acknowledged, understood and agreed to by: (Name) (Title) (Contractor) this day of , 2007 Exhibit B NOTICE TO PROCEED 2 fl n E t CIN CITY OF PEARLAND it.. PROJECTS DEPARTMENT (--% � , r TTT��...�"�"�"""" ._ Exhibit "C" 3519 Liberty Drive ��dHPearland,Texas 77581 A 1 �r t- k CHANGE ORDER ,NojoT� !../ For Fire Station No. 1 and No. 4 Date of Issuance: Change Order No: ( Contractor: CoP Project No: F21072 11,,, Architect/Engineer: PO#: ("N Explanation: (7 This change order encompasses the following: ( Description of Work Cost Time (ib+ 1. $ Days 2. $ Days 3. $ Days eft, Please attach back-up documentation Cost&Time Change Summary: . Cost Time Original Contract: $ Days ow, Previous Change Order(s): $ Days Contract prior to this change order: $ Days Net increase (decrease)from this change order: $ Days o•, Revised Contract: $ Days 7 Finance Approval: Date: !( Finance Director ob., RECOMMENDED: By: Date: By: Date: (1161 Design Architect/Engineer Construction Manager ram, ACCEPTED*: APPROVED: By: Date: By: Date: (7 Contractor Owner (lb' *Contractor agrees to perform change(s) included in this Change Order for the price and time indicated. The prices for changes included all costs associated with this Change Order. No work is to be done until this change order is executed. No payment to the Contractor(or Consultant) shall be made for work included in the change order until the Contractor's pay estimate is updated. (411.1 Revise the project plans and specifications as referenced and insofar as the original project drawings and specifications are inconsistent, this Change Order governs. Upon execution by all parties, the following changes identified for the contract value and/or contract time shown, are made part of the contract. i Oh, `--- Cub' CIIIN Exhibit"C" ("I" Change Order Cll." 1 ('� CIN C1'` Exhibit"D" Notice of Completion Project Title: Fire Stations No. 1 and No. 4 Owner: City of Pearland, Texas Contractor: Date of Substantial Completion: The work performed under this contract has been inspected by authorized representatives of the Owner and Contractor, and the Project is hereby accepted by the Owner and declared to be CIN Substantially Completed on the above date. DEFINITION OF SUBSTANTIAL COMPLETION OF THE WORK ,\ The term "substantially completed," as used in this Contract, means that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but shall require minor miscellaneous work and adjustment. (00700 1.09) C Cul, A list of all items remaining to be completed or corrected is appended hereto. All such work shall be completed or corrected to the satisfaction of the Owner within 30 calendar days after the (lk^' above Substantial Completion date; otherwise, the Contractor does hereby waive any and all claims to all monies withheld by the Owner under the contract to cover the value of all such uncompleted or uncorrected items. r., BY Architect Authorized Representative Date The Contractor hereby accepts the above Notice of Completion and agrees to complete and correct all of the items on the appended list within 30 days or waives any and all rights to any ,, monies withheld therefore. BY Contractor Authorized Representative Date The Owner accepts the Project as substantially complete and will assume full possession of the ribs Project at 5:00 p.m. on . The responsibility for utilities, security, and insurance under the Contract Documents will be assumed by the Owner after the aforementioned date. rib, BY Owner Authorized Representative Date r o.46 l Exhibit"D" Notice of Completion 1 C C141 Cite 0'1W (4,4S 4440 „sr Exhibit"E" CERTIFICATE OF FINAL COMPLETION AND ACCEPTANCE Cb" [Date] Fire Stations No. 1 and No.4 City of Pearland,Texas (41 Project No. COP PN: F21072 (1w, OWNER: City of Pearland CONTRACTOR: [Company's Name] 3519 Liberty [Street Address] Pearland, Texas 77584 [City], [State] [Zip Code] A Final Completion inspection of the captioned project was conducted on [Date], and the work was found to be complete in accordance with the Plans and Specifications, and in accordance with the agreement made between the City of Pearland and . The City of Pearland accepts the work of this contract as complete and final. In accordance with the terms and conditions of the Contract, the Contractor is notified that the required Maintenance Bond shall remain in effect for a period of one year from the date of Substantial Completion in this instance CIP6 The City shall conduct a One Year Walk-through on or before the anniversary date of the substantial (''"‘ completion of the project and shall generate a list of all non-conforming work requiring correction at that time. The contractor shall attend this Walk-through and receive this list and correct all items within thirty days, or as otherwise agreed, per the terms of the original contract. Approved for Owner: Recommended by Architect/Engineer: CITY OF PEARLAND By: By: Date: Date: Approved for Contractor: Recommended by Construction Manager: By: By: Date: Date: C ram, S (IN TECHNICAL rebt 01161 MI, SPECIFICATIONS 4111 1, (ay SECTION 03300 CAST-IN-PLACE CONCRETE (116` PART 1 -GENERAL '' 1.00 GENERAL COMMENTS: A. The general and special conditions of these specifications shall both be considered as a part of this section insofar as they may be termed applicable whether attached or not. ras B. Cooperation by the contractor for work of this section of the specifications with all other trades is mandatory, so that all phases of the work.may be properly coordinated without delays or damage ( to any parts of any work. C. The contractor shall provide all items, materials, operations listed or scheduled on the drawings ' and/or herein, including all labor, materials, equipment and incidentals necessary for their (.. completion. (IN 1.01 SUMMARY 011, A. Provide cast-in-place concrete for general building construction, including without limitation: 1. Piers and foundations. 2. Slab on grade. 3. Requirements (materials, mixes, finishes) apply to concrete work specified in other sections, such as sidewalk paving and curbs. I+� 1.02 SUBMITTALS (7` A. Submit for approval shop drawings, product data, mix design proposed for use, mock-ups, test ("IN reports. 1.03 QUALITY ASSURANCE ` A. Comply with governing codes and regulations. Provide products of acceptable manufacturers ('s which have been in satisfactory use in similar service for three years. Use experienced installers. Deliver, handle, and store materials in accordance with manufacturer's instructions. f,. B. Testing: Employ an independent testing agency acceptable to Owner to design concrete mixes and to perform material evaluation tests. Provide 7 and 28 day cylinder tests. Comply with ASTM C-143, C-173, C-31 and C-39. In lieu of tests provide prior test reports per structural tabdrawings. ra,, C. Standards: 1. ACI 301, Specifications for structural Concrete for Buildings. 2. ACI 318, Building Code Requirements for Reinforced Concrete, and_ CRSI Manual of Standard Practice. r*►, D. Testing: Independent testing laboratory. {"iN E. Floor Flatness and Levelness Tolerances: 1. Subfloors Under Materials Such as Concrete Toppings and Ceramic Tile: 1/8" in 10'-0" 2. Exposed Concrete Floors and Subfloors Under Materials Such as Vinyl Tile, Paint, and (*IN Carpet: 1/8" in 10'-0" f41"+ f'q fla'' CAST-IN-PLACE CONCRETE 03300- 1 fl PART 2 - PRODUCTS 2.01 MATERIALS A. Concrete Design Mixes, ASTM C-94, 28 Day Compressive Strength per structural drawings. fi B. Formwork: Plywood or metal panel formwork sufficient for structural and visual requirements. C. Reinforcing Materials: 1. Reinforcing Bars: ASTM A-615, Grade 60, deformed 2. Steel Wire: ASTM A-82 3. Steel Wire Fabric: ASTM A-185, welded 4. Steel Wire Fabric: ASTM A-497, deformed Am D. Concrete Materials: ASTM C-150, Portland Cement; potable water. f 1. Normal weight aggregates, ASTM C-33 2. Fly Ash: ASTM C-618, Type F E. Concrete Admixtures: 1. Air-Entraining Admixture: ASTM C-260, for exterior exposed concrete and foundations exposed to freeze-thaw.. 2. Water-Reducing Admixture: ASTM C-494, Type A, for placement and workability. • 3. High-Range Water-Reducing Admixture, Super Plasticizer: ASTM C-494, Type F or G for placement and workability. 4. Water-Reducing, Accelerating Admixture: ASTM C-494, Type E for placement and workability. fl • 5. Water-Reducing, Retarding Admixture: ASTM C-494, Type D for placement and workability. 6. Calcium Chloride not permitted. .� 7. Color Admixture: "Chromix"from L.S.A. Scofield &Co., ASTM C494. F. Auxiliary Materials: 1. Reglets: Galvanized sheet steel reglets, minimum 20 gauge. 2. Waterstops: Rubber or PVC waterstops 3. Vapor Retarder: ASTM E-154 polyethylene sheet, 8 mils. 4. Vapor Barrier: Premolded membrane, ASTM E-96, Method B, 0 vapor transmission rate. `3 5. Nonslip Aggregate Finish: Fused aluminum oxide granules or crushed emery. 6. Liquid Membrane-Forming Curing Compound: ASTM C-309, Type I, Class A 7. Water-Based Acrylic Membrane Curing Compound: ASTM C-309, Type I, Class B 8. Underlayment Compound: Free-flowing, self-leveling cement-based compound 9. Bonding Compound: Polyvinyl acetate or acrylic base. 10. Epoxy Adhesive: ASTM C-881, two component material G. Concrete Finishes For Formed Surfaces: 1. Surfaces Not Exposed To View: As-cast form finish. 2. Surfaces Exposed To View: Smooth rubbed finish. H. Concrete Finishes for Monolithic Slabs: 1. Scratch finish for surfaces to receive concrete floor topping or mortar setting bed. 2. Trowel finish for surfaces to be exposed to view or covered with resilient flooring, carpet, tile, or other thin finish system. 3. Trowel and fine broom finish for surfaces to receive thin-set ceramic or quarry tile. 4. Nonslip broom finish for exterior concrete platforms, steps, and ramps. 5. Nonslip aggregate finish for concrete stair treads, platforms, ramps, and sloped walks. fl CAST-IN-PLACE CONCRETE 03300-2 Am f PART 3- EXECUTION 3.01 INSTALLATION A. Comply with ASTM C-94. Do not change mix design without approval. B. Chamfer exposed edges/corners to provide straight lines. rab, C. Tolerance: Plus 1/8" in 10'-0"for grade, alignment, and straightness. D. Construction Joints: Use keyways, continue reinforcement through joint. E. Expansion Joints: For exterior work locate 30'-0" o.c. at approved locations. Provide smooth dowels across joint which permit 1" horizontal movement and no vertical shear movement. F. Control Joints: Provide sawn or tooled joints or removable insert strips; depth equal to.1/4 slab ram, thickness. . G. Slab Finishes: Obtain sample approval before beginning work. 1. Scratch: For surfaces to receive mortar setting beds or cementitious flooring materials. CaN 2. Trowel: Hard, smooth, uniform surface for areas to receive resilient flooring, carpet or other thin finish material. 3. Broom: After trowel finishing, roughen surface by fine brooming perpendicular to traffic direction for exposed exterior walks, steps and ramps. 4. Non-Slip Aggregate: After trowel finishing, uniformly trowel 25 lbs./100 sf of damp non- slip aggregate into surface. Cure, then rub lightly to expose aggregate. Use for interior exposed concrete stairs and ramps. 5. Hardener Finish: For exposed interior concrete floors. Follow manufacturer's instructions. H. Cure and protect work. Report defective work in writing. o r�•, END OF SECTION eisik elafts (1141 (1110. f4 CAST-IN-PLACE CONCRETE 03300-3 s SECTION 05400 COLD-FORMED METAL FRAMING �►, PART 1 -GENERAL ("`' 1.00 GENERAL COMMENTS: A. The general and special conditions of these specifications shall both be considered as a part of this section insofar as they may be termed applicable whether attached or not. B. Cooperation by the contractor for work of this section of the specifications with all other trades is mandatory, so that all phases of the work may be properly coordinated without delays or damage 104 to any parts of any work. C. The contractor shall provide all items, materials, operations listed or scheduled on the drawings C'N and/or herein, including all labor, materials, equipment and incidentals necessary for their completion. riw, 1.01 SUMMARY A. Provide cold-formed metal framing units: ribs 1. Interior load-bearing steel-stud walls 2. Exterior non-load-bearing steel-stud wind loaded walls 3. Steel roof framing 4. Interior non-load bearing partitions 5. Interior load bearing partitions (6",, 1.02 SUBMITTALS A. Submit for approval shop drawings, product data, engineering certification of deflection criteria. 1.03 QUALITY ASSURANCE A. Comply with governing codes and regulations. Provide products of acceptable manufacturers which have been in satisfactory use in similar service for three years. Use experienced installers. Deliver, handle, and store materials in accordance with manufacturer's instructions. B. Standards: AISI, Specification for Design of Cold-Formed Steel Structural Members. C. Deflection Criteria: L/600 for exterior masonry veneer. D. Fabrication Tolerances: 1/8" in 10'. E. Erection Tolerances: 1/16". F. General Building Code: IBC-2003 PART 2—PRODUCTS ' 1 2.01 MATERIALS A. Cold-Formed Metal Framing Materials: 1. Wall Framing: C-shaped load-bearing steel studs. 2. Joist Framing: C-shaped load-bearing steel joists. ribs3. ASTM A-446, yield point 33,000 psi minimum. 4. Finish: Galvanized, ASTM A 525, G60. B. Framing Accessories: 1. Supplementary framing. 2. Bracing, bridging, and solid blocking. 3. Web stiffeners. 4. Gusset plates. 5. Deflection track and vertical side clips. 6. Stud kickers and girts. 7. Joist-hangers and end closures. 8. Reinforcement plates. f4"N 9. Anchors, clips, and fasteners.ribs COLD-FORMED METAL FRAMING 4.+. 05400- 1 PART 3- EXECUTION 3.01 INSTALLATION A. Install materials and systems in accordance with manufacturer's instructions and approved submittals. Install materials and systems in proper relation with adjacent construction. Coordinate with work of other sections. B. Comply with requirements of ASTM C 1007 for installation of steel studs and accessories and Metal Lath/Steel Framing Association Lightweight Steel Framing Systems Manual. C. Restore damaged components. Protect work from damage. END OF SECTION fl fl I fl I n n 1 1 ram) 1 COLD-FORMED METAL FRAMING 05400-2 f C' SECTION 06100 rf'" ROUGH CARPENTRY PART 1 GENERAL /461 1.00 GENERAL COMMENTS: r`p' A. The general and special conditions of these specifications shall both be considered as a part of ��►, this section insofar as they may be termed applicable whether attached or not. B. Cooperation by the contractor for work of this section of the specifications with all other trades is r'°{ mandatory, so that all phases of the work may be properly coordinated without delays or damage to any parts of any work. C. The contractor shall provide all items, materials, operations listed or scheduled on the drawings ra, and/or herein, including all labor, materials, equipment and incidentals necessary for their completion. �,,,� 1.01 SUMMARY: ALL CONSTRUCTION TO STANDARDS OF IBC-2003 A. Provide rough carpentry: Fes' 1. Stud wall, ceiling &floor framing at tie-ins and other remodeling areas 2. Platform framing mechanical mezzanine , _ 3: Centering of openings �., 4. Blocking for other trades 5. Grounds, bucks,screens, ladders, runways, walls, etc. 6. Supply and installations of rough hardware 7. Nailers at structural steel rrihN 8. Plywood decking ,e‘16, 9. Plywood sub-flooring rib 1.02 SUBMITTALS A. Submit for approval product data. F"\ 1.03 QUALITY ASSURANCE A. Comply with governing codes and regulations. ,Provide products of acceptable manufacturers which have been in satisfactory use in similar service for three years. Use experienced (4", installers. Deliver, handle, and store materials in accordance with manufacturer's instructions. B. Lumber Standards and Grade Stamps: U.S. Product Standard PS 20, American Softwood Lumber Standard and inspection agency grade stamps. C. Construction Panel Standards: PS 1, U.S. Product Standard for Construction and Industrial Plywood; APA PRP-108. D. Preservative Treatment: AWPA C2 for lumber and AWPA C9 for plywood; waterborne pressure treatment. Provide for wood in contact with soil, concrete, masonry, roofing, flashing, oft` dampproofing and waterproofing. (4", PART 2 - PRODUCTS 2.01 MATERIALS r's"', A. Dimension Lumber: 1. Treated Wood: "Preserve" treated No. 2 SYP.(U.N.O. on drawings) (116" a. This lumber shall be given a pressure treatment of ACQ non-arsnic pressure treatment in accordance with the published standard method of procedure of raN American wood preservers association. b. The amount of preservative shall be 0.25 LB/CF for above ground and 0.40 LB/SF ground contract. Field paint ends where cut. 2. Untreated blocking and nailers: No. 3 grade or better. a. Species: Southern Yellow Pine or Fir. b. Moisture Content: 19 percent on air dried, 15 percent on kiln dried F" ROUGH CARPENTRY r;;,, 06100- 1 B. Construction Panels: 1. Wall Sheathing: CDX plywood or OSB sheathing for exterior applications per drawings. 2. Roof Sheathing: APA Span rated plywood for exterior applications per drawings. 3. Floor sheathing: APA span rated plywood panels. Grade &Thickness per drawings. C.Auxiliary Materials: 1. Air Infiltration Barrier @ brick and metal: Tyvek"Stucco-Wrap" per Section 07270 2. Framing Anchors and Fasteners: Non-corrosive, suitable for load and exposure. Drywall ) screws are not acceptable. 3. All hardware including nails, screws,joist hangers, bolts, anchor bolts, and all other material to complete the job. D. Rough Framing: .� 1. No. 2 kiln dried syp at all framing applications 2. Nails, screws and fasteners to be in compliance w/ 1 BC-2000 and shall be galvanized where exposed to weather PART 3- EXECUTION n 3.01 INSTALLATION ,. A. Plywood: 1. Comply with recommendations of APA Design and Construction Guide - Residential and Commercial. a. Roof Sheathing: 1). At rafter conditions — 3/4" APA panels rated for Exposure-1 — C face to roof and D face to attic. (a). Self tapping fasteners at 8" o.c. on edges& 12" intermediate. 2). At Metal decking condition — 3/4" APA panels rated for Exposure 1 — C face to roof and D face to interior spaces. (a). Self tapping fasteners at 6" o.c. on edges &8" o.c. intermediate b. Flooring: 1). At mechanical mezzanine use %" APA Span rated Plywood screwed and glued to framing. Fasteners to be 8" O.C. intermediate and edges. B. Provide nailers, blocking and grounds where required. Set work plumb, level and accurately cut. C. Install materials and systems in accordance with manufacturer's instructions and approved Th submittals. Install materials and systems in proper relation with adjacent construction. Coordinate with other work. D. Comply with manufacturer's requirements for cutting, handling, fastening and working treated materials. `� E. Restore damaged components. Protect work from damage. fl END OF SECTION • ROUGH CARPENTRY 06100-2 C SECTION 06402 C INTERIOR ARCHITECTURAL WOODWORK PART 1 -GENERAL 1.00 GENERAL COMMENTS A. The general and special conditions of these specifications shall both be considered as a part of Cm) this section insofar as they may be termed applicable whether attached or not. B. Cooperation by the Contractor for work of this section of the specifications with all other trades ('"Al is mandatory, so that all phases of the work may be properly coordinated without delays or damage to any parts of the work. f'' C. The Contractor shall provide all items, materials, operations listed or scheduled on the drawings and/or herein, including all labor, materials, equipment and incidentals_necessary for their completion. 1.01 SUMMARY A. Provide interior architectural woodwork: 1. Standing and running trim and rails. 2. Casework and countertops.(41 3. Hardwood paneling. 1.02 SUBMITTALS ` A. Wood samples of all species and sizes • B. Shop drawings C. One sample set of all hardware to be used in casework in specified finish. This sample will be returned on approval and may be used in the project. 1.03 QUALITY ASSURANCE A. Comply with governing codes and regulations. Provide products of acceptable manufacturers C' which have been in satisfactory use in similar service for three years. Use experienced installers. Deliver, handle, and store materials in accordance with manufacturer's instructions. B. Standards: Architectural Woodwork Institute (AWI) "Architectural Woodwork Quality Standards." C. Formaldehyde Emission Levels: 1. Medium Density Fiberboard: NPA 9 compliance. 2. Hardwood Plywood: HPMA FE compliance. (11 PART 2-PRODUCTS 2.01 MATERIALS A. Interior Standing and Running Trim and Rails: ;- C 1. Paint Grade solid wood or MDF 2. Stain Grade to be Clear White Oak hardwood, Stain finish: a. Paneling to be %4"Clear Red Oak plywood, Stain finish B. Interior Wood Casework: Opaque Finish 1. MDF board. C11' 2. Face Style: Flush, unless noted otherwise on drawings. (11", 3. Frame Fabrication: Frameless. . . C. Interior Wood Casework: Stain Finish 1. White Oak solid boards and plywood 2. Face Style:stile/rail and panels per drawings r'"A INTERIOR ARCHITECTURAL WOODWORK 06402- 1 C fl D. Interior Plastic Laminate Clad Casework: 1. Laminate: High pressure decorative laminate, NEMA LD-3. r^i 2. Grade: Premium. 3. Face Style:. Flush. 'l 4. Fabrication: a. Panel stock shall be 3/4"thick(45 psi) MDF on doors and-on countertops unless otherwise noted. All exposed exteriors and tops of shelves shall be laminate finish. b. Cabinet back shall be 1/2" MDF rabbet into ends complete with 3/4"thick top and bottom rails. -, c. Drawers shall have 3/4" MDF thick fronts, mounted to Blum Metabox Full Extension Drawers. Drawer face to be laminate. d. Shelves shall be 3/4"thick (45 psi) MDF with plastic laminate on top and bottom face and exposed edge. e. Interior surfaces may be Melamine finish only if indicated on the detailed drawings. f. Splashes shall be finished with 1/16"thick plastic laminate Wilson Art, Formica or `hl equal on MDF board or directly mounted to gypsum board as per drawings. g. All cabinet doors to have laminate faces—all six sides over 3/4" MDF. E. Casework Hardware and Auxiliary Materials: 1. Hardware Standard: ANSI/BHMA A156.9. �? 2. Hardware Finish a. Pulls shall be 4" aluminum wire pulls. Color per Architect b. Hinges shall be Blum Modul 100 or equal. c. All shelving shall be adjustable on 2"centers using Blum supports. ,. F. Interior Plastic Laminate Clad Countertops: Wilson Art, Formica, Nevamar or equal. 1. Laminate: High pressure decorative laminate, NEMA LD-3. 2. Grade: Premium. 3. Core: Plywood or MDF Board. 4. Edge: Laminate. G. Auxiliary Materials: 1. Screws: FS FF-S-111. 2. Nails: FS FF-N-105. 3. Anchors: Type required for secure anchorage. H. Interior Solid Surfacing 1. AVonite"Studio Collection".—sheet product installed per details 2. Seamless installation to manufacturers tolerances. PART 3 - EXECUTION 3.01 INSTALLATION A. Provide work to sizes, shapes, and profiles indicated. Install work to comply with quality standards referenced. Conceal fasteners to the greatest extent practical. Install plumb, level and straight with tight joints; scribe work to fit. B. Install materials and systems in accordance with manufacturer's instructions and approved - submittals. Install materials and systems in proper relation with adjacent construction. Coordinate with work of other sections. C. Comply with manufacturer's requirements for cutting, handling, fastening and working treated materials. INTERIOR ARCHITECTURAL WOODWORK 06402-2 ,..' D. File all outside corners to a 1/16" radius. E. Repair any damage, clean and protect. (411 , END OF SECTION (1111. (1111.1 111 Pw`' INTERIOR ARCHITECTURAL WOODWORK 11‘, 06402-3 CaN SECTION 07195 ( SELF-ADHERING FLEXIBLE FLASHING PART 1 -GENERAL 1.00 GENERAL COMMENTS A. The general and special conditions of these specifications shall both be considered as a part ofthis section insofar as they may be termed applicable whether attached or not. B. Cooperation by the Contractor for work of this section of the specifications with all other trades rwa, is mandatory, so that all phases of the work may be properly coordinated without delays or damage to any parts of the work. C. The Contractor shall provide all items, materials, operations listed or scheduled on the drawings and/or herein, including all labor, materials, equipment and incidentals necessary for their completion. 1.01 SUMMARY /4"' A. Self-adhesive, elastomeric flexible flashing as shown on the drawings including but not limited to: 1. Aluminum and nail fin windows perimeter seal �,. 2. Sealing rough framing behind storefront and hollow metal door frame installations 3. Attachment of membrane flashing to sheathing and blocking 4. Attachment-of overlaps between vapor barrier and flashings 5. Sill flashing at windows 6. Head flashing at doors and windows r'a 7. Base flashing 8. Cap flashing ram, 1.02 WORK RELATED A. Section 06100— Rough Carpentry B. Section 07270—Weather Resistant Barrier C. Section 07415— Pre-finished Metal Trim rA., D. Section 09250—Gypsum Board Assemblies 1.03 REFERENCES A. ASTM D412—Vulcanized Rubber and Thermoplastic Rubbers and Thermoplastic Elastomers- Tension. rink B. ASTM E96-Test Methods for Water Vapor Transmission of Materials. oft, 1.04 SUBMITTALS riaN A. Product Data: Provide data for flexible flashing. B. Manufacturer's Installation Instructions: Indicate special procedures and conditions requiring special attention, including temperature range for application. egial 1.05 QUALITY ASSURANCE A. Applicator: Company specializing in performing the work of this section with minimum one year documented experience. roe. 1.06 ENVIRONMENTAL REQUIREMENTS A. Do not apply flexible flashing when ambient temperatures are at or below 45 degrees F (5 degrees C)for 24 hours before application. Apply primer below 45 degrees F (5 Degrees C) SELF-ADHERING FLEXIBLE FLASHING 07195- 1 fl B. Do not allow flashing to remain exposed longer than three weeks. PART 2- PRODUCTS 2.01 MATERIALS A. Protecto Wrap Co. 2255 South Delaware Denver Co. 80223 800-759-9727 �) B. Approved equal. Submit for approval in writing. 2.02 MEMBRANE MATERIALS l A. PF40—Wall flashing system (for use where 40 mil material is required) 1. Thickness: 40 mil '^? 2. Tensile Strength: 1400 psi 3. Width: Sized according to use B. BT20— Building wrap (for use where 20 mil material is required) 1. Thickness: 20 mil 2. Tensile Strength: 93 psi 2.03 ACCESSORIES: fl A. Primer: Asphalt based; no. 80 as manufactured by Protecto Wrap. PART 3 - EXECUTION 3.01 EXECUTION . A. Coordination and Meetings: Verification of existing conditions before starting work. B. Verify substrate surfaces are durable; free of matter detrimental to adhesion or application of .� flashing system. C. Verify items which penetrate surfaces to receive flashing are securely installed. 3.02 PREPARATION: A. Protect adjacent surfaces not designated to receive flashing. B. Clean and prepare surfaces to receive flashing in accordance with manufacturer's instructions. fl Surfaces are to be clean, C. Dry, and free of foreign matter. D. Do not apply flashing to surfaces unacceptable to manufacturer or applicator. fl 3.03 INSTALLATION: (Per architectural details) "Th A. Install flexible flashing to surfaces as shown on the drawings in accordance with manufacturer's instructions. B. Roll out flashing. Minimize wrinkles and bubbles. C. Remove release paper layer. Roll out on substrate with a mechanical roller to encourage full contact bond. D. Lap sides and ends in accordance with manufacturer's instructions. E. Overlap edges and ends minimum 4 inches (100mm). F. Apply flashing centered over horizontal joints in sheathing or insulation board. Apply flashing over vertical joints lapping horizontal flashing minimum 4 inches (100mm). G. Seal items protruding or penetrating through flashing. `l END OF SECTION , SELF-ADHERING FLEXIBLE FLASHING 07195 -2 n cT SECTION 07210 BUILDING INSULATION /SOUND INSULATION PART 1 -GENERAL (86' 1.00 GENERAL COMMENTS: A. The general and special conditions of these specifications shall both be considered as a part of this section insofar as they may be termed applicable whether attached or not. B. Cooperation by the contractor for work of this section of the specifications with all other trades is mandatory, so that all phases of the work may be properly coordinated without delays or (4'+ damage to any parts of any work. C. The contractor shall provide all items, materials, operations listed or scheduled on the drawings (116' and/or herein, including all labor, materials, equipment and incidentals necessary for their' ("INcompletion. ("s 1.01 SUMMARY: A. Provide building insulation and vapor retarders: 1. Thermal insulation in exterior walls, blanket type. (Un-faced) 2. Thermal insulation at underside of roofs, over heated spaces and over soffits, blanket , type. (Un-faced) 3. Sound insulation as described on finish schedule (Un-faced) 1.02 SUBMITTALS A. Submit for approval product data, test reports. 1.03 QUALITY ASSURANCE A. Comply with governing codes and regulations. Provide products of acceptable manufacturers which have been in satisfactory use in similar service for three years. Use experienced installers. Deliver, handle, and store materials in accordance with manufacturer's instructions. r.►, PART 2 - PRODUCTS 2.01 BLANKET & BATT MATERIALS 001 A. Type: Glass fiber or mineral slag fiber, ASTM C 665, Type I B. Locations and R-Values: 1. R-19 in all ceiling areas as shown on drawings. (Un-faced) 2. R-19 in 6"exterior walls. (Un-faced) „� 3. R-19 in all interior walls as noted on finish schedule. (Un-faced) 4. R-19 at the roof plane as indicated on the drawings. (Un-faced) r"+ C. Accessories: 1. Adhesives and mechanical anchors and clips. 2. Crack sealers and tapes. r� ('4", PART 3- EXECUTION 3.01 INSTALLATION A. Install materials and systems in accordance with manufacturer's instructions and approved submittals. Install materials and systems in proper relation with adjacent construction. Coordinate with work of other sections. Provide full thickness in one layer over entire area, tightly fitting around penetrations. BUILDING INSULATION/SOUND INSULATION ' 07210- 1 B. Batt insulation, horizontal or vertical: Retain by galvanized hexagonal mesh or 18 ga. wires not over 12" apart. Snuggly fit and permanently retained. END OF SECTION -� fl '!1 fl ) fl rl H BUILDING INSULATION /SOUND INSULATION '") 07210-2 c' ram. (4'1' SECTION 07260 (., FIRESTOPPING PART 1 -GENERAL r..,, 1.00 GENERAL Cab' A. The general and special.conditions of these specifications shall both be considered as a part of this section insofar as they may be termed applicable whether attached or not. B. Cooperation by the Contractor for work of this section of the specifications with all other trades f"N is mandatory, so that all phases of the work may be properly coordinated without delays or damage to any parts of the work. C. The Contractor shall provide all items, materials, operations listed or scheduled on the drawings r,►, and/or herein, including all labor, materials, equipment and incidentals necessary for their completion. rA°+ 1.01 SUMMARY ,.1, A. Provide firestopping at the following locations: 1. Penetrations through fire-resistance-rated walls and partitions. (11' 2. Sealant joints in fire-resistance-rated construction. miN 3. Fire safing at fire doors and rated walls 4. Draft stops as required to meet NFPA 13 fully sprinklered building. riba 1.02 SUBMITTALS ,+w, A. Submit for approval product data, test reports. 1.03 QUALITY ASSURANCE risk A. Comply with governing codes and regulations. Provide products of acceptable manufacturers r+, which have been in satisfactory use in similar service for three years. Use experienced installers. Deliver, handle, and store materials in accordance with manufacturer's instructions. B. Fire Performance: ASTM E 119, ASTM E 814, and local regulations. rubs PART2 - PRODUCTS `O 2.01 MATERIALS oral A. Through-Penetration Firestop Systems: Subject to compliance with requirements, provide systems designed for use required, of one or more of the following types: (oh, 1. Endothermic, latex sealant and compounds. 2. Intumescent latex sealant, putty and wrap strips. re% 3. Job-mixed vinyl compound. 4. Mortar. °a' 5. Pillows/bags. ("hi 6. Silicone foams and sealants. B. Fire-Resistive Elastomeric Joint Sealants: !°"4 1. Single-component, neutral-curing, silicone sealant. 2. Multi-component, nonsag, urethane sealant. 3. Single-component, nonsag, urethane sealant. (AN C. Draft stops as required to meet NFPA 13 fully sprinklered building: 1. 1/2"gypsum board to wood framing. FIRESTOPPING fir, 07260- 1 fl PART 3- EXECUTION fiTh.1 3.01 INSTALLATION A. Review extent of work with authorities having jurisdiction and obtain approval of installation thicknesses and methods. B. Sequence work to avoid need for removal of firestopping by work of other trades. C. Comply with manufacturers' instructions and recommendations. Securely anchor insulation with safing clips. Install firestops without gaps or voids. D. Protect, inspect and repair work until final acceptance. END OF SECTION n I FIRESTOPPING 07260-2 �1 CIN (1.4` SECTION 07270 l""t F WEATHER RESISTANT BARRIER PART 1 -GENERAL 1.00 GENERAL COMMENTS cah A. The general and special conditions of these specifications shall both be considered as a part of CIN this section insofar as they may be termed applicable whether attached or not. B. Cooperation by the Contractor for work of this section of the specifications with all other trades is mandatory, so that all phases of the work may be properly coordinated without delays or damage to any parts of the work. t_ C. The Contractor shall provide all items, materials, operations listed or scheduled on the drawings (161 and/or herein, including all labor, materials, equipment and incidentals necessary for their completion. 1.01 SUMMARY ;"+ A. Includes but not limited to 1. Furnish and install weather resistant barriers on exterior side of exterior wall sheathing as described in Contract Documents. 1.02 REFERENCES A. ASTM E-96-90, "Standard Test Methods for Water Transmission of materials." B. ASTM E-1677-95" Standard Specification of an Air Retarder(AR) Material or System for (INN Low—Rise Framed Building Walls". C. AATCC-127"Hydrostatic Head Test." �,. 1.03 SUBMITTALS A. Submit product data and test results. PART 2 - PRODUCTS (41\ 2.01 WATER RESISTANT BARRIER A. Spun-bonded olefin, non-woven, non-perforated. B. Performance Characteristics: - 1. ASTM E-1677 Type 1 Air Retarder: Air leakage at 25 MPH (75Pa)wind pressure of less �' than .06 cfm/ft2 �.., 2. Water Vapor Transmission of greater than 20 perms in accordance with ASTM E-96-90, Method B. 0"'1 3. Water penetration resistance of 200 cm minimum in accordance with AATCC-127. C. Approved Manufacturers: 1. Tyvek"Stucco wrap" by DuPont Company, Wilmington, DE. 2.02 SEALING TAPE/FASTENERS . rias A. Approved Tape Manufacturers: 1. DuPont Contractor Tape, by DuPont Company, Wilmington,DE. B. Recommended Fasteners for Steel Frame Construction: 1. Screws with washers. C. Recommended Fastening to Masonry: r'i", 1. Polyurethane or elastomeric adhesives. OIN WEATHER RESISTANT BARRIER 07270- 1 f1 PART 3 - EXECUTION 3.01 INSTALLATION A. Install in accordance with Manufacturer's instruction over exterior sheathing. Product must not be left exposed for longer than the maximum period recommended by the manufacturer. Seal fl joints and penetrations through weather resistant barrier with specified tape and fasteners prior to installation of finish material.-Air infiltration barrier shall be air-tight and free from holes, tears, and punctures. All window and door penetrations are to be taped per manufacturer instructions. B. Protect work from damage during construction. fl END OF SECTION fl fl fl f-. fl fl . fl fl f'1 WEATHER RESISTANT BARRIER ` I 07270-2 fl ("1"•' SECTION 07415 PREFINISHED METAL TRIM PART 1 -GENERAL (71 1.00 GENERAL COMMENTS A. The general and special conditions of these specifications shall both be considered as a part of "71 this section insofar as they may,be termed applicable whether attached or not. B. Cooperation by the Contractor for work of this section of the specifications with all other trades is mandatory, so that all phases of the work may be properly coordinated without delays or damage to any parts of the work. C. The Contractor shall provide all items, materials, operations listed or scheduled on the drawings and/or herein, including all labor, materials, equipment and incidentals necessary for their completion. 1.01 SUMMARY A. Installation of all breakmetal trim as per detail. 1. Trim at windows 2. Trim at fascia 114' 3. Gutters and downspouts. 4. Other areas per drawings. 1.02 RELATED WORK A. Section 07195—Self-Adhering Flexible Flashing B. Section 07270—Weather Resistant Barrier C. Section 07901 —Sealant 1.03 SUBMITTALS f'6 A. Submit for approval samples, shop drawings, product data. (71 1.04 QUALITY ASSURANCE A. Comply with governing codes and regulations. Provide products of acceptable manufacturers which have been in satisfactory use in similar service for three years. Use experienced installers. Deliver, handle, and store materials in accordance with manufacturer's instructions. e'''' PART 2- PRODUCTS 2.01 MATERIALS: (Materials as directed by drawings) A. Pre-finished metal sheets (44' 1. Gauge per drawings (24 gauge sheet metal to be assumed if not noted otherwise), (11`, electroplate galvanized. All exposed edges to be finished to match face. - 2. Pre-finished metal a. Kynar 500, Signature 200 and 300 colors. 3. All bends to be done by fabrication shop, all cut ends to be resealed. • PREFINISHED METAL TRIM 07415- 1 i n PART 3 - EXECUTION , 3.01 DISSIMILAR METALS fl A. Any and all dissimilar metals to be separated by 20 mil plastic or silicone sealant. B. All penetrations to have separation of silicone sealant between sheets and fasteners. 3.02 INSTALLATION A. Follow recommendations of SMACNA Sheet Metal Manual. Allow for expansion. Isolate dissimilar materials. B. Install materials and systems in accordance with manufacturer's instructions and approved submittals. Install materials and systems in proper relation with adjacent construction and with uniform appearance. Coordinate with work of other sections. C. All fasteners to be concealed. ` } D. Install all material so as to positively drain water and so as to avoid all conditions of trapped water. �> E. Restore damaged components and finishes. Clean and protect work from damage. n END OF SECTION • ,-) n 1 n PREFINISHED METAL TRIM 07415-2 n SECTION 07901 C.N JOINT SEALANTS PART 1 -GENERAL (44 1.00 GENERAL COMMENTS A. The general and special conditions of these specifications shall both be considered as a part of this section insofar as they may be termed applicable whether attached or not. B. Cooperation by the Contractor for work of this section of the specifications with all other trades is mandatory, so that all phases of the work may be properly coordinated without delays or • damage to any parts of the work. C. The Contractor shall provide all items, materials, operations listed or scheduled on the drawings and/or herein, including all labor, materials, equipment and incidentals necessary for their completion. 1.01 SUMMARY A. Provide joint sealers at interior and exterior vertical and horizontal joints. ( 4 1.02 RELATED WORK A. Construction Drawings 1.03 SUBMITTALS r"' �► A. Submit for approval samples, product data. (e' 1.04 QUALITY ASSURANCE A. Comply with governing codes and regulations. Provide products of acceptable manufacturers C►, which have been in satisfactory use in similar service for three years. Use experienced installers. Deliver, handle, and store materials in accordance with manufacturer's instructions. (1.' B. Field-Constructed Mock-Ups: Each joint type. r bs PART 2- PRODUCTS /*et 2.01 MATERIALS A. Silicone Elastomeric Joint Sealants: r 1. Manufacturers: Dow Corning, General Electric, Tremco or approved equal. 2. Type and Application: One-part nonacid-curing silicone sealant, ASTM C 920, for joints in vertical and horizontal surfaces, modulus as required for application, exterior and interior use. 3. Type and Application: One-part acid-curing silicone sealant, ASTM C 920, for joints in !16, vertical surfaces, exterior and interior use. 01., 4. Type and Application: One-part mildew-resistant silicone sealant, ASTM C 920, for sanitary applications. All restroom and mechanical room areas. (�+ B. Latex Joint Sealants: 1. Type: Acrylic-emulsion, ASTM C 834. 2. Type: Silicone emulsion, ASTM C 834, and ASTM C 920. (•, 3. Application: Interior joints in vertical and overhead surfaces with limited movement. May be used in painted areas of wood or gypboard. (4^ JOINT SEALANTS 07901 - 1 C. Compression Seals: 1. Type: Preformed foam sealant. 2. Type: Preformed hollow neoprene gasket, ASTM D 2628. 3. Application: Wide exterior joints in vertical surfaces. D. Auxiliary Materials: 1. Elastomeric tubing backer rods to be used for all joints 3/8" and larger. 2. Bond breaker tape. 'l PART 3 - EXECUTION ''1 3.01 INSTALLATION A. Examine substrate; report unsatisfactory conditions in writing. Beginning work means acceptance of substrates. B. Provide sealants in colors as selected from manufacturer's standards. Final color decision to eTh be determined upon review of field samples by Architect. C. Install materials and systems in accordance with manufacturer's instructions and approved submittals. Install materials and systems in proper relation with adjacent construction and with uniform appearance. Coordinate with work of other sections. Clean and prime joints, and install bond breakers, backer rods and sealant as recommended by manufacturers. D. Depth shall equal width up to 1/2"wide; depth shall equal 1/2 width for joints over 1/2"wide. E. Cure and protect sealants as directed by manufacturers. Replace or restore damaged sealants. ^) Clean adjacent surfaces to remove spillage. END OF SECTION n fl n n JOINT SEALANTS 07901 -2 n r`^ SECTION 08111 STEEL DOORS AND FRAMES STEEL WINDOW FRAMES' PART 1 -GENERAL 1.00 GENERAL COMMENTS rgi►, A. The general and special conditions of these specifications shall both be considered as a part of this section insofar as they may be termed applicable whether attached or not. ''II`` B. Cooperation by the Contractor for work of this section of the specifications with all other trades is mandatory, so that all phases of the work may be properly coordinated without delays or damage to any parts of the work. - r9 C. The Contractor shall provide all items, materials, operations listed or scheduled on the drawings and/or herein, including all labor, materials, equipment and incidentals necessary for their ribs completion. 1.01 SUMMARY A. Provide steel doors and frames: ram, 1. Interior steel doors and frames. ram, 2. Exterior steel doors and frames. 3. Interior steel window frames. ,� 1.02 SUBMITTALS A. Submit for approval samples, shop drawings, product data. rob 1.03 QUALITY ASSURANCE ._ A. Comply with governing codes and regulations. Provide products of acceptable manufacturers oohs which have been in satisfactory use in similar service for three years. Use experienced (via, installers. Deliver, handle, and store materials in accordance with manufacturer's instructions. B. Standards: ANSI/SDI-100, Recommended Specifications for Standard Steel Doors and Frames. 4-4416, ,.,., PART 2 - PRODUCTS eft, 2.01 MATERIALS A. Manufacturers: Amweld Building Products, Ceco Door Products, Curries Co., Steelcraft or rib approved equal. B. Steel Doors: rob, 1. Door Type: Standard steel doors with hollow or composite construction. 2. Interior Doors: ANSI/SDI-100, Grade II, heavy-duty, minimum 18 gage (.0358 inch) cold-rolled steel, 1-3/4 inches thick. 3. Exterior Doors: ANSI/SDI-100, Grade III, extra-heavy-duty, minimum 16 gage (.0598 inch) galvanized sheet steel, 1-3/4 inches thick. a. Full polyurethane core at all exterior doors. 4. Accessories: Glazing stops. 5. Finish: Factory primed and field painted. C. Steel Frames: ib, 1. Interior Frames (doors and windows): Welded, 18 gage (.0358 inch)] sheet steel, mitered r . corners. - (lob 2. Exterior Frames: Welded, 16 gage(.0598 inch) galvanized sheet steel, mitered corners. ram, STEEL DOORS AND FRAMES STEEL WINDOW FRAMES 08111 - 1 r*b, ' 11 ' 1 3. Accessories: Door silencers. 4. Finish: Factory primed and field painted. 5. Glazing stops at windows: Surface applied stops supplied by window manufacturer. a. Refer details for stop location. (which side of frame) '"1 6. Fire rated per schedule. PART 3- EXECUTION 3.01 INSTALLATION A. Fabricate work to be rigid, neat and free from seams, defects, dents, warp, buckle, and 'l exposed fasteners. Install doors and frames in compliance with SDI-100, NFPA 80, and requirements of authorities having jurisdiction. B. Provide thermally improved doors with maximum U-value of 0.24 BTU/hr./sq. ft. degree F (ASTM C 236) for all exterior doors and elsewhere as noted. C. Hardware: Prepare doors and frames to receive hardware on final schedule. Provide for 3 fl silencers on single doorframes. D. Shop Finish: Clean, treat and prime paint all work with rust-inhibiting primer comparable with finish paint specified in Division 9 section. Provide asphalt emulsion sound deadening coating on concealed frame interiors. E. Touch-up damaged coatings and leave ready to receive finish painting. fl END OF SECTION • n n n n `1 `-1 n STEEL DOORS AND FRAMES STEEL WINDOW FRAMES 08111 -2 SECTION 08211 ,ram FLUSH WOOD DOORS r. , PART 1 -GENERAL 1.00 GENERAL COMMENTS: A. The general and special conditions of these specifications shall both be considered as a part of this section insofar as they may be termed applicable whether attached or not. B. Cooperation by the contractor for work of this section of the specifications with all other trades is 146+ mandatory, so that all phases of the work may be.properly coordinated without delays or rvib damage to any parts of any work. C. The contractor shall provide all items, materials, operations listed or scheduled on the drawings and/or herein, including all labor, materials, equipment and incidentals necessary for their completion. 1.01 SUMMARY A. Provide flush wood doors: 1. Interior solid core flush doors. *►, 1.02 SUBMITTALS A. Submit for approval samples, shop drawings, product data, warranty. q 1.03 QUALITY ASSURANCE '� A. Comply with governing codes and regulations. Provide products of acceptable manufacturers which have been in satisfactory use in similar service for three years. Use experienced installers. Deliver, handle, and store materials in accordance with manufacturer's instructions. B. Quality Standards: NWWDA I.S. 1A, and AWI Architectural Quality Standards. C. Quality Standards: NWWDA I.S'. 1A, and WIC Manual of Millwork. D. Fire Rated Wood Doors: Meeting ASTM E 152 requirements. '°' PART 2 - PRODUCTS 2.01 MATERIALS• A. Manufacturers: VT Industries, Weyerhaeuser Co. or approved equal. (41'` B. Interior Solid Core Doors for Plastic Laminate Finish: 1. Grade: Premium grade. 2. Construction: Particleboard or glued-block core, minimum 1-3/4 inches thick. ('s*' 3. Faces: GP-50, 0.050 inch thick plastic laminate. C. For Stain Finish 1. Grade: Premium. 2. Species: Birch 3. Finish: Field Stain Black �., D. Fitting: 1: Fitting: Factory-pre-fit and pre-machined. FLUSH WOOD DOORS 08211 - 1 • r^ E. Auxiliary Materials: 1. Glazing frames. a. Metal frames to be field painted unless provided in pre-finished color to meet architects requirements. PART 3- EXECUTION f, 3.01 INSTALLATION A. Comply with NWMA I.S. 1A and specified quality standard. Prefit doors to frames. Premachine doors for hardware listed on final schedules. Factory bevel doors. B. Install doors with not more than 1/8" clearance at top and sides, 1/4" at bottom. Comply with f NFPA 80 for rated assemblies. C. Adjust, clean, and protect. END OF SECTION • �J • • n n n fl fl fl fl n FLUSH WOOD DOORS 08211 -2 n (*a, SECTION 08710 DOOR HARDWARE PART 1 -GENERAL f•, rr, 1.00 GENERAL COMMENTS: A. The general and special conditions of these specifications shall both be considered as a part of rft‘ this section insofar as they may be termed applicable whether attached or not. B. Cooperation by the contractor for work of this section of the specifications with all other trades is mandatory, so that all phases of the work may be properly coordinated without delays or damage to any parts of any work. rak' C. The contractor shall provide all items, materials, operations listed or scheduled on the drawings oft, and/or herein, including all labor, materials, equipment and incidentals necessary for their completion. 1.01 SUMMARY rith r►, A. Provide the following: 1. Hardware for swinging doors. 2. Locks for cabinetry. ram, 3. Lock for various gates and coiling doors. 4. Coordinate new cylinders with existing hardware. 1.02 SUBMITTALS 010,1 A. Submit for approval samples, product data, hardware schedule proposed for use based on Owner's requirements. 1.03 QUALITY ASSURANCE eibk A. Comply with governing codes and regulations. Provide products of acceptable manufacturers which have been in satisfactory use in similar service for three years. Use experienced r'4' installers. Deliver, handle, and store materials in accordance with manufacturer's instructions. B. Hardware for Fire-Rated Openings: NFPA 80, and local requirements. C. Handicapped Accessibility: ANSI A117.1, AADAG, and the State of Texas. D. Materials and Application: ANSI A156 series standards. �., PART 2- PRODUCTS • 2.01 MATERIALS: Refer to schedule. A. Manufacturers: Sargent or approved equal. 1. Finish: US10B—oil rubbed bronze B. Door, Hardware: ('' 1. Quality Level: Commercial duty only, per schedule. 2. Locksets and Latchsets: Cylinder type. 3. Lock Cylinders: Integral type. 4. Keying: Owner's requirements keying and key control system. a. Provide grandmaster both inside and outside. b. Up to(4) four subsets as per Owner's representative instructions. c. Provide(3) keys per lock. 5. Hinges and Butts: Full-mortise type with non-removable pins at exterior doors. (®'N a. Ball bearing as required on schedule. 6. Closers per schedule 7. Exit Devices: per schedule Calfr DOOR HARDWARE 08710- 1 rA 8. Pivots: Offset type per schedule 9. Push/Pull Units: Through-bolted type per schedule 10. Cam locks for cabinetry: per interior elevations. 11. Hardware Finishes: US 10B finish on exposed surfaces. C. Auxiliary Materials: 1. Stops and holders per schedule 2. Weatherstripping per schedule 3. Thresholds per schedule fl 4. US10B or Bronze color finish on all items. PART 3- EXECUTION 3.01 ` INSTALLATION A. Follow guidelines of hardware manufacturer's printed requirements. 'l B. Install materials and systems in accordance with manufacturer's instructions and approved submittals. Install materials and systems in proper relation with adjacent construction and with uniform appearance. Coordinate with work of other sections. fl C. Adjust operation, clean and protect. 3.02 SCHEDULE: See Hardware Schedule on Drawings. END OF SECTION • fl fl fl fi DOOR HARDWARE 08710-2 SECTION 08800 C6' GLASS & GLAZING PART 1 -GENERAL re, 1.00 GENERAL COMMENTS: r"'' A. The general and special conditions of these specifications shall both be considered as a part of this section insofar as they may be termed applicable whether attached or not. B. Cooperation by the contractor for work of this section of the specifications with all other trades is mandatory, so that all phases of the work may be properly coordinated without delays or damage to any parts of any work. C. The contractor shall provide all items, materials, operations listed or scheduled on the drawings and/or herein, including all labor, materials, equipment and incidentals necessary for their completion. 1.01 SUMMARY re." A. Provide glazing at the following locations: 1. Exterior windows and doors 2. Interior windows and glazed door openings 3. Mirrors ("* 1.02 SUBMITTALS A. Submit fora approval samples, shopdrawings, product data, mock-ups, warrant test reports, PP P 9 � P Y�•, maintenance data, extra stock. 1. Submit two (2) 12" x 12" panels of each glass type that is specified. f� 1.03 QUALITY ASSURANCE raN ram, A. Comply with governing codes and regulations. Provide products of acceptable manufacturers which have been in satisfactory use in similar service for three years. Use experienced installers. Deliver, handle, and store materials in accordance with manufacturer's instructions. B. Field-Constructed Mock-Up: Each type of glazing. C. Testing: Glazing performance. 1.04 WARRANTY �► A. Glass Warranties: 1. Coated Glass: Manufacturer's 5 year warranty. (416, 2. Mirror Glass: Manufacturer's 10 year warranty. PART 2 - PRODUCTS (`' 2.01 MATERIALS A. Manufacturers: AFG Industries, Libby Owens Ford, Pilkington or approved equal. B. Glass: (As per schedule) 1. Primary Glass Products: Clear float, tinted float, and wire glass, ASTM C 1036. ' 2. Heat-Treated Glass Products: tempered, coated, and spandrel glass, ASTM C 1048. �+* 3. Mirrors: Silvering and protective coatings on tempered glass C. Glazing Accessories: 1. Elastomeric glazing sealants. 2. Preformed glazing tapes. GLAZING 08800 - 1 3. Glazing gaskets. 4. Setting blocks, spacers, and compressible filler rods. 5. Mirror adhesive. D. Tinted Glass "-, 1. Per Window Schedule on Drawings. • E. Low-E Glass as noted on the schedule F. Wire-glass as noted on the Drawings r, PART 3- EXECUTION 3.02 INSTALLATIONeTh A. Inspect framing and report unsatisfactory conditions in writing. B. Comply with FGMA"Glazing Manual" and manufacturers instructions and recommendations. Use manufacturer's recommended spacers, blocks, primers, sealers, gaskets and accessories. C. Install glass with uniformity of pattern, draw, bow and roller marks. D. Install sealants to provide complete wetting and bond and to create a substantial wash away from glass. E. Set mirrors on stainless steel clips and adhere to wall with mirror adhesive. F. Remove and replace damaged glass and glazing. Wash, polish and protect all glass supplied under this section. END OF SECTION • • fl GLAZING fl 08800-2 '1 SECTION 09250 GYPSUM BOARD ASSEMBLIES PART 1 -GENERAL 1.00 GENERAL COMMENTS A. The general and special conditions of these specifications shall both be considered as a part of this section insofar as they may be termed applicable whether attached or not. B. Cooperation by the Contractor for work of this section of the specifications with all other trades CaN is mandatory, so that all phases of the work may be properly coordinated without delays or damage to any parts of the work. C. The Contractor shall provide all items, materials, operations listed or scheduled on the drawings and/or herein, including all labor, materials, equipment and incidentals necessary for their completion. 1.01. SUMMARY A. Provide gypsum board assemblies: 1. Interior walls, partitions, and ceilings. °ee' 2. Installation of access panels in gypsum board assemblies as required to get to fire. dampers, valves and other such items required to complete the project. 3. Water resistant application in Kitchen, Restrooms, Janitor's room and mechanical spaces. 4. Gypsum sheathing at the exterior walls. B. Gypsum Board Attachment: 1. Gypsum board screw-attached to metal studs 2. Bonded application as required in locations of laminated applications. (Multiple layer applications.) 1.02 SUBMITTALS A. Submit for approval product data. B. Provide field sample to illustrate proposed finish texture. Chh 1.03 • QUALITY ASSURANCE A. Comply with governing codes and regulations. Provide products of acceptable manufacturers which have been in satisfactory use in similar service for three years. Use experienced CIN installers. Deliver, handle, and store materials in accordance with manufacturer's instructions. B. Tolerances: Not more than 1/16 inch difference in true plane at joints between adjacent boards before finishing. After finishing,joints shall be not be visible. Not more than 1/8 inch in 10 feet deviation from true plane, plumb, level and proper relation to adjacent surfaces in finished work. C. Fire Resistance for Fire-Rated Assemblies: ASTM E-119. D. Performance: Fire, structural, and seismic performance meeting requirements of building code and local authorities. PART2- PRODUCTS 2.01 MATERIALS A. Manufacturers of Gypsum Board: Georgia-Pacific Corp., National Gypsum Co., United States Gypsum Co. or approved equal. B. Manufacturers of Grid and Suspension Systems: Armstrong World Industries, Chicago Metallic, USG Interiors or approved equal. GYPSUM BOARD ASSEMBLIES h. 09250- 1 • J C. Gypsum Board: 1. Gypsum Wallboard: ASTM C-36, Fire-rated, 5/8 inch typical thickness. l 2. Water-Resistant Gypsum Backing Board: ASTM C-630, regular and fire-rated types as required, 5/8 inch typical thickness. 3. Gypsum Sheathing: 1/2"thickness - l D. Trim Accessories: 1. Material: Metal trim. 2. Types: Cornerbead, control joints and 200B edge trim. E. Auxiliary Materials: 1. Gypsum board screws, ASTM C-1002. 2. Fastening adhesive. F. Suspension System Components f 1. MSG sections as shown on drawings, structural plans and architectural sections. PART 3- EXECUTION `l 3.01 INSTALLATION A. Install framing in compliance with good construction standards. Install with tolerances necessary to produce substrate for gypsum board assemblies with tolerances specified. Include blocking for items such as railings, grab bars, casework, toilet accessories and similar items. B. Install gypsum board assemblies in compliance with ASTM C-840 and GA 216, Recommended Specifications for the Application and Finishing of Gypsum Board. Install gypsum board f; assemblies true, plumb, level and in proper relation to adjacent surfaces. C. Install boards vertically and horizontally. Do not allow butt-to-butt joints and joints that do not fall over framing members. D. Provide insulation full height and thickness in partitions at toilet rooms, at occupancy separations, and elsewhere as required on drawings. E. Install trim and 3-coat joint treatment in strict compliance with manufacturer's instructions and recommendations. Joint treatment is required at all fasteners and edges between boards. Fill• all surface defects. Sand between and after joint treatment coatings and leave ready for finish painting or wall treatment. F. Protect panels from damage until tile is ready to install. ) END OF SECTION eTh fl fl fl GYPSUM BOARD ASSEMBLIES fl 09250-2 fl n (^ SECTION 09300 �• CERAMIC TILE PART 1 -GENERAL 1.00 GENERAL COMMENTS (.'"" A. The general and special conditions of these specifications shall both be considered as a part of �.. this section insofar as they may be termed applicable whether attached or not. B. Cooperation by the Contractor for work of this section of the specifications with all other trades (a* is mandatory, so that all phases of the work may be properly coordinated without delays or damage to any parts of the work. C. The Contractor shall provide all items, materials, operations listed or scheduled on the drawings (lb" and/or herein, including all labor, materials, equipment and incidentals necessary for their completion. 1.01 SUMMARY (+, A. Interior Tile: 1. Wall tile over W.R. gypsum wallboard 2. Floor tile over concrete slab faq 3. Base tile over W.R. gypsum wallboard (`b" 1.02 SUBMITTALS A. Submit for approval samples, product data, mock-ups. • 1.03 QUALITY ASSURANCE Cak' A. Comply with governing codes and regulations. Provide products of acceptable manufacturers which have been in satisfactory use in similar service for three years. Use experienced talk, installers. Deliver, handle, and store materials in accordance with manufacturer's instructions. B. Tile: ANSI A-137.1 ( ' C. Tile Setting Materials: ANSI-118 series standard specifications. r+,, D. Tile Installation: ANSI-108 series standard specifications and Tile Council of America, Handbook for Ceramic Tile Installation. (gibsPART 2- PRODUCTS Ems►, 2.01 MATERIALS: American Olean, or equal A. Where referred to as Porcelain Floor Tile: 1. Porcelain floor tile, nominal 12"x 12"size 2. 3/8" mortar joints (b' B. Where referred to as Porcelain Wall Tile: • 1. Porcelain wall tile, nominal 12 " x 12"size. 2. 3/8" mortar joints ("•, C. Where referred to as Glazed Ceramic Wall Tile: 1. Glazed ceramic wall tile, nominal 4 1/4"x 4 1/4". !"'' 2. Thickness: 1/4 inch nominal. 3. Face: Plain face with cushion edges 4. Bullnose where adjacent to non-tile walls D. Where referred to as Ceramic Floor Tile: 1. Matte finish ceramic floor tile, nominal 2"x2" size. 2. Line joints with base and floor. CERAMIC TILE 09300- 1 E. Where referred to as Ceramic Mosaic Floor Tile: 1. Matte finish ceramic mosaic floor tile F. Base Tile: 1. Same as floor tile. 2. Finished top Edge, Covered-Top set style 3. Line joints up with Wall Tile G. Setting materials: 1. At floor tile and interior wall tile: Pre-mixed latex modified thin set mortar be T.E.C. or ,1 equal H. Grout: 1. Sanded cement grout for walls 2. Epoxy grout for floors. PART 3- EXECUTION 3.01 INSTALLATION: PATTERN AS PER PLANS `) A. Comply with Tile Council of America and ANSI Standard Specifications for Installation for substrate and installation required. Comply with manufacturer's instructions and recommendations. .� B. Lay tile in grid pattern with alignment grids. Layout to provide uniform joint widths and to minimize cutting; do not use less than 1/2 tile units. 1. Base tile joints to align w/wall tile. C. Provide sealant joints where recommended by TCA and approved by Architect. D. Grout and cure, clean and protect. END OF SECTION fl f'1 '1 n CERAMIC TILE 09300-2 SECTION 09511 (" Cm" ACOUSTICAL PANEL CEILINGS (7 PART 1 -GENERAL 1.00 GENERAL COMMENTS A. The general and special conditions of these specifications shall both be considered as a part of (4I, this section insofar as they may be termed applicable whether attached or not. B. Cooperation by the Contractor for work of this section of the specifications with all other trades is mandatory, so that all phases of the work may be properly coordinated without delays or damage to any parts of the work. C. The Contractor shall provide all items, materials, operations listed or scheduledon the drawings (76 and/or herein, including all labor, materials, equipment and incidentals necessaryfor their completion. 1.01 SUMMARY A. Provide acoustical lay-in panel ceilings, trim, and exposed metal suspension system. B. All locations are.non-fire rated. 1.02 SUBMITTALS . (�++ A. Submit for approval samples, product data, extra stock. 1.03 QUALITY ASSURANCE A. Comply with governing codes and regulations. Provide products of acceptable manufacturers ('`^ which have been in satisfactory use in similar service for three years. Use experienced installers. Deliver, handle, and store materials in accordance with manufacturer's instructions. B. Performance: Fire, structural, and seismic performance meeting requirements of building code and local authorities. Acoustical performance based on project requirements. (11 F+. PART 2- PRODUCTS ('b` 2.01 MATERIALS: Verify to finish schedule. A. Manufacturers: Armstrong World Industries, or approved equal. B. Mineral Base Panels: Standard 1. Armstrong—Fissured 2. Size: 24 by 24 inches by 5/8 inch �., 3. Square edge 4. White finish C. Mineral Base Panel: Tegular 1. Armstrong—Cirrus 2. Size: 24 by 24 by 3/4" er•" 3. Tegular edge 4. White finish (1°N D. Vinyl Overlay: Vinyl �;�, 1. Armstrong—Vinyl clad gypboard 2. Size: 24 by 24 /� 3. Square edge 4. White vinyl finish. f'h' ACOUSTICAL PANEL CEILINGS 09511 - 1 fl E. Direct-Hung Suspension Systems 1. Type: Wide-face, capped double-web steel, intermediate duty classification, ASTM C �! 635. 7/8"face. �. 2. Suspension System Accessories: Attachment devices and hangers, ASTM C 635. 3. Cap Material: White. F. Auxiliary Materials: 1. Edge molding and trim to match cap material PART 3- EXECUTION �? 3.01 INSTALLATION fl A. Install materials and suspension systems in accordance with manufacturer's instructions and recommendations, and ASTM C 636. Coordinate installation with location of mechanical and electrical work to ensure proper locations. B. Level ceiling to within 1/8" in 10' in both directions. Scribe and cut panels to fit accurately. Measure and layout to avoid less than half panel units. �} C. Install sufficient wire supports at lights, HVAC grilles and registers, and other ceiling mounted accessories to insure dead level suspension and to meet any required fire assemblies. D. Removal and reinstallation at existing ceilings: Remove and store materials for reuse. Handle with white gloves and avoid damaging corners and edges. Clean tiles and grid system which have been removed. Provide additional materials to complete the work and to replace damaged existing materials. New materials shall exactly match existing materials as approved. -� E. Adjust, clean, and touch-up all system components. F. Provide wrapped and labeled maintenance stock of new material equal to 2 percent of ceiling panels, tile, and suspension installed. END OF SECTION f^� fTh n fl ACOUSTICAL PANEL CEILINGS 09511 -2 'mil n ribN I4 SECTION 09650 RESILIENT FLOORING PART 1 -GENERAL 1.00 GENERAL COMMENTS: (1"'N A. The general and special conditions of these specifications shall both be considered as a part of this section insofar as they may be termed applicable whether attached or not. B. Cooperation by the contractor for work of this section of the specifications with all other trades is mandatory, so that all phases of the work may be properly coordinated without delays or damage , , to any parts of any work. C. The contractor shall provide all items, materials, operations listed or scheduled on the drawings and/or herein, including all labor, materials, equipment and incidentals necessary for their completion. PIN (+, 1.01 SUMMARY A. Provide resilient flooring as per schedule. B. Rooms showing 2 or 3 colors on schedule are to have whole tile patterns that will be provided later. ,r`N 1.02 SUBMITTALS rain A. Submit for approval samples, product data, extra stock. 1.03 QUALITY ASSURANCE A. Comply with governing codes and regulations. Provide products of acceptable manufacturers which have been in satisfactory use in similar service for three years. Use experienced installers. Deliver, handle, and store materials in accordance with manufacturer's instructions. B. Performance: Fire performance meeting requirements of building code and local authorities. C. Provide materials and adhesives which do not contain asbestos. PART 2- PRODUCTS 2.01 MATERIALS riN A. Vinyl Composition Tile Flooring: ,°•,, 1. Manufacturers:Armstrong World Industries, Azrock Commercial Flooring, Mannington Mills, Inc., Tarkett or approved equal. 2. Vinyl Composition Tile: ASTM F 1066, Composition 1, non-asbestos formulated, 12"x12"x1/8"thick. B. Auxiliary Materials: 1. Edge strips and terminations. '"' 2. Self leveling underlayment r-+., a. Custom Building Products"Level Quik"or equal. PART 3- EXECUTION 3.01 INSTALLATION A. Comply with manufacturer's instructions and recommendations. Install in proper relation to adjacent work. B. Prepare surfaces by cleaning, leveling and priming as required. Test adhesive for bond before general installation. Level to 1/8" in 10'tolerance. __ C. Tile flooring: Install tile with tight joints and with one-way pattern. Layout to prevent less than 1/2 tile units. �► RESILIENT FLOORING 09650- 1 D. Clean, wax, buff, and protect. END OF SECTION .a, RESILIENT FLOORING 09650-2 SECTION 09678 f••, RESILIENT WALL BASE PART 1 - GENERAL 1.00 GENERAL COMMENTS: A. The general and special conditions of these specifications shall both be considered as a part of ,,,,N this section insofar as they may be termed applicable whether attached or not. B. Cooperation by the contractor for work of this section of the specifications with all other trades is mandatory, so that all phases of the work may be properly coordinated without delays or damage to any parts of any work. C. The contractor shall provide all items, materials, operations listed or scheduled on the drawings ea,, and/or herein, including all labor, materials, equipment and incidentals necessary for their completion. 1.01 SUMMARY 006, A. Provide resilient wall base. B. Provide resilient treads and risers per sheet A7.1. C. Provide rubber flooring at landings. caws1.02 SUBMITTALS A. Submit for approval samples, product data, extra stock. 1.03 QUALITY ASSURANCE !al' A. Comply with governing codes and regulations. Provide products of acceptable manufacturers which have been in satisfactory use in similar service for three years. Use experienced installers. Deliver, handle, and store materials in accordance with manufacturer's instructions. B. Performance: Fire performance meeting requirements of building code and local authorities.. C. Provide materials and adhesives which do not contain asbestos. f"s PART 2-PRODUCTS 2.01 MATERIALS A. Manufacturers: Roppe, Johnsonite, or approved equal. • B. Resilient Wall Base: Coved profile 1. Rubber Wall Base: FS SS-W-40, Type I, [0.125 inches]thick. 2. Height: per Finish schedule C. Installation Accessories: 1. Adhesives: Water-resistant type recommended and/or sold by the base manufacturer. rI PART 3- EXECUTION 3.01 INSTALLATION 'fv"' A. Comply with manufacturer's instructions and recommendations. Install in proper relation to adjacent work. B. Install base and accessories to minimize joints. Install base with joints as far from corners as practical. C. Clean and protect. oft' END OF SECTION r""", RESILIENT WALL BASE 09678- 1 ("I SECTION 09900 , PAINTING PART 1 -GENERAL (4111 fs.% 1.00 GENERAL COMMENTS: f`11\ A. The general and special conditions of these specifications shall both be considered as a part of (11 this section insofar as they may be termed applicable whether attached or not. B. Cooperation by the contractor for work of this section of the specifications with all other trades is mandatory, so that all phases of the work may be properly coordinated without delays or damage to any parts of any work. C. The contractor shall provide all items, materials, operations listed or scheduled on the drawings /e. and/or herein, including all labor, materials, equipment and incidentals necessary for their completion. 1.01 SUMMARY A. Provide the following: 1. Painting and surface preparation for interior unfinished surfaces as scheduled. 2. Painting and surface preparation for exterior unfinished surfaces as scheduled. 3. Field-painting and surface preparation of exposed mechanical and electrical piping, conduit, ductwork, and equipment 4. Repainting and surface preparation at areas of remodeling as indicated on plans 5. Provide attic stock of all unused paint in excess of%gallon quantities. Mark clearly. 1.02 SUBMITTALS t A. Submit for approval samples, product data. riks B. 4'x4'samples of selected colors in field mock-ups. 1.03 QUALITY ASSURANCE A. Comply with governing codes and regulations. Provide products of acceptable manufacturers which have been in satisfactory use in similar service for three years. Use experienced installers. Deliver, handle, and store materials in accordance with manufacturer's instructions. B. Regulations: Compliance with VOC and environmental regulations. rfti PART 2- PRODUCTS 2.01 MATERIALS A. Manufacturers: ICI or approved equal first-line commercial-quality products for all coating (.44 systems. 2.02 COLORS A. Selection: _To include a range of about 1300 colors and tints. B. Deep Accent Colors: Selection limited to not over 5 colors covering less than 20% of the work area. r*, riaN PAINTING 09900- 1 fl PART 3- EXECUTION 3.01 INSTALLATION A. Inspect surfaces, report unsatisfactory conditions.in writing; beginning work means acceptance of substrate. B. Comply with manufacturer's instructions and recommendations for preparation, priming and `l coating work. Coordinate with work of other sections. C. Match approved mock-ups for color, texture, and pattern. Re-coat or remove and replace work which does not match or shows loss of adhesion. Clean up, touch up and protect work. D. Use only unopened containers obtained directly from supplier, do not water down or otherwise dilute original products. Do not field mix colors. PAINT SYSTEMS: ICI Dulux given as guide. A. Wallboard Latex-enamel: One coat Dulux Ultra Basecoat 1000 Wall Primer Two coats Dulux Ultra-Hide Eggshell Latex Enamel B. Wallboard Latex: One coat Dulux Ultra Basecoat 1000 Wall Primer (Ceilings only) Two coats Dulux Ultra-Hide Eggshell Latex Wall Paint �1 C. Interior trim Enamel: One coat Aquacryllic Gripper 3210 Enamel Undercoat Two coats Ultra-Hide Durus 2518 Exterior Alkyd Gloss Enamel D. Interior Wall Enamel One coat Aquacryllic Gripper 3210 Enamel Undercoat Two coats Ultra-Hide 1516 Alkyd Semi-Gloss Enamel E. Galvanized Steel: One coats Devguard 4120 Alkyd Primer Two coats Devguard 4308 Alkyd Industrial Gloss Enamel F. Primed Metal: Two coats Metalastic II Enamel -� G. Painted Exterior Wood: One coat Alkyd primer 2100 Two coats Ultra-Hide Durus 2518 Exterior Alkyd Gloss Enamel H. Interior Wood (Stain): One coat Wood pride Interior Oil Finish Stain ^� Sand One coat Wood pride Interior Oil Finish Stain �) Sand lightly .� One coat Wood pride Interior Polyurethane Satin Varnish Sand lightly '1 One coat Wood pride Interior Polyurethane Satin Varnish Sand lightly One coat Wood pride Interior Polyurethane Satin Varnish I. Cement Board: (exterior) One coat Acrylic Primer 2010 Two coats Ultra Hide Durus, Exterior Acrylic Satin Finish END OF SECTION PAINTING 09900-2 �^ eTh Cabs SECTION 09950 (., WALL COVERINGS PART 1 -GENERAL 1.00 GENERAL COMMENTS: A. The general and special conditions of these specifications shall both be considered as a part of this section insofar as they may be termed applicable whether attached or not. B. Cooperation by the contractor for work of this section of the specifications with all other trades is rah` mandatory, so that all phases of the work may be properly coordinated without delays or damage to any parts of any work. C. The contractor shall provide all items, materials, operations listed or scheduled on the drawings and/or herein, including all labor, materials, equipment and incidentals necessary for their completion. r1,6 1.01 SUMMARY A. Provide wall coverings and surface preparation B. Provide attic stock of 100 s.f. per color. 1.02 SUBMITTALS P( " A. Submit for approval samples, product data, maintenance data. B. After initial color selections submit 12"x12"samples. 1.03 QUALITY ASSURANCE P4`' A. Comply with governing codes and regulations. Provide products of acceptable manufacturers (;., which have been in satisfactory use in similar service for three years. Use experienced installers. Deliver, handle, and store materials in accordance with manufacturer's instructions. B. Performance: Fire performance meeting requirements of building code and local authorities. ,I., PART 2- PRODUCTS !11", 2.01 MATERIALS A. Vinyl Wall Covering: 1. Manufacturers: B.F. Goodrich or approved equal. 2. Koroseal—"Desert Sand" (majority of job) f411‘, PART 3- EXECUTION (41", 3.01 INSTALLATION A. Acclimatize materials; prime and seal substrates; test substrates for moisture content and prepare surfaces in compliance with manufacturer's recommendations. '1"+ B. Install in accordance with manufacturer's instructions. Apply adhesive and install with seams plumb and overlapped and double-cut to ensure tight closure except where pattern would not match. Do not place seams within 6"of corners. C. Remove air bubbles, blisters, wrinkles and other defects; horizontal seams are not permitted. Remove excess adhesive immediately; clean walls and protect surfaces. trilaN ` END OF SECTION WALL COVERINGS 09950- 1 • ("' (sibs SECTION 09986 FIBERGLASS REINFORCED PANELS PART 1 -GENERAL 1.00 GENERAL COMMENTS: Obs A. The general and special conditions of these specifications shall both be considered as a part of fa', this section insofar as they may be termed applicable whether attached or not. B. Cooperation by the contractor for work of this section of the specifications with all other trades is f®+ mandatory, so that all phases of the work may be properly coordinated without delays or damage to any parts of any work. C. The contractor shall provide all items, materials, operations listed or scheduled on the drawings • tab, and/or herein, including all labor, materials, equipment and incidentals necessary for their completion. 1.01 SUMMARY: A. Provide FRP panels per the finish schedule and per the interior elevation drawings. /wk` 1.02 SUBMITTALS A. Submit two samples of each type of panel, each type of trim and fastener B. Shop Drawings: Indicate the location and dimension of joints and fastener attachments. C. Installation guide. 1.03- QUALITY ASSURANCE A. Provide panels and molding only from the manufacturer specified to ensure warranty and color �+•, - harmonization of accessories. ("lc 1.04 DELIVERY, STORAGE, AND HANDLING A. Delivery of Materials: Package sheets on skids or pallets for shipment to project site. B. Storage of Materials: Store panels in a dry place at the project site. ("is C. Handling: Remove foreign matter from face of panel by use of a soft bristle brush, avoiding abrasive action. 1.05 PROJECT CONDITIONS A. Installation shall not begin until building is enclosed, permanent heating and cooling equipment !°41.1 is in operation, and residual moisture from plaster, concrete or terrazzo work has dissipated. re, B. During installation and for not less than 48 hours before, maintain an ambient temperature and relative humidity within limits required by type of adhesive used and recommendation of ribs adhesive manufacturer. C. Provide ventilation to disperse fumes during application of adhesive as recommended by the r'4 adhesive manufacturer. !'ik` PART 2 - PRODUCTS r11", 2.01 MATERIALS A. Acceptable Panels: (1/1 1. Kemlite"Glassboard-P"—Pebbled Finish B. Edge Trim and Inside Corner Trim: Panel manufacturer's standard length extruded vinyl pieces; longest length possible-to eliminate end joints. . ("bk FIBERGLASS REINFORCED PANELS ("lb' 09986- 1 PART 3- EXECUTION fi 3.01 PREPARATION: f, A. Examine backup surfaces to determine that corners are plumb and straight, surfaces are smooth, uniform, clean and free from foreign matter, nails countersunk, joints and cracks filled flush and smooth with the adjoining surface. B. Do not begin installation until backup surfaces are put into satisfactory condition. 3.02 APPLICATION: A. Do all cutting with carbide tipped saw blades or drill bits, or cut with snips. B. Install panels with manufacturer's recommended gap for panel field and corner joints. C. Fastener holes in the panels must be predrilled 1/8" (3.2 mm) oversize. -� D. For trowel type and application of adhesive, follow adhesive manufacturer's recommendation. E. Using products acceptable to manufacturer, install FRP panel system in accordance with panel manufacturer's printed instructions. F. Determine locations of all movement joints before starting. G. Supply first-class workmanship in all work. 3.03 CLEANING: A. Remove any adhesive or excessive sealant from panel face using solvent or cleaner recommended by panel manufacturer. END OF SECTION • • FIBERGLASS REINFORCED PANELS 09986-2 ('" 141"' SECTION 10200 (,.,, LOUVERS AND VENTS PART 1 -GENERAL r., 1.00 GENERAL COMMENTS (®'s A. The general and special conditions of these specifications shall both be considered as a part of (1"`' this section insofar as they may be termed applicable whether attached or not. B. Cooperation by the Contractor for work of this section of the specifications with all other trades (, is mandatory, so that all phases of the work may be properly coordinated without delays or damage to any parts ofthe work. C. The Contractor shall provide all items, materials, operations listed or scheduled on the drawings Cu., and/or herein, including all labor, materials, equipment and incidentals necessary for their completion. 1.01 SUMMARY rob, A. Provide louvers and vents: Fixed metal wall louvers. 1.02 SUBMITTALS A. Submit for approval shop drawings, product data. 1.03 QUALITY ASSURANCE A. Comply with governing codes and regulations. Provide products of acceptable manufacturers which have been in satisfactory use in similar service for three years. Use experienced f1"+ installers. Deliver, handle, and store materials in accordance with manufacturer's instructions. o►, PART 2- PRODUCTS ("' 2.01 MATERIALS rioN _ A. Manufacturers: Airolite, Construction Specialties, Industrial Louvers or approved equal. r'o B. Aluminum Louvers: 1. Aluminum Extrusions: ASTM B 221, alloy 6063-T5 or T51, 0.81" minimum thickness. 2. Blades: Horizontal drainable storm proof blades. ,d., 3. Blade Type: Fixed. 4. Finish: Baked enamel. (•', C. Louver Accessories: 1. Insect-screens. rftt PART 3- EXECUTION 3.01 INSTALLATION rek, A. Comply with AMCA Standard 500 and provide units with AMCA Certification rating seal. Comply with SMACNA Sheet Metal Manual except as otherwise indicated. B. Take field measurements prior to fabrication. Install units plumb and level; isolate dissimilar (sh, materials to prevent corrosion. Touch-up damaged coatings. C. Provide separate continuous sills where needed to prevent water penetration. Maintain equal P'0N blade-to-blade and blade-to-frame spacing for uniform appearance. Provide concealed vertical �,. mullions and reinforcement as needed. f"'+ LOUVERS AND VENTS 10200- 1 D. Provide anchors, supports and accessories as needed. Provide gaskets, flashings and fillers as necessary to make installation water tight. • 71 END OF SECTION • r.` '\I LOUVERS AND VENTS• 10200-2 f ' P"" SECTION 10425 1® SIGNS PART 1 -GENERAL ras /410,, 1.00 GENERAL COMMENTS A. The general and special conditions of these specifications shall both be considered as a part of this section insofar as they may be termed applicable whether attached or not. B. Cooperation by the Contractor for work of this section of the specifications with all other trades is mandatory, so that all phases of the work may be properly coordinated without delays or (4`N damage to any parts of the work. C. The Contractor shall provide all items, materials, operations listed or scheduled on the drawings and/or herein, including all labor, materials, equipment and incidentals necessary for their (IN completion. R 1.01 SUMMARY A. Provide building signage: Panel signs to the T.A.S. standards for accessibility. raLk 1.02 SUBMITTALS `� A. Submit for approval samples, shop drawings, product data. 1.03 QUALITY ASSURANCE A. Comply with governing codes and regulations. Provide products of acceptable manufacturers + which have been in satisfactory use in similar service for three years. Use experienced installers. Deliver, handle, and store materials in accordance with manufacturer's instructions. ("1 B. Regulations: ADAAG. (411 ("'+ PART 2- PRODUCTS 2.01 MATERIALS ,r+, A. Manufacturers: St. George Sign Co., South Texas Graphic Specialties or approved equal. B. Panel Signs: Signs to be 6"x 6" pictograms or 2"tall as per schedule. 6" x 6"signs to have 30 fik) degree x'/" long chamfer on corners. Pictogram signs to have one logo per sign and 1"tall rift\ removable name plate. 1. Type: Unframed. I`1" 2. Material: Plastic or plastic laminate 3. Copy: Raised lettering. Per ADA. elbA 4. Braille as per ADA on all signs. rifts (ft, PART 3- EXECUTION rib+ 3.01 INSTALLATION ram, A. Install materials and systems in accordance with manufacturer's instructions and approved submittals. Install materials and systems in proper relation with adjacent construction and with !'"'' uniform appearance. Coordinate with work of other sections. r;.A B. Restore damaged finishes. Clean and protect work from damage. 3.02 SCHEDULE (is" A. Pictogram Signs with H.C. symbol at Toilet Room doors. ("'. END OF SECTION SIGNS �#. 10425- 1 rah' f"5 ( SECTION 10522 P"° F FIRE EXTINGUISHERS AND CABINETS PART 1 -GENERAL 1.00 GENERAL COMMENTS A. The general and special conditions of these specifications shall both be considered as a part of this section insofar as they may be termed applicable whether attached or not. B. Cooperation by the Contractor for work of this section of the specifications with all other trades (.r, is mandatory, so that all phases of the work may be properly coordinated without delays or damage to any parts of the work. C. The Contractor shall provide all items, materials, operations listed or scheduled on the drawings and/or herein, including all labor, materials, equipment and incidentals necessary for their completion. 1.01 SUMMARY A. Provide fire extinguishers and cabinets: 1. Fire extinguishers-A, B, C.rated; 10 lb. Size. (1.1% 2. Fire extinguisher cabinets. ("` 1.02 SUBMITTALS A. Submit for approval shop drawings, product data. r;; 1.03 QUALITY ASSURANCE (11", A. Comply with governing codes and regulations. Provide products of acceptable manufacturers which have been in satisfactory use in similar service for three years. Use experienced C"' installers. Deliver, handle, and store materials in accordance with manufacturer's instructions. B. Standards: UL and FM listed products, NFPA 10. C. Regulations: ADAAG. (111 PART 2—PRODUCTS (ar, 2.01 MATERIALS A. Manufactures: J. L. Industries, Larsen's Manufacturing, Potter-Roemer or approved equal. B. Fire Extinguishers: As per drawings. 1. Type: Multipurpose dry chemical type. (A.B.C.) Model Larsen -MP10 2. Rating: Sized for project requirements to meet local code. 3. Public Area Mounting: Cabinet mounted. ("", 4. Service Area Mounting: Metal brackets. C. Cabinets: 1. Larsen's Medallion Series: Vertical Duo model, rolled edge, semi-recessed. Cabinet model FS B2409-6R to be 1 hour rated, if located in 1 hour rated wall or B2409-6R when located in non-rated wall. eels 2. Finish to be painted. Selection from manufacturer's standard color palette. D. Brackets: esk, 1. At F.E. without cabinets use Larsen B-2 Bracket (111 raN FIRE EXTINGUISHERS AND CABINETS 10522- 1 (**' PART 3—EXECUTION 3.01 INSTALLATION �3 A. Install fire extinguishers in mechanical and service areas with wall-hung brackets at locations and heights indicated and acceptable to authorities having jurisdiction. B. Install fire extinguishers in cabinets in public areas plumb and level at heights acceptable to authorities having jurisdiction. C. Install materials and systems in accordance with manufacturer's instructions and approved submittals. Install materials and systems in proper relation with adjacent construction and with uniform appearance. Coordinate with work of other sections. D. Restore damaged finishes and test for proper operation. Clean and protect work from damage. 'l fi END OF SECTION eTh eTh FIRE EXTINGUISHERS AND CABINETS 10522-2 (111 r"41", SECTION 10800 0 TOILET AND BATH ACCESSORIES rak PART 1 -GENERAL rah' 1.00 GENERAL COMMENTS A. The general and special conditions of these specifications shall both be considered as a part of this section insofar as they may be termed applicable whether attached or not. P B. Cooperation by the Contractor for work of this section of the specifications with all other trades is mandatory, so that all phases of the work may be properly coordinated without delays or ,ram►, damage to any parts of the work. C. The Contractor shall provide all items, materials, operations listed or scheduled on the drawings r''` and/or herein, including all labor, materials, equipment and incidentals necessary for their fib' completion. 1.01 SUMMARY A. Provide toilet accessories r. , 1.02 SUBMITTALS A. Submit for approval samples, shop drawings, product data. 1.03 QUALITY ASSURANCE A. Comply with governing codes and regulations. Provide products of acceptable manufacturers which have been in satisfactory use in similar service for three years. Use experienced installers. Deliver, handle, and store materials in accordance with manufacturer's instructions. '"'"' B. Regulations: ADAAG and local accessibility requirements. PART 2- PRODUCTS 2.01 MATERIALS r., A. Manufacturers: Bobrick Washroom Equipment, Bradley Corp., Miami-Carey or approved equal. B. Toilet Accessories: As per plans. ". 1. Paper towel dispensers. 2. Toilet tissue dispensers, double roll. • oak __ 3. Grab bars. (461 4. Sanitary napkin disposal units. 5. Mop and broom holders. (l'h' 6. Combination towel dispenser/waste receptacles. ,�. 7. Folding shower seats. C. Lay-Guards—as shown on the interior elevations. G.C. to coordinate who will supply these covers. 1. TrueBro or Equal (11.1 a. White color b. Cover all supplies, cut-offs and traps. ram, • PART 3-EXECUTION 3.01 INSTALLATION A. Install materials and systems in accordance with manufacturer's instructions and approved submittals. Install materials and systems in proper relation with adjacent construction and with f'.., uniform appearance. Coordinate with work of other sections. B. Restore damaged finishes and test for proper operation. Clean and protect work from damage. rvh, END OF SECTION • robA TOILET AND BATH ACCESSORIES 10800- 1 t SECTION 13100 PRE-ENGINEERED BUILDING COMPONENTS PART 1 -GENERAL 1.00 GENERAL COMMENTS: (eb, A. The general and special conditions of these specifications shall both be considered as a part of this section insofar as they may be termed applicable whether attached,or not. B. Cooperation by the contractor for work of this section of the specifications with all other trades is mandatory, so that all phases of the work may be properly coordinated without delays or damage to any parts of any work. C. The contractor shall provide all items, materials, operations listed or scheduled on the drawings and/or herein, including all labor, materials, equipment and incidentals necessary for their completion. 1.01 SUMMARY: Refer to Drawings for scope of work. Cy A. Structural design by registered engineer from the state of Texas. B. Fabrication and delivery to job site of: 1. Wall Girls per Drawings at existing wall openings. a. Please note that wall girts may not be braced to main frame or wind column members. b. Brace as required to existing framed openings. 2. Fascia, Soffit metal, Guttering and.Downspouts per architectural drawings. a. Do not assume use of standard profiles on fascia and guttering. b. Soffit Panels are specified under Section 07412 3. Type"PBA"wall panels per architectural Drawings. a. Color to match existing. 4. Accessories and braces, etc. as required to provide a complete project. 5. Miscellaneous items to complete the project as per the drawings. ("` 1.02 SUBMITTALS AND CERTIFICATIONS A. Submit for approval complete erection drawings for the proper identification and assembly of all building components. These drawings will show anchor bolt settings, transverse cross-sections, sidewall, end wall and roof framing, flashing and sheeting, and accessory installation details. t"''` B. Certifications: Standard drawings and design analysis shall bear the seal of a registered �„� professional engineer upon request. Design analysis shall be on file and furnished by manufacturer upon request. f°b* C. P.E.B. engineer is to design within constraints and code requirements as indicated on Drawings. 1.03 QUALITY ASSURANCE A. Comply with governing codes and regulations: Provide products of acceptable manufacturers I";' , which have been in satisfactory use in similar service for three years. Use experienced installers. Deliver, handle, and store materials in accordance with manufacturer's instructions. B. Standards: AISC, Code of Standard Practice for Steel Buildings and Bridges, and applicable ' regulations. C. Testing: Independent testing laboratory. /111 D. Erection Tolerances: AISC standards. E. Design Loads 1. As per IBC-2003 and the structural drawings. rftc PRE-ENGINEERED BUILDING COMPONENTS 13100- 1 /*))PART 2- PRODUCTS 2.01 BUILDING DESCRIPTION A. Rigid Frame with a roof slope of 5:12 consisting of tapered columns and rafters 1. Follow guidelines on PEB drawings for shape constraints. 2.02 ROOF AND WALL COVERING fl A. Wall panels shall be 26 gauge pre-painted G90 galvanized steel. 2.03 CLIPS r,.> A. All clips shall have factory applied mastic and be designed so that movement between the panel and the clip does not occur. B. High fixed clips: 'Shall-be 4 3/8" in height to accommodate a 1" thermal spacer for added insulation at the purlins. 2.04 SEALANTS AND CLOSURES A. Factory applied sealant used in panel sidelaps shall be a hot melt, foamable mastic-Q41A. B. Field applied sealant used at the endlaps, ridge assembly, and gable flashings shall be 100% • solids, butyl-based elastomeric tape sealer, furnished in roll form or pre-cut to length. Sealant used at the eave shall be a pre-compressed expanding foam sealant tape. C. Outside closures shall be manufactured from the same materials as the roof panels. .� D. Inside closures shall be 18 gauge metal. E. Closure Strips: The corrugations of the roof and wall panels shall be filled with solid or closed- cell, preformed rubber, neoprene or polyethylene closures along the eave, ridge and rake when required for weather tightness. "Th F. Caulk: All gutter and downspout joints, rake flashing laps, ridge flashing laps, doors, windows, and louvers shall be sealed with white or burnished slate pigmented caulk of butyl rubber base. 2.05 FLASHING AND TRIM A. Flashing at the rake (parallel to roof panels) and high eave shall not compromise the integrity of the roof system by constricting movement due to thermal expansion and contraction. B. The panel manufacturer shall supply the flexible membranes if applicable. C. All flashing and trim will be shown on the architectural drawings. r, 2.06 GUTTER, FLASHING AND DOWNSPOUTS fl A. Gutters and Flashing: All standard exterior gutters are 24 gauge galvanized or galvalume steel fl with painted finish in standard color range. Fascia and rake flashing is to be 24. gauge galvanized steel with painted finish in standard color range. In no case shall flashing be less than 26 gauge steel. B. Downspouts: All downspouts shall be 26 gauge galvanized steel with color coordinated finish, rectangular in shape. F•, 2.07 MISCELLANEOUS MATERIAL SPECIFICATIONS: FASTENERS A. Structural Bolts: All bolts used in frame splices and in connections of secondary framing to primary framing shall be zinc plated ASTM A307 or ASTM A325 as required by design. B. Fasteners for Wall Panels: All 'A' and 'PBD' Panels shall be attached to the secondary framing members by means of: 1. Standard: Self-tapping#14 x 1"carbon steel screws as herein described. fl C. Fasteners for Wall Panel Sidelaps: 1. Standard: Self-tapping#14 x 1"carbon steel screws as herein described. PRE-ENGINEERED BUILDING COMPONENTS 13100-2 F (416' D. Blind Fasteners: All blind fasteners shall be 1/8" diameter, high strength aluminum pull rivet (4116' type ADH. (: 2.10 STRUCTURAL PAINTING E. All uncoated structural steel shall be cleaned of all foreign matter and loose scale in accordance with SSPC-2 and given a one mil. coat of red oxide primer. Primer shall be applied by the use of airless handguns. Primer generally'meets or exceeds the performance requirements of Federal Specification TT-P-636D. ru, F. Light gauge steel members shall be shot blasted and pre-coated with one coat of red oxide primer. Some hand sprayed shop touch-up may be employed. ("'+ G. Abrasions caused by handling after painting are to be expected. Primer shall be furnished for touch-up or field paint as specified in the contract documents. 2.11 INSULATION: Insulation is to be standard 3" vinyl backed blanket insulation applied over wall girls, behind wall panels. (lab' PART 3 - EXECUTION f'b - 3.01 INSTALLATION A. Erection of the system shall be in complete accordance with the manufacturer's erection manual and to the requirements of the engineered shop drawings. (11.1 B. The erection manual shall include procedures and designs to accommodate the out-of-square and out-of-plumb conditions that normally occur in construction. • END OF SECTION I" r411", timk f*1 (404 • t*a r■'+ PRE-ENGINEERED BUILDING COMPONENTS rah, 13100-3 (41",