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R-2012-185-2012-12-10RESOLUTION NO. R2012-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE WESTSIDE LIBRARY AND AUTHORIZING A BUDGET TRANSFER FROM THE GENERAL FUND TO THE CAPITAL PROJECTS FUND. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for construction services associated with the Westside library, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Construction masters, in the amount of $375,000.00. Section 3. The City Manager or his designee is hereby authorized to transfer funds from the General Fund to the Capital Projects Fund for the project, and to execute a contract for construction services associated with the Westside Library. PASSED, APPROVED and ADOPTED this the 10th day of December, A.D., 2012. ATTEST: APPROVED AS TO FORM: 0..„: aL DARRIN M. COKER CITY ATTORNEY C - - - - m )02-, -1/ S: - - ?C A - el TOM REID MAYOR Project Manual for: WESTSIDE LIBRARY STOREFRONT Bid No.: 1013-03 December 17, 2012 Prepared by: Resolution No. R2012-185 Exhibit "A" WILSON ARCHITECTURAL GROUP Architect 5051 Westheimer, Suite 200 Houston, Texas 77056 (713) 621-8714 Project Manual ' for: r(•-• WESTSIDE LIBRARY STOREFRONT ...y .... 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OF SECTION TITLE ' P PAGES 21%,;./i , • of ss- DIVISION 0—BIDDING AND CONTRACT DOCUMENTS 00100 Invitation to Bid 3 00200 Instructions to Bidders 8 00300 Bid Proposal 2 00500 Standard Form of Agreement 7 00610 Performance Bond 2 00611 Payment Bond 2 00612 One-Year Maintenance Bond 2 00615 Partial Waiver of Lien 1 00700 General Conditions of Agreement 36 00700-A Attachment No.1 to General Conditions of Agreement 3 00700-B Attachment No.2 to General Conditions of Agreement 4 00700-C Attachment No.3 to General Conditions of Agreement 10 00800 Special Conditions of Agreement 2 00811 Wage Scale for Engineering Construction 6 00900 Addendum 1 DIVISION 1 —GENERAL REQUIREMENTS 01100 Summary of Work 1 01140 Contractors Use of Premises 2 01290 Change Order Procedures 4 01310 Coordination and Meetings 3 01350 Submittals 6 01420 Referenced Standards 5 01430 Contractor's Quality Control 2 01500 Temporary Facilities and Controls 10 01600 Material and Equipment 3 01630 Product Options and Substitutions 3 01730 Cutting and Patching 3 01760 Project Record Documents 2 01770 Contract Closeout 2 DIVISIONS 2-4—NOT USED. DIVISION 5-METALS 05500 Metal Fabrications 5 DIIVISION 6-WOOD AND PLASTICS 06402 Interior Architectural Woodwork 6 DIVISION 7-THERMAL AND MOISTURE PROTECTION 07841 Through-Penetration Fire stop Systems 6 07920 Joint Sealants 4 Issue for Construction—December 17,2012 00010- 1 of 2 CITY OF PEARLAND TABLE OF CONTENTS DIVISION 8-DOORS AND WINDOWS 08121 Prefabricated Interior Aluminum Frames 3 08211 Flush Wood Doors 4 08305 Access Doors 2 08711 Door Hardware 7 DIVISION 9-FINISHES 09260 Gypsum Board Assemblies 8 09300 Tile 3 09510 Acoustical Ceiling Systems 6 09651 Resilient Floor Tile 4 09681 Carpet Tile 4 09900 Painting 8 09985 Prefinished Panels 4 DIVISION 10-SPECIALTIES 10160 Toilet Partitions 5 10520 Fire Protection Specialties 2 10810 Toilet and Bath Accessories 2 DIVISION 11 —EQUIPMENT 11058 Book Depository 2 DIVISION 12 , 13 ,14—NOT USED. DIVISION 15-MECHANICAL , , Refer to Drawings. ®c.* p.EL H• S,•:5;,, DIVISION 16-ELECTRICAL ki CCA -�,�P, Refer to Drawings. �tJp 4l .• � /7. 6 yco OF ', 'Z 'ri 1 Z END OF SECTION 00010-2of2 NOTICE TO BIDDERS CITY OF PEARLAND,TEXAS Sealed Bids will be accepted until 2:00 p.m., Thursday,November 29, 2012. and read aloud into the public record for the following project: Pearland Westside Library City of Pearland,Texas COP PN: FA1202 BID NO.: 1013-03 The Project entails construction of a 6,000 square foot interior build out in an existing retail shell space. The facility will include a meeting room, storage, public and staff restrooms, workroom, office, library stacks, computer stations, reading areas, and circulation desk. Mechanical, electrical, and plumbing, including a roof top air handling system are also programmed for the facility. The new facility will be a branch of the Brazoria County Library system. A Mandatory Pre-Bid Conference will be held at the City of Pearland City Hall at 3519 Liberty Drive, Pearland, Texas 77581 at 2:00 p.m. on November 15, 2012. All bids should be submitted through the E-Bid system located on the City's website at: www.cityofpearland.org/bids. All interested Bidders are advised to register as a "supplier" on the City's E-Bid System at the above website by clicking on "Supplier Registration" and completing a short registration questionnaire. Electronic Bid Documents, including Plans, Technical (."'\ Specifications and Bid Forms are available for download after registration is approved by City Purchasing office. No plan fees or deposits are required for bid documents obtained through the City's E-bid System. Questions regarding electronic bidding should be directed to City Purchasing Officer at ebids@ci.pearland.tx.us. Bid Documents are also available for review at the City of Pearland's Purchasing Department by appointment(281 652-1600) at the above address or, from the following plan houses: Amtek Plan Room (713) 956-0100 The Associated General Contractors of America, Inc. (713)334-7100 Associated Builders &Contractors of Greater Houston (713) 523-6222 Virtual Builders Exchange (832) 668-5701 McGraw-Hill Construction Dodge Reports (713) 316-9411 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 Bid proposal. See Instructions to Bidders for Bond submittal information and instructions. The City of Pearland reserves the right to reject any or all bids. Young Lorfmg, TRMS City Secretary, City of Pearland First Publication date November 7, 2012 Second Publication date November 14, 2012 2-8-12 rev 1 00100-1 of 1 CITY OF PEARLAND INVITATION TO BID Section 00100 INVITATION TO BID CITY OF PEARLAND, TEXAS Sealed Electronic Bids will be accepted for the following project, in the City's E-bid System. Electronic bids shall be submitted through the City's web site at: www.cityofpearland.org/bids. All interested Bidders are required to register as a "supplier" on the City's E-bid System at-the above web address and clicking,on "Supplier Registration". Registration provides automatic access to any changes to the Plans, Specifications or Bid time and date. However, submission of an E-bid requires completing a short registration questionnaire found on this web site. For more information regarding registration instructions, see INSTRUCTIONS TO BIDDERS, Section 00200, included in the project bid documents viewable on the web site. Questions regarding electronic bidding should be directed to City Purchasing Officer at ebids@ci.pearland.tx.us. All Bids submitted electronically will remain confidential until the opening date and time when they will be opened and read into the public record. Bids, shall be submitted on the form provided in the E-bid System and submitted electronically through this system to the City Purchasing Officer, City of Pearland, City Hall located at 3519 Liberty Drive, Pearland, Texas 77581. Electronic bids will be accepted until 2:00 p.m., Thursday,November 29, 2012. All Bids shall reference the following project information in the appropriate locations in provided electronic format. All properly submitted bids shall be publicly "opened" and read aloud into the public record following the closing of the acceptance period for the construction of: Pearland Westside Library City of Pearland,Texas COP PN: [FA1202 BID NO.: [1013-03 A mandatory pre-bid conference will be held at the City of Pearland City Hall at 3519 Liberty Drive, Pearland, Texas 77581 at 2:00 p.m. on November 15, 2012. The project will entail a 6,000 square foot interior build out in an existing retail shell space. The facility will include a meeting room, storage, public and staff restrooms, workroom, office, library stacks, computer stations, reading areas, and circulation desk. Mechanical, electrical, and plumbing, including a roof top air handling system are also programmed for the facility. The new facility will be a branch of the Brazoria County Library system. 3-7-2012 00100- 1 of 3 CITY OF PEARLAND INVITATION TO BID • Upon award of a contract, the successful Bidder will be required to utilize the City's web based project management software, "Pro-Trak" for the administration of the construction project, including but not limited to, all transmittals and material submittals, RFI's, RFC's, Change Orders, Applications for Payment and all project communications with the City, its Construction Manager and Engineer. This system has certain hardware, internet access and operation requirements that form the basis for all project communications, documentation and records for the project. For more information, see INSTRUCTIONS TO BIDDERS, Section 00200. Electronic Bid Documents: including Contract Documents, Plans and Technical Specifications are available for download on the City's Website at: www.cityofpearland.org/bids upon registration. The documents are NOT viewable without registration. These same documents are also available at the following locations. City of Pearland, City Hall (281) 652-1600 Purchasing Department 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) 316-9411 10606 Hempstead Rd., Suite 110 Houston, Texas 77092 No plan fees or deposits are required for plans and bid documents obtained through the City's E- bid System. BIDDERS MUST REGISTER AS A SUPPLIER ON THE CITY'S E-BID SYSTEM IN ORDER TO SUBMIT A BID EVEN IF BID DOCUMENTS ARE OBTAINED VIA ONE OF THE PLAN HOUSES. Bidders accept sole responsibility for downloading all of the required documents, plans, specifications bid forms and addenda required for bidding. No bid may be withdrawn or terminated for a period of 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). 3-7-2012 00100-2 of 3 CITY OF PEARLAND INVITATION TO BID Bid Security and Bonds: Bid Security in the form of Cashier's Check, Certified Check, or Bid Bond payable to the City of Pearland in the amount of 5% of the total base bid price must accompany each proposal. Bidders submitting bids electronically through the E-bid System shall scan and up-load a copy of the sealed Bid Bond as an attachment to their bid. Original Bid Bonds shall be delivered to the City's Purchasing Officer_prior to the opening of bids. Bid bonds shall be delivered to: Office of City Purchasing, Finance Department, 2nd Floor City Hall, 3519 Liberty Drive,Pearland, Texas 77581. The successful Bidder must furnish Performance and Payment Bonds as required by Chapter 2253 of the Texas Government Code or other applicable law, as amended, upon the form included in the Contract Documents, in the amount of one hundred percent (100%) of the contract price, such bonds to be executed by a corporate surety duly authorized to do business in the State of Texas, and named in the current list of "Treasury Department Circular No. 570", naming the City of Pearland, Texas as Obligee. Additionally, the successful bidder shall be required to provide a one year Maintenance Bond for the improvements installed as part of this work, as provided in the Special Conditions of Agreement. Equal Opportunity: All responsible bidders will receive consideration for award of contract without regard to race, color,religion, sex, or national origin. Selection Criteria: If the Contract is to be awarded on the basis of Lowest Responsible Bidder the City will consider: 1) lowest total bid price for all work listed and specifically requested, including but not limited to, Base Bid, Extra Work or Alternates. If the Contract is to be awarded on the basis of provision of the "Best Value", 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 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 purposes of correcting an error in the bid price. Young Lolling, TRMS City Secretary, City of Pearland First Publication date November 7, 2012 Second.Publication date November 14, 2012 3-7-2012 00100-3 of 3 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Section 00200 INSTRUCTIONS TO BIDDERS' 1. Defined Terms 1.1 The term "Owner" hereinafter is defined as the City of Pearland and is used interchangeably with the term"the City". Both terms are synonymous and refer to the City. 1.2 The term "Bidder" means one who submits a Bid Proposal directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Apparent Low bidder"is defined as the Bidder having submitted the lowest responsible bid prior to an official award of a contract. The term "Successful Bidder" means the lowest responsible Bidder to whom the Owner (on the basis of Owner's evaluation as hereinafter provided) awards a,contract to. The term "Bid Documents" includes the Invitation to Bidders, Instructions to Bidders, the Bid Proposal, and the proposed Contract Documents (including all Addenda issued prior to receipts of bids). 1.3 The term"E-bid System"refers to the City's electronic bidding system. This is a web- based system that provides all Bid Documents electronically to potential Bidders and forms the pathway for interested Bidders to submit bids in response to advertisement and invitation. The term "e-bid" and/ or "electronic bid" means the Bidders' electronic response submitted on the electronic Bid Proposal to the Owner by way of the E-bid System. The terms "electronic bid" or"e-bid" are used inter-changeably to describe the above bid process to submit an authorized bid to the City in response to an Invitation to Bidders. 1.4 The term "Pro-Trak" means the City's web-based contract administration and construction records management system used by involved parties to administer the project. This system serves as the web accessed centralized information distribution hub for communications and document management, pay application processing and record retention for all project documentation. Operational instructions for this system will be issued to the successful Bidder at the pre-Construction Meeting. 1.5 All other definitions set out in the Contract Documents are applicable to terms used in the Bidding Documents. 1.6 Unless otherwise expressly provided herein, all references to "day(s)" shall mean consecutive calendar day(s). 2. Registration for E-bid System 2.1 The Owner's E-bid System is accessible via the City's web site at www.cityofpearland.org/bids. Bid documents can be viewed by simply selecting a specific project from the BID OPPORTUNITIES list and clicking on that project AFTER registration as a Supplier. Potential Bidders MUST REGISTER as a "Supplier" by clicking on the Supplier Registration button and completing the registration form. Registrants must provide data for all categories marked with a"*"and must select the following project bid categories: 00200-1 of 8 05-9-2012 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Building Construction Services,New(includes Maintenance and Repair) Construction Services, General " Construction Services, Heavy " " Construction Services,Trade (new construction) Select the appropriate Time Zone for the Bidder's location and whether that location observes Daylight Savings time. Complete the registration information providing all required contact information and establish password security for the E-bid System. Once complete, "suppliers" will receive emails notifying of bid opportunities. Downloading any project bid data will automatically place the bidder's contact information on the list of plan holders list and the E- bid System will automatically send any and all updates, changes or addenda associated with that project. 2.2 The electronic Bid Proposal can only be submitted through this system. The form can be printed for Bidder's use, but the Bid Proposal MUST be submitted on the electronic form within the E-bid System. 2.3 Questions regarding use of the E-bid System may be directed by email to:. ebids@ci.pearland.tx.us. 3. Copies of Bidding Documents 3.1 Complete sets of "electronic" Bidding Documents are available for download to registered Bidders at No Cost from the City's E-bid System at: www.cityofpearland.org/bids. (4'7 Interested Bidders must register as a "Supplier" on this site in order to receive the Bid Documents, and all Addenda or other notifications of changes, including communications from the Owner or Engineer. All Bid Documents are available to download and print. 3.2 The Bidder accepts sole responsibility for ensuring that he obtains a full set of these documents by completing the registration and executing a full and complete download of the project documents. Downloading of Bid Documents automatically ensures receipt of any and all subsequent communications from the City or its Engineer. 3.2 Copies of Bidding Documents are available or may be viewed at any of the Plan Houses listed in the Invitation to Bidders. It is recommended that all interested Bidders, whether bidding directly to the Owner or Sub-bidders bidding to a Bidder, register as a Supplier and download the project Bid Documents. 3.3 Complete sets of Bidding Documents must be used in preparing Bid Proposals; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents including, but not limited to all Addenda issued prior to bid. 3.4 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bid Proposals on the Work, and do not confer a license or grant for any other use. 4. Qualifications of Bidders 05-9-2012 00200-2 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 4.1 In determining to whom to award a contract, the City of Pearland may consider, in addition to.the other selection criteria identified in section 16 of these Instructions to Bidders, the following Qualifications of Bidder, and each Bidder must be prepared to submit within two (2) days of Owner's request any or all of such Qualifications requested:. 1) A brief narrative of previous experience of the Bidder with projects of a similar nature and scope; 2) A list, including owner name and project location, of on-going projects and contracts for construction of projects of the Bidder which are not yet substantially complete; 3)A list of proposed subcontractors and suppliers for the project being bid; 4) A list of name, address and telephone number of references for projects completed by Bidder; and 5) A Financial Statement of Bidder, consisting of the balance sheet and annual income statement of Bidder for the Bidder's last fiscal year end preceding the submission of the Bid Proposal, which has been audited or examined by an independent certified public accountant. The Financial Statement of Bidder shall be used to determine a Bidder's net working capital, which is defined as current assets less current liabilities. A Bidder's net working capital shall be considered evidence of the Bidder's ability to provide sufficient financial management of the project being bid. The Bidder's Financial Statement shall be clearly and conspicuously marked as "confidential", and shall be deemed and treated as confidential and excepted from the Public Information disclosure requirements of Texas Government Code Section 552.001 et seq., as such information, if released, would give advantage to a competitor or bidder, and/or would cause substantial competitive harm to Bidder. 5. Examination of Contract Documents and Site 5.1 It is the responsibility of each Bidder before submitting a Bid Proposal, to (a) examine the Bidding Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors, omissions or discrepancies in the Contract Documents, (f) to recognize and plan for use of the City's "Pro-Trak" software to administer the construction process and perform the work of the project. 5.2 Any reports of explorations and tests of conditions at the site which have been utilized by the Engineer in preparation of the Contract Documents will be made available to Bidders for review, but such reports, are not part of the Contract Documents. Bidder may not and should not rely upon the accuracy of the data contained in such reports, interpretations or opinions contained therein, or the completeness thereof, for the purposes of bidding or construction. 5.3 Information and data reflected in the Contract Documents with respect to underground utilities, equipment or other underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof. 05-9-2012 00200-3 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 5.4 Before submitting a Bid Proposal, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid Proposal prices for performing and furnishing the Work in accordance with the Contract Time, Contract Price and other terms and conditions of the Contract Documents. 5.5 On request in advance, Owner will provide each prospective Bidder access to the site to conduct such explorations and tests as each prospective Bidder deems necessary for submission of a Bid Proposal. Prospective Bidders shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 5.6 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands, access thereto or contractual arrangements for use by the Contractor required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 5.7 The submission of a Bid Proposal will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid Proposal is premised upon performing and furnishing all of the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in, required by or reasonably inferred from the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. Interpretations and Addenda 6.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered or transmitted by electronic means to all registered Bidders in the City's E-bid System. Questions received less than five (5) days prior to the date for opening of Bid Proposals may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. Addenda will automatically be made available to all registered Bidders that have downloaded Bid Documents from the City's E-bid System. 7. Bid Security 7.1 Each Bid Proposal must be accompanied by bid security made payable to Owner in ! an amount of five percent (5%) of the Bidder's maximum Bid Proposal price, in the form of a certified check, cashier's check or a Bid Bond("Bid Security"). 05-9-2012 00200-4 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 7.2 Bidders submitting bids through the E-bid System shall scan and up-load a copy of their Bid Security (sealed Bid Bond, Certified Check or Cashier's Check ) as an attachment to their electronic bid. Original documents for Bid Security shall be requested by the City from the two lowest bidders and delivered to the City's Purchasing Officer within 48 business hours of the Bid Opening. Bid Security shall be delivered to: Office of City Purchasing,Finance Department, 2nd Floor City Hall, 3519 Liberty Drive, Pearland, Texas 77581. 7.3 The Bid Security of the two lowest Bidders will be retained until such time as Apparent Low Bidder has executed the Standard Form of Agreement, and furnished the required Performance and Payment Bonds, whereupon the Bid Security of both Bidders will be returned. If the Successful Bidder fails to execute and deliver the Standard Form of Agreement and furnish the required performance and payment bonds within ten(10) days after the Notice of Award, Owner may annul the Notice of Award and shall be entitled to make a claim against the Bid Security. The Bid Security of other Bidders will be retained until the Contract is awarded and the Standard Form of Agreement becomes effective, or all bids are rejected, whereupon Bid Security furnished by all such Bidders will be returned. 8. Contract Time 8.1 The number of days in which the Work is to be Substantially Completed, as set forth in the Bid Proposal form and the Standard Form of.Agreement, subject to such extension of time as may be due under the terms and conditions of the Contract Documents ("Contract Time"). All references to "time" or"days" shall be interpreted as consecutive calendar days. 9. Liquidated Damages and Early Completion Bonus 9.1 Provisions for liquidated damages and early completion bonus, if any, are set forth in the Standard Form of Agreement. 10 Substitute or "Or-Equal" Items 10.1 The Contract, if awarded, will be on the basis of the selected materials and equipment described in the Plans or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Plans or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by the Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Agreement becomes effective. All "or-equal" references shall be interpreted to mean "or approved equal". The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in the Contract Documents. 11. Bid Form 11.1 The Bid Proposal form (Section 00300 — Bid Proposal) is included with the Bidding Documents when downloaded. This Document must be printed and signed, as required below, and then uploaded as an Attachment to the Bid. All E-bids must be submitted on the City's official E-bid System Bid Proposal document. All blanks on the Bid Proposal form must be completed or filled in. The Bidder shall bid all Alternates, if any. Incomplete Bid Proposals may be cause for rejection. 05-9-2012 00200-5 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 11.2 Bid Proposals by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied be evidence of authority to sign) J and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. Once executed the document is to be uploaded as an attachment to the Bid. 11.3 Bid Proposals by partnerships must be executed in the partnership name and signed by a general partner, whose title must appear under the signature, and if a corporate general partner, executed as required above for corporations and the official address of the partnership must be shown below the signature. All names must be typed or printed below the signature. Once executed the document is to be uploaded as an attachment to the Bid. 11.4 The Bidder shall acknowledge receipt of all Addenda (the number of which must be filled in on the Bid Proposal form). 11.6 The address and telephone number for communications regarding the Bid Proposal must be shown on the Bid Proposal form. - 12. Submission of Bid Proposals 12.1 The place, date and/or time designated for opening Bid Proposals may be changed in accordance with applicable laws,codes and ordinances. Any such changes to the Bid Schedule shall be made by Addenda. 12.2 Electronic Bids shall be submitted per the requirements, instructions, terms and conditions as stated in the registration and submittal instructions of the City's E-bid System electronic bidding software. All Bidders utilizing this system MUST register as a potential supplier, (Bidder). E-Bids are submitted directly via the City's Web based system located at www.cityofpearland.org/bids. Bid Proposals submitted after the bid date and time will be rejected. 13. Modification and Withdrawal of Bid Proposals 13.1 Prior to submission, E-bid Bid Proposals may be modified or withdrawn without prejudice. 13.2 Once submitted, Bid Proposals may only be modified by an appropriate document duly executed (in the manner that a Bid Proposal must be executed) and delivered to Office of City Purchasing, Finance Department, 2"a Floor City Hall, 3519 Liberty Drive, Pearland, Texas 77581 and submitted any time prior to the opening of Bid Proposals. 13.3. A Bidder may not modify or withdraw its Bid Proposal by facsimile or verbal means. A withdrawn Bid Proposal may be resubmitted prior to the designated time for opening Bid Proposals. No bid may be withdrawn or terminated for a period of sixty (60) days subsequent to the bid opening date without the consent of the City of Pearland. 13.4 If, within twenty-four (24) hours after Bid Proposals are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material mistake in the preparation of its Bid Proposal, (" that Bidder may request to withdraw its Bid Proposal and the bid security may be returned or, at the discretion of the Owner, Owner may make a claim against the bid security. Thereafter, 05-9-2012 - 00200-6 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS that Bidder will be disqualified from further bidding on the Project to be provided under the Contract Documents. 14. Opening of Bid Proposals 14.1 Bid Proposals will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of the base Bid Proposals and major alternates (if any) will be made available to Bidders after the opening of Bid Proposals. Bid Proposals, in their entirety, shall be open for public inspection after the contract is awarded, with the exception of any trade secrets or confidential information contained therein, provided Bidder has expressly identified any specific information contained therein as being trade secrets or confidential information. 15. Bid Proposals to Remain Subject to Acceptance 15.1 All Bid Proposals will remain subject to acceptance for sixty (60) days after the day of the Bid Proposal opening, but Owner may, in its sole discretion, release any Bid Proposal and return the bid security prior to that date. 16. Award of Contract 16.1 Owner reserves the right to reject any and all Bid Proposals, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. Owner may reject a bid as non-responsive if: 1) Bidder fails to provide required Bid Security; 2) Bidder improperly or illegibly completes or fails to complete all information required by the Bidding Documents; 3)Bidder fails to sign the Bid Proposal or improperly signs the Bid Proposal; 4) Bidder qualifies its Bid Proposal; 5) Bidder tardily or otherwise improperly submits its Bid Proposal;,6) Bidder fails to submit the Qualifications of Bidder as required under section 3 of these Instructions to Bidders; or 7) Bid Proposal is otherwise non-responsive. Contracts are awarded on the basis of one of the following criteria: A)provision of the "Best Value"or B) Lowest Responsible Bidder 16.2 Best Value. In determining the best value for the Owner, and in determining to whom to award a contract, Owner may consider: 1) purchase price; 2) reputation of the Bidder and Bidder's goods or services; 3) quality of Bidder's goods or services; 4) extent to which the goods or services meet the Owner's needs; 5) Bidder's past relationship with the Owner; 6) impact on the ability of Owner to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; 7) total long-term cost to Owner to acquire Bidder's goods or services; 8) the Qualifications of Bidder; and 9) any other relevant criteria specifically listed in the Bidding Documents. A contract to be awarded to the Bidder offering the Best Value may be let on either a lump sum basis or a unit cost basis dependent on the Bid Proposal format. 16.3 Lowest Responsible Bidder. In determining Lowest Responsible Bidder, Owner will consider: Lowest Total Bid price for all work including Base Bid, Extra Work and Alternates, if any, and any other cost criteria. Additional evaluation criteria may include: the Qualifications of the Bidders, whether or not the Bid Proposals comply with the prescribed 00200-7 of 8 05-9-2012 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS requirements, and such alternates, unit prices and other data, as may be requested in the Bid Proposal form or prior to the Notice of Award. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. A contract to be awarded to the Lowest Responsible Bidder may be let on either a lump sum basis or a unit cost basis dependent on the Bid Proposal format. Acceptance of any and all bids may be conditioned on compliance with the requirement for attendance of the mandatory pre-bid meeting. 16.4 In either case, Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid Proposal and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents, to Owner's satisfaction,within the Contract Time. 17. Contract Security 17.1 When the Successful Bidder delivers the executed Standard Form of Agreement to Owner, it must be accompanied by the Performance, Payment, Maintenance and Surface Correction Bonds required by the Contract Documents. Bonds may be on the forms provided herein or an equal form containing no substantive changes, as determined by Owner. (da} 1 18. Signing of Agreement 18.1 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Standard Form of Agreement, and the required Performance and Payment Bond forms. Within ten (10) days thereafter Contractor shall sign and deliver the required number of counterparts of the Standard Form of Agreement to Owner with the required Bonds. Within ten (10) days thereafter, Owner shall deliver one fully signed counterpart to Contractor. There shall be no contract or agreement between Owner and the Successful Bidder until proper execution and attestation of the Standard Form of Agreement by authorized representatives of the Owner. 19. Pre-bid Conference 19.1 A pre-bid conference will be held as indicated in the Invitation to Bid. Attendance at the pre-bid conference is MANDATORY to fulfill the prerequisite requirements for Bidders bidding directly to the Owner. 20. Retainage 20.1 Provisions concerning retainage are set forth in the Contract Documents. END OF SECTION 05-9-2012 00200-8 of 8 CITY OF PEARLAND BID PROPOSAL Section 00300 BID PROPOSAL Date: Bid of , an individual proprietorship/a corporation organized and existing under the laws of the State of Texas/a partnership consisting of , for the construction of: Pearland Westside Library City of Pearland,Texas COP PN: FA1202 BID NO.: 1013-03 (Submitted in Electronic format) To: The Honorable Mayor and City Council of Pearland City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Pursuant to the published Invitation to Bidders, and Instructions to Bidders, the undersigned Bidder hereby proposes'to perform all the work and furnish all necessary superintendence, labor, machinery, equipment,-tools and materials, and whatever else may be necessary to complete all the work described in or reasonably inferable from the Contract Documents for the construction of the Pearland Westside Library with all related appurtenances, complete, tested, and operational, in accordance with the Plans, and Specifications prepared by the Architect, Wilson Architectural Group, 5051 Westheimer Rd., Suite 200, Houston, Texas 77056, under the City of Pearland's inspection for the unit prices or applicable prices set forth in Exhibit "A", the electronic bid form as contained in the City's E-bid system, which, once fully executed and submitted shall constitute a legal and executable proposal from the Bidder. It is understood that, in the event any changes are ordered on any part of the Work, the applicable unit prices bid shall apply as additions to or deductions from the total prices for the parts of the Work so changed. The Bid Security required under the Instructions to Bidders is included and has been uploaded as an attachment within the E-bid system and, that a fully executed, signed and sealed hard copy has been delivered to the Office of City Purchasing, Finance Department, 2nd Floor, City Hall, 3519 Liberty Drive, Pearland Texas 77581. The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial Statement of Bidder, as required by the Instructions to Bidders if requested to do so as a condition of the Bid review. The Bidder binds himself, upon acceptance of his proposal, to execute the Standard Form of Agreement and furnish a Performance Bond and a Payment Bond, each in the amount of one hundred percent (100%) of the total Contract Price, according to the forms included in the Contract Documents, for performing and completing the said work within the time stated and for the prices stated in Exhibit "A" of this proposal along with all required insurance in the required amounts. 12-2-2011 00300- 1 of 2 CITY OF PEARLAND BID PROPOSAL The undersigned Bidder agrees to commence work within 10 days of the date of a written notice to commence work. It is understood that the Work is to be Substantially Complete within One Hundred-Twenty (120) days after the date of the notice to commence work. Time for Substantial Completion shall begin on the date established by the notice to commence work. The Contractor will pay liquidated damages in the amount(s) specified in Document 00500 — Standard Form of Agreement in the event the Work is not Substantially Complete in this time limit. It is agreed that the Contract Price may be increased or decreased to cover work added, altered, or deleted by order of the Engineer, in accordance with the provisions of the General Conditions of Agreement. The undersigned agrees that the amounts bid in this Bid Proposal will not be withdrawn or modified for sixty (60) days following date of Bid Proposal opening, or such longer period as may be agreed to in writing by the City of Pearland and Bidder. It is understood that in the event the Successful Bidder fails to enter into the Standard Form of Agreement and/or to furnish a Performance Bond and Payment Bond, each in the amount of one hundred (100) percent of the Contract Price, along with all required insurance in the stated amounts within ten (10) days of the Notice of Award, the Successful Bidder will forfeit the Bid Security as provided in the Instructions to Bidders. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s). The Bidder acknowledges that the following Addenda have been received. The modifications to the Bidding Documents noted therein have been considered and all costs thereto are included in the Bid Proposal prices. Addendum No.: Date: Addendum No.: Date: Addendum No.: Date: Addendum No.: Date: Bidder hereby represents that the only person or parties interested in this offer as principals are those named . Bidder has not directly or indirectly entered into any agreement,participated in any collusion, or otherwise taken any action in restraint of free competitive bidding. Firm Name: By: Title: Address: Phone No: ATTEST: (Seal, if Bidder is a Corporation) (Typed or Printed Name) Signature Date: END OF SECTION 12-2-2011 00300-2 of 2 n CITY OF PEARLAND STANDARD FORM OF AGREEMENT Section 00500 STANDARD FORM OF AGREEMENT THIS AGREEMENT is by and between City of Pearland (hereinafter called OWNER or City) and Construction Masters of Houston,Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all work as specified or indicated in or reasonably inferable from the Contract Documents (hereinafter the "Work"). The Work is generally described as follows: City of Pearland Commercial Build-out for Westside Library Storefront 2803 Business Center Dr., Suite 101 City of Pearland, Texas COP PN: FA 1202 BID NO.: 1013-03 Article 2. ENGINEER The Work has been designed by Wilson Architectural Group, 5051 Westheimer, Suite 200, Houston, TX 77056 , who is hereinafter called ENGINEER and who is to assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work will be Substantially Complete (as defined in Article 1 of the General Conditions) within ONE HUNDRED-TWENTY (120) days (including weekends and holidays) from the date when the Contract Time commences to run as provided in paragraph 5.01 of the General Conditions (as revised in the Special Conditions if applicable), and completed and ready for Final Payment within ONE HUNDRED- FIFTY (150) days from the date when the Contract Time commences to run. No work will be allowed on Sundays. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 5 of the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER FIVE HUNDRED 10-2012 00500- 1 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT dollars ($500.00) for each day that expires after the time specified in paragraph 3,1 C1°- for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time set out in the Certificate of Substantial Completion or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER FIVE HUNDRED dollars ($500.00) for each day that expires after the time specified in the Certificate of Substantial Completion for completion and readiness for Final Payment. 3.3 Inspection Time. Working hours for the Pearland Inspection personnel are from 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding City approved holidays. The Contractor shall notify the OWNER of any required inspection overtime work • at least 48 hours in advance and shall pay the overtime wages for the required City inspections. Article 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work in strict accordance with the Contract Documents in current funds $ 375,000.00 (the "Contract Price"). The Contract Price includes the Base Bid and Alternate(s), if applicable, 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 Section 6.0 "Measurement and Payment" of the General Conditions. Application for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER as provided below. All progress payments will be on the basis of the progress of the Work and actual quantity of Work completed, in accordance with Article 6 "Measurement and Payment" of the General Conditions. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage or actual quantity of Work complete, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions. The OWNER shall make payment within 30 days of receipt of application for payment by the ENGINEER. 5.1.2 Each progress payment shall be less retainage as specified in Paragraph 6.06 of the General Conditions, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may upon 10-2012 00500-2 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT written recommendation of the ENGINEER pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER's option, maybe relieved of the obligation to fully complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under"Final Payment." 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 6.09of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 6.09. Article 6. INTEREST Interest on any overdue payment from OWNER to CONTRACTOR shall be paid in accordance with the provisions of Chapter 2251.025 of the Texas Government Code, as amended. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all available surveys, assessments, reports of explorations, investigations, and tests of subsurface conditions and drawings of physical conditions of the site. -Such technical reports and drawings are not Contract Documents, and Owner makes no representations or warranties as to the accuracy of such documents or information, or to whether or not they are complete, comprehensive, or all-inclusive. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work ,and CONTRACTOR assumes the risk of such subsurface and physical conditions, and shall furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations,tests, reports, and studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract documents with respect to existing underground facilities 10-2012 00500-3 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and finish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies in the Contract Documents of which Contractor knew or should have known, and CONTRACTOR shall perform the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including any written resolution of any such conflict, error or discrepancy by ENGINEER. In the event of a conflict that was not brought to the OWNER's or ENGINEER's attention prior to the bid, the CONTRACTOR is assumed to have bid the most expensive alternative. Article 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consist of the following, each of which are incorporated herein by reference: 8.1 Standard Form of Agreement(Section 00500). 8.2 Performance, Payment, and/or Maintenance Bonds (Sections 00610, 00611, and 00612). 8.3 General Conditions of Agreement (Section 00700), including Attachment No. 1 Workers' Compensation Insurance Coverage, Attachment No. 2 Agreement for Final Payment and Contractor's Sworn Release, and Attachment No. 3 Owner's Insurance Requirements of Contractor. 8.4 Special Conditions of Agreement(Section 00800). 8.5 Plans, consisting of sheets numbered 1 through _23_ inclusive with attachments with each sheet bearing the following general title: Pearland Commercial Build-out for Westside Library Storefront 8.6 Instructions to Bidders and CONTRACTOR's Bid Proposal, including any Addenda referenced therein. 8.7 Technical Specifications for the Work. ("lb.\ 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. 10-2012 00500-4 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended,modified or supplemented as provided in the General Conditions. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Section 1, "Definitions and Interpretations" of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from Substantial Completion against defects in materials and workmanship. CONTRACTOR agrees to repair or replace any defective work within this warranty period immediately unless such repairs require long lead time materials and equipment in which case CONTRACTOR shall provide an agreeable schedule for repairs at no additional cost to OWNER. 9.5 The Work will be completed according to the Contract Documents and in accordance with codes, ordinances, and construction standards of the City of Pearland, and all applicable laws, codes and regulations of governmental authorities. 9.6 In the event any notice period required under the Contract Documents is found to be shorter than any minimum period prescribed by applicable law, the notice period required shall be construed to be the minimum period prescribed by applicable law. 9.7 This Contract and the Contract Documents, insofar as they relate in any part or in any way to the Work undertaken therein, constitute the entire agreement between the parties hereto, and it is expressly understood and agreed that there are no agreements or promises by and between said parties, except as aforesaid, and that any additions thereto or changes shall be in writing. 9.8 The provisions of this Contract shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and the intent of the 10-2012 00500-5 of 7 ' r CITY OF PEARLAND STANDARD FORM OF AGREEMENT parties, but if for any reason any provision is unenforceable or invalid, such provisions shall be deemed severed from this Contract and the remaining provisions shall be carried out with the same force and effect as if the severed provision had not been part of this Contract. 9.9 The headings of the paragraphs are included solely for the convenience of reference and if there is any conflict between the headings and the text of this Contract, the Contract text shall control. 9.10 The waiver of any breach hereof shall not constitute a waiver of any subsequent breach of the same or any other provision hereof. Failure by the OWNER in any instance to insist upon observance or performance by CONTRACTOR shall not be deemed a waiver by CONTRACTOR of any such observance or performance. No waiver will be binding upon OWNER unless in writing and then will be for the particular instance only. Payment of any sum by OWNER to CONTRACTOR with knowledge of any breach or default will not be deemed a waiver of such breach or default or any other breach or default. 9.11 The CONTRACTOR acknowledges that the OWNER(through its employee handbook) considers the following to be misconduct that is grounds for termination of an employee of the OWNER: Any fraud, forgery,misappropriation of funds, receiving payment for services not performed or for hours not worked,mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting ` reimbursement of expenses made for the benefit of the OWNER. The CONTRACTOR agrees that it will not, directly or indirectly; cause an employee of the OWNER to engage in such misconduct. 10-2012 00500-6 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and one to CONTRACTOR. This Agreement will be effective upon execution and attestation by authorized representatives of the City of Pearland and upon the following date: December 10 , 20 12 OWNER: CONTRACTOR: CITY OF PEARLA Jc-17o; 1 v S By: By: drido Title: Title: L)I C fCR Date: AZ /D 2P/2. Date: 12 "` I - I Z (Corporate Seal) ATTEST ATTEST i/i( ctrA41/}-- Address for giving notices .�QSARL Construction Masters of Houston, Inc. P. 0. Box 1587 IA IN ios. Pearland, TX 77588 Phone: 281-997-2640 Fax: 281-485-4702 Agent for service of process: END OF SECTION 10-2012 00500-7 of 7 CITY OF PEARLAND PERFORMANCE BOND Section 00610 Bond No. 54-191261 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS:That Construction Masters of Houston,Inc. of the City of Pearland ,County of Brazoria , and State of Texas, as principal, and United Fire&Casualty Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner),in the penal sum of$ 375,000.00*** for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns,jointly and severally,by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the day of , 20_, (the"Contract") to commence and complete the construction of certain improvements described as follows: Pearland Westside Library Storefront City of Pearland,Texas COP PN: FA1202 BID NO.: 1013-03 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract Work and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and Contract Documents, then this obligation shall be void;otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time,alteration or addition to the terms of the Contract,or to the Work to be performed thereunder. 07/2006 00610- 1 of 2 CITY OF PEARLAND PERFORMANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument �f this 21st day of December , 2012. Principal: Surety: Constructio rs of Houston,Inc. United Fire&Casualty Company / J 1 By: , By: ( to Title: VP Title: Donna Weinel,Attorney-in-Fact Address: Address: P.O.Box 1587 118 Second Avenue S.E. Pearland,Texas 77588 Cedar Rapids,Iowa 52401 Telephone: (281)997-2640 Telephone: (800)343-9130 Fax: (281)485-4702 Fax: (319)399-5425 NOTICE:THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 07/2006 - 00610-2 of 2 .. . . ..... ... . .. ... . . ...._.. ,.. ... : ... „ •... „... .. „ .„ . . .. ... . . , • - • •-• ;•-• • •-; .• •-• •-• ---.: .. ....::. •N .,•••:','•,',';.--:-.:";.:.•,.:,••::•7',...i.'-, •••••.. ,::... ..„.,.: s,., ---.:;•••••:-"4::.Indeehnity c0111)prY., .. - .-....,.,:. • ,.....,..., ...„ :,-,.,. ...,. .....,-: ,......,..,..-.:. .....,....;,..?,. -.-...-... ..,-, -.:s-,- .-,...--;:. _ United fir, ...,.. --:'•:-:".••:'''.--::,-,i'..,..::--.,-..,..--- ... ..-, ....... .,..:.-..:•„::,?1-:."r.".-:'-. '-:',.::-., •-•:':' -.:;.;'. '''i!..b.:....:-.:. -,,-.;:•'..i.: .';-:':' ..::...... :.... ,--;,• •:. 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KNOWALL PERSONS corporationai.f-ESE43RESENTkl4t1UP464'F!re8'Cllt' QPnWf"3[ ' :-•.•.•.'.;s..:.,..4a:..::.,... ..•,:..l..,y,:,..:: organized:..:,,:..:-.•.- :,-•.._-..,..'-;:.::..„•,:i..:.;..,..•...•.-:,,...,...4.......-.:,:.-..:",,'.:,-,..'.-...•-,;.a..-._......::n..••:d,.••:.:-.--.-..e-. .x i1:..:...-...s. t-.:i,i..n g laws Iowa,.and United Fire-# Indemnity Company 4.tor0Oritioifd0Y organized and eXiSti14=undar helawsoi.:.'...-f Texas collectively:called-the,6060dhio ) nd having its PiticiPat2CffiCein:Ce0af:301d );sit6:6ft6Wi.00ei.peej constitute andapp&iit,4:i: sfiQTW1-;4j32OR MARK $MITH : BUSH OR FAT EALL,,OR J0SEPH C.CHARLES4 aac$HEAR - 1 - iibtN0WEiNOL ALL iiibuAtii : it,TikAs atYJ) -...:,...,..1,,,..:..)..:.„...;--:...-.:....e-::.-...:...:-...•.......,,... ::- ..::.. ..,, • . . : . .,... ...... ...,..:. ::. .,..:...,..,:::„....,... .-,..:....,-..--...,,..k....„•,...:.•••••,..,...-••••--:,?„.-...• . -,,,...,--..,..„3--,':--:.,-., .-i,--,.:.,,.-.-..: .,...:...:,.•:::.:-.'j-:,. .- ' :-.:. 1•::.:. .. ••••%1 .:•••••.•:;::7::-;•.:..-:',.i.:':•:'''::.:::::'•-:i'r.'•:::-::, -''''..-...-:;.;:- -•;•:•'5..' ...:::';•]::: ••'..1..1"....:': . .: :.'-::..-, :.:::: ":-:.• :It.... '.1...;!......'-':..,. . ..:.•?:::....:...:"...!-.i.:.:;:.,,::..- ;......:.•",.... ... ,• ..:......',::..;:i.,.'•,s,ei.aiii::;,,:02(0•••:"0*-:"..in-.40....„--beha.,..,:tf,...-;all-1,Y,.:.P!.. ....... :''...:...: ''''''''..-. )::'..."':. '...."- ''''': :.".';::::' '''' ''': -. ....''''' :'.•'-'-'''. hereby. • - tonfeer6Cto.--W1)-. ...... .....„:.-: -:.:..,..-- ,. 1 5: 065;000..00. . . '• !•'''•:: -:-:,-;, -;';'-'1..-.•• •••••• :. :--:."':::'.,:•••,::: •:,!:.,:: :.K.:„--.-:1;•:-.,:••,,:;::- --',' • - ,4-er'-and,'-aUthoritY:.... --....., . -- --••:„-..- • bonds• not to exceed: $.. , ... ,, •-•::':''''''-'-f:::. :.."-'•'...viiint•Att.grneWs...17-ineot with.. P----,,:,::•'''''.similar nature as-follows---AT1 ... ,.. it --ir*A041 .----. ill.'"- OliltgatnrY h •duly authorized officers,of ...„,. rer.eigne0:.0..y.-. ... .,...,:...... ,$•--;‘ii. The Authority bonds undertakings and other- .' • instruments.. of , . d to the same extent assuchare hereby,.rat ff d arid.... ... :......,,,,COMPANY-- -AND...., - .. . .•niesthereby:aNlY- 1?--.--•• tic.ifieeuthOritli..her.:.04 p..tv,I.7.:::,-.--...- ty...Fikt:.4,,.d.AspN2TY.;. .,,... :.....:... .:.„. and to tt.1P'c9„7.1-P ..: - --.-' tgii4:Attor..i.161f,,,!.pi.?T-1P ......,-...,,,..-...,-.. .“ if -instrurna..-nts-Y.V9...,.. ......„.:, i .0 1,:i.:.Companies-and all:AheAgs-P......- .,..,- ....:,, ....: until.:?:6**1j;Y-::PNIT.; : •-•.'.i.-";...?,,,,.-; ',;',..."---.-.,:.:,:;:,.,r,,!;•:-.••••:::-:;•: .::-7.z. :::.: ..... :?:,;-;,...:-...:::...-.,:-..;•,..,.... connrm , ,....... full force',..and.effect ..., ,., .., ,_. ....., ,... ..... ..:. ,... ,., ...f_. s .-'::•;:-..tt.i ' .;,7 1---,.;•':...'" •:i neitis'inCt s#011 ternal111P- -:-.......:.„,p...4606d by Board ps......::.„ hataPflf;:4rPtle;'' ,,:IT-4,1,01-v...i'66140:ANY., -.. i', '::.!''.-',."::- '.-'•:....::,-:'.,..."-...,---.:..-:. • •-:-..-„:. t4.-..,5f iie,..i4ikijo0::BtlaYr.:(1141N,;1.following:,..- : , ,. .1. .?..,.::.uts}11-,E1IFIE:&.1P11 , .:.. d:•autd..; ..:pursuant - io arid by.'•: . '...Wer:d.,.Aft0frieY-js made and April 18, 1973 and.iDu7uan •, ..This:Po -----u'..-- : Casualty Company authority and by the;authority !Of'the . :January,... 2004 ' . ^ ' .. ... •United Dfrget,I.ii:Sof the . ,, f United: -&Indemnity Company ' f Directors o . Fire hi'ho•'ndiaild.',UiidOitakings" • • • - '''. . • he•CoornPaniPs:fflAY-•;-:'.'•,:, .-- adopted.:Jiy•:the,BOard-?„..:„- ,.,.:,..,z,-_,•:::-.•:-...-! "Article v-surP..v;.: T.-,-.....--.....,L,1 Vice President or any other.;.„,. .:. resotbri ,•:offi0it.c.i.fj,. ... ,........,... .:.... e-t....... ... •• ' "The.President-9,any ....,...-..,.,._ .':::'•<::::.• Of AfforneOmfact. ..,. ,,... fficer authorized '... to act-:in.beha,7 I- - '....-'riiiriritif..,..6nSf..:0.,- : -.---,--.....--:- - -- - ---: -..--. - -Appointment ....,. - 4]::----; -- 'attorneys-in-fact.:. .:,:. -:like. rney ., r .'.....--.:,....: Section'2,- ..., certificates.. _.,..„ . appoint.13 ;:sivrittery- If of the Companies (6 fvf -.of .natty.e. The sig..:;.............,...,...., .... .,......cit....09 ..„ .".,... •thea*ediititirpf:RT)...91-.:::. from iiti'i .!.*Prff*' ss- - - 'l . --:aiii,:i-._,other.-03Iigac4-, instruments:;-........-- -::,----.1:1iiiv. pdmik.of attorney or specialpower '-t...nad,:.bonds undertakings.„...,_.„..,„.. affixed-,by• fa9sirrIlle:!,cf.'' .2:7' -,-- -6d! beings adopted by .:. . . - 9".1 .4a''' - ..'-..'......'sl. .616 seal may if: : land;seal,'.when sq,.,(.1: , ,. Companies.vvith the .. ..b0r64.4rlditle ° -Corporate hotebieil!'suc-:,•sionatura:: ..,. Companies, to be valid and binding..::.• Upon the .,.. ... . . ..,. .:•:.:•,':-'.;'----::::::1-- - ieffifloettOnof:*ithei7•--au officer ar4thObriginat-Seal of,th i,iii-fact, subject to th0.1irnit9pi?nti:,. : & et..fofth:in',..their respective -• .. - '-.. original signature of such instruments the daiiiiidni4.6's-Aho-.- iv of biiiioh..i.not-9. '' ' '.."-.:• .- .f6fc6.int1-6fi6Ot as though -,, manually full:- -power tO,binci".the Companies Y.: b :their ,-Sighature.e..!:t erc9..-,..-9.,4,. ..f.bee8i0j.: :.i.,r. i.y:(301pr:'.:.. B giver)-- ......?... ,- .:::. .-.:.-,..-„.....,,, . ` ''Pre-sidefitsiile:: ° 17 .531- .iot::',',:"'' •••••.-.,";:•.!i. -- ';`,::::.1.::: ... ;-‘:::-'&-',...„..::„':::-...:•••'.'•:saTe‘• ••••'-'-' i:•••--th.6iitig' hall:Oave .aettifioates...o.:ay....„ ..:., .,..., The President.,c).! any Vice .:H§,i,e . siciiiity-attargey71117" ,.,.-, -- ,--...)...:.:;..,,,•: :-:,.... afffx..ed:, Stich,ettor,oey;1,:., HERPO,z,,-‹:,-- byits vice (1111"Is-s-',....-:;::-..:2'.f...-• liibi,tifiletta:911.•„:#0:4e7ali'Pft...:,- Iiiri:rtehveroketi°:'--4)I--Povylar-ai'd.au_thT'(:irt9 Sid these O.tasents ,? . . - ,_. . ....::... ... •' ...-.-, ..-,•-. :•;.:,: ........jofficero . '--:. f th-.6danip40te*nitiel'e.actoaninX-::-_,,,-, ttiWoo6APtsp -.hay.- 1.,! : d .:. prey.,:ip,:..p !y.... of -201.0 ''' •:'•••••''.•• ---•'.- --.+.• -be,sioned.- , ,.....,:...,,.:. .<, ..... .e: •:-:•.••--4i...miik • --•-•:::•--k,........"-"""4:-•-,••••,:?.,' • ''----ovits corporate seal e:.. &INDEMNITY..„-.. .: :......-..,.......,.,.:.-.:,...-:....:-.;:..:i.-.!,,,:- •v:? ---r...-..:::-., ,.-:-• ...:-:',..,2.:'0,,a‘to- l-t4. .1‘.:::,.::+.... .*::::---,.. -7.::'''''' 4,".:-•::::15.1i4rp.:WsidiTeNrItESn!,:14:).,. :)-UNITED FIRE&CASUALTY ,:---;•-••••': ,,-k. ..::.-..---,;.::: co_s;c: ..-.s-'4' :•---. '• -- ' „:,::-..'.-''.!. ..i.. .:::,,!;,...-- UNITED FIRE COMPANY ..,..,.."..••••••••••?:::::,:;..,. . ..-J.:3--:....-.:-•,.y-:-..:.::'',. ., . ..:.,.,i: 6,,,!:". r.,.!.,fo-affixed this: 15t h• ay , CoMPANY5';:-..•........--.... ..,.......,-s:.,‘: ,... - :••••:se thimciEt*4 Vs-,--'-.10.:...Tir4'.'.!.7.:P.,: - ':....:•:':!:,:j!'il.:z. ' -'" .::4;y ,i.!Z.••••!,.--...:` OP. . , .. . .. ....,. . -.. „ ... • • • - -• • - • . . .,. : • •. . ..., .... , .. - - •,-:-:,.. • •. •:-...• --:- . .-:, , •.:-.-. ,..., ..", -:- .- -...-ag --,;,..;,:,4:.;, ,:,:,. E..---;:ist iz..77,":.:-::.',.: .if::-....-.:...: 151i5'::.'-::-.:.:-::: -..!-..1,1:!,,,.:.-...-,..:: .--:1)V•]-:1::.-i. 9....- i]-: -:.-::•- ", , .:,- - .'?::: --.:;:,-.-:: :'•:',:- ... -- •:.' . .?-.S7'.-.--..sEAL-,-- • -t----.-.s • • •,,- - ...c-tZ-...,, - ,... .. - • :-- - = —• ,:•,4:•<• .;.i.:•: ";.:'•i1.1kk'..!:;'..'',..: '!.:''''',N.:''.:,1.:::5'' #11*41 .114 '...: f.: .I: e, ..,__ — _—''':''i' . 7..:-....'". 'f:.;...:••••4':. .:.• ......,. .='''''',.''." .'Went': ' -:':'• '4'- --- --"----'---- By ,!.... .vice.,Pre§ ....„, .... '.:.-:---.: ..,'':':-) ,:-J.,illiii ':- :,..:2, ,•.-f:r.`-.,-.rlitiva,,,,m, i."!* .,....:,!.....:.f.,-i..:::.:'.-.-- -pitio#1#. • '..., :.•••,:' ,•:.•-:1441-rfill%.`-'::.-'-'...,:':-I• ' Linn; -'6s* --:;- :,'''- '-••67 towe;'.&41,1*-o : ;...,,...,!:..,,.:. .:..,.. personally came DennisJ.• F8ear.kap.idp-;: State of•Iowa ., ___ that•he is a Vice': TY COMPANY ....,: ....','---..;;;;;;,:', . oii:i, before: me and- ay that he rasida .s in. ..... .. -FIRE-4:ANDa,..M1:`"1J-..,-..-.,: -- .-' •••••:. fffied.-,'.:,:::; -,:-....::-...,-,...i.:-..6 1 st-tv.-.Ptar.'i-f - ',pi.' .February,..2 , being•by:me.duly.sworp,...._ did depose. . Y.•arid:a,Vice President....i...„.... ....::t of the UNITED--, .--;;',----• ' ' •thatthe seate.. .. .. . to;me...kn9vyn,.-who. _ P & CASUALTY'QPMfAN...P--•••-• ' • t-tid'iii.:.knows..th!sep.:.,..:„.:.:, ... ii-6fgi_id corporations,' : „. t,,ti::of-ii.d .'"6-'•th&sBOarg:.-ofA-siceP-..- :.2,.:-.....::.•,. .,...,.' P°-54"--: ,---f the liNITFD.FJ.,,g:.............., ,,--:.-..-d th6.aboVe.instrY71Pn,• •,:.-..: t-T authority giVgni r .,..:,-?.•-----::-. f..erid;deed of saio.-....„, 9'rt‘9 - ..'..'::4'44licil':""P9 ' :.... :•''''• so pursuant :-.,--. :.... ,-.. '‘.:'''-• ' ' :describeclin an :.,,. ,,. ... •'earneto.be.;:thea9.....:..,. ..,...„, ..._ ,...:...:: .,....,..... corporations:.,....... .;..;...---- Ais,..:ibcff-borpbra. •.,,,.. _.! ,.., ......- ...; ti.!i4ar.that.: it-6N4s:.• 9is. •........,-- - -••••••••„-:-.:.tnif.-aanowleilgek ..,........,.i, i::::.:.::. &-,......„...,......,.,., ::,..:.,.. ::, .......,. ,......:,.., said' qnstruiten,:. ...._ ....., ..: .• , ........ to-•the , -• that 1,'.'04- ;Ala pursuant to like:author4y,,.,,„,...- corporationsand , ',! '7.77.7?(-- .-'....:.- .f.:::....:.:.-:-5-.'-'".':-.:•.- :...? ..::....:4.:':::••••:'-':1..':-.:''. . - • ..--.......-',..• ,:::. ''.":::?:.:-.A...''. '. •' ' • .. . - • • .,. . . '"..Notary:Pablio. ... mary:A.:4vIsep.... c*r13:br°".1:' .' ...- : --‘"" ':.- '. '"'..... ,:;',"-• .,,::. .; , . , : , .:. ..,... ... . , , ;!. -..- - -....;:::-: :; •- '- -• •,'-i -ijittk--.,.46/26ii3:-, .. --:46w.----N-Q I Se6I- — .-.. ' •:---- : ..: '• • . • ,'. .:-: ••••. -.-:'.. .:.•:..:...,:•.:•.-.;.:..: :- -:'10i.oPrt0i !9P '.. .-::g, ,• - . • :-.. '--- tana' 013273 - • -'• -!:::::-.. , •• .:.:: ...... ..:.::- .:.`......:•••-•:';‘g:;, ':•••••••• -]::.:;:••-':••., -.5.-..4',..;:...:C:',.7-.3...•:-.-::.•••-..-:.%,.::...-..:!':- •.'•••••••-"•-•(:-.-76i.&INDEMNITY ...goop-441pi!p.4Vn:.46.j6)4,... - -.. ::,f- --::;:, 3••],-- ••• -,F;'......-.,:,'--.:- :..,. ......,. .-,:::!-:..::.; •••••'- 4...,:"..rit geOretarif.otLYN.OP.F -....,..6,.., copy.of the •"-::-.. ,.:... ... ., ..i.;:•;-iThrzt"•.• iiei4.4610if °!12F. ---` ....k... . -.,..„..;,.:-.;;-:. .-,•„--„,. -,.4.,.:: -iv.:-:,:: .,:, ..,:,:,,•,...,,,i6ANNitlefici -,, ssta.,...0• ••...,.:.........:, ,--..'ncr.afnifi'ilt,-:-.491:'I- ' - . .:.14t- ":'.: . :.'"----'::-..-'.'s .--"LT.,:-''''',----•"":' ,-..'.:-. -FIRE •&.-bASVA..14:4-Y.-!'..P7.,-;:•. •'.::•-:•'•'. ii- Piiiiii4r.ct Attorney .:-.,....,- diNAL .Cia.•Elf. Ilt:.,,,.:,. •.,. ''... Aa.e..-itaiv.of UNITED .. .,..,....:... .,., .... , of e S q.. '...- : A Lange: -f..--;---- - '--,, • ••• ••••• . •- ::the'forPgP..TrIg.'..coP .----Power of Attorney with the .-- •"--•'.:•-• I- --0a.W.':•:,-.4-' '-:':::- - Ahat::-I have.compared..:..„,..,......,..-: • '' t forth in said PPW .:.-......,....„„......, .: ' f the•iaidvnginals,. . .... and- .:bf the whole _ ... .•::• •'-:-;'' • ' .".../.:dcf'hereby,- .certify .......;;,:- ..- A-Companies as set ..:...,' ......,..... ."--:-:..!-,'..,;•000.i!")°N....,-,',------,-- -,'-'-•-•;-:•-•••••I' kolbtionS.ofsai - ....„...-- • ..• - - ,•••••••• :•' ts:thereOfi- ... ... correct transcripts. :.„. :. -, . - . . • •..---- . ,......„-••• • :,........ . '••••':-..-'''- -----f the hy46w6.an..rg.t.-----..,- d thatthe-same are , . . •:- ----' Section,p ,..,.„.---: SAID:, •• COMPANIES, an and effect, '''..•":• .•I •f the' aid.Companies and is now in full force . - - OFFICE OF ... . .i.,.--;•,-- ;J;fibmff... . !.., -., Attorney. 'has.nabpen 1-evoed an , . 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Box 73909 Cedar Rapids, IA 52407-3909 -or street address- (°"*) United Fire Group Attn: Bond Department 118 Second Avenue SE Cedar Rapids, IA 52401 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.48, Governmental Code, and Section 53-202, Property Code, effective September 1, 2001 . HOME OFFICE: 118 Second Avenue SE, PO Box 73909, Cedar Rapids, Iowa 52407-3909 Phone: 319-399-5790 FAX: 319-399-5425 . 7 . CITY OF PEARLAND PAYMENT BOND Section 00611 Bond No. 54-191261 PAYMENT BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS:That Construction Masters of Houston, Inc. of the City of Pearland .County of Brazoria , and State of Texas, as principal, and United Fire&Casualty Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner),in the penal sum of$ 375,000.00*** for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns,jointly and severally,by these presents: WHEREAS, the Principal has entered,into a certain written contract with the Owner, effective as of the day of , 20 , (the"Contract") to commence and complete the construction of certain improvements described as follows: Pearland Westside Library Storefront City of Pearland,Texas COP PN: FA1202 } BID NO.: 1013-03 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor or material to him or a subcontractor in the prosecution of the Work provided for in said Contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time,alteration or addition to the terms of the Contract,or to the Work to be performed thereunder. 07/2007 00611 - 1 of 2 CITY OF PEARLAND PAYMENT BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21st day of December ,20 12. Principal: Surety: Construction ers of Houston, Inc. United Fire&Casualty Company ff By: ( 76 By: Aaiuto Title: VP Title: Donna Weinel,Attorney-in-Fact Address: Address: P.O.Box 1587 118 Second Avenue S.E. Pearland,Texas 77588 Cedar Rapids,Iowa 52401 Telephone: (281)997-2640 Telephone: (800)343-9130 Fax: (281)485-4702 Fax: (319)399-5425 NOTICE:THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 07/2007 00611 -2 of 2 ,',-:-.,.--, • ....:.... ....,,,,.. .6660 0•11';'•-,....1- - ...s.".i.-% •.:-:'•..-:::!-,... Indemnity-.` , :•,••••••• - ,...•,,,i,:..... .:::•:. ... --:-..'..i....:.-..,__,. .... ife.4t,:: . .: ..:-...4. dij.-,..:': ........- ....„.•,,.. •;......,:-..:.;- :: .H... .;c::....,.,:-.....:Itfriitr9.- -.-..;i.;fiieito!1!:•.,..,..:7-....7:::.....,-,,-,.,....,.- , .,-'..:.... i.::.. ...:.-z,-;... ...:,..-,.:-.,-; ......:-.,...-- :-.:-.,.:3:-..i..,,,::.,7....,-,-::,,-:.. ...-,.. .:'•••••:::':......:-••.--:.:- ...,. ., -....,.--:,..::.... ,:„„.:,.::_.:..1--„..,...-.., -. ...-.:„...::, .,..,,iditing.....,.... 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Box 73909 Cedar Rapids, IA 52407-3909 -or street address- United Fire Group Attn: Bond Department 118 Second Avenue SE Cedar Rapids, IA 52401 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.48, Governmental Code, and Section 53-202, Property Code, effective September 1, 2001. HOME OFFICE: 118 Second Avenue SE, PO Box 73909, Cedar Rapids, Iowa 52407-3909 Phone: 319-399-5790 FAX: 319-399-5425 It CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND Section 00612 Bond No. 54-191261 ONE-YEAR MAINTENANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS:That Construction Masters of Houston, Inc.of the City of Pearland , County of Brazoria , and State of Texas, as principal, and United Fire&Casualty Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner),in the penal sum of$ 375,000.00*** for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns,jointly and severally,by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the day of , 20 , (the"Contract") to commence and complete the construction of certain improvements described as follows: Pearland Westside Library Storefront City of Pearland,Texas COP PN: FA1202 BID NO.: 1013-03 which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully correct all such work not in accordance with the Contract Documents discovered within the one-year period from the date of substantial completion,then this obligation shall be void;otherwise to remain in full force and effect; PROVIDED,HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the contract,or to the work to be performed thereunder. 07/2006 00612- 1 of 2 CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21st day of December ,2012 Principal: Surety: Constructio ters of Houston, Inc. United Fire&Casualty Company By. By: Na..14.0._. (el ) Title: u. Title: Donna Weinel,Attorney-in-Fact Address: Address: P.O.Box 1587 118 Second Avenue S.E. Pearland,Texas 77588 Cedar Rapids, Iowa 52401 Telephone: (281)997-2640 Telephone: (800)343-9130 Fax: (281)485-4702 Fax: (319)399-5425 NOTICE:THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 07/2006 00612-2 of 2 .... . . ..-..i..%.:-•-.,:- .. •-.••••••••••,. ...::':i.;*.J.. ,..k'...::::' • ,....... .-:•,-',...'....•--.:••:,:.....',•-••,.,...„. .:.....-. ••• - .„.. •••,,..:...,-;•-,••:....:,-.... z•-::.;-,. q:. ..:.'.:.. :-!.::.:::'''.":-.:::•;3.. ....-•:::,. - '.::-`..--i.;i:.r:United,.•:f '-,'-5.:....'-.V'•-..',.-...-;iu.it-e-„':...-8--.s-.-.'d.-...:.••!.•.•....ii,,....-,d.i..;..:..-:.:.a:, t.-.t.,:.:..•qt:... 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Itt.tr;.-?,n:'...,:;'.-...'"..,...:'..........:.:.1::.„,..,......' signed ri e.,-u)(... .---_ ..aiithoriied--bf#9,PF....,of.:,-, t..•obtigatory.instruments .... , .• -'-'• Airigs and other lionda,uridetta . -Is"I'Fact with 13 .' . . 1 . ilar'neture as.follOws• Al . i"" LiCti instryingnts.Nv.,,r1A :-......::,...s•-•as-fiiii.s.66rffro-00,-The Authority fiAlil.taMPAtWAND-..::: it and to,tttesein0:egOltas.i.. .,....,,-.:::hereby.....:,44i ar4.mrook,,mifpa...,,.... :. the-c,..m.panies:iherpbyAft...!,-4,..7.--,z....:...:-.;-4 ,eht:tii.th'a-authori0.!: ..L.9),L..y. .;614ifttr: 100.::-.4..cAp...--...., .;: .. 8-rid.."10,-:400'..,, .. :,,,....- .:sig. ?'••••:,acfi;,.of:§iitt:AtrAtr.i-P35:,t4I':r1: ..-7'..".: it,'effect Aintil.*evorP ,,..1-. :..:-..,.:•.,;: ., -.-,,••,•..-:.,....,......-...;:;....,.;::::::. ....:. :.-.,:::.„.....,.. ,,.....„!:, :.-.i...:i:,.: ... ,. ....,. .,.:„:::,..,...-.5.. 44.6ieiiOttiq'--?!.:(4°1! 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Casualty Company . , .,••.... ,,,.• - •:..................„..... . .f.--- .. --.- united...:Fire.& .., _ Dil'ect*.,cf..y1 .,... :., Directors'of Untteq, & Indemnity Company:..:. .. . _8 .2004 Fire. e -f,fh- -Companies may ... P by thelilOard.of. April 18, 1973and pursuant to President or any ,.,... ........_ _. the xe6utiort,pf.:PW • " e V-Surety.BPri001-20qi4c4f0MTIg :itnee.Offio.q!:pt.:-..-7.?...-.F, .../...,-.,. .,:o.i6§ .., :.' adopted ''-7-rti!‘ "ThePieSiderit.,-Or..ami..Y.ice.: , of the':Coni0.ar4I:t-.-•:'-s•e‘ - --s-- authorized :.,. .s. ..,s,..-2.-:::,...,:.:....':':......:.?...-:.:::: :-•:. ':::,,,.. •-,4,..::124;i1efit'bts.:Attornev..:iri+F.Oot. :!..:... attorneys-in-fact to aCtini•Pel'iltthe..ii.040-0t.-‘•any..,oMpp..r.......:,......... ... .6..i. . !s:..s... 8.0..60.9P.:,4,:-?...."-__D.L-: ..,:...fl'...;;int by written certificates.,j'.. ..::.`4i'• &ii-rvt.iti*:..10.)91P.iE-?,. ' deit6kingS•:. en--!;:j .1:3p6thaefrocr-5=.0101, bytPrY .,.....: i. itlyin .c.:iirt:i4,ed; facsimileo p6v0('°f: attorney or by the 6060°1".... .......,, -.:..,:j::.-...,::.:t..:•---.:;zz:i 4 it- di..4.66e::,-,:bilE,incl.,....9TI. ...„... Y166-6.T:to".seiof 11kei.6°Ire. iSigi4Clet 05*10.(.*:-4,.,•!Iter.9-,. .1•ti.i; the.cqtrpan.---.. s -.• -- ..;.`- .seal, ••- '. -:----......turd!and:sea,. and binding-4139n . ... • - respective .:,. Companies with the the ....-17,.....'....;'•.....-`.:*„..,erefikian ::ttlo ..f.t6 Corporate.. 1 "'- d hereby, such . • .,:-- -- ----.,..,..:....,.,.,-,....t---:' of either au.horize .., .,. , t.forth,.in.their. ,. .:.., --se' ''' --- - '-: -- 'tits "- to the ..-:- instruments ,..., certification.--,......: -- •signature of such officer and: .,..,. -- original `--;;.- -le tad subject limitations:...... .,.,...exec..f ki-.sof.vy.....supil. „.., ...-.., ;:-ouorattorneye , : . signature '. :, being...a ., .:. .. th idel of the Companies,96i2'fl.'si•niq:c..Lia6ffea as though manually affixed- .6-iiii:the-. Orriiiani4e. eto.!?e;valid ....,. ... .. tiyit•leit- :_.. President tii0'...1j0k*ofPirPP,i...q:::,, same:!9.-- ,,--.- --;:-. ---...:,...-0:;-,:.shall have full power,tp,..k ! - President rs or any other -*-2-•,:lt:::::'..,!..-"' :"'": .:6ca,otoority k, ,...: previously given:.p., .„..., ...,,,.: 2.,...-.....,-.....k,-...-e...,,..----,::::-ci-byitt,:ivioe.....:- .01-4:•,.6.0,----00t"..:to;ip , !P1.1:720:io: "::-..-:!**:..i.• :':-:• f"-:,---.:• ••• certificates....,,,,:....:„... ,s s,,,..:e...i of to Companies thfrta.:,-;The.,:P :o..... nY \I!.q!.1-=- ... . .-..,,..!t....:.:ar.iit iftbili0Y-.7111404,-.•.-_,-,. ..:.: .--,.::.:_-:. -......,.2,.... .. ,- ::.,-,-...,-•,-- -•,:.Faiist-lo.:-attoch,-#1c!:.•,.9 ".- '' -'-'-.--, •- - -cortipanies_mpy., ..::!....- 6fribei-..of thp,.,....,....„... ...,.. , have . the,COMPANIES, - .. * •ii.• day of- February! .. . WITNESS WHEREOF, ,affixed this 1 at- •-• .,. - ••••.•• : .. : .. , at any time.revoice a.I!..H ..:poweren1:authority ' ::;:i .'..'c:::::',--1---:;''.....':''---.- • 0". -14..;ki. '-'-':.:•IN. - :. i6teel:16,:be hereto:a .::-.:3-:: --i,.:!•:: '' • •dompore ,..•..,Er,•,,..;:•:,-•:,• •-.:::-.:•,:•• •-•:: ,......- -. umfEci-FI8E&cAs40. ..re- ... . ITYCOMPANY•:: :':-.";",::'-!::... •-•/:-!---- ::•"',....."0";-.::-.`.'-. 7 4';‘,-e• ....-i.rie .-.-. ue--president UNITED FIRE&INDgol,. . .,-..„ .i.,,,. :;.:..-.::,;,:...::,:,....--..:::.. 44z,›14•' -iirici:its e.Ptfl91:0 i... ''66il--ded •-,:•:''''..-.-- r..z-A-.••••• . ' 'WS,- ..,77• • •jE `,...:., - :1:,.;il.':.::i,'.',:., •--:;.:'.•:•.-,:l ' .„,;.!!!::..i:';;!"-i.:;;.' . ••.,...!:,;.....,:....;..-: -..::,.%:, .,....:i..,:::::;?. ,.,,.....::,.: ...-,,,,,.....:s.„:-.... f.,....•...:.....-.•. 0 , '• •• , •."..• e.. ,.. ..... . . . ... ./ '-::. - 1: :.'..:?a..'''Sr ‘•'::'.'"...1..77.. '..fti'..„„ By ....'• •• :'; •',. . ,..-... . ..,..4 '...•" .... •• . -:.,,,:', ,•!:. • ..::.'::..:;!...::. ::: M-;::::. .'..'!ili!:.-:': ': ''.... ;::.:':.. -..:;-:"......•:.-.1.:1.''..:, .. '.,:i1:::::..!:. 1.President .:! •, '.. , '• . ..•••.••••.''.H',,,'''..:'. ''...'.`,.....:IV,...4.-,:-....--.:.0.:.:?-4,0 .,-.::-...,.-:%••', 2_,,,if., •.-.:„.:-.,:-.,.:, -,::::: ':.'5:;:.:',V-4,k ..--:- • ...,"i" ;f-:"J".;:','1.-•!!.tliiiirtOt ":•,.."., 'Y';': .;:f.'._:.-"..'"•:-;":9$111".",'"-i:..r-..'hAihtk.Oftiir:ir.i,,..§ .*:., ••,-'•-: t Of.Iowa, that . .... . . . --;::-....-:.4-steteOr.41::?.W.P.•!:;•`.-:;,•i-.::e.:.:,.. .:::::.:.:.:.]::.r'''.iY-;:'..,:,::- before me personally came Dennis .4.. . h tesides.in CedarRapids," . $:ta.--! .. •:• ,..,... Richmann::::. ••••-**:;".....;•'-1,- • -t he is Vice COMPANY the..,.. e'and say; that 0- -; •• - . PE&-JNDEMIIITY. ..•::!....:-. ..-.... sworn,- did-.depos, , , . the UNITEQ'E I- '''-'.:'",': thatAne seaLeffbced,...,. ...4: ,.....;1-7.v.:-.:.-;:oi::..iebi,...iiar...Y.--•';.:,-.:...:2;040; . , • • .::::?.::/:::,:.'i•;,.:-On-. 15,:ki---,.:-...-• .....Leihg.bsr,h.to.duly : .,, President•of.1 0 -•.,: ...•.-4.-.: .-n•-•-iatationsi,.. ......,, ,...,,... .,,.,,...: MPANY.i:Arid"a.Vice......,.....,...--. .-,..:the:eee%.*:.9..f.pg0...cprP ,e4t,tirtoctcrs::cf said •• '•'••••:. to-tile. i•-ft',.ti.t),:*%1!1h iv i 4 tioNlitti,FIRE &. -c...0. 1,,T.Y...99..,..L„...,,:h-,e 4, iskinent;..the:ktie.k Ws ::".".114:1'...''.1.41461ii:'.0•01?:14.111 Board: ii?.ani.d6d,-.Eof.i.e..4....:::. co s President ,,'•••i,-i'il.it ':iiybiOh-00.0:101:1)e-t7. ,-;Tii..:diOed:--0;*10_n_,..,t!46..1-,, ,,gdde4,.wri --.P4.•:ib '#t.a9-.,...,.'.,.::.,-.:-.--::-:.:-.-;...:..!•,....:,:;.::;... ::.•-,•''' .', ..--eipeiration ,des04 and- . .corporate,:.gdal;:i...:top .1..1 ...„.- .•,: pursuart to e like authOtitYi:'eP91 4..$r!"..-,•:--:-,:.... -,:-.`,-.e:: .:-.1 '',-:--.:.--.-ii".... ..--,..:,,::::::•:-....--- ..-:", - -.:-•-•...',.....:-... -, AO:.-.thei id. ••• ',.,q:L..i**19s1,4r49'.,} t4je• signed his nerno:PPr......i.°•;:::::.:: .;-,,:.-,....g.:::. ..:'.-;' .,.•,,.` -",..-::.:.::-.0:,.,,,.., -- --..--:,;-......„.,,.::.,4.:,.. .;,-,---. ...-.--'.:.-' -..,,:.....;..••-•::.:•:,,,--- -:. , : , : .,. - corpoeerPbrqP9"... .. "....* `. --;-..K:;: :,.......,' ::-.,..]',.,..-.4.s.:,,-i':- .: ...:-.,...- :-':;:,.,..,.,. :-:,i.-•..,--4;..:::•-:::,..t:::::,;.....,..:..... - .: :.-.,,:...:',. ... .. ::::... ,..- . ,.:-....:',.-p1/4; : -:. .:, •-:-.:: .. . .Notm.y Public rationsi . .---. --:;.::-- ----:.,--.,...:-.:-..: .:-.:..:.::.....,.;..--,.;::g..:--.-• ',;:',':.--;.•::::,:,. •-•, :.:';'•',:":": ::::-•:,' . , - ' ..• :':.. :.: • .: :.„: :' : :: L-.'•:.::":: :"... ' .::::,,,•::,: ;•.i. -...sicii: O:ii:t.] ..''" .•'.,;.."1•:•-• - -i044:k;10*°r!.. - ""'.;'.- '::"---.' .-- '."' ". '• " ' • - ' - -•':',. . : i.-:" "-- • ::'-ii4"."'...6,6"teitilSSigrt PlzF15'.::•••• ":••?:,••.;,'-'''', :i l• ; ..rAldi1.-... a Notariai Seal c961lIois740!!)*--0i*:.7,ii0§,,.,27:0 . :.• -_....:.:":•::•::...-- . ..:: :i.-:,.:i ...:: ::,..,••:":1:':'"••>•••• •••••*--*z• :••,•:•:.,••••,,::::.....,:r:::•-;„,,. .s.. . „....:„:„...........i*...Itto... to ..4.mip. rv1,,,., MY :-.'....'. '''''. :',•ANY -. Assistant deceof:Si...c).t', .N., .....,..,-.....,.. :.-.itie;,-.600s, of the '.. :,:i.: ":...:•.;:i .;.:.°.•7:!'-..:f.,!:...f.,...P.....,..-:.....:::,,,,-.- •••••• --,i'-',• "":/'''''''''-'4 : - .•)Z•••:CASU L •..,,CPMF:!. ...-.. . and -,...-. : .'..,....; ..--.::.`,,.',..:..-.' .,-..:::?.•-...:,...;:',...*:.'.-,-..-:.,.-••-Secretary...':-:-.'..L.. .j 4 u:t4!TED.EIR,.......,,, copyof 46 foregoing-. 19.- '.'9 Attorney,"'".- :l•::-:• . ‘iiithsitielPF.P1" .--' .:....'......-'''....[Ei6ig•••:''Aild. PAiiier of Attorney aridaffidavit,:. ,,,.At..:8 cl,N.FILg.I.R.'T11 . ... NITY i.-..ria-id.A.'..1;:a4g1,...!. °..1 .. .::I'have 99iifOgio.014. ...--"sbiti•POVver.of. . . :. the.. '''ilIiii1W of. h0. id:499. • .' 0..'.:i0i' ' )1:1iS' Y'.....'dii6f4bi-i:: IfY;lhat: . saidCompanies as set forth in ti'ff164dit'ancl-of --:.-::-::.....,:. :•.:.•' '-.--. ••• .. .... - ..:. 11/411A,-,,---,'i.,.-.,..;-.1i,;ii and resolutions of•::,-...:.,-.2::,..--..:•$eotioW:Pt;VP..-1.17' .A6:6itiivioAms;:- E and.thet the „. hoME'.6FP16 .',. said Power of Attorney has not,been d is now in full and effect ..tt..4. 6.t.paliik,-00•:.o.t....Te.. ..,.......,.:. v.:::::.......,g,,.... .,. .:,, -,.„ .,.. 1ite are correct tranecrT, ...• :-.,- .- -: ,...... 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UNITED FIRE GROUP American Indemnity Companies IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may call United Fire Group's toll free telephone number for information or to make a complaint at: 800-343-9130 You may also write to United Fire Group at: United Fire Group Attn: Bond Department P.O. Box 73909 Cedar Rapids, IA 52407-3909 -or street address- United Fire Group Attn: Bond Department 118 Second Avenue SE Cedar Rapids, IA 52401 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.48, Governmental Code, and Section 53-202, Property Code, effective September 1, 2001. HOME OFFICE: 118 Second Avenue SE, PO Box 73909, Cedar Rapids, Iowa 52407-3909 Phone: 319-399-5790 FAX: 319-399-5425 AR® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/11/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Certificates Houston Hotchkiss Insurance Agency, LLC-Houston PHONE FAX E MC.N .Exq:713-956-9800 uuc.No):713-956-0331 13105 NW Freeway,Suite 850 AIL Houston TX 77040-6312 ADDREss:certsh@hiallc.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A Depositors Insurance Company INSURED CONSTR2 INSURER B:Texas Mutual Insurance Co 22945 Construction Masters INSURER c:Travelers Lloyds Company of Houston, Inc. INSURER D P.O. Box 1587 Pearland TX 77588 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1022737664 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY GLD07214799735 2/24/2012 2/24/2013 EACH OCCURRENCE $1,000,000 DAMAGE TO D X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence) $100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 nPOLICY n!an LOC $ cilLA AUTOMOBILE LIABILITY BAPD7214799735 2/24/2012 2/24/2013 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ A X UMBRELLA UAB X OCCUR CAD7214799735 2/24/2012 2/24/2013 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ g WORKERS COMPENSATION SBP0001209207 2/24/2012 2/24/2013 X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS FR ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $1,000,000 C builders Risk QT6607997P545TLC12 2/24/2012 2/24/2013 Per Location 4,500,000* Per Occurrence 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) The general liability policy includes blanket additional insured endorsements(CG7323 1111 &CG7246 0910)that provide additional insured status for ongoing&completed opeartions when required by written contract. The general liability,auto and worker compensation policies includes blanket waiver of subrogation endorsements that provide this feature when required by written contract. The general liability policy includes a special endorsement with Primary and Noncontributory wording,(CG7323 1111). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Pearland ACCORDANCE WITH THE POLICY PROVISIONS. 3519 Liberty Dr. Pearland TX 77581 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Section 00615 PARTIAL WAIVER OF LIEN AND PAYMENT AFFIDAVIT The undersigned contracted with City of Pearland to furnish in connection with certain improvements to real property located in the City of Pearland, TX and owned by the City of Pearland which improvements are described as follows: In consideration of Pay Estimate No. in the amount of$ the undersigned, on oath, states that all persons and firms who supplied labor and materials to the undersigned in connection with said Project have been fully paid by the undersigned for such work through In consideration of the payment herewith made, the undersigned does fully and finally release and hold harmless the City of Pearland and its surety, if any, through the above date from any and all claims, liens, or right to claim or lien, arising out of this Project under any applicable bond, law or statue. It is understood that this affidavit is submitted to induce payment of the above (.11 sum and for use by the City of Pearland in assuring the Owner and others that all liens and claims relating to the said Project furnished by the undersigned are paid. Signature Printed Name&Title Company Name State of County of Subscribed and sworn to,before me,this day of , 20 My Commission Expires: Notary Public r` Revised 12/31/07 CITY OF PEARLAND PARTIAL WAIVER OF LIEN (mu\ Section 00615 PARTIAL WAIVER OF LIEN AND PAYMENT AFFIDAVIT The undersigned contracted with City of Pearland to furnish in connection with certain improvements to real property located in the City of Pearland, TX and owned by the City of Pearland which improvements are described as follows: In consideration of Pay Estimate No. in the amount of$ the undersigned, on oath, states that all persons and firms who supplied labor and materials to the undersigned in connection with said Project will be fully paid within 30 days of the date of this document by the undersigned for such work through In consideration of the payment herewith made,the undersigned does fully and finally release and hold harmless the City of Pearland and its surety, if any, through the above date from any and all claims, liens, or right to claim or lien, arising out of this Project under any applicable bond,law or statue. It is understood that this affidavit is submitted to induce payment of the above sum and for use by the City of Pearland in assuring the Owner and others that all liens and claims relating to the said Project furnished by the undersigned are paid. Signature Printed Name&Title Company Name State of County of Subscribed and sworn to, before me,this day of , 20 My Commission Expires: Notary Public 5-12-12 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT 1.0 DEFINITIONS AND INTERPRETATIONS 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement. The term ENGINEER as used in these General Conditions shall refer to the Engineer or Architect identified in the Agreement, as applicable, and means a person authorized to act as a representative of the entity designated by the OWNER to provide professional services required in connection with the preparation of plans and specifications of this Contract. The term CONSTRUCTION MANAGER as used in these General Conditions shall refer to the Construction Manager identified in the Agreement, as applicable, and means a person authorized to act as representative of the entity designated by the OWNER to provide professional services required in connection with the performance of the work of this Contract. The Owner's representative on the project site shall be the CONSTRUCTION MANAGER or ENGINEER as designated. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of all of the documents identified in Article 8 of the. Standard Form of Agreement, which documents, excluding such documents as may be delivered or issued after the Effective Date of the Agreement, as referenced in Article 8, shall be bound together in a Project Manual for the Work. (4' \! All references to the "Contract" or the "Agreement" in these General Conditions of Agreement shall include the Contract Documents. The Contract Documents are complementary, and what is required by one shall be binding as if required by all. In the event of any conflict.among the Contract Documents, the Contract Documents shall govern in the following order: (1) Modifications in writing and signed by both parties, including any Change Orders; (2) Standard Form of Agreement (3) Special Conditions of Agreement; - (4) General Conditions of Agreement, including Attachment No. 1 — Workers' Compensation Insurance Coverage, Attachment No. 2 — Agreement for Final Payment and CONTRACTOR'S Sworn Release, and Attachment No. 3 — Owner's Insurance Requirements of Contractor; (5) . Addenda, if any; . (6) Plans and Specifications referenced or included in the Project Manual; (7) Instructions to Bidders; (8) Bid Proposal; and 10-2012 00700- 1.of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (9) Exhibits: The following Exhibits, if any, attached hereto, are incorporated herein, and are a part of this Contract: In the event a conflict or inconsistency remains between or within the Contract Documents, or the Contract Documents and applicable standards, codes and_ ordinances, CONTRACTOR shall provide the greater quantity or better quality, or CONTRACTOR shall comply with the more stringent requirements, as determined by ENGINEER. Terms or phrases used in the Contract Documents with a well-known technical or construction industry meaning shall have such recognized meanings. References to standards, specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, shall mean the latest in effect on the effective date of the Contract,unless otherwise stated in the Contract Documents. 1 .03 SUBCON_TRACTOR. The term "subcontractor", as employed herein, includes those entities having a contract with the CONTRACTOR or a subcontractor for performance of work on the Project. OWNER shall have no responsibility to any subcontractor for performance of work on the Project contemplated by these Contract Documents, and any such subcontractor shall look exclusively to CONTRACTOR for any payments due subcontractor. 1.04 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person or by electronic means through the Pro-Trak to the individual or to a partner of the partnership or joint venture, or to an officer of the corporation or company for whom it is intended, or if delivered at or sent by Certified Mail, Return Receipt Requested, to the last known r1.4) business address or registered office of such individual,partnership,joint venture or corporation or company, or to the address for giving notices listed in the Standard Form of Agreement. 1.05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light,power, fuel, transportation and all other facilities or services of any nature whatsoever necessary for the execution and completion of the Work described in the Standard Form of Agreement. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The CONTRACTOR shall, if required by the ENGINEER as representative of the OWNER, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well-known, technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials shall be furnished in strict conformity with the.Contract Documents. 1.06 EXTRA WORK. The term `Extra Work", as used in this Contract, shall be understood to mean and include all work that may be required by the ENGINEER as representative of the OWNER,to be performed by the CONTRACTOR to accomplish any change, alteration or addition to the work shown in the plans. Extra work shall be authorized in writing by the ENGINEER prior to commencement. Extra Work items are paid for on an as needed, as authorized basis only. 1.07 WORK DAY: As used herein, a "Work Day" is defined as any Monday through Friday, not a legal holiday, and any Saturday or Sunday specifically approved by the OWNER, in which the CONTRACTOR can perform six or more hours of work per the current construction schedule. CONTRACTOR agrees to request specific approval from the Construction Manager or 10-2012 00700-2 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Owner, in advance, to perform work on Saturdays or Sundays and in so doing agrees to pay all C"",, charges and costs for Inspection and or Construction Management services required during the performance of any such approved work. Refer to paragraph 7.05 for procedure to determine cost for Construction Management and Inspection Services for work on non-work days. 1.07-1 RAIN DAY: As used herein, is defined as any WORK DAY during which weather related conditions prevent the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path. items as identified in the current construction schedule. CONTRACTOR shall record Rain Days on the Pay Application each month for the review and possible approval by the OWNER. The approved Rain Day is then added to the Contract Time. (See 1.12 Contract Time below) 1.07-2 IMPACT DAY: As used herein, is a day that is added to the CONTRACT TIME by the OWNER by Change Order to extend the Contract Time by one full Work Day. (See 1.12 Contract Time below) Impact Days, once approved by the OWNER, shall extend the Contract Time on a one-to-one basis to replace a Work Day lost to conditions that prevented the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items. Impact Days are added to the Contract Time by Change Order only at the end of the work and then only if, in the opinion of the OWNER, a time extension is warranted due to delays beyond the control of the Contractor and required to complete the work within the Contract Time. 1.08 CALENDAR DAY. A "calendar day" is any day of the week, month or year no days being excepted. Unless otherwise expressly provided, all references to "day(s)" shall mean (416 calendar day(s). 1 .09 SUBSTANTIALLY COMPLETED: The terms "Substantially Completed", or "Substantially Complete" or"Substantial Completion" as used in this Contract, shall mean that all major process components of the facility or work have been,made suitable for use or occupancy, including appropriate documentation from the equipment suppliers that all of the individual components have been installed in accordance with the specifications and manufacturer's recommendations,the installations have been approved by the ENGINEER and the items have met the start-up and testing requirements of the contract documents or is deemed to be in a condition to serve its intended purpose or requires only minor miscellaneous work and adjustment to achieve Final Completion and Acceptance as determined by the ENGINEER. Upon compliance with the above referenced criteria, ENGINEER shall issue a Certificate of Substantial Completion. PARTIAL SUBSTANTIAL COMPLETION: designation will be given on components of the Work that must be placed into service prior to the completion of the entire Work. The contractor's One Year Warranty period for these items shall begin on the date of Partial Substantial Completion as designated by the ENGINEER. The ENGINEER shall determine and make all such designations. 1.10 INTERPRETATION OF WORDS AND PHRASES. Whenever the words "directed", "permitted", "designated", "required", "ordered", "considered necessary", "prescribed" or words of like import are used, it shall be understood that the direction, requirement,permission, order, opinion designation or prescription of the ENGINEER as the OWNER's representative is intended. Similarly, the words "approved",,"acceptable", "satisfactory" or words of like import shall mean that no exception is taken by ENGINEER, but does not relieve CONTRACTOR of responsibility for compliance with the Contract Documents. 10-2012 00700-3 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Whenever in the Specifications or Plans of the Contract Documents, the terms of description of various qualities relative to finish, workmanship or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the ENGINEER as the OWNER's representative, and said work shall be done in accordance with his interpretations of the meaning of the words,terms or clauses defining the character of the work. 1.11 REFERENCED STANDARDS. No provision of any referenced standard specification, or manual shall be effective to change the duties and responsibilities of the Owner, Engineer, Contractor, or their consultants, employees, or representatives from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer or its consultants, employees, or representatives any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibilities contrary to provisions of the Contract Documents. 1.12 CONTRACT TIME The term Contract Time as used herein, refers to the number of Calendar days provided to complete the work or the date, stated in the Agreement: (i)to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with Paragraph 6.09 and as modified as a result of any authorized Extensions. The established Contract Time includes 40 Rain Days per year, based on the average number of rain days per year for the period of June 1898 to December 1996 as recorded by the Alvin Weather Center Record. The Contract Time shall only be extended by (a) the addition of Rain Days equal to the number of actual Rain Days in excess of 40 days per year and (b) the number of Impact Days granted for delays, in the opinion of the Owner, beyond the control of the Contractor. The extension of the Contract Time shall be the CONTRACTOR's sole and exclusive remedy for delays. 1.13 CONSTRUCTION INSPECTOR The term "Construction Inspector" here in includes those professionals engaged by the OWNER to ensure CONTRACT work's compliance with the specifications and any applicable statutory requirements. 1.14 BALANCING CHANGE ORDER is a change order executed during the close-out process that may add/remove pay items, or adjust quantities of existing items or remove unused pay items or quantities Balancing Change Orders are used to reconcile the unit cost of the work performed or installed by the Contractor. 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 2.01 NO WARRANTY OF DESIGN. It is understood that the OWNER MAKES NO WARRANTY OF THE ADEQUACY, ACCURACY OR SUFFICIENCY OF THE PLANS AND SPECIFICATIONS OR ANY OTHER DESIGN DOCUMENTS, AND OWNER HEREBY EXPRESSLY DISCLAIMS ANY SUCH WARRANTY, EXPRESSED OR IMPLIED. Prior to commencing each portion of the Work, CONTRACTOR shall carefully study and compare the relevant Contract Documents, shall observe conditions at the site affecting the Work, and shall take field measurements of existing conditions related to the Work. Any errors, omissions or 10-2012 00700-4 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT inconsistencies in the Contract Documents noted by the CONTRACTOR, and/or any variance between the Contract Documents and,applicable codes, standards or ordinances, shall be promptly reported by CON TRACTOR to ENGINEER in writing as a Request for Information. Work performed prior to a Request for Information shall be at the Contractor's risk. If CONTRACTOR fails to perform its obligations under this paragraph, CON TRACTOR shall pay such costs and damages to OWNER as would have been avoided if CONTRACTOR had reported any errors, omissions, inconsistencies or variances in the Contract Documents noted by CONTRACTOR or which should have been noted by a careful study of the Contract Documents. CONTRACTOR shall comply with the Contract Documents, all approved modifications thereof and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied-with the requirements of the Contract Documents :and approved modifications thereof and .all. approved additions and alterations,thereto, as the same shall have been interpreted by the.ENGINEER. 2.02 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on which the work herein contracted for is to be performed, constructed or installed, for itself or such agent or agents as it may.select, for the purpose of inspecting the work, or for the purpose of performing, constructing or installing such collateral work as the OWNER may desire. The OWNER. shall have the right to. make inspections at all reasonable times, and the CONTRACTOR hereby waives any claims for extension of.time and/or compensation for any loss or damage if his work shall be delayed by reason of such inspection; performance, construction or installation of collateral work. 2.03 OWNERSHIP OF PLANS. All plans,specifications and copies thereof furnished by the OWNER shall not be reused on other work and, with the exception of the sets forming the part of the signed Contract Documents, are to be returned to the OWNER on .request at the completion of the Work. All plans and.models are the property of the OWNER. 2.04 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the Owner may make such changes and alterations, additions and deletions as the OWNER may see fit, in the Work, including but not limited to changes in line, grade, form, dimensions, plans or specifications for the Work herein contemplated, or-any part thereof, either before or after the beginning of construction, without affecting the validity of this Contract.and the corresponding Performance and Payment Bonds. If such changes or alterations or deletions diminish the quantity or the value of the Work to be done,they shall not constitute the basis for a;claim for compensation or damages, including lost or anticipated profits on the Work that may be affected..If the amount of Work is increased and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this Contract, otherwise, such additional work shall be paid for as provided under Article 7 hereof for Extra Work. In case the OWNER shall,make such changes or alterations as shall make useless any Work already done or material already furnished or used in said Work,then the OWNER shall compensate.the CONTRACTOR, for any material or labor so' used and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the Work as originally planned. 2.05 DAMAGES. In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake or default of the CONTRACTOR, or should the 10-2012 00700-5 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 3.01 OWNER-ENGINEER RELATIONSHIP. The ENGINEER shall serve as the OWNER'S representative during construction. The duties, responsibilities and limitations on the authority of the ENGINEER as the OWNER's representative during construction are set forth in the Contract Documents; and the ENGINEER shall not have authority to extend the OWNER's liability or to bind the OWNER for any additional liability of any nature whatsoever without the written consent of the OWNER. Any communications by the OWNER to the CONTRACTOR regarding the Work shall be issued through the ENGINEER. It is the intent of this Agreement that there shall be no delay in the execution of the Work; therefore, written decisions or directions rendered by the ENGINEER as the OWNER's representative shall be promptly carried out, and any claim arising therefrom shall be resolved as provided in Article 7. Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the OWNER'S representative shall have the authority to issue written stop work orders whenever such stoppage may be necessary to insure the performance of the Work in accordance with the Contract Documents. 3.02 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with four (4) copies of all Plans and Specifications without expense to the CONTRACTOR, and the CONTRACTOR shall keep one full size copy of the same constantly accessible on the job site, with the latest revisions noted thereon. The CONTRACTOR shall be responsible for preserving the Plans and Specifications, timely and accurately updated, for reference and review by the OWNER or the ENGINEER and submittal of redlines during closeout. 3.03 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the obligations imposed under this Contract for the furnishing by the CONTRACTOR of new material of good quality, and for good and workmanlike performance of the Work as herein described, and in full accordance with the Contract Documents, without alteration, deletion or change.No failure or omission of the OWNER'S representative to discover, object to or condemn any non-conforming or defective work or material, or to stop work, shall release the CONTRACTOR from the obligation to fully and properly perform the Contract, including without limitation, the obligation to at once remove and properly replace any defective work or material at any time prior to final acceptance, upon discovery of such non-conforming or defective work or material. Any questioned Work may be ordered taken up or removed for inspection by the ENGINEER prior to final acceptance, and if found not to be in accordance with the Contract Documents, all expense of removing, inspection and repair or replacement shall be borne by the CONTRACTOR; otherwise the expense thus incurred shall be allowed as Extra Work and shall be paid for by the OWNER, provided that where inspection or approval is specifically required by the Specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior inspection or approval, he shall bear all expense of taking up, removing and replacing this work if so directed by the ENGINEER. 10-2012 00700-6 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3.04 INSPECTION BY ENGINEER. The ENGINEER will make periodic visits to the site to observe the progress and quality of the executed Work and to determine if such Work generally meets the essential performance and design features and the technical, functional /or engineering requirements of the Contract Documents, and is in all other respects being performed in compliance with the Contract Documents. However, the ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on-site inspections to check the quality and/or quantity of the work, nor shall the ENGINEER be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident to the Work being performed or any part thereof. The ENGINEER shall use reasonable care to prevent deviation from the intent and substance of the Contract Documents by the CONTRACTOR in the performance of the Work and any part thereof and, on the basis of such on-site observations, will keep the OWNER informed of the progress of the work and will endeavor to guard the OWNER against defects and deficiencies in the Work of the CONTRACTOR. Notwithstanding any other provision of this Agreement or any other Contract Document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractors, agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the Work. 3.05 DETERMINATION OF QUESTIONS AND DISPUTES. In order to prevent delays and disputes and to discourage litigation, it is agreed that the ENGINEER shall, in all cases, determine the quantities and qualities of the several kinds of Work, which are to be paid for under this Contract. The ENGINEER shall address all questions in relation to said Work and the construction thereof, as well as all claims, disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the Work or the interpretation of the Contract Documents. In the event the ENGINEER shall become aware of or shall receive information that there is a dispute or a possible dispute as to the reasonable interpretation of the terms and conditions of the Contract Documents, or any other dispute or question, the ENGINEER shall, within a reasonable time, provide a written interpretation of the Contract Documents or a written decision on all questions arising relative to the execution of the Work, copies of which shall be delivered to all parties to the Contract. If the CONTRACTOR or OWNER desires to take exception to any directions, order, interpretation or instructions of the ENGINEER, CONTRACTOR or OWNER shall present any such claim to the ENGINEER in accordance with the provisions of Section 7.04. 3.06 RECOMMENDATION OF PAYMENT. The ENGINEER shall review the CONTRACTOR's application for payment and supporting documents, shall determine the amount owed to the CONTRACTOR and shall provide written recommendation to the OWNER for payment to the CONTRACTOR in such amount. Such recommendation of payment to CONTRACTOR shall constitute a representation to the OWNER of the ENGINEER's judgment that the work has progressed to the point indicated, to the best of his knowledge, information and belief; however, such recommendation of an application for payment to CONTRACTOR shall not be deemed an acceptance of any defective or non-conforming Work. Any recommendation of payment by the ENGINEER shall be subject to OWNER's rights to withhold payment under Section 6.11 and as otherwise provided in the Contract. 10-2012 00700-7 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4.01 INDEPENDENT CONTRACTOR. CONTRACTOR is, and shall remain, an independent contractor, solely responsible for the manner and method of completing the Work under this Contract, with full and exclusive power and authority to direct, supervise and control his own employees and to determine the means, method and manner of performing such Work, so long as such methods comply with the requirements of the Contract Documents, and do not adversely affect the completed improvements or any other property abutting or adjoining the Work area, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Plans, Specifications and Contract Documents. The fact that the OWNER or ENGINEER as the Owner's representative shall have the right to observe CONTRACTOR's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the OWNER and the ENGINEER hereunder, is not intended to and shall not at any time change or affect the status of the CONTRACTOR as an independent contractor with respect to either the OWNER or the ENGINEER as the OWNER's representative or to the CONTRACTOR's own employees or to any other person, firm or corporation. 4.02 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the Work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, the general and local conditions, including but not limited to weather, access, lay down and storage areas, and all other matters which in any way affect the Work under this Contract. It is further understood that the CONTRACTOR has satisfied himself as to the terms, meaning, intent and requirements of all of the Contract Documents, and applicable laws, codes, regulations and ordinances. CONTRACTOR hereby warrants and represents that it has taken into consideration all of the foregoing factors, and CONTRACTOR shall perform the Work for the Contract Price and within the Contract Time. No verbal agreement or conversation with any officer, agent or employee of the OWNER or the ENGINEER, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 4.03 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with all federal, state or local laws, codes, ordinances, permits and regulations, regardless of whether the same are adopted before or after the execution of this Contract, which in any manner affect the Contract or the work, and shall indemnify, save and hold harmless the OWNER and the ENGINEER against any claim arising out of the violation of any such laws, ordinances and regulations, whether by the CONTRACTOR or his agents, employees, subcontractors or vendors. If the CONTRACTOR observes that the Plans and Specifications are at variance with federal or state laws or codes or the ordinances or regulations of the City, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be made as provided in the Contract for changes in the work. If the CONTRACTOR performs any work knowing it to be contrary to such laws, codes, ordinances, rules or regulations, or if CONTRACTOR reasonably should have known of any such violation, and without such notice to the ENGINEER, CONTRACTOR shall bear all costs arising therefrom. The OWNER is a Political Subdivision of the State of Texas, and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the OWNER may enter into contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein. Neither the act 10-2012 00700-8 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT of OWNER entering into this Contract, nor OWNER's performance hereunder, shall constitute a waiver of any immunity from suit enjoyed by OWNER under applicable law, all such rights and defenses being hereby expressly reserved, notwithstanding any term or provision herein to the contrary. The Code of Ordinances and other applicable regulations of the OWNER shall be deemed to be embodied in this Contract. The prevailing wage rates applicable to this Project shall be either Document 00811 —Wage Scale for Engineering Construction, or Document 00813 — Wage Scale for Building Construction, or both, as set out in the Project Manual. 4.04 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal.control and will give his personal attention to the fulfillment of this Contract and that he will not assign, by power of attorney or otherwise, or sublet said Contract, or any rights, duties or obligations arising thereunder, in whole or in part, without the prior written consent of the OWNER, and that no part or feature of the Work will be sublet to anyone objectionable to the ENGINEER or the OWNER. In addition, the OWNER reserves the right to disapprove the subletting of this Contract or any portion hereof on any basis whatsoever. The CONTRACTOR further agrees that the subletting of any portion or feature of the Work or materials required in the performance of this Contract shall not relieve the CONTRACTOR from his obligations to the OWNER, as provided for by this Agreement. 4.05 PERFORMANCE,PAYMENT AND MAINTENANCE BONDS. In the event the Contract Price shall be in excess of $25,000.00, the CONTRACTOR shall execute separate Performance,Payment and Maintenance Bonds, each in the sum of one hundred percent(100%) of the Contract Price, and each in accordance with the provisions of Chapter 2253 of the Texas Government Code. If the Contract Price does not exceed $25,000.00, the statutory bonds will not be required. All required Bonds shall be payable to OWNER and on forms approved by the OWNER, and shall be executed by a corporate surety in accordance with Article 7.19-1 of the Texas Insurance Code. It is agreed that the Contract shall not be in effect until such original Performance, Payment and Maintenance Bonds are delivered to and approved by the OWNER. The cost of the premium for the Performance, Payment and Maintenance Bonds, should Maintenance Bonds be required, shall be included in the CONTRACTOR's Bid Proposal. All bonds shall be issued by Texas Department of Insurance approved surety companies. 4.06 INSURANCE. The CONTRACTOR, at his own expense, shall procure, maintain and keep in force throughout the duration of the Work, and throughout the Guarantee Period, insurance as specified in Attachment No. 1 hereto with regard to Workers' Compensation Insurance, and as specified in Attachment No: 3 hereto with regard to all other Insurance. Such insurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection with this Contract, whether performed by the CONTRACTOR or a subcontractor, or others for whom CONTRACTOR is responsible. 4.07 PERMITS AND FEES. Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for all permits, licenses, and inspections necessary for proper execution and completion of the Work, and which are legally required at the time bids are received. Permits required by the City of Pearland will be issued as a NO FEE permit. 4.08 TEXAS STATE SALES TAX. Materials incorporated into this project are exempt from State Sales according to provisions of the Texas Tax Code, Chapter 151, Subsection H. 10-2012 00700-9 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT The Contractor must obtain a limited sales, excise and use tax permit or exemption certificate which shall enable him to buy the materials to be incorporated into the Work without paying tax at due time of purchase. 4.09 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this Contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the ENGINEER as the OWNER'S representative. The superintendent shall represent the CONTRACTOR in his absence and shall act as the agent of the CONTRACTOR, and all directions given to him shall be binding as if given to the CONTRACTOR. Adequate supervision by competent and reasonable representatives of the CONTRACTOR is essential to the proper performance of the Work, and lack of such supervision shall be an act of default, and grounds for suspending operations of the CONTRACTOR. The Superintendent cannot be removed from the project without the consent of the Owner; the Superintendent must speak and understand the English language; the Superintendent must be on site when any work on the project is being done, even when a subcontractor is performing the work. The Work, from its commencement to completion, shall be under the exclusive charge and control of the CONTRACTOR, and all risk in connection therewith shall be borne by the CONTRACTOR. Neither the OWNER nor the ENGINEER as the OWNER's representative will be responsible for the acts or omissions of the CON TRACTOR, its subcontractors or any of its agents or employees, or any other persons performing any of the Work. 4.10 CHARACTER OF WORKERS. The CONTRACTOR agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this Contract,to do the Work, and agrees that whenever the ENGINEER_ shall inform him in writing that any worker or workers on the Work are, in his opinion, incompetent, unfaithful or disorderly, or in the ENGINEER's opinion, are not using their best efforts for the progress of the Work, such worker or workers shall be discharged from the Work and shall not again be employed on the Work without the ENGINEER's written consent. OWNER reserves the right to bar any person, subcontractor, or supplier found to be incompetent, unfaithful, disorderly, or not using their best efforts to progress work or considered to be a threat to the health, safety and welfare to the project or workforce. 4.11 LABOR, EQUIPMENT, MATERIALS, CONSTRUCTION PLANT, AND BUILDINGS. The CONTRACTOR shall provide all labor, services, tools, equipment, machinery, supplies, facilities, utilities and materials necessary in the prosecution and completion of this Contract where it is not otherwise specifically provided that the OWNER shall furnish same; and further, the CONTRACTOR shall be responsible for the care, preservation, conservation and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction and any and all parts of the Work, whether the CONTRACTOR has been paid, partially paid or not paid for such Work, until the entire Work is completed and accepted. The building or placement of structures for housing workers or offices, or the erection of tents or other forms of protection, will be permitted only with the ENGINEER's written permission, and at 10-2012 00700- 10 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about Cim.\ such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. Any structures of any nature constructed, placed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection, placement or construction thereof; and the CONTRACTOR agrees to indemnify and hold the ENGINEER or OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, placement, construction or maintenance of CONTRACTOR's buildings or structures. 4.12 SANITATION.Necessary sanitary conveniences for the use of laborers and others on the Work site, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. Any structures of any nature constructed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection or construction thereof, and the CONTRACTOR agrees to indemnify and hold the ENGINEER and OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, construction or maintenance of CONTRACTOR's buildings. 4.13 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep and maintain the premises free from accumulation of debris, trash and waste. The CONTRACTOR shall remove waste, debris and trash at the end of each work day. CONTRACTOR shall remove all such debris, trash and waste, tools, scaffolding and surplus materials, and shall leave the Work broom-clean or its equivalent, upon completion of the Work. The Work shall be left in good order and condition. In case of dispute, the OWNER may remove the debris,trash,waste and surplus materials, and charge the cost to the CONTRACTOR. 4.14 PERFORMANCE OF WORK. It is further agreed that it is the intent of this Contract that all Work must be done and all material must be furnished in accordance with the generally accepted practice for such materials furnished or work completed, unless otherwise provided in the Contract Documents. 4.15 RIGHT OF OWNER TO ACCELERATE THE WORK. If at any time the methods or equipment used by the CONTRACTOR, or the work force supplied are found to be inadequate to achieve the progress required to Substantially Complete the Work within the Contract Time, the OWNER or the ENGINEER as the OWNER'S representative, may order the CONTRACTOR in writing to supplement its forces and/or equipment, or work shifts or overtime, or otherwise improve its efficiency and rate of progress to achieve Substantial Completion of the Work within the Contract Time, and the CONTRACTOR shall comply with such order, at its own cost and expense. 4.16 LAYOUT OF WORK. Except as specifically provided herein, the CONTRACTOR shall be responsible for laying out work by means of construction surveying and shall accomplish this work in a manner acceptable to the ENGINEER and in conformance with the Contract Documents. 4.17 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in his own Work or in that of any other contractor, six (6) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules 10-2012 00700- 11 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT required for the work of the various trades. Contractor will check and approve shop drawings for compliance with requirements of Contract Documents and will so certify by stamp on each drawing prior to submittal to ENGINEER. Any drawings submitted without Contractor's stamp of approval will not be considered and will be returned to him for proper submission. The ENGINEER shall pass upon them with reasonable promptness, indicating desired corrections. The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two (2) corrected copies and furnish such other copies as may be needed. The ENGINEER's approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from the Contract Documents, unless he has, in writing, called the ENGINEER's attention to such deviations at the time of the submission, and the ENGINEER has acknowledged and accepted such deviations in writing, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required Contract Work in accordance with the Contract Documents, and within the Contract Time. Such review by the ENGINEER shall be for the sole purpose of determining the apparent sufficiency of said drawings or schedules to result in finished improvements in conformity with the Contract Documents, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR's performance hereunder, and any action taken by the ENGINEER shall not relieve the CONTRACTOR of his responsibility and liability to comply with the Contract Documents. OWNER, CONSTRUCTION MANAGER, ENGINEER, and CONTRACTOR shall make all submittals, review comments, notes, corrections, schedules and updates, testing results, payment applications, instructions and other communications by means of the OWNER'S Pro-Trak. The OWNER,ENGINEER and CONTRACTOR shall each retain such hard copies form this system as are required for their specific record keeping requirements. No documents shall be removed from this system or destroyed except those being replaced by the systems protocols as a latest version document. All requirements for written communications, submittals, comments, instructions or other documents processed by means of this system shall have the same legal or time sensitive status as if they had been hand delivered in hard copy to their intended addressee. 4.18 ENGINEER-CONTRACTOR RELATIONSHIP; OBSERVATIONS. It is agreed by the CONTRACTOR that the ENGINEER, as the OWNER's representative, shall be and is hereby authorized to appoint such subordinate engineers, representatives or observers as the said ENGINEER may from time to time deem proper to observe the materials furnished and the Work done under this Agreement. The CONTRACTOR shall furnish all reasonable aid and assistance required by the subordinate engineers, representatives or observers for the proper observation and examination of the work. The CONTRACTOR shall regard and obey the directions and instructions of any subordinate engineers, representatives or observers so appointed, when such directions and instructions are consistent with the obligations of this Agreement and the Contract Documents, provided, however, should the CONTRACTOR object to any orders by any 10-2012 00700- 12 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT subordinate engineer, representative or observer, the CONTRACTOR may, within three (3) days, Cia.\ make written appeal to the ENGINEER for his decision. 4.19 OBSERVATION AND TESTING. The OWNER or the ENGINEER as the OWNER's representative shall have the right at all reasonable times to observe, inspect and test the Work. The CONTRACTOR shall make all necessary arrangements and provide proper facilities and access for such observation, inspection and testing at any location wherever Work is in preparation or progress. The CONTRACTOR shall ascertain the scope of any observation, inspection or testing which may be contemplated by the OWNER or the ENGINEER and shall give ample notice as to the time each part of the Work will be ready for such observation, inspection or testing. The OWNER or the ENGINEER may reject any Work found to be defective or not in accordance with the Contract Documents, regardless of the stage of its completion or the time or place of discovery of such deficiencies, and regardless of whether the ENGINEER has previously accepted the Work through oversight or otherwise. If any Work is covered without approval or consent of the OWNER, it must, if requested by the OWNER or the ENGINEER, be uncovered for examination, at the sole expense of the CONTRACTOR. In the event that any part of the Work is being fabricated or manufactured at a location where it is not convenient for the OWNER or the ENGINEER to make observations of such Work or require testing of said Work, then in such event, the OWNER or the ENGINEER may require the CONTRACTOR to furnish the OWNER or the ENGINEER with certificates of inspection, testing or approval made by independent persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the Contract Documents. If any Work, which is required to be inspected, tested or approved, is covered up without written approval or consent of the OWNER or the ENGINEER, it must, if requested by the OWNER or the ENGINEER, be uncovered for observation and testing, at the sole expense of the CONTRACTOR. The cost of all such inspections, tests and approvals shall be borne by the CONTRACTOR unless otherwise provided herein. Any Work which fails to meet the requirements of such tests, inspections or approval, and any Work which meets the requirements of any such tests or approval but does not meet the requirements of the Contract Documents shall be considered defective. Such defective Work and any other work affected thereby shall be corrected at the CONTRACTOR'S expense. Neither observations by the OWNER or by the ENGINEER, nor inspections, certifications, tests or approvals made by the OWNER, the ENGINEER or other persons authorized under this Agreement to make such inspections, tests or approvals, shall relieve the CONTRACTOR from his obligation to perform the Work in accordance with the requirements of the Contract Documents. 4.20 DEFECTS AND THEIR REMEDIES. It is further agreed that if the Work or any part thereof or any material brought on the site of the Work for use in the Work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the Contract Documents, the CONTRACTOR shall, after receipt of written notice thereof from the (("b.\ ENGINEER, forthwith remove such material and rebuild or otherwise remedy such Work so that it shall be in full accordance with this Contract, It is further agreed that any such remedial action contemplated herein shall be at CONTRACTOR's expense. 10-2012 00700- 13 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.21 LIABILITY FOR PROPER PERFORMANCE. Engineering construction drawings and specifications, as well as any additional instructions and information concerning the Work to be performed, passing from or through the ENGINEER, shall not be interpreted as requiring or allowing the CONTRACTOR to deviate from the Contract Documents, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to Work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable and contractually bound, at his own expense, for design, construction, installation and use or non-use of all items and methods incident to the performance of the Contract, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, similar items or devices used by him during construction, and work performed either directly or incident to construction, and for all loss, damage or injury incident thereto, either to person or property, whether such damage be suffered by the ENGINEER,the OWNER or any other person not a party to this Contract. Any review of Work in progress or any visit or observation during construction, or any clarification of Contract Documents by the ENGINEER or OWNER, or any agent, employee or representative of either of them, whether through personal observation on the Project site or by means of approval of shop drawings for construction or construction processes, or by other means or methods, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of Work completed or being performed, as measured against the Contract Documents, or for the purpose of enabling the CONTRACTOR to more fully understand the Contract Documents so that the completed construction Work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for proper performance of his Work on the Project, including, without limitation, the propriety of means and methods of the CONTRACTOR in performing said Contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Any action by the ENGINEER or the OWNER in visiting or observing during construction, or any clarification of Contract Documents shall not constitute a waiver of CONTRACTOR'S liability for damages as herein set out. Deviation by the CONTRACTOR from Contract Documents, whether called to the CONTRACTOR's attention or not, shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said Contract Documents, and further shall not relieve CONTRACTOR of his liability for loss, damage or injury as herein set out. 4.22 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR shall be solely responsible for the safety of himself, his employees and persons entering the project site, as well as for the protection of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. The CONTRACTOR shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the Work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded, as a minimum, in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The CONTRACTOR shall provide all necessary machinery guards, safe walkways, ladders, bridges, gangplanks, barricades, fences,traffic control, warning signs and other safety devices. 10-2012 00700- 14 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT No alcoholic beverages, non-prescription drugs, or unsafe practices shall be allowed on the Work site. CONTRACTOR shall,dismiss anyone participating in any of the above from the Work site for the duration of the Project. Only prescription drug uses with a doctor's authorization to perform construction activities shall be allowed on the Work site. Violation of this provision is a default under the Contract. The use, possession, sale, transfer, purchase or being under the influence of alcohol, drugs or any other illegal or unlawful substance by CONTRACTOR or CONTRACTOR's employees, or CONTRACTOR's subcontractors and employees at any time at the Work site or while on company business is prohibited. CONTRACTOR shall institute and enforce appropriate drug testing guidelines and program. All accidents or injuries to CONTRACTOR's employees working on the job site must be reported verbally and in writing to the ENGINEER immediately, and within no more than eight(8)hours. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, in his sole discretion as an independent contractor. Inclusion of this paragraph in the Agreement, as well as any notice which may be given by the OWNER or the ENGINEER as the OWNER's representative concerning omissions under thus paragraph as the Work progresses, are intended as reminders to the CONTRACTOR of his duty and shall not be construed as any assumption of duty by ENGINEER, or OWNER's representative to supervise safety precautions by either the CON 1RACTOR or any of his subcontractors. 4.23 PROTECTION OF ADJOINING PROPERTY. The CONTRACTOR shall employ proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent or adjoining property. THE CONTRACTOR AGREES TO INDEMNIFY, DEFEND, SAVE AND HOLD HARMLESS THE CONSTRUCTION MANAGER, OWNER AND ENGINEER AGAINST ANY CLAIM OR CLAIMS FOR DAMAGES, LOSS, COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, DUE TO ANY INJURY TO ANY ADJACENT OR ADJOINING PROPERTY, ARISING OR GROWING OUT OF THE PERFORMANCE OF THE CONTRACT, REGARDLESS OF WHETHER OR NOT SUCH DAMAGE, LOSS, COST OR EXPENSE IS CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER AND/OR ENGINEER. 4.24 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. THE CONTRACTOR AGREES THAT HE WILL PROMPTLY PAY WHEN DUE, AND WILL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ALL CLAIMS GROWING OUT OF THE DEMANDS OF SUBCONTRACTORS, LABORERS, WORKERS, MECHANICS, MATERIALMEN AND FURNISHERS OF MACHINERY AND PARTS THEREOF, EQUIPMENT, POWER TOOLS AND ALL SUPPLIES, INCLUDING COMMISSARY, INCURRED IN THE FURTHERANCE OF THE PERFORMANCE OF THIS CONTRACT. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory (*"" ' evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may, at the option of the OWNER, either pay directly any unpaid bills of which the OWNER has written notice, or withhold from the CONTRACTOR's unpaid compensation a sum of money deemed reasonably 10-2012 00700- 15 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT sufficient to liquidate any and all such claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this Contract. Any and all communications between any parties under this paragraph shall be in writing. Nothing contained in this paragraph or this Agreement shall create, establish or impose any relationship, contractual or otherwise,between OWNER and any subcontractor, laborer or supplier of CONTRACTOR, nor shall it create, establish or impose any duty upon OWNER to pay or to see to the payment of any subcontractor, laborer or supplier of CONTRACTOR. 4.25 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR shall pay all royalties and license fees and shall provide for the use of any design, device, material or process covered by letters patent or copyright, by suitable legal agreement with the patentee or owner thereof THE CONTRACTOR SHALL DEFEND ALL SUITS OR CLAIMS FOR INFRINGEMENT OF ANY PATENT OR COPYRIGHT AND SHALL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF, EXCEPT SUCH SUITS AND CLAIMS ARISING OUT OF A PARTICULAR DESIGN, DEVICE, MATERIAL OR PROCESS OR THE PRODUCT OF A PARTICULAR MANUFACTURER OR MANUFACTURERS SPECIFIED OR REQUIRED BY THE OWNER; PROVIDED, HOWEVER, IF CHOICE OF ALTERNATE DESIGN, DEVICE, MATERIAL OR PROCESS IS ALLOWED TO THE CONTRACTOR, OR IF CONTRACTOR KNEW OR SHOULD HAVE KNOWN OF THE PATENT OR COPYRIGHT AND FAILED TO PROMPTLY NOTIFY OWNER IN WRITING, THEN THE CONTRACTOR SHALL INDEMNIFY, DEFEND, SAVE AND HOLD THE OWNER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF. 4.26 INDEMNIFICATION. THE CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE ENGINEER AND THE OWNER HARMLESS FROM ANY CLAIMS OR DEMANDS OF ANY NATURE WHATSOEVER MADE BY ANY EMPLOYEE, EMPLOYEES, AGENTS OR SUBCONTRACTORS OF CONTRACTOR, OR BY ANY UNION, TRADE ASSOCIATION, WORKER'S ASSOCIATION OR OTHER GROUPS, ASSOCIATIONS OR INDIVIDUALS,ALLEGEDLY REPRESENTING EMPLOYEES OF THE CONTRACTOR, IN ANY DISPUTE BETWEEN THE CONTRACTOR AND HIS EMPLOYEES, DIRECTLY OR INDIRECTLY INVOLVING, GROWING OUT OF OR ARISING FROM CLAIMS BY SUCH EMPLOYEES FOR WAGES, SALARY, COMPENSATION, BENEFITS, WORKING CONDITIONS OR ANY OTHER SIMILAR COMPLAINT OR CLAIM WHICH MAY BE MADE. THE CONTRACTOR, HIS SURETIES AND INSURANCE CARRIERS SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER AND THE ENGINEER AND THEIR RESPECTIVE OFFICERS, REPRESENTATIVES, AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, CLAIMS, LOSSES, DEMANDS, SUITS, LIABILITIES, JUDGMENTS AND COSTS OF ANY CHARACTER WHATSOEVER, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, AND SHALL BE REQUIRED TO PAY ANY JUDGMENT THEREFOR, WITH COSTS, WHICH MAY BE OBTAINED AGAINST THE OWNER AND/OR THE ENGINEER OR ANY OF THEIR OFFICERS, REPRESENTATIVES, AGENTS OR EMPLOYEES, ARISING OUT OF OR RESULTING FROM OR ALLEGEDLY ARISING OUT OF OR RESULTING FROM THE PERFORMANCE 10-2012 00700- 16 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT OF THE WORK, PROVIDED THAT ANY SUCH DAMAGES, CLAIM, LOSS, DEMAND, SUIT,LIABILITY, JUDGMENT, COST OR EXPENSE: (A) ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN PART, OR ALLEGEDLY ARISES.OUT OF OR RESULTS FROM IN WHOLE OR IN PART, ANY BREACH OF THIS AGREEMENT OR BREACH OF WARRANTY BY CONTRACTOR; OR (B) IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE OR DEATH OR INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY, INCLUDING THE LOSS OF USE RESULTING THEREFROM; AND IS CAUSED IN WHOLE OR IN PART OR IS ALLEGEDLY CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF THE CONTRACTOR, ANY SUBCONTRACTOR, THEIR AGENTS OR EMPLOYEES OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY ONE OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT IT IS CAUSED IN PART OR ALLEGEDLY CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER, ENGINEER AND/OR A PARTY INDEMNIFIED HEREUNDER. Notwithstanding the foregoing or anything in the Agreement to the contrary, in accordance with the provisions of Section 130.002 of the Texas Civil Practice and Remedies Code, CONTRACTOR shall not be obligated to indemnify or hold harmless the ENGINEER,his agents, servants or employees, from liability for damage that is caused by or results from defects in plans, designs or specifications prepared, approved or used by the ENGINEER, or negligence of the ENGINEER in the rendition or conduct of professional duties called for or arising out of any construction contract and the plans, designs or specifications that are a part of the construction contract, and arises from personal injury or death, property injury, or any other expense that arises from personal injury, death, or property injury. This indemnity agreement is a continuing obligation, and shall survive notwithstanding completion of the Work, Final Payment, expiration of the warranty period, termination of the Contract, and abandonment or takeover of the Work. CONTRACTOR's indemnification obligations hereunder shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or a subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts, and shall not be limited by any limitation on amounts or coverage of insurance provided or to be provided under this Contract. 4.27 LOSSES FROM NATURAL CAUSES. All loss, cost, expense or damage to the ( CONTRACTOR arising out of the nature of the Work to be done or from any unforeseen circumstances in the prosecution of the same, or from the action of the elements, or from unusual obstructions or difficulties which may be encountered in the prosecution of the Work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 10-2012 00700- 17 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.28 GUARANTEE. The CONTRACTOR hereby guarantees all the Work under the r.."*) Contract to be free from defects or deficiencies in material in every particular and free from defects or deficiencies in workmanship; and against unusual damage from proper and usual use; and agrees to replace or to re-execute without cost to the OWNER such Work as may be found to be defective, deficient or otherwise not in conformance with the Contract Documents, and to make good all damages caused to other work or material, due to such defective Work or due to its required replacement or re-execution. This guarantee shall cover a period of one year from the date of Substantial Completion or Partial Substantial Completion of Work under the Contract, as evidenced by the Certificate of Substantial Completion. Neither the Certificate of Substantial Completion, Final Payment, nor any provision in the Contract Documents shall relieve the CONTRACTOR of the responsibility for defective, deficient or non-conforming material or workmanship during the period covered by the guarantee. The one-year period of guarantee will not limit the OWNER'S other rights under common law with respect to any defects, deficiencies or non-conforming Work discovered after one year. If this one-year guarantee conflicts with other warranties or guarantees,the longer period of warranty or guarantee will govern. 5.0 PROSECUTION AND PROGRESS 5.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his Work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the Work shall be Substantially Completed as a whole and in. part,.in accordance with this Contract and the Contract Time; provided, also, that when the OWNER is having other work done, either by contract or by his own forces, the ENGINEER may direct the time and manner of constructing the Work done under this Contract, so that conflict will be avoided and the construction of the various works being'done 'for the OWNER shall be harmonized, and the CONTRACTOR shall fully cooperate and coordinate its Work with OWNER or such other contractors. The CONTRACTOR shall submit, 'an updated schedule with every pay estimate for review by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the Work, with dates on which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. Such schedules shall show completion of the Work within the Contract Time, and/or shall show such recovery efforts as CONTRACTOR intends to undertake in the event Substantial'Completion of the Work is delayed. 5.02 EXTENSION OF TIME. The CONTRACTOR agrees that he has submitted his Bid Proposal in full recognition of the time required for the completion of this Project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions as hereinafter set forth, and that he shall not be entitled to, nor will he request, an extension of time on this Contract, except when Substantial Completion of the Work has been delayed solely by strikes, lockouts, fires, Acts of God, or by any other cause which the ENGINEER shall decide justifies the delay. The CONTRACTOR shall give the ENGINEER prompt notice, in writing and within three (3) days of the start of any such delay, of the cause of any such delay, and its estimated effect on the Work and the' schedule for completion of the Work. Upon receipt of a written request for an extension of the Contract Time from the CONTRACTOR, supported by 'relevant and all requested documentation, the 10-2012 00700- 18 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ENGINEER shall submit such written request, together with his written recommendation, to the OWNER for consideration. If the delay is not attributable in whole or in part to any act or omission of CONTRACTOR, its subcontractors or suppliers, and if the OWNER determines that CONTRACTOR is entitled to an extension of time under the terms of the Contract, the OWNER shall grant an extension of time for Substantial Completion of the Work, sufficient to compensate for the delay, and such extension of time shall be CONTRACTOR's sole and exclusive remedy, except as may be otherwise provided herein. No extensions of Contract Time shall be made for delays occurring prior to the Contractor's mobilization as defined in Section 01505 MOBILIZATION. The Contract Time as defined in the Bid Proposal and other sections herein incorporates 40 Rain Days per calendar year or an average of 3.33 days per calendar month. The CONTRACTOR is required to keep record of all weather related delays and to submit the monthly count on each Pay Application. The Owner's Representative shall review and sign off on this record as a part of the Pay Application approval process every month. If, during preparation of the Balancing Change Order, the status of the work progress requires an extension of the Contract Time, Impact Days shall be added to the Completion Date equal to the total number of Weather or Impact Days approved less the original 40 days resident in the original Contract Time. The Addition of Weather or Impact Days will only alter the Contract Time when added by Change Order. If the Work is completed prior to the Completion Date, No Days will be added. The addition of Weather or Impact Days shall be the CONTRACTOR's sole remedy for delays to the completion of the Work and their addition to the Contract Time shall not affect the Contract Price through any "per diem" adjustment to the General Conditions costs, Temporary Facilities costs or ( any other costs associated with the extension of the Contract Time. 5.03 HINDRANCES AND DELAYS. In executing the Contract, the CONTRACTOR agrees that in undertaking to complete the Work within the time herein fixed, he has taken into consideration and made allowances for all interference, disruption, hindrances and delays incident to such Work, whether growing out of delays in securing material, workmen or otherwise. No claim shall be made by the CONTRACTOR for damages, loss, costs or expense resulting from interference, disruption, hindrances or delays from any cause during the progress of any portion of the Work embraced in this Contract, except where the Work is stopped or suspended by order of the OWNER's representative and such stoppage or suspension is not attributable to any act or omission of CONTRACTOR. 5.04 SUSPENSION OF WORK. OWNER may, without cause, order the CONTRACTOR in writing to suspend the Work, in whole or in part, for such period of time as OWNER may request. The Contract Price and/or Contract Time shall be adjusted for any increase in the cost of or the time required for performance of the Work caused by such suspension. No adjustment shall be made to the extent performance was or would have been suspended by a cause for which CONTRACTOR is responsible, or to the extent an adjustment is made or denied under another provision of the Contract Documents. 5.05 LIQUIDATED DAMAGES FOR DELAY: It is understood and agreed that time is of the essence, and that the CONTRACTOR will commence the Work on the date specified herein or in any Notice to Proceed, and will Substantially Complete the Work within the Contract (sel"' Time. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the Substantial Completion of the Work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The CONTRACTOR further 10-2012 00700- 19.of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT agrees that a failure to complete on time will cause damage to the OWNER and that such damages cannot be accurately measured or that ascertainment will be difficult. Therefof`'D, the parties agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the Contract Time, the CONTRACTOR shall pay, as liquidated damages and as a reasonable estimate of OWNER's damages, and not as a penalty,the amount set out in the Standard Form of Agreement. However, the foregoing agreement as to liquidated damages constitutes only an agreement by the OWNER and the CONTRACTOR as to the amount of damages which the OWNER will sustain by reason of the CONTRACTOR'S failure to complete the work within the Contract Time. Should the OWNER suffer damage by reason of any other breach by CONTRACTOR, the OWNER may recover such actual damages in addition to any liquidated damages due. The OWNER shall have the right to deduct and withhold the amount of any and all such damages whether it be the minimum amount stipulated above or otherwise, from any monies owing by it to said CONTRACTOR, or the OWNER may recover such amount from the CONTRACTOR and the sureties of his bond; all of such remedies shall be cumulative and the OWNER shall not be required to elect any one nor be deemed to have made an election by proceeding to enforce any one remedy. 5.06 CHANGE OF CONTRACT TIME: The Contract Time may only be changed by a Change Order. Any claim for an adjustment of Contract Time shall be based on written notice delivered by the party making such claim to the other party and to the ENGINEER promptly, but in no event later than ten (10) days after the event-giving rise to the claim. Notice of the extent of .h the claim, along with supporting data, shall be delivered within thirty (30) days of the occurrence and shall be accompanied by the claimant's written representation that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in Contract Time shall be determined by the ENGINEER in accordance with the requirements of this paragraph. Contractor shall submit, as a minimum,the following data: A. Information showing that the time requested is not included in the existing Contract and in addition to the Contract. B. Information documenting that the number of days requested is accurate for the event. C. Revised, current construction schedule showing that the time requested affects the project's critical path. 5.07 DELAYS BEYOND OWNER'S AND CONTRACTOR'S CONTROL: Where CONTRACTOR is prevented from completing any part of the Work within the Contract Time due to delays beyond the control of the OWNER and the CONTRACTOR, including, but not limited to, interference by utility owners or other contractors performing other work, Contractor shall be entitled to an extension of the Contract Time in an amount equal to the time lost. CONTRACTOR shall not be entitled to any increase in Contract Price as a result of such delays. IN NO EVENT SHALL OWNER BE LIABLE TO CONTRACTOR FOR DAMAGES ARISING OUT OF OR RESULTING FROM (i) Delays caused by, or within the control of, the CONTRACTOR, or (ii) Delays beyond the control of both parties including, but not limited to, interference by utility owners or other contractors performing other work, fires, floods, epidemics, abnormal weather conditions, acts of God, even if such delays are due in part to the negligence, other fault, breach of contract or warranty, violation of the Texas Deceptive Trade Act, or strict liability without regard 10-2012 00700-20 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT to fault of OWNER. An extension of Contract time shall be CONTRACTOR's sole and exclusive (466 remedy for any such delays. Delays attributed to, and within the control of, a Subcontractor or Supplier shall be deemed to be delays within the control of the CONTRACTOR. 6.0 MEASUREMENT AND PAYMENT 6.01 DISCREPANCIES AND OMISSIONS. If the CONTRACTOR knows or reasonably should have known of any discrepancies or omissions in the Contract Documents, he shall notify the ENGINEER and obtain a clarification by Addendum before the bids are received, and if no such request is received by the ENGINEER prior to the opening of bids, then it shall be considered that the CONTRACTOR fully understands the Work to be performed and has provided sufficient sums in his Bid Proposal to complete the Work in accordance with the Contract Documents. It is further understood that any request for clarification must be submitted no later than five(5) days prior to the opening of bids. 6.02 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, volume, number and weight only shall be considered,unless otherwise specifically provided. 6.03 ESTIMATED QUANTITIES. This Agreement, including the Contract Documents, and including any estimates contained therein, is intended to convey all Work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of Work to be done and material to be furnished under this Contract, they are approximate and are to be used only as a basis for estimating the probable cost of the Work and for comparing the Bid Proposals offered for the Work. It is understood and agreed that the actual amount of Work to be done and the materials to be furnished under this Contract may differ from the estimates and that the items listed or estimated quantities stated, and/or any difference between estimated and actual Work, shall not give rise to a claim by the CONTRACTOR against the OWNER for loss, cost, expense, damages,unit price adjustment, quantity differences,unrecovered overhead or lost or anticipated profits, or other compensation. 6.04 PRICE OF WORK. It is agreed that it is the intent of this Contract that all Work described in the Bid Proposal, and Contract Documents, is to be done for the prices bid by the CONTRACTOR and that such prices shall include all appurtenances necessary to complete the Work in accordance with the intent of these Contract Documents as interpreted by the ENGINEER, and all costs, expenses, bond and insurance premiums, taxes, overhead, and profit. In consideration of the furnishing of all the necessary labor, equipment and material and the completion of all Work by the CONTRACTOR, and upon the completion of all Work and the delivery of all materials embraced in this Contract in full conformity with the Contract Documents, the OWNER agrees to pay to the CONTRACTOR the prices set forth in the Standard Form of Agreement, OWNER and CONTRACTOR agree that the Contract is a unit cost agreement, unless stated otherwise, and that the final Contract amount is equal to the unit cost multiplied by the number of units authorized, installed and approved by the Owner. The OWNER does not assume any obligation to pay for any services or material not actually authorized and used. The CONTRACTOR hereby agrees to receive such prices as payment in full for furnishing all materials and all labor required for the aforesaid Work, and for all expenses incurred by him, and for full performance of the Work and the whole thereof in the 10-2012 00700-21 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT manner and according to this Agreement, Contract Documents, and the requirements of the ENGINEER. 6.05 PAYMENTS. No payments made or approvals or certificates given shall be considered as conclusive evidence of the performance of the Contract, either in whole or in part, nor shall any certificate, approval or payment be considered as acceptance of defective, deficient or non-conforming Work. CONTRACTOR shall, at any time requested during the progress of the Work, furnish the OWNER or the ENGINEER with an affidavit showing the CONTRACTOR's total outstanding indebtedness in connection with the Work. Before Final Payment is made, the CONTRACTOR shall satisfy the OWNER, by affidavit or otherwise, that there are no unpaid claims due subcontractors, suppliers or laborers by reason of any Work under the Contract. Acceptance by CONTRACTOR of Final Payment shall constitute a waiver of any and all claims of whatsoever nature against OWNER, arising out of or related to the Contract, or the Work, or any acts or omissions of OWNER or ENGINEER, which have not theretofore been timely filed as provided in this Contract. 6.06 PARTIAL PAYMENTS. When the Contract Price is a lump sum amount,prior to the first Application for Payment, CONTRACTOR shall submit to ENGINEER for review and approval a Schedule of Values, which shall fairly allocate the entire Contract Price among the various portions of the Work and shall be prepared in such form and supported by such data to substantiate its accuracy as the ENGINEER may reasonably require. The Schedule of Values shall follow the trade divisions of the Specifications so far as practicable. Upon approval, this Schedule of Values shall be used by ENGINEER as the basis for reviewing the Contractor's Application for Payment. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. On or before the tenth day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER, for approval or correction, an application for partial payment, being a statement showing as completely as practicable, the agreed unit quantities and extended total value of the Work done by the CONTRACTOR up to and including the twenty-fifth day of the preceding month; said statement shall also include the value of all conforming materials to be fabricated into the Work and stored in accordance with manufacturer's recommendations and as approved by the OWNER or ENGINEER at the Work site only.No payment will be made for materials stored until OWNER has approved in writing storage at the Work site. The ENGINEER shall then review such statement of unit quantities and application for partial payment and the progress of the Work made by the CONTRACTOR and, within ten days after the date ENGINEER receives CONTRACTOR's application for payment, if the application is found to be accurate and correct and the WORK conforming to the requirements of the Contract Documents, the ENGINEER shall certify the application for partial payment and shall deliver his preliminary certification for payment to the OWNER and the CONTRACTOR; or, if the ENGINEER finds that CONTRACTOR's application for payment contains an error or is otherwise disputed, he shall notify CONTRACTOR of such error or dispute, and shall prepare a preliminary certificate for partial payment for the undisputed amount of the application for payment due CONTRACTOR, and deliver it to the OWNER and CONTRACTOR. ENGINEER'S notice to CONTRACTOR that a bona fide dispute for payment exists shall include a list of the specific reasons for nonpayment. All payment applications made by CONTRACTOR and delivered to ENGINEER and all verifications and certification of such applications shall be made and transmitted within the Pro- Trak system and signed with the appropriate electronic signatures as provided for in the software. Such applications for payment shall not be considered complete unless accompanied by the 10-2012 00700-22 of36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR'S Partial Waiver of Lien and Payment Affidavit, Section 00615, duly executed by an authorized representative of the CONTRACTOR and reflecting the correct corresponding amount of the payment application. The OWNER shall then pay the CONTRACTOR, within thirty (30) days of the date of ENGINEER's receipt of the application for payment, the undisputed balance due, less applicable retainage, and further less all previous payments and all further sums that may be retained or withheld by the OWNER under the terms of this Agreement. CONTRACTOR may submit a corrected application for payment after its receipt of the ENGINEER's notice of error or dispute, and such corrected application for payment shall be reviewed by the ENGINEER and disputed or paid under the same procedure and within the same time limits set out above. As a condition of any progress payment under this Agreement, CONTRACTOR shall execute and deliver to ENGINEER and OWNER a full release of all claims, direct or indirect, at law or in equity, arising out of or related to the Work to date, excluding retainage or any claims previously submitted as required under the terms of the Contract, and specifically identified and excluded by CONTRACTOR in the release. OWNER shall be entitled to retain from each progress payment five percent (5%) of the amount thereof. Such retainage shall be retained until Final Completion and satisfaction of all conditions for Final Payment. It is understood, however, that in case the whole Work be near to completion, as certified by the ENGINEER, and some unexpected or unusual delay occurs, through no neglect or fault on the part of the CONTRACTOR, the OWNER may, upon written recommendation of the ENGINEER, pay a reasonable and equitable portion of the retained percentage to the Cs"\ CONTRACTOR, or the CONTRACTOR, at the OWNER'S option, may be relieved of the obligation to fully complete the Work, and thereupon, the CONTRACTOR shall receive, at the OWNER'S option, payment of the balance due him under the Contract for Work completed in accordance with the Contract Documents, subject to OWNER's rights to otherwise withhold or retain payments, and subject to the conditions set forth under"6.08 FINAL PAYMENT." The Owner at its option and in compliance with Texas law may reduce retainage to less than the above-stated percentages. 6.07 USE OF COMPLETED PORTIONS & PUNCHLIST. The OWNER shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding that the time for completing the entire work or such portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the Work, the CONTRACTOR shall promptly and within three (3) days of OWNER's taking possession, give OWNER written notice of same, and CONTRACTOR may be entitled to such extra compensation or extension of time, or both, as may be determined in accordance with the provisions of this Agreement. 6.08 SUBSTANTIAL COMPLETION. The CONTRACTOR shall notify the OWNER AND ENGINEER, by letter executed by a duly qualified officer of CONTRACTOR, that in CON 1'RACTOR's opinion, the Work of the Contract, or an agreed portion thereof, is "Substantially Complete". Such notification shall include a list of all outstanding or incomplete items. Upon receipt, and within a reasonable time thereafter, of such notice, the ENGINEER and the CONTRACTOR shall jointly perform a walk-through and inspection of the Work to determine the status of all or the identified portion of the work, and the ENGINEER shall prepare a detailed 10-2012 00700-23 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT list of unfinished, incomplete, defective and/or non-conforming Work ("Punchlist"). If the ENGINEER determines that the Work is Substantially Complete in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR a Certificate of Substantial Completion. OWNER shall have seven (7) days after receipt of Certificate to make written objection to the ENGINEER as to any provision of the Certificate or the attached list of non-conforming work. If ENGINEER concludes that the Work is not Substantially Complete, ENGINEER will, within fourteen (14) days, notify CONTRACTOR of the reason he believes the Work is not Substantially Complete. Upon Substantial Completion of the Work, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities, pending final payment and acceptance, with respect to security, maintenance, utilities and damage to the Work, except as otherwise provided in the Certificate of Substantial Completion. NEITHER THE SUBSTANTIAL COMPLETION OF THE WORK, NOR THE OMISSION OF AN ITEM FROM THE PUNCHLIST, SHALL EXCUSE THE CONTRACTOR FROM PERFORMING ALL OF THE WORK UNDERTAKEN, WHETHER OF A MINOR OR MAJOR NATURE, AND THEREBY COMPLETING THE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. The Certificate of Substantial Completion shall establish the time period within which CONTRACTOR shall complete the Work for Final Acceptance by the Owner and ENGINEER. 6.08-1 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, for security requirement reasons. OWNER may establish an access procedure to facilitate CONTRACTOR's uninterrupted access to the Work for the purposes of completing and correcting all items on the Punchlist in an expeditious manner. 6.09 FINAL PAYMENT. Final payment of the Retainage withheld from the Contract Price shall be made by the OWNER to the CONTRACTOR at such time as: (a) the Work, including all Change Orders and including all Punchlist work,has been fully completed in strict accordance with the Contract Documents; (b) the Contract has been fully performed except for the CONTRACTOR's responsibility to correct nonconforming Work during the warranty period set forth in the Contract Documents, and to satisfy other requirements, if any, which necessarily survive final payment; (c) CONTRACTOR delivers to OWNER a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days prior written notice has been given to OWNER; (d) CONTRACTOR delivers to OWNER a Consent of Surety, if any,to fmal payment; (e) CONTRACTOR delivers to OWNER a complete set of As-Built Drawings, reflecting all deviations from the Plans, Specifications and approved shop drawings in the Work actually constructed, and delivers all maintenance and operating manuals and/or instructions; 10-2012 00700-24 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (f) CONTRACTOR delivers to OWNER all building certificates required prior to occupancy and all other required inspections/approvals/acceptances by city, county, state governmental entities or other authorities having jurisdiction; (g) CONTRACTOR delivers to OWNER assignments of all guarantees and warranties from subcontractors,vendors, suppliers or manufacturers, as well as names, addresses and telephone numbers of contacts for each subcontractor,vendor, supplier or manufacturer; (h) CONTRACTOR removes all equipment,tools,temporary facilities, surplus materials and rubbish from the site, and final cleans the site to OWNER's satisfaction; (i) CONTRACTOR delivers to OWNER a Full and Final Release and Affidavit of Bills Paid in the form attached hereto as Attachment No. 2, executed by CONTRACTOR; (j) CONTRACTOR delivers to OWNER all other documentation required to be submitted to OWNER pursuant to the Contract Documents, including but not limited to any special guarantees or warranties, operation and maintenance manuals, etc'. in each case in a form satisfactory to OWNER as determined in OWNER's sole discretion; and (k) the Final Application for Payment has been approved by the ENGINEER and OWNER. Acceptance of Final Payment by the CONTRACTOR shall constitute a waiver of all claims by CONTRACTOR against OWNER other than any claims previously made in writing by CONTRACTOR against OWNER, and still unsettled, and except for claims arising out of third party actions, cross-claims and counterclaims. No interest shall be due or payable by OWNER to CONTRACTOR on any sums retained or withheld by OWNER pursuant to the terms or provisions of the Contract Documents, except as otherwise provided by applicable law. Neither the Certificate of Substantial Completion nor the Final Payment nor possession or acceptance of the Work shall relieve the CONTRACTOR of its obligation for correction of defective or non- conforming Work, or for fulfillment of any warranty, which may be required by law or by the Contract Documents. 6.10 CORRECTION OF WORK BEFORE FINAL PAYMENT. The CONTRACTOR shall promptly remove from OWNER's premises all materials, equipment or Work which is defective or otherwise not in conformance with the Contract Documents, whether actually incorporated in the Work or not, and CONTRACTOR shall, at his own expense, promptly replace such materials, equipment or Work with other materials conforming to the requirements of the Contract. The CONTRACTOR shall also bear the expense of restoring all work of CONTRACTOR or other contractors damaged by any such removal or replacement. If CONTRACTOR does not remove and replace any such unsuitable Work within ten (10) business (INN days after receipt of a written notice from the OWNER or the ENGINEER, the OWNER may remove,replace and remedy such work at CONTRACTOR's expense. 10-2012 00700-25 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.11 CORRECTION OF WORK AFTER FINAL PAYMENT. If within one (1) year from the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR shall, at its sole cost, correct it and any other work affected thereby promptly after receipt of a written notice from OWNER to do so. In addition, CONTRACTOR shall be responsible for any damage to building contents, when such damage results from the CONTRACTOR's use of faulty materials or defective workmanship; to the extent such damage is not covered by OWNER's insurance. This warranty period shall renew and recommence for each corrected item of Work upon completion of the remedial work. This time period for correction by CONTRACTOR is in addition to, and not in lieu of, all warranties or remedies, which exist at common law or by statute. These warranty obligations shall survive the termination of this Contract, and shall be enforceable by a decree of specific performance, in addition to such other rights and remedies available to OWNER at law or in equity. 6.12 PAYMENTS WITHHELD. The OWNER may withhold, or on account of subsequently discovered evidence nullify and demand immediate repayment of, the whole or part of any certificate for payment or payment, to such extent as may be necessary to protect OWNER from loss on account of: (a) Defective or non-conforming Work not remedied; (b) Claims filed or reasonable evidence indicating probable filing of claims; (c) Failure of the CONTRACTOR to make payments promptly to subcontractors or for material or labor; (d) Damage to another contractor, OWNER, existing improvements on the site, or to adjacent or adjoining property; (e) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract amount; (f) Reasonable indication that the Work will not be completed within the Contract Time; (g) Failure on the part of the CONTRACTOR to execute any and all documents, releases or other documents presented to the CONTRACTOR for execution, as provided for herein or otherwise; (h) Liquidated or other damages due to late completion; and/or (i) Any breach by CONTRACTOR of this Contract or any other agreement between OWNER and CONTRACTOR. When the above grounds are removed to OWNER's satisfaction,the withheld payment shall be made promptly. If the said causes are not so remedied, OWNER may remedy the same for CONTRACTOR's account, charge the entire cost thereof to CONTRACTOR and deduct such cost 10-2012 00700-26 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT from the Contract Sum or from any payments due or to become due under any other agreement between OWNER and CONTRACTOR. 6.13 DELAYED PAYMENTS. Should the OWNER fail to make payment to the CONTRACTOR when payment is due in accordance with the terms of the Contract Documents, any interest due CONTRACTOR for late payments shall accrue and be paid in accordance with the provisions of Chapter 2251 of the Texas Government Code, as amended, and payment of such interest shall fully liquidate and compensate any injury to the CONTRACTOR growing out of such delay in payment. Should OWNER fail to pay CONTRACTOR an undisputed amount due within the time limits provided in the Contract or applicable law, CONTRACTOR shall give the notice required and comply with the provisions of Section 2251.051 of the Texas Government Code, and shall thereupon be entitled to the rights and remedies provided therein. • 7.0 EXTRA WORK AND CLAIMS 7.01 DIFFERING SITE CONDITIONS. During the progress of the work, if subsurface, latent physical conditions or unknown physical conditions of an unusual nature are encountered at the site that differ materially from those indicated in the contract or from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract,the CONTRACTOR shall notify the OWNER's Representative in writing within three (3)calendar days of the specific differing conditions before the site is disturbed and before the affected work is performed. (a)Upon written notification,the ENGINEER will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits,will be made and the contract modified in writing accordingly. The ENGINEER will notify the CONTRACTOR in writing of the determination whether or not an adjustment of the contract is warranted. (b)No contract adjustment which results in a benefit to the CONTRACTOR will be allowed unless the CONTRACTOR has provided the required written notice. (c)No contract adjustment will be allowed under this clause for any effects caused on unchanged work. 7.02 SUSPENSIONS OF WORK ORDERED BY THE ENGINEER. If the performance of all or any portion of the work is suspended by the ENGINEER in writing for seven(7) calendar days and the CONTRACTOR believes that additional compensation and/or contract time is due as a result of such suspension,the CONTRACTOR shall submit a written request for adjustment to the ENGINEER within seven(7)calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. (a)Upon receipt,the ENGINEER will evaluate the CONTRACTOR's request. If the ENGINEER agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the CONTRACTOR, its suppliers, or subcontractors at any approved tier,and not caused by weather,the ENGINEER will make an adjustment(excluding profit) and modify the contract in writing accordingly.The 10-2012 00700-27 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR will be notified of the ENGINEER's determination, in writing, whether or not an adjustment of the contract is warranted. (b)No contract adjustment will be allowed unless the CONTRACTOR has submitted the request for adjustment within the time prescribed. (c)No contract adjustment will be allowed under this clause to the extent that performance would have been suspended by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. 7.03 SIGNIFICANT CHANGES IN THE CHARACTER OF WORK. The ENGINEER reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the CONTRACTOR agrees to perform the work as altered. (a) If the alterations or changes in quantities significantly change the character of the work under the contract,whether such alterations or changes are in themselves significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon,then an adjustment will be made either for or against the CONTRACTOR in such amount as the ENGINEER may determine to be fair and equitable. (See 7.07 Extra Work) (b) If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract,the altered work will be paid for as provided by existing bid items in the contract. (c) The term"significant change" shall be construed to apply only to the following circumstances: (i) When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or (ii) When the work as altered, causes the contract amount to increase in excess of 25 percent of the original contract amount. 7.04 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. 7.05 In accordance with paragraph 1.07 CONTRACTOR'S request to work weekends, the Owner's Construction Manager shall, upon receipt of written notice by the CONTRACTOR of the need to conduct work on otherwise non-Work Days,prepare a cost estimate for providing Construction Management and Inspection services during the requested period and submit this to 10-2012 00700-28 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT both OWNER and CONTRACTOR. If approved by both parties the Construction Manager shall prepare a Deductive Change Order in the amount stated in the estimate for the signature of the CONTRACTOR and the OWNER for inclusion in the next Pay Application. The Deductive Change Order must be,signed and executed by both the OWNER and CONTRACTOR prior to start of work on any non-Work Day. 7.06 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 CON TRACTOR shall give notice of same by written request to the ENGINEER for a written Work Order, with a copy to OWNER Any such notice and request by the CONTRACTOR shall be given prior to beginning the changed work. CONTRACTOR's commencement of any minor change in the.Work prior to such written notice and request shall constitute'a waiver of any and all claims for an increase in the Contract Price or the Contract Time arising out of or related to such changed work. 7.07 EXTRA WORK. It is agreed that,the CONTRACTOR shall perform all work when presented with a written Change Order, Work Change Directive or Work Order signed by the ENGINEER, subject, however, to the right of the CONTRACTOR to require written confirmation of such Change.Order, Work Change Directive or Work Order by the OWNER. It is agreed that the basis of compensation or adjustment to the CONTRACTOR for work either altered, added or deleted by a Change Order or Work Change Directive, or for which a claim for ( ) Extra Work is made, shall be determined by one or more of the following methods: Method(A) --By Contract unit prices applicable to the work, if any; or Method(B) --By agreed unit prices or agreed stipulated lump sum price; or Method(C) --If neither Method (A) nor Method (B) can be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "Actual Field-Cost" of the work plus: . . . _ a) . For subcontractors performing work mark-up shall be limited to fifteen percent, ten (10%) for the subcontractor plus five (5%) for.the General Contractor or b)For the General Contractor alone, self-performing the extra work,without subcontractor, the mark-up shall not exceed ten percent (10%), as full and final compensation.for the Extra Work and all costs and expenses, direct or indirect, arising out of or related thereto. In the event said Extra Work or Change Order or Work.Change Directive work is performed and paid for under Method.(C), then the provisions of this paragraph shall apply and the "Actual Field Cost" is hereby defined as the cost to the CONTRACTOR of all workers, such as foremen, C"\' timekeepers, mechanics, and laborers, and.materials,,supplies, trucks,:rentals of machinery and equipment, for the time actually employed or used on such.Extra Work or Change Order or Work Change Directive work, plus actual transportation charges necessarily incurred together with all power, fuel, lubricants, water and similar operating expenses, plus all necessary incidental 10-2012 00700-29 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation, and all other insurance as may be required by law or ordinance, or the Contract Documents,plus all payments to subcontractors for such work. The ENGINEER may direct the form in which accounts of the "Actual Field Cost" shall be kept and the records of these accounts shall be made available to the ENGINEER. The ENGINEER or OWNER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the.use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America where practicable. The mark-up of the "Actual Field Cost"to be paid to the CONTRACTOR, shall cover and compensate him for his profit, overhead, and all other elements of cost and expense not embraced within the "Actual Field Cost" as herein defined, save that where the CONTRACTOR's field office must be maintained solely on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "Actual Field Cost." No claim for Extra Work 'of any kind will be allowed unless ordered by the ENGINEER in a written Work Order. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the Contract Time, he shall make written-request to the ENGINEER for a written Work Order authorizing such Extra Work within ten (10) days of ENGINEER's orders or instructions, otherwise the orders or instructions will be considered minor changes. The issuance of a Work Order by the ENGINEER shall not constitute or be construed as an agreement or acknowledgement by the ENGINEER that the work which is the subject of the Work Order is Extra Work outside the scope of the Contract Work, but shall merely constitute a direction to the CONTRACTOR to perform the work, and the CONTRACTOR shall proceed with the work, and shall keep an accurate account of the "Actual Field Cost" thereof, as provided under Method (C). Upon completion of the alleged Extra Work, the CONTRACTOR shall promptly and within ten (10) days submit his claim to the ENGINEER by proper certification and attestation, on forms provided by the ENGINEER. The ENGINEER shall render a written decision on CONTRACTOR's claim within ten (10) days. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time, shall be final and conclusive and binding upon the parties. If the ENGINEER shall fail to respond in writing to CONTRACTOR's claim within thirty (30) days of the date of submission, or if CONTRACTOR shall dispute or object to ENGINEER's decision on any claim, and CONTRACTOR fails to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0, within sixty (60) days after the date of submission to the ENGINEER, or such longer period as the parties may agree to in writing, the CONTRACTOR shall lose and forfeit his right to make such claim for Extra Work at any later date; and all such claims held by the CONTRACTOR shall be deemed waived, forfeited and forever barred. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution-process between OWNER and CONTRACTOR 10-2012 00700-30 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 7.08 TIME OF FILING CLAIMS. Except as otherwise provided herein, all questions of dispute or adjustment shall be made within the Pro-Trak system and filed with the ENGINEER within three (3) days after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty (30) days to such written exceptions, and render his final decision in writing. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's.performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time, shall be fmal and conclusive and binding upon the parties. In case the CONTRACTOR should desire to appeal from the ENGINEER's decision, the CONTRACTOR may request a meeting between representatives of the OWNER and the CONTRACTOR for the purposes of appealing the ENGINEER's decision directly to the OWNER, such meeting to occur within ten (10) days after the date of the CONTRACTOR's request, or such longer period as may be agreed to by the parties in writing. If the CONTRACTOR shall still be aggrieved after a meeting with the OWNER and/or his representative, the CONTRACTOR shall have sixty (60) days after the date of the meeting, or such longer period as the parties may agree to in writing, to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0. In the event the CONTRACTOR shall fail, for any reason,to timely file a Request for Mediation,the OWNER shall be released of any and all liability,and the CONTRACTOR's failure to timely file a Request for Mediation shall constitute a waiver, forfeit and final bar of all such claims held by the CONTRACTOR against the OWNER. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. Calbn\ f 8.0 DEFAULT 8.01 DEFAULT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume Work within five (5) days after written notification from the OWNER or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER when such orders are consistent with the Contract Documents, or if the CONTRACTOR otherwise defaults on its obligations under the Contract, OWNER shall have the right, if it so elects and without prejudice to any other rights it may have, after giving five (5) days written notice of default to CONTRACTOR and any surety, to terminate the Contract or any part thereof and/or to take over or cause others to take over the Work or any part thereof, and to complete such Work for the account of CONTRACTOR. Where Performance and Payment Bonds exist, the sureties on these bonds shall be directed to complete the Work in conjunction with the notice of default, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of default,the CONTRACTOR shall promptly and within no more than three (3) days, remove from the Work any machinery, equipment, or tools then on the job, not intended for incorporation into the Work. Should CONTRACTOR fail to promptly remove such machinery, equipment or tools, OWNER may remove such machinery, equipment or tools and store same at CONTRACTOR's expense; return such machinery, equipment or tools to their purported owner; or otherwise dispose of such machinery, equipment or tools as OWNER sees fit. Any materials, supplies and/or equipment delivered for use in the Work, may be used in the completion of the Work by the OWNER or the surety on the Performance Bond, or another contractor in completion of the Work; it being understood that the use of such equipment, supplies and materials will ultimately reduce the cost to complete the Work and be reflected in the final settlement. 10-2012 00700-31 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Where there is no Performance Bond or in case the surety should fail to commence compliance with the notice for completion hereinabove provided for within ten (10) days after the service of such notice, then the OWNER may provide for completion of the Work in either of the following elective manners: (a) The OWNER may thereupon employ such force of workers and use such machinery, equipment, tools, materials and supplies as the OWNER may deem necessary to expeditiously complete the Work, and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall be credited with the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by such CONTRACTOR, then the CONTRACTOR and/or his surety shall promptly pay the amount of such excess to the OWNER upon demand; or (b) The OWNER, under sealed bids, under the times and procedures provided for by law, may let the contract for completion of the Work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the OWNER under the completion contract, as compared to what would have been the cost under this Contract, such increase shall be charged to the CONTRACTOR, and the amount of such increase may be deducted by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR, or the CONTRACTOR and/or his surety shall promptly pay the amount of such increase to the OWNER upon demand. However, should the cost to complete any such completion contract prove to be less than what would have been the cost to complete under this Contract,the CONTRACTOR and/or his surety shall be credited therewith. In the event of a default by CONTRACTOR, no further payments shall be made to CONTRACTOR under the Contract until the Work is Finally Completed. When the Work shall have been Finally Completed, the CONTRACTOR and his surety shall be so notified. A complete itemized statement of the Contract accounts, certified by the ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his surety, whereupon the CONTRACTOR and/or his surety shall pay the balance due as reflected by said statement. The OWNER, prior to incurring an obligation to make payment hereunder, shall have such statement of completion attested to by the CONTRACTOR and the surety as accurate, and in exchange for payment of the sum stated therein, the OWNER shall be entitled to a full and final release of any claims or demands by the CONTRACTOR or the surety. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this Contract, or when the CONTRACTOR and/or his surety 10-2012 00700-32 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools or supplies left on the site of the Work shall be turned over to the CONTRACTOR and/or his surety. Should the cost to complete the Work exceed the Contract Price, and the CONTRACTOR and/or his surety fail to pay the amount due the OWNER within the time designated above, and there remains any machinery, equipment, tools, materials or supplies which are the property of CONTRACTOR on the site of the Work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his surety at the respective addresses designated in the Contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his surety, subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of such notice, the OWNER may sell such property, equipment, tools, materials or supplies, and apply the net sum derived from such sale to the credit of the CONTRACTOR and his surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials or supplies, which remain on.the Work, and belong to persons other than the CONTRACTOR or his surety, to their reputed owners. 8.02 SUPPLEMENTATION OF CONTRACTOR FORCES. If CONTRACTOR at any time shall, in OWNER'S sole opinion, fail to furnish skilled workers, suitable materials, supplies or adequate equipment sufficient for the prompt, timely and diligent prosecution of the Work in accordance with OWNER's direction, OWNER shall have the right, without prejudice to the exercise of other remedies for the same default and without fully taking over the Work, to supplement CONTRACTOR's forces and to expedite delivery of and to procure and furnish such workers, materials, tools, supplies or equipment for CONTRACTOR's account by employing other contractors and suppliers engaged in the same class of work and charge the entire cost thereof to CONTRACTOR, said cost to be deducted from sums due or to become due to CONTRACTOR under the Contract or any other agreement with OWNER or any parent, subsidiary or affiliate of OWNER. 8.03 CUMULATIVE REMEDIES & SPECIFIC PERFORMANCE. All rights and remedies of OWNER, under the terms of the Contract and/or available at law or in equity, are cumulative. In the event CONTRACTOR or any of its subcontractors, vendors or suppliers fails or refuses for any reason to provide timely manufacture, fabrication, delivery, installation, erection, construction or completion of any supplies, materials, expendables, equipment, machinery, accessories or appurtenances to be furnished hereunder, CONTRACTOR acknowledges and agrees that such items are required, necessary, essentially unique to the Project and the Work and will cause irreparable harm to OWNER and the Project if not furnished in accordance with the ,Contract, and OWNER shall have the right to obtain a decree of specific performance and mandatory injunctive relief from any Court of competent jurisdiction to ensure the timely furnishing of such items. 8.04 CROSS-DEFAULT. If, for any reason, CONTRACTOR is declared in default and/or terminated by OWNER under any other agreement with OWNER, whether related to the Project or not related to the Project, OWNER shall have the right to offset and apply any amounts which might be owed to OWNER by CONTRACTOR under any other such agreements against any earned but unpaid amounts owing to CON 1RACTOR by OWNER under the Contract, any retainage earned by CONTRACTOR under the Contract or any unearned, unpaid amount under the Contract. 10-2012 00700-33 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8.05 INSOLVENCY. It is recognized that if CONTRACTOR becomes a debtor in voluntary or involuntary bankruptcy proceedings, makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of his insolvency, such events could seriously impair or frustrate CONTRACTOR's performance of the Work. Accordingly, it is agreed that should CONTRACTOR become a debtor in bankruptcy, either voluntary or involuntary, CONTRACTOR shall notify OWNER in writing within twenty-four (24) hours of the filing with the bankruptcy court. Further, it is agreed that upon occurrence of any one or more such events, OWNER shall be entitled to request of CONTRACTOR or its successors, trustees or receivers, adequate assurances of future performance. In the event such adequate assurances are not given to the reasonable satisfaction of OWNER within seventy-two (72) hours of such request, OWNER shall have the right to immediately invoke the remedies of this Section 8 or as provided by law. Pending receipt of such adequate assurances of such future performance, OWNER may proceed with the Work on a temporary basis and deduct the costs, plus reasonable overhead and profit, from any amounts due or which may become due to CONTRACTOR under the Contract or any other agreement with OWNER. In this regard, OWNER and CONTRACTOR agree that delays in performance could result in more damages to CONTRACTOR than would be sustained if OWNER failed to exercise such remedies. 8.06 CONTINGENT ASSIGNMENT. CONTRACTOR hereby assigns to OWNER, all of CONTRACTOR's rights under and interest in any and all subcontracts and/or purchase orders entered into by CONTRACTOR pursuant to this Agreement, such assignment to become effective upon CONTRACTOR's default under this Agreement or OWNER's termination of this Contract, and OWNER's acceptance of such assignment. Upon CONTRACTOR's default or OWNER's termination of this Contract, OWNER may, in the event there is no performance bond for the Contract, or in the event the performance bond surety fails to complete the Contract, or if OWNER otherwise so elects in its sole discretion, accept such assignment by written notice of such acceptance to CONTRACTOR and subcontractor, and may require subcontractors to perform all of the then unperformed duties and obligations under the subcontract, for the direct benefit of OWNER. In the event OWNER requires such performance by a subcontractor, then OWNER shall be obligated to pay such subcontractor any amounts due and owing under the terms of the subcontract/purchase order, at the subcontract prices and rates, and subject to any rights of withholding or offset and other terms and conditions of the subcontract, for all work properly performed by such subcontractor, to the date of OWNER's acceptance and thereafter. OWNER's liability in this connection, however, shall not exceed the amount obtained by subtracting all payments made by CONTRACTOR to subcontractor from the Subcontract Price at the time of CONTRACTOR's default or OWNER's termination of CONTRACTOR. CONTRACTOR shall include a provision in its subcontracts that allows such assignment and allows OWNER to take these actions, and further provides that in the event of CONTRACTOR's termination for default, the subcontractor agrees to give the OWNER or its agent the right to inspect all books and records of subcontractor relating to the Work. 8.07 WAIVER OF CONSEQUENTIAL DAMAGES. CONTRACTOR expressly waives any and all claims for consequential damages against OWNER arising out of or related to this Contract, or any other agreements between CONTRACTOR and OWNER, including, but not limited to, claims for damages incurred by CONTRACTOR for principal office expenses, including the compensation of personnel stationed there, losses of financing, bonding capacity, business and reputation, and claims for lost profit, whether on this Contract or otherwise. 10-2012 00700-34 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8.08 TERMINATION FOR CONVENIENCE. OWNER may at its sole discretion, upon five (5) days written notice to CONTRACTOR, terminate this Contract, in whole or in part, if and when OWNER determines that it is in the best interest of OWNER to do so. Upon receipt of such written notice from OWNER, CONTRACTOR shall cease all terminated Work and take reasonable precautions to protect and preserve such work, and shall take all reasonable measures after consultation with OWNER.to terminate or assign to OWNER all subcontracts, purchase orders or other commitments related to the Work or the Project on terms and conditions acceptable to OWNER. CONTRACTOR will be paid for all Work performed in strict accordance with the Contract Documents, based upon the Contract Price and the percentage of completion on the date of termination, and less amounts previously paid, subject to any reasonable backcharges attributable to CONTRACTOR's failure to comply with any of the provisions of this Contract and further subject to the other terms of this Contract regarding payment. In no event will CON TRACTOR receive or be entitled to any payment or compensation whatsoever for interruption of business or loss of business opportunities, any other items of consequential damages, for overhead or loss of profits on the unperformed Work and/or services and unfurnished materials or for any intangible, impact or similarly described cost, damages or expense, and under no circumstances shall the total sum paid to or received by CONTRACTOR under this Contract exceed the Contract Price. The compensation provided herein shall be CONTRACTOR's sole and exclusive remedy arising out of a termination for convenience. 8.09 DEFAULT BY OWNER In case•the OWNER shall default on its material obligations under this Contract, other than OWNER's failure to pay CONTRACTOR a disputed amount due within the time limits provided in the Contract or applicable law, as addressed by ('.` Section 6.13 of this Agreement, and shall fail or refuse to cure, or to commence and diligently pursue cure of such default within fifteen (15) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the Work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of the Work that have not been included in payments to the CONTRACTOR and have not been incorporated into the Work. And thereupon,the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all Work actually completed by said CONTRACTOR (at the Contract Prices), the value of all partially completed Work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this Contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole Work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement, and shall present the same to the OWNER, and OWNER's payment of said sum to the CONTRACTOR, on or before thirty (30) days after OWNER's receipt of such statement, shall satisfy any and all rights, claims or causes of action of CONTRACTOR arising out of or related to such default by OWNER, and shall be CONTRACTOR's sole and exclusive remedy for such default. A disputed or unilateral claim by the Contractor cannot by itself constitute a default hereunder. 9.0 DISPUTE RESOLUTION Any dispute or pending claim or dispute resolution process between OWNER and CONTRACTOR shall not excuse or relieve CONTRACTOR of its obligations under the Contract, and CONTRACTOR shall diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 10-2012 00700-35 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT All claims, disputes and other matters in question arising out of or relating to, the Contract, or the breach thereof, shall be subject to mediation as a condition precedent to any other dispute resolution process as may be selected by OWNER. Unless mutually agreed otherwise the mediation shall be conducted by a third party who will be selected by agreement between OWNER and CONTRACTOR, and Request for Mediation shall be filed with the other party. The parties shall share the mediator's fee and any filing fees equally. If a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the work of a subcontractor or supplier, OWNER or CONTRACTOR may join such subcontractor or supplier as a party to any mediation proceeding between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts and/or purchase orders related to the Work a specific provision whereby the subcontractor or supplier consents to being joined in mediation between OWNER and CONTRACTOR involving the work of such subcontractor or supplier. This Contract shall be governed by the laws of the State of Texas and shall be considered performable in Brazoria County, Texas, for venue purposes. Further, the OWNER and CONTRACTOR stipulate that venue for any dispute resolution proceeding involving or touching upon the Contract other than the conduct of an arbitration hearing shall be in Brazoria County, Texas, or, if such choice of venue is prohibited or unenforceable by law, shall be held in the county where the Project is located. CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in the event OWNER seeks to enforce any provision of this Contract whether by arbitration or other dispute resolution process. Further, in the event OWNER defends any claim instituted by CONTRACTOR against OWNER, whether in arbitration or other dispute resolution process, CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in defending such claim provided OWNER is the prevailing party, in whole or in part, in such proceeding. 10-2012 00700-36 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 1 TO GENERAL CONDITIONS WORKERS' COMPENSATION INSURANCE COVERAGE A. DEFINITIONS: Certificate of coverage ("certificate") _ A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project for the duration of the Project. Duration of the Project_includes the time from the beginning of the Work on the Project until the contractor's/person's work on the Project has been completed and the Project warranty period has expired. Persons providing services on the project includes persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with due contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, motor carriers and owner- operators, (as defined at Section 406.121 of the Texas Labor Code), leasing companies, and employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. , The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for employees of the contractor providing services on the project, for the duration of the project. C. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the Contract. D. If the coverage period' shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. E. The CONTRACTOR shall obtain from each subcontractor or other person providing (�' services on a project, and provide to the OWNER: (I) a certificate of coverage, prior to thatperson beginning work on the Project, so the g � g� g OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 05/2007 00700-Al CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (2) no later than seven days after receipt by the CONTRACTOR and prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 days after the CONTRACTOR knew or should have known, of any changes that materially affect the provision of coverage of any person providing services on the Project. H. The CONTRACTOR shall post on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. NOTICE REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440- 3789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project,too: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for all of its employees providing services on the Project, for the duration of the Project; (2) provide to the CONTRACTOR,prior to that person beginning work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the Project: 05/2007 00700-A2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (3) provide the CONTRACTOR,prior to the end of the coverage period, a new (41.1`' certificate of coverage, showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (4) obtain from each other person with whom it contracts, and provide to the CONTRACTOR: (a) a certificate of coverage,prior to the other person beginning work on the Project; and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (5) retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; (6) notify the OWNER in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and (7) contractually require each person with whom it contracts,to perform as required by paragraphs (1) - (7),with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage agreements will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR, which entitles the OWNER to pursue all rights and remedies available to it under the Contract, at law or in equity, if the CONTRACTOR does not remedy the breach within ten days after receipt of notice of breach from the OWNER. 05/2007 00700-A3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO.2 TO GENERAL CONDITIONS AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE In consideration of the Final Payment under that certain contract between [Contractor's Company Name] (hereafter "CONTRACTOR") and the City of Pearland (hereafter "OWNER") for the Project known as Westside Library Store Front (the "Contract"), the CONTRACTOR makes the following representations to OWNER, either individually if a proprietorship, or jointly and severally by all general partners if a partnership, or if a corporation, by action of the president and secretary of said corporation, as duly authorized by appropriate action of the stockholders and/or board of directors of said corporation, their signatures hereon constituting a representation under oath by said individuals that they have the authority to execute this Agreement for and on behalf of the said corporation: 1. The undersigned CONTRACTOR represents to OWNER that the Application for Payment for the Final Payment under the Contract, and the final Change Order issued under the Contract if any, whether or not modified, corrected or changed in some way by the ENGINEER, the CONTRACTOR.or the OWNER, a copy of which are attached hereto and marked Exhibit "A", are true, correct and accurate, and that CONTRACTOR has received payment in full for all other Applications for Payment submitted under the Contract, and that CONTRACTOR has been fully compensated for all labor, 'materials, equipment and/or services furnished in connection with the Contract, except for the Final Payment. 2. It is agreed and stipulated by the undersigned CONTRACTOR that upon the receipt of Final Payment in the amount as set out on the attached Application for Payment, the CONTRACTOR, by execution of this instrument of release, does, therefore, RELEASE and FOREVER DISCHARGE OWNER of and from all manner of debts, claims, demands, obligations, suits, liabilities and causes of action of any nature whatsoever, at law or in equity, in contract or in tort, now existing or which may hereafter accrue, arising out of or related to the Contract, any Change Orders or Work Orders, the Work, or any labor, materials, equipment or services furnished by CONTRACTOR to OWNER. 3. The CONTRACTOR, acting by and through the person or persons whose names are subscribed hereto, does solemnly swear and affirm that all bills and claims have been paid to all materialmen, suppliers, laborers, subcontractors, or other entities performing services or supplying materials or equipment, and that OWNER shall not be subject to any bills, claims, demands, litigation or suits in connection therewith. 4. It is further specifically understood and agreed that this Agreement for Final Payment and Contractor's Sworn Release shall constitute a part of the Contract, and it is also specifically understood and agreed that this Agreement shall not act as a modification, waiver or renunciation by OWNER of any of its rights or remedies as set out in the Contract itself, but this Agreement for Final Payment and Contractor's Sworn Release shall constitute a supplement thereto for the additional protection of OWNER. 05/2007 00700-B 1 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT SIGNED and EXECUTED this,the_day of , 20 . CONTRACTOR: By: Signature Print Name: Title: [If CONTRACTOR is a proprietorship, owner must sign; if a partnership, each general partner must sign; if a corporation,the following language should be used.] SIGNED and EXECUTED this,the day of 20_by , a Texas corporation,under authority granted to the undersigned by said corporation as contained in the Charter, By-Laws or Minutes of a meeting of said corporation regularly called and held. CONTRACTOR: By: President ATTEST: Corporate Secretary (Corporate Seal) [This form is for use by either a proprietorship or a partnership. In the event CONTRACTOR is a partnership or a joint proprietorship, additional signature lines should be added for each individual.] 05/2007 00700-B2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS COUNTY OF § BEFORE ME,the undersigned authority, on this day personally appeared the person or persons whose name(s) are subscribed to the above and foregoing Agreement for Final Payment and Contractor's Sworn Release,who each, after being by me duly sworn, on their oaths deposed and said: I(We) am (are)the person(s)who signed and executed the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, and I (we)have read the facts and statements as therein set out and the representations as made therein, and I(we) state that the above and foregoing are true and correct. CONTRACTOR-Affiant SWORN TO AND SUBSCRIBED TO before me,the day of 20_. Notary Public, State of Texas My Commission Expires: [This form is for use in the event CONTRACTOR is a corporation.] 07/2006 00700-B3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS § COUNTY OF § BEFORE ME,the undersigned authority, on this day personally appeared the persons who signed and executed the above and foregoing Agreement for Final Payment mid Contractor's Sworn Release,whose names are set out above, who each, after being by me duly sworn, on their oaths deposed and said: We each are the persons whose names are subscribed above, and hold respectively the offices in the corporation as set out above, and each state under oath that we have the authority to execute this Agreement for Final Payment and Contractor's Sworn Release for and on behalf of said corporation,pursuant to authority granted to us in the Charter of said corporation,the By-Laws of said corporation and/or the Minutes of said corporation; and the facts, statements and representations as set out in the instrument to which this Affidavit is attached, are true and correct. SWORN TO AND SUBSCRIBED TO before me this, the day of 20 Notary Public, State of Texas My Commission Expires: 07/2006 00700-B4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 3 TO GENERAL CONDITIONS OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR 1. Definitions. For purposes of this Agreement: 1.1 Owner Parties. "Owner Parties" means (a) the City of Pearland, its successors and assigns, and the Engineer, (b) any officers, employees, orr agents of such persons or entities, and(c) others as required by the Contract Documents, if any. 1.2 Contractor. "Contractor" shall mean the vendor providing the service or work to be performed under this Agreement. 1.3 Subcontractor. "Subcontractor" shall include subcontractors of any tier. 1.4 ISO. "ISO"means Insurance Services Office. 2. Contractor Insurance Representations to Owner Parties 2.1 It is expressly understood and agreed that the insurance coverages required herein: 2.1.1 represent Owner Parties' minimum requirements and are not to be construed to void or limit the Contractor's indemnity obligations as contained in this Agreement nor represent in any manner a determination of the insurance coverages the Contractor should or should not maintain for its own protection; and 2.1.2 are being, or have been, obtained by the Contractor in support of the Contractor's liability and indemnity obligations under this Agreement. Neither the requirements as to insurance to be carried as provided for herein, the insolvency, bankruptcy or failure of any insurance company carrying insurance of the Contractor, nor the failure of any insurance company to pay claims accruing, shall be held to affect, negate or waive any of the provisions of this Agreement. 2.2 Failure to obtain and maintain the required insurance shall constitute a material breach of, and default under, this Agreement. If the Contractor shall fail to remedy such breach within five (5)business days after notice by the Owner, the Contractor will be liable for any and all costs, liabilities, damages and penalties resulting to the Owner Parties from such breach, unless a written waiver of the specific insurance requirement(s) is.provided to the Contractor by the Owner. In the event of any failure by the Contractor to complyy with the provisions of this Agreement, the Owner may, without in any way compromising or waiving any right or remedy at law or in equity, on notice to the Contractor, purchase such insurance, at the Contractor's expense, provided that the Owner shall have no obligation to do so and if the Owner shall do so, the Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. ("6\ 05/2007 00700-C 1 • CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3. Conditions Affecting All Insurance Required Herein 3.1 Cost of Insurance. All insurance coverage shall be provided at the Contractor's sole expense. 3.2 Status and Rating of Insurance Company. All insurance coverage shall be written through insurance companies authorized to do business in the state in which the work is to be performed and rated no less than A-: VII in the most current edition of A. M. Best's Key Rating Guide. 3.3 Restrictive, Limiting, or Exclusionary Endorsements. All insurance coverage shall be provided to the Owner Parties in compliance with the requirements herein and shall contain no endorsements that restrict, limit, or exclude coverage required herein in any manner without the prior express written approval of the Owner. 3.4 Limits of Liability. The limits of liability may be provided by a single policy of insurance or by a combination of primary and umbrella policies, but in no event shall the total limits of liability available for any one occurrence or accident be less than the amount required herein. 3.5 Notice of Cancellation, Nonrenewal, or Material Reduction in Coverage. All insurance coverage shall contain the following express provision: In the event of cancellation, non-renewal, or material reduction in coverage affecting the certificate holder, thirty (30) days prior written notice shall be given to the certificate holder by certified mail or registered mail,return receipt requested. 3.6 Waiver of Subrogation. The Contractor hereby agrees to waive its rights of recovery from the Owner Parties with regard to all causes of property and/or liability loss and shall cause a waiver of subrogation endorsement to be provided in favor of the Owner Parties on all insurance coverage carried by the Contractor, whether required herein or not. 3.7 Deductible/Retention. Except as otherwise specified herein, no insurance required herein shall contain a deductible or self-insured retention in excess of $25,000 without prior written approval of the Owner. All deductibles and/or retentions shall be paid by, assumed by, for the account of, and at the Contractor's sole risk. The Contractor shall not be reimbursed for same. 4. Maintenance of Insurance. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required: 05/2007 00700-C2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.1. Commercial General Liability Insurance 4.1.1 Coverage. Such insurance shall cover liability arising out of all locations and operations of the Contractor, including but not limited to liability assumed under this contract (including the tort liability of another assumed in a business contract). Defense shall be provided as an additional benefit and not included within the limit of liability. 4.1.2 Form. Commercial General Liability Occurrence form (at least as broad as an unmodified ISO CG 0001 0798 or its equivalent). 4.1.3 Amount of Insurance. Coverage shall be provided with limits of not less than: Each Occurrence Limit $1,000,000 General Aggregate Limit $2,000,000 Product-Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 4.1.4 Required Endorsements a. Additional Insured. Additional insured status shall be provided in favor of the Owner Parties on any of the following: i. ISO form CG 20 10 11 85; or ii. ISO form CG 20 26 11 85; or iii. a combination of ISO forms CG 20 33 10 01 and CG 20 37 10 01; or iv. any form providing equivalent protection to Owner. b. Designated Construction Project(s) Aggregate Limit. The aggregate limit shall apply separately to this Agreement through use of an ISO CG 25 03 03 97 endorsement or its equivalent. c. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. d. Personal Injury Liability. The personal injury contractual liability exclusion shall be deleted. e. Primary and Non-Contributing Liability. It is the intent of the parties to this Agreement that all insurance required herein shall be primary to all insurance available to the Owner Parties. The obligations of the Contractor's insurance shall not be affected by any other insurance available to the Owner Parties and shall seek no contribution from the Owner Parties' insurance, whether primary, excess contingent, or on any other basis. The Contractor's insurance coverage shall be endorsed to provide such primary and non- contributing liability. f. Waiver of Subrogation, as required in 3.6, above. 05/2007 00700-C3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.1.5 Continuing Commercial General Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to Owner stating Work completion date. 4.2 Auto Liability Insurance 4.2.1 Coverage. Such insurance shall cover liability arising out of any auto (including owned,hired, and non-owned). 4.2.2 Form. Business Auto form (at least as broad as an unmodified ISO CA 0001 or its equivalent). 4.2.3 Amount of Insurance. Coverage shall be provided with a limit of not less than$1,000,000. 4.2.4 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. 4.3 Employer's Liability Insurance 4.3.1 Coverage. Employer's Liability Insurance shall be provided as follows: 4.3.2 Amount of Insurance. Coverage shall be provided with a limit of not less than: Employer's Liability: $1,000,000 each accident and each disease. 4.3.3 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. 4.4 Umbrella Liability Insurance 4.4.1 Coverage. Such insurance shall be excess over and be no less broad than all coverages described above and shall include a drop-down provision for exhaustion of underlying limits. 4.4.2 Form. This policy shall have the same inception and expiration dates as the commercial general liability insurance required above. 05/2007 00700-C4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.4.3 Amount of Insurance. Coverage shall be provided with a limit of not less (411 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 b. subcontractors of all tiers in the Work as Additional Insureds. 05/2007 00700-C5 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.2 Covered Property. Such insurance shall cover: a. all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes and wiring, excavations, grading, backfilling or filling; b. all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) located at the site; c. all property including materials and supplies on site for installation; d. all property including materials and supplies at other locations but intended for use at the site; e. all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and f. other Work at the site identified in the Agreement to which this Exhibit is attached. Form a. Coverage shall be at least as broad as an unmodified ISO Special form, shall be provided on a completed-value basis, and shall be primary to any other coverage insurance available to the insured parties, with that other insurance being excess, secondary and non- contributing. b. No protective safeguard warranty shall be permitted. c. Required coverage shall further include: i. Additional expenses due to delay in $ TBD completion of project(where applicable) ii. Agreed value Included without sublimit 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 applicable) vii. Expediting expenses $ TBD viii. Flood (where applicable) $ TBD ix. Freezing Included without sublimit x. Mechanical breakdown, including hot& Included without sublimit cold testing (where applicable) xi. Notice of cancellation, non-renewal or Included material reduction—60 days prior written notice to each insured 05/2007 00700-C6 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT xii. Occupancy clause, as required in F, Included below xiii. Ordinance or law Included without sublimit xiv. Pollutant clean-up and removal $ TBD xv. Preservation of property Included without sublimit xvi. Replacement cost Included xvii. Theft Included without sublimit xviii. Waiver of subrogation as required in G, Included below. 4.6.3 Amount of Insurance. Coverage shall be provided in an amount equal at all times to the full replacement value and cost of debris removal for any single occurrence. 4.6.4 Deductibles. Deductibles shall not exceed the following: a. All Risks of Direct Damage, Per $5,000 Occurrence, except b. Delayed Opening Waiting Period 5 Days c. Flood, Per Occurrence $25,000 or excess of NFIP if in Flood Zone A, B or V d. Earthquake and Earthquake Sprinkler $25,000 Leakage, Per Occurrence 4.6.5 Termination of Coverage. The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed so long as such occupancy does not exceed 20% of the usable area of the property. This insurance shall be maintained in effect, unless otherwise provided for in the Contract Documents, until the earliest of the following dates: a. the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; b. the date on which final payment, as provided for in the Agreement to which this Exhibit is attached,has been made; or c. the date on which the insurable.interests in the Covered Property of all insureds other than Contractor have ceased. 05/2007. 00700-C7 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.6 Waiver of Subrogation. The waiver of subrogation provision shall be endorsed as follows: a. A waiver of subrogation shall be provided in favor of all insureds. b. The waiver of subrogation provisions shall be endorsed as follows: Should a covered loss be subrogated, either in whole or in part, your rights to any recovery will come first, and we will be entitled to a recovery only after you have been fully compensated for the loss. 5. Intentionally left blank. 6. Evidence of Insurance 6.1 Provision of Evidence. Evidence of the insurance coverage required to be maintained by the Contractor, represented by certificates of insurance, evidence of insurance, and endorsements issued by the insurance company or its legal agent, and must be furnished to the Owner prior to commencement of Work and not later than fifteen (15) days after receipt of this Agreement. New certificates of insurance, evidence of insurance, and endorsements shall be provided to the Owner prior to the termination date of the current certificates of insurance, evidence of insurance, and endorsements. 6.2 Form 6.2.1 All property insurance required herein shall be evidenced by ACORD form 28, "Evidence of Property Insurance". 6.2.2 All liability insurance required herein shall be evidenced by ACORD form 25, "Certificate of Insurance". 6.3 Specifications. Such certificates of insurance, evidence of insurance, and endorsements shall specify: 6.3.1 The Owner as a certificate holder with correct mailing address. 6.3.2 Insured's name,which must match that on this Agreement. 6.3.3 Insurance companies affording each coverage, policy number of each coverage, policy dates of each coverage, all coverages and limits described herein, and signature of authorized representative of insurance company. 6.3.4 Producer of the certificate with correct address and phone number listed. 6.3.5 Additional insured status required herein. 6.3.6 Amount of any deductibles and/or retentions. 6.3.7 Cancellation, non-renewal and material reduction in coverage notification as required by this Agreement. Additionally, the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon Company, it agents or representatives" shall be deleted from the cancellation provision of the ACORD 25 certificate of insurance form. 6.3.8 Designated Construction Project Aggregate Limits required herein. 6.3.9 Personal Injury contractual liability required herein. 05/2007 00700-C8 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.3.10 Primary and non-contributing status required herein. 6.3.11 Waivers of subrogation required herein. 6.4 Required.Endorsements. A copy of each of the required endorsements shall also be provided. 6.5 Failure to Obtain. Failure of any Owner Party to demand such certificate or other evidence of full compliance with these insurance requirements or failure of any Owner Party to identify a deficiency from evidence that is provided shall not be construed as a waiver of the Contractor's obligation to maintain such insurance. 6.6 Certified Copies. Upon request of any Owner Party, the Contractor shall provide to the Owner a certified copy of all insurance policies required herein within ten (10) days of any such request. Renewal policies, if necessary, shall be delivered to the Owner prior to the expiration of the previous policy. 6.7 Commencement of Work. Commencement of Work without provision of the required certificate of insurance, evidence of insurance and/or required endorsements, or without compliance with any other provision of this Agreement, shall not constitute a waiver by any Owner Party of any rights. The Owner shall have the right, but not the obligation, of prohibiting the Contractor or any subcontractor from performing any Work until such certificate of insurance, evidence of insurance and/or required endorsements are received and approved by Cui \ the Owner. 7. Insurance Requirements of Contractor's Subcontractors 7.1 Insurance similar to that required of the Contractor shall be provided by all subcontractors (or provided by the Contractor on behalf of subcontractors) to cover operations performed under any subcontract agreement. The Contractor shall be held responsible for any modification in these insurance requirements as they apply to subcontractors. The Contractor shall maintain certificates of insurance from all subcontractors containing provisions similar to those listed herein (modified to recognize that the certificate is from subcontractor) enumerating, among other things, the waivers of subrogation, additional insured status, and primary liability as required herein, and make them available to the Owner upon request. 7.2 The Contractor is fully responsible for loss and damage to its property on the site, including tools and equipment, and shall take necessary precautions to prevent damage to or vandalism, theft, burglary, pilferage and unexplained disappearance of property. Any insurance covering the Contractor's or its subcontractor's property shall be the Contractor's and its subcontractor's sole and complete means or recovery for any such loss. To the extent any loss is not covered by said insurance or subject to any deductible or co-insurance, the Contractor shall not be reimbursed for same. Should the Contractor or its subcontractors choose to self insure this risk, it is expressly agreed that the Contractor hereby waives, and shall cause its subcontractors to waive, any claim for damage or loss to said property in favor of the Owner Parties. 05/2007 00700-C9 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8. Use of the Owner's Equipment. The Contractor, its agents, employees, subcontractors or suppliers shall use the Owner's equipment only with express written permission of the Owner's designated representative and in accordance with the Owner's terms and condition for such use. If the Contractor or any of its agents, employees, subcontractors or suppliers utilize any of the Owner's equipment for any purpose, including machinery, tools, scaffolding, hoists, lifts or similar items owned, leased or under the control of the Owner, the Contractor shall defend, indemnify and be liable to the Owner Parties for any and all loss or damage which may arise from such use. 9. Release and Waiver. The Contractor hereby releases, and shall cause its subcontractors to release, the Owner Parties from any and all claims or causes of action whatsoever which the Contractor and/or its subcontractors might otherwise now or hereafter possess resulting in or from or in any way connected with any loss covered by insurance, whether required herein or not, or which should have been covered by insurance required herein, including the deductible and/or uninsured portion thereof, maintained and/or required to be maintained by the Contractor and/or its subcontractors pursuant to this Agreement. 05/2007 00700-C10 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT Section 00800 SPECIAL CONDITIONS OF AGREEMENT The following Special Conditions modify the General Conditions,Document 00700.. Where a portion of the General Conditions is modified or deleted by these Special Conditions,the unaltered portions of the General Conditions shall remain in effect. ARTICLE 1 DEFINITIONS AND INTERPRETATIONS 1.01 Add the following paragraph to the end of Article 1.01: The OWNER'S representative on the project site is: Doug Talbott telephone: 281. 652.1645 The CONSTRUCTION MANAGER is: telephone: The CONSTRUCTION INSPECTOR is: telephone: ARTICLE 4 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4.05 Add the following paragraph to Article 4.05: A Maintenance Bond in accordance with Document 00612 of the Project Manual is required for this Project. The cost of this bond shall be included in the CONTRACTOR'S Bid Proposal. Attachment No. 3 To General Conditions, Owner's Insurance Requirements of Contractor, Article 4.6 Builder's Risk—Builder's Risk Insurance is Required for this project. ARTICLE 5 PROSECUTION AND PROGRESS 5.08 Add Article 5.08: The Contract Time as defined in the bid and other sections of the Contract Documents includes a certain number of rain days. Based on the Alvin Weather Center Records,the average annual rain days from June 1898 to December 1996 is 40 days calculated from all precipitation days of record. The CONTRACTOR is required to keep a record of rain days at the site. The record of rain days must be accepted and signed by the City Inspector monthly, and shall be reported on the monthly pay estimate submittal. At the end of the contract,the CONTRACTOR will be credited only for the number of accepted rain days that exceed 40 rain days per year,proportionate to the original Contract Time. General Notes: Sections 00100 Invitation to Bidders,00200 Instructions to Bidders and 01505 Mobilization all make reference to provision by the CONTRACTOR of a laptop computer for use by the OWNER'S representative or CONSTRUCTION MANAGER. BIDDER is Not Required to 2-24-12 00800-1 of 2 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT provide this equipment or include this cost in the Bid. See Section 13730 for full details regarding this computer equipment. Section 01500 Temporary Facilities requires CONTRACTOR to provide high speed internet access in the Field Office. BIDDER is Not Required to provide either a Field Office or any internet access for this project. All other requirements remain and will be required per the section. It is the responsibility of the Contractor to coordinate with the Owner for all Traffic Control Documents. Contractor to coordinate with the Owner for procurement of Traffic Control Documents prior to permitting. Contractor is to keep a minimum of one lane open at all times,in both directions. No lane closures to extend beyond the defined work day. Contractor Will Not be required to provide an on-site construction office for the duration of this project. END OF SECTION 2-24-12 00800-2 of 2 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Section 00811 WAGE SCALE FOR ENGINEERING CONSTRUCTION 1.01 In accordance with the Prevailing Wage law on Public Works (Article 2258 of the Texas Government Code), the public body awarding the contract does hereby specify the rates shown in Table 00811-A following to be the general prevailing rates in the locality in which the work is being performed. 1.02 This prevailing wage rate does not prohibit the payment of more than the rates stated. 1.03 The wage scale for engineering construction is to be applied to all site work greater than five(5) feet from an exterior wall of new building under construction or from an exterior wall of an existing building. The Davis-Bacon Wage Determinations General Decision Number: TX120043 10/19/2012 TX43 Superseded General Decision Number: TX20100053 State:Texas Construction Type: Building County: Brazoria County in Texas. BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories). Modification Number Publication Date 0 01/06/2012 1 04/20/2012 2 10/19/2012 (continued on next page) 07/2006 00811 - 1 of 6 Issue for Construction—November 17,2012 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION ASBE0022-001 02/02/2012 r^y Rates - Fringes Insulator/asbestos worker (includes application of all insulationg materials, protective coverings, coatings and finishing to all types of mechanical systems) $20.27 8.92 BOI L0132-001 01/01/2012 East of Oyster Creek only. The Part of Brazoria County lying West of Oyster Creek is within the Jurisdiction of Local 74 Rates Fringes BOILERMAKER $23.06 20.28 East of Oyster Creek only The Part of Brazoria County lying West of Oyster Creek is within the Jurisdiction of Local 74....$23.47 13.67 CARP0551-002 04/01/2008 Rates Fringes Carpenter(including Acoustical Ceiling Work) $21.00 6.43 ELEV0031-001 01/01/2012 Rates Fringes ELEVATOR MECHANIC $ 37.355 23.535 FOOTNOTES: A. 6% under 5 years based on regular hourly rate for all hours worked. 8%over 5 years based on regular hourly rate for all hours worked. New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Friday after Thanksgiving Day; Christmas Day; and Veterans Day. PLAS0681-002 04/01/2005 Rates Fringes PLASTERER Galveston County $20.15 3.20 PLUM 0068-005 11/21/2011 Rates FringesfTh Plumbers(Excluding HVAC Pipe)...$29.54 9.44 07/2006 00811 -2 of 6 Issue for Construction—November 17,2012 CITY OF PEARLAND WAGE SCALE FOR.ENGINEERING CONSTRUCTION *PLUM0211-003 10/01/2012 Rates Fringes Pipefitter including HVAC pipe...$29.63 10.16 SFTX0669-001 04/01/2012 Rates Fringes SPRINKLER FITTER(Fire Sprinklers) $25.84 16.47 SHEE0054-009 07/01/2011 Rates Fringes Sheet Metal (including HVAC Duct, System Installation) $25.37 7.99 -------------------------------------- SUTX2005-013 04/28/2005 Rates Fringes Asbestos Abatement Worker (Ceilings, Floors, &Walls) $ 14.00 0.00 BRICKLAYER $ 18.00 0.00 CEMENT MASON/CONCRETE FINISHER...$ 12.76 0.00 DRYWALL FINISHER/TAPER $ 12.21 0.92 Drywall Hanger(Including Metal Stud Install) $ 12.49 1.38 ELECTRICIAN (Including Pulling Wire and Low Voltage Wiring and Installation of Fire Alarms, Security Systems,Telephone and Computers) $ 17.55 2.91 Formbuilder/Formsetter $ 11.66 0.00 GLAZIER $ 14.55 2.46 INSULATOR-BATT AND FOAM $ 11.00 0.00 IRONWORKER, REINFORCING $ 12.02 0.00 IRONWORKER, STRUCTURAL $ 13.75 0.00 . Laborers: Common $ 10.26 0.00 Mason Tender(Brick) $ 10.27 0.00 Mason Tender(Cement) $ 9.88 0.00 Pipelayer $ 12.00 0.00 07/2006 00811 -3 of6 Issue for Construction-November 17,2012 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Plasterer Tender $ 12.90 2.51 LATHER $ 16.90 3.61 Painter-Brush, Roller& Spray $ 11.14 0.00 POWER EQUIPMENT OPERATOR: Asphalt Paver $ 13.50 0.25 Backhoe $ 12.50 0.00 Crane $ 19.00 0.00 Forklift $ 14.53 0.00 Slab&Wall Saw $ 15.54 3.83 ROOFER $ 11.38 0.00 TILE FINISHER $ 11.86 0.53 TILE SETTER $ 15.71 1.01 TRUCK DRIVER $ 10.75 1.47 WELDERS- Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of"identifiers"that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU"denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these 07/2006 00811 -4 of 6 Issue for Construction—November 17,2012 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION characters is the effective date of the most current ("h.\ negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rate. 0000/9999:weighted union wage rates will be published annually each January. Non-Union Identifiers Classifications listed under an"SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010. SU indicates the rates are not union rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. ------------ WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter?This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.)should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the p+� Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 07/2006 00811 -5 of 6 Issue for Construction—November 17,2012 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action)can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested parry's position and by any information (wage payment data, project description, area practice material, etc.)that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.)All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 07/2006 00811 -6 of 6 Issue for Construction—November 17,2012 CITY OF PEARLAND ADDENDUM Section 00900 ADDENDUM NO.# Date: [mm dd, yyyy] [NOTE TO SPECIFIER: Please read this entire section carefully; edit, add, modify as appropriate and/or necessary for your project; coordinate all changes with the City prior to issuance and; DELET THIS TEXT BOX PRIOR TO PRINTING.] PROJECT: [Project name;project limits] BID NO.: [200#-#1t#] BID DATE: [Date; time] FROM: [Responsible engineer] [Title] [Firm name] [Firm address] To: Prospective Bidders and Interested Parties This addendum forms a part of the bidding documents and will be incorporated into the Contract Documents, as applicable. Insofar as the original Contract Documents, Specifications, and Drawings are inconsistent, this Addendum shall govern. Please acknowledge receipt of this Addendum on the Bid Proposal form, Section 00300 submitted to the City of Pearland. FAILURE TO ACKNOWLEDGE RECEIPT OF ADDENDA ON THE BID PROPOSAL FORM MAY BE CAUSE FOR DISQUALIFICATION. CONTRACT DOCUMENTS: [Insert as needed] SPECIFICATIONS: [Insert as needed] CONSTRUCTION DRAWINGS: [Insert as needed] END OF ADDENDUM NO. [#] [Responsible engineer] [Title] 2-22-12 00900-1 of 1 CITY OF PEARLAND SUMMARY OF WORK Section 01100 SUMMARY OF WORK 1.0 GENERAL 1.01 SECTION INCLUDES A A summary of the Work to be performed under this Contract,work by Owner,Owner furnished products, Work sequence, future Work, Contractor's use of Premises, and Owner occupancy. 1.02 WORK COVERED BY CONTRACT DOCUMENTS A Work of the Contract is for the construction of: A 6,000 square foot build out of an existing retail shell space for the purpose of a branch of the Brazoria County Library System. The facility will include a meeting room,storage,public and staff restrooms, workroom, office, library stacks, computer stations, reading areas, and circulation Desk. Mechanical, electrical,and plumbing including a roof top air handling system are also programmed for the facility. 1.03 WORK BY OWNER A Owner will contract the telecommunication work. 1.04 OWNER FURNISHED PRODUCTS A Owner to provide furniture and office equipment 1.05 WORK SEQUENCE A Immediately upon contract award,contractor is to order HVAC system and any other items that may have a long lead time. B Contractor to submit project schedule to Engineer&Owner for approval as specified in Section 01300—Submittals. C Contractor shall coordinate the Work with the Engineer and Owner as specified in Section 01040 - Coordination and Meetings. 1.06 CONTRACTOR'S USE OF PREMISES A Comply with procedures for access to the site and Contractor's use of rights-of-way as specified in Section 01140 - Contractor's Use of Premises. B Contractor shall be responsible for all utilities required for construction. 07/2006 01100- 1 of2 CITY OF PEARLAND SUMMARY OF WORK 1.07 OWNER OCCUPANCY A Cooperate with the Owner to minimize conflict, and to facilitate the Owner's operations. Coordinate Contractor's activities with Engineer. B Schedule Work to accommodate this requirement. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION-NotUsed END OF SECTION 07/2006 01100-2 of 2 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES Section 01140 WORK RESTRICTIONS PART1 -GENERAL RELATED DOCUMENTAIONS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Divisions) Specifications,apply to this Section. 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. D. Driveways and Entrances:Keep driveways and entrances serving premises clear and available to Owner,the general public, and emergency vehicles at all times. E. Do not use these areas for parking or storage of materials. 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. OCCUPANCY REQUIREMENTS A. 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. 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. 5. On occupancy, Owner will assume responsibility for maintenance and custodial services for occupied portions of the building. 10/2012/Facilities 01140- 1 of 2 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES 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. CLEAN-UP A. Maintain Project Site in a neat and orderly manner. B. Perform daily clean up in and around construction zone of dirt, debris, scrap materials, other disposable items. C. Promptly remove barriers, signs, and components of other control systems that are no longer being utilized. 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. 2. Location of trash and waste receptacles. 3. Provisions for liquid waste and potential water pollutants material. RESTORATION Restore damaged permanent facilities to pre-construction conditions unless replacement or abandonment of facilities is indicated on the Plans. PRODUCTS-NotUsed EXECUTION-NotUsed END OF SECTION fl 10/2012/Facilities 01140-2 of 2 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES Section 01140 WORK RESTRICTIONS PART1 -GENERAL RELATED DOCUMENTAIONS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Divisions) Specifications,apply to this Section. 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. D. Driveways and Entrances:Keep driveways and entrances serving premises clear and available to Owner,the general public, and emergency vehicles at all times. E. Do not use these areas for parking or storage of materials. 1. Schedule deliveries to minimize use of driveways and entrances. (11`1 2. Schedule deliveries to minimize space-and time required for storage of materials and equipment on site. OCCUPANCY REQUIREMENTS A. 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. 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. 5. On occupancy, Owner will assume responsibility for maintenance and custodial services for occupied portions of the building. 10/2012/Facilities 01140- 1 of 2 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES 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. CLEAN-UP A. Maintain Project Site in a neat and orderly manner. B. Perform daily clean up in and around construction zone of dirt, debris, scrap materials,other disposable items. C. Promptly remove barriers, signs, and components of other control systems that are no longer being utilized. 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. 'Th 2. Location of trash and waste receptacles. 3. Provisions for liquid waste and potential water pollutants material. RESTORATION Restore damaged permanent facilities to pre-construction conditions unless replacement or abandonment of facilities is indicated on the Plans. PRODUCTS -NotUsed EXECUTION-NotUsed END OF SECTION 10/2012/Facilities 01140-2 of 2 CITY OF PEARLAND CHANGE ORDER PROCEDURES Ca's. Section 01290 CHANGE ORDER PROCEDURES 1.0 GENERAL 1.01 SECTION INCLUDES A Procedures for processing Change Orders, including: 1. Assignment of a responsible individual for approval and communication of changes in the Work; 2. Documentation of change in Contract Price and Contract Time; 3. Change procedures, using proposals and construction contract modifications, Work Change Directive, Stipulated Price Change Order,Unit Price,Change Order,Time and Materials Change Order; 4. Execution of Change Orders; 5. Correlation of Contractor Submittals. B References to Technical Specifications: 1. Section 01350—Submittals 2. Section 01760—Project Record Documents C Other References: 1. Rental Rate Blue Book for Construction Equipment(Data Quest Blue Book). Rental Rate is defined as the full unadjusted base rental rate for the appropriate item of construction equipment. 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 RESPONSIBLE INDIVIDUAL A Contractor shall provide a letter indicating the name and address of the individual authorized to execute change documents, and who shall also be responsible for informing others in Contractor's employ and Subcontractors of changes to the Work. The information shall be provided at the Preconstruction Conference. 1.04 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND CONTRACT TIME A Provide full information required for identification and evaluation of proposed changes, and to substantiate costs of proposed changes in the Work. B Contractor shall document each Proposal for Change in cost or time with sufficient data to allow for its evaluation. Cisb Revised 10/2012/Facilities 01290- 1 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES C Proposal for Change shall include, as a minimum, the following information as applicable: 1. Original Quantities of items in Section 00300—Bid Proposal with additions, reductions, deletions, and substitutions. 2. When Work items were not included in Section 00300—Bid Proposal, Contractor shall provide unit prices for the new items,with supporting information as required by the Architect. 3. Justification for any change in Contract Time. 4. Additional data upon request. D For changes in the Work performed on a time-and-material basis, the following additional information may be required: 1. Quantities and description of products and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit as noted in Section 00700—General Conditions of Agreement, 7.03 "Extra Work". 4. Dates and times work was performed, and by whom. 5. Time records and certified copies of applicable payrolls. 6. Invoices and receipts for products, rented equipment, and subcontracts, similarly documented. E Rented equipment will be paid to the Contractor by actual invoice cost for the duration of time required to complete the extra work. If the extra work comprises only a portion of the rental invoice where the equipment would otherwise be on the site,the Contractor shall compute the hourly equipment rate by dividing the actual monthly invoice by 176. (One day equals 8 hours and one week equals 40 hours.) Operating costs shall not exceed the estimated operating costs given for the item of equipment in the Blue Book. F For changes in the work performed on a time-and-materials basis using Contractor- owned equipment, compute rates with the Blue Book as follows: 1. Multiply the appropriate Rental Rate by an adjustment factor of 70 percent plus the full rate shown for operating costs. The Rental Rate utilized shall be the lowest cost combination of hourly, daily,weekly or monthly rates. Use 150 percent of the Rental Rate for double shifts(one extra shift per day) and 200 percent of the Rental Rate for more than two shifts per day. No other rate adjustments shall apply. 2. Standby rates shall be 50 percent of the appropriate Rental Rate shown in the Blue Book. Operating costs will not be allowed. 1.05 CHANGE PROCEDURES A Changes to Contract Price or Contract Time can only be made by issuance of a Change Order. Issuance of a Work Change Directive or written acceptance by the Architect of changes will be formalized into Change Orders. All such changes will be in accordance with the requirements of Section 00700 — General Conditions of Agreement, 7.01 "Change Orders". Revised 10/2012/Facilities 01290-2 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES B The Architect will advise Contractor of Minor Changes in the Work not involving an adjustment to Contract Price or Contract Time as authorized by Section 00700 — General Conditions of Agreement, 7.02 "Minor Changes", by issuing supplemental instructions. C Contractor may request clarification of Plans, Technical Specifications or Contract Documents or other information. Response by the Architect to a Request for Information does not authorize the Contractor to perform tasks outside the scope ofthe Work. All changes must be authorized as described in this Section. 1.06 PROPOSALS FOR CHANGE AND CONTRACT MODIFICATION A The Architect may issue a Request for Proposal,which includes a detailed description of a proposed change with supplementary or revised Plans and Technical Specifications.The Architect may also request a proposal in the response to a Request for Information. Contractor will prepare and submit its Proposal for Change within 7 days or as specified in the request. B The Contractor may propose an unsolicited change by submitting a Proposal for Change to the Architect describing the proposed change and its full effect on the Work, with a statement describing the reason for the change and the effect on the Contract Price and Contract Time including full documentation. 1.07 WORK CHANGE DIRECTIVE A Architect may issue a signed Work Change Directive instructing the Contractor to proceed with a change in the Work,for subsequent inclusion in a Change Order. B The document will describe changes in the Work and will designate a method of determining any change in Contract Price or Contract Time. C Contractor shall proceed promptly to execute the changes in the Work in accordance with the Work Change Directive. 1.08 STIPULATED PRICE CHANGE ORDER A A Stipulated PriceChange Order will be based on an accepted Proposal for Change including the Contractor's lump sum price quotation. 1.09 UNIT PRICE CHANGE ORDER A Where Unit Prices for the affected items of the Work are included in Section 00300- Bid Proposal,the Unit Price Change Order will be based on unit prices as originally bid, subject to provisions of Section 00700-General Conditions of Agreement. B Where unit prices of the Work are not pre-determined in Section 00300 — Bid Proposal, Work Change Directive or accepted Proposal for Change will specify theCsta's unit prices to be used. Revised 10/2012/Facilities 0.1290-3 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES 1.10 TIME-AND-MATERIAL CHANGE ORDER A Contractor shall provide an itemized account and supporting data after completion of change,within time limits indicated for claims in Section 00700—General Conditions of Agreement. B Architect will determine the change allowable in Contract Price and Contract Time as provided in Section 00700—General Conditions of Agreement. C Contractor shall maintain detailed records of work done on time-and-material basis as specified in this Section, 1.04 "Documentation of Change in Contract Price and Contract Time". D Contractor shall provide full information required for evaluation of changes,and shall substantiate costs for changes in the Work. 1.11 EXECUTION OF CHANGE DOCUMENTATION A Architect will issue Change Orders, Work Change Directives, or accepted Proposals for Change for signatures of parties named in Section 00500 — Standard Form of Agreement. 1.12 CORRELATION OF CONTRACTOR SUBMITTALS A For Stipulated Price Contracts, Contractor shall promptly revise Schedule of Values and Application for Payment forms. to record each authorized Change Order as a separate line item and adjust the Contract Price. B For Unit Price Contracts,the next monthly Application for Payment ofthe Work after acceptance of a Change Order will be revised to include any new items not previously included and the appropriate unit rates. C Contractor shall promptly revise progress schedules to reflect any change in Contract Time,and shall revise schedules to adjust time for other items of work affected by the change, and resubmit for review. D Contractor shall promptly enter changes to the on-site and record copies of the Plans, Technical Specifications or Contract Documents as required in Section 01760 — Project Record Documents. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION Revised 10/2012/Facilities 01290-4 of 4 (� CITY OF PEARLAND COORDINATION AND MEETINGS Section 01310 COORDINATION AND MEETINGS 1.0 GENERAL 1.01 SECTION INCLUDES A Section includes general coordination including Preconstruction Conference, Site Mobilization Conference, and Progress Meetings. B References to Technical Specifications: 1. Section 01100—Summary of Work 1.02 RELATED DOCUMENTS A Coordination is required throughout the documents. Refer to all of the Contract Documents and coordinate as necessary. 1.03 ARCHITECT AND REPRESENTATIVES A The Architect may act directly or through designated representatives as defined in Section 00700 — General Conditions of Agreement, 1.01 "Owner, Contractor, and Architect", and as identified by name at the Preconstruction Conference. 1.04 CONTRACTOR COORDINATION A Coordinate scheduling,submittals,and work ofthe various Technical Specifications to assure efficient and orderly sequence of installation of interdependent construction elements. B Coordinate completion and clean up of the Work for Substantial Completion and for portions of the Work designated for Owner's partial occupancy. C Coordinate access to Project Site for correction of nonconforming work to minimize disruption of Owner's activities where Owner is in partial occupancy. 1.05 PRECONSTRUCTION CONFERENCE A Architect will schedule a Preconstruction Conference. B Attendance Required: Architect's representatives,Consultants,Contractor,and major Subcontractors. C Agenda: 1. Distribution of Contract Documents. 2. Designation of personnel representing the parties to the Contract, and the Consultant. 3. Review of insurance. Revised 10/2012/Facilities 01310-1 of3 CITY OF PEARLAND COORDINATION AND MEETINGS 4. Discussion of formats proposed by the Contractor for Schedule of Values, and Construction Schedule. 5. Discussion of required Submittals, including,but not limited to, Work Plans,Traffic Control Plans, Safety Programs, Construction Photographs. 6. Procedures and processing of Shop Drawings and other submittals, substitutions,Applications for Payment,Requests for Information,Request for Proposal, Change Orders, and Contract Closeout. 7. Scheduling of the Work and coordination with other contractors. 8. Review of Subcontractors. 9. Appropriate agenda items listed in this Section, 1.06 "Site Mobilization Conference",when Preconstruction Conference and Site Mobilization Conference are combined. 10. Procedures for testing, if applicable. 11. Procedures for maintaining Project Record Documents. 12. Designation of the individual authorized to execute change documents and their responsibilities. 13. Discussion of requirements of a Trench Safety Program if applicable. 1.06 SITE MOBILIZATION CONFERENCE A When required by Section 01100—Summary of Work,Architect will schedule a Site Mobilization Conference at the Project Site prior to Contractor occupancy. B Attendance Required: Architect representatives, Consultants, Contractor's Superintendent, and major Subcontractors. C Agenda: 1. Use of premises by Owner and Contractor 2. Safety and first aid procedures 3. Construction controls provided by Owner 4. Temporary utilities 5. Survey and layout 6. Security and housekeeping procedures 1.07 PROGRESS MEETINGS A Progress Meetings shall be held at Project Site or other location as designated by the Architect. Meeting shall be held at monthly intervals, or more frequent intervals if directed by Architect. B Attendance Required: Job superintendent, major Subcontractors and suppliers, Architect representatives, and Consultants as appropriate to agenda topics for each meeting. C Architect or his representative will make arrangements for meetings, and recording minutes. D Architect or his representative will prepare the agenda and preside at meetings. Revised 10/2012/Facilities 01310-2 of 3 CITY OF PEARLAND COORDINATION AND MEETINGS (1116\ E Contractor shall provide required information and be prepared to discuss each agenda item. F Agenda: 1. Review minutes of previous meeting. 2. Review of Construction Schedule,Applications for Payment,payroll and compliance submittals. 3. Field observations,problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of Submittal Schedule and status of submittals. 6. Review status of Requests for Information,Requests for Proposal. 7. Review status of Change Orders. 8. Review of off-site fabrication and delivery schedules. 9. Maintenance of updates to Construction Schedule. 10. Corrective measures to regain projected schedules. 11. Planned progress during succeeding work period. 12. Coordination of projected progress. 13. Maintenance of quality and work standards. 14. Effect of proposed changes on Construction Schedule and coordination. 15. Other items relating to the Work. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION Revised 10/2012/Facilities 01310-3 of 3 CITY OF PEARLAND SUBMITTALS Section 01350 SUBMITTALS 1.0 GENERAL This Section contains general lists of Submittals and Technical Specifications that may be required for the Work. When Submittals are required elsewhere in these Technical Specifications,refer to this Section for Submittal requirements and procedures. 1.01 SECTION INCLUDES A Submittal procedures for: 1. Schedule of Values 2. Construction Schedules 3. Shop Drawings,Product Data, and Samples 4. Operations and Maintenance Data 5. Manufacturer's Certificates 6. Construction Photographs 7. Project Record Documents 8. Design Mixes B References to the following Technical Specifications: 1. Section 01310—Coordination&Meetings 2. Section 01630—Product Options & Substitutions 3. Section 01100—Summary of Work 4. Section 01380—Construction Photographs 5. Section 01760—Project Record Documents 6. Section 02530—Gravity Sanitary Sewers 1.02 SUBMITTAL PROCEDURES A Scheduling and Handling 1. Schedule Submittals well in advance of the need for material or equipment for construction. Allow time to make delivery of material or equipment after Submittal is approved. 2. Develop a Submittal Schedule that allows sufficient time for initial review, correction,resubmission and fmal review of all submittals.The Architect will review and return submittals to the Contractor as expeditiously as possible but the amount oftime required for review will vary depending on the complexity and quantity of data submitted. In no case will a Submittal Schedule be acceptable which allows less than 30 days for initial review by the Architect. This time for review shall in no way be justification for delays or additional compensation to the-Contractor. 3. The Architect's review of submittals covers conformity to the Plans,Technical Specifications, and dimensions which affect the layout. The Contractor is responsible for quantity determination. The Contractor is responsible for any errors, omissions or deviations from the Contract requirements; review of Revised 10/2012/Facilities 01350- 1 of 6 CITY OF PEARLAND SUBMITTALS submittals in no way relieves the Contractor from his obligation to furnish required items according to the Plans and Technical Specifications. 4. Submit 5 copies of documents unless otherwise specified in this Section or by individual Technical Specifications. 5. Revise and resubmit submittals as required. Identify all changes made since previous submittal. 6. The Contractor shall assume the risk for material or equipment which is fabricated or delivered prior to approval. No material or equipment shall be incorporated into the Work or included in Applications for Payment until approval has been obtained in the specified manner. B Transmittal Form and Numbering 1. Transmit each submittal to the Architect with a transmittal form. 2. Sequentially number each transmittal form beginning with the number 1. Re- Submittals shall use the original number with an alphabetic suffix(i.e.,2A for first Re-Submittal of Submittal 2 or 15C for third Re-Submittal of Submittal 15). Each submittal shall only contain one type of work, material, or equipment. Mixed submittals will not be accepted. 3. Identify variations from requirements of Contract Documents and identify product or system limitations. 4. For submittal numbering of video tapes, see this Section, 1.10"Video". C Contractor's Certification . 1. Each submittal shall contain a statement or stamp signed by the Contractor, certifying that the items have been reviewed in detail and are correct and in accordance with Contract Documents, except as noted by any requested variance. 1.03 SCHEDULE OF VALUES A Submit a Schedule of Values at least 10 days prior to the first Application for Payment. A Schedule of Values shall be provided for each of the items indicated as Lump Sum (LS) in Section 00300—Bid Proposal for which the Contractor requests to receive Progress Payments. B Schedule of Values shall be typewritten on 8-1/2"x 11",plain bond,white paper. Use the Table of Contents of this Project Manual as a format for listing costs of Work by Section. C Round off figures for each listed item to the nearest $100.00 except for the value of one item, if necessary, to make the total price for all items listed in the Schedule of Values equal to the applicable Lump Sum in Section 00300—Bid Proposal. D For Unit Price Contracts, items should include a proportional share of Contractor's overhead and profit, such that the total of all items listed in the Schedule of Values equals the Contract amount. For Stipulated Price Contracts,Mobilization,Bonds,and Insurance may be listed as separate items in the Schedule of Values. Revised 10/2012/Facilities 01350-2 of 6 CITY OF PEARLAND SUBMITTALS E For Lump Sum equipment items, where Submittals for Testing, Adjusting, and Balancing Reports in conjunction with Operation and Maintenance Data are required, include a,separate item for equipment Operation and Maintenance Data Submittals and a separate item for Submittals of equipment Testing, Adjusting, and Balancing Reports, each valued at five (5)percent of the Lump Sum. F Revise the Schedule of Values and resubmit for items affected by contract modifications,Change Orders,and Work Change Directives. Submit revised Schedule of Values 10 days prior to the first Application for Payment after the changes are approved by the Architect. 1.04 CONSTRUCTION SCHEDULES A Submit Construction Schedules for the Work in accordance with the requirements of this Section. The Construction Schedule Submittal shall be,at a minimum,a bar chart, (computer generated or prepared manually) and a narrative report. B During the Preconstruction Meeting, as noted in Section 01310 - Coordination and Meetings, the Contractor shall provide a sample of the format to be used for the Construction Schedule Submittal.The format is subject to approval by the Architect. Review of the Submittal will be provided within 7 days of the Submittal of the sample. C Within 7 days of the receipt of approval of the Contractor's format, or 14 days of the Notice to Proceed, whichever is later, the Contractor shall submit a proposed Construction Schedule for review. The Construction Schedule Submittal shall meet the following requirements: 1. The Construction Schedule shall usually include a total of at least 20 but not more than 50 activities. Fewer activities may be accepted,if approved by the Architect. 2. For Projects with work at different physical locations,each location should be indicated separately within the Construction Schedule. 3. For projects with multiple crafts or significant subcontractor components,these elements should be indicated separately within the Construction Schedule. 4. For Projects with multiple types of tasks within the scope,these types of work should be indicated separately within the Construction Schedule. 5. For Projects with significant major equipment items or materials worth over 25 percent of the Total Contract Price,the Construction Schedule shall indicate dates when these items are to be purchased,when they are to be delivered,and when installed. 6. For Projects where operating plants are involved, each period of work which will require the shut down of any process or operation shall be identified in the Construction Schedule and must be agreed to by the Architect prior to starting work in the area. 7. A Billing Schedule(tabulation of the estimated monthly billings)for the Work shall be prepared and submitted by the Contractor with the first Construction Schedule. This information is not required in;the monthly updates, unless significant changes in Work require re-submittal of the Construction Schedule for review. The total for each month and a cumulative total will be indicated. Revised 10/2012/Facilities 01350-3 of 6 CITY OF PEARLAND SUBMITTALS These monthly forecasts are only for planning purposes of the Architect. Monthly payments for actual work completed will be made by the Architect in accordance with Section 00700 -General Conditions of Agreement. D The Contractor must receive approval from the Architect for the Construction Schedule and Billing Schedule prior to the first monthly Application for Payment. No payment will be made until these are accepted. E Upon written request from the Architect, the Contractor shall revise and submit for approval all or any part of the Construction Schedule to reflect changed conditions in the Work or deviations made from the original plan and schedule. F The Contractor's Construction Schedule shall thereafter be updated with the Actual Start and Actual Finish Dates, Percent Complete, and Remaining Duration of each Activity and submitted monthly. The date to be used in updating the monthly Construction Schedule shall be the same Date as is used in the monthly Application for Payment. This monthly update of the Construction Schedule shall be required before the monthly Application for Payment will be processed for payment. G The narrative Construction Schedule Report shall include a description of changes made to the Construction Schedule;Activities Added to the Construction Schedule; Activities Deleted from the Construction Schedule; any other changes made to the Construction Schedule other than the addition of Actual Start Dates and Actual Finish Dates and Remaining Durations. 1.05 SHOP DRAWINGS,PRODUCT DATA,AND SAMPLES A Shop Drawings 1. Submit Shop Drawings for review as required by the Technical Specifications. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures" shall be placed on each Shop Drawing. 3. The Shop Drawing shall accurately and distinctly present the following: a. Field and erection dimensions clearly identified as such. b. Arrangement and section views. c. Relation to adjacent materials or structure including complete information for making connections between work under this Contract and work under other contracts. d. Kinds of materials and finishes. e. Parts list and descriptions. f. Assembly Shop Drawings of equipment components and accessories showing their respective positions and relationships to the complete equipment package. g. Where necessary for clarity, identify details by reference to sheet numbers and detail numbers, schedule or room numbers as shown on the Plans. 4. Shop Drawings shall be to scale, and shall be a true representation of the specific equipment or item to be furnished. Revised 10/2012/Facilities 01350-4 of 6 CITY OF PEARLAND SUBMITTALS C.6\ B Product Data 1. Submit Product Data for review when required in individual Technical Specifications. - 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures"shall be placed on each data item submitted. 3. Mark each copy to identify applicable products,models,options to be used in this Project. Supplement manufacturers'standard data to provide information unique to this Project, where required by the Technical Specification. 4. For products specified only by reference standard,submit manufacturer,trade name,model or catalog designation, and applicable reference standard. 5. For Approved Products, those designated in the Technical Specifications followed by the words"or approved equal",submit manufacturer,trade name, model or catalog designation, and applicable reference standard. 6. For products proposed as alternates to Approved Products, refer to Section 01630-Product Options and Substitutions, 1.04"Selection Options"and 1.07 "Substitution Procedures". 7. For products that are neither.Pre-Approved, Approved, specified only by reference standard, nor proposed as alternates; submit product description, trade name, manufacturer, and supplier. Contractor shall provide additional information upon written request by Architect or Owner. C Samples 1. Submit samples for review as required by the Technical Specification. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures", shall be placed on each sample or a firmly attached sheet of paper. 3. Submit the number of samples specified in the Technical Specification;one of which will be retained by the Architect. 4. Reviewed samples which may be used in the Work are identified in the Technical Specifications. 1.06 OPERATIONS AND MAINTENANCE DATA A When specified in Technical Specification,submit manufacturers'printed instructions for delivery, storage, assembly, installation, start-up, operation, adjusting, fmishing, and maintenance. B Contractor's Certification,as described in this Section. 1.02"Submittal Procedures", shall be placed on front page of each document. C Identify conflicts between manufacturers'instructions and Contract Documents. 1.07 MANUFACTURER'S CERTIFICATES A When specified in Technical Specification, submit manufacturers' certificate of compliance for review by Architect. (111"\ B Contractor's Certification, as described in this Section, 1.02"Submittal Procedures", shall be placed on front page of the certificate. Revised 10/2012/Facilities 0.1350-5 of 6 CITY OF PEARLAND SUBMITTALS C Submit supporting reference data, affidavits, and certifications as appropriate. D Manufacturer's Certificates may be recent or previous test results on material or product,but must be acceptable to Architect. 1.08 CONSTRUCTION PHOTOGRAPHS A When required by Section 01100 — Summary of Work, submit photographs in accordance with Section 01380—Construction Photographs. 1.09 PROJECT RECORD DOCUMENTS A Submit Project Record Documents in accordance with Section 01760—Project Record Documents. 1.10 VIDEO A Submit television video in DVD format as required in individual Technical Specifications. B Transmittal forms for video disks shall be numbered sequentially beginning with T01, T02,T03, etc. 1.11 DESIGN MIXES A When specified, submit design mixes for review. B Contractor's Certification, as described in this Section, 1.02"Submittal Procedures", shall be placed on front page of each design mix. C Mark each design mix to identify proportions,gradations,and additives for each class and type of design mix submitted. Include applicable test results on samples for each mix. D Maintain a copy of approved design mixes at mixing plant. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION Revised 10/2012/Facilities 01350-6 of 6 '� CITY OF PEARLAND REFERENCED STANDARDS `� Section 01420 REFERENCED STANDARDS 1.0 GENERAL 1.01 SECTION INCLUDES A General quality assurance as related to Reference Standards and a list of references. B References to Technical Specifications: None 1.02 QUALITY ASSURANCE A For Products or workmanship specified by association, trade, or Federal Standards comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B Conform to reference standard by date of issue current on the date as stated in Section 00700—General Conditions of Agreement. C Request clarification from Architect before proceeding should specified reference standards conflict with Contract Documents. 1.03 SCHEDULE OF REFERENCES AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street,N.W. Washington,DC 20001 ACI American Concrete Institute P.O.Box 19150 Reford Station Detroit,MI 48219-0150 AGC Associated General Contractors of America 1957 E Street,N.W. Washington,DC 20006 AI Asphalt Institute Asphalt Institute Building College Park,MD 20740 AITC American Institute of Timber Construction 333 W.Hampden Avenue +�►, Englewood, CO 80110 Revised 10/2012/Facilities 01420-1 of 5 CITY OF PEARLAND REFERENCED STANDARDS AISC American Institute of Steel Construction 400 North Michigan Avenue,Eighth Floor Chicago,IL 60611 AISI American Iron and Steel Institute 1000 16th Street,N.W. Washington,DC 20036 ASME American Society of Mechanical Architects 345 East 47th Street New York,NY 10017 ANSI American National Standards Institute 1430 Broadway New York,NY 10018 APA American Plywood Association Box 11700 Tacoma, WA 98411 API American Petroleum Institute 1220 L Street,N.W. Washington,DC 20005 AREA American Railway Architecting Association 50 F Street,N.W. Washington,DC 20001 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia,PA 19103 AWPA American Wood-Preservers'Association 7735 Old Georgetown Road Bethesda,MD 20014 AWS American Welding Society P.O.Box 35104 Miami,FL 33135 AWWA American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 • Revised 10/2012/Facilities 01420-2 of 5 CITY OF PEARLAND REFERENCED STANDARDS CLFMI Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue,N.W. Washington,DC 20036 CRD U.S.A. Corps of Architects Code of Ordinances City of Pearland 3519 Liberty Drive Pearland,TX 77581 CRSI Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg,IL 60173-4758 EJMA Expansion Joint Manufacturers Association 707 Westchester Avenue White Plains,NY 10604 FDA U.S.Food and Drug Administration 5600 Fisher Lane Rockville,MD 20857-0001 FS Federal Standardization Documents General Services Administration, Specifications Unit(WFSIS) 7th and D Street S.W. Washington,DC 20406 ICEA Insulated Cable Architect Association P.O.Box 440 S.Yarmouth,MA 02664 IEEE Institute of Electrical and Electronics Architects 445 Hoes Lane P.O.Box 1331 Piscataway,NJ 0855-1331 MlL Military Specifications General Services Administration, Specifications Unit(WFSIS) 7th and D Street S.W. Washington,DC 20406 NACE National Association of Corrosion Architects P. O.Box 986 Katy, TX 77450 Revised 10/2012/Facilities 01420-3 of 5 CITY OF PEARLAND REFERENCED STANDARDS NEMA National Electrical Manufacturers'Association 2101 L Street,N.W., Suite 300 Washington,DC 20037 NFPA National Fire Protection Association Batterymarch Park,P.O.Box 9101 Quincy,MA 02269-9101 OSHA Occupational Safety Health Administration U.S.Department of Labor, Government Printing Office Washington,DC 20402 PCA Portland Cement Association 5420 Old Orchard Road Skokie,IL 60077-1083 PCI Prestressed Concrete Institute 201 North Wacker Drive Chicago,IL 60606 SDI Steel Deck Institute Box 9506 Canton, OH 44711 SSPC Steel Structures Painting Council 4400 Fifth Avenue Pittsburgh,PA 15213 TAC Texas Administrative Code TCEQ Texas Commission on Environmental Quality P. O.Box 13087 Austin,TX 78711-3087 TxDOT Texas Department of Transportation 125 East 11th Street Austin, TX 78701-2483 Texas MUTCD Texas Manual on Uniform Traffic Control Devices(2003 Adoption) (published by Texas Department of Transportation) UL Underwriters'Laboratories, Inc. 333 Pfmgston Road Northbrook,IL 60062 UNI-BELL UNI-BELL Pipe Association 2655 Villa Creek Drive, Suite 155 Revised 10/2012/Facilities 01420-4 of 5 CITY OF PEARLAND REFERENCED STANDARDS Dallas, TX 75234 WRI Wire Reinforcement Institute 942 Main Street—Suite 300 Hartford, CT 06103 WWD/PI Water Well Drillers and Pump Installers Advisory Council Texas Department of Licensing and Regulation P.O.Box 12157 Austin,TX 78711 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION Revised 10/2012/Facilities 01420-5 of 5 CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL Section 01430 CONTRACTOR'S QUALITY CONTROL 1.0 GENERAL 1.01 SECTION INCLUDES A Quality assurance and control of installation and manufacturer's field services and reports. B References to Technical Specifications: 1. Section 01350—Submittals 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 QUALITY ASSURANCE/CONTROL OF INSTALLATION A Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce the Work of specified quality at no additional cost to the Owner. B Comply fully with manufacturers' installation instructions, including each step in sequence. C Request clarification from Project Manager before proceeding should manufacturers' instructions conflict with Contract Documents. D Comply with specified Standards as minimum requirements for the Work except when more stringent tolerances,codes,or specified requirements indicate higher standards or more precise workmanship. E Perform work by persons qualified to produce the specified level of workmanship. F Obtain copies of Standards and maintain at Project Site when required by individual Technical Specifications. 1.04 MANUFACTURERS' FIELD SERVICES AND REPORTS A When specified in individual Technical Specifications, provide material or product suppliers' or manufacturers' technical representative to observe site conditions, conditions of surfaces and installation,quality of workmanship,start-up of equipment, operator training,test, adjust, and balance of equipment as applicable,and to initiate operation,as required. Conform to minimum time requirements for start-up operations and operator training if defined in Technical Specifications. Revised 10/2012/Facilities 01430-1 of 2 CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL .�1 B At the Project Manager's request, submit qualifications of manufacturer's representative to Project Manager fifteen (15) days in advance of required representative's services. The representative shall be subject to approval of Project Manager. C Manufacturer's representative shall report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers'written instructions. Submit report within one(1)day of observation to Project Manager for review. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION Revised 10/2012/Facilities 01430-2 of 2 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Section 01500 TEMPORARY FACILITIES AND CONTROLS 1.0 GENERAL 1.01 SECTION INCLUDES A Temporary facilities and the necessary controls for the Work including utilities, telephone, sanitary facilities, field office, storage sheds and building, safety requirements,first aid equipment,fire protection,security measures,protection of the Work and property, access roads and parking, environmental controls, disposal of trash,debris,and excavated material,pest and rodent control,water runoff and erosion control. B References to Technical Specifications: Section 00200—Instructions to Bidders Section 01100—Summary of Work Section 01350—Submittals Section 01566—Source Controls for Erosion& Sedimentation Section 01100—Summary of Work Section 01600—Material&Equipment Section 01570—Trench Safety System Section 01555—Traffic Control &Regulation Section 01720—Field Surveying Section 01563 —Tree&Plant Protection Section 01564—Control of Ground Water& Surface Water Section 13730- Computer Equipment C Referenced Standards: Occupational Safety and Health Administration(OSHA) National Fire Protection Association(NFPA) Code of Ordinances, City of Pearland, Texas D Definitions: Underground Structures - sewer, water, gas, and other piping, and manholes, chambers, electrical and signal conduits, tunnels, and other existing subsurface installations located within or adjacent to the limits of the Work. Surface Structures - existing buildings, structures and other constructed installations above the ground surface. Included with such structures are their foundations or any extension below the surface. Surface structures include, but are not limited to 12-2-2011 01500- 1 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS buildings,tanks, walls,bridges,roads, dams,channels, open drainage,piping,poles, wires, posts, signs, markers, curbs, walks, guard cables, fencing, and other facilities that are visible above the ground surface. 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.04 CONTRACTOR'S RESPONSIBILITY A The facilities and controls specified in this Section are considered minimum for the Work. The Contractor may provide additional facilities and controls for the proper execution of the Work and to meet Contractor's responsibilities for protection of persons and property. B Comply with applicable requirements specified in other Technical Specifications. Maintain and operate temporary facilities and systems to assure continuous service. Modify and extend systems as Work progress requires. Completely remove temporary materials and equipment when their use is no longer required. Restore existing facilities used for temporary services to specified or to original condition. 1.05 TEMPORARY UTILITIES A Temporary Service Make arrangements with utility service companies for such temporary services as are necessary to construct the work and manage the site. Abide by rules and regulations of the utility service companies or authorities having jurisdiction. Be responsible for utility service costs until the Work is Substantially Complete. Included are fuel,power,light,heat,and other utility services necessary for execution, completion,testing, and initial operation of the Work. B Water Provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices, or for other use as required for proper . completion of the Work. 12-2-2011 01500-2 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS For water to be drawn from public water supply, obtain special permit or license and meter from the proper City officials. For facilities under construction, establish a water/sewer billing account with City's Utility Billing Department.A deposit based on rates established by latest ordinance will be required. For water drawn from fire hydrants,apply for and receive a construction water meter from City'Public Works Department. Identify specific location for construction water meter installation. Once installed,water meter may not be moved without notification of Public Works Department.Install backflow preventer on fire hydrant supply if not included in City provided meter. Provide and maintain an adequate supply of potable water for domestic consumption by Contractor personnel. C Electricity and Lighting 1 Provide temporary electric power service in Contractor's name, as required for the prosecution of the Work, including testing of Work. Provide power for lighting, operation of the Contractor's equipment, or for any other use by Contractor or as necessary to maintain any of Owner's on-going operations as may continue on the site during any scheduled shutdown. Minimum lighting level shall be 5 foot-candles for open areas; 10 foot-candles for stairs and shops. 2 Provide permanent electric power service,in the Contractor's name,to the work or site as and when required by the schedule of the work to achieve Substantial Completion or Partial Substantial Completion.Contractor to establish service billing in its name and transfer service and billing to the Owner upon acceptance of the work as Substantially Complete and suitable for beneficial occupancy by the Owner. D Natural Gas Provide and pay for natural gas service to the work as and when required by the schedule to achieve Substantial Completion. Contractor to establish service billing in its name and transfer service and billing to the Owner upon acceptance of the work as Substantially Complete and suitable for beneficial occupancy by the Owner. E Temporary Heat and Ventilation Provide temporary heat as necessary for protection or completion of the Work. Provide temporary heat and ventilation to assure safe working conditions; maintain enclosed areas at a minimum of 50 degrees F. F Telephone Provide emergency telephone service at the Project Site for use by Contractor personnel and others performing work or furnishing services. G Sanitary Facilities Provide and maintain sanitary facilities for persons on the Project Site,in compliance with federal, state, and local regulations. Locate toilets on the Project Site near the 12-2-2011 01500-3 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS work and secluded from view insofar as possible. Keep toilets clean and supplied throughout the course of the Work. Enforce the use of sanitary facilities by construction personnel at the Project Site. Such facilities shall be enclosed. Pit-type toilets will not be permitted. No discharge will be allowed from these facilities. Collect and store sewage and waste so as not to cause a nuisance or health problem; have sewage and waste hauled off-site and properly disposed in accordance with local regulations. Control areas where sanitary facilities are located in conformance with Section 01566 —Source Controls for Erosion& Sedimentation. 1.06 FIELD OFFICE A Provision of a Field Office and other specific temporary facilities as required in paragraph B below UNLESS otherwise stated in Section 00800 - Special Conditions of the Agreement,or Section 01100—Summary of Work. Provide for transportation,move-in,set-up,tie-down and,when project is complete,removal and move-out. The Contractor shall confirm location of office and other temporary facilities with Owner's Representative at Pre-Construction Meeting prior to delivery and set up. Location of temporary facilities shall be approved by the Owner's Representative by way of the submittal process. B. At a minimum, the Contractor's field office shall provide for, contain or serve to: provide a secured space for project administrative operations, periodic progress meetings,on-site storage for project files and plans,office space for CONTRACTOR's field supervisory personnel and provide a separate securable office space for OWNER's Representative including: meeting table and chairs, a single two drawer filing cabinet,a built-in drawing table and plan holders. Provide electric lighting and HVAC to the mobile office. 1. Field Office shall provide for, at a minimum, a high speed internet connection for use by Owner's Representative or Construction Manager as controlled by Paragraph A above. 1.07 STORAGE OF MATERIALS A Provide for storage of materials under the provisions of Section 01600—Material& Equipment. 1.08 SAFETY REQUIREMENTS A Contractor shall prepare, submit and follow a Safety Program that complies with federal, state, and local safety codes, statutes, and practices. Include in the Safety Program documented response to excavation, embankment, and trench safety requirements as specified in Section 01570—Trench Safety System. B Conduct operations in strict accord with applicable federal,state and local safety codes and statutes and with good construction practice. The Contractor is fully responsible and obligated to establish and maintain procedures for safety of all work, personnel and equipment involved in the Work. 12-2-2011 01500-4 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS C Observe and comply with Texas Occupational Safety Act (Art. 5182a, V.C.S.) and Cimin with all safety and health standards promulgated by Secretary of Labor under Section 107 of Contract Work Hours and Standards Act,published in OSHA Standards -29 CFR, Part 1926, and adopted by Secretary of Labor under the Williams-Steiger Occupational Safety and Health Act of 1970, and to any other legislation enacted for safety and health of Contractor employees. Such safety and health standards apply to subcontractors and their employees as well as to the Contractor and its employees. D Observance of and compliance with the regulations shall be solely and without qualification the responsibility of the Contractor without reliance or superintendence of or direction by the Engineer or the Engineer's representative. Immediately advise the Engineer of investigation or inspection by Federal Safety and Health inspectors of the Contractor or subcontractor's work or place of work on the Project Site under this Contract,and after such investigation or inspection,advise the Engineer of the results. Submit one copy of accident reports to Engineer within ten(10) days of occurrence. E Protect areas occupied by workmen using the best available devices for detection of lethal and combustible gases. Test such devices frequently to assure their functional capability. Constantly observe infiltration of liquids into the Work area for visual or odor evidence of contamination. Take immediate and appropriate steps to seal off entry of contaminated liquids to the Work area. F Safety measures, including but not limited to safety personnel, first-aid equipment, ventilating equipment and safety equipment,in the Plans and Technical Specifications are obligations of the Contractor. G Maintain required coordination with the local Police and Fire Departments during the entire period covered by the Contract. 1.09 FIRST AID EQUIPMENT A Provide a first aid kit throughout the construction period. List telephone numbers for physicians,hospitals, and ambulance services in each first aid kit. B Have at least one person.thoroughly trained in first aid procedures present on the Project Site whenever work is in progress. 1.10 FIRE PROTECTION A Fire Protection Standards. Conform to specified fire protection and prevention requirements as well as those that may be established by Federal, State, or local governmental agencies. B. Comply with all applicable provisions of NFPA Standard No. 241, Safeguarding Building Construction and Demolition Operations. Provide portable fire extinguishers, rated not less than 2A or 5B in accordance with NFPA Standard No. 10,Portable Fire Extinguishers,for each temporary building,and for every 3000 square feet of floor area of facilities under construction. 12-2-2011 01500-5 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Locate portable fire extinguishers within 50 feet maximum from any point on the Project Site. C. Fire Prevention and Safety Measures. Prohibit smoking in hazardous areas. Post suitable warning signs in areas that are continuously or intermittently hazardous. Use metal safety containers for storage and handling of flammable and combustible liquids. Do not store flammable or combustible liquids in or near stairways or exits. Maintain clear exits from all points within a structure. 1.11 SECURITY MEASURES A Protect all materials, equipment, and property associated with the Work from loss, theft,damage,and vandalism. Contractor's duty to protect property includes Owner's property. B If existing fencing or barriers are breached or removed for purposes of construction, provide and maintain temporary security fencing equal to existing as approved by Owner's Representative. 1.12 PROTECTION OF PUBLIC UTILITIES A Prevent damage to existing public utilities during construction. These utilities are shown on the Plans at their approximate locations. Give owners of these utilities at least 48 hours notice before commencing Work in the area, for locating the utilities during construction,and for making adjustments or relocation of the utilities when they conflict with the proposed Work. 1.13 PROTECTION OF PEOPLE AND PROPERTY A Preventive Actions. Take precautions, provide programs, and take actions necessary to protect the Work and public and private property from damage. Take action to prevent damage, injury or loss, including, but not limited to, the following: a. Store apparatus,materials,supplies,and equipment in an orderly,safe manner that will not unduly interfere with progress of the Work or the Work of any other contractor, any utility service company, or the Owner's operations. b. Provide suitable storage for materials that are subject to damage by exposure to weather,theft, breakage, or otherwise. c. Place upon the Work or any part thereof only such loads as are consistent with the safety of that portion of the Work. d. Frequently clean up refuse,rubbish,scrap materials,and debris caused by construction operations, keeping the Work safe and orderly. 12-2-2011 01500-6 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS e. Provide safe barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways, and other hazardous areas. Obtain written consent from proper parties before entering or occupying with workers, tools,materials or equipment,privately owned land except on easements provided for construction. Assume full responsibility for the preservation of public and private property on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect, or misconduct in execution of the Work by the Contractor, it shall be restored by the Contractor to a condition equal to or better than that existing before the damage was done. B Barricades and Warning Signals. Where Work is performed on or adjacent to any roadway, right-of-way, or public place, furnish and erect barricades,fences, lights,warning signs,and danger signals; provide watchmen;and take other precautionary measures for the protection of persons or property and protection of the Work.Conform to Section 01555—Traffic Control& Regulation. C Preserving Control Points Maintain permanent benchmarks,public or private elevation or property demarcation and control monumentation, or other reference points. Unless otherwise directed in writing,replace at no cost to the Owner,those monuments,property corners or other permanent demarcations that are damaged or destroyed in accordance with Section 01720—Field Surveying. D Tree and Plant Protection. Protect trees, shrubs,lawns,outside of grading limits and within the grading limits as designated on the Plans,and in accordance with requirements of Section 01563—Tree &Plant Protection. E Protection of Underground and Surface Structures Known underground structures, including water, sewer, electric, and telephone services are shown on the Plans in accordance with the best information available,but is not guaranteed to be correct or complete. Contractor is responsible for making Locate Calls. Explore ahead of trenching and excavation work and uncover obstructing underground structures sufficiently to determine their location, to prevent damage to them and to prevent interruption of utility services. Restore to original condition damages to underground structure at no additional cost to the Owner. Immediately notify the agency or company owning any existing utility which is damaged,broken,or disturbed. Obtain approval from the Engineer and agency for any repairs or relocations, either temporary or permanent. 12-2-2011 01500-7 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Necessary changes in location of the Work may be made by the Engineer to avoid unanticipated underground structures. If permanent relocation of an underground structure or other subsurface installations is required and not otherwise provided for in the Contract Documents,the Engineer will direct Contractor in writing to perform the Work, which shall be paid for under the provisions for changes in the Contract Price as described in Section 00700—General Conditions of Agreement. Support in place and protect from direct or indirect injury to underground and surface structures located within or adjacent to the limits of the Work. Install such supports carefully and as required by the party owning or controlling such structure. Before installing structure supports,Contractor shall satisfy the Engineer that the methods and procedures to be used have been approved by the owner of the structure. Avoid moving or in any way changing the property of public utilities or private service corporations without prior written consent of a responsible official of that service or public utility. Representatives of these utilities reserve the right to enter within the limits of this project for the purpose of maintaining their properties,or of making such changes or repairs to their property that may be considered necessary by performance of this Contract. Notify the owners and/or operators of utilities and pipelines of the nature of construction operations to be performed and the date or dates on which those operations will be performed. When construction operations are required in the immediate vicinity of existing structures,pipelines,or utilities,give a minimum of five (5)working days advance notice. Probe and flag the location of underground utilities prior to commencement of excavation. Keep flags in place until construction operations reach and uncover the utility. Assume risks attending the presence or proximity of underground and surface structures within or adjacent to the limits to the Work including but not limited to damage and expense for direct or indirect injury caused by the Work to any structure. Immediately repair damage caused, to the satisfaction of the owner of the damaged structure. 1.14 PROTECTION OF THE WORK Provide protection of installed products to prevent damage from subsequent operations. Remove protection facilities when no longer needed,prior to completion of the Work. Control traffic to prevent damage to equipment,materials, and surfaces. 1.15 ROADS AND PARKING A Prevent interference with traffic and Owner operations on existing roads. B Minimize use of existing streets and driveways by construction traffic. C Control traffic to prevent damage to equipment,materials, and surfaces. 12-2-2011 01500-8of10 CITY OF PEARLAND TEMPORARY FACILITIES.AND CONTROLS D Construct and maintain temporary detours, ramps, and roads to provide for normal public traffic flow when use of public roads or streets is closed by necessities of the Work. E Provide mats or other means to prevent overloading or damage to existing roadways from tracked equipment or exceptionally large or heavy trucks or equipment F Designate temporary parking areas to accommodate construction personnel. When site space is not adequate, provide additional off-site parking.'.Locate as approved by Engineer. G Do not allow heavy vehicles or construction equipment unnecessarily in existing parking areas. 1.16 ENVIRONMENTAL CONTROLS - - A Provide and maintain methods, equipment, and temporary construction as necessary for controls over environmental conditions at the construction site and adjacent areas. B Comply with statutes,regulations,and ordinances which relate to the proposed Work for the prevention of environmental pollution and preservation of natural resources, including but not limited to the National Environmental Policy Act of 1969, PL 91- 190, Executive Order 11514. C Provide, install and maintain storm water runoff control including but not limited to temporary entrance, silt fencing, etc. as specified in Contract Documents. D Recognize and adhere to the environmental requirements of the Project. Disturbed areas shall be strictly limited to boundaries established by the Contract Documents. Burning of rubbish, debri's or waste materials is not permitted. 1.17 POLLUTION CONTROL ' A Provide methods,means,and facilities required to prevent contamination of soil,water or atmosphere by discharge of noxious substances from construction operations. B Provide equipment and personnel to perform emergency measures required to contain any spillage,and to remove contaminated soils or liquids. Excavate and dispose of any contaminated earth off-site, and replace with suitable compacted fill and topsoil. C Take special measures to prevent harmful substances from entering receiving streams or storm water conveyance systems-in conformance with TPDES requirements and Section 01566—Source Controls for Erosion& Sedimentation. D Provide systems for control of atmospheric pollutants. Prevent toxic concentrations of chemicals. Prevent harmful dispersal of pollutants into the atmosphere. 12-2-2011 01500-9 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS E Use equipment during construction that conforms to current federal, state, and local t-- laws and regulations. 1.18 PEST AND RODENT CONTROL A Provide rodent and pest control as necessary to prevent infestation of Project Site. B Employ methods and use materials which will not adversely affect conditions at the Project Site or adjoining properties. 1.19 NOISE CONTROL A Provide vehicles, equipment, and construction activities that minimize noise to the greatest degree practicable. Noise levels shall conform to OSHA Standards- 29 CFR and in no case will noise levels be permitted which create a nuisance in the surrounding neighborhoods. B Conduct construction operations during daylight hours from 7:30 a.m. to 6:00 p.m. except as approved by Engineer. C Comply with Chapter 19 NOISE, Codes of Ordinances, City of Pearland, Texas. 1.20 DUST CONTROL A Control objectionable dust caused by operation of vehicles and equipment under the provisions of Section 01566—Source Controls for Erosion& Sedimentation. 1.21 WATER RUNOFF AND EROSION,CONTROL A Provide methods to control surface water,runoff,subsurface water,and water pumped from excavations and structures to prevent damage to the Work, the Project Site, or adjoining properties in accordance with Section 01564—Control of Ground Water& Surface Water and Section 01566—Source Controls for Erosion& Sedimentation. B Inspect earthwork periodically to detect any evidence of the start of erosion. Apply corrective measures as required to control erosion. 2.0 PRODUCTS - NotUsed . 3.0 EXECUTION - NotUsed END OF SECTION 12-2-2011 01500- 10of10 CITY OF PEARLAND MOBILIZATION Section 01505 Calb* MOBILIZATION 1.0 GENERAL 1.01 SECTION INCLUDES A Mobilization of construction equipment and facilities onto the Work. B Referenced Standards: 1. Texas Department of Transportation(TxDOT) 2. Texas Manual on Uniform Traffic Control Devices (Texas MUTCD) 1.02 MEASUREMENT AND PAYMENT A. Payment for Mobilization is on a Lump Sum basis and shall not exceed three percent(3%) of the total bid price. B. Payment for 50%of the Mobilization lump sum bid item may be included in the first monthly Application for Payment. Payment is subject to the receipt and approval by Engineer of the following items, as applicable: 1. Schedule of Values (Section 01350—Submittals) 2. Trench Safety Program(Section 01570—Trench Safety System) 3. Construction Schedule(Section 01350—Submittals) 4. Pre-construction Photographs (Section 01380—Construction Photographs) 5. Installation and acceptance of Project Identification Sign(s) (Section 01580—Project Identification Signs) 6. Installation and acceptance of Field Office(Section 01500—Temporary Facilities and Controls) 7. Installation and acceptance of TPDES requirements(Section 01565 - TPDES Requirements) C. Payment for 25%of the Mobilization lump sum bid item may be included in the second monthly Application for Payment. Payment is subject to the receipt and approval by Engineer of the following items, as applicable: 1. Installation of High Speed Internet Access (Section 01500-Temporary Facilities and Controls) 2. Laptop Computer(Section 00800—Special Conditions of Agreement) D. Payment for 15%of the Mobilization lump sum bid item may be included in the third monthly Application for Payment. E. Payment for the remaining 10%of the Mobilization lump sum bid item may be included in the fourth monthly Application for Payment. (1111111 09/2012 01505- 1 of 2. CITY OF PEARLAND MOBILIZATION G. Mobilization payments will be subject to Retainage as stipulated in Section 00700 General Conditions of Agreement. 2.0 PRODUCTS 2.01 PROJECT IDENTIFICATION SIGNS A. Provide specified number of project identification sign(s)per Section 01580. The name, address and contact information of the general contractor for the project shall be shown on the sign per Section 01580 and the attached exhibit. 3.0 EXECUTION 3.01 PLACEMENT OF PROJECT IDENTIFICATION SIGNS A. Place a Project Identification Sign as described in Section 01580,part 1.03,D visible to passing traffic or as directed by Engineer. END OF SECTION 09/2012 01505- I of/ CITY OF PEARLAND MATERIAL AND EQUIPMENT Ce.".`1 Section 01600 MATERIAL AND EQUIPMENT 1.0 GENERAL 1.01 SECTION INCLUDES A Requirements for transportation, delivery, handling, and storage of materials and equipment. B References to Technical Specifications: 1. Section 01566—Source Controls for Erosion& Sedimentation 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this work is a component. 1.03 PRODUCTS A Products: Means material,equipment,or systems forming the Work. Does not include machinery and equipment used for preparation,fabrication,conveying and erection of the Work. Products may also include existing materials or components designated for reuse. B -Do not reuse materials and equipment,designated to be removed,except as specified by the Contract Documents. C Provide equipment and components from the fewest number of manufacturers as is practical, in order to simplify spare parts inventory and to allow for maximum interchangeability of components.-For multiple components of the same size,type or application,use the same make and model of component throughout the Work. 1.04 TRANSPORTATION A Make arrangements for transportation, delivery, and handling of equipment and materials required for timely completion of the Work. B Transport and handle products in accordance with instructions. C Consign and address shipping documents to the proper party giving name of Project, street number,and City. Shipments shall be delivered to the Contractor. 1.05 DELIVERY A Arrange deliveries of products to accommodate the Construction Schedule and in ample time to facilitate inspection prior to installation: Avoid deliveries that cause lengthy storage or overburden of limited storage space. 07/2006 01600-1 of 3 CITY OF PEARLAND MATERIAL AND EQUIPMENT B Coordinate deliveries to avoid conflict with Work and conditions at the Project Site and to accommodate the following: 1. Work of other contractors or the Owner. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. Owner's use of premises. C Have products delivered to the Project Site in manufacturer's original, unopened, labeled containers. D Immediately upon delivery, inspect shipment to assure: 1. Product complies with requirements of Contract Documents. 2. Quantities are correct. 3. Containers and packages are intact; labels are legible. 4. Products are properly protected and undamaged. 1.06 PRODUCT HANDLING A Coordinate the off-loading of materials and equipment delivered to the Project Site. If necessary to move stored materials and equipment during construction, Contractor shall relocate materials and equipment at no additional cost to the Owner. B Provide equipment and personnel necessary to handle products, including those provided by the Owner,by methods to prevent damage to products or packaging. C Provide additional protection during handling as necessary to prevent breaking scraping,marring,or otherwise damaging products or surrounding areas. D Handle products by methods to prevent over bending or overstressing. E Lift heavy components only at designated lifting points. F Handle materials and equipment in accordance with Manufacturer's recommendations. G Do not drop, roll, or skid products off delivery vehicles. Hand carry or use suitable materials handling equipment. 1.07 STORAGE OF MATERIAL A Store and protect materials in accordance with manufacturer's recommendations and requirements of these Technical Specifications. Control storage of potential water pollutants in conformance with Section 01566 — Source Controls for Erosion & Sedimentation. B Make necessary provisions for safe storage of materials and equipment. Place loose soil materials,and materials to be incorporated into the Work to prevent damage to any part of the Work or existing facilities and to maintain free access at all times to all parts of the Work and to utility service company installations in the vicinity of the Work. 07/2006 01600-2 of 3 CITY OF PEARLAND MATERIAL AND EQUIPMENT C Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors, public travel, adjoining owners, tenants, and occupants. Arrange storage in a manner to provide easy access for inspection. D Provide adequately.ventilated, watertight storage facilities with floor above ground level for materials and equipment susceptible to weather damage. E Restrict storage to areas available on the construction site for storage of material and equipment as shown on Plans or approved by the Project Manager. F Provide off-site storage and protection when on-site storage is not adequate. G Do not use lawns, grass plots, or other private property for storage purposes without written permission of the owner or other person in possession or control of such premises. Damage to lawns,sidewalks,streets or other improvements shall be repaired or replaced to the satisfaction of the Project Manager. H Protect stored materials and equipment against loss or damage. I Store materials in manufacturers'unopened containers. J Materials delivered and stored along the line of the Work shall be not closer than 3 feet to any fire hydrant. Public and private drives and street crossings shall be kept open. K The total length which materials may be distributed along the route of construction at any one time is 1000 lineal feet,unless otherwise approved in writing by the Project Manager. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01600-3 of 3 �'�"�' CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS \ Section 01630 PRODUCT OPTIONS AND SUBSTITUTIONS 1.0 GENERAL 1.01 SECTION INCLUDES A Options for making product or process selections. B Procedures for proposing equivalent construction products or processes,including pre- approved, and approved products or processes C References to Technical Specifications: 1. Section 01350—Submittals 1.02 SUBMITTALS A Make Submittals required by this and related Sections under the provisions of Section 01350—Submittals. 1.03 DEFINITIONS (1.1k.\ A Product: Means,materials,equipment,or systems incorporated into the Work.Product does not include machinery and equipment used for production,fabrication,conveying, and erection of the Work. Products may also include existing materials or components designated for re-use. B Process: Any proprietary system or method for installing system components resulting in an integral, functioning part of the Work. For this Section, the word Product includes Processes. 1.04 SELECTION OPTIONS A Pre-approved Products: Products of certain manufacturers or suppliers are designated in the Technical Specifications as"pre-approved". Products of other manufacturers or suppliers will not be acceptable under this Contract and will not be considered under the submittal process for approving alternate products. B Approved Products: Products of certain manufacturers or suppliers designated in the Technical Specifications followed by the words "or approved equal". Approval of alternate products not listed in the Technical Specifications maybe obtained through provisions of this Section and Section 01350—Submittals. The procedure for approval of alternate products is not applicable to Pre-approved Products. C Product Compatibility: To the maximum extent possible,provide products that are of the same type or function from a single manufacturer,make,or source. Where more than one choice is available as a Contractor's option, select a product which is �., compatible with other products already selected, specified, or in use by the Owner. Revised 10/2012/Facilities 01630- 1 of 3 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS 1.05 CONTRACTOR'S RESPONSIBILITY A Furnish information the Architect deems necessary to judge equivalency of the alternate product. B Pay for laboratory testing as well as any other review or examination cost needed to establish the equivalency between products which enables the Architect to make such a judgment. C If the Architect determines that an alternate product is not equivalent to that named in the Technical Specifications,the Contractor shall furnish one of the specified products. 1.06 ARCHITECT'S REVIEW A Alternate products may be used only if approved in writing by the Architect. The Architect's determination regarding acceptance of a proposed alternate product is final. B Alternate products will be accepted if the product is judged by the Architect to be equivalent to the specified product or to offer substantial benefit to the Owner. C The Owner retains the right to accept any product deemed advantageous to the Owner, and similarly,to reject any product deemed not beneficial to the Owner. 1.07 SUBSTITUTION PROCEDURE A Collect and assemble technical information applicable to the proposed product to aid in determining equivalency as related to the Approved Product specified. B Submit a written request for a product to be considered as an alternate product along with the product information within fourteen(14)days after the Effective Date of the Agreement. C After the submittal period has expired, requests for alternate products will be considered only when a specified product becomes unavailable because of conditions beyond the Contractor's control. D Submit 5 copies of each request for alternate product approval. Include the following information: 1. Complete data substantiating compliance of proposed substitution with Contract Documents. 2. For products: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature with product description, performance and test data, and reference standards. c. Samples, as applicable. d. Name and address of similar projects on which product was used and date of installation. Include the name of the Owner, Architect, and installing contractor. Revised 10/2012/Facilities 01630-2 of 3 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS 3. For construction methods: a. Detailed description of proposed method. b. Shop Drawings illustrating methods. 4. Itemized comparison of proposed substitution with product or method specified. 5. Data relating to changes in Construction Schedule 6. Relationship to separate contracts, if any. 7. Accurate cost data on proposed substitution in comparison with product or method specified. 8. Other information requested by the Architect. E Approved alternate products will be subject to the same review process as the specified product would have been for Shop Drawings, Product Data, and Samples. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION Revised 10/2012/Facilities 01630-3 of 3 CITY OF PEARLAND CUTTING AND PATCHING Section 01730 CUTTING AND PATCHING 1.0 GENERAL 1.01 SECTION INCLUDES A Cutting, patching and fitting of Work to existing facilities, or to accommodate installation or connection of Work with existing facilities, or to uncover Work for access; inspection or testing. B References to Technical Specifications: 1. Section 01350—Submittals 2. Section 01630—Product Options& Substitutions 1.02 MEASURMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS csilh\ A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit written notice to the Architect requesting consent to proceed prior to cutting which may affect structural integrity or design function,Owner operations,or work of another contractor. C Include the following in submittal: 1. Identification of Project. 2. Description of affected Work. 3. Necessity for cutting. 4. Effect on other work and on structural integrity. 5. Include description of proposed Work: a. Scope of cutting and patching. b. Contractor, subcontractor or trade to execute Work. c. Products proposed to be used. d. Extent of refinishing. e. Schedule of operations. 6. Alternatives to cutting and patching, if any. D Should conditions of Work or schedule indicate change of materials or methods, submit a written recommendation to the Architect including: 1. Conditions indicating change. 2. Recommendations for alternative materials or methods. Cobk, 3. Submittals as required for substitutions in Section 01630—Product Options & Substitutions. Revised 10/2012/Facilities 01730- 1 of 3 CITY OF PEARLAND CUTTING AND PATCHING E Submit written notice to the Architect designating time Work will be uncovered for observation. Do not begin cutting or patching operations until authorized by the Architect. 1.04 CONNECTIONS TO EXISTING FACILITIES A Perform construction necessary to complete connections and tie-ins to existing facilities. Keep all existing facilities in continuous operation unless otherwise specifically permitted in these Technical Specifications or approved by the Architect. B Coordinate with the Architect, interruption of service requiring connection into existing facilities. Bypassing of wastewater or sludge to waterways is not permitted. Provide temporary pumping facilities to handle wastewater if necessary. Use temporary bulkheads (e.g., inflatable plugs) to minimize disruption. Provide temporary power supply and piping to facilitate construction where necessary. C Submit a detailed schedule of proposed connections,including shut-downs and tie-ins. Include in the submittal the proposed time and date as well as the anticipated duration of the Work. Submit the detailed schedule coordinated with the construction schedule. 1. Provide specific time and date information to the Architect 48 hours in advance of proposed Work. D Procedures and Operations: 1. The Contractor may operate existing pumps, valves and gates required for "Th sequencing procedures only as directed by the Architect. Do not operate any valve, gate or other item of equipment without permission of the Owner and the knowledge of the Architect. 2. Insofar as possible,equipment shall be tested and in operating condition before final tie-ins are made to connect equipment to the.existing facility. 3. Carefully coordinate Work and schedules. Provide written notice to the Architect at least 48 hours before shut-downs or by-passes are required. 2.0 PRODUCTS - Not Used. 3.0 EXECUTION A Perform activities to avoid interference with facility operations and the Work of others in accordance with Section 00700—General Conditions of the Agreement. B Execute cutting and patching, including excavation,backfill, and fitting to: 1. Remove and replace defective Work or Work not conforming to the Plans and Technical Specifications. 2. Take samples of installed Work as required for testing. 3. Remove construction required to provide for specified alteration or addition to existing Work. 4. Uncover Work to provide for inspection or reinspection of covered Work by the Architect or regulatory agencies having jurisdiction. --° 5. Connect any. Work that was not accomplished in the proper sequence to completed Work. Revised 10/2012/Facilities 01730-2 of 3 CITY OF PEARLAND CUTTING AND PATCHING 6. Remove or relocate existing utilities and pipes which obstruct Work to which connections must be made. 7. Make connections or alterations to existing or new facilities. 8. Provide openings,channels, chases and flues,if any,and do cutting,patching and finishing. C Restore existing Work to a state equal to or better than that prior to cutting and patching. Restore new Work to standards of these Technical Specifications. D Support,anchor,attach,match,trim and seal materials to the Work of others. Unless otherwise specified, furnish and install sleeves, inserts, hangers, required for the execution of the Work. E Provide shoring, bracing and support as required to maintain structural integrity and protect adjacent Work from damage during cutting and patching. Before cutting beams or other structural members, anchors, lintels or other supports, request written instructions from the Architect. Follow such instructions, as applicable. END OF SECTION Revised 10/2012/Facilities 01730-3 of 3 (1.61\ CITY OF PEARLAND PROJECT RECORD DOCUMENTS Section 01760 PROJECT RECORD DOCUMENTS 1.0 GENERAL 1.01 SECTION INCLUDES A Maintenance and Submittal of Record Documents and Samples. B References to Technical Specifications: 1. Section 01350—Submittals 2. Section 01770—Contract Closeout 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this and related Sections under the provisions of Section 01350—Submittals. 1.04 MAINTENANCE OF DOCUMENTS AND SAMPLES A Maintain one copy of Record Documents at the Project Site in accordance with Section 00700—General Conditions of Agreement, 3.02 "Keeping Plans and Specifications Accessible". B Store Record Documents and Samples in field office if a field office is required by Contract Documents, or in a secure location. Provide files,racks,and secure storage for Record Documents and Samples. C Label each document"PROJECT RECORD" in neat, large,printed letters. D Maintain Record Documents in a clean,dry,and legible condition. Do not use Record Documents for construction purposes. E Keep Record Documents and Samples available for inspection by Architect. 1.05 RECORDING A Record information concurrently with construction progress. Do not conceal any work until required information is recorded. B Plans, Change Orders, and Shop Drawings: Legibly mark each item to record all (1161.\ actual construction, or"as built"conditions, including: 1. Measured horizontal locations and elevations of underground utilities and appurtenances,referenced to permanent surface improvements. Revised 10/2012/Facilities 01760- 1 of 2 CITY OF PEARLAND PROJECT RECORD DOCUMENTS 2. Elevations of underground utilities referenced to bench marks utilized for the Work. 3. Field changes of dimension and detail. 4. Changes made by modifications. 5. Details not on original Plans. 6. References to related Shop Drawings and Modifications. C Record information with a red pen or pencil on a set of blue line opaque drawings, provided by Architect. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION A Deliver Record Documents and Samples to Owner in accordance with Section 01770— Contract Closeout. END OF SECTION Revised 10/2012/Facilities 01760-2 of 2 `` CITY OF PEARLAND CONTRACT CLOSEOUT Section 01770 CONTRACT CLOSEOUT 1.0 GENERAL 1.01 SECTION INCLUDES A Closeout procedures including final submittals such as operation and maintenance data,warranties, and spare parts and maintenance materials. B References to Technical Specifications: 1. Section 01350—Submittals 2. Section 01760—Project..Record Documents 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 CLOSEOUT PROCEDURES A Comply with Section 00700 — General Conditions of Agreement regarding Final (11"\, Completion and Final Payment when Work is complete and ready for Architect's final inspection. B Provide Record Documents under provisions of Section 01760 — Project Record Documents. C Complete or correct items on punch list,with no new items added. Any new items will be addressed during warranty period. D The Owner will occupy portions of the Work as specified in Section 00700—General Conditions of Agreement. E Contractor shall request Final Inspection at least two weeks prior to Final Acceptance. 1.04 FINAL CLEANING A Execute final cleaning prior to final inspection. B Clean debris from drainage systems. C Clean Project Site including paved areas, and landscaped surfaces. D Remove waste and surplus materials, rubbish, and temporary construction facilities from the Project Site following the final test of utilities and completion of the Work. 1.05 OPERATION AND MAINTENANCE DATA 07/2006 01770- 1 of 2 CITY OF PEARLAND CONTRACT CLOSEOUT A Submit Operations and Maintenance data under provisions of Section 01350 — Submittals. 1.06 WARRANTIES A Provide one original of each warranty from Subcontractors, Suppliers, and Manufacturers. B Provide Table of Contents and assemble warranties in 3-ring/D binder with durable plastic cover. C Submit warranties prior to Final Application for Payment. D Warranties shall commence in accordance with the requirements of Section 00700— General Conditions of Agreement, 1.09"Substantially Completed". 2.0 PRODUCTS - Not Used A EXECUTION Contractor shall diligently pursue completion of the items and activities contained in the Contract Close Out and Project Record Document sections of the project manual. Notwithstanding any performance of warranty work,the work of Contract Closeout shall be complete within thirty (30) days of the date of Final Completion and Acceptance of the work. END OF SECTION 07/2006 01770-2 of 2 CITY OF PEARLAND METAL FABRICATIONS WESTSIDE LIBRARY 05500 - 1 (111 , STORE FRONT WAG PROJECT NO. 12188 SECTION 05500 METAL FABRICATIONS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes furnishing and installing: 1. Miscellaneous framing and supports for the following: a. Suspended toilet partitions. 1.3 RELATED WORK A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.4 REFERENCES A. Comply with the provisions of the following codes, standards and specifications, except as otherwise shown and specified. 1. AISC: Follow AISC "Specifications for the Design, Fabrication and Erection of Structural Steel for Buildings", including "Commentary of the AISC Specifications". 2. AISI: Follow AISI "Specifications for the Design of Cold-Formed Steel Structural Members". 3. ASTM: Follow ASTM A 6 "General Requirements for Delivery of Rolled Steel Plates, Shapes, Sheet Piling and Bars for Structural Use". 4. AWS: Qualify welding processes and welding operators in accordance with AWS D1.1 "Structural Welding Code - Steel". Certify that each welder has satisfactorily passed AWS qualification tests for welding processes involved and, if pertinent, has undergone recertification. 1.5 DESIGN/PERFORMANCE REQUIREMENTS A. Design, engineer, fabricate and install the following metal fabrications to withstand the following structural loads without exceeding the allowable design working stress of the materials involved, including anchors and connections. Apply each load to produce the maximum stress in each respective component of each metal fabrication. Arrange fpr design work with someone who is experienced in providing engineering services of the kind indicated and that have resulted in successful installation of metal fabrications similar in material, design, and extent to those required for Project CITY OF PEARLAND METAL FABRICATIONS WESTSIDE LIBRARY 05500 -2 STORE FRONT WAG PROJECT NO. 12188 1. Prefabricated Metal Framing and Braces For Ceiling Mounted Equipment: Capable of supporting a minimum 200 lbf (90.7 kg-f) at each connection, unless heavier loads are indicated or required to be supported. Limit deflection in support framing to L/240 or 1/4-inch (6-mm), whichever is less. Provide direct connection to structural supports or provide drilled in expansion anchor attachment devices sized for not less than 5x design loads involved as determined by testing (ASTM E 488) conducted by a qualified independent testing agency. Indicate load at each connection and drilled in anchor for structural engineers review. B. Fabrication Workmanship: Provide the following classes of workmanship for miscellaneous metal fabrication items indicated or required. 1. Class 3 Workmanship: Items that are concealed from view in the completed Work. a. Exposed Surfaces: Mill finish with surface preparation for galvanizing or priming. b. Welds: Grinding not required. c. Bolts: Exposed bolts permitted. 1.6 SUBMITTALS A. Submit manufacturer's product data for each type of manufactured product and accessory required. B. Submit shop drawings detailing the fabrication and erection of each metal fabrication indicated. 1. Include plans, elevations, sections, and_ details of metal fabrications and their connections. 2. Show anchorage and accessory items. 3. Provide templates for anchors and anchor bolts specified for installation as part of the work of other Sections. PART 2 - PRODUCTS 2.1 MATERIALS A. Metal Surfaces, General: For metal fabrications exposed to view upon completion of the Work, provide materials selected for their surface flatness, smoothness, and freedom from surface blemishes. Do not use materials whose exposed surfaces exhibit pitting, seam marks, roller marks, rolled trade names, roughness, and, for steel sheet, variations in flatness exceeding those permitted by reference standards for stretcher- leveled sheet. B. Ferrous Metals: 1. Steel Plates, Shapes, and Bars: ASTM A 36. 2. Steel Bars for Gratings: ASTM A 569 or ASTM A 36. 3. Rolled Steel Floor Plates: ASTM A789, medium pattern. 4. Cold-Formed Steel Tubing: ASTM A 500, Grade B. 5. Welding Rod and Bar Electrodes: Select in accordance with AWS Specifications for the metal alloy to be welded. CITY OF PEARLAND METAL FABRICATIONS WESTSIDE LIBRARY 05500 - 3 STORE FRONT WAG PROJECT NO. 12188 2.2 ACCESSORY ITEMS A. Fasteners, General: Provide zinc-coated fasteners for exterior use and where exposed to moisture. Select fasteners for the type, grade and class required for the installation of miscellaneous metal items. 1. Bolts and Nuts: Regular hexagon head, ASTM A 307, Grade A. 2. Lag Bolts: Square head type, FS FF-B-561. 3. Machine Screws: Cadmium plate steel, FS FF-S-92. 4. Plain Washers: Round carbon steel, FS FF-W-92. 5. Lock Washers: Helical spring type carbon steel, FS FF-W-84. 6. Drilled-in Sleeve Type Expansion Anchors: FS FF-S-325, Group II, Type 3 externally threaded stud with full-length expanding sleeve; Hilti sleeve anchor, or equivalent by Powers or Simpson. 7. Drilled-in Wedge-Type Expansion Anchors: FS FF-S-325, Group II, Type 4 externally threaded stud with single-piece wedge; Hilti Kwik Bolt II, or equivalent by Powers or Simpson. B. Shop Primer for Ferrous Metal: Fabricator's standard; fast-curing, lead and chromate free, VOC compliant, corrosion resistant primer compatible with finish paint systems indicated. 2.3 FABRICATION,(114"'l A. Form metal fabrications from materials of size, thickness, and shapes indicated but not less than that needed to comply with performance requirements indicated. Work to dimensions indicated or accepted on shop drawings, using proven details of fabrication and support. Use type of materials indicated or specified for various components of each metal fabrication. B. Form exposed connections with hairline joints, flush and smooth, using concealed fasteners wherever possible. Use exposed fasteners of type indicated or if not indicated, use flat head countersunk Phillips screws or bolts. Locate joints where least conspicuous. Form bent-metal corners to the smallest radius possible without causing grain separation or otherwise impairing the work. C. Weld corners and seams continuously and in accordance with the recommendations of AWS. Use materials and methods that minimize distortion and develop strength and corrosion resistance of base metals. At exposed connections, finish exposed welds and surfaces smooth and blend so that no roughness shows after finishing and contour at welded surfaces match adjacent surfaces. D. Fabricate and space anchoring devices to provide adequate support for the intended use. Coordinate with supporting structure. E. Preassemble items in the shop to the greatest extent possible to minimize field splicing and assembly. Disassemble units only as necessary for shipping and handling limitations. Use connections that maintain the structural value of the joined pieces. Clearly mark units for reassembly and coordinated installation. F. Cut, reinforce, drill and tap miscellaneous metal work as indicated to receive finish hardware, screws, and similar items. CITY OF PEARLAND METAL FABRICATIONS WESTSIDE LIBRARY 05500 -4 STORE FRONT WAG PROJECT NO. 12188 G. Fabricate joints that will be exposed to weather in a manner to exclude water, or provide weep holes where water may accumulate. 2.4 ROUGH HARDWARE A. Furnish custom fabricated bolts, plates, anchors, hangers, dowels, and other miscellaneous steel and iron shapes in the sizes, shapes and dimensions required for framing and supporting and anchoring rough carpentry. Hot-dip galvanize where exposed to atmosphere or embedded into concrete. Furnish malleable iron washers for bolt heads,and nuts that bear on wood connections; elsewhere furnish steel washers. 2.5 MISCELLANEOUS FRAMING AND SUPPORTS A. Provide steel framing and supports for applications indicated or that are not part of the structural steel framework, as required to complete work. 1. Fabricate units to sizes, shapes and profiles indicated and required to receive adjacent other construction retained by framing and supports. 2. Fabricate from structural steel plates, shapes and bars of welded construction, using mitered joints for field connection. 3. Cut, drill and tap units to receive hardware, hangers and similar items. 4. Equip units with integrally welded 1-1/4" (31 mm) x 1/4" (31 mm) x 8" (200 mm) anchors for casting into concrete and building into masonry. 5. Furnish inserts if units must be installed after concrete is placed. PART 3 - EXECUTION 3.1 FASTENING TO IN-PLACE CONSTRUCTION A. Provide anchorage devices and fasteners for securing miscellaneous metal items to in- place construction; include threaded fasteners for concrete inserts, toggle bolts, through-bolts, lag bolts, wood screws and other connectors. 3.2 CUTTING, FITTING, AND PLACEMENT A. Perform cutting, drilling, and fitting required for the installation of the miscellaneous metal items. B. Set the work accurately in location, alignment and elevation; with edges and surfaces plumb, level, true and free of rack; and measured from established lines and levels. 3.3 FIELD WELDING A. Comply with AWS Code for procedures of manual shielded metal-arc welding, appearance and quality of welds made, methods used in correcting welding work. B. Use materials and methods that minimize distortion and develop strength and corrosion resistance of base metals. C. Obtain fusion without undercut or overlap. Remove welding flux immediately. At exposed connections, finish exposed welds and surfaces smooth and blended so that no roughness shows after finishing and contour of welded surface matches those adjacent. CITY OF PEARLAND METAL FABRICATIONS WESTSIDE LIBRARY 05500 - 5 STORE FRONT WAG PROJECT NO. 12188 3.4 TOUCH-UP-PAINTING A. Cleaning and touch-up painting of field welds in other than hot-dip galvanized items, bolted connections, and abraded areas of the shop paint on miscellaneous metal is specified in Section 09900. END OF SECTION CITY OF PEARLAND INTERIOR ARCHITECTURAL WOODWORK WESTSIDE LIBRARY 06402- 1 (11116\ STORE FRONT WAG PROJECT NO. 12188 SECTION 06402 INTERIOR ARCHITECTURAL WOODWORK PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 GENERAL DESCRIPTION OF THE WORK OF THIS SECTION A. This Section includes the following: 1. Plastic-laminate clad cabinets, and countertops. 1.3 RELATED WORK OF OTHER SECTIONS: - A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.4 DEFINITIONS (411b\I A. Interior architectural woodwork includes wood furring, blocking, shims, and hanging strips for installing woodwork items, unless concealed within other construction before woodwork installation. 1.5 SUBMITTALS A. Product Data: For each type of product indicated, including cabinet hardware and accessories, handrail.brackets. B. Product Data: For plywood, high-pressure decorative laminate, adhesive for bonding plastic laminate, thermoset decorative overlay, cabinet hardware and accessories. C. Shop Drawings: Show location of each item, dimensioned plans and elevations, large-scale details, attachment devices, and other components. 1. Show details half size. 2. Show locations and sizes of furring, blocking, and hanging strips, including concealed blocking and reinforcement specified in other Sections. D. Samples for Initial Selection: Manufacturer's color charts consisting of units or sections of units showing the full range of colors,textures, and patterns available for each type of material indicated. 1. Plastic laminates. 2. Thermoset decorative overlays. E. Samples for Verification: For the following: 1. Plastic-laminate-clad panel products, 8 by 10 inches (200 by 250 mm), for each type, color, pattern, and surface finish,with separate samples of unfaced panel product used for core. 2. Thermoset decorative-overlay surfaced panel products, 8 by 10 inches (200 by 250 mm), for each type, color, pattern, and surface finish. 3. Exposed cabinet hardware and accessories, one unit for each type and finish. CITY OF PEARLAND INTERIOR ARCHITECTURAL WOODWORK WESTSIDE LIBRARY 06402 -2 STORE FRONT WAG PROJECT NO. 12188 F. Product Certificates: Signed by manufacturers of woodwork certifying that products furnished comply with requirements. 1.6 QUALITY ASSURANCE A. Quality Standard: Unless otherwise indicated, comply with AWI's "Architectural Woodwork Quality Standards" for grades of interior architectural woodwork, construction, finishes, and other requirements. 1. Provide AWI Quality Certification Program labels or compliance certificate indicating that woodwork complies with requirements of grades specified. 1.7 DELIVERY,STORAGE,AND HANDLING A. Do not deliver woodwork until painting and similar operations that could damage woodwork have been completed in installation areas. If woodwork must be stored in other than installation areas, store only in areas where environmental conditions comply with requirements specified in "Project Conditions" Article. 1.8 PROJECT CONDITIONS A. Environmental Limitations: Do not deliver or install woodwork until building is enclosed, wet work is complete, and HVAC system is operating and maintaining temperature and relative humidity at occupancy levels during the remainder of the construction period. B. Field Measurements: Where woodwork is indicated to fit to other construction, verify dimensions of other construction by field measurements before fabrication and indicate measurements on Shop Drawings. Coordinate fabrication schedule with construction progress to avoid delaying the Work. 1. Locate concealed framing, blocking, and reinforcements that support woodwork by field measurements before being enclosed and indicate measurements on Shop Drawings. 2. Established Dimensions: Where field measurements cannot be made without delaying the Work, establish dimensions and proceed with fabricating woodwork without field measurements. Provide allowance for trimming at site, and coordinate construction to ensure that actual dimensions correspond to established dimensions. 1.9 COORDINATION A. Coordinate sizes and locations of framing, blocking, furring, reinforcements, and other related units of Work specified in other Sections to ensure that interior architectural woodwork can be supported and installed as indicated. PART 2-PRODUCTS 2.1 MATERIALS A. General: Provide materials that comply with requirements of the AWI quality standard for each type of woodwork and quality grade specified, unless otherwise indicated. B. Thermoset Decorative Overlay: Particleboard complying with ANSI A208.1, Grade M-2, or medium- density fiberboard complying with ANSI A208.2, Grade MD,with surface of thermally fused, melamine- impregnated decorative paper complying with LMA SAT-1. C. High-Pressure Decorative Laminate: NEMA LD 3, grades as indicated, or if not indicated, as required • CITY OF PEARLAND INTERIOR ARCHITECTURAL WOODWORK WESTSIDE LIBRARY 06402-3 STORE FRONT WAG PROJECT NO. 12188 by woodwork quality standard. 1. Manufacturer: Subject to compliance with requirements, provide high-pressure decorative laminates by one of the following: a. Formica Corporation. b. Wilsonart International; Div. of Premark International, Inc. D. Adhesive for Bonding Plastic Laminate: Provide waterproof type as recommended by decorative laminate manufacturer. 1. Adhesive shall contain less than 250 volatile organic compounds(VOCs). 2.2 CABINET HARDWARE AND ACCESSORIES A. Hardware Standard: Comply with BHMA A156.9 for items indicated by referencing BHMA numbers or items referenced to this standard. B. Cabinet Hardware and Miscellaneous Item Schedule: 1. Pulls: 4 Inch Wire Aluminum, satin finish. 2. Cabinet Door and Drawer Locks: Comp X National Cabinet Lock No. C8053-14A-KA415A. 3. Hinges: Concealed 165 degree with automatic spring: Hafele, Duomatic. 4. Drawer Slides: Accuride Model 3832C/3834C at desk locations, or indicated. t` 1 5. Shelf Pins: Hafele #282.04.711 (behind cabinet door locations); Knape & Vogt Model No. 255 \ stndards and No.256 clips(at open cabinets) 6. Continuous Hinges: Stanley 472911, Stainless Steel. 7. Shelf Standards and Brackets:. Knape&Vogt#80 standards and#180 brackets C. For concealed hardware, provide manufacturer's standard finish that complies with product class requirements in BHMA A156.9. .. 2.3 INSTALLATION MATERIALS A. Furring, Blocking, Shims, and Hanging Strips: Softwood or hardwood lumber, kiln-dried to less than 15 percent moisture content. B. Anchors: Select material, type, size, and finish required for each substrate for secure anchorage. Provide nonferrous-metal or hot-dip galvanized anchors and inserts on inside face of exterior walls and elsewhere as required for corrosion resistance. Provide toothed-steel or lead expansion sleeves for drilled-in-place anchors. 2.4 FABRICATION,GENERAL A. Interior Woodwork Grade: Provide Custom grade interior woodwork complying with the referenced quality standard, unless otherwise indicated. B. Wood Moisture Content: Comply with requirements of referenced quality standard for wood moisture content in relation to ambient relative humidity during fabrication and in installation areas. (1116 C. Fabricate woodwork to dimensions, profiles, and details indicated. D. Complete fabrication, including assembly, finishing, and hardware application, to maximum extent possible, before shipment to Project site. ,Disassemble,components only as necessary for shipment and installation. Where necessary for fitting at site, provide ample allowance for scribing, trimming, CITY OF PEARLAND INTERIOR ARCHITECTURAL WOODWORK WESTSIDE LIBRARY 06402-4 STORE FRONT WAG PROJECT NO. 12188 and fitting. 1. Notify Architect seven days in advance of the dates and times woodwork fabrication will be complete. 2. Trial fit assemblies at fabrication shop that cannot be shipped completely assembled. Install dowels, screws, bolted connectors, and other fastening devices that can be removed after trial fitting. Verify that various parts fit as intended and check measurements of assemblies against field measurements indicated on Shop Drawings before disassembling for shipment. E. Shop cut openings, to maximum extent possible, to receive hardware, appliances, plumbing fixtures, electrical work, and similar items. Locate openings accurately and use templates or roughing-in diagrams to produce accurately sized and shaped openings. Sand edges of cutouts to remove splinters and burrs. 1. Seal edges of openings in countertops with a coat of varnish. 2.5 PLASTIC-LAMINATE CABINETS A. Quality Standard: Comply with AWI Section 400 requirements for laminate cabinets, unless otherwise indicated. B. Grade: Custom. C. AWI Type of Cabinet Construction: As indicated. D. Laminate Cladding for Exposed Surfaces: High-pressure decorative laminate complying with the following requirements: 1. Horizontal Surfaces Other Than Tops: HGS. 3. Vertical Surfaces: HGS. 4. Edges: HGS minimum thickness, matching laminate in color, pattern, and finish. E. Materials for Semiexposed Surfaces: Provide surface materials indicated below: 1. . Surfaces Other Than Drawer Bodies: Thermoset decorative overlay, equal to Melamine. 2. Drawer Sides and Backs: Solid-hardwood lumber. 3. Drawer Bottoms: Hardwood plywood. F. Colors, Patterns, and Finishes: Provide materials and products that result in colors and textures of exposed laminate surfaces complying with the following requirements: 1. Provide Architect's selections from laminate manufacturer's full range of colors and finishes in solid colors. 2.6 PLASTIC-LAMINATE COUNTERTOPS A. Quality Standard: Comply with AWI Section 400 requirements for high-pressure decorative laminate countertops, except as otherwise specified herein. B. Grade: Custom,with exterior grade plywood core. , C. High-Pressure Decorative Laminate Grade: HGS. D. Colors, Patterns, and Finishes: Provide materials and products that result in colors and textures of exposed laminate surfaces complying with the following requirements: • CITY OF PEARLAND INTERIOR ARCHITECTURAL WOODWORK WESTSIDE LIBRARY 06402-5 STORE FRONT WAG PROJECT NO. 12188 1. Provide Architect's selections from manufacturer's full range of colors and finishes in the following categories: a. Solid colors. E. Edge Treatment: Same as laminate cladding on horizontal surfaces. F. Core Material: Exterior-grade plywood. PART 3-EXECUTION 3.1 PREPARATION A. Condition woodwork to average prevailing humidity conditions in installation areas before installation. B. Before installing architectural woodwork, examine shop-fabricated work for completion and complete work as required, including removal of packing and backpriming. 3.2 INSTALLATION A. Quality Standard: Install woodwork to comply with AWI Section 1700 for the same grade specified in 2 or type of woodwork involved. B. InstallPart woodworkofthisSection levelf, plumb, true, and straight. Shim as required with concealed shims. Install level (1111\, and plumb(including tops)to a tolerance of 1/8 inch in 96 inches(3 mm in 2400 mm). C. Scribe and cut woodwork to fit adjoining work, and refinish cut surfaces and repair damaged finish at cuts. D. Anchor woodwork to anchors or blocking built in or directly attached to substrates. Secure with countersunk, concealed fasteners and blind nailing as required for complete installation. E. Cabinets: Install without distortion so doors and drawers fit openings properly and are accurately aligned. Adjust hardware to center doors and drawers in openings and to provide unencumbered operation. Complete installation of hardware and accessory items as indicated. 1. Install cabinets with no more than 1/8 inch in 96-inch (3 mm in 2400-mm) sag, bow, or other variation from a straight line. 2. Fasten wall cabinets through back, near top and bottom, at ends and not more than 16 inches (400 mm) o.c. with No. 10 wafer-head screws sized for 1-inch (25-mm) penetration into wood framing, blocking, or hanging strips or No. 10 wafer-head sheet metal screws through metal backing or metal framing behind wall finish or toggle bolts through metal backing or metal framing behind wall finish. F. Countertops: Anchor securely by screwing through corner blocks of base cabinets or other supports into underside of countertop. 1. Install countertops with no more than 1/8 inch in 96-inch (3 mm in 2400-mm) sag, bow, or other variation from a straight line. 3. Secure backsplashes to walls with adhesive. 4. Calk space between backsplash and wall with sealant specified in Division 7 Section "Joint Sealants." 3.3 ADJUSTING AND CLEANING CITY OF PEARLAND INTERIOR ARCHITECTURAL WOODWORK WESTSIDE LIBRARY 06402 -6 STORE FRONT WAG PROJECT NO. 12188 A. Repair damaged and defective woodwork, where possible, to eliminate functional and visual defects; where not possible to repair, replace woodwork. Adjust joinery for uniform appearance. B. Clean, lubricate, and adjust hardware. C. Clean woodwork on exposed andsemiexposed surfaces. END OF SECTION 7 CITY OF PEARLAND FIRESTOPPING WESTSIDE LIBRARY 07841 - 1 STORE FRONT WAG PROJECT NO. 12188 SECTION 07841 FIRESTOPPING PART 1 -GENERAL 1.1 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to work specified in this Section. 1.2 GENERAL DESCRIPTION OF THE WORK.OF THIS SECTION: A. Work includes furnishing and installing fire and smoke barrier penetration seals for openings in rated floors,walls, and other elements of construction. 1.3 RELATED WORK OF OTHER SECTIONS: A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.4 PERFORMANCE REQUIREMENTS A. General: For the following constructions, provide through-penetration firestop systems that are produced and installed to resist spread of fire according to requirements indicated, resist passage of smoke and other gases, and maintain original fire-resistance rating of assembly penetrated. 1. Fire-resistance-rated load-bearing walls, including partitions,with fire-protection-rated openings. 2. Fire-resistance-rated non-load-bearing walls, including partitions, with fire-protection-rated openings. 3. Fire-resistance-rated floor assemblies. B. F-Rated Systems: Provide through-penetration firestop systems with F-ratings indicated, as determined per ASTM E 814, but not less than that equaling or exceeding fire-resistance rating of constructions penetrated. C. T-Rated Systems: For the following conditions, provide through-penetration firestop systems with T- ratings indicated, as well as F-ratings, as determined per ASTM E 814, where systems protect penetrating items exposed to potential contact with adjacent materials in occupiable floor areas: 1. Penetrations located outside wall cavities. 2. Penetrations located outside fire-resistive shaft enclosures. 3. Penetrations located in construction containing fire-protection-rated openings. 4. Penetrating items larger than 4-inch-diameter nominal pipe or 16 sq. in. in overall cross-sectional area. D. For through-penetration firestop systems exposed to view, traffic, moisture, and physical damage, provide products that after curing do not deteriorate when exposed to these conditions both during and after construction. 1. For piping penetrations for plumbing and wet-pipe sprinkler systems, provide moisture-resistant through-penetration firestop systems. 2. For floor penetrations with annular spaces exceeding 4 inches in width and exposed to possible loading and traffic, provide firestop systems capable of supporting floor loads involved either by CITY OF PEARLAND FIRESTOPPING. WESTSIDE LIBRARY 07841 -2 STORE FRONT WAG PROJECT NO. 12188 '""l installing floor plates or by other means. 3. For penetrations involving insulated piping, provide through-penetration firestop systems not requiring removal of insulation. E. For through-penetration firestop systems exposed to view, provide products with flame-spread ratings of less than 25 and smoke-developed ratings of less than 450, as determined per ASTM E 84. 1.5 SUBMITTALS A. Product Data: For each type of through-penetration firestop system product indicated. B. Shop Drawings: For each through-penetration firestop system, show each kind of construction condition penetrated, relationships to adjoining construction, and kind of penetrating item. Include firestop design designation of testing and inspecting agency acceptable to authorities having jurisdiction that evidences compliance with requirements for each condition indicated. 1. Submit documentation, including illustrations, from a qualified testing and inspecting agency that is applicable to each through-penetration firestop system configuration for construction and penetrating items. 1.6 QUALITY ASSURANCE A. Installer Qualifications: An experienced installer who has completed through-penetration firestop systems similar in material, design, and extent to that indicated for this Project and whose work has resulted in construction with a record of successful in-service performance. B. Source Limitations: Obtain through-penetration firestop systems, for each kind of penetration and construction condition indicated,from a single manufacturer. C. Fire-Test-Response Characteristics: Provide through-penetration firestop systems that comply with the following requirements and those specified in"Performance Requirements"Article: 1. Firestopping tests are performed by a qualified testing and inspecting agency. A qualified testing and inspecting agency is an agency performing testing and follow-up inspection services for firestop systems acceptable to authorities having jurisdiction. 2. Through-penetration firestop systems are identical to those tested per ASTM E 814. Provide rated systems complying with the following requirements:. a. Through-penetration firestop systems correspond to those indicated by reference to through-penetration firestop system designations listed by the following: (1) UL in"Fire Resistance Directory." (2) ITS in"Directory of Listed Products." 1.7 DELIVERY,STORAGE,AND HANDLING A. Deliver through-penetration firestop system products to Project site in original, unopened containers or packages with intact and legible manufacturers' labels identifying product and manufacturer; date of manufacture; lot number; shelf life, if applicable; qualified testing and inspecting agency's classification marking applicable to Project; curing time; and mixing instructions for multicomponent materials. B. Store and handle materials for through-penetration firestop systems to prevent their deterioration or damage due to moisture,temperature changes, contaminants, or other causes. CITY OF PEARLAND FIRESTOPPING WESTSIDE LIBRARY 07841 -3 STORE FRONT WAG PROJECT NO. 12188 1.8 PROJECT CONDITIONS A. Environmental Limitations: Do not install through-penetration firestop systems when ambient or substrate temperatures are outside limits permitted by through-penetration firestop system manufacturers or when substrates are wet due to rain,frost, condensation, or other causes. B. Ventilate through-penetration firestop systems per manufacturer's written instructions by natural means or,where this is inadequate, forced-air circulation. 1.9 COORDINATION A. Coordinate construction of openings and penetrating items to ensure that through-penetration firestop systems are installed according to specified requirements. B. Coordinate sizing of sleeves, openings, core-drilled holes, or cut openings to accommodate through- penetration firestop systems. C. Notify Owner's inspecting agency at least seven days in advance of through-penetration firestop system installations; confirm dates and times on days preceding each series of installations. D. Do not cover up through-penetration firestop system installations that will become concealed behind other construction until Owner's inspecting agency and building inspector, if required by authorities having jurisdiction, have examined each installation. (411 PART 2-PRODUCTS 2.1 MANUFACTURERS A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. ND Fire Protection Systems Inc. 2. Hilti Construction Chemicals, Inc. 3. Isolatek International. 4. RectorSeal Corporation (The). 5. Specified Technologies Inc. 6. 3M Fire Protection Products. 2.2 FIRESTOPPING,GENERAL A. Compatibility: Provide through-penetration firestop systems that are compatible with one another,with the substrates forming openings, and with the items, if any, penetrating through-penetration firestop systems, under conditions of service and application, as demonstrated by through-penetration firestop system manufacturer based on testing and field experience. B. Accessories: Provide components for each through-penetration firestop system that are needed to install fill materials and to comply with "Performance Requirements" Article. Use only components specified by through-penetration firestop system manufacturer and approved by the qualified testing and inspecting agency for firestop systems indicated. \ 2.3 FILL MATERIALS A. General: Provide through-penetration firestop systems containing the types of fill materials indicated in the Through-Penetration Firestop System Schedule at the end of Part 3 by reference to the types of materials described in this Article. Fill materials are those referred to in directories of the referenced CITY OF PEARLAND FIRESTOPPING WESTSIDE LIBRARY 07841 -4 STORE FRONT WAG PROJECT NO. 12188 testing and inspecting agencies as fill,void, or cavity materials. B. Cast-in-Place Firestop Devices: Factory-assembled devices for use in cast-in-place concrete floors and consisting of an outer metallic sleeve lined with an intumescent strip, a radial extended flange attached to one end of the sleeve for fastening to concrete formwork, and a neoprene gasket. C. Latex Sealants: Single-component latex formulations that after cure do not re-emulsify during exposure to moisture. D. Firestop Devices: Factory-assembled collars formed from galvanized steel and lined with intumescent material sized to fit specific diameter of penetrant. E. Intumescent Composite Sheets: Rigid panels consisting of aluminum-foil-faced elastomeric sheet bonded to galvanized steel sheet. F. Intumescent Putties: Nonhardening dielectric,water-resistant putties containing no solvents, inorganic fibers, or silicone compounds. G. Intumescent Wrap Strips: Single-component intumescent elastomeric sheets with aluminum foil on one side. H. Mortars: Prepackaged, dry mixes consisting of a blend of inorganic binders, hydraulic cement, fillers, and lightweight aggregate formulated for mixing with water at Project site to form a nonshrinking, homogeneous mortar. r I. Pillows/Bags: Reusable, heat-expanding pillows/bags consisting of glass-fiber cloth cases filled with a combination of mineral-fiber,water-insoluble expansion agents and fire-retardant additives. J. Silicone Foams: Multicomponent, silicone-based liquid elastomers that,when mixed, expand and cure in place to produce a flexible, nonshrinking foam. K. Silicone Sealants: Moisture-curing, single-component, silicone-based, neutral-curing elastomeric sealants of grade indicated below: 1. Grade: Pourable (self-leveling) formulation for openings in floors and other horizontal surfaces and nonsag formulation for openings in vertical and other surfaces requiring a nonslumping, gunnable sealant, unless indicated firestop system limits use to nonsag grade for both opening conditions. 2. Grade for Horizontal Surfaces: Pourable (self-leveling) formulation for openings in floors and other horizontal surfaces. 3. Grade for Vertical Surfaces: Nonsag formulation for openings in vertical and other surfaces. 2.4 MIXING A. For those products requiring mixing before application, comply with through-penetration firestop system manufacturer's written instructions for accurate proportioning of materials, water(if required), type of mixing equipment, selection of mixer speeds, mixing containers, mixing time, and other items or procedures needed to produce products of uniform quality with optimum performance characteristics for application indicated. PART 3-EXECUTION 3.1 EXAMINATION CITY OF PEARLAND FIRESTOPPING WESTSIDE LIBRARY 07841 -5 STORE FRONT WAG PROJECT NO. 12188 A. Examine substrates and conditions, with Installer present, for compliance with requirements for opening configurations, penetrating items, substrates, and other conditions affecting performance. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Surface Cleaning: Clean out openings immediately before installing through-penetration firestop systems to comply with written recommendations of firestop system manufacturer and the following requirements: 1. Remove from surfaces of opening substrates and from penetrating items foreign materials that could interfere with adhesion of through-penetration firestop systems. 2. Clean opening substrates and penetrating items to produce clean, sound surfaces capable of developing optimum bond with through-penetration firestop systems. Remove loose particles remaining from cleaning operation. 3. Remove laitance and form-release agents from concrete. B. Priming: Prime substrates where recommended in writing by through-penetration-firestop system manufacturer using that manufacturer's recommended products and methods. Confine primers to areas of bond;.do not allow spillage and migration onto exposed surfaces. C. Masking Tape: Use masking tape to prevent through-penetration firestop systems from contacting Csib) adjoining surfaces that will remain exposed on completion of Work and that would otherwise be permanently stained or damaged by such contact or by cleaning methods used to remove smears from firestop system materials. Remove tape as soon as possible without disturbing firestop system's seal with substrates. 3.3 THROUGH-PENETRATION FIRESTOP SYSTEM INSTALLATION A. General: Install through-penetration firestop systems to comply with "Performance Requirements" Article and firestop system manufacturer's written installation instructions and published drawings for products and applications indicated. B. Install forming/damming/backing materials and other, accessories of types required to support fill materials during their application and in the position.:needed to produce cross-sectional shapes and depths required to achieve fire ratings indicated. 1. After installing fill materials, remove combustible forming materials and other accessories not indicated as permanent components of firestop systems. C. Install fill materials for firestop systems by proven techniques to produce the following results: 1. Fill voids and cavities formed by openings, forming materials, accessories, and penetrating items as required to achieve fire-resistance ratings indicated. 2. Apply materials so they contact and adhere"to substrates formed by openings and penetrating items. 3. For fill materials_ that will remain exposed after completing Work, finish to produce smooth, uniform surfaces that are flush with adjoining finishes. 3.4 FIELD QUALITY CONTROL A. Inspecting Agency: Owner will engage a qualified independent inspecting agency to inspect through- penetration firestop systems and to prepare test reports. CITY OF PEARLAND FIRESTOPPING WESTSIDE LIBRARY 07841 -6 STORE FRONT WAG PROJECT NO. 12188 1. Inspecting agency will state in each report whether inspected through-penetration firestop systems comply with or deviate from requirements. B. Proceed with enclosing through-penetration firestop systems with other construction only. after inspection reports are issued. C. Where deficiencies are found, repair or replace through-penetration firestop systems so they comply with requirements. 3.5 IDENTIFICATION A. Identify through-penetration firestop systems with pressure-sensitive, self-adhesive, preprinted vinyl labels. Attach labels permanently to surfaces of penetrated construction on both sides of each firestop system installation where labels will be visible to anyone seeking to remove penetrating items or firestop systems. Include the following information on labels: 1. The words: "Warning—Through-Penetration Firestop System--Do Not Disturb. Notify Building Management of Any Damage." 2. Contractor's name, address, and phone number. 3. Through-penetration firestop system designation of applicable testing and inspecting agency. 4. Date of installation. 5. Through-penetration firestop system manufacturer's name. 6. Installer's name. 3.6 CLEANING AND PROTECTION - A. Clean off excess fill materials adjacent to openings as Work progresses by methods and with cleaning materials that are approved in writing by through-penetration firestop system manufacturers and that do not damage materials in which openings occur. B. Provide final protection and maintain conditions during and after installation that ensure through- penetration firestop systems are without damage or deterioration at timeof Substantial Completion. If, despite such protection, damage or deterioration occurs, cut out and remove damaged or deteriorated through-penetration firestop systems immediately and install new materials to produce through- penetration firestop systems complying with specified requirements. END OF SECTION j CITY OF PEARLAND JOINT SEALANTS WESTSIDE LIBRARY 07900 - 1 STORE FRONT WAG PROJECT NO. 12188 SECTION 07900 JOINT.SEALANTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Summary: Section includes furnishing and installing joint sealants and back-up materials at locations indicated and required to comply with performance requirements. 1.3 RELATED WORK A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.4 PERFORMANCE REQUIREMENTS A. It is required that sealant work provide durable weathertight joint seals that are well cured, of uniform depth, tooled to provide good adhesion to sealant bond surfaces, and not to deteriorate in excess of limits published by sealant manufacturer. 1.5 SUBMITTALS A. Submit manufacturer's product data and details showing layout of recommended minimum and maximum joint width to depth relationships, and recommended primers for substrates and conditions indicated. Include material specifications showing compliance with requirements. 1.6 DELIVERY, STORAGE AND PROTECTION A. Deliver materials and store in manufacturer's original unopened containers. Store materials between 40-degrees F (4-degrees C) and 90-degrees F (32-degrees C). 1.7 PROJECT CONDITIONS A. Do not apply joint sealants, primers, and related materials to surfaces without first verifying compatibility required by the .Quality Assurance paragraph. Install sealants when air temperature and substrate temperature are over 40-degrees F (4-degrees C) and rising, but less than 100-degrees F (37-degrees C). PART 2 - PRODUCTS 2.1 SEALANT MATERIALS CITY OF PEARLAND JOINT SEALANTS WESTSIDE LIBRARY 07900 -2 STORE FRONT WAG PROJECT NO. 12188 A. Acrylic-Emulsion Sealant: Manufacturer's standard, one- part, non-sag, mildew- resistant, acrylic-emulsion sealant complying with ASTM C 834, formulated to be paintable and recommended for exposed applications on interior and protected exterior exposures involving joint movement of not more than ± 7.5%. 1. Products: Subject to compliance with requirements, provide Bostik Construction Products Division "Chem-Calk 600" or Pecora Corp. "AC-20+Silicone" or Polymeric Systems, Inc. "PSI-701" or Sonneborn Building Products Division/Rexnord Chem. Products, Inc. "Sonolac". 2. Locations: All exposed interior locations. 3. Colors: As selected by Architect from manufacturer's standard colors. B. One-Part Non-Acid Curing Mildew-Resistant Silicone Sealant: ASTM C 920, Type S, Grade NS, Class 25, and Uses NT, M, G, A, and, as applicable to joint substrates indicated, 0; medium modulus sealant formulated with fungicide that are intended for sealing interior ceramic tile joints and other non-porous substrates that are subject to in-service exposures to high humidity and temperature extremes. 1. Products: Subject to compliance with requirements, provide either Dow Corning "786 Mildew Resistant Sealant," or GE Silicones "Sanitary 1700 Sealant," or Pecora "898 Silicone," or Polymeric Systems, Inc. "PSI 611". 2. Locations: Interior tile and other similar locations subject to both high humidity and temperature extremes. 3. Colors: As selected by Architect from manufacturer's standard colors. C. Acoustical Sealant for Concealed Joints: Manufacturer's standard, nondrying nonhardening, nonskinning, nonstaining, gunnable, synthetic rubber sealant recommended for sealing interior concealed joints to reduce transmission of airborne sound. 1. Products: Subject to compliance with requirements, provide Pecora Corp. "BA- 98" or US Gypsum "Acoustical Sealant" or Sika "Sikaflex 11 FC." 2. Locations: Concealed gypsum drywall partitions perimeter and penetrations. 2.2 ACCESSORY MATERIALS A. Bond Breaker Tape: Polyethylene tape or other plastic tape as recommended by the sealant manufacturer for preventing sealant from adhering to rigid, inflexible joint filler materials or joint surfaces at back of joint where such adhesion would result in sealant failure. Provide self-adhesive tape where applicable. B. Joint Sealant Backing: 1. ASTM C1330; closed-cell polyethylene foam rod, non-gassing; Nomaco "Noma Spec," or approved equivalent. 2. Expanding foam sealant; Polytite B by Polytite Manufacturing Corp. or Polyseal by Sandell Mfg. Co., or"Colorseal" by Emseal. PART 3 - EXECUTION 3.1 PREPARATION CITY OF PEARLAND JOINT SEALANTS WESTSIDE LIBRARY 07900 - 3 (. STORE FRONT WAG PROJECT NO. 12188 A. Examination: 1. Examine substrates and verify that joint dimensions are correct and that substrate is in proper condition to receive sealants. 2. Do not proceed with installation until unsatisfactory conditions have been corrected. B. Cleaning Joints: 1. Clean out joints just before installing sealants; follow joint sealer manufacturer's recommendations. 2. Remove dust; paints, except for permanent, protective coatings tested and approved for sealant adhesion and compatibility by sealant manufacturer; oil, grease, water repellents, water, surface dirt and frost, and other similar materials which would prevent or reduce sealant bond. 3. Clean metal, glass, and other non-porous surfaces by means that are not harmful to substrates or leave residues capable of interfering with sealant adhesion. C. Joint Sealant Backing: Install joint backing without twisting, compress more than 50%, or stretch during installation. Install sealant backup materials to provide support of sealants during application and at position required to produce the cross-sectional shapes and depths of installed sealants relative to joint widths that allow optimum sealant movement capability. D. 1. For joints 1/4-inch to 1/2-inch wide, install backer rod to provide sealant joint depth equal to joint width. 2. Do not leave gaps between ends of joint-fillers. Do not stretch, twist, puncture or tear joint-fillers. Remove absorbent joint-fillers that have become wet prior to sealant application and replace with dry material. 3. Install bond breaker tape between sealants and joint-fillers, compression seals or back of joints where required to prevent third-side adhesion of sealant to back of joints. 4. Provide joint sealant over all sight exposed backer rod, expansion joint filler, and expanding foam sealant. E. Bond Surface Priming: 1. Prime cleaned joint substrates where recommended by joint sealer manufacturer based on preconstruction joint sealer-substrate tests or prior experience. 2. Follow joint sealer manufacturer's recommendations. 3. Confine primers to sealant bond area; do not allow spillage or migration onto adjoining surfaces. 4. Prime bond surfaces prior to installation of sealant joint backing. 3.2 INSTALLATION A. Manufacturer's Instructions: Follow sealant manufacturers' printed installation instructions applicable to products and applications indicated, except where more stringent requirements apply. CITY OF PEARLAND JOINT SEALANTS WESTSIDE LIBRARY 07900 -4 STORE FRONT WAG PROJECT NO. 12188 B. Masking: Mask surfaces that might be permanently stained or damaged by sealant contact or by cleaning methods required to remove sealant smears. Promptly remove tape after tooling without disturbing joint seal. C. Installation Technique: Install sealants using techniques that result in sealants directly contacting and fully wetting joint substrates, completely filling recesses provided for each joint configuration and providing uniform, cross-sectional shapes and depths relative to joint widths which allow optimum sealant movement capability. D. Tooling: Tool non-sag sealants slightly concave prior to time skinning or curing begins to form smooth, uniform beads, to eliminate air bubbles and air pockets, and to assure contact and adhesion of sealant with sides of joint. Remove excess sealants from surfaces adjacent to joint. Do not use tooling agents that discolor sealants or adjacent surfaces or are not approved by sealant manufacturer. E. Protection: Protect joint sealants during and after curing period from contact with contaminating substances or from damage resulting from construction operations or other causes so that they are without deterioration or damage at time of Substantial Completion. END OF SECTION CITY OF PEARLAND PREFABRICATED INT.ALUMINUM FRAMES WESTSIDE LIBRARY 08121 -.1 (17/l'as\ STOREFRONT WAG PROJECT NO. 12188 SECTION 08121 PREFABRICATED INTERIOR ALUMINUM FRAMES PART 1 -GENERAL 1.1 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to work specified in this Section. 1.2 GENERAL DESCRIPTION OF THE.WORK OF THIS SECTION: A. Work includes furnishing and installing prefabricated interior aluminum frames; cutting, fitting, and preparation of frames to receive finish hardware and accessories; and shop painting. 1.3 RELATED WORK OF OTHER SECTIONS: A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.4 QUALITY ASSURANCE A. Frames shall be fire-rated and labeled and listed for ratings indicated by Warnock Hersey or other testing and inspection agency acceptable to authorities having jurisdiction. Provide required label on each frame. 1.5 SUBMITTALS: A. Submit copies of frame manufacturer's printed specifications and installation instructions for review. B. Submit shop drawings for fabrication and erection of prefabricated aluminum frame work. Include details of each frame type, conditions at openings, details of construction, location, and installation requirements of finish hardware and reinforcements, and details of joints and connections. Show anchorage and accessory items. Provide a schedule of frames using same reference numbers for details and openings as those on Architect's Drawings. 1. Coordinate submittals with other doors, frames, and hardware and use the same "opening number identification"as given on the Drawings and the Door Schedule. a. Submittals not using the numbering identification system shown on Architect's Drawings and Schedules will be rejected. C. Furnish representative samples of aluminum finish proposed for this work for acceptance before any material is shop assembled, finished, or delivered. 1.6 PRODUCT DELIVERY, STORAGE AND HANDLING: CITY OF PEARLAND PREFABRICATED INT.ALUMINUM FRAMES WESTSIDE LIBRARY 08121 -2 STOREFRONT WAG PROJECT NO. 12188 A. Deliver aluminum frames cartoned or crated to provide protection during transit and job storage. • B. Inspect aluminum frame work upon delivery for damage. Minor damages may be repaired provided the repaired items are equivalent in all respects to new work; otherwise remove and replace damaged work as directed. PART 2-PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS: A. Subject to compliance with requirements, provide products of one of the following manufacturers: 1. Offenhauser Company. 2. RACO Interior Products. 3. Avalon International, Dual-Lock Partition Systems, Inc. 4. Frameworks Manufacturing Company. 2.2 MATERIALS: A. Aluminum extrusions conforming to ASTM B 211, Alloy 6063-T5, free of scratches and blemishes on exposed surfaces with manufacturer's standard paint finish in color to match Architect's sample. 2.3 FABRICATION: A. The required sizes for door frame units, and the profile requirements are shown on the Drawings. Verify conditions of related work prior to fabrication, including dimensions of openings and finished floor elevations. B. Fabricate frame connections in accordance with notes, schedules, and details, and as shown on accepted shop drawings. 1. Conceal fasteners in an accepted manner. 2. Provide recesses and reinforcements as necessary for butts, lock strikes, closers, brackets, and surface applied hardware. Prepare for hardware in accordance with hardware manufacturer's approved templates or the physical hardware. 3. Provide door stops with an accepted vinyl or wool pile sound stripping. PART 3 -EXECUTION 3.1 INSTALLATION: A. Install work in accordance with accepted shop drawings and details, plumb, level, and true, with proper alignment, and proper relationship to work of adjoining trades. B. Exposed surfaces shall be free from warp, wave, and buckle. Provide well formed mitered joints with faces of metal in contact having hairline joints. CITY OF PEARLAND PREFABRICATED INT.ALUMINUM FRAMES WESTSIDE LIBRARY 08121 -3 (111°.\' STOREFRONT WAG PROJECT NO. 12188 END OF SECTION CITY OF PEARLAND: FLUSH WOOD DOORS WESTSIDE LIBRARY 08211 - 1 STORE FRONT WAG PROJECT NO. 12188. SECTION 08211 FLUSH WOOD DOORS PART 1 - GENERAL • 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes furnishing and installing manufactured solid core flush wood doors of the types specified. Factory finishing flush wood doors. Factory fit doors to frames and premachine doors for hardware. 1.3 RELATED WORK A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. Celh‘ 1.4 PERFORMANCE REQUIREMENTS A. Provide stiles and rails constructed of two-ply hardwood material providing minimum 1,000 lb. screw withdrawal resistance per ASTM D 143/NWWDA TM-10 (now published by WDMA) and minimum 200,000 slam cycles per ANSI A 151.1/NWWDA TM-7 (now published by WDMA) without failure. 1.5 SUBMITTALS A. Product Data: For each type of door indicated. Include details of core and edge construction, STC rating. Include factory-finishing specifications. B. Shop Drawings: Indicate location, size, and hand of each door; elevation of each kind of door; construction details not covered in Product Data; location and extent of hardware blocking; and other pertinent data. 1. Indicate dimensions and locations of mortises and holes for hardware. 2. Indicate doors to be factory finished and finish requirements. C. Samples for Initial Selection: For plastic laminate faced doors. D. Samples for Verification: 1. Plastic laminate, 6 inches (150 mm) square, for each color, texture, and pattern selected. 2. Corner sections of doors, approximately 8 by 10 inches (200 by 250 mm), with door faces and edges representing actual materials to be used. a. Provide samples for each species of solid lumber required. CITY OF PEARLAND FLUSH WOOD DOORS WESTSIDE LIBRARY 08211 - 2 STORE FRONT WAG PROJECT NO. 12188 E. Warranty: Sample of special warranty. 1.6 QUALITY ASSURANCE: A. Source Limitations: Obtain flush wood doors from single manufacturer. B. Quality Standard: In addition to requirements specified, comply with WDMA I.S.1-A, "Architectural Wood Flush Doors." 1.7 DELIVERY, STORAGE, AND HANDLING A. Comply with requirements of referenced standard and manufacturer's written instructions. B. Package doors individually in cardboard cartons and wrap bundles of doors in plastic sheeting. C. Mark each door on top and bottom rail with opening number used on Shop Drawings. 1.8 PROJECT CONDITIONS A. Environmental Limitations: Do not deliver or install doors until spaces are enclosed and weathertight, wet work in spaces is complete and dry, and HVAC system is operating and maintaining ambient temperature and humidity conditions at occupancy levels during the remainder of the construction period. 1.9 WARRANTY A. Special Warranty: Manufacturer's standard form in which Contractor and manufacturer agrees to repair or replace doors that fail in materials or workmanship within specified warranty period. 1. Failures include, but are not limited to, the following: a. Warping (bow, cup, or twist) more than 1/4 inch (6.4 mm) in a 42-by-84- inch (1067-by-2134-mm) section. b. Telegraphing of core construction in face veneers exceeding 0.01 inch in a 3-inch (0.25 mm in a 76.2-mm) span. 2. Warranty Period for Solid-Core Interior Doors: Life of installation. PART 2 - PRODUCTS 2.1 MANUFACTURER A. Manufacturers: Subject to compliance with requirements, provide products by one of the following 1. Algoma Hardwoods, Inc. 2. Eggers Industries. 3. Graham; an Assa Abloy Group company. CITY OF PEARLAND FLUSH WOOD DOORS WESTSIDE LIBRARY 08211 - 3 STORE FRONT WAG PROJECT NO. 12188 4. Marshfield Door Systems, Inc. 5. VT Industries Inc. 2.2 DOOR CONSTRUCTION, GENERAL A. WDMA I.S.1-A Performance Grade: 1. Heavy Duty, except as otherwise specified. B. Mineral-Core Doors: 1. Core: Noncombustible mineral product complying with requirements of referenced quality standard and testing and inspecting agency for fire-protection rating indicated. 2. Blocking: Provide composite blocking with improved screw-holding capability approved for use in doors of fire-protection ratings indicated as follows: a. 5-inch (125-mm) top-rail blocking. b. 5-inch (125-mm) midrail blocking, in doors indicated to have exit devices. 3. Edge Construction: At hinge stiles, provide laminated-edge construction with improved _screw-holding,capability -and split resistance. Comply with specified requirements for exposed edges. 2.3 PLASTIC-LAMINATE-FACED DOORS A. Interior Solid-Core Doors: 1. Grade: Premium. 2. Plastic-Laminate Faces: High-pressure decorative laminates complying with NEMA LD 3, Grade HGS. 3. Colors, Patterns, and Finishes: NEMA LD-3, matte finish solid color(s) as selected by Architect from WilsonArt, Nevamar Company LLC, or Formica brand plastic laminates. 4. Exposed Vertical Edges: Hardwood edges for staining to match faces. 5. Core: Particleboard: 6. Construction: Five plies. Stiles and rails are bonded to core, then entire unit abrasive planed before faces and crossbands are applied. Faces are bonded to core using a hot press. 2.4 FABRICATION A. Factory fit doors to suit frame-opening sizes indicated. Comply with clearance requirements of referenced quality standard for fitting unless otherwise indicated. 1. Comply with requirements in NFPA 80 for fire-rated doors. B. Factory machine doors for hardware that is not surface applied. Locate hardware to comply with DHI-WDHS-3. Comply with final hardware schedules, door frame Shop Drawings, DHI A115-W series standards, and.hardware templates. CITY OF PEARLAND FLUSH WOOD DOORS WESTSIDE LIBRARY 08211 -4 STORE FRONT WAG PROJECT NO. 12188 1. Coordinate with hardware mortises in metal frames to verify dimensions and alignment before factory machining. 2.5 FACTORY FINISHING A. General: Comply with referenced quality standard for factory finishing. Complete fabrication, including fitting doors for openings and machining for hardware that is not surface applied, before finishing. 1. Finish faces, all four edges, edges of cutouts, and mortises. Stains and fillers may be omitted on top and bottom edges, edges of cutouts, and mortises. B. Finish doors at factory. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine doors and installed door frames before hanging doors. 1. Verify that frames comply with indicated requirements for type, size, location, and swing characteristics and have been installed with level heads and plumb jambs. 2. Reject doors with defects. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 INSTALLATION A. Hardware: For installation, see Section 08700 — Finish Hardware. B. Installation Instructions: Install doors to comply with manufacturer's written instructions and the referenced quality standard, and as indicated. 1. Install fire-rated doors in corresponding fire-rated frames according to NFPA 80. C. Factory-Fitted Doors: Align in frames for uniform clearance at each edge. D. Factory-Finished Doors: Restore finish before installation if fitting or machining is required at Project site. 3.3 ADJUSTING A. Operation: Rehang or replace doors that do not swing or operate freely. B. Finished Doors: Replace doors that are damaged or that do not comply with requirements. Doors may be repaired or refinished if work complies with requirements and shows no evidence of repair or refinishing. END OF SECTION CITY OF PEARLAND ACCESS DOORS WESTSIDE LIBRARY 08305- 1 (116\' STORE FRONT WAG PROJECT NO. 12188 SECTION 08305 ACCESS DOORS PART 1 -GENERAL 1.1 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to work specified in this Section. 1.2 GENERAL DESCRIPTION OF THE WORK,OF THIS SECTION: A. Work includes furnishing and installing access doors. 1.3 RELATED WORK OF OTHER SECTIONS: A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.4 QUALITY ASSURANCE: A. Fire-Rated Door Assemblies: Units that comply with NFPA 80, are identical to door and frame assemblies tested for fire-test-response characteristics per test method as indicated below, and are labeled and listed by UL, Warnock Hersey, or another testing and inspecting agency acceptable to authorities having jurisdiction. 1. Test Method for Vertical Installations: NFPA 252 or UL 10B. 2. Test Method for Horizontal Installations: ASTM E 119. B. Obtain Architect's acceptance of manufacturer's standard size units which may vary slightly from sizes indicated. C. Furnish inserts and anchoring devices which must be built into other work for the installation of access doors. Coordinate delivery with other work to avoid delay. 1.5 SUBMITTALS: A. Submit manufacturer's technical data, setting drawings, templates, and installation instructions for each type unit proposed for use on this Project. B. Fumish samples of the various type units proposed for use on this Project when and as requested by Architect. Acceptable samples will be returned and may be used in the work. PART 2-PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS: A. Acceptable Manufacturers: M08305.MAS-5/N3 (7/01) CITY OF PEARLAND ACCESS DOORS WESTSIDE LIBRARY 08305-2 STORE FRONT WAG PROJECT NO. 12188 1. Karp Associates, Inc. 2. The Williams Brothers Corp. of America. 2.2 MATERIALS AND CONSTRUCTION: A. Furnish access door assemblies manufactured as an integral unit, complete with all parts and ready for installation. Fabricate units of continuous welded steel construction, unless otherwise indicated. Grind welds smooth and flush with adjacent surfaces. Furnish attachment devices and fasteners of the type required to secure access panels to the types of support shown. B. Fabricate frames from 16 gage steel, factory primed. 1. Fabricate frame with exposed flange approximately 1" wide for access doors located in the following construction: a. Drywall finish. b. Ceramic tile finish. C. Fabricate flush panel doors from not less than 14 gage sheet steel, with concealed spring hinges set to open to 175 deg. Finish with manufacturer's factory-applied prime paint. 1. Provide flush panel doors, unless otherwise indicated. 2. For fire-rated units, provide manufacturer's standard insulated flush panel doors. D. Provide flush, screwdriver-operated, cam type locks as required for panel size. PART 3-EXECUTION 3.1 INSPECTION: A. Examine the areas and conditions under which access doors are to be installed and do not proceed with the work until unsatisfactory conditions have been corrected in an acceptable manner. 3.2 INSTALLATION: A. Coordinate installation with work of other trades and locate accurately. B. Comply with manufacturer's instructions for secure attachment, proper relation to adjacent finished surfaces, and proper operation. Adjust hardware and panels after installation for proper operation. C. Remove and replace panels or frames which are warped, bowed, or otherwise damaged. END OF SECTION M08305.MAS-5/N3 (7/01) CITY OF PEARLAND DOOR HARDWARE WESTSIDE LIBRARY 087111 - 1 STORE FRONT WAG PROJECT NO. 12188 SECTION 08 711 DOOR HARDWARE PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes furnishing and installing door hardware, thresholds, weatherstripping and seals. It is the hardware supplier's/bidder's responsibility to include in his bid a complete working solution at each opening shown on the plans and no additional change order requests will be accepted unless there is a change in the scope of work requested by the architect or owner. B. Related Sections include the following: 1. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.3 PERFORMANCE REQUIREMENTS A. Furnish and install each door hardware item to provide proper operation and required function of every unit without binding or failure. 1. Interior Door Opening Force: Adjust hardware operation at interior non-fire-rated doors to provide an opening force not greater than 5 lbs at a point.,3" from latch, measured to leading edge of door. 2. Exterior and Fire Rated Door Opening Force: At exterior doors and fire-rated doors, adjust hardware opening force in small increments above the opening force required for interior non-fire-rated doors to close and latch the door. 3. Closer Sweep Adjustment: Adjust closer sweep period so that from a 70 degree open position, door will take at least 3 seconds to move to a point 3" from latch, measured to leading edge of door. 1.4 SUBMITTALS A. Submit manufacturer's technical product data for each item of hardware. Final Hardware Schedule Content: Based on hardware indicated on the Drawings, organize schedule into vertical format"hardware sets" indicating complete designations of every item required for each door or opening. Use specification heading numbers with any variations suffixed a, b, etc B. Coordinate hardware with doors, frames, and related work to ensure proper size thickness, hand, function, and finish of hardware. If requested by Architect, submit one sample of each type of exposed hardware unit, finished as required, and tagged with full description for coordination with schedule. Submit data and schedule at earliest possible date, particularly CITY OF PEARLAND DOOR HARDWARE WESTSIDE LIBRARY 087111 -2 STORE FRONT WAG PROJECT NO. 12188 where acceptance of schedule must precede fabrication of other work (e. g. hollow metal frames)that is critical to the Project construction schedule. 1. Type, style, function, size and finish of each hardware item. 2. Name and manufacturer of each item. 3. Fastenings and other pertinent information. 4. Hardware set location cross-referenced to both Drawing floor plan and door schedule indications. 5. Explanation of all abbreviations, symbols, and codes in schedule. 6. Mounting locations for hardware. 7. Door and frame sizes and materials. 8. Date of jobsite visit. (delete if new work) C. Coordinate keying instructions, and keying information. Deliver keys and key control box to Owner in person and obtain receipt(No Exceptions). D. LEED Submittals: Credit MR 4.1 and Credit MR 4.2: For products having recycled content, documentation indicating percentages by weight of postconsumer and preconsumer recycled content. Include statement indicating costs for each product having recycled content. Credit MR 5.1 and 5.2: List of proposed regional materials. Identify each regional material along with the location of its manufacture, processing and raw material source, and cost. 1.5 QUALITY ASSURANCE A. Supplier Qualifications: A recognized finish hardware supplier who has been furnishing hardware in the Project's vicinity for a period of not less than 2 years, and who is, or employs an experienced hardware consultant(AHC)who is available, at reasonable times during the course of the Work, for consultation about Project's hardware requirements, to Owner, Architect and Contractor. 1. Responsible for detailing, scheduling and ordering of finish hardware. Detailing implies that the submitted schedule of hardware is correct and complete for the intended function, and performance of the openings. B. Coordination and Schedules: Hardware units and usage specified in Part 2 of this Section and scheduled on the Drawings establish quality, quantity, function and finish required for each door opening. Review, coordinate and confirm that hardware specified for each opening is the proper function. In case of controversy, make appropriate notations of proposed changes from specified requirements on supplier's hardware schedule and request written clarification from the Architect prior to proceeding. C. Hardware: Free of defects, blemishes and excessive play. Obtain each kind of hardware (latch and locksets, exit devices, hinges and closers)from one manufacturer. D. Fire-Rated Openings: Provide door hardware for fire rated openings that comply with NFPA Standards No. 80 and requirements of authorities having jurisdiction. Provide only items of door hardware that are listed and tested by UL or Warnock Hersey for given type/size opening and degree of label. Provide proper latching hardware, door closers, approved-bearing hinges and seals whether listed in the Hardware Schedule or not. All hardware shall comply with standards UBC 702 (1997)and UL 10C. 1. Where emergency exit devices are required on fire-rated doors (with supplementary marking on doors' UL labels indicating "Fire Door to be equipped with Fire Exit Hardware") provide UL label on exit devices indicating"Fire Exit Hardware". CITY OF PEARLAND DOOR HARDWARE WESTSIDE LIBRARY 087111 -3 climb STORE FRONT WAG PROJECT NO. 12188 1.6 PROJECT CONDITIONS AND COORDINATION: A. Where exact types of hardware specified are not adaptable to finished shape or size of members requiring hardware, provide suitable types having as nearly as practical the same operation and quality as type specified, subject to Architect's approval. B. Coordination: Coordinate hardware with other work. Furnish hardware items of proper design for use on doors and frames of the thickness, profile, swing, security and similar requirements indicated, as necessary for proper installation and function, regardless of omissions or conflicts in the information on the Contract Documents. Furnish related trades with the following information: 1. Location of embedded and attached items to concrete. 2. Location of wall-mounted hardware, including wall stops. 3. Location of finish floor materials and floor-mounted hardware. 4. Locations for conduit and raceways as needed for electrical, electronic and electro- pneumatic hardware items. Fire/life-safety system interfacing. Point-to-point wiring diagrams plus riser diagrams to related trades. 5. Manufacturer templates to door and frame fabricators. C. Check Shop Drawings for doors and entrances to confirm that adequate provisions will be made for proper hardware installation. Do not order hardware until the submittal has been reviewed by the frame and door suppliers for compatibility with their products. D. Prior to submittal, carefully inspect existing conditions at each opening to verify finish hardware required to complete Work, including sizes, quantities, existing hardware scheduled for re-use, and sill condition material. If conflict or incompatibility between the specified/scheduled hardware and existing conditions, submit request for direction from Architect. Include date of jobsite visit in the submittal. 1. Submittals prepared without thorough jobsite visit by qualified hardware expert will be rejected as non-compliant. 1.7 DELIVERY, STORAGE,AND HANDLING A. Tag each item or package separately with identification related to final hardware schedule, and include basic installation instructions with each item or package. B. Packaging of door hardware is the responsibility of supplier. As material is received by hardware supplier from various manufacturers, sort and repackage,in containers clearly marked with appropriate hardware set number to match set numbers of approved hardware schedule. Two or more identical sets may be packed in same container. C. Inventory door hardware jointly with representatives of hardware supplier and hardware installer until each is satisfied that count is correct. D. Deliver individually packaged door hardware items promptly to place of installation (shop or Project site). E. Provide secure lock-up for door hardware delivered to the Project, but not yet installed. Control handling and installation of hardware items that are not immediately replaceable so that �'�'"� completion of the Work will not be delayed by hardware losses both before and after installation. t 1.8 WARRANTY CITY OF PEARLAND DOOR HARDWARE WESTSIDE LIBRARY 087111 -4 STORE FRONT WAG PROJECT NO. 12188 A. Special warranties: 1. Door Closers: Ten year period 2. Exit Devices: Three year period 3. Locks and Cylinders: Three year period 1.9 MAINTENANCE A. Maintenance Tools and Instructions: Furnish a complete set of specialized tools and maintenance instructions as needed for Owner's continued adjustment, maintenance, and removal and replacement of door hardware. B. Parts kits: Furnish manufacturer's standard parts kits for locksets, exit devices, and door closers. PART 2-PRODUCTS 2.1 ENVIRONMENTALLY PREFERABLE PRODUCTS A. Provide environmentally preferable products (EPP) to the greatest extent possible. Provide products and materials that promote stewardship of the earth's resources, promote good indoor environmental quality, and promote efficiencies in operational performance. EPP's include products that have low VOC content, high recycled content, and are manufactured, fabricated, or extracted within 500 miles of the construction site.B. B. Provide an aggregate recycled content of not less than 35%for all hardware devices. 2.2 MANUFACTURERS A. General: Provide hardware manufactured to conform to published templates, generally prepared for machine screw installation. Do not provide hardware that has been prepared for self-tapping sheet metal screws. With each hardware item, furnish machine screws for installation into steel, and provide threaded to the head wood screws for installation into wood; all-purpose threads are not acceptable. Provide Phillips flat-head screws except as otherwise indicated. Finish exposed screws to match the hardware finish. Provide concealed fasteners for hardware units that are exposed when the door is closed, except to the extent no standard units of the type specified are available with concealed fasteners. Provide through bolts for closer installation. 2.3 HARDWARE UNITS AND USAGE A. Units specified below establish the design, grade, function, finish, size, and other qualities required for this Project. Provide the following hardware units in the quantities specified and locations indicated on the Door Schedule. Provide US 26D finish unless otherwise specified. Refer to Door Schedule on Drawings for door sizes, fire ratings, hardware function, exit devices, door closers, and other requirements at each door opening 1. Butt Hinges: Provide the following butt hinges produced by Ives, or equivalent butt hinges produced by, Hager, or Bommer, as approved. Provide 1-1/2 pair per door leaf up to 7'- CITY OF PEARLAND DOOR HARDWARE WESTSIDE LIBRARY 087111 -5 STORE FRONT WAG PROJECT NO. 12188 6" high and one additional hinge per leaf for each additional 2'-6" of door height. Provide 5" hinge height for doors 3'-6"to 4'-0"wide and 6" hinge height for doors over 4'-0"wide. a. Out-Swinging Exterior Doors Except Storefront: Ives 5BBIHW 4.5 x 4.5 NRP x non-ferrous. b. In-swinging Exterior Doors: Ives 5BB1 HW 4.5 x 4.5 non-ferrous. c. Out-Swinging Interior High Frequency Doors: Ives 5BB1 HW 4.5 x 4.5 x NRP. d. In-Swinging Interior High Frequency Doors: Ives 5BB1 HW 4.5 x 4.5 e. Out-Swinging Interior Average Frequency Doors: Ives 5BB1 4.5 x 4.5 NRP. f. In-Swinging Interior Average Frequency Doors: Ives 5BB1 4.5 x 4.5. 2. Door Closers:. Adjust closers to comply with ADA requirements. Provide type of arm recommended by closer manufacturer for door conditions (use, door hand and swing) indicated. a. Closers for fire-rated doors shall be provided with temperature stabilizing fluid that complies with standards UBC 7-2 (1997) and UL 10C. b. Door closer shall have fully hydraulic, full rack and pinion action. Closer shall have 1-1/2-inch in diameter piston. c. Hydraulic fluid shall be of a type requiring no seasonal closer adjustment for temperatures ranging from 120 degrees F to minus 30 degrees F. d. Spring power shall be continuously adjustable over the full range of closer sizes, and allow for reduced opening force for the physically handicapped. Closers shall have separate adjustment for latch speed, general speed, and back check. e. Provide powder coating certified to exceed 100 hours salt Spray testing by ETL, an independent testing laboratory used by BHMA for ANSI certification. f. Pressure relief valves are not accepted. (11111‘'' g. Closers to be installed to allow door swing as shown on plans. Doors swinging into exit corridors shall provide for corridor clear width as required by code. Where possible, mount closers on room side of door. h. Door closers meeting this specification: Falcon SC60/80 Series or equal product by LCN. 3. Cylindrical Locks and latches: as scheduled, fastened with through-bolts and threaded chassis hubs. a. Chassis: Cold-rolled steel, handing field-changeable. b. Latch bolts: 1/2" inch projection. c. Lever Trim: Through-bolt, accessible design, cast lever or metal-filled wrought types as schedule. d. Strikes: 16 gauge curved steel, bronze or brass with 1" deep box construction, lips of sufficient length to clear trim and project clothing. e. Certifications: i. ANSI A156.2, Grade 2 ii. UL listed for 3-hour doors f. Approved Manufacturers: Falcon B Series x Dane Lever Design or equal product by Schlage. 4. Exit Devices: Provide the following at the locations shown on the Door Schedule: a. Exit Devices shall be touchpad type, fabricated of bronze, brass, stainless steel, or aluminum, plated to the standard architectural finishes to match the balance of the door hardware. b. Touchpad shall extend a minimum of one half of the door width. c. Exit devices shall be UL listed panic exit hardware. All exit devices for fire rated openings shall be UL labeled fire exit hardware. CITY OF PEARLAND DOOR HARDWARE WESTSIDE LIBRARY 087111 -6 STORE FRONT WAG PROJECT NO. 12188 ---d d. Lever trim for exit devices shall be vandal-resistant type, which will travel to a 90- degree down position when more than 35 pounds of torque are applied, and which can easily be re-set. e. Exit devices meeting this specification: Von Duprin 22 Series. 5. Stops, Flush Bolts, Dust Proof Strikes, & Silencers: Provide the following at locations designated; IVES, or equivalent by Trimco. a. Floor Stops: Ives FS436 b. Where a wall or floor stop cannot be used, provide an overhead stop. Acceptable products are as manufactured by Glynn-Johnson. Use a 100 series concealed overhead stop where appearance is a primary consideration or 450 series at interior and 90 series at exterior locations. c. Silencers: IVES SR 64; (3) per single leaf opening, (2) per double leaf opening. 6. Weather stripping, Seals and Thresholds: Provide the following at locations designated; National Guard Products or equivalent by Zero Weatherstripping. 2.4 KEYING REQUIREMENTS A. Key System Requirements: Initiate and conduct meeting(s) with Owner to determine. Furnish Owner's written approval of the system. 1. All locks shall be keyed to a new grand master key system. 2. All locks/cylinders to be construction masterkeyed. 3. Permanent keys: deliver only to Owner's representative. 4. Key Transcript(bitting list): Supply to Owner upon completion. 5. Mark permanent cylinders, cores and keys with applicable blind code for identification. These visual key control marks or codes shall not include actual key cuts. 6. Provide 5 of each cut Master key and higher level. 7. Provide 3 each cut key per lock. 8. Provide 2 each emergency over-ride master keys for locksets that use these. 9. Provide 10 each construction master keys. PART 3-EXECUTION 3.1 PREPARATION A. Mount hardware units at heights indicated in "Recommended Locations for Builders Hardware for Custom Steel Doors and Frames" by the Door and Hardware Institute, except as specifically indicated or required to comply with governing regulations and except as otherwise directed by Architect. Reinforce the attachment substrate for secure installation and adjust for proper operation. Provide clean, properly sized mortises and drilled holes for all mortised and surface applied finish hardware 3.2 INSTALLATION A. General: Install each hardware item in compliance with the manufacturer's instructions and recommendations. CITY OF PEARLAND DOOR HARDWARE WESTSIDE LIBRARY 087111 -7 (41111 STORE FRONT WAG PROJECT NO. 12188 B. Do not install surface-mounted items until finishes have been completed on the substrate. Before painter's finish is applied, remove all finish hardware, except prime painted items. After finish coats are dry, permanently replace and readjust finish hardware for proper operation. C. Set units level, plumb, and true to line and location D. Cut and fit threshold and floor covers to profile of doorframes, with mitered corners and hairline joints. Join units with concealed welds or concealed mechanical joints. Cut smooth openings for bolts and similar items, if any. Screw thresholds to substrate with No. 10 or larger stainless steel screws 3.3 ADJUSTMENT A. Adjust and check each operating item of hardware and each door, to ensure proper operation or function of every unit. Replace units that cannot be adjusted and lubricated to operate freely and smoothly as intended for the application made. B. Six month hardware installation survey is to be performed by a certified "AHC" in the employ of the hardware supplier. 3.4 HARDWARE SCHEDULE: Refer to Drawings. Cimb END OF SECTION 08 71 00 CITY OF PEARLAND GYPSUM BOARD ASSEMBLIES (1111b-\ WESTSIDE LIBRARY 09250 - 1 STORE FRONT WAG PROJECT NO. 12188 SECTION 09250 GYPSUM BOARD ASSEMBLIES PART 1 - GENERAL . 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes furnishing and installing: 1. Screw- type steel drywall framing, framing for furring, and ceiling suspension systems. 2. Gypsum drywall board. 3. Gypsum drywall accessories. 4. Gypsum drywall finishing. 1.3 RELATED WORK A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.4 SUBMITTALS A. Product Data: Submit product data for each drywall material and accessory required, including specifications showing compliance with requirements. 1.5 QUALITY ASSURANCE A. Fire-Test-Response Characteristics: For gypsum board assemblies with fire-resistance ratings, provide materials and construction identical to those tested in assembly indicated according to ASTM E 119 by an independent testing and inspecting agency acceptable to authorities having jurisdiction. B. Sound Transmission Characteristics: For gypsum board assemblies with STC ratings, provide materials and construction identical to those tested in' assembly indicated according to ASTM E 90 and classified according to ASTM E 413 by a qualified independent testing agency. 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver materials in original packages, containers, or bundles bearing brand name and identification of manufacturer Or supplier. B. Store materials inside under cover and keep them dry and protected against damage from weather, direct sunlight, surface contamination, corrosion, construction traffic, and other causes. Stack gypsum panels flat to prevent sagging. CITY OF PEARLAND GYPSUM BOARD ASSEMBLIES WESTSIDE LIBRARY 09250 - 2 STORE FRONT WAG PROJECT NO. 12188 1.7 PROJECT CONDITIONS A. Environmental Limitations: Comply with ASTM C 840 requirements or gypsum board manufacturer's written recommendations, whichever are more stringent. PART 2 - PRODUCTS 2.1 PRODUCTS AND MANUFACTURERS A. Subject to compliance with requirements, provide products of one of the following: 1. Metal Support Materials; a. Dale Industries, Inc., Dearborn, MI, (Tel) 313-846-9400. b. Dietrich Industries, Inc., Hutchins, TX., (Tel) 214-225-1100. c. Gold Bond Building Products Div., National. Gypsum Co., Charlotte, NC, (Tel) 704-365-0950. d. Amico/Maverick Steel Corp., Ennis, TX, (Tel) 800-528-5344. e. Unimast, Inc., Mansfield, TX, (Tel) 817-473 9346. 2. Gypsum Board and Related Products: a. G-P Gypsum Products, Decatur, GA, (Tel) 404-987-5190. b. Gold Bond Building Products Div., National Gypsum Co., Charlotte, NC, (Tel) 704-365-0950. c. United States Gypsum Co., Chicago, IL, (Tel) 312-321-4000. 3: Direct Suspension Systems: a. Armstrong World Industries., Houston, TX, (Tel) 800-448;1405. b. Chicago Metallic Corp., Chicago, IL, (Tel) 312-563-4600. c. National Rolling Mills, Paoli, PA, (Tel) 215-644-6700. d. United States Gypsum Co., Chicago, IL, (Tel) 312-321-4000. 2.2 FRAMING AND SUPPORT SYSTEMS A. Screw Type Steel Studs and Runners: ASTM C 645, fabricated from minimum 0.0179" thick zinc coated steel in sizes indicated. Provide 1-1/2" x 1-1/2" angle runner at perimeter of ceiling suspension panels for support of drywall panel edge and extruded aluminum ceiling panel edge closure trim. B. Non-Fire Rated Furring Bar Suspension System for Gypsum Board Ceilings: Armstrong 7900 Drywall Furring System with 7945 cross tees, HD 7801 wall angle, and 8887 drywall furring shoe, or equivalent by Chicago Metallic, or USG. .Provide galvanized steel wire hangers, ASTM A 641, soft temper, sized so that stress at 3x hanger load (ASTM C 635, Table 1,:Direct Hung) is less than wire yield stress. Size .hanger anchorage devices for 3x calculated hanger load, except size direct pull-out concrete inserts for 5x calculated hanger load as determined by testing (ASTM E 488) conducted - by a qualified independent testing agency. Coordinate with Section 09 51 00 - Acoustical Ceilings. CITY OF PEARLAND GYPSUM BOARD ASSEMBLIES WESTSIDE LIBRARY 09250 - 3 STORE FRONT WAG PROJECT NO. 12188 2.3 BOARD MATERIALS A. Gypsum Drywall Board: ASTM C 1396, Type X, 5/8-inch thick, unless otherwise shown. 1. Moisture resistant where shown as substrate for ceramic tile. 2. Moisture and Mold Resistant Gypsum Board: ASTM C 1396, UL Classified for fire resistance (Type. X), water-resistant gypsum backing board, mold resistant (ASTM D 3273); U.S. Gypsum "Humitek." 3. Fire Rated (ASTM C 1396, Type X requirements) where required for construction shown. 2.4 MISCELLANEOUS MATERIALS, ACCESSORIES, AND TRIM A. Steel Drill Screws: ASTM C 1002, unless otherwise indicated. 1. Use screws complying with ASTM C 954 for fastening panels to steel members from 0.033-to 0.112-inch (0.84- to 2.84-mm) thick. B. Sound Attenuation Blankets: ASTM C 665, Type I (blankets without membrane facing) produced by combining thermosetting resins with mineral fibers manufactured from glass, slag wool, or rock wool. Climb 1. Fire-Resistance-Rated Assemblies: Comply with mineral-fiber requirements of assembly. 2. Acceptable Products: US Gypsum "Thermafiber Sound Attenuation Blanket" or Owens-Corning "Sound. Attenuation Batts," or Knauf "Unfaced Thermal and Acoustical Blanket." C. Acoustical Sealant: See Section 07 90 00—Joint Sealants. D. Galvanized steel casing beads, corner beads, and other metal trim accessories as required. E. Joint Tape: ASTM.0 475, plain or perforated. F. Interior Joint Compound: ASTM C 475 in two grades; one for bedding tape and filling depressions and one for topping and sanding. G. Joint Compound for Water Resistant Backing Board: Setting type for filling joints and treating fastener heads. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine areas and substrates, with Installer present, and including welded hollow- metal frames, cast-in anchors,and structural framing, for compliance with requirements and other conditions affecting performance. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION CITY OF PEARLAND GYPSUM BOARD ASSEMBLIES WESTSIDE LIBRARY 09250 -4 STORE FRONT WAG PROJECT NO. 12188 A. Suspended Ceilings: Coordinate installation of ceiling suspension systems with installation of overhead structure to ensure that inserts and other provisions for anchorages to building structure have been installed to receive ceiling hangers at spacing required to support ceilings and that hangers will develop their full strength. 1. Furnish concrete inserts and other devises indicated to other trades for installation in advance of time needed for coordination and construction. 3.3 INSTALLING STEEL FRAMING, GENERAL A. Installation Standards: ASTM C 754, and ASTM C 840 requirements that apply to framing installation, except as follows: 1. Partitions With Brittle Finishes: Use stud manufacturer's published limiting heights for construction and single span conditions with a limiting deflection of L/360 and uniform transverse load values as indicated on the Drawings. 2. Partitions Without Brittle Finishes, More Than 10'-0" High: Use stud manufacturer's published limiting heights for construction and single span conditions with a limiting deflection of L/240 and uniform transverse load values as indicated on the Drawings. 3. Do not bridge building expansion joints with support system. Frame both sides of joints with supports as indicated. 4. Install supplementary framing, blocking and bracing at terminations in the work and for support of fixtures, equipment services, heavy trim, grab bars, toilet accessories, furnishings, and similar work to comply with details indicated or if not otherwise indicated, to comply with applicable published recommendations of gypsum board manufacturer, or if not available, of "Gypsum Construction Handbook" published by US Gypsum Co. 5. Isolate stud system from transfer of structural loading to system, both horizontally and vertically. Provide slip or cushioned type joints to attain lateral support and avoid axial loading. 6. Install runner tracks at floors, ceilings, and structural walls and columns where gypsum drywall stud system abuts other work, except as otherwise indicated. 7. Terminate partition stud system at ceilings, except where indicated to be extended to structural support or substrate above. 8. Space studs 16-inches on center, unless otherwise indicated. 9. Frame door openings to comply with details indicated. If not shown, comply with applicable published recommendations of gypsum board manufacturer or of "Gypsum Construction Handbook" published by U. S. Gypsum Co. Attach vertical studs at jambs with screws either directly to frames or to jamb anchor clips on door frames; install runner track section (for jack studs) at head and secure to jamb studs. 10. Frame openings other than door openings to comply with details indicated or if not indicated, in same manner as required for door openings; and install framing below sills of openings to match framing required above door heads. 3.4 INSTALLING CEILING SUPPORT SUSPENSION SYSTEMS A. Secure hangers to structural support by connecting directly to structure where possible; otherwise connect to inserts or other direct pullout type anchorage devices as specified. CITY OF PEARLAND GYPSUM BOARD ASSEMBLIES WESTSIDE LIBRARY 09250 - 5 STORE FRONT WAG PROJECT NO. 12188 B. Furring Bar Suspension Support System: Attach perimeter wall track or angle wherever support system meets vertical...surfaces. Mechanically joint support members to each other and butt-cut to fit into wall track. 1. Main Runners: Support directly from wire hangers spaced at 4-feet on center; locate not more than 6 from parallel-walls and space not more than 4-feet on center, between parallel, walls. Install manufacturer's standard splicing device at joints. 2. Cross Runners: Support by interlocking ends of cross runners with main runners to form 90-degree angle between intersecting runners. Locate not more than 6" from parallel walls and space not more than 24-inches on center. 3. Other Components: Provide as recommended by manufacturer for support of other work resting in, or on, ceiling. 4. Install auxiliary framing at termination of drywall work, and at openings for light fixtures and similar work, as required for support of both the drywall construction and other work indicated for support thereon. 3.5 APPLYING AND FINISHING PANELS, GENERAL A. Gypsum Board Application and Finishing Standards: ASTM C 840 and GA-216. B. Install sound attenuation blankets before installing gypsum panels, unless blankets are readily installed after panels have been installed on one side. C. Install ceiling board panels across framing to minimize the number of abutting end joints and to avoid abutting end joints in the central area of each ceiling. Stagger abutting end joints of adjacent panels not less than one framing member. D. Install gypsum panels with face side out. Butt panels together for a light contact at edges and ends with not more than 1/16-inch (1.5-mm) of open space between panels. Do not force into place. E. Locate edge and end joints over supports, except in ceiling applications where intermediate supports or gypsum board back-blocking is provided behind end joints. Do not place tapered edges against cut edges or ends. Stagger vertical joints on opposite sides of partitions. Do not make joints_other than control joints at corners of framed openings. F. Attach gypsum panels to steel studs so leading edge or end of each panel is attached to open (unsupported) edges of stud flanges first. G. Attach gypsum panels to framing provided at openings and cutouts. H. Form control and expansion joints with space between .edges of adjoining gypsum panels. I. Cover both faces of steel stud partition framing with gypsum panels in concealed spaces (above ceilings, etc.), except in chases braced internally. 1. Unless concealed application is indicated or required for sound, fire, air, or smoke ratings, coverage may be accomplished with scraps of not less than 8-sq. ft. (0.7-sq. m) in area. CITY OF PEARLAND GYPSUM BOARD ASSEMBLIES WESTSIDE LIBRARY 09250 - 6 STORE FRONT WAG PROJECT NO. 12188 2. Fit gypsum panels around ducts, pipes, and conduits. 3. Where partitions intersect open concrete coffers, concrete joists, and other structural members projecting below underside of floor/roof slabs and decks, cut gypsum panels to fit profile formed by coffers, joists, and other structural members; allow 1/4-to 3/8-inch- (6.4-to 9.5-mm-) wide joints to install sealant. 4. Isolate perimeter of non-load-bearing gypsum board partitions at structural abutments, except floors. Provide 1/4- to 1/2-inch- (6.4- to 12.7-mm-) wide spaces at these locations, and trim edges with U-bead edge trim where edges of gypsum panels are exposed. Seal joints between edges and abutting structural surfaces with acoustical sealant. 5. STC-Rated Assemblies: Seal construction at perimeters, behind control and expansion joints, and at openings and penetrations with a continuous bead of acoustical sealant. Install acoustical sealant at both faces of partitions at perimeters and through penetrations. Comply with ASTM C 919 and manufacturer's written recommendations for locating edge trim and closing off sound-flanking paths around or through gypsum board assemblies, including sealing partitions above acoustical ceilings. 6. Space fasteners in gypsum panels according to referenced gypsum board application and finishing standard and manufacturer's written recommendations. 3.6 SINGLE LAYER APPLICATION A. Partition/Walls: Apply gypsum board vertically with vertical joints located over supports, but offset at least one stud space on opposite faces of partition/walls: Use maximum practical length boards to minimize end joints. B. Wall Tile Base: Where drywall is base for thin-set ceramic tile and similar rigid applied wall finishes, install water resistant gypsum backing board. Space fasteners not more than 8-inches on center. 1. At toilet room wall areas, install water-resistant backing board units. Apply with uncut long edge at bottom of work. Shim-out water-resistant backing board at concealed areas to receive mirrors with 1/4-inch wallboard placed against stud an then cover with water-resistant backing board. Seal edges, cut- edges and penetrations of each piece with water-resistant adhesive or, where recommended by backing board manufacturer, with water-resistant joint compound. C. Ceilings: Apply gypsum board with long dimension at right angles to supports with end joints located over supports. Use maximum practical length boards to minimize end joints. Stagger end joints in alternate courses of boards and locate as far away from center of ceiling as possible. 3.7 DOUBLE LAYER APPLICATION A. Mechanically Fastened Layers: Fasten both layers to supports with screws. For base layer, do not exceed 24-inches on center spacing at edges and intermediate supports, and for face layer do not exceed 16-inches on center spacing along supports of non-fire rated construction. At fire rated construction, comply with requirements of fire rated design indicated. B. On walls, apply both layers vertically with vertical joints staggered on opposite side of partitions and offset not less than 12-inches between layers. CITY OF PEARLAND GYPSUM BOARD ASSEMBLIES WESTSIDE LIBRARY 09250 -7 STORE FRONT WAG PROJECT NO. 12188 C. On ceilings, apply first layer as specified for single layer application prior to wall face layer application; apply face layer on ceiling, offsetting joint between layer at least one back-up member spacing in both directions. 3.8 INSTALLATION OF DRYWALL TRIM AND ACCESSORIES, GENERAL A. Where feasible, use the same fasteners, to anchor trim accessory flanges as required to fasten gypsum board to the supports. Otherwise, fasten flanges by nailing or stapling in accordance with manufacturer's instructions and recommendations. 1. Install metal corner beads at external corners of drywall work. 2. Install metal edge trim whenever edge of gypsum board would otherwise be exposed or semi-exposed. Provide type with face flange to receive joint compound. Install L-type trim where work is tightly abutted to other work, and install special kerf-type where other work is kerfed to receive long leg of L-type trim. Install U-type trim where edge is exposed, revealed, gasketed, or sealant- filled (including expansion joints). Locate control joints (expansion joints) at the following locations and as indicated on the drawings: a. Where a partition, furring, or column fireproofing abuts a structural element; b. Where a ceiling or soffit abuts a structural element, dissimilar wall or partition, or other vertical penetration; c. Where construction changes within the plane of the partition or ceiling; d. Where a partition or ceiling run exceeds 30 feet; e. Where ceiling dimensions exceed 50 feet in either direction with perimeter relief, or 30 feet without perimeter relief; f. Where wings of L-, U-, and T-shaped ceiling areas are joined. 3. Install extruded aluminum trim at locations indicated. Cope and miter joints for neat appearance without voids. 3.9 FINISHING GYPSUM BOARD ASSEMBLIES A. Apply treatment at gypsum board joints (both directions), flanges of trim accessories, penetrations, fastener heads, surface defects, and elsewhere as required to prepare work for decoration. Prefill open joints and rounded or beveled edges, if any, using type of compound recommended by manufacturer. B. Exposed Drywall to Receive Paint and Other Finishes (Except Tile): Apply joint compound in 3 coats (not including prefill of openings in base), and sand between last two coats and after last coat. C. Concealed Drywall: Omit third coat and sanding on concealed drywall work that is not indicated for drywall finishing or for which finishing is not required to achieve fire- resistance rating, sound rating or to act as air or smoke barrier. D. Water-Resistant Backing Board Tiled Areas: Comply with recommendations of gypsum �'� backing board manufacturer for treatment of joints behind ceramic tile. �` 1. Treat fastener heads with water-resistant joint compound. CITY OF PEARLAND GYPSUM BOARD ASSEMBLIES WESTSIDE LIBRARY 09250 - 8 STORE FRONT WAG PROJECT NO. 12188 2. Fill tapered edges in gypsum panels with water-resistant joint compound, embed joint tape firmly and wipe off excess compound; follow immediately with a second coat of water-resistant joint compound over taping coat, being careful not to crown the joint. 3. Fold and embed tape in all interior angles to form true angles. 4. In water-resistant backing board areas not to be tiled, treat fastener heads and embed tape as indicated above using water-resistant joint compound but finish with two coats of joint compound used for regular gypsum board work. E. Provide the following levels of gypsum board finish per ASTM C 840 and GA-214: • 1. Level 0: Gypsum board within unfinished areas; taping, floating and trim is not required. 2. Level 1: Gypsum board within ceiling plenum areas, concealed areas, unless a higher finish is required for fire resistance rated assemblies and sound rated assemblies. 3. Level 2: Gypsum board substrates to receive ceramic tile and similar solid finish materials. 4. Level 3: Gypsum board ceiling and wall surfaces specified to receive flat and satin paint or heavily textured wall coverings over non-textured surfaces. 5. Level 4: Gypsum board wall surfaces to receive flat or semi-gloss paint and light textured wall coverings. 6. Level 5: Gypsum board ceiling and wall surfaces specified to receive gloss paint and other reflective applied finishes over non-textured surfaces. Use at surfaces to receive Visual Display Surfaces. END OF SECTION CITY OF PEARLAND TILE WESTSIDE LIBRARY 09300 - 1 Cdeb\' STORE FRONT WAG PROJECT NO. 12188 SECTION 09300. TILE PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes furnishing and installing: 1. Thin set porcelain paver tile at floor areas indicated. 2. Thin set glazed ceramic tile at wall areas indicated. 3. Dry set mortars for thin set floor tile. 4. Organic adhesive for wall tile installation. 5. Grout. 1.3 RELATED WORK A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.4 SUBMITTALS A. Product Data: Submit product data for each tile material and accessory required, including specifications showing compliance with requirements. B. Samples: Submit grout color samples. 1.5 EXTRA MATERIALS A. Furnish extra materials described below that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. 1. Tile and Trim Units: Furnish quantity of full-size units equal to 3 percent of amount installed, for each type, composition, color, pattern, and size indicated. PART 2 - PRODUCTS 2.1 PRODUCTS AND MANUFACTURERS A. Tile Units: Refer to Drawings for selections including all accessory pieces for cove base, corners, and bullnose top and accent tiles, or approved equal. Cimb\' 2.2 SETTING MATERIALS, GROUT AND ACCESSORIES CITY OF PEARLAND TILE WESTSIDE LIBRARY 09300 -2 STORE FRONT WAG PROJECT NO. 12188 A. Use the following setting materials and grout in accordance with ANSI A 108 series installation specifications indicated and Tile Council of American "Ceramic Tile: The Installation Handbook." B. Dry-Set Mortar (Thin Set Floors): Bostik "Tile-Mate 710/713" with "Hydroment Multi- Purpose Acrylic Additive," complying with ANSI A 118.1 and ANSI A 108.5 installation specifications. Subject to compliance with requirements, provide equivalent products by C-Cure, Mapei or Texas Cement Products will be acceptable as approved. C. Organic Tile Adhesive (Thin Set Walls): Bostik "7001 Mastic," complying with ANSI A 136.1, Type I, and ANSI A 108.4 installation specifications. Subject to compliance with requirements, provide equivalent products by C-Cure, Mapei or Texas Cement Products will be acceptable as approved. D. Grout: Bostik "Dry Tile Grout" (Unsanded) and "Ceramic Tile Grout" (Sanded), in color as selected by Architect, and complying with ANSI A118.6. Subject to compliance with requirements, provide equivalent products by C-Cure, Mapei or Texas Cement Products will be acceptable as approved. Install grout in accordance with ANSI A108.10 installation specifications. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine the areas and conditions under which ceramic tile work is to be applied and do not proceed with the work until unsatisfactory conditions have been corrected in an acceptable manner. 3.2 PREPARATION A. Preparation of Subfloors: Prior to start of applying ceramic tile work, broom clean, or vacuum surfaces to be covered and inspect the subfloor. Correct out of tolerance concrete substrates, create ramps and transitions as necessary to provide smooth trip free transitions between tile wok and related work of other sections. B. Start of application operations will indicate acceptance of surface conditions and full responsibility for the completed work. 3.3 INSTALLATION A. Comply with the applicable parts of ANSI A 108 series of tile installation standards included under "American National Standard Specifications for the Installation of Ceramic Tile" and the Tile Council of North America "Ceramic Tile: The Installation Handbook." 1. Dry-Set (Thin-Set) Floor Tile: ANSI A108.5. 2. Organic Adhesive Set Wall Tile: ANSI A 108.4. 3. Sanded and Dry-Set Tile Grout: ANSI A108.10 B. Handle, store, mix, and apply proprietary setting and grouting materials in compliance "Th with the manufacturer's instructions. CITY OF PEARLAND TILE WESTSIDE LIBRARY 09300 - 3 STORE FRONT WAG PROJECT NO. 12188 C. Extend tile work into recesses and under fixtures to form a complete covering without interruptions. Terminate work neatly at obstructions, edges, and corners without disruption of pattern or joint alignment. D. Provide a strip of anti-fracture membrane extending a minimum of 12-inches on both sides of cracks through tile substrates. Install anti-fracture membrane in strict accordance with membrane manufacturer's printed instructions and recommendations. E. Jointing Pattern: Lay tile in grid pattern with joints aligned to produce design indicated. Align joints on floor, base, walls, and trim. Lay out tile work and center tile field in both directions in each space or on each wall area. Adjust to minimize tile cutting. Provide uniform grouted joint widths. F. Expansion and Control Joints: Provide where shown, and as recommended in the TCNA "Handbook for Ceramic Tile Installation." Install removable strips of the same depth as the finished tile system. Remove strips after grouting and curing operations. Refer to Section 07900 for sealants. 3.4 GROUT INSTALLATION A. Use unsanded cement grout for grouting wall and floor tile joints. 3.5 CLEANING A. Unglazed tile may be cleaned with acid solutions only when permitted by the tile and grout manufacturer's printed instructions, but not sooner than ten days after installation. B. Finished Tile Work: Leave finished installation clean and free of cracked, chipped, broken, unbonded, and other defective tile work. C. Protection: Protect installed ceramic tile work with Kraft paper or other heavy covering during the construction period to prevent damage and wear. END OF SECTION CITY OF PEARLAND ACOUSTICAL CEILING SYSTEMS WESTSIDE LIBRARY 09510-1 STORE FRONT WAG PROJECT NO. 12188 SECTION 09510 ACOUSTICAL CEILING SYSTEMS PART 1 -GENERAL 1.1 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to work specified in this Section. 1.2 GENERAL DESCRIPTION OF THE WORK OF THIS SECTION: A. Work includes furnishing and installing acoustical ceilings, suspension systems, and related work. 1.3 RELATED WORK OF OTHER SECTIONS: A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.4 SUBMITTALS C11166'' A. General: Submit each item in this Article according to the Conditions of the Contract and Division 1 Specification Sections. B. Product data for each type of product specified. C. Coordination drawings for reflected ceiling plans drawn accurately to scale and coordinating penetrations and ceiling-mounted items. Show the following: 1. Ceiling suspension system members. 2. Method of attaching suspension system hangers to building structure. 3. Ceiling-mounted items including light fixtures; air outlets and inlets; speakers; sprinklers; and special moldings at walls, column penetrations, and other junctures of acoustical ceilings with adjoining construction. D. Qualification data for firms and persons specified in the "Quality Assurance" Article to demonstrate their capabilities and experience. Include lists .of completed.projects with project names and addresses, names and addresses of architects and owners, and other information specified. E. Product,test reports from a qualified independent testing agency that are based on its testing of. current products for compliance of acoustical ceilings and components with requirements. F. Research reports or evaluation reports of the model code organization acceptable to authorities having jurisdiction that show compliance of acoustical ceilings and components with the building code in effect for the Project. 1.5 QUALITY ASSURANCE . CITY OF PEARLAND ACOUSTICAL CEILING SYSTEMS WESTSIDE LIBRARY 09510-2 STORE FRONT WAG PROJECT NO. 12188 A. Installer Qualifications: Engage an experienced Installer who has completed acoustical ceilings similar in material, design, and extent to that indicated for this Project and with a record of successful in-service performance. B. Single-Source Responsibility for Ceiling Units: Obtain each type of acoustical ceiling unit from a single source with resources to provide products of consistent quality in appearance and physical properties without delaying the Work. C. Single-Source Responsibility for Suspension System: Obtain each type of suspension system from a single source with resources to provide products of consistent quality in appearance and physical properties without delaying the Work. 1. Obtain both acoustical units and suspension system from the same manufacturer. 1.6 DELIVERY, STORAGE,AND HANDLING A. Deliver acoustical units and suspension system components to Project site in original, unopened packages and store them in a fully enclosed space where they will be protected against damage from moisture, direct sunlight, surface contamination, and other causes. B. Before installing acoustical units, permit them to reach room temperature and a stabilized moisture content. C. Handle acoustical units carefully to avoid chipping edges or damaging units in any way. 1.7 PROJECT CONDITIONS A. Space Enclosure and Environmental Limitations: Do not install acoustical ceilings until spaces are enclosed and weatherproof, wet-work in spaces is completed and dry, work above ceilings is complete, and ambient temperature and humidity conditions are being maintained at the levels indicated for Project when occupied for its intended use. 1.8 COORDINATION A. Coordinate layout and installation of acoustical units and suspension system components with other construction that penetrates ceilings or is supported by them, including light fixtures, HVAC equipment, fire-suppression system components (if any), and partition assemblies (if any). 1.9 EXTRA MATERIALS A. Furnish extra materials described below that match products installed, are packaged with protective covering for storage, and are identified with labels clearly describing contents. 1. Acoustical Ceiling Units: Furnish quantity of full-size units equal to 1.0 percent of amount installed. 2. Exposed Suspension System Components: Furnish quantity of each exposed component equal to 1.0 percent of amount installed. PART 2 -PRODUCTS CITY OF PEARLAND ACOUSTICAL CEILING SYSTEMS WESTSIDE LIBRARY 09510-3 STORE FRONT WAG PROJECT NO. 12188 2.1 SUSPENSION SYSTEM MATERIALS AND COMPONENTS: A. Provide metal suspension systems of type, structural classification and finish indicated which comply with applicable ASTM C 635 requirements. B. Provide manufacturer's standard factory-applied finish for type of system indicated. For exposed suspension members and accessories with painted finish, provide color indicated or, if not otherwise indicated, as selected by Architect from manufacturer's full range of standard colors. C. Size attachment devices for 5 times design load indicated.in ASTM C 635, Table 1, Direct Hung. D. Provide concrete inserts formed from hot-dipped galvanized sheet steel and designed for attachment to concrete forms and for embedment in concrete, with holes or loops for attachment at hanger wires. E. Provide galvanized carbon steel hanger wire, ASTM A 641, soft temper, prestretched, Class 1 coating, sized so that stress at 3 times hanger design load (ASTM C 635, Table 1, Direct Hung), will be less than yield stress of wire, but provide not less than 12 gage (0.106" diameter wire). C1166'. 1. Hanger Rods: Mild steel, zinc coated, or protected with rust-inhibitive paint. 2. Flat Hangers: Mild steel, zinc coated, or protected with rust-inhibitive paint. 3. Angle Hangers: Angles with legs not less than 7/8 inch (22 mm) wide; formed with 0.04-inch- (1-mm-) thick, galvanized steel sheet complying with ASTM A 653/A 653M, G90 (Z275) coating designation; with bolted connections and 5/16-inch- (8-mm-) diameter bolts. F. Sheet-Metal Edge Moldings and Trim: Type and profile indicated or, if not indicated, manufacturer's standard moldings for edges and penetrations that fit acoustical panel edge details and suspension systems indicated; formed from sheet metal of same material and finish as that used for exposed flanges of suspension system runners. 1. For lay-in panels with reveal edge details, provide stepped edge molding that forms reveal of same depth and width as that formed between edge of panel and flange at exposed suspension member. 2.2 EXPOSED GRID SYSTEM: A. Provide double web main and cross runners, 1-1/2" deep nominally, with painted aluminum cap. B. For direct hung system, provide "intermediate duty" structural classification_per ASTM C (4116 635. C. For typical (15/16") exposed grid system: 1. Armstrong World Industries, Inc."Prelude" 2. Chicago Metallic."1200 System" CITY OF PEARLAND ACOUSTICAL CEILING SYSTEMS WESTSIDE LIBRARY 09510-4 STORE FRONT WAG PROJECT NO. 12188 3. USG Interiors, Inc. "DXA24" 2.3 ACOUSTIC UNIT MATERIALS: A. Provide units of configuration indicated which are prepared for mounting method designated and which comply with ASTM E 1264 requirements, including those indicated by reference to type, pattern, acoustic ratings, light reflectance coefficient (LR), edge detail, and joint detail (if any). 1. Mounting Method for Measuring Noise Reduction Coefficient (NRC): Type E-400 (plenum mounting in which face of test specimen is 15-3/4 inches away from the test surface) per ASTM E 795. B. Provide lay-in acoustic panels, where indicated, as follows: 1. Armstrong World Industries, Inc. "Cortega" design, Item No. 770, 24" x 24" x 5/8" with square edges on all 4 sides. PART 3 -EXECUTION 3.1 EXAMINATION A. Examine substrates and structural framing to which acoustical panel ceilings attach or abut, with Installer present, for compliance with requirements specified in this and other Sections that affect ceiling installation and anchorage, and other conditions affecting performance of acoustical panel ceilings. 1. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Coordination: Furnish layouts for cast-in-place anchors, clips, and other ceiling anchors whose installation is specified in other Sections. 1. Furnish cast-in-place anchors and similar devices to other trades for installation well in advance of time needed for coordinating other work. B. Measure each ceiling area and establish layout of acoustical panels to balance border widths at opposite edges of each ceiling. Avoid using less-than-half-width panels at borders, and comply with layout shown on reflected ceiling plans. 3.3 INSTALLATION A. General: Install acoustical panel ceilings to comply with publications referenced below per manufacturer's written instructions and CISCA's"Ceiling Systems Handbook." 1. Standard for Ceiling Suspension System Installations: Comply with ASTM C 636. B. Suspend ceiling hangers from building's structural members and as follows: 1. Install hangers plumb and free from contact with insulation or other objects within CITY OF PEARLAND ACOUSTICAL CEILING SYSTEMS WESTSIDE LIBRARY 09510 5 STORE FRONT WAG PROJECT NO. 12188 ceiling plenum that are not part of supporting structure or of ceiling suspension system. 2. Splay hangers only where required to miss obstructions; offset resulting horizontal forces by bracing, countersplaying, or other equally effective means. 3. Splay hangers only where required and, if permitted with fire-resistance-rated ceilings, to miss obstructions; offset resulting horizontal forces by bracing, countersplaying, or other equally effective means. 4. Where width of ducts and other construction within ceiling plenum produces hanger spacings that interfere with location of hangers at spacings required to support standard suspension system members, install supplemental suspension members and hangers in form of trapezes or equivalent, devices. Size supplemental suspension members and hangers to support ceiling loads within performance limits established by referenced standards and publications. 5. Secure wire hangers to ceiling suspension members and to supports above with a minimum of three tight turns. Connect hangers directly either to structures or to inserts, eye screws, or other devices that are secure; that are appropriate for substrate; and that will not deteriorate or otherwise fail due to age, corrosion, or elevated temperatures. 6. Secure flat, angle, channel, and rod hangers to structure, including intermediate framing members, by attaching to inserts, eye screws, or other devices that are secure and appropriate for both structure to which hangers are attached and type of hanger involved. Install hangers in a manner that will not cause them to deteriorate or fail due to age, corrosion, or elevated temperatures. 7. Do not support ceilings directly from permanent metal forms or floor deck. Fasten hangers to cast-in-place hanger inserts, powder-actuated fasteners, or drilled-in anchors that extend through forms into concrete. 8. Do not attach hangers to steel deck tabs. 9. Do not attach hangers to steel roof deck. Attach hangers to structural members. 10. Space hangers not more than 48 inches (1200 mm) o.c. along each member supported directly from hangers, unless otherwise indicated; and provide hangers not more than 8 inches (200 mm)from ends of each member. C. Secure bracing wires to ceiling suspension members and to supports with a minimum of four tight turns. Suspend bracing from building's structural members as required for hangers, without attaching to permanent metal forms, steel deck, or steel deck tabs. Fasten bracing wires into concrete with cast-in-place or postinstalled anchors. D. Install edge moldings and trim of type indicated at perimeter of acoustical ceiling area and where necessary to conceal edges of acoustical panels. 1. Apply acoustical sealant in a continuous ribbon concealed on back of vertical legs of moldings before they are installed. 2. Screw attach moldings to substrate at intervals not more than 16 inches (400 mm) o.c. and not more than 3 inches (75 mm) from ends, leveling with ceiling suspension system to a tolerance of 1/8 inch in 12 feet (3 mm in 3.6 m). Miter corners accurately and connect securely. 3. Do not use exposed fasteners, including pop rivets, on moldings and trim. E. Install suspension system runners so they are square and securely interlocked with one another. Remove and replace dented, bent, or kinked members. F. Install acoustical panels with undamaged edges and fitted accurately into suspension CITY OF PEARLAND ACOUSTICAL CEILING SYSTEMS WESTSIDE LIBRARY 09510 -6 STORE FRONT WAG PROJECT NO. 12188 system runners and edge moldings. Scribe and cut panels at borders and penetrations to provide a neat, precise fit. 1. Protect lighting fixtures and air ducts to comply with requirements indicated for fire- resistance-rated assembly. 3.4 CLEANING A. Clean exposed surfaces of acoustical panel ceilings, including trim, edge moldings, and suspension system members. Comply with manufacturer's written instructions for cleaning and touchup of minor finish damage. Remove and replace ceiling components that cannot be successfully cleaned and repaired to permanently eliminate evidence of damage. END OF SECTION 09510 CITY OF PEARLAND RESILIENT FLOOR TILE WESTSIDE LIBRARY 09651 - 1 (forb STORE FRONT WAG PROJECT NO. 12188 SECTION 09651 RESILIENT FLOOR TILE PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to work specified in this Section. 1.2 GENERAL DESCRIPTION OF THE WORK OF THIS SECTION A. Work includes furnishing and installing resilient flooring, base, accessories, and related work. 1.3 RELATED WORK OF OTHER SECTIONS A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.4 SUBMITTALS A. Submit copies of manufacturer's specifications and installation instructions for each type of resilient (01",, flooring and accessory required. B. Submit samples of each type, color, and finish of resilient flooring and accessory required. Provide 12"square samples of flooring and 6" long samples of accessories: Include full range of flooring color and pattern variation. - C. Submit copies of manufacturer's written instructions for recommended maintenance practices for each type of resilient flooring and accessory. 1.5 JOB CONDITIONS A. Continuously heat areas to receive flooring to 70 deg F for at least 48 hours prior to installation, when Project conditions are such that heating is required. Maintain 70 deg F temperature continuously during and after installation as recommended by flooring manufacturer, but for not less than 48 hours. 1.6 QUALITY ASSURANCE A. Fire-Test-Response Characteristics: Provide products•identical to those tested for fire-exposure behavior per test method indicated by a testing and inspecting agency acceptable to authorities having jurisdiction. 1.7 EXTRA MATERIALS A. Furnish extra materials described below that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. 1. Furnish not less than 5% for each color, pattern and type of resilient flooring installed, and not less than 5%of each base and accessory for each color and type installed. PART2-PRODUCTS CITY OF PEARLAND RESILIENT FLOOR TILE WESTSIDE LIBRARY 09651 -2 STORE FRONT WAG PROJECT NO. 12188 2.1 MATERIALS: A. Vinyl Composition Tile: Provide vinyl composition tile complying with ASTM F 1066, Class 1 or 2 as selected by Architect,wearing surface smooth, and as follows: 1. Size: 12"x 12". 2. Thickness: 1/8". 3. Provide colors and patterns as selected by Architect from manufacturer's Premium grade vinyl composition tile series, including solid colors. B. Base: Provide rubber base complying with ASTM F 1861, Type TS, Group I, vulcanized rubber, with matching end stops and acceptable preformed or molded corner units, as follows: 1. Size:2-1/2"high. 2. Thickness: 1/8"gage. 3. Style: a. Standard top-set cove at resilient flooring. b. Straight base without cove at carpeted areas. 4. Color as selected by Architect from manufacturer's standard color line. C. Provide resilient edge strips, 1/8 thick, homogenous vinyl or rubber composition, tapered or bulinose edge, color to match flooring, or as selected by Architect from standard colors available; not less than 1"wide. D. Provide rubber stair treads, Roppe Corp., molded rubber square nosed Type 80"Rib"design,-of sizes indicated,with matching risers, and landing mats, in color as selected by Architect from manufacturer's standard color line. F. Adhesives (Cements): Waterproof, stabilized type as recommended by flooring manufacturer. Asphalt emulsions and other non-waterproof types not acceptable. E. Concrete Slab Primer: Non-staining type as recommended by flooring manufacturer. PART 3-EXECUTION 3.1 INSPECTION: A. Examine the areas and conditions under which resilient flooring and accessories are to be installed and do not proceed with the work until unsatisfactory conditions have been corrected in an acceptable manner. B. Concrete Subfloors: Verify that concrete slabs comply with ASTM F 710 and the following: 1. Verify that substrates are dry and free of curing compounds, sealers, and hardeners. 2. Remove substrate coatings and other substances that are incompatible with adhesives and that contain soap, wax, oil, or silicone, using mechanical methods recommended by floor tile manufacturer. Do not use solvents. 3. Alkalinity and Adhesion Testing: Perform tests recommended by floor tile manufacturer. Proceed with installation only after substrate alkalinity falls within range on pH scale recommended by manufacturer in writing, but not less than 5 or more than 9 pH. CITY OF PEARLAND RESILIENT FLOOR TILE WESTSIDE LIBRARY 09651 -3 STORE FRONT WAG PROJECT NO. 12188 4. Moisture Testing: Proceed with installation only after substrates pass testing according to floor tile manufacturer's written recommendations, but not less stringent than the following: a. Perform anhydrous calcium chloride test according to ASTM F 1869. Proceed with installation only after substrates have maximum moisture-vapor-emission rate of 3 lb of water/1000 sq. ft. in 24 hours. b. Perform relative humidity test using in situ probes according to ASTM F 2170. Proceed with installation only after substrates have a maximum 75 percent relative humidity level. 5. Subfloors are free of cracks, ridges, depressions, scale, and foreign deposits of any kind. C. Do not proceed with installation until unsatisfactory conditions have been corrected. 3.2 PREPARATION: A. Prior to laying flooring, vacuum-sand concrete floor surfaces to be covered and inspect subfloor. Start of flooring installation will indicate acceptance of subfloor conditions and full responsibility for completed resilient flooring work. B. Apply concrete slab primer, as recommended by flooring manufacturer, prior to application of adhesive. 3.3 INSTALLATION: A. Install flooring after finishing operations, including painting, have been completed and permanent heating system is operating. Moisture content of concrete slabs, building air-temperature, and relative humidity shall be within limits recommended by flooring manufacturer. 1. Place flooring with adhesive cement in strict compliance with flooring and adhesive manufacturer's recommendations. Butt tightly to vertical surfaces, thresholds, nosings, and edgings. Scribe as necessary around obstructions, and to produce neat joints, laid tight, even, and straight. Extend flooring into toe spaces, door reveals, and into closets and similar openings. 2. Tightly cement flooring to subbase without open cracks, voids, raising, and puckering at joints, telegraphing of adhesive spreader marks, or other surface imperfections. B. Lay tile from center marks established with principal walls, discounting minor offsets, so that tile at opposite edges of the room are equal width. Adjust as necessary to avoid use of cut widths less than 3"wide at room perimeters. Lay tile square to room axis, unless otherwise directed. 1. Match tiles for color and pattern by using tile from cartons in same sequence as manufactured and packaged. Cut tile neatly to and around all fixtures. Broken, cracked, chipped, or deformed tile will not be acceptable. 2. Lay tile with grain in tile running in direction as directed by Architect. C. Apply resilient base to walls, columns, pilasters, casework, and other permanent fixtures in rooms and areas where base is required. Install base in as long lengths as practicable, with corner units fabricated from base material with mitered or coped intersections. Tightly bond base to backing throughout the length of each piece,with continuous contact at horizontal and vertical surfaces. 1. On masonry surfaces, and similar irregular surfaces, fill voids along top edge of resilient wall base with manufacturer's recommended adhesive filler material. 2. Place resilient edge strips tightly butted to flooring and secure with adhesive. Install edging strips CITY OF PEARLAND RESILIENT FLOOR TILE WESTSIDE LIBRARY 09651 -4 STORE FRONT WAG PROJECT NO. 12188 to all unprotected edges of flooring, unless otherwise shown. 3.4 CLEANING AND PROTECTION: A. Remove excess adhesive and other surface blemishes, using types of cleaners as recommended by flooring manufacturer. Protect installed flooring from damage by covering with acceptable coverings. B. Just prior to final inspection of the Work, thoroughly clean floors and accessories and apply type of wax and buff as recommended in resilient flooring manufacturer's printed instructions for proper care and finishing of resilient flooring furnished. END OF SECTION 09651 CITY OF PEARLAND CARPET TILE WESTSIDE LIBRARY 09681 - 1 (link' STOREFRONT WAG PROJECT NO. 12188 SECTION 09681 CARPET TILE PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes furnishing and installing carpet tile and accessories. 1.3 RELATED WORK A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.4 SUBMITTALS Csilbs A. Product Data: Submit product data for each carpet material and accessory required, including specifications showing compliance with requirements. B. Shop Drawings: Submit seaming diagrams for the entire work. Indicate dimensions of all spaces indicated to receive carpet, direction of lay of carpet, and location of all seams. C. Samples: Prior to placing orders for carpet, submit samples not less than 12-inch square of each different type of carpet and not less than 12-inch long of each different type of accessory as requested by Architect. D. Attic Stock Material: Furnish minimum 2% of each type of carpet required in carpet manufacturer's unopened wrapping. Carpet trimmings and scraps are not acceptable to fulfill this requirement. 1.5 QUALITY ASSURANCE A. Installer Qualifications: A firm with not less than 5-years successful experience in carpet installations similar in size and type to carpeting work required for this project. B. Field Measurements: Measure each space to receive carpeting, as a basis for supplying, and cutting the carpet. Do not scale the Architect's drawings or calculate sizes from indicated dimensions. 1.6 DELIVERY, STORAGE AND HANDLING A. Deliver materials in original protective packaging with mill register numbers and tags attached. CITY OF PEARLAND CARPET TILE WESTSIDE LIBRARY 09681 - 2 STOREFRONT WAG PROJECT NO. 12188 B. Store inside, in well ventilated area, protected from water, moisture and soiling. 1.7 SEQUENCING AND SCHEDULING A. Sequence and schedule carpeting with other work to minimize the possibility of damage and soiling of carpet during the remainder of the construction period. PART 2 - PRODUCT 2.1 PRODUCTS AND MANUFACTURER A. Carpet Tile Type: Refer to Drawings B. Adhesive: Provide low chemical emission, release type, water-resistant adhesives, and substrate sealers recommended by the carpet manufacturer in writing for the substrates and installation conditions required for this Project. C. Accessories: Provide Mercer"Royal Commercial C/E" No. 101 carpet bar and "Imperial Reducer" No. 101 vinyl reducing strip, or approved equivalent. D. Self-Leveling Concrete Underlayment: Provide SikaTop 111 Plus two component polymer modified fast setting screed mortar or Ardex SD-T. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine areas and conditions under which flooring and accessories are to be installed and do not proceed with work until unsatisfactory conditions have been corrected in an acceptable manner. B. Confirm that concrete has cured a minimum of 60-days prior to scheduling installation. of flooring and that no rain or water from all sources has been allowed to stand on concrete floor areas scheduled to receive flooring materials for a minimum of 30-day prior to flooring installation. C. Moisture Vapor Emission Tests: Test each 1,000-sq. ft. (92.9-m2) of flooring substrate, or portion thereof, with an anhydrous calcium chloride test kit equivalent to the Vaprecision Test Kit produced by Vaprecision Professional Vapor Emission Testing Systems, Newport Beach, CA (Tel) 800-449-6194. 1. Conduct tests for a minimum of 72 hours in accordance with the test kit manufacturers printed instructions. 2. An emission rate of less than 3.0-Ib./1,000 sq. ft. (14.6-kg/m2) in 24 hours indicates that substrate is acceptable for flooring installation. 3. If emission rates are 3.0-Ib./1,000 sq. ft. (14.6-kg/m2) in 24 hours or greater anywhere in the area tested, submit a written test report to Architect and Owner within 24 hours, indicating the type of test kit used and the test results at each location tested. CITY OF PEARLAND CARPET TILE WESTSIDE LIBRARY 09681 - 3 STOREFRONT WAG PROJECT NO. 12188 4. In addition, submit a proposal to furnish and install a vapor emission control penetrant system, or a vapor emission control coating system, or a vapor emission control dispersal membrane system as dictated by test .results and produced by Floor Seal Technology, Inc., San Jose, CA (Tel) 800-572-2344, or one of the appropriate "VaprStop" fast-cure epoxy concrete water vapor sealer system produced by DuPont Flooring Systems, Kennesaw, GA (Tel) 800-438- 7668, or www.dupontcommercial.com. D. pH Tests: Two days prior to scheduled flooring installation date, test each 1,000-sq. ft. (92.9-m2) of flooring substrate, or portion thereof to determine the pH of concrete substrates to receive flooring has a pH of about9.0 in accordance with ASTM F 710. 1. Confirm that tests of pH levels are within limits permitted by flooring adhesive manufacturer prior to installation of flooring. 2. Do not grind, shot blast, or perform similar operations that will remove the top surface of cured concrete substrates scheduled to receive flooring unless specifically recommended by the flooring adhesive manufacturer in writing to correct a specific concrete substrate deficiency. 3.2 PREPARATION A. General: Comply with CRI 104, Section 6.2, "Site Conditions; Floor Preparation," and carpet tile manufacturer's written installation instructions for preparing substrates indicated to receive carpet tile installation. B. Use trowelable leveling and patching compounds, according to manufacturer's written instructions, to fill cracks, holes, and depressions in substrates. C. Remove coatings, including curing compounds, and other substances that are incompatible with adhesives and that contain soap, wax, oil, or silicone, without using solvents. Use mechanical methods recommended in writing by carpet tile manufacturer. D. Broom and vacuum clean substrates to be covered immediately before installing carpet tile. After cleaning, examine substrates for moisture, alkaline salts, carbonation, or dust. Proceed with installation only after unsatisfactory conditions have been corrected. 3.3 INSTALLATION A. General: Comply with CRI 104, Section 13, "Carpet Modules (Tiles)." B. Installation Method: Glue-down; install every tile with releasable adhesive. C. Cut and fit carpet tile to butt tightly to vertical surfaces, permanent fixtures, and built-in furniture including cabinets, pipes, outlets, edgings, thresholds, and nosings. Bind or seal cut edges as recommended by carpet tile manufacturer. D. Extend carpet tile into toe spaces, door reveals, closets, open-bottomed obstructions, removable flanges, alcoves, and similar openings. CITY OF PEARLAND CARPET TILE WESTSIDE LIBRARY 09681 -4 ,. STOREFRONT WAG PROJECT NO. 12188 E. Maintain reference markers, holes, and openings that are in place or marked for future cutting by repeating on finish flooring as marked on subfloor. Use nonpermanent, nonstaining marking device. F. Install pattern parallel to walls and borders. 3.4 CLEANING AND PROTECTION A. Perform the following operations immediately after installing carpet tile: 1. Remove excess adhesive, seam sealer, and other surface blemishes using cleaner recommended by carpet tile manufacturer. 2. Remove yarns that protrude from carpet tile surface. 3. Vacuum carpet tile using commercial machine with face-beater element. B. Protect installed carpet tile to comply with CRI 104, Section 15, "Protection of Indoor Installations." C. Protect carpet tile against damage from construction operations and placement of equipment and fixtures during the remainder of construction period. Use protection methods indicated or recommended in writing by carpet tile manufacturer. END OF SECTION CITY OF PEARLAND PAINTING WESTSIDE LIBRARY 09900- 1 Cm") STORE FRONT WAG PROJECT NO. 12188 SECTION 09900 PAINTING PART 1 -GENERAL 1.1 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to work specified in this Section. 1.2 GENERAL DESCRIPTION OF THE WORK OF THIS SECTION: A. Work includes painting and finishing of interior exposed items and surfaces throughout the Project, except as otherwise indicated. Surface preparation, priming, and coats of paint specified are in addi- tion to shop-priming and surface treatment specified under other Sections of Work. B. Work also includes field painting of all bare and covered pipes and ducts exposed to view (including color coding), and of hangers, exposed steel and iron work, and primed metal surfaces of equipment installed under mechanical and electrical work, except as otherwise specified. C. "Paint" as used herein means all coating systems materials, including primers, emulsions, enamels, stains, sealers and fillers, and other applied materials whether used as prime, intermediate, or finish coats. Cm"' 1. "Substrate" as used herein means the surface to which paint is to be applied. In the case of existing previously painted surfaces, substrate means the surface to which the existing paint was applied. D. Except where natural finish of material is specifically noted as a surface not to be painted, paint exposed surfaces whether or not colors are designated in "schedules". Where items or surfaces are not specifically mentioned, paint the same as similar adjacent materials or areas. If color or finish is not designated,Architect will select these from standard and custom colors or finishes available. E. Following categories of work are not included as part of field applied painting finish work. 1. Pre-Finished Items: Unless otherwise indicated, do not include painting when factory-finishing or installer-finishing is specified for such items as (but not limited to) metal toilet enclosures, acoustic materials, architectural woodwork and casework, elevator equipment (excluding entrances), finished mechanical and electrical equipment including light fixtures, switchgear and distribution cabinets, and similar elements of the Work. 2. Concealed Surfaces: Unless otherwise indicated, painting is not required on surfaces such as walls or ceilings in concealed areas and inaccessible areas such as foundation spaces, furred areas, pipe spaces, duct shafts, and elevator shafts. 3. Finished Metal Surfaces: Unless otherwise indicated, metal surfaces of anodized aluminum, stainless steel, chromium plate, copper, bronze, and similar finished materials will not require finish painting. 4. Operating Parts: Do not paint moving parts of operating units, mechanical and electrical parts, such as valve and damper operators, linkages, sinkages, sensing devices, motor and fan shafts, and sprinkler heads, unless otherwise specified. 5. Do not paint over code-required labels, such as Underwriters Laboratories and Factory Mutual,or equipment identification, performance rating, name,or nomenclature plates. 1.3 DEFINITIONS CITY OF PEARLAND PAINTING WESTSIDE LIBRARY 09900-2 STORE FRONT WAG PROJECT NO. 12188 A. General: Standard coating terms defined in ASTM D 16 apply to this Section. 11 1. Flat refers to a lusterless or matte finish with a gloss range below 15 when measured at an 85- degree meter. 2. Eggshell refers to low-sheen finish with a gloss range between 5 and 20 when measured at a 60- degree meter. 3. Satin refers to low-sheen finish with a gloss range between 15 and 35 when measured at a 60- degree meter. 4. Semigloss refers to medium-sheen finish with a gloss range between 30 and 65 when measured at a 60-degree meter. 5. Full gloss refers to high-sheen finish with a gloss range more than 65 when measured at a 60- degree meter. 1.4 RELATED WORK OF OTHER SECTIONS: A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.5 QUALITY ASSURANCE: A. For each finish system, provide primers and other undercoat material produced by same manufacturer as finish coats. Use only thinners approved by coating manufacturer, and use only within recommended limits. B. Review other Sections of these Specifications in which prime paints are to be provided to ensure compatibility of total coating systems for various substrates. Upon request, furnish information on characteristics of specified finish materials,to ensure that compatible prime coats are used. 1.6 SUBMITTALS: A. Submit manufacturer's technical information, including paint label analysis and application instructions for each material proposed for use. 1. Material List: Provide an inclusive list of required coating materials. Indicate each material and cross-reference specific coating, finish system, and application. Identify each material by manufacturer's catalog number and general classification. 2. Manufacturer's Information: Provide manufacturer's technical information, including label analysis and instructions for handling, storing, and applying each coating material proposed for use. 3. Certification by the manufacturer that products supplied comply with local regulations controlling use of volatile organic compounds(VOCs). B. Submit to the Architect a paint color selection chart on form identical to that included at the end of this Section. Include each room or area designation by name and number, the manufacturer of the paint proposed for use, and the manufacturer's name and number designation of primer and topcoats, or the alphanumeric"System"designation,to be applied. Do not fill in the"Topcoat Color"column. 1. Provide a separate line item entry for each area indicated in the Finish Schedule included in the Drawings. 2. Provide a separate line item entry for each different substrate that requires a different painting system within each area. 3. Provide separate line item entries for all other areas and substrates not scheduled that are to receive paint finish. 4. Upon receipt of the Submittal, the Architect will select colors for each line item and fill in the "Topcoat Color"information prior to return of the Submittal to the Contractor. CITY OF PEARLAND PAINTING WESTSIDE LIBRARY 09900-3 CiNib\ STORE FRONT WAG PROJECT NO. 12188 a. Architect's color selections will not be limited to only one color per room or area to be painted. C. Based on the information in the Color Selection Chart, including topcoat colors selected by the Architect, prepare samples indicated below. Use actual colors when preparing samples and submit for Architect's review of color and texture only. On the back of each sample list the paint manufacturer's name and material identification, and the color name and number of the finish coat. Revise and resubmit samples as directed by Architect until acceptable color, sheen, and texture are achieved. 1. Submit Samples on the following substrates for the Architect's review of color and texture only: a. Plaster: Provide two 4-inch-(100-mm-)square samples for each color and finish. b. Drywall: Provide two 4-inch-(100-mm-)square samples of each color and finish. 2. Benchmark Samples (Mockups): Provide a full-coat benchmark finish sample of each type of coating and substrate required on the Project. Comply with procedures specified in PDCA P5. Duplicate finish of approved prepared samples. a. The Architect will select one room or surface to represent surfaces and conditions for each type of coating and substrate to be painted. (1) Wall Surfaces: Provide samples on at least 100 sq.ft. (9 sq. m)of wall surface. b. After permanent lighting and other environmental services have been activated, apply coatings in this room or to each surface according to the Schedule or as specified. Provide required sheen, color, and texture on each surface. (1) After finishes are accepted, the Architect will use the room or surface to evaluate coating systems of a similar nature. c. Final approval of colors will be from job-applied samples. 1.7 DELIVERY AND STORAGE: A. Deliver materials to Project Site in original, new and unopened containers bearing manufacturer's name, label, and following information: 1. Name or title of material. 2. Fed. Spec. number, if applicable. 3. Manufacturer's stock number and date of manufacturer. 4. Manufacturer's name. 5. Contents by volume,for major pigment and vehicle constituents. 6. Thinning instructions. 7. Application instructions. 8. Color name and number. 9. VOC content. B. Store materials not in actual use in tightly covered containers. Maintain containers used in storage of paint in a clean condition, free of foreign materials and residue. Protect from freezing where necessary. Keep storage area neat and orderly. Remove oily rags and waste daily. C. Take precautions to ensure that workmen and work areas are adequately protected from fire hazards and health hazards resulting from handling, mixing, and application of paints. CITY OF PEARLAND PAINTING WESTSIDE LIBRARY 09900-4 STORE FRONT WAG PROJECT NO. 12188 1.8 EXTRA MATERIALS A. Furnish extra paint materials from the same production run as the materials applied in the quantities described below. Package paint materials in unopened, factory-sealed containers for storage and identify with labels describing contents. Deliver extra materials to the Owner. 1. Quantity: Furnish the Owner with an additional 1 gal. (3.785 L) of each material and color applied. 1.9 GUARANTEE: A. Guarantee painting work for a period of 1 year from Date of Substantial Completion against becoming unserviceable or objectionable in appearance as a result of being defective or non-conforming. Without limiting the guarantee scope,the work shall be guaranteed not to: 1. Noticeably discolor,yellow, streak, bloom, bleach, or darken. 2. Change sheen with excessive speed or irregularity. 3. Peel, crack, blister, or alligator. 4. Release from the substrate or intermediate coats. 5. Chalk or dust excessively. 6. Stay tacky or become tacky. 7. Mildew. PART 2-PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS: A. Subject to compliance with requirements, products of the following manufacturers are acceptable. Do not substitute products of other manufacturers without written acceptance of the Architect. 1. Benjamin Moore and Company(Moore) 2. PPG Industries, Pittsburgh Paints(Pittsburgh) 3. The Sherwin-Williams Company(S-W) 2.2 MATERIALS: A. Provide best quality grade of various types of coatings as regularly manufactured by acceptable paint materials manufacturers. Materials not displaying the manufacturer's identification as a standard, best-grade product will not be acceptable. 1. Federal Specifications establish minimum acceptable quality for paint materials. Provide written certification from paint manufacturer that materials provided meet or exceed these minimums. B. Color Pigments: Pure, non-fading, applicable types to suit substrates and service indicated. 1. Lead content in pigment of primers, undercoats, and finish coats, if any, is limited to contain not more than 0.06% lead, as lead metal based on the total non-volatile (dry-film) of paint by weight. This limitation is extended to interior surfaces and those exterior surfaces, such as stairs, decks, porches, railings, windows, and doors which are readily accessible to children under 7 years of age. PART 3-EXECUTION 3.1 INSPECTION: CITY OF PEARLAND PAINTING WESTSIDE LIBRARY 09900-5 STORE FRONT WAG PROJECT NO. 12188 A. Applicator must examine areas and conditions under which painting work is to be applied and notify Contractor in writing of conditions detrimental to proper and timely completion of work. Do not proceed with work until unsatisfactory conditions have been corrected in a manner acceptable to Applicator. B. Starting of painting work will be construed as Applicator's acceptance of surfaces and conditions within any particular area. C. Do not paint over dirt, rust, scale, grease, moisture, scuffed surfaces, or conditions otherwise detrimental to formation of a durable paint film. 3.2 SURFACE PREPARATION: A. Perform preparation and cleaning procedures in compliance with paint manufacturer's instructions and as herein specified, for each particular substrate condition. 1. Provide barrier coats over incompatible primers or remove and reprime as required. Notify Architect in writing of any anticipated problems in using the specified coating systems with substrates primed by others. 2. Remove hardware, hardware .accessories, machined surfaces, plates, lighting fixtures, and similar items in place and not to be finishpainted, or provide surface-applied protection prior to surface preparation and painting operations. Remove, if necessary, for complete painting of items and adjacent surfaces. Following completion of painting of each space or area, reinstall removed items. 3. Clean surfaces to be painted. before applying paint or surface treatments. Remove oil and grease prior to mechanical cleaning. Program cleaning and painting so that contaminants from cleaning process will not fall onto wet, newly painted surfaces. 4. Seal water stains, ballpoint ink, felt tip marker, pencil marks, and other surface contamination which may bleed through paint,with white shellac or other similar sealer. 5. Mask surfaces not required to be painted. B. Prepare cementitious surfaces of cement plaster to be painted by removing efflorescence, chalk, dust, dirt, grease, oils, and by roughening as required to remove glaze. C. Clean ferrous surfaces, which are not galvanized or shop-coated, of oil,,grease, dirt, loose mill scale and other foreign substances by solvent or mechanical cleaning. 1. Touch up shop applied prime coats wherever damaged or bare,where required by other Sections of these Specifications. Clean and touch up with same type of shop primer... 3.3 MATERIALS PREPARATION: A. Mix and prepare painting materials in accordance with manufacturer's directions. B. Maintain containers used in mixing and application of paint in a clean condition, free of foreign materials and residue. C. Stir materials before application to produce a mixture of uniform density, and stir as required during Criak application. Do not stir surface film into material. Remove film_and, if necessary, strain material before using. 3.4 APPLICATION: A. Apply paint in accordance with manufacturer's directions. Use applicators and techniques•best suited CITY OF PEARLAND PAINTING WESTSIDE LIBRARY 09900-6 STORE FRONT WAG PROJECT NO. 12188 for substrate and type of material being applied. 1. Provide finish coats which are compatible with prime paints used. 2. Apply additional coats when undercoats, stains, or other conditions show through final coat of paint, until paint film is of uniform finish, color, and appearance. Give special attention to ensure that surfaces, including edges, corners, crevices,welds, and exposed fasteners receive a dry film thickness equivalent to that of flat surfaces. 3. Paint surfaces behind movable equipment and furniture same as similar exposed surfaces. Paint surfaces behind permanently fixed equipment or furniture with prime coat only before final installation of equipment. 4. Paint interior surfaces of ducts, where visible through registers or grilles, with a flat, non-specular black paint. 5. Paint back sides of access panels and removable or hinged covers to match exposed surfaces. B. Apply first-coat material to surfaces that have been cleaned, pretreated or otherwise prepared for painting as soon as practicable after preparation and before subsequent surface deterioration. 1. Allow sufficient time between successive coatings to permit proper drying. Do not recoat until paint has dried to where it feels firm, does not deform or feel sticky under moderate thumb pressure, and application of another coat of paint does not cause lifting or loss of adhesion of the undercoat. C. Apply materials at not less than manufacturer's recommended spreading rate, to establish a total dry film thickness as indicated or, if not indicated, as recommended by coating manufacturer. D. Apply prime coat of material which is required to be painted or finished, and which has not been prime coated by others. Recoat primed and sealed surfaces where there is evidence of suction spots or unsealed areas in first coat, to assure a finish coat with no bum-through or other defects due to insufficient sealing. E. Completely cover substrate to provide an opaque, smooth surface of uniform finish, color, appearance and coverage. Cloudiness, spotting, holidays, laps, brush marks, runs, sags, ropiness or other surface imperfections will not be acceptable. F. Match accepted samples for color, texture and coverage. Remove, refinish, or repaint work not in compliance with specified requirements. 3.5 CLEAN-UP AND PROTECTION: A. During progress of work, remove from Site discarded paint materials, rubbish, cans and rags at end of each work day. B. Protect work of other trades, whether to be painted or not, against damage by painting and finishing work. Correct any damage by cleaning, repairing or replacing, and repainting, as acceptable to Architect. 1. Provide "Wet Paint" signs as required to protect newly-painted finishes. Remove temporary protective wrappings provided by others for protection of their work, after completion of painting operations. 2. At completion of work of other trades, touch up and restore all damaged or defaced painted surfaces. Comply with procedures specified in PDCA P1. 3.6 INTERIOR PAINT SCHEDULE: A. Interior Ferrous Metal: CITY OF PEARLAND PAINTING WESTSIDE LIBRARY 09900-7 rib\' STORE FRONT WAG PROJECT NO. 12188 1. Latex Semi-Gloss Low Odor Finish: 2 finish coats over primer. a. Primer: Latex-Based Interior Low-Odor White Primer. Moore: Eco Spec Interior Latex Primer Sealer 231 Pittsburgh: Pure Performance Primer 9-2 S-W: Harmony Low Odor Interior Latex Primer B11W900 b. First and Second Finish Coats: Latex-Based Interior Semi-Gloss Enamel Moore: Eco Spec Interior Latex Semi Gloss 224 Pittsburgh: Pure Performance Semi-Gloss 9-510. S-W: Harmony Low Odor Interior Latex Semi-Gloss, B10 Series. B. Interior Gypsum Drywall Systems: 1. Latex Eggshell Low-Odor Finish: 2 finish coats over primer. a. Primer: Latex-Based Interior Low-Odor White Primer. Moore: Eco Spec Interior Latex Primer Sealer 231. Pittsburgh: Pure Performance Primer 9-2 ro.N S-W: Harmony Low Odor Interior Latex Primer B11W900. b. First and Second Finish Coats: Latex-Based Interior Eggshell Enamel. Moore: Eco Spec Interior Latex Eggshell Enamel 223 Pittsburgh: Pure Performance Eggshell Latex 9-411 S-W: Harmony Low Odor Interior Latex Eg-Shell B9 Series. END OF SECTION CITY OF PEARLAND PAINTING WESTSIDE LIBRARY 09900-8 STORE FRONT WAG PROJECT NO. 12188 PAINT COLOR SELECTION CHART Room or Area Painting System Primer/Topcoat or Topcoat Designation Manufacturer "System"designation Color(s) 1 Remove and photocopy this page for use as submittal. CITY OF PEARLAND PREFINISHED PANELS WESTSIDE LIBRARY 09985- 1 STORE FRONT WAG PROJECT NO. 12188 SECTION 09985 PREFINISHED PANELS PART 1 -GENERAL 1.1 SUMMARY A. Section Includes: Prefinished polyester glass reinforced plastic sheets and adhered to unfinished gypsum wallboard. 1. PVC trim, except provide clear anodized aluminum trim at horizontal edges of material change. 1.2 RELATED SECTIONS A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.3 REFERENCES A. American Society for Testing and Materials: Standard Specifications (ASTM) 1. ASTM D 256- Izod Impact Strengths(ft#/in) 2. ASTM D 570- Water Absorption (%) 3. ASTM D 638- Tensile Strengths (psi)&Tensile Modulus (psi) 4. ASTM D 790- Flexural Strengths(psi) &Flexural Modulus(psi) 5. ASTM D 2583- Barcol Hardness 6. ASTM D 5319 -Standard Specification for Glass-Fiber Reinforced Polyester Wall and Ceiling Panels. 7. ASTM E 84-Standard Test Method for Surface Burning Characteristics of Building Materials. 1.4 SUBMITTALS A. Product Data: Submit sufficient manufacturer's data to indicate compliance with these specifications,-including: 1. Preparation instructions and recommendations. 2. Storage and handling requirements and recommendations. 3. Installation methods. B. Shop Drawings: Submit elevations of each wall showing location of paneling and trim members with respect to all discontinuities in the wall elevation. C. Selection Samples: Submit manufacturer's standard color pattern selection samples representing manufacturer's full range of available colors and patterns. CI"\ D. Manufacturers Material Safety Data Sheets (MSDS)for adhesives and sealants prior to their delivery to the site. CITY OF PEARLAND PREFINISHED PANELS WESTSIDE LIBRARY 09985-2 STORE FRONT WAG PROJECT NO. 12188 ^1 1.5 QUALITY ASSURANCE A. Conform to building code requirements for interior finish for smoke and flame spread requirements as tested in accordance with: 1. ASTM E 84 (Method of test for surface burning characteristics of building Materials) a. Wall Required Rating—Class A. B. Sanitary Standards: System components and finishes to comply with: 1. United States Department of Agriculture (USDA) requirements for food preparation facilities, incidental contact. 2. Food and Drug Administration (FDA) 1999 Food Code 6-101.11. 3. Canadian Food Inspection Agency(CFIA) requirements. 1.6 DELIVERY, STORAGE AND HANDLING A. Deliver materials factory packaged on strong pallets. B. Store panels and trim lying flat, under cover and protected from the elements. Allow panels to acclimate to room temperature (70°)for 48 hours prior to installation. 1.7 PROJECT CONDITIONS A. Environmental Limitations: Building are to be fully enclosed prior to installation with sufficient heat(70°)and ventilation consistent with good.working conditions for finish work 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 adhesive manufacturer. 1. Provide ventilation to disperse fumes during application of adhesive as recommended by the adhesive manufacturer. PART 2 -PRODUCTS 2.1 ACCEPTABLE MANUFACTURER A. Marlite; 202 Harger Street, Dover, OH 44622. 800-377-1221 FAX(330) 343-4668 Email: info@marlite.com www.marlite.com. B. Product: 1. Standard FRP 2.2 PANELS A. Fiberglass reinforced thermosetting polyester resin panel sheets complying with ASTM D 5319. 1. Coating: Multi-layer print, primer and finish coats or applied over-layer. 2. Dimensions: a. Thickness—0.090 inch (2.29mm) nominal CITY OF PEARLAND PREFINISHED PANELS WESTSIDE LIBRARY 09985-3 STORE FRONT WAG PROJECT NO. 12188 b. Width-4'-0" (1.22m) nominal c. Length-As indicated on the drawings 3. Tolerance: a. Length and Width: +/-1/8 inch (3.175mm) b. Square- Not to exceed 1/8 inch for 8 foot(2.4m) panels or 5/32 inch (3.96mm)for 10 foot(2.4m) panels B. Properties: Resistant to rot, corrosion, staining, denting, peeling, and splintering. 1. Flexural Strength - 1.0 x 104 psi per ASTM D 790. (7.0 kilogram-force/square millimeter) 2. Flexural Modulus-3.1 x 105 psi per ASTM D 790. (217.9 kilogram-force/square millimeter) 3. Tensile Strength-7.0 x 103 psi per ASTM D 638. (4.9 kilogram-force/square millimeter) 4. Tensile Modulus- 1.6 x 105 psi per ASTM D 638. (112.5 kilogram-force/square millimeter) 5. Water Absorption -0.72% per ASTM D 570. 6. Barcol Hardness (scratch resistance)of 35 55 as per ASTM D 2583. 7. Izod Impact Strength of 72 ft. lbs./in ASTM D 256 C. Back Surface: Smooth. Imperfections which do not affect functional properties are not cause for rejection. _ D. Front Finish: In accordance with preapproved sample. Color: 100 White. 2.3 MOLDINGS (gal\ A. PVC: Extruded PVC Trim Profiles for.090 inch thick panels. 1. M 350 Inside Corner , 2. M 360 Outside Corner 3. M 365 Division 4. Color: To match panels. B. Bright Anodized Aluminum edge moldings equal to F570 at horizontal edges of material change. 2.4 ACCESSORIES A. Fasteners: Non-staining nylon drive rivets. 1. Match panel colors. 2. Length to suit project conditions. B. Adhesive: Either of the following construction adhesives complying with ASTM C 557. 1. Marlite C-551 FRP Adhesive -Water-resistant, non-flammable adhesive C. Sealant: 1. Marlite Brand MS-250 Clear Silicone Sealant CITY OF PEARLAND PREFINISHED PANELS WESTSIDE LIBRARY 09985-4 STORE FRONT WAG PROJECT NO. 12188 PART 3 -EXECUTION 3.1 PREPARATION 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. 1. Verify that stud spacing does not exceed 24 inch (61cm) on-center. B. Repair defects prior to installation. 1. Level wall surfaces to panel manufacturer's requirements. Remove protrusions and fill indentations. 3.2 INSTALLATION A. Comply with manufacturer's recommended procedures and installation sequence. B. Cut sheets to meet supports allowing 1/8" inch (3 mm) clearance for every 8 foot(2.43m) of panel. 1. Cut and drill with carbide tipped saw blades or drill bits, or cut with shears. 2. Pre-drill fastener holes 1/8 inch (3.175mm) oversize with high speed drill bit. a. Space at 8 inches (20.32cm) maximum on center at perimeter, approximately 1 inch from panel edge. b. Space at in field in rows 16 inches(40.64cm) on center, with fasteners spaced at 12 inches (30.48 cm) maximum on center. C. Apply panels to board substrate, above base, vertically oriented with seams plumb and pattern aligned with adjoining panels. 1. Install panels with manufacturer's recommended gap for panel field and corner joints. a. Adhesive trowel and application method to conform to adhesive manufacturer's recommendations. b. Drive fasteners for snug fit. Do not over-tighten. D. Apply panel moldings to all panel edges using silicone sealant providing for required clearances. 1. All moldings must provide for a minimum 1/8 inch (3.18mm) of panel expansion at joints and edges, to insure proper installation. 2. Apply sealant to all moldings, channels and joints between the system and different materials to assure watertight installation. 3.3 CLEANING A. Remove excess sealant from panels and moldings. Wipe panel down using a damp cloth and mild soap solution or cleaner. B. Refer to manufacturer's specific cleaning recommendations Do not use abrasive cleaners. END OF SECTION CITY OF PEARLAND TOILET COMPARTMENTS CallikhN\, WESTSIDE LIBRARY 10160-1 STORE FRONT WAG PROJECT NO. 12188 SECTION 10160 TOILET COMPARTMENTS PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Phenolic-core toilet compartments. B. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.3 ACTION SUBMITTALS A. Product Data: For each type of product indicated. Include construction details, material descriptions, dimensions of individual components and profiles, and finishes. B. Shop Drawings: For toilet compartments. Include plans, elevations, sections, details, and attachments to other work. 1. Show locations of centerlines of toilet fixtures. 2. Show ceiling grid and overhead support or bracing locations. C. Samples for Initial Selection: For each type of unit indicated. Include Samples of hardware and accessories involving material and color selection. D. Samples for Verification: For the following products, in manufacturer's standard sizes unless otherwise indicated: 1. Each type of material, color, and finish required for units, prepared on 6-inch- (152-mm-) square Samples of same thickness and material indicated for Work. 2. Each type of hardware and accessory. 1.4 INFORMATIONAL SUBMITTALS A. Product Certificates: For each type of toilet compartment,from manufacturer. TOILET COMPARTMENTS 102113 - 1 CITY OF PEARLAND TOILET COMPARTMENTS WESTSIDE LIBRARY 10160-2 STORE FRONT WAG PROJECT NO. 12188 1.5 CLOSEOUT SUBMITTALS A. Maintenance Data: For toilet compartments to include in maintenance manuals. 1.6 QUALITY ASSURANCE A. Comply with requirements in GSA's CID-A-A-60003, "Partitions, Toilets, Complete." B. Surface-Burning Characteristics: As determined by testing identical products according to ASTM E 84, or another standard acceptable to authorities having jurisdiction, by a qualified testing agency. Identify products with appropriate markings of applicable testing agency. 1. Flame-Spread Index: 25 or less. 2. Smoke-Developed Index: 450 or less. C. Regulatory Requirements: Comply with applicable provisions in the U.S. Architectural & Transportation Barriers Compliance Board's "Americans with Disabilities Act (ADA) and Architectural Barriers Act (ABA) Accessibility Guidelines for Buildings and Facilities", and applicable regulations. 1.7 PROJECT CONDITIONS A. Field Measurements: Verify actual locations of toilet fixtures,walls, columns, ceilings, and other construction contiguous with toilet compartments by field measurements before fabrication. PART 2-PRODUCTS 2.1 MATERIALS A. Aluminum Castings: ASTM B 26/B 26M. B. Aluminum Extrusions: ASTM B 221 (ASTM B 221M). C. Stainless-Steel Sheet: ASTM A 666,Type 304, stretcher-leveled standard of flatness. D. Zamac: ASTM B 86, commercial zinc-alloy die castings. E. Adhesives: Manufacturer's standard product that complies with the testing and product requirements of the California Department of Health Services'"Standard Practice for the Testing of Volatile Organic Emissions from Various Sources Using Small-Scale Environmental Chambers." 2.2 PHENOLIC-CORE UNITS A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Accurate Partitions Corporation. TOILET COMPARTMENTS 102113 -2 CITY OF PEARLAND TOILET COMPARTMENTS (11111 WESTSIDE LIBRARY 10160-3 STORE FRONT WAG PROJECT NO. 12188 2. American Sanitary Partition Corporation. 3. Ampco, Inc. 4. Bobrick Washroom Equipment, Inc. 5. Bradley Corporation; Mills Partitions. 6. Global Steel Products Corp. 7. Knickerbocker Partition Corporation. 8. Metpar Corp. 9. Partition Systems Incorporated of South Carolina. 10. Sanymetal; a Crane Plumbing company. B. Toilet-Enclosure Style: Ceiling hung. C. Urinal-Screen Style: Wall hung. D. Door, Panel, and Pilaster Construction: Solid phenolic-core panel material with melamine facing on both sides fused to substrate during panel manufacture (not separately laminated), and with eased and polished edges. Provide minimum 3/4-inch- (19-mm-) thick doors and pilasters and minimum 1/2-inch-(13-mm-)thick panels. E. Brackets(Fittings): 1. Stirrup Type: Ear or U-brackets, chrome-plated zamac. 2. Full-Height(Continuous)Type: Manufacturer's standard design; aluminum. F. Pilaster Sleeves (Caps): Fabricated from stainless-steel sheet, not less than 0.031-inch (0.79- rahN, mm) nominal thickness and 3 inches(76 mm) high,finished to match hardware. G. Phenolic-Panel Finish: 1. Facing Sheet Finish: One color and pattern in each room. 2. Color and Pattern: As selected by Architect from manufacturer's full range, with manufacturer's standard through-color core matching face sheet. 2.3 ACCESSORIES A. Hardware and Accessories: Manufacturer's standard design, heavy-duty operating hardware and accessories. 1. Material: Chrome-plated zamac. 2. Hinges: Manufacturer's standard continuous, spring-loaded type. 3. Latch and Keeper: Manufacturer's standard surface-mounted latch unit designed for emergency access and with combination rubber-faced door strike and keeper. Provide units that comply with regulatory requirements for accessibility at compartments designated as accessible. 4. Coat Hook: Manufacturer's standard combination hook and rubber-tipped bumper, sized to prevent in-swinging door from hitting compartment-mounted accessories. 5. Door Bumper: Manufacturer's standard rubber-tipped bumper at out-swinging doors. 6. Door Pull: Manufacturer's standard unit at out-swinging doors that complies with regulatory requirements for accessibility. Provide units -on both sides of doors at compartments designated as accessible. TOILET COMPARTMENTS 102113 -3 CITY OF PEARLAND TOILET COMPARTMENTS WESTSIDE LIBRARY 10160-4 STORE FRONT WAG PROJECT NO. 12188 B. Anchorages and Fasteners: Manufacturer's standard exposed fasteners of stainless steel or chrome-plated steel or brass, finished to match the items they are securing, with theft-resistant- type heads. Provide sex-type bolts for through-bolt applications. For concealed anchors, use stainless steel, hot-dip galvanized steel, or other rust-resistant, protective-coated steel. 2.4 FABRICATION A. Ceiling-Hung Units: Provide manufacturer's standard corrosion-resistant anchoring assemblies with leveling adjustment nuts at pilasters for connection to structural support above finished ceiling. Provide assemblies that support pilasters from structure without transmitting load to finished ceiling. Provide sleeves(caps)at tops of pilasters to conceal anchorage. B. Floor-and-Ceiling-Anchored Units: Provide manufacturer's standard corrosion-resistant anchoring assemblies with leveling adjustment at tops and bottoms of pilasters. Provide shoes and sleeves(caps)at pilasters to conceal anchorage. C. Urinal-Screen Posts: Provide manufacturer's standard corrosion-resistant anchoring assemblies with leveling adjustment at[tops and]bottoms of posts. Provide shoes[and sleeves (caps)] at posts to conceal anchorage. D. Door Size and Swings: Unless otherwise indicated, provide 24-inch- (610-mm-) wide, in- swinging doors for standard toilet compartments and 36-inch- (914-mm-) wide, out-swinging doors with a minimum 32-inch- (813-mm-)wide, clear opening for compartments designated as accessible. PART 3-EXECUTION 3.1 INSTALLATION A. General: Comply with manufacturer's written installation instructions. Install units rigid, straight, level, and plumb. Secure units in position with manufacturer's recommended anchoring devices. 1. Maximum Clearances: a. Pilasters and Panels: 1/2 inch (13 mm). b. Panels and Wails: 1 inch(25 mm). 2. Stirrup Brackets: Secure panels to walls and to pilasters with no fewer than [two brackets attached][three brackets attached at midpoint and] near top and bottom of panel. a. Locate wall brackets so holes for wall anchors occur in masonry or tile joints. b. Align brackets at pilasters with brackets at walls. B. Overhead-Braced Units: Secure pilasters to floor and level, plumb, and tighten. Set pilasters with anchors penetrating not less than 1-3/4 inches (44 mm) into structural floor unless otherwise indicated in manufacturer's written instructions. Secure continuous head rail to each pilaster with no fewer than two fasteners. Hang doors to align tops of doors with tops of panels, and adjust so tops of doors are parallel with overhead brace when doors are in closed position. TOILET COMPARTMENTS 102113 -4 CITY OF PEARLAND TOILET COMPARTMENTS (lab\ WESTSIDE LIBRARY 10160-5 STORE FRONT WAG PROJECT NO. 12188 C. Floor-Anchored Units: Set pilasters with anchors penetrating not less than 2 inches (51 mm) into structural floor unless otherwise indicated in manufacturer's written instructions. Level, plumb, and tighten pilasters. Hang doors and adjust so tops of doors are level with tops of pilasters when doors are in closed position. D. Ceiling-Hung Units: Secure pilasters to supporting structure and level, plumb, and tighten. Hang doors and adjust so bottoms of doors are level with bottoms of pilasters when doors are in closed position. E. Floor-and-Ceiling-Anchored Units: Secure pilasters to supporting construction and level, plumb, and tighten. Hang doors and adjust so doors are level and aligned with panels when doors are in closed position. F. Urinal Screens: Attach with anchoring devices to suit supporting structure. Set units level and plumb, rigid, and secured to resist lateral impact. 3.2 ADJUSTING A. Hardware Adjustment: Adjust and lubricate hardware according to hardware manufacturer's written instructions for proper operation. Set hinges on in-swinging doors to hold doors open approximately 30 degrees from closed position when unlatched. Set hinges on out-swinging doors[and doors in entrance screens]to return doors to fully closed position. END OF SECTION 10160 TOILET COMPARTMENTS 102113 -5 CITY OF PEARLAND FIRE PROTECTION SPECIALTIES WESTSIDE LIBRARY 10520- 1 STORE FRONT WAG PROJECT NO. 12188 SECTION 10520 FIRE PROTECTION SPECIALTIES PART 1 -GENERAL 1.1 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to work specified in this Section. 1.2 GENERAL DESCRIPTION OF THE WORK OF THIS SECTION: A. Work shall include furnishing and installing fire extinguishers, cabinets, and accessories. 1.3 RELATED WORK OF OTHER SECTIONS: A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.4 QUALITY ASSURANCE: A. NFPA Compliance: Fabricate and label fire extinguishers to comply with NFPA 10, "Standard for Portable Fire Extinguishers." B. Provide new portable fire extinguishers which comply with applicable UL standard and are labeled by U L. C. Provide portable fire extinguishers and cabinets by one manufacturer, unless otherwise acceptable to Architect. 1.5 SUBMITTALS: A. Submit manufacturer's technical data and installation instructions for all fire extinguishers and cabinets required. For fire extinguisher cabinets include roughing-in dimensions, and details showing mounting methods, relationships to surrounding construction, door hardware, cabinet type and materials, trim style and door construction, style, and materials. Where color selection is required include color charts showing full range of manufacturer's standard colors and designs available. PART 2-PRODUCTS 2.1 FIRE EXTINGUISHERS: A. Provide fire extinguishers for each location indicated on the Drawings, in colors and finishes selected from manufacturer's standard which comply with requirements of governing authorities. Fill and service extinguishers to comply with requirements of governing authorities and manufacturer's requirements. Abbreviations indicated below to identify extinguisher types relate to UL classification and ratings system and not, necessarily, to type and amount of extinguishing material contained in extinguisher. B. Provide fire extinguisher types as follows: 1. Multipurpose Dry-Chemical Type in Steel Container: UL-rated 3-A:40-B:C, 5-lb (2.3-kg) nominal capacity, with monoammonium phosphate-based dry chemical in enameled-steel container. CITY OF PEARLAND FIRE PROTECTION SPECIALTIES WESTSIDE LIBRARY 10520-2 STORE FRONT WAG PROJECT NO. 12188 2.2 FIRE EXTINGUISHER CABINETS: A. Provide fire extinguisher cabinets where indicated. Provide sizes required for housing specified fire extinguishers, and as follows: 1. Manufacturer's standard 18 gage enameled steel trimless recessed box and recessed solid door. 2. Provide black vinyl die-cut letters indicating"FIRE EXTINGUISHER". PART 3-EXECUTION 3.1 INSTALLATION: A. Install items included in this Section in locations indicated on Drawings, and at heights complying with applicable regulations of governing authorities. 1. Securely fasten cabinet to substrate construction, square and plumb, to comply with manufacturer's instructions. END OF SECTION 10520 CITY OF PEARLAND TOILET ACCESSORIES WESTSIDE LIBRARY 10810 - 1 STORE FRONT WAG PROJECT NO. 12188 SECTION 10810 TOILET ACCESSORIES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes furnishing and installing toilet accessories at the locations indicated. 1.3 RELATED WORK A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.4 SUBMITTALS A. Product Data: Submit product data for each type of unit required. (vim's\ B. Shop Drawings: Submit shop drawings for each type of unit required, including details of construction, finishes, fasteners, sizes and locations required. 1. Show mounting locations and mounting heights. 2. Show and relationship to framing, blocking, hailers and other related work. 1.5 PROJECT CONDITIONS A. Take field measurements prior to preparation of shop drawings and fabrication to ensure proper fitting. B. Coordinate fabrication schedule with construction progress to avoid delay. PART 2 - PRODUCTS 2.1 PRODUCTS AND MANUFACTURERS A. Provide toilet accessories with brushed finish stainless steel except as noted. Provide the scheduled toilet accessories as shown on Drawings. Manufacturers include Bobrick Washroom Equipment, or approved equal. PART 3 - EXECUTION 3.1 PREPARATION A. Verify that substrates, rough openings, and blocking are properly prepared to receive �r accessory units. Do not proceed with installation until unsatisfactory conditions have ` been corrected. CITY OF PEARLAND TOILET ACCESSORIES WESTSIDE LIBRARY 10810 -2 STORE FRONT WAG PROJECT NO. 12188 3.2 INSTALLATION A. Layout and securely install accessories and cabinets to supporting structure at locations indicated, level, plumb, at proper heights, and at margins indicated. B. Complete installation free of scratches, dents, nicks, discolorations, and other defects in materials or workmanship that cause accessory work to become unserviceable or objectionable in appearance. 3.3 CLEANING AND PROTECTION A. At completion of the installation, remove protective coverings and clean soiled accessory unit surfaces in accordance with the manufacturer's instructions. B. Protect units from damage until acceptance by Owner. END OF SECTION CITY OF PEARLAND BOOK DEPOSITORY WESTSIDE LIBRARY 11058-1 STORE FRONT WAG PROJECT NO. 12188 l _ SECTION 11058 BOOK DEPOSITORY PART 1 -GENERAL 1.1 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to work specified in this Section. 1.2 GENERAL DESCRIPTION OF WORK OF THIS SECTION: A. Work includes furnishing and installing the book depository. 1.3 RELATED WORK OF OTHER SECTIONS: A. Coordinate work of this Section with work of other Sections as required to properly execute the work and as necessary to maintain satisfactory progress of the work of other Sections. 1.4 QUALITY ASSURANCE: A. Take field measurements prior to preparation of shop drawings and fabrication, where possible, to ensure proper fitting of the work. Allow for trimming and fitting wherever the taking of field measurements before fabrication might delay the Work. B. Preassemble in the shop to the greatest extent possible. Disassemble only to the extent necessary for shipping and handling limitations. Clearly mark for reassembly and coordinated installation. 1.5 SUBMITTALS: A. Submit shop drawings for fabrication and installation of depository. Show all anchorage and accessory items and finishes. Provide location template drawings as required. PART 2 -PRODUCTS 2.1 GENERAL PRODUCT REQUIREMENT: A. Provide book depository as manufactured by Kingsley Library Equipment Co., Model No. "Ease Through Wall Book Return", 22-1/2" wide by 20-1/2" high by 14-1/8" deep; or The JMC Group; or equivalent accepted by Architect. 1. Provide depository assembly complete for installation in finished wall as indicated with stainless steel face plate, aluminum interior parts. PART 3 -EXECUTION 3.1 INSTALLATION: MI1058.MAS-7/E8(2/N5) CITY OF PEARLAND BOOK DEPOSITORY WESTSIDE LIBRARY 11058-2 STORE FRONT WAG PROJECT NO. 12188 A. Install depository rigidly anchored, straight, plumb, and level. B. Set door frame square and flush with finish walls. C. Protection, Cleaning, and Final Adjustments: 1. Protect unit during delivery, storage, and after erection so that there will be no indication of use or damage at the time of acceptance. Replace damaged work as directed. 2. Perform all final adjustments just prior to final,inspection. END OF SECTION 11058 • M 11058.MAS-7/E8(2/N5)