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R-2013-192 2013-11-25RESOLUTION NO. R2013-192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES ASSOCIATED WITH THE MAX ROAD SPORTS COMPLEX. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for construction services associated with the Max Road Sports Complex, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Construction Masters, Inc., in the amount of $2,967,075.97; however, the award of the bid shall be contingent upon the authorization of the use of Pearland Economic Development Corporation funds for the project by Brazoria County. Section 3. Subject to any contingencies contained herein, the City Manager or his designee is hereby authorized to execute a contract for construction services associated with the Max Road Sports Complex. PASSED, APPROVED and ADOPTED this the 25th day of November, A.D., 2013. ATTEST: MARIA E. RODRIGUEZ// DEPUTY CITY SECRETARY APPROVED AS TO FORM: G�- DARRIN M. COKER CITY ATTORNEY L) L < JACOBS November 14, 2013 City of Pearland. 3519 Liberty Drive Pearland, Texas 77581 Attn: Ms. Andrea Brinkley, PMP Subject: Max Road Sports Complex (Phase I) COP Project No: P20005, RFB# 0813-79 Recommendation for Award Dear Ms. Brinkley, 5995 Rogerdale Road 77072 P.O. Box 53495 Houston. Texas 77052-3495 1.832.351.6000 Fax 1.832.351.7700 Bids were received electronically for the above referenced project and opened at 2:00 p.m. on Tuesday September 24, 2013. A total of 3 bids were received with bid amounts ranging from $2,639,477.87 to $2,958,207.00. The bid tabulation is attached. Construction Masters submitted the low bid price of $2,639,477.87. There were no discrepancies in the bids submitted. A summary of the bid results is listed below: Contractor Construction Masters Triad Retail Construction Comex Corporation Base Bid $2,639,477.87 $2,839,942.64 $2,958,207.00 Total Bid With Alternates $3,461,607.34 $3,478,569.64 $3,627,474.00 The low bid was over the engineer's estimate of $2,401,801.60 by approximately 30%. The increased construction cost is primarily due to market changes within the last several months which have not shown up in previous bids. There has been a significant increase in construction activity resulting in fewer bidders on projects. Several contractors that we worked with on this project did not submit bids due to their current work loads. The oil shale work in South Texas has also caused a shortage of available trucking and impacted labor availability as well. ' Based on a review of the bids, talking with references, and Construction Masters past work history with the City of Pearland we recommend award of the contract to Construction Masters consisting of the base bid amount of $2,639,477.87 and Alternate bid items 3.01, 3.02, 3.05, 3.06, 3.10, 3.11, 3.12, and 3.13 in the additive amount of $327,598.10 for a total contract value of $2,967,075.97. If you have any questions or require any additional information, please let me know. Sincerely, JACOBS ENGINEERING GROUP INC. /5 Lori K. Bender, P.E. Project Manager VW/vhw P:\City_of_Peadand\W HXJ2100-Detention_Pond\90000NST\Recommendation for award - Max Road.doc Jacobs Engineering Group Inc. City of Pearland Max Road Sports Complex Architectural Package Bid Tabulation Updated.November 14, 2013 No Description Un6 Unit OTT Construction Masters Unit Price Extended Price Triad Retail Coniruction Unit Price Extended Price Comex Commercial Unit Price Extended Price Engineer's Estimate Unit Price Extended Price Contractor s Average Unit Price Extended Price Base Bid 1.01 Mobilization (Not to exceed 3%) LS 1 $ 46,367.45 $ 46,367.45 $ 85,000.00 $ 85,000.00 $ 80,000.00 $ 80,000.00 $ 50.000.00 $ 50,000.00 $ 70,455.82 $ 70,455.82 1.02 SWPPP LS 1 $ 4415.95 $ 4,415.95 $ 13,055.00 $ 13,055.00 $ 15,000.00 $ 15,000.00 $ 15.00000 $ 15,000.00 $ 10,823.65 $ 10,823.65 1.03 Soccer Natural Turf Fields, including laser grading and sod (TIFF 419) LS 4 $ 41,774.86 $ 167,099.44 $ 40,840.00 $ 163,360.00 $ 55,750.00 $ 223,000.00 $ 35,000.00 $ 140,000.00 $ 46,121.62 $ 184,486.48 1.04 Muti-Purpose Natural Tud Fields, including laser grading and sod (TIFF 419) LS 2 $ 49,596.61 $ 99,193.22 8 46,925.00 $ 93,850.00 $ 46,200.00 $ 92,400.00 $ 40,000.00 $ 80,000.00 $ 47,573.87 $ 95,147.74 1.05 Bring in Top Soil for Complex (2 -inch (hick) CY 10,000 $ 19.87 $ 198,700.00 $ 38.00 $ 380,000.00 $ 19.80 $ 198,000.00 $ 20.00 $ 200,000.00 $ 25.89 $ 258,900.00 1.06 Sod (non -field areas) Common Bermuda SF 42,750 5 0.33 $ 14,107.50 $ 0.40 $ 17,100.00 $ 0.37 $ 15,817.50 8 0.30 $ 12,825.00 $ 0.37 $ 15,675.00 1.07 Hydromulch ACRE 17 $ 1,655.98 $ 28,151.66 $ 1,800.00 $ 30,600.00 $ 1,530.00 $ 26,010.00 $ 3,484.80 $ 59,241.60 $ 1,661.99 $ 28,253.89 1.08 Red Maple -30 Gal EA 41 $ 198.72 $ 8,147.52 $ 220.00 $ 9,020.00 $ 211.00 $ 8,651.00 $ 250.00 $ 10,250.00 $ 209.91 $ 8,606.17 1.09 Parsley Hawthorn - 30 Gal EA 10 $ 231.84 $ 2,318.40 $ 40.00 $ 400.00 $ 240.00 $ 2,400.00 $ 250.00 $ 2,500.00 $ 170.61 $ 1,706.13 1.80 Possumhaw Holly -30 Gal EA 14 $ 231.84 $ 3,245.76 $ 225.00 $ 3,150.00 $ 240.00 $ 3,360.00 $ 250.00 $ 3,500.00 $ 232.28 $ 3,251.92 1.11 Savannah Holly - 30 Gal EA 32 $ 198.72 $ 6,359.04 $ 215.00 $ 6,880.00 $ 232.00 $ 7,424.00 8 250.00 $ 8,000.00 $ 215.24 $ 6,887.68 1.12 Willow Oak -65 Gal EA 26 $ 469.19 $ 12,198.94 $ 600.00 $ 15,600.00 $ 452.00 $ 11,752.00 $ 450.00 $ 11,700.00 $ 507.06 $ 13,183.65 1.13 Live Oak - 65 Gal EA 52 $ 441.59 $ 22,962.68 $ 550.00 $ 28,600.00 $ 438.00 $ 22,776.00 $ 450.00 $ 23,400.00 5 476.53 $ 24,779.56 1.14 Liriope'Super Blue' - 1 Gal (02931) EA 160 $ 8.83 $ 1,412.80 $ 10.00 $ 1,600.00 $ 15.00 $ 2,400.00 $ - $ 11.28 $ 1,804.27 1.15 Knock -Out Rose - 3 Gal EA 386 $ 33.12 $ 12,784.32 $ 35.00 $ 13,510.00 $ 31.00 $ 11,966.00 $ 25.00 $ 9,650.00 0 33.04 $ 12,753.44 1.16 Gulf Coast Muhly Grass -3 Gal (02931) EA 90 $ 33.12 $ 2.980,80 $ 35.00 $ 3,150.00 $ 23.00 $ 2,070.00 $ - $ 30.37 $ 2,733.60 1.17 Irrigation (Pumps, Controls, Piping. Ect.) LS 1 $ 373.472.11 $ 373,472.11 $ 405,994.00 $ 405,994.00 $ 370,000.00 $ 370,000.00 $ 240,000.00 $ 240,000.00 $ 383,155.37 $ 383,155.37 1.18 Drain Basins EA 12 $ 1,214.39 $ 14,572.68 8 1,500.00 $ 18,000.00 $ 1,210.00 $ 14,520.00 $ 1,000.00 $ 12,000.00 $ 1,308.13 $ 15,697.56 1.19 Stam Drain Pipes (12 -inches) LF 600 $ 23.72 $ 14,232.00 $ 28.00 $ 16,800.00 $ 31.00 $ 18,600.00 $ 20.00 $ 12,000.00 $ 27.57 $ 16,544.00 1.20 1"-1 1/2' Water line & Fittings LF 155 $ 14.26 $ 2,210.30 $ 11.00 $ 1,705.00 5 12.00 $ 1,860.00 $ 5.00 $ 775.00 $ 12.42 $ 1,925.10 1.21 2-1/2" Water line 8 Fittings LF 170 $ 15.46 $ 2,628.20 $ 14.00 $ 2,380.00 $ 15.00 $ 2,550.00 $ 8.00 $ 1,360.00 $ 14.82 $ 2.519.40 1.22 6' Sanitary Sewer LF 200 $ 30.91 $ 6,182.00 $ 42.00 $ 8,400.00 $ 31.00 $ 6,200.00 $ 12.00 $ 2,400.00 $ 34.64 $ 6,927.33 1.23 Trench Safety LF 1,125 $ 1.27 $ 1,428.75 $ 2.15 $ 2,418.75 $ 1.30 $ 1,462.50 $ 1.00 § 1,125.00 $ 1.57 $ 1,770.00 1.241/2 Infrastructure for future lights (Phase 2) (1- inch conduit) LF 6,500 $ 6.47 $ 42,055.00 $ 3.71 $ 24,115.00 $ 4.00 $ 26,000.00 $ 10.00 $ 65,000.00 $ 4.73 $ 30,723.33 1.25 Parking Lot LED Lights LS 1 $ 100,628.40 $ 100,628.40 8 145,745.00 $ 145,745.00 $ 116,320.00 $ 116,320.00 $ 111,000.00 $ 111,000.00 $ 120,897.80 $ 120,897.80 1.26 Pedestrian LED Lighting LS 1 $ 76,837.48 8 76,837.48 $ 75,298.00 $ 75,298.00 $ 65,230.00 $ 65,230.00 8 53,000.00 $ 53,000.00 $ 72,455.16 $ 72,455.16 1.27 Center Point Conduit from Drop location to Transformer LF 60 $ 69.92 $ 4,195.20 8 123.30 $ 7,398.00 8 135.00 $ 8,100.00 5 100.00 $ 6,000.00 $ 109.41 $ 6,564.40 1.28 Electrical Enclosure Concrete (6 -inches) reinforced LS 1 $ 6,485.92 $ 6,485.92 8 47,668.00 5 47,668.00 $ 20,000.00 $ 20,000.00 8 4,000.00 $ 4,000.00 8 24,717.97 $ 24,717.97 1.29 Center Point Transformer Pedestal LS 1 $ 1,092.95 $ 1,092.95 $ 635.00 $ 635.00 $ 4,400.00 $ 4,400.00 8 4,000.00 $ 4,000.00 $ 2,042.65 $ 2,042.65 1.30 Electrical Enclosure Switchboard, Panel HL, Transformer TLT, and Panel LT 1 $ 37,204.36 $ 37,204.36 $ 95,000.00 $ 95,000.00 $ 46.935.00 $ 46,935.00 $ - 8 59,713.12 $ 59,713.12 1.31 Main duct bank extension LF 600 $ 710.42 $ 426,252.00 $ 501.67 $ 301,002.00 $ 700.00 $ 420,000.00 $ 110.00 $ 66,000.00 $ 637.36 8 382,418.00 1.32 Concrete Walks/Drives (6" Thick) SY 5,700 $ 63.65 $ 362,805.00 $ 54.08 $ 308,256.00 $ 41.00 $ 233,700.00 $ 54.00 $ 307,800.00 $ 52.91 $ 301,587.00 1.33 Grasspave SF 3,000 $ 17.94 $ 53,820.00 $ 10.86 $ 32,580.00 $ 18.00 $ 54,000.00 $ 8.00 $ 24,000.00 $ 15.60 $ 46,800.00 1.34 Dumpster Enclosure and Gate EA 1 $ 26,759.54 $ 26,759.54 $ 55,000.00 $ 55,000.00 $ 5,592.00 $ 5,592.00 $ 10,000.00 $ 10,000.00 $ 29,117.18 $ 29,117.18 1.35 Electrical Enclosure and Gate EA 1 $ 26,954.94 $ 26,954.94 $ 45,000.00 $ 45,000.00 $ 5.243.00 $ 5,243.00 $ 15,000.00 $ 15,000.00 $ 25,732.65 $ 25,732.65 1.36 Retaining Wall at Field 81 Overlook LF 55 $ 156.20 $ 8,591.00 $ 174.27 $ 9,584.85 $ 50.00 $ 2,750.00 $ 75.00 8 4,125.00 $ 126.82 8 6,975.28 1.37 Sliding Gates al Driveway EA 3 $ 3,541.96 $ 10,625.88 $ 5,790.00 $ 17,370.00 $ 3,290.00 $ 9,870.00 $ 4,500.00 $ 13,500.00 $ 4,207.32 $ 12,621.96 1.38 Flagpole EA 2 $ 2,667.23 $ 5,334.46 $ 3,750.00 $ 7,500.00 $ 3,000.00 $ 6,000.00 $ 3.000.00 5 6,000.00 $ 3,139.08 § 6,278.15 1,39 Stationary Bollards EA 10 $ 346.43 $ 3,464.30 $ 128.80 $ 1,288.00 $ 500.00 $ 5,000.00 $ 500.00 $ 5,000.00 $ 325.08 $ 3,250.77 1.40 Removable Bollards EA 8 $ 463.82 $ 3,710.56 $ 385.13 $ 3,081.04 $ 1,000.00 $ 8,000.00 $ 600.00 $ 4,800.00 $ 616.32 § 4,930.53 1.41 Decorative Sphere Bollards EA 6 $ 1,128.27 $ 6,769.62 $ 525.00 $ 3,150.00 $ 2,000.00 $ 12,000.00 $ 1,200.00 $ 7,200.00 $ 1,217.76 $ 7,306.54 1.42 Bike Rack EA 20 $ 437.18 $ 8,743.60 $ 350.00 $ 7,000.00 $ 200.00 $ 4,000.00 $ 500.00 $ 10,000.00 $ 329.06 $ 6,581.20 1.43 Foot Washing Station EA 2 $ 2,569.53 $ 5,139.06 $ 1,765.00 $ 3,530.00 $ 500,00 $ 1,000.00 $ 2,200.00 $ 4,400.00 $ 1,611.51 $ 3,223.02 1.44 Trash Receptacles EA 23 $ 714.95 $ 16,443.85 $ 440.00 $ 10,120.00 $ 500.00 $ 11,500.00 $ 400.00 $ 9,200.00 $ 551.65 $ 12,687.95 1.45 Entry sign LS 1 $ 7,371.32 8 7,371.32 $ 3,480.00 $ 3,480,00 $ 5,000.00 $ 5,000.00 $ 10,000.00 $ 10,000.00 $ 5,283.77 $ 5,283.77 1.46 Restroorns EA 1 $ 207,042.60 $ 207,042.60 $ 155,030.00 $ 155,030.00 $ 632,058.00 $ 632,058.00 $ 96,000.00 $ 96,000.00 $ 331,376.87 $ 331,376.87 1.47 Concession Stand Foundation, Restroom Foundation & Slab Surtound CY 275 $ 341.57 $ 93,931.75 $ 395.96 $ 108,889.00 $ 280.00 $ 77,000.00 $ 400.00 $ 110,000.00 $ 339.18 $ 93,273.58 1.48 Fire Extinguisher EA 2 $ 358.80 $ 717.60 8 125.00 $ 250.00 $ 120.00 $ 240.00 $ 400.00 $ 800.00 $ 201.27 $ 402.53 1.49 Water Meter Vault Installation EA 2 $ 1,655.98 $ 3,311.96 $ 2,500.00 $ 5,000.00 $ 1,650.00 $ 3,300.00 $ 2,000.00 $ 4,000.00 $ 1.935.33 $ 3,870.65 1.50 Water Meter and Vault Cash Allowance EA 1 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 10,000.00 $ 10,000.00 $ 20,000.00 $ 20,000.00 1.51 Parking Lot Signage EA 20 $ 248.40 $ 4,968.00 $ 150.00 $ 3,000.00 $ 200.00 $ 4,000.00 $ - $ 199.47 $ 3,989.33 1.52 12" Wide Red Fire Lane Paint LF 1,000 $ 2.23 $ 2,230.00 $ 3.00 $ 3,000.00 $ 2.00 $ 2,000.00 $ - $ 2.41 $ 2,410.00 Sub"Total Base Bid $ 2,618,657.87 $ 2,819,542.64 $ 2,947,457.00 $ 1,856,551.60 $ 2,795,219.17 Bid Tabulation Updated'November 14, 2013 No Description Unit Unit OTY Construction Masters Unit Price I Extended Price Triad Retail Contructlon Unit Price I Extended Price Comex Commercial Unit Price I Extended Price Engineer's Estimate Unit Price I Extended Price Contractor's Average Unit Price I Extended Price Extra Work Items 2.01 Extra Skilled Labor, as directed by the Engineer HR 50 $ 51.75 $ 2,587.50 $ 85.00 $ 4,250.00 $ 35.00 $ 1,750.00 $ 60.00 $ 3,000.00 $ 57.25 $ 2,862.50 2.02 Extra Unskilled Labor, as directed by the Engineer HR 100 $ 23.00 $ 2,300.00 $ 45.00 $ 4,500.00 $ 25.00 $ 2,500.00 $ 30.00 $ 3,000.00 $ 31.00 $ 3,100.00 2.03 4" electrical conduit, as directed by the Engineer LF 600 $ 17.45 $ 10,470.00 $ 14.00 $ 8,400.00 $ 5.50 $ 3,300.00 $ 4.50 $ 2,700.00 $ 12.32 $ 7,390.00 2.04 Additional Structural Concrete, as directed by the Engineer CY 10 $ 345.00 $ 3.450.00 $ 150.00 $ 1,500.00 $ 250.00 $ 2,500.00 $ 400.00 $ 4,000.00 $ 248.33 $ 2,483.33 2.05 Additional Plant Bedding Preparation, as directed by the Engineer SY 50 $ 40.25 $ 2,012.50 $ 35.00 $ 1,750.00 $ 14.00 $ 700.00 $ 250.00 $ 12,500.00 $ 29.75 $ 1,487.50 Sub -Total Extra Work Nems Total w/o Alternates Alternates $ 20,820.00 $ 2,639,477.87 $ 20,400.00 $ 2,839,942.64 $ 10,750.00 $ 2,958,207.00 $ 25,200.00 $ 1,881,751.60 $ 17,323.33 $ 2,812,542.50 3.01 Concession Stand w/ Grease Trap EA 1 $ 126,893.35 $ 126,893.35 $ 150,000.00 $ 150,000.00 $ 210,000.00 $ 210,000.00 $ 75,000.00 $ 75,000.00 $ 162,297.78 $ 162,297.78 3.02 Pulling Wire and Connecting to Musco Field Lighting (for three fields) (Requires A3) LS 1 $ 172,221.94 $ 172,221.94 $ 98,000.00 $ 98,000.00 $ 64,450.00 $ 64,450.00 $ 54,000.00 $ 54,000.00 $ 111,557.31 $ 111,557.31 3.03 Contractor to Purchase and Install MUSCO poles and lights (Requires A2) LS 1 $ 298,738.83 $ 298,738.83 $ 270,600.00 $ 270,600.00 $ 297,660.00 $ 297,660.00 $ 317,000.00 $ 317,000.00 $ 288,999.61 $ 288,999.61 3.04 Soccer Goals and Installation (Pairs) EA 6 $ 4,415.95 $ 26,495.70 $ 4.695.00 $ 28,170.00 $ 5,164.00 $ 30,984.00 $ 4,000.00 $ 24,000.00 $ 4,758.32 $ 28,549.90 3.05 Corner Markers and Installation Owl/field) EA 6 $ 551.99 $ 3,311.94 $ 125.00 $ 750.00 $ 1,000.00 $ 6,000.00 $ 350.00 $ 2,100.00 $ 559.00 $ 3,353.98 3.06 Installation of City Provided Goals (Pairs) EA 6 $ 551.99 $ 3,311.94 $ 500.00 $ 3,000.00 $ 200.00 $ 1,200.00 $ 500.00 $ 3,000.00 $ 417.33 $ 2,503.98 3.07 Installation of City Provided Comer Markers (1 setifiekl)' EA 6 $ 276.00 $ 1,656.00 $ 50.00 $ 300.00 $ 100.00 $ 600.00 $ 100.00 $ 600.00 $ 142.00 $ 852.00 3.08 Entry Walls LF 445 $ 365.70 $ 162.736.50 $ 95.00 $ 42,275.00 $ 35.00 $ 15,575.00 $ 60.00 $ 26,700.00 $ 165.23 $ 73,528.83 3.09 Indian Hawthorn (In Place of Knock Out) EA 386 $ (3.31) $ (1.277.66) $ 12.00 $ 4,632.00 $ 23.00 $ 8,878.00 $ 25.00 $ 9,650.00 $ 10.56 $ 4,077.45 3.10 Glass Block on North Facing Wall of Restroom Facilty (Double Wall) LS 1 $ 662.39 $ 662.39 $ 5,000.00 $ 5,000.00 $ 1,500.00 $ 1,500.00 $ 4,000.00 $ 4,000.00 $ 2,387.46 8 2,387.46 3.11 Mark Field Comers and Underground Utilities for field light installation LS 1 $ 1,324.78 $ 1,324.78 $ 3,500.00 $ 3,500.00 $ 5,000.00 $ 5,000.00 $ 4,000.00 $ 4,000.00 $ 3,274.93 $ 3,274.93 3.12 Maintenance and Mowing for 60 days alter substantial completion of all grassed areas 1 $ 6,623.92 $ 6,623.92 $ 12,600.00 $ 12,600.00 $ 10,560.00 $ 10,560.00 $ - $ 9,927.97 8 9,927.97 3.13 12 Months of Tree and Shrub maintenance. 1 $ 13,247.84 $ 13,247.84 $ 14,600.00 $ 14,600.00 $ 13,860.00 $ 13,860.00 $ - $ 13,902.61 $ 13,902.61 3.14 4" Drain Pipe for connecting retaining wall to storm sewer at Entry Walls (3.08) 200 $ 30.91 $ 6,182.00 $ 26.00 $ 5,200.00 $ 15.00 $ 3.000.00 $ - $ 23.97 $ 4.794.00 Sub -Total Alternate Items Total Contract Price Bid $ 822,129.47 $ 3,461,607.34 9 638,627"00 $ 3,478,569.64 $ 669,267.00 $ 3,627,474.00 $ 520,050.00 9 2,401,801.60 $ 710,007.82 $ 3,522,550.33 Resolution No. R2013-192 Exhibit "A" Project Manual for: Construction of Max Road Sports Complex Phase I At Max Road RFB No.: 0813-79 COP No. P20005 AUGUST 2013 Prepared By: Jacobs Engineering Group, Inc. 5995 Rogerdale Road Houston, Texas 77072 F-2966 ►•OFT, * 5 -Ari LORI K. BENDER �....' 101933 41 OA,iCENSE�,, ply 419%....'"**** 444 SIONA EN g�a1 ao13 CITY OF PEARLAND BRAZORIA COUNTY, TEXAS 1 CONTRACT DOCUMEN• TS & TECHNICAL SPECIFICATIONS FOR �J CONSTRUCTION OF MAX ROAD SPORTS COMPLEX PHASE I AT MAX ROM) R.EB # 0813-79 COP PROJECT NO. P20005 TABLE OF CONTENTS NO. OF SECTION TITLE PAGES DIVISION 0 —BIDDING AND CONTRACT DOCUMENTS 00001 Project Manual Cover 1 00010 Table of Contents 4 00100 Invitation to Bid 3 00200 Instructions to Bidders 8 00300 Bid Proposal 2 00500 Standard Fon-n of:agreement 7 00610 Performance Bond 00611 Payment Bond 2 00612 One-Year Maintenance Bond 2 00615 Partial Waiver of Lien 1 00700 General Conditions of Agreement 36 00700A General Conditions of Agreement Attachment 1 3 00700B General Conditions of Agreement Attachment 2 4 00700C General Conditions of Agreement Attachment 3 10 00800 Special Conditions of Agreement 2 00811 Wage Scale for Engineering Construction 4 DIVISION I — GENERAL REQUIREMENTS 01 100 Summary of Work.... . 12 01140 Contractor's Use of Premises 4 01200 Measurement and Payment Procedures 3 01290 Change Order Procedures 4 01310 Coordination and Meetings 3 01350 S Submittals Supplemental 1 01350 Submittals 6 01355 Construction Schedule 4 01380 Construction Photographs 3 01420 Referenced Standards 5 01430 Contractor's Quality Control 2 01440 Observation Services 00010-- 1of3 Addendum CITY OF PEARLAND TABLE OF CONTENTS 01450 Testing Laboratory Services 2 01500 Temporary Facilities and Controls 10 01505 S Mobilization Supplemental 1 01505 Mobilization Mobilization 2 01550 Stabilized Construction Exit 4 01.555 Traffic Control And Regulation 4 01560 Filter Fabric Fence 3 01561 Reinforced Filter Fabric Barrier 3 01562 Waste Material Disposal 3 01563 Tree and Plant Protection 4 01564 Control of Ground Water and Surface Water 8 01.565 TPDES Requirements 3 01566 Source Controls for Erosion And Sedimentation 5 01570 Trench Safety System 4 01580 Project Identification Signs 4 01600 Material and Equipment , 3 01630 Product Options and Substitutions 3 01720 Field Surveyin2-. 7 01740 Operations and Maintenance Manuals 4 01750 Starting Systems 2 01760 Project Record Documents 7 01770 Contract Closeout 2 DIVISION 2— SITE WORK 02200 Site Preparation 4 02252 Cement Stabilized Sand 4 02255 Bedding, Backfill, and Embankment Materials 4 02317 Excavation And Backfill For Structures 7 02318 Excavation And Backlit] For Utilities 12 02335 Subgrade 7 02370 Geotextile 2 02511 Water Meters ,2 02512 Polyethylene Wrap 4 02515 Water Tap And Service Line Installation 6 02520 Valve Boxes, Meter Boxes, And Meter 'Vaults 4 02531 Sanitary Sewer Service Leads Or Reconnections 6 02534 PVC Pipe. 6 02540 Tapping Sleeves and Valves 3 02603 Frames, Grates, Rings, and Covers 4 02630 Storm Sewers i 0 02633 Adjusting Manholes. Inlets, and Valve Boxes 3 02751. Concrete Pavement .15 02771 Concrete Sidewalks 4 02811 S Landscape Irrigation Supplemental I 02811 Landscape Irrigation 5 02910 Topsoil 3 WHXJ2100 00010-2 of 3 Addendum 2 CITY OF PEARLAND TABLE OF CONTENTS # 02921 S Hydromulch Seeding Supplemental 1 / 02921 Hydromulch Seeding 4 4 02922 S Sodding Supplemental 4 02922 Sodding 4 02931 S Landscape and Tree Planting Supplemental 1 02931 Landscape and Tree Planting 15 APPENDIX Geotechnical Report Center Point Specifications and Details MUSCO Lighting Manufacturing Specification END OF SECTION WCd2i00 00010-3 of 3 Addendum 2 CITY OF PEARLAND INVITATION TO BID Section 00100 INVITATION TO BID CITY OF PEARLAND, TEXAS Lowest Responsible Bidder • Sealed Electronic Bids will be accepted for the following project, in the City's E-bid System. Electronic bids shall be submitted through the City's web site at: www.cityofpearland.org/bids. All interested Bidders are required to register as a "supplier" on the City's E-bid System at the above web address and clicking on "Supplier Registration". Registration provides automatic access to any changes to the Plans, Specifications or Bid time and date. However, submission of an E-bid requires completing a short registration questionnaire found on this web site. For more information regarding registration instructions, see INSTRUCTIONS TO BIDDERS, Section 00200, included in the project bid documents viewable on the web site. Questions regarding electronic bidding should be directed to City Purchasing Officer at ebids@ci.pearland.tx.us. All Bids submitted electronically will remain confidential until the opening date and time when they will be opened and read into the public record. Bids, shall be submitted on the form provided in the E-bid System and submitted electronically through this system to the City Purchasing Officer, City of Pearland, City Hall located at 3519 Liberty Drive, Pearland, Texas 77581. Electronic bids will be accepted until 2:00 p.m., Tuesday, September 17 2013. All Bids shall reference the following project information in the appropriate ) locations in provided electronic format. All properly submitted bids shall be publicly "opened" and read aloud into the public record following the closing of the acceptance period for the construction of: Max Road Sports Comples Phase I City of Pearland, Texas COP PN: P20005 BID NO.: 0813-79 A mandatory pre-bid conference will be held at the City of Pearland City Hall at 3519 Liberty Drive, Pearland, Texas 77581 at 9:00 a.m. on September, 10,2013. The project will entail the construction of six sports fields, restrooms, concession stand, ;andscaping, irrigation, and lighting in an existing detention basin 00100- 1 of 3 10-2012 Addendum 1 CITY OF PEARLAND INVITATION TO BID Upon award of a contract, the successful Bidder will be required to utilize the City's web based project management software, "Pro-Trak" for the administration of the construction project, including but not limited to, all transmittals and material submittals, RFI's, RFC's, Change Orders, Applications for Payment and all project communications with the City, its Construction Manager and Engineer. This system has certain hardware, internet access and operation requirements that form the basis for all project communications, documentation and records for the project. For more information, see INSTRUCTIONS TO BIDDERS, Section 00200. Electronic Bid Documents: including Contract Documents, Plans and Technical Specifications are available for download on the City's Website at: www.cityofpearland.org/bids upon registration. The documents are NOT viewable without registration. These same documents are also available at the following locations. City of Pearland, City Hall (281) 652-1600 Purchasing Department 3519 Liberty Drive Pearland, Texas 77581 Amtek Plan Room (713) 956-0100 4001 Sherwood Houston, TX 77092 The Associated General Contractors of America, Inc. (713) 334-7100 2400 Augusta, Suite 350 Houston, TX 77057 Virtual Builders Exchange (832) 613-0201 7035 W. Tidwell Building J, Suite 112 Houston, TX 77092 McGrawHill Construction—Dodge Reports 1-800-393-6343 No plan fees or deposits are required for plans and bid documents obtained through the City's E- bid System. BIDDERS MUST REGISTER AS A SUPPLIER ON THE CITY'S E-BID SYSTEM IN ORDER TO SUBMIT A BID EVEN IF BID DOCUMENTS ARE OBTAINED VIA ONE OF THE PLAN HOUSES. Bidders accept sole responsibility for downloading all of the required documents, plans, specifications bid forms and addenda required for bidding. No bid may be withdrawn or terminated for a period of ninety (90) days subsequent to the bid opening date without the consent of the City of Pearland. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s). 10-2012 00100-2 of 3 Addendum 1 CITY OF PEARLAND INVITATION TO BID Bid Security and Bonds: Bid Security in the form of Cashier's Check, Certified Check, or Bid Bond payable to the City of Pearland in the amount of 5% of the total base bid price must accompany each proposal. Bidders submitting bids electronically through the E-bid System shall scan and up-load a copy of the sealed Bid Bond as an attachment to their bid. Original documents for Bid Security shall be requested by the City from the lowest two bidders and delivered to the City's Purchasing Officer within 48 business hours of the Bid Opening. Bid Security shall be delivered to: Office of City Purchasing, Finance Department, 2nd Floor City Hall, 3519 Liberty Drive, Pearland, Texas 77581. The successful Bidder must furnish Performance and Payment Bonds as required by Chapter 2253 of the Texas Government Code or other applicable law, as amended, upon the form included in the Contract Documents, in the amount of one hundred percent (100%) of the contract price, such bonds to be executed by a corporate surety duly authorized to do business in the State of Texas, and named in the current list of "Treasury Department Circular No. 570", naming the City of Pearland, Texas as Obligee. Additionally, the successful bidder shall be required to provide a one year Maintenance Bond for the improvements installed as part of this work, as provided in the Special Conditions of Agreement. Equal Opportunity: All responsible bidders will receive consideration for award of contract without regard to race, color, religion, sex, or national origin. Selection Criteria: The Contract is to be awarded on the basis of Lowest Responsible Bidder. In identifying this criteria the City will consider: 1) lowest total bid price for all work listed and specifically requested, including but not limited to: Base Bid, Extra Work items and selected Alternates. The City of Pearland reserves the right to award a contract based on any combination of the above considered to be in its best interests or to reject any or all bids. A bid that has been "opened" may not be changed for the purposes of correcting an error in the bid price. Young Lorfing, TRMC City Secretary, City of Pearland First Publication date August 29, 2013 Second Publication date September 5, 2013 Moo-3of3 10-2012 Addendum 1 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Section 00200 INSTRUCTIONS TO BIDDERS 1. Defined Terms 1.1 The term "Owner" hereinafter is defined as the City of Pearland and is used interchangeably with the term "the City". Both terms are synonymous and refer to the City. 1.2 The term "Bidder" means one who submits a Bid Proposal directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest responsible Bidder to whom the Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bid Documents" includes the Invitation to Bidders, Instructions to Bidders, the Bid Proposal, and the proposed Contract Documents (including all Addenda issued prior to receipts of bids). 1.3 The term"E-bid System" refers to the City's electronic bidding system. This is a web- based system that provides all Bid Documents electronically to potential Bidders and forms the pathway for interested Bidders to submit bids in response to advertisement and invitation. The term "e-bid" and/ or "electronic bid" means the Bidders' electronic response submitted on the electronic Bid Proposal to the Owner by way of the E-bid System. The terms "electronic bid" or "e-bid" are used inter-changeably to describe the above bid process to submit an authorized bid to the City in response to an Invitation to Bidders. 1.4 The term "Pro-Trak" means the City's web-based contract administration and construction records management system used by involved parties to administer the project. This system serves as the web accessed centralized information distribution hub for communications and document management, pay application processing and record retention for all project documentation. Operational instructions for this system will be issued to the successful.Bidder at the pre-Construction Meeting. 1.5 All other definitions set out in the Contract Documents are applicable to terms used in the Bidding Documents. 1.6 Unless otherwise expressly provided herein, all references to "day(s)" shall mean consecutive calendar day(s). 2. Registration for E-bid System 2.1 The Owner's E-bid System is accessible via the City's web site at www.cityofpearland.org/bids. Bid documents can be viewed by simply selecting a specific project from the BID OPPORTUNITIES list and clicking on that project AFTER registration as a Supplier. Potential Bidders MUST REGISTER as a "Supplier" by clicking on the Supplier Registration button and completing the registration form. Registrants must provide data for all categories marked with a"*" and must select the following project bid categories: Building Construction Services, New (includes Maintenance and Repair) Construction Services, General " " 10-2012 00200- 1 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Construction Services, Heavy " " Construction Services, Trade (new construction) Select the appropriate Time Zone for the Bidder's location and whether that location observes Daylight Savings time. Complete the registration information providing all required contact information and establish password security for the E-bid System. Once complete, "suppliers" will receive emails notifying of bid opportunities. Downloading any project bid data will automatically place the bidder's contact information on the list of plan holders list and the E- bid System will automatically send any and all updates, changes or addenda associated with that project. 2.2 The electronic Bid Proposal can only be submitted through this system. The form can be printed for Bidder's use, but the Bid Proposal MUST be submitted on the electronic form within the E-bid System. 2.3 Questions regarding use of the E-bid System may be directed by email to: eb:ids@ci.pearland.tx.us. 3. Copies of Bidding Documents 3.1 Complete sets of "electronic" Bidding Documents are available for download to registered Bidders at No Cost from the City's E-bid System at: www.cityofpearland.org/bids. Interested Bidders must register as a "Supplier" on this site in order to receive the Bid Documents, and all Addenda or other notifications of changes, including communications from the Owner or Engineer. All Bid Documents are available to download and print. /°° 3.2 The Bidder accepts sole responsibility for ensuring that he obtains a full set of these documents by completing the registration and executing a full and complete download of the project documents. Downloading of Bid Documents automatically ensures receipt of any and all subsequent communications from the City or its Engineer. 3.2 Copies of Bidding Documents are available or may be viewed at any of the Plan Houses listed in the Invitation to Bidders. It is recommended that all interested Bidders, whether bidding directly to the Owner or Sub-bidders bidding to a Bidder, register as a Supplier and download the project Bid Documents. 3.3 Complete sets of Bidding Documents must be used in preparing Bid Proposals; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents including, but not limited to all Addenda issued prior to bid. 3.4 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bid Proposals on the Work, and do not confer a license or grant for any other use. 4. Qualifications of Bidders 4.1 In determining to whom to award a contract, the City of Pearland may consider, in addition to the other selection criteria identified in section 16 of these Instructions to Bidders, the following Qualifications of Bidder, and each Bidder must be prepared to submit within two (2) days of Owner's request any or all of such Qualifications requested: 10-2012 00200-2 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 1) A brief narrative of previous experience of the Bidder with projects of a similar nature and scope; 2) A list, including owner name and project location, of on-going projects and contracts for construction of projects of the Bidder which are not yet substantially complete; 3) A list of proposed subcontractors and suppliers for the project being bid; 4) A list of name, address and telephone number of references for projects completed by Bidder; and 5) A Financial Statement of Bidder, consisting of the balance sheet and annual income statement of Bidder for.the Bidder's last fiscal year end preceding the submission of the Bid Proposal, which has been audited or examined by an independent certified public accountant. The Financial Statement of Bidder shall be used to determine a Bidder's net working,capital, which is defined as current assets less current liabilities. A Bidder's net working capital shall be considered evidence of the Bidder's ability to provide sufficient financial management of the project being bid. The Bidder's Financial Statement shall be:clearly and conspicuously marked as "confidential", and shall be deemed and treated as confidential and excepted from the Public Information disclosure requirements of Texas Government Code Section 552.001 et seq., as such information, if released, would give advantage to a competitor or bidder, and/or would cause substantial competitive harm to Bidder. 5. Examination of Contract Documents and Site csa.'‘\ 5.1 It is the responsibility of each Bidder before submitting a Bid Proposal, to (a) examine the Bidding Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors, omissions or discrepancies in the Contract Documents, (f) to recognize and plan for use of the City's "Pro-Trak" software to administer the construction process and perform the work of the project. 5.2 Any reports of explorations and tests of conditions at the site which have been utilized by the Engineer in preparation of the Contract Documents will be made available to Bidders for review, but such reports are not part of the Contract Documents. Bidder may not and should not-rely upon the accuracy of the data contained in such reports, interpretations or opinions contained therein, or the completeness thereof, for the purposes of bidding or construction. 5.3 Information and data reflected in the Contract Documents with respect to underground utilities, equipment or other underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer.by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof. . 5.4 Before submitting a Bid Proposal, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may 10-2012 00200-3 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid Proposal prices for performing and furnishing the Work in accordance with the Contract Time, Contract Price and other terms and conditions of the ,J Contract Documents. 5.5 On request in advance, Owner will provide each prospective Bidder access to the site to conduct such explorations and tests as each prospective Bidder deems necessary for submission of a Bid Proposal. Prospective Bidders shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 5.6 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands, access thereto or contractual arrangements for use by the Contractor required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents.- 5.7 The submission of a Bid Proposal will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid Proposal is premised upon performing and furnishing all of the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in, required by or reasonably inferred from the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. Interpretations and Addenda 6.1 All questions about the meaning or intent of the Contract Documents are to be directed to.Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered or transmitted by electronic means to all registered Bidders in the City's E-bid System. Questions received less than five (5) days prior to the date for opening of Bid Proposals may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. Addenda will automatically be made available to all registered Bidders that have downloaded Bid Documents from the City's E-bid System. 7. Bid Security 7.1 Each Bid Proposal must be accompanied by bid security made payable to Owner in an amount of five percent (5%) of the Bidder's maximum Bid Proposal price, in the form of a certified check, cashier's check or a Bid Bond("Bid Security"). 7.2 Bidders submitting bids through the E-bid System shall scan and up-load a copy of their Bid Security (sealed Bid Bond, Certified Check or Cashier's Check ) as an attachment to "..44) their electronic bid. Original documents for Bid Security shall be requested by the City 10-2012 - 00200-4 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS from the lowest two bidders and delivered to the City's Purchasing Officer within 48 business hours of the Bid Opening. Bid Security shall be delivered to: Office of City Purchasing, Finance Department, 2nd Floor City Hall, 3519 Liberty Drive, Pearland, Texas 77581. 7.3 The Bid Security of the Successful Bidder will be retained until such time as Bidder has executed the Standard Form of Agreement, and furnished the required Performance and Payment Bonds, .whereupon the Bid Security of both bidders will be returned. If the Successful Bidder fails to execute and deliver the Standard Form of Agreement and furnish the required performance and payment bonds within ten (10) days after the Notice of Award, Owner may annul the Notice of Award and shall be entitled to make a claim against the Bid Security. The Bid Security of other Bidders will be retained until the Contract is awarded and the Standard Form of Agreement becomes effective, or all bids are rejected, whereupon Bid Security furnished by all such Bidders will be returned. 8. Contract Time 8.1 The number of days in which the Work is to be Substantially Completed, as set forth in the Bid Proposal form and the Standard Form of Agreement, subject to such extension of time as may be due under the terms and conditions of the Contract Documents ("Contract Time"). All references to "time" or"days" shall be interpreted as consecutive calendar days. 9. Liquidated Damages and Early Completion Bonus 9.1 Provisions for liquidated damages and early completion bonus, if any, are set forth in the Standard Form of Agreement. 10 Substitute or "Or-Equal" Items 10.1 The Contract, if awarded, will be on the basis of the selected materials and equipment described in the Plans or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Plans or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by the Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until-after the Agreement becomes effective. All "or-equal" references shall be interpreted to mean "or approved equal". The procedure for submission of any such application. by Contractor and .consideration by Engineer is set forth in the Contract Documents. 11. Bid Form 11.1 The Bid Proposal form (Section 00300 — Bid Proposal) is included with the Bidding Documents when downloaded. This Document must be printed and signed, as required below, and then uploaded as an Attachment to the Bid. All E-bids must be submitted on the City's official E-bid System Bid Proposal document. All blanks on the Bid Proposal form must be completed or filled in. The Bidder shall bid all Alternates, if any. Incomplete Bid Proposals may be cause for rejection. 11.2 Bid Proposals by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied be evidence of authority to sign) 10-2012 00200-5 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. Once executed the document is to be uploaded as an attachment to the Bid. 11.3 Bid Proposals by partnerships must be executed in the partnership name and signed by a general partner, whose title must appear under the signature, and if a corporate general partner, executed as required above for corporations and the official address of the partnership must be shown below the signature. All names must be typed or printed below the signature. Once executed the document is to be uploaded as an attachment to the Bid. 11.4 The Bidder shall acknowledge receipt of all Addenda (the number of which must be filled in on the Bid Proposal form). 11.6 The address and telephone number for communications regarding the Bid Proposal must be shown on the Bid Proposal form. 12. Submission of Bid Proposals 12.1 The place, date and/or time designated for opening Bid Proposals may be changed in accordance with applicable laws, codes and ordinances. Any such changes to the Bid Schedule shall be made by Addenda. 12.2 Electronic Bids shall be submitted per the requirements, instructions, terms and conditions as stated in the registration and submittal instructions of the City's E-bid System electronic bidding software. All Bidders utilizing this system MUST register as a potential supplier, (Bidder). E-Bids are submitted directly via the City's Web based system located at www.cityofpearland.org/bids. -f Bid Proposals submitted after the bid date and time will be rejected. 13. Modification and Withdrawal of Bid Proposals 13.1 Prior to submission, E-bid Bid Proposals may be modified or withdrawn without prejudice. 13.2 Once submitted, Bid Proposals may only be modified by an appropriate document duly executed (in the manner that a Bid Proposal must be executed) and delivered to Office of City Purchasing, Finance Department, 2nd Floor City Hall, 3519 Liberty Drive, Pearland, Texas 77581 and submitted any time prior to the opening of Bid Proposals. 13.3 A Bidder may not modify or withdraw its Bid Proposal by facsimile or verbal means. A withdrawn Bid Proposal may be resubmitted prior to the designated time for opening Bid Proposals. No bid may be withdrawn or terminated for a period of sixty (60) days subsequent to the bid opening date without the consent of the City of Pearland. 13.4 If, within twenty-four (24) hours after Bid Proposals are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material mistake in the preparation of its Bid Proposal, that Bidder may request to withdraw its Bid Proposal and the bid security may be returned or, at the discretion of the Owner, Owner may make a claim against the bid security. Thereafter, that Bidder will be disqualified from further bidding on the Project to be provided under the Contract Documents. 10-2012 00200-6 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 14. Opening of Bid Proposals 14.1 Bid Proposals will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of the base Bid Proposals and major alternates (if any) will be made available to Bidders after the opening of Bid Proposals. Bid Proposals, in their entirety, shall be open for public inspection after the contract is awarded, with the exception of any trade secrets or confidential information contained therein, provided Bidder has expressly identified any specific information contained therein as being trade secrets or confidential information. 15. Bid Proposals to Remain Subject to Acceptance 15.1 All Bid Proposals will remain subject to acceptance for sixty (60) days after the day of the Bid Proposal opening, but Owner may, in its sole discretion, release any Bid Proposal and return the bid security prior to that date. 16. Award of Contract 16.1 Owner reserves the right to reject any and all Bid Proposals, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. Owner may reject a bid as non-responsive if: 1) Bidder fails to provide required Bid Security; 2) Bidder improperly or illegibly completes or fails to complete all information required by the Bidding Documents; 3) Bidder fails to sign the Bid Proposal or improperly signs the.Bid Proposal; 4) Bidder qualifies its Bid Proposal; 5) Bidder tardily or otherwise improperly submits its Bid Proposal; 6) Bidder fails to submit the Qualifications of Bidder as required under section 3 of these Instructions to Bidders; or 7) Bid Proposal is otherwise non-responsive. Contracts are awarded on the basis of one of the following criteria: A)provision of the "Best Value" or B) Lowest Responsible Bidder 16.2 Best Value. In determining the best value for the Owner, and in determining to whom to award a contract, Owner may consider: 1) purchase price; 2) reputation of the Bidder and Bidder's goods or services; 3) quality of Bidder's goods or services; 4) extent to which the goods or services meet the Owner's needs; 5) Bidder's past relationship with the Owner; 6) impact on the ability of Owner to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; 7) total long-term cost to Owner to acquire Bidder's goods or services; 8) the Qualifications of Bidder; and 9) any other relevant criteria specifically listed in the Bidding Documents. A contract to be awarded to the Bidder offering the Best Value may be let on either a lump sum basis or a unit cost basis dependent on the Bid Proposal format. 16.3 Lowest Responsible Bidder. In determining Lowest Responsible Bidder, Owner will consider: Lowest Total Bid price for all work including Base Bid, Extra Work and Alternates, if any, and any other cost criteria. Additional evaluation criteria may include: the Qualifications of the Bidders, whether or not the Bid Proposals comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Proposal form or prior to the Notice of Award. Discrepancies in the multiplication of units of 10-2012 00200-7 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. A contract to be awarded to the Lowest Responsible Bidder may be let on either a lump sum basis or a unit cost basis dependent on the Bid Proposal format. Acceptance of any and all bids may be conditioned on compliance with the requirement for attendance of the mandatory pre-bid meeting. 16.4 In either case, Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid Proposal and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents, to Owner's satisfaction, within the Contract Time. 17. Contract Security 17.1 When the Successful Bidder delivers the executed Standard Form of Agreement to Owner, it must be accompanied by the Performance, Payment, Maintenance and Surface Correction Bonds required by the Contract Documents. Bonds may be on the forms provided herein or an equal form containing no substantive changes, as determined by Owner. 18. Signing of Agreement 18.1 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Standard Form of Agreement, and the required Performance and Payment Bond forms. Within ten (10) days thereafter Contractor shall sign and deliver the required number of counterparts of the Standard Form of Agreement to Owner with the required Bonds. Within ten (10) days thereafter, Owner shall deliver one fully signed counterpart to Contractor. There shall be no contract or agreement between Owner and the Successful Bidder until proper execution and attestation of the Standard Form of Agreement by authorized representatives of the Owner. 19. Pre-bid Conference 19.1 A pre-bid conference will be held as indicated in the Invitation to Bid. Attendance at the pre-bid conference is MANDATORY to fulfill the prerequisite requirements for Bidders bidding directly to the Owner. 20. Retainage 20.1 Provisions concerning retainage are set forth in the Contract Documents. END OF SECTION 10-2012 00200-8 of 8 CITY OFPEiIRLr1ND BID PROPOSAL . Section 00300 BID PROPOSAL Part A Date: 9/24/2013 Bid of Construction Masters of Houston, Inc.,an individual proprietorship/a cozporation organized and existing under the laws of the State of Texas I a partnership consisting of ,for the construction of: Max Road Sports Complex Phase I City of Pearland,Texas COP PN:P20005 BID NO.;0813-79 (Submitted in Electronic format) To: The Honorable Mayor and City Council of Pearland City of Pearland 3519 Liberty Drive • Pearland,Texas 77581 • Pursuant to the published Invitation to Bidders, and Instructions to Bidders, the undersigned Bidder hereby proposes to perform all the work and furnish all necessary superintendence,labor, machinery,equipment, tools and materials, and whatever else may be necessary to complete all the work described in or reasonably inferable from the Contract Documents for the construction of the Max Road Sports Complex Phase I,at Max Road with all related appurtenances,complete, tested,and operational,in accordance with the Plans and Specifications prepared by the Vernon H. Webb,II,Jacobs Engineering Group, Inc.,5985 Rogerdale Road, Houston,Texas 77459,for the unit prices or applicable prices set forth in Exhibit"A",the electronic bid form as contained in the City's E-bid system, which, once fully executed and submitted shall constitute a legal and executable proposal from the Bidder. It is understood that, in the event any changes are ordered on any part of the Work, the applicable unit prices bid shall apply as additions.to or deductions from the total prices for the parts of the Work so changed. The Bid Security required under the Instructions to Bidders is included and has been uploaded as an attachment within the E-bid system and,that a fully executed, signed and scaled hard copy has been delivered to the Office of City Purchasing,Finance Department, 2"d Floor, City Hall, 3519 Liberty Drive,Pearland,Texas 77581. The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial Statement of Bidder,as required by the Instructions to Bidders if requested to do so as a condition of the Bid review. The Bidder binds himself, upon acceptance of his proposal, to execute the Standard Form of Agreement and furnish an acceptable Peiformance and Payment Bond and Maintenance Bond, each in the amount of ono hundred percent (100%) of the total Contract Price, according to the forms included in the Contract Documents,for performing and completing the said work within Bidder's Initin • 0 -iof4 10-2012 Addendum 4 CITY OF PEARLAND BID PROPOSAL the time stated and for the prices stated in Part B of this proposal along with all required insurance in the required amounts. The undersigned Bidder agrees to commence work within 10 days of the date of a written Notice to Proceed. It is understood that the Work is to be Substantially Complete within 200 calendar days after the date of the Notice to Proceed. Time for Substantial Completion shall begin on the • date established by the Notice to Proceed. The Contractor will pay liquidated damages in the amount(s)specified in Document 00500—Standard Form of Agreement,in the event the Work is not Substantially Complete within the Contract Time. The undersigned agrees that the amounts bid in this Bid Proposal will not be withdrawn or modified for ninety (90) days following date of Bid Proposal opening, or such.longer period us may be agreed to in writing by the City of Peadand and Bidder. It is understood that in the event the Successful Bidder fails to enter into the Standard Form of Agreement and/or to furnish an acceptable Performance and Payment Bond and Maintenance Bond, each in the amount of one hundred (100) percent of the Contract Price, along with all required insurance in the stated amounts within ten (10) days of the Notice of Award, the Successful Bidder will forfeit the Bid Security as provided in the Instructions to Bidders. Unless otherwise expressly provided herein,all references to"day(s)"shall mean calendar day(s). The Bidder acknowledges that the following Addenda have been received. The modifications to the Bidding Documents noted therein have been considered and all costs thereto are included in the Bid Proposal prices. Addendum No.: 1 Date: 9/9/2013 Addendum.No.: 3 Date: 9/17/2013 AddendumNo.: 2 Date: 9/11/2013 Addendum No.: 4 Date: 9/20/2013 Bidder hereby represents that the only person or parties interested in this offer as principals are those named. Bidder has not directly or indirectly entered into any agreement,participated in any collusion,or otherwise taken any action in restraint of free competitive bidding. - Firm N n3e. on ruction Masters of Houston, Inc. B • Tit( V Vice President Address: 3908 3rd Street, Pearland,TX 77581 Phone No: 281-997-2640 ATTEST: Marjorie H. Carus (Seal,if Bidder is a Corporation) (i'yp]ed(or Printed Name) i- Signature Date: 9/24/2013 Incorporated in the St of Texas Bidder's rnitin 0 300.2of3 �i 10 2012 Addendum { CITY OF PEARL AND BID PROPOSAL END OF SECTION C Bidder's Ini' 1' 0 00-3o13 er-, 10 2012 Addenduiu4 City of Pearland Max Road Sports Complex City Project No. P20005 RFB#0813-79 Contractor: Construction Masters. Bid Date: 9/24/2013 Bid Item 'Description Unit Qty Unit Cost Contract Total Base Bid 1.01 Mobilization (Not to exceed 3%) LS 1 $ 46,367.45 $ 46,367.45 1.02 SWPPP LS 1 $• 4,415.95 $ 4,415.95 Soccer Natural Turf Fields, including laser 1.03 grading and sod (TIFF 419) LS 4 $ 41,774.86 $ 167,099.4'4 Muti-Purpose Natural Turf Fields, including 1.04 laser grading and sod (TIFF 419) LS 2 $ 49,596.61 $ 99,193.22 1.05 Bring in Top Soil for Complex (2-inch thick) CY 10,000 $ 19.87 $ 198,700.00 1.06 Sod (non-field areas) Common Bermuda SF 42,750 $ 0.33 $ 14,107.50' 1.07 Hydromulch AC 17 $ 1,655.98 $ 28,151.66 1.08 Red Maple-30 Gal EA 41 $ 198.72 $ 8,147.52 1.09 Parsley Hawthorn -30 Gal - EA 10 $ 231.84 $ 2,318.40 1.10 Possumhaw Holly-30 Gal EA 14 $ 231.84 $ 3,245.76 1.11 Savannah Holly-30 Gal EA 32 $ 198.72 $ 6,359.04 1.12 Willow Oak-65 Gal EA 26 $ 469.19 $ 12,198.94 1.13 Live Oak- 65 Gal EA 52 $ 441.59' $ 22,962.68 1.14 Liriope 'Super Blue'- 1 Gal (02931) , EA 160 ,$ 8.83 $ 1,412.80 1.15 Knock-Out Rose-3 Gal EA 386 $ 33.12 $ 12,784.32 1.16 Gulf Coast Muhly Grass-3 Gal (02931) . EA 90 $ 33.12 $ 2,980.80 1.17 Irrigation (Pumps, Controls, Piping, Ect.) LS 1 $ 373,472.11 $ 373,472.11 1.18 Drain Basins EA 12 $- 1,214.39 $ 14,572.68 1.19 Storm Drain Pipes (12-inches) LF 600 $ 23.72 $ 14,232:00 1.20 1"-1 1/2"Water line& Fittings LF 155 $ 14.26 $ 2,210.30 1.21 2-1/2"Water line & Fittings LF 170 $ 15.46 $ 2;628.20 1.22 6" Sanitary Sewer LF 200 $ 30.91 $ 6,182.00 1.23 Trench Safety • LF 1,125 $ 1.27 $ ' 1,428.75 Infrastructure for future lights (Phase 2) (1- 1.24 1/2 inch conduit) LF 6,500 $ 6.47 $ 42,055.00 1.25 Parking Lot LED'Lights LS 1 $ 100,628.40 $ 100,628.46 1.26 Pedestrian LED Lighting LS 1_ $ 76,837.48 ' $ 76,837.48 Center Point Conduit from Drop location to 1.27 Transformer - LF 60 $ - 69.92, $ 4,195.20 Electrical Enclosure Concrete (6-inches) , 1.28 reinforced LS 1 $ 6,485.92 $ 6,485.92 1.29 Center Point Transformer Pedestal LS ' 1 $ - 1,092.95 $ 1,092.95 Contractor's Initial Bid Form I. of 4 Addendum 4 City of Pearland _ Max Road Sports Complex City Project No. P20005 RFB#0813-79 Contractor: Construction Masters Bid Date: 9/24/2013 , Bid Item Description Unit , Qty Unit.Cost Contract Total Electrical Enclosure Switchboard, Panel HL, • 1.30 Transformer TLT, and Panel LT - V 1 $ 37,204.36 $ 37,204.36 1.31 Main duct bank extension LF 600 $ 710.42 $ 426,252.00 1.32 Concrete Walks/Drives (6"Thick) SY 5,700 $ 63.65 $ 362,805.00 1.33 Grasspave ,SF 3,000 $ 17.94 $ 53,820.00 1.34 Dumpster Enclosure and Gate EA_ 1 $ 26,759.54 $ 26,759.54 ' 1.35 Electrical Enclosure and Gate EA 1 $ 26,954.94 $ 26,954.94 V - 1.36 Retaining Wall at Field#1 Overlook LF 55 $ 156.20 $ 8,591.00 1.37 Sliding Gates at Driveway EA 3 $ 3,541.96 $ 10,625.88 , 1.38 Flagpole EA 2 $ 2,667.23 $ 5,334.46 1.39 Stationary Bollards EA 10 $ 346.43 $ 3,464.30 1.40 Removable Bollards , EA 8 $ 463.82 $ 3,710.56 ' 1.41 Decorative Sphere Bollards EA 6 $ 1,128.27 $ 6,769.62 1.42 Bike Rack EA 20 $ 437.18 $ 8,743.60 �' 1.43 Foot Washing Station EA 2 $ 2,569.53 $ 5,139.06 1.44 Trash Receptacles EA 23 $ 714.95 $ 16,443.85 1.45 Entry sign LS 1 $ 7,371.32 $ 7,371.32 1.46 Restrooms EA 1 $ 207,042.60 $ 207,042.60 Concession Stand Foundation, Restroom V 1.47 Foundation &Slab Surround CY 275 $ 341.57 $ 93,931.75 1.48 Fire Extinguisher EA 2 $ 358.80 $ 717.60 1.49 Water Meter Vault Installation EA 2 $ 1,655.98 $ 3,311.96 1.50 Water Meter and Vault Cash Allowance EA 1 $ 20,000.00 $ 20,000.00 V ' 1.51 Parking Lot Signage EA 20 $ 248.40 $ 4,968.00 1.52 12"Wide Red Fire Lane Paint LF 1,000 $ - 2.23 $ 2,230.00 Sub-Total Base Bid $ 2,618,657.87 Extra Work Items _ Extra Skilled Labor, as directed by the 2.01 Engineer HR . 50 $ 51.75 $ 2,587.50 Extra Unskilled.Labor, as directed by the 2.02 Engineer HR 100 $ 23.00 $ 2,300.00 4"electrical conduit, as directed•by the 2.03 Engineer - - LF 600 $ 17.45 $ 10,470.00 Additional Structural Concrete, as directed by 2.04 the Engineer CY 10 $ 345.00 $ 3,450.00 Additional Plant Bedding Preparation, as 2.05 directed by the Engineer SY 50 $ ' 40.25 $ 2,012.50 Contractor's Initial J� Bid Form 2 of 4 Addendum`4 City of Pearland .Max Road Sports Complex City Project No. P2-0005 RFB#0813-79 • Contractor: Construction Masters Bid Date: 9/24/2013 Bid Item" Description Unit Qty Unit Cost Contract Total Sub-Total Extra Work items $ 20,820.00 Total w/o Alternates $ 2,639,477.87 Alternates 5 3.01 Concession Stand w/Grease Trap EA 1 $ 126,893.35 $ 126,893.35 Pulling Wire and Connecting to Musco Field • 3.02 Lighting (for three fields) (Requires A3) LS 1 $ 172,221.94 $ 172,221.94 Contractor to Purchase and Install MUSCO 3.03 poles and lights (Requires A2), IS 4 $ 298,738.83 $ - 298,738.83 3,04 Soccer Goals and Installation (Pairs) EA 6 $ 4 1-5.95 $ 26,195.70 3.05 Corner Markers and Installation (1set/field) EA 6 $ 551.99 $ 3,311.94 3.06 Installation of City Provided Goals (Pairs) EA 6 $ 551.99 $ 3,311.94 Installation of City Provided Corner Markers 3.07 (1 set/field). EA 6 $ 27.6.00 $ 1,656.00 3,08 Entry Walls LP 4115 $ 365.70 $ 162,736.50 &0g Indian Hawthorn (In Place of Knock Out) EA ' 386 $ (3.31) $ (1,277.66) Glass Block on North Facing Wall of 3.10 Restroom Facilty(Double Wall) LS 1 $ 662.39 $ ,662.39 Mark Field Corners and Underground Utilities - 3.11 for field light installation LS 1 $ 1,324.78 $ 1,324.78 ' Maintenance and Mowing for 60 days after 3.12 substantial completion of all grassed areas LS 1 $ 6,623.92 $ - 6,623.92 3.13 12 Months of Tree and Shrub maintenance. LS 1 $ 13,247.84 $ 13,247.84 '1" Drain Pipe for connecting retaining wall to 44 storm sewer at Entry Walls (3.08) L 200 $ 30.91 $ 6,182.00 Sub-Total All Alternate Items - $ 822,129.47 Contractor's Initial , Bid Form 3 of 4 - - Addend m 4 City of Pearland Max Road Sports Complex City Project No. P2000571) RFB#0813-79 Contractor: Construction Masters Bid Date:9/24/2013 Bid Item Description Unit Qty Unit Cost Contract Total Total Base Bid $ 2,618,657.87 Total Extra Work Bid $ 20,820.00 Total Alternates Bid $ 822,129.47 • Total Bid Without Alternates $ 2,639,477.87' Sub-Total of Selected Alternate Items(3.01,3.02, 3.05,3.06,3.10,3.11,3.12,3.13) $ 327,598.10 Final Contract Award Amount $ 2,967,075.97 • • Contractor's Initia!I Bid Form 4 of 4 Addendum 4 CITY OF PEARLAND STANDARD FORM OF AGREEMENT Section 00500 re-'\ STANDARD FORM OF AGREEMENT THIS AGREEMENT is by and between City of Pearland (hereinafter called OWNER or City) and fOA,Srizucrio►4 tr/1 iksrets raF 'IOUsToro, rmc, . (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all work as specified or indicated in or reasonably inferable from the Contract Documents (hereinafter the "Work"). The Work is generally described as follows: Max Road Sports Complex Phase I at Max Road City of Pearland, Texas COP PN: P20005 BID NO.: 0813-79 Article 2. ENGINEER The Work has been designed by Jacobs Engineering Group, Inc, 5985 Rogerdale Road, Houston, Texas, 77072, Vernon H. Webb, II, P.E. who is hereinafter called ENGINEER and who is to assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work will be Substantially Complete (as defined in Article 1 of the General Conditions) within 200 days (including weekends and holidays) from the date when the Contract Time commences to run as provided in paragraph 5.01 of the General Conditions (as revised in the Special Conditions if applicable), and completed and ready for Final Payment within 220 days from the date when the Contract Time commences to run. No work will be allowed on Sundays. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 5 of the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER five hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 10-2012 00500- 1 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT for Substantial Completion until the Work is substantially complete. After rs\ Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time set out in the Certificate of Substantial Completion or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER five hundred dollars ($500.00) for each day that expires after the time specified in the Certificate of Substantial Completion for completion and readiness for Final Payment. 3.3 Inspection Time. Working hours for the Pearland Inspection personnel are from 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding City approved holidays. The Contractor shall notify the OWNER of any required inspection overtime work at least 48 hours in advance and shall pay the overtime wages for the required City inspections. Article 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work in strict accordance with the Contract Documents in current funds $2,967,075.97 (the "Contract Price"). The Contract Price includes the Base Bid and Alternate(s) 3.01, 3.02, 3.05, 3.06, 3.10, 3.11, 3.12, &3.13, as accepted by OWNER and as shown in Document 00300 —Bid Proposal. C\ Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Section 6.0 "Measurement and Payment" of the General Conditions. Application for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER as provided below. All progress payments will be on the basis of the progress of the Work and actual quantity of Work completed, in accordance with Article 6 "Measurement and Payment" of the General Conditions. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage or actual quantity of Work complete, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions. The OWNER shall make payment within 30 days of receipt of application for payment by the ENGINEER. 5.1.2 Each progress payment shall be less retainage as specified in Paragraph 6.06 of the General Conditions, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may upon 10-2012 00500-2of7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT written recommendation of the ENGINEER pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER's option, may be relieved of the obligation to fully complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under"Final Payment." 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 6.09of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 6.09. Article 6. INTEREST Interest on any overdue payment from OWNER to CONTRACTOR shall be paid in accordance with the provisions of Chapter 2251.025 of the Texas Government Code, as amended. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all available surveys, assessments, reports of explorations, investigations, and tests of subsurface conditions and drawings of physical conditions of the site. Such technical reports and drawings are not Contract Documents, and Owner makes no representations or warranties as to the accuracy of such documents or information, or to whether or not they are complete, comprehensive, or all-inclusive. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work ,and CONTRACTOR assumes the risk of such subsurface and physical conditions, and shall furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests,reports, and studies or similar information or data Ch".\\' are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract documents with respect to existing underground facilities 10-2012 00500-3 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and finish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies in the Contract Documents of which Contractor knew or should have known, and CONTRACTOR shall perform the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents,including any written resolution of any such conflict, error or discrepancy by ENGINEER. In the event of a conflict that was not brought to the OWNER's or ENGINEER's attention prior to the bid, the CONTRACTOR is assumed to have bid the most expensive alternative. Article 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between OWNER and CI'lb.\ CONTRACTOR concerning the Work, consist of the following, each of which are incorporated herein by reference: 8.1 Standard Form of Agreement(Section 00500). 8.2 Performance, Payment, and/or Maintenance Bonds (Sections 00610, 00611, and 00612). 8.3 General Conditions of Agreement (Section 00700), including Attachment No. 1 Workers' Compensation Insurance Coverage, Attachment No. 2 Agreement for Final Payment and Contractor's Sworn Release, and Attachment No. 3 Owner's Insurance Requirements of Contractor. 8.4 Special Conditions of Agreement(Section 00800). 8.5 Plans, consisting of sheets numbered 1 through 77 inclusive with attachments with each sheet bearing the following general title: Max Road Sports Complex Phase I 8.6 Instructions to Bidders and CONTRACTOR's Bid Proposal, including any Addenda referenced therein. 8.7 Technical Specifications for the Work. 8.8 The following, which may be delivered or issued after this Agreement becomes effective: Any Change Orders or other documents amending, modifying, or supplementing the Contract Documents in accordance with the General Conditions. 10-2012 00500-4 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Section 1, "Definitions and Interpretations" of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. r"\: 9.4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from Substantial Completion against defects in materials and workmanship. CONTRACTOR agrees to repair or replace any defective work within this warranty period immediately unless such repairs require long lead time materials and equipment in which case CONTRACTOR shall provide an agreeable schedule for repairs at no additional cost to OWNER. 9.5 The Work will be completed according to the Contract Documents and in accordance with codes, ordinances, and construction standards of the City of Pearland, and all applicable laws, codes and regulations of governmental authorities. 9.6 In the event any notice period required under the Contract Documents is found to be shorter than any minimum period prescribed by applicable law, the notice period required shall be construed to be the minimum period prescribed by applicable law. 9.7 This Contract and the Contract Documents, insofar as they relate in any part or in any way to the Work undertaken therein, constitute the entire agreement between the parties hereto, and it is expressly understood and agreed that there are no agreements or promises by and between said parties, except as aforesaid, and that any additions thereto or changes shall be in writing. 4. 9.8 The provisions of this Contract shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and the intent of the parties, but if for any reason any provision is unenforceable or invalid, such 10-2012 00500-5 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT provisions shall be deemed severed from this Contract and the remaining provisions shall be carried out with the same force and effect as if the severed provision had not been part of this Contract. 9.9 The headings of the paragraphs are included solely for the convenience of reference and if there is any conflict between the headings and the text of this Contract, the Contract text shall control. 9.10 The waiver of any breach hereof shall not constitute a waiver of any subsequent breach of the same or any other provision hereof. Failure by the OWNER in any instance to insist upon observance or performance by CONTRACTOR shall not be deemed a waiver by CONTRACTOR of any such observance or performance. No waiver will be binding upon OWNER unless in writing and then will be for the particular instance only. Payment of any sum by OWNER to CONTRACTOR with knowledge of any breach or default will not be deemed a waiver of such breach or default or any other breach or default. 9.11 The CONTRACTOR acknowledges that the OWNER (through its employee handbook) considers the following to be misconduct that is grounds for termination of an employee of the OWNER: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked,mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the OWNER. The ("P'`, CONTRACTOR agrees that it will not, directly or indirectly; cause an employee of the OWNER to engage in such misconduct. 10-2012 00500-6 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and one to CONTRACTOR. This Agreement will be effective upon execution and attestation by authorized representatives of the City of Pearland and upon the following date: IJ emn/el as- , 2013 . OWNER: CONTRACTOR: CITY OF PEARL D CON5r2u.cTln^l iNIv cis oP 41va57 .I C- By: By: Title: Title: (/ice ineiu i Date: Date: I Z44-13 CIT.Y. .,, . _:,`` j � . 'act►_ i ti0 L (Corporate Seal) it/IIf/NNN� rib'\ ATTEST ATTEST Cyr Address for giving notices pc. 06gc 1.58 Pea, -risze Phone: ag o Fax: AS I -Nt.S-1-1102, Agent for service of process: • END OF SECTION 10-2012 00500-7 of 7 Bond No. 54-197138 CITY OF PEARLAND PERFORMANCE BOND Section 00610 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That Construction Masters of Houston, Inc.of.the City of Pearland , County of Brazoria , and State of Texas, as principal, and United Fire&Casualty Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of$ 2,967,075.97*** for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns,jointly and severally,by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the 25th day of November , 2013 (the "Contract") to commence and complete the construction of certain improvements described as follows: Max Road Sports Complex Phase I at Max Road City of Pearland,Texas COP PN: P20005 BID NO.: 081349 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract Work and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and Contract Documents, then this'obligation shall be void,otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to.the terms of the contract, or to the Work performed thereunder, or:the: plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond,and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 12/2007 00610-1 of 2 CITY OF PEARLAND PERFORMANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 25th. day of . November , 2013 Principal: Surety: Constructon Masters of Houston, Inc. United Fire&Casualty C ompan -- By: By: t/, - — - j 4iM e _ , Attorney-in-Fact -Title: (f rcc �'n?12�5/0�*T Title: _ Address: Address: P.O.Box 1587 118 Second Avenue SE Pearland, Texas 77588 Cedar Rapids, Iowa 52401 Telephone: 281-997-2640 Telephone: 800-343-9130 Fax: 281-485-4702 Fax: 888-726-9738 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 12/2007 00610-2 of 2 United Fire.&Casualty Company United Fire&indemnity Company' Cedar Rapids, Iowa .Gelveston,`Texas' CERTIFIED COPY OF POWER OFATTORNEY (Original on•file at Home Office of Company-See Certification) KNOW ALL:PERSONS BY THESE:PRESENTS. That United Fire & Casualty Company a corporation duly-organized;and existing ‘ rider the laws of the.State::of Iowa, and United Fire.& Indemnity Company a corporation: d duly organize and existing under the laws of the State of Texas (herein collectively called::the Companies) and:having its principal'office in Cedar:Rapids State of Iowe, does make': constitute and a ppoint A.A. SHOTWELL, JR. , OR"MARK SMITH, OR BETTY BUSH, OR PATSY BEALL,:.OR JOSEPH , CHARLES .BLACKSHEAR:, JR. , . ORDONNA WEINEL, ALL INDIVIDUALLY of TEXAS CITY TX Its true and lawful Attorneys)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds;und.ertakings and other obligatory instruments of similar nature as.follows: :A.I1.. bonds:••not to:,exceed...$.1,5;000,000 0Q.:. and to bind;the Companies.thereby as fullyand fo the'same extent as if such instruments>weresigned t)y the duly authorized officersof the Companies and`all the acts of said Attorney, pursuant to the authority;hereby given are hereby ratified and confirmed,The Authority hereby granted is continuous andshall remain an full force and effect until revoked by UNITEDFIRE LT& CASUAY'.C.O:MPANY D AN . UNITE=D<FIRE& INDEMNITY COMPANY This power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by Board of .Directors:of.:the United Fire.:,&.:Casualty Company April 18, 1973 and pursuant to and by the authority of the following resolution adopted .by',the Board of Directors.of.,United Fire& Indemnity Company January 28, 2004. ' "Article V-Surety Bonds and Undertakings" Section 2 Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Compn aies my'a , from time to"time, appoint by written certificates attorneys-in-fact to act in behalf of the Companies in`the execution of:policies of:insurance, bonds; undert reakings and other obligatory instruments of like nature. The signatu of any officer authorized hereby,and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of'attorney'or 's:.:::certification,.of either..authorized hereby; such signature and seal, when so used, being adopted by the..Com anies a.s the original signature of such officer and the original seal of the Companies, to be valid and•binding•upon<the Companies.with;the same force and effect as though manually affixed. Such attorneys-in fact, subject to the:limitations set forth in their respective certificates,of authority shall have full power to bind the Companies by their signature and execution•of any such instruments` and to attach the seal of:the:°Companies thereto. The President or any Vice President the :Board of"Directors or any other officer of the'Companies may'at any time revoke all power and authority previously given to any:attorney in fact: ,s'"""""„ IN WITNESS WHEREOF, the COMPANIES have caused these presents to be-signed by its vice . 4 .o, .4°' '.' president and its corporate seal to be hereto affixed this 15th day of February,;, 2010 43 cORPORATE Z, =6•6 .i..n[E$ E if; UNITED FIRE&CASUALTY COMPANY r� ti UNITED FIRE&INDEMNITY COMPANY SEAL . .y 5£�l. Y� State of Iowa;County of Linn,ss. By Vice President 0n 15.th day of February, 2010, before me personally came Dennis J. Richmann to me'known, who beingbyme duly sworn, did depose.and 'say; that::he resides.in Cedar Rapids .:State of_I:owa that he is:a:'Vice : President of the UNITED FIRE & CASUALTY COMPANY,:'•and,a Vice President:of the. UNiTED FIRE & INDEMNITY COMPANY,„the. corporations described in acid which executed the<above:.instrument; that.he knows the'seels of:said corporations; that the seal affixed to the:.'said instrument is such corporate seal :that it was so affixed pursuant to authority given by:the Board of Diirectors':of said: corporations and that he. signed his.name:thereto pursuant.to:like authority, and':acknowledges.;.same to be the act and deed of •said corporations. Mary A Jansen +y Iowa Notarial Seal E� Commission number713273 • Notary Public My Commission Expires 10126113 My>commrssion expires 10/26/'13 I David A::Lange,,Secretary of UNITED FIRE &";:CASUALTY. MP COANY and Assistant:Secretary of`UNITED FIRE:.& INDEMNITY COMPANY, do hereby certify that•'I have compared"the foregoing copy of the Power':;of Attorney and.affidavit and,.the':'copy of the Section of the by-laws and resolutions of said Companies as set forth in said Power of Attorney, with the ORIGINALS ON`FILE IN THE +' , HOME.OFFICE OF:SAID•COMPANIES,and that the same are correct:transcripts thereof, and of the.whole of the said_originals,,and that the said Power of Attorney has not been revoked and is now in full force and:effect •;; In:testimony of whereof 1 have hereunto subscribed my name:and affixed the corporate seal of the said Compa• nies �oyauCd '3i�'4 this 25th 20 day of ' November 13 moo , - ``. P'n Yry!I�,/ w CORPORATE °yy 4 -+'�o .. - . - - , `J [axe nerE a SEAL -• 37 Y , Secretary °` 'Asst Secretary BPOA0037 061 T United Fire&Casualty Company tia United Life Insurance.Company Addison Insurance Company Lafayette Insurance Company. Insurance Brokers&Managers,Inc. UNITED FIRE GROUP American Indemnity Companies IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT You may call United Fire Group's toll free telephone number for information or to make a complaint at: 800-343-9130 You may also write to United Fire Group at: United Fire Group Attn: Bond Department P.O. Box 73909 Cedar Rapids, IA 52407-3909 -or street address- United Fire Group Attn: Bond Department 118 Second Avenue SE Cedar Rapids, IA 52401 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P.O, Box 149104 Austin, TX 78714-9104 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.48, Governmental Code, and Section 53-202, Property Code, effective September 1, 2001. C HOME OFFICE: 118 Second.Avenue SE, PO.Box 73909, Cedar Rapids, Iowa 52407-3909 Phone:.319-399-5790 FAX:.319-399-5425 Bond No. 54-197138 CITY OF PEARLAND PAYMENT BOND Section 00611 PAYMENT BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That Construction Masters of Houston, Inc.of the City of Pearland County of Brazoria , and State of Texas, as principal, and United Fire&Casualty Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner),in the penal sum of$ 2,967,075.97*** for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns,jointly and severally,by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the 25th day of November , 2013 (the "Contract").to commence and complete the _. construction of certain improvements described as follows: Max Road Sports Complex Phase I at Max Road City of Pearland,Texas COP PN: P20005 BID NO.:0813-79 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor or material to him or a subcontractor in the prosecution of the Work provided for in said Contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in. accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received,stipulates and agrees that no change,extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond,and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder: 07/2006 00611 -1 of 2 CITY OF PEARLAND PAYMENT BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 25th day of November , 2013 Principal: Surety: Construction Masters of Houston, Inc. United Fire&Casualty Company By: diei% Air By: fit Donna einel _ ‘,_ - Title: IJcc / 7,S,D " Title: Attorney-in-Fact _ Address: Address: P.O.Box 1587 118 Second Avenue SE Pearland,Texas 77588 Cedar Rapids, Iowa 52401 Telephone:- 281-997-2640 Telephone: 800-343-9130 Fax: 281-485-4702 Fax: 888-726-9738 NOTICE THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END.OF SECTION 07/2006 00611 -2 of 2 . .. . .„.. .. . „...- ,..,. . , ....,,,..- .::::'.:. - --- , • - . . •.. ..• .. ...... United'Fire:::&.dasuOitY,Pornpenyi:8: . ,].:,:::.. • . --..i.: ....:1t United:.Fire&IndenlnityCortipAPy:::,: Cedar Rapids, Iowa ' , .„ • • •,•,:..,.-. .:•,:.-..„:.:- : .•".GalVeston,'Tekas... ---•:•••:';'::.- - '-'::'....:-. :-.-'''':.:',]-:,-' -•'•••'-''...- CERTIFIED COPY OF POWER OF ATToRNEy...:,:::,...: :. ...:.::?-....., .:,:,..,..,. :.:-.: .:,..i. ::,:::::. 4:::,...:::.:_.:,?:,;:f. . :•-:::.:. -..-'z:.:., -:::,::. :::.!y.::' (Original on file 0::::Homepffiqp..of Company-p0e.ipertifiCetj0p):: •••!••• ,,...::•::!:.. .,.;::i•••:,.i„::.:::,•., r.::::::. .-.•••:_ :,:ii„,•• :i; '.1.:-... ':i......KNOW ALL;PERSONS,.BY::THESE PRESENTS niati..'tinited::Fire.& Casualty 0OrciOeti ,:;;•P corporation,:clUly: organized:.:and existing •,:::::: .,:::: ,1 det the laws of tileStete:i3f:.:1Ov‘ie:,..and United Fire& Ii?q41.:1-5ni !:0impani.,...e corporation duly ,organizedi-an...8 existing under the laws s:•Of.::...:.::.;.., ':•::. •-:.* the State of Texas(hereiti'60.11ectiVely•dalledihai,.Qor'hpatileS):•and:fiaving itS:•prinCipel'officeirrOeder...:Repids•f•Stetelpflo‘.n?a, does nlk ;i:::::,,... :. ..„..„:...... ...,::: ..:.:„... .. ........ ....... constitute and appoint A.A. SHOTWELL,-JR: , OR MARK SMITH, OR BETTY BUSH-;:,'.:OR'PATSYBEALL,,:::::OR'',JOSEPH CHARLES .BLACKSHEAR, JR. ,...OR DONNA WET.NEL, ALL ..INDIVIDUALLY of TEXAS CITY TX . —. ...:-. .: :::•.: .,,,.::!' ::,::':::: -:::::::]; :::::', :..::::!::::::::.:: -::',.:':- :::::i:.: ,::::;.,: .;..;--: s.;'.- '::..:.,:' -']::. ':'!..: „:•!•:::: ,;.:-.,..'' :H::- 1::.i: .:,5,..;','„:•::„ .:':-1.: !:!, ':::::). i!i:: .':,;:,.: -'::-:' ::;': ..f..::.::': :,:4 1!.::. ':.::. -:;;..„-.: :i:';..;:-:':'.: ,.:.:-;- ::':- :'....E::„ ••: ..,...: .:. ...: ,:.... ::... -::::..,..,.:...,., :-:„. ...... .:.• :::..:- •:••••.,„„,:.-: ...-...,...:-• .:::.,,. .H::„...:.„:.: ..: .. ., Its true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful .1•''...-•':'!:•.'::•,. bOndS:,::uridertaking$::'end other obligatory instruments of similar nature as follows All bonci :::.-pot t c,:iiexceesi:...: 1.. .,,900,00999.,:. ...:, :••••::::': enditObin.:;d:tiie donpe6iej...therebY:a•S'iUilY:4..:,na: 9 t11...:e::..4.::11101.e>4 .6tas if SUch:••instirn....0tS„.:'i:'-‘,vere•signed•::by the duly authorized offibert,of:•': .... "•-: .,.....:•1 the Companies and all of said AttOrneyipUrsuentto the authority hereby given erellereb4ratified:endi:confirrnedT e Authority;..s. ':.-:: .•:': hereby granted is continuousan remain• d:shell.. in full force and effect until...10V01.cebY:,PNfTE9-..F10Efi. 0:A8pAqrscpmPAN : l"RUNITED FIRE & INDEMNITY COMPANY -..,.::. :...:..:,.• . ,..., . .::• •. ...... • ,. •..... .....:. „.: .:::.... „:.:.. ••....::.::.:,.: .:;•. This power of Attorney is made and executed pursuant to and by authority of the following By-Law duly edbpted by BoardOf'. :.!..•••.: Directors of the United-Fire..&,:casualty Company April 18, 1973 and pursuant to and by the authority of the following resolution .., :. •••:::. ,.zadopted :iOKilieBot'.8 oti,GifreiOr.s•of.United Fire& Indemnity Company January 28, 2004. - .:;::!.::::•.- -i,:;::::i ,.'•,i:::•:::.:....::::.:::•:,:,..:,...!.:.::::::-...:"::•.:-.. ..:.....:':.:.•:-.;:: ::::-:::.'•.:•:...-::i:!::.;''::..::::is.:::::'':''...;E::.:.::.:::,. ' - •-r•-• :•:': f•••,' :••••.: ::•,-•-.,,,.--'.:::- •••j• ,:..'• -•:,- •.•!•:.::: ••,•: Article V-Surety Bonds and Undertakings" • "•-::-,: ::::',' .:•':... ":]•:- Section 2.-; Appointment of Attorney-in-Fact "The President or any Vice President, or any citherO....ffi officer of the..:compenies.::mey, ..;:::..s.: ,..,.,• ....-•'::: :::..:;:::::. '....:-:..ftiOi'i,-.time to time a0P.bint'bi;written certificates attorneys-in-fact to act in behalf of the Companies in execution of.:policies '-:;•::-..'''...!•: :'''' .2.':orlifei.itanCei; JiOndt.•,;:utidertekings and other obligatory instruments of like nature. The signature of anyso.ffiCe(eithOrize51 •-i:..•:,::.:.::: hereby,and the Corporate seal, may be affixed by facsimile to any power of attorney or"Spedial power.of•-•attorneyi"hor certification of either authorized. hereby; such signature and seal, when so used, being adopted by the Companies ese ..::::...,. ' ..';i:'•:,: :;-:...-:..- :.]:::-:•:.-'original itgnetureOfSi.ich,.officer and the original seal of the Companies, to be valid and binding ypory,the:COmpaniesith:,the•:!y .--:, :•,':::: ';'••• .'..•,:.:...'-':::1'Serne force and effect as though manually affixed. Such attorneys-in fact, subject to the iirnitetionS set forth in their respective certificates of..euthotitY:Shall have full power to bind'the Companies by their signature:e4eXecution,otany...sUCh instruments .-..-:.-::.i.• ..-..:' •''•:.„-. ...:•'' -'....,•`-:....::::',....eri'd to attach the seal bf-: he:.:Companies thereto. The President or any Vice President,:the:POrdorpir. otor..0 or ant;,•]:Otilr:•-••'..•;.:i ::„:;.::::::•,,•: .•::*..-•::.•;..•:,:•.;:•:-.-Officer of the Companies may at any time revoke all power and authority previously given to anyettorneyinfect... •••••,....- ."•'''•••:: .•'--- ...,.. .. ,,,,,,, IN WITNESS WHEREOF, the COMPANIES have caused these presents to be signed by its vice - -'''''', — .•4'. :•••••'-‘4tioa •• V.,--president and its corporate seal to be hereto affixed this 15th day of February.::„...:::. 010 .„..,....::....... . .,...:.:... -:' -->•:• -:' - "..::•:. :••,••• -?::':-......!,..-- ••'••• '::: :;:i7,3 :0.)Itrou..A. -%s•-!.:•:::i-fa.0444)..A.Th:,f.-1:: , • UNITED FIRE&CASUALTY COMPANY -.:.:,: :,..0:.•:::::,.--. ::,,;: .::..,,. ....:•;:: :..- 0 UNITED FIRE&INDEivINItYDOMPANY:,::::.":::;:'::::. .]:':- '..•••• •:..: .:.'.: -• • • •••- • --- -•• - • „ -.„.„ •• • .. :]•--:- •H':: :s.: .:.... :, _-•.:::::• ...E •::.•:-:-.. . i••_...:.-,„ -...:•" • ..r-_-::].....: •,- : -:SRAL . . Z.: .:-71.26 ::.:::. .Z.. ,.:::' :: f'..:.F:-.-,::::::. /1;Pititei7pTi94'\'%‘,::7-: :::•;.:. '..::].:44=iyie.::' .::.j:::::: By 9wf . ''... State of lOwa; County of Linn,,ss: •• Vide President ••••••'. •;:-!•.••::::. On.;..15th day•of.:::.F.ebruary, 2010,, before me personally came Dennis J. Ri chm.ann .....:. to:-Meknown who:being:•.by-.::the-,.'duly::tWarnOid-:f.:Jeppte:...erid-:::eay; thet:•:hesresides ...:19 Cedar Rapids,-. .... JSteteofJOW0;.that he is:::ai:Vice:-•,:-.:,:. •"':::::: President of ihei.•UNfir.•ED:.:FOE::;$, pASOAL:.T)'io.MOANY,..,•.•,eRifie vice•.','Fre0:ler#':'-of:Ihe:..,:y1...1TEp.i;FjF &...:::-: Np....Em. j7,,.,. ...!'.9 OMP..!1.:..i.NY,::.i::.:the._:„:::•!;.: •.' :::1:::..:-: corporations described in and which exeCUted.'!,the,:ebOVe.:'-instrOrnent; that he''knOidvSithe:seels of:::: ::[:-.5orporetibps; that the seal-an.p<eo to''th ',Said instrUrnent4 Stch:-:COrporate. eil;:!rthet ii..was.SO affixed pursuant•to.:authority given by the Opatd...0.-0.q-ectors.:];•Of said' .••-•':1::::' corporations and thatrie:Signedi4,.64rne:th4etO.,,i:puirSO.ant' ::•like authority,::end].!:ecknOWledges,'Sarne tO•be'the.eet-end deed'ofSaid...,••::':. corOarations. ..:..,....,..::...• •,,,•::•:•:- •,,••••,,:.:::..•::,.,.. •• .. ...,„..,... MacyA.„lanse9 , . .. . . .• . . . .. '...'...]........IoWa N64,6g4ai'-' ,. commission rilirniberTf327. . ?::: ;:.:;•i;: ::.- ].4:;.- .....:.- . :::':r:c...::,!- . .... ,..!:.. .. :• . . .:;2..:: ;...:!.z. .:::]: .s:::.- -:.iiOtary. Public•-::...,..:: f.: ' ... n .. ..' : -:::-. ::::: -'''' '...:. "::'•:::::• '.:".. ...::-. '::-•'' ::... ..::::::-• •:'• My cornthisSion•:•expires:,10/26/13„:,: •.....: ''''''''-':',...'_•.:::;:1: DeVid A :La6go-',.:::serei4r.-s4:::.of UNITED FiRE'&.'::.:OSUALTii..•:PsiMIDAN and.'1:Assistant]..SecretarY:rOfi•].1)NITED•..FIRE. . 8i';':•INPENINIT ':::•:::)'!:'•',:'::'comPANY;:. do... hereby certify that'I have compared the foregoing copy of the Power of'Attorney and.affidavit -enei.:itle-:,c-Optii:ofthe"•::•••:,••:: Section of the by-laws and resolutions of said Companies as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE '.::•.'4::,- 0ME.•_OFFICE.OF:SAID COMPANIESand.thet the same,are correct,transcripthereof?,end:of the.)f..yholeo..,fthseidHorigiri.....a.,:is, and...:..:... -.. .. . , . that the Power- iOf AtthrneyneSpOt.:•:4,een:;tevbed:::.:en!::iS,:nON in full force and effect ;:.i••• --:.i...:-..•:::•'-'. .,..'::-....•••:-. • ,...'...:,..:•::...::... --,;•:.-•'•:::::-.. - .-- '••• •••:•., --,-. :-': ':::,,, Ir..lestirnt;iiy.••.6f:Akhareof.,I.E..h69,liaruntoi4bcribed--My name apd affixed theCA'.?rOcirete'sl,9... .iti0:*)(-Lca-..:.:Palj:f:es .'s' thiS--::,::::Zth,.•:•:'• -•:::,'day::-of,',': •..--::::::' '','.•:::.;, s‘ . ')-, .:•::,::•,.-.• iP.4134A;;-•:•••••.i:•:::::.,.::::4::•:•-• :•,::::;::...:•-•i:>.i,: •:i.•:„•-,-.- ..,;••,..:.•:::•• oS -•'•z_.::,t„41' . SEAL s :IW CORPORATE %S. ii-4 %s .,. CORPORATE is ,...,.:,.:•: :•,.. ,:;::;.,] .;.....3%. -,:„.::,,:•:•: .ir,,..,•,-•::,L I.-,•-:::-:-E.,-.::,,,' ...:,...: ,..]:: ::::! .i.•::..- -,;-..J: secretary"• ,;:•"•i :::-.::::•:!:-....:.:: ..,..,0:,:!!::,::•,:.,::,... !,-'.. ::.:. ;,?,.;.:' -::•::,:- :-:.:::: „.:-...,..,:ASst-....;:,seoretaly:.:, United Fire&Casualty Company United Life Insurance.Company Addison Insurance Company Lafayette Insurance Company Insurance Brokers&Managers,Inc. (19' ' UNITED FIRE GROUP American Indemnity Companies IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may call United Fire Group's toll free telephone number for information or to make a complaint at: 800-343-9130 You may also write to United Fire Group at: United Fire Group Attn: Bond Department P.O. Box 73909 Cedar Rapids, IA 52407-3909 -or street address- United Fire Group Attn: Bond Department 118 Second Avenue SE Cedar Rapids, IA 52401 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.48, Governmental Code, and Section 53-202, Property Code, effective September 1 2001. HOME OFFICE:118 Second Avenue SE,PO Box 73909, Cedar Rapids, Iowa 52407-3909 Phone:319-399-5790 . FAX: 319-399-5425 Bond No. 54-197138 CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND Section 00612 ONE-YEAR MAINTENANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW_ALL MEN BY THESE PRESENTS: ThatConstruction Masters of Houston, Inc. of the City of Pearland , County of Brazoria , and State of Texas, as principal, and United Fire&Casualty Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of$2,967,075.97*** for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns,jointly and severally,by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the 25th day of November , 2013 , (the "Contract") to commence and complete.the construction of certain improvements described as follows: Max Road Sports Complex Phase I at Max Road City of Pearland,Texas COP PN: P20005 BID NO.: 0813-79 which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully correct all such work not in accordance with the Contract Documents discovered within the one-year period from the date of substantial completion, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in. accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications,or drawings accompanying the same, shall in any way affect its obligation on this bond,and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. 07/2006 00612- 1 of 2 CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND C, IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 25th day of November ,2013 Principal: Surety: Construction Masters of Houston, Inc. United Fire&Casualty Company di r,, - B onna Wemel /// / '12!L r^ Attorney-in-Fact _ Title: [� �?� i Tithe: y- � = Address: Address: P.O.Box 1587 118 Second Avenue SE Pearland,Texas 77588 Cedar Rapids, Iowa 52401: Telephoner 281-997-2640 Telephone: 800-343-9130 Fax: 281-485-4702 Fax 888-726-9738 NOTICE:THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 07/2006 00612-2 of 2 - ••• •• - 'United Fire&CasuCompanyalty. ....... ..• . - -•:- --- •:, - ••••• . ... '.. United Fire& Indemnity Company Cedar Rapids, Iowa . Li..•::'•;:.: alkieston,'Texas:.:, ..:.:,„:.... • • •••• . ..:::.':'....: CERTIFIED COPY OF POWER,OF ATTQR.NEY.•,:::::::-j:.-::•:!•,••:.... .:::........... ...... :::%:.:: %. '... ....:"' -:... :•'''' '' .'" l on file at'HOme..OffiCe.of C p :.. See:•Certification) ..:1 . :•,:. :,•::„.. .,,,.. ..„,:,..,.„ .,::.: . .....:• ,::: .;:: ( 1\i THESEOw:'...:-Aii:PERON4BY.... .,15RE85i:\I1- ; That...linited:.fire & Casualty CompanYr;a corporation duly organized.and existing. ..:..,..• ..::•.:.. '.d the laws of the State of nd United Fire:&.. InderhipitYCOmpany,;a: orporati0..:...dyly organized and existing under the laws:,,:Of the State6f Texas (hereini.O6IlectiVe..lyaf)eo1.jheiC6Tpahiee);:,arid-having its principal.officein..,,..CeOer::Repid..e, State. f of loWa, does make,„:::, .L.: •.",:... . .„.. constitute and. apO8ihi A.A. SHOTWELL, JR. , (JR.-41AI* SMITH, OR BETTY BUSH..;;.....OR'PATSY.f.BEALLOW':JOSEPH ...',.?;..:-...... - ONNA WEINEL, ALL INDIVIDUALLY of TEXAS CITY TX :..:.::.:::..::.. :.•:.:,., . ''.::..': ...-,..N",....:"..:Y....' '':,-::.:.:2:- .....:P'-'• i':::.,',': ::::f :r.i f•:::•'.:•::-.. -:.%c'--:.., •... ...••• --:::::::::•,•,. .':::,•- ..-!''' Its true and...1aArful.A....ttorney(s....)-ih-FaOt with power.;:...... O authority hereby conferred to sign, seal and execute in. its behalf all lawful ....::„.. s ▪ btinds',undertaking .end other f..obligatoryAn!.trurn...:arAofeirh:lar...nature as follows :..)y!......1 bgild .:::.rio.t top?oeed.,: .15:..,::,0 00,000....:.00....: .::.:.::.,..,..,...,.... :end,t6•:614the Companies.:.:.:'... ...:,'thereby..,• 4§-fully.:and,to the sarne.65d extent as if such::::ipstr:nanfe..'were,eighedby the:Oiily: .4h00zed officers of ''..-• -'.: • theCompanies arid,.al(thqacts of said Att6they:;:;„04rsuentto the euthorityherby:-given are hereby ratified.:iand::OOn.fi. rtried'.,The Authority ..:!.•:•• hereby is continuous.... ....,, ...,....:,:. fulleffect * f,.irce a::iti: uhtil....reyokeFI•E'bypN7.:,:„.j..?::,FT :..:.-:&.:?.i.s..-,/7r...l....,:,..f..:::...(,:. :!...DIMPAN.",.-:ANp::. .: .,.. ,... ,..,:. UNITED FIRE& INDEMNITYcomF,.,:. ,.!iy:...;:.,. ..„.„,i... _.... . ..... ....,..,:,..:.. :,. This power of Attorney is made and executed pursuant to and by authority of the following BY-T.ew thily"adopted by Board of-• ' • 'Directorsof the United .Fire..&::;pasualty.Company April 18, 1973 and pursuant to and by the authority of the following resolution .....,... -...r; adopted :bytlie!13o,aj.d of:.:pire99T.:.:;(-::,.,f,,United Fire& Indemnity Company January 28, 2004. • . "Article V-Surety Bonds and Undertakings" , Section2 Appointment gi:-,Attorney-in-Fact. "The President or any Vice president, or any other officer of the Compa :.... ,,. . , . ,. ..., .. .....:'... ...' •-•:: m . time' to time appoint by written certificates attorneys-in-fact to act in behalf of the CoMpeniee:.:Ir.theiexecytiOn'Of::poljoieds :;...:•-:::::. l'.....::„:.11::]...!-::..:-.•:.:::: ofif9•,:iiiiiiranOe,% 66nde,l'''..:..undettekings and Other obligatory instruments of like nature. The signature of ahY:spiffiOF. uth9r!?. . ,,...).......: hereby,and the Corporate seal, may be affixed by facsimile to any power of attorney or special power Of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies .. ae..the 91 ' .!...' ''' '... . .... . ' I signature of such officer and the original seal of the Companies, to be valid and binding UPonc,the.:.COrnpanieewit6.:the:...,:..„...:: :-. .......i:'1' ;iginefofee end effect.i.e.thOUgh manually affixed. Such attorneys-in fact, subject to the.lirnitatiops 9t forth.::in:-their respective -'-']....certificates;.of'•aythority,shal..I.,:.have full power to bind the Companies by their signature:and:6*.edptiohr:of.ani.••sh instruments and to attach the seal •Otthe Companies thereto. The President or any Vice President :the.'::B6ard:,:6f:,:qii... 0t..,-.? or any,. t1r1-...:,..:..,..:.!:. officer of the Companies may at any time revoke all power and authority previously given to any..ettorney171aot. .....: • ....• ,..... , IN WITNESS,WHEREOF, the COMPANIES havepresents caused these to be signed by its vice '.,, president and its corporate seal to be hereto affixed this 15th day of Februarfy :.,,2010 --- " -...,..... :...... ...::.. . . . 'I.:' :'-:-,-•'..1-..i!6 66.014#. ts:--: ::::::sa .0. 1t.'.... ; :.1.1::.::. FIRE&CASUALTY COMPANY ]i:.;; :::...:,'.:' it.,:a •:::: !, 0,,ki. :, .-,4s '.;:.:..-:,....,::: ...-f.-.. ,,:-.::,,..:..-., .,. UNITED FIRE&INDEMNITY COMPANY ...,:.:i..,..:..-,...!;.•:.: :.:.:....:• ..,......., ...::.::... ::,.. •.:::',,••••:::: ::!:]::.•;,;,c6.: -'..,.:„... -•0•4',$.,:,•• •:•.,•%"*,,,,.;:` :05-,S.Z.-.-..::::,' . ••::i:::-..::- •i::::. ,4:4 •,,•, ',,,••••.' :•:.•;..f• ,.-f4k,"'itio-- -•-:•••• • . ....:, 4,,,,itno..•.: -• •••::•:••• •,•••:•. •- ,::: ''''''''':.•••••.;State oflOW8; County:Of Li § By 9iwj nn, . Vice President 15 h day of::-rebryery. , 20:...1.O,:...Oaf or:e.. me personally came Dennis J. R chmann , .. .1;Clr:1m.:'.e:t.-kr.(bwn, WhO'b.eing:;::•bY.::rn e::ouiy,..; orp• did..deposeand....ay; that!.ihe.'resid...e.s::m Ceidar,•Rapidois •Slatie.koftowa,.that he is:.;e:Vice;::: :..:..i, President of UNITEDthe : .. .:.. CASUALTWCOMPANy,:::.ande Vice:F)::rasl.en.,..t:of,.. he...yNITED...‘.F,. .. ......: ..:...N...,.r.,ANIITY:cavigNy;.;.:th9..:„.:; .: corporations despiribaO 1...t)--apFl .which exe6Yted:',:the:-aboyeinstryment; that he the seals of...,:: ... ..id.::. or.ppraiof...., , that the seal affixed ,.:1•16:',1be.:::eaid instrument is such corporate that lt:waa:: affixed pursuant _f0..atithority:.givep by the Board of Directors of- a..id. corporations and ftit,-11pr!=*idned:::1:ij :.:.:1:10.r:p.e.thp;.!9. ,1:i:'pLit. t.i. ,ii..t:;'.,7tc,°.....like auth6iify,:......,..60,::ackii.ow;elgOa,...::::: arp.. ...tp..bet.h...e..:.:al..,and deed'ofeaid.::::.., .....,N::. . :.:corpora ::„. . ..., ... .-,,,:......„..,- —... .... corporations. .:..- . • MaryA...lanse9 .... :. • •. . .. . . ... . . . . ..,. . . • " "...,„1 - . .. Iowa o a .... .. . . ..... A-ber 713273 ; :. ..: :!::,,Hsz,:. ::::.,:.444c.i':"111?)ic a::::;:.:;.:" m'c:ac°:thi%sil!lono9:...';xn15e ::i.,1:0i.,:ti6:. ,.::;. '.,-;..., !;:::: ::-.i: .::,. :,.:. M ,c,e....tiltirifbs,,:::Foirj:bExp&ir:.;.!11\10::1pmi2N:7171,, CASUALTY— .:....,- ...., ..:t. :. 1 David,:kLaiie,..S0Oreiery;!::0f_:!.J.NITED FiRE.:.:&.1:'..i:;:'.C‘.....::SUA....- :.90:...MPAO-and':AOistarit:::SecretarY. of.,WN:.. ... . COMPANY do hereby certify that I have compared the foregoirtg.,Oopyof,: he,power:„of:Attorney and....effidavit, and:-.the:.:O6pYOf:thes:::-::,:!::..... .,,.,.„...... ...SkieocivitioEn. of the by-laws and resolutions of said Companies as set forth in said Power of Attorney, with the ORIGINALS ONF.IL.E lTHE .. ." OFFICE:•:OF.;.•:SA112::::comPA.,N:IES.„,...end.:.ithat..,.,the... orrect transcripts,thereof, and,of the.:p....hole of the said oc.figir-:.....,a.:.ls::,....", an...d„.....,.:.....:"...,. sTPPre correcttranscripts..thereof, d:'6ife -:'.- ' .:-.:- :.::,:' -:.:.. -,:.:..- „.... ,,..„._. .,:.„.:. ..., .... ..... .... that the P6Wer.:.6f AttOrhey.-hae„,...hot.beep.:r.evo!<efd:::and..:.:ie'haw in full.!,fOroe an..j. „.... ..:... .:.....: .,.. .. al mpanies r':. :•": '..... '..... ''.. 1:,':: IritestimOny:of:.wheraOt:1::,tiave.iere....bnto subscribed.....y n.:'.... e...:..,,:-,,:,.:•!;:1 !ffi:,d th7:: ().::rp,...i..„-rat:..".,.. .-.:...........s.tii:7'"i,...7;! ...:.„.:„..::: ,..,:....„,:...:.....: ::. this 25th day of November 20 13 (..s. - . ... .. - •••- • •-• - • . .. ... -214? cauoRATE tis 0 . .. .. . .. .. . ., • • g........Gr/ ,..! ? . . '- - Secretary- -.:':-. • !--Asst,:,Secretery ., :..... z::-....gb: ..-......•,••• ,.:. .1.:- ' ..'-BP0Ab037 0611?:- United Fire&Casualty Company 6 United Life Insurance Company Addison Insurance Company Lafayette Insurance Company. Insurance Brokers&Managers,Inc. UNITED FIRE GROUP American Indemnity Companies IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may call United Fire Group's toll free telephone number for information or to make a complaint at: 800-343-9130 You may also write to United Fire Group at: United Fire Group Attn: Bond Department P.O. Box 73909 Cedar Rapids, IA 52407-3909 -or street address- United Fire.Group Attn: Bond Department 118 Second Avenue SE Cedar Rapids, IA 52401 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253.48, Governmental Code, and Section 53-202, Property Code, effective September 1, 2001.. HOME OFFICE: 118 Second Avenue SE, PO Box 73909, Cedar Rapids, Iowa 52407-3909 Phone: 319-399-5790 FAX: 319-399-5425 • '�o IJ /Y CERTIFICATE OF LIABILITY INSURANCE DATE 12/5/2013 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 iS 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 lieu of such endorsement(s). PRODUCER CONTANAME: Certificates Houston Hotchkiss Insurance Agency, LLC Houston A/C.Nr o.Ext1:713-956-9800 (A/C,No1:713-956-0331 13105 NW Freeway,Suite 850 E-MAIL Houston TX 77040-6312 ADDREss:certsh@hiallc.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Depositors Insurance Company INSURED CONSTR2 INSURER B Travelers Lloyds Company Construction Masters INSURER C: of Houston, Inc. INSURER D: P.O.Box 1587 Pearland TX 77588 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:553073920 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.ILIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDD/YYYY) (MMIDD/YYYY) LIMITS A GENERAL LIABILITY GLD07224799735 2/24/2013 2/24/2014 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000, GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 —I POLICY I" I 7pRi n LOC $ �A AUTOMOBILE LIABILITY BAPD7224799735 2/24/2013 2/24/2014 COMBINE a Dt)SINGLE LIMIT $1,000,000 l'�_ X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED —SCHEDULED BODILY INJURY(Per AUTOS AUTOS accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) A X UMBRELLA LIAB X OCCUR CAD7224799735 2/24/2013 2/24/2014 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE i AGGREGATE $5,000,000 DED RETENTIONS $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Builders Risk QT6607997P545TLC13 2/24/2013 2/24/2014 Per Location 4,500,000* Per Occurrence 5,000,000 • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(AttachlACORD 101,Additional Remarks Schedule,If more space Is required) The general liability policy includes blanket additional insured endorsements(CG7323 1111 &CG7246 0212)that provide additional insured status for ongoing&completed opeartions wherl required by written contract.The auto liability policy includes a blanket additional insured endorsement that provides additional insured status when required by written contract.The general liability and auto policies include blanket waiver of subrogation endorsements that provide this feature when required by written contract. The general liability policy includes a special endorsement with Primary and Noncontributory wording,(CG7323 1111).The certificate holder is named as loss payee/mortgagee with regard to the Builders Risk policy and is subject the terms and conditions applicable to this policy. Umbrella will follow the underlying policies See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Pearland ACCORDANCE WITH THE POLICY PROVISIONS. 3519 Liberty Dr. Pearland TX 77581 AUTHORIZED�� REPRESENTATIVE I jilk ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CONSTR2 _ LOC#: r"NACC)RE, ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Hotchkiss Insurance Agency, LLC-Houston Construction Masters POLICY NUMBER of Houston, Inc. P.O.Box 1587 Pearland TX 77588 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE subject to the policy terms and conditions. The general liability,auto&workers comp policies include a notice of cancellation endorsement, providing for 30 days'advance notice if the policy is cancelled by the company other than for non-payment of premium, 10 days'notice after the policy is cancelled for non-payment of premium.The endorsement does not provide for notice of cancellation if the named insured requests cancellation. I ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD GLD07224799735 - COMMERCIAL GENERAL LIABILITY CG 73 23 1111 r THIS ENDORSEMENT C NGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCEMENT PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM LOST KEY COVERAGE "Loss"means unintentional damage or SECTION I - COVERAGES, COVERAGE A destruction but does not include disappearance, BODILY INJURY AND PROPERTY DAMAGE theft,or loss of use. LIABILITY, coverage is extended 10 include the • NON-OWNED WATERCRAFT following: • SECTION I - COVERAGES, COVERAGE A If a customer's master or grand key, excluding BODILY INJURY AND PROPERTY DAMAGE electronic key card, is lost while in your care, LIABILITY,2. Exclusions is amended as follows: custody or control we will pay the cost of g. Aircraft, Auto Or Watercraft (2) (a) is replacing the keys, including the master lock and replaced with: all keys used in The same lock the cost of (a) Less than 51 feet long;and adjusting locks to accept the new keys, or the cost to replace the locks,whichever is less. EXPANDED PROPERTY DAMAGE COV- Limit of Insurance - The most vt)e will pay for ERAGE "foss" arising out of any one "occurrence" is For the purposes of this endorsement only: • $5,000. SECTION I - COVERAGES, COVERAGE A SECTION V DEFINITIONS is amended as BODILY INJURY AND PROPERTY DAMAGE (11, follows: LIABILITY,2. Exclusions is amended as follows: • The following definition applies to Lost Key a. Exclusions j.(3),j.(5),and j.(6)are Coverage: deleted in their entirety. "Loss" means unintentional physical damage or b. Exclusion j.(4) is deleted in its entirety destruction to tangible property,inOuding theft or and replaced by the following: disappearance. Tangible. properly does not Personal property in the care custody or include money or securities. control of the insured: VOLUNTARY PROPERTY DAMAGE 1. for storage or sale at premises you SECTION 1 - COVERAGES, COVERAGE A own, rent or occupy;or BODILY INJURY AND PROPERTY DAMAGE 2. while being transported by any LIABILITY, coverage is extended to include the aircraft, "auto" or watercraft owned following: or operated by or rented to or loaned At your request,we will pay for damage"to to any insured. property of others caused by you and whlle in your c. The following exclusions are added: possession, arising out of your business operations and occurring during the policy period. 1. The coverage prdvided by this Limit of Insurance-The most we will pay for endorsement does r apply to "loss'arising out of any one"occurrence"is property damage"nsinng out the $�0 disappearancea oor loss of uss e of personal property. SECTION V-DEFINITIONS is amended as follows: 2. The coverage provided by this endorsemThe following definition applies to Voluntary "property damage'does not apply to n the Property Damage coverage: "prodduuccts•mpltedincl op iatlons • . hazard". CG 73 2311 11 Includes copyrighted material of Insurance Services Office,Inc., Page 1 of 6 with its permission. CLMNT 1205E INSURED COPY 72 0026643 GLD07224799735 CG 73 2311 11 Limit of Insurance - The most we will pay b. Up to $2,500 for cost of bail bonds for "properly damage" provided by this required because of accidents or traffic 0 coverage in any one"occurrence`is$5,000. law violations arising out of the use of Deductible - Our obligation to pay for a any vehicle to which the Bodily Injury covered loss applies only lb the amount of Liability Coverage applies. We do not loss in excess of$250. have to furnish these bonds. This insurance is excess over any other valid 2. 1.d.replaced with: and collectible insurance. d. Al reasonable expenses incurred by the DAMAGE TO PREMISES RENTED TO YOU insured at our request to assist us in the SECTION I — COVERAGES, COVERAGE A investigation or defense of the claim or BODILY INJURY AND PROPERTY DAMAGE • "suit", including actual loss of earnings LIABILITY, the last paragraph of 2. Exclusions up to $500 a day because of time off from work. of is replaced by the following: • If Damage to Premises Rented to You is NEWLY FORMED AND ACQUIRED ORGANIZATIONSnot otherwise excluded, exclusions c. through n. do not apply to damage by fire, SECTION II — WHO IS AN INSURED is lightning, explosion, smoke or sprinkler amended as follows: leakage to premises while rented to you or 1. 3.a.is replaced with: temporarily occupied by you with permission a. Coverage under this provision is of the owner. .A separate limit of insurance afforded only until the 18e day after you applies to this coverage as described in acquire or form the organization or the Section III-Omits of Insurance. end of the policy period, whichever is SECTION III — LIMITS OF INSURANCE, earlier; paragraph 6 is replaced with: ADDITIONAL INSURED — WHEN REQUIRED 6. Subject to 5. above, the Damage To IN AN AGREEMENT OR CONTRACT WITH Premises Rented To You Limit is the most YOU PRIMARY AND NON-CONTRIBUTORY we will pay under Coverage A for damages The following is added to SECTION II—WHO IS 0 because of "property damage" to any one N INSURED premises,while rented to you,or in the case 4. Any person(s) or organization(s) with whom of damage by fire, lightning, explosion, you have agreed in a valid written contract or smoke or sprinkler leakage, while rented to written agreement that such person or you or temporarily occupied by you with organization be added as an additional permission of the owner. The limit is insured on your policy during the policy increased to$300,000. period shown in the Declarations. Such SECTION IV — COMMERCIAL GENERAL person or organization is an additional LIABILITY CONDITIONS, 4. Other Insurance, insured only with respect to liability for b. Excess Insurance (1) (a) (II) is replaced 'bodily injury", "property damage" or with: "personal and advertising injury". (ii) That is Fire, Lightning, Explosion, The person or organization added as an Smoke or Sprinkler leakage insurance insured by this endorsement is an insured for premises rented to you or temporarily only to the extent you are held liable due to: occupied by you with permission of the a. Lessors of Leased Equipment owner. Maintenance, operation or use of SUPPLEMENTARY PAYMENTS equipment leased to you by such person SECTION I — COVERAGES, SUPPLEMEN- or organization. This insurance does not TARY PAYMENTS—COVERAGES A AND B is apply to any "occurrence" which takes amended as follows: place after the equipment lease expires. • 1. 1. b.replaced with: However, their status as additional insured under this policy ends when their lease, contract or agreement with you for such leased equipment expires. s Page 2 of 6 Includes copyrighted material of Insurance Services Office,Inc., CO 73 2311 11 with its permission. LUNY . 12059 INSURED COPY 72 00261344 GLD07224799735 CG 73 2311 11 b. Managers or Lessors of Premises The insurance does not apply to: . The ownership, maintenance or use of (1) "bodily injury", "property damage", or that part of the premises you own, rent, °personal and advertising injury" arising lease or occupy. out of the rendering of or the failure to . This insurance does not apply to: render any professional architectural, (1) Any "occurrence"which lakes place engineering or survey services, after you cease to be a tenant in that including: premises. (a).The preparing, approving, or failing (2) Structural alterations, new con- to prepare or approve maps, shop struction or demolition operations drawings, opinions, reports, survey, performed by or on behalf of the Halo orders, change orders or person or organization, drawings and specifications:or However, their status as additional (b) Supervisory, inspection, architec- insured under this policy ends when you tural or engineering activities. cease to be a tenant of such premises. (2) °wily injury or "property damage" c. State or Political Subdivision - occurring after: Permits (a) All work, including materials, parts Operations performed by you or on or equipment fuk in yourwi connection with such worrk,, on the behalf for which the state or political project (other than service, subdivision has issued a permit. maintenance or repairs) to be This insurance does not apply to: performed by or on behalf of the (1) "Bodilyinjury" ar " ro"property damage" additional insured(s) at the location P Pe Y of the covered operations has been or "personal or advertising injury" arising out of operations performed completed;or for the stale or municipality;or (b) That portion of "your work" out of (2) "Bodily injury" or "property damage" which the injury or damage arises included within the "products has �� Put to its intended use br any person or organization other completed operations hazard". than another contractor or However, such state or political subcontractor engaged in subdivision's status as additional insured performing operations for a principal under this policy ends when the permit as a part of the same project. ends. However, a person or organization's d. Owners,Lessees,or Contractors status as additional insured under this "Bodily injury, "property damage" or policy ends when your operations for "personal and advertising injury" caused, in that additional insured are completed. whole or in part,by: . With respect to paragraph 4 of SECTION II (1) Your acts or omissions;or WHO IS AN INSURED, Condition 4. Other Insurance of Section IV — Commercial (2) The acts or omissions of those acting on General Liability Conditions is replaced by the your behalf; following: in the performance of your ongoing 4. Other Insurance operations performed for that additional It other valid and collectible insurance is insured, whether the work is performed by available to the insured for a loss we cover you or on your behalf. under Coverages A or 8 of this Coverage. Part,our obligations are limited as follows: a. Primary insurance This insurance is primary if you have agreed in a written contract or written agreement: • CO 73 231'l 11 Includes copyrighted material of Insurance Services Office,Inc., Page 3 of 6 with its permission. LAMNT 12059 INSURED COPY 72 0025548 GLD07224799735 CG73231111 (1) That this insurance be primary. If other insurance is also primary, we (2) When this insurance is excess,we iiiiko will share with all that other will have no duty under Coverages A • insurance as described in c. below; or 13 to defend the additional insured or against any suit"if any other insurer (2) The coverage afforded by this has a duty to defend the additional insurance is primary and non- insured against that"suit'. If no contributory with the additional other insurer defends,we will insured's own insurance. undertake to do so, but we will be Paragraphs (1)and(2)do not apply entitled to the additional insured's rights against all those other to other insurance to which the additional insured has been added insurers. as an additional insured or to other (3) When this insurance is excess over insurance described in paragraph b. other insurance,we will pay only our below. share of the amount of the loss,if b. Excess Insurance any,that exceeds the sum of: This insurance is excess over: (a) The total amount that all such (1) otAnyof the other insurance, whether the loss insuranceineabswouendce pays his for the in the absence of this primary, excess, contingent or on insurance;and any other basis: (b) The total of all deductible and (a) That is Fire, Extended self-insured amounts under all • Coverage, Builder's Risk, that other insurance. Installation Risk or similar coverage for"your work"; (4) We will share the remaining loss, if any,with any other insurance that is (b) Thai is fire, lightning, or not described in this Excess explosion insurance for Insurance provision and was not premises rented to you or bought specifically to apply in temporarily occupied by you with excess of the Limits of Insurance � permission of the owner, shown in the Declarations of this III ` (c) That is insurance purchased by Coverage Part. you to cover your liability as a c. Method Of Sharing tenant for "property damage" to If all of the other insurance available to premises rented to you or • the additional insured permits temporarily occupied by you with contribution by equal shares,we will permission of the owner,or follow this method also. Under this (d) If the loss arises out of the approach each insurer contributes equal maintenance or use of aircraft, amounts until it has paid its applicable • "autos" or watercraft to the limit of insurance or none of the loss extent not subject to Exclusion remains,whichever comes first. g. of Section I— Coverage A — If any of the other insurance available to Bodily Injury And Property the additional insured does not permit Damage Liability. contribution by equal shares,we will (e) That is any other insurance contribute by limits. Under this method, available to an additional each insurers share is based on the insured under this endorsement ratio of its applicable limit of insurance to covering liability arising out of the total applicable limits of insurance of the premises or operations, or all insurers. products completed operations, for which the additional insured has been added as an additional insured by that other insurance. • Page 4 Of 6 Includes copyrighted material of Insurance Services Office,Inc., CG 732311 11 with its permission. WNT 12059 INSURED COPY 72 0026840 GLD07224799735 CG 73 2311 11 EMPLOYEE BODILY INJURY TO ANOTHER MEDICAL PAYMENTS EMPLOYEE SECTION III — LIMITS OF INSURANCE, SECTION II — WHO IS AN INSURED The Paragraph 7.is replaced: following Paragraph is added to 2.a.(1) 7. Subject to 5.above,the higher of: Paragraphs 2.a.(1)(a), (b) and (c) do not a. $10,000;or apply to "bodily injury"to a co"employee"in b. The amount shown in the Declarations the course of the co-'employee's` for Medical Expense Unit is the most employment by you, or to "bodily injury"to a co-"volunteer worker" while performing we will pay under Coverage C for all duties related to the conduct of your medical expenses because of "bodily business. injury"sustained by one person. BROAD FORM NAMED INSURED This coverage does not apply if Coverage C — SECTION II — WHO IS AN INSURED The Medical Payments is excluded either by the provisions of any coverage forms attached to the following Paragraph is added to 2. policy or by endorsement. e. Any business entity incorporated or KNOWLEDGE OF AN OCCURRENCE organized under the laws of The United Stateof SECTION IV — COMMERCIAL GENERAL America (including any Slate thereof), its LIABILITY CONDITIONS,The followingis added territories or possessions or Canada (including any Province thereof) in which the to 2. Duties In The Event Of Occurrence, Named Insured shown in the Declarations Offense,Claim Or Suit condition: owns, during the policy period,an interest of e. Knowledge of an occurrence, offense, claim more than fifty percent If other valid or suit by an agent or employee of any collectible insurance is available to any insured shall not in itself constitute business entity covered by this solely by knowledge of the insured unless you, a reason of ownership by the Named Insured partner, if you are a partnership; or an shown in the Declarations in excess of fifty executive officer or insurance manager, if percent, this insurance is excess over the you are a corporation receives such notice of other insurance, whether primary, excess, an occurrence, offense, claim or suit from contingent,or on any other basis. the agent or employee. AGGREGATE LIMIT PER LOCATION f. The requirements in Section IV — SECTION III — LIMITS OF INSURANCE The Conditions Paragraph 2.b. will not be following paragraph is added to paragraph 2: considered breached unless there is The General Aggregate Limit under Section knowledge of occurrence as outlined in III Limits of Insurance applies separately to paragraph e.above. each of your locations owned by or rented to UNINTENTIONAL FAILURE TO DISCLOSE you or temporarily occupied by you with the HAZARD permission of the owner.For the purposes of SECTION IV — COMMERCIAL GENERAL this provision, location means premises LIABILITY CONDITIONS,6. Representations is involving the same or connecting lots, or amended to include: premises whose connection is interrupted d. Your failure to disclose all hazards or prior only by a public street,roadway,waterway or 'occurrences" or offenses existing as of the railroad right-of-way. inception date of the policy shall not AGGREGATE LIMIT PER PROJECT prejudice the coverage a afforded by this SECTION III — LIMITS OF INSURANCE The policy provided such failure to disclose all following paragraph is added to paragraph 2: hazards or prior"occurrences"or offenses is The General Aggregate Limit under Section not intentional. This provision does not III Limits of Insurance applies separately to affect our right to collect additional premium each of your construction projects away from or exercise our right of cancellation or non- premises owned by or rented to you. renewal. • CG 73 2311 11 Includes copyrighted material of Insurance Services Office,Inc., Page S of 6 with its permission. FMNT 1206E INSURED COPY 72 0028947 GLD07224799735 CG 73 2311 11 WAIVER OF SUBROGATION BROADENED BODILY INJURY DEFINITION CTION IV — COMMERCIAL GENERAL (MENTAL ANGUISH) LIABILITY CONDITIONS,B.Transfer of Rights SECTION V — DEFINITIONS is amended as ID of Recovery Against Others to Us is amended follows: to include: 1. 3."Bodily injury° is deleted and replaced with If required by a written contract executed the following: prior to loss, we waive any right of "Bodily injury" means physical injury, subrogation we may have against the sickness or disease to a contracting person or organization becauseperson arisingout of the foregoing, mennttaall and, if anguish, of payments we make for injury or damage mental injury,shock or humiliation, including arising out of your ongoing operations or death at any time resulting therefrom. "your work" done under a contract with that person or organization and included in the "products-completed operations hazards". LIBERALIZATION SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 10. Liberalization is added as follows: If we revise this coverage form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. _ All terms and conditions of this policy apply unless modified by this endorsement. C . i Ill Page 6 of 6 Includes copyrighted material of Insurance Services Office,Inc., CG 73 2311 11 with its permission. . \ 1.MMT 12069 INSURED COPY 72 O02e648 GLD07224799735 C COMMERCIAL GENERAL LIABILITY CG 72 46 0910 1110 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT COMMERCIAL CONTRACTORS COVERAGE This endorsement modifies Insurance provided under the following: • COMMERCIAL GENERAL LIABILITY COVERAGE PART • A. WHO IS AN INSURED(Section II)is amended occurs when it is Initially discovered by to include as an insured any person or any person; organization whom you are required to add as c. Any continuation, progression, change an additional Insured on this policy under a or resumption of "bodily injury", written contract or written agreement The "property damage", or "personal and written contract or written agreement must be: advertising injury'will be deemed to be 1. Valid and legally enforceable; one occurrence; 2. Currently in effect or becoming effective d. Our limit of liability will not exceed the during the term of this policy;and Limits of Insurance for one annual policy 3. Executed prior to an "occurrence" resulting period' in "bodily injury", "property damage," or 4. The coverage provided to the additional "personal and advertising Injury." Insured by this endorsement and paragraph B. The insurance provided to the additional insured I.of the definition of"insured contract"under is further limited as follows:. DEFINITIONS(SECTION V)does not apply !fil4A, to "bodily injury" or `property damage" 1. That person or organization is an additional arising out of the "products-completed Insured solely for liability due to your operations hazard" unless required by the negligence specifically resulting from "your written contract or written agreement When work"for the additional insured which is the coverage does apply to "bodily injury"-or subject of the written contract or written "property damage" arising out of the agreement. No coverage applies for any "products-completed operations :hazard" liability due to negligence attributable to any such coverage will not apply beyond the person or entity other than the Named period of time required by the written insured. contract or written agreement 2. The Limits of Insurance applicable to the 5. The insurance provided to the additional • • additional insured are those specified in the insured does not apply to: written contract or written agreement or in "Bodily injury", "property damage", or the Declarations of this poliicy,whichever Is "personal and advertising injury'arising.,out less. These Limits of Insurance are of the rendering of,or failure to render,-any inclusive of,and not In addition,to the Limits professional architectural, engineering or of Insurance shown in the Declarations. surveying services,including: 3. If.we Insured the Named Insured for more a. The preparing, approving, or failure to than one annual policy period: prepare or approve maps; , shop • • a. Only the policy In effect at the time the drawings, opinions, reports, 'surveys, 'bodily injury"," property damage", or field orders,change orders or drawings "personal and advertising injury" first and specifications;and occurs will apply; b. Supervisory, inspection, architectural or b. `Bodily injury", "property damage", or engineering activities. . • "personal and advertising injury", first • . • CG 72 4609 10 Includes copyrighted material of Insurance Services Office Inc., Page 1,61 a with its permission. cL NAA 11061 INSURED COPY 73 0010085 GLD07224799735 CG 72 46 09 10 c. Defects in design or specifications (2) The coverage afforded by this 0 furnished by the additional insured or its' insurance is primary and non- "employees", contributory with the additional 6. We have no duty to defend or indemnify an insured's own insurance. additional insured under this endorsement: Paragraphs(1)and(2)do not apply a. For any liability due to negligence to other insurance to which the attributable to any person or entity other additional Insured has been added than the Named Insured. This provision as an additional insured or to other includes any sole negligence or willful insurance described in paragraph b. misconduct on the part of the additional below. insured Or its'"employees". b. Excess Insurance b. For any loss which occurs prior to our This insurance Is excess over. Named-Insured commencing operations (1) My of the other insurance, whether at the location of the loss. primary, excess, contingent or on any c. Until we receive written notice of a claim other basis: or .suit' from the additional insured as (a) That Is Fire, Extended Coverage, required in the Duties In The Event of Builder's Risk,Installation Risk or Occurrence, Offense, Claim or Suit similar coverage for°your work"; Condition. (b) That is fire, lightning, or explosion C. With respect to the coverage provided under this insurance for premises rented to endorsement, the COMMERCIAL GENERAL you or temporarily occupied by UABIUTY CONDITIONS (SECTION IV) are you with permission of the owner; amended as follows: (c) That is insurance purchased by 1. The following.is added to the Duties In The you to cover your Ilabflity as a Event of Occurrence,Offense,Claim or Suit tenant for property damage" to Condition: premises rented • to you or temporarily occupied by you with An additional insured under this permission of the owner;or endorsementwif as soon as practicable: (d) If the loss arises out of the (1) Give written notice of an occurrence maintenance or use of aircraft, or an offense to us which may result 'autos" or watercraft to the;extent' in a claim or "suit" under this not subject to Exclusion g. of insurance; Section I — Coverage A — Bodily Injury And Property Damage (2) Agree to trigger or activate any Liability other insurance which the additional insured has for a loss we cover (e) That is any other insurance Coverage Part by available to an additional insured under this a defense a the under this endorsement covering tendering the liability f insurers of all such other insurance; damages arisingoperations, or the premises or or 2. With respect to the coverage provided under products and completed this .endorsement, Condition 4. Other operations,for which the additional Insurance's replaced by the following: - insured has been .added as an a. Primary Insurance addtional insured by_that other insurance. This insurance is primary if you have (2) When this insurance is excess,we agreed In a written contract or written agreement: will have no duty under Coverages A or B to defend the additional • (1) That this insurance be primary. If insured against any "suit" if any other insurance is also primary, we other Insurer has a duty to defend will share with all that other the additional insured against that insurance as described in c.below; "suit". If no other insurer defends, or Page 2 of 3 includes copyrighted material of Insurance Services Office Inc., CG 72 46 0910 with its permission. LNAA 11051 INSURED COPY 72 0018093 GLD07224799735 CG 72 46 09 10 0 we will undertake to do so,but we will c. Method of Sharin be entitled to the additional-insured's g rights against all those other insurers. If all of the other insurance available to the additional insured permits contribution by (3) When this insurance is excess over equal shares, we will follow this method other insurance, we will pay only our also. Under this approach each insurer share of the amount of the loss, if any, contributes equal amounts until it has paid that exceeds the sum of: its applicable limit of insurance or none of (a) The total amount that all such the loss remains,whichever comes first other insurance would pay for If any of the other insurance available to the the loss in the absence of this additional insured does not permit insurance;and contribution by equal shares, we will . (b) The total of all deductible and self contribute by limits. Under this method,each insured amounts under all that insurer's share is based on the ratio of its other insurance, applicable limit of insurance to the total . (4) We will share the remaining loss, if applicable limits of insurance of all insurers. any, with any other Insurance that Is • not described in this Excess insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part All terms and conditions of this policy apply unless modified by this endorsement • • • • • • • • • CG 72 46 0910 Includes copyrighted material of Insurance Services Office Inc„ Page 3 of 3 with its permission. \ LNAA 11061 INSURED COPY 72 0018087 BAPD7224799735 COMMERCIAL AUTO • AC 01 01A 03 10 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. BUSINESS AUTO ADVANTAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM A. NEWLY ACQUIRED OR FORMED ENTITIES d. Any"employee"of yours is an "insured" The Named Insured shown in the Declarations while using a covered "auto' you don't is amended to Include any organization you own, hire or borrow in your business or newly acquire or form, other than a partnership, your personal affairs. joint venture, or limited liability company, and D. SUPPLEMENTARY PAYMENTS — BAIL over which you maintain ownership or majority BONDS (more than 50%) interest; if there Is no other Paragraph A.2.a. (2) of the LIABILITY similar insurance available to that organization. COVERAGE SECTION is revised as follows: Coverage under this provision is afforded until the 180�' day after you acquire or form the or- (2) Up to $2,500 for cost of ball bonds (in- ganization or the end of the policy period, whi- eluding bonds for related traffic law vi- chever is later. olations) required because of an "acci- dent" we cover. We do not have to B. TEMPORARY SUBSTITUTE AUTOS — furnish these bonds. PHYSICAL DAMAGE COVERAGE E. SUPPLEMENTARY PAYMENTS — LOSS OF The following is added to paragraph C. Certain EARNINGS Trailers, Mobile Equipment And Temporary Paragraph A 2.a.(4) of the LIABILITY Substitute Autos of the — COVERED AUTOS COVERAGE SECTION Is revised as follows: SECTION: If Physical Damage Coverage is provided by (4) All reasonable expenses incurred by the"in- this Coverage Form, the following types of sured"at our request, including actual loss vehicles are also covered"autos"for Physi- of earnings up to $500 a day because of • cal Damage Coverage: time off from work. Any "auto"you do not own while used with F. FELLOW EMPLOYEE — OFFICERS, the permission of its owner as a temporary MANAGERS,AND SUPERVISORS substitute for a covered"auto"you own that Paragraph B.5.A. Fellow Employee in the is out of service because of its: LIABILITY COVERAGE SECTION is replaced a.Breakdown; as follows; b.Repair; A. "Bodily Injury" to any fellow "employee" of c.Servicing; the"insured arising out of and in the course of the fellow "employee's" employment or d."Loss";or while performing duties related to the con- e.Destruction duct of your business. This exclusion does The coverage that applies is the same as not apply to an "insured" who occupies a • the coverage provided for the vehicle being position as an officer, manager, or supenri- replaced. sor. C. EMPLOYEES AS INSUREDS — NONOWNED G. PERSONAL EFFECTS AND PROPERTY OF • AUTOS OTHERS EXTENSION The following is added to paragraph A.1.Who Is 1• Paragraph B.6. Care, Custody or Control of An Insured of the LIABILITY COVERAGE the LIABILITY COVERAGE SECTION, does SECTION: not apply to "property damage"to property, • other than your property, up to an amount AC 0101A 0310 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 3 with its permission LMNT 12058 INSURED COPY AC0101031000 0001 72 0026716 BAPD7224799735 (� AC 01 01 A 0310 not exceeding $250 in any one "accident"_ 2) Financial penalties imposed under a Coverage is excess over any other valid and lease for excessive use, abnormal • collectible insurance. wear and tear or high mileage; 2. The following paragraph is added to A.4. 3) Security deposits not refunded by a Coverage Extensions of the — PHYSICAL lessor; DAMAGE COVERAGE SECTION: 4) Costs of extended warranties, Cre- c. We will pay up to $500 for your property dit Life insurance, Health,Accident, that is lost or damaged as a result of a or Disability insurance purchased covered "loss', without applying a de- with the lease;and ductible. Coverage is excess over any 5) Carry-over balances from previous • other valid and collectible insurance. leases. H. HIRED AUTO PHYSICAL DAMAGE 2. This coverage only applies to a loss"which If covered"auto"designation symbols 1.8,61 or is also covered under this policy for Corn- 68 apply to Liability Coverage and if at least one prehensive, Specified Causes of Loss, or "auto" you own is covered by this policy for Collision coverage. Comprehensive, Specified Causes of Loss, or 3. Coverage does not apply to any unpaid • Collision coverages,then the Physical Damage amount due on a loan for which the covered coverages provided are extended to"autos"you "auto"is not the sole collateral. lease, hire, rent or borrow without a driver; and K. RENTAL REIMBURSEMENT COVERAGE provisions in the Business Auto Coverage Form applicable to Hired Auto Physical Damage ap- 1. This coverage applies only to a covered"au- ply. The deductible will be equal to the largest to' for which Physical Damage Coverage is deductible applicable to any owned "auto' for provided on this policy. that coverage_ Any Comprehensive deductible 2. We will pay for rental reimbursement ex- does not apply to fire or lightning. penses incurred by you for the rental of an I. EXPANDED TOWING COVERAGE "auto"because of"loss"to a covered"auto". We will pay up to: Payment applies in addition to the otherwise 0 7\' 1. $100 for a covered "auto" you own of the applicable amount of each coverage you have on a covered "auto." No deductibles private passenger type,or apply to this coverage. 2. $250 for a covered "auto" you own that Is 3. We will pay only for those expenses in- not of the private passenger type, curred during the policy period beginning 24 for towing and labor costs incurred each time hours after the"loss"and ending,regardless the covered"auto"is disabled. However,the la- of the policy's expiration,with the lesser of bor must be performed at the place of disable- the following number of days: ment. a. The number of days reasonably re- This coverage applies only for an"auto"covered quired to repair or replace the covered on this policy for Comprehensive or Specified "auto". If loss" is caused by theft, this Causes of Loss Coverage and Collision Cove- number of days is added to the number rages. of days it takes to locate the covered J. AUTO LOAN OR LEASE COVERAGE "auto"and return it to you. 1. In the event of a total "loss" to a covered b. The number of days shown In the Sche- "auto",we will pay any unpaid amount due dule. on the loan or lease,including up to a max- 4. Our payment is limited to the lesser of the imum of $500 for early termination fees or following amounts: penalties,for your covered"auto"less: 1. Necessary and actual expenses In- a. The amount paid under the-PHYSICAL cured. DAMAGE COVERAGE SECTION of this 2. $75 for any one day or for a maximum policy;and of 30 days. b. Any: 5. This coverage does not apply while there 1) 'Overdue lease/loan payments at the are spare or reserve"autos'available to you time of the"loss"; for your operations. 40 Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc AC 01 O1A 0310 with its permission. 7\ 1.MNT 12058 INSURED COPY AC0101031000 0001 72 0026716 BAPD7224799735 AC0101A0310 . 6. if "loss" results from the total theft of a coy- 5. The provisions of paragraphs 1.and 3. do f, . ered "auto" of the private passenger type, not apply to a covered "auto" of the private we will pay under this coverage only that passenger type or a vehicle with a gross ve- amount of your rental reimbursement ex- hide weight of 20,000 pounds or less which penses which is not already provided for is a new vehicle. under the PHYSICAL DAMAGE In the event of a total"loss"to your new ye- COVERAGE Coverage Extension. hide to which this coverage applies,we will 7. Coverage does not apply to any covered pay at your option: "auto"for which coverage Is provided by en- a. The verifiable new vehicle purchase dorsement form CA9923 on this policy. price you paid for your damaged ve- hicle, not Including any insurance or L. EXPANDED TRANSPORTATION EXPENSE warranties purchased; Paragraph A.4.a. of the PHYSICAL DAMAGE b. If it is available, the purchase price, as COVERAGE SECTION is replaced by the fol. negotiated by us,of a new vehicle of the lowing: same make, model, and equipment or We will pay up to$50 per day to a maximum of the most similar model available,not In- cluding$1000 for temporary transportation expense in- any furnishings, parts, or equip- curred by you because of the total theft of a ment not installed by the manufacturer or manufacturers'dealership;or. covered 'auto" of the private passenger type. We will only pay for those covered "autos" for c. The market value of your damaged ve- which you carry Comprehensive or Specified hide, not including any furnishings, Causes of Loss Coverage.We will pay for ten- parts,or equipment not installed by the porary transportation expenses incurred during manufacturer or manufacturer's dealer- the period beginning 48 hours after the theft and ship. ending, regardless of the policy's expiration, We will not pay for initiation or set up costs when the covered"auto"is returned to us or we associated with loans or leases pay for its"loss". In this endorsement, a new vehicle means 1 M. EXTRA EXPENSE—STOLEN AUTOS an"auto"of which you are the original owner The following paragraph Is added to Section that has not been previously titled and which A.4. of the—PHYSICAL DAMAGE COVERAGE you purchased less than 365 days before SECTION: the date of the loss". c. We will pay for up to$5,000 for the expense O. BLANKET WAIVER OF SUBROGATION of returning a stolen covered "auto"to you. The following is added to paragraph 5. Transfer We will pay only for those covered "autos" Rights Of Recovery Against Others To Us of for which you carry Comprehensive or Spe- — BUSINESS AUTO and MOTOR CARRIER cified Causes of Loss Coverage CONDITIONS SECTIONS: N. NEW VEHICLE REPLACEMENT COST We waive any right of recovery we may have The following is added to paragraph C.Limit of against any person or organization to the extent Insurance of the PHYSICAL DAMAGE required of you by a written contract executed • COVERAGE SECTION: prior to any"accident"because of payments we make for damages under this coverage form. All terms and conditions of this policy apply unless modified by this endorsement. • AC 01 01A 0310 Includes copyrighted material of Insurance Services Office, Inc., Page 3-of 3 with its permission r-MNT 12008 INSURED COPY RC0101031000 0001 72 0020717 BAPD7224799735 • COMMERCIAL AUTO AC 01 02TX 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT TEXAS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM • A. CHANGES FOR TRAILERS AND FARM C. BLANKET ADDITIONAL INSURED EQUIPMENT Any person or organization which you have 1. Under the COVERED AUTOS SECTION, agreed to name as an additional insured in a the following are added to Paragraph C. written contract, executed prior to an acci- Certain Trailers, Mobile Equipment and dent, other than a contract for the lease or Temporary Substitute Autos: rental of a vehicle is an Insured"for Liability 4. "Trailers"designed to be towed by a private Coverage,but only to the extent that person passenger type "auto" or a pickup, panel or organization qualifies as an Insured" un- truck or van if not used for business purpos- der the Who Is An Insured Provision con- es,other than farming or ranching. tained in the LIABILITY COVERAGE !I161 5. Farm wagons or farm implements while be- SECTION of the Coverage Form ing towed by a covered auto°. D. REPLACED EXCLUSIONS B. CHANGES FOR ADDITIONAL NEWLY The Expected or Intended Injury Exclusion ACQUIRED VEHICLES in the LIABILITY COVERAGE SECTION is 2. Paragraph 8.2 of the COVERED AUTOS replaced by the following: SECTION is replaced by the following: Expected or Intended Injury 2. If Symbols)7 or 67 is entered next to a "Bodily injury"or"property damage"which is coverage in Item Two of the Declare- expected or intended by the "insured". This lions, an "auto" you acquire will be a exclusion applies even if the resulting "bodi- covered"auto'for that coverage only if: ly injury"or'property damage": a. We already cover at least one"auto" a. is of a different kind, quality or degree you own for that coverage or it rep- an initially expected or intended;or • laces an "auto" you previously b. is sustained by a different person,entity, owned that had that coverage;and real property,or personal property than b_ You tell us within 30 days after you that initially expected or intended. acquire it that you want us to cover E. ADDITIONAL EXCLUSIONS it for that coverage. The following exclusions are added to the The most we will pay for Physical Damage LIABILITY COVERAGE SECTION: Coverage for"loss"under this Coverage Ex- Damage to Named Insured's Property tension is $100,000 per "auto", subject to the largest deductible applicable to any"au- to"for that Coverage. • • AC 01 02TX 0310 Includes copyrighted material of Insurance Services Office,Inc., Page 1 of 4 with its permission. L►NT 12058 ENSURED COPY AC0102031000 0001 72 0028718 BAPD7224799735 Any claim or"suit"for"property damage"by a. Resulting from the providing or the fail- you or on your behalf against any other per- ure to provide any medical or other pro- son or entity that is also a Named Insured fessional services. • under this policy. b. Resulting from food or drink furnished Abuse or Molestation with these services. 'Bodily injury" or "property damage"arising "Bodily injury" or "property damage" result- out of: ing from the handling of corpses. a. The actual or threatened abuse or F. MOTOR HOME CONTENTS COVERAGE molestation by anyone or any person 1. For a covered "auto" that is a motor home while in the care, custody or control of the following exclusions are added to the any"insured",or PHYSICAL DAMAGE COVERAGE b. The negligent: SECTION: 1) Employment Motor Home Contents 2) Investigation; This insurance does not apply to: 3) Supervision; a. "Loss"to the covered "auto's" contents, 4) Reporting to the proper authorities, except equipment usual to trucks or pri- or failure to so report;or vate passenger"autos". 5) Retention; b. "Loss" to TV antennas, awnings or ca- of a person for whom any"insured"is or banas. ever was legally responsible and whose c. "Loss"to equipment designed to create conduct would be excluded by Para- added living facilities. • graph a.above. However, these exclusions do not apply if Abuse means an act which is committed Miscellaneous Personal Property Coverage with the intent to cause harm. is provided by endorsement to this policy. Explosives G. ACCIDENTAL AIRBAG DISCHARGE 'Bodily injury" or"property damage"caused COVERAGE • by the explosion of explosives you make, Under Paragraph 6.3.a. of the PHYSICAL sell or transport. DAMAGE COVERAGE SECTION, the following Rolling Stores is added: If a covered'auto"is a rolling store, "bodily Mechanical breakdown does not Include the ac- injury" or "property damage" resulting from cidental discharge of an airbag. the handling, use or condition of any item H. PHYSICAL DAMAGE UMIT OF INSURANCE the "insured" makes, sells or distributes if Under PHYSICAL DAMAGE COVERAGE the injury or damage occurs after the "in- SECTION, Paragraph C, Limit of Insurance is sured"has given up possession of the item. replaced by the following: Wrong Delivery of Liquid Products C. Limit Of Insurance "Bodily injury" or "property damage" result- 1. The most we will pay for "loss" in Ing from the delivery of any liquid into the any one"accident'is the lesser of: wrong receptacle or to the wrong address, a. The actual cash value of the or from the delivery of one liquid for another, damaged or stolen property as if the "bodily injury" or "property damage" of The time of the"loss";or occurs after the delivery has been com- b.pleted. The cost of repairing or Deliveryreplac- is considered completed even if fur- ing the damaged or stolen P property. ther service or maintenance work,or correc- tion, repair or replacement is required be- 2. $1,000 is the most we will pay for cause of wrong delivery. "loss" in any one "accident"to all elec- Services tronic equipment that reproduces,rece- ProfessionalIves or transmits audio, visual or data "Bodily injury": signals which, at the time of "loss", is: • Page 2 of 4 Includes copyrighted material of Insurance Services Office,Inc., AC 01 20TX 0310 with its permission. LMNT 12093 INSURED COPY AC0102031000 0001 72 0023719 BAPD7224799735 a. Permanently installed in or upon the The BUSINESS AUTO CONDITIONS SECTION �� covered'auto"in a housing,opening or and MOTOR CARRIER CONDITIONS • other location that is not normally used SECTION- B.2. Is amended by the addition of by the"auto"manufacturer for the instal- the following: lation of such equipment. If you unintentionally fail to disclose any hazards b. Removable from a permanently installed existing at the inception date of your policy,we housing unit as described in Paragraph will not deny coverage under this Coverage 2.a above or is an integral part of that Form because of such failure. However, this equipment;or provision does not affect our right to collect addi- c. An integral part of such equipment. tional premium or exercise our right of cancella- lion or nonrenewal. 3. The cost of repairing or replacing may be L AUTOS HIRED OR RENTED BY EMPLOYEES based on an estimate which includes parts furnished by the original equipment menu- If hired or rented"autos"are covered"autos"on facturer or other sources including non- this policy,the following provisions apply: original equipment manufacturers. A. Changes In Liability Coverage 4. If we offer to pay the actual cash value of The following is added to the Who Is An In- the damaged or stolen property,we will val- sured Provision in the LIABILITY ue auto advertising wraps,paint customize- COVERAGE SECTION: Lion,and similar business related advertising modifications, in addition to the actual cash An "employee"of yours is an "insured"while value of the property. Auto advertising operating an "auto" hired or rented under a wraps, paint customization, and simtiar contract or agreement in that "employee's" business related advertising modifications name,with your permission,while performing will be valued at the cost to replace them duties related to the conduct of your busi- with an adjustment made for depreciation ness. and physical condition. B. Changes in General Conditions I. GLASS REPAIR—WAIVER OF DEDUCTIBLE Paragraph 5.b. of the Other Insurance Under Paragraph D. Deductible of the Condition in the Business Auto Coverage Form and Paragraph 5.f. of the Other In- PHYSICAL DAMAGE COVERAGE SECTION, greP the following is added: surance Condition in the Motor Carrier No deductible applies to glass damage if the Coverage Form is replaced by the following: glass is repaired rather than replaced. For Hired Auto Physical Damage Coverage, J. AMENDED DUTIES IN EVENT OF ACCIDENT, the"following are deemed to be covered"au- CLAIM,SUIT,OR LOSS toe you own: The requirement in Loss Condition 2.a.Duties In 1. Any covered"auto"you lease, hire, rent The Even Of Accident,Claim, Suit Or Loss—of or borrow;and the BUSINESS AUTO CONDITIONS SECTION 2. Any covered "auto" hired or rented by your• and the MOTOR CARRIER CONDITIONS "employee"under a contract in that individ- SECTION that you must notify us of an "acci- ual "employee's" name, with your permis- dent", "claim", "suit", or"loss"applies only when sion, while performing duties related to the the "accident", "claim", "suit", or "loss" is known conduct of your business. to : However, any "auto` 'that is leased, hired, 1. You,if you are an individual rented or borrowed with a driver is not a cov- 2. A partner,if you are a partnership; ered"auto 3. An executive officer or the employee desig- M. EMERGENCY LOCKOUT — PRIVATE nated by you to give such notice if you are a PASSENGER VEHICLES corporation;or We will reimburse you up to$50 for reasonable 4. A member,if you are a limited liability cam- expense incurred for the services of a locksmith pany to gain entry into your covered"auto"of the pri- vate passenger type subject to these provisions: IC UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS • AC 01 O2TX 0310 Includes copyrighted material of Insurance Services Office,Inc., Page 3 of 4 with its permission. MINT 1205E INSURED COPY AC0102031000 0001 72 0026720 BAPD7224799735 1. Your door key or key entry pad has been N. LIBERALIZATION • lost, stolen or locked in your covered"auto" Paragraph 3.of the General Conditions is re- and you are unable to enter such"auto",or placed by the following: • 2. Your key or key entry pad has been lost or If we adopt any revision that would broaden the stolen and you have changed the lock to coverage under this policy without additional prevent an unauthorized entry;and premium within 60 days prior to or during the 3. Original copies of receipts for services of a policy period, the broadened coverage will im- locksmith must be provided before reim- mediately apply to this policy. bursement is payable. All terms and conditions of this policy apply unless modified by this endorsement. • • • • • Page 4 of 4 Includes copyrighted material of Insurance Services Office,Inc., AC 01 02TX 0310 with its permission. L MNT 12058 INSURED COPY AC0102031000 0001. 72 0028721 CITY OF PEARLAND PARTIAL WAIVER OF LIEN Section 00615 PARTIAL WAIVER OF LIEN AND PAYMENT AFFIDAVIT The undersigned contracted with City of Pearland to furnish in connection with certain improvements to real property located in the City of Pearland, TX and owned by the City of Pearland which improvements are described as follows: Max Road Sports Complex Phase I. In consideration of Pay Estimate No. in the amount of$ the undersigned, on oath, states that all persons and firms who supplied labor and materials to the undersigned in connection with said Project will be fully paid within 30 days of the date of this document by the undersigned for such work through In consideration of the payment herewith made, the undersigned does fully and finally release and hold harmless the City of Pearland and its surety, if any, through the above date from any and all claims, liens, or right to claim or lien, arising out of this Project under any applicable bond, law or statue. It is understood that this affidavit is submitted to induce payment of the above sum and for use by the City of Pearland in assuring the Owner and others that all liens and claims relating to the said Project furnished by the undersigned are paid. Signature Printed Name&Title • Company Name State of County of Subscribed and sworn to, before me, this day of , 20 My Commission Expires: Notary Public 5-12-12 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT TABLE OF CONTENTS Page No. 1.0 DEFINITIONS AND INTERPRETATIONS 1.01 Owner, Contractor and Engineer 1.02 Contract Documents 1.03 Subcontractor 1.04 Written Notice 1.05 Work 1.06 Extra Work 1.07 Work Day C\r 1.07-1 Rain Day 1.07-2 Impact Day 1.08 Calendar Day 1.09 Substantially Completed 1.10 Interpretation of Words and Phrases 1.11 Referenced Standards 1.12 Contract Time 1.13 Construction Inspector 1.14 Balancing Change Order 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 4 2.01 No Warranty of Design 2.02 Right of Entry 2.03 Ownership of Plans 10-2012 00700-i CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 2.04 Changes and Alterations 2.05 Damages 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 6 3.01 Owner-Engineer Relationship 3.02 Keeping of Plans and Specifications Accessible 3.03 Preliminary Approval 3.04 Inspection by Engineer 3.05 Determination of Questions and Disputes 3.06 Recommendation of Payment 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 8 4.01 Independent Contractor 4.02 Contractor's Understanding 4.03 Laws and Ordinances 4.04 Assignment and Subletting 4.05 Performance and Payment Bonds [and Maintenance Bond] 4.06 Insurance 4.07 Permits and Fees 4.08 Texas State Sales Tax 4.09 Contractor's Duty and Superintendence 4.10 Character of Workers 4.11 Labor, Equipment, Materials, Construction Plant and Buildings 4.12 Sanitation 4.13 Cleaning and Maintenance 4.14 Performance of Work 1.46') 4.15 Right of Owner to Accelerate the Work 10-2012 00700-ii CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.16 Layout of Work 4.17 Shop Drawings 4.18 Engineer-Contractor Relationship; Observations 4.19 Observation and Testing 4.20 Defects and Their Remedies 4.21 Liability for Proper Performance 4.22 Protection Against Accident To Employees and the Public 4.23 Protection of Adjoining Property 4.24 Protection against Claims of Subcontractors, Laborers,Materialmen, and Furnishers of Equipment, Machinery and Supplies 4.25 Protection Against Royalties or Patented Invention 4.26 Indemnification 4.27 Losses From Natural Causes 4.28 Guarantee 5.0 PROSECUTION AND PROGRESS 18 5.01 Time and Order of Completion 5.02 Extension of Time 5.03 Hindrances and Delays 5.04 Suspension of Work 5.05 Liquidated Damages for Delay 5.06 Change of Contract Time 5.07 Delays Beyond Owner's and Contractor's Control 6.0 ! MEASUREMENT AND PAYMENT 21. 6.01 Discrepancies and Omissions 6.02 Quantities and Measurements 10-2012 00700-iii CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.03 Estimated Quantities 6.04 Price of Work 6.05 Payments 6.06 Partial Payments 6.07 Use of Completed Portions &Punchlist 6.08 Substantial Completion 6.08-1 6.09 Final Payment 6.10 Correction of Work Before Final Payment 6.11 Correction of Work After Final Payment 6.12 Payments Withheld 6.13 Delayed Payments 1.1" 7.0 EXTRA WORK AND CLAIMS 27 1 7.01 Differing Site Conditions 7.02 Change Orders 7.03 Change Orders 7.04 Request for Work Approval for Work on Non-Work Days 7.05 Minor Changes 7.06 Extra Work 7.07 Time of Filing Claims 8.0 DEFAULT 30 8.01 Default by Contractor 8.02 Supplementation of Contractor Forces 8.03 Cumulative Remedies & Specific Performance 8.04 Cross-Default 10-2012 00700-iv CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8.05 Insolvency 8.06 Contingent Assignment 8.07 Waiver of Consequential Damages 8.08 Termination for Convenience 8.09 Default by Owner 9.0 DISPUTE RESOLUTION 35 ATTACHMENT NO. 1: WORKERS' COMPENSATION INSURANCE COVERAGE Al ATTACHMENT NO. 2: AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE B1 ATTACHMENT NO. 3: OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR Cl 10-2012 00700-v CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT 1.0 DEFINITIONS AND INTERPRETATIONS 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement. The term ENGINEER as used in theseGeneral Conditions shall refer to the Engineer or Architect identified in the Agreement, as applicable, and means a person authorized to act as a representative of the entity designated by the OWNER to'provide professional services required in connection- with the preparation of plans and specifications of this Contract. The term CONSTRUCTION MANAGER • as used in these. General Conditions shall refer to the Construction Manager identified in the Agreement, as applicable, and means a person authorized to act as representative of the entity designated by the OWNER to provide professional services required in connection with the performance of the work of this Contract. The Owner's representative on the project site shall be the CONSTRUCTION MANAGER or ENGINEER as designated. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of all of the documents identified:in Article .8 of the Standard Form of Agreement, which documents, excluding such -documents as may be delivered or .issued after the Effective Date of the Agreement, as referenced in Article 8, shall be.bound together in a Project Manual for the Work. ("N All references to the "Contract" or the "Agreement" in these General Conditions of Agreement shall include the Contract Documents. - - The Contract Documents are complementary, and what is required by one shall be binding as if required by all. In the event of any conflict among the Contract Documents, the Contract Documents shall govern in the following order: (1) - Modifications in writing and signed by both parties, including any Change Orders; (2) Standard Form of Agreement; -- - (3) Special Conditions of Agreement; . (4) General Conditions of, Agreement, including Attachment No. 1 Workers' Compensation Insurance Coverage, Attachment No. 2 — Agreement for Final Payment and CONTRACTOR'S Sworn Release, and Attachment No. 3 — Owner's Insurance Requirements of Contractor; (5) Addenda, if any; - (6) Plans and Specifications referenced or included in the Project-Manual; (7) Instructions to Bidders; - - (8) Bid Proposal; and 10-2012 ...- 00700- 1 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (9) Exhibits: The following Exhibits, if any, attached hereto, are incorporated herein, and are a part of this Contract: In the event a conflict or inconsistency remains between or within the Contract Documents, or the Contract Documents and applicable standards, codes and ordinances, CONTRACTOR shall provide the greater quantity or better quality, or CONTRACTOR shall comply with the more stringent requirements, as determined by ENGINEER. Terms or phrases used in the Contract Documents with a well-known technical or construction industry meaning shall havesuch recognized meanings. References to standards, specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, shall mean the latest in effect on the effective date of the Contract, unless otherwise stated in the Contract Documents. 1 .03 SUBCONTRACTOR. The term "subcontractor", as employed herein, includes those entities having a contract with the CONTRACTOR.or a subcontractor for performance of work on the Project. OWNER shall have no responsibility to any subcontractor for performance of work on the Project contemplated by these Contract Documents, and any such subcontractor shall look exclusively to CONTRACTOR for any payments due subcontractor. 1.04 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person or by electronic means through the Pro-Trak to the individual or to a partner of the partnership or joint venture, or to an officer of the corporation or company for whom it is intended, or if delivered at or sent by Certified Mail, Return Receipt Requested, to the last known eallibl business address or registered office of such individual, partnership,joint venture or corporation or company, or to the address for giving notices listed in the Standard Form of Agreement. 1.05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and all other facilities or services of any nature whatsoever necessary for the execution and completion of the Work described in the Standard Form of Agreement. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The CONTRACTOR shall, if required by the ENGINEER as representative of the OWNER, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well-known, technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials shall be furnished in strict conformity with the Contract Documents. 1.06 EXTRA WORK. The term "Extra Work", as used in this Contract, shall be understood to mean and include all -work that may be required by the ENGINEER as representative of the OWNER, to be performed by the CONTRACTOR to accomplish any change, alteration or addition to the work shown in the plans. Extra work shall be authorized in writing by the ENGINEER prior to commencement. Extra Work items are paid for on an as needed, as authorized basis.only. 1.07 WORK DAY: As used herein, a "Work Day" is defined as any Monday through taw) Friday, not a legal holiday, and any Saturday or Sunday specifically approved by the OWNER, in which the CONTRACTOR can perform six or more hours of work per, the current construction schedule. CONTRACTOR agrees to request specific approval from the Construction Manager or 10-2012 00700-2 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Owner, in advance, to perform work on Saturdays or Sundays and in so doing agrees to pay all ; charges and costs for Inspection and or Construction Management services required during the performance of any such approved work. Refer to paragraph 7.05 for procedure.to determine cost for Construction Management and Inspection Services for work on non-work days. 1.07-.1 RAIN DAY: As used herein, is defined as any WORK DAY during which weather related conditions.prevent the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items as identified in the current construction schedule. CONTRACTOR shall record Rain Days on the Pay Application each month for the review and possible approval by the OWNER. The approved Rain Day is then added to the Contract Time. (See 1.12 Contract Time below) 1.07-2 IMPACT DAY: As used herein, is a day that is added to the CONTRACT TIME by the OWNER by Change Order to:extend the Contract Time by one full Work Day. _ (See 1.12 Contract Time below) Impact Days, once approved by the OWNER, shall extend the Contract Time on a one-to-one basis to replace a Work Day lost to conditions that prevented the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items. Impact Days are added to the Contract Time by Change Order only at the end of the work and then only if, in the opinion of the OWNER, a time extension is warranted due to delays beyond the control of the Contractor and required to complete the work within the Contract Time. 1.08 CALENDAR DAY. A "calendar day" is any day of the week, month or year no days being excepted. Unless otherwise expressly provided, all references to "day(s)" shall mean calendar day(s). 1 .09 SUBSTANTIALLY COMPLETED.: The terms "Substantially Completed", or "Substantially Complete" or "Substantial Completion" as used in this Contract, shall mean that all major process components of the facility or work have been made suitable for use or occupancy, including appropriate documentation from the equipment suppliers that all of the individual components have been installed in accordance with the specifications and manufacturer's recommendations, the installations have been approved by the ENGINEER and the items have met the start-up and testing requirements of the contract documents or is deemed to be in a condition to serve its intended purpose or requires only minor miscellaneous work:and adjustment to achieve Final Completion and Acceptance as determined by the ENGINEER. Upon compliance with the above referenced criteria, ENGINEER shall issue a Certificate of Substantial Completion. PARTIAL SUBSTANTIAL COMPLETION: designation will be given on components of the Work that must be placed into service prior to the completion.of the entire Work. The contractor's One Year Warranty period for these items shall begin on the date of Partial Substantial Completion as designated by the ENGINEER. The ENGINEER shall determine and make all such designations. 1.10 INTERPRETATION OF WORDS AND PHRASES. Whenever the words "directed", "permitted", "designated", "required"; "ordered", "considered necessary", "prescribed" or words of like import are used, it shall be understood that the direction, requirement, permission, order, opinion designation or prescription of the ENGINEER as the OWNER's representative is `• intended. Similarly, the words "approved", "acceptable", "satisfactory" or words of like import shall mean that no exception is taken by ENGINEER, but does not relieve CONTRACTOR of responsibility for compliance with the Contract Documents. 10-2012 00700-3 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Whenever in the Specifications or Plans of the Contract Documents, the terms of description of various qualities relative to finish, workmanship or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the ENGINEER as the OWNER's representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms or clauses defining the character of the work. 1.11 REFERENCED STANDARDS. No provision of any referenced standard specification, or manual shall be effective to change the duties and responsibilities of the Owner, Engineer, Contractor, or their consultants, employees, or representatives from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer or its consultants, employees, or representatives any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibilities contrary to provisions of the Contract Documents. 1.12 CONTRACT TIME The term Contract Time as used herein, refers to the number of Calendar days provided to complete the work or the date, stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with Paragraph 6.09 and as modified as a result of any authorized Extensions. The established Contract Time includes 40 Rain Days per year, based on the average number of rain days per year for the period of June 1898 to December 1996 as recorded by the Alvin Weather Center Record. The Contract Time shall only be extended by (a) the addition of Rain Days equal to the number of actual Rain Days in excess of 40 days per year and (b) the number of Impact Days granted for delays, in the opinion of the Owner, beyond the control of the Contractor. The extension of the Contract Time shall be the CONTRACTOR's sole and exclusive remedy for delays. 1.13 CONSTRUCTION INSPECTOR The term "Construction Inspector" here in includes those professionals engaged by the OWNER to ensure CONTRACT work's compliance with the specifications and any applicable statutory requirements. 1.14 BALANCING CHANGE ORDER is a change order executed during the close-out process that may add/remove pay items, or adjust quantities of existing items or remove unused pay items or quantities Balancing Change Orders are used to reconcile the unit cost of the work performed or installed by the Contractor. 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 2.01 NO WARRANTY OF DESIGN. It is understood that the OWNER MAKES NO WARRANTY OF THE ADEQUACY, ACCURACY OR SUFFICIENCY OF THE PLANS AND SPECIFICATIONS OR ANY OTHER DESIGN DOCUMENTS, AND OWNER HEREBY EXPRESSLY DISCLAIMS ANY SUCH WARRANTY, EXPRESSED OR IMPLIED. Prior to commencing each portion of the Work, CONTRACTOR shall carefully study and compare the relevant Contract Documents, shall observe conditions at the site affecting the Work, and shall take field measurements of existing conditions related to the Work. Any errors, omissions or 10-2012 00700-4 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT inconsistencies in the Contract Documents noted by the CONTRACTOR, and/or any variance ("`\. between the Contract Documents and applicable codes, standards or ordinances, shall be promptly reported by CONTRACTOR to ENGINEER in writing as a Request for Information. Work performed prior to a Request for Information shall be at the Contractor's risk. If CONTRACTOR fails to perform its obligations under this paragraph, CONTRACTOR shall pay such costs and damages to OWNER as would have been avoided if CONTRACTOR had reported any errors, omissions, inconsistencies or variances in the Contract Documents noted by CONTRACTOR or which should have been noted by a careful study of the Contract Documents. CONTRACTOR shall comply with the Contract Documents, all approved modifications thereof and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the requirements of the Contract Documents and approved modifications thereof and all approved additions and alterations, thereto, as the same shall have been interpreted by the ENGINEER. 2.02 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on which the work herein contracted for is to be performed, constructed or installed, for itself or such agent or agents as it may select, for the purpose of inspecting the work, or for the purpose of performing, constructing or installing such collateral work as the OWNER may desire. The OWNER shall have the: right to make inspections at all reasonable times, and the CONTRACTOR hereby waives any claims for extension of time and/or compensation for any loss or damage if his work shall be delayed by reason of such inspection, performance, construction or installation of collateral work. 2.03 OWNERSHIP OF PLANS. All plans, specifications and copies thereof furnished by the OWNER shall not be reused on other work and, with the exception of the sets forming the part of the signed Contract Documents, are to be returned to the OWNER on request at the completion of the Work. All plans and models are the property of the OWNER. 2.04 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the Owner may make such changes and alterations, additions and deletions as the OWNER may see fit, in the Work, including but not limited to changes in line, grade, form, dimensions, plans or specifications for the Work herein contemplated, or any part thereof, either before or after the beginning of construction, without affecting the validity of this Contract and the corresponding Performance and Payment Bonds. If such changes or alterations or deletions diminish the quantity or the value of the Work to be done, they shall not constitute the basis for a claim for compensation or damages, including lost or anticipated profits on the Work that may be affected. If the amount of Work is increased and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this Contract, otherwise, such additional work shall be paid for as provided under Article 7 hereof for Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any Work already done or material already furnished or used in said Work, then the OWNER shall compensate the CONTRACTOR for any material .or labor so used and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the Work as originally planned. 2.05 DAMAGES. In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake or default of the CONTRACTOR, or should the 10-2012 00700-5 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 3.01 OWNER-ENGINEER RELATIONSHIP. The ENGINEER shall serve as the OWNER'S representative during construction. The duties, responsibilities and limitations on the authority of the ENGINEER as the OWNER's representative during construction are set forth in the Contract Documents; and the ENGINEER shall not have authority to extend the OWNER's liability or to bind the OWNER for any additional liability of any nature whatsoever without the written consent of the OWNER. Any communications by the OWNER to the CONTRACTOR regarding the Work shall be issued through the ENGINEER. It is the intent of this Agreement that there shall be no delay in the execution of the Work; therefore, written decisions or directions rendered by the ENGINEER as the OWNER's representative shall be promptly carried out, and any claim arising therefrom shall be resolved as provided in Article 7. Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the OWNER'S representative shall have the authority to issue written stop work orders whenever such stoppage may be necessary to insure the performance of the Work in accordance with the Contract Documents. 3.02 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with four (4) copies of all Plans and Specifications without expense to the CONTRACTOR, and the CONTRACTOR shall keep one full size copy of the same constantly accessible on the job site, with the latest revisions noted thereon. The CONTRACTOR shall be responsible for preserving the Plans and Specifications, timely and accurately updated, for reference and review by the OWNER or the ENGINEER and submittal of redlines during closeout. 3.03 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the obligations imposed under this Contract for the furnishing by the CONTRACTOR of new material of good quality, and for good and workmanlike performance of the Work as herein described, and in full accordance with the Contract Documents, without alteration, deletion or change. No failure or omission of the OWNER'S representative to discover, object to or condemn any non-conforming or defective work or material, or to stop work, shall release the CONTRACTOR from the obligation to fully and properly perform the Contract, including without limitation, the obligation to at once remove and properly replace any defective work or material at any time prior to final acceptance, upon discovery of such non-conforming or defective work or material. Any questioned Work may be ordered taken up or removed for inspection by the ENGINEER prior to final acceptance, and if found not to be in accordance with the Contract Documents, all expense of removing, inspection and repair or replacement shall be borne by the CONTRACTOR; otherwise the expense thus incurred shall be allowed as Extra Work and shall be paid for by the OWNER, provided that where inspection or approval is specifically required by the Specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior inspection or approval, he shall bear all expense of taking up, removing and replacing this work if so directed by the ENGINEER. 10-2012 00700-6 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3.04 INSPECTION BY ENGINEER. The ENGINEER will make periodic visits to the site to observe the progress and quality of the executed Work and to determine if such Work generally meets the essential performance and design features and the technical, functional /or engineering requirements of the Contract Documents, and is in all other respects being performed in compliance with the Contract Documents. However, the.ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on-site inspections to check the quality and/or quantity of the work, nor shall the ENGINEER.be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions:or lack of same incident to the Work being performed or any part thereof. The ENGINEER shall use reasonable care to prevent deviation from the intent and substance of the Contract Documents by the CONTRACTOR in the performance of the Work and any part thereof and, on the basis of such on-site observations, will keep the OWNER informed of the progress of the work and will endeavor to guard the OWNER against defects and deficiencies in the Work of the CONTRACTOR. Notwithstanding any other provision of this:Agreement or any other Contract Document,the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractors, agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the Work. 3.05 DETERMINATION OF QUESTIONS AND DISPUTES. In order to prevent delays and disputes and to discourage litigation,it is agreed that the ENGINEER shall, in all cases, determine the quantities and qualities of the several kinds of Work, which are to be paid for under this Contract. The ENGINEER shall address all questions in relation to said Work and the construction thereof, as well as all claims, disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the Work or the interpretation of the Contract Documents. In the event the ENGINEER shall become aware of or shall receive information that there is a dispute or a possible dispute as to the reasonable interpretation of the terms and conditions of the Contract Documents, or any other dispute or question, the ENGINEER shall, within a reasonable time, provide-a written interpretation of the Contract Documents or a written decision on all questions arising relative to the execution of the Work, copies of which shall be delivered to all parties to the Contract. If the CONTRACTOR or OWNER desires to take exception to any directions, order, interpretation or instructions of the ENGINEER, CONTRACTOR or OWNER shall present any such claim to the ENGINEER in accordance with the provisions of Section 7.04. 3.06 RECOMMENDATION OF PAYMENT. The ENGINEER shall review the CONTRACTOR's application for payment and supporting documents, shall determine the amount owed to the CONTRACTOR and shall provide-written-recommendation to the OWNER for payment to the CONTRACTOR in such amount.. Such recommendation of payment to CONTRACTOR shall'constitute a representation to the OWNER of the ENGINEER's judgment that the work has progressed to the point indicated, to the best of his knowledge, information and belief; however, such recommendation of an application for payment to CONTRACTOR shall not be deemed an acceptance of any defective or non-conforming Work. Any recommendation of payment by the ENGINEER shall be subject to OWNER's rights to withhold payment under Section 6.11 and as otherwise provided in the Contract. 10-2012 00700-7 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4.01 INDEPENDENT CONTRACTOR. CONTRACTOR is, and shall remain, an independent contractor, solely responsible for the manner and method of completing the Work under this Contract, with full and exclusive power and authority to direct, supervise and control his own employees and to determine the means, method and manner of performing such Work, so long as such methods comply with the requirements of the Contract Documents, and do not adversely affect the completed improvements or any other property abutting or adjoining the Work area, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Plans, Specifications and Contract Documents. The fact that the OWNER or ENGINEER as the Owner's representative shall have the right to observe CONTRACTOR's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the OWNER and the ENGINEER hereunder, is not intended to and shall not at any time change or affect the status of the CONTRACTOR as an independent contractor with respect to either.the OWNER or the ENGINEER as the OWNER's representative or to the CONTRACTOR's own employees or to any other person, firth or corporation. 4.02 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the Work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to .and during the prosecution of the Work, the general and local conditions, including but not limited to weather, access, lay down and storage areas, and all other matters which in any way affect the Work under this Contract. It is further understood that the CONTRACTOR has satisfied himself as to the terms, meaning, intent and requirements of all of the Contract Documents, and applicable laws, codes, regulations and ordinances. CONTRACTOR hereby warrants and represents that it has taken into consideration all of the foregoing factors, and CONTRACTOR shall perform the Work for the Contract Price and within the Contract Time. No verbal agreement or conversation with any officer, agent or employee of the OWNER or the ENGINEER, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 4.03 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with all federal, state or local laws, codes, ordinances, permits and regulations, regardless of whether the same are adopted before or after the execution of this Contract, which in any manner affect the Contract or the work, and shall indemnify, save and hold harmless the OWNER and the ENGINEER against any claim arising out of the violation of any such laws, ordinances and regulations, whether by the CONTRACTOR or his agents, employees, subcontractors or vendors. If the CONTRACTOR observes that the Plans and Specifications are at variance with federal or state laws or codes or the ordinances or regulations of the City, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be made as provided in the Contract for changes in the work. If the CONTRACTOR performs any work knowing it to be contrary to such laws, codes, ordinances, rules or regulations, or if CONTRACTOR reasonably should have known of any such violation, and without such notice to the ENGINEER, CONTRACTOR shall bear all costs arising therefrom. The OWNER is a Political Subdivision of the State of Texas, and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the 77 conditions under which the OWNER may enter into contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein. Neither the act 10-2012 00700-8 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT of OWNER entering into this Contract, nor OWNER's performance hereunder, shall constitute a waiver of any immunity from suit enjoyed by OWNER under applicable law, all such rights and defenses being hereby expressly reserved, notwithstanding any term or provision herein to the contrary. The Code of Ordinances and other applicable regulations of the OWNER shall be deemed to be embodied in this Contract. The prevailing wage rates applicable to this Project shall be either Document 00811 —Wage Scale for Engineering Construction, or Document 00813--Wage Scale for Building Construction, or both, as set out in the Project Manual. 4.04 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this Contract and that he will not assign, by power of attorney or otherwise, or sublet said Contract, or any rights, duties or obligations' arising thereunder, in whole or in part, without the.prior written consent of the OWNER, 'and that no part or feature of the Work will be sublet to anyone objectionable to the ENGINEER or the OWNER. In addition,'the OWNER reserves the right to disapprove the subletting of this Contract or any portion hereof on any basis whatsoever. The CONTRACTOR further agrees that the subletting of any portion or feature of the Work or materials required in the performance of this Contract shall not relieve the CONTRACTOR from his obligations to the OWNER, as provided for by this Agreement. 4.05 PERFORMANCE, PAYMENT AND MAINTENANCE BONDS. In the event the Contract Price shall be in excess of $25,000.00, the CONTRACTOR shall execute separate Cesbn Performance, Payment and Maintenance Bonds, each in the sum of one hundred percent (100%) of the Contract Price, and each in accordance with the provisions of Chapter 2253 of the Texas Government Code. If the Contract Price does not exceed $25,000.00, the statutory bonds will not be required. All required. Bonds shall be payable to OWNER and on forms approved by the OWNER, and shall be executed-by a corporate surety in accordance with Article 7.19-1 of the Texas Insurance Code. It is agreed that the Contract shall not be in effect until such original Performance, Payment and Maintenance'Bonds are delivered to and approved by the OWNER. The cost 'of the premium for the Performance, Payment and Maintenance Bonds, should Maintenance Bonds be required, shall be included in the CONTRACTOR's Bid Proposal. All bonds shall be issued by Texas Department of Insurance approved surety companies. 4.06 INSURANCE. The CONTRACTOR,at his own expense, shall procure, maintain and keep in force throughout the duration of the Work, and throughout the Guarantee Period, insurance as specified in Attachment No. 1 hereto with regard to Workers' Compensation Insurance, and as specified in Attachment No. 3 hereto with regard to all other Insurance. Such insurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection with this Contract, whether performed by the CONTRACTOR or a subcontractor,or others for whom CONTRACTOR is responsible. 4.07 PERMITS AND FEES. Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for'all permits, licenses, and inspections necessary for proper execution and completion of the Work, and which are legally required at the time bids are received. Permits required by the City of Pearland will be issued as a NO FEE permit. 4.08 TEXAS STATE SALES TAX. Materials incorporated into this project are exempt from State.Sales according to provisions of the Texas Tax Code, Chapter.151, Subsection H. 10-2012 00700-9 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT The Contractor must obtain a limited sales, excise and use tax permit or exemption certificate "'I') which shall enable him to buy the materials to be incorporated into the Work without paying tax at due time of purchase. 4.09 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this Contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the ENGINEER as the OWNER'S representative. The superintendent shall represent the CONTRACTOR in his absence and shall act as the agent of the CONTRACTOR, and all directions given to him shall be binding as if given to the CONTRACTOR. Adequate supervision by competent and reasonable representatives of the CONTRACTOR is essential to the proper performance of the Work, and lack of such supervision shall be an act of default, and grounds for suspending operations of the CONTRACTOR. The Superintendent cannot be removed from the project without the consent of the Owner; the Superintendent must speak and understand the English language; the Superintendent must be on site when any work on the project is being done, even when a subcontractor is performing the work. The Work, from its commencement to completion, shall be under the exclusive charge and control of the CONTRACTOR, and all risk in connection therewith shall be borne by the CONTRACTOR. Neither the OWNER nor the ENGINEER as the OWNER's representative will be responsible for the acts or omissions of the CONTRACTOR, its subcontractors or any of its agents or employees, or any other persons performing any of the Work. 4.10 CHARACTER OF WORKERS. The CONTRACTOR agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this Contract, to do the Work, and agrees that whenever the ENGINEER shall inform him in writing that any worker or workers on the Work are, in his opinion, incompetent, unfaithful or disorderly, or in the ENGINEER's opinion, are not using their best efforts for the progress of the Work, such worker or workers shall be discharged from the Work and shall not again be employed on the Work without the ENGINEER's written consent. OWNER reserves the right to bar any person, subcontractor, or supplier found to be incompetent, unfaithful, disorderly, or not using their best efforts to progress work or considered to be a threat to the health, safety and welfare to the project or workforce. 4.11 LABOR, EQUIPMENT, MATERIALS, CONSTRUCTION PLANT, AND BUILDINGS. The CONTRACTOR shall provide all labor, services, tools, equipment, machinery, supplies, facilities, utilities and materials necessary in the prosecution and completion of this Contract where it is not otherwise specifically provided that the OWNER shall furnish same; and further, the CONTRACTOR shall be responsible for the care, preservation, conservation and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction and any and all parts of the Work, whether the CONTRACTOR has been paid, partially paid or not paid for such Work, until the entire Work is completed and accepted. The building or placement of structures for housing workers or offices, or the erection of tents or other forms of protection, will be permitted only with the ENGINEER's written permission, and at 10-2012 00700- 10 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner- satisfactory to the ENGINEER. Any structures of any nature constructed, placed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection, placement .or construction thereof; and the CONTRACTOR agrees to indemnify and hold the ENGINEER or OWNER harmless from any claims of any nature whatsoever brought against either of them for-damages allegedly sustained by anyone'by reason of the erection, placement, construction or maintenance of CONTRACTOR's buildings or structures. 4.12 SANITATION. Necessary sanitary conveniences for the use of laborers and others on the Work site, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced..Any structures of any nature,constructed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper•erection or construction thereof, and the CONTRACTOR agrees to indemnify and hold the ENGINEER and OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, construction or maintenance of CONTRACTOR's buildings. 4.13 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep and maintain the premises 'free from accumulation of debris, trash _.and waste. The CONTRACTOR shall remove 'waste, debris and trash at the end- of each work day. CONTRACTOR shall remove. all such debris, trash and waste, tools, scaffolding and surplus materials, and shall leave the Work broom-clean or its equivalent,'upon'completion of the Work. The Work shall be left in good order and condition. In case of dispute,.the OWNER may remove the debris,trash, waste and surplus materials, and charge the cost to the CONTRACTOR. 4.14 PERFORMANCE OF` WORK. It is further agreed that it is the intent of this Contract that all Work must be done and all>material must be furnished in accordance with the generally accepted practice for such materials furnished or work completed, unless otherwise provided in the Contract Documents. 4.15 RIGHT OF OWNER" TO -ACCELERATE' THE WORK. If at any time the methods or equipment used by the CONTRACTOR, or the work force supplied are found to be inadequate to achieve the progress required to Substantially Complete the Work within the Contract Time, the OWNER or the ENGINEER'as the OWNER's representative, may order the CONTRACTOR in writing to supplement its forces and/or equipment, or work shifts or overtime, or otherwise improve its efficiency and rate of progress to achieve Substantial Completion of the Work within the Contract Time, and the CONTRACTOR shall comply with such order, at its own cost and expense. 4.16 LAYOUT OF WORK. Except as specifically provided herein, the CONTRACTOR shall be responsible for laying out work by means of construction surveying and shall accomplish this"work in a manner acceptable to the ENGINEER and in conformance with the Contract Documents. 4.17 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such promptness as to'cause no delay in his own Work or in that of any other contractor, six (6) checked copies, unless otherwise specified,' of all shop and/or setting drawings and schedules 10-2012 00700- 11 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT required for the work of the various trades. Contractor will check and approve shop drawings for compliance with requirements of Contract Documents and will so certify by stamp on each drawing prior to submittal to ENGINEER. Any drawings submitted without Contractor's stamp of approval will not be considered and will be returned to him for proper submission. The ENGINEER shall pass upon them with reasonable promptness, indicating desired corrections. The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two (2) corrected copies and furnish such other copies as may be needed. The ENGINEER's approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from the Contract Documents, unless he has, in writing, called the ENGINEER's attention to such deviations at the time of the submission, and the ENGINEER has acknowledged and accepted such deviations in writing, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required Contract Work in accordance with the Contract Documents, and within the Contract Time. Such review by the ENGINEER shall be for the sole purpose of determining the apparent sufficiency of said drawings or schedules to result in finished improvements in conformity with the Contract Documents, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR's performance hereunder, and any action taken by the ENGINEER shall not relieve the CONTRACTOR of his responsibility and liability to comply with the Contract Documents. OWNER, CONSTRUCTION MANAGER, ENGINEER, and CONTRACTOR shall make all submittals, review comments, notes, corrections, schedules and updates, testing results, payment applications, instructions and other communications by means of the OWNER'S Pro-Trak. The OWNER,ENGINEER and CONTRACTOR shall each retain such hard copies form this system as are required for their specific record keeping requirements. No documents shall be removed from this system or destroyed except those being replaced by the systems protocols as a latest version document. All requirements for written communications, submittals, comments, instructions or other documents processed by means of this system shall have the same legal or time sensitive status as if they had been hand delivered in hard copy to their intended addressee. 4.18 ENGINEER-CONTRACTOR RELATIONSHIP; OBSERVATIONS. It is agreed by the CONTRACTOR that the ENGINEER, as the OWNER's representative, shall be and is hereby authorized to appoint such subordinate engineers, representatives or observers as the said ENGINEER may from time to time deem proper to observe the materials furnished and the Work done under this Agreement. The CONTRACTOR shall furnish all reasonable aid and assistance required by the subordinate engineers, representatives or observers for the proper observation and examination of the work. The CONTRACTOR shall regard and obey the directions and instructions of any subordinate engineers, representatives or observers so appointed, when such directions and instructions are consistent with the obligations of this Agreement and the Contract Documents, provided, however, should the CONTRACTOR object to any orders by any 10-2012 00700- 12 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT subordinate engineer, representative or observer, the CONTRACTOR may, within three (3) days, make written appeal to the ENGINEER for his decision. 4.19 OBSERVATION AND TESTING. The OWNER or the ENGINEER as the OWNER's representative shall have the right at all reasonable times to observe, inspect and test the Work. The CONTRACTOR .shall make all necessary arrangements and provide proper facilities and access for such observation, inspection and testing at any location wherever Work is in preparation or progress.. The CONTRACTOR shall ascertain the scope of any observation, inspection or testing which may be contemplated by the OWNER or the ENGINEER and shall give ample notice as to the time each part of the Work will be ready for such observation, inspection or testing. The OWNER.or the ENGINEER may reject.any Work found to be defective or not in accordance with the Contract Documents, regardless of the stage of its completion or the time or place of discovery of such deficiencies,-and regardless of whether the ENGINEER has previously accepted the Work through oversight or otherwise. If any Work is covered without approval or consent of the OWNER, it must, if requested by the OWNER or the ENGINEER, be uncovered for examination, at the sole expense of the CONTRACTOR. In the event that any part of the Work is being fabricated or manufactured at a location where it is not convenient for the OWNER or the ENGINEER to make observations of such Work or require testing of said Work, then in such event, the OWNER or the ENGINEER may require the CONTRACTOR to furnish the OWNER or the ENGINEER with certificates of inspection, testing or approval made by independent persons competent to perform such tasks at the location where that part of the work is being manufactured'or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials Or such other applicable organization as may be required by law or the Contract Documents.Cm') If any Work, which is required to be inspected, tested or approved,-is covered up without written approval or consent of the OWNER or the ENGINEER, it must, if requested by the OWNER or the ENGINEER, be uncovered for- observation and testing, at the sole expense of the CONTRACTOR. The cost of all such inspections, tests and approvals shall be borne by the CONTRACTOR unless otherwise provided herein. Any Work which fails to meet the requirements of such tests, inspections or approval, and any Work which meets the requirements of any such tests or approval but does not meet the requirements of the Contract Documents shall be considered defective. Such defective Work and any other work affected thereby shall be corrected at the CONTRACTOR'S expense. Neither observations by the OWNER or by the ENGINEER, nor inspections, certifications, tests or approvals made by the OWNER, the ENGINEER or other persons authorized under this Agreement to make such inspections, tests or-approvals, shall relieve the CONTRACTOR from his obligation to perform the Work in accordance with the requirements of the Contract Documents. 4.20 DEFECTS AND THEIR REMEDIES. It is further agreed that if the Work or any part thereof or any material brought on the site of the Work for use in the Work or selected for the same,shall be deemed by the ENGINEER_as unsuitable or not in conformity with the Contract Documents, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, forthwith remove such material and rebuild or otherwise remedy such Work so that it shall be in full accordance with this Contract,'It is further agreed that any such remedial action contemplated herein shall be at CONTRACTOR's expense. 10-2012 00700- 13 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.21 LIABILITY FOR PROPER PERFORMANCE. Engineering construction drawings and specifications, as well as any additional instructions and information concerning the Work to be performed, passing from or through the ENGINEER, shall not be interpreted as requiring or allowing the CONTRACTOR to deviate from the Contract Documents, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to Work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable and contractually bound, at his own expense, for design, construction, installation and use or non-use of all items and methods incident to the performance of the Contract, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, similar items or devices used by him during construction, and work performed either directly or incident to construction, and for all loss, damage or injury incident thereto, either to person or property, whether such damage be suffered by the ENGINEER, the OWNER or any other person not a party to this Contract. Any review of Work in progress or any visit or observation during construction, or any clarification of Contract Documents by the ENGINEER or OWNER, or any agent, employee or representative of either of them, whether through personal observation on the Project site or by means of approval of shop drawings for construction or construction processes, or by other means or methods, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of Work completed or being performed, as measured against the Contract Documents, or for the purpose of enabling the CONTRACTOR to more fully understand the Contract Documents so that the completed construction Work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for proper performance of his Work on the Project, including, without limitation, the propriety of means and methods of the CONTRACTOR in performing said Contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Any action by the ENGINEER or the OWNER in visiting or observing during construction, or any clarification of Contract Documents shall not constitute a waiver of CONTRACTOR'S liability for damages as herein set out. Deviation by the CONTRACTOR from Contract Documents, whether called to the CONTRACTOR's attention or not, shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said Contract Documents, and further shall not relieve CONTRACTOR of his liability for loss, damage or injury as herein set out. 4.22 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR shall be solely responsible for the safety of himself, his employees and persons entering the project site, as well as for the protection of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. The CONTRACTOR shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the Work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded, as a minimum, in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The CONTRACTOR shall provide all necessary machinery guards, safe walkways, ladders, bridges, gangplanks, barricades, fences, traffic control, warning signs and other safety devices. 10-2012 00700- 14 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT No alcoholic beverages, non-prescription drugs, or unsafe practices shall be allowed on the Work Cia') site. CONTRACTOR shall dismiss anyone participating.in any of the above from the Work site for the duration of the Project. Only prescription drug uses with a doctor's authorization to perform construction activities shall be allowed on the Work site. Violation of this provision is a default under the Contract. The.use, possession, sale, transfer, purchase or being under the influence .of:alcohol, drugs or any other. illegal .or unlawful substance by CONTRACTOR or CONTRACTOR's employees, or CONTRACTOR's subcontractors and employees at any time at the Work site or while on company business is prohibited. CONTRACTOR shall institute and enforce appropriate drug testing guidelines and program. All accidents or injuries to CONTRACTOR's employees working on the job site must be reported • verbally and in writing to the ENGINEER immediately, and within no more than eight(8)hours. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, in his sole discretion as an independent contractor. Inclusion of this paragraph in the Agreement, as well as any notice which may be given by the OWNER or the ENGINEER as the OWNER's representative concerning omissions under thus paragraph as the Work progresses, are intended as reminders to the CONTRACTOR of his duty and shall not be construed as any assumption of duty by ENGINEER, or OWNER's representative to supervise safety precautions by either the CONTRACTOR or any of his subcontractors. 4.23 PROTECTION OF ADJOINING PROPERTY. The CONTRACTOR shall employ proper means to protect the adjacent or adjoining property or properties in any way 71 encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent or adjoining property. THE CONTRACTOR AGREES TO INDEMNIFY, DEFEND, SAVE AND HOLD HARMLESS THE CONSTRUCTION MANAGER, OWNER AND ENGINEER AGAINST ANY CLAIM OR CLAIMS FOR DAMAGES, LOSS, COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, DUE TO .ANY INJURY TO ANY ADJACENT OR ADJOINING PROPERTY, ARISING , OR GROWING OUT OF THE PERFORMANCE OF THE CONTRACT, REGARDLESS OF. WHETHER OR NOT SUCH DAMAGE, LOSS, COST OR EXPENSE IS CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER AND/OR ENGINEER. 4.24 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. THE CONTRACTOR AGREES THAT HE WILL PROMPTLY PAY WHEN DUE, AND WILL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ALL CLAIMS GROWING OUT OF THE DEMANDS OF SUBCONTRACTORS, LABORERS, WORKERS, MECHANICS, MATERIALMEN AND FURNISHERS OF MACHINERY AND PARTS THEREOF, EQUIPMENT, POWER TOOLS AND ALL SUPPLIES, INCLUDING COMMISSARY, INCURRED IN.THE FURTHERANCE OF THE PERFORMANCE OF THIS CONTRACT. When.,so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may, at the option of the OWNER, either pay directly: any unpaid bills of which the OWNER. has written notice, or withhold from the CONTRACTOR's unpaid compensation a sum of money deemed reasonably 10-2012 00700- 15 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT sufficient to liquidate any and all such claims until.satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this Contract. Any and all communications between any parties under this paragraph shall be in writing. Nothing contained in this paragraph or this Agreement shall create, establish or impose any relationship, contractual or otherwise, between OWNER and any subcontractor, laborer or supplier of CONTRACTOR, nor shall it create, establish or impose any duty upon OWNER to pay or to see to the payment of any subcontractor, laborer or supplier of CONTRACTOR. 4.25 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR shall pay all royalties and license fees and shall provide for the use of any design, device, material or process covered by letters patent or copyright, by suitable legal agreement with the patentee or owner thereof THE CONTRACTOR SHALL DEFEND ALL SUITS OR CLAIMS FOR INFRINGEMENT OF ANY PATENT OR COPYRIGHT AND SHALL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF, EXCEPT SUCH SUITS AND CLAIMS ARISING OUT OF A PARTICULAR DESIGN, DEVICE, MATERIAL OR PROCESS OR THE PRODUCT OF A PARTICULAR MANUFACTURER OR MANUFACTURERS SPECIFIED OR REQUIRED BY THE OWNER; PROVIDED, HOWEVER, IF CHOICE OF ALTERNATE DESIGN, DEVICE, MATERIAL OR PROCESS IS ALLOWED TO THE CONTRACTOR, OR IF CONTRACTOR KNEW OR SHOULD HAVE KNOWN OF THE PATENT OR COPYRIGHT AND FAILED TO PROMPTLY NOTIFY OWNER IN WRITING, id") THEN THE CONTRACTOR SHALL INDEMNIFY, DEFEND, SAVE AND HOLD THE OWNER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF. 4.26 INDEMNIFICATION. THE CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE ENGINEER AND THE OWNER HARMLESS FROM ANY CLAIMS OR DEMANDS OF ANY NATURE WHATSOEVER MADE BY ANY EMPLOYEE, EMPLOYEES, AGENTS OR SUBCONTRACTORS OF CONTRACTOR, OR BY ANY UNION, TRADE ASSOCIATION, WORKER'S ASSOCIATION OR OTHER GROUPS, ASSOCIATIONS OR INDIVIDUALS, ALLEGEDLY REPRESENTING EMPLOYEES OF THE CONTRACTOR, IN ANY DISPUTE .BETWEEN THE CONTRACTOR AND HIS EMPLOYEES, DIRECTLY OR INDIRECTLY INVOLVING, GROWING OUT OF OR ARISING FROM CLAIMS BY SUCH EMPLOYEES FOR WAGES, SALARY, COMPENSATION, BENEFITS, WORKING CONDITIONS OR ANY OTHER SIMILAR COMPLAINT OR CLAIM WHICH MAY BE MADE. THE CONTRACTOR, HIS SURETIES AND INSURANCE CARRIERS SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER AND THE ENGINEER AND THEIR RESPECTIVE OFFICERS, REPRESENTATIVES, AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, CLAIMS, LOSSES, DEMANDS, SUITS, LIABILITIES, JUDGMENTS AND COSTS OF ANY CHARACTER WHATSOEVER, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, AND SHALL BE REQUIRED TO PAY ANY JUDGMENT THEREFOR, WITH COSTS, WHICH MAY BE OBTAINED ,ram AGAINST THE OWNER AND/OR THE ENGINEER OR ANY OF THEIR OFFICERS, REPRESENTATIVES, AGENTS OR EMPLOYEES, ARISING OUT OF OR RESULTING FROM OR ALLEGEDLY ARISING OUT OF OR RESULTING FROM THE PERFORMANCE 10-2012 00700- 16 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT OF THE WORK, PROVIDED THAT ANY SUCH DAMAGES, CLAIM, LOSS, DEMAND, SUIT, LIABILITY, JUDGMENT, COST OR EXPENSE: (A) ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN PART, OR ALLEGEDLY ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN PART, ANY BREACH OF . THIS AGREEMENT OR BREACH OF WARRANTY BY CONTRACTOR; OR (B) IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE OR DEATH OR INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY, INCLUDING THE LOSS OF USE RESULTING THEREFROM; AND IS CAUSED IN WHOLE OR IN PART OR IS ALLEGEDLY CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF THE CONTRACTOR, ANY SUBCONTRACTOR, THEIR AGENTS OR EMPLOYEES OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY ONE OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT IT IS CAUSED IN PART OR. ALLEGEDLY CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER, ENGINEER AND/OR.A PARTY INDEMNIFIED HEREUNDER. C" ) Notwithstanding the foregoing or anything in the Agreement to the contrary, in accordance with the provisions of Section 130.002 of the Texas Civil Practice and Remedies Code, CONTRACTOR shall not be obligated to indemnify or hold harmless the ENGINEER, his agents, servants or employees, from liability for damage that is caused by or results from defects in plans, designs or specifications prepared, approved or used by the ENGINEER, or negligence of the ENGINEER in the rendition or conduct of professional duties called for or arising out of any construction contract and the plans, designs or specifications that are a part of the construction contract, and arises from personal injury or death, property injury, or any other expense that arises from personal injury, death, or property injury. This indemnity agreement is a continuing obligation, and shall survive notwithstanding completion of the Work, Final Payment, expiration of the warranty period, termination of the Contract, and abandonment or takeover of the Work. CONTRACTOR's indemnification obligations hereunder shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or a subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts, and shall not be limited by any limitation on amounts or coverage of insurance provided or to be provided under this Contract. 4.27 LOSSES FROM NATURAL CAUSES. All loss, cost, expense or damage to the CONTRACTOR arising out of the nature of, the Work to be done or from any unforeseen circumstances in the prosecution of the same, or from the action of the elements, or from unusual obstructions or difficulties which may be encountered in the prosecution of the Work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 10-2012 00700- 17 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.28 GUARANTEE. The CONTRACTOR hereby guarantees all the Work under the Contract to be free from defects or deficiencies in material in every particular and free from defects or deficiencies in workmanship; and against unusual damage from proper and usual use; and agrees to replace or to re-execute without cost to the OWNER such Work as may be found to be defective, deficient or otherwise not in conformance with the Contract Documents, and to make good all damages caused to other work or material, due to such defective Work or due to its required replacement or re-execution. This guarantee shall cover a period of one year from the date of Substantial Completion or Partial Substantial Completion of Work under the Contract, as evidenced by the Certificate of Substantial Completion. Neither the Certificate of Substantial Completion, Final Payment, nor any provision in the Contract Documents shall relieve the CONTRACTOR of the responsibility for defective, deficient or non-conforming material or workmanship during the period covered by the guarantee. The one-year period of guarantee will not limit the OWNER'S other rights under common law with respect to any defects, deficiencies or non-conforming Work discovered after one year. If this one-year guarantee conflicts with other warranties or guarantees, the longer period of warranty or guarantee will govern. 5.0 PROSECUTION AND PROGRESS 5.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his Work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the Work shall be Substantially Completed as a whole and in J part, in accordance with this Contract and the Contract Time; provided, also, that when the OWNER is having other work done, either by contract or by his own forces, the ENGINEER may direct the time and manner of constructing the Work done under this Contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized, and the CONTRACTOR shall fully cooperate and coordinate its Work with OWNER or such other contractors. The CONTRACTOR shall submit, an updated schedule with every pay estimate for review by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the Work, with dates on which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. Such schedules shall show completion of the Work within the Contract Time, and/or shall show such recovery efforts as CONTRACTOR intends to undertake in the event Substantial Completion of the Work is delayed. 5.02 EXTENSION OF TIME. The CONTRACTOR agrees that he has submitted his Bid Proposal in full recognition of the time required for the completion of this Project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions as hereinafter set forth, and that he shall not be entitled to, nor will he request, an extension of time on this Contract, except when Substantial Completion of the Work has been delayed solely by strikes, lockouts, fires, Acts of God, or by any other cause which the ENGINEER shall decide justifies the delay. The CONTRACTOR shall give the ENGINEER prompt notice, in writing and within three (3) days of the start of any such delay, of the cause of any such delay, and its estimated effect on the Work and the schedule for completion of the Work. Upon receipt of a written request for an extension of the Contract Time from the CONTRACTOR, supported by relevant and all requested documentation, the 10-2012 00700- 18 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ENGINEER shall submit such written request, together with his written recommendation, to the OWNER for consideration. If the-delay is not attributable in whole or in part to any act or omission of CONTRACTOR, its subcontractors or suppliers, and if the OWNER determines that CONTRACTOR is entitled to an extension of time under the terms of the Contract, the OWNER shall grant an extension of time for Substantial Completion of the Work, sufficient to compensate for the delay, and such extension of time shall be CONTRACTOR's sole and exclusive remedy, except as may be otherwise provided herein. No extensions of Contract Time shall be made for delays occurring prior to the Contractor's mobilization as defined in Section 01505 MOBILIZATION. The Contract Time as defined in the Bid Proposal and other sections herein incorporates 40 Rain Days per calendar year or an average of 3.33 days per calendar month. The CONTRACTOR is required to keep record of all weather related delays and to submit the monthly count on each Pay Application. The Owner's Representative shall review and sign off on this record as a part of the Pay Application approval process every month. If, during preparation of the Balancing Change Order, the status of the work progress requires an extension of the Contract Time, Impact Days shall be added to the Completion Date equal to the total number of Weather or Impact Days approved less the original 40 days resident in the original Contract Time. The Addition of Weather or Impact Days will only alter the Contract Time when added by Change Order. If the Work is completed prior to the Completion Date, No Days will be added. The addition of Weather or Impact Days shall be the CONTRACTOR's sole remedy for delays to the completion of the Work and their addition to the Contract Time shall not affect the Contract Price through any "per diem" adjustment to the General Conditions costs, Temporary Facilities costs or any other costs associated with the extension of the Contract Time. 5.03 HINDRANCES AND DELAYS. In executing the Contract, the CONTRACTOR agrees that in undertaking to complete the Work within the time herein fixed, he has taken into consideration and made allowances for all interference, disruption, hindrances and delays incident to such Work, whether growing out of delays in securing material, workmen or otherwise. No claim shall be made by the CONTRACTOR for damages, loss, costs or expense resulting from interference, disruption, hindrances or delays from any cause during the progress of any portion of the Work embraced in this Contract, except where the Work is stopped or suspended by order of the OWNER's representative and such stoppage or suspension is not attributable to any act or omission of CONTRACTOR. 5.04 SUSPENSION OF WORK. OWNER may, without cause, order the CONTRACTOR in writing to suspend the Work, in whole or in part, for such period of time as OWNER may request. The Contract Price and/or Contract Time shall be adjusted for any increase in the cost of or the time required for performance of the Work caused by such suspension. No adjustment shall be made to the extent performance was or would have been suspended by a cause for which CONTRACTOR is responsible, or to the extent an adjustment is made or denied under another provision of the Contract Documents. 5.05 LIQUIDATED DAMAGES FOR DELAY: It is understood and agreed that time is of the essence, and that the CONTRACTOR will commence the Work on the date specified herein or in any Notice to Proceed, and will Substantially Complete the Work within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the Substantial Completion of the Work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The CONTRACTOR further 10-2012 00700- 19 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT agrees that a failure to complete on time will cause damage to the OWNER and that such damages cannot be accurately measured or that ascertainment will be difficult. Therefore, the parties agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the Contract Time, the CONTRACTOR shall pay, as liquidated damages and as a reasonable'estimate of OWNER's damages, and not as a penalty, the amount set out in the Standard Form of Agreement. However, the foregoing agreement as to liquidated damages constitutes only an agreement by the OWNER and the CONTRACTOR as to the amount of damages which the OWNER will sustain by reason of the CONTRACTOR'S failure to complete the work within the Contract Time. Should the OWNER suffer damage by reason of any other breach by CONTRACTOR, the OWNER may recover such actual damages in addition to any liquidated damages due. The OWNER shall have the right to deduct and withhold the amount of any and all such damages whether it be the minimum amount stipulated above or otherwise, from any monies owing by it to said CONTRACTOR, or the OWNER may recover such amount from the CONTRACTOR and the sureties of his bond; all of such remedies shall be cumulative and the OWNER shall not be required to elect any one nor be deemed to have made an election by proceeding to enforce any one remedy. 5.06 CHANGE OF CONTRACT TIME: The Contract Time may only be changed by a Change Order. Any claim for an adjustment of Contract Time shall be based on written notice delivered by the party making such claim to the other party and to the ENGINEER promptly, but in no event later than ten (10) days after the event-giving rise to the claim. Notice of the extent of l the claim, along with supporting data, shall be delivered within thirty (30) days of the occurrence and shall be accompanied by the claimant's written representation that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in Contract Time shall be determined by the ENGINEER in accordance with the requirements of this paragraph. Contractor shall submit, as a minimum, the following data: A. Information showing that the time requested is not included in the existing Contract and in addition to the Contract. B. Information documenting that the number of days requested is accurate for the event. C. Revised, current construction schedule showing that the time requested affects the project's critical path. 5.07 DELAYS BEYOND OWNER'S AND CONTRACTOR'S CONTROL: Where CONTRACTOR is prevented from completing any part of the Work within the Contract Time due to delays beyond the control of the OWNER and the CONTRACTOR, including, but not limited to, interference by utility owners or other contractors performing other work, Contractor shall be entitled to an extension of the Contract Time in an amount equal to the time lost. CONTRACTOR shall not be entitled to any increase in Contract Price as a result of such delays. IN NO EVENT SHALL OWNER BE LIABLE TO CONTRACTOR FOR DAMAGES ARISING OUT OF OR RESULTING FROM (i) Delays caused by, or_within the control of, the CONTRACTOR, or (ii) Delays beyond the control of both parties including, but not limited.to, interference by utility owners or other contractors performing other work, fires, floods, epidemics, abnormal weather conditions, acts of God, even if such delays are due in part to the negligence, other fault, breach of contract or warranty, violation of the Texas Deceptive Trade Act, or strict liability without regard 10-2012 00700-20 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT to fault of OWNER. An extension of Contract time shall be CONTRACTOR's sole and exclusive remedy for any such delays. Delays attributed to, and within the control of, a Subcontractor or Supplier shall be deemed to be delays within the control of the CONTRACTOR. 6.0 MEASUREMENT AND PAYMENT 6.01 DISCREPANCIES AND OMISSIONS. If the CONTRACTOR knows or reasonably should have known of any discrepancies or omissions in the Contract Documents, he shall notify the ENGINEER and obtain a clarification by Addendum before the bids are received, and if no such request is received by the ENGINEER prior to the opening of bids, then it shall be considered that the CONTRACTOR fully understands the Work to be performed and has provided sufficient sums in his Bid Proposal to complete the Work in accordance with the Contract Documents. It is further understood that any request for clarification must be submitted no later than five (5) days prior to the opening of bids. • 6.02 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, volume, number and weight only shall be considered, unless otherwise specifically provided. 6.03 ESTIMATED QUANTITIES. This Agreement, including the Contract r`'` Documents, and including any estimates contained therein, is intended to convey all Work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of Work to be done and material to be furnished under this Contract, they are approximate and are to be used only as a basis for estimating the probable cost of the Work and for comparing the Bid Proposals offered for the Work. It is understood and agreed that the actual amount of Work to be done and the materials to be furnished under this Contract may differ from the estimates and that the items listed or estimated quantities stated, and/or any difference between estimated and actual Work, shall not give rise to a claim by the CONTRACTOR against the OWNER for loss, cost, expense, damages, unit price adjustment, quantity differences, unrecovered overhead or lost or anticipated profits, or other compensation. 6.04 PRICE OF WORK. It is agreed that it is the intent of this Contract that all Work described in the Bid Proposal, and Contract Documents, is to be done for the prices bid by the CONTRACTOR and that such prices shall include all appurtenances necessary to complete the Work in accordance with the intent of these Contract Documents as interpreted by the ENGINEER, and all costs, expenses, bond and insurance premiums, taxes, overhead, and profit. In consideration of the furnishing of all the necessary labor, equipment and material and the completion of all Work by the CONTRACTOR, and upon the completion of all Work and the delivery of all materials embraced in this Contract in full conformity with the Contract Documents, the OWNER agrees to pay to the CONTRACTOR the prices set forth in the Standard Form of Agreement, OWNER and CONTRACTOR agree that the Contract is a unit cost agreement, unless stated otherwise, and that-the final Contract amount is equal to the unit cost multiplied by the number of units authorized, installed and approved by the Owner. The OWNER does not assume any obligation to pay for any services or material not actually authorized and used. The CONTRACTOR hereby agrees to receive such prices as payment in full for furnishing all materials and all labor required for the aforesaid Work, and for 10-2012 00700-21 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT all expenses incurred by him, and for full performance of the Work and the whole thereof in the manner and according to this Agreement, Contract Documents, and the requirements of the ENGINEER. 6.05 PAYMENTS. No payments made or approvals or certificates given shall be considered as conclusive evidence of the performance of the Contract, either in whole or in part, nor shall any certificate, approval or payment be considered as acceptance of defective, deficient or non-conforming Work. CONTRACTOR shall, at any time requested during the progress of the Work, furnish the OWNER or the ENGINEER with an affidavit showing the CONTRACTOR's total outstanding indebtedness in connection with the Work. Before Final Payment is made, the CONTRACTOR shall satisfy the OWNER, by affidavit or otherwise, that there are no unpaid claims due subcontractors, suppliers or laborers by reason of any Work under the Contract. Acceptance by CONTRACTOR of Final Payment shall constitute a waiver of any and all claims of whatsoever nature against OWNER, arising out of or related to the Contract, or the Work, or any acts or omissions of OWNER or ENGINEER, which have not theretofore been timely filed as provided in this Contract. 6.06 PARTIAL PAYMENTS. When the Contract Price is a lump sum amount,prior to the first Application for Payment, CONTRACTOR shall submit to ENGINEER for review and approval a Schedule of Values, which shall fairly allocate the entire Contract Price among the various portions of the Work and shall be prepared in such form and supported by such data to substantiate its accuracy as the ENGINEER may reasonably require. The Schedule of Values shall follow the trade divisions of the Specifications so far as practicable. Upon approval, this Schedule of Values shall be used by ENGINEER as the basis for reviewing the Contractor's ram, Application for Payment. Applications for Payment shall indicate the percentage of completion of t each portion of the Work as of the end of the period covered by the Application for Payment. On or before the tenth day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER, for approval or correction, an application for partial payment, being a statement showing as completely as practicable, the agreed unit quantities and extended total value of the Work done by the CONTRACTOR up to and including the twenty-fifth day of the preceding month; said statement shall also include the value of all conforming materials to be fabricated into the Work and stored in accordance with manufacturer's recommendations and as approved by the OWNER or ENGINEER at the Work site only. No payment will be made for materials stored until OWNER has approved in writing storage at the Work site. The ENGINEER shall then review such statement of unit quantities and application for partial payment and the progress of the Work made by the CONTRACTOR and, within ten days after the date ENGINEER receives CONTRACTOR's application for payment, if the application is found to be accurate and correct and the WORK conforming to the requirements of the Contract Documents, the ENGINEER shall certify the application for partial payment and shall deliver his preliminary certification for payment to the OWNER and the CONTRACTOR; or, if the ENGINEER finds that CONTRACTOR's application for payment contains an error or is otherwise disputed, he shall notify CONTRACTOR of such error or dispute, and shall prepare a preliminary certificate for partial payment for the undisputed amount of the application for payment due CONTRACTOR, and deliver it to the OWNER and CONTRACTOR. ENGINEER'S notice to CONTRACTOR that a bona fide dispute for payment exists shall include a list of the specific reasons for nonpayment. ,.• All payment applications made by CONTRACTOR and delivered to ENGINEER and all .f verifications and certification of such applications shall be made and transmitted within the Pro- Trak system and signed with the appropriate electronic signatures as provided for in the software. 10-2012 00700-22 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Such applications for payment shall not be considered complete unless accompanied by the CONTRACTOR'S Partial Waiver of Lien and Payment Affidavit, Section 00615, duly executed by an authorized representative of the CONTRACTOR and reflecting the correct corresponding amount of the payment application. The OWNER shall then pay the CONTRACTOR, within thirty (30) days of the date of ENGINEER's receipt of the application for payment, the undisputed balance due, less applicable retainage, and further less all previous payments and all further sums that may be retained or withheld by the OWNER under the terms of this Agreement. CONTRACTOR may submit a corrected application for payment after its receipt of the ENGINEER's notice of error or dispute, and such corrected application for payment shall be reviewed by the ENGINEER and disputed or paid under the same procedure and within the same time limits set out above. As a condition of any progress payment under this Agreement, CONTRACTOR shall execute and deliver to ENGINEER and OWNER a full release of all claims, direct or indirect, at law or in equity, arising out of or related to the Work to date, excluding retainage or any claims previously submitted as required under the terms of the Contract, and specifically identified and excluded by CONTRACTOR in the release. OWNER shall be entitled to retain from each progress payment five percent (5%) of the amount thereof. Such retainage shall be retained until Final Completion and satisfaction of all conditions for Final Payment. It is understood, however, that in case the whole Work be near to completion, as certified by the ENGINEER, and some unexpected or unusual delay occurs, through no neglect or fault on the part of the CONTRACTOR, the OWNER may, upon written recommendation of the ENGINEER, pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR, at the OWNER'S option, may be relieved of the obligation to fully complete the Work, and thereupon, the CONTRACTOR shall receive, at the OWNER'S option, payment of the balance due him under the Contract for Work completed in accordance with the Contract Documents, subject to OWNER's rights to otherwise withhold or retain payments, and subject to the conditions set forth under"6.08 FINAL PAYMENT." The Owner at its option and in compliance with Texas law may reduce retainage to less than the above-stated percentages. 6.07 USE OF COMPLETED. PORTIONS & PUNCHLIST. The OWNER shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding that the time for completing the entire work or such portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the Work, the CONTRACTOR shall promptly and within three (3) days of OWNER's taking possession, give OWNER written notice of same, and CONTRACTOR may be entitled to such extra compensation or extension of time, or both, as may be determined in accordance with the provisions of this Agreement. 6.08 SUBSTANTIAL COMPLETION. The CONTRACTOR shall notify the OWNER AND ENGINEER, by letter executed by a duly qualified officer. of CONTRACTOR, that in CONTRACTOR's opinion, the Work of the Contract, or an agreed portion thereof, is "Substantially Complete". Such notification shall include a list of all outstanding or incomplete items. Upon receipt, and within a reasonable time thereafter, of such notice, the ENGINEER and the CONTRACTOR shall jointly perform a walk-through and inspection of the Work to determine 10-2012 00700-23 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT the status of all or the identified portion of the work, and the ENGINEER shall prepare a detailed list of unfinished, incomplete, defective and/or non-conforming Work ("Punchlist"). If the ENGINEER determines that the Work is Substantially Complete in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR a Certificate of Substantial Completion. OWNER shall have seven (7) days after receipt of Certificate to make written objection to the ENGINEER as to any provision of the Certificate or the attached list of non-conforming work. If ENGINEER concludes that the Work is not Substantially Complete, ENGINEER will, within fourteen (14) days, notify CONTRACTOR of the reason he believes the Work is not Substantially Complete. Upon Substantial Completion of the Work, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities, pending final payment and acceptance, with respect to security, maintenance, utilities and damage to the Work, except as otherwise provided in the Certificate of Substantial Completion. NEITHER THE SUBSTANTIAL COMPLETION OF THE WORK, NOR THE OMISSION OF AN ITEM FROM THE PUNCHLIST, SHALL EXCUSE THE CONTRACTOR FROM PERFORMING ALL OF THE WORK UNDERTAKEN, WHETHER OF A MINOR OR MAJOR NATURE, AND THEREBY COMPLETING THE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. The Certificate of Substantial Completion shall establish the time period within which CONTRACTOR shall complete the Work for Final Acceptance by the Owner and ENGINEER. 6.08-1 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, for security requirement reasons. OWNER may establish an access procedure to facilitate CONTRACTOR's uninterrupted access to the Work for the purposes of completing and correcting all items on the Punchlist in an expeditious manner. 6.09 FINAL PAYMENT. Final payment of the Retainage withheld from the Contract Price shall be made by the OWNER to the CONTRACTOR at such time as: (a) the Work, including all Change Orders and including all Punchlist work, has been fully completed in strict accordance with the Contract Documents; (b) the Contract has been fully performed except for the CONTRACTOR's responsibility to correct nonconforming Work during the warranty period set forth in the Contract Documents, and to satisfy other requirements, if any, which necessarily survive final payment; (c) CONTRACTOR delivers to OWNER a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days prior written notice has been given to OWNER; (d) CONTRACTOR delivers to OWNER a Consent of Surety, if any, to final payment; (e) CONTRACTOR delivers to OWNER a complete set of As-Built Drawings, reflecting all deviations from the Plans, Specifications and approved shop drawings in the Work actually constructed, and delivers all maintenance and operating manuals and/or instructions; 10-2012 00700-24 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (f) CONTRACTOR delivers to OWNER all building certificates required prior to occupancy and all other required inspections/approvals/acceptances by city, county, state governmental entities or other authorities having jurisdiction; (g) CONTRACTOR delivers to OWNER assignments of all guarantees and warranties from subcontractors, vendors, suppliers or manufacturers, as well as names, addresses and telephone numbers of contacts for each subcontractor, vendor, supplier or manufacturer; (h) CONTRACTOR removes all equipment, tools, temporary facilities, surplus materials and rubbish from the site, and final cleans the site to OWNER's satisfaction; (i) CONTRACTOR delivers to OWNER a Full and Final Release and Affidavit of Bills Paid in the form attached hereto as Attachment No. 2, executed by CONTRACTOR; (j) CONTRACTOR delivers to OWNER all other documentation required to be submitted to OWNER pursuant to the Contract Documents, including but not limited to any special guarantees or warranties, operation and maintenance manuals, etc'. in each case in a form satisfactory to OWNER as determined in OWNER'S sole discretion; and (k) the Final Application for Payment has been approved by the ENGINEER and OWNER. Acceptance of Final Payment by the CONTRACTOR shall constitute a waiver of all claims by CONTRACTOR against OWNER other than any claims previously made in writing by CONTRACTOR against OWNER, and still unsettled, and except for claims arising out of third party actions, cross-claims and counterclaims. No interest shall be due or payable by OWNER to CONTRACTOR on any sums retained or withheld by OWNER pursuant to the terms or provisions of the Contract Documents, except as otherwise provided by applicable law. Neither the Certificate of Substantial Completion nor the Final Payment nor possession or acceptance of the Work shall relieve the CONTRACTOR of its obligation for correction of defective or non- conforming Work, or for fulfillment of any warranty, which may be required by law or by the Contract Documents. 6.10 CORRECTION OF WORK BEFORE FINAL PAYMENT. The CONTRACTOR shall promptly remove from OWNER's premises all materials, equipment or Work which is defective or otherwise not in conformance with the Contract Documents, whether actually incorporated in the Work or not, and CONTRACTOR shall, at his own expense, promptly replace such materials, equipment or Work with other materials conforming to the requirements of the Contract. The CONTRACTOR shall also bear the expense of restoring all work of CONTRACTOR or other contractors damaged by any such removal or replacement. If CONTRACTOR does not remove and replace any such unsuitable Work within ten (10) business days after receipt of a written notice from the OWNER or. the ENGINEER, the OWNER may remove, replace and remedy such work at.CONTRACTOR's expense. 10-2012 - 00700-25 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.11 CORRECTION OF WORK AFTER FINAL PAYMENT. If within one (1) year from the date of Substantial Completion or such longer period of time as may be prescribed by law . ; or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR shall, at its sole cost, correct it and any other work affected thereby promptly after receipt of a written notice from OWNER to do so. In addition, CONTRACTOR shall be responsible for any damage to building contents, when such damage results from the CONTRACTOR's use of faulty materials or defective workmanship; to the extent such damage is not covered by OWNER's insurance. This warranty period shall renew and recommence for each corrected item of Work upon completion of the remedial work. This time period for correction by CONTRACTOR is in addition to, and not in lieu of, all warranties or remedies, which exist at common law or by statute. These warranty obligations shall survive the termination of this Contract, and shall be enforceable by a decree of specific performance, in addition to such other rights and remedies available to OWNER at law or in equity. 6.12 PAYMENTS WITHHELD. The OWNER may withhold, or on account of subsequently discovered evidence nullify and demand immediate repayment of, the whole or part of any certificate for payment or payment, to such extent as may be necessary to protect OWNER from loss on account of: (a) Defective or non-conforming Work not remedied; (b) Claims filed or reasonable evidence indicating probable filing of claims; (c) Failure of the CONTRACTOR to make payments promptly to subcontractors or "'") for material or labor; (d) Damage to another contractor, OWNER, existing improvements on the site, or to adjacent or adjoining property; (e) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract amount; (f) Reasonable indication that the Work will not be completed within the Contract Time; (g) Failure on the part of the CONTRACTOR to execute any and all documents, releases or other documents presented to the CONTRACTOR for execution, as provided for herein or otherwise; (h) Liquidated or other damages due to late completion; and/or (i) Any breach by CONTRACTOR of this Contract or any other agreement between OWNER and CONTRACTOR. When the above grounds are removed to OWNER's satisfaction, the withheld payment shall be made promptly. If the said causes are not so remedied, OWNER may remedy the same for id") CONTRACTOR's account, charge the entire cost thereof to CONTRACTOR and deduct such cost 10-2012 00700-26 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT from the Contract Sum or from any payments due or to become due under any other agreement between OWNER and CONTRACTOR. 6.13 DELAYED PAYMENTS. Should the OWNER fail to make payment to the CONTRACTOR when payment is due in accordance with the terms of the Contract Documents, any interest due CONTRACTOR for late payments shall accrue and be paid in accordance with the provisions of Chapter 2251 of the Texas Government Code, as amended, and payment of such interest shall fully liquidate and compensate any injury to the CONTRACTOR growing out of such delay in payment. Should OWNER fail to pay CONTRACTOR an undisputed amount due within the time limits provided in the Contract or applicable law, CONTRACTOR shall give the notice required and comply with the provisions of Section 2251.051 of the Texas Government Code, and shall thereupon be entitled to the rights and remedies provided therein. 7.0 EXTRA WORK AND CLAIMS 7.01 DIFFERING Sl'I'E CONDITIONS. During the progress of the work, if subsurface, latent physical conditions or unknown physical conditions of an unusual nature are encountered at the site that differ materially from those indicated in the contract or from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, the CONTRACTOR shall notify the OWNER's Representative in writing within three (3) calendar days of the specific differing conditions before the site is disturbed and before the affected work is performed. Ciab\ (a) Upon written notification, the ENGINEER will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance ofany work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The ENGINEER will notify the CONTRACTOR in writing of the determination whether or not an adjustment of the contract is warranted. (b)No contract adjustment which results in a benefit to the CONTRACTOR will be allowed unless the CONTRACTOR has provided the required written notice. (c)No contract adjustment will be allowed under this clause for any effects caused on unchanged work. 7.02 SUSPENSIONS OF WORK ORDERED BY THE ENGINEER. If the performance of all or any portion of the work is suspended by the ENGINEER in writing for seven (7) calendar days and the CONTRACTOR believes that additional compensation and/or contract time is due as a result of such suspension, the CONTRACTOR shall submit a written request for adjustment to the ENGINEER within seven (7) calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. (a) Upon receipt, the ENGINEER will evaluate the CONTRACTOR's request. If the ENGINEER agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the CONTRACTOR, its suppliers, or subcontractors at any approved tier, and not caused by weather, the ENGINEER will make 10-2012 00700-27 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT an adjustment (excluding profit) and modify the contract in writing accordingly. The CONTRACTOR will be notified of the ENGINEER's determination, in writing, whether or not an adjustment of the contract is warranted. (b) No contract adjustment will be allowed unless the CONTRACTOR has submitted the request for adjustment within the time prescribed. (c) No contract adjustment will be allowed under this clause to the extent that performance would have been suspended by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. 7.03 CHANGE ORDERS. Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the Work; such changes will be authorized by Change Order to be prepared by the ENGINEER for execution by the OWNER and the CONTRACTOR. The Change Order shall set forth the basis for any change in Contract Price, as hereinafter set forth for Extra Work, and any change in Contract Time, which may result from the change. 7.04 In accordance with paragraph 1.07 CONTRACTOR'S request to work weekends, the Owner's Construction Manager shall, upon receipt of written notice by the CONTRACTOR of the need to conduct work on otherwise non-Work Days,prepare a cost estimate for providing Construction Management and Inspection services during the requested period and submit this to both OWNER and CONTRACTOR. If approved by both parties the Construction Manager shall n prepare a Deductive Change Order in the amount stated in the estimate for the signature of the CONTRACTOR and the OWNER for inclusion in the next Pay Application. The Deductive Change Order must be signed and executed by both the OWNER and CONTRACTOR prior to start of work on any non-Work Day. 7.05 MINOR CHANGES. The ENGINEER may authorize minor changes in the Work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price or time. If the CONTRACTOR believes that any minor changes authorized by the ENGINEER involves Extra Work or entitles him to an increase in the Contract Price or the Contract Time, the CONTRACTOR shall give notice of same by written request to the ENGINEER for a written Work Order, with a copy to OWNER. Any such notice and request by the CONTRACTOR shall be given prior to beginning the changed work. CONTRACTOR's commencement of any minor change in the Work prior to such written notice and request shall constitute a waiver of any and all claims for an increase in the Contract Price or the Contract Time arising out of or related to such changed work. 7.06 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all work when presented with a written Change Order, Work Change Directive or Work Order signed by the ENGINEER, subject, however, to the right of the CONTRACTOR to require written confirmation of such Change Order, Work Change Directive or Work Order by the OWNER. It is agreed that the basis of compensation or adjustment to the CONTRACTOR for work either altered, added or deleted by a Change Order or Work Change Directive, or for which a claim for Extra Work is made, shall be determined by one or more of the following methods: Method (A) --By Contract unit prices applicable to the work, if any; or 10-2012 00700-28 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Method (B) --By agreed unit prices or agreed stipulated lump sum price; or Method (C) --If neither Method (A) nor Method (B) can be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "Actual Field Cost" of the work plus: a) For subcontractors performing work mark-up shall be limited to fifteen percent, ten (10%) for the subcontractor plus five (5%) for the General Contractor or b)For the General Contractor alone, self-performing the extra work, without subcontractor, the mark-up shall not exceed ten percent (10%), as full and final compensation for the Extra Work and all costs and expenses, direct or indirect, arising out of or related thereto. In the event said Extra Work or Change Order or Work Change Directive work is performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "Actual Field Cost" is hereby defined as the cost to the CONTRACTOR of all workers, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals of machinery and equipment, for the time actually employed or used on such Extra Work or Change Order or Work Change Directive work, plus actual transportation charges necessarily incurred together with all power, fuel, lubricants, water and similar operating expenses, plus all necessary incidental expenses incurred directly on account of.such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation, and all other insurance as may be required by law or ordinance, or the Contract Documents,plus all payments to subcontractors for such work. The ENGINEER may direct the form in which accounts of.the "Actual Field Cost" shall be kept and the records of these accounts shall be made available to the ENGINEER. The ENGINEER or OWNER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless' otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America where practicable. The mark-up of the "Actual Field Cost" to be paid to the CONTRACTOR, shall cover and compensate him for his profit, overhead, and all other elements of cost and expense not embraced within the "Actual Field Cost" as herein defined, save that where the CONTRACTOR's field office must be maintained solely on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "Actual Field Cost" No claim for Extra Work of any kind will be allowed unless ordered by the ENGINEER in a written Work Order. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the Contract Time, he shall make written request to the ENGINEER for a written Work Order authorizing such Extra Work within ten (10) days of ENGINEER's orders or instructions, otherwise the orders or instructions will be considered minor changes. The issuance of a Work Order by the ENGINEER shall not constitute or be construed as an agreement or 10-2012 00700-29 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT acknowledgement by the ENGINEER that the work which is the subject of the Work Order is Extra Work outside the scope of the Contract Work, but shall merely constitute a direction to the CONTRACTOR to perform the work, and the CONTRACTOR shall proceed with the work, and shall keep an accurate account of the "Actual Field Cost" thereof, as provided under Method (C). Upon completion of the alleged Extra Work, the CONTRACTOR shall promptly and within ten (10) days submit his claim to the ENGINEER by proper certification and attestation, on forms provided by the ENGINEER. The ENGINEER shall render a written decision on CONTRACTOR's claim within ten (10) days. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time, shall be final and conclusive and binding upon the parties. If the ENGINEER shall fail to respond in writing to CONTRACTOR's claim within thirty (30) days of the date of submission, or if CONTRACTOR shall dispute or object to ENGINEER's decision on any claim, and CONTRACTOR fails to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0, within sixty (60) days after the date of submission to the ENGINEER, or such longer period as the parties may agree to in writing, the CONTRACTOR shall lose and forfeit his right to make such claim for Extra Work at any later date, and all such claims held by the CONTRACTOR shall be deemed waived, forfeited and forever barred. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 7.07 TIME OF FILING CLAIMS. Except as otherwise provided herein, all questions of dispute or adjustment shall be made within the Pro-Trak system and filed with the ENGINEER within three (3) days after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty (30) days to such written exceptions, and render his final decision in writing. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time, shall be final and conclusive and binding upon the parties. In case the CONTRACTOR should desire to appeal from the ENGINEER's decision, the CONTRACTOR may request a meeting between representatives of the OWNER and the CONTRACTOR for the purposes of appealing the ENGINEER's decision directly to the OWNER, such meeting to occur within ten (10) days after the date of the CONTRACTOR's request, or such longer period as may be agreed to by the parties in writing. If the CONTRACTOR shall still be aggrieved after a meeting with the OWNER and/or his representative, the CONTRACTOR shall have sixty (60) days after the date of the meeting, or such longer period as the parties may agree to in writing, to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0. In the event the CONTRACTOR shall fail, for any reason, to timely file a Request for Mediation, the OWNER shall be released of any and all liability, and the CONTRACTOR's failure to timely file a Request for Mediation shall constitute a waiver, forfeit and final bar of all such claims held by the CONTRACTOR against the OWNER. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 8.0 DEFAULT 8.01 DEFAULT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume Work within five (5) days after written notification from the OWNER 10-2012 00700-30 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER when such orders are consistent with the Contract Documents, or if the CONTRACTOR otherwise defaults on its obligations under•the Contract, OWNER shall have the right, if it so elects and without prejudice to any other rights it may have, after giving five (5) days written notice of default to CONTRACTOR and any surety, to terminate the Contract or any part thereof and/or to take over or cause others to take over the Work or any part thereof, and to complete such Work for the account of CONTRACTOR. Where Performance and Payment Bonds exist, the sureties on these bonds shall be directed to complete the Work in conjunction with the notice of default, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of default, the CONTRACTOR shall promptly and within no more than three (3) days, remove from the Work any machinery, equipment, or tools then on the job, not intended for incorporation into the Work. Should CONTRACTOR fail to promptly remove such machinery, equipment or tools, OWNER may remove such machinery, equipment or tools and store same at CONTRACTOR's expense; return such machinery, equipment or tools to their purported owner; or otherwise dispose,of such machinery, equipment or tools as OWNER sees fit. Any materials, supplies and/or equipment delivered for use in the Work, may be used in the completion of the Work by the OWNER or the surety on the Performance Bond, or another contractor in completion of the Work; it being understood that the use of such equipment, supplies and materials will ultimately reduce the cost to complete the Work and be reflected in the final settlement. Where there is no Performance Bond or in case the surety should fail to commence compliance with the notice for completion hereinabove provided for within ten (10) days after the service of such notice, then the OWNER may provide for completion of the Work in either of the following elective manners: (a) The OWNER may thereupon employ such force of workers and use such machinery, equipment, tools, materials- and supplies as the OWNER may deem necessary to expeditiously complete the Work, and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall be credited with the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by such CONTRACTOR, then the CONTRACTOR and/or his surety shall promptly pay the amount of such excess to the OWNER upon demand; or (b) The OWNER, under sealed bids, under the times and procedures provided for by law, may let the contract for completion of the Work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the OWNER under the completion contract, as compared to what would have been the cost under this Contract, such increase shall be charged to the CONTRACTOR, and the amount of such increase may be deducted by the OWNER out of such monies as may be due or that may thereafter at any time 10-2012 00700-31 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR, or the CONTRACTOR and/or his surety shall promptly pay the amount of such increase to the OWNER upon'demand. However, should the cost to complete any such completion contract prove to be less than what would have been the cost to complete under this Contract, the CONTRACTOR and/or his surety shall be credited therewith. In the event of a default by CONTRACTOR, no further payments shall be made to CONTRACTOR under the Contract until the Work is Finally Completed. When the Work shall have been Finally Completed, the CONTRACTOR and his surety shall be so notified. A complete itemized statement of the Contract accounts, certified by the ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his surety, whereupon the CONTRACTOR and/or his surety shall pay the balance due as reflected by said statement. The OWNER, prior to incurring an obligation to make payment hereunder, shall have such statement of completion attested to by the CONTRACTOR and the surety as accurate, and in exchange for payment of the sum stated therein, the OWNER shall be entitled to a full and final release of any claims or demands by the CONTRACTOR or the surety. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this Contract, or when the CONTRACTOR and/or his surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools or supplies left on the site of the Work shall be turned over to the CONTRACTOR and/or his surety. Should the cost to complete the Work exceed the Contract Price, and the CONTRACTOR and/or his surety fail to pay the amount due the OWNER within the time designated above, and there remains any machinery, equipment, tools, materials or supplies which are the property of CONTRACTOR on the site of the Work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his surety at the respective addresses designated in the Contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his surety, subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of such notice, the OWNER may sell such property, equipment, tools, materials or supplies, and apply the net sum derived from such sale to the credit of the CONTRACTOR and his surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials or supplies, which remain on the Work, and belong to persons other than the CONTRACTOR or his surety, to their reputed owners. 8.02 SUPPLEMENTATION OF CONTRACTOR FORCES. If CONTRACTOR at any time shall, in OWNER'S sole opinion, fail to furnish skilled workers, suitable materials, supplies or adequate equipment sufficient for the prompt, timely and diligent prosecution of the Work in accordance with OWNER's direction, OWNER shall have the right, without prejudice to the exercise of other remedies for the same default and without fully taking over the Work, to supplement CONTRACTOR's forces and to expedite delivery of and to procure and furnish such workers, materials, tools, supplies or equipment for CONTRACTOR's account by employing other contractors and suppliers engaged in the same class of work and charge the entire cost thereof to CONTRACTOR, said cost to be deducted from sums due or to become due to 10-2012 00700-32 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR under the Contract or any other agreement with OWNER or any parent, subsidiary or affiliate of OWNER. 8.03 CUMULATIVE REMEDIES & SPECIFIC PERFORMANCE. All rights and remedies of OWNER, under the terms of the Contract and/or available at law or in equity, are cumulative. In the event CONTRACTOR or any of its subcontractors, vendors or suppliers fails or refuses for any reason to provide timely manufacture, fabrication, delivery, installation, erection, construction or completion of any supplies, materials, expendables, equipment, machinery, accessories or appurtenances to be furnished hereunder, CONTRACTOR acknowledges and agrees that such items are required, necessary, essentially unique to the Project and the Work and will cause irreparable harm to OWNER and the Project if not furnished in accordance with the Contract, and OWNER shall have the right to obtain a decree of specific performance and mandatory injunctive relief from any Court of competent jurisdiction to ensure the timely furnishing of such items. 8.04 CROSS-DEFAULT. If, for any reason, CONTRACTOR is declared in default and/or terminated by OWNER under any other agreement with OWNER, whether related to the Project or not related to the Project, OWNER shall have the right to offset and apply any amounts which might be owed to OWNER by CONTRACTOR under any other such agreements against any earned but unpaid amounts owing to CONTRACTOR by OWNER under the Contract, any retainage earned by CONTRACTOR under the Contract or any unearned, unpaid amount under the Contract. 8.05 INSOLVENCY. It is recognized that if CONTRACTOR becomes a debtor in voluntary or involuntary bankruptcy proceedings, makes a general-assignment for the benefit of creditors, or if a-receiver is appointed on account of.his insolvency, such events could seriously impair or frustrate CONTRACTOR's performance of the Work. Accordingly, it is agreed that should CONTRACTOR become a debtor in bankruptcy, either voluntary or involuntary, CONTRACTOR shall notify OWNER in writing within twenty-four (24) hours of the filing with the bankruptcy court. Further, it is agreed that upon occurrence of any one or more such events, OWNER shall be entitled to request of CONTRACTOR or its successors, trustees or receivers, adequate assurances of future performance. In the event such adequate assurances are not given to the reasonable satisfaction of OWNER within seventy-two (72) hours of such request, OWNER shall have the right to immediately invoke the remedies of this Section 8 or as provided by law. Pending receipt of such adequate assurances of such future performance, OWNER may proceed with the Work on a temporary basis and deduct the costs, plus reasonable overhead and profit, from any amounts due or which may become due to CONTRACTOR under the Contract or any other agreement with OWNER. In this regard, OWNER and CONTRACTOR agree that delays in performance could result in more damages to CONTRACTOR than would be sustained if OWNER failed to exercise such remedies. 8.06 CONTINGENT ASSIGNMENT. CONTRACTOR hereby assigns to OWNER, all of CONTRACTOR's rights under and interest in any and all subcontracts and/or purchase orders entered into by CONTRACTOR pursuant to this Agreement, such assignment to become effective upon CONTRACTOR's default under this Agreement or OWNER's termination of this Contract, and OWNER's acceptance of such assignment. Upon CONTRACTOR's default or OWNER's \- termination of this Contract, OWNER may, in the event there is no performance bond for the Contract, or in the event the performance bond surety fails to complete the Contract, or if OWNER otherwise so elects in its sole discretion, accept such assignment by written notice of such 10-2012 00700-33 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT acceptance to CONTRACTOR and subcontractor, and may require subcontractors to perform all of the then unperformed duties and obligations under the subcontract, for the direct benefit of OWNER. In the event OWNER requires such performance by a subcontractor, then OWNER shall be obligated to pay such subcontractor any amounts due and owing under the terms of the subcontract/purchase order, at the subcontract prices and rates, and subject to any rights of withholding or offset and other terms and conditions of the subcontract, for all work properly performed by such subcontractor, to the date of OWNER's acceptance and thereafter. OWNER's liability in this connection, however, shall not exceed the amount obtained by subtracting all payments made by CONTRACTOR to subcontractor from the Subcontract Price at the time of CONTRACTOR's default or OWNER's termination of CONTRACTOR. CONTRACTOR shall include a provision in its subcontracts that allows such assignment and allows OWNER to take these actions, and further provides that in the event of CONTRACTOR's termination for default, the subcontractor agrees to give the OWNER or its agent the right to inspect all books and records of subcontractor relating to the Work. 8.07 WAIVER OF CONSEQUENTIAL DAMAGES. CONTRACTOR expressly waives any and all claims for consequential damages against OWNER arising out of or related to this Contract, or any other agreements between CONTRACTOR and OWNER, including, but not limited to, claims for damages incurred by CONTRACTOR for principal office expenses, including the compensation of personnel stationed there, losses of financing, bonding capacity, business and reputation, and claims for lost profit, whether on this Contract or otherwise. 8.08 TERMINATION FOR CONVENIENCE. OWNER may at its sole discretion, upon five (5) days written notice to CONTRACTOR, terminate this Contract, in whole or in part, if and when OWNER determines that it is in the best interest of OWNER to do so. Upon receipt of such written notice from OWNER, CONTRACTOR shall cease all terminated Work and take reasonable precautions to protect and preserve such work, and shall take all reasonable measures after consultation with OWNER to terminate or assign to OWNER all subcontracts, purchase orders or other commitments related to the Work or the Project on terms and conditions acceptable to OWNER. CONTRACTOR will be paid for all Work performed in strict accordance with the Contract Documents, based upon the Contract Price and the percentage of completion on the date of termination, and less amounts previously paid, subject to any reasonable backcharges attributable to CONTRACTOR's failure to comply with any of the provisions of this Contract and further subject to the other terms of this Contract regarding payment. In no event will CONTRACTOR receive or be entitled to any payment or compensation whatsoever for interruption of business or loss of business opportunities, any other items of consequential damages, for overhead or loss of profits on the unperformed Work and/or services and unfurnished materials or for any intangible, impact or similarly described cost, damages or expense, and under no circumstances shall the total sum paid to or received by CONTRACTOR under this Contract exceed the Contract Price. The compensation provided herein shall be CONTRACTOR's sole and exclusive remedy arising out of a termination for convenience. 8.09 DEFAULT BY OWNER. In case the OWNER shall default on its material obligations under this Contract, other than OWNER's failure to pay CONTRACTOR a disputed amount due within the time limits provided in the Contract or applicable law, as addressed by Section 6.13 of this Agreement, and shall fail or refuse to cure, or to commence and diligently pursue cure of such default within fifteen (15) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the Work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of the Work 10-2012 00700-34 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT that have not been included in payments to the CONTRACTOR and have not been incorporated into the Work. And thereupon, the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all Work actually completed by said CONTRACTOR (at the Contract Prices), the value of all partially completed Work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this Contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole Work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement, and shall present the same to the OWNER, and OWNER's payment of said sum to the CONTRACTOR, on or before thirty (30) days after OWNER's receipt of such statement, shall satisfy any and all rights, claims or causes of action of CONTRACTOR arising out of or related to such default by OWNER, and shall be CONTRACTOR's sole and exclusive remedy for such default. A disputed or unilateral claim by the Contractor cannot by itself constitute a default hereunder. 9.0 DISPUTE RESOLUTION Any dispute or pending claim or dispute resolution process between OWNER and CONTRACTOR shall not excuse or relieve CONTRACTOR of its obligations under the Contract, and CONTRACTOR shall diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. Cuk\ All claims, disputes and other matters in question arising out of or relating to, the Contract, or the breach thereof, shall be subject to mediation as a condition precedent to any other dispute resolution process as may be selected by OWNER. Unless mutually agreed otherwise the mediation shall be conducted by a third party who will be selected by agreement between OWNER and CONTRACTOR, and Request for Mediation shall be filed with the other party. The parties shall share the mediator's fee and any filing fees equally. If a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the work of a subcontractor or supplier, OWNER or CONTRACTOR may join such subcontractor or supplier as a party to any mediation proceeding between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts and/or purchase orders related to the Work a specific provision whereby the subcontractor or supplier consents to being joined in mediation between OWNER and CONTRACTOR involving the work of such subcontractor or supplier. This Contract shall be governed by the laws of the State of Texas and shall be considered performable in Brazoria County, Texas, for venue purposes. Further, the OWNER and CONTRACTOR stipulate that venue for any dispute resolution proceeding involving or touching upon the Contract other than the conduct of an arbitration hearing shall be in Brazoria County, Texas, or, if such choice of venue is prohibited or unenforceable by law, shall be held in the county where the Project is located. CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in the event OWNER seeks to enforce any provision of this Contract whether by arbitration or other dispute resolution process. Further, in the event OWNER defends any claim instituted by CONTRACTOR against OWNER, whether in arbitration or other dispute resolution 10-2012 00700-35 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT process, CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in defending such claim provided OWNER is the prevailing party, in whole or in part, in such proceeding. 10-2012 00700-36 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 1 TO GENERAL CONDITIONS WORKERS' COMPENSATION INSURANCE COVERAGE A. DEFINITIONS: Certificate of coverage ("certificate") . A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project for the duration of the Project. Duration of the Project -includes the time from the beginning of the Work on the Project until the contractor's/person's work on the Project has been completed and the Project warranty period has expired. Persons providing services on the project includes persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with due contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, motor carriers and owner- operators, (as defined at Section 406.121 of the Texas Labor Code), leasing companies, and employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5.Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for employees of the contractor providing services on the project, for the duration of the project. C. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the Contract. D. If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project, .the CONTRACTOR must, prior to the end of the coverage period; file a new certificate of coverage with the OWNER showing that coverage has been extended. E. The CONTRACTOR shall obtain from each subcontractor or other person providing services on a project, and provide to the OWNER: (I) a certificate of coverage, prior to that person'beginning work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 05/2007 00700-Al CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (2) no later than seven days after receipt by the CONTRACTOR and prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 days after the CONTRACTOR knew or should have known, of any changes that materially affect the provision of coverage of any person providing services on the Project. H. The CONTRACTOR shall post on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. NOTICE REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440- 3789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, too: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for all of its employees providing services on the Project, for the duration of the Project; (2) provide to the CONTRACTOR, prior to that person beginning work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the Project: 05/2007 00700-A2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (3) provide the CONTRACTOR, prior to the end of the coverage period, a new certificate of coverage, showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (4) obtain from each other person with whom it contracts, and provide to the CONTRACTOR: (a) a certificate of coverage,prior to the other person beginning work on the Project; and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (5) retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; (6) notify the OWNER in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage agreements will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR, which entitles the OWNER to pursue all rights and remedies available to it under the Contract, at law or in equity, if the CONTRACTOR does not remedy the breach within ten days after receipt of notice of breach from the OWNER. 05/2007 00700-A3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 2 TO GENERAL CONDITIONS AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE In consideration of the Final Payment under that certain contract between [Contractor's Company Name] (hereafter "CONTRACTOR") and the City of Pearland (hereafter "OWNER") for the Project known as Max Road Sports Complex Phase I(the "Contract"), the CONTRACTOR makes the following representations to OWNER, either individually if a proprietorship, or jointly and severally by all general partners if a partnership, or if a corporation, by action of the president and secretary of said corporation, as duly authorized by appropriate action of the stockholders and/or board of directors of said corporation, their signatures hereon constituting a representation under oath by said individuals that they have the authority to execute this Agreement for and on behalf of the said corporation: 1. The undersigned CONTRACTOR represents to OWNER that the Application for Payment for the Final Payment under the Contract, and the final Change Order issued under the Contract if any, whether or not modified, corrected or changed in some way by the ENGINEER, the CONTRACTOR or the OWNER, a copy of which are attached hereto and marked Exhibit "A", are true, correct and accurate, and that CONTRACTOR has received payment in full for all other Applications for Payment submitted under the Contract, and that CONTRACTOR has been fully compensated for all labor, materials, equipment and/or services furnished in connection with the Contract, except for the Final Payment. 2. It is agreed and stipulated by the undersigned CONTRACTOR that upon the receipt of Final Payment in the amount as set out on the attached Application for Payment, the CONTRACTOR, by execution of this instrument of release, does, therefore, RELEASE and FOREVER DISCHARGE OWNER of and from all manner of debts, claims, demands, obligations, suits, liabilities and causes of action of any nature whatsoever, at law or in equity, in contract or in tort, now existing or which may hereafter accrue, arising out of or related to the Contract, any Change Orders or Work Orders, the Work, or any labor, materials, equipment or services furnished by CONTRACTOR to OWNER. 3. The CONTRACTOR, acting by and through the person or persons whose names are subscribed hereto, does solemnly swear and affirm that all bills and claims have been paid to all materialmen, suppliers, laborers, subcontractors, or other entities performing services or supplying materials or equipment, and that OWNER shall not be subject to any bills, claims, demands, litigation or suits in connection therewith. 4. It is further specifically understood and agreed that this Agreement for Final Payment and Contractor's Sworn Release shall constitute a part of the Contract, and it is also specifically understood and agreed that this Agreement shall not act as a modification, waiver or renunciation by OWNER of any of its rights or remedies as set out in the Contract itself, but this Agreement for Final Payment and Contractor's Sworn Release shall constitute a supplement thereto for the additional protection of OWNER. 05/2007 00700-B 1 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT SIGNED and EXECUTED this, the_day of , 20 ` • CONTRACTOR: By: Signature Print Name: Title: [If CONTRACTOR is a proprietorship, owner must sign; if a partnership, each general partner must sign; if a corporation, the following language should be used.] SIGNED and EXECUTED this, the day of 20_by , a Texas corporation, under authority ;r granted to the undersigned by said corporation as contained in the Charter, By-Laws or Minutes of a meeting of said corporation regularly called and held. CONTRACTOR: By: President ATTEST: Corporate Secretary (Corporate Seal) [This form is for use by either a proprietorship or a partnership. In the event CONTRACTOR is a partnership or a joint proprietorship, additional signature lines should be added for each individual.] 05/2007 00700-B2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared the person or persons whose name(s) are subscribed to the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, who each, after being by me duly sworn, on their oaths deposed and said: I (We) am (are) the person(s) who signed and executed the above and foregoing Agreement for Final Payment and Contractor's Sworn-Release, and I (.we) have read the facts and statements as therein set out and the representations as made therein, and I(we) state that the above and foregoing are true and correct. CONTRACTOR- Affiant - SWORN TO AND SUBSCRIBED TO before me, the day of 20_. Notary Public, State of Texas My Commission Expires: [This form is for use in the event CONTRACTOR is a corporation.] 07/2006 00700-B3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared the persons who signed and executed the above and foregoing Agreement for Final Payment mid Contractor's Sworn Release, whose names are set out above, who each, after being by me duly sworn, on their oaths deposed and said: We each are the persons whose names are subscribed above, and hold respectively the offices in the corporation as set out above, and each state under oath that we have the authority to execute this Agreement for Final Payment and Contractor's Sworn Release for and on behalf of said corporation, pursuant to authority granted to us in the Charter of said corporation, the By-Laws of said corporation and/or the Minutes of said corporation; and the facts, statements and representations as set out in the instrument to which this Affidavit is attached, are true and correct. SWORN TO AND SUBSCRIBED TO before me this, the day of 20 Notary Public, State of Texas My Commission Expires: 07/2006 00700-B4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 3 TO GENERAL CONDITIONS OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR 1. Definitions. For purposes of this Agreement: 1.1 Owner Parties. "Owner Parties" means (a) the City of Pearland, its successors and assigns, and the Engineer, (b) any officers, employees, or agents of such persons or entities, and (c) others as required by the Contract Documents, if any. 1.2 Contractor. "Contractor" shall mean the vendor providing the service or work to be performed under this Agreement. 1.3 Subcontractor. "Subcontractor" shall include subcontractors of any tier. 1.4 ISO. "ISO" means Insurance Services Office. 2. Contractor Insurance Representations to Owner Parties 2.1 It is expressly understood and agreed that the insurance coverages required herein: 2.1.1 represent Owner Parties' minimum requirements and are not to be construed to void or limit the Contractor's indemnity obligations as contained in this Agreement nor represent in any manner a determination of the insurance coverages the Contractor should or should not maintain for its own protection; and 2.1.2 are being, or have .been, obtained by the Contractor in support of the Contractor's liability and indemnity obligations under this Agreement. Neither the requirements as to insurance to be carried as provided for herein, the insolvency, bankruptcy or failure of any insurance company carrying insurance of the Contractor, nor the failure of any insurance company to pay claims accruing, shall be held to affect, negate or waive any of the provisions of this Agreement. 2.2 Failure to obtain and maintain the required insurance shall constitute a material breach of, and default under, this Agreement. If the Contractor shall fail to remedy such breach within five (5) business days after notice by the Owner, the Contractor will be liable for any and all costs, liabilities, damages and penalties resulting to the Owner Parties from such breach, unless a:written waiver of the specific insurance requirement(s) is provided to the Contractor by the Owner. In the event of any failure by the Contractor to comply with the provisions of this Agreement, the Owner may, without in any way compromising or waiving any right or remedy at law or in equity, on notice to the Contractor, purchase such insurance, at the Contractor's expense, provided that the Owner shall have no obligation to do so and if the Owner shall do so, the Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. 10-2012 00700-Cl CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3. Conditions Affecting All Insurance Required Herein ' 3.1 Cost of Insurance. All insurance coverage shall be provided at the Contractor's sole expense. 3.2 Status and Rating of Insurance Company. All insurance coverage shall be written through insurance companies authorized to do business in the state in which the work is to be performed and rated no less than A-: VII in the most current edition of A. M. Best's Key Rating Guide. 3.3 Restrictive, Limiting, or Exclusionary Endorsements. All insurance coverage shall be provided to the Owner Parties in compliance with the requirements herein and shall contain no endorsements that restrict, limit, or exclude coverage required herein in any manner without the prior express written approval of the Owner. 3.4 Limits of Liability. The limits of liability may be provided by a single policy of insurance or by a combination of primary and umbrella policies, but in no event shall the total limits of liability available for any one occurrence or accident be less than the amount required herein. 3.5 Notice of Cancellation, Nonrenewal, or Material Reduction in Coverage. All insurance coverage shall contain the following express provision: In the event of cancellation, non-renewal, or material reduction in coverage affecting the certificate holder, thirty (30) days prior written notice shall be given to the certificate holder by certified mail or registered mail, return receipt requested. 3.6 Waiver of Subrogation. The Contractor hereby agrees to waive its rights of recovery from the Owner Parties with regard to all causes of property and/or liability loss and shall cause a waiver of subrogation endorsement to be provided in favor of the Owner Parties on all insurance coverage carried by the Contractor, whether required herein or not. 3.7 Deductible/Retention. Except as otherwise specified herein, no insurance required herein shall contain a deductible or self-insured retention in excess of $25,000 without prior written approval of the Owner. All deductibles and/or retentions shall be paid by, assumed by, for the account of, and at the Contractor's sole risk. The Contractor shall not be reimbursed for same. 4. Maintenance of Insurance. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required: 10-2012 00700-C2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.1 Commercial General Liability Insurance 4.1.1 Coverage. Such insurance shall cover liability arising out of all locations and operations of the Contractor, including but not limited to liability assumed under this contract (including the tort liability of another assumed in a business contract). Defense shall be provided as an additional benefit and not included within the limit of liability. 4.1.2 Form. Commercial General Liability Occurrence form (at least as broad as an unmodified ISO CG 0001 0798 or its equivalent). 4.1.3 Amount of Insurance. Coverage shall be provided with limits of not less than: Each Occurrence Limit $1,000,000 General Aggregate Limit $2,000,000 Product-Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 4.1.4 Required Endorsements a. Additional Insured. Additional insured status shall be provided in favor of the Owner Parties on any of the following: i. ISO form CG 20 10 11 85; or ii. ISO form CG 20 26 11 85; or iii. a combination of ISO forms CG 20 33 10 01 and CG 20 37 10 01; or iv. any form providing equivalent_protection to Owner. b. Designated Construction Project(s) Aggregate Limit. The aggregate limit shall apply separately to this Agreement through use of an ISO CG 25 03 03 97 endorsement or its equivalent. c. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. d. Personal Injury Liability: The personal injury contractual liability exclusion shall be deleted. e. Primary and Non-Contributing Liability. It is the intent of the parties to this Agreement that all insurance required herein shall be primary to all insurance available to the Owner Parties. The obligations of the Contractor's insurance shall not be affected by any other insurance available to the Owner Parties and shall seek no contribution from the Owner Parties' insurance, whether primary, excess contingent, or on any other basis. The Contractor's insurance coverage shall be endorsed to provide such primary and non- contributing liability. f. Waiver of Subrogation,as required in 3.6, above. 10-2012 00700-C3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.1.5 Continuing Commercial General Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount, including .'°'"`) required endorsements, for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to Owner stating Work completion date. 4.2 Auto Liability Insurance 4.2.1 Coverage. Such insurance shall cover liability arising out of any auto (including owned, hired, and non-owned). 4.2.2 Form. Business Auto form (at least as broad as an unmodified ISO CA 0001 or its equivalent). 4.2.3 Amount of Insurance. Coverage shall be provided with a limit of not less than$1,000,000. 4.2.4 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. 4.3 Employer's Liability Insurance 4.3.1 Coverage. Employer's Liability Insurance shall be provided as follows: 4.3.2 Amount of Insurance. Coverage shall be provided with a limit of not less than: Employer's Liability: $1,000,000 each accident and each disease. 4.3.3 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. 4.4 Umbrella Liability Insurance 4.4.1 Coverage. Such insurance shall be excess over and be no less broad than all coverages described above and shall include a drop-down provision for exhaustion of underlying limits. 4.4.2 Form. This policy shall have the same inception and expiration dates as the commercial general liability insurance required above. 10-2012 00700-C4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.4.3 Amount of Insurance. Coverage shall be provided with a limit of not less than$5,000,000. 4.4.4 Continuing Umbrella Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.5 Professional Liability Insurance 4.5.1 Coverage. The Contractor shall provide professional liability insurance for any professional design or engineering drawing required by the work. Such insurance shall indemnify the Owner from claims arising from the negligent performance of professional services of any type, including but not limited to design or design/build services as part of the Work to be performed. 4.5.2 Form. This insurance shall include prior acts coverage sufficient to cover all services rendered by the Contractor and by its consultants under this Agreement. It is recognized that this coverage may be provided on a Claims-Made basis. 4.5.3 Amount of Insurance. Coverage shall be provided with a limit of not less than$1,000,000. 4.5.4 Continuing Professional Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.6 Builder's Risk 4.6.1 Insureds. Insureds shall include: a. Owner, General Contactor and all Loss Payees and Mortgagees as Named Insureds; and b. subcontractors of all tiers in the Work as Additional Insureds. 10-2012 00700-C5 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.2 Covered Property. Such insurance shall cover: a. all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes and wiring, excavations, grading, backfilling or filling; b. all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) located at the site; c. all property including materials and supplies on site for installation; d. all property including materials and supplies at other locations but intended for use at the site; e. all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and f. other Work at the site identified in the Agreement to which this Exhibit is attached. Form a. Coverage shall be at least as broad as an unmodified ISO Special form, shall be provided on a completed-value basis, and shall be primary to any other coverage insurance available to the insured parties, with that other insurance being excess, secondary and non- contributing. b. No protective safeguard warranty shall be permitted. c. Required coverage shall further include: i. Additional expenses due to delay in $ TBD completion of project(where applicable) ii. Agreed value Included without sublimit iii. Damage arising from error, omission or Included without sublimit deficiency in construction methods, design, specifications, workmanship or materials, including collapse iv. Debris removal additional limit 25% of direct damage loss v. Earthquake (where applicable) $ TBD vi. Earthquake sprinkler leakage (where $ TBD applicable) vii. Expediting expenses $ TBD viii. Flood (where applicable) $ TBD ix. Freezing Included without sublimit x. Mechanical breakdown, including hot& Included without sublimit cold testing (where applicable) xi. Notice of cancellation, non-renewal or Included 10-2012 00700-C6 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT material reduction—60 days prior written notice to each insured xii. Occupancy clause, as required in F, Included below Ordinance or law Included without sublimit xiv. Pollutant clean-up and removal $ TBD xv. Preservation of property Included without sublimit xvi. Replacement cost Included xvii. Theft Included without sublimit xviii. Waiver of subrogation as required in G, Included below. 4.6.3 Amount of Insurance. Coverage shall be provided in an amount equal at all times to the full replacement value and cost of debris removal for any single occurrence. 4.6.4 Deductibles. Deductibles shall not exceed the following: a. All Risks of Direct Damage, Per $5,000 Occurrence, except b. Delayed Opening Waiting Period 5 Days c. Flood, Per Occurrence $25,000 or excess of NFIP if in Flood Zone A, rb's'' B or V d. Earthquake and Earthquake Sprinkler $25,000 Leakage, Per Occurrence 4.6.5 Termination of Coverage. The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed so long as such occupancy does not exceed 20% of the usable area of the property. This insurance shall be maintained in effect, unless otherwise provided for in the Contract Documents, until the earliest of the following dates: a. the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; b. the date on which final payment, as provided for in the Agreement to which this Exhibit is attached, has been made; or c. the date on which the insurable interests in the Covered Property of all insureds other than Contractor have ceased. 10-2012 00700-C7 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.6 Waiver of Subrogation. The waiver of subrogation provision shall be endorsed as follows: a. A waiver of subrogation shall be provided in favor of all insureds. b. The waiver of subrogation provisions shall be endorsed as follows: Should a covered loss be subrogated, either in whole or in part, your rights to any recovery will come first, and we will be entitled to a recovery only after you have been fully compensated for the loss. 5. Intentionally left blank. 6. Evidence of Insurance 6.1 Provision of Evidence. Evidence of the insurance coverage required to be maintained by the Contractor, represented by certificates of insurance, evidence of insurance, and endorsements issued by the insurance company or its legal agent, and must be furnished to the Owner prior to commencement of Work and not later than fifteen (15) days after receipt of this Agreement. New certificates of insurance, evidence of insurance, and endorsements shall be provided to the Owner prior to the termination date of the current certificates of insurance, evidence of insurance, and endorsements. 6.2 Form 6.2.1 All property insurance required herein shall be evidenced by ACORD form 28, "Evidence of Property Insurance". 6.2.2 All liability insurance required herein shall be evidenced by ACORD form 25, "Certificate of Insurance". 6.3 Specifications. Such certificates of insurance, evidence of insurance, and endorsements shall specify: 6.3.1 The Owner as a certificate holder with correct mailing address. 6.3.2 Insured's name, which must match that on this Agreement. 6.3.3 Insurance companies affording each coverage, policy number of each coverage, policy dates of each coverage, all coverages and limits described herein, and signature of authorized representative of insurance company. 6.3.4 Producer of the certificate with correct address and phone number listed. 6.3.5 Additional insured status required herein. 6.3.6 Amount of any deductibles and/or retentions. 6.3.7 Cancellation, non-renewal and material reduction in coverage notification as required by this Agreement. Additionally, the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon Company, it agents or representatives" shall be deleted from the cancellation provision of the ACORD 25 certificate of insurance form. 10-2012 00700-C8 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.3.8 Designated Construction Project Aggregate Limits required herein. 6.3.9 Personal Injury contractual liability required herein. 6.3.10 Primary and non-contributing status required herein. 6.3.11 Waivers of subrogation-required herein. 6.4 Required Endorsements. A copy of each of the required endorsements shall also be provided. 6.5 Failure to Obtain. Failure of any Owner Party to demand such certificate or other evidence of full compliance with these insurance requirements or failure of any Owner Party to identify a deficiency from evidence that is provided shall not be construed as a waiver of the Contractor's obligation to maintain such insurance. 6.6 Certified Copies. Upon request of any Owner Party, the Contractor shall provide to the Owner a certified copy of all insurance policies required herein within ten (10) days of any such request. Renewal policies, if necessary, shall be delivered to the Owner prior to the expiration of the previous policy. 6.7 Commencement of Work. Commencement of Work without provision of the required certificate of insurance, evidence of insurance and/or required endorsements, or without compliance with any other provision of this Agreement, shall not constitute a waiver by any Owner Party of any rights. The Owner shall have the right, but not the obligation, of prohibiting the Contractor or any (lib) subcontractor from performing any Work until such certificate of insurance, evidence of insurance and/or required endorsements are received and approved by the Owner. 7. Insurance Requirements of Contractor's Subcontractors 7.1 Insurance similar to that required of the Contractor shall be provided by all subcontractors (or provided by the Contractor on behalf of subcontractors) to cover operations performed under any subcontract agreement. The Contractor shall be held responsible for any modification in these insurance requirements as they apply to subcontractors. The Contractor shall maintain certificates of insurance from all subcontractors containing provisions similar to those listed herein (modified to recognize that the certificate is from subcontractor) enumerating, among other things, the waivers of subrogation, additional insured status, and primary liability as required herein, and make them available to the Owner upon request. 7.2 The Contractor is fully responsible for loss and damage to its property on the site, including tools and equipment, and shall take necessary precautions to prevent damage to or vandalism, theft, burglary, pilferage and unexplained disappearance of property. Any insurance covering the Contractor's or its subcontractor's property shall be the Contractor's and its subcontractor's sole and complete means or recovery for any such loss. To the extent any loss is not covered by said insurance or subject to any deductible or co-insurance, the Contractor shall not be reimbursed for same. Should the Contractor or its subcontractors choose to self insure this risk, it is expressly agreed that the Contractor hereby waives, and shall cause its 10-2012 00700-C9 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT subcontractors to waive, any claim for damage or loss to said property in favor of the Owner Parties. 8. Use of the Owner's Equipment. The Contractor, its agents, employees, subcontractors or suppliers shall use the Owner's equipment only with express written permission of the Owner's designated representative and in accordance with the Owner's terms and condition for such use. If the Contractor or any of its agents, employees, subcontractors or suppliers utilize any of the Owner's equipment for any purpose, including machinery, tools, scaffolding, hoists, lifts or similar items owned, leased or under the control of the Owner, the Contractor shall defend, indemnify and be liable to the Owner Parties for any and all loss or damage which may arise from such use. 9. Release and Waiver. The Contractor hereby releases, and shall cause its subcontractors to release, the Owner Parties from any and all claims or causes of action whatsoever which the Contractor and/or its subcontractors might otherwise now or hereafter possess resulting in or from or in any way connected with any loss covered by insurance, whether required herein or not, or which should have been covered by insurance required herein, including the deductible and/or uninsured portion thereof, maintained and/or required to be maintained by the Contractor and/or its subcontractors pursuant to this Agreement. 10-2012 00700-C10 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT Section 00800 SPECIAL CONDITIONS OF AGREEMENT The following Special Conditions modify the General Conditions, Document 00700. Where a portion of the General Conditions is modified or deleted by these Special Conditions, the unaltered portions of the General Conditions shall remain in effect. ARTICLE 1 DEFINITIONS AND INTERPRETATIONS 1.01 Add the following paragraph to the end of Article 1.01: The OWNER'S representative on the project site is: Andrea Brinkley telephone: 281. 652. 1797 The CONSTRUCTION MANAGER is: N/A telephone: N/A The CONSTRUCTION INSPECTOR is: Jaime Dino telephone: To be Provided ARTICLE 4 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4.05 Add the following paragraph to Article 4.05: A Maintenance Bond in accordance with Document 00612 of the Project Manual is required for this Project. The cost of this bond shall be included in the CONTRACTOR'S Bid Proposal. Attachment No. 3 To General Conditions, Owner's Insurance Requirements of Contractor, Article 4.6 Builder's Risk—Builder's Risk Insurance is Required for this project. ARTICLE 5 PROSECUTION AND PROGRESS 5.08 Add Article 5.08: The Contract Time as defined in the bid and other sections of the Contract Documents includes a certain number of rain days. Based on the Alvin Weather Center Records, the average annual rain days from June 1898 to December 1996 is 40 days calculated from all precipitation days of record. The CONTRACTOR is required to keep a record of rain days at the site. The record of rain days must be accepted and signed by the City Inspector monthly, and shall be reported on the monthly pay estimate submittal. At the end of the contract, the CONTRACTOR will be credited only for the number of accepted rain days that exceed 40 rain days per year, proportionate to the original Contract Time. General Notes: Sections 00100 Invitation to Bidders, 00200 Instructions to Bidders and 01505 Mobilization all make reference to provision by the CONTRACTOR of a laptop computer for use by the OWNER'S representative or CONSTRUCTION MANAGER. BIDDER is Not Required to 2-24-12 00800- 1 of 2 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT provide this equipment or include this cost in the Bid. See Section 13730 for full details regarding this computer equipment. Section 01500 Temporary Facilities requires CONTRACTOR to provide high speed internet access in the Field Office. BIDDER is Required to provide either a Field Office or any internet access for this project. All other requirements remain and will be required per the section. It is the responsibility of the Contractor to coordinate with the Owner for all Traffic Control Documents. Contractor to coordinate with the Owner for procurement of Traffic Control Documents prior to permitting. Contractor is to keep a minimum of one lane open at all times,in both directions. No lane closures to extend beyond the defined work day. Contractor Will be required to provide an on-site construction office for the duration of this project. END OF SECTION ".116I 2-24-12 00800-2 of 2 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Section 00811 WAGE SCALE FOR ENGINEERING CONSTRUCTION 1.01 In accordance with the Prevailing Wage law on Public Works (Article 2258 of the Texas Government Code), the public body awarding the contract does hereby specify the rates shown in Table 00811-A following to be the general prevailing rates in the locality in which the work is being performed. 1.02 This prevailing wage rate does not prohibit the payment of more than the rates stated. 1.03 The wage scale for engineering construction is to be applied to all site work greater than five (5) feet from an exterior wall of new building under construction or from an exterior wall of an existing building. (Attach the current wage rates. Number the pages 00811-2, 00811-3, etc.) rb) 10-2012 00811 - 1 of 1 General Decision Number:TX130043 07/26/2013 TX43 Superseded General Decision Number:TX20120043 State:Texas Construction Type: Building County: Brazoria County in Texas. BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories). Modification Number Publication Date 0 01/04/2013 1 03/29/2013 2 04/12/2013 3 05/17/2013 4 07/26/2013 ASBE0022-001 02/02/2011 Rates Fringes Insulator/asbestos worker(includes application of all insulating materials, protective coverings, coatings and finishing to all types of mechanical systems) $ 20.27 8.92 BOI L0132-00101/01/2013 East of Oyster Creek only. The Part of Brazoria County lying West of Oyster Creek is within the Jurisdiction of Local 74 Rates Fringes BOILERMAKER $ 22.71 20.63 East of Oyster Creek only. The Part of Brazoria County lying West of Oyster Creek is within the Jurisdiction of Local 74.... $ 23.47 13.67 00811-2 * CARP0551-002 04/01/2013 C"‘\' Rates Fringes Carpenter(including Acoustical Ceiling Work) $ 21.23 .7.87 E LEV0031-00101/01/2013 Rates Fringes ELEVATOR MECHANIC $ 37.545 25.185+a FOOTNOTES:A. 6% under 5 years based on regular hourly rate for all hours worked. 8%over 5 years based on regular hourly rate for all hours worked. New Year's Day; Memorial Day; Independence Day; Labor Day;Thanksgiving Day; Friday after Thanksgiving Day; Christmas Day; and Veterans Day. ("n‘\' PLAS0681-002 04/01/2005 Rates Fringes PLASTERER Galveston County $ 20.15 3.20 P LU M0068-005 10/01/2012 Rates Fringes Plumbers (Excluding HVAC Pipe)...$ 30.29 9.50 P LU M0211-003 10/01/2012 Rates Fringes Pipefitter including HVAC pipe...$ 29.63 10.16 00811-3 * SFTX0669-001 07/01/2013 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) $ 26.36 16.62 SHEE0054-009 07/01/2011 Rates Fringes Sheet Metal (including HVAC Duct,System Installation) $ 25.37 7.99 SUTX2005-013 04/28/2005 Rates Fringes Asbestos Abatement Worker(Ceilings, Floors, &Walls) $ 14.00 0.00 BRICKLAYER $ 18.00 0.00 CEMENT MASON/CONCRETE FINISHER...$ 12.76 0.00 �... DRYWALL FINISHER/TAPER $ 12.21 0.92 Drywall Hanger(Including Metal Stud Install) $ 12.49 1.38 ELECTRICIAN (Including Pulling Wire and Low Voltage Wiring and Installation of Fire Alarms,Security Systems,Telephone and Computers) $ 17.55 2.91 Formbuilder/Formsetter $ 11.66 0.00 GLAZIER $ 14.55 2.46 INSULATOR-BATT AND FOAM $ 11.00 0.00 IRONWORKER, REINFORCING $ 12.02 0.00 IRONWORKER,STRUCTURAL $ 13.75 0.00 Laborers: Common $ 10.26 0.00 Mason Tender(Brick) $ 10.27 0.00 Mason Tender(Cement) $ 9.88 0.00 00811-4 Pipelayer $ 12.00 0.00 ("ft.\ Plasterer Tender $ 12.90 2.51 LATHER $ 16.90 3.61 ' Painter- Brush, Roller& Spray $ 11.14 0.00 POWER EQUIPMENT OPERATOR: Asphalt Paver $ 13.50 0.25 Backhoe $ 12.50 0.00 Crane $ 19.00 0.00 Forklift $ 14.53 0.00 Slab &Wall Saw $ 15.54 3.83 ROOFER $ 11.38 0.00 TILE FINISHER $ 11.86 0.53 TILE SETTER $ 15.71 1.01- TRUCK DRIVER 10.75 1.47 WELDERS-Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of"identifiers"that indicate whether the particular rate is union or non-union. Union Identifiers 00811-5 An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters, PLUM, indicate the international union and the four-digit number, 0198,that follows indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number,005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011,following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999:weighted union wage rates will be published annually each January. Non-Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however,the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010.SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter?This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial 00811-6 contact is not satisfactory,then the process described in 2.)and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes,then an interested party(those affected by the action) can request review and reconsideration from the Wage and Hour Administrator(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. (51"\, Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description,area practice material, etc.)that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable,an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.)All decisions by the Administrative Review Board are final. END OF GENERAL DECISION C 00811-7 General Decision Number:TX130044 07/26/2013 TX44 Superseded General Decision Number:TX20120044 State:Texas Construction Type: Heavy County: Brazoria County in Texas. HEAVY CONSTRUCTION PROJECTS (Including Water and Sewer Lines (Does Not Include Flood Control) Modification Number Publication Date 0 01/04/2013 1 03/29/2013 2 07/26/2013 * SFTX0669-001 07/01/2013 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) $ 26.36 16.62 SUTX2005-018 05/18/2005 Rates Fringes Carpenter $ 14.38 0.00 CEMENT MASON/CONCRETE FINISHER...$ 11.37 1.13 ELECTRICIAN $ 18.40 1.34 Formbuilder/Formsetter $ 9.83 1.69 IRONWORKER, REINFORCING $ 11.29 0.00 Laborers: Common $ 8.99 1.25 Landscape $ 7.35 0.00 Mason Tender Cement $ 9.96 0.00 00811-8 Pipelayer $ 9.63- 1.50 PIPEFITTER $ 17.00 0.04 POWER EQUIPMENT OPERATOR: Backhoe $ 12.74 0.00 Bulldozer $ 12.46 0.00 Crane $ 11.00 0.74 Excavator $ 16.74 0.00 Front End Loader $ 10.47 1.28 Grader $ 12.20 1.48 Tractor $ 11.29 1.45 TRUCK DRIVER $ 14.42 1.00 WELDERS- Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses(29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of"identifiers"that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005. 07/01/2011. The first four letters, PLUM, indicate the international union and the four-digit number, 0198,that follows indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number,005 in the example; is an internal number used in processing the wage determination. 00811-9 The date, 07/01/2011,following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999:weighted union wage rates will be published annually each January. Non-Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however,the data used in computing these rates may include both union and non-union data. Example: SULA2004-007 5/13/2010.SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter?This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory,then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 00811-10 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes,then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator(See 29 CFR Part 1.8 and 29 CFR Part 7).Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description,area practice material,etc.)that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.)All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 00811-11 CITY OF PEARLAND ADDENDUM Section 00901 ADDENDUM NO. 1 Date: 09-09-2013 • PROJECT: Max Road Sports Complex Phase I tau BID NO.: 0813-79 �"f OF T� S _....�,-i_ BID DATE: 2:00 PM Tuesday, September 17, 2013 E* %" LORI K.BENDER FROM: Lori K. Bender, P.E. 101933 : Project Engineer fp t. Jacobs Engineering Group, Inc. °.N� ��CENSEC 416, � 5995 Rogerdale Road hits sioNALE14 Houston, Texas 77072 F-2966 //cfi//3 To: Prospective Bidders and Interested Parties This addendum forms a part of the bidding documents and will be incorporated into the Contract CDocuments, as applicable. Insofar as the original Contract Documents, Specifications, and , Drawings are inconsistent, this Addendum shall govern. Please acknowledge receipt of this Addendum on the Bid Proposal form, Section 00300 submitted to the City of Pearland. FAILURE TO ACKNOWLEDGE RECEIPT OF ADDENDA ON THE BID PROPOSAL FORM MAY BE CAUSE FOR DISQUALIFICATION. CONTRACT DOCUMENTS: Remove and Replace Section 00100 Invitation to Bid with the attached Section 00100 Invitation to Bid. Clarification on the time of the Mandatory Pre-Bid is 9:00 a.m. on Tuesday September 10, 2013. SPECIFICATIONS: N/A CONSTRUCTION DRAWINGS: N/A END OF ADDENDUM NO. 1 Lori K. Bender, P.E. Project Engineer 2-22-12 00901 - 1 of 1 CITY OF PEARLAND ADDENDUM Section 00902 ADDENDUM NO. 2 Date: 09-11-2013 v3113)1°11111 PROJECT: Max Road Sports Complex Phase I oF BID NO.: 0813-79 * * * Is NM LORi K BENDER BID DATE: 2:00 PM Tuesday, September 24, 2013 ss•sole****e se*si..... 000000 eses ST% ° FROM: Lori K. Bender, P.E. • Nsso 47es NG% /ONALe Project Engineer Jacobs Engineering Group, Inc. 5995 Rogcrdale Road Houston, Texas 77072 / F-2966 To: Prospective Bidders and Interested Parties This addendum forms a part of the bidding documents and will be incorporated into the Contract Documents, as applicable. Insofar as the original Contract Documents, Specifications, and Drawings are inconsistent, this Addendum shall govern. Please acknowledge receipt of this Addendum on the Bid Proposal form, Section 00300 submitted to the City of Pearland. FAILURE TO ACKNOWLEDGE D CEIPT OF ADDENDA ON THE BID PROPOSAL FORM MAY BE CAUSE FOR DISQUALIFICATION. CONTRACT DOCUMENTS: 1. MANDATORY PRE-BID; An additional pre-bid has been scheduled for 2 PM on Thursday September 12, 2013. If a contractor was present and signed in to the 9 AM September 10 Pre-Bid Meeting, their attendance is not mandatory for September 12. To be eligible to bid this project a Contractor or his representative, must attend and be signed in to one of the two official Pre-Bid meetings. 2. The Bid Date has been moved from 2 PM on September 17, 2013 to 2 PM on September 24, 2013. 3. All questions are to be submitted in writing by the close of business on Thursday September 19, 2013. 4. Table of Contents Reissued; See attached 2-22-12 00902- 1 of2 CITY OF PEARLAND ADDENDUM SPECIFICATIONS: 1. Reissue Section 02922 S Sodding; See Attached. 2, Add the attached Manufacturer's Specification for MUSCO Green Generation Lighting to appendix. CONSTRUCTION DRAWINGS. 1. N/A • PRE-BID QUESTIONS 1, Is there a cost for the permits? No, there is no cost for Permits for this City project. However, all permits must be obtained and inspections performed. 2. Do contractors need to register as a supplier to place a bid? Yes. Register on the City's E-bid system, per the instructions provided on the Pre-Bid Agenda. 3. Is Sunday work allowed? Weekend work is allowed with prior authorization. Staff inspection rates for overtime apply and shall be charged to the Contractor. These rates are between $44 and $52 per C hour for weekend inspections of the work. 4. Are all field drains installed? Field drains are installed. Storm drains in the peninsula are not installed and are part of the work for this project. Notes that the field drains are to be adjusted to final grade as part of item 1.05 Bring in Top Soil for Complex. 5. Is there an anticipated start date for the project? The anticipated Council award date is mid-October, with a Notice to Proceed issued within 10 days. 6. Is there a date for sod to be installed and is maintenance of the sod incidental to the work? The maintenance of the sod, including mowing is incidental to the work. Clarification has been added regarding length of time the sod must be installed prior to substantial completion, see the above changes to Section 02922 Sodding. END OF ADDENDUM NO. 2 Lori K. Bender, P.E. Project Engineer C 2-22-12 00902 -2 of 2 CITY OF PEARLAND ADDENDUM Section 00903 ADDENDUM NO. 3 Date: 09-17-2013 PROJECT: Max Road Sports Complex Phase I F F BID NO.: 0813-79 BID DATE: 2:00 PM Tuesday, September 24, 2013 0 LORI K.BENDER 101933e. FROM: Lori K. Bender, P.E. o�O� iceNs�o ''C Project Engineer • ,0�sioNAt.v- Jacobs Engineering Group, Inc. 5995 Rogerdale Road Houston, Texas 77072 q/r? 1 i 3 F-2966 To: Prospective Bidders and Interested Parties This addendum forms a part of the bidding documents and will be incorporated into the Contract Documents, as applicable. Insofar as the original Contract Documents, Specifications, and Drawings are inconsistent, this Addendum shall govern. Please acknowledge receipt of this Addendum on the Bid Proposal form, Section 00300 submitted to the City of Pearland. FAILURE TO ACKNOWLEDGE RECEIPT OF ADDENDA ON THE BID PROPOSAL FORM MAYBE CAUSE FOR DISQUALIFICATION. CONTRACT DOCUMENTS: 1. The sign in sheets from the Mandatory Pre-Bid Meetings are attached. a. 9 AM September 10, 2013 b. 2 PM September 12, 2013 SPECIFICATIONS: 1. N/A. CONSTRUCTION DRAWINGS: 1. Sheet A202, Key Note 6, the model number shall be changed from 652 to 620. This change shall be incorporated into the plan set when the drawings are issued for construction. 2-22-12 00903- 1 of 2 CITY OF PEARLAND ADDENDUM CLARIFICATIONS 1. Bid Item 1.43 "Entry Sign" — Do we include the 2 light fixtures and wiring in this bid(` ' Item? Yes. 2. Are there any other allowances other than water meter and vault? No. 3. Bid Items 1.24 and 1.25 —Pedestrian and parking lots lights are both fed from Panel HL at the electrical. Should panel HL be included in bid item 1.24, 1.25, or 1.33? Include in 1.24. 4. Bid Item 1.36 "Flagpoles" — are the 2 light fixtures and wiring to be included in this line item? Yes. 5. Bid Item 1.25 "Pedestrian LED Lighting" Do we include Transformer "TLT", panel LF and the light Pole mounted receptacles in this line item? Yes. 6. Detail B-B on C101 shows a top of concrete elevation of 53.0. What are the existing elevations in the area? The elevations range from 52.6 to 53.3 and the area averages to 53.0. , :4141) 7. What are the finished floor elevations for the restroom and concession buildings? The finished floor elevations are 54.0 refer to sheet C104. Coordination is required with the plumbing plans for the floor slopes to the floor drains. 8. Section 7.0 of the soils report discussed drilled pier footings to support the light poles. This same section provides minimum penetration depths for 12", 18" and 24" shafts. a. It is not clear if these footings are to be used for the parking lot lights, pedestrian lights, sports lighting or all 3. Section 7 refers to the field lights, all other light poles are part of section 5.3 b. If piers are required for the sports lighting will this be MUSCO's responsibility or the GC's? If the. General Contractor is awarded the MUSCO lights (Item 3.03) then the responsibility for the bid item and all associated work is that of the General Contractor; any work done by a sub-contractor is the responsibility of the General Contractor. If the General Contractor is not awarded Item 3.03, the piers for the field lights shall not be the responsibility of the General Contractor. END OF ADDENDUM NO. 3 Lori K. Bender, P.E. .61 Project Engineer t 2-22-12 00903-2 of 2 , '': .- . --) 1--) 7-). Mandatory Pre-Bid Meeting .1/ . :A Max Road Sports Complex Phase . :. \D , Sign-In Sheet " ,; September 10, 2013 @ 9:00 a.m. Council Chambers Name(Print) Initial Company Phone Number Email Andrea Brinkley COP 281-652-1797 abrinkley@ci.pearland.tx.us Trent Epperson COP 281-652-1657 tpperson@ci.pearland.tx.us Skipper Jones COP . 281-652-1748 sjones@ci.pearland.tx.us Eric Wilson COP 281-652-1904 ewilson@ci.pearland.tx.us Raj Shrestha COP 281-652-1649 rhrestha@ci.pearland.tx.us Vernon Webb Jacobs 832-351-6000 vernon.webb@jacobs.com Kathy Bender Jacobs 281-983-2341 kathy.bender@jacobs.com John Thoreen Jacobs 281-776-2545 john.thoreen@jacobs.com Chris Orelea COP 281-652-1908 corlea@ci.pearland.tx.us Roz Epting COP 281-412-8926 repting@ci.pearland.tx.us Doug Talbott COP 713-775-4056 dtalbott@ci.pearland.tx.us Jaime Dino COP 713-775-0009 jdino@ci.pearland.tx.us 7.-it!RA F.-A-6 A-M . COtoc .2I/- Log ,),3 + rc.f o)c omtce rp M ,..... cry ,„0,4:,ko Laski T C.,CT. P, - 41-23oc tg ro 2- G'®n )ez. rc toy. co}m riCrtto ( ,it2.aR. •a 3g-0: -23c Or nao 41f‘�-vnZt \eZ (-top • cC vyN 1 cvitt 6-006 MAt3c "")1 3 - r32-jgoo Kevin, . fi►C�a e, i'v6tt s co , �,E+FP'1 Constru,,tm„tbs 1 of 1 DS. R,i<<d 9/08 Name (Print) Ini ' I Company Phone Number Email t�i On \--)ft Iv itriti‘r-FZI(k)plirc<57_, zS)-2 6,1- 50617 L.- lima a,r a-) Li' et),-)- ,i '- &) S �;z -P ` G v`` °-"NA . -2i o t�G ' 5 P (� �41# Gvc�s+ n,�,_, Mar( ei4,z �.,1 f ram Leh-ir ,� `7,7-6 ' o �`.?77 4.1 ,bri11-z j},sk, e,,c (-cc©gol co rp,6oAN. �zt,t 51- aty(=�a/;) `of .i 0 7i 3 -I6s`- & QC 1: i m 4 7J P. Tao (,i, &.iirel ---1 i I)-11Nvl AcL Ys 26 i .ti`' 7. Zb -6 ,I-Ls-4-1,10) c v,-, ,),:. 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CO A'left M r1-4 G( -rpo coot 97/ • qo 2..39?o R M,t- Construction 2 of l D5.Revised 9/08 ,-....) .---) '� - - '----) .7) /---) Mandatory Pre-Bid Meeting `,°i ' _ri= ',�A Max Road Sports Complex Phase E" ks. AN D, Si• I-In S I - - — Leri.epodao, 1'2. Septembe N 410°1013 @ 2:00 p.m. a. Council Chambers J Name(Print) Initial Company Phone Number Email Andrea Brinkley ab COP 281-652-1797 abrinkley@ci.pearland.tx.us Skipper Jones COP 281-652-1748 sjones@ci.pearland.tx.us Vernon Webb Jacobs 832-351-6000 vernon.webb@jacobs.com John Thoreen Jacobs 281-776-2545 john.thoreen@jacobs.com Eric Wilson COP 281-652-1904 ewilson@ci.pearland.tx.us Raj Shrestha COP 281-652-1649 rshrestha@ci.pearland.tx.us Chris Orelea COP 281-652-1908 corlea@ci.pearland.tx.us Roz Epting COP 281-412-8926 repting@ci.pearland.tx.us Doug Talbott COP 713-775-4056 dtalbott@ci.pearland.tx.us Jaime Dino COP 713-775-0009 jdino@ci.pearland.tx.us. ° &-i GAYS- .9 AD zit 9c( 7%V &,6ioverc 0. 1 t i r 6 rz.c . Cu Or s TL fir. '�i - 4: ,^ Z8( ((1( I ZZL �s -17 k�- �� 'scyt.cc . Lt i"7 he6 f 0014 ,f, thi"-YO — C 7t7 1,rte. 0 /4-7T /1/c fttg A.4,54 6 ,l f-i!!�' -+'r�- f 'f e 66.--G.e.i, ,.4 ,,'a J�"r,...s �C.�X, ....t_A4.�. c...w... Ke1 , % �f.� j j,! 1;h Uac6 �t.C/ usC L� ' .',J3-. 3 2.. - 3-1t c ' x.eylet, , 00CI G• 6 �� usc� . cam, 447111 •ek..S LOD ivi-4 lit Page 1 of 2 0047 �' G(.L7 v,�, �. op,,,, Name(Print)J2f... Initial Company Phone Number Email % ((-1� cL1 ``�.._f t `� '-7k`'5 eS' e g-ag fiLeo_e-� ,C.', T}'--Acl_i,.1p _e/32- .110 41l co Cec&..w r -frt"c-k c..� �c> c-.o •,^ f41c sl't_dR A CL i-9—2-r`� (-7CP - 86- /A S U Le c ' /ioJ , c'0 ,Lv/o L /92(64054e -6gv -3?7 P.,4.7c49 S LJ, as//c *To be included in consultant's meeting minutes Page 2 of 2 CITY OF PEARLAND ADDENDUM Section 00904 ADDENDUM NO.4 Date: 09-20-2013 PROJECT: Max Road Sports Complex Phase I ,� cs 71714444 T� BID NO.: 0813-79 *`';are BID DATE: 2:00 PM Tuesday, September 24,2013 �. . LORI IC BENDER 101933 for FROM: Lori K. Bender, P.E. o, �CENSsof Project Engineer • FBS/oNA Jacobs Engineering Group,Inc, /7)1u17 5995 Rogerdale Road Houston, Texas 77072 ,/tv/�3 F-2966 To: Prospective Bidders and Interested Parties This addendum forms a part of the bidding documents and will be incorporated into the Contract Documents, as applicable. Insofar as the original Contract Documents, Specifications, and Drawings are inconsistent, this Addendum shall govern. Please acknowledge receipt of this Addendum on the Bid Proposal form, Section 00300 submitted to the City of Pearland. FAILURE TO ACKNOWLEDGE RECEIPT OF ADDENDA ON THE BID PROPOSAL FORM MAY BE CAUSE FOR DISQUALIFICATION. CONTRACT DOCUMENTS: 1. Section 00300 Bid Proposal and Bid Form have been re-issued. Remove and Replace in its entirety. SPECIFICATIONS: 1. Section 01100 Summary of Work has been re-issued. Remove and Replace in its entirety. 2. Add Section 02910 S Top Soil Supplemental to the Specifications CONSTRUCTION DRAWINGS: 1. Sheet E002 has been re-issued. Remove and Replace in its entirety. 2._ Sheet E101 has been re-issued. Remove and Replace in its entirety. 2-22-12 • 00904-1 of 4 CITY OF PEARLAND ADDENDUM .3. Sheet L111, Detail A—Model number for waste receptacle shall be PLWR34.54 SPPB P- 2. This change shall be incorporated into the plan set when the drawings are issued for construction. 4. Sheet L209, Legend, see the attached legend changes. This change shall be incorporated into the plan set when the drawings are issued for construction. 5. Sheet L310, Plant Schedule—Quantity of Red Maple shall be 41 and is reflected in the re- issued bid form. This change shall be incorporated into the plan set when the drawings are issued for construction. 6. ' Sheet L310, Grass Notes #1 — Note shall read "Contractor shall provide and install TI F 419 Big Roll Sod for all areas within field clear zone as noted on construction plans. Big Roll sod shall be grown in sand base, Contractor shall submit sod certification for approval by owner's representative prior to installation. The certification shall be from the sod supplier stating that the Sod meets these specifications and plans." This change shall be incorporated into the plan set when the drawings are issued for construction. CLARIFICATIONS: Questions are in bold and answers are italicized. 1. Bid Items 1.3 and 1.4 have a UOM listed as Lump.Sum but a quantity of greater than 1.Do we enter a unit cost per field or a lump stun for all the fields? See the re-issued bid form. 2. Field lights shall be designed to IBC 2009 110mph wind.load. Texas Windstorm ' ` ' - Certification is required. 3. Detail E/ L110 shows a French drain "connecting to storm drain". Where are the connection points. The connection points shall be the nearest existing storm sewer manholes along Hughes Ranch Road. The pipe within 5-feet of the wall and along the wall shall be included in the LF price of the entry wall. A new alternate bid item has been added to the bid form and the summary of work for the 4-inch pipe that extends past the wall. On wall segment shown on sheet L101 west of the secondary entrance shall be piped to the manhole shown on sheet LI01. The segment of wall shown on sheet L101 west of the main entrance shall be piped to the manhole along Hughes Ranch Road shown west of the main entrance. The segment of wall shown on sheet L102 east of the main entrance shall be piped to a storm manhole approximately 150 feet east of the main entrance. See the re-issued bid form-and the re-issued section 01100 Summary of Work. 4. Key Note 4 on E002 — What is the limit of new conduit referred to in this key note? Where is the scoreboard(s)location? The conduit shall extend 20-feet south of the sidewalk The score board is future and in not being installed as part of this project. Conduit shall be capped and terminate in a junction box. 5. Bid Item 1.28 "Centerpoint Transformer Pedestal" — Is this reference to the actual transformer or the 9'x11' pad shown on E/L109? What is the height of the 9'x11' - J pad? . 2-22-12 00904-2 of 4 CITY OF PEARLAND ADDENDUM ,,.. The details for the transformer pad are in the appendices under the Centerpoint Specifications. The price does not include the Centerpoint transformer. The City is coordinating with Centerpoint for the transformer to be set. 6. Alternate Item 3.04—Please provide specification for the soccer goals. The soccer goals shall be Nova Classic Semi-Permanent Soccer Goals and Nets by Jaypro (800) 243-0533; Soccer Goal Model # SGP-730, install per manufacturers recommendations;provide net for each soccer goal, model#SND-8. 7. Bid Item 1.23 "Infrastructure for future lights (Phase 2)(11/2 inch conduit)" —Where is this conduit shown? See re-issued sheet E101. The conduit shall terminate east of the circular concrete shown on C105. Note that the bid quantity and description have been adjusted in the re-issued bid form and summary of work. 8. Conduit shown on detail B=B/C101 appears to be encased in something. Please specify. The duck bank is encased in concrete, see re-issued sheet E002. 9. What is the proposed top of concrete elevations for the sidewalks running around the soccer fields? The concrete sidewalks are to be set at grade with no more than a 2% slope in any direction. The elevation is such to allow the water to drain across the sidewalks on the east-west sidewalks. 10. Please provide a model number for the light poles to be used with the parking lot lights and pedestrian light poles. The pedestrian light poles shall be RSAO OMERO as manufactured by Lithonia. The parking lot lighting shall be round concrete poles. 11. Bid Item 1.29 Main Duct Bank Extension—Bid form shows a quantity of 400 LF, but the drawings scale to 540 LF. See re-issued Bid Form for adjusted quantity. 12. Bid Item 1.29 Main Duct Bank Extension — How many conduits and what size are included in the duct bank? 10x3-1/2" duck bank, see re-issued sheet E002. 13. What bid item is Secondary Service (XFRM to MDP) and Switchboard MDP? A new bid item has been added, see re-issued Bid Form. 14.Alternate Item 3.10 — What is the limits of glass block on the north wall for this alternate? The glass block sections are 16-inch x 6-foot. 15.-Please provide selection or allowance for thin veneer. ,,.. The manufacturers is listed on sheet A301 16. Is a sealer required at exterior masonry walls of restroom and concession? 2-22-12 00904-3 of 4 CITY OF PEARLAND ADDENDUM The sealer is integral to the block specified—Trendstone. " . END OF ADDENDUM NO. 4 Lori K. Bender,P.E. Project Engineer • 2-22-12 - 00904-4 of 4 , • GENERAL NOTES: L IEEERTOSIEETE001 RETKTOG1LSrLBwB. 1 ALLWVRIDSEPMWAPECHEIALACCORDAMX W11H AU APPUGOE acES REPEmvm ro NSIA WTdLWW MOMID pYMFLIR!OF EIECTMCALEOU EHI. 1 REPEnmORAW110EA1 FOR UGNI ASOLIMUIE l EEmBTCONDUTONSSHALLBE®ECHA IIAKMUN VOLTAGE DROP AT M OESIGN LOAD. S.ASNALLBESREDFOR WDANVOLT AST DEGNLM0. 1 TIETFMRBERPI.BOIIEBCATEOTEDMOE EIEVAT(NbWA•ESHOWNPMI'"MLOTT nIE.EEIT O E TLEIRIDEPOROB UC[NCIATSNALL • NOR FAv T EGMOE EIEVAT[N tluM£ .. .. .......... .... .. ___..__ -. ... ..._._ ...._._... ...__._.._.. _.... ....._. __-. .. ......".-..- -. .. . .. _ .. . ._ ... T. LUHTILOCATENSWRNTE LL AADE . .. 1 REFER TO DRAWING EAT POR UMTDB Feeler.E T,' „E:.d r l r" rl1 ti r t / .fit/ - KEY NOTES: .- � �� -....If \ QT* 'j:. 1�IN�xrvas�ATmlrxiRaa SPma NEW aBG +r.' 'R _I ytt_I ".- DagssElArmWnExwvE�Ex • ,E_ MIER Yelk i Qx vRvmErEWnALIImTwmN,PARTBxw ,.. ... ... — _ W00 >M000NIIRPMELwFmro • { �EmSwTmwlm9mr•uDL T�1 ..... • i. • ,rt _i ,L4®• J. 1 C) vu c 099Rwm0EAVATM'EA IFOR li HI '' i /.• 1 'I I .-- f p' �.41 yy uaroTHESODESwanmuTrn . ! 1 -, -K TENTMSLWEGMIO �- 4. a SUPPLIER 1 i Tl • . l 8 '- e y LanTBNTmmuA i. • • • i. .._.__. ._...__._ - - rr n.m R i � f oa A; r • Q t • �....°,."' ...,% a. } Y� ant^ Lti Y,• gh 1. 7 , VW —___ `iE....TiF . . T_ „Ay p. 0 ELECTRICALLIGHTINO PARKING LOT PLAN O•STEPHEN A CURES 5 .q saes, :¢L 3P T.� ... ............._ ..... ohs c _: MDP M Q LT ... .. I �W 4oN a��°_ ISUESF0RNFA'RT g MAMMON A• e.EEIAMNeNeEREEeeA O]NIROUFR { JACOBS �Fy 5995 ROGERDALE ROAD -'—'"'__._.... IIINIITIRATRFOBAEANO 832.351.7230 B32�J51}JJ6fi FAX PAO iPUMP - - (II 1-I/P'ELECTRICAL CONDUIT /� HOU5T0 a • • mlmulr fwc RM.. may. .- • E ELECTRICAL CONDUIT BANK '�`7 C C O C-nc II+ -ti, �/ § • i ..... I ,• ea a Texas City of P rl nd y^y ._...____.. :.__..._. ......„ .............. ^". ^". MAX ROAD SPORTS COMPLEX q Y O ELECTRICAL DUCK BANK DETAIL ELECTRICAL PARKING LOT LIGHTING RAN -O ELECTRICAL POWER ELECTRICAL AREA PLAN ° Project No:9N5J2100 Sc.: SHEET p Mee: 00/0112015 E002 Own BY HRN: T1SP Vert: g ONE BK OF gI C• C • ---- •` i TO E E ELECTRICAL SYMBOLS. GENERAL i • NOTES KEYED NOTES '--t., 1.REFERT HET DO/FOR ELE CALSY 2.ALLEKPOSED ELECTRICAL EQUIPMENT 0VERIFY EXACT LOCATION AND REQUIREMENTS WITH OWNER PRIOR ' ..___-.___.._.--._._-�_ _-_-..�._.-_----___,.. PAINTED TO MATCH THE CONDUIT,WIREWAYS,DISCONNECT,METER BOXES ANDTO RDUGH4N '�O it PANEL MUST BE PRIM O TO MOTOR ON ROOF.INTERCONNECTION OF WIRING '- ADJACENT SURFACES. CONTRACTOR.REFER TO DWG,MLR FOR r CENT WALLS ACES BYEIECTAICAL ''•,: I -- LOCATIONS. EXACT T '•� 3.WIRING DEVICE SUBSCRIPT INDICATES CIRCUIT NUMBER AND PANELBOARD p3 REFERTO PACKAGE ONE DRAWING E003 FOR LOCATIONS OF EXISTING \ - III I IE' Ur7 INDICATES CIRNIT47,PANEL CONDUITS FOR FIELD WNTING. '� OP-I INDICATES CRONE],PANEL 't I O4 REFER TO DRAWING EIO20UCTBANKCONDUITS FOR CONTINUATION TO ` I • 4.REFER TOSHEETERDI FOR OGHTFIXTURE MOP. • �\ / I I I I SCHEDULE OS PROVIDE(I)3/4'CONDUR FOR POWER AND(S)3//'CONDUIT FOR --1, S ALLWORXTO BE PERFORMED IN FULL ACCORDANCE WITH ALL NNTROLSAND SIGNPLCABIE BACKTO CONIROLLE0.TO NEW FLOODING / `.• APPUCABLE CODES REF DUNG TO INSTALLATION,WIRING AND EMERGENCY STROBE AND HORN.COORDINAEEXACTLOCATONWITH �• LIMITS OF /�-- CONNECTION OF(MOEN EQUIPMENT. ARNITECTPNOR701NSTAWLTON.COORDINATE LOCATION OF % - - ALTERNATE I LA.7 G.ALL KITCHEN EQUIPMENT WILL BE CONNECTED WITH SEALTITE CONTROLLER SYSTEM WITH CONTROL PROVIDER. ' O FUTURE FIELD .• NO.Al CONDUIT UL LASTED. SYSTEM PROVI -"'--- "----- LAd N-2 LA17 LA-!S LA1] LA VS LA-3 LA'1 - - ----• LIGHTING,ONDUITS PVC E RUN 30.BELOOR W GRADET0IUST OUTSIDE i -- S4 �-P l p t�Y�ys TF�p - -- i LEGEND 7.a NEB�FAOM WALL WILL USE ALESMLTEIEFROMWAUSEXOOSEAITTIE OF THE DRIVE PATH FOR FUTURE USE. ' :--� I}p,�yq�l 1 I.F�."II C ® I 1=SEE EQUIPMENT • SCHEDULE BELOW LA18 III --- -- 1FII;14' p ' - IF KITCHEN DEVICE HAS DISCONNECT CAPABIl1IY PRE-INSTALLED ON i T I TO EFd 1 2 2-...1- 8.EQUIPMENT DISCONNECT SWITCH AS SHOWN WILL NOT BE I I S IA-25 jIA lfi 0 CT O (ONROOF) TO FF3 I REQUIRED. ;I -" I• 9.ALL ELECTRICAL OUTIETS TO COMPLY WITH CURRENT NEC 210.8 �4TOEF © I. h LA.16 „24 WHICH REQUIRES REST FOOR00MS,MECIBWI000EEOROOMS AND 0 IA-31 IA-26 KITCHENJBARS TO BE GEO PROTECTED,PROVIDE EITHER INDIVIDUAL .. """" "" Gil DEVICES OR GM BREAKER UNLESS SPECIFICALLY NOTED - . �:...:. :: GM U ON DRAWING OR SCHEDULES. /• • `------- -----------. 10.PERMANENTLY CONNECTED APPLIANCES NOT OVER 300VA OR 1/8 HP BRANCH CIRCUITOVERCURRENT DEVICE TO SERVE AS DISCONNECTING O O MEANCIRCUIT TO BE USED FOR VCOONNECTING OVER GMEANS AS LONG AS0VA OPUS HP BRANNSIGHT F PANEL ORGAN BE ' LOCKED IN OPEN-POSITION.PER NEC42230. - 1L INTERWIENG BYELECTRICMN.COORDINATE EXACT REQUIREMENTS - WITH ICE MACHINE PROVIDER PRIOR TO COMMENCEMENT OF WORK REFER TO ICE CONDENSER MANUFACTURER DRAWINGS/SPEOFICATONS \ FOR EXACT REQUIREMENTS AND INTERWIRING. 12.ALL EMPTY CONDUIT TO HAVEPULLSTENGS. /1 13.ALLIUNLTON BOXES TO BE SIZED PER NEC. -- 14.REFER TO MECHANICAL DRAWINGS FOR EXACT LOCATION AND REQUIREMENTS OF ALL MECHANICAL EQUIPMENT SHOWN ON THIS DRAWING. 15.REFER TO PLUMBING DRAWINGS FOR EXACT LOCATION AND REQUIREMENTS OF ALL PLUMBING DEVICES SHOWN ON THIS DRAWING. --------0 © 16.REFERENCE SHEETEB.01 ELECTRICAL EQUIPMENT SCHEDULE, 1 Am[lnuy. 09/20.4.1 ARCHITECTURAL,AND FOOD SERVICE DRAWINGS FOR EXACT Ile RMYm d,rplw WM LOCATION AND MOUNTING HEIGHT OF All., WIRING DEVICES SHOWN am1 U ON THIS DRAWING. C P. p, LA 2B VERIFY ESACT F tI�""� K .-1 \IT I... I 17.MANUFACTURER BEFORENIINSTAIIATON�IypEq�UIIMEM 3 - * ar -' {{ % '... J imam `1 � I 1 A 18.ALL CONCESSION FOOD SERVICEE UIPMENT'SOWNER FURNISHED AND ,¢[%; S /' v ., !'; LL.11 LA-2. f INSTALLED.IF ALTERNATE N0.115 ACCEPTED,COORDINATE FlNALUTLIIY YYCFNiEQp" 0 ,\ _ - III © PMAL 0;- LNTM6)�ONIAO CABINET REQUIREMENTS WITH FINAL FQUIPMENTSEIECTIONS. O FFl 999 TO EP-2 Y�.. �...•\ IIGHIING CONTR CABIN mari Fml TAU.. aA) • • n 1' -.-32 f LA-27~ P' I t-�1GHTNG CONTROL CABINET3� LcJACOBS --= LA'Si Y - HTTNG C9NIXOL. - FUTURE �� _ '-LTG CABINCT42 SIGNAGE is NOFNUE ECTIFIFENTSCHOTILE 39YO ROOETHLQE RQAO pp�� fly` I LA-0 •••�., ' �t -:L -\� __ MO. 1 VOLTAGE AGE SE'IRA FM.WAIX mwaclpx WuuVAs832.3.31.T2.30 1332.351.7788 FM 111.3463..306 /•.,. • m S LA-33 LABS ' LA-34 .36 sro'�'Ia 11AbaNE tart nA ;In2YtC blv / FNRIIY PANEL EROscu'SFA lAN ALA viz lr12 A4C coma PLUG �, � RAIA S lar2 1.11 .1;III;S4C MNq`vlE Uh"� / ONTROL PANEL Sal ELECTRICAL POWER FLOOR PLANea a Texas 01 R AA NACHO E 13.. UHT/123HO .lee MP 11ilIE _-'.. '� I1vl Rim st�2YC t18V las Ir�g tri;wC b • • tYry 12M 9rl;Irl; C S1� SGLLE:B/18,1, NORTH•! 1 H11.ADVF11 City of P , ; / MAX ROAD SPORTS COMPLEX / CAH00406BIFH IarY 24 Mt1/123.8 eaxoenua 9 . YFHOeH0LLYJ8NE ISV 8A RII1,tIIAN.0 bIEP S / 1 , a m A acE me AA xnzulzmm WOW. ELECTRICAL POWER FLOOR PLAN ,.l A VEM:MTNMHWE ISV PA XII1,1112 MS 6168 Chlul El,SS OF R R Y SS Project Na'MA1XJRim SHEET : E10 `........�, , Deng OIN • 1a ..11/ (---) ''''') LEGEND o HUNTER INST-04 SERIES POP UP SPRAY HEADS WITH HUNTER AFB ADJUSTABLE FLOOD BUBBLER NOZZLES. SEE INSTALLATION NOTE #13 REGARDING TREE BUBBLER LATERAL PIPE u/u HUNTER INST-04 SERIES POP UP SPRAY HEAD WITH SS / ES SERIES STRIP NOZZLE UNLESS NOTED OTHERWISE. • HUNTER INST-04 SERIES POP UP SPRAY HEAD WITH PRO SPRAY SERIES NOZZLE AS NOTED BELOW R INS 1 - . -.P Pr • . ,Ir --• .-- . - ,. , . i O HUNTER I-20-04—SS-3, ADJUSTABLE ARC 4" POP UP ROTARY HEAD, PART CIRCLE, #3 NOZZLE UNLESS NOTED OTHERWISE O HUNTER I-25-04—SS-8, ADJUSTABLE ARC 4" POP UP ROTARY HEAD, PART CIRCLE, #8 NOZZLE UNLESS NOTED OTHERWISE O HUNTER I-25-04—SS-18, ADJUSTABLE ARC 4" POP UP ROTARY HEAD, FULL CIRCLE, #18 NOZZLE UNLESS NOTED OTHERWISE - . - -I . - 0 . :\ c'• N , ,- I I. ‘. . I - • - • , Al. •� - . ': ol CODER ® HUNTER ICV SERIES ELECTRIC REMOTE CONTROL, "TREE BUBBLER ZONE" VALVE WITH SAME SIZE PVC BALL VALVE AND ( ICD-100 ) SINGLE STATION DECODER. SEE INSTALLATION NOTE #13 REGARDING TREE BUBBLER LATERAL PIPE A HUNTER 33D—R QUICK COUPLING VALVE WITH LOCKING PURPLE COVER AND 3/4" PVC BALL VALVE -N- MANUAL ISOLATION VALVES 3" AND SMALLER SHALL BE LASCO "V101N" SERIES SCH. 80 PVC TRUE UNION BALL VALVE, MAINLINE SIZE 4" AND LARGER SHALL BE CAST IRON PUSH—ON TYPE NJ 4" FEBCO 860 SERIES REDUCED PRESSURE TYPE BACKFLOW PREVENTOR INSTALLED PER CITY CODE, WITH CONCRETE PAD MOUNTED LOCKABLE "HOT BOX" ENCLOSURE. O 4" IRRIGATION WATER METER AND TAP, SIZE AS NOTED ON THE PLAN E HUNTER ACC-99DPP SERIES AUTOMATIC CONTROLLER WITH WIRELESS "SOLAR SYNC" MODULE AND WEATHER SENSOR LOCATE CONTROLLER AND WEATHER SENSOR AS DIRECTED IN THE FIELD BY THE LANDSCAPE ARCHITECT. In HUNTER ICV-300 "MASTER" VALVE, ICD-100 DECODER, HFS FLOW METER, 4" SENSOR TEE, AND I CD—SEN SENSOR DECODER FLOODED SUCTION TYPE BOOSTER PUMP STATION PROVIDING 65 PSI BOOST AT 360 GPM., WITH PRESSURE MAINTENANCE PUMP VARIABLY FREQUENCY DRIVE, PLC CONTROLS, PRESURE START,AND HEATED , INSULATED IN CLOSURE AS PROVIDED BY inCON—trol WATER SYSTEMS, McKINNEY, TEXAS 214.733.8828. 460 v, THREE PHASE POWER TO BE PROVIDED BY G.C. ♦♦�1iiZZ�* PVC MAINLINE PIPE ♦ar �PS. OF TF *k s SIZE 3" DIAMETER AND SMALLER SHALL BE SCH. 40 PVC, SOLVENT WELD TYPE. `• • •••: -/ SIZE 4" DIAMETER AND LARGER SHALL BE CLASS 200 PVC 0—RING GASKET TYPE WITH DUCTILE IRON GASKET FITTIN wyt�•• ��• CLASS 200 ( EXCEPT 1/2 INCH #315 ) PVC LATERAL PIPE �!(* • i\ �� TWO EXISTING 6 SCH. 40 PVC SLEEVE PIPES -0 E �1 ONE EXISTING 4" SCH. 40 PVC SLEEVE PIPE il�•�� /• PROPOSED ONE 8" AND ONE 6" SCH. 40 PVC SLEEVE PIPE 4�'. ' ' 658 •••0 A PROPOSED ONE 4" SCH. 40 PVC SLEEVE PIPE + •O •• '� 0i L.I.C. SHALL SELECT PRO—SPRAY SPRAY NOZZLES FOR "HEAD—TO—HEAD" COVERAGE, ADJUSTED +4,�'FD• • •I Ri\-47 FOR NO OVERSPRAY ONTO WALLS OR WALKS. NO OVERSPRAY INTO STREETS IS PERMITTED. 4*1% ,t g / 10 / 2013 a s sRK o C ON D O N MAX ROAD SPORTS COMPLEX CCA PROJECT NUMBER: SHEET REFERENCE NUMBER: 110-073 L209 Ctj) IATES LANDSCAPE ARCHITECTURE ISSUE FOR: SKETCH NUMBER: The City of Pearland Addendum#4 s K-L 1 ISSUED DATE: Pearland, Texas 09/17/13 • CITY OF PEARLAND SUMMARY OF WORK Section 01100 SUMMARY OF WORK PART 1 - GENERAL . 1.1 SECTION INCLUDES A. A summary of the Work,to be performed under this Contract, work by Owner, Owner furnished products, Work sequence, future Work, Contractor's use of Premises, and Owner occupancy. 1.2 WORK COVERED BY CONTRACT DOCUMENTS A. Work of the Contract is for the construction of the Max Road Sports Complex Phase I at Max Road. Any required-work that does not have a bid item is considered incidental to the project and should be included in the bid price for - associated work. B. Base Bid Items 1. Mobilization in accordance with section 01505 —Mobilization. a. This item shall include the furnishing of construction photographs in accordance with section 01380—Construction Photographs b. This item shall include the furnishing of a construction trailer in accordance with section 01500 — Temporary Facilities and Controls. c. No separate payment will be made for water meters, water tap or service line or sanitary sewer service lead associated with ' temporary facilities. - d. This item shall include the furnishing of one (1) project signs in - accordance with section 01580—Project Identification Signs. i. One sign is to be located at the main entrance along Hughes Ranch Road. 2. TPDES Requirements, in accordance with section 01565 — TPDES Requirements. " a. Contractor shall -provide a lump sum price for TPDES requirements. Contractor will be paid on a monthly basis- in accordance with the approved schedule of values.- b. This item shall include work under section 01550 — Stabilized Construction Exits consisting of 1 stabilized construction at existing driveway along Max Road. c. This item, shall include work under section 01566 — Source Control for Erosion & Sedimentation. WHXJ2100 Section 01100 Page 1 of 7 Addendum 4 CITY OF PEARLAND SUMMARY-OF WORK d. Inlet protection for the field drains shall be provided. The inlet protection shall be FlexStorm from ADS and shall be the property of the City after project completion. The inlet protection shall be installed in the inlet and be removable and reusable. 3. Installation of natural turf fields including laser grading and sod for 4. soccer fields. Sod with TI141~ 419. Establishment of sod is a requirement of substantial completion. 4. Installation of natural turf fields including laser grading and sod for 2 multi-purpose fields. Sod with TIFF 419. Establishment of sod is a requirement of substantial completion. 5. Bringing in top soil for sports complex. This includes grading of non- field areas and adjustments of the existing field drains to grade. - • 6. Sodding of non-field areas. Establishment` of sod is a requirement of substantial completion. 7. Hydromulch of non-field areas. Establishment of hydromulch is a requirement of substantial completion. 8. Landscaping items include the following a. Preparation of planting area. b. Planting of Street Trees. c. Planting of Parking Lot Trees. . d. Planting of Shade Trees. e. Planting of Ornamental Trees. f. Planting of Shrubs. g. Tree staking. h. Mulching planting areas and around trees. _ 9. Irrigation as shown in plans includes all piping, irrigation heads, pumps, valves, and controls. 10. Drain Basins includes the inlets as shown on the plan sets. 11. Storm Drain Pipes are 12-inch PVC storm pipe measured from center of basin to center of basin. Include connection to existing basin in LF price. • 12. Water lines includes water service lines ranging in sizes from 1" to 21/2". 13. 6" Sanitary Sewer includes the line and cleanouts as shown on the plans. WHXJ2100 Section 01100 Page 2 of 7 • Addendum 4 CITY OF PEARLAND SUMMARY OF WORK 14 Infrastructure for lights includes the proposed and future conduit within the peninsula area. 15. Parking Lot LED Lighting using existing conduits under parking lot pavement. This includes the installation of the foundations, poles, lights and the pulling of wires 16. Pedestrian LED lighting. The installation of poles and lights, conduit, and wiring required for the installation of the pedestrian lights along the main promenade and around the concession stand/restroom areas. ' 17. Installation of the CenterPoint Conduit from the drop location to transformer, complete in place. 18. Enclosure concrete is for the area within the electrical enclosure (excluding the CenterPoint transformer pedestal) and the area within the dumpster enclosure, complete in place. 19. CenterPoint transformer pedestal per CenterPoint, complete in place. 20 ___ This item includes the electrical enclosure switch board, Panel HL; Transformer TLT, and Panel LT as well as all wiring and conduit within the electrical enclosure not covered by other items. 21. Extension of main duct bank from parking lot to concession/restroom facility. This includes the pulling of the wire from the electrical enclosure to the electrical control room. 22. Concrete Walks/Drives cover the 6-inch thick concrete sidewalks and firelanes. - 23. Grasspave area along fire lane, complete in place. 24. " Dumpster masonry enclosures, including foundation and gates, complete in place. This includes drain openings in the bottom of the wall. 25. Electrical masonry enclosures, including foundation and gates, complete in place. This includes drain openings in the bottom of the wall. 26. Sliding gates at driveway, complete in place. 27. Flagpole, complete in place. 28. Stationary bollards, complete in place. . 29. Removable bollards, complete in place. • WHXJ2100 Section 01100 Page 3 of 7 Addendum 4 CITY OF PEARLAND SUMMARY OF WORK 30. Decorative spherical bollards, complete in place. 31. Bike racks, complete in place. 32. Foot washing station, complete in place. 33. H-Frame trash receptacles complete in place. 34. Entry sign, complete in place. 35. Restroom building, complete in place including but not limited to; masonry, electrical, doors, windows, plumbing, fixtures, flooring, and HVAC. The glass block on the south face of the restroom is to be included in the base bid. 36. Concession Stand Foundation, Restroom Foundation & Slab 'surround includes the foundations for the restroom and the concession stand as well as the concrete surround as outlined on Sheet S101. The bid price shall include all openings in the slab and foundation for the electrical, water, and sewer needed for both buildings. If the concession stand alternate bid item is not awarded, the Contractor shall cover opening with a metal cap and grout it in place with removable grout at no additional cost. 37. Commercial Fire Extinguishers to be supplied and installed. One in the electrical room and the other on the outside of the building. 38. Water Meter Vault. Installation is the installation of the water meter vaults for the irrigation meter and the service meter. 39. Water Meter and Vault Cash Allowance is the cash allowance for the purchase and delivery of the water meters and vaults for the irrigation meter and service meter. No markups are allowed on this item. Invoices must be submitted with pay request. 40. Parking Signs - ADA compliant Handicapped Parking Signs and City Vehicle parking signs. . 41. 12-inch wide red Fire Lane stripping along curb and concrete parking lot. C. Extra Work Items • 1. Extra Labor Skilled will be used for additional work,authorized by the City to cover the labor associated with additional'work requested by the City. WHXJ2100 Section 01100 Page 4 of 7 Addendum 4 CITY OF PEARLAND SUMMARY OF WORK 2. Extra Labor Unskilled will be used for additional work authorized by the City to cover the labor associated with additional work requested by the City. • 3. Extra 4" electrical conduit as directed by the City. All labor associated - with this work shall be included in the price bid. 4. Additional structural concrete as directed by the City. All labor associated with this additional work shall be included in the amount bid per CY. This item shall include reinforcing steel. 5. Extra Labor (Skilled/Unskilled) will be used for additional work authorized by the City to cover the labor associated with additional work requested by the City.' 6. Additional Plant Bedding Preparation cover additional plant bed requested by the City that are not shown on the plans. D. Alternate Bid Items 1. Concession Stand building, complete in place including but not limited to masonry, electrical, doors, windows, plumbing, flooring, and HVAC. Countertops or equipment shown on plans are to be owner furnished and are not included in this line item. This item includes the grease trap. 2. Pulling wire from the electrical room at the restrooms facility to the Musco field lighting poles and connecting to the poles. 'The poles and field lights are by others. This also includes installation of the control panel provided by others. This also includes installation of the conduit shown on the top of the peninsula from the existing to the electrical room. If this item is awarded and Alternate 3.03 is not, the City will be providing the light poles and control panel. , 3. Installation of the MUSCO poles and lights. This item includes the control panel. - 4. Soccer goals and installation complete in place. 5. Corner markers and installation complete in place. 6. Installation of City provided soccer goals complete in place. 7. Installation of City provided corner markers complete in place. WHXJ2100 Section-01100 Page 5 of 7 Addendum 4 CITY OF PEARLAND SUMMARY OF WORK 8. _ Entry walls, including foundation, complete in place The cost per foot of the entry walls shall include the 4-inch drain pipe and bedding as shown in the plans for the drain pipe within 5 feet of the wall. Any pipe that extends more than 5-feet from the wall shall be paid on a linear foot basis per line item 3.14.` 9. Indian Hawthorn to be used in place of Knock Out Roses, complete in place. 10. The Glass Block on the north face of the restroom is by alternate bid. This item shall include any plumbing routing changes required for the piping to not be visible through the glass block. • 11. Mark the field corners and underground utilities. This item is used for the City supplying the MUSCO lights. If item 3.03 is awarded, this item is not awarded. 12. Maintenance and Mowing for 60 days after substantial completion. 13. 12 Months of Tree and Shrub Maintenance. , '14 4-inch wall drain is paid on the linear foot basis and covers from 5-feet outside of the wall to the existing storm manholes along Hughes Ranch Road. Cost shall include coring into the manholes to make the j connection; E. Any required work that does not have a bid item is considered incidental to the project and should be included in the bid price for associated work. 1.3 WORK BY OWNER ' A. Musco field light poles and field light installation. These items will be provided by the owner if the applicable alternate bids items are not selected. . B. Benches and Tables 1.4 OWNER FURNISHED PRODUCTS S A. N/A • , 1.5 WORK SEQUENCE A. Contractor to submit project schedule to Engineer & Owner for approval as specified in Section 01350—Submittals. WHXJ2100 Section 01100 Page 6 of 7 Addendum 4 CITY OF PEARLAND SUMMARY OF WORK P*4 B. Contractor shall coordinate the Work with the Engineer and Owner as specified • in Section 01310—Coordination and Meetings. C. Contractor shall set up the temporary facilities as required in Section 01500 — Temporary Facilities and Controls D. The Contractor shall work with the owner to develop a work schedule that is acceptable to both contractor and owner. The schedule shall be submitted in accordance with Section 01355 —Construction Schedule. 1.6 CONTRACTOR'S USE OF PREMISES A. Comply with procedures for access to the site and Contractor's use of rights-of- way as specified in Section 01140—Contractor's Use of Premises.• B. Contractor shall be responsible for all utilities required for construction. 1.7 OWNER OCCUPANCY A. Cooperate with the Owner to minimize conflict, and to facilitate the Owner's operations. Coordinate Contactor's activities with Engineer. B. Schedule Work to accommodate this requirement. PART 2 —PRODUCTS • Not used PART 3 —EXECUTION Not used • END OF SECTION . WHXJ2100 Section 01100 Page 7 of 7 Addendum 4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES (0-\, Section 01140 CONTRACTOR'S USE OF PREMISES 1.0 GENERAL 1.01 SECTION INCLUDES A General use of the Project Site including properties inside and outside of the limits of construction, work affecting roads, ramps, streets and driveways and notification to adjacent occupants. B References to Technical Specifications: 1 Section 01350—Submittals 2 Section 01730—Cutting&Patching 3 Section 01555 —Traffic Control&Regulation 4 Section 01562—Waste Material Disposal 5 Section 01720—Field Surveying 6 Section 02980—Pavement Repair 7 Section 02770—Curbs, Curb &Gutter, &Headers 8 Section 02255 —Bedding, Backfill, &Embankment Materials 9 Section 02922—Sodding 10 Section 02921 —Hydromulch Seeding 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 LIMITS OF CONSTRUCTION A Confine access,operations,and storage areas to limits of construction as shown on the Plans provided by Owner as stipulated in Section 00700 — General Conditions of Agreement; trespassing on abutting lands or other lands in the area is not allowed. B Contractor may make arrangements,at Contractor's cost,for temporary use of private properties,in which case Contractor and Contractor's surety shall indemnify and hold harmless the Owner against claims or demands arising from such use of properties outside of the limits of construction. 1. Improvements to private properties made for the Contractor's use must be removed upon completion of the Work. a. No fill material may be placed in temporary work areas or on adjacent private properties without the written permission of the Engineer or the issuance of a Fill Permit by the City of Pearland or other governing entity. C Restrict total length which materials may be distributed along the route of the construction at any one time to 1,000 linear feet unless otherwise approved by Engineer. 02/2008 01140- 1 of 4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES 1.04 PROPERTIES OUTSIDE OF LIMITS OF CONSTRUCTION A Altering the condition of properties adjacent to and along the limits of construction will not be permitted unless authorized by the Engineer and property owner(s). B Means,methods,techniques,sequences,or procedures which will result in damage to properties or improvements in the vicinity outside of the limits of construction will not be permitted. C Any damage to properties outside of the limits of construction shall be repaired or replaced to the satisfaction of the Engineer and at no cost to the Owner. D Contractor shall protect or replace all property corners, monuments or other demarcations disturbed, damaged or lost as a result of his activities. The replacement of these devices shall be properly documented to the satisfaction of the City by a Registered Public Land Surveyor with copies delivered to the Owner or private property owner. 1.05 USE OF SITE A Obtain approvals of governing authorities prior to impeding or closing public roads or streets. Do not close consecutive intersections simultaneously, B Notify Engineer 48 hours prior to closing a street or a street crossing. Permits for . street closures are required in advance and are the responsibility of the Contractor. C Maintain access for emergency vehicles including access to fire hydrants. D Avoid obstructing drainage ditches or inlets; when obstruction is unavoidable due to requirements of the Work, provide grading and temporary drainage structures to maintain unimpeded flow. E Locate and protect private lawn sprinkler systems which may exist on rights-of-ways within the Project Site. Repair or replace damaged systems to condition equal to or better than that existing at start of the Work. F When required by the Work, cutting, patching, and fitting of Work to existing facilities,accommodating installation or connection of Work with existing facilities,or uncovering Work for access, inspection, or testing shall be performed in accordance with Section 01730—Cutting &Patching. G Fires are not permitted on the Project Site. 1.06 NOTIFICATION TO ADJACENT OCCUPANTS A Notify individual occupants in areas to be affected by the Work of the proposed construction and time schedule. Notification shall be 24 hours,72 hours and 2 weeks �^ti prior to work being performed within 200 feet of the homes or businesses. 02/2008 01140-2 of 4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES Include in notification names and telephone numbers of two representatives for resident contact,who will be available on 24-hour call. Include precautions which will be taken to protect private property and identify potential access or utility inconvenience or disruption. C Submit proposed notification to Engineer for approval. Consideration shall be given to the ethnicity of the neighborhood where English is not the dominant language. Notice shall be in an understandable language. 1.07 EXCAVATION IN STREETS AND DRIVEWAYS A . Avoid hindering-or needlessly inconveniencing public travel on a street or any intersecting alley or street for more than two blocks at any one time, except by permission of the Engineer. Obtain the Engineer's approval when the nature of the Work requires closing of an entire street. Permits required for street closure are the Contractor's responsibility. Avoid unnecessary inconvenience to abutting property owners. C Remove surplus materials and debris and open 1000 feet or less for public use as work in that block is complete. D Acceptance of any portion of the Work will not be based on return of street to public (1111.\ use. E Avoid obstructing driveways or entrances to private property. F Provide temporary crossing or complete the excavation and backfill in one continuous operation to minimize the duration of obstruction when excavation is required across drives or entrances. G Provide barricades and signs in accordance with Section 01555 —Traffic Control & Regulation. 1.08 CLEAN-UP A Maintain Project Site in a neat and orderly manner. B Perform daily clean-up in and around construction zone of dirt,debris,scrap materials, other disposable items. C Leave streets, driveways, and sidewalks broom-clean or its equivalent at the end of each work day. D Promptly remove barriers, signs,and components of other control systems that are no longer being utilized. Dispose of waste and excess materials in accordance with requirements of Section 01562—Waste Material Disposal. 02/2008 01140-3 of 4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES 1.09 RESTORATION A Restore damaged permanent facilities to pre-construction conditions unless replacement or abandonment of facilities is indicated on the Plans. B Repair/Replace removed or damaged pavement in accordance with Section 02980— Pavement Repair and removed or damaged curbs, gutters, and headers in accordance with Section 02770 — Curbs, Curb & Gutter, & Headers. Repair/Replace with like materials to match existing style, lines, grades, etc., unless otherwise directed by Engineer. C Repair turf areas which become damaged by Contractor's operations at no additional cost to Owner. Level with bank sand or topsoil, conforming to Section 02255—Bedding, Backfill, & Embankment Materials, as approved by the Engineer. Provide sodding in areas of residential land use over the surface of ground disturbed during construction and not paved, or not designated to be paved, in accordance with Section 02922—Sodding. Use only block sodding; do not use spot sodding or sprigging Provide hydromulch seeding in areas of commercial, industrial or undeveloped land use over the surface of ground disturbed during construction and not paved, or not designated to be paved, in accordance with Section 02921 —Hydromulch Seeding. Water and level newly sodded areas with adjoining turf using steel wheel rollers appropriate for sodding. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01140-4 of 4 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES Section 01200 MEASUREMENT AND PAYMENT PROCEDURES 1.0 GENERAL 1.01 SECTION INCLUDES A Procedures for measurement and payment of Work. B Conditions for nonconformance assessment and nonpayment for rejected products. C References to Technical Specifications: See Bid Proposal Sheet D Reference Standards: 1. Concrete Reinforcing Steel Institute (CRSI) 2. American Institute of Steel Construction (AISC) 1.02 AUTHORITY A Units and methods delineated in this Section are intended to complement the criteria of the Technical Specifications and Section 00300—Bid Proposal. B In the event of conflict, the unit specified for Bid Items in Section 00300 —(Pk'l Proposal shall govern. C Measurements and quantities submitted by the Contractor will be verified by the Engineer. D Contractor shall provide necessary equipment, workers, and survey personnel as required by Engineer to verify quantities. 1.03 UNIT QUANTITIES SPECIFIED A Quantity and measurement estimates stated in Section 00300—Bid Proposal are for contract purposes only. Quantities and measurements supplied or placed in the Work, authorized and verified by Engineer shall determine payment as stated in Section 00700—General Conditions of Agreement. B If the actual Work requires greater or lesser quantities than those quantities indicated in Section 00300 — Bid Proposal, provide the required quantities at the unit prices contracted except as otherwise stated in Section 00700 — General Conditions of Agreement or in executed Change Order. 1.04 MEASUREMENT OF QUANTITIES A Measurement by Weight: Reinforcing steel, rolled or formed steel or other metal shapes will be measured by CRSI or AISC Manual of Steel Construction weights. Welded assemblies will be measured by CRSI or AISC Manual of Steel Construction or scale weights. 05/2007 01200- 1 of 3 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES B Measurement by Volume: 1. Stockpiles: Measured by cubic dimension using mean length, width, and height or thickness. 2. Excavation and Embankment Materials: Measured by cubic dimension using the average end area method. C Measurement by Area: Measured by square dimension using mean length and width or radius. D Linear Measurement: Measured by linear dimension, at the item centerline or mean chord. E Stipulated Price Measurement: By unit designated in the agreement. F Other: Items measured by weight, volume, area, or lineal means or combination, as appropriate, as a completed item or unit of the Work. 1.05 PAYMENT A Payment includes full compensation for all required supervision,labor,products,tools, equipment,plant,transportation,services,and incidentals;and erection,application or installation of an item of the Work; and Contractor's overhead and profit. The price bid shall include the total cost for required Work. Claims for payment as Unit Price Work not specifically covered in Section 00300—Bid Proposal will not be accepted. B Progress Payments for Unit Price Work will be based on the Engineer's observations and evaluations of quantities incorporated in the Work multiplied by the unit price. C Progress Payments for Lump Sum Work will be based on the Engineer's observations and evaluations of the percentage of quantities included in the schedule of values incorporated in the Work. D Final Payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities determined by Engineer multiplied by the unit price for Work which is incorporated in or made necessary by the Work. 1.06 NONCONFORMANCE ASSESSMENT A Remove and replace the Work, or portions of the Work, not conforming to the Contract Documents. B If, in the opinion of the Engineer, it is not practical to remove and replace the Work, the Engineer will direct one of the following remedies: 1. The nonconforming Work will remain as is,but the unit price will be adjusted to a lower price at the discretion of the Engineer. 2. The nonconforming Work will be modified as authorized by the Engineer, and the unit price will be adjusted to a lower price at the discretion of the Engineer, if the modified Work is deemed to be less suitable than originally specified. 05/2007 01200-2of3 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES C Individual Technical Specifications may modify these options or may identify a specific formula or percentage price reduction. D The authority of the Engineer to assess the nonconforming Work and identify payment adjustment is final. 1.07 NONPAYMENT FOR REJECTED PRODUCTS A Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable to Engineer. 2. Products determined as nonconforming before or after placement. 3. Products not completely unloaded from transporting vehicle. 4. Products placed beyond the lines and levels of the required Work. 5. Products remaining on hand after completion of the Work, unless specified otherwise. 6. Loading, hauling, and disposing of rejected products. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 05/2007 01200-3 of 3 CITY OF PEARLAND CHANGE ORDER PROCEDURES Section 01290 CHANGE ORDER PROCEDURES 1.0 GENERAL 1.01 SECTION INCLUDES A Procedures for processing Change Orders, including: 1. Assignment of a responsible individual for approval and communication of changes in the Work; 2. Documentation of change in.Contract Price and Contract Time; 3. Change procedures, using proposals and construction contract modifications, Work Change Directive, Stipulated Price Change Order, Unit Price Change Order, Time and Materials Change Order; 4. Execution of Change Orders; 5. Correlation of Contractor Submittals. B References to Technical Specifications: 1. Section 01350—Submittals 2. Section 01760—Project Record Documents C Other References: 1. Rental Rate Blue Book for Construction Equipment (Data Quest Blue Book). Rental Rate is defined as the full unadjusted base rental rate for the appropriate item of construction equipment. 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 RESPONSIBLE INDIVIDUAL A Contractor shall provide a letter indicating the name and address of the individual authorized to execute change documents, and who shall also be responsible for informing others in Contractor's employ and Subcontractors of changes to the Work. The information shall be provided at the Preconstruction Conference. 1.04 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND CONTRACT TIME A Provide full information required for identification and evaluation of proposed changes, and to substantiate costs of proposed changes in the Work. B Contractor shall document each Proposal for Change in cost or time with sufficient data to allow for its evaluation. 02/2008 01290- 1 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES C Proposal for Change shall include, as a minimum, the following information as r applicable: 1. Original Quantities of items in Section 00300—Bid Proposal with additions, reductions, deletions, and substitutions. 2. When Work items were not included in Section 00300—Bid Proposal, Contractor shall provide unit prices for the new items, with supporting information as required by the Engineer. 3. Justification for any change in Contract Time. 4. Additional data upon request. D For changes in the Work performed on a time-and-material basis, the following additional information may be required: 1. Quantities and description of products and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit as noted in Section 00700—General Conditions of Agreement, 7.03 "Extra Work". 4. Dates and times work was performed, and by whom. 5. Time records and certified copies of applicable payrolls. 6. Invoices and receipts for products, rented equipment, and subcontracts, similarly documented. E Rented equipment will be paid to the Contractor by actual invoice cost for the duration of time required to complete the extra work. If the extra work comprises only a portion of the rental invoice where the equipment would otherwise be on the site, the } Contractor shall compute the hourly equipment rate by dividing the actual monthly invoice by 176. (One day equals 8 hours and one week equals 40 hours.) Operating costs shall not exceed the estimated operating costs given for the item of equipment in the Blue Book. F For changes in the work performed on a time-and-materials basis using Contractor- owned equipment, compute rates with the Blue Book as follows: 1. Multiply the appropriate Rental Rate by an adjustment factor of 70 percent plus the full rate shown for operating costs. The Rental Rate utilized shall be the lowest cost combination of hourly, daily, weekly or monthly rates. Use 150 percent of the Rental Rate for double shifts (one extra shift per day) and 200 percent of the Rental Rate for more than two shifts per day. No other rate adjustments shall apply. 2. Standby rates shall be 50 percent of the appropriate Rental Rate shown in the Blue Book. Operating costs will not be allowed. 1.05 CHANGE PROCEDURES A Changes to Contract Price or Contract Time can only be made by issuance of a Change Order. Issuance of a Work Change Directive or written acceptance by the Engineer of changes will be formalized into Change Orders. All such changes will be in accordance with the requirements of Section 00700 — General Conditions of Agreement, 7.01 "Change Orders". 02/2008 01290-2 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES B The Engineer will advise Contractor of Minor Changes in the Work not involving an CI") adjustment to Contract Price or Contract Time as authorized by Section 00700 — General Conditions of Agreement; 7.02 "Minor Changes", by issuing supplemental instructions. C Contractor may request clarification of Plans, Technical Specifications or Contract Documents or other 'information. Response by the Engineer to a Request for Information does not authorize the Contractor to perform tasks outside the scope of the Work. All changes must be authorized as described in this Section. 1.06 PROPOSALS FOR CHANGE AND CONTRACT MODIFICATION A The Engineer may issue a-Request for Proposal,which includes a detailed description of a proposed change with supplementary or revised Plans and Technical Specifications.The Engineer may also request a proposal in the response to a Request for Information. Contractor will prepare and submit its Proposal for Change within 7 days or as specified in the request. B The Contractor may propose an unsolicited change by submitting a Proposal for Change to the Engineer describing the proposed change and its full effect on the Work, with a statement describing the reason for the change and the effect on the Contract Price and Contract Time including full documentation. (6) 1.07 WORK CHANGE DIRECTIVE A- Engineer may issue a signed Work Change Directive instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B The 'document will describe changes in the Work and will designate a method of determining any change in Contract Price or Contract Time. C Contractor shall proceed promptly to execute the changes in the Work in accordance with the Work Change Directive. 1.08 STIPULATED PRICE CHANGE ORDER A A Stipulated Price Change Order will be based on an accepted Proposal for Change including the Contractor's lump sum price quotation. 1.09 UNIT PRICE CHANGE ORDER A Where Unit Prices for the affected items of the Work are included in Section 00300- Bid Proposal , the Unit Price Change Order will be based on unit prices as originally bid, subject to provisions of Section 00700—General Conditions of Agreement. B Where unit prices of the Work are not pre-determined in Section 00300 — Bid Proposal, Work Change Directive or accepted Proposal for Change will specify the rhs\1, unit prices to be used. 02/2008 01290-3 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES 1.10 TIME-AND-MATERIAL CHANGE ORDER A Contractor shall provide an itemized account and supporting data after completion of change,within time limits indicated for claims in Section 00700—General Conditions of Agreement. B Engineer will determine the change allowable in Contract Price and Contract Time as provided in Section 00700—General Conditions of Agreement. C Contractor shall maintain detailed records of work done on time-and-material basis as specified in this Section, 1.04 "Documentation of Change in Contract Price and Contract Time". D Contractor shall provide full information required for evaluation of changes,and shall substantiate costs for changes in the Work. 1.11 EXECUTION OF CHANGE DOCUMENTATION A Engineer will issue Change Orders, Work Change Directives, or accepted Proposals for Change for signatures of parties named in Section 00500 — Standard Form of Agreement. 1.12 CORRELATION OF CONTRACTOR SUBMITTALS A For Stipulated Price Contracts, Contractor shall promptly revise Schedule of Values 1 and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Price. B For Unit Price Contracts,the next monthly Application for Payment of the Work after acceptance of a Change Order will be revised to include any new items not previously included and the appropriate unit rates. C Contractor shall promptly revise progress schedules to reflect any change in Contract Time, and shall revise schedules to adjust time for other items of work affected by the change, and resubmit for review. D Contractor shall promptly enter changes to the on-site and record copies of the Plans, Technical Specifications or Contract Documents as required in Section 01760 — Project Record Documents. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01290-4 of 4 CITY OF PEARLAND COORDINATION AND MEETINGS (Pk, Section 01310 COORDINATION AND MEETINGS 1.0 GENERA.L 1.01 SECTION INCLUDES A Section includes general coordination including Preconstruction Conference, Site Mobilization Conference, and Progress Meetings. B References to Technical Specifications: 1. Section 01100—Summary of Work 1.02 RELATED DOCUMENTS A Coordination is required throughout the documents. Refer to all of the Contract Documents and coordinate as necessary. 1.03 ENGINEER AND REPRESENTATIVES A The Engineer may act directly or through designated representatives as defined in Section 00700 — General Conditions of Agreement, 1.01 "Owner, Contractor, and Engineer", and as identified by name at the Preconstruction Conference. 1.04 CONTRACTOR COORDINATION A Coordinate scheduling,submittals,and work of the various Technical Specifications to assure efficient and orderly sequence of installation of interdependent construction elements. B Coordinate completion and clean up of the Work for Substantial Completion and for portions of the Work designated for Owner's partial occupancy. C Coordinate access to Project Site for correction of nonconforming work to minimize disruption of Owner's activities where Owner is in partial occupancy. 1.05 PRECONSTRUCTION.CONFERENCE A Engineer will schedule a Preconstruction Conference. B Attendance Required: Engineer's representatives,Consultants,Contractor,and major Subcontractors. C Agenda: 1. Distribution of Contract Documents. 2. Designation of personnel representing the parties to the Contract, and the Consultant. 3. Review of insurance. 02/2008 01310- 1 of 3 CITY OF PEARLAND COORDINATION AND MEETINGS 4. Discussion of formats proposed by the Contractor for Schedule of Values, and Construction Schedule. 5. Discussion of required Submittals, including, but not limited to, Work Plans, Traffic Control Plans, Safety Programs, Construction Photographs. 6. Procedures and processing of Shop Drawings and other submittals, substitutions, Applications for Payment, Requests for Information, Request for Proposal, Change Orders, and Contract Closeout. 7. Scheduling of the Work and coordination with other contractors. 8. Review of Subcontractors. 9. Appropriate agenda items listed in this Section, 1.06 "Site Mobilization Conference", when Preconstruction Conference and Site Mobilization Conference are combined. 10. Procedures for testing. 11. Procedures for maintaining Project Record Documents. 12. Designation of the individual authorized to execute change documents and their responsibilities. 13. Discussion of requirements of a Trench Safety Program. 1.06 SITE MOBILIZATION CONFERENCE A When required by Section 01100—Summary of Work,Engineer will schedule a Site Mobilization Conference at the Project Site prior to Contractor occupancy. B Attendance Required: Engineer representatives, Consultants, Contractor's Superintendent, and major Subcontractors. C Agenda: 1. Use of premises by Owner and Contractor 2. Safety and first aid procedures 3. Construction controls provided by Owner 4. Temporary utilities 5. Survey and layout 6. Security and housekeeping procedures 1.07 PROGRESS MEETINGS A Progress Meetings shall be held at Project Site or other location as designated by the Engineer. Meeting shall be held at monthly intervals, or more frequent intervals if directed by Engineer. B Attendance Required: Job superintendent, major Subcontractors and suppliers, Engineer representatives, and Consultants as appropriate to agenda topics for each meeting. C Engineer or City's representative will make arrangements for meetings,and recording minutes. D Engineer or City's representative will prepare the agenda and preside at meetings. 02/2008 01310-2 of 3 CITY OF PEARLAND COORDINATION AND MEETINGS E(.a\. Contractor shall provide required information and be prepared to discuss each agenda ' item. F Agenda: 1. Review minutes of previous meeting. 2. Review of Construction Schedule, Applications for Payment, payroll and compliance submittals. 3. Field observations,problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of Submittal Schedule and status of submittals. 6. Review status of Requests for Information, Requests for Proposal. 7. Review status of Change Orders. 8. Review of off-site fabrication and delivery schedules. 9. Maintenance of updates to Construction Schedule. 10. Corrective measures to regain projected schedules. 11. Planned progress during succeeding work period. 12. Coordination of projected progress. 13. Maintenance of quality and work standards. 14. Effect of proposed changes on Construction Schedule and coordination. 15. Other items relating to the Work. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01310-3 of 3 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION SUBMITTALS ("b‘\.1 Section 01350 S SUBMITTALS The following supplement modifies specification Section 01350 — Submittals Standard Specification. Where a portion of the Specification is modified or deleted by this Supplementary Specification, the unaltered portions of the Specification shall remain in effect. The text in BOLD shall be added. The text shown below with a STRIKE THROUGH shall be removed. 1.0 GENERAL 1.02 SUBMITTAL PROCEDURES A. Scheduling and Handling 1. Submittal Schedule to be submitted to the Engineer for review and approval. 1.12 SAMPLE WALL A. Contractor to provide a sample wall a minimum of 2-foot wide by 8-foot tall to demonstrate the building exterior. The wall should be proportional to the actual wall and show at a minimum the following: . ` 1. Stone Veneer 2. Split Face CMU 3. Pattern 4. Glass Block 5. Color Strip 6. Louver END OF SUPPLEMENTAL WHXJ2100 01350-1 of 1 CITY OF PEARLAND SUBMITTALS ("'11 Section 01350 SUBMITTALS 1.0 GENERAL This Section contains general lists of Submittals and Technical Specifications that may be required for the Work. When Submittals. are required elsewhere in these Technical Specifications,refer to this Section for Submittal requirements and procedures. 1.01 SECTION INCLUDES A Submittal procedures for:, 1. Schedule of Values. 2. Construction Schedules 3. Shop Drawings, Product Data, and Samples 4. Operations and Maintenance Data 5. Manufacturer's Certificates 6. Construction Photographs. 7. Project Record Documents 8. Design Mixes B References to the following Technical Specifications: 1. Section 01310—Coordination&Meetings 2. Section 01630—Product Options & Substitutions 3. Section 01100—Summary of Work 4. Section 01380—Construction Photographs 5. Section 01760—Project Record Documents 6. Section 02530—Gravity Sanitary Sewers 1.02 SUBMITTAL PROCEDURES A Scheduling and Handling 1. Schedule Submittals well in advance of the need for material or equipment for construction. Allow time to make delivery of material or equipment after Submittal is approved. 2. Develop a Submittal Schedule that allows sufficient time for initial review, correction,resubmission and final review of all submittals.The Engineer will review and return submittals to the Contractor as expeditiously as possible but the amount of time required for review will vary depending on the complexity and quantity of data submitted. In no case will a Submittal Schedule be acceptable which allows less than 30 days for initial review by the Engineer. This time for review shall in no way be justification for delays or additional compensation to the Contractor. 3. The Engineer's review of submittals covers conformity to the Plans,Technical Specifications, and dimensions which affect the layout. The Contractor is responsible for quantity determination. The Contractor is responsible for any errors, omissions or deviations from the Contract requirements; review of 01/2008 01350- 1 of 6 CITY OF PEARLAND SUBMITTALS submittals in no way relieves the Contractor from his obligation to furnish required items according to the Plans and Technical Specifications. 4. Submit 5 copies of documents unless otherwise specified in this Section or by individual Technical Specifications. 5. Revise and resubmit submittals as required. Identify all changes made since previous submittal. 6. The Contractor shall assume the risk for material or equipment which is fabricated or delivered prior to approval. No material or equipment shall be incorporated into the Work or included in Applications for Payment until approval has been obtained in the specified manner. B Transmittal Form and Numbering 1. Transmit each submittal to the Engineer with a transmittal form. 2. Sequentially number each transmittal form beginning with the number 1. Re- Submittals shall use the original number with an alphabetic suffix(i.e.,2A for first Re-Submittal of Submittal 2 or 15C for third Re-Submittal of Submittal 15). Each submittal shall only contain one type of work, material, or equipment. Mixed submittals will not be accepted. 3. Identify variations from requirements of Contract Documents and identify product or system limitations. 4. For submittal numbering of video tapes, see this Section, 1.10 "Video". C Contractor's Certification 1. Each submittal shall contain a statement or stamp signed by the Contractor, certifying that the items have been reviewed in detail and are correct and in accordance with Contract Documents, except as noted by any requested variance. 1.03 SCHEDULE OF VALUES A Submit a Schedule of Values at least 10 days prior to the first Application for Payment. A Schedule of Values shall be provided for each of the items indicated as Lump Sum (LS) in Section 00300 — Bid Proposal for which the Contractor requests to receive Progress Payments. B Schedule of Values shall be typewritten on 8-1/2"x 11",plain bond,white paper. Use the Table of Contents of this Project Manual as a format for listing costs of Work by Section. C Round off figures for each listed item to the nearest $100.00 except for the value of one item, if necessary, to make the total price for all items listed in the Schedule of Values equal to the applicable Lump Sum in Section 00300—Bid Proposal. D For Unit Price Contracts, items should include a proportional share of Contractor's overhead and profit, such that the total of all items listed in the Schedule of Values equals the Contract amount. For Stipulated Price Contracts,Mobilization,Bonds,and ,+ Insurance may be listed as separate items in the Schedule of Values. 01/2008 01350-2 of 6 CITY OF PEARLAND SUBMITTALS E For Lump Sum equipment items, where Submittals for Testing, Adjusting, and ' Balancing Reports in conjunction with Operation and Maintenance Data are required, include a separate item for equipment Operation and Maintenance Data Submittals and a separate item for Submittals of equipment Testing, Adjusting, and Balancing • Reports, each valued at five (5)per'cent of the Lump Sum. F Revise the Schedule of Values and resubmit for items affected by contract modifications,Change Orders,and Work Change Directives. Submit revised Schedule of Values 10 days prior to the first Application for Payment after the changes are approved by the Engineer. 1.04 CONSTRUCTION SCHEDULES A Submit Construction Schedules for the Work in accordance with the requirements of this Section. The Construction Schedule Submittal shall be,at a minimum,a bar chart, (computer generated or prepared manually) and a narrative report. B During the Preconstruction Meeting, as noted in Section 01310 - Coordination and Meetings, the Contractor shall provide a sample of the format to be used for the Construction Schedule Submittal. The format is subject to approval by the Engineer. Review of the Submittal will be provided within 7 days of the Submittal of the sample. C _Within.7 days of the receipt of approval of the Contractor's format, or 14 days of the Notice to Proceed, whichever is later, the Contractor shall submit a proposed (el") Construction Schedule for review. The Construction Schedule Submittal shall meet the following requirements: 1. The Construction Schedule shall usually include a total of at least 20 but not more than 50 activities. Fewer activities may be accepted,if approved by the Engineer. 2. For Projects with work at different physical locations,each location should be indicated separately within the Construction Schedule. 3. For projects with multiple crafts or significant subcontractor components,these elements should be indicated separately within the Construction Schedule. 4. For Projects with multiple types of tasks within the scope,these types of work should be indicated separately within the Construction Schedule. 5. For Projects with significant major equipment items or materials worth over 25 percent of the Total Contract Price, the Construction Schedule shall indicate dates-when these items are to be purchased,when they are to be delivered,and when installed. 6. For Projects where operating plants are involved, each period of work which will require the shut down of any process or operation shall be identified in the Construction Schedule and must be agreed to by the Engineer prior to starting work in the area. 7. A Billing Schedule(tabulation of the estimated monthly billings)for the Work shall be prepared and submitted by the Contractor with the first Construction Schedule. This information is not required in the monthly updates, unless (1",, significant changes in Work require re-submittal of the Construction Schedule for review. The total for each month and a cumulative total will be indicated. 01/2008 01350-3 of 6 CITY OF PEARLAND SUBMITTALS These monthly forecasts are only for planning purposes of the Engineer. Monthly payments for actual work completed will be made by the Engineer in accordance with Section 00700 - General Conditions of Agreement. D The Contractor must receive approval of the Engineer for the Construction Schedule and Billing Schedule prior to the first monthly Application for Payment. No payment will be made until these are accepted. E Upon written request from the Engineer, the Contractor shall revise and submit for approval all or any part of the Construction Schedule to reflect changed conditions in the Work or deviations made from the original plan and schedule. F The Contractor's Construction Schedule shall thereafter be updated with the Actual Start and Actual Finish Dates, Percent Complete, and Remaining Duration of each Activity and submitted monthly. The date to be used in updating the monthly Construction Schedule shall be the same Date as is used in the monthly Application for Payment. This monthly update of the Construction Schedule shall be required before the monthly Application for Payment will be processed for payment. G The narrative Construction Schedule Report shall include a description of changes made to the Construction Schedule; Activities Added to the Construction Schedule; Activities Deleted from the Construction Schedule; any other changes made to the Construction Schedule other than the addition of Actual Start Dates and Actual Finish Dates and Remaining Durations. 1.05 SHOP DRAWINGS,PRODUCT DATA,AND SAMPLES A Shop Drawings 1. Submit Shop Drawings for review as required by the Technical Specifications. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures" shall be placed on each Shop Drawing. 3. The Shop Drawing shall accurately and distinctly present the following: a. Field and erection dimensions clearly identified as such. b. Arrangement and section views. c. Relation to adjacent materials or structure including complete information for making connections between work under this Contract and work under other contracts. d. Kinds of materials and finishes. e. Parts list and descriptions. f. Assembly Shop Drawings of equipment components and accessories showing their respective positions and relationships to the complete equipment package. g. Where necessary for clarity, identify details by reference to sheet numbers and detail numbers, schedule or room numbers as shown on the Plans. 4. Shop Drawing Drawings shall be to scale,and shall be a true representation of ••"..."‘I the specific equipment or item to be furnished. 01/2008 01350-4 of 6 CITY OF PEARLAND SUBMITTALS B Product Data 1. Submit Product Data for review when required in individual Technical Specifications. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures" shall be placed on each data item submitted. 3. Mark each copy to identify applicable products,models,options to be used in this Project. Supplement manufacturers'standard data to provide information unique to this Project, where required by the Technical Specification. 4. For products specified only by reference standard, submit manufacturer,trade name, model or catalog designation, and applicable reference standard. 5. For Approved Products, those designated in the Technical Specifications followed by the words"or approved equal",submit manufacturer,trade name, model or catalog designation, and applicable reference standard. 6. For products proposed as alternates to Approved Products, refer to Section 01630-Product Options and Substitutions, 1.04"Selection Options"and 1.07 "Substitution Procedures". 7. For products that are neither Pre-Approved, Approved, specified only by reference standard, nor proposed as alternates, submit product description, trade name, manufacturer, and supplier. Contractor shall provide additional information upon written request by Engineer or Owner. C Samples 1. Submit samples for review as required by the Technical Specification. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures", shall be placed on each sample or a firmly attached sheet of paper. 3. Submit the number of samples specified inthe Technical Specification;one of which will be retained by the Engineer. 4. Reviewed samples which may be used in the Work are identified in the Technical Specifications. 1.06 OPERATIONS AND MAINTENANCE DATA A When specified in Technical'Specification,submit manufacturers'printed instructions for delivery, storage, assembly, installation, start-up, operation, adjusting, finishing, and maintenance. B Contractor's Certification, as described in this Section. 1.02"Submittal Procedures", shall be placed on front page of each document. C Identify conflicts between manufacturers'instructions and Contract Documents. 1.07 MANUFACTURER'S CERTIFICATES A When specified in Technical Specification, submit manufacturers' certificate of compliance for review by Engineer. B Contractor's Certification, as described in this Section, 1.02"Submittal Procedures", shall be placed on front page of the certificate. 01/2008 01350-5 of 6 CITY OF PEARLAND SUBMITTALS C Submit supporting reference data, affidavits, and certifications as appropriate. D Manufacturer's Certificates may be recent or previous test results on material or product, but must be acceptable to Engineer. 1.08 CONSTRUCTION PHOTOGRAPHS A Submit photographs in accordance with Section 01380—Construction Photographs. 1. Prints: Prepare 2 prints of each view and submit 1 print directly to the City's Representative within 7 days of taking photographs. One print shall be retained by the Contractor and made available at all times for reference on the job site. B PRECONSTRUCTION PHOTOGRAPHS: 1. Prior to the commencement of any construction,take digital color photographs on the entire route of the project 2. Photographs: Two prints, color, matte finish; 3 x 5 inch size, mounted on 81/2 x 11-inch soft card stock, with left edge binding margin for three hole punch, or in plastic pockets in three-ring notebook. 3. Th photographs shall show: a. Date photographs were taken b. Location of the photograph, house number and street name. (This information may be shown on a chalk board in the photograph by a label on the mountings.) 4. Photographs should show the condition of the following a. Esplanades and boulevards b. Yards (near, side and far side of street) c. Housewalk, sidewalk and driveway; curb d. Area between walk and curb 1) Particular features(yard lights, shrubs, fences, trees, etc.) 2) Landscaping and decorative features. C POST CONSTRUCTION PHOTOGRAPHS 1. On completion of construction, provide photographs of any public or private property which has been repaired or restored and any damage which is or may be the subject of complaints. 1.09 PROJECT RECORD DOCUMENTS A Submit Project Record Documents in accordance with Section 01760—Project Record Documents. 1.10 VIDEO A Submit television video in DVD format as required in individual Technical Specifications. B Transmittal forms for video disks shall be numbered sequentially beginning with TO1, T02, T03, etc. 01/2008 01350-6 of 6 CITY OF PEARLAND SUBMITTALS rib\ 1.11 DESIGN MIXES A When specified, submit design mixes for review. B Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures", shall be placed on front page of each design mix. C Mark each design mix to identify proportions,gradations,and additives for each class and type of design mix submitted. Include applicable test results on samples for each mix. D Maintain a copy of approved design mixes at mixing plant. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 01/2008 01350-7of6 CITY OF PEARLAND CONSTRUCTION SCHEDULE Section 01355 CONSTRUCTION SCHEDULE PART 1 - GENERAL 1.1 GENERAL A. Submit Construction : Schedules for the Work in accordance with the requirements of this Section. The Construction Schedule Submittal shall not be bar charts or manually prepared, but rather Critical Path method with relationships shown.,. Provide electronic schedule in Suretrack or Microsoft Project. B. Combine . activity listings and bar charts with narrative report to form Construction Schedule submittal for Project Manager. 1.2 SCHEDULE STAFF A. Employ or retain services of individual experienced in CPM scheduling for duration of the Contract. Individual shall cooperate with Project Manager and update schedule monthly as required to indicate current status of Work. 1.3 SUBMITTALS A. Conform to requirements of Section 01350—Submittal Procedures B. During preconstruction meeting, as described in Section 01310 — Coordination and Meetings, provide sample bar charts and activity listings produced from scheduling software proposed. Scheduling software is subject to review by Project Manager and must meet requirements provided in this Section. Project Manager will provide review of samples within seven days of submittal. C. Within 7 days of receipt of approval of Contractor's format, or 14 days of Notice to Proceed, whichever is later, submit proposed Construction Schedule for review. Based Construction Schedule submittal on-the following: 1. Level of detail and number of activities required in schedule are dependent on project type. a. For wastewater projects, categorize work type and area code in schedule. i. For wastewater rehabilitation projects, there are six work- type categories. An area code will be assigned for each Meter Service Area or Basin. Include at least one activity for each unique combination of work type and area code. Normal schedules- of wastewater rehabilitation projects contain between 35- and 100 activities, depending on number of basins and work types involved in each basin. WHXJ2100 Section 01355 Page 1 of 4 CITY OF PEARLAND CONSTRUCTION SCHEDULE ii. For wastewater relief projects (line work), area codes will be assigned geographically. iii. For wastewater plant or facility work, other criteria may apply to assignment of area codes, such as a combination of geographical and craft categories. b. For projects with multiple types of tasks within scope, indicate types of work separately within schedule. c. For projects with work at different physical locations or service areas, or different facilities within a site, indicate each location or facility separately within a schedule. Show work on each floor of multi-story building as separate tasks. d. For projects with multiple crafts or significant Subcontractor components, indicate elements separately within schedule. Unless permitted by Project Manager, tasks shall consist of work covered by only one division of Project Manual. 2. Unless permitted by Project Manager, each scheduled task shall be same as Schedule of Values line item, and vice versa. 3. For projects with Major Unit Price work, indicate Shop Drawing submittal and review, purchase, delivery, and Installation dates on Project schedule. Include activities for testing, adjustment, and delivering O&M manuals. 4. No task except the acquisition of Major Unit Price Work shall represent more than one percent of Original Contract Price for facility projects and three percent of Original Contract Price for other projects. Duration of tasks may not exceed 40 calendar days. 5. For projects where operating facilities are involved, identify each period of work that will impact any process or operation in the schedule and that must be agreed to by Project Manager and facility operator prior to starting work in the area. D. Construction Schedule submittals shall include: 1. Printed bar charts that meet criteria outlined in this Section and are produced by Contractor's approved scheduling software; 2. Activity listings that meet criteria outlined in this Section and are produced by Contractor's approved scheduling software; and 3. A predecessor/successor listing sorted by Activity ID that meets criteria outlined in this Section and is produced by Contractor's scheduling software. 4. A logic network diagram is required with the first Construction Schedule submittal for facilities projects. 5. Prepare and submit graphic or tabular display of estimated monthly billings (i.e. a cash flow curve for the Work) with the first schedule submittal. This information is not required in monthly updates, unless significant changes in work require re-submittal of schedule for review. Display shall allocate units indicated in bid schedule or Schedule of WHXJ2100 Section 01355 Page 2 of 4 CITY OF PEARLAND CONSTRUCTION SCHEDULE C."\, Values to Construction Schedule activities. Weighted allocations are acceptable, where appropriate. Dollar value- associated with each allocated unit will be spread across the duration of that activity on a monthly basis. Total for each month and cumulative total will be indicated. These monthly forecasts are only for Project Manager's planning purposes. Monthly payments or actual work completed will be made in accordance with Document 00700—General Conditions. 6. Narrative Report that provides the information outlined in this Section. E. No payment will be made until Project Manager approves Construction Schedule and billing forecast. F. If Contractor desires to make changes in its method of operating and scheduling, after Project Manager has reviewed original schedule, notify Project Manager in writing, stating reasons for changes. When Project Manager considers these changes to be significant, Contractor may be required to revise and resubmit for review all or affected portion of Contractor's Construction Schedule to show effect of Work. G. Upon written request from Project Manager, revise and submit for review all or any part of Construction Schedule submittal to reflect changed conditions in the Work or deviations made from original schedule. - - H. Updated Construction-Schedule with actual start and actual finish dates, percent complete, and remaining duration of each-activity shall be-submitted monthly. Data date used in updating monthly Construction Schedule shall be the same date as used in monthly Payment Application. Monthly update of Construction Schedule is required for monthly Payment Application to be,processed for payment. 1.4 SCHEDULING COMPUTER SOFTWARE REQUIREMENTS A. Contractor's scheduling software shall be capable of creating bar charts and activity listings, which can be sorted by various fields (i.e. Activity ID, Early Start, Total Float, Area Code, Specification Section number, and Subcontractor). Use software capable of producing logic network diagram. B. Use scheduling software capable of producing activity listings and bar charts with the following information for each activity in the schedule: 1. Activity ID 2. Activity Description 3. Estimated (Original) Duration 4. Remaining Duration 5. Actual Duration 6. Early Start Date WHXJ2100 Section 01355 Page 3 of 4 CITY OF PEARLAND CONSTRUCTION SCHEDULE 7. Late Start Date `} 8. Early Finish Date 9. Late Finish Date 10. Free Float 11. Total Float 12. Activity Codes (such as Area Code, Work Type, Specification Section, Subcontractor) C. Use scheduling software capable of printing calendars using mathematical analysis of schedule, indicating standard workdays of week and scheduled holidays. D. Use scheduling software capable of printing activity listings that indicates predecessors and successors, lag factors and lag relationships used in creating logic of the schedule. 1.5 NARRATIVE SCHEDULE REPORT A. Narrative schedule report shall list activities started this month, activities completed this month, activities continued this month, activities scheduled to start or complete next month, problems encountered this month, and actions taken to solve these problems. B. Narrative schedule report shall describe changes made to Construction Schedule .j logic (i.e. changes in predecessors and lags), activities added to schedule, activities deleted from schedule, any other changes made to the schedule other than addition of actual start dates and actual finish dates that changes of data date and remaining durations for re-calculation of mathematical analysis. PART 2 —PRODUCTS Not used PART 3 —EXECUTION Not used END OF SECTION WHXJ2100 Section 01355 Page 4 of 4 CITY OF PEARLAND CONSTRUCTION PHOTOGRAPHS Cs" Section 01380 CONSTRUCTION PHOTOGRAPHS 1.0 GENERAL 1.01 SECTION INCLUDES A Requirements for construction photographs and submittals. B References Technical Specifications: 1. Section 01100—Summary of Work 2. Section 01350—Submittals 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Construction Photographs under this Section. Include cost in Bid Items for installed Work. 1.03 SUBMITTALS A When required by Section 01100 - Summary.of Work, submit photographs in accordance applicable provisions of this Section. B Make Submittals required by this and related Sections under the provisions of Section 01350—Submittals. C Prepare three(3)prints of each view and submit two(2) prints directly to the Project Manager within seven(7)days of taking photographs. One(1)print shall be retained by the Contractor in the field office at the Project Site and available at all times for reference. D When requested by the Project Manager, the.Contractor shall submit extra prints of photographs, for distribution directly to designated parties who will pay the costs for the extra prints directly to the photographer. E When required by individual Sections,.submit photographs taken prior to start of the Work to show original Project Site conditions. F When required by Contract Documents, submit photographs with Application for Payment. G When required by individual Sections,submit photographs taken following completion of the Work to show the condition in which the Project Site will be left. H With each submittal,include photographic negatives in protective envelopes,identified by Project Name, Contractor, and date photographs were taken. 01/2008 01380- 1 of 3 CITY OF PEARLAND CONSTRUCTION PHOTOGRAPHS 1.04 QUALITY ASSURANCE 1 A Contractor shall be responsible for the timely execution of the photographs, their vantage point, direction of shot, and quality. 2.0 PRODUCTS 2.01 PHOTOGRAPHS A Photographs shall be digital quality and shall be submitted on a CD. B The photographs shall show on a non-elective chalkboard or white board,readable in the photograph: 1. Job number. 2. Date and time photographs were taken. 3. Location of the photograph, house number and street, along with the project number. C Indicate the condition of the following: 1. Esplanades and boulevards. 2. Yards (near side and far side of street). 3. House-walk and sidewalk. 4. Curb. 5. Area between walk and curb. 6. Particular features (yard lights, shrubs, fence,trees, etc.). 7. Date shall be on negative. 8. Provide notation of vantage point marked for location and direction of shot on a key plan of the Project Site. D Sufficient number of photographs shall be taken to show the existence or non- existence of cracked concrete and the condition of trees, shrubs and grass. E Identify each photograph with an applied label or rubber stamp on the back with the following information: 1. Name of the Project. 2. Name and address of the photographer(if a professional photographer is used). 3. Name of the Contractor. 4. Date the photograph was taken. 5. Photographs to be in plastic pockets and bound in three-ring notebook for easy access and viewing. 3.0 EXECUTION 3.01 PRECONSTRUCTION PHOTOGRAPHS A Prior to the commencement of the Work, take photographs of the entire route of the . Project Site. 01/2008 01380-2 of 3 CITY OF PEARLAND CONSTRUCTION PHOTOGRAPHS 3.02 POST-CONSTRUCTION PHOTOGRAPHS A Following the completion of the Work,take photographs from corresponding vantage points and direction of shots. 3.03 PROGESS PHOTOGRAPHS A Take photographs at intervals, coinciding with the cutoff date associated with each Application for Payment and submit on CD with monthly Application for Payment. B Select the vantage points for each shot each month to best show the status of construction and progress since the last photographs were taken. Take not less than two (2) shots from the same vantage point creating a time-lapsed sequence. C Follow direction when given by the Project Manager in selecting vantage points. END OF SECTION 01/2008 01380-3 of 3 CITY OF PEARLAND REFERENCED STANDARDS Section 01420 REFERENCED STANDARDS 1.0 GENERAL 1.01 SECTION INCLUDES A General quality assurance as related to Reference Standards and a list of references. B References to Technical Specifications: None 1.02 QUALITY ASSURANCE A For Products or workmanship specified by association, trade, or Federal Standards comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B Conform to reference standard by date of issue current on the date as stated in Section 00700—General Conditions of Agreement. C Request clarification from Engineer before proceeding should specified reference standards conflict with Contract Documents. rib\ 1.03 SCHEDULE OF REFERENCES AASHTO American Association of State Highway and Transportation Officials 444 North Capitol'Street,N.W. Washington, DC 20001 ACI American Concrete Institute P.O. Box 19150 Reford Station Detroit, MI 48219-0150 AGC Associated General Contractors of America 1957 E Street, N.W. Washington, DC 20006 AI Asphalt Institute Asphalt Institute Building College Park, MD 20740 AITC American Institute of Timber Construction 333 W. Hampden Avenue ("l`'\ Englewood, CO 80110 02/2008 01420- 1 of 5 CITY OF PEARLAND REFERENCED STANDARDS AISC American Institute of Steel Construction 400 North Michigan Avenue, Eighth Floor Chicago, IL 60611 AISI American Iron and Steel Institute 1000 16th Street, N.W. Washington, DC 20036 ASME American Society of Mechanical Engineers 345 East 47th Street New York,NY 10017 ANSI American National Standards Institute 1430 Broadway New York, NY 10018 APA American Plywood Association Box 11700 Tacoma, WA 98411 API American Petroleum Institute 1220 L Street, N.W. ^� Washington, DC 20005 AREA American Railway Engineering Association 50 F Street, N.W. Washington, DC 20001 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 AWPA American Wood-Preservers'Association 7735 Old Georgetown Road Bethesda, MD 20014 AWS American Welding Society P.O. Box 35104 Miami, FL 33135 AWWA American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 02/2008 01420-2 of 5 CITY OF PEARLAND REFERENCED STANDARDS CLFMI Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue, N.W. Washington, DC 20036 CRD U.S.A. Corps of Engineers Code of Ordinances City of Pearland 3519 Liberty Drive Pearland, TX 77581 CRSI Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg, IL 60173-4758 EJMA Expansion Joint Manufacturers Association 707 Westchester Avenue White Plains, NY 10604 FDA U.S. Food and Drug Administration 5600 Fisher Lane Rockville, MD 20857-.0001 FS Federal Standardization Documents General Services Administration, Specifications Unit(WFSIS) 7th and D Street S.W. Washington, DC 20406 ICEA Insulated Cable Engineer Association P.O. Box 440 S. Yarmouth,MA 02664 IEEE Institute of Electrical and Electronics Engineers 445 Hoes Lane - P.O. Box 1331 Piscataway,NJ 0855-1331 MIL Military Specifications General Services Administration, Specifications Unit(WFSIS) 7th and D Street S.W. Washington, DC 20406 NACE National Association of Corrosion Engineers P. O. Box 986 ' Katy, TX 77450 02/2008 01420-3 of 5 CITY OF PEARLAND REFERENCED STANDARDS NEMA National Electrical Manufacturers' Association . 2101 L Street, N.W., Suite 300 Washington, DC 20037 NFPA National Fire Protection Association Batterymarch Park, P.O. Box 9101 Quincy,MA 02269-9101 OSHA Occupational Safety Health Administration U.S. Department of Labor, Government Printing Office Washington, DC 20402 PCA Portland Cement Association 5420 Old Orchard Road Skokie, IL 60077-1083 PCI Prestressed Concrete Institute 201 North Wacker Drive Chicago, IL 60606 SDI Steel Deck Institute Box 9506 Canton, OH 44711 SSPC Steel Structures Painting Council 4400 Fifth Avenue Pittsburgh, PA 15213 TAC Texas Administrative Code TCEQ Texas Commission on Environmental Quality P. O. Box 13087 Austin, TX 78711-3087 TxDOT Texas Department of Transportation 125 East 11th Street Austin, TX 78701-2483 Texas MUTCD Texas Manual on Uniform Traffic Control Devices (2003 Adoption) (published by Texas Department of Transportation) UL Underwriters'Laboratories,Inc. 333 Pfingston Road Northbrook, IL 60062 UNI-BELL UNI-BELL Pipe Association 2655 Villa Creek Drive, Suite 155 02/2008 01420-4 of 5 CITY OF PEARLAND REFERENCED STANDARDS Dallas, TX 75234 WRI Wire Reinforcement Institute 942 Main Street—Suite 300 Hartford, CT 06103 WWD/PI Water Well Drillers and Pump Installers Advisory Council Texas Department of Licensing and Regulation P.O. Box 12157 Austin, TX 78711 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01420-5 of 5 CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL ral) Section 01430 CONTRACTOR'S QUALITY CONTROL 1.0 GENERAL 1.01 SECTION INCLUDES A Quality assurance and control of installation and manufacturer's field services and reports. B References to Technical Specifications: 1. Section 01350—Submittals 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 QUALITY ASSURANCE/CONTROL OF INSTALLATION A Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce the Work of specified quality at no additional cost to the Owner. B Comply fully with manufacturers' installation instructions, includingstep each in sequence. C Request clarification from Project Manager before proceeding should manufacturers' instructions conflict with Contract Documents. D Comply with specified Standards as minimum requirements for the Work except when more stringent tolerances,codes,or specified requirements indicate higher standards or more precise workmanship. E Perform work by persons qualified to produce the specified level of workmanship. F Obtain copies of Standards and maintain at Project Site when required by individual Technical Specifications. 1.04 MANUFACTURERS' FIELD SERVICES AND REPORTS A When specified in individual Technical Specifications, provide material or product suppliers' or manufacturers' technical representative to observe site conditions, conditions of surfaces and installation,quality of workmanship,start-up of equipment, operator training, test, adjust, and balance of equipment as applicable, and to initiate operation,as required. Conform to minimum time requirements for start-up operations and operator training if defined in Technical Specifications. 02/2008 01430- 1 of 2 CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL B At the Project Manager's request, submit qualifications of manufacturer's ; representative to Project Manager fifteen (15) days in advance of required representative's services. The representative shall be subject to approval of Project Manager. C Manufacturer's representative shall report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers'written instructions. Submit report within one(1)day of observation to Project Manager for review. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01430-2 of 2