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R-2013-070-2013-05-13
RESOLUTION NO. R2013-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CLEANING AND PAINTING SERVICES FOR TEN (10) WATER WELL FACILITIES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for cleaning and painting services for ten (10) water well facilities, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to General Contractor Services, Inc., in the amount of $58,907.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for cleaning and painting services for ten (10) water well facilities. PASSED, APPROVED and ADOPTED this the 13th day of May, A.D., 2013. ATTEST: MAA E. RODRIGUEZ DEP TY CITY SECRETARY APPROVED AS TO FORM: (, d4 DARRIN M. COKER CITY ATTORNEY ,)„ sra, TOM REID MAYOR CITY OF PEARLAND STANDARD CONTRACT FOR SMALL CONSTRUCTION PROJECTS This Contract (Contract) is made between the CityofPearland, Texas (City), and Contractor. The City and Contractor agree to the terms and conditions of this Contract, which consists of the following parts: I. Summary of Contract Terms II Signatures III. Standard Contractual Provisions IV. Special Terms and Conditions V. Contract Attachments I. Summary of Contract Terms. Contractor: Description of Services: Maximum Contract Amount: Effective Start Date: Expiration Date: Extension/Renewal: General Contractor Services, Inc. 8400 La Porte Rd. Houston, TX 77012 Painting and Cleaning of Exterior Piping, per specifications of City Bid #0213-31. $58,907.00 80 calendar days from Effective Start Date. None contemplated at this time. II. Signatures. By signing below, the parties agree to the terms of this Contract: CITY OF PEARLAND* ed . y: Date: d3h amity Manager Assistant City Manager Director Division Manager *Contract Signature Authority: CONTRACTOR: By: Title: Presi ent Date: May 21, 2013 Division Manager -$5,999 or less Director - $6,000 to $30,000 City Manager/Assistant City Managers - $30,001 - $50,000 City Council resolution - $50,001+ (Reso. #R2013-70) III. Standard Contractual Provisions. A. Definitions. Contract means this Standard Contract for Construction Services. Services means the services for which the City solicited bids or received proposals as described in • Exhibit "A" attached hereto. B. Services and Payment. Contractor will furnish Services to the City in accordance with the terms and conditions specified in this Contract. Contractor will bill the City for the Services provided at intervals of at least 30 days, except for the final billing. The City shall pay Contractor for the Services in accordance with the terms of this Contract, but all payments to be made by the City to Contractor, including the time ofpayment and the payment of interest on overdue amounts, are subject to the applicable provisions of Chapter 2251 of the Government Code. C. Termination Provisions. (1) City Termination for Convenience. Under this paragraph, the City may terminate this Contract during its term at any time for the City' s own convenience where the Contractor is not in default by giving written notice to Contractor. If the City terminates this Contract under this paragraph, the City will pay the Contractor for all services rendered in accordance with this Contract to the date of termination. (2) Termination for Default. Either party to this Contract may terminate this Contract as provided in this paragraph if the other party fails to comply with its terms. The party alleging the default will give the other party notice of the default in writing citing the terms of the Contract that have been breached and what action the defaulting party must take to cure the default. If the party in default fails to cure the default as specified in the notice, the party giving the notice of default may terminate this Contract by written notice to the other party, specifying the date of termination. Termination of this Contract under this paragraph does not affect the right of either party to seek remedies for breach of the Contract as allowed by law, including any damages or costs suffered by either party. (3) Multi -Year Contracts and Funding. If this Contract extends beyond the City's fiscal year in which it becomes effective or provides for the City to make any payment during any of the City's fiscal years following the City's fiscal year in which this Contract becomes effective and the City fails to appropriate funds to make any required Contract payment for that successive fiscal year and there are no funds from the City's sale of debt instruments to make the required payment, then this Contract automatically terminates at the beginning of the first day of the City' s successive fiscal year of the Contract for which the City has not appropriated funds or otherwise provided for funds to make a required payment under the Contract. D. Liability and Indemnity. Any provision of any attached contract document that limits the Contractor' s liability to the City or releases the Contractor from liability to the City for actual or compensatory damages, loss, or costs arising from the performance of this Contract or that provides for contractual indemnity by one party to the other party to this Contract is not applicable or effective under this Contract. Except where an Additional Contract Document provided by the City provides otherwise, each party to this Contract is responsible for defending against and liable for paying any claim, suit, or judgment for damages, loss, or costs arising from that party's acts or omissions in the performance of this Contract in accordance with applicable law. This provision does not affect the right of either party to this Contract who is sued by a third party for acts or omissions arising from this Contract to bring in the other party to this Contract as a third -party defendant as allowed by law. E. Assicnment. Contractor shall not assign this Contract without the prior written consent of the City. F. Law Governing and Venue. This Contract is governed by the law of the State of Texas and a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction located in or having jurisdiction in Brazoria County, Texas. G. Entire Contract. This Contract represents the entire Contract between the City and the Contractor CONTRACT/Page 2 • . and supersedes all prior negotiations, representations, or contracts, either written or oral. This Contract maybe amended only by written instrument signed by both parties. H. Independent Contractor. Contractor shall perform the work under this Contract as an independent contractor and not as an employee of the City. The City has no right to supervise, direct, or control the Contractor or Contractor' s officers or employees in the means, methods, or details of the work to be performed by Contractor under this Contract. The City and Contractor agree that the work performed under this Contract is not inherently dangerous, that Contractor will perform the work in a workmanlike manner, and that Contractor will take proper care and precautions to insure the safety of Contractor's officers and employees. I. Dispute Resolution Procedures. The Contractor and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract If either party disputes any matter relating to this Contract, the parties agree to try in good faith, before bringing any legal action, to settle the dispute by submitting the matter to mediation before a third party who will be selected by agreement of the parties. The parties will each pay one-half of the mediator' s fees. J. Attorney's Fees. Should either party to this Contract bring suit against the other party for breach of contract or for any other cause relating to this Contract, neither party will seek or be entitled to an award of attorney's fees or other costs relating to the suit. K. Severabilitv. If a court finds or rules that any part of this Contract is invalid or unlawful, the remainder of the Contract continues to be binding on the parties. IV. Special Terms or Conditions. None V. Additional Contract Documents. The following specified documents attached to this Contract are part of this Contract, except as follows: any provision contained in any of the Contractor's Additional Contract Documents specified below that conflicts with a Contract provision not included in the Contractor's Additional Contract Documents, does not apply to this Contract. A. Contractor's Additional Contract Documents: 1. Vendor response to specifications of City Bid #0213-31. B. City's Additional Contract Documents: 1. Specifications of City Bid #0213-31. 2. Payment bond in full amount of contract, and City -required insurance certificate, as referenced in Bid Specifications. CONTRACT/Page 3 • . EXHIBIT A CONTRACTOR'S SCOPE OF WORK Vendor shall clean and paint exterior piping in accordance with the specifications of City Bid #0213-31, at the City water facilities identified below, per the direction of Tracy Sambrano, Water Production Superintendent (281-924-8251). Vendor shall coordinate all proposed work schedules with Ms. Sambrano at least 72 hours prior to commencement of work. • Green Tee pump station — 2711-1/2 Tipperary • McLean water well — 2838 McLean Rd. • Garden water well — 13711 Suburban Garden Rd. • Southdown water well — 1003 E. Belgravia • Southeast water well — 3945 Wells Dr. • Liberty water well — 3503 Liberty Dr. • Cullen water well — 2529 Cullen Rd. • Shadow Creek Ranch pump station — 1907 Almeda Rd. • Old City Hall water well — 2335 N. Texas • Mary's Creek water well — 1808 Broadway CONTRACT/Page 4 • • CITY OF PEARLAND CONTRACTOR INSURANCE REQUIREMENTS & AGREEMENT REQUIREMENTS Contractors performing work on City property or public right-of-way for the City of Pearland shall provide the City a certificate of insurance or a copy of their insurance policy(s) evidencing the coverages and coverage provisions identified herein. Contractors shall provide the City evidence that all subcontractors performing work on the project have the same types and amounts of coverages as required herein or that the subcontractors are included under the contractor's policy. All insurance companies and coverages must be authorized by the Texas Department of Insurance to transact business in the State of Texas and must be acceptable to the City of Pearland. Listed below are the types and amounts of insurances required. The City reserves the right to amend or require additional types and amounts of coverages or provisions depending on the nature of the work. TYPE OF INSURANCE AMOUNT OF INSURANCE PROVISIONS 1. Workers' Compensation Statutory Limits City to be provided a WAIVER OF Employers' Liability $100,000 per occurrence SUBROGATION and 30 day notice of cancellation or material change in coverage. 2. Commercial General (Public) Liability to include coverage for: a) Premises/Operations b) Products/Completed Operations c) Independent Contractors d) Personal lnjury e) Contractual Liability 3. Business Auto Liability to include coverage for: a) Owned/Leased vehicles b) Non -owned vehicles c) Hired vehicles Personal Injury - $1,000,000 per person; Property Damage - $1,000,000 per occurrence ; General Aggregate - $1,000,000 Combined Single $1,000,000 Limit City to be listed as additional insured and provided 30 day notice of cancellation or material change in coverage. - City shall be provided 30 day notice of cancellation or material change in coverage. Certificate of Insurance forms may be faxed to Purchasing Department , attn: Trish Erndt, @ 281-652-1738, phone 281-652-1790, or by email to: terndt@ci.pearland.tx.us This form must be signed and returned with your quotation. You are stating that you do have the required insurance and if selected to perform work for the City, will provide the certificates of insurance with the above requirements to the City. A PURCHASE ORDER WILL NOT BE ISSUED WITHOUT EVIDENCE OF INSURANCE. AGREEMENT I agree to provide the above described insurance coverages within 10 working days if selected to perform work for the City of Pearland. I also agree to provide the City evidence of insurance coverage on any and all subcontractors performing work on the project. Project/Bid# 0213-31 Company: GENERAL CONTRACTOR SERV INC Vendor#(if applicable) PrintedName: Signature: Pamela Teltschick, President Pz c c_ Date: CONTRACT/Page 5 May 21, 2013 • • • • City of Pearland Texas (City of Pearland Texas) . Supplier Response • Bid Information ' Contact Information Ship to Information Bid Creator Trish Erndt Buyer I Address 3519 Liberty Drive Address Email terndt@ci.pearland.tx.us Suite 201 • • Phone (281)652-1790 Pearland,TX 77581 Fax (281)652-1738 Contact Trish Erndt Contact • Bid Number 0213-31 Addendum 1 Department Department Title Cleaning and Painting of Building City Hall Building Piping at Ten(10)Water 2nd Floor Plant Facilities Floor/Room Floor/Room Bid Type Invitation to Bid Telephone 281 (652)1790 Telephone Issue Date 03/09/2013 • Fax 281 (652)1738 Fax Close Date 3/28/2013 2:00:00 PM CST Email Email Need by Date terndt@ci.pearland.tx.us • Supplier Information • • Company General Contractor Services, Inc. • • Address 8400 La Porte Rd • Houston,TX 77012 Contact Department • Building • Floor/Room • • Telephone 713(270)5300 • . Fax 713(270)5305 • • Email Submitted 3/28/2013 11:27:22 AM CST Total $58,907.00 • Signature • • Supplier Notes • Jim Roe&Charles Campbell will be attending the pre bid conference on Thursday. • Bid Notes • • Bid Activities • Date Name Description • • 3/14/2013 10:00:00 AM Pre-Bid Conference There will be a non-mandatory pre-bid meeting on Thursday,March 14,2013 at 10:00 am at the City of Pearland Public Works Service Center. Staff will present an overview of the project,and will invite questions from prospective bidders(pertinent questions and subsequent City responses will be provided in the form of a bid addendum). This meeting will be Immediately followed by a group site visit to each of the subject plants to review the proposed work areas. It Is STRONGLY encouraged for prospective bidders to attend this • meeting,as each of the subject sites are secure City facilities,and subsequent site visit requests may or may not be granted,dependent on City staff availability. City.makes no guarantee of subsequent worksite accessibility for vendors prior to the bid due date,apart 0213-31 Addendum 1 =Page 1 of 5 • • • • • from this meeting. • • Bid Messages • • • Please review the following and respond where necessary # Name Note • Response 1 Insurance Requirement Acknowledgement I have read and agree to the City of Pearland's Contractor I agree • • • Insurance Requirements&Agreement. • 2 Local Bidder Preference Claim Form Bidder claims Pearland local bidder preference,pursuant No to provisions of Local Bidder Preference claim form and • • Texas Local Government Code,Chapter 271.9051. 3 Conflict of Interest Questionnaire I am submitting a completed and signed copy of the Yes Conflict of Interest Questionnaire- 4 Non-Collusion Statement I am submitting a completed and signed copy of the Yes Non-Collusion Statement. • • 5 Specification Acknowledgement Bidder has reviewed specifications and agrees that their Yes bid adheres fully. If not,bidder will need to provide written • explanation of any exceptions. 6 Bid Security Bidder understands and has completed the following:Bid I agree Security required by Bid Specifications has been uploaded as an attachment within the E-bid system and,a fully • • executed,signed and sealed hard copy of the Bid Bond has been delivered to the Office of City Purchasing, • • Finance Department,.2nd Floor,City Hall,3519 Liberty Drive,Pearland,Texas,77561. • 7 Vendor References F have attached my company's list of references, as I agree required. • • • • • • • • • • • • • • • • • • • 0213-31 Addendum 1 -Page 2 of 5 • • Line Items • # Qty UOM Description Response 1 1 EA Cleaning and painting of exterior piping at Green Tee Water Plant facility located at $7,748.00 2711-1/2 Tipperary Item Notes: • Supplier Notes:66 LF 6" pipe,36 LF 10" pipe,includes 2 overflow pipes Item Attributes: Please review the following and respond where necessary '# Name Note Response 1 Completion Time Please state completion time for this site. 9 days 2 1 EA Cleaning and painting of exterior piping at McLean Water Plant facility located at 2838 $4,653.00 McLean Road • • Item Notes: Supplier Notes:75 LF 12"pipe,90 LF 8"pipe,40 LF 6" pipe • Item Attributes: Please review the following and respond where necessary # Name • Note Response 1 Completion Time Please state completion time for this site. 7 days 3 1 EA Cleaning and painting of exterior piping at Garden Water Plant facility located at 13711 $5,543.00 Suburban Garden Road Item Notes: Supplier Notes:60 LF 18"pipe,70 LF 10" pipe,70 LF 8" pipe • Item Attributes: Please review the following and respond where necessary # Name Note Response 1 Completion Time Please state completion time for this site. 7.5 days 4 1 EA Cleaning and painting of exterior piping at Southdown Water Plant facility located at 1003 E. $6,819.00 • - Belgravia Item Notes: Supplier Notes:70 LF 16"pipe, 180 LF 12"pipe,75 LF 8"pipe Item Attributes: Please review the following and respond where necessary . # Name Note LL Response . 1 Completion Time . Please state completion time for this site. 9 days 5 1 EA Cleaning and painting of exterior piping at Southeast Water Plant facility located at 3945 $7,438.00 Wells Drive Item Notes: • • Supplier Notes:105 LF 16" pipe, 100 LF 12" pipe,70 LF 8"pipe • 0213-31 Addendum 1 -Page 3 of 5 • Item Attributes: Please review the following and respond where necessary - # Name Note Response 1' Completion Time Please state completion time for this site. • 9 days 6 1 EA • Cleaning and painting of exterior piping at Liberty Water Plant facility located at 3503 Liberty $4,203.00 Drive Item Notes: Supplier Notes:25 LF 12"pipe,80 LF 10" pipe, 160 LF 8"pipe Item Attributes: Please review the following end respond where necessary # Name Note Response 1 Completion Time Please state completion time for this site. 7.5 days 7 1 EA Cleaning and painting of exterior piping at Cullen Water Plant facility located at 2529 Cullen $7,438.00 Road item Notes: Supplier Notes: 130 LF 16" pipe, 100 LF 10"pipe,50 LF 8"pipe Item Attributes: Please review the following and respond where necessary • # Name Note Response 1 Completion Time Please state completion time for this site. 9 days • 8 1 EA Cleaning and painting of exterior piping at Shadow Creek Ranch Water Plant facility located $6,544.00 at 1907 Almeda Road Item Notes: Supplier Notes:60 LF 24"pipe, 150'LF 12" pipe Item Attributes: Please review the following and respond where necessary # Name Note _ Response 1 Completion Time ' Please state completion time for this site. 9 days • 9 1 EA Cleaning and painting of exterior piping at Old City Hall Water Plant facility located at.2335 $0,011.0 • North Texas Item Notes: Supplier Notes:175 LF 6"pipe,includes 1 overflow pipe Item Attributes: Please review the following and respond where necessary # Name Note Response 1 Completion Time Please state completion lime for this site. 6.5 days • 0213-31 Addendum 1 -Page 4 of 5 • • 10 1 EA Cleaning and painting of exterior piping at 518 Mary's $2,510.00 Creek Water Plant facility located at 1808 FM 518(Broadway) • Item Notes: Supplier Notes:66 LF 6" pipe, 36 LF 10" pipe • Item Attributes: Please review the following and respond where necessary # Name Note Response 1 Completion Time Please slate completion time for this site. 5.5 days Response Total: 858,907.00 • • • • • • • • • • • • • 0213-31 Addendum 1 -Page 5 of 5 ,. -ANN; ,.r,.4.ea,b,!;.t• itaa • _ 2:4 "IL, - . . . . May 21, 2013 TO: General Contractor Services, Inc, :Pamela Teltschick, President ADDRESS: 8400 La Porte Rd, Houston,TX 77012 RE: N.otice Award/Bid-Ho.0213-31 • Cleaning and Painting of Exterior Piping Dear Ms. Teltschick: Please-be•advised that your company:has:been-awarded the contract for the cleaning - • : • • and palntln9 of exterior ipiping at ten :(10).:City:witeit-,fadilities-pdotie,:ePeCifibations of - - — City of Pearland Bid•40213-31. Said Award being based on your apparent successful Bid Submitted March 2.8, '2013 and bearing a total bid price of fifty-eight'thousand nine hundred seven and 00/100 dollars($58,807.00). Please•comply with the following conditions by; May.34,20132.. 1. You must furnish Certificate of Insurance per specifications, with City of Pearland as additional insured. 2. YOU-'MLitt Paynierit-Bohd.in-the fUll •err-fount.61:YOUr :bid, per specifications, 3. Please,execute the-attached contract, and the owner will return to you a fully executed contract along with a City of Pearland purchase order. 4. Prior to commencing any work, vendor shall participate in a pre- . .. construction conference to:disci:Ass Work schedule_and sequireinents with primary City contacts at a tirne, place and date be determined at.the convenience of each party. Primary City contact for this project:will be . _ __ Tracy Sambrenp_ 281/924-825f. The above requested items: should be submitted to: Purdhasirig Division, 3519 Liberty Dr.., Suite 201, Pearland, Texas,77581. Sincerely, . _ . Robert Pearce Purchasing Officer 281-652-1668 1 120 CERTIFICATE OF LIABILITY INSURANCE DATE 3 Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(Ies)must 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 Ileu of such endorsement(s), PRODUCER Liz Comiskey Comiskey Capital Insurance PHONE 409)935 0086 FAX (AIC.No.ExtL ( MC.Noll(409)935-4000 401 Tiki Drive ADDRESS:lizOcomiskeyoapitalinsurance.coot i INSURER(S)AFFORDING COVERAGE NAIC d Tiki Island TX 77554 INsuRERA:Kinsale Insurance Company 38920 INSURED INSURER B:Hanover Insurance Company 22292 General. Contractor Services, Inc. INSURER c;Torus Specialty Insurance 44776 8400 LaPorte Road INSURER D:Texas Mutual Ins 22945 INSURER E: . Houston TX 77012 INSURER F: "' COVERAGES CERTIFICATE NUMBER:CL126501292 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. LTR TYPE OF INSURANCE ADDL SUER POLICY EFFF POLICY EXP LIMITS JNSR WVD POLICY NUMBER (MM!DDNYYY) (MMIDIM'YY) GENERALUABILITY EACH OCCURRENCE S 1,000,000 , — X COMMERCIAL GENERAL LIABILITY DAMAGETO RENTED PREMISES(Ea occurrence) $ 100,000 A CLAIMS-MADE i"OCCUR X 0100000910-2 10/29/2012 L9/29/2013 MED EXP(Any one person) S Excluded • PERSONALaADVINJURY $ 1,000,000 ' — GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE UMITAPPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,000 X 1 POUCY ElIF n LOC Deductible $ 2,500 AUTOMOBILE LIABILITY tEAMB�Ndlenti GCE LIMIT $ ,000,000 B X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED ED X—SCHEDULED XS AWD-4364513-04 10/29/201210/29/2013 B0DILY INJURY(Per accident) $ AUTOX HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ __ AUTOS (Per accident) $ UMBRELLAUAB X OCCUR EACH OCCURRENCE $ 5,000,000 C X EXCESS UAB CLAIMS•MADE AGGREGATE $ 5,000,000 DED _ RETENTIONS 43643A111ALE 10/29/2012 10/29/2013 $ D WORKERS COMPENSATION X WC STATU- O1'H- ANO EMPLOYERS'LWBIUTY TORY I IMRS ER ANY PROPRIETOWPARTNERIEXECUT1VE(Y`!`Nj E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBEREXCLUDED? I I NIA 10/21/2012 10/21/2013 TSF-0001137904 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 B Inland Marine I110 4362226 04 10/29/201210/29/2013 Total Coverage 180,000 Contractors Equipment Deductible 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,it more apace Is required) Certificate holder is shown as additional insured 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. Patty Patke, Projects Department •-•• 3519 Liberty Drive AUTHORIZED REPRESENTATIVE Pearland, TX 77581 Liz Comiskey/LISCO1 -."� _-� ACORD 26(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INSOZ5(2010o5).ot The ACORD name and logo are registered marks of ACORD Bond 4391325 PAYMENT BOND Conforms with The American Institute of Architects AIA Document A312-1984 Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY: SureTec Insurance Company General Contractor Services,Inc. 1330 Post Oak Boulevard Suite 1100 8400 LaPorte Road Houston,TX 77056 Houston,TX 77012 OWNER(Name and Address): City Of Pearland 3519 Liberty Drive Pearland,TX 77581 CONSTRUCTION CONTRACT Date: Amount: Fifty Eight Thousand Nine Hundred Seven and No/100 ($58,907.00—) • Description(Name and Location): Bid#0213-31, Cleaning and Painting of Exterior Piping at Ten(10) City Water Facilities BOND Date(Not earlier than Construction Contract Date): Amount:Fifty Eight Thousand Nine Hundred Seven and No/100 ($58,907.00—) Modifications to this Bond: D None Q See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: General Contractor Services,Inc. SureTec Insurance Company r Signature: Atg,.??2 ,4 Signature: Name and Title: P•amela Teltschick, President Name and Ty :Kevin McQuain,Atto etin-fact (FOR INFORMATION ONLY-Name,Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other AGENT or BROKER: ply): S The Contractor and the Surety, jointly and severally, bind from claims, demands, liens or suits by any person or entity themselves, their heirs, executors, administrators, successors and whose claim,demand,lien or suit is for the payment for labor, assigns to the Owner to pay for labor, materials and equipment materials or equipment furnished for use in the performance of furnished for use in the performance of the Construction Contract, the Construction Contract, provided the Owner has promptly which is incorporated herein by reference. notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or 2 With respect to the Owner, this obligation shall be null and suits and tendered defense of such claims, demands, liens or void if the Contractor: suits to the Contractor and the Surety,and provided there is no 2.1 Promptly makes payment, directly or indirectly, for all Owner Default. sums due Claimants,and 2.2 Defends,indemnifies and holds harmless the Owner 3 With respect to Claimants,this obligation shall be null S-72691AS 8110 Page 1 of 3 and void if the Contractor promptly makes payment, directly or Contract.The Owner shall not be liable for payment of any costs or indirectly,for all sums due. expenses of any Claimant under this Bond,and shall have under this 4 The Surety shall have no obligation to Claimants tuider this bond no obligations to make payments to,give notices on behalf of, Bond until: or otherwise have obligations to Claimants under this Bond. 4.1 Claimants who are employed by or have a direct contract 10 The Surety hereby waives notice of any change, including with the Contractor have given notice to the Surety (at the changes of time, to the Construction Contract or to related address described in Paragraph 12) and sent a copy, or notice subcontracts,purchase orders and other obligations. thereof,to the Owner,stating that a claim is being made under 11 No suit or action shall be commenced by a Claimant under this this Bond and, with substantial accuracy, the amount of the Bond other than in a court of competent jurisdiction in the location claim. in which the work or part of the work is located or after the 4.2 Claimants who do not have a direct contract with the expiration of one year from the date(1)on which the Claimant gave Contractor: the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on .1 Have furnished written notice to the Contractor and sent which the Iast labor or service was performed by anyone or the last a copy, or notice thereof, to the Owner, within 90 days materials or equipment were furnished by anyone under the after having last performed labor or last furnished Construction contract, whichever of(1) or (2) first occurs. If the materials or equipment included in the claim stating, provisions of this Paragraph are void or prohibited by law, the. with substantial accuracy, the amount of the claim and minimum period of limitation available to sureties as a defense the name of the party to whom the materials were in the jurisdiction of the suit shall be applicable. furnished or supplied or for whom the labor was done or 12 Notice to the Surety, the Owner or the Contractor shall be performed;and mailed or delivered to the address shown on the signature page. .2 Have either received a rejection in whole or in part from Actual receipt of notice by Surety, the Owner or the Contractor, the Contractor, or not received within 30 days of however accomplished,shall be sufficient compliance as of the date furnishing the above notice any communication from the received at the address shown on the signature page. Contractor by which the Contractor has indicated the 13 When this bond has been furnished to comply with a statutory claim will be paid directly or indirectly;and or other legal requirement in the location where the construction .3 Not having been paid within the above 30 days, have was to be performed, any provision in this Bond conflicting with sent a written notice to the Surety (at the address said statutory or legal requirement shall be deemed deleted described in Paragraph 12) and sent a copy, or notice herefrom and provisions conforming to such statutory or other legal thereof,to the Owner,stating that a claim is being made requirement shall be deemed incorporated herein. The intent is that under this Bond and enclosing a copy of the previous this Bond shall be construed as a statutory bond and not as a written notice furnished to the Contractor. common law bond. 5 If a notice required by Paragraph 4 is given by the Owner to the 14 Upon request by any person or entity appearing to be a Contractor or to the Surety,that is sufficient compliance. potential beneficiary of this Bond, the Contractor shall promptly 6 When the Claimant has satisfied the conditions of Paragraph 4, furnish a copy of this Bond or shall permit a copy to be made. the Surety shall promptly and at the Surety's expense take the 15 DEFINITIONS following actions: 15.1 Claimant: An individual or entity having a direct 6.1 Send an answer to the Claimant, with a copy to the contract with the Contractor or with a subcontractor of the Owner, within 45 days after receipt of the claim, stating the Contractor to furnish labor, materials or equipment for use in amounts that are undisputed and the basis for challenging any the performance of the Contract.The intent of this Bond shall amounts that are disputed. be to include without limitation in the terms "labor, materials 6.2 Pay or arrange for payment of any undisputed amounts. or equipment"that part of that part of water,gas,power,light, 7 The Surety's total obligation shall not exceed the amount of this heat,oil,gasoline,telephone service or rental equipment used in the Construction Contract, architectural and engineering Bond, and the amount of this Bond shall be credited for any services required for performance of the work of the Contractor payments made in good faith by the Surety. and the Contractor's subcontractors, and all other items for 8 Amounts owed by the Owner to the Contractor under the which a mechanic's lien may be asserted in the jurisdiction Construction Contract shall be used for the performance of the where the labor,materials or equipment were furnished. Construction Contract and to satisfy claims, if any, under any 15.2 Construction Contract: The agreement between the Construction Performance Bond. By the Contractor furnishing and Owner and the Contractor identified on the signature page, the Owner accepting this Bond, they agree that all funds earned by including all Contract Documents and changes thereto. the Contractor in the performance of the Construction contract are dedicated to satisfy obligations of the Contractor and the Surety 15.3 Owner Default: Failure of the Owner, which has neither under this Bond,subject to the Owner's priority to use the funds for been remedied nor waived,to pay the Contractor as required by the completion of the work. the Construction Contract or to perform and complete or comply with the other terms thereof. 9 The Surety shall not be liable to the Owner,Claimants or others for obligations of the contractor that are unrelated to the Construction S-72691AS 6110 Page 2 of 3 I ' • POAff: 4221392 _ SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the Iaws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Maxine Elaine Lewis,Rosalyn D.Hassell,Scott D.Chapman, Kevin McQualrl,Justin McQuain,Jeanne M.Buchan,Keith M. Illa its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) • and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and,duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 1 2131/2 01 5 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Pact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2O11i of April, 1999) In Witness Whereof,SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 21st day of March,A.D.2013. . eU`ANC SURETEC INSURANCE COMPANY .......fib �, h1.e'9 By; u, m�l, I b. John ox JePPresident j z JJJJJJ State of Texas ss: County of Harris �+ On this 21st day of March,A.D.2013 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURE'PEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. ��tarraa�e JAGOt1NlaiyELYN MALPubliDc AP ONADO `��\ of Texas 1'4.0,1 My Comm.Exp.5118/2017 Jacq`iielyn Maldonado,Notary Public My commission expires May 18,2017 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this day of ,A.D. f 1 .Bre t Beaty;Assistant ecretary Any instrument issued In excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 6:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint:You may call the Surety's toll free telephone number for information or to make a complaint at 1-866-732-0099.You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail,Suite 320 Austin,Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies,coverage, rights or complaints at 1-800-252-3439.You may write the Texas Department of Insurance at: PO Box 149104 Austin,TX 78714-9104 Fax#:512-475-1771 Web:http://www.tdi.state.tx,us Email:ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES:Should you have a dispute concerning your premium or about a claim,you should contact the Surety first. If the dispute is not resolved,you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for,and the surety shall not be liable for,losses caused by acts of terrorism,riot,civil insurrection,or acts of war. t /"tip \\71 LEASE10/ M 11 .$.....— TEX. A. S • ,--.l CITY OF PEARLAND BID#0213-31 SPECIFICATIONS FOR CLEANING AND PAINTING OF PIPING AT TEN (10)WATER PLANT FACILITIES Section I-General Specifications 1.0 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 website at: www.cityofpearland.org/bids. All interested bidders should register as a supplier on the City's E-bid system at the above web address by clicking on "Supplier Registration" and providing the required information. Registration provides access to bid specifications and any changes to the plans, specifications or bid time and date. Submission of an E-bid requires completing a brief registration process found on this website. Questions regarding electronic bidding should be directed to Purchasing at ebids@ci.pearland.tx.us. All bids submitted electronically will remain sealed and confidential until the opening date and time when they will be unsealed and read into the public record. Bids should be submitted on the form provided in the E-bid system and submitted electronically through this system to Purchasing, City of Pearland, City Hall, 3519 Liberty Drive, Pearland, TX 77581. Electronic bids will be accepted until 2:00 p.m., Thursday, March 21, 2013. All properly submitted bids shall be publicly unsealed and read aloud into the public record following the closing of the acceptance period for the performance of: Cleaning and Painting of Exterior Piping at Ten (10)Water Plant Facilities NOTE: Bidders desiring to submit hard-copy bid responses may do so by delivering said bid by the due date and time stated above to: City of Pearland, Office of the City Secretary, 3519 Liberty Dr.,Suite 262, Pearland,TX 77581. It is the intent of the City of Pearland to solicit sealed competitive bids from qualified companies to clean and paint exterior piping at ten (10)Water Plant facilities as listed below: • Green Tee-2711 1/2 Tipperary • McLean-2838 McLean Rd. • Garden-13711 Suburban Garden Rd. • Southdown-1003 E. Belgravia • Southeast-3945 Wells Dr. 1 • Liberty-3503 Liberty Dr. • Cullen-2529 Cullen Rd. • Shadow creek ranch-1907 Almeda Rd. • Old City Hall-2335 North Texas • 518 Mary's Creek- 1808 FM 518 (Broadway) 2.0 BID AWARD: The bid will be awarded to the bidder offering the best value to the City, and having sufficient ability to perform this contract as stated. Criteria for award of the bid shall include: 2.1 Capability and related experience of the Contractor; 2.2 Price;and • 2.3 Completion time. The City of Pearland reserves the right to accept or reject any and/or all bids, or any combination of bids received, as deemed to be in the best interest of the City. 3.0 Bidders shall include the following information to describe the experience and capability factors of the company: 3.1 Number of years in operation. 3.2 Number of similar installations made in the past two (2)years 3.3 References from at least three (3) entities for which your company has completed similar type and scope work within the last two (2) years. Name, address, phone number and a contact person shall be stated for each reference. These factors will be evaluated to determine your capability as a supplier. This information should be submitted by all bidders. 4.0 PRE-BID CONFERENCE There will be a non-mandatory pre-bid meeting on Thursday, March 14, 2013 at 10:00 am at the City of Pearland Public Works Service Center. Staff will present an overview of the project, and will invite questions from prospective bidders (pertinent questions and subsequent City responses will be provided in the form of a bid addendum). This meeting will be immediately followed by a group site visit to each of the subject plants to review the proposed work areas. It is STRONGLY encouraged for prospective bidders to attend this meeting, as each of the subject sites are secure City facilities, and subsequent site visit requests may or may not be granted, dependent on City staff availability. City makes no guarantee of subsequent worksite accessibility for vendors prior to the bid due date, apart from this meeting. 2 5.0 TIME AND PLACE OF BID OPENING/BID SECURITY: 5.1 Bids are due no later than 2:00 PM, Thursday, March 21, 2013, in the manner described in Section I, Item 1.0 herein, or by hard copy to the City of Pearland, Office of the City Secretary,Suite 262,3519 Liberty Drive, Pearland, TX 77581. 5.2 Each Bid Proposal must be accompanied by bid security made payable to City of Pearland in an amount of five percent (5%) of the Bidder's maximum Bid price, and in the form of a certified check,cashier's check or a Bid Bond ("Bid Security"). Bid Security in the form of Cashier's Check, Certified Check or Bid Bond payable to the City of Pearland in the amount of 5%of the total base bid price must accompany each proposal. Bidders submitting bids electronically through the E-bid system shall scan and upload a copy of the sealed Bid Bond as an attachment to their bid. Original Bid Bonds shall be delivered to the City's Purchasing Officer upon request, within 24 hours of request. Bid Bonds shall be delivered to: City of Pearland, Finance Department, 2' Floor of City Hall, 3519 Liberty Drive, Pearland, Texas 77581. The Bid Security of the Successful Bidder will be retained until such Bidder has executed the City's Small Construction Contract (hereafter, "Contract"), and furnished the required Performance and Payment Bonds, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Contract and furnish the required performance and payment bonds within ten (10) days after the Notice of Award,the City of Pearland may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders will be retained until after the Contract is awarded and the Contract becomes effective, or all bids are rejected, whereupon Bid Security furnished by such Bidders will be returned. Certified or cashier's check shall be made payable to the City of Pearland. Bidder agrees that, if awarded the contract, the Bidder will promptly enter into a contract and execute the required Payment (for contracts in excess of$50,000) and Performance Bonds (for contracts in excess of $100,000) within ten (10) calendar days of date of Notice of Award. Such bonds are to be executed by a corporate surety duly authorized to do business in the State of Texas and named in the current list of"Treasury Department Circular No. 570" naming the City of Pearland,Texas as Obligee. 6.0 EXECUTION OF AGREEMENT 6.1 The Contract which the successful bidder, as Contractor, will be required to execute is included in the project manual. 3 6.2 The bidder to whom the contract is awarded by the City of Pearland shall,within 10 days after notice of award and receipt of Contract forms from the City of Pearland, sign and deliver to the City of Pearland all required copies. 6.3 At or prior to delivery of the signed Contract, the Contractor shall deliver to the City of Pearland the policies of insurance or insurance certificates as required by the contract documents. All certificates of insurance shall be approved by the City of Pearland before the successful bidder may proceed with the work. 6.4 Failure or refusal to furnish insurance policy certificates in a form satisfactory to the City of Pearland shall subject the bidder to loss of time from the allowable construction period equal to the time of delay in furnishing the required material. 7.0 EXAMINATION OF SPECIFICATIONS AND SITE WORK: 7.1 Before submitting a bid, each bidder shall carefully read the specifications, and visit the site of the work. Each bidder shall fully inform himself prior to bidding as to all existing conditions and limitations under which the work is to be performed and bid a sum to cover all costs of all items necessary to perform the work as set forth in the bid documents. No allowances shall be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. 7.2 If any person contemplating submitting a bid for the work is in doubt as to the true meaning of any part of the specifications, or finds discrepancies in or omissions from any part of the specifications, they may submit to the City a written request for interpretation thereof prior to submitting a bid proposal. The person who submits the request shall be responsible for its prompt delivery. 7.3 Any interpretation or correction of the specifications shall be made only by Addendum and shall be mailed or delivered to each bidder of record. The City shall not be responsible for any other explanations or interpretations of the specifications. 8.0 MATERIAL QUANTITIES: The contractor shall determine material quantities required to properly provide the work as specified, and shall be totally responsible for the accuracy of his or her total quantities. No requests for extras shall be considered due to measurement and/or take off errors made by the Contractor. 9.0 COMPLETION TIME: Bidders shall state the number of calendar days needed to complete the Work. Work not completed on or before the quoted completion date may result in liquidated damages. 4 10.0 WITHDRAWAL OF BIDS: No bidder may withdraw his or her bid for a period of 60 days after the date submitted, and all bids shall be subject to acceptance by the City during this period. 11.0 INSURANCE REQUIREMENTS: The successful bidder, within ten (10) days after the contract award, shall furnish the City with proof of insurance. 11.1 A certificate of insurance, or a copy of the insurance policies shall be furnished to the City no later than ten (10)days after the award of bid. 11.2 The City shall be named as additional insured on all policies. Should any insurance required by this contract lapse, the Contractor shall immediately cease all operations as of the time and date of such lapses and not resume any operations until authorized in writing by the City. If the lapse period extends fifteen (15) days, the contract shall automatically terminate and the contractor will be in breach of this contract. 12.0 INDEMNITY: The contractor agrees to indemnify and hold harmless the City of Pearland, its officers, agents, and employees from any and all claims, causes, actions, and damages of every kind,for injury to or death of any person and damages to property arising out or in connection with the work done by the contractor under this contract, including acts or omission of the City of Pearland or its officers, agents or employees in connection with said Contract. 13.0 CONTRACTORS'SUPERINTENDENT: The contractor shall designate a responsible member of his organization to remain full-time at the project site during the progress of the work. 13.1 Identity of the contractor's designated superintendent shall be submitted to the City immediately after the bid award. 13.2 The contractor shall retain the same individual as supervisor throughout the term of the contract unless the individuals' employment is terminated by the contractor or a substitute is requested by the City. 14.0 SUBCONTRACTORS: 14.1 The contractor, immediately after the bid award, shall furnish the City with a written list of subcontractors proposed for each principal portion of the work. 14.2 The contractor may change a subcontractor on the list with prior approval in writing by 5 the City. 15.0 LIQUIDATED DAMAGES BY CONTRACTOR: It is understood and agreed between the parties hereto that time is of the essence of this Contract, and that for each day of delay beyond the completion date of this Contract, the Contractor shall pay to the City of Pearland as liquidated damages for each day of such delay the sum of one hundred and no/100 dollars ($100.00). This sum shall be treated as liquidated damages and not as a penalty, and the City of Pearland may withhold from the Contractor's compensation such sums as liquidated damages. 16.0 QUALITY ASSURANCE: 16.1 Qualifications of workmen-The contractor shall provide sufficient skilled workmen and a capable supervisor who shall be present at all times during the execution of the work. No allowances will be made for lack of skill on the part of the workmen when accepting or rejecting the work. 16.2 Work performed by all craftsmen shall be in a first class workmanlike manner and shall be performed in strict accordance with the product manufacturer's recommendations and all governing codes and regulations. 16.3 Materials - Best grade materials as regularly manufactured by approved manufacturers shall be provided. Materials not displaying the manufacturer's identification as a standard, best-grade product will not be accepted. 17.0 PRODUCT HANDLING: 17.1 Protection -The contractor shall be totally responsible for all materials delivered to him and for all parts of the work until final acceptance of the work, and shall be liable for all losses or damages thereto which may occur during the progress of the work and before final acceptance. The contractor shall be required to make good at his own cost any loss, injury or damage which said materials or work may sustain from any source or cause whatsoever before final acceptance thereof. 17.2 Replacements - The contractor shall be totally responsible for the quality of the merchandise delivered to the job site. All materials shall not be deficient in quality or workmanship. The contractor shall promptly remove and replace any and all materials found to be deficient in any way and shall take full responsibility for any delays or shortages. 17.3 Storage and Delivery -The contractor shall be responsible for storing all materials and for delivering the materials to the job site as needed. All materials to be delivered to the job site shall be in original, new and unopened packages and shall bear the manufacturer's name and label. The City shall not be responsible for any materials or 6 equipment that is left on the job site. 18.0 PERMITS: A City Building Permit is required for all City construction projects. Fees for Building Permits for City construction projects will be waived. 19.0 SCHEDULING AND ACCESS: Prior to commencing work, Contractor shall submit detailed project plan with work sequence and phasing schedule to City's Water Production Superintendent, Tracy Sambrano, at 281-652- 1799. 19.1 Schedule work in a manner which will allow daily activities of the affected locations to continue with minimum interruption. 19.2 Notify City's Water Production Superintendent a minimum of forty-eight hours prior to any required utility, mechanical, or electrical service interruption. In no event shall power interruptions occur without prior approval. 19.3 Maintain proper and safe access to occupied building areas, exit ways, parking facilities, walkways and fire lanes at all times during construction. 19.4 Utilize designated access routes when entering/exiting the work areas. 19.5 Park construction vehicles only in areas designated by City. 20.0 CLEAN UP: During the progress of the work, the contractor shall remove all discarded materials, rubbish, and debris from the job site daily. Work areas shall be kept clean and safe at all times. 21.0 FINAL INSPECTION: Prior to requesting final inspection, the work in all respects shall be complete. The contractor shall notify City Water Production Superintendent to schedule final inspection. 22.0 WARRANTY: Upon completion of the work and prior to final payment, the contractor shall submit a written warranty guaranteeing all materials and workmanship to be free from defects for a period of no less than one (1)year. 23.0 PAYMENT: Upon acceptance of the work and receipt of written warranties, payment by the City will be made no later than thirty(30)days after receipt of contractors' invoice. 7 SECTION II-GENERAL CONDITIONS OF AGREEMENT 1.0 DEFINITION OF TERMS 1.01. CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to Contractors (Advertisement), Instructions to Bidders, Bid Sheet, signed Agreement, General Conditions of Agreement, Technical Specifications, Plans, and all modifications thereof incorporated in any of the documents before the execution of the agreement. The Contract Documents are complementary, and what is called for by any one shall be as binding as if called for by all. 1.02. SUBCONTRACTOR. The term Subcontractor, as employed herein, includes only those having a direct contract with the CONTRACTOR and it includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. 1.03. WRITTEN NOTICE. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended or if delivered at or sent by registered mail to the last business address known to him who gives the notice. 1.04. WORK NOTICE. 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 other facilities necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be of a good quality. The CONTRACTOR shall, if required, furnish satisfactory evidence as to the kinds and quality of materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 1.05. WORKING DAY. A "Working Day" is defined as any day the weather or other conditions, not under the control of the contractor, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. Saturdays, Sundays and legal holidays may be excluded if no work is performed. 1.06. CALENDAR DAY. "Calendar Day"is any day of the week or month, no days being excepted. 1.07. SUBSTANTIALLY COMPLETED. By the term "substantially completed" is meant that the structure has been made suitable for use or occupancy or the facility is in condition to serve its intended purpose, but still may require minor miscellaneous work and adjustment. 2.0 RESPONSIBILITIES OF THE CONTRACTOR 2.01. 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. The superintendent shall represent the CONTRACTOR. The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible 8 for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements. The CONTRACTOR shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the improvements being erected and his property or any other persons as a result of his operations hereunder. Engineering construction drawings and specifications as well as any additional information concerning the work to be performed passing from or through the CITY OF PEARLAND shall not be interpreted as requiring or allowing CONTRACTOR to deviate from the plans and specifications, the intent of such drawings, specifications and any other such instructions being to define with particularly the agreement of the parties as to the work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use, of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction. The CONTRACTOR shall be responsible for all materials delivered to him for all parts of the work, including that which has been partially paid for, until final acceptance of the entire work, and shall be liable for all losses or damages thereto which may occur during the progress of construction and before final acceptance. The CONTRACTOR shall be required to make good at his own cost any loss, injury or damage which the said materials or work may sustain from any source or cause whatsoever before final acceptance thereof. 2.02. 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 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, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the CITY OF PEARLAND, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. 2.03. CHARACTER OF WORKMEN. The CONTRACTOR agrees to employ only orderly and competent men, skillful in the performance of the type of work required under this contract, to do the work;and agrees that whenever the CITY OF PEARLAND shall inform him in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the City of Pearland's written consent. 2.04. CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the CITY OF PEARLAND may make such changes and alterations as the CITY OF PEARLAND may see fit, in the line,grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompanying Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages,or anticipated profits on the work. If the amount of work is increased, and the work can fairly be classified under the specifications, such increase 9 shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this contract. In case the CITY OF PEARLAND 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 CITY OF PEARLAND shall recompense 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. 3.0 GENERAL OBLIGATIONS AND RESPONSIBILITIES 3.01. RIGHT OF ENTRY. The CITY OF PEARLAND reserves the right to enter the property or location on which the works herein contracted for are to be constructed or installed, by such agents or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said CITY OF PEARLAND may desire. 3.02. COLLATERAL CONTRACTS. The CITY OF PEARLAND agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work, or damage said CONTRACTOR, except where such delays are specifically mentioned elsewhere in the Contract Documents. 3.03. DISCREPANCIES AND OMISSIONS. 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, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined under "Contract Documents" shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the CITY OF PEARLAND shall define which is intended to apply to the work. 3.04. EQUIPMENT, MATERIALS AND CONSTRUCTION PLANS. 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 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. 3.05. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and other on or near the work and shall comply with all applicable provisions of federal, state and municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded 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 such machinery guards, safe walkways, ladders, bridges, gangplanks and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, acting at his discretion as an independent contractor. All permits for securing materials, storage space for materials, plant sites, material yards, camp sites, right to pass upon private property and all such other permits and licenses as he shall desire, or which are necessary for the proper execution of the work, must be secured by the CONTRACTOR at his expense. 10 3.06. LOSSES FROM NATURAL CAUSES. Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstances in the prosecution of the same, 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. 3.07. PROTECTION OF ADJOINING PROPERTY. The said CONTRACTOR shall take 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 adjoining property. The CONTRACTOR is required to replace or repair, if necessary, any portion of pavement or structure adjoining his work which may have suffered through his operations, and all adjacent paving or other structures shall be left in a satisfactory and workmanlike condition, at least equal to that existing before the CONTRACTOR hereunder started his work. The CONTRACTOR agrees to indemnify, save and hold harmless the CITY OF PEARLAND against any claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing out of the performance of the contract. 3.08. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. The CONTRACTOR agrees that he will indemnify and save the CITY OF PEARLAND harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, material, men 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 CITY OF PEARLAND, 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 CITY OF PEARLAND may at the option of the CONTRACTOR either pay directly any unpaid bills, of which the CITY OF PEARLAND has written notice, or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful 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, in no event shall the provisions of this sentence be construed to impose any obligation upon the CITY OF PEARLAND by either the CONTRACTOR or his surety. 3.09. 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 patent or copyright by suitable legal agreement with the patentee or City of Pearland. The CONTRACTOR shall defend all suits or claims for infringement of any patent or copyright rights and shall indemnify and save the CITY OF PEARLAND harmless from any loss on account thereof. If the material or process specified or required by the CITY OF PEARLAND is an infringement, the CONTRACTOR shall be responsible for such loss unless he promptly gives such information to the CITY OF PEARLAND. 3.10. LAWS AND ORDINANCE. The CONTRACTOR shall at all times observe and comply with all federal, state and local laws, ordinances and regulations which in any manner affect the contract or the work, and shall indemnify and save harmless the CITY OF PEARLAND against any claim arising from the violation of any such laws, ordinances and regulations, whether by the CONTRACTOR or his employees. If the CONTRACTOR performs any work knowing it to be 11 contrary to such laws, ordinances, rules and regulations, he shall bear all costs arising there from. 3.11. 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 he will not assign by Power of Attorney, or otherwise,or sublet said contract, and that no part or feature of the work will be sublet to anyone objectionable to the CITY OF PEARLAND. 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 full obligations to the CITY OF PEARLAND, as provided by this Agreement. 3.12. INDEMNIFICATION. The CONTRACTOR agrees to indemnify and save harmless the CITY OF PEARLAND from any and all claims, causes of action, and damages of every kind,for injury to or death of any person and damages to property arising out of the construction of said improvements or the operations embraced by this contract, and including acts or omissions of the CITY OF PEARLAND in connection with said construction. 3.13. CASUALTY INSURANCE. The CONTRACTOR shall, within one week after signing the contract and before any work shall start, furnish the City of Pearland with certificates of insurance satisfactory to the City of Pearland indicating the existence of the coverages noted on the attached. 4.0 PROSECUTION OF WORK 4.01. TIME AND ORDER OF COMPLETION. The CONTRACTOR shall commence work within ten (10) days after order to proceed and shall prosecute the work systematically and energetically so that all of his work will be completed within the contract time. 4.02. HINDRANCES AND DELAYS. For delays occasioned by any act, neglect or default of the CITY OF PEARLAND, the CITY OF PEARLAND shall not be held liable for damages on account thereof, but an extension of time shall be granted to the CONTRACTOR for the completion of this contract, equivalent to the delays so caused. 4.03. EXTENSION OF TIME. Additional time shall be allowed the CONTRACTOR for the following causes: Rises of stream, bad weather, delay of material in transit and proportionate for increased quantities of work or for other causes beyond reasonable control of the CONTRACTOR. Claims for additional time shall be presented to the CITY OF PEARLAND at the end of each month covering delays during that month. Claims not so presented will not be considered. 5.0 ABANDONMENT OF CONTRACT 5.01. ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from the CITY OF PEARLAND, or if the CONTRACTOR fails to comply with the orders of the CITY OF PEARLAND when such orders are consistent with the contract documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and directed to complete the work,and a copy of said notice shall be delivered to the CONTRACTOR. 12 After receiving said notice of abandonment, the CONTRACTOR shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the CITY OF PEARLAND or the Surety on the performance bond, or another contractor in completion of the work;and the CONTRACTOR shall not receive any rental or credit therefore. Where there is no performance bond provided or in case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for within ten (10) days after service of such notice, then the CITY OF PEARLAND may provide for completion of the work in either of the following elective manners: 5.01.1. The CITY OF PEARLAND may thereupon employ such force of men and use such machinery, equipment, tools, materials and supplies as said CITY OF PEARLAND may deem necessary to complete the work and charge the expense of such labor, machinery, equipment,tools, materials and supplies to said CONTRACTOR,and expenses so charged shall be deducted and paid by the CITY OF PEARLAND out of such moneys as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the amount of such excess to the CITY OF PEARLAND;or 5.01.2. The CITY OF PEARLAND under sealed bids, after five (5) days notice published one or more times in a newspaper having general circulation in the county of the location of the work, may let the terms and conditions which are provided in this contract. In case any increase in cost to the CITY OF PEARLAND under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the CONTRACTOR and the surety shall be and remain bound therefore. When the work shall have been substantially completed, the CONTRACTOR and his Surety shall be so notified. A complete itemized statement of the contract accounts shall then be prepared and delivered to the CONTRACTOR and his Surety and the CONTRACTOR and/or his Surety shall pay the balance due as reflected by said statement within fifteen (15) days. When the CONTRACTOR and/or his Surety shall pay the balance shown to be due by them to the CITY OF PEARLAND, then all machinery, equipment, tools, materials 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 CITY OF PEARLAND within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies 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 this 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 CITY OF PEARLAND to exercise ordinary care to protect such property. After fifteen (15) days from the date of said notice, the CITY OF PEARLAND may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit 13 of the CONTRACTOR and his Surety. Such sale may be made at public sale, with public notice. The CITY OF PEARLAND shall release any machinery, equipment, tools, materials or supplies which on the work, and belong to persons other than the CONTRACTOR or his Surety, to their proper City of Pearlands. The books on all operations provided herein shall be open to the CONTRACTOR and his Surety. 5.02. ABANDONMENT BY CITY OF PEARLAND. In case the CITY OF PEARLAND shall fail to comply with the terms of this contract and should fail or refuse to comply with said terms within ten (10) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work and may remove there from all machinery, tools and equipment and all materials on the site of work that have not been included in payments to the CONTRACTOR and have not been brought into the work. And thereupon the CITY OF PEARLAND 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 prices stated in the attached proposal where unit prices are used), the value of all partially completed work at a fair, equitable price, 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. 6.0 SUPPLEMENTARY CONDITIONS 6.01. CLEAN-UP. The Contractor shall at all times keep the premises and public streets free from an accumulation of waste material or rubbish caused by his employees or work, and at the completion of the work he shall remove all his waste and excess material, rubbish and equipment so as to leave the work and the premises neat and clean and ready for the purpose for which they were intended. 6.02. SITE CONDITION. The Contractor shall repair or replace, if necessary, to the City of Pearlands satisfaction any damage to the work site, the adjacent areas, the access areas to the work site and to any elements within these areas that may have suffered damage as a result of the contractors or any of the subcontractors operations. The contractor shall leave these areas in a satisfactory and workman like condition, at least equal to that existing before the contractor hereunder started his work. 14 Section III-Technical Specifications SCOPE OF WORK 1.0 SANDBLASTING OF THE RAS ASSEMBLY AND OTHER ACCESSIBLE PIPING Scope of work includes the sandblasting of the exterior pipes at the ten (1)specified water facility plants, including header pipe, overflow pipes,ground pipes,all connected valves,flanges, booster pumps, and well motor housing. A. Successful bidder(hereafter"Contractor")shall securely cover with plastic and duct tape any part of water facility deemed by City of Pearland to need protection from the sand such as motors or other moving parts on pumps that will not receive coating;as sand induction would cause equipment malfunction/damage. Protect areas including where pipe meets GST, concrete, buildings, plywood, plastic, control panels, and any other areas not intended to receive cleaning/painting. B. Remove all loose paint and rust using sandblasting equipment with blasting abrasive. Sandblast (roughen)the urethane coating on valves to ensure bonding of the new material to be applied per manufacturer's recommendations. C. Use power blowers to remove all debris and sand. D. Sweep and remove all debris created by the sandblasting process and dispose of in a vendor-provided on-site dumpster. 2.0 INDUSTRIAL STRENGTH WATER PRESURE CLEANING Scope of work includes the removal of rust and loose paint at the remainder of work items listed above in accessible areas. A. Contractor shall use an industrial strength pressure washer to remove all excess debris from affected pipes. B. Contractor shall place 80 mesh filters at all drains to capture run-off. 3.0 THREE COAT APDXY SYSTEM OF ALL ABOVE CLEANED SURFACES Scope of work includes Priming of the bare surfaces, one coat of epoxy and one coat of urethane. Awarded vendor shall confirm (with written approval of Water Production Superintendent) the specific shade of blue paint to be applied prior to commencement of work. A. Spray all applicable piping with a primer to a recommended film thickness of 1.5 mils wet. B. Spray two (2) coats at 4-8 mils wet of specified,or approved, paint for all affected Water Facility pipes. C. Spray a coat at 3-6 mils wet of urethane over painting for extended life of paint and pipe exterior. 15 4.0 SAFETY A. Contractor shall use tarps or plastic drop clothes to protect over-spray from affecting any adjacent structures to include unintended Water Facility structures/equipment, adjacent residential housing, and the like. B. Contractor shall dispose of paint, mineral spirits,clothes, rags, and any clean-up materials in a proper manner, and not on Water Facility grounds. 16 BID CERTIFICATION FORM If submitting electronically, please complete and upload the following form as attachment to bid response. "The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid." Vendor Address Phone Fax number Bidder(Signature) Position with Company Signature of Company Official Authorizing This Bid Company Official (Printed Name) Official Position 17 ,/,,,..s.~. ? '.~.\\\ \z s x A $ S March 26, 2013 RE: Cleaning and Painting of Exterior Piping at Ten(10)Water Plant Facilities • Bid No. 0213-31 ADDENDUM NO. 1 Prospective bidders are advised that Section II —Technical Specifications, pages 15 and 16 of the above-referenced bid are hereby replaced by the attached specifications ("Coatings for Steel and Piping" and "Polyurethane Coatings on Steel or Ductile Iron Pipe"). Bidders are further advised that the work for each plant is to be all inclusive: sandblasting, surface preparation, coating, and clean up. If we can be of further service, please do not hesitate to contact me at the email address listed below. Sincerely, 0/Ltd/Ls' Flillith& Trish Erndt Buyer 1 City of Pearland 3519 Liberty Dr., Suite 201 Pearland,TX 77581 terndt@ci.pearland.tx.us CITY OF PEARLAND STEEL PIPE AND FITTINGS Section 02635A COATINGS FOR STEEL PIPE AND FITTINGS 1.0 GENERAL 2.0 PRODUCTS 2.01 EXTERNAL COATING SYSTEM FOR STEEL PIPE INSTALLED ABOVEGROUND (OR EXPOSED) Provide a 3-coat epoxy/polyurethane coating system as designated below. Surface Preparation SSPC SP10 Near White Blast Clean 2.0 to 3.0 mils surface profile Prime Coat PPG,Amerlock 400/2 Epoxy Buffer, or Tnemec 66 Epoxy, or approved equal 4.0 to 5.0 mils DFT Intermediate Coat PPG,Amerlock 400/2 Epoxy Off-White, or Tnemec 66 Epoxy, approved equal 4.0 to 5.0 mils DFT Finish Coat PPG,AmerCoat 450H, or Tnemec 1074, or approved equal 2.0 to 3.0 mils DFT Total minimum allowable dry film thickness for system: 10 mils. All materials shall be from same manufacturer. 3.0 EXECUTION 3.01 EXTERNAL COATING SYSTEM FOR STEEL PIPE INSTALLED ABOVEGROUND,IN VAULTS,TUNNELS OR CASINGS,AND INTERNAL LINING FOR ALL INSTALLATIONS A. Safety: Paints and coatings,specified herein are hazardous materials. Vapors may be toxic or explosive. Protective equipment,approved by appropriate regulatory agency, is mandatory for all personnel involved in painting, and coating. B. Workmanship: 1. Application: By qualified and experienced workers who are knowledgeable in surface preparation and application of high-performance industrial coatings. 2. Paint Application Procedures: SSPC Good Painting Practices, Volume 1. R 02/2013 02635- 1 of 4 CITY OF PEARLAND STEEL PIPE AND FITTINGS C. Surface Preparation: 1. Prepare all surfaces for painting with abrasive blasting. 2. Schedule cleaning and painting so that detrimental amounts of dust or other contaminants do not fall on wet,newly-painted surfaces. Protect surfaces not intended to be painted from effects of cleaning and painting operations. 3. Prior to blasting,clean surfaces to be coated or lined of grease, oil and dirt by steaming or detergent cleaning in accordance with SSPC SP1. 4. Metal and Weld Preparation: Remove all surface defects such as gouges,pits, welding and torch-cut slag, welding flux and spatter by grinding to 1/4-inch minimum radius. 5. Abrasive Material: a. Blast only as much steel as can be coated same day of blasting. b. Use sharp, angular, properly-graded abrasive capable of producing depth of profile specified herein. Transport abrasive to jobsite in moisture-proof bags or airtight bulk containers. Copper slag abrasives are not acceptable. c. After abrasive blast cleaning, verify surface profile with replica tape such as Tes-Tex Coarse or Extra Coarse Press-O-Film Tape, or approved equal. Furnish tapes to Owner for filing and future reference. d. Do not blast if metal surface may become wet before priming commences,or when metal surface is less than 5 degrees F above dew point. 6. Remove all dust and abrasive residue from freshly blasted surfaces by brushing or blowing with clean, dry air. Coating Application: 7. Environmental Conditions: Do not apply coatings when metal temperature is less than 50 degrees F; when ambient temperature is less than 5 degrees F above dew point; when expected weather conditions are such that ambient temperature will drop below 40 degrees F within 6 hours after application of coating; or when relative humidity is above 85 percent. Measure relative humidity and dew point by use of sling psychrometer in conjunction with U.S. Department of Commerce Weather Bureau Psychometric Tables. Provide dehumidifiers for all field-applied coatings and linings to maintain proper humidity levels. 8. Application Procedures: a. Apply coatings in accordance with manufacturer's recommendations and requirements of this specification. Provide a finish free of runs, sags,curtains,pinholes,orange peel,fish eyes,excessive overspray or de-laminations. b. Thin materials only with manufacturer's recommended thinners. Thin only amount required to adjust viscosity for temperature variations, proper atomization and flow-out. Mix material components using mechanical mixers. c. Discard catalyzed materials remaining at end of day. R 02/2013 02635-2 of 4 CITY OF PEARLAND STEEL PIPE AND FITTINGS 3. Apply primer immediately after surface has been cleaned. Thoroughly dry pipe before primer is applied. Apply succeeding coats before contamination of under surface occurs. 4. Allow each coat of paint either to dry or cure amount of time recommended by coating manufacturer before successive coats of paint are applied. Apply all successive coats of paint within recoat threshold time as recommended by coating manufacturer on printed technical data sheets or through written communications. 3.02 INSPECTION A. Procure services of an independent testing laboratory or inspection service,approved by the Engineer, to perform tests on all portions of coating applications. Laboratory shall supply services of NACE Certified Coatings Inspectors having Level III Certification for all coating inspection work. Include cost of such testing in contract unit price bid for the project. Furnish copies of all test reports to the Engineer for review. If defective coatings are revealed, cost of repair and testing of repair will be paid for by Contractor. The Engineer shall have full and final decision as to suitability of all coatings tested. B. For all field applied coatings,including joints,notify Owner sufficiently in advance of work so that Owner can perform examination of and acceptance of surface preparation and application of each coat prior to application of next coat. Furnish appropriate test data to Owner verifying compliance with requirements of this specification of each coat prior to proceeding with next coat. Recoat or repair runs, overspray,roughness and/or abrasives in coating,or other indications of improper application in accordance with coating manufacturer's and the Engineer's instructions. C. Repairs, surface preparation and painting will be subject to inspection by Owner. Guidelines published by Steel Structures Painting Council will be used as basis for acceptance or rejection of cleaning, painting or coating application. SSPC VIS1, Pictoral Surface, along with single-probe magnetic pull-off type dry film thickness gages,electrical holiday detectors,and standard wet film thickness gages will be used to determine acceptability of paint applications. D. Check film thickness with nondestructive magnetic pull-off gage such as Mikrotest Model DFG-100 or electronic thickness gage. National Bureau of Standards certified thickness calibration plates will be used to verify accuracy of thickness gage. Determine maximum and minimum thickness in accordance with SSPC PA2 for frequency and method. Evaluate each length of pipe under SSPC PA2. Consider each field joint area separate and discrete for purpose of DFT measurements. Perform five spot DFT measurements on each field joint area (15 individual readings). Check thickness of each individual coat as well as thickness of overall system with respect to compliance with this specification. Failure to meet either overall system thickness requirements or requirements of component coats shall be cause for rejection and recoat or repair of entire joint or length of pipe. R 02/2013 02635-3 of 4 CITY OF PEARLAND STEEL PIPE AND FITTINGS Holiday Test: 2.02 Begin inspection after coating has sufficiently cured,usually one to five days. (Consult coating manufacturer for specific curing schedule.) 2.03 Use high-voltage d-c holiday detector such as D.E. Steams Company Model 14/20 or Tinker & Rasor Model AP/W. Use 1600 volts, plus or minus 100 volts. Use brass brush type electrode. 2.04 Ground high-voltage d-c holiday detector to metal being inspected. Earth-type ground tape is not acceptable. Mark detected defects with white chalk,repair and reinspect. 2.05 Adhesion Tests: ASTM D 4541; pull-off testing using an Elcometer Model 106 Fixed Alignment Adhesion Tester. Adhesion testing may be directed by the Engineer on any length of pipe or joint which exceeds maximum coating thickness limitations specified in this specification. 3.03 COATINGS INSPECTION A. Owner reserves right to inspect or acquire service of independent third-party inspector who is fully knowledgeable of, and qualified to inspect, surface preparation and application of high-performance coatings to inspect any and all phases of all coatings and linings work, whether field or shop applied. Contractor is responsible for application and performance of coating, whether or not Owner provides such inspection. END OF SECTION R 02/2013 02635-4 of 4 CITY OF PEARLAND POLYURETHANE COATING ON STEEL OR DUCTILE IRON PIPE Section 02636 POLYURETHANE COATING ON STEEL OR DUCTILE IRON PIPE 1.0 GENERAL 1.01 SECTION INCLUDES A Two-component polyurethane coating system for use as an external coating for steel or ductile iron pipe. B References to Technical Specifications: 1. Section 01350—Submittals 2. Section 02634-Ductile Iron Pipe and Fittings 3. Section 02635A—Coatings for Steel Pipe and Fittings C Referenced Standards: 1. American Water Works Association(AWWA) a. AWWA C210, Liquid Epoxy Coating Systems for the Interior and Exterior of Steel Water Pipelines 2. American Society for Testing and Materials (ASTM) a. ASTM D 16, "Standard Terminology for Paint, Related Coatings, Materials, and Applications" b. ASTM D 1737, "Standard Guide for Testing Industrial Water- Reducible Coatings" 3. Steel Structures Painting Council(SSPC) a. SSPC-PA 2, Measurement of Dry Paint Thickness with Magnetic Gauges b. SSPC-PA 3,A Guide to Safety in Paint Application c. SSPC-PS Guide 17.00,Guide for Selecting Urethane Painting Systems d. SSPC-SP 1, Solvent Cleaning e. SSPC-SP 10,Near-White Blast Cleaning 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 of polyurethane coatings in Bid Items for work at each Plant location. 1.03 SUBMITTALS A Make Submittals on all materials, as required by this Section to the City. B Submit coating manufacturer's catalog sheets and technical information for approval. C Obtain from coating manufacturer and submit a coating "affidavit of compliance" to requirements of this Section stating that coatings were applied and in accordance with manufacturer's minimum requirements. R 03/2013 02636- 1 of 6 CITY OF PEARLAND POLYURETHANE COATING ON STEEL OR DUCTILE IRON PIPE 1.04 SAFETY A Secure, from manufacturer, Material Safety Data Sheet (MSDS) for polyurethane coatings and repair materials listed in this Section. B Safety requirements stated in this and related Sections apply in addition to applicable federal, state and local rules and regulations. Comply with instructions of coating manufacturer and requirements of insurance underwriters. C Follow handling and application practices of SSPC-PA Guide 3; SSPC-PS Guide 17.00; Coating Manufacturer's Material Safety Data Sheet. 1.05 DELIVERY, STORAGE,AND HANDLING A Use standard containers to prevent gelling,thickening deleteriously or forming of gas in closed containers within period of one year from date of manufacture. B Label each container of separately packaged component clearly and durably to indicate date of manufacture, manufacturer's batch number, quantity, color, component identification and designated name or formula specification, number of coatings together with special instructions. Do not use coating components older than one year. C Deliver coating materials to pipe manufacturer in sealed containers showing designated name,batch number, color, date of manufacture and name of coating manufacturer. D Store materials on site in enclosures which are out of direct sunlight, and in warm, ventilated, and dry area. E Prevent puncture, inappropriate opening, or other action which may lead to product contamination. 2.0 PRODUCTS 2.01 COATING MATERIAL A Coating Standard: ASTM D 16. B Coating System: Use Specification 02635A. 2.02 REPAIR AND TOUCHUP MATERIAL A Touch up material and application shall be in accordance with coating manufacturer's recommendations. 3.0 EXECUTION 3.01 SURFACE PREPARATION R 03/2013 02636-2 of 6 CITY OF PEARLAND POLYURETHANE COATING ON STEEL OR DUCTILE IRON PIPE A Remove deposits of oil,grease or other organic contaminates before blast cleaning by using solvent wash as specified in SSPC-PA Guide 3. Clean and thy surfaces making them completely dry, free of moisture, dust, grit, oil, grease or any other deleterious substances prior to application of coating. B Exterior Surfaces: S SPC-SP 10,near-white metal blast cleaning. The blasting shall be done with clean,hard,sharp cutting abrasives with no steel or cast iron shot in the mix. C Ductile Iron Pipe: Prior to the start of production blasting, prepare specimens for a white metal blast and a near-white metal blast using the equipment and abrasives proposed for the work. During preparation of the specimens,the blasting intensity and abrasive shall be changed as necessary to provide the degree of cleaning required by SSPC-SP10,except that the color of the blasted substrate is not expected to match the color of blasted steel. After examination and concurrence by the Engineer, the production blasting may begin. Monitor and control the production blasting so that production pipe surfaces match the surface of the approved blasting specimens. 3.02 THICKNESS A External Coatings for Exposed Piping: Minimum DFT of 10 mils. B Thickness Determinations: Use Type 1 magnetic thickness gauge as described in SSP- PA2 specification. Individual readings below 90 percent of specified minimum are acceptable.Average individual spot readings(consisting of three point measurements within 3 inches of each other) less than 95 percent of minimum are not acceptable. Average of all spot readings less than minimum thickness specified is not acceptable. 3.03 JOINTS A Apply coating to unlined pipe surfaces including inside of bell socket and outside of spigot. B Coating thickness on sealing areas of spigot end of pipe exterior: Minimum of 10 mils (0.010 inch). The 10 mils may be exceeded in spigot end provided maximum spigot diameter as specified by pipe manufacturer is not exceeded. 3.04 INSPECTION A Secure approval of surface preparation by coating manufacturer's representative prior to coating application. B Holiday Inspection: Conform to AWWA C 210, Section 5.3.3.1. Follow coating manufacturer's recommendation. Conduct inspection any time after coating has reached initial cure. Repair in accordance with this Section, 3.07 "Repair and Field Touchup". R 03/2013 02636-3 of 6 CITY OF PEARLAND POLYURETHANE COATING ON STEEL OR DUCTILE IRON PIPE 3.05 REPAIR AND FIELD TOUCHUP A Apply repair and touchup materials in conformance with polyurethane coating requirements specified in this Section, excluding equipment requirements. B Repair Procedure-Holidays: 1. Remove traces of oil, grease, dust, dirt, and other deleterious materials 2. Roughen area to be patched by sanding with rough grade sandpaper(40 grit). 3. Apply one coat of repair material described above. Work repair material into scratched surface by brushing. C Repair Procedure-Field Cuts or Large Damage: 1. Remove burrs from field cut ends or handling damage and smooth out edge of polyurethane coating. 2. Remove traces of oil, grease, dust, dirt, and other deleterious materials 3. Roughen area to be patched with rough grade sandpaper (40-grit). Feather edges and include overlap of 1 inch to 2 inches of roughened polyurethane in area to be patched. 4. Apply thick coat of repair material described above. Work repair material into scratched surface by brushing. Feather edges of repair material into prepared surface. Cover at least 1 inch of roughened area surrounding damage, or adjacent to field cut. D Repair Procedure-Thermite Brazed Connection Bonds: 1. Remove polyurethane coating with power wire brush from area on metal surface which is to receive thermite brazed connection. 2. Grind metal surface to shiny metal with power grinder and coarse grit grinding wheel. 3. Apply thermite-brazed connection using equipment, charge and procedure recommended by manufacturer of thermite equipment. 4. After welded surface has cooled to temperature below 130 degrees F, apply protective coating repair material to weld,exposed pipe surface and damaged areas of polyurethane coating. 5. Do not cover or backfill freshly repaired areas of coating at thermite-brazed connection until repair material has completely cured. Allow material to cure in conformance with manufacturer's recommendations. END OF SECTION R 03/2013 02636-4 of 6