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R-2014-113 2014-09-22
RESOLUTION NO. R2014-113 A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for construction services, associated with the Business Center Drive Library Expansion Project, to Construction Masters of Houston, Inc., in the amount of $279,700.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That bids were obtained for the expansion of the Business Center Drive Library. Section 2. That the City Council hereby awards a bid to the Construction Masters of Houston, Inc., in the total amount of $279,700.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for construction of the Business Center Drive Library Expansion Project. PASSED, APPROVED and ADOPTED this the 22nd day of September, A.D., 2014. ATTEST: NG •= IN Y SE ETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR 4./ -.<A. Project Manual for: BUSINESS CENTER DRIVE LIBRARY EXPANSION Bid No.: 0714-51 July 31, 2014 Prepared by: Resolution No. R2014-113 Exhibit "A" WILSON ARCHITECTURAL GROUP Architect 5051 Westheimer, Suite 200 Houston, Texas 77056 (713) 621-8714 CITY OF PEARLAND TABLE OF CONTENTS (11.'‘ NOTE: Bold Specification Sections can be found on the City of Pearland Web Site at http://pearlandtx.gov/departments/engineering-and-capital- projects/projects/downloads/standard-construction-documents (or at http://pearlandtx.gov/home by going to the Department of Engineering, Standard Document & Specifications). SECTION TITLE DIVISION 0—BIDDING AND CONTRACT DOCUMENTS 00100 Invitation to Bid 00200 Instructions to Bidders 00300 Bid Proposal 00500 Standard Form of Agreement 00610 Performance Bond 00611 Payment Bond 00612 One-Year Maintenance Bond 00615 Partial Waiver of Lien 00700 General Conditions of Agreement 00800 Special Conditions of Agreement 00811 Wage Scale for Engineering Construction DIVISION 1 —GENERAL REQUIREMENTS 01100 Summary of Work 01140 Contractor's Use of Premises 01200 Measurement and Payment Procedures 01290 Change Order Procedures 01310 Coordination and Meetings 01350 Submittals 01380 Construction Photographs 01420 Referenced Standards 01430 Contractor's Quality Control .•`' ® � 'v+;, 01440 Inspection Services a\"q E. , ,# a` ✓ 01500 Temporary Facilities and Controls ar ' • 01505 Mobilization o."�' �t• ' a 01562 Waste Material Disposal °J- a 01600 Material and Equipment , d' /14143 co 01630 Product Options and Substitutions r '� �4 t0 F ��- • ��,� 01730 Cutting and Patching %„v.. .04' 01750 Starting Systems 01760 Project Record Documents /rr'' 01770 Contract Closeout END OF SECTION 00010- 1 of 3 CITY OF PEARLAND TABLE OF CONTENTS CITY OF PEARLAND (.1-‘ CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS FOR BUSINESS CENTER DRIVE LIBRARY EXPANSION TABLE OF CONTENTS DIVISION 6-WOOD AND PLASTICS 06402 Interior Architectural Woodwork 6 DIVISION 7-THERMAL AND MOISTURE PROTECTION 07841 Through-Penetration Fire stop Systems 6 07920 Joint Sealants 4 DIVISION 8-DOORS AND WINDOWS 08121 Prefabricated Interior Aluminum Frames 3 08211 Flush Wood Doors 4 08305 Access Doors 2 08711 Door Hardware 7 08800 Glass and Glazing DIVISION 9-FINISHES 09260 Gypsum Board Assemblies 8 09510 Acoustical Ceiling Systems 6 09651 Resilient Floor Tile 4 09681 Carpet Tile 4 09900 Painting 8 DIVISION 10-SPECIALTIES 10520 Fire Protection Specialties 2 DIVISION 11-NOT USED DIVISION 12 -FURNISHINGS 12494 Roller Shades DIVISION 13 -SPECIAL CONSTRUCTION 13230 Computer Equipment DIVISION 14-NOT USED. (-\ DIVISION 15-MECHANICAL Refer to Drawings. Nolo-2 of 3 CITY OF PEARLAND TABLE OF CONTENTS DIVISION 16-ELECTRICAL Refer to Drawings. END OF SECTION C 00010-3of3 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: https://pearland.ionwave.net/Login.aspx. 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. When prompted to add or remove commodity codes registrants must add the codes listed below: * Building Construction Services, New(Includes Maintenance and Repair Services) * Construction Services, General (Includes Maintenance and Repair Services) * Construction Services, Heavy(Includes Maintenance and Repair Services) * Construction Services, Trade (New Construction) For more information regarding registration instructions, see INSTRUCTIONS TO 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( pearlandtx.gov. 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, August 19, 2014. 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: Business Center Driver Library Expansion City of Pearland, Texas COP PN: FA1403 BID NO.: 0714-51 A mandatory pre-bid conference will be held at the City of Pearland City Hall at 3519 Liberty Drive, Pearland, Texas 77581 at 2:00 p.m. on August, 13, 2014. The project will entail the 4,000 square foot interior build out expansion of the existing library facility. The expansion is within a retail shell space. The facility will include two study rooms;two offices for staff; the expansion of the existing workroom; reconfiguration of the existing breakroom; additional comuter sections; reading areas; and the relocation/reconfiguration of the existing circulation desk. Mechanical, electrical, and plumbing, including a roof top air handling 05-2014 00100- 1 of 4 CITY OF PEARLAND INVITATION TO BID system are also programmed in the expansion. The facility will be a branch of the Brazoria County Library System 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: https://pearland.ionwave.net/Login.aspx 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. 05-2014 00100-2 of 4 CITY OF PEARLAND INVITATION TO BID 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). 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. Nondiscrimination: The City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- Assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. 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 (1 \ City Secretary, City of Pearland 05-2014 00100-3 of 4 CITY OF PEARLAND INVITATION TO BID C First Publication date July 31, 2014 Second Publication date August 7, 2014 C C 05-2014 00100-4 of 4 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(1111' 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 https:!/pearland.ionwave.net/Login.aspx. 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. When prompted to add or remove commodity codes registrants must add the codes listed below: * Building Construction Services,New (Includes Maintenance and Repair Services) * Construction Services, General (Includes Maintenance and Repair Services) * Construction Services, Heavy(Includes Maintenance and Repair Services) * Construction Services, Trade (New Construction) 05-2014 00200- 1 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Select the appropriate Time Zone for the Bidder's location and whether that location observes Daylight Savings time. Complete the registration information providing all required contact information and establish password security for the E-bid System. Once complete, "suppliers" will receive emails notifying of bid opportunities. Downloading any project bid data will automatically place the bidder's contact information on the list of plan holders list and the E- bid System will automatically send any and all updates, changes or addenda associated with that project. 2.2 The electronic Bid Proposal can only be submitted through this system. The form can be printed for Bidder's use, but the Bid Proposal MUST be submitted on the electronic form within the E-bid System. 2.3 Questions regarding use of the E-bid System may be directed by email to: ebids@pearlandtx.gov. 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: ra'\, 1) A brief narrative of previous experience of the Bidder with projects of a similar nature and scope; 05-2014 00200=2 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 2) A list, including owner name and project location, of on-going projects and contracts for construction of projects of the Bidder which are not yet substantially complete; 3) A list of proposed subcontractors and suppliers for the project being bid; 4) A list of name, address and telephone number of references for projects completed by Bidder; and 5) A Financial Statement of Bidder, consisting of the balance sheet and annual income statement of Bidder for the Bidder's last fiscal year end preceding the submission of the Bid Proposal, which has been audited or examined by an independent certified public accountant. The Financial Statement of Bidder shall be used to determine a Bidder's net working capital, which is defined as current assets less current liabilities. A Bidder's net working capital shall; be considered evidence of the Bidder's ability to provide sufficient financial management of the project being bid. The Bidder's Financial Statement shall be clearly and conspicuously marked as "confidential", and shall be deemed and treated as confidential and excepted from the Public Information disclosure requirements of Texas Government Code Section 552.001 et seq., as such information, if released, would give advantage to a competitor or bidder, and/or would cause substantial competitive harm to Bidder. 5. Examination of Contract Documents and Site 5.1 It is the responsibility of each Bidder before submitting a Bid Proposal, to (a) examine the Bidding Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors, omissions or discrepancies in the Contract Documents, (f) to recognize and plan for use of the City's "Pro-Trak" software to administer the construction process and perform the work of the project. 5.2 Any reports of explorations and tests of conditions at the site which have been utilized by the Engineer in preparation of the Contract Documents will be made available to Bidders for review, but such reports are not part of the Contract Documents. Bidder may not and should not rely upon the accuracy of the data contained in such reports, interpretations or opinions contained therein, or the completeness thereof, for the purposes of bidding or construction. 5.3 Information and data reflected in the Contract Documents with respect to underground utilities, equipment or other underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof. 5.4 Before submitting a Bid Proposal, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid Proposal prices for performing and furnishing the Work in 05-2014 00200-3 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS accordance with the Contract Time, Contract Price and other terms and conditions of the. Contract Documents. 5.5 On request in advance, Owner will provide each prospective Bidder access to the site to conduct such explorations and tests as each prospective Bidder deems necessary for submission of a Bid Proposal. Prospective Bidders shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 5.6 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands, access thereto or contractual arrangements for use by the Contractor required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 5.7 The submission of a Bid Proposal will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid Proposal is premised upon performing and furnishing all of the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in, required by or reasonably inferred from the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. Interpretations and Addenda 6.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered or transmitted by electronic means to all registered Bidders in the City's E-bid System. Questions received less than five (5) days prior to the date for opening of Bid Proposals may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. Addenda will automatically be made available to all registered Bidders that have downloaded Bid Documents from the City's E-bid System. 7. Bid Security 7.1 Each Bid Proposal must be accompanied by bid security made payable to Owner in an amount of five percent (5%) of the Bidder's maximum Bid Proposal price, in the form of a certified check, cashier's check or a Bid Bond("Bid Security"). 7.2 Bidders submitting bids through the E-bid System shall scan and up-load a copy of their Bid Security (sealed Bid Bond, Certified Check or Cashier's Check ) as an attachment to their electronic bid. Original documents for Bid Security shall be requested by the City from the lowest two bidders and delivered to the City's Purchasing Officer within 48 05-2014 00200-4 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 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) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. 05-2014 00200-5 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 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 (""\ https://pearland.ionwave.net/Loclin.aspx. 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. 05-2014 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 Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the 05-2014 00200-7 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 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 05-2014 00200-8 of 8 CITY OF PEARLAND BID PROPOSAL Section 00300 BID PROPOSAL Part A Date: 9/22/14 Bid of Construction Masters of Houston, Inc:an individual proprietorship/a co orate organized and existing under the laws of the State of Texas/a partnership consisting of , for the construction of: Business Center Drive Library Expansion City of Pearland,Texas COP PN: FA1403 BID NO.: 0714-51 (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 Business Center Drive Library Expansion with all related appurtenances, complete, tested, and operational, in accordance with the Plans and Specifications prepared by the Architect, Wilson Architectural Group, 5051 Westhimer Rd., Suite 200, Houston, Texas 77056, for the unit prices or applicable prices set forth in Exhibit"A", the electronic bid form as contained in the City's E-bid system, which, once fully executed and submitted shall constitute a legal and executable proposal from the Bidder. It is understood that, in-the event any changes are ordered on any part of the Work, the applicable unit prices bid shall apply as additions to or deductions from the total prices for the parts of the Work so changed. The Bid Security required under the Instructions to Bidders is included and has been uploaded as an attachment within the E-bid system and, that a fully executed, signed and sealed hard copy has been delivered to the Office of City Purchasing, Finance Department, 2nd Floor, City Hall, 3519 Liberty Drive,Pearland, Texas 77581. The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial Statement of Bidder, as required by the Instructions to Bidders if requested to do so as a condition of the Bid review. The Bidder binds himself, upon acceptance of his proposal, to execute the Standard Form of Agreement and furnish an acceptable Performance and Payment Bond , each in the amount of one hundred percent (100%) of the total Contract Price, according to the forms included in the Contract Documents, for performing and completing the said work within the time stated and for the prices stated in Part B of this proposal along with all required insurance in the required amounts. Bidder's Initial : 10-2012 0030 f2 CITY OF PEARLAND BID PROPOSAL 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 Sixty(60) 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 as may be agreed to in writing by the City of Pearland and Bidder. It is understood that in the event the Successful Bidder fails to enter into the Standard Form of Agreement and/or to furnish an acceptable Performance and Payment Bond , each in the amount of one hundred (100) percent of the Contract Price, along with all required insurance in the stated amounts within ten (10) days of the Notice of Award, the Successful Bidder will forfeit the Bid Security as provided in the Instructions to Bidders. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s). The Bidder acknowledges that the following Addenda have been received. The modifications to the Bidding Documents noted therein have been considered and all costs thereto are included in the Bid Proposal prices. Addendum No.: 1 Date: 8/08/14 Addendum No.: Date: Addendum No.: 2 Date: 8/15/14 Addendum No.: Date: Bidder hereby represents that the only person or parties interested in this offer as principals are those named. Bidder has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding. Firm Name: Construction Masters of Houston, Inc. By: Justin Davis Title: Vice President Address: 3908 3rd St. , Pearland, TX 77581 Phone No: 281-997-2640 ATTEST: Justin Davis (Seal,if Bidder is a Corporation) (Typed or Printed_Ne_)_ Siig�rature Date. September 22, 2014 Incorprated in the State of Texas END OF SECTION Bidder's Initial's 10-2012 003'0 -2 of 2 L CITY OFPEARLAND BID PROPOSAL . • EXHIBIT "A" - BID FORM • Item Number I Item Description I Unit I Estimated Quantity I Unit Price I Total SECTION 1-BASE BID 1.01 Furnish material and labor to build out approximately 4,000 SF of interior building space with'associated LS 1 $279,700.60 HVAC,electrical,and plumbing systems per contract documents. There is an existing utility leave-out at the rear of the space that will be required to be in-filled. The expansion includes: expanded work area, relocation of existing customer counter,relocated stacks,teen-area,private study rooms with glass,librarian offices,renovation of the staff lounge area,and window coverings.Architectural finishes will match existing such as ceiling grid and tile,lighting,hardware,doors and other related architectural items.Library furniture will be provided by others. BID SUMMARY TOTAL BASE BID(SECTION 1+SECTION 2) $ 279,700.00 - • 08/2012 00300-Al • CITY OF PEARLAND STANDARD FORM OF AGREEMENT 7\y Section 00500 STANDARD FORM OF AGREEMENT THIS AGREEMENT is by and between City of Pearland(hereinafter called OWNER or City) and Construction Masters of Houston,Inc. (hereinafter.called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all work as specified or indicated in or reasonably inferable from the Contract Documents(hereinafter the "Work"). The Work is generally described as follows: Business Center Drive(Westside) Library City of Pearland,Texas COP PN: FA1403 BID NO.:.0714-51 Article 2. ARCHITECT The Work has been designed by Wilson.Architectural Group,:5051 Westheimer, Suite 200, Houston, Texas 77056, Debbi Mulcahy who is hereinafter called ARCHITECT and who is to assume all duties and responsibilities and have the rights and authority assigned to ARCHITECT in the.Contract Documents in connection with completion of the.Work in accordance with the Contract Documents: Article 3. CONTRACT TIME 3.1 The Work will be Substantially Complete (as defined in Article 1 of the General Conditions) within sixty (60) 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 ninety (90)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 for Substantial Completion until the Work is substantially complete.: After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete 10/2012 00500- 1 of7 CITY OF PEARLAND . STANDARD FORM OF AGREEMENT 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 $279,700.00 (the "Contract Price"). The Contract Price includes the Base Bid as shown in Document 00300.— Bid Proposal. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Section 6.0 "Measurement and Payment" of the General Conditions. Application for Payment will be processed by ARCHITECT 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 ARCHITECT as provided below. All progress payments will be on the basis of the progress of the Work and actual quantity of Work completed, in. accordance with Article 6 "Measurement and Payment" of the General Conditions.. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage or actual quantity of Work complete, but, in each case, less the aggregate of payments previously made and less such amounts as ARCHITECT shall determine, or OWNER may withhold, in accordance with the General Conditions. The OWNER shall make payment within 30 days of receipt of application for payment by the ARCHITECT. 5.1.2 Each progress payment shall be less retainage as specified in Paragraph 6.06 of the General Conditions, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may upon written recommendation of the ARCHITECT pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER's option, may be relieved of the obligation 10/2012 00500-2 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 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 ARCHITECT 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 e Texas Government Code, as amended. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER. to enter into this Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and.Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all available surveys, assessments,reports of explorations, investigations, and tests of subsurface conditions and drawings of physical conditions of: the site. Such technical reports and drawings are not Contract Documents, and Owner makes.no representations or warranties as to the accuracy of such documents or information, or to whether or not they are complete, comprehensive, or all-inclusive. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work ,and CONTRACTOR assumes the risk of, such subsurface and physical conditions, and shall furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests,reports, and studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7A CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional. :examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said 10/2012 00500-3 of 7 CITY OF PEARLAND . STANDARD FORM OF AGREEMENT 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 ARCHITECT 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 ARCHITECT. In the event of a conflict that was not brought to the OWNER's or ARCHITECT's attention prior to the bid, the CONTRACTOR is assumed to have bid the most expensive alternative. Article 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consist of the following, each of which are incorporated herein by reference: 8.1 Standard Form of Agreement(Section 00500). 8.2 Performance, Payment, and/or Maintenance Bonds (Sections 00610, 00611, and 00612). 8.3 General Conditions of Agreement (Section 00700), including Attachment No. 1 Workers' Compensation Insurance Coverage, Attachment No. 2 Agreement for Final Payment and Contractor's Sworn Release, and Attachment No. 3 Owner's. Insurance Requirements of Contractor. 8.4 Special Conditions of Agreement(Section 00800). 8.5 Plans, consisting of sheets numbered 1 through 24 inclusive with attachments with each sheet bearing the following general title: Business Center Drive Library Expansion 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. (11"'\.: - 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 10/2012 00500-4 of 7 • CITY OF PEARLAND STANDARD FORM OF AGREEMENT General Conditions. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Section 1, "Definitions and Interpretations" of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not .be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an : . assignment, no assignment will release or discharge the assignor from any.duty or responsibility under the Contract.Documents. . 9.3 OWNER and CONTRACTOR each binds:itself, its partners, successors, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 CONTRACTOR agrees to warranty the Work for a period of one (1): year from rb Substantial Completion against defects in materials and workmanship. CONTRACTOR agrees,to repair or replace any defective work within this warranty period immediately unless such repairs require long lead time materials and equipment in which case CONTRACTOR shall provide an agreeable schedule for repairs at no additional cost to OWNER. 9.5 The Work will be completed according to the Contract Documents.and in accordance with codes, ordinances, and construction standards of the City. of Pearland, and all applicable laws, codes and regulations :of governmental authorities. 9.6 In the event any notice period required under the Contract Documents is found to be shorter than any minimum period prescribed by applicable law,the notice period required shall be construed to be the minimum period prescribed by applicable law. 9.7 This Contract and the Contract Documents, insofar as they relate in any part or in any way to the Work undertaken therein, constitute the entire agreement between the parties hereto, and it is expressly understood and agreed that there are no agreements or promises by and between said parties, except as aforesaid, and that any additions thereto or changes shall be in writing. 9.8 The provisions of this Contract shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and the intent of the parties, but if for any reason any provision is unenforceable or invalid, such provisions shall be deemed severed from this Contract and the.:remaining 10/2012 00500-5 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT provisions shall be carried out with the same force and effect as if the severed provision had not been part of this Contract. 9.9 The headings of the paragraphs are included solely for the convenience of reference and if there is any conflict between the headings and the text of this Contract, the Contract text shall control. 9.10 The waiver of any breach hereof shall not constitute a waiver of any subsequent breach of the same or any other provision hereof Failure by the OWNER in any instance to insist upon observance or performance by CONTRACTOR shall not be deemed a waiver by CONTRACTOR of any such observance or performance.: No waiver will be binding upon OWNER unless in writing and then will be for the particular instance only. Payment of any sum by OWNER to CONTRACTOR with knowledge of any breach or default will not be deemed a waiver:of such breach or default or any other breach or default. 9.11 The CONTRACTOR acknowledges that the OWNER(through its employee handbook)considers the following to be misconduct that is grounds for termination of an employee of the OWNER: Any fraud, forgery,misappropriation of funds, receiving payment for services not performed or for hours not worked,mishandling or untruthful reporting of money transactions, destruction of assets,embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the OWNER. The CONTRACTOR agrees that it will not, directly or indirectly; cause an employee of ` = the OWNER to engage in such misconduct. 10/2012 00500-6 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT • IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and one to CONTRACTOR. This Agreement will be effective upon execution and attestation by authorized representatives of the City of Pearland and upon the following date: 1111MiviaL4dr 21, , 20M. OWNER: CONTRACTOR: CITY OF PE ConstructionMast-erp of Houston, Inc. - ' By: By:• 41@ecy -- Justin I2A#1 Title: Title: v .e,6 President • Date: Oi. 2 .1 Date: September 22, 2014 • - - 7 • •:: ••• : z (Corporate Seal) .‘` 'in too ATTEST ATTEST 17 pt-y-Marji Carns Address for giving notices Construction Masters of Houston, Inc. P. O. Box 1587 Pearland, TX 77588 Phone: 281-997-2640 Fax: 281-485-4702 Agent for service of process: END OF SECTION 10/2012 00500-7 of 7 Bond No: 54-201502 CITY OF PEARLAIVD 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$279,700.00***. for the payment whereof,the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns,jointly and severally,by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as. of the day of ,20_,(the"Contract") to commence and complete the . construction of certain improvements described as follows: • Business Center Drive(Westside)Library City of Pearland,Texas COP PN: FA1403 BID NO.: 0714-51 which.Contract, including the Contract Documents as defined therein, is hereby.refeired to and made a part hereof as fully and to the same extent as if copied at Iength 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'GovernmentCode 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, oi 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 • eriki CITY OF PEARLAND PERFORMANCE BOND IN WITNESS WHEREOF,.the said Principal and Surety have signed and sealed this anstcu[nent this 22nd day of September ,2014. Piincipal:. Surety: Construe ' ers of Houston,Inc: Uni s' _it-Al ir-Al as ty Corns any I I 1,77, A rx By:f By: Zoor �� Mar mith . .Apr Title: Vt cc, nresv i i e 1,-L Title: Att c rney=in-Fact Address:: Address: 3908 3rd Street _ 118 Second Avenue SE. Pearland,Texas 77581 Cedar Rapids,Iowa 52401 Telephone:. 281-997-2640 Telephone: 800-343-9130 281-485=4702 .. Fax 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,CEDAR,RAPIDS,IA Inquiries Suret)Department UNITED FIRE&`INDEMNITY COMPANY;GALVEST•ON,TX :181Second Ave SE' FINANCIAL PACIFIC INSURANCE COMPANY,ROCKLIN,CA Cedar Rapids,IA 52401 CERTII41ED.COPY OF POWER OF,ATTORNEY::: (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 under , t11e laws of the State:of Iowa UNITEDFIRE.&INDEMNITY COMPANY,a corporation duly organized and existing under,the laws of the State of; Texas :and;FINANCIAL PACIFIC INSURANCE COMPANY a corporation duly organized and existing'under.the laws.of the.State of California (herein collective) called the.Companies and`havin their corporate headquarters in Cedar;?Raids;State of;Iowa does-make,.constitute and appoint a .A. 'SHOTWELL, JR. , OR MARK )SMITH, GR"BETTY BUSH, OR PATSY-BEALL,p OR JOSEPH CHARLES BLACKSHEAR, JR. , OR DONNA. WEINEL,. ALL INDIVIDUALLY of TEXAS CITY TX • their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign,seal and execute in its behalf all lawful bonds,undertakings and other obligatory instruments of similaenature provided that no single obligation shall exceed $15,000.,000 200. and to bind;the Companies thereby as fully and to the same extent_as if such instruments were signed by the:duly.authorized officers:of the Companies `and all of the acts of said:Attorney,pursuant to the authority hereby given.and hereby ratified and confirmed The Authority hereby granted is:continuous and shall remain in full,force and effect until revoked.by UNITED FIRE&CASUALTY COMPANY, : ;. UNITED;FIRE&INDEMNITY COMPANY,AND FINANCIAL`PAC.IFIC INSURANCE:COMPANY ' , This Power of Attorney is made,and executed pursuant to and by authority of the following bylaw duly adopted on May 15,2013,by the Boards of Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL:.PAC:IFIC INSURANCE COMPANY "Article VI—Surety Bonds and Undertakings" Section 2,Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Companies may 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 ' undertakings;and other:obligatory instruments of like nature. The signature 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 certification of either authorizedhereby; such signature and seal, ' when so used,being adopted by the Companies as 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 :subiect:to the limitations set forth in their:respective certificates of authority shall have full power to bind the Companies by.;:their signaature 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 at'any time:revoke all power and authority previously given to any attorney-in-fact "`" 1`I'll IN WITNESS WHEREOF,the COMPANIES have each caused these presents to be signed by its ``�`�,6, �,rC' ``�O�l$iNDJEL/��/��' � `1�,1Adnl Ul,ppi .. S_!p -W,,,,•' G\E1G INSUggy,� vicepresident and its corporate seal to be hereto affixed this 27th 'day of November, 2013 �° CORPORATE�"{� a k oo a CP GOPPOfjgl.c,�,., � Y -a CORPORATE b-&. . For'% UNITED FIRE&CASUALTY..COMPANY °� .-7” r SEAL Y =6 I866 UNITED FIRE&INDEMNITY COMPANY 2 [ �P:' %+aR„P,ps,°o �6 ��!FOP •"t,. FINANCIAL PACIFIC INSURANCE COMPANY nnliiullll`0 '�«,n11,;,uo"°��'` By. ;State of Iow Coun of Linn,as:. Vice President On 27th day of November,`.2013, before me personally came Dennis J. Richmann to me known,who being by me duly sworn,did depose and say;that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of UNITED FIRE• &;:CASUALTY COMPANY a;Vice President of.UNITED:FIRE& INDEMNITY"COMPANY,:and.a Vice:President:::of FINANCIAL PACIFIC INSURANCE COMPANY the corporations described in-and which executed the above instrument that he knows the seal of:said corporations that the seal affixed to the said instrument is such corporate seal:;that it was so•affixed pursuant to(authonty.'given by the Board of Directors of said corporations •and that he signed his naiti thereto pursuant to'like authority and acknowledges same to lie the act and deed>of said corporations Judith A Davis '1 'o Iowa Notarial Seal •® ♦� . Notary Plil)IIE tie • Commission number 173041 4/23/2015 My commission expires: owi M•y:Com• mission Expires 4/23/2015 I David A Lange, Secretary of UNITED:FIRE&CASUALTY COMPANY and:Assistant Secretary'of ITED:FIRE&INDEMNITY COMPANY and Assistant Secretary of FINANCIAL PACIFIC'INSURANCE 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.bylaws and resolutions of.said;Corporations as set forth::in said-Power of Attorney with.the : ORIGINALSI•ON FILE::IN THE,HOME OFFICE OF SAID•'CORPORATIONS and that the saute are correct transcripts Thereof and'of the.whole ofthe ower of Attorney has not Been revoked-arid is now in full force and effect. In testimony,whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations — -- - .- .,this 22rid day of September : '::; 2014. . IIIIII„ 1\glllll/jjl, �� �,USL.I'��,, �1 a�NnGvr'�, "` :INS(/r' .� `VY i, .4- •?). : �. OAF �.Y • y///i Co q4 no yP pAPOHq? c� /`� T w CORPORATE > R CO:. ..:. T'E 9 :U =GOLY 27.. i BY_ �, 7 '' 3 SEAL 2 =a•. 1986 a .. � .: - SEAL :Z'"C� P 2 _ -. ',;,'r:R,,,os'°•, ',,n`; N.i'i -.9,, Secretary,OF&C I,„I1111U1%%. �11111i,,,,, ��rH,,,l1111114.0% Assistant S cretary,OF& BP0A0049 091.3 United Fire&Casualty Company lel 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 rki 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: 31.9-399-5790 FAX:.319-399-5425 Bond No. 54-201502 1 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 1 . 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 pinncipals, are held and firmly bound unto: City of:Pearland as Obligee :(Owner); in the penal sum of$279;700:00*** . for the:paymentwhereof; the said Principal and Surety:bind themselves,:and their heirs,administrators; executors,successors, and . assigns,jointly and severally,by these presents: WHEREAS, the Principal has entered into a certain written contract with the:Owner, effective as of the day of , 20_, (the"Contract") to commence and complete the . construction of certain improvements described as follows: . Business Center Drive(Westside)Library City of Pearland,•Texas COP PN: FA1403 BID NO.:0714-51 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 terns of the contract, or to the Work -performed thereunder, or the plans, . specifications, or drawings accompanying the seine,: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 PEARLAIVD PAYMENT BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 22nd day of September ,2014, Principal: Surety: Construct' sters of Houston, Inc. Un Fire asu Coin any By Mark ith il Title: Vice- re5-ti11-61A— Title: Attorney-in-Fact ` _ Address: Address:: 3908 3rd Street . 118 Second Avenue SE -+ Pearland,Texas 77581 Cedar Rapids,.Iowa 52401 ,. - Telephone:. 281-997-2640 Telephoner 800-343-9130 281-485-4702 Fax 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. 07/200.6 00611-2 of 2 •• .....- ..... ..... •...„ ... .•... ,•. .,• •...• ....:f.: .;•-• ••• .„..•... ..,•.•;. ..,.:• .••:. .... .....'-. ': 1-7-•;:•:'•::::-.-,':::.- -i;::--, ....;-:::,•:,:.'.:.-'"..:.;.!''' •-•-• •:>-.--- •:..:::.-.':-:.:•,--..,::.::..---INITED KRt:8cAsuALTyrscOmlAN'Y;cEpA ..RAPIDS,IA . '., '7..:'...:.":Ing'iirieS. ".§.,.uret;.....i...'epaitui...ne:!::....: , MI UNITED FIRE&:INDEMNITY;COMPANYGALYESTON TX ---,-„,::,....-.:::•:'.:-„:,-- -,.',,,..!:'.:;1.t .;SCond,.Aye-:.SE,::.:::.-,.::.... .. „..,„,...:.-- ....... FINANCIAL PACIFIC INSURANCE COMP ANY,4i06KL IN,CA ..... CERTIFIED COPY OF POWER OF ATTORNEY.... . . .:.„---:•-'..- .,..-..-.:1'.,....:::::, ::;:-..:••••••,,:•:(original onfile;at•Honle..Office ofgOtripany.'4.,..':See Certification) ....:.,:.:...•:....:.:::::.-....,„..,..: .........„,..:.,.:....:..:.7:...d...r. r.,..Rapids,IA ''52401 ..-••••, ::•-•-• KNOWALLPERSONS BY THESEPRESENTSr That UNITED FIRE&.:cAsuALT.Y: c6Ivip. N.iJ4-E&'ii49iki...iii-d1.11ii.8kianlie4.,.::.and.,.existini.uri.der ,.... :•,.... .. ,,. ... ..... (0i...he laws of the State of fdwa;:-fIJNITED:f IRE&INDEMNITY COMPANY a cdOoration'.duiyo.rgazed aiictrxi,stingz..iiq. r.-:.the laws of the State of „.:••;,. reiaS....afia FINANCIAL PACIFIC INSURANCE:COMPANY,,'..a:.corporation duly.'-‘organized.-andei(iStitig.ntiderthe..-laWS.:of:-.the..'S.tit:e of California .. .. ''..':'- :-'.:•:- (here collectively called.the...Compaiiies):an!lhVinglIlk corporate' ' .. : -headquarters irr.Cedar:Rapida,i'.:State'ofIo:ciVa.•:-does-make,constitute and appoint -•-•-•;:1:::-.....,-'... A':;A' ::-SHOTWELI_, JR1:•;..:'DR MARV SMITH, OR,BETTY,::BUSH; OR PATSY'.:BEALI:, OR ';JOSEPH• CHARLES BLACK-SHEAR, J . . ,-•:::-:•:-:-. ......,....'.:...,:,...' OR DONNA WEINEL, ALL INDIVIDUALLY of TEXAS CITY TX ...... . - •-••••••• • . ............, ..... . .... . .....„.. .. .: ,., ., , ... ..„...- . " -• .... •_ -• •:. ..... •.....,...:.- . --:::. '- - - - - — ----'- .•. .,.... ,: • --:... ...,•... „,... ..... .....:. .•.,• -•:-....:..- .::„..:,. ...,..,::„.........„,.....„. -_,• .::... -.-,...-,....... ....,..-....... -.,-,,,,.........,:„ --,:::„.-.... .,..:::],..„.....„,..:..,.• their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign,seal and execute in its behalf all lawful bonds,undertakings ...:;.....:•••,..: i..:. andother.::obligatory.in...,stru ments...:...0fsimilarmature pro.vid..ed.thatno„.:single obligation shall exceed . .. $15.4..PQ.Q,POCI,,OQ.•'... •... .......'....,..,,. arid.to..,hindl:he CoMpailis thereby as the.:...SaUietenti.aS:ffstch instrumentsw.66:...Mgnectliylhe.dlily-.Ailith0.tiOttibffi6er •of the Companies • ..,......•,..„ .,,,.... ....-: .-.:•,.... .:...„ ••.:'. :::.•:.., •-..... and all'of the acts ofSaiclAttorney. purSnafit tci'.t1X'atithortty hereby given and hereby ratified and cO•riflblied;.:::.:.-..:::: :;.•,....i.:;.:.:-. .:.:.:.:.:-.. '.::::...!:r... ..:::„.:•:.,..:.1:.:-:,..,...-.....:: .....,.:-... :.:::-.:. :....::.,.. ...:,--.......: . :.:.. .. ::.. ..... .... '.....- -:::::•:::-..'.. Th e:-.A.nth...6 niY..... herebY.:;granied:isiContlhuns and shall remain in full force and effect until revoked by UNITEDF.IREk.cAsuALTy•CONIPANy: ••••:?..:,..-.--.).:: ..::-::-,: UNITED FIRE&INI)EMNITV.-COMPANY-;.AND.FINANCIAL;PACIFIC INSURANCE COMPANY • .. ::...:. „:.. ...,: . ,. ...._ ........., ,-,.. ....:-......-..,, -....- ...,.... ......:-...... ,..-. -•'•- --.•-••..--.......:.:, .-... - . .... . .... ......,... .:... ....,..... • .. ...- .c.-....... ..,.,... ... ..„........ .....:- ... - This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15,2013,by the Boards of ...:•••••-• Directors'.6fiUNITED•FIRE&.CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, andFiNANciAL.,..,,PAcific INSURANCECOMPANY ... "Article VI-Surety Bonds and Undertakings" ,•,.-'• ....:-." -:'-•::',- ,i,:',:::: Section..o.;----.AppdiiiiMent„'Of Attorney-in-Fact. "The President or any Vice President, or any other officer i-.4.1h6:<..conpafu.Lo may.:,,:rfrprri.:.,tm...to.:•.,...:• -:•time;•appoitiv.::by.::::writier(certifIcates attorneys-in-fact to act in behalf of the Companies in the. execution of policies of insurance bonds :.'' . '-'-'-•.-,•:-::;:: tiriditakihgsTancE,OtherObligato.ry instruments of like nature. The signature of any officer authonzed hereby and the.C973--iiiiite..geal-.....zinay...be..--:,.: 4fiked'by faeSitnile to,any.:power of attorney or special power of attorney or certification of either authoriied.--here by;stielf.iigniiiiire arideal,f„.,:,.;',:-•.:-. when so used,being adopted by the Companies as the original signature of such officer and the original seal of the Companies,to be valid and :•:.::.:.:;:::::•::: , binding upon the Compardes..yrith.lhe same force and effect as though manually affixed. Such attorneys-..tn7fact,....subject.to the limitations setiit..,:,.,„.,..„..... : --'-'.: ":-•'•' '':,'...--.-forth in their respective certificates of authority shall have full power to bind the Companies by;.theit,...: igo4tute-and'630eution of::.any,suc •. ..:„.:,.... ••••'. •-:,:••• '::.-" ;:..- iiiStruments-andlo.attaeli the seal of the Companies thereto. The President or any Vice President,tlfie-..Board-;of Directors any other....,:.-7!ii,:::..rp! .::,.....,.., •-•'„,r."''.-:',.. -;:-,.:',.. ..,:],..:the....comp4iie ;ii4Y.."::-at...Ailji,„tini0...revoke all power and authority previously given to any attorney in-fact ...:...: ..:,,,,: :..,.. ..-,, ..:...:„ .:,..... .......... ..-.........? :-..,.. . ,...... .... ..... „, .:,. ..,:. ....., •" ' - • - -.... mil;ii' ...,;.-: '• 0111111.11hIllo. .. ... IN WITNESS WHEREOF,the COMPANIES have each capged:lhese•PreSentS....t6.1besigned by itS.:,.:.:I.:.!:::..,.....:::!.. cs19S •?"‘N‘Ilt *LriF-41))--...':I. * ,.‘c-, w58.iiu..444-.../,-:,'vice president and its corporate seal to be hereto affixed this 27t ii:'..day of. November, 2013 CORPORATE %.*::,,::"..4, CORPORATE 01::..i.:? Z4 %..!•00% --. ,. - ;,... UNITED FIRE&CASUALTY COMPANY ....• r.z..].... SEAL-.77•-.-.7.:,;. 4..z..E.i. ,., ..:.• ......1.:2.0i::„....„.......:::. i.f,,..: -- "" -- ------ ..— UNITED FIRE&INDEMNITY .,..,,..:, .......-.:,:•••• ,,,, ....„. . ...T:''''''S?'• AL.;': vi:'-'-: ',.::- -.1.9.6. ‘,..11,i Ne'$.--:-:•:::-. 4. -::'.- ' . .-:::......:."......-. -,::;<:. .....:.: ....., .. FINANCIAL PACIFIC INSURANCE comPANy„,.:...,...:,...,,,,-:,;..,..:..:.:::, . .,:.,,4p.,..i,,,,p5:,;;.• •,:::'.4„,-.4,. -....,0".".:,,:• •,-; •.:...:, .,, , • !42.ii,%%%%%%... ..-:.:-:4, s?..01" 0 ,-.:. ;:-4.r„,..,.: ;•-.:..0 ':;''' .'..:; .'....: •. -.i., :.:•.i.....pH,,,,,,,,„. .„..,.. ..,•:: qinilmli11, By: • • - ... - • • •.--... ... .. .-... .... ..: „.... ....:' i'-'-•:'-'''',-2.Siate alow:-..: :::tqatiti:xif Linn,:','SS-...'.-"'--.',':'-..'....',.:.:,-; .-.' --.---' .--1-Vice.PreSident...,...:...- ,.-:.• :•-e..-. .-,..: ::::. ,:.:::,.:.. .,...:•. •:• ... ..,,,..•••• „....,-- .::,... •.--....,., -:::?., --tln 27tha }.r.bf iklOVembe -2013, before me personally came Dennis J. Richmann .• 2.,f::: :-- to me known,who being by me duly sworn,did depose and say;that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of UNITED FIRE-r&-.CASUALTy:.C.QMPAN.....:y a yjce-1)Fe...i.dep.....o..f UN.... ITE)).......FIRE... & INDEMNITY. .C9MPANy„and....a Vice....P.Jesjdent,pf...FINANCIAL,:pAciFic::....,.. INSURANCE COMPANY the cOrp orationS„-rdeseribed in:-.and:which..e),cecuted the above iristrurnent;:that„4e.:know ,thesea1-.:O.f.,.said'.- o...rporatiOnS'that the :...-Seal.affi—ied'to the said d instrument1§-p1.4-corp*O0 seal'...that..:y was so affi...xed Pnrsuan....t to..authortty. given by the Board of,p.irectors ofisaid corporations •••••••• ::-.:7 ",...a.n d..:I.hat:Ile•Signed hishartier--thereto ViirSua nt to like anthOrityi.andacknOWledges same to be tl:i. .a6t:.aild deedi...!4:::sai,Ft...ct.70tapicins.':.:-. ...::.,....-.. • ...--,:,:•,. -.:•,... ..... ::.••,. : :•,.•••• •• .•-: ••,:.. :... ... .•,, ••••,... ..•• o...v., ...,.. ,,.. . . ::...... '. .:. :..; . . .... it.. p..,,.,..... ......;.,.... . „.:. , Notaty.:.:Public.::. .-....„ -.-..f 1,- • ege:',7 ---,...: -Iowa Notarial:Seel,--/ '•••• .:.. -:-.,........•-• Commission number 173041 ''::,:, :. :'" -•:::,,,- • „... .....„„.....My •••••,..----- commission e pires:4/23/2015 -.'ovgiZ My Commission.Expires 4/23/201 ... ...,.....,.:.......... ...,....„, ..,.......... ........ .x,.:,..,:;..:,i. ...:.,::.:::..... ....,::::,::..:.:„....:::::......... >,,::.:...,.::,... .....,.:.::.:...:....,....... .•-•..,-...,. .,••,.........-,,..:.,. ,•,...:::,••:•.,.. ....:,:•-•.,,..... .... ...., ,. _.,.. ...r. - ---q -Davicl laang&'.':-SeCretaiy's:OT UNITED.!FIRE&•-- .CASUALTY.. .. ;,-COMPANY 1,A...A is s i tan:!.:Secretary, .. --':.:of ITE D;:::p..IRE:.-•&::INDEMNITY.COMPANY,•:.:.... .::.,.- :•::::',. and Assistant SeC;etarY.-.of PINANCIAL F...ACIFIC.jN$V...RANCE. ..OMPANY„..co hereby certify that I do cOMpard,...the.foreg..'Olng copy 61......'; f.,..the;POWeri. -..;.,..J.: .. ..o ...: ,.,..- s.''••'''''.. fAif6niey•and:affidaVitand.:the,'copy,o.tthe SectiOn&the-hylaws-.and.tesolutions-of said...COrPorations as setrfOrtli.,.in::SaictPowerof Attorney-'*ith:-the-:;-..., ORIGINALS:-.oN:FILt..IN.:TFiEltlQME.OFFICE CORPORATIONSOF':SAID.... . ,..and that.the.Sarn'e•are,.C.orrect transcripts thereofaricl:of the whole of the ........„...... Said orillialS. arid that'illesaidP81,Ver&Attorney has',not-been revoked-and•ls now in:fall forchdr effect. . In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporatiodi _ . .... ,_. . ,, ,...,•.., . , , ... .......:, .-.:..... . --:-..-a4.:,,..-. this 22nd day of September ::: •.- ...,...... .: . . ,..-..,... :.......... ,. .J.-.. , :.-...,.. .... - ,, •:.:. ..• _ ..- ......... .:, _...... ...„ ...... ..,.:. . .,--:, ....--- :-.-:,i.".:•':-01"!•,•!1'4 ,,,, --:-,•• :.:-.-4.0. 1 :•:. ..,:.--.,:.:..,- ,eoNsa* .:',.- -.:,:.],,.. ,:.... ••:...]•.:.--r...... .';',.... ::]:. :,:,:- -,:-•.,:• ...-.,::' ..;•• - ,::„::::;....,. ::' :: ::.... ..Th .-..-;,-- '?:];:!:':',.:i:-? - ..:':....' ::.::::, .:-.:-. '...], '-.1: '',..:!... .; !' '' ;:: :. 4,4,:$,.•.:,] ::::''')A :C. -C''.\,6;:li............. ::.•::. ;..:-•: ..:::' ..-.', '....:.: .S:':: ..':::. l':'..f. ,.;:-.:' ::::: _._..:::.?:.:: .:.•::; a:.: ...' .:,:: ..::i:.: ::..::,;:: :.:Fi-.. i::::..:t::: :•!:]::: '17:: , :-:' :::,:. q ,.;• ..:' cO S..-.:...—", • .:7., '...: ..0:-•:-..i"..z., ,. 2' .,.. ov,.0S... .:..,. ..,.:,: ....-:.. ::..]'.. . -..:.. ..13e, CORPORATE %.:,...::,:gfi: cc:Toly.TE f,05...-...,.:.:.,y.l....,...,i‘joi,ig c.....,:-.„... ...:.i,...:.„..,.,...... .-... ,.. .... . .... . ,.. .... , ...,. . ...... , ...., ....., . ,., , Et.- r-:-.7....:: )..:;: '.' •e:•:.• 11=-2': ..-.. ."'..—..-.. : . :•••••:-.: By: •--.-• . .... . . • •• - -...,..„ :„,.,• ......• ......, •- ...... :: ••.:. ,.,. , ... . ,z,....:...t.4.1:„...ij9135 ,,:,..:4.z..... .• .......:;• :"::,.,. •"' .'::.'•::::::'''... '''.:::.;::-7;;;.:.,...'SEAL ..T,Z.': .. .6..,.. ..:-. _...1..q .. s> .7.Q.F0e Ar s'3..... . ..". • . ..-.'•'. ' • .,,............:... - , .. % s-."'' ''''' '''' ,,,,,%-s-ros.x.,-; '',,„ • Secretary,UF&C ,,,,utoso '''„,.fin,0„, . • - ..,,":...... . ,.:„.. .., • Assistant Secretary,UF&I/PPIC ,...,..:, - .•. ....... -"- .. •. „..„:„...:..„.,..,:.:.. .:::....:„.--:...:,. .......:,:„:„ ...'- • ' '•-.- "''• ''''''' • .--.''" .-• - ' -.. .-- .:•-•• •• -• •• ..,..• .... - .,: •- • . •••• .•. ... :.":. •. - ... .-:-.::, ,..-:-..: . ,-.... ...... ......,, :.„,::„. „.....:...„.."....: :..,....... ::.:....... .:.:.,.:.:•. ,......., :,•:', •:: ....• .-.:• : •••:.• ..-. --.• ..: ...- .-:-... :.:.., :::,. ...::•. . ... . . ... . ..... United Fire&Casualty Company United Life Insurance.Company Addison Insurance Company Lafayette Insurance Company. Insurance Brokers&Managers,Inc. UNITED FIRE GROUP American Indemnity Companies IMPO RTANT 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.54-201502 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: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$279,700.00*** for the payment whereof, the said Principal and Surety bind themselves,:arid their heirs, administrators, executors,:successors, and assigns,jointly and severally, by these presents: WHEREAS,:the Principal has entered into a certain written contract with the Owner,effective as of the day of. ,20 (the"Contract"):.to Commence and complete the .: construction of certain improvements described as follows: Business Center Drive(Westside)Library City of Pearland,Texas COP PN: FA1403 BID NO.: 0714-51 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, forvalue 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 terns of the contract,or to the work to be performed thereunder. 07/2006 00612.-1 of 2 CITY OFPEARLAND. ONE-YEAR MAINTENANCE BOND. IN WITNESS WHEREOF, the said Principal and Surety have signed and:sealed this instrument this 22nd day of September ;2014 _ Principal: . Surety: Cons r .• Masters of Houston,Inc. Unite ire& su Com any Ai_ � By: _ Mark mith Title: \i c.e, ere.Ss i l am. Title: . Atto ey-in-Fac . _ - _ . Address: Address. . 3908 3rd Street 118 Second Avenue SE _ - Pearland,Texas 77581 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 eilik 07/2006 00612-2 of 2 . - .' . : : '..: ,',': ' -. ,,. .. ... .„ . •• ' .... ... ' -..--' ' :•.- --.- ' :---:.:'--''-' UNITED FIRE&;CASUALTYCOMPANY;CEDAR,RAPIDS,IA -:.,,., •I.:.::-.Irti.uiries:"':$uretY.:Pepartruenr-:::'..-.: .... .:.... :::. .. ..., .....:... :.: ... ..... . - :' ...: ...'-'• • : --:'-':- • - UNITED FikE&INDEMNITY:COMPANY;GAt,VESTON,TX --::-': -:-. -!;-- -•,:••:: ::1..1$-:.Setond.-Aye'.,SE,:..:::-. - • - - - -•:. .- .. FINANCIAL PACIFIC INSURANCE COMPANY;ROCICLIN,CA Cedar Rapids,IA'52401 ... CERTIFIED.COPY OF POWER OF ATTORNEY.. ... ..... . . ..,. . (original on file at Home Office of CompanySeeCertification)- ' .:..., .....,. ...........,---..,-........ . . . - .......:,;.::•:,::-...: ..:- ,-.. .H.' •••••:,-.' -:KNOW.::Aii,.PERSONS,BYTHE,SEPREENTS:--That 0NITxDPIkE-&.-CASUALty COMpANy;::a corporation duly organized and existing under - •.. . . tlie:laws-,:'6f the State of IPWa:;-::UNITED::FIRE 4:INDEMNITY COMpANy, a corporation duly- organized and existingunder-the laws of the State, f. ,... ...:., f .....„.., .... ... . ,',:.-.....r: . TexaS;:andX.INANCIAL:,-EACIFIC INSURANCECOMPANY,':a corporation duly organized and„existing-:underjhelaWi„:ot the State of California . ... . „,,.... .f., ---.- .--;';-: (herein collectively called the Companies),and having their corporate headquartersin.C.BedaarRapidS,''StateofIoWa,:•-:doei.,,makeCOnstittite and apPpin t ...•-'... . A'.:' ''''''''' JR:, - OR MARK' SMITH, OR'BETTY.-BUSH;• OR PATs Y- ALL, oj R OSEPH CHARLES BLACKSHEAR, OR DONNA WEINEL, ALL INDIVIDUALLY of TEXAS CITY TX ... ... • ,. ,...,-..-.:;-.::, ,.,:,:::::::::, .,',.:,:•],.i,....,:. ,:--:..:.,.:•-•••: .- :„-::-..-•:.-:. .,. -.. ::•:. -. :.. .-. -:.- , ,.-. - . :,..:: ....... .... ..,.,,. ,.. ...,.. ,... ... ... . ........,. .,:„. :.. ...„: , . ....:. . . .... - . ••••• ••- - . .. .- .-. - -:.: ....:: .:-•:•:: •:L. .. :,, .... ....:, .... ... .. . ' : . •' -2. :••'• -': :- - : ••-.- ::,.- .::, .. - - - . .. - : .. ., ... • . . . . . . . . . . . :::i:;..-:::.-•%- their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign,seal and execute in its behalf all lawful bonds,undertakings and:other.obligatory.Ins,truments,:of similarltature provided that no..single obligation:shall exceed. $1.5;:c2PP..,000, 9(?..:- . . - -- . --:.':'::. :•:::.-, and.tO::hin4the Companies therebas--fiiily.and to the same extent as if such instruments were signed by:thp.:duly.auth.9j7ed:Pffibers of the Companiesa :•:-: nd all"...:::.the.acts of said Attorney to the authority hereby given and hereby ratified and confirmed ..• ••••••r::'• The Authority hereby granted is continuous andshallremain in full force and effect until revoked by UNITED:: .. .:i,.Iltt..:.ii &....-:CAS.. .I.,TY COMPANY,•,.::-.:.-.-•.: ...;..:.:: UNITED FIRE&INDEMNITY COMPANY,AND FINANCIAL PACIFIC INSURANCE COMPANY....- . .:.:: r.... ..] .i.i.,. •.:........•:., :,..•••:., -• •••--•:-, .•:.- -•••:.. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15,2013,by the Boards of :.--.----.. ..,..-:Directors:sPP UNITED:FIRE &CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFICINSURANCE .i., : ---. - -• .:-: ...: - .:-. '. COMPANY-.!.:-"::.. ,;-:- -:"" ,- '", ....--::::: . .-- "Article VI-Surety Bonds and Undertakings"Section ...„.....:. .:>••]-' ..-;': .::::' • ,:-.-,:. :2,•APpointrtent,of Attorney-in-Fact. "The President or any Vice President, or any other officer:of the.-CPmpanies may.::,from,:tiine to. . . •.. ... . :...,. :-.----•'.:.:-.:..::-:: time appoint bk:'•:wrjtteilccttift.Cates attorneys-in-fact to act in behalf of the Companies in the execution of policies of insurance bonds ..:- ''''::.•.-:::::-,'. .-:'..- undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby and the::Cdifibirate:.Sea4.,InaY-::be ..::'.:.':::•''':.'' . axed by facsimile to'..aitY:p•tnver of attorney or special power of attorney or certification of either autho rliedbereby; when so used,being adopted by the Companies as 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 asbind though manually rn affixed. Such attoeysin-fact .subject to the limitations set.... . -'---:-.; ''.:•::.:-- ::::-•,:::::.forth in thein]respective::certificates of authority shall have fullpower to the Companies by their execution of 6ny:,such •:.. instruments and to.-attabb the seal of the Companies thereto. The President or any Vice President,the:-BOard'Of Directors or other:offi..:CerOf..:.:...-- '.. „.. . the Companies at any time revoke all power and authority previously given to any attorney in-fact .;-;:-:-..:;: ,,.:::i:,.. ..::-•-s, .s.:;: ,,..., .-:::. .-:.'. - --- • - -..- -...-::... --•.‘_..i."11, ...'.i --,-,mmii,, IN WITNESS WHEREOF,the COMPANIES have each caused.:theSe''preSentS.toibesignect by its ..„.:. ChSNi.',1%., ''''' ''''''''''• .0A‘c,•tisiS•LW'", • • 09..S.. 4$-*.' ,,-,.;;,. , ...p,,.,..vice president and its corporate seal to be hereto affixed this 27f h'Ciay of-November, 2013 . ' .. .-ie, CORPORATE %S:.,Z.Z.a. CORPORATE UNITED FIRE&CASUALTY COMPANY , gil V.;;...6'.::e 4 y 2 <23\01 -• r.k* - —0 -'-:. •=r":,t-' .. .-- -• 3i',E:fqif q- 2. .(2•1' ;-: SEAL (--- ...•-: .-'3,? -:".-- ) : .. i: ...T3: :.:.-::. .. ...':. 4..17 _1;:•-• .ipa§ 1.2..* UNITED FIRE&INDEMNITY COMPANY:. ,..:,:.--:::::- ...:-:,:',:-.: :-.:::.-••.,,,,,,-,,..,„:,....• AL 1 ' .' -t '... ....'‘'....<1 FINANCIAL PACIFIC INSURANCE COMPANY ,:.:-..,,,.....,.. ..:..,. ... : .,:„. ..., ':•-': ':::-'41,R.RAi,t, '''' .•:•::.•*,-f.-ri,;.--____, ,,,T,.... :-,,,>- .,.., .. .:::. .::.: .." ....- :... ::,:-... ..• :::.:: :: ::., :.... .•:::. -:::. ,,,,i'''''' •,,/,,,,,•,---,PN„,,, :'. :.% ,,,,,, :.:. ....:-. .,...::.: ,.... ..:.. Nitjiiii.i.0, .. . - . .... .... .. -.-.- '. -,.. , . . . . ... ... . . ., :..r.- .. .. ... .. .,., ,... .. '.!::..2... .. State ofloWk.Coutity.of Litin;:.ss; •:-- .- .:]-::l.. Vice President ,.:i:::'. ::•::]:-, : ., -::. •,:....::.::'::::-:.:.:On 27-11-1'•-;daV of NOVembee':,'•::20t3, before me personally came Dennis J. Ri chmann :'-., ::..,.-.-::'-,:?,]:-- .::,:,:,:::::1..:::,:-.:,:-.::- ,•:..:.-:-,:-::::,::••• .:::,;:.:.::.!;:. to me known,who being by me duly sworn,did depose and say; that he resides in Cedar Rapids, State un State of Iowa; that he is a Vice President of UNITED EIRE-&:CASUALTY;COMPANY, a Vice:Presidellt..9fVNITED.r.FIRE&INDEMNITYCOMPANY a Vice-President-of,FINANCIAL,pACIFIC,...„,„... ..:. .... ... - '..,:•:: INSURANCE COMPANY the corporations described irt,andWhichl.ekecuted the above instrument; that he-knoWSthe;seal'Of:said•CorporatiOnS;.--that.the. ,.... ... ... „ ... seal'affiied:to the said instrument is such cOrp Orate.seal;that it was so affixed pursuant to authority given by'the,-Board of Directors tprp. options ...:.::.„ ...:,.. ... .:., ....„ o ,i.- ---.- and.,that he:Signed his:naine;thereto-,pursuant to like authority and acknowledges sattte.t... .- etI-i6 act .,..ardd.....e:d-'01::.-Sai(d c.O.:..tpcifith;i,hs..::!::.-.:,,.,;.....::...:.. , „:,. ...._ . ....:- -:::., ••]..•.:: .- :.•• .....- - -, -::..• ....-. .. ::,- •-•. ...::....judith K.I:) vjp ..:-...... ,...... :...,.: .. ....... :.... . - •H... ' - -:::::•• .... : 41:...- I:-.....,„:. :. .-, Notary:public .... Iowa Notatig a1.- ....:.„.• :. . • Commission number 173041 :::,,,-'. :..- My commission expires:4/23/L)015 myrcpmmissipn.Expires 4/23/201 . .. .,• - . ... . . .'. • ••• - .. ..--.. : .....•. ...,,,,..:: .:.•.: :::...-•.:... ... .:„..: .--.,• ::-...., '.,' :.:,.,..- ...::.:.. :. .. :::::. .... .:,.... . . .... ..:.!':• ...„':.I,::;!po.ia,A:::1;41(fg ,: Seeretary:Of UNITED FIRE&- .CASUALTY cpiyipANY,!ancl:;;Assistapj$?6I-61ary,.'...:::<?f iTED1:PIRE, ..8.4.:s'.'.-11 INDEMNITY COMPANY P0,4?1Y . d Assistant Secretary Of FINANCIAL PACIFICINSURANCE-COMPANY,:dO hereby; certify that I have coMpareutne:foregoing copy of t.u.e,..ower„,.. ,..,., of Attorney and affidivit,,:andthe.copy of Section the bylaws and resolutions of- Said Corporations as set.forthin:SaidPOWer"pf Attorney with the:, -... ...,-..-:::ORIGIls,IALS.ON;FILE IN HOME OFFICE OF-SAID CORPORATIONS and that the ssame are correct traiiSci'iPtS.tbereotand:of the whole of the -,...,-. .. ... .. -.-:••.....--, ...said originifi,-and that the said Po no Wer'Of Attorney has t been revoked:and:is now in full force.and-effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations - . • . - ,.:. , .]--.:-.,..:;-,::::.. „:,:„,.?:-..:.:,....3-;;:-:.• this •22nd :-!:. day of September .:-• :::.••- • -:-::. .::. ,2014. :,. . ..... ,...-• :... .::.:,.:... :..,..:,..... ... .. .:..:,.. :,,:: ..::..::. ..,..:... ....r..., .-:... .....:„ . ..... By , :::::•......„ :,-...-:...:. ,..,.::::........... ,:,g:is,'''''' -..,.::.:... ::-:„..-,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, :::...:,..:::: •,%.,,..,0,,,.,,;..4%,,,,,,..%;,-,.,,,,..:.. .s.:•. ,::::.. -:.:::::..'... .'-' - ::• ,•:,,:::-' ':. .r::::":- .• •-•:•• :. •-::....... • • -:. - - • •:.: - ,..:• :...--, .::. . .. .:... . :. .:-:-. .•-• •- :- . :-.- ,:...: • ::.:- :.:. ,::•. .. ,::.:. .::::::: ...,. „... ,....: ,. .. ....•:. :0111`.:-. ':'• se'•,• . ;-'s. •/..,..:. ...., ') .'''':::'. ,,,i,-(..'-‘,60:6;4>'1'0,;%•:. •-• r.:- .:•: . :: : .::' ••:• .:.H -.:-:.:- ,,_.2.-- -;--:- ::]i!::i:-: '••• ...: ,:.',:i•:;• ;:'...,.. - .:,:p.:::. •::-,,,:...::.' :'..,..::• • ' ' -."•'-%.' - - '9.1':::.:1; co' :61u:it -IV',.,-...4.'• •::•:' -12;',1- •-:- ....- ;(-- ,,, ". ...-. • -. .. ' • -'• - ... . . .:::..: .....,:. .., : .,.; :.:::i.]:----:-.::. .:Eq-- .,4,..•.___ ....:1--.F..t 7.--.7.1'-- . .F.:.'OP' ::•:,'„.:..• 1,-7,•.•-:.! . - • .:.,..:,-,,-.,: .-..,,,. ......., :-,- ..SEAL ..,.e..,:t" S 0 •- .,,z; ' =3:-..*:.,,''.::1(IF 09A/',",.S" p ,,,, ,,,, ,,,, ,,, „,, Secretary,liF&C ), , ,,,,,,,,,,, 4„,,, ,,,,,o0 Assistant Secretary,UF&1/FPIC ...... • .. :....„. .....:. . ...... :.:....: ::-:- .:•.:::-„:„ -.:,. •• ." :2 ,• . . • •. " •• . • Bf."0A00494913:•:.:.. .-.: : - -:: --•:,: • -.:: . -:- '--- •---•:::: ..:- :•.::. .. • • .. :,.:.." .-: ..... . . . . . . . ,. :..:.. :.... .. . . .: ...,. .. .: '- •< - - •, .... .• •... ..• . . . .... , . .. •: ., .., . ...,. . . .. . . ... •::: - • -:.•• • ::: <--._: . -:- •-.• • - - United Fire&Casualty Company United Life Insurance Company Addison Insurance Company. : Lafayette Insurance Company • Ins UNITED Insurance Brokers&Managers,Inc FIRE GIRO U P American►ndemnityCompan►es 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: 800-343-9.130 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- rb\ 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 becorhe 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:31.9-399-.5790 . :FAX:.3.19-399-5425 • ACORD® DATE CERTIFICATE OF LIABILITY INSURANCE 2/1g2014D THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Certificates Houston Hotchkiss Insurance Agency, LLC-Houston /NCC.N.Ext):713-956-9800 (a/c.No):713-956-0331 ' 13105 NW Freeway,Suite 850 I IEHouston TX 77040-6312 E-MAIL DDss: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:969929216 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W LIMITS LTR INSR VD POLICY NUMBER IMM/DDIYYYY) (MMIDDIYYYY) A GENERAL LIABILITY GLD07234799735 2/24/2014 2/24/2015 EACH OCCURRENCE $1,000,000 DAMAGE RENTED X COMMERCIAL GENERAL LIABILITY PREMISESO(Ea occurrence) $100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 7 POLICY I"' I JECOT T7 LOC $ AUTOMOBILE LIABILITY BAPD7234799735 2/24/2014 2/24/2015 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS — AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) $ A X UMBRELLA LIAR X OCCUR CAD7234799735 2/24/2014 2/24/2015 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N N/A E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Builders Risk QT6607997P545TLC14 2/24/2014 2/24/2015 Per Location 4,500,000* Per Occurrence 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) The general liability policy includes blanket additional insured endorsements(CG7323 1111 &CG7246 0212)that provide additional insured status for ongoing&completed opeartions when 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 i THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Pearland ACCORDANCE WITH THE POLICY PROVISIONS. (3. 3519 Liberty Dr. Pearland TX 77581 AUTHORIZED REPRESENTATIVE I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD A AGENCY CUSTOMER ID: CONSTR2 )` RQ ADDITIONAL REMARKS SCHEDULE Page 1 of 1 -_ AGENCY NAMED INSURED Hotchkiss Insurance Agency, LLC-Houston Construction Masters POLIC of Houston, Inc. NUMBER P.O. Box 1587 Pearland TX 77588 CARRIER NAIL 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. (117 f 116. ACORD 101(2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD �...41 _ RESOEDG-01 PAJU A Rom' CERTIFICATE OF LIABILITY INSURANCE DAT/19/2DIYYYY) 2/19/2014 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 • 1BELOW. 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 (713)785-5252 CONTACT Warriner&Associates Inc. PHONE FAX 11111 Wilcrest Green#101 (Arc.No.Est):•E-MAIL (A/C,No): Houston,TX 77042 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Texas Mutual Insurance Company 22945 INSURED Resourcing Edge INSURER B: c/o Resourcing Edge INSURERC: 1309 Ridge Rd.#200 INSURER D: Rockwall,TX 75087- INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION.OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PRMMGE TO RENTED PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ _-1 POLICYip, ri LOC $ • AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS _AUTOS (Per accident) $ • UMBRELLA LIAB — OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ WORKERS COMPENSATION X TOCAMTUS OH- AND EMPLOYERS'LIABILITY Y/N A ANY PROPRIETOR/PARTNERIEXECUTIVE TSF0001139372 10/1/2013 10/1/2014 E.L.EACH ACCIDENT $ $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ $1,000,00G If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ $1,0003000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) Policy includes a Blanket Waiver of Subrogation as required by written contract. Workers Compensation coverage is provided to employees leased to Construction Masters of Houston through Resourcing Edge. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Pearland ACCORDANCE WITH THE POLICY PROVISIONS. 3519 Liberty Dr. (OL, Pearland,TX 77581- AUTHORIZED REPRESENTATIVE II ewisaricieticetiezettexi.......4:0c4etc ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD CITY OF PEARLAND PARTIAL WAIVER OF LIEN Section 00615 PARTIAL WAIVER OF LIEN AND PAYMENT AFFIDAVIT The undersigned contracted with City of Pearland to furnish in connection with certain improvements to real property located in the City of Pearland, TX and owned by the City of Pearland which improvements are described as follows: In consideration of Pay Estimate No. in the amount of$ 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 Cl°'\ GENERAL CONDITIONS OF AGREEMENT TABLE OF CONTENTS Page No. 1.0 DEFINITIONS AND INTERPRETATIONS 1 1.01 Owner, Contractor and Engineer 1.02 Contract Documents 1.03 Subcontractor 1.04 Written Notice 1.05 Work 1.06 Extra Work 1.07 Work Day 1.07-1 Rain Day 1.07-2 Impact Day 1.08 Calendar Day 1.09 Substantially Completed 1.10 Interpretation of Words and Phrases 1.11 Referenced Standards 1.12 Contract Time 1.13 Construction Inspector 1.14 Balancing Change Order 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 4 2.01 No Warranty of Design 2.02 Right of Entry 2.03 Ownership of Plans 10-2012 00700-i 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 ribN 4.03 Laws and Ordinances 4.04 Assignment and Subletting 4.05 Performance and Payment Bonds [and Maintenance Bond] 4.06 Insurance 4.07 Permits and Fees 4.08 Texas State Sales Tax 4.09 Contractor's Duty and Superintendence 4.10 Character of Workers 4.11 Labor, Equipment, Materials, Construction Plant and Buildings 4.12 Sanitation /^ 4.13 Cleaning and Maintenance \. 4.14 Performance of Work 4.15 Right of Owner to Accelerate the Work 10-2012 00700-ii CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.16 Layout of Work 4.17 Shop Drawings g 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 7.0 EXTRA WORK AND CLAIMS 27 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 Cak'l 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 1111 10-2012 00700-v CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT 1.0 DEFINITIONS AND INTERPRETATIONS 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement. The term ENGINEER as used in these General Conditions shall refer to the Engineer or Architect identified in the Agreement, as applicable, and means a person authorized to act as a representative of the entity designated by the OWNER to provide professional services required in connection with the preparation of plans and specifications of this Contract. The term CONSTRUCTION MANAGER as used in these General Conditions shall refer to the Construction Manager identified in the Agreement, as applicable, and means a person authorized to act as representative of the entity designated by the OWNER to provide professional services required in connection with the performance of the work of this Contract. The Owner's representative on the project site shall be the CONSTRUCTION MANAGER or ENGINEER as designated. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of all of the documents identified in Article 8 of the Standard Form of Agreement, which documents, excluding such documents as may be delivered or issued after the Effective Date of the Agreement, as referenced in Article 8, shall be bound together in a Project Manual for the Work. All references to the "Contract" or the "Agreement" in these General Conditions of Agreement shall include the Contract Documents. The Contract Documents are complementary, and what is required by one shall be binding as if required by all. In the event of any conflict among the Contract Documents, the Contract Documents shall govern in the following order: (1) Modifications in writing and signed by both parties, including any Change Orders; (2) Standard Form of Agreement; (3) Special Conditions of Agreement; (4) General Conditions of Agreement, including Attachment No. 1 — Workers' Compensation Insurance Coverage, Attachment No. 2 — Agreement for Final Payment and CONTRACTOR'S Sworn Release, and Attachment No. 3 — Owner's Insurance Requirements of Contractor; (5) Addenda, if any; (6) Plans and Specifications referenced or included in the Project Manual; (7) Instructions to Bidders; (8) Bid Proposal; and 10-2012 00700- 1 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (9) Exhibits: The following Exhibits, if any, attached hereto, are incorporated herein, and are a part of this Contract: In the event a conflict or inconsistency remains between or within the Contract Documents, or the Contract Documents and applicable standards, codes and ordinances, CONTRACTOR shall provide the greater quantity or better quality, or CONTRACTOR shall comply with the more stringent requirements, as determined by ENGINEER. Terms or phrases used in the Contract Documents with a well-known technical or construction industry meaning shall have such recognized meanings. References to standards, specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, shall mean the latest in effect on the effective date of the Contract, unless otherwise stated in the Contract Documents. 1 .03 SUBCONTRACTOR. The term "subcontractor", as employed herein, includes those entities having a contract with the CONTRACTOR or a subcontractor for performance of work on the Project. OWNER shall have no responsibility to any subcontractor for performance of work on the Project contemplated by these Contract Documents, and any such subcontractor shall look exclusively to CONTRACTOR for any payments due subcontractor. 1.04 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person or by electronic means through the Pro-Trak to the individual or to a partner of the partnership or joint venture, or to an officer of the corporation or company for whom it is ,+►�'�, intended, or if delivered at or sent by Certified Mail, Return Receipt Requested, to the last known business address or registered office of such individual,partnership,joint venture or corporation or company, or to the address for giving notices listed in the Standard Form of Agreement. 1.05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and all other facilities or services of any nature whatsoever necessary for the execution and completion of the Work described in the Standard Form of Agreement. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The CONTRACTOR shall, if required by the ENGINEER as representative of the OWNER, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well-known, technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials shall be furnished in strict conformity with the Contract Documents. 1.06 EXTRA WORK. The term "Extra Work", as used in this Contract, shall be understood to mean and include all work that may be required by the ENGINEER as representative of the OWNER, to be performed by the CONTRACTOR to accomplish any change, alteration or addition to the work shown in the plans. Extra work shall be authorized in writing by the ENGINEER prior to commencement. Extra Work items are paid for on an as needed, as authorized basis only. 1.07 WORK DAY: As used herein, a "Work Day" is defined as any Monday through Friday, not a legal holiday, and any Saturday or Sunday specifically approved by the OWNER, in which the CONTRACTOR can perform six or more hours of work per the current construction schedule. CONTRACTOR agrees to request specific approval from the Construction Manager or 10-2012 00700-2 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Owner, in advance, to perform work on Saturdays or Sundays and in so doing agrees to pay all C16"\, 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 Cub) 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 (ilk) 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 ("P.` 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. CO NTRACTOR is, and shall remain, an independent contractor, solely responsible for the manner and method of completing the Work under this Contract, with full and exclusive power and authority to direct, supervise and control his own employees and to determine the means, method and manner of performing such Work, so long as such methods comply with the requirements of the Contract Documents, and do not adversely affect the completed improvements or any other property abutting or adjoining the Work area, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Plans, Specifications and Contract Documents. The fact that the OWNER or ENGINEER as the Owner's representative shall have the right to observe CONTRACTOR's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the OWNER and the ENGINEER hereunder, is not intended to and shall not at any time change or affect the status of the CONTRACTOR as an independent contractor with respect to either the OWNER or the ENGINEER as the OWNER's representative or to the CONTRACTOR's own employees or to any other person, firm or corporation. 4.02 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the Work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, the general and local conditions, including but not limited to weather, access, lay down and storage areas, and all other matters which in any way affect the Work under (1.4 this Contract. It is further understood that the CONTRACTOR has satisfied himself as to the terms, meaning, intent and requirements of all of the Contract Documents, and applicable laws, codes, regulations and ordinances. CONTRACTOR hereby warrants and represents that it has taken into consideration all of the foregoing factors, and CONTRACTOR shall perform the Work for the Contract Price and within the Contract Time. No verbal agreement or conversation with any officer, agent or employee of the OWNER or the ENGINEER, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 4.03 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with all federal, state or local laws, codes, ordinances, permits and regulations, regardless of whether the same are adopted before or after the execution of this Contract, which in any manner affect the Contract or the work, and shall indemnify, save and hold harmless the OWNER and the ENGINEER against any claim arising out of the violation of any such laws, ordinances and regulations, whether by the CONTRACTOR or his agents, employees, subcontractors or vendors. If the CONTRACTOR observes that the Plans and Specifications are at variance with federal or state laws or codes or the ordinances or regulations of the City, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be made as provided in the Contract for changes in the work. If the CONTRACTOR performs any work knowing it to be contrary to such laws, codes, ordinances, rules or regulations, or if CONTRACTOR reasonably should have known of any such violation, and without such notice to the ENGINEER, CONTRACTOR shall bear all costs arising therefrom. The OWNER is a Political Subdivision of the State of Texas, and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the OWNER may enter into contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein. Neither the act 10-2012 00700-8 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT of OWNER entering into this Contract, nor OWNER's performance hereunder, shall constitute a waiver of any immunity from suit enjoyed by OWNER under applicable law, all such rights and defenses being hereby expressly reserved, notwithstanding any term or provision herein to the contrary. The Code of Ordinances and other applicable regulations of the OWNER shall be deemed to be embodied in this Contract. The prevailing wage rates applicable to this Project shall be either Document 00811 —Wage Scale for Engineering Construction, or Document 00813 —Wage Scale for Building Construction, or both, as set out in the Project Manual. 4.04 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this Contract and that he will not assign, by power of attorney or otherwise, or sublet said Contract, or any rights, duties or obligations arising thereunder, in whole or in part, without the prior written consent of the OWNER, and that no part or feature of the Work will be sublet to anyone objectionable to the ENGINEER or the OWNER. In addition, the OWNER reserves the right to disapprove the subletting of this Contract or any portion hereof on any basis whatsoever. The CONTRACTOR further agrees that the subletting of any portion or feature of the Work or materials required in the performance of this Contract shall not relieve the CONTRACTOR from his obligations to the OWNER, as provided for by this Agreement. 4.05 PERFORMANCE, PAYMENT AND MAINTENANCE BONDS. In the event the Contract Price shall be in excess of $25,000.00, the CONTRACTOR shall execute separate Performance, Payment and Maintenance Bonds, each in the sum of one hundred percent(100%) of the Contract Price, and each in accordance with the provisions of Chapter 2253 of the Texas Government Code. If the Contract Price does not exceed $25,000.00, the statutory bonds will not be required. All required Bonds shall be payable to OWNER and on forms approved by the OWNER, and shall be executed by a corporate surety in accordance with Article 7.19-1 of the Texas Insurance Code. It is agreed that the Contract shall not be in effect until such original Performance, Payment and Maintenance Bonds are delivered to and approved by the OWNER. The cost of the premium for the Performance, Payment and Maintenance Bonds, should Maintenance Bonds be required, shall be included in the CONTRACTOR's Bid Proposal. All bonds shall be issued by Texas Department of Insurance approved surety companies. 4.06 INSURANCE. The CONTRACTOR, at his own expense, shall procure, maintain and keep in force throughout the duration of the Work, and throughout the Guarantee Period, insurance as specified in Attachment No. 1 hereto with regard to Workers' Compensation Insurance, and as specified in Attachment No. 3 hereto with regard to all other Insurance. Such insurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection with this Contract, whether performed by the CONTRACTOR or a subcontractor, or others for whom CONTRACTOR is responsible. 4.07 PERMITS AND FEES. Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for all permits, licenses, and inspections necessary for proper execution and completion of the Work, and which are legally required at the time bids are received. Permits required by the City of Pearland will be issued as a NO FEE permit. 4.08 TEXAS STATE SALES TAX. Materials incorporated into this project are exempt from State Sales according to provisions of the Texas Tax Code, Chapter 151, Subsection H. 10-2012 00700-9 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT The Contractor must obtain a limited sales, excise and use tax permit or exemption certificate which shall enable him to buy the materials to be incorporated into the Work without paying tax at due time of purchase. 4.09 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this Contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the ENGINEER as the OWNER'S representative. The superintendent shall represent the CONTRACTOR in his absence and shall act as the agent of the CONTRACTOR, and all directions given to him shall be binding as if given to the CONTRACTOR. Adequate supervision by competent and reasonable representatives of the CONTRACTOR is essential to the proper performance of the Work, and lack of such supervision shall be an act of default, and grounds for suspending operations of the CONTRACTOR. The Superintendent cannot be removed from the project without the consent of the Owner; the Superintendent must speak and understand the English language; the Superintendent must be on site when any work on the project is being done, even when a subcontractor is performing the work. The Work, from its commencement to completion, shall be under the exclusive charge and control of the CONTRACTOR, and all risk in connection therewith shall be borne by the CONTRACTOR. Neither the OWNER nor the ENGINEER as the OWNER's representative will be responsible for the acts or omissions of the CONTRACTOR, its subcontractors or any of its agents or employees, or any other persons performing any of the Work. 4.10 CHARACTER OF WORKERS. The CONTRACTOR agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this Contract, to do the Work, and agrees that whenever the ENGINEER shall inform him in writing that any worker or workers on the Work are, in his opinion, incompetent, unfaithful or disorderly, or in the ENGINEER's opinion, are not using their best efforts for the progress of the Work, such worker or workers shall be discharged from the Work and shall not again be employed on the Work without the ENGINEER's written consent. OWNER reserves the right to bar any person, subcontractor, or supplier found to be incompetent, unfaithful, disorderly, or not using their best efforts to progress work or considered to be a threat to the health, safety and welfare to the project or workforce. 4.11 LABOR, EQUIPMENT, MATERIALS, CONSTRUCTION PLANT, AND BUILDINGS. The CONTRACTOR shall provide all labor, services, tools, equipment, machinery, supplies, facilities, utilities and materials necessary in the prosecution and completion of this Contract where it is not otherwise specifically provided that the OWNER shall furnish same; and further, the CONTRACTOR shall be responsible for the care, preservation, conservation and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction and any and all parts of the Work, whether the CONTRACTOR has been paid, partially paid or not paid for such Work, until the entire Work is completed and accepted. The building or placement of structures for housing workers or offices, or the erection of tents or other forms of protection, will be permitted only with the ENGINEER's written permission, and at 10-2012 00700- 10 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. Any structures of any nature constructed, placed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection, placement or construction thereof; and the CONTRACTOR agrees to indemnify and hold the ENGINEER or OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, placement, construction or maintenance of CONTRACTOR's buildings or structures. 4.12 SANITATION. Necessary sanitary conveniences for the use of laborers and others on the Work site, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. Any structures of any nature constructed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection or construction thereof, and the CONTRACTOR agrees to indemnify and hold the ENGINEER and OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, construction or maintenance of CONTRACTOR's buildings. 4.13 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep and maintain the premises free from accumulation of debris, trash and waste. The CONTRACTOR shall remove waste, debris and trash at the end of each work day. CONTRACTOR shall remove all such debris, trash and waste, tools, scaffolding and surplus Cub\,, 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. rIN\ 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 (.1"\. 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 Cul's\ 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. 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 CIP'\ incompatible with federal, state or municipal laws or regulations. The CONTRACTOR shall provide all necessary machinery guards, safe walkways, ladders, bridges, gangplanks, barricades, fences, traffic control, warning signs and other safety devices. 10-2012 00700- 14 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT No alcoholic beverages, non-prescription drugs, or unsafe practices shall be allowed on the Work site. CONTRACTOR shall dismiss anyone participating in any of the above from the Work site for the duration of the Project. Only prescription drug uses with a doctor's authorization to perform construction activities shall be allowed on the Work site. Violation of this provision is a default under the Contract. The use, possession, sale, transfer, purchase or being under the influence of alcohol, drugs or any other illegal or unlawful substance by CONTRACTOR or CONTRACTOR's employees, or CONTRACTOR's subcontractors and employees at any time at the Work site or while on company business is prohibited. CONTRACTOR shall institute and enforce appropriate drug testing guidelines and program. All accidents or injuries to CONTRACTOR's employees working on the job site must be reported verbally and in writing to the ENGINEER immediately, and within no more than eight(8)hours. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, in his sole discretion as an independent contractor. Inclusion of this paragraph in the Agreement, as well as any notice which may be given by the OWNER or the ENGINEER as the OWNER's representative concerning omissions under thus paragraph as the Work progresses, are intended as reminders to the CONTRACTOR of his duty and shall not be construed as any assumption of duty by ENGINEER, or OWNER's representative to supervise safety precautions by either the CONTRACTOR or any of his subcontractors. 4.23 PROTECTION OF ADJOINING PROPERTY. The CONTRACTOR shall employ proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent or adjoining property. THE CONTRACTOR AGREES TO INDEMNIFY, DEFEND, SAVE AND HOLD HARMLESS THE CONSTRUCTION MANAGER, OWNER AND ENGINEER AGAINST ANY CLAIM OR CLAIMS FOR DAMAGES, LOSS, COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, DUE TO ANY INJURY TO ANY ADJACENT OR ADJOINING PROPERTY, ARISING OR GROWING OUT OF THE PERFORMANCE OF THE CONTRACT, REGARDLESS OF WHETHER OR NOT SUCH DAMAGE, LOSS, COST OR EXPENSE IS CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER AND/OR ENGINEER. 4.24 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. THE CONTRACTOR AGREES THAT HE WILL PROMPTLY PAY WHEN DUE, AND WILL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ALL CLAIMS GROWING OUT OF THE DEMANDS OF SUBCONTRACTORS, LABORERS, WORKERS, MECHANICS, MATERIALMEN AND FURNISHERS OF MACHINERY AND PARTS THEREOF, EQUIPMENT, POWER TOOLS AND ALL SUPPLIES, INCLUDING COMMISSARY, INCURRED IN THE FURTHERANCE OF THE PERFORMANCE OF THIS CONTRACT. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may, at the option of the OWNER, either pay directly any unpaid bills of which the OWNER has written notice, or withhold from the CONTRACTOR's unpaid compensation a sum of money deemed reasonably 10-2012 00700- 15 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT sufficient to liquidate any and all such claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this Contract. Any and all communications between any parties under this paragraph shall be in writing. Nothing contained in this paragraph or this Agreement shall create, establish or impose any relationship, contractual or otherwise,between OWNER and any subcontractor, laborer or supplier of CONTRACTOR, nor shall it create, establish or impose any duty upon OWNER to pay or to see to the payment of any subcontractor, laborer or supplier of CONTRACTOR. 4.25 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR shall pay all royalties and license fees and shall provide for the use of any design, device, material or process covered by letters patent or copyright, by suitable legal agreement with the patentee or owner thereof THE CONTRACTOR SHALL DEFEND ALL SUITS OR CLAIMS FOR INFRINGEMENT OF ANY PATENT OR COPYRIGHT AND SHALL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF, EXCEPT SUCH SUITS AND CLAIMS ARISING OUT OF A PARTICULAR DESIGN, DEVICE, MATERIAL OR PROCESS OR THE PRODUCT OF A PARTICULAR MANUFACTURER OR MANUFACTURERS SPECIFIED OR REQUIRED BY THE OWNER; PROVIDED, HOWEVER, IF CHOICE OF ALTERNATE DESIGN, DEVICE, MATERIAL OR PROCESS IS ALLOWED TO THE CONTRACTOR, OR IF CONTRACTOR KNEW OR SHOULD HAVE KNOWN OF THE PATENT OR COPYRIGHT AND FAILED TO PROMPTLY NOTIFY OWNER IN WRITING, THEN THE CONTRACTOR SHALL INDEMNIFY, DEFEND, SAVE AND HOLD THE OWNER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF. 4.26 INDEMNIFICATION. THE CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE ENGINEER AND THE OWNER HARMLESS FROM ANY CLAIMS OR DEMANDS OF ANY NATURE WHATSOEVER MADE BY ANY EMPLOYEE, EMPLOYEES, AGENTS OR SUBCONTRACTORS OF CONTRACTOR, OR BY ANY UNION, TRADE ASSOCIATION, WORKER'S ASSOCIATION OR OTHER GROUPS, ASSOCIATIONS OR INDIVIDUALS, ALLEGEDLY REPRESENTING EMPLOYEES OF THE CONTRACTOR, IN ANY DISPUTE BETWEEN THE CONTRACTOR AND HIS EMPLOYEES, DIRECTLY OR INDIRECTLY INVOLVING, GROWING OUT OF OR ARISING FROM CLAIMS BY SUCH EMPLOYEES FOR WAGES, SALARY, COMPENSATION, BENEFITS, WORKING CONDITIONS OR ANY OTHER SIMILAR COMPLAINT OR CLAIM WHICH MAY BE MADE. THE CONTRACTOR, HIS SURETIES AND INSURANCE CARRIERS SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER AND THE ENGINEER AND THEIR RESPECTIVE OFFICERS, REPRESENTATIVES, AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, CLAIMS, LOSSES, DEMANDS, SUITS, LIABILITIES, JUDGMENTS AND COSTS OF ANY CHARACTER WHATSOEVER, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, AND SHALL BE REQUIRED TO ( PAY ANY JUDGMENT THEREFOR, WITH COSTS, WHICH MAY BE OBTAINED AGAINST THE OWNER AND/OR THE ENGINEER OR ANY OF THEIR OFFICERS, REPRESENTATIVES, AGENTS OR EMPLOYEES, ARISING OUT OF OR RESULTING FROM OR ALLEGEDLY ARISING OUT OF OR RESULTING FROM THE PERFORMANCE 10-2012 00700- 16 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT OF THE WORK, PROVIDED THAT ANY SUCH DAMAGES, CLAIM, LOSS, DEMAND, SUIT, LIABILITY, JUDGMENT, COST OR EXPENSE: (A) ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN PART, OR ALLEGEDLY ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN PART, ANY BREACH OF THIS AGREEMENT OR BREACH OF WARRANTY BY CONTRACTOR; OR (B) IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE OR DEATH OR INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY, INCLUDING THE LOSS OF USE RESULTING THEREFROM; AND IS CAUSED IN WHOLE OR IN PART OR IS ALLEGEDLY CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF THE CONTRACTOR, ANY SUBCONTRACTOR, THEIR AGENTS OR EMPLOYEES OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY ONE OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT IT IS CAUSED IN PART OR ALLEGEDLY CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER, ENGINEER AND/OR A PARTY INDEMNIFIED HEREUNDER. Notwithstanding the foregoing or anything in the Agreement to the contrary, in accordance with the provisions of Section 130.002 of the Texas Civil Practice and Remedies Code, CONTRACTOR shall not be obligated to indemnify or hold harmless the ENGINEER, his agents, servants or employees, from liability for damage that is caused by or results from defects in plans, designs or specifications prepared, approved or used by the ENGINEER, or negligence of the ENGINEER in the rendition or conduct of professional duties called for or arising out of any construction contract and the plans, designs or specifications that are a part of the construction contract, and arises from personal injury or death, property injury, or any other expense that arises from personal injury, death, or property injury. This indemnity agreement is a continuing obligation, and shall survive notwithstanding completion of the Work, Final Payment, expiration of the warranty period, termination of the Contract, and abandonment or takeover of the Work. CONTRACTOR's indemnification obligations hereunder shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or a subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts, and shall not be limited by any limitation on amounts or coverage of insurance provided or to be provided under this Contract. 4.27 LOSSES FROM NATURAL CAUSES. All loss, cost, expense or damage to the CONTRACTOR arising out of the nature of the Work to be done or from any unforeseen circumstances in the prosecution of the same, or from the action of the elements, or from unusual obstructions or difficulties which may be encountered in the prosecution of the Work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 10-2012 00700- 17 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.28 GUARANTEE. The CONTRACTOR hereby guarantees all the Work under the 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 Cub) time of prosecution shall be such that the Work shall be Substantially Completed as a whole and in part, in accordance with this Contract and the Contract Time; provided, also, that when the OWNER is having other work done, either by contract or by his own forces, the ENGINEER may direct the time and manner of constructing the Work done under this Contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized, and the CONTRACTOR shall fully cooperate and coordinate its Work with OWNER or such other contractors. The CONTRACTOR shall submit, an updated schedule with every pay estimate for review by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the Work, with dates on which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. Such schedules shall show completion of the Work within the Contract Time, and/or shall show such recovery efforts as CONTRACTOR intends to undertake in the event Substantial Completion of the Work is delayed. 5.02 EXTENSION OF TIME. The CONTRACTOR agrees that he has submitted his Bid Proposal in full recognition of the time required for the completion of this Project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions as hereinafter set forth, and that he shall not be entitled to, nor will he request, an extension of time on this Contract, except when Substantial Completion of the Work has been delayed solely by strikes, lockouts, fires, Acts of God, or by any other cause which the ENGINEER shall decide justifies the delay. The CONTRACTOR shall give �'` the ENGINEER prompt notice, in writing and within three (3) days of the start of any such delay, ` of the cause of any such delay, and its estimated effect on the Work and the schedule for completion of the Work. Upon receipt of a written request for an extension of the Contract Time from the CONTRACTOR, supported by relevant and all requested documentation, the 10-2012 00700- 18 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ENGINEER shall submit such written request, together with his written recommendation, to the OWNER for consideration. If the delay is not attributable in whole or in part to any act or omission of CONTRACTOR, its subcontractors or suppliers, and if the OWNER determines that CONTRACTOR is entitled to an extension of time under the terms of the Contract, the OWNER shall grant an extension of time for Substantial Completion of the Work, sufficient to compensate for the delay, and such extension of time shall be CONTRACTOR's sole and exclusive remedy, except as may be otherwise provided herein. No extensions of Contract Time shall be made for delays occurring prior to the Contractor's mobilization as defined in Section 01505 MOBILIZATION. The Contract Time as defined in the Bid Proposal and other sections herein incorporates 40 Rain Days per calendar year or an average of 3.33 days per calendar month. The CONTRACTOR is required to keep record of all weather related delays and to submit the monthly count on each Pay Application. The Owner's Representative shall review and sign off on this record as a part of the Pay Application approval process every month. If, during preparation of the Balancing Change Order, the status of the work progress requires an extension of the Contract Time, Impact Days shall be added to the Completion Date equal to the total number of Weather or Impact Days approved less the original 40 days resident in the original Contract Time. The Addition of Weather or Impact Days will only alter the Contract Time when added by Change Order. If the Work is completed prior to the Completion Date, No Days will be added. The addition of Weather or Impact Days shall be the CONTRACTOR's sole remedy for delays to the completion of the Work and their addition to the Contract Time shall not affect the Contract Price through any "per diem" adjustment to the General Conditions costs, Temporary Facilities costs or any other costs associated with the extension of the Contract Time. (11. 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 per'' 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 7\1 cannot be accurately measured or that ascertainment will be difficult. Therefore, the parties agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the Contract Time, the CONTRACTOR shall pay, as liquidated damages and as a reasonable estimate of OWNER's damages, and not as a penalty, the amount set out in the Standard Form of Agreement. However, the foregoing agreement as to liquidated damages constitutes only an agreement by the OWNER and the CONTRACTOR as to the amount of damages which the OWNER will sustain by reason of the CONTRACTOR'S failure to complete the work within the Contract Time. Should the OWNER suffer damage by reason of any other breach by CONTRACTOR, the OWNER may recover such actual damages in addition to any liquidated damages due. The OWNER shall have the right to deduct and withhold the amount of any and all such damages whether it be the minimum amount stipulated above or otherwise, from any monies owing by it to said CONTRACTOR, or the OWNER may recover such amount from the CONTRACTOR and the sureties of his bond; all of such remedies shall be cumulative and the OWNER shall not be required to elect any one nor be deemed to have made an election by proceeding to enforce any one remedy. 5.06 CHANGE OF CONTRACT TIME: The Contract Time may only be changed by a Change Order. Any claim for an adjustment of Contract Time shall be based on written notice delivered by the party making such claim to the other party and to the ENGINEER promptly, but in no event later than ten (10) days after the event-giving rise to the claim. Notice of the extent of \\ the claim, along with supporting data, shall be delivered within thirty (30) days of the occurrence and shall be accompanied by the claimant's written representation that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in Contract Time shall be determined by the ENGINEER in accordance with the requirements of this paragraph. Contractor shall submit, as a minimum, the following data: A. Information showing that the time requested is not included in the existing Contract and in addition to the Contract. B. Information documenting that the number of days requested is accurate for the event. 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 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 (.6\1 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 of36 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 (11.", 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 C1161 Schedule of Values shall be used by ENGINEER as the basis for reviewing the Contractor's Application for Payment. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. On or before the tenth day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER, for approval or correction, an application for partial payment, being a statement showing as completely as practicable, the agreed unit quantities and extended total value of the Work done by the CONTRACTOR up to and including the twenty-fifth day of the preceding month; said statement shall also include the value of all conforming materials to be fabricated into the Work and stored in accordance with manufacturer's recommendations and as approved by the OWNER or ENGINEER at the Work site only. No payment will be made for materials stored until OWNER has approved in writing storage at the Work site. The ENGINEER shall then review such statement of unit quantities and application for partial payment and the progress of the Work made by the CONTRACTOR and, within ten days after the date ENGINEER receives CONTRACTOR's application for payment, if the application is found to be accurate and correct and the WORK conforming to the requirements of the Contract Documents, the ENGINEER shall certify the application for partial payment and shall deliver his preliminary certification for payment to the OWNER and the CONTRACTOR; or, if the ENGINEER finds that CONTRACTOR's application for payment contains an error or is otherwise disputed, he shall notify CONTRACTOR of such error or dispute, and shall prepare a preliminary certificate for partial payment for the undisputed amount of the application for payment due CONTRACTOR, and deliver it to the OWNER and CONTRACTOR. ENGINEER'S notice to CONTRACTOR that ,,#1°. a bona fide dispute for payment exists shall include a list of the specific reasons for nonpayment. All payment applications made by CONTRACTOR and delivered to ENGINEER and all verifications and certification of such applications shall be made and transmitted within the Pro- Trak system and signed with the appropriate electronic signatures as provided for in the software. 10-2012 00700-22 of 36 CITY OFPEARLAND 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 (1'\, 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; Cub') (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. Cs *N' When the above grounds are removed to OWNER's satisfaction, the withheld payment shall be made promptly. If the said causes are not so remedied, OWNER may remedy the same for CONTRACTOR's account, charge the entire cost thereof to CONTRACTOR and deduct such cost 10-2012 00700-26 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT from the Contract Sum or from any payments due or to become due under any other agreement between OWNER and CONTRACTOR. 6.13 DELAYED PAYMENTS. Should the OWNER fail to make payment to the CONTRACTOR when payment is due in accordance with the terms of the Contract Documents, any interest due CONTRACTOR for late payments shall accrue and be paid in accordance with the provisions of Chapter 2251 of the Texas Government Code, as amended, and payment of such interest shall fully liquidate and compensate any injury to the CONTRACTOR growing out of such delay in payment. Should OWNER fail to pay CONTRACTOR an undisputed amount due within the time limits provided in the Contract or applicable law, CONTRACTOR shall give the notice required and comply with the provisions of Section 2251.051 of the Texas Government Code, and shall thereupon be entitled to the rights and remedies provided therein. 7.0 EXTRA WORK AND CLAIMS 7.01 DIFFERING SITE CONDITIONS. During the progress of the work, if subsurface, latent physical conditions or unknown physical conditions of an unusual nature are encountered at the site that differ materially from those indicated in the contract or from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, the CONTRACTOR shall notify the OWNER's Representative in writing within three (3) calendar days of the specific differing conditions before the site is disturbed and before the affected work is performed. (a)Upon written notification, the ENGINEER will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits,will be made and the contract modified in writing accordingly. The ENGINEER will notify the CONTRACTOR in writing of the determination whether or not an adjustment of the contract is warranted. (b)No contract adjustment which results in a benefit to the CONTRACTOR will be allowed unless the CONTRACTOR has provided the required written notice. (c)No contract adjustment will be allowed under this clause for any effects caused on unchanged work. 7.02 SUSPENSIONS OF WORK ORDERED BY THE ENGINEER. If the performance of all or any portion of the work is suspended by the ENGINEER in writing for seven(7) calendar days and the CONTRACTOR believes that additional compensation and/or contract time is due as a result of such suspension, the CONTRACTOR shall submit a written request for adjustment to the ENGINEER within seven(7) calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. (a)Upon receipt, the ENGINEER will evaluate the CONTRACTOR's request. If the Clutb\' 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 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 (1 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 10-2012 00700-29 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT of a Work Order by the ENGINEER shall not constitute or be construed as an agreement or acknowledgement by the ENGINEER that the work which is the subject of the Work Order is Extra Work outside the scope of the Contract Work, but shall merely constitute a direction to the CONTRACTOR to perform the work, and the CONTRACTOR shall proceed with the work, and shall keep an accurate account of the "Actual Field Cost" thereof, as provided under Method (C). Upon completion of the alleged Extra Work, the CONTRACTOR shall promptly and within ten (10) days submit his claim to the ENGINEER by proper certification and attestation, on forms provided by the ENGINEER. The ENGINEER shall render a written decision on CONTRACTOR's claim within ten (10) days. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time, shall be final and conclusive and binding upon the parties. If the ENGINEER shall fail to respond in writing to CONTRACTOR's claim within thirty (30) days of the date of submission, or if CONTRACTOR shall dispute or object to ENGINEER's decision on any claim, and CONTRACTOR fails to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0, within sixty(60) days after the date of submission to the ENGINEER, or such longer period as the parties may agree to in writing, the CONTRACTOR shall lose and forfeit his right to make such claim for Extra Work at any later date, and all such claims held by the CONTRACTOR shall be deemed waived, forfeited and forever barred. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 7.07 TIME OF FILING CLAIMS. Except as otherwise provided herein, all questions of dispute or adjustment shall be made within the Pro-Trak system and filed with the ENGINEER within three (3) days after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty(30) days to such written exceptions, and render his final decision in writing. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time, shall be final and conclusive and binding upon the parties. In case the CONTRACTOR should desire to appeal from the ENGINEER's decision, the CONTRACTOR may request a meeting between representatives of the OWNER and the CONTRACTOR for the purposes of appealing the ENGINEER's decision directly to the 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. (11.6\ 10-2012 00700-30 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (.11 \ 8.0 DEFAULT 8.01 DEFAULT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume Work within five (5) days after written notification from the OWNER or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER when such orders are consistent with the Contract Documents, or if the CONTRACTOR otherwise defaults on its obligations under the Contract, OWNER shall have the right, if it so elects and without prejudice to any other rights it may have, after giving five (5) days written notice of default to CONTRACTOR and any surety, to terminate the Contract or any part thereof and/or to take over or cause others to take over the Work or any part thereof, and to complete such Work for the account of CONTRACTOR. Where Performance and Payment Bonds exist, the sureties on these bonds shall be directed to complete the Work in conjunction with the notice of default, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of default, the CONTRACTOR shall promptly and within no more than three (3) days, remove from the Work any machinery, equipment, or tools then on the job, not intended for incorporation into the Work. Should CONTRACTOR fail to promptly remove such machinery, equipment or tools, OWNER may remove such machinery, equipment or tools and store same at CONTRACTOR's expense; return such machinery, equipment or tools to their purported owner; or otherwise dispose of such machinery, equipment or tools as OWNER sees fit. Any materials, supplies and/or equipment delivered for use in the Work, may be used in the (''1 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 10-2012 00700-31 of36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (b) The OWNER, under sealed bids, under the times and procedures provided for by law, may let the contract for completion of the Work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the OWNER under the completion contract, as compared to what would have been the cost under this Contract, such increase shall be charged to the CONTRACTOR, and the amount of such increase may be deducted by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR, or the CONTRACTOR and/or his surety shall promptly pay the amount of such increase to the OWNER upon demand. However, should the cost to complete any such completion contract prove to be less than what would have been the cost to complete under this Contract, the CONTRACTOR and/or his surety shall be credited therewith. In the event of a default by CONTRACTOR, no further payments shall be made to CONTRACTOR under the Contract until the Work is Finally Completed. When the Work shall have been Finally Completed, the CONTRACTOR and his surety shall be so notified. A complete itemized statement of the Contract accounts, certified by the ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his surety, whereupon the CONTRACTOR and/or his surety shall pay the balance due as reflected by said statement. The OWNER, prior to incurring an obligation to make payment hereunder, shall have such statement of completion attested to by the CONTRACTOR and the surety as accurate, and in exchange for payment of the sum stated therein, the OWNER shall be entitled to a full and final release of any claims or demands by the CONTRACTOR or the surety. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this Contract, or when the CONTRACTOR and/or his surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools or supplies left on the site of the Work shall be turned over to the CONTRACTOR and/or his surety. Should the cost to complete the Work exceed the Contract Price, and the CONTRACTOR and/or his surety fail to pay the amount due the OWNER within the time designated above, and there remains any machinery, equipment, tools, materials or supplies which are the property of CONTRACTOR on the site of the Work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his surety at the respective addresses designated in the Contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his surety, subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date 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 10-2012 00700-32 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT accordance with OWNER's direction, OWNER shall have the right, without prejudice to the rm.\ exercise of other remedies for the same default and without fully taking over the Work, to supplement CONTRACTOR's forces and to expedite delivery of and to procure and furnish such workers, materials, tools, supplies or equipment for CONTRACTOR's account by employing other contractors and suppliers engaged in the same class of work and charge the entire cost thereof to CONTRACTOR, said cost to be deducted from sums due or to become due to CONTRACTOR under the Contract or any other agreement with OWNER or any parent, subsidiary or affiliate of OWNER. 8.03 CUMULATIVE REMEDIES & SPECIFIC PERFORMANCE. All rights and remedies of OWNER, under the terms of the Contract and/or available at law or in equity, are cumulative. In the event CONTRACTOR or any of its subcontractors, vendors or suppliers fails or refuses for any reason to provide timely manufacture, fabrication, delivery, installation, erection, construction or completion of any supplies, materials, expendables, equipment, machinery, accessories or appurtenances to be furnished hereunder, CONTRACTOR acknowledges and agrees that such items are required, necessary, essentially unique to the Project and the Work and will cause irreparable harm to OWNER and the Project if not furnished in accordance with the Contract, and OWNER shall have the right to obtain a decree of specific performance and mandatory injunctive relief from any Court of competent jurisdiction to ensure the timely furnishing of such items. 8.04 CROSS-DEFAULT. If, for any reason, CONTRACTOR is declared in default and/or terminated by OWNER under any other agreement with OWNER, whether related to the Project or not related to the Project, OWNER shall have the right to offset and apply any amounts which might be owed to OWNER by CONTRACTOR under any other such agreements against any earned but unpaid amounts owing to CONTRACTOR by OWNER under the Contract, any retainage earned by CONTRACTOR under the Contract or any unearned, unpaid amount under the Contract. 8.05 INSOLVENCY. It is recognized that if CONTRACTOR becomes a debtor in voluntary or involuntary bankruptcy proceedings, makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of his insolvency, such events could seriously impair or frustrate CONTRACTOR's performance of the Work. Accordingly, it is agreed that should CONTRACTOR become a debtor in bankruptcy, either voluntary or involuntary, CONTRACTOR shall notify OWNER in writing within twenty-four (24) hours of the filing with the bankruptcy court. Further, it is agreed that upon occurrence of any one or more such events, OWNER shall be entitled to request of CONTRACTOR or its successors, trustees or receivers, adequate assurances of future performance. In the event such adequate assurances are not given to the reasonable satisfaction of OWNER within seventy-two (72) hours of such request, OWNER 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 10-2012 00700-33 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT entered into by CONTRACTOR pursuant to this Agreement, such assignment to become effective upon CONTRACTOR's default under this Agreement or OWNER's termination of this Contract, and OWNER's acceptance of such assignment. Upon CONTRACTOR's default or OWNER's termination of this Contract, OWNER may, in the event there is no performance bond for the Contract, or in the event the performance bond surety fails to complete the Contract, or if OWNER otherwise so elects in its sole discretion, accept such assignment by written notice of such acceptance to CONTRACTOR and subcontractor, and may require subcontractors to perform all of the then unperformed duties and obligations under the subcontract, for the direct benefit of OWNER. In the event OWNER requires such performance by a subcontractor, then OWNER shall be obligated to pay such subcontractor any amounts due and owing under the terms of the subcontract/purchase order, at the subcontract prices and rates, and subject to any rights of withholding or offset and other terms and conditions of the subcontract, for all work properly performed by such subcontractor, to the date of OWNER's acceptance and thereafter. OWNER's liability in this connection, however, shall not exceed the amount obtained by subtracting all payments made by CONTRACTOR to subcontractor from the Subcontract Price at the time of CONTRACTOR's default or OWNER's termination of CONTRACTOR. CONTRACTOR shall include a provision in its subcontracts that allows such assignment and allows OWNER to take these actions, and further provides that in the event of CONTRACTOR's termination for default, the subcontractor agrees to give the OWNER or its agent the right to inspect all books and records of subcontractor relating to the Work. 8.07 WAIVER OF CONSEQUENTIAL DAMAGES. CONTRACTOR expressly waives any and all claims for consequential damages against OWNER arising out of or related to this Contract, or any other agreements between CONTRACTOR and OWNER, including, but not limited to, claims for damages incurred by CONTRACTOR for principal office expenses, including the compensation of personnel stationed there, losses of fmancing, 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 (111 exceed the Contract Price. The compensation provided herein shall be CONTRACTOR's sole and exclusive remedy arising out of a termination for convenience. 10-2012 00700-34 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8.09 DEFAULT BY OWNER. In case the OWNER shall default on its material obligations under this Contract, other than OWNER's failure to pay CONTRACTOR a disputed amount due within the time limits provided in the Contract or applicable law, as addressed by Section 6.13 of this Agreement, and shall fail or refuse to cure, or to commence and diligently pursue cure of such default within fifteen (15) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the Work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of the Work that have not been included in payments to the CONTRACTOR and have not been incorporated into the Work. And thereupon, the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all Work actually completed by said CONTRACTOR (at the Contract Prices), the value of all partially completed Work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this Contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole Work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement, and shall present the same to the OWNER, and OWNER's payment of said sum to the CONTRACTOR, on or before thirty (30) days after OWNER's receipt of such statement, shall satisfy any and all rights, claims or causes of action of CONTRACTOR arising out of or related to such default by OWNER, and shall be CONTRACTOR's sole and exclusive remedy for such default. A disputed or unilateral claim by the Contractor cannot by itself constitute a default hereunder. (111 , 9.0 DISPUTE RESOLUTION Any dispute or pending claim or dispute resolution process between OWNER and CONTRACTOR shall not excuse or relieve CONTRACTOR of its obligations under the Contract, and CONTRACTOR shall diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. All claims, disputes and other matters in question arising out of or relating to, the Contract, or the breach thereof, shall be subject to mediation as a condition precedent to any other dispute resolution process as may be selected by OWNER. Unless mutually agreed otherwise the mediation shall be conducted by a third party who will be selected by agreement between OWNER and CONTRACTOR, and Request for Mediation shall be filed with the other party. The parties shall share the mediator's fee and any filing fees equally. If a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the work of a subcontractor or supplier, OWNER or CONTRACTOR may join such subcontractor or supplier as a party to any mediation proceeding between OWNER and 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, 10-2012 00700-35 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Texas, or, if such choice of venue is prohibited or unenforceable by law, shall be held in the county where the Project is located. CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in the event OWNER seeks to enforce any provision of this Contract whether by arbitration or other dispute resolution process. Further, in the event OWNER defends any claim instituted by CONTRACTOR against OWNER, whether in arbitration or other dispute resolution process, CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in defending such claim provided OWNER is the prevailing party, in whole or in part, in such proceeding. 10-2012 00700-36 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 1 TO GENERAL CONDITIONS WORKERS' COMPENSATION INSURANCE COVERAGE A. DEFINITIONS: Certificate of coverage ("certificate") _ A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project for the duration of the Project. Duration of the Project .includes the time from the beginning of the Work on the Project until the contractor's/person's work on the Project has been completed and the Project warranty period has expired. Persons providing services on the project includes persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with due contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, motor carriers and owner- operators, (as defined at Section 406.121 of the Texas Labor Code), leasing companies, and employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for employees of the contractor providing services on the project, for the duration of the project. C. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the Contract. D. If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. E. The CONTRACTOR shall obtain from each subcontractor or other person providing services on a project, and provide to the OWNER: (I) a certificate of coverage, prior to that person beginning work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 05/2007 00700-Al CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (2) no later than seven days after receipt by the CONTRACTOR and prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 days after the CONTRACTOR knew or should have known, of any changes that materially affect the provision of coverage of any person providing services on the Project. H. The CONTRACTOR shall post on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. NOTICE REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440- 3789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." 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 (11"*\, 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 Buisness Center Driver Library Expansion (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 (11. . 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 dayof , 20_. CONTRACTOR: By: Signature Print Name: Title: [If CONTRACTOR is a proprietorship, owner must sign; if a partnership, each general partner must sign; if a corporation, the following language should be used.] SIGNED and EXECUTED this, the day of 20_by , a Texas corporation, under authority granted to the undersigned by said corporation as contained in the Charter, By-Laws or Minutes of a meeting of said corporation regularly called and held. CONTRACTOR: By: President ATTEST: Corporate Secretary (Corporate Seal) [This form is for use by either a proprietorship or a partnership. In the event CONTRACTOR is a partnership or a joint proprietorship, additional signature lines should be added for each individual.] 05/2007 00700-B2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared the person or persons whose name(s) are subscribed to the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, who each, after being by me duly sworn, on their oaths deposed and said: I (We) am (are) the person(s) who signed and executed the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, and I(we) have read the facts and statements as therein set out and the representations as made therein, and I(we) state that the above and foregoing are true and correct. CONTRACTOR-Affiant SWORN TO AND SUBSCRIBED TO before me, the day of 20_. Notary Public, State of Texas My Commission Expires: [This form is for use in the event CONTRACTOR is a corporation.] 07/2006 00700-B3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared the persons who signed and executed the above and foregoing Agreement for Final Payment mid Contractor's Sworn Release, whose names are set out above, who each, after being by me duly sworn, on their oaths deposed and said: We each are the persons whose names are subscribed above, and hold respectively the offices in the corporation as set out above, and each state under oath that we have the authority to execute this Agreement for Final Payment and Contractor's Sworn Release for and on behalf of said corporation,pursuant to authority granted to us in the Charter of said corporation, the By-Laws of said corporation and/or the Minutes of said corporation; and the facts, statements and representations as set out in the instrument to which this Affidavit is attached, are true and correct. SWORN TO AND SUBSCRIBED TO before me this, the day of 20 (1.1\ 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 (111.1b\' 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 OFPEARLAND GENERAL CONDITIONS OF AGREEMENT material reduction—60 days prior written notice to each insured xii. Occupancy clause, as required in F, Included below xiii. Ordinance or law Included without sublimit xiv. Pollutant clean-up and removal $ TBD xv. Preservation of property Included without sublimit xvi. Replacement cost Included xvii. Theft Included without sublimit xviii. Waiver of subrogation as required in G, Included below. 4.6.3 Amount of Insurance. Coverage shall be provided in an amount equal at all times to the full replacement value and cost of debris removal for any single occurrence. 4.6.4 Deductibles. Deductibles shall not exceed the following: a. All Risks of Direct Damage, Per $5,000 Occurrence, except b. Delayed Opening Waiting Period 5 Days c. Flood, Per Occurrence $25,000 or excess of NFIP if in Flood Zone A, B or V d. Earthquake and Earthquake Sprinkler $25,000 Leakage, Per Occurrence 4.6.5 Termination of Coverage. The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed so long as such occupancy does not exceed 20% of the usable area of the property. This insurance shall be maintained in effect, unless otherwise provided for in the Contract Documents, until the earliest of the following dates: a. the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; b. the date on which final payment, as provided for in the Agreement to which this Exhibit is attached, has been made; or c. the date on which the insurable interests in the Covered Property of all insureds other than Contractor have ceased. 10-2012 00700-C7 CITY OFPEARLAND 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 1111114 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 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.) ral\ 10-2012 00811 - 1 of 6 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION (.111'6\: General Decision Number: TX140043 05/09/2014 TX43 Superseded General Decision Number: TX20130043 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 01/03/2014 1 01/31/2014 2 05/09/2014 ASBE0022-001 06/02/2012 Rates Fringes Insulator/asbestos worker (includes application of all insulationg materials, rb protective coverings, coatings and finishing to all types of mechanical systems) $ 20.41 9.55 BOIL0132-001 01/01/2013 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 * CARP0551-002 04/01/2014 Rates Fringes Carpenter (including Acoustical Ceiling Work) $ 21.97 7. 98 ELEV0031-001 01/01/2013 (111111 Rates Fringes ELEVATOR MECHANIC $ 37.545 25.185+a 10-2012 00811 -2 of 6 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION r FOOTNOTES: A. 6% under 5 years based on regular hourly rate for all hours worked. 8% over 5 years based on regular hourly rate for all hours worked. New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Friday after Thanksgiving Day; Christmas Day; and Veterans Day. PLAS0681-002 04/01/2005 Rates Fringes PLASTERER Galveston County $ 20.15 3.20 PLUM0068-005 10/01/2012 Rates Fringes Plumbers (Excluding HVAC Pipe) $ 30.29 9.50 PLUM0211-003 10/01/2013 Rates Fringes Pipefitter including HVAC pipe $ 29.39 10.31 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 (7" Drywall Hanger (Including Metal Stud Install) $ 12.49 . 1.38 10-2012 00811 -3 of 6 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION ELECTRICIAN (Including (.1116 Pulling Wire and Low Voltage Wiring and Installation of Fire Alarms, Security Systems, Telephone and Computers) $ 17.55 2. 91 Formbuilder/Formsetter $ 11. 66 0.00 GLAZIER $ 14.55 2.46 INSULATOR -BATT AND FOAM $ 11.00 0.00 IRONWORKER, REINFORCING $ 12.02 0.00 IRONWORKER, STRUCTURAL $ 13.75 0.00 Laborers: Common $ 10.26 0.00 Mason Tender (Brick) $ 10.27 0.00 Mason Tender (Cement) $ 9.88 0.00 Pipelayer $ 12.00 0.00 Plasterer Tender $ 12. 90 2.51 LATHER $ 16. 90 3. 61 Painter - Brush, Roller & Spray $ 11.14 0.00 (111111 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) ) . 10-2012 00811 -4 of 6 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM0198-005 07/01/2011. The first four letters , PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable , i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these 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. rh'\ 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 (.111 1. ) Has there been an initial decision in the matter? This can be: * an existing published wage determination 10-2012 00811 -5 of 6 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION * a survey underlying a wage determination (111h.\ * 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 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 10-2012 00811 -6 of 6 CITY OFPEARLAND SPECIAL CONDITIONS OF AGREEMENT Section 00800 SPECIAL CONDITIONS OF AGREEMENT The following Special Conditions modify the General Conditions, Document 00700. Where a portion of the General Conditions is modified or deleted by these Special Conditions, the unaltered portions of the General Conditions shall remain in effect. ARTICLE 1 DEFINITIONS AND INTERPRETATIONS 1.01 Add the following paragraph to the end of Article 1.01: The OWNER'S representative on the project site is: Doug Talbott telephone: 281. 652.1645 The CONSTRUCTION MANAGER is: telephone: The CONSTRUCTION INSPECTOR is: telephone: ARTICLE 4 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4.05 Add the following paragraph to Article 4.05: A Maintenance Bond in accordance with Document 00612 of the Project Manual is required for this Project. The cost of this bond shall be included in the CONTRACTOR'S Bid Proposal. Attachment No. 3 To General Conditions, Owner's Insurance Requirements of Contractor, Article 4.6 Builder's Risk—Builder's Risk Insurance is Required for this project. ARTICLE 5 PROSECUTION AND PROGRESS 5.08 Add Article 5.08: The Contract Time as defined in the bid and other sections of the Contract Documents includes a certain number of rain days. Based on the Alvin Weather Center Records, the average annual rain days from June 1898 to December 1996 is 40 days calculated from all precipitation days of record. The CONTRACTOR is required to keep a record of rain days at the site. The record of rain days must be accepted and signed by the City Inspector monthly, and shall be reported on the monthly pay estimate submittal. At the end of the contract, the CONTRACTOR will be credited only for the number of accepted rain days that exceed 40 rain days per year,proportionate to the original Contract Time. General Notes: Sections 00100 Invitation to Bidders, 00200 Instructions to Bidders and 01505 Mobilization all make reference to provision by the CONTRACTOR of a laptop computer for use by the OWNER'S representative or CONSTRUCTION MANAGER. BIDDER is Not Required to 2-24-12 00800- 1 of 2 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT provide this equipment or include this cost in the Bid. See Section 13730 for full details regarding this computer equipment. Section 01500 Temporary Facilities requires CONTRACTOR to provide high speed internet access in the Field Office. BIDDER is Not Required to provide either a Field Office or any internet access for this project. All other requirements remain and will be required per the section. It is the responsibility of the Contractor to coordinate with the Owner for all Traffic Control Documents. Contractor to coordinate with the Owner for procurement of Traffic Control Documents prior to permitting. Contractor is to keep a minimum of one lane open at all times,in both directions. No lane closures to extend beyond the defined work day. Contractor Will Not be required to provide an on-site construction office for the duration of this project. END OF SECTION (111'\ 2-24-12 00800-2 of 2 CITY OF PEARLAND ADDENDUM Section 00900 ADDENDUM NO. 1 Date: 08/08/2014 PROJECT: Business Center Drive Library Expansion Project BID NO.: 0714-51 BID DATE: Tuesday, August 19, 2014; 2:00 pm FROM: David Baker Principal Wilson Architectural Group 5051 Westheimer, Suite 200,Houston, Texas 77056 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: REVISED: 00010 Table of Contents 00100 Invitation to Bidders 00200 Instructions to Bidders 00300 Bid Proposal 00500 Standard Form of Agreement 00700 General Conditions of Agreement 00811 Wage Scale for Engineering Construction 01100 Summary of Work 01770 Contract Closeout E® 49 co A\a E a SPECIFICATIONS: lu 43- o NONE 45 z4143 irg 84,4/7t CONSTRUCTION DRAWINGS: ®F REVISED: A1.00 Demolition Floor Plan A1.01 Renovation Floor Plan A8.00 Schedule and Opening Details 2-22-12 00900- 1 of 2 CITY OF PEARLAND ADDENDUM END OF ADDENDUM NO. 1 David Baker Principal 2-22-12 00900-2 of 2 CITY OF PEARLAND SUMMARY OF WORK 07/2006 01100- 1'of 2 (111111 Section 01100 SUMMARY OF WORK 1.0 GENERAL 1.01 SECTION INCLUDES A A summary of the Work to be performed under this Contract,work by Owner,Owner furnished products, Work sequence, future Work, Contractor's use of Premises, and Owner occupancy. 1.02 WORK COVERED BY CONTRACT DOCUMENTS A Work of the Contract is for the construction of an expansion space with approximately 4,000 square foot interior build out in an existing retail shell space.The expansion will include; additional library stacks,teen area with mirrors,private study rooms,offices, renovation of the staff lounge area, work room, and front desk relocation/ modifications.Architectural finishes shall match existing.Mechanical,electrical,and plumbing, including a new roof top air handling system are planned. Structural requirements for concrete utility in-fill and modifications for the roof is anticipated. 1.03 WORK BY OWNER A City of Pearland will provide library bookstacks and furniture. 1.04 OWNER FURNISHED PRODUCTS A None. 1.05 WORK SEQUENCE A Contractor to submit project schedule to Engineer&Owner for approval as specified in Section 01300—Submittals. B Contractor shall coordinate the Work with the Engineer and Owner as specified in Section 01040 - Coordination and Meetings. 1.06 FUTURE WORK A None. 1.07 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. rib\ B Contractor shall be responsible for all utilities required for construction. CITY OF PEARLAND SUMMARY OF WORK 07/2006 01100- 1 of2 CITY OF PEARLAND SUMMARY OF WORK 07/2006 01100-2 of2 1.08 OWNER OCCUPANCY A Cooperate with the Owner to minimize conflict, and to facilitate the Owner's operations. Coordinate Contractor's activities with Engineer. B Schedule Work to accommodate this requirement. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION-NotUsed END OF SECTION (11111'''' CITY OF PEARLAND SUMMARY OF WORK 07/2006 01100-2 of 2 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES Section 01140 (.16\ WORK RESTRICTIONS PART1 -GENERAL RELATED DOCUMENTAIONS Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Divisions) Specifications, apply to this Section. USE OF PREMISES A. Use of Site: Limit use of premises to work in areas indicated. Do not disturb portions of site beyond areas in which the Work is indicated. B. Limits: Confine construction operations and all personnel to specific areas of work C. Owner Occupancy: Allow for Owner occupancy and use of site and building. D. Driveways and Entrances: Keep driveways and entrances serving premises clear and available to Owner, the general public, and emergency vehicles at all times. E. Do not use these areas for parking or storage of materials. 1. Schedule deliveries to minimize use of driveways and entrances. 2. Schedule deliveries to minimize space and time required for storage of materials and equipment on site. OCCUPANCY REQUIREMENTS A. Owner reserves the right to occupy and to place and install equipment in completed areas of the building(s),before Substantial Completion,provided such occupancy does not interfere with the completion of the Work. Such placement of equipment and partial occupancy shall not constitute acceptance of the total Work. 1. Architect will prepare a Certificate of Substantial Completion for each specific portion of the Work to be occupied before Owner occupancy. 2. Obtain a Certificate of Occupancy from authorities having jurisdiction before occupancy. 3. Before partial occupancy, mechanical and electrical systems shall be fully operational, and required tests and inspections shall be successfully completed. 4. On occupancy, Owner will provide, operate, and maintain mechanical and electrical systems serving occupied portions of the building. 5. On occupancy, Owner will assume responsibility for maintenance and custodial services for occupied portions of the building. (1116`. 10/2012/Facilities 01140 - 1 of 2 CITY OFPEARLAND CONTRACTOR'S USE OF PREMISES liw'ROPERTIES OUTSIDE OF LIMITS OF CONSTRUCTION A. Altering the condition of properties adjacent to and along the limits of construction will not be permitted unless authorized by the Architect and property owner(s). B. Means, methods, techniques, sequences, or procedures which will result in damage to properties or improvements in the vicinity outside of the limits of construction will not be permitted. C. Any damage to properties outside of the limits of construction shall be repaired or replaced to the satisfaction of the Architect and at no cost to the Owner. CLEAN-UP A. Maintain Project Site in a neat and orderly manner. B. Perform daily clean up in and around construction zone of dirt, debris, scrap materials, other disposable items. C. Promptly remove barriers, signs, and components of other control systems that are no longer being utilized. D. Contractor shall formulate and implement a plan for the collection and disposal of waste materials on the Project Site which includes the following information: 1. Schedule for collection and inspection. 2. Location of trash and waste receptacles. 3. Provisions for liquid waste and potential water pollutants material. RESTORATION Restore damaged permanent facilities to pre-construction conditions unless replacement or abandonment of facilities is indicated on the Plans. PRODUCTS-NotUsed EXECUTION-NotUsed END OF SECTION 10/2012/Facilities 01140-2 of 2 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. Revised 10/2012/Facilities 01290- 1 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES C Proposal for Change shall include, as a minimum, the following information as applicable: 1. Original Quantities of items in Section 00300—Bid Proposal with additions, reductions, deletions, and substitutions. 2. When Work items were not included in Section 00300—Bid Proposal, Contractor shall provide unit prices for the new items, with supporting information as required by the Architect. 3. Justification for any change in Contract Time. 4. Additional data upon request. D For changes in the Work performed on a time-and-material basis, the following additional information may be required: 1. Quantities and description of products and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit as noted in Section 00700—General Conditions of Agreement, 7.03 "Extra Work". 4. Dates and times work was performed, and by whom. 5. Time records and certified copies of applicable payrolls. 6. Invoices and receipts for products, rented equipment, and subcontracts, similarly documented. E Rented equipment will be paid to the Contractor by actual invoice cost for the duration ® of time required to complete the extra work. If the extra work comprises only a `�` portion of the rental invoice where the equipment would otherwise be on the site,the Contractor shall compute the hourly equipment rate by dividing the actual monthly invoice by 176. (One day equals 8 hours and one week equals 40 hours.) Operating costs shall not exceed the estimated operating costs given for the item of equipment in the Blue Book. F For changes in the work performed on a time-and-materials basis using Contractor- owned equipment, compute rates with the Blue Book as follows: 1. Multiply the appropriate Rental Rate by an adjustment factor of 70 percent plus the full rate shown for operating costs. The Rental Rate utilized shall be the lowest cost combination of hourly, daily, weekly or monthly rates. Use 150 percent of the Rental Rate for double shifts (one extra shift per day) and 200 percent of the Rental Rate for more than two shifts per day. No other rate adjustments shall apply. 2. Standby rates shall be 50 percent of the appropriate Rental Rate shown in the Blue Book. Operating costs will not be allowed. 1.05 CHANGE PROCEDURES A Changes to Contract Price or Contract Time can only be made by issuance of a Change Order. Issuance of a Work Change Directive or written acceptance by the Architect of changes will be formalized into Change Orders. All such changes will be in accordance with the requirements of Section 00700 — General Conditions of Agreement, 7.01 "Change Orders". Revised 10/2012/Facilities 01290-2 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES B The Architect will advise Contractor of Minor Changes in the Work not involving an adjustment to Contract Price or Contract Time as authorized by Section 00700 — General Conditions of Agreement, 7.02 "Minor Changes", by issuing supplemental instructions. C Contractor may request clarification of Plans, Technical Specifications or Contract Documents or other information. Response by the Architect to a Request for Information does not authorize the Contractor to perform tasks outside the scope of the Work. All changes must be authorized as described in this Section. 1.06 PROPOSALS FOR CHANGE AND CONTRACT MODIFICATION A The Architect may issue a Request for Proposal,which includes a detailed description of a proposed change with supplementary or revised Plans and Technical Specifications.The Architect may also request a proposal in the response to a Request for Information. Contractor will prepare and submit its Proposal for Change within 7 days or as specified in the request. B The Contractor may propose an unsolicited change by submitting a Proposal for Change to the Architect describing the proposed change and its full effect on the Work, with a statement describing the reason for the change and the effect on the Contract Price and Contract Time including full documentation. (111111*\, 1.07 WORK CHANGE DIRECTIVE A Architect may issue a signed Work Change Directive instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B The document will describe changes in the Work and will designate a method of determining any change in Contract Price or Contract Time. C Contractor shall proceed promptly to execute the changes in the Work in accordance with the Work Change Directive. 1.08 STIPULATED PRICE CHANGE ORDER A A Stipulated 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 (1111.1 Proposal, Work Change Directive or accepted Proposal for Change will specify the unit prices to be used. Revised 10/2012/Facilities 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 supportingdata after completion of p change,within time limits indicated for claims in Section 00700—General Conditions of Agreement. B Architect will determine the change allowable in Contract Price and Contract Time as provided in Section 00700—General Conditions of Agreement. C Contractor shall maintain detailed records of work done on time-and-material basis as specified in this Section, 1.04 "Documentation of Change in Contract Price and Contract Time". D Contractor shall provide full information required for evaluation of changes,and shall substantiate costs for changes in the Work. 1.11 EXECUTION OF CHANGE DOCUMENTATION A Architect will issue Change Orders, Work Change Directives, or accepted Proposals for Change for signatures of parties named in Section 00500 — Standard Form of Agreement. 1.12 CORRELATION OF CONTRACTOR SUBMITTALS A For Stipulated Price Contracts, Contractor shall promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Price. B For Unit Price Contracts,the next monthly Application for Payment of the Work after acceptance of a Change Order will be revised to include any new items not previously included and the appropriate unit rates. C Contractor shall promptly revise progress schedules to reflect any change in Contract Time,and shall revise schedules to adjust time for other items of work affected by the change, and resubmit for review. D Contractor shall promptly enter changes to the on-site and record copies of the Plans, Technical Specifications or Contract Documents as required in Section 01760 — Project Record Documents. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION Revised 10/2012/Facilities 01290-4 of 4 CITY OF PEARLAND COORDINATION AND MEETINGS Section 01310 (111.h\ COORDINATION AND MEET INGS 1.0 GENERAL 1.01 SECTION INCLUDES A Section includes general coordination including Preconstruction Conference, Site Mobilization Conference, and Progress Meetings. B References to Technical Specifications: 1. Section 01100—Summary of Work 1.02 RELATED DOCUMENTS A Coordination is required throughout the documents. Refer to all of the Contract Documents and coordinate as necessary. 1.03 ARCHITECT AND REPRESENTATIVES A The Architect may act directly or through designated representatives as defined in Section 00700 — General Conditions of Agreement, 1.01 "Owner, Contractor, and Architect", and as identified by name at the Preconstruction Conference. (1111.1 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 Architect will schedule a Preconstruction Conference. B Attendance Required: Architect's representatives,Consultants,Contractor,and major Subcontractors. C Agenda: 1. Distribution of Contract Documents. 2. Designation of personnel representing the parties to the Contract, and the Consultant. 3. Review of insurance. Revised 10/2012/Facilities 01310- 1 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, if applicable. 11. Procedures for maintaining Project Record Documents. 12. Designation of the individual authorized to execute change documents and their responsibilities. 13. Discussion of requirements of a Trench Safety Program if applicable. 1.06 SITE MOBILIZATION CONFERENCE A When required by Section 01100—Summary of Work,Architect will schedule a Site Mobilization Conference at the Project Site prior to Contractor occupancy. B Attendance Required: Architect representatives, Consultants, Contractor's Superintendent, and major Subcontractors. C Agenda: 1. Use of premises by Owner and Contractor 2. Safety and first aid procedures 3. Construction controls provided by Owner 4. Temporary utilities 5. Survey and layout 6. Security and housekeeping procedures 1.07 PROGRESS MEETINGS A Progress Meetings shall be held at Project Site or other location as designated by the Architect. Meeting shall be held at monthly intervals, or more frequent intervals if directed by Architect. B Attendance Required: Job superintendent, major Subcontractors and suppliers, Architect representatives, and Consultants as appropriate to agenda topics for each meeting. C Architect or his representative will make arrangements for meetings, and recording minutes. D Architect or his representative will prepare the agenda and preside at meetings. Revised 10/2012/Facilities 01310-2 of 3 CITY OF PEARLAND COORDINATION AND MEETINGS E Contractor shall provide required information and be prepared to discuss each agenda rb\ 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 (.16\ 3.0 EXECUTION - NotUsed END OF SECTION Revised 10/2012/Facilities 01310-3 of 3 CITY OF PEARLAND SUBMITTALS Section 01350 SUBMITTALS 1.0 GENERAL This Section contains general lists of Submittals and Technical Specifications that may be required for the Work. When Submittals are required elsewhere in these Technical Specifications, refer to this Section for Submittal requirements and procedures. 1.01 SECTION INCLUDES A Submittal procedures for: 1. Schedule of Values 2. Construction Schedules 3. Shop Drawings, Product Data, and Samples 4. Operations and Maintenance Data 5. Manufacturer's Certificates 6. Construction Photographs 7. Project Record Documents 8. Design Mixes B References to the following Technical Specifications: 1. Section 01310—Coordination&Meetings 2. Section 01630—Product Options & Substitutions 3. Section 01100— Summary of Work 4. Section 01380—Construction Photographs 5. Section 01760—Project Record Documents 6. Section 02530—Gravity Sanitary Sewers 1.02 SUBMITTAL PROCEDURES A Scheduling and Handling 1. Schedule Submittals well in advance of the need for material or equipment for construction. Allow time to make delivery of material or equipment after Submittal is approved. 2. Develop a Submittal Schedule that allows sufficient time for initial review, correction,resubmission and final review of all submittals.The Architect 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 Architect. This time for review shall in no way be justification for delays or additional compensation to the Contractor. 3. The Architect's review of submittals covers conformity to the Plans,Technical Specifications, and dimensions which affect the layout. The Contractor is responsible for quantity determination. The Contractor is responsible for any errors, omissions or deviations from the Contract requirements; review of Revised 10/2012/Facilities 01350- 1 of 6 CITY OF PEARLAND SUBMITTALS submittals in no way relieves the Contractor from his obligation to furnish required items according to the Plans and Technical Specifications. 4. Submit 5 copies of documents unless otherwise specified in this Section or by individual Technical Specifications. 5. Revise and resubmit submittals as required. Identify all changes made since previous submittal. 6. The Contractor shall assume the risk for material or equipment which is fabricated or delivered prior to approval. No material or equipment shall be incorporated into the Work or included in Applications for Payment until approval has been obtained in the specified manner. B Transmittal Form and Numbering 1. Transmit each submittal to the Architect with a transmittal form. 2. Sequentially number each transmittal form beginning with the number 1. Re- Submittals shall use the original number with an alphabetic suffix(i.e.,2A for first Re-Submittal of Submittal 2 or 15C for third Re-Submittal of Submittal 15). Each submittal shall only contain one type of work, material, or equipment. Mixed submittals will not be accepted. 3. Identify variations from requirements of Contract Documents and identify product or system limitations. 4. For submittal numbering of video tapes, see this Section, 1.10 "Video". C Contractor's Certification 1. Each submittal shall contain a statement or stamp signed by the Contractor, certifying that the items have been reviewed in detail and are correct and in accordance with Contract Documents, except as noted by any requested variance. 1.03 SCHEDULE OF VALUES A Submit a Schedule of Values at least 10 days prior to the first Application for Payment. A Schedule of Values shall be provided for each of the items indicated as Lump Sum (LS) in Section 00300 — Bid Proposal for which the Contractor requests to receive Progress Payments. B Schedule of Values shall be typewritten on 8-1/2"x 11",plain bond,white paper. Use the Table of Contents of this Project Manual as a format for listing costs of Work by Section. C Round off figures for each listed item to the nearest $100.00 except for the value of one item, if necessary, to make the total price for all items listed in the Schedule of Values equal to the applicable Lump Sum in Section 00300—Bid Proposal. D For Unit Price Contracts, items should include a proportional share of Contractor's overhead and profit, such that the total of all items listed in the Schedule of Values equals the Contract amount. For Stipulated Price Contracts,Mobilization,Bonds,and Insurance may be listed as separate items in the Schedule of Values. Revised 10/2012/Facilities 01350-2 of 6 CITY OF PEARLAND SUBMITTALS E For Lump Sum equipment items, where Submittals for Testing, Adjusting, and Balancing Reports in conjunction with Operation and Maintenance Data are required, include a separate item for equipment Operation and Maintenance Data Submittals and a separate item for Submittals of equipment Testing, Adjusting, and Balancing Reports, each valued at five (5)percent of the Lump Sum. F Revise the Schedule of Values and resubmit for items affected by contract modifications,Change Orders,and Work Change Directives. Submit revised Schedule of Values 10 days prior to the first Application for Payment after the changes are approved by the Architect. 1.04 CONSTRUCTION SCHEDULES A Submit Construction Schedules for the Work in accordance with the requirements of this Section. The Construction Schedule Submittal shall be,at a minimum,a bar chart, (computer generated or prepared manually) and a narrative report. B During the Preconstruction Meeting, as noted in Section 01310 - Coordination and Meetings, the Contractor shall provide a sample of the format to be used for the Construction Schedule Submittal. The format is subject to approval by the Architect. Review of the Submittal will be provided within 7 days of the Submittal of the sample. C Within 7 days of the receipt of approval of the Contractor's format, or 14 days of the Notice to Proceed, whichever is later, the Contractor shall submit a proposed Construction Schedule for review. The Construction Schedule Submittal shall meet the following requirements: 1. The Construction Schedule shall usually include a total of at least 20 but not more than 50 activities. Fewer activities may be accepted, if approved by the Architect. 2. For Projects with work at different physical locations,each location should be indicated separately within the Construction Schedule. 3. For projects with multiple crafts or significant subcontractor components,these elements should be indicated separately within the Construction Schedule. 4. For Projects with multiple types of tasks within the scope,these types of work should be indicated separately within the Construction Schedule. 5. For Projects with significant major equipment items or materials worth over 25 percent of the Total Contract Price, the Construction Schedule shall indicate dates when these items are to be purchased,when they are to be delivered,and when installed. 6. For Projects where operating plants are involved, each period of work which will require the shut down of any process or operation shall be identified in the Construction Schedule and must be agreed to by the Architect prior to starting work in the area. 7. A Billing Schedule(tabulation of the estimated monthly billings)for the Work shall be prepared and submitted by the Contractor with the first Construction Schedule. This information is not required in the monthly updates, unless significant changes in Work require re-submittal of the Construction Schedule for review. The total for each month and a cumulative total will be indicated. Revised 10/2012/Facilities 01350-3 of 6 CITY OF PEARLAND SUBMITTALS These monthly forecasts are only for planning purposes of the Architect. (1111.6\, Monthly payments for actual work completed will be made by the Architect in accordance with Section 00700 - General Conditions of Agreement. D The Contractor must receive approval from the Architect for the Construction Schedule and Billing Schedule prior to the first monthly Application for Payment. No payment will be made until these are accepted. E Upon written request from the Architect, the Contractor shall revise and submit for approval all or any part of the Construction Schedule to reflect changed conditions in the Work or deviations made from the original plan and schedule. F The Contractor's Construction Schedule shall thereafter be updated with the Actual Start and Actual Finish Dates, Percent Complete, and Remaining Duration of each Activity and submitted monthly. The date to be used in updating the monthly Construction Schedule shall be the same Date as is used in the monthly Application for Payment. This monthly update of the Construction Schedule shall be required before the monthly Application for Payment will be processed for payment. G The narrative Construction Schedule Report shall include a description of changes made to the Construction Schedule; Activities Added to the Construction Schedule; Activities Deleted from the Construction Schedule; any other changes made to the Construction Schedule other than the addition of Actual Start Dates and Actual Finish Dates and Remaining Durations. 1.05 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES A Shop Drawings 1. Submit Shop Drawings for review as required by the Technical Specifications. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures" shall be placed on each Shop Drawing. 3. The Shop Drawing shall accurately and distinctly present the following: a. Field and erection dimensions clearly identified as such. b. Arrangement and section views. c. Relation to adjacent materials or structure including complete information for making connections between work under this Contract and work under other contracts. d. Kinds of materials and finishes. e. Parts list and descriptions. f. Assembly Shop Drawings of equipment components and accessories showing their respective positions and relationships to the complete equipment package. g. Where necessary for clarity, identify details by reference to sheet numbers and detail numbers, schedule or room numbers as shown on the Plans. 4. Shop Drawings shall be to scale, and shall be a true representation of the specific equipment or item to be furnished. Revised 10/2012/Facilities 01350-4 of 6 CITY OF PEARLAND SUBMITTALS B Product Data 1. Submit Product Data for review when required in individual Technical Specifications. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures" shall be placed on each data item submitted. 3. Mark each copy to identify applicable products,models, options to be used in this Project. Supplement manufacturers'standard data to provide information unique to this Project, where required by the Technical Specification. 4. For products specified only by reference standard,submit manufacturer,trade name, model or catalog designation, and applicable reference standard. 5. For Approved Products, those designated in the Technical Specifications followed by the words"or approved equal",submit manufacturer,trade name, model or catalog designation, and applicable reference standard. 6. For products proposed as alternates to Approved Products, refer to Section 01630-Product Options and Substitutions, 1.04"Selection Options"and 1.07 "Substitution Procedures". 7. For products that are neither Pre-Approved, Approved, specified only by reference standard, nor proposed as alternates; submit product description, trade name, manufacturer, and supplier. Contractor shall provide additional information upon written request by Architect or Owner. C Samples 1. Submit samples for review as required by the Technical Specification. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures", shall be placed on each sample or a firmly attached sheet of paper. 3. Submit the number of samples specified in the Technical Specification;one of which will be retained by the Architect. 4. Reviewed samples which may be used in the Work are identified in the Technical Specifications. 1.06 OPERATIONS AND MAINTENANCE DATA A When specified in Technical Specification,submit manufacturers'printed instructions for delivery, storage, assembly, installation, start-up, operation, adjusting, 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 Architect. B Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures", shall be placed on front page of the certificate. Revised 10/2012/Facilities 01350-5 of 6 li CITY OF PEARLAND SUBMITTALS C Submit supporting reference data, affidavits, and certifications as appropriate. (1111 , D Manufacturer's Certificates may be recent or previous test results on material or product, but must be acceptable to Architect. 1.08 CONSTRUCTION PHOTOGRAPHS A When required by Section 01100 — Summary of Work, submit photographs in accordance with Section 01380—Construction Photographs. 1.09 PROJECT RECORD DOCUMENTS A Submit Project Record Documents in accordance with Section 01760—Project Record Documents. 1.10 VIDEO A Submit television video in DVD format as required in individual Technical Specifications. B Transmittal forms for video disks shall be numbered sequentially beginning with T01, T02, T03, etc. 1.11 DESIGN MIXES (111*.\ A When specified, submit designmixes for review. p B Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures", shall be placed on front page of each design mix. C Mark each design mix to identify proportions,gradations,and additives for each class and type of design mix submitted. Include applicable test results on samples for each mix. D Maintain a copy of approved design mixes at mixing plant. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION Revised 10/2012/Facilities 01350-6 of 6 CITY OF PEARLAND REFERENCED STANDARDS ® Section 01420 REFERENCED STANDARDS 1.0 GENERAL 1.01 SECTION INCLUDES A General quality assurance as related to Reference Standards and a list of references. B References to Technical Specifications: None 1.02 QUALITY ASSURANCE A For Products or workmanship specified by association, trade, or Federal Standards comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B Conform to reference standard by date of issue current on the date as stated in Section 00700—General Conditions of Agreement. C Request clarification from Architect before proceeding should specified reference standards conflict with Contract Documents. 1.03 SCHEDULE OF REFERENCES AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street,N.W. Washington, DC 20001 ACI American Concrete Institute P.O. Box 19150 Reford Station Detroit, MI 48219-0150 AGC Associated General Contractors of America 1957 E Street,N.W. Washington, DC 20006 AI Asphalt Institute Asphalt Institute Building College Park, MD 20740 AITC American Institute of Timber Construction 333 W. Hampden Avenue Englewood, CO 80110 Revised 10/2012/Facilities 01420- 1 of 5 CITY OF PEARLAND REFERENCED STANDARDS AISC American Institute of Steel Construction 400 North Michigan Avenue, Eighth Floor Chicago, IL 60611 AISI American Iron and Steel Institute 1000 16th Street,N.W. Washington, DC 20036 ASME American Society of Mechanical Architects 345 East 47th Street New York,NY 10017 ANSI American National Standards Institute 1430 Broadway New York,NY 10018 APA American Plywood Association Box 11700 Tacoma, WA 98411 API American Petroleum Institute 1220 L Street,N.W. Washington, DC 20005 AREA American Railway Architecting Association 50 F Street,N.W. Washington, DC 20001 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 AWPA American Wood-Preservers'Association 7735 Old Georgetown Road Bethesda, MD 20014 AWS American Welding Society P.O. Box 35104 Miami, FL 33135 AWWA American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 Revised 10/2012/Facilities 01420-2 of 5 CITY OF PEARLAND REFERENCED STANDARDS (11Pb\ CLFMI Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue, N.W. Washington, DC 20036 CRD U.S.A. Corps of Architects Code of Ordinances City of Pearland 3519 Liberty Drive Pearland, TX 77581 CRSI Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg, IL 60173-4758 EJMA Expansion Joint Manufacturers Association 707 Westchester Avenue White Plains,NY 10604 FDA U.S. Food and Drug Administration 5600 Fisher Lane Rockville, MD 20857-0001 FS Federal Standardization Documents General Services Administration, Specifications Unit (WFSIS) 7th and D Street S.W. Washington, DC 20406 ICEA Insulated Cable Architect Association P.O. Box 440 S. Yarmouth, MA 02664 IEEE Institute of Electrical and Electronics Architects 445 Hoes Lane P.O. Box 1331 Piscataway,NJ 0855-1331 MIL Military Specifications General Services Administration, Specifications Unit(WFSIS) 7th and D Street S.W. Washington, DC 20406 NACE National Association of Corrosion Architects P. O. Box 986 Katy, TX 77450 Revised 10/2012/Facilities 01420-3 of 5 CITY OF PEARLAND REFERENCED STANDARDS NEMA National Electrical Manufacturers'Association (111. 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 1111.1 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 Revised 10/2012/Facilities 01420-4 of 5 CITY OF PEARLAND REFERENCED STANDARDS Dallas, TX 75234 WRI Wire Reinforcement Institute 942 Main Street—Suite 300 Hartford, CT 06103 WWD/PI Water Well Drillers and Pump Installers Advisory Council Texas Department of Licensing and Regulation P.O. Box 12157 Austin, TX 78711 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION Revised 10/2012/Facilities 01420-5 of 5 CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL Section 01430 CONTRACTOR'S QUALITY CONTROL 1.0 GENERAL 1.01 SECTION INCLUDES A Quality assurance and control of installation and manufacturer's field services and reports. B References to Technical Specifications: 1. Section 01350—Submittals 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 QUALITY ASSURANCE/CONTROL OF INSTALLATION A Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce the Work of specified quality at no additional cost to the Owner. B Comply fully with manufacturers' installation instructions, including each step in sequence. C Request clarification from Project Manager before proceeding should manufacturers' instructions conflict with Contract Documents. D Comply with specified Standards as minimum requirements for the Work except when more stringent tolerances,codes,or specified requirements indicate higher standards or more precise workmanship. E Perform work by persons qualified to produce the specified level of workmanship. F Obtain copies of Standards and maintain at Project Site when required by individual Technical Specifications. 1.04 MANUFACTURERS' FIELD SERVICES AND REPORTS A When specified in individual Technical Specifications, provide material or product suppliers' or manufacturers' technical representative to observe site conditions, conditions of surfaces and installation,quality of workmanship,start-up of equipment, operator training, test, adjust, and balance of equipment as applicable, and to initiate operation,as required. Conform to minimum time requirements for start-up operations and operator training if defined in Technical Specifications. Revised 10/2012/Facilities 01430- 1 of 2 CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL B At the Project Manager's request, submit qualifications of manufacturer's representative to Project Manager fifteen (15) days in advance of required representative's services. The representative shall be subject to approval of Project Manager. C Manufacturer's representative shall report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers'written instructions. Submit report within one(1)day of observation to Project Manager for review. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION Revised 10/2012/Facilities 01430-2 of 2 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Section 01500 (10"N, TEMPORARY FACILITIES AND CONTROLS O S 1.0 GENERAL 1.01 SECTION INCLUDES A Temporary facilities and the necessary controls for the Work including utilities, telephone, sanitary facilities, field office, storage sheds and building, safety requirements,first aid equipment,fire protection,security measures,protection of the Work and property, access roads and parking, environmental controls, disposal of trash,debris,and excavated material,pest and rodent control,water runoff and erosion control. B References to Technical Specifications: Section 00200—Instructions to Bidders Section 01100— Summary of Work Section 01350— Submittals Section 01566— Source Controls for Erosion& Sedimentation Section 01100—Summary of Work Section 01600—Material&Equipment Section 01570—Trench Safety System Section 01555 —Traffic Control &Regulation Section 01720—Field Surveying Section 01563 —Tree &Plant Protection Section 01564—Control of Ground Water& Surface Water Section 13730- Computer Equipment C Referenced Standards: Occupational Safety and Health Administration(OSHA) National Fire Protection Association(NFPA) Code of Ordinances, City of Pearland, Texas D Definitions: Underground Structures - sewer, water, gas, and other piping, and manholes, chambers, electrical and signal conduits, tunnels, and other existing subsurface installations located within or adjacent to the limits of the Work. Surface Structures - existing buildings, structures and other constructed installations above the ground surface. Included with such structures are their foundations or any extension below the surface. Surface structures include, but are not limited to 12-2-2011 01500- 1 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS buildings, tanks, walls, bridges, roads, dams, channels, open drainage,piping,poles, wires, posts, signs, markers, curbs, walks, guard cables, fencing, and other facilities that are visible above the ground surface. 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.04 CONTRACTOR'S RESPONSIBILITY A The facilities and controls specified in this Section are considered minimum for the Work. The Contractor may provide additional facilities and controls for the proper execution of the Work and to meet Contractor's responsibilities for protection of persons and property. B Comply with applicable requirements specified in other Technical Specifications. Maintain and operate temporary facilities and systems to assure continuous service. Modify and extend systems as Work progress requires. Completely remove temporary materials and equipment when their use is no longer required. Restore existing facilities used for temporary services to specified or to original condition. 1.05 TEMPORARY UTILITIES A Temporary Service Make arrangements with utility service companies for such temporary services as are necessary to construct the work and manage the site. Abide by rules and regulations of the utility service companies or authorities having jurisdiction. Be responsible for utility service costs until the Work is Substantially Complete. Included are fuel,power,light,heat,and other utility services necessary for execution, completion, testing, and initial operation of the Work. B Water Provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices, or for other use as required for proper completion of the Work. 12-2-2011 01500-2 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS For water to be drawn from public water supply, obtain special permit or license and (low, meter from the proper City officials. For facilities under construction, establish a water/sewer billing account with City's Utility Billing Department.A deposit based on rates established by latest ordinance will be required. For water drawn from fire hydrants, apply for and receive a construction water meter from City'Public Works Department. Identify specific location for construction water meter installation. Once installed,water meter may not be moved without notification of Public Works Department. Install backflow preventer on fire hydrant supply if not included in City provided meter. Provide and maintain an adequate supply of potable water for domestic consumption by Contractor personnel. C Electricity and Lighting 1 Provide temporary electric power service in Contractor's name, as required for the prosecution of the Work, including testing of Work. Provide power for lighting, operation of the Contractor's equipment, or for any other use by Contractor or as necessary to maintain any of Owner's on-going operations as may continue on the site during any scheduled shutdown. Minimum lighting level shall be 5 foot-candles for open areas; 10 foot-candles for stairs and shops. 2 Provide permanent electric power service,in the Contractor's name,to the work or site as and when required by the schedule of the work to achieve Substantial Completion or Partial Substantial Completion.Contractor to establish service billing in its name and transfer service and billing to the Owner upon acceptance of the work as Substantially Complete and suitable for beneficial occupancy by the Owner. D Natural Gas Provide and pay for natural gas service to the work as and when required by the schedule to achieve Substantial Completion. Contractor to establish service billing in its name and transfer service and billing to the Owner upon acceptance of the work as Substantially Complete and suitable for beneficial occupancy by the Owner. E Temporary Heat and Ventilation Provide temporary heat as necessary for protection or completion of the Work. Provide temporary heat and ventilation to assure safe working conditions; maintain enclosed areas at a minimum of 50 degrees F. F Telephone Provide emergency telephone service at the Project Site for use by Contractor personnel and others performing work or furnishing services. G Sanitary Facilities Provide and maintain sanitary facilities for persons on the Project Site,in compliance with federal, state, and local regulations. Locate toilets on the Project Site near the 12-2-2011 01500-3 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS work and secluded from view insofar as possible. Keep toilets clean and supplied throughout the course of the Work. Enforce the use of sanitary facilities by construction personnel at the Project Site. Such facilities shall be enclosed. Pit-type toilets will not be permitted. No discharge will be allowed from these facilities. Collect and store sewage and waste so as not to cause a nuisance or health problem; have sewage and waste hauled off-site and properly disposed in accordance with local regulations. Control areas where sanitary facilities are located in conformance with Section 01566 —Source Controls for Erosion& Sedimentation. 1.06 FIELD OFFICE A Provision of a Field Office and other specific temporary facilities as required in paragraph B below UNLESS otherwise stated in Section 00800 - Special Conditions of the Agreement,or Section 01100—Summary of Work. Provide for transportation,move-in, set-up,tie-down and,when project is complete,removal and move-out. The Contractor shall confirm location of office and other temporary facilities with Owner's Representative at Pre-Construction Meeting prior to delivery and set up. Location of temporary facilities shall be approved by the Owner's Representative by way of the submittal process. B. At a minimum, the Contractor's field office shall provide for, contain or serve to: (11.1h) provide a secured space for project administrative operations, periodic progress meetings,on-site storage for project files and plans,office space for CONTRACTOR's field supervisory personnel and provide a separate securable office space for OWNER's Representative including: meeting table and chairs, a single two drawer filing cabinet,a built-in drawing table and plan holders. Provide electric lighting and HVAC to the mobile office. 1. Field Office shall provide for, at a minimum, a high speed interne connection for use by Owner's Representative or Construction Manager as controlled by Paragraph A above. 1.07 STORAGE OF MATERIALS A Provide for storage of materials under the provisions of Section 01600—Material& Equipment. 1.08 SAFETY REQUIREMENTS A Contractor shall prepare, submit and follow a Safety Program that complies with federal, state, and local safety codes, statutes, and practices. Include in the Safety Program documented response to excavation, embankment, and trench safety requirements as specified in Section 01570—Trench Safety System. B Conduct operations in strict accord with applicable federal,state and local safety codes and statutes and with good construction practice. The Contractor is fully responsible and obligated to establish and maintain procedures for safety of all work, personnel and equipment involved in the Work. 12-2-2011 01500-4 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS C Observe and comply with Texas Occupational Safety Act (Art. 5182a, V.C.S.) and with all safety and health standards promulgated by Secretary of Labor under Section 107 of Contract Work Hours and Standards Act,published in OSHA Standards -29 CFR, Part 1926, and adopted by Secretary of Labor under the Williams-Steiger Occupational Safety and Health Act of 1970, and to any other legislation enacted for safety and health of Contractor employees. Such safety and health standards apply to subcontractors and their employees as well as to the Contractor and its employees. D Observance of and compliance with the regulations shall be solely and without qualification the responsibility of the Contractor without reliance or superintendence of or direction by the Engineer or the Engineer's representative. Immediately advise the Engineer of investigation or inspection by Federal Safety and Health inspectors of the Contractor or subcontractor's work or place of work on the Project Site under this Contract,and after such investigation or inspection,advise the Engineer of the results. Submit one copy of accident reports to Engineer within ten (10) days of occurrence. E Protect areas occupied by workmen using the best available devices for detection of lethal and combustible gases. Test such devices frequently to assure their functional capability. Constantly observe infiltration of liquids into the Work area for visual or odor evidence of contamination. Take immediate and appropriate steps to seal off entry of contaminated liquids to the Work area. F Safety measures, including but not limited to safety personnel, first-aid equipment, ventilating equipment and safety equipment,in the Plans and Technical Specifications are obligations of the Contractor. G Maintain required coordination with the local Police and Fire Departments during the entire period covered by the Contract. 1.09 FIRST AID EQUIPMENT A Provide a first aid kit throughout the construction period. List telephone numbers for physicians, hospitals, and ambulance services in each first aid kit. B Have at least one person thoroughly trained in first aid procedures present on the Project Site whenever work is in progress. 1.10 FIRE PROTECTION A Fire Protection Standards. Conform to specified fire protection and prevention requirements as well as those that may be established by Federal, State, or local governmental agencies. B. Comply with all applicable provisions of NFPA Standard No. 241, Safeguarding Building Construction and Demolition Operations. Provide portable fire extinguishers, rated not less than 2A or 5B in accordance with NFPA Standard No. 10,Portable Fire Extinguishers,for each temporary building,and for every 3000 square feet of floor area of facilities under construction. 12-2-2011 01500-5 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Locate portable fire extinguishers within 50 feet maximum from any point on the (1111. Project Site. C. Fire Prevention and Safety Measures. Prohibit smoking in hazardous areas. Post suitable warning signs in areas that are continuously or intermittently hazardous. Use metal safety containers for storage and handling of flammable and combustible liquids. Do not store flammable or combustible liquids in or near stairways or exits. Maintain clear exits from all points within a structure. 1.11 SECURITY MEASURES A Protect all materials, equipment, and property associated with the Work from loss, theft,damage,and vandalism. Contractor's duty to protect property includes Owner's property. B If existing fencing or barriers are breached or removed for purposes of construction, provide and maintain temporary security fencing equal to existing as approved by Owner's Representative. (1151". 1.12 PROTECTION OF PUBLIC UTILITIES A Prevent damage to existing public utilities during construction. These utilities are shown on the Plans at their approximate locations. Give owners of these utilities at least 48 hours notice before commencing Work in the area, for locating the utilities during construction,and for making adjustments or relocation of the utilities when they conflict with the proposed Work. 1.13 PROTECTION OF PEOPLE AND PROPERTY A Preventive Actions. Take precautions, provide programs, and take actions necessary to protect the Work and public and private property from damage. Take action to prevent damage, injury or loss, including, but not limited to, the following: a. Store apparatus,materials, supplies,and equipment in an orderly,safe manner that will not unduly interfere with progress of the Work or the Work of any other contractor, any utility service company, or the Owner's operations. b. Provide suitable storage for materials that are subject to damage by exposure to weather, theft, breakage, or otherwise. c. Place upon the Work or any part thereof only such loads as are consistent with the safety of that portion of the Work. d. Frequently clean up refuse,rubbish,scrap materials,and debris caused by construction operations, keeping the Work safe and orderly. 12-2-2011 01500-6 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS e. Provide safe barricades and guard rails around openings, for (.16\ scaffolding, for temporary stairs and ramps, around excavations, elevated walkways, and other hazardous areas. Obtain written consent from proper parties before entering or occupying with workers, tools,materials or equipment,privately owned land except on easements provided for construction. Assume full responsibility for the preservation of public and private property on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect, or misconduct in execution of the Work by the Contractor, it shall be restored by the Contractor to a condition equal to or better than that existing before the damage was done. B Barricades and Warning Signals. Where Work is performed on or adjacent to any roadway, right-of-way, or public place, furnish and erect barricades, fences, lights,warning signs, and danger signals; provide watchmen;and take other precautionary measures for the protection of persons or property and protection of the Work. Conform to Section 01555—Traffic Control& Regulation. C Preserving Control Points Maintain permanent benchmarks,public or private elevation or property demarcation and control monumentation, or other reference points. Unless otherwise directed in writing,replace at no cost to the Owner, those monuments,property corners or other permanent demarcations that are damaged or destroyed in accordance with Section 01720—Field Surveying. D Tree and Plant Protection. Protect trees, shrubs, lawns,outside of grading limits and within the grading limits as designated on the Plans,and in accordance with requirements of Section 01563—Tree &Plant Protection. E Protection of Underground and Surface Structures Known underground structures, including water, sewer, electric, and telephone services are shown on the Plans in accordance with the best information available,but is not guaranteed to be correct or complete. Contractor is responsible for making Locate Calls. Explore ahead of trenching and excavation work and uncover obstructing underground structures sufficiently to determine their location, to prevent damage to them and to prevent interruption of utility services. Restore to original condition damages to underground structure at no additional cost to the Owner. Immediately notify the agency or company owning any existing utility which is ,,1 damaged,broken,or disturbed. Obtain approval from the Engineer and agency for any repairs or relocations, either temporary or permanent. 12-2-2011 01500-7of10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Necessary changes in location of the Work may be made by the Engineer to avoid unanticipated underground structures. If permanent relocation of an underground structure or other subsurface installations is required and not otherwise provided for in the Contract Documents,the Engineer will direct Contractor in writing to perform the Work, which shall be paid for under the provisions for changes in the Contract Price as described in Section 00700—General Conditions of Agreement. Support in place and protect from direct or indirect injury to underground and surface structures located within or adjacent to the limits of the Work. Install such supports carefully and as required by the party owning or controlling such structure. Before installing structure supports,Contractor shall satisfy the Engineer that the methods and procedures to be used have been approved by the owner of the structure. Avoid moving or in any way changing the property ofpublic utilities or private service corporations without prior written consent of a responsible official of that service or public utility. Representatives of these utilities reserve the right to enter within the limits of this project for the purpose of maintaining their properties,or of making such changes or repairs to their property that may be considered necessary by performance of this Contract. Notify the owners and/or operators of utilities and pipelines of the nature of construction operations to be performed and the date or dates on which those operations will be performed. When construction operations are required in the immediate vicinity of existing structures,pipelines,or utilities,give a minimum of five (5)working days advance notice. Probe and flag the location of underground utilities prior to commencement of excavation. Keep flags in place until construction operations reach and uncover the utility. Assume risks attending the presence or proximity of underground and surface structures within or adjacent to the limits to the Work including but not limited to damage and expense for direct or indirect injury caused by the Work to any structure. Immediately repair damage caused, to the satisfaction of the owner of the damaged structure. 1.14 PROTECTION OF THE WORK Provide protection of installed products to prevent damage from subsequent operations. Remove protection facilities when no longer needed,prior to completion of the Work. Control traffic to prevent damage to equipment, materials, and surfaces. 1.15 ROADS AND PARKING A Prevent interference with traffic and Owner operations on existing roads. B Minimize use of existing streets and driveways by construction traffic. C Control traffic to prevent damage to equipment, materials, and surfaces. 12-2-2011 01500-8 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS D Construct and maintain temporary detours, ramps, and roads to provide for normal public traffic flow when use of public roads or streets is closed by necessities of the Work. E Provide mats or other means to prevent overloading or damage to existing roadways from tracked equipment or exceptionally large or heavy trucks or equipment F Designate temporary parking areas to accommodate construction personnel. When site space is not adequate, provide additional off-site parking. Locate as approved by Engineer. G Do not allow heavy vehicles or construction equipment unnecessarily in existing parking areas. 1.16 ENVIRONMENTAL CONTROLS A Provide and maintain methods, equipment, and temporary construction as necessary for controls over environmental conditions at the construction site and adjacent areas. B Comply with statutes,regulations,and ordinances which relate to the proposed Work for the prevention of environmental pollution and preservation of natural resources, including but not limited to the National Environmental Policy Act of 1969, PL 91- 190, Executive Order 11514. C Provide, install and maintain storm water runoff control including but not limited to temporary entrance, silt fencing, etc. as specified in Contract Documents. D Recognize and adhere to the environmental requirements of the Project. Disturbed areas shall be strictly limited to boundaries established by the Contract Documents. Burning of rubbish, debris or waste materials is not permitted. 1.17 POLLUTION CONTROL A Provide methods,means,and facilities required to prevent contamination of soil,water or atmosphere by discharge of noxious substances from construction operations. B Provide equipment and personnel to perform emergency measures required to contain any spillage,and to remove contaminated soils or liquids. Excavate and dispose of any contaminated earth off-site, and replace with suitable compacted fill and topsoil. C Take special measures to prevent harmful substances from entering receiving streams or storm water conveyance systems in conformance with TPDES requirements and Section 01566—Source Controls for Erosion & Sedimentation. D Provide systems for control of atmospheric pollutants. Prevent toxic concentrations of chemicals. Prevent harmful dispersal of pollutants into the atmosphere. 12-2-2011 01500-9 of 10 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS E Use equipment during construction that conforms to current federal, state, and local laws and regulations. 1.18 PEST AND RODENT CONTROL A Provide rodent and pest control as necessary to prevent infestation of Project Site. B Employ methods and use materials which will not adversely affect conditions at the Project Site or adjoining properties. 1.19 NOISE CONTROL A Provide vehicles, equipment, and construction activities that minimize noise to the greatest degree practicable. Noise levels shall conform to OSHA Standards- 29 CFR and in no case will noise levels be permitted which create a nuisance in the surrounding neighborhoods. B Conduct construction operations during daylight hours from 7:30 a.m. to 6:00 p.m. except as approved by Engineer. C Comply with Chapter 19 NOISE, Codes of Ordinances, City of Pearland, Texas. 1.20 DUST CONTROL A Control objectionable dust caused by operation of vehicles and equipment under the provisions of Section 01566—Source Controls for Erosion& Sedimentation. 1.21 WATER RUNOFF AND EROSION CONTROL A Provide methods to control surface water,runoff,subsurface water,and water pumped from excavations and structures to prevent damage to the Work, the Project Site, or adjoining properties in accordance with Section 01564—Control of Ground Water& Surface Water and Section 01566—Source Controls for Erosion& Sedimentation. B Inspect earthwork periodically to detect any evidence of the start of erosion. Apply corrective measures as required to control erosion. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 12-2-2011 01500- 10 of 10 CITY OF PEARLAND MOBILIZATION Section 01505 MOBILIZATION 1.0 GENERAL 1.01 SECTION INCLUDES A Mobilization of construction equipment and facilities onto the Work. B Referenced Standards: 1. Texas Department of Transportation (TxDOT) 2. Texas Manual on Uniform Traffic Control Devices (Texas MUTCD) 1.02 MEASUREMENT AND PAYMENT A Measurement for Mobilization is on a Lump Sum basis. Include 50 percent of the cost of Mobilization in the first monthly Application for Payment. B Payment is subject to the receipt and approval by Engineer of the following items, as applicable: 1. Schedule of Values (Section 01350—Submittals) 2. Trench Safety Program(Section 01570—Trench Safety System) 3. Construction Schedule (Section 01350— Submittals) 4. Pre-construction Photographs (Section 01380—Construction Photographs) C Payment of the remaining 50 percent of the Contract Price for Mobilization is subject to completion of a minimum of 5 percent of the Work, excluding the Mobilization. D Mobilization payments will be subject to Retainage as stipulated in Section 00700 - General Conditions of Agreement. 2.0 PRODUCTS 2.01 CONTRACTOR SIGN A Provide a 48"x 42"sign having black lettering on a white background conforming to the TxDOT requirements for CONTRACTOR Sign G20-6 found in Texas MUTCD Part VI. The name and mailing address of the general contractor for the project shall be shown on the sign. 3.0 EXECUTION 3.01 PLACEMENT OF CONTRACTOR SIGNS A Place a Contractor Sign at each end of the Project Site visible to passing traffic. END OF SECTION Revised 10/2012/Facilities 01505- 1 of 1 CITY OF PEARLAND MATERIAL AND EQUIPMENT Section 01600 MATERIAL AND EQUIPMENT 1.0 GENERAL 1.01 SECTION INCLUDES A Requirements for transportation, delivery, handling, and storage of materials and equipment. B References to Technical Specifications: 1. Section 01566—Source Controls for Erosion& Sedimentation 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this work is a component. 1.03 PRODUCTS A Products: Means material,equipment,or systems forming the Work. Does not include machinery and equipment used for preparation,fabrication,conveying and erection of the Work. Products may also include existing materials or components designated for reuse. B Do not reuse materials and equipment, designated to be removed, except as specified by the Contract Documents. C Provide equipment and components from the fewest number of manufacturers as is practical, in order to simplify spare parts inventory and to allow for maximum interchangeability of components. For multiple components of the same size,type or application,use the same make and model of component throughout the Work. 1.04 TRANSPORTATION A Make arrangements for transportation, delivery, and handling of equipment and materials required for timely completion of the Work. B Transport and handle products in accordance with instructions. C Consign and address shipping documents to the proper party giving name of Project, street number, and City. Shipments shall be delivered to the Contractor. 1.05 DELIVERY (111161) A Arrange deliveries of products to accommodate the Construction Schedule and in ample time to facilitate inspection prior to installation. Avoid deliveries that cause lengthy storage or overburden of limited storage space. 07/2006 01600- 1 of 3 CITY OF PEARLAND MATERIAL AND EQUIPMENT B Coordinate deliveries to avoid conflict with Work and conditions at the Project Site and to accommodate the following: 1. Work of other contractors or the Owner. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. Owner's use of premises. C Have products delivered to the Project Site in manufacturer's original, unopened, labeled containers. D Immediately upon delivery, inspect shipment to assure: 1. Product complies with requirements of Contract Documents. 2. Quantities are correct. 3. Containers and packages are intact; labels are legible. 4. Products are properly protected and undamaged. 1.06 PRODUCT HANDLING A Coordinate the off-loading of materials and equipment delivered to the Project Site. If necessary to move stored materials and equipment during construction, Contractor shall relocate materials and equipment at no additional cost to the Owner. B Provide equipment and personnel necessary to handle products, including those provided by the Owner, by methods to prevent damage to products or packaging. C Provide additional protection during handling as necessary to prevent breaking scraping, marring, or otherwise damaging products or surrounding areas. D Handle products by methods to prevent over bending or overstressing. E Lift heavy components only at designated lifting points. F Handle materials and equipment in accordance with Manufacturer's recommendations. G Do not drop, roll, or skid products off delivery vehicles. Hand carry or use suitable materials handling equipment. 1.07 STORAGE OF MATERIAL A Store and protect materials in accordance with manufacturer's recommendations and requirements of these Technical Specifications. Control storage of potential water pollutants in conformance with Section 01566 — Source Controls for Erosion & Sedimentation. B, Make necessary provisions for safe storage of materials and equipment. Place loose soil materials,and materials to be incorporated into the Work to prevent damage to any part of the Work or existing facilities and to maintain free access at all times to all parts of the Work and to utility service company installations in the vicinity of the Work. 07/2006 01600-2 of 3 CITY OF PEARLAND MATERIAL AND EQUIPMENT C Keep materials and equipment neatly and compactly stored in locations that will cause (", a minimum of inconvenience to other contractors, public travel, adjoining owners, tenants, and occupants. Arrange storage in a manner to provide easy access for inspection. D Provide adequately ventilated, watertight storage facilities with floor above ground level for materials and equipment susceptible to weather damage. E Restrict storage to areas available on the construction site for storage of material and equipment as shown on Plans or approved by the Project Manager. F Provide off-site storage and protection when on-site storage is not adequate. G Do not use lawns, grass plots, or other private property for storage purposes without written permission of the owner or other person in possession or control of such premises. Damage to lawns,sidewalks,streets or other improvements shall be repaired or replaced to the satisfaction of the Project Manager. H Protect stored materials and equipment against loss or damage. I Store materials in manufacturers'unopened containers. J Materials delivered and stored along the line of the Work shall be not closer than 3 feet to any fire hydrant. Public and private drives and street crossings shall be kept open. K The total length which materials may be distributed along the route of construction at any one time is 1000 lineal feet, unless otherwise approved in writing by the Project Manager. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01600-3 of 3 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS Section 01630 PRODUCT OPTIONS AND SUBSTITUTIONS 1.0 GENERAL 1.01 SECTION INCLUDES A Options for making product or process selections. B Procedures for proposing equivalent construction products or processes,including pre- approved, and approved products or processes C References to Technical Specifications: 1. Section 01350—Submittals 1.02 SUBMITTALS A Make Submittals required by this and related Sections under the provisions of Section 01350—Submittals. 1.03 DEFINITIONS A Product: Means,materials,equipment,or systems incorporated into the Work.Product does not include machinery and equipment used for production,fabrication,conveying, and erection of the Work. Products may also include existing materials or components designated for re-use. B Process: Any proprietary system or method for installing system components resulting in an integral, functioning part of the Work. For this Section, the word Product includes Processes. 1.04 SELECTION OPTIONS A Pre-approved Products: Products of certain manufacturers or suppliers are designated in the Technical Specifications as"pre-approved". Products of other manufacturers or suppliers will not be acceptable under this Contract and will not be considered under the submittal process for approving alternate products. B Approved Products: Products of certain manufacturers or suppliers designated in the Technical Specifications followed by the words "or approved equal". Approval of alternate products not listed in the Technical Specifications may be obtained through provisions of this Section and Section 01350—Submittals. The procedure for approval of alternate products is not applicable to Pre-approved Products. C Product Compatibility: To the maximum extent possible,provide products that are of (116.\! the same type or function from a single manufacturer, make, or source. Where more than one choice is available as a Contractor's option, select a product which is compatible with other products already selected, specified, or in use by the Owner. Revised 10/2012/Facilities 01630- 1 of 3 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS 1.05 CONTRACTOR'S RESPONSIBILITY ("lib\ A Furnish information the Architect deems necessaryto judge equivalency of the alternate product. B Pay for laboratory testing as well as any other review or examination cost needed to establish the equivalency between products which enables the Architect to make such a judgment. C If the Architect determines that an alternate product is not equivalent to that named in the Technical Specifications,the Contractor shall furnish one of the specified products. 1.06 ARCHITECT'S REVIEW A Alternate products may be used only if approved in writing by the Architect. The Architect's determination regarding acceptance of a proposed alternate product is final. B Alternate products will be accepted if the product is judged by the Architect to be equivalent to the specified product or to offer substantial benefit to the Owner. C The Owner retains the right to accept any product deemed advantageous to the Owner, and similarly, to reject any product deemed not beneficial to the Owner. 1.07 SUBSTITUTION PROCEDURE A Collect and assemble technical information applicable to the proposed product to aid in determining equivalency as related to the Approved Product specified. B Submit a written request for a product to be considered as an alternate product along with the product information within fourteen(14)days after the Effective Date of the Agreement. C After the submittal period has expired, requests for alternate products will be considered only when a specified product becomes unavailable because of conditions beyond the Contractor's control. D Submit 5 copies of each request for alternate product approval. Include the following information: 1. Complete data substantiating compliance of proposed substitution with Contract Documents. 2. For products: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature with product description, performance and test data, and reference standards. c. Samples, as applicable. d. Name and address of similar projects on which product was used and date of installation. Include the name of the Owner, Architect, and installing contractor. Revised 10/2012/Facilities 01630-2 of 3 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS 3. For construction methods: a. Detailed description of proposed method. b. Shop Drawings illustrating methods. 4. Itemized comparison of proposed substitution with product or method specified. 5. Data relating to changes in Construction Schedule 6. Relationship to separate contracts, if any. 7. Accurate cost data on proposed substitution in comparison with product or method specified. 8. Other information requested by the Architect. E Approved alternate products will be subject to the same review process as the specified product would have been for Shop Drawings, Product Data, and Samples. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION Revised 10/2012/Facilities 01630-3 of 3 CITY OF PEARLAND CUTTING AND PATCHING Section 01730 CUTTING AND PATCHING 1.0 GENERAL 1.01 SECTION INCLUDES A Cutting, patching and fitting of Work to existing facilities, or to accommodate installation or connection of Work with existing facilities, or to uncover Work for access, inspection or testing. B References to Technical Specifications: 1. Section 01350— Submittals 2. Section 01630—Product Options & Substitutions 1.02 MEASURMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — ' Submittals. B Submit written notice to the Architect requesting consent to proceed prior to cutting which may affect structural integrity or design function,Owner operations,or work of another contractor. C Include the following in submittal: 1. Identification of Project. 2. Description of affected Work. 3. Necessity for cutting. 4. Effect on other work and on structural integrity. 5. Include description of proposed Work: a. Scope of cutting and patching. b. Contractor, subcontractor or trade to execute Work. c. Products proposed to be used. d. Extent of refinishing. e. Schedule of operations. 6. Alternatives to cutting and patching, if any. D Should conditions of Work or schedule indicate change of materials or methods, submit a written recommendation to the Architect including: 1. Conditions indicating change. 2. Recommendations for alternative materials or methods. 3. Submittals as required for substitutions in Section 01630—Product Options & Substitutions. Revised 10/2012/Facilities 01730- 1 of 3 CITY OF PEARLAND CUTTING AND PATCHING E Submit written notice to the Architect designating time Work will be uncovered for observation. Do not begin cutting or patching operations until authorized by the Architect. 1.04 CONNECTIONS TO EXISTING FACILITIES A Perform construction necessary to complete connections and tie-ins to existing facilities. Keep all existing facilities in continuous operation unless otherwise specifically permitted in these Technical Specifications or approved by the Architect. B Coordinate with the Architect, interruption of service requiring connection into existing facilities. Bypassing of wastewater or sludge to waterways is not permitted. Provide temporary pumping facilities to handle wastewater if necessary. Use temporary bulkheads (e.g., inflatable plugs) to minimize disruption. Provide temporary power supply and piping to facilitate construction where necessary. C Submit a detailed schedule of proposed connections,including shut-downs and tie-ins. Include in the submittal the proposed time and date as well as the anticipated duration of the Work. Submit the detailed schedule coordinated with the construction schedule. 1. Provide specific time and date information to the Architect 48 hours in advance of proposed Work. D Procedures and Operations: 1. The Contractor may operate existing pumps, valves and gates required for sequencing procedures only as directed by the Architect. Do not operate any valve, gate or other item of equipment without permission of the Owner and the knowledge of the Architect. 2. Insofar as possible,equipment shall be tested and in operating condition before final tie-ins are made to connect equipment to the existing facility. 3. Carefully coordinate Work and schedules. Provide written notice to the Architect at least 48 hours before shut-downs or by-passes are required. 2.0 PRODUCTS - Not Used. 3.0 EXECUTION A Perform activities to avoid interference with facility operations and the Work of others in accordance with Section 00700—General Conditions of the Agreement. B Execute cutting and patching, including excavation, backfill, and fitting to: 1. Remove and replace defective Work or Work not conforming to the Plans and Technical Specifications. 2. Take samples of installed Work as required for testing. 3. Remove construction required to provide for specified alteration or addition to existing Work. 4. Uncover Work to provide for inspection or reinspection of covered Work by the Architect or regulatory agencies having jurisdiction. 5. Connect any Work that was not accomplished in the proper sequence to completed Work. Revised 10/2012/Facilities 01730-2 of 3 CITY OF PEARLAND CUTTING AND PATCHING 6. Remove or relocate existing utilities and pipes which obstruct Work to which connections must be made. 7. Make connections or alterations to existing or new facilities. 8. Provide openings, channels, chases and flues, if any, and do cutting,patching and finishing. C Restore existing Work to a state equal to or better than that prior to cutting and patching. Restore new Work to standards of these Technical Specifications. D Support, anchor, attach,match,trim and seal materials to the Work of others. Unless otherwise specified, furnish and install sleeves, inserts, hangers, required for the execution of the Work. E Provide shoring, bracing and support as required to maintain structural integrity and protect adjacent Work from damage during cutting and patching. Before cutting beams or other structural members, anchors, lintels or other supports, request written instructions from the Architect. Follow such instructions, as applicable. • END OF SECTION Revised 10/2012/Facilities 01730-3 of 3 CITY OF PEARLAND PROJECT RECORD DOCUMENTS Section 01760 PROJECT RECORD DOCUMENTS 1.0 GENERAL 1.01 SECTION INCLUDES A Maintenance and Submittal of Record Documents and Samples. B References to Technical Specifications: 1. Section 01350—Submittals 2. Section 01770—Contract Closeout 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this and related Sections under the provisions of Section 01350—Submittals. (11") 1.04 MAINTENANCE OF DOCUMENTS AND SAMPLES A Maintain one copy of Record Documents at the Project Site in accordance with Section 00700 — General Conditions of Agreement, 3.02 "Keeping Plans and Specifications Accessible". B Store Record Documents and Samples in field office if a field office is required by Contract Documents, or in a secure location. Provide files,racks, and secure storage for Record Documents and Samples. C Label each document "PROJECT RECORD" in neat, large,printed letters. D Maintain Record Documents in a clean,dry,and legible condition. Do not use Record Documents for construction purposes. E Keep Record Documents and Samples available for inspection by Architect. 1.05 RECORDING A Record information concurrently with construction progress. Do not conceal any work until required information is recorded. B Plans, Change Orders, and Shop Drawings: Legibly mark each item to record all actual construction, or "as built" conditions, including: 1. Measured horizontal locations and elevations of underground utilities and appurtenances, referenced to permanent surface improvements. Revised 10/2012/Facilities 01760- 1 of 2 CITY OF PEARLAND PROJECT RECORD DOCUMENTS 2. Elevations of underground utilities referenced to bench marks utilized for the Work. 3. Field changes of dimension and detail. 4. Changes made by modifications. 5. Details not on original Plans. 6. References to related Shop Drawings and Modifications. C Record information with a red pen or pencil on a set of blue line opaque drawings, provided by Architect. 2.0 PRODUCTS - Not Used 3.0 EXECUTION A Deliver Record Documents and Samples to Owner in accordance with Section 01770— Contract Closeout. END OF SECTION (1111'' Revised 10/2012/Facilities 01760-2 of 2 CITY OF PEARLAND CONTRACT CLOSEOUT Section 01770 (1111b6.\ CONTRACT CLOSEOUT 1.0 GENERAL 1.01 SECTION INCLUDES A Closeout procedures including final submittals such as operation and maintenance data, warranties, and spare parts and maintenance materials. B References to Technical Specifications: 1. Section 01350—Submittals 2. Section 01760—Project Record Documents 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.04 CLOSEOUT PROCEDURES OC DURES A Comply with Section 00700 — General Conditions of Agreement regarding Final Completion and Final Payment when Work is complete and ready for Engineer's final inspection. B Provide Record Documents under provisions of Section 01760 — Project Record Documents. C Complete or correct items on punch list,with no new items added. Any new items will be addressed during warranty period. D The Owner will occupy portions of the Work as specified in Section 00700—General Conditions of Agreement. E Contractor shall request Final Inspection at least two weeks prior to Final Acceptance. 1.05 FINAL CLEANING A Execute final cleaning prior to final inspection. B Clean debris from drainage systems. C Clean Project Site; sweeppaved areas, rake clean landscaped surfaces. P 09/2009 01770- 1 of 2 CITY OF PEARLAND CONTRACT CLOSEOUT D Remove waste and surplus materials, rubbish, and temporary construction facilities from the Project Site following the final test of utilities and completion of the Work. 1.06 OPERATION AND MAINTENANCE DATA A Submit Operations and Maintenance data under provisions of Section 01350 — Submittals. 1.07 WARRANTIES A Provide one original of each warranty from Subcontractors, Suppliers, and Manufacturers. B Provide Table of Contents and assemble warranties in 3-ring/D binder with durable plastic cover. C Submit warranties prior to Final Application for Payment. 1. Warranties shall commence in accordance with the requirements of Section 00700—General Conditions of Agreement, 1.09 "Substantially Completed". 2.0 PRODUCTS - Not Used 3.0 EXECUTION Contractor shall diligently pursue completion of the items and activities contained in the Contract Close Out and Project Record Document sections of the project manual. Notwithstanding any performance of warranty work,the work of Contract Closeout shall be complete within thirty (30) days of the date of Final Completion and Acceptance of the work. END OF SECTION 1111 09/2009 01770-2 of 2 CITY OF PEARLAND INTERIOR ARCHITECTURAL WOODWORK WESTSIDE LIBRARY 06402 - 1 STORE FRONT EXPANSION WAG PROJECT NO. 14172 SECTION 06402 INTERIOR ARCHITECTURAL WOODWORK PART I -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 GENERAL DESCRIPTION OF THE WORK OF THIS SECTION A. This Section includes the following: 1. Plastic-laminate clad cabinets, end panels, and countertops. 2. Security mirror. 1.3 RELATED WORK OF OTHER SECTIONS: A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.4 DEFINITIONS A. Interior architectural woodwork includes wood furring, blocking, shims, and hanging strips for installing woodwork items, unless concealed within other construction before woodwork installation. 1.5 SUBMITTALS A. Product Data: For each type of product indicated, including cabinet hardware and accessories, handrail brackets. B. Product Data: For plywood, high-pressure decorative laminate, adhesive for bonding plastic laminate, thermoset decorative overlay, cabinet hardware and accessories. C. Shop Drawings: Show location of each item, dimensioned plans and elevations, large-scale details, attachment devices, and other components. 1. Show details half size. 2. Show locations and sizes of furring, blocking, and hanging strips, including concealed blocking and reinforcement specified in other Sections. D. Samples for Initial Selection: Manufacturer's color charts consisting of units or sections of units showing the full range of colors, textures, and patterns available for each type of material indicated. 1. Plastic laminates. 2. Thermoset decorative overlays. E. Samples for Verification: For the following: 11114) 1. Plastic-laminate-clad panel products, 8 by 10 inches (200 by 250 mm), for each type, color, pattern, and surface finish,with separate samples of unfaced panel product used for core. 2. Thermoset decorative-overlay surfaced panel products, 8 by 10 inches (200 by 250 mm), for each type, color, pattern,and surface finish. CITY OF PEARLAND INTERIOR ARCHITECTURAL WOODWORK WESTSIDE LIBRARY 06402 -2 STORE FRONT EXPANSION WAG PROJECT NO. 14172 3. Exposed cabinet hardware and accessories, one unit for each type and finish. F. Product Certificates: Signed by manufacturers of woodwork certifying that products furnished comply with requirements. 1.6 QUALITY ASSURANCE A. Quality Standard: Unless otherwise indicated, comply with AWI's "Architectural Woodwork Quality Standards" for grades of interior architectural woodwork, construction, finishes, and other requirements. 1. Provide AWI Quality Certification Program labels or compliance certificate indicating that woodwork complies with requirements of grades specified. 1.7 DELIVERY,STORAGE,AND HANDLING A. Do not deliver woodwork until painting and similar operations that could damage woodwork have been completed in installation areas. If woodwork must be stored in other than installation areas, store only in areas where environmental conditions comply with requirements specified in "Project Conditions" Article. 1.8 PROJECT CONDITIONS A. Environmental Limitations: Do not deliver or install woodwork until building is enclosed, wet work is complete, and HVAC system is operating and maintaining temperature and relative humidity at /1111 occupancy levels during the remainder of the construction period. B. Field Measurements: Where woodwork is indicated to fit to other construction, verify dimensions of other construction by field measurements before fabrication and indicate measurements on Shop Drawings. Coordinate fabrication schedule with construction progress to avoid delaying the Work. 1. Locate concealed framing, blocking, and reinforcements that support woodwork by field measurements before being enclosed and indicate measurements on Shop Drawings. 2. Established Dimensions: Where field measurements cannot be made without delaying the Work, establish dimensions and proceed with fabricating woodwork without field measurements. Provide allowance for trimming at site, and coordinate construction to ensure that actual dimensions correspond to established dimensions. 1.9 COORDINATION A. Coordinate sizes and locations of framing, blocking, furring, reinforcements, and other related units of Work specified in other Sections to ensure that interior architectural woodwork can be supported and installed as indicated. PART 2-PRODUCTS 2.1 MATERIALS A. General: Provide materials that comply with requirements of the AWI quality standard for each type of woodwork and quality grade specified, unless otherwise indicated. (11.6.\ B. Thermoset Decorative Overlay: Particleboard complying with ANSI A208.1, Grade M-2, or medium- density fiberboard complying with ANSI A208.2, Grade MD,with surface of thermally fused, melamine- impregnated decorative paper complying with LMA SAT-1. CITY OF PEARLAND INTERIOR ARCHITECTURAL WOODWORK WESTSIDE LIBRARY 06402-3 STORE FRONT EXPANSION WAG PROJECT NO. 14172 C. High-Pressure Decorative Laminate: NEMA LD 3, grades as indicated, or if not indicated, as required by woodwork quality standard. 1. Manufacturer: Subject to compliance with requirements, provide high-pressure decorative laminates by one of the following: a. Formica Corporation. b. Wilsonart International; Div. of Premark International, Inc. D. Adhesive for Bonding Plastic Laminate: Provide waterproof type as recommended by decorative laminate manufacturer. 1. Adhesive shall contain less than 250 volatile organic compounds (VOCs). E. Security Mirror: ULine "BL 615 Half Dome Acrylic Safety Mirror", complete with all attachments and accessories. 2.2 CABINET HARDWARE AND ACCESSORIES A. Hardware Standard: Comply with BHMA A156.9 for items indicated by referencing BHMA numbers or items referenced to this standard. B. Cabinet Hardware and Miscellaneous Item Schedule: 1. Pulls: 4 Inch Wire Aluminum, satin finish. 2. Cabinet Door and Drawer Locks: Comp X National Cabinet Lock No. C8053-14A-KA415A. 3. Hinges: Concealed 165 degree with automatic spring: Hafele, Duomatic. 4. Drawer Slides: Accuride Model 3832C/3834C at desk locations, or indicated. 5. Shelf Pins: Hafele #282.04.711 (behind cabinet door locations); Knape & Vogt Model No. 255 stndards and No. 256 clips(at open cabinets) 6. Continuous Hinges: Stanley 472911, Stainless Steel. 7. Shelf Standards and Brackets:. Knape&Vogt#80 standards and#180 brackets C. For concealed hardware, provide manufacturer's standard finish that complies with product class requirements in BHMA A156.9. 2.3 INSTALLATION MATERIALS A. Furring, Blocking, Shims, and Hanging Strips: Softwood or hardwood lumber, kiln-dried to less than 15 percent moisture content. B. Anchors: Select material, type, size, and finish required for each substrate for secure anchorage. Provide nonferrous-metal or hot-dip galvanized anchors and inserts on inside face of exterior walls and elsewhere as required for corrosion resistance. Provide toothed-steel or lead expansion sleeves for drilled-in-place anchors. 2.4 FABRICATION, GENERAL A. Interior Woodwork Grade: Provide Custom grade interior woodwork complying with the referenced quality standard, unless otherwise indicated. (111.1'\ B. Wood Moisture Content: Comply with requirements of referenced quality standard for wood moisture content in relation to ambient relative humidity during fabrication and in installation areas. C. Fabricate woodwork to dimensions, profiles, and details indicated. CITY OF PEARLAND INTERIOR ARCHITECTURAL WOODWORK WESTSIDE LIBRARY 06402-4 (1111111 STORE FRONT EXPANSION WAG PROJECT NO. 14172 D. Complete fabrication, including assembly, finishing, and hardware application, to maximum extent possible, before shipment to Project site. Disassemble components only as necessary for shipment and installation. Where necessary for fitting at site, provide ample allowance for scribing, trimming, and fitting. 1. Notify Architect seven days in advance of the dates and times woodwork fabrication will be complete. 2. Trial fit assemblies at fabrication shop that cannot be shipped completely assembled. Install dowels, screws, bolted connectors, and other fastening devices that can be removed after trial fitting. Verify that various parts fit as intended and check measurements of assemblies against field measurements indicated on Shop Drawings before disassembling for shipment. E. Shop cut openings, to maximum extent possible, to receive hardware, appliances, plumbing fixtures, electrical work, and similar items. Locate openings accurately and use templates or roughing-in diagrams to produce accurately sized and shaped openings. Sand edges of cutouts to remove splinters and burrs. 1. Seal edges of openings in countertops with a coat of varnish. 2.5 PLASTIC-LAMINATE CABINETS A. Quality Standard: Comply with AWI Section 400 requirements for laminate cabinets, unless otherwise indicated. B. Grade: Custom. C. AWI Type of Cabinet Construction: As indicated. D. Laminate Cladding for Exposed Surfaces: High-pressure decorative laminate complying with the following requirements: 1. Horizontal Surfaces Other Than Tops: HGS. 3. Vertical Surfaces: HGS. 4. Edges: HGS minimum thickness, matching laminate in color, pattern, and finish. E. Materials for Semiexposed Surfaces: Provide surface materials indicated below: 1. Surfaces Other Than Drawer Bodies: Thermoset decorative overlay, equal to Melamine. 2. Drawer Sides and Backs: Solid-hardwood lumber. 3. Drawer Bottoms: Hardwood plywood. F. Colors, Patterns, and Finishes: Provide materials and products that result in colors and textures of exposed laminate surfaces complying with the following requirements: 1. Provide Architect's selections from laminate manufacturer's full range of colors and finishes in solid colors. G. End panels of plastic laminate faced panels shall be provided at all open cabinet ends. 2.6 PLASTIC-LAMINATE COUNTERTOPS A. Quality Standard: Comply with AWI Section 400 requirements for high-pressure decorative laminate countertops, except as otherwise specified herein. CITY OF PEARLAND INTERIOR ARCHITECTURAL WOODWORK WESTSIDE LIBRARY 06402 -5 STORE FRONT EXPANSION WAG PROJECT NO. 14172 (111.'"\ B. Grade: Custom,with exterior grade plywood core. C. High-Pressure Decorative Laminate Grade: HGS. D. Colors, Patterns, and Finishes: Provide materials and products that result in colors and textures of exposed laminate surfaces complying with the following requirements: 1. Provide Architect's selections from manufacturer's full range of colors and finishes in the following categories: a. Solid colors. E. Edge Treatment: Same as laminate cladding on horizontal surfaces. F. Core Material: Exterior-grade plywood. PART 3-EXECUTION 3.1 PREPARATION A. Condition woodwork to average prevailing humidity conditions in installation areas before installation. B. Before installing architectural woodwork, examine shop-fabricated work for completion and complete work as required, including removal of packing and backpriming. 3.2 INSTALLATION A. Quality Standard: Install woodwork to comply with AWI Section 1700 for the same grade specified in Part 2 of this Section for type of woodwork involved. B. Install woodwork level, plumb, true, and straight. Shim as required with concealed shims. Install level and plumb(including tops)to a tolerance of 1/8 inch in 96 inches (3 mm in 2400 mm). C. Scribe and cut woodwork to fit adjoining work, and refinish cut surfaces and repair damaged finish at cuts. D. Anchor woodwork to anchors or blocking built in or directly attached to substrates. Secure with countersunk, concealed fasteners and blind nailing as required for complete installation. E. Cabinets: Install without distortion so doors and drawers fit openings properly and are accurately aligned. Adjust hardware to center doors and drawers in openings and to provide unencumbered operation. Complete installation of hardware and accessory items as indicated. 1. Install cabinets with no more than 1/8 inch in 96-inch (3 mm in 2400-mm) sag, bow, or other variation from a straight line. 2. Fasten wall cabinets through back, near top and bottom, at ends and not more than 16 inches (400 mm) o.c. with No. 10 wafer-head screws sized for 1-inch (25-mm) penetration into wood framing, blocking, or hanging strips or No. 10 wafer-head sheet metal screws through metal backing or metal framing behind wall finish or toggle bolts through metal backing or metal framing behind wall finish. F. Countertops: Anchor securely by screwing through corner blocks of base cabinets or other supports into underside of countertop. 1. Install countertops with no more than 1/8 inch in 96-inch (3 mm in 2400-mm) sag, bow, CITY OF PEARLAND INTERIOR ARCHITECTURAL WOODWORK WESTSIDE LIBRARY 06402 -6 STORE FRONT EXPANSION WAG PROJECT NO. 14172 or other variation from a straight line. 3. Secure backsplashes to walls with adhesive. 4. Calk space between backsplash and wall with sealant specified in Division 7 Section "Joint Sealants." 3.3 ADJUSTING AND CLEANING A. Repair damaged and defective woodwork, where possible, to eliminate functional and visual defects; where not possible to repair, replace woodwork. Adjust joinery for uniform appearance. B. Clean, lubricate, and adjust hardware. C. Clean woodwork on exposed and semiexposed surfaces. END OF SECTION CITY OF PEARLAND FIRESTOPPING WESTSIDE LIBRARY 07841 - 1 STORE FRONT EXPANSION WAG PROJECT NO. 14172 SECTION 07841 FIRESTOPPING PART 1 -GENERAL 1.1 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to work specified in this Section. 1.2 GENERAL DESCRIPTION OF THE WORK OF THIS SECTION: A. Work includes furnishing and installing fire and smoke barrier penetration seals for openings in rated floors, walls, and other elements of construction. 1.3 RELATED WORK OF OTHER SECTIONS: A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.4 PERFORMANCE REQUIREMENTS A. General: For the following constructions, provide through-penetration firestop systems that are produced and installed to resist spread of fire according to requirements indicated, resist passage of smoke and other gases, and maintain original fire-resistance rating of assembly penetrated. 1. Fire-resistance-rated load-bearing walls, including partitions, with fire-protection-rated openings. 2. Fire-resistance-rated non-load-bearing walls, including partitions, with fire-protection-rated openings. 3. Fire-resistance-rated floor assemblies. B. F-Rated Systems: Provide through-penetration firestop systems with F-ratings indicated, as determined per ASTM E 814, but not less than that equaling or exceeding fire-resistance rating of constructions penetrated. C. T-Rated Systems: For the following conditions, provide through-penetration firestop systems with T- ratings indicated, as well as F-ratings, as determined per ASTM E 814, where systems protect penetrating items exposed to potential contact with adjacent materials in occupiable floor areas: 1. Penetrations located outside wall cavities. 2. Penetrations located outside fire-resistive shaft enclosures. 3. Penetrations located in construction containing fire-protection-rated openings. 4. Penetrating items larger than 4-inch-diameter nominal pipe or 16 sq. in. in overall cross-sectional area. D. For through-penetration firestop systems exposed to view, traffic, moisture, and physical damage, provide products that after curing do not deteriorate when exposed to these conditions both during and after construction. C.6.\ 1. For piping penetrations for plumbing and wet-pipe sprinkler systems, provide moisture-resistant through-penetration firestop systems. 2. For floor penetrations with annular spaces exceeding 4 inches in width and exposed to possible loading and traffic, provide firestop systems capable of supporting floor loads involved either by CITY OF PEARLAND FIRESTOPPING WESTSIDE LIBRARY 07841 -2 STORE FRONT EXPANSION WAG PROJECT NO. 14172 installing floor plates or by other means. 3. For penetrations involving insulated piping, provide through-penetration firestop systems not requiring removal of insulation. E. For through-penetration firestop systems exposed to view, provide products with flame-spread ratings of less than 25 and smoke-developed ratings of less than 450, as determined per ASTM E 84. 1.5 SUBMITTALS A. Product Data: For each type of through-penetration firestop system product indicated. B. Shop Drawings: For each through-penetration firestop system, show each kind of construction condition penetrated, relationships to adjoining construction, and kind of penetrating item. Include firestop design designation of testing and inspecting agency acceptable to authorities having jurisdiction that evidences compliance with requirements for each condition indicated. 1. Submit documentation, including illustrations, from a qualified testing and inspecting agency that is applicable to each through-penetration firestop system configuration for construction and penetrating items. 1.6 QUALITY ASSURANCE A. Installer Qualifications: An experienced installer who has completed through-penetration firestop systems similar in material, design, and extent to that indicated for this Project and whose work has resulted in construction with a record of successful in-service performance. B. Source Limitations: Obtain through-penetration firestop systems, for each kind of penetration and construction condition indicated,from a single manufacturer. C. Fire-Test-Response Characteristics: Provide through-penetration firestop systems that comply with the following requirements and those specified in "Performance Requirements"Article: 1. Firestopping tests are performed by a qualified testing and inspecting agency. A qualified testing and inspecting agency is an agency performing testing and follow-up inspection services for firestop systems acceptable to authorities having jurisdiction. 2. Through-penetration firestop systems are identical to those tested per ASTM E 814. Provide rated systems complying with the following requirements:. a. Through-penetration firestop systems correspond to those indicated by reference to through-penetration firestop system designations listed by the following: (1) UL in "Fire Resistance Directory." (2) ITS in "Directory of Listed Products." 1.7 DELIVERY,STORAGE,AND HANDLING A. Deliver through-penetration firestop system products to Project site in original, unopened containers or packages with intact and legible manufacturers' labels identifying product and manufacturer; date of manufacture; lot number; shelf life, if applicable; qualified testing and inspecting agency's classification marking applicable to Project; curing time; and mixing instructions for multicomponent materials. B. Store and handle materials for through-penetration firestop systems to prevent their deterioration or damage due to moisture,temperature changes, contaminants, or other causes. CITY OF PEARLAND FIRESTOPPING WESTSIDE LIBRARY 07841 -3 STORE FRONT EXPANSION WAG PROJECT NO. 14172 1.8 PROJECT CONDITIONS A. Environmental Limitations: Do not install through-penetration firestop systems when ambient or substrate temperatures are outside limits permitted by through-penetration firestop system manufacturers or when substrates are wet due to rain,frost, condensation, or other causes. B. Ventilate through-penetration firestop systems per manufacturer's written instructions by natural means or,where this is inadequate,forced-air circulation. 1.9 COORDINATION A. Coordinate construction of openings and penetrating items to ensure that through-penetration firestop systems are installed according to specified requirements. B. Coordinate sizing of sleeves, openings, core-drilled holes, or cut openings to accommodate through- penetration firestop systems. C. Notify Owner's inspecting agency at least seven days in advance of through-penetration firestop system installations; confirm dates and times on days preceding each series of installations. D. Do not cover up through-penetration firestop system installations that will become concealed behind other construction until Owner's inspecting agency and building inspector, if required by authorities (111116\ having jurisdiction, have examined each installation. PART 2-PRODUCTS 2.1 MANUFACTURERS A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. ND Fire Protection Systems Inc. 2. Hilti Construction Chemicals, Inc. 3. Isolatek International. 4. RectorSeal Corporation (The). 5. Specified Technologies Inc. 6. 3M Fire Protection Products. 2.2 FIRESTOPPING, GENERAL A. Compatibility: Provide through-penetration firestop systems that are compatible with one another,with the substrates forming openings, and with the items, if any, penetrating through-penetration firestop systems, under conditions of service and application, as demonstrated by through-penetration firestop system manufacturer based on testing and field experience. B. Accessories: Provide components for each through-penetration firestop system that are needed to install fill materials and to comply with "Performance Requirements" Article. Use only components specified by through-penetration firestop system manufacturer and approved by the qualified testing and inspecting agency for firestop systems indicated. 2.3 FILL MATERIALS A. General: Provide through-penetration firestop systems containing the types of fill materials indicated in the Through-Penetration Firestop System Schedule at the end of Part 3 by reference to the types of materials described in this Article. Fill materials are those referred to in directories of the referenced CITY OF PEARLAND FIRESTOPPING WESTSIDE LIBRARY 07841 -4 STORE FRONT EXPANSION WAG PROJECT NO. 14172 testing and inspecting agencies as fill, void, or cavity materials. B. Cast-in-Place Firestop Devices: Factory-assembled devices for use in cast-in-place concrete floors and consisting of an outer metallic sleeve lined with an intumescent strip, a radial extended flange attached to one end of the sleeve for fastening to concrete formwork, and a neoprene gasket. C. Latex Sealants: Single-component latex formulations that after cure do not re-emulsify during exposure to moisture. D. Firestop Devices: Factory-assembled collars formed from galvanized steel and lined with intumescent material sized to fit specific diameter of penetrant. E. Intumescent Composite Sheets: Rigid panels consisting of aluminum-foil-faced elastomeric sheet bonded to galvanized steel sheet. F. Intumescent Putties: Nonhardening dielectric, water-resistant putties containing no solvents, inorganic fibers, or silicone compounds. G. Intumescent Wrap Strips: Single-component intumescent elastomeric sheets with aluminum foil on one side. H. Mortars: Prepackaged, dry mixes consisting of a blend of inorganic binders, hydraulic cement, fillers, and lightweight aggregate formulated for mixing with water at Project site to form a nonshrinking, homogeneous mortar. I. Pillows/Bags: Reusable, heat-expanding pillows/bags consisting of glass-fiber cloth cases filled with a combination of mineral-fiber,water-insoluble expansion agents and fire-retardant additives. J. Silicone Foams: Multicomponent, silicone-based liquid elastomers that,when mixed, expand and cure in place to produce a flexible, nonshrinking foam. K. Silicone Sealants: Moisture-curing, single-component, silicone-based, neutral-curing elastomeric sealants of grade indicated below: 1. Grade: Pourable (self-leveling) formulation for openings in floors and other horizontal surfaces and nonsag formulation for openings in vertical and other surfaces requiring a nonslumping, gunnable sealant, unless indicated firestop system limits use to nonsag grade for both opening conditions. 2. Grade for Horizontal Surfaces: Pourable (self-leveling) formulation for openings in floors and other horizontal surfaces. 3. Grade for Vertical Surfaces: Nonsag formulation for openings in vertical and other surfaces. 2.4 MIXING A. For those products requiring mixing before application, comply with through-penetration firestop system manufacturer's written instructions for accurate proportioning of materials, water (if required), type of mixing equipment, selection of mixer speeds, mixing containers, mixing time, and other items or procedures needed to produce products of uniform quality with optimum performance characteristics for application indicated. (1111 PART 3-EXECUTION 3.1 EXAMINATION CITY OF PEARLAND FIRESTOPPING WESTSIDE LIBRARY 07841 -5 STORE FRONT EXPANSION WAG PROJECT NO. 14172 (1111.16\ A. Examine substrates and conditions, with Installer present, for compliance with requirements for opening configurations, penetrating items, substrates, and other conditions affecting performance. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Surface Cleaning: Clean out openings immediately before installing through-penetration firestop systems to comply with written recommendations of firestop system manufacturer and the following requirements: 1. Remove from surfaces of opening substrates and from penetrating items foreign materials that could interfere with adhesion of through-penetration firestop systems. 2. Clean opening substrates and penetrating items to produce clean, sound surfaces capable of developing optimum bond with through-penetration firestop systems. Remove loose particles remaining from cleaning operation. 3. Remove laitance and form-release agents from concrete. B. Priming: Prime substrates where recommended in writing by through-penetration firestop system manufacturer using that manufacturer's recommended products and methods. Confine primers to areas of bond; do not allow spillage and migration onto exposed surfaces. C. Masking Tape: Use masking tape to prevent through-penetration firestop systems from contacting adjoining surfaces that will remain exposed on completion of Work and that would otherwise be permanently stained or damaged by such contact or by cleaning methods used to remove smears from firestop system materials. Remove tape as soon as possible without disturbing firestop system's seal with substrates. 3.3 THROUGH-PENETRATION FIRESTOP SYSTEM INSTALLATION A. General: Install through-penetration firestop systems to comply with "Performance Requirements" Article and firestop system manufacturer's written installation instructions and published drawings for products and applications indicated. B. Install forming/damming/backing materials and other accessories of types required to support fill materials during their application and in the position needed to produce cross-sectional shapes and depths required to achieve fire ratings indicated. 1. After installing fill materials, remove combustible forming materials and other accessories not indicated as permanent components of firestop systems. C. Install fill materials for firestop systems by proven techniques to produce the following results: 1. Fill voids and cavities formed by openings, forming materials, accessories, and penetrating items as required to achieve fire-resistance ratings indicated. 2. Apply materials so they contact and adhere to substrates formed by openings and penetrating items. 3. For fill materials that will remain exposed after completing Work, finish to produce smooth, (g1114` uniform surfaces that are flush with adjoining finishes. 3.4 FIELD QUALITY CONTROL A. Inspecting Agency: Owner will engage a qualified independent inspecting agency to inspect through- penetration firestop systems and to prepare test reports. CITY OF PEARLAND FIRESTOPPING WESTSIDE LIBRARY 07841 -6 STORE FRONT EXPANSION WAG PROJECT NO. 14172 1. Inspecting agency will state in each report whether inspected through-penetration firestop systems comply with or deviate from requirements. B. Proceed with enclosing through-penetration firestop systems with other construction only, after inspection reports are issued. C. Where deficiencies are found, repair or replace through-penetration firestop systems so they comply with requirements. 3.5 IDENTIFICATION A. Identify through-penetration firestop systems with pressure-sensitive, self-adhesive, preprinted vinyl labels. Attach labels permanently to surfaces of penetrated construction on both sides of each firestop system installation where labels will be visible to anyone seeking to remove penetrating items or firestop systems. Include the following information on labels: 1. The words: "Warning--Through-Penetration Firestop System--Do Not Disturb. Notify Building Management of Any Damage." 2. Contractor's name, address, and phone number. 3. Through-penetration firestop system designation of applicable testing and inspecting agency. 4. Date of installation. 5. Through-penetration firestop system manufacturer's name. 6. Installer's name. 3.6 CLEANING AND PROTECTION A. Clean off excess fill materials adjacent to openings as Work progresses by methods and with cleaning materials that are approved in writing by through-penetration firestop system manufacturers and that do not damage materials in which openings occur. B. Provide final protection and maintain conditions during and after installation that ensure through- penetration firestop systems are without damage or deterioration at time of Substantial Completion. If, despite such protection, damage or deterioration occurs, cut out and remove damaged or deteriorated through-penetration firestop systems immediately and install new materials to produce through- penetration firestop systems complying with specified requirements. END OF SECTION C CITY OF PEARLAND JOINT SEALANTS WESTSIDE LIBRARY 07900 - 1 STORE FRONT EXPANSION WAG PROJECT NO. 14172 SECTION 07900 JOINT SEALANTS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Summary: Section includes furnishing and installing joint sealants and back-up materials at locations indicated and required to comply with performance requirements. 1.3 RELATED.WORK A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.4 PERFORMANCE REQUIREMENTS A. It is required that sealant work provide durable weathertight joint seals that are well cured, of uniform depth, tooled to provide good adhesion to sealant bond surfaces, and not to deteriorate in excess of limits published by sealant manufacturer. 1.5 SUBMITTALS A. Submit manufacturer's product data and details showing layout of recommended minimum and maximum joint width to depth relationships, and recommended primers for substrates and conditions indicated. Include material specifications showing compliance with requirements. 1.6 DELIVERY, STORAGE AND PROTECTION A. Deliver materials and store in manufacturer's original unopened containers. Store materials between 40-degrees F (4-degrees C) and 90-degrees F (32-degrees C). 1.7 PROJECT CONDITIONS A. Do not apply joint sealants, primers, and related materials to surfaces without first verifying compatibility required by the Quality Assurance paragraph. Install sealants when air temperature and substrate temperature are over 40-degrees F (4-degrees C) and rising, but less than 100-degrees F (37-degrees C). PART 2 - PRODUCTS 2.1 SEALANT MATERIALS CITY OF PEARLAND JOINT SEALANTS WESTSIDE LIBRARY 07900 - 2 STORE FRONT EXPANSION WAG PROJECT NO. 14172 A. Acrylic-Emulsion Sealant: Manufacturer's standard, one- part, non-sag, mildew- resistant, acrylic-emulsion sealant complying with ASTM C 834, formulated to be paintable and recommended for exposed applications on interior and protected exterior exposures involving joint movement of not more than ± 7.5%. 1. Products: Subject to compliance with requirements, provide Bostik Construction Products Division "Chem-Calk 600" or Pecora Corp. "AC-20+Silicone" or Polymeric Systems, Inc. "PSI-701" or Sonneborn Building Products Division/Rexnord Chem. Products, Inc. "Sonolac". 2. Locations: All exposed interior locations. 3. Colors: As selected by Architect from manufacturer's standard colors. B. One-Part Non-Acid Curing Mildew-Resistant Silicone Sealant: ASTM C 920, Type S, Grade NS, Class 25, and Uses NT, M, G, A, and, as applicable to joint substrates indicated, 0; medium modulus sealant formulated with fungicide that are intended for sealing interior ceramic tile joints and other non-porous substrates that are subject to in-service exposures to high humidity and temperature extremes. 1. Products: Subject to compliance with requirements, provide either Dow Corning "786 Mildew Resistant Sealant," or GE Silicones "Sanitary 1700 Sealant," or Pecora "898 Silicone," or Polymeric Systems, Inc. "PSI 611". 2. Locations: Interior tile and other similar locations subject to both high humidity and temperature extremes. 3. Colors: As selected by Architect from manufacturer's standard colors. C. Acoustical Sealant for Concealed Joints: Manufacturer's standard, nondrying nonhardening, nonskinning, nonstaining, gunnable, synthetic rubber sealant recommended for sealing interior concealed joints to reduce transmission of airborne sound. 1. Products: Subject to compliance with requirements, provide Pecora Corp. "BA- 98" or US Gypsum "Acoustical Sealant" or Sika "Sikaflex 11 FC." 2. Locations: Concealed gypsum drywall partitions perimeter and penetrations. 2.2 ACCESSORY MATERIALS A. Bond Breaker Tape: Polyethylene tape or other plastic tape as recommended by the sealant manufacturer for preventing sealant from adhering to rigid, inflexible joint filler materials or joint surfaces at back of joint where such adhesion would result in sealant failure. Provide self-adhesive tape where applicable. B. Joint Sealant Backing: 1. ASTM C1330; closed-cell polyethylene foam rod, non-gassing; Nomaco "Noma Spec," or approved equivalent. 2. Expanding foam sealant; Polytite B by Polytite Manufacturing Corp. or Polyseal by Sandell Mfg. Co., or "Colorseal" by Emseal. PART 3 - EXECUTION 3.1 PREPARATION CITY OF PEARLAND JOINT SEALANTS WESTSIDE LIBRARY 07900 - 3 STORE FRONT EXPANSION WAG PROJECT NO. 14172 A. Examination: 1. Examine substrates and verify that joint dimensions are correct and that substrate is in proper condition to receive sealants. 2. Do not proceed with installation until unsatisfactory conditions have been corrected. B. Cleaning Joints: 1. Clean out joints just before installing sealants; follow joint sealer manufacturer's recommendations. 2. Remove dust; paints, except for permanent, protective coatings tested and approved for sealant adhesion and compatibility by sealant manufacturer; oil, grease, water repellents, water, surface dirt and frost, and other similar materials which would prevent or reduce sealant bond. 3. Clean metal, glass, and other non-porous surfaces by means that are not harmful to substrates or leave residues capable of interfering with sealant adhesion. C. Joint Sealant Backing: Install joint backing without twisting, compress more than 50%, or stretch during installation. Install sealant backup materials to provide support of sealants during application and at position required to produce the cross-sectional shapes and depths of installed sealants relative to joint widths that allow optimum sealant movement capability. (1°'°.\ D. 1. For joints 1/4-inch to 1/2-inch wide, install backer rod to provide sealant joint depth equal to joint width. 2. Do not leave gaps between ends of joint-fillers. Do not stretch, twist, puncture or tear joint-fillers. Remove absorbent joint-fillers that have become wet prior to sealant application and replace with dry material. 3. Install bond breaker tape between sealants and joint-fillers, compression seals or back of joints where required to prevent third-side adhesion of sealant to back of joints. 4. Provide joint sealant over all sight exposed backer rod, expansion joint filler, and expanding foam sealant. E. Bond Surface Priming: 1. Prime cleaned joint substrates where recommended by joint sealer manufacturer based on preconstruction joint sealer-substrate tests or prior experience. 2. Follow joint sealer manufacturer's recommendations. 3. Confine primers to sealant bond area; do not allow spillage or migration onto adjoining surfaces. 4. Prime bond surfaces prior to installation of sealant joint backing. 3.2 INSTALLATION A. Manufacturer's Instructions: Follow sealant manufacturers' printed installation instructions applicable to products and applications indicated, except where more stringent requirements apply. CITY OF PEARLAND JOINT SEALANTS WESTSIDE LIBRARY 07900 -4 STORE FRONT EXPANSION WAG PROJECT NO. 14172 B. Masking: Mask surfaces that might be permanently stained or damaged by sealant contact or by cleaning methods required to remove sealant smears. Promptly remove tape after tooling without disturbing joint seal. C. Installation Technique: Install sealants using techniques that result in sealants directly contacting and fully wetting joint substrates, completely filling recesses provided for each joint configuration and providing uniform, cross-sectional shapes and depths relative to joint widths which allow optimum sealant movement capability. D. Tooling: Tool non-sag sealants slightly concave prior to time skinning or curing begins to form smooth, uniform beads, to eliminate air bubbles and air pockets, and to assure contact and adhesion of sealant with sides of joint. Remove excess sealants from surfaces adjacent to joint. Do not use tooling agents that discolor sealants or adjacent surfaces or are not approved by sealant manufacturer. E. Protection: Protect joint sealants during and after curing period from contact with contaminating substances or from damage resulting from construction operations or other causes so that they are without deterioration or damage at time of Substantial Completion. END OF SECTION CITY OF PEARLAND PREFABRICATED INT.ALUMINUM FRAMES WESTSIDE LIBRARY 08121 - 1 STOREFRONT EXPANSION WAG PROJECT NO. 14172 SECTION 08121 PREFABRICATED INTERIOR ALUMINUM FRAMES PART 1 - GENERAL 1.1 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to work specified in this Section. 1.2 GENERAL DESCRIPTION OF THE WORK OF THIS SECTION: A. Work includes furnishing and installing prefabricated interior aluminum frames; cutting, fitting, and preparation of frames to receive finish hardware and accessories; and shop painting. 1.3 RELATED WORK OF OTHER SECTIONS: A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.4 QUALITY ASSURANCE A. Frames shall be fire-rated and labeled and listed for ratings indicated by Warnock Hersey or other testing and inspection agency acceptable to authorities having jurisdiction. Provide required label on each frame. 1.5 SUBMITTALS: A. Submit copies of frame manufacturer's printed specifications and installation instructions for review. B. Submit shop drawings for fabrication and erection of prefabricated aluminum frame work. Include details of each frame type, conditions at openings, details of construction, location, and installation requirements of finish hardware and reinforcements, and details of joints and connections. Show anchorage and accessory items. Provide a schedule of frames using same reference numbers for details and openings as those on Architect's Drawings. 1. Coordinate submittals with other doors, frames, and hardware and use the same "opening number identification" as given on the Drawings and the Door Schedule. a. Submittals not using the numbering identification system shown on Architect's Drawings and Schedules will be rejected. C. Furnish representative samples of aluminum finish proposed for this work for acceptance before any material is shop assembled, finished, or delivered. 1.6 PRODUCT DELIVERY, STORAGE AND HANDLING: CITY OF PEARLAND PREFABRICATED INT.ALUMINUM FRAMES WESTSIDE LIBRARY 08121 -2 STOREFRONT EXPANSION WAG PROJECT NO. 14172 A. Deliver aluminum frames cartoned or crated to provide protection during transit and job storage. B. Inspect aluminum frame work upon delivery for damage. Minor damages may be repaired provided the repaired items are equivalent in all respects to new work; otherwise remove and replace damaged work as directed. PART 2 - PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS: A. Subject to compliance with requirements, provide products of one of the following manufacturers: 1. Offenhauser Company. 2. RACO Interior Products. 3. Avalon International, Dual-Lock Partition Systems, Inc. 4. Frameworks Manufacturing Company. 5. Versatrac. 2.2 MATERIALS: (11111 \ A. Aluminum extrusions conforming to ASTM B 211, Alloy 6063-T5, free of scratches and blemishes on exposed surfaces. B. General: Provide interior aluminum frame components that comply with dimensions, profiles, and relationships to adjoining work of components indicated on Drawings. C. Door Frames: Extruded aluminum, not less than 0.062-inch (1.6 mm) thick, reinforced for hinges and strikes. D. Glass Frames: Extruded aluminum, not less than 0.062-inch (1.6 mm) thick, designed for glass thickness indicated. E. Ceiling Tracks: Extruded aluminum, not less than 0.062-inch (1.6 mm) thick. F. Trim: Extruded aluminum, not less than 0.062-inch (1.6 mm) thick, removable snap-in glass stops and door stops without exposed fasteners. G. Fasteners: Aluminum, nonmagnetic stainless-steel or other noncorrosive metal fasteners compatible with frames, stops, panels, reinforcement plates, hardware, anchors, and other items being fastened. H. Door Silencers (Mutes): Manufacturer's standard mohair or vinyl. I. Glazing Gaskets: Manufacturer's standard extruded or molded plastic, to accommodate 6-mm-thick glass. J. Glazing: As specified in Division 8 Section "Glass and Glazing." K. Hardware: As specified in Division 8 Section "Door Hardware." L. General: Comply with NAAMM's "Metal Finishes Manual for Architectural and Metal Products" for recommendations for applying and designating finishes. CITY OF PEARLAND PREFABRICATED INT.ALUMINUM FRAMES WESTSIDE LIBRARY 08121 -3 STOREFRONT EXPANSION WAG PROJECT NO. 14172 1. Class II, Clear Anodic Finish: AA-M12C22A31 (Mechanical Finish: nonspecular as fabricated; Chemical Finish: etched, medium matte; Anodic Coating: Architectural Class II, clear coating 0.010 mm or thicker) complying with AAMA 607.1. 2.3 FABRICATION: A. The required sizes for door frame units, and the profile requirements are shown on the Drawings. Verify conditions of related work prior to fabrication, including dimensions of openings and finished floor elevations. B. Fabricate frame connections in accordance with notes, schedules, and details, and as shown on accepted shop drawings. 1. Conceal fasteners in an accepted manner. 2. Provide recesses and reinforcements as necessary for butts, lock strikes, closers, brackets, and surface applied hardware. Prepare for hardware in accordance with hardware manufacturer's approved templates or the physical hardware. 3. Provide door stops with an accepted vinyl or wool pile sound stripping. PART 3 - EXECUTION 3.1 INSTALLATION: A. Install work in accordance with accepted shop drawings and details, plumb, level, and true, with proper alignment, and proper relationship to work of adjoining trades. B. Exposed surfaces shall be free from warp, wave, and buckle. Provide well formed mitered joints with faces of metal in contact having hairline joints. END OF SECTION CITY OF PEARLAND FLUSH WOOD DOORS WESTSIDE LIBRARY 08211 - 1 STORE FRONT EXPANSION WAG PROJECT NO. 14172 SECTION 08211 FLUSH WOOD DOORS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes furnishing and installing manufactured solid core flush wood doors of the types specified. Factory finishing flush wood doors. Factory fit doors to frames and premachine doors for hardware. 1.3 RELATED WORK A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.4 PERFORMANCE REQUIREMENTS A. Provide stiles and rails constructed of two-ply hardwood material providing minimum 1,000 lb. screw withdrawal resistance per ASTM D 143/NWWDA TM-10 (now published by WDMA) and minimum 200,000 slam cycles per ANSI A 151.1/NWWDA TM-7 (now published by WDMA) without failure. 1.5 SUBMITTALS A. Product Data: For each type of door indicated. Include details of core and edge construction, STC rating. Include factory-finishing specifications. B. Shop Drawings: Indicate location, size, and hand of each door; elevation of each kind of door; construction details not covered in Product Data; location and extent of hardware blocking; and other pertinent data. 1. Indicate dimensions and locations of mortises and holes for hardware. 2. Indicate doors to be factory finished and finish requirements. C. Samples for Initial Selection: For plastic laminate faced doors. D. Samples for Verification: 1. Plastic laminate, 6 inches (150 mm) square, for each color, texture, and pattern selected. 2. Corner sections of doors, approximately 8 by 10 inches (200 by 250 mm), with (1116N door faces and edges representing actual materials to be used. a. Provide samples for each species of solid lumber required. CITY OF PEARLAND FLUSH WOOD DOORS WESTSIDE LIBRARY 08211 - 2 STORE FRONT EXPANSION WAG PROJECT NO. 14172 E. Warranty: Sample of special warranty. 1.6 QUALITY ASSURANCE: A. Source Limitations: Obtain flush wood doors from single manufacturer. B. Quality Standard: In addition to requirements specified, comply with WDMA I.S.1-A, "Architectural Wood Flush Doors." 1.7 DELIVERY, STORAGE, AND HANDLING A. Comply with requirements of referenced standard and manufacturer's written instructions. B. Package doors individually in cardboard cartons and wrap bundles of doors in plastic sheeting. C. Mark each door on top and bottom rail with opening number used on Shop Drawings. 1.8 PROJECT CONDITIONS A. Environmental Limitations: Do not deliver or install doors until spaces are enclosed and weathertight, wet work in spaces is complete and dry, and HVAC system is operating and maintaining ambient temperature and humidity conditions at occupancy levels during the remainder of the construction period. 1.9 WARRANTY A. Special Warranty: Manufacturer's standard form in which Contractor and manufacturer agrees to repair or replace doors that fail in materials or workmanship within specified warranty period. 1. Failures include, but are not limited to, the following: a. Warping (bow, cup, or twist) more than 1/4 inch (6.4 mm) in a 42-by-84- inch (1067-by-2134-mm) section. b. Telegraphing of core construction in face veneers exceeding 0.01 inch in a 3-inch (0.25 mm in a 76.2-mm) span. 2. Warranty Period for Solid-Core Interior Doors: Life of installation. PART 2 - PRODUCTS 2.1 MANUFACTURER A. Manufacturers: Subject to compliance with requirements, provide products by one of the following 1. Algoma Hardwoods, Inc. 2. Eggers Industries. 3. Graham; an Assa Abloy Group company. CITY OF PEARLAND FLUSH WOOD DOORS WESTSIDE LIBRARY 08211 - 3 STORE FRONT EXPANSION WAG PROJECT NO. 14172 4. Marshfield Door Systems, Inc. 5. VT Industries Inc. 2.2 DOOR CONSTRUCTION, GENERAL A. WDMA I.S.1-A Performance Grade: 1. Heavy Duty, except as otherwise specified. B. Mineral-Core Doors: 1. Core: Noncombustible mineral product complying with requirements of referenced quality standard and testing and inspecting agency for fire-protection rating indicated. 2. Blocking: Provide composite blocking with improved screw-holding capability approved for use in doors of fire-protection ratings indicated as follows: a. 5-inch (125-mm) top-rail blocking. b. 5-inch (125-mm) midrail blocking, in doors indicated to have exit devices. 3. Edge Construction: At hinge stiles, provide laminated-edge construction with improved screw-holding capability and split resistance. Comply with specified requirements for exposed edges. 2.3 PLASTIC-LAMINATE-FACED DOORS A. Interior Solid-Core Doors: 1. Grade: Premium. 2. Plastic-Laminate Faces: High-pressure decorative laminates complying with NEMA LD 3, Grade HGS. 3. Colors, Patterns, and Finishes: NEMA LD-3, matte finish solid color(s) as selected by Architect from WilsonArt, Nevamar Company LLC, or Formica brand plastic laminates. 4. Exposed Vertical Edges: Hardwood edges for staining to match faces. 5. Core: Particleboard. 6. Construction: Five plies. Stiles and rails are bonded to core, then entire unit abrasive planed before faces and crossbands are applied. Faces are bonded to core using a hot press. 2.4 FABRICATION A. Factory fit doors to suit frame-opening sizes indicated. Comply with clearance requirements of referenced quality standard for fitting unless otherwise indicated. 1. Comply with requirements in NFPA 80 for fire-rated doors. B. Factory machine doors for hardware that is not surface applied. Locate hardware to comply with DHI-WDHS-3. Comply with final hardware schedules, door frame Shop (4111.6 Drawings, DHI A115-W series standards, and hardware templates. CITY OF PEARLAND FLUSH WOOD DOORS WESTSIDE LIBRARY 08211 - 4 STORE FRONT EXPANSION WAG PROJECT NO. 14172 1. Coordinate with hardware mortises in metal frames to verify dimensions and alignment before factory machining. 2.5 FACTORY FINISHING A. General: Comply with referenced quality standard for factory finishing. Complete fabrication, including fitting doors for openings and machining for hardware that is not surface applied, before finishing. 1. Finish faces, all four edges, edges of cutouts, and mortises. Stains and fillers may be omitted on top and bottom edges, edges of cutouts, and mortises. B. Finish doors at factory. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine doors and installed door frames before hanging doors. 1. Verify that frames comply with indicated requirements for type, size, location, and swing characteristics and have been installed with level heads and plumb jambs. 2. Reject doors with defects. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 INSTALLATION A. Hardware: For installation, see Section 08700— Finish Hardware. B. Installation Instructions: Install doors to comply with manufacturer's written instructions and the referenced quality standard, and as indicated. 1. Install fire-rated doors in corresponding fire-rated frames according to NFPA 80. C. Factory-Fitted Doors: Align in frames for uniform clearance at each edge. D. Factory-Finished Doors: Restore finish before installation if fitting or machining is required at Project site. 3.3 ADJUSTING A. Operation: Rehang or replace doors that do not swing or operate freely. B. Finished Doors: Replace doors that are damaged or that do not comply with requirements. Doors may be repaired or refinished if work complies with requirements and shows no evidence of repair or refinishing. END OF SECTION CITY OF PEARLAND ACCESS DOORS WESTSIDE LIBRARY 08305- 1 STORE FRONT EXPANSION WAG PROJECT NO. 14172 SECTION 08305 ACCESS DOORS PART 1 -GENERAL 1.1 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to work specified in this Section. 1.2 GENERAL DESCRIPTION OF THE WORK OF THIS SECTION: A. Work includes furnishing and installing access doors. 1.3 RELATED WORK OF OTHER SECTIONS: A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.4 QUALITY ASSURANCE: A. Fire-Rated Door Assemblies: Units that comply with NFPA 80, are identical to door and frame assemblies tested for fire-test-response characteristics per test method as indicated below, and are labeled and listed by UL, Warnock Hersey, or another testing and inspecting agency acceptable to authorities having jurisdiction. 1. Test Method for Vertical Installations: NFPA 252 or UL 10B. 2. Test Method for Horizontal Installations: ASTM E 119. B. Obtain Architect's acceptance of manufacturer's standard size units which may vary slightly from sizes indicated. C. Furnish inserts and anchoring devices which must be built into other work for the installation of access doors. Coordinate delivery with other work to avoid delay. 1.5 SUBMITTALS: A. Submit manufacturer's technical data, setting drawings, templates, and installation instructions for each type unit proposed for use on this Project. B. Furnish samples of the various type units proposed for use on this Project when and as requested by Architect. Acceptable samples will be returned and may be used in the work. PART 2 -PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS: A. Acceptable Manufacturers: M08305.MAS-5/N3 (7/01) CITY OF PEARLAND ACCESS DOORS WESTSIDE LIBRARY 08305-2 STORE FRONT EXPANSION WAG PROJECT NO. 14172 1. Karp Associates, Inc. 2. The Williams Brothers Corp. of America. 2.2 MATERIALS AND CONSTRUCTION: A. Furnish access door assemblies manufactured as an integral unit, complete with all parts and ready for installation. Fabricate units of continuous welded steel construction, unless otherwise indicated. Grind welds smooth and flush with adjacent surfaces. Furnish attachment devices and fasteners of the type required to secure access panels to the types of support shown. B. Fabricate frames from 16 gage steel, factory primed. 1. Fabricate frame with exposed flange approximately 1" wide for access doors located in the following construction: a. Drywall finish. b. Ceramic tile finish. C. Fabricate flush panel doors from not less than 14 gage sheet steel, with concealed spring hinges set to open to 175 deg. Finish with manufacturer's factory-applied prime paint. 1. Provide flush panel doors, unless otherwise indicated. 2. For fire-rated units, provide manufacturer's standard insulated flush panel doors. D. Provide flush, screwdriver-operated, cam type locks as required for panel size. PART 3 -EXECUTION 3.1 INSPECTION: A. Examine the areas and conditions under which access doors are to be installed and do not proceed with the work until unsatisfactory conditions have been corrected in an acceptable manner. 3.2 INSTALLATION: A. Coordinate installation with work of other trades and locate accurately. B. Comply with manufacturer's instructions for secure attachment, proper relation to adjacent finished surfaces, and proper operation. Adjust hardware and panels after installation for proper operation. C. Remove and replace panels or frames which are warped, bowed, or otherwise damaged. END OF SECTION M08305.MAS-5/N3 (7/01) CITY OF PEARLAND DOOR HARDWARE WESTSIDE LIBRARY 087111 - 1 STORE FRONT EXPANSION WAG PROJECT NO. 14172 SECTION 08 711 DOOR HARDWARE PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes furnishing and installing door hardware, thresholds, weatherstripping and seals. It is the hardware supplier's/bidder's responsibility to include in his bid a complete working solution at each opening shown on the plans and no additional change order requests will be accepted unless there is a change in the scope of work requested by the architect or owner. B. Related Sections include the following: 1. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other ($11111'\ Sections. 1.3 PERFORMANCE REQUIREMENTS A. Furnish and install each door hardware item to provide proper operation and required function of every unit without binding or failure. 1. Interior Door Opening Force: Adjust hardware operation at interior non-fire-rated doors to provide an opening force not greater than 5 lbs at a point 3" from latch, measured to leading edge of door. 2. Exterior and Fire Rated Door Opening Force: At exterior doors and fire-rated doors, adjust hardware opening force in small increments above the opening force required for interior non-fire-rated doors to close and latch the door. 3. Closer Sweep Adjustment: Adjust closer sweep period so that from a 70 degree open position, door will take at least 3 seconds to move to a point 3" from latch, measured to leading edge of door. 1.4 SUBMITTALS A. Submit manufacturer's technical product data for each item of hardware. Final Hardware Schedule Content: Based on hardware indicated on the Drawings, organize schedule into vertical format "hardware sets" indicating complete designations of every item required for each door or opening. Use specification heading numbers with any variations suffixed a, b, etc B. Coordinate hardware with doors, frames, and related work to ensure proper size thickness, hand, function, and finish of hardware. If requested by Architect, submit one sample of each (11.`\ type of exposed hardware unit, finished as required, and tagged with full description for coordination with schedule. Submit data and schedule at earliest possible date, particularly CITY OF PEARLAND DOOR HARDWARE WESTSIDE LIBRARY 087111 -2 STORE FRONT EXPANSION WAG PROJECT NO. 14172 where acceptance of schedule must precede fabrication of other work (e. g. hollow metal frames)that is critical to the Project construction schedule. 1. Type, style, function, size and finish of each hardware item. 2. Name and manufacturer of each item. 3. Fastenings and other pertinent information. 4. Hardware set location cross-referenced to both Drawing floor plan and door schedule indications. 5. Explanation of all abbreviations, symbols, and codes in schedule. 6. Mounting locations for hardware. 7. Door and frame sizes and materials. 8. Date of jobsite visit. (delete if new work) C. Coordinate keying instructions, and keying information. Deliver keys and key control box to Owner in person and obtain receipt(No Exceptions). D. LEED Submittals: Credit MR 4.1 and Credit MR 4.2: For products having recycled content, documentation indicating percentages by weight of postconsumer and preconsumer recycled content. Include statement indicating costs for each product having recycled content. Credit MR 5.1 and 5.2: List of proposed regional materials. Identify each regional material along with the location of its manufacture, processing and raw material source, and cost. 1.5 QUALITY ASSURANCE A. Supplier Qualifications: A recognized finish hardware supplier who has been furnishing hardware in the Project's vicinity for a period of not less than 2 years, and who is, or employs an experienced hardware consultant(AHC)who is available, at reasonable times during the course of the Work, for consultation about Project's hardware requirements, to Owner, Architect and Contractor. 1. Responsible for detailing, scheduling and ordering of finish hardware. Detailing implies that the submitted schedule of hardware is correct and complete for the intended function and performance of the openings. B. Coordination and Schedules: Hardware units and usage specified in Part 2 of this Section and scheduled on the Drawings establish quality, quantity, function and finish required for each door opening. Review, coordinate and confirm that hardware specified for each opening is the proper function. In case of controversy, make appropriate notations of proposed changes from specified requirements on supplier's hardware schedule and request written clarification from the Architect prior to proceeding. C. Hardware: Free of defects, blemishes and excessive play. Obtain each kind of hardware (latch and locksets, exit devices, hinges and closers)from one manufacturer. D. Fire-Rated Openings: Provide door hardware for fire rated openings that comply with NFPA Standards No. 80 and requirements of authorities having jurisdiction. Provide only items of door hardware that are listed and tested by UL or Warnock Hersey for given type/size opening and degree of label. Provide proper latching hardware, door closers, approved-bearing hinges and seals whether listed in the Hardware Schedule or not. All hardware shall comply with standards UBC 702 (1997) and UL 10C. 1. Where emergency exit devices are required on fire-rated doors (with supplementary marking on doors' UL labels indicating "Fire Door to be equipped with Fire Exit Hardware") provide UL label on exit devices indicating "Fire Exit Hardware". CITY OF PEARLAND DOOR HARDWARE WESTSIDE LIBRARY 087111 -3 STORE FRONT EXPANSION WAG PROJECT NO. 14172 1.6 PROJECT CONDITIONS AND COORDINATION: A. Where exact types of hardware specified are not adaptable to finished shape or size of members requiring hardware, provide suitable types having as nearly as practical the same operation and quality as type specified, subject to Architect's approval. B. Coordination: Coordinate hardware with other work. Furnish hardware items of proper design for use on doors and frames of the thickness, profile, swing, security and similar requirements indicated, as necessary for proper installation and function, regardless of omissions or conflicts in the information on the Contract Documents. Furnish related trades with the following information: 1. Location of embedded and attached items to concrete. 2. Location of wall-mounted hardware, including wall stops. 3. Location of finish floor materials and floor-mounted hardware. 4. Locations for conduit and raceways as needed for electrical, electronic and electro- pneumatic hardware items. Fire/life-safety system interfacing. Point-to-point wiring diagrams plus riser diagrams to related trades. 5. Manufacturer templates to door and frame fabricators. C. Check Shop Drawings for doors and entrances to confirm that adequate provisions will be made for proper hardware installation. Do not order hardware until the submittal has been reviewed by the frame and door suppliers for compatibility with their products. D. Prior to submittal, carefully inspect existing conditions at each opening to verify finish hardware required to complete Work, including sizes, quantities, existing hardware scheduled for re-use, and sill condition material. If conflict or incompatibility between the specified/scheduled hardware and existing conditions, submit request for direction from Architect. Include date of jobsite visit in the submittal. 1. Submittals prepared without thorough jobsite visit by qualified hardware expert will be rejected as non-compliant. 1.7 DELIVERY, STORAGE, AND HANDLING A. Tag each item or package separately with identification related to final hardware schedule, and include basic installation instructions with each item or package. B. Packaging of door hardware is the responsibility of supplier. As material is received by hardware supplier from various manufacturers, sort and repackage in containers clearly marked with appropriate hardware set number to match set numbers of approved hardware schedule. Two or more identical sets may be packed in same container. C. Inventory door hardware jointly with representatives of hardware supplier and hardware installer until each is satisfied that count is correct. D. Deliver individually packaged door hardware items promptly to place of installation (shop or Project site). E. Provide secure lock-up for door hardware delivered to the Project, but not yet installed. Control handling and installation of hardware items that are not immediately replaceable so that completion of the Work will not be delayed by hardware losses both before and after installation. (11.1'\ 1.8 WARRANTY CITY OF PEARLAND DOOR HARDWARE WESTSIDE LIBRARY 087111 -4 STORE FRONT EXPANSION WAG PROJECT NO. 14172 A. Special warranties: 1. Door Closers: Ten year period 2. Exit Devices: Three year period 3. Locks and Cylinders: Three year period 1.9 MAINTENANCE A. Maintenance Tools and Instructions: Furnish a complete set of specialized tools and maintenance instructions as needed for Owner's continued adjustment, maintenance, and removal and replacement of door hardware. B. Parts kits: Furnish manufacturer's standard parts kits for locksets, exit devices, and door closers. PART 2 -PRODUCTS 2.1 ENVIRONMENTALLY PREFERABLE PRODUCTS A. Provide environmentally preferable products (EPP) to the greatest extent possible. Provide products and materials that promote stewardship of the earth's resources, promote good indoor environmental quality, and promote efficiencies in operational performance. EPP's include products that have low VOC content, high recycled content, and are manufactured, fabricated, or extracted within 500 miles of the construction site.B. B. Provide an aggregate recycled content of not less than 35%for all hardware devices. 2.2 MANUFACTURERS A. General: Provide hardware manufactured to conform to published templates, generally prepared for machine screw installation. Do not provide hardware that has been prepared for self-tapping sheet metal screws. With each hardware item, furnish machine screws for installation into steel, and provide threaded to the head wood screws for installation into wood; all-purpose threads are not acceptable. Provide Phillips flat-head screws except as otherwise indicated. Finish exposed screws to match the hardware finish. Provide concealed fasteners for hardware units that are exposed when the door is closed, except to the extent no standard units of the type specified are available with concealed fasteners. Provide through bolts for closer installation. 2.3 HARDWARE UNITS AND USAGE A. Units specified below establish the design, grade, function, finish, size, and other qualities required for this Project. Provide the following hardware units in the quantities specified and locations indicated on the Door Schedule. Provide US 26D finish unless otherwise specified. Refer to Door Schedule on Drawings for door sizes, fire ratings, hardware function, exit devices, door closers, and other requirements at each door opening 1. Butt Hinges: Provide the following butt hinges produced by Ives, or equivalent butt hinges (111.b produced by, Hager, or Bommer, as approved. Provide 1-1/2 pair per door leaf up to 7'- i CITY OF PEARLAND DOOR HARDWARE WESTSIDE LIBRARY 087111 - 5 STORE FRONT EXPANSION WAG PROJECT NO. 14172 6" high and one additional per hingeleaf for each additional 2'- "9 6 of door height. Provide 5" hinge height for doors 3'-6"to 4'-0"wide and 6" hinge height for doors over 4'-0"wide. a. Out-Swinging Exterior Doors Except Storefront: Ives 5BBIHW 4.5 x 4.5 NRP x non-ferrous. b. In-swinging Exterior Doors: Ives 5BB1 HW 4.5 x 4.5 non-ferrous. c. Out-Swinging Interior High Frequency Doors: Ives 5BB1HW 4.5 x 4.5 x NRP. d. In-Swinging Interior High Frequency Doors: Ives 5BB1 HW 4.5 x 4.5 e. Out-Swinging Interior Average Frequency Doors: Ives 5BB1 4.5 x 4.5 NRP. f. In-Swinging Interior Average Frequency Doors: Ives 5BB1 4.5 x 4.5. 2. Door Closers:. Adjust closers to comply with ADA requirements. Provide type of arm recommended by closer manufacturer for door conditions (use, door hand and swing) indicated. a. Closers for fire-rated doors shall be provided with temperature stabilizing fluid that complies with standards UBC 7-2 (1997) and UL 10C. b. Door closer shall have fully hydraulic, full rack and pinion action. Closer shall have 1-1/2-inch in diameter piston. c. Hydraulic fluid shall be of a type requiring no seasonal closer adjustment for temperatures ranging from 120 degrees F to minus 30 degrees F. d. Spring power shall be continuously adjustable over the full range of closer sizes, and allow for reduced opening force for the physically handicapped. Closers shall have separate adjustment for latch speed, general speed, and back check. e. Provide powder coating certified to exceed 100 hours salt Spray testing by ETL, an independent testing laboratory used by BHMA for ANSI certification. f. Pressure relief valves are not accepted. g. Closers to be installed to allow door swing as shown on plans. Doors swinging into exit corridors shall provide for corridor clear width as required by code. Where possible, mount closers on room side of door. h. Door closers meeting this specification: Falcon SC60/80 Series or equal product by LCN. 3. Cylindrical Locks and latches: as scheduled, fastened with through-bolts and threaded chassis hubs. a. Chassis: Cold-rolled steel, handing field-changeable. b. Latch bolts: 1/2" inch projection. c. Lever Trim: Through-bolt, accessible design, cast lever or metal-filled wrought types as schedule. d. Strikes: 16 gauge curved steel, bronze or brass with 1" deep box construction, lips of sufficient length to clear trim and project clothing. e. Certifications: i. ANSI A156.2, Grade 2 ii. UL listed for 3-hour doors f. Approved Manufacturers: Falcon B Series x Dane Lever Design or equal product by Schlage. 4. Exit Devices: Provide the following at the locations shown on the Door Schedule: a. Exit Devices shall be touchpad type, fabricated of bronze, brass, stainless steel, or aluminum, plated to the standard architectural finishes to match the balance of the door hardware. b. Touchpad shall extend a minimum of one half of the door width. c. Exit devices shall be UL listed panic exit hardware. All exit devices for fire rated (111b..\ openings shall be UL labeled fire exit hardware. CITY OF PEARLAND DOOR HARDWARE WESTSIDE LIBRARY 087111 -6 STORE FRONT EXPANSION WAG PROJECT NO. 14172 (0. d. Lever trim for exit devices shall be vandal-resistant type, which will travel to a 90- degree down position when more than 35 pounds of torque are applied, and which can easily be re-set. e. Exit devices meeting this specification: Von Duprin 22 Series. 5. Stops, Flush Bolts, Dust Proof Strikes, & Silencers: Provide the following at locations designated; IVES, or equivalent by Trimco. a. Floor Stops: Ives FS436 b. Where a wall or floor stop cannot be used, provide an overhead stop. Acceptable products are as manufactured by Glynn-Johnson. Use a 100 series concealed overhead stop where appearance is a primary consideration or 450 series at interior and 90 series at exterior locations. c. Silencers: IVES SR 64; (3) per single leaf opening, (2) per double leaf opening. 6. Weather stripping, Seals and Thresholds: Provide the following at locations designated; National Guard Products or equivalent by Zero Weatherstripping. 2.4 KEYING REQUIREMENTS A. Key System Requirements: Initiate and conduct meeting(s) with Owner to determine. Furnish Owner's written approval of the system. 1. All locks shall be keyed to a new grand master key system. 2. All locks/cylinders to be construction masterkeyed. 3. Permanent keys: deliver only to Owner's representative. 4. Key Transcript(bitting list): Supply to Owner upon completion. 5. Mark permanent cylinders, cores and keys with applicable blind code for identification. These visual key control marks or codes shall not include actual key cuts. 6. Provide 5 of each cut Master key and higher level. 7. Provide 3 each cut key per lock. 8. Provide 2 each emergency over-ride master keys for locksets that use these. 9. Provide 10 each construction master keys. PART 3-EXECUTION 3.1 PREPARATION A. Mount hardware units at heights indicated in "Recommended Locations for Builders Hardware for Custom Steel Doors and Frames" by the Door and Hardware Institute, except as specifically indicated or required to comply with governing regulations and except as otherwise directed by Architect. Reinforce the attachment substrate for secure installation and adjust for proper operation. Provide clean, properly sized mortises and drilled holes for all mortised and surface applied finish hardware 3.2 INSTALLATION A. General: Install each hardware item in compliance with the manufacturer's instructions and recommendations. CITY OF PEARLAND DOOR HARDWARE WESTSIDE LIBRARY 087111 - 7 STORE FRONT EXPANSION WAG PROJECT NO. 14172 B. Do not install surface-mounted items until finishes have been completed on the substrate. Before painter's finish is applied, remove all finish hardware, except prime painted items. After finish coats are dry, permanently replace and readjust finish hardware for proper operation. C. Set units level, plumb, and true to line and location D. Cut and fit threshold and floor covers to profile of doorframes, with mitered corners and hairline joints. Join units with concealed welds or concealed mechanical joints. Cut smooth openings for bolts and similar items, if any. Screw thresholds to substrate with No. 10 or larger stainless steel screws 3.3 ADJUSTMENT A. Adjust and check each operating item of hardware and each door, to ensure proper operation or function of every unit. Replace units that cannot be adjusted and lubricated to operate freely and smoothly as intended for the application made. B. Six month hardware installation survey is to be performed by a certified "AHC" in the employ of the hardware supplier. 3.4 HARDWARE SCHEDULE: Refer to Drawings. END OF SECTION 08 71 00 CITY OF PEARLAND GLASS AND GLAZING WESTSIDE LIBRARY 08800 - 1 STOREFRONT EXPANSION WAG PROJECT NO. 14172 SECTION 08800 GLASS AND GLAZING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes furnishing and installing glass and glazing at the following locations indicated on the Drawings. 1. Vision lites in interior aluminum window frames and interior doors. 2. Unframed mirrors. 1.3 RELATED WORK A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.4 DEFINITIONS A. Manufacturer: A firm that produces primary glass or fabricated glass as defined in referenced glazing publications. 1.5 ACTION SUBMITTALS A. Product Data: For each glass product and glazing material indicated. B. Product Certificates: Signed by manufacturers of glass and glazing products certifying that products furnished comply with requirements. C. Warranties: Special warranties specified in this Section. 1.6 QUALITY ASSURANCE A. Safety Glazing Products: Comply with testing requirements in 16 CFR 1201 and, for wired glass, ANSI Z97.1. 1. Subject to compliance with requirements, obtain safety glazing products permanently marked with certification label of the Safety Glazing Certification Council or another certification agency or manufacturer acceptable to authorities having jurisdiction. I CITY OF PEARLAND GLASS AND GLAZING WESTSIDE LIBRARY 08800 - 2 STOREFRONT EXPANSION WAG PROJECT NO. 14172 2. Where glazing units, including Kind FT glass and laminated glass, are specified in Part 2 articles for glazing lites more than 9 sq. ft. (0.84 sq. m) in area, provide glazing products that comply with Category II materials, and for lites 9 sq. ft. (0.84 sq. m) or less in area, provide glazing products that comply with Category I or II materials. B. Glazing Publications: Comply with published recommendations of glass product manufacturers and organizations below, unless more stringent requirements are indicated. Refer to these publications for glazing terms not otherwise defined in this Section or in referenced standards. 1. GANA Publications: GANA Laminated Division's "Laminated Glass Design Guide" and GANA's "Glazing Manual." 2. AAMA Publications: AAMA GDSG-1, "Glass Design for Sloped Glazing," and AAMA TIR-A7, "Sloped Glazing Guidelines." 3. IGMA Publication for Sloped Glazing: IGMA TB-3001, "Sloped Glazing Guidelines." 4. IGMA Publication for Insulating Glass: SIGMA TM-3000, "Glazing Guidelines for Sealed Insulating Glass Units." 1.7 DELIVERY, STORAGE AND HANDLING rib\ A. Protect glazing materials according to manufacturer's written instructions and as needed to prevent damage to glass and glazing materials from condensation, temperature changes, direct exposure to sun, or other causes. B. For insulating-glass units that will be exposed to substantial altitude changes, comply with insulating-glass manufacturers written recommendations for venting and sealing to avoid hermetic seal ruptures. 1.8 PROJECT CONDITIONS A. Environmental Limitations: Do not proceed with glazing when ambient and substrate temperature conditions are outside limits permitted by glazing material manufacturers and when glazing channel substrates are wet from rain, frost, condensation, or other causes. 1.9 WARRANTY A. WARRANTY 1. Special Warranty: Manufacturer agrees to replace mirrors that deteriorate within specified warranty period. Deterioration of mirrors is defined as defects developed from normal use that are not attributed to mirror breakage or to maintaining and cleaning mirrors contrary to manufacturer's written instructions. Defects include discoloration, black spots, and clouding of the silver film. a. Warranty Period: Five years from date of Substantial Completion. PART 2 - PRODUCTS (1/11.16', 2.1 PRODUCTS AND MANUFACTURERS CITY OF PEARLAND GLASS AND GLAZING WESTSIDE LIBRARY 08800 - 3 STOREFRONT EXPANSION WAG PROJECT NO. 14172 A. Provide clear float glass required, produced by one of the following primary glass manufacturers. 1. AFG Industries, Inc., Kingsport, TN (800) 251-0441 2. Ford Glass Div., Allen Park, MI, (800) 521-6346. 3. Guardian Industries, Carleton, MI (800) 521-9040. 4. Pilkington Libbey-Owens-Ford, Toledo, OH (800) 526-6557. 5. PPG Industries, Inc., Pittsburgh, PA (800) 377-5267 B. Primary Float Glass Products: Provide lites of the following annealed primary glass types conforming to ASTM C 1036, including references to type, class, quality, and if applicable, form, finish, mesh and pattern. Provide heat strengthened or fully tempered glass complying with ASTM C 1048, including references to kind, condition, type, quality and class. Provide laminated glass complying with ASTM C 1172, including references to kind, condition, type, quality, and class. 1. Fully Tempered Clear Float Glass: Condition A, Type I, Class 1, Quality q3, Kind FT, minimum 6-mm (0.23-inch) thick. 2. Mirror Glass: ASTM C 1503, Mirror Glazing quality, clear annealed float glass, 6 mm (1/4-inch) thick, with 2 coats of chemically applied silver with electrolytic copper coating (0.0002" thick), followed by 2 protective coats of clear varnish or shellac applied to silvered and coppered surface and to all mirror edges, followed by final coat of mirror backing paint. 2.2 MISCELLANEOUS GLAZING MATERIALS A. Sealants, Tapes and Backup Materials: Provide sealants, tapes and backup materials of proven compatibility with other materials that they will contact, including glass products, seals of insulating glass units, and glazing channel substrates, under conditions of installation and service, as demonstrated by testing and field experience. Comply with sealant and glass manufacturer's recommendations for selecting glazing sealants and tapes that are suitable for applications indicated and conditions existing at time of installation. Provide the following chemical curing, elastomeric sealants of the base polymer and movement capability indicated. B. Mirror Mastic: Spot-application type, for 25% maximum coverage, 1/8" to 1/2" thickness; Palmer Mirro-Mastic, or equivalent approved by Architect. C. Mirror Clips: AISI Type 302/304 stainless steel angle clips at mirror top and bottom edges, with No. 8 mirror polished finish. D. Miscellaneous Glazing Materials: Provide products of material, size and shape complying with the referenced glazing standard, requirements of manufacturers of glass and other glazing materials involved for glazing application indicated, and with proven record of compatibility with surfaces contacted in installation. 1. Cleaners, Primers, and Sealers: Types recommended by sealant or gasket manufacturer. 2. Setting Blocks: Elastomeric material with a Shore A durometer hardness of 85, (1111 plus or minus 5. CITY OF PEARLAND GLASS AND GLAZING WESTSIDE LIBRARY 08800 - 4 STOREFRONT EXPANSION WAG PROJECT NO. 14172 3. Spacers: Elastomeric blocks or continuous extrusions with a Shore A durometer hardness required by glass manufacturer to maintain glass lites in place for installation indicated. 4. Edge Blocks: Elastomeric material of hardness needed to limit glass lateral movement (side walking). 2.3 FABRICATION OF GLASS AND OTHER GLAZING PRODUCTS A. Fabricate glass and other glazing products in sizes required to glaze openings indicated for Project, with edge and face clearances, edge and surface conditions, and bite complying with written instructions of product manufacturer and referenced glazing standard, to comply with system performance requirements. B. Sizes, Clearances, Bite and Tolerances: Fabricate glass to the sizes required for glazed openings indicated, with edge and face clearances, bite and tolerances complying with recommendations of glass manufacturer and the referenced glazing standard, to comply with performance requirements. PART 3 - EXECUTION 3.1 EXAMINATION C°111'`, A. Examine framing glazing, with Installer present, for compliance with the following: 1. Manufacturing and installation tolerances, including those for size, squareness, and offsets at corners. 2. Presence and functioning of weep system. 3. Minimum required face or edge clearances. 4. Effective sealing between joints of glass-framing members. B. Inspect each piece of glass immediately before installation, and remove lites that have observable edge damage or face imperfections from the Project Site. C. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 GLAZING PREPARATION A. Clean framing members to receive glass, immediately before glazing. Remove coatings that are not firmly bonded to the substrate. 3.3 GLAZING, GENERAL A. Comply with combined written instructions of manufacturers of glass, sealants, gaskets, and other glazing materials, unless more stringent requirements are indicated, including those in referenced glazing publications. B. Protect glass edges from damage during handling and installation. Remove damaged glass from Project site and legally dispose of off Project site. Damaged glass is glass with edge damage or other imperfections that, when installed, could weaken glass and impair performance and appearance. CITY OF PEARLAND GLASS AND GLAZING WESTSIDE LIBRARY 08800 - 5 111111bSTOREFRONT EXPANSION WAG PROJECT NO. 14172 C. Install setting blocks in sill rabbets, sized and located to comply with referenced glazing publications, unless otherwise required by glass manufacturer. Set blocks in thin course of compatible sealant suitable for heel bead. D. Apply primers to joint surfaces where required for adhesion of sealants, as determined by preconstruction sealant-substrate testing. E. Center glass lites in each opening. Provide edge blocking to comply with requirements of referenced glazing standard, except where otherwise required by glass unit manufacturer. F. Do not exceed edge pressures stipulated by glass manufacturers for installing glass lites. G. Provide spacers for glass lites where the length plus width is larger than 50 inches (1270 mm) as follows: 1. Locate spacers directly opposite each other on both inside and outside faces of glass. Install correct size and spacing to preserve required face clearances, unless gaskets and glazing tapes are used that have demonstrated ability to maintain required face clearances and to comply with system performance requirements. 2. Provide 1/8-inch (3-mm) minimum bite of spacers on glass and use thickness equal to sealant width. With glazing tape, use thickness slightly less than final compressed thickness of tape. H. Provide edge blocking where indicated or needed to prevent glass lites from moving sideways in glazing channel, as recommended in writing by glass manufacturer and according to requirements in referenced glazing publications. I. Set glass lites in each series with uniform pattern, draw, bow, and similar characteristics. 3.4 PROTECTION AND CLEANING A. Protect glass from contact with contaminating substances resulting from construction operations, including weld splatter. If, despite such protection, contaminating substances do come into contact with glass, remove them immediately as recommended by glass manufacturer. B. Remove and replace glass that is broken, chipped, cracked, abraded, or damaged in any way, including natural causes, accidents, and vandalism, during construction period. C. Wash glass on both exposed surfaces in each area of Project not more than four days before date scheduled for inspections that establish date of Substantial Completion. Wash glass as recommended by glass manufacturer. CITY OF PEARLAND GLASS AND GLAZING WESTSIDE LIBRARY 08800 — 6 lillib STOREFRONT EXPANSION WAG PROJECT NO. 14172 END OF SECTION 08800 CITY OF PEARLAND GYPSUM BOARD ASSEMBLIES WESTSIDE LIBRARY 09250 - 1 STORE FRONT EXPANSION WAG PROJECT NO. 14172 SECTION 09250 GYPSUM BOARD ASSEMBLIES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes furnishing and installing: 1. Screw type steel drywall framing systems. 2. Gypsum drywall board. 3. Gypsum drywall accessories. 4. Gypsum drywall finishing. 1.3 RELATED WORK A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.4 SUBMITTALS A. Product Data: Submit product data for each drywall material and accessory required, including specifications showing compliance with requirements. 1.5 QUALITY ASSURANCE A. Fire-Test-Response Characteristics: For gypsum board assemblies with fire-resistance ratings, provide materials and construction identical to those tested in assembly indicated according to ASTM E 119 by an independent testing and inspecting agency acceptable to authorities having jurisdiction. B. Sound Transmission Characteristics: For gypsum board assemblies with STC ratings, provide materials and construction identical to those tested in assembly indicated according to ASTM E 90 and classified according to ASTM E 413 by a qualified independent testing agency. 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver materials in original packages, containers, or bundles bearing brand name and identification of manufacturer or supplier. B. Store materials inside under cover and keep them dry and protected against damage from weather, direct sunlight, surface contamination, corrosion, construction traffic, and other causes. Stack gypsum panels flat to prevent sagging. 1.7 PROJECT CONDITIONS CITY OF PEARLAND GYPSUM BOARD ASSEMBLIES WESTSIDE LIBRARY 09250 - 2 STORE FRONT EXPANSION WAG PROJECT NO. 14172 A. Environmental Limitations: Comply with ASTM C 840 requirements or gypsum board manufacturer's written recommendations, whichever are more stringent. PART 2 - PRODUCTS 2.1 PRODUCTS AND MANUFACTURERS A. Subject to compliance with requirements, provide products of one of the following: 1. Metal Support Materials; a. Dale Industries, Inc., Dearborn, MI, (Tel) 313-846-9400. b. Dietrich Industries, Inc., Hutchins, TX., (Tel) 214-225-1100. c. Gold Bond Building Products Div., National Gypsum Co., Charlotte, NC, (Tel) 704-365-0950. d. Amico/Maverick Steel Corp., Ennis, TX, (Tel) 800-528-5344. e. Unimast, Inc., Mansfield, TX, (Tel) 817-473 9346. 2. Gypsum Board and Related Products: a. G-P Gypsum Products, Decatur, GA, (Tel) 404-987-5190. b. Gold Bond Building Products Div., National Gypsum Co., Charlotte, NC, (Tel) 704-365-0950. c. United States Gypsum Co., Chicago, IL, (Tel) 312-321-4000. 2.2 FRAMING AND SUPPORT SYSTEMS A. Screw Type Steel Studs and Runners: ASTM C 645, fabricated from minimum 0.0179" thick zinc coated steel in sizes indicated. Provide 1-1/2" x 1-1/2" angle runner at perimeter of ceiling suspension panels for support of drywall panel edge and extruded aluminum ceiling panel edge closure trim. 2.3 BOARD MATERIALS A. Gypsum Drywall Board: ASTM C 1396, Type X, 5/8-inch thick, unless otherwise shown. 1. Fire Rated (ASTM C 1396, Type X requirements) where required for construction shown. 2.4 MISCELLANEOUS MATERIALS, ACCESSORIES, AND TRIM A. Steel Drill Screws: ASTM C 1002, unless otherwise indicated. 1. Use screws complying with ASTM C 954 for fastening panels to steel members from 0.033- to 0.112-inch (0.84- to 2.84-mm) thick. B. Sound Attenuation Blankets: ASTM C 665, Type I (blankets without membrane facing) produced by combining thermosetting resins with mineral fibers manufactured from glass, slag wool, or rock wool. CITY OF PEARLAND GYPSUM BOARD ASSEMBLIES WESTSIDE LIBRARY 09250 - 3 STORE FRONT EXPANSION WAG PROJECT NO. 14172 1. Fire-Resistance-Rated Assemblies: Comply with mineral-fiber requirements of assembly. 2. Acceptable Products: US Gypsum "Thermafiber Sound Attenuation Blanket" or Owens-Corning "Sound Attenuation Batts," or Knauf "Unfaced Thermal and Acoustical Blanket." C. Acoustical Sealant: See Section 07 90 00 —Joint Sealants. D. Galvanized steel casing beads, corner beads, and other metal trim accessories as required. E. Joint Tape: ASTM C 475, plain or perforated. F. Interior Joint Compound: ASTM C 475 in two grades; one for bedding tape and filling depressions and one for topping and sanding. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine areas and substrates, with Installer present, and including welded hollow- metal frames, cast-in anchors, and structural framing, for compliance with requirements and other conditions affecting performance. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 INSTALLING STEEL FRAMING, GENERAL A. Installation Standards: ASTM C 754, and ASTM C 840 requirements that apply to framing installation, except as follows: 1. Partitions With Brittle Finishes: Use stud manufacturer's published limiting heights for construction and single span conditions with a limiting deflection of L/360 and uniform transverse load values as indicated on the Drawings. 2. Partitions Without Brittle Finishes, More Than 10'-0" High: Use stud manufacturer's published limiting heights for construction and single span conditions with a limiting deflection of L/240 and uniform transverse load values as indicated on the Drawings. 3. Do not bridge building expansion joints with support system. Frame both sides of joints with supports as indicated. 4. Install supplementary framing, blocking and bracing at terminations in the work and for support of fixtures, equipment services, heavy trim, grab bars, toilet accessories, furnishings, and similar work to comply with details indicated or if not otherwise indicated, to comply with applicable published recommendations of gypsum board manufacturer, or if not available, of "Gypsum Construction Handbook" published by US Gypsum Co. 5. Isolate stud system from transfer of structural loading to system, both horizontally and vertically. Provide slip or cushioned type joints to attain lateral support and avoid axial loading. 6. Install runner tracks at floors, ceilings, and structural walls and columns where gypsum drywall stud system abuts other work, except as otherwise indicated. 7. Terminate partition stud system at ceilings, except where indicated to be extended to structural support or substrate above. CITY OF PEARLAND GYPSUM BOARD ASSEMBLIES WESTSIDE LIBRARY 09250 -4 STORE FRONT EXPANSION WAG PROJECT NO. 14172 8. Space studs 16-inches on center, unless otherwise indicated. 9. Frame door openings to comply with details indicated. If not shown, comply with applicable published recommendations of gypsum board manufacturer or of "Gypsum Construction Handbook" published by U. S. Gypsum Co. Attach vertical studs at jambs with screws either directly to frames or to jamb anchor clips on door frames; install runner track section (for jack studs) at head and secure to jamb studs. 10. Frame openings other than door openings to comply with details indicated or if not indicated, in same manner as required for door openings; and install framing below sills of openings to match framing required above door heads. 3.3 APPLYING AND FINISHING PANELS, GENERAL A. Gypsum Board Application and Finishing Standards: ASTM C 840 and GA-216. B. Install sound attenuation blankets before installing gypsum panels, unless blankets are readily installed after panels have been installed on one side. C. Install gypsum panels with face side out. Butt panels together for a light contact at edges and ends with not more than 1/16-inch (1.5-mm) of open space between panels. Do not force into place. D. Locate edge and end joints over supports, except in ceiling applications where intermediate supports or gypsum board back-blocking is provided behind end joints. Do not place tapered edges against cut edges or ends. Stagger vertical joints on opposite sides of partitions. Do not make joints other than control joints at corners of framed openings. E. Attach gypsum panels to steel studs so leading edge or end of each panel is attached to open (unsupported) edges of stud flanges first. F. Attach gypsum panels to framing provided at openings and cutouts. G. Form control and expansion joints with space between edges of adjoining gypsum panels. H. Cover both faces of steel stud partition framing with gypsum panels in concealed spaces (above ceilings, etc.), except in chases braced internally. 1. Unless concealed application is indicated or required for sound, fire, air, or smoke ratings, coverage may be accomplished with scraps of not less than 8-sq. ft. (0.7-sq. m) in area. 2. Fit gypsum panels around ducts, pipes, and conduits. 3. Where partitions intersect open concrete coffers, concrete joists, and other structural members projecting below underside of floor/roof slabs and decks, cut gypsum panels to fit profile formed by coffers, joists, and other structural members; allow 1/4- to 3/8-inch- (6.4- to 9.5-mm-)wide joints to install sealant. 4. Isolate perimeter of non-load-bearing gypsum board partitions at structural abutments, except floors. Provide 1/4- to 1/2-inch- (6.4- to 12.7-mm-) wide spaces at these locations, and trim edges with U-bead edge trim where edges of gypsum panels are exposed. Seal joints between edges and abutting structural surfaces with acoustical sealant. CITY OF PEARLAND GYPSUM BOARD ASSEMBLIES WESTSIDE LIBRARY 09250 - 5 STORE FRONT EXPANSION WAG PROJECT NO. 14172 5. STC-Rated Assemblies: Seal construction at perimeters, behind control and expansion joints, and at openings and penetrations with a continuous bead of acoustical sealant. Install acoustical sealant at both faces of partitions at perimeters and through penetrations. Comply with ASTM C 919 and manufacturer's written recommendations for locating edge trim and closing off sound-flanking paths around or through gypsum board assemblies; including sealing partitions above acoustical ceilings. 6. Space fasteners in gypsum panels according to referenced gypsum board application and finishing standard and manufacturer's written recommendations. 3.4 SINGLE LAYER APPLICATION A. Partition/Walls: Apply gypsum board vertically with vertical joints located over supports, but offset at least one stud space on opposite faces of partition/walls. Use maximum practical length boards to minimize end joints. B. Wall Tile Base: Where drywall is base for thin-set ceramic tile and similar rigid applied wall finishes, install water resistant gypsum backing board. Space fasteners not more than 8-inches on center. 1. At toilet room wall areas, install water-resistant backing board units. Apply with uncut long edge at bottom of work. Shim-out water-resistant backing board at concealed areas to receive mirrors with 1/4-inch wallboard placed against stud an then cover with water-resistant backing board. Seal edges, cut- edges and penetrations of each piece with water-resistant adhesive or, where recommended by backing board manufacturer, with water-resistant joint compound. 3.5 DOUBLE LAYER APPLICATION A. Mechanically Fastened Layers: Fasten both layers to supports with screws. For base layer, do not exceed 24-inches on center spacing at edges and intermediate supports, and for face layer do not exceed 16-inches on center spacing along supports of non-fire rated construction. At fire rated construction, comply with requirements of fire rated design indicated. B. On walls, apply both layers vertically with vertical joints staggered on opposite side of partitions and offset not less than 12-inches between layers. 3.6 INSTALLATION OF DRYWALL TRIM AND ACCESSORIES, GENERAL A. Where feasible, use the same fasteners, to anchor trim accessory flanges as required to fasten gypsum board to the supports. Otherwise, fasten flanges by nailing or stapling in accordance with manufacturer's instructions and recommendations. 1. Install metal corner beads at external corners of drywall work. 2. Install metal edge trim whenever edge of gypsum board would otherwise be exposed or semi-exposed. Provide type with face flange to receive joint compound. Install L-type trim where work is tightly abutted to other work, and install special kerf-type where other work is kerfed to receive long leg of L-type trim. Install U-type trim where edge is exposed, revealed, gasketed, or sealant- filled (including expansion joints). Locate control joints (expansion joints) at the following locations and as indicated on the drawings: CITY OF PEARLAND GYPSUM BOARD ASSEMBLIES WESTSIDE LIBRARY 09250 - 6 STORE FRONT EXPANSION WAG PROJECT NO. 14172 a. Where a partition, furring, or column fireproofing abuts a structural element; b. Where a ceiling or soffit abuts a structural element, dissimilar wall or partition, or other vertical penetration; c. Where construction changes within the plane of the partition or ceiling; d. Where a partition or ceiling run exceeds 30 feet; e. Where ceiling dimensions exceed 50 feet in either direction with perimeter relief, or 30 feet without perimeter relief; f. Where wings of L-, U-, and T-shaped ceiling areas are joined. 3. Install extruded aluminum trim at locations indicated. Cope and miter joints for neat appearance without voids. 3.7 FINISHING GYPSUM BOARD ASSEMBLIES A. Apply treatment at gypsum board joints (both directions), flanges of trim accessories, penetrations, fastener heads, surface defects, and elsewhere as required to prepare work for decoration. Prefill open joints and rounded or beveled edges, if any, using type of compound recommended by manufacturer. B. Exposed Drywall to Receive Paint and Other Finishes (Except Tile): Apply joint compound in 3 coats (not including prefill of openings in base), and sand between last two coats and after last coat. C. Concealed Drywall: Omit third coat and sanding on concealed drywall work that is not indicated for drywall finishing or for which finishing is not required to achieve fire- resistance rating, sound rating or to act as air or smoke barrier. D. Provide the following levels of gypsum board finish per ASTM C 840 and GA-214: 1. Level 0: Gypsum board within unfinished areas; taping, floating and trim is not required. 2. Level 1: Gypsum board within ceiling plenum areas, concealed areas, unless a higher finish is required for fire resistance rated assemblies and sound rated assemblies. 3. Level 2: Gypsum board substrates to receive ceramic tile and similar solid finish materials. 4. Level 3: Gypsum board ceiling and wall surfaces specified to receive flat and satin paint or heavily textured wall coverings over non-textured surfaces. 5. Level 4: Gypsum board wall surfaces to receive flat or semi-gloss paint and light textured wall coverings. 6. Level 5: Gypsum board ceiling and wall surfaces specified to receive gloss paint and other reflective applied finishes over non-textured surfaces. Use at surfaces to receive Visual Display Surfaces. END OF SECTION CITY OF PEARLAND ACOUSTICAL CEILING SYSTEMS WESTSIDE LIBRARY 09510- 1 (0111`\ STORE FRONT EXPANSION WAG PROJECT NO. 14178 SECTION 09510 ACOUSTICAL CEILING SYSTEMS PART 1 -GENERAL 1.1 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to work specified in this Section. 1.2 GENERAL DESCRIPTION OF THE WORK OF THIS SECTION: A. Work includes furnishing and installing acoustical ceilings, suspension systems, and related work. 1.3 RELATED WORK OF OTHER SECTIONS: A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.4 SUBMITTALS A. General: Submit each item in this Article according to the Conditions of the Contract and Division 1 Specification Sections. B. Product data for each type of product specified. C. Coordination drawings for reflected ceiling plans drawn accurately to scale and coordinating penetrations and ceiling-mounted items. Show the following: 1. Ceiling suspension system members. 2. Method of attaching suspension system hangers to building structure. 3. Ceiling-mounted items including light fixtures; air outlets and inlets; speakers; sprinklers; and special moldings at walls, column penetrations, and other junctures of acoustical ceilings with adjoining construction. D. Qualification data for firms and persons specified in the "Quality Assurance" Article to demonstrate their capabilities and experience. Include lists of completed projects with project names and addresses, names and addresses of architects and owners, and other information specified. E. Product test reports from a qualified independent testing agency that are based on its testing of current products for compliance of acoustical ceilings and components with requirements. F. Research reports or evaluation reports of the model code organization acceptable to authorities having jurisdiction that show compliance of acoustical ceilings and components with the building code in effect for the Project. 1.5 QUALITY ASSURANCE CITY OF PEARLAND ACOUSTICAL CEILING SYSTEMS WESTSIDE LIBRARY 09510-2 STORE FRONT EXPANSION WAG PROJECT NO. 14178 A. Installer Qualifications: Engage an experienced Installer who has completed acoustical ceilings similar in material, design, and extent to that indicated for this Project and with a record of successful in-service performance. B. Single-Source Responsibility for Ceiling Units: Obtain each type of acoustical ceiling unit from a single source with resources to provide products of consistent quality in appearance and physical properties without delaying the Work. C. Single-Source Responsibility for Suspension System: Obtain each type of suspension system from a single source with resources to provide products of consistent quality in appearance and physical properties without delaying the Work. 1. Obtain both acoustical units and suspension system from the same manufacturer. 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver acoustical units and suspension system components to Project site in original, unopened packages and store them in a fully enclosed space where they will be protected against damage from moisture, direct sunlight, surface contamination, and other causes. B. Before installing acoustical units, permit them to reach room temperature and a stabilized moisture content. C. Handle acoustical units carefully to avoid chipping edges or damaging units in any way. 1.7 PROJECT CONDITIONS A. Space Enclosure and Environmental Limitations: Do not install acoustical ceilings until spaces are enclosed and weatherproof, wet-work in spaces is completed and dry, work above ceilings is complete, and ambient temperature and humidity conditions are being maintained at the levels indicated for Project when occupied for its intended use. 1.8 COORDINATION A. Coordinate layout and installation of acoustical units and suspension system components with other construction that penetrates ceilings or is supported by them, including light fixtures, HVAC equipment, fire-suppression system components (if any), and partition assemblies (if any). 1.9 EXTRA MATERIALS A. Furnish extra materials described below that match products installed, are packaged with protective covering for storage, and are identified with labels clearly describing contents. 1. Acoustical Ceiling Units: Furnish quantity of full-size units equal to 1.0 percent of amount installed. 2. Exposed Suspension System Components: Furnish quantity of each exposed component equal to 1.0 percent of amount installed. PART 2 -PRODUCTS CITY OF PEARLAND ACOUSTICAL CEILING SYSTEMS WESTSIDE LIBRARY 09510-3 STORE FRONT EXPANSION WAG PROJECT NO. 14178 2.1 SUSPENSION SYSTEM MATERIALS AND COMPONENTS: A. Provide metal suspension systems of type, structural classification and finish indicated which comply with applicable ASTM C 635 requirements. B. Provide manufacturer's standard factory-applied finish for type of system indicated. For exposed suspension members and accessories with painted finish, provide color indicated or, if not otherwise indicated, as selected by Architect from manufacturer's full range of standard colors. C. Size attachment devices for 5 times design load indicated in ASTM C 635, Table 1, Direct Hung. D. Provide concrete inserts formed from hot-dipped galvanized sheet steel and designed for attachment to concrete forms and for embedment in concrete, with holes or loops for attachment at hanger wires. E. Provide galvanized carbon steel hanger wire, ASTM A 641, soft temper, prestretched, Class 1 coating, sized so that stress at 3 times hanger design load (ASTM C 635, Table 1, Direct Hung), will be less than yield stress of wire, but provide not less than 12 gage (0.106" diameter wire). 1. Hanger Rods: Mild steel, zinc coated, or protected with rust-inhibitive paint. 2. Flat Hangers: Mild steel, zinc coated, or protected with rust-inhibitive paint. 3. Angle Hangers: Angles with legs not less than 7/8 inch (22 mm) wide; formed with 0.04-inch- (1-mm-) thick, galvanized steel sheet complying with ASTM A 653/A 653M, G90 (Z275) coating designation; with bolted connections and 5/16-inch- (8-mm-) diameter bolts. F. Sheet-Metal Edge Moldings and Trim: Type and profile indicated or, if not indicated, manufacturer's standard moldings for edges and penetrations that fit acoustical panel edge details and suspension systems indicated; formed from sheet metal of same material and finish as that used for exposed flanges of suspension system runners. 1. For lay-in panels with reveal edge details, provide stepped edge molding that forms reveal of same depth and width as that formed between edge of panel and flange at exposed suspension member. 2.2 EXPOSED GRID SYSTEM: A. Provide double web main and cross runners, 1-1/2" deep nominally, with painted aluminum cap. B. For direct hung system, provide "intermediate duty" structural classification per ASTM C 635. C. For exposed grid system: Shall match existing. 2.3 ACOUSTIC UNIT MATERIALS: CITY OF PEARLAND ACOUSTICAL CEILING SYSTEMS WESTSIDE LIBRARY 09510-4 STORE FRONT EXPANSION WAG PROJECT NO. 14178 A. Provide units of configuration indicated which are prepared for mounting method designated and which comply with ASTM E 1264 requirements, including those indicated by reference to type, pattern, acoustic ratings, light reflectance coefficient (LR), edge detail, and joint detail (if any). 1. Mounting Method for Measuring Noise Reduction Coefficient (NRC): Type E-400 (plenum mounting in which face of test specimen is 15-3/4 inches away from the test surface) per ASTM E 795. B. Provide lay-in acoustic panels, where indicated, to match existing. PART 3 -EXECUTION 3.1 EXAMINATION A. Examine substrates and structural framing to which acoustical panel ceilings attach or abut, with Installer present, for compliance with requirements specified in this and other Sections that affect ceiling installation and anchorage, and other conditions affecting performance of acoustical panel ceilings. 1. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Coordination: Furnish layouts for cast-in-place anchors, clips, and other ceiling anchors whose installation is specified in other Sections. 1. Furnish cast-in-place anchors and similar devices to other trades for installation well in advance of time needed for coordinating other work. B. Measure each ceiling area and establish layout of acoustical panels to balance border widths at opposite edges of each ceiling. Avoid using less-than-half-width panels at borders, and comply with layout shown on reflected ceiling plans. 3.3 INSTALLATION A. General: Install acoustical panel ceilings to comply with publications referenced below per manufacturer's written instructions and CISCA's "Ceiling Systems Handbook." 1. Standard for Ceiling Suspension System Installations: Comply with ASTM C 636. B. Suspend ceiling hangers from building's structural members and as follows: 1. Install hangers plumb and free from contact with insulation or other objects within ceiling plenum that are not part of supporting structure or of ceiling suspension system. 2. Splay hangers only where required to miss obstructions; offset resulting horizontal forces by bracing, countersplaying, or other equally effective means. 3. Splay hangers only where required and, if permitted with fire-resistance-rated ceilings, to miss obstructions; offset resulting horizontal forces by bracing, countersplaying, or other equally effective means. 4. Where width of ducts and other construction within ceiling plenum produces hanger CITY OF PEARLAND ACOUSTICAL CEILING SYSTEMS WESTSIDE LIBRARY 09510-5 STORE FRONT EXPANSION WAG PROJECT NO. 14178 spacings that interfere with location of hangers at spacings required to support standard suspension system members, install supplemental suspension members and hangers in form of trapezes or equivalent devices. Size supplemental suspension members and hangers to support ceiling loads within performance limits established by referenced standards and publications. 5. Secure wire hangers to ceiling suspension members and to supports above with a minimum of three tight turns. Connect hangers directly either to structures or to inserts, eye screws, or other devices that are secure; that are appropriate for substrate; and that will not deteriorate or otherwise fail due to age, corrosion, or elevated temperatures. 6. Secure flat, angle, channel, and rod hangers to structure, including intermediate framing members, by attaching to inserts, eye screws, or other devices that are secure and appropriate for both structure to which hangers are attached and type of hanger involved. Install hangers in a manner that will not cause them to deteriorate or fail due to age, corrosion, or elevated temperatures. 7. Do not support ceilings directly from permanent metal forms or floor deck. Fasten hangers to cast-in-place hanger inserts, powder-actuated fasteners, or drilled-in anchors that extend through forms into concrete. 8. Do not attach hangers to steel deck tabs. 9. Do not attach hangers to steel roof deck. Attach hangers to structural members. 10. Space hangers not more than 48 inches (1200 mm) o.c. along each member supported directly from hangers, unless otherwise indicated; and provide hangers not more than 8 inches (200 mm)from ends of each member. C. Secure bracing wires to ceiling suspension members and to supports with a minimum of four tight turns. Suspend bracing from building's structural members as required for hangers, without attaching to permanent metal forms, steel deck, or steel deck tabs. Fasten bracing wires into concrete with cast-in-place or postinstalled anchors. D. Install edge moldings and trim of type indicated at perimeter of acoustical ceiling area and where necessary to conceal edges of acoustical panels. 1. Apply acoustical sealant in a continuous ribbon concealed on back of vertical legs of moldings before they are installed. 2. Screw attach moldings to substrate at intervals not more than 16 inches (400 mm) o.c. and not more than 3 inches (75 mm) from ends, leveling with ceiling suspension system to a tolerance of 1/8 inch in 12 feet (3 mm in 3.6 m). Miter corners accurately and connect securely. 3. Do not use exposed fasteners, including pop rivets, on moldings and trim. E. Install suspension system runners so they are square and securely interlocked with one another. Remove and replace dented, bent, or kinked members. F. Install acoustical panels with undamaged edges and fitted accurately into suspension system runners and edge moldings. Scribe and cut panels at borders and penetrations to provide a neat, precise fit. 1. Protect lighting fixtures and air ducts to comply with requirements indicated for fire- resistance-rated assembly. 3.4 CLEANING CITY OF PEARLAND ACOUSTICAL CEILING SYSTEMS WESTSIDE LIBRARY 09510-6 (11111 STORE FRONT EXPANSION WAG PROJECT NO. 14178 A. Clean exposed surfaces of acoustical panel ceilings, including trim, edge moldings, and suspension system members. Comply with manufacturer's written instructions for cleaning and touchup of minor finish damage. Remove and replace ceiling components that cannot be successfully cleaned and repaired to permanently eliminate evidence of damage. END OF SECTION 09510 CITY OF PEARLAND RESILIENT FLOOR TILE WESTSIDE.LIBRARY 09651 - 1 ® STORE FRONT EXPANSION WAG PROJECT NO. 14178 ( \ SECTION 09651 RESILIENT FLOOR TILE PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to work specified in this Section. 1.2 GENERAL DESCRIPTION OF THE WORK OF THIS SECTION A. Work includes furnishing and installing resilient flooring, base, accessories, and related work. 1.3 RELATED WORK OF OTHER SECTIONS A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.4 SUBMITTALS A. Submit copies of manufacturer's specifications and installation instructions for each type of resilient flooring and accessory required. B. Submit samples of each type, color, and finish of resilient flooring and accessory required. Provide 12"square samples of flooring and 6" long samples of accessories. Include full range of flooring color and pattern variation. C. Submit copies of manufacturer's written instructions for recommended maintenance practices for each type of resilient flooring and accessory. 1.5 JOB CONDITIONS A. Continuously heat areas to receive flooring to 70 deg F for at least 48 hours prior to installation, when Project conditions are such that heating is required. Maintain 70 deg F temperature continuously during and after installation as recommended by flooring manufacturer, but for not less than 48 hours. 1.6 QUALITY ASSURANCE A. Fire-Test-Response Characteristics: Provide products identical to those tested for fire-exposure behavior per test method indicated by a testing and inspecting agency acceptable to authorities having jurisdiction. 1.7 EXTRA MATERIALS A. Furnish extra materials described below that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. 1. Furnish not less than 5% for each color, pattern and type of resilient flooring installed, and not less than 5% of each base and accessory for each color and type installed. PART 2-PRODUCTS CITY OF PEARLAND RESILIENT FLOOR TILE WESTSIDE LIBRARY 09651 -2 (41111 STORE FRONT EXPANSION WAG PROJECT NO. 14178 2.1 MATERIALS: A. Vinyl Composition Tile: Provide vinyl composition tile complying with ASTM F 1066, Class 1 or 2 as selected by Architect,wearing surface smooth, and as follows: 1. Size: 12"x 12". 2. Thickness: 1/8". 3. Refer to Drawings for resilient floor tile types and colors. B. Base: Provide rubber base complying with ASTM F 1861, Type TS, Group I, vulcanized rubber, with matching end stops and acceptable preformed or molded corner units, as follows: 1. Size:2-1/2"high. 2. Thickness: 1/8"gage. 3. Style: a. Standard top-set cove at resilient flooring. b. Straight base without cove at carpeted areas. 4. Color as selected by Architect from manufacturer's standard color line. C. Provide resilient edge strips, 1/8" thick, homogenous vinyl or rubber composition, tapered or bullnose edge, color to match flooring, or as selected by Architect from standard colors available; not less than (11/116.) 1"wide. D. Provide rubber stair treads, Roppe Corp., molded rubber square nosed Type 80 "Rib"design, of sizes indicated,with matching risers, and landing mats, in color as selected by Architect from manufacturer's standard color line. F. Adhesives (Cements): Waterproof, stabilized type as recommended by flooring manufacturer. Asphalt emulsions and other non-waterproof types not acceptable. E. Concrete Slab Primer: Non-staining type as recommended by flooring manufacturer. PART 3-EXECUTION 3.1 INSPECTION: A. Examine the areas and conditions under which resilient flooring and accessories are to be installed and do not proceed with the work until unsatisfactory conditions have been corrected in an acceptable manner. B. Concrete Subfloors: Verify that concrete slabs comply with ASTM F 710 and the following: 1. Verify that substrates are dry and free of curing compounds, sealers, and hardeners. 2. Remove substrate coatings and other substances that are incompatible with adhesives and that contain soap, wax, oil, or silicone, using mechanical methods recommended by floor tile manufacturer. Do not use solvents. 3. Alkalinity and Adhesion Testing: Perform tests recommended by floor tile manufacturer. Proceed with installation only after substrate alkalinity falls within range on pH scale recommended by manufacturer in writing, but not less than 5 or more than 9 pH. CITY OF PEARLAND RESILIENT FLOOR TILE WESTSIDE LIBRARY 09651 -3 STORE FRONT EXPANSION WAG PROJECT NO. 14178 4. Moisture Testing: Proceed with installation only after substrates pass testing according to floor tile manufacturer's written recommendations, but not less stringent than the following: a. Perform anhydrous calcium chloride test according to ASTM F 1869. Proceed with installation only after substrates have maximum moisture-vapor-emission rate of 3 lb of water/1000 sq. ft. in 24 hours. b. Perform relative humidity test using in situ probes according to ASTM F 2170. Proceed with installation only after substrates have a maximum 75 percent relative humidity level. 5. Subfloors are free of cracks, ridges, depressions, scale, and foreign deposits of any kind. C. Do not proceed with installation until unsatisfactory conditions have been corrected. 3.2 PREPARATION: A. Prior to laying flooring, vacuum-sand concrete floor surfaces to be covered and inspect subfloor. Start of flooring installation will indicate acceptance of subfloor conditions and full responsibility for completed resilient flooring work. B. Apply concrete slab primer, as recommended by flooring manufacturer, prior to application of �` adhesive. 3.3 INSTALLATION: A. Install flooring after finishing operations, including painting, have been completed and permanent heating system is operating. Moisture content of concrete slabs, building air-temperature, and relative humidity shall be within limits recommended by flooring manufacturer. 1. Place flooring with adhesive cement in strict compliance with flooring and adhesive manufacturer's recommendations. Butt tightly to vertical surfaces, thresholds, nosings, and edgings. Scribe as necessary around obstructions, and to produce neat joints, laid tight, even, and straight. Extend flooring into toe spaces,door reveals, and into closets and similar openings. 2. Tightly cement flooring to subbase without open cracks, voids, raising, and puckering at joints, telegraphing of adhesive spreader marks, or other surface imperfections. B. Lay tile from center marks established with principal walls, discounting minor offsets, so that tile at opposite edges of the room are equal width. Adjust as necessary to avoid use of cut widths less than 3"wide at room perimeters. Lay tile square to room axis, unless otherwise directed. 1. Match tiles for color and pattern by using tile from cartons in same sequence as manufactured and packaged. Cut tile neatly to and around all fixtures. Broken, cracked, chipped, or deformed tile will not be acceptable. 2. Lay tile with grain in tile running in direction as directed by Architect. C. Apply resilient base to walls, columns, pilasters, casework, and other permanent fixtures in rooms and areas where base is required. Install base in as long lengths as practicable, with corner units fabricated from base material with mitered or coped intersections. Tightly bond base to backing throughout the length of each piece,with continuous contact at horizontal and vertical surfaces. 1. On masonry surfaces, and similar irregular surfaces, fill voids along top edge of resilient wall base with manufacturer's recommended adhesive filler material. 2. Place resilient edge strips tightly butted to flooring and secure with adhesive. Install edging strips CITY OF PEARLAND RESILIENT FLOOR TILE WESTSIDE LIBRARY 09651 -4 STORE FRONT EXPANSION WAG PROJECT NO. 14178 to all unprotected edges of flooring, unless otherwise shown. 3.4 CLEANING AND PROTECTION: A. Remove excess adhesive and other surface blemishes, using types of cleaners as recommended by flooring manufacturer. Protect installed flooring from damage by covering with acceptable coverings. B. Just prior to final inspection of the Work, thoroughly clean floors and accessories and apply type of wax and buff as recommended in resilient flooring manufacturer's printed instructions for proper care and finishing of resilient flooring furnished. END OF SECTION 09651 CITY OF PEARLAND CARPET TILE WESTSIDE LIBRARY 09681 - 1 (111111 STOREFRONT EXPANSION WAG PROJECT NO. 14178 SECTION 09681 CARPET TILE PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes furnishing and installing carpet tile and accessories. 1.3 RELATED WORK A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.4 SUBMITTALS A. Product Data: Submit product data for each carpet material and accessory required, (1111116‘ including specifications showing compliance with requirements. B. Shop Drawings: Submit seaming diagrams for the entire work. Indicate dimensions of all spaces indicated to receive carpet, direction of lay of carpet, and location of all seams. C. Samples: Prior to placing orders for carpet, submit samples not less than 12-inch square of each different type of carpet and not less than 12-inch long of each different type of accessory as requested by Architect. D. Attic Stock Material: Furnish minimum 2% of each type of carpet required in carpet manufacturer's unopened wrapping. Carpet trimmings and scraps are not acceptable to fulfill this requirement. 1.5 QUALITY ASSURANCE A. Installer Qualifications: A firm with not less than 5-years successful experience in carpet installations similar in size and type to carpeting work required for this project. B. Field Measurements: Measure each space to receive carpeting, as a basis for supplying, and cutting the carpet. Do not scale the Architect's drawings or calculate sizes from indicated dimensions. 1.6 DELIVERY, STORAGE AND HANDLING A. Deliver materials in original protective packaging with mill register numbers and tags attached. B. Store inside, in well ventilated area, protected from water, moisture and soiling. CITY OF PEARLAND CARPET TILE WESTSIDE LIBRARY 09681 - 2 STOREFRONT EXPANSION WAG PROJECT NO. 14178 1.7 SEQUENCING AND SCHEDULING A. Sequence and schedule carpeting with other work to minimize the possibility of damage and soiling of carpet during the remainder of the construction period. PART 2 - PRODUCT 2.1 PRODUCTS AND MANUFACTURER A. Carpet Tile Types: Refer to Drawings for carpet tile types. B. Adhesive: Provide low chemical emission, release type, water-resistant adhesives, and substrate sealers recommended by the carpet manufacturer in writing for the substrates and installation conditions required for this Project. C. Accessories: Provide Mercer "Royal Commercial C/E" No. 101 carpet bar and "Imperial Reducer" No. 101 vinyl reducing strip, or approved equivalent. D. Self-Leveling Concrete Underlayment: Provide SikaTop 111 Plus two component polymer modified fast setting screed mortar or Ardex SD-T. PART 3 - EXECUTION (if/b.\ 3.1 EXAMINATION A. Examine areas and conditions under which flooring and accessories are to be installed and do not proceed with work until unsatisfactory conditions have been corrected in an acceptable manner. B. Confirm that concrete has cured a minimum of 60-days prior to scheduling installation of flooring and that no rain or water from all sources has been allowed to stand on concrete floor areas scheduled to receive flooring materials for a minimum of 30-day prior to flooring installation. C. Moisture Vapor Emission Tests: Test each 1,000-sq. ft. (92.9-m2) of flooring substrate, or portion thereof, with an anhydrous calcium chloride test kit equivalent to the Vaprecision Test Kit produced by Vaprecision Professional Vapor Emission Testing Systems, Newport Beach, CA (Tel) 800-449-6194. 1. Conduct tests for a minimum of 72 hours in accordance with the test kit manufacturers printed instructions. 2. An emission rate of less than 3.0-Ib./1,000 sq. ft. (14.6-kg/m2) in 24 hours indicates that substrate is acceptable for flooring installation. 3. If emission rates are 3.0-Ib./1,000 sq. ft. (14.6-kg/m2) in 24 hours or greater anywhere in the area tested, submit a written test report to Architect and Owner within 24 hours, indicating the type of test kit used and the test results at each location tested. CITY OF PEARLAND CARPET TILE WESTSIDE LIBRARY 09681 - 3 STOREFRONT EXPANSION WAG PROJECT NO. 14178 4. In addition, submit a proposal to furnish and install a vapor emission control penetrant system, or a vapor emission control coating system, or a vapor emission control dispersal membrane system as dictated by test results and produced by Floor Seal Technology, Inc., San Jose, CA (Tel) 800-572-2344, or one of the appropriate "VaprStop" fast-cure epoxy concrete water vapor sealer system produced by DuPont Flooring Systems, Kennesaw, GA (Tel) 800-438- 7668, or www.dupontcommercial.com. D. pH Tests: Two days prior to scheduled flooring installation date, test each 1,000-sq. ft. (92.9-m2) of flooring substrate, or portion thereof to determine the pH of concrete substrates to receive flooring has a pH of about 9.0 in accordance with ASTM F 710. 1. Confirm that tests of pH levels are within limits permitted by flooring adhesive manufacturer prior to installation of flooring. 2. Do not grind, shot blast, or perform similar operations that will remove the top surface of cured concrete substrates scheduled to receive flooring unless specifically recommended by the flooring adhesive manufacturer in writing to correct a specific concrete substrate deficiency. 3.2 PREPARATION A. General: Comply with CRI 104, Section 6.2, "Site Conditions; Floor Preparation," and carpet tile manufacturer's written installation instructions for preparing substrates indicated to receive carpet tile installation. B. Use trowelable leveling and patching compounds, according to manufacturer's written instructions, to fill cracks, holes, and depressions in substrates. C. Remove coatings, including curing compounds, and other substances that are incompatible with adhesives and that contain soap, wax, oil, or silicone, without using solvents. Use mechanical methods recommended in writing by carpet tile manufacturer. D. Broom and vacuum clean substrates to be covered immediately before installing carpet tile. After cleaning, examine substrates for moisture, alkaline salts, carbonation, or dust. Proceed with installation only after unsatisfactory conditions have been corrected. 3.3 INSTALLATION A. General: Comply with CRI 104, Section 13, "Carpet Modules (Tiles)." B. Installation Method: Glue-down; install every tile with releasable adhesive. C. Cut and fit carpet tile to butt tightly to vertical surfaces, permanent fixtures, and built-in furniture including cabinets, pipes, outlets, edgings, thresholds, and nosings. Bind or seal cut edges as recommended by carpet tile manufacturer. D. Extend carpet tile into toe spaces, door reveals, closets, open-bottomed obstructions, removable flanges, alcoves, and similar openings. CITY OF PEARLAND CARPET TILE WESTSIDE LIBRARY 09681 - 4 STOREFRONT EXPANSION WAG PROJECT NO. 14178 E. Maintain reference markers, holes, and-openings that are in place or marked for future cutting by repeating on finish flooring as marked on subfloor. Use nonpermanent, nonstaining marking device. F. Install carpet tiles in' turn pattern as approved by Architect. 3.4 CLEANING AND PROTECTION A. Perform the following operations immediately after installing carpet tile: 1. Remove excess adhesive, seam sealer, and other surface blemishes using cleaner recommended by carpet tile manufacturer. 2. Remove yarns that protrude from carpet tile surface. 3. Vacuum carpet tile using commercial machine with face-beater element. B. Protect installed carpet tile to comply with CRI 104, Section 15, "Protection of Indoor Installations." C. Protect carpet tile against damage from construction operations and placement of equipment and fixtures during the remainder of construction period. Use protection methods indicated or recommended in writing by carpet tile manufacturer. \ ' END OF SECTION CITY OF PEARLAND PAINTING WESTSIDE LIBRARY 09900- 1 \ STORE FRONT EXPANSION WAG PROJECT NO. 14178 SECTION 09900 PAINTING PART 1 -GENERAL 1.1 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to work specified in this Section. 1.2 GENERAL DESCRIPTION OF THE WORK OF THIS SECTION: A. Work includes painting and finishing of interior exposed items and surfaces throughout the Project, except as otherwise indicated. Surface preparation, priming, and coats of paint specified are in addi- tion to shop-priming and surface treatment specified under other Sections of Work. B. Work also includes field painting of all bare and covered pipes and ducts exposed to view (including color coding), and of hangers, exposed steel and iron work, and primed metal surfaces of equipment installed under mechanical and electrical work, except as otherwise specified. C. "Paint" as used herein means all coating systems materials, including primers, emulsions, enamels, stains, sealers and fillers, and other applied materials whether used as prime, intermediate, or finish coats. 1. "Substrate" as used herein means the surface to which paint is to be applied. In the case of existing previously painted surfaces, substrate means the surface to which the existing paint was applied. D. Except where natural finish of material is specifically noted as a surface not to be painted, paint exposed surfaces whether or not colors are designated in "schedules". Where items or surfaces are not specifically mentioned, paint the same as similar adjacent materials or areas. If color or finish is not designated,Architect will select these from standard and custom colors or finishes available. E. Following categories of work are not included as part of field applied painting finish work. 1. Pre-Finished Items: Unless otherwise indicated, do not include painting when factory-finishing or installer-finishing is specified for such items as (but not limited to) metal toilet enclosures, acoustic materials, architectural woodwork and casework, elevator equipment (excluding entrances), finished mechanical and electrical equipment including light fixtures, switchgear and distribution cabinets, and similar elements of the Work. 2. Concealed Surfaces: Unless otherwise indicated, painting is not required on surfaces such as walls or ceilings in concealed areas and inaccessible areas such as foundation spaces, furred areas, pipe spaces, duct shafts, and elevator shafts. 3. Finished Metal Surfaces: Unless otherwise indicated, metal surfaces of anodized aluminum, stainless steel, chromium plate, copper, bronze, and similar finished materials will not require finish painting. 4. Operating Parts: Do not paint moving parts of operating units, mechanical and electrical parts, such as valve and damper operators, linkages, sinkages, sensing devices, motor and fan shafts, and sprinkler heads, unless otherwise specified. 5. Do not paint over code-required labels, such as Underwriters Laboratories and Factory Mutual, or equipment identification, performance rating, name, or nomenclature plates. 1.3 DEFINITIONS CITY OF PEARLAND PAINTING WESTSIDE LIBRARY 09900 -2 STORE FRONT EXPANSION WAG PROJECT NO. 14178 A. General: Standard coating terms defined in ASTM D 16 apply to this Section. 1. Flat refers to a lusterless or matte finish with a gloss range below 15 when measured at an 85- degree meter. 2. Eggshell refers to low-sheen finish with a gloss range between 5 and 20 when measured at a 60- degree meter. 3. Satin refers to low-sheen finish with a gloss range between 15 and 35 when measured at a 60- degree meter. 4. Semigloss refers to medium-sheen finish with a gloss range between 30 and 65 when measured at a 60-degree meter. 5. Full gloss refers to high-sheen finish with a gloss range more than 65 when measured at a 60- degree meter. 1.4 RELATED WORK OF OTHER SECTIONS: A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.5 QUALITY ASSURANCE: A. For each finish system, provide primers and other undercoat material produced by same manufacturer as finish coats. Use only thinners approved by coating manufacturer, and use only within recommended limits. B. Review other Sections of these Specifications in which prime paints are to be provided to ensure compatibility of total coating systems for various substrates. Upon request, furnish information on characteristics of specified finish materials,to ensure that compatible prime coats are used. 1.6 SUBMITTALS: A. Submit manufacturer's technical information, including paint label analysis and application instructions for each material proposed for use. 1. Material List: Provide an inclusive list of required coating materials. Indicate each material and cross-reference specific coating, finish system, and application. Identify each material by manufacturer's catalog number and general classification. 2. Manufacturer's Information: Provide manufacturer's technical information, including label analysis and instructions for handling, storing, and applying each coating material proposed for use. 3. Certification by the manufacturer that products supplied comply with local regulations controlling use of volatile organic compounds (VOCs). B. Submit to the Architect a paint color selection chart on form identical to that included at the end of this Section. Include each room or area designation by name and number, the manufacturer of the paint proposed for use, and the manufacturer's name and number designation of primer and topcoats, or the alphanumeric"System"designation,to be applied. Do not fill in the"Topcoat Color"column. 1. Provide a separate line item entry for each area indicated in the Finish Schedule included in the Drawings. 2. Provide a separate line item entry for each different substrate that requires a different painting (11111'N. system within each area. 3. Provide separate line item entries for all other areas and substrates not scheduled that are to receive paint finish. 4. Upon receipt of the Submittal, the Architect will select colors for each line item and fill in the "Topcoat Color"information prior to return of the Submittal to the Contractor. CITY OF PEARLAND PAINTING WESTSIDE LIBRARY 09900-3 (1/1 STORE FRONT EXPANSION WAG PROJECT NO. 14178 a. Architect's color selections will not be limited to only one color per room or area to be painted. C. Based on the information in the Color Selection Chart, including topcoat colors selected by the Architect, prepare samples indicated below. Use actual colors when preparing samples and submit for Architect's review of color and texture only. On the back of each sample list the paint manufacturer's name and material identification, and the color name and number of the finish coat. Revise and resubmit samples as directed by Architect until acceptable color, sheen, and texture are achieved. 1. Submit Samples on the following substrates for the Architect's review of color and texture only: a. Plaster: Provide two 4-inch-(100-mm-)square samples for each color and finish. b. Drywall: Provide two 4-inch-(100-mm-)square samples of each color and finish. 2. Benchmark Samples (Mockups): Provide a full-coat benchmark finish sample of each type of coating and substrate required on the Project. Comply with procedures specified in PDCA P5. Duplicate finish of approved prepared samples. a. The Architect will select one room or surface to represent surfaces and conditions for each type of coating and substrate to be painted. (1) Wall Surfaces: Provide samples on at least 100 sq.ft. (9 sq. m)of wall surface. (111111 b. After permanent lighting and other environmental services have been activated, apply coatings in this room or to each surface according to the Schedule or as specified. Provide required sheen, color, and texture on each surface. (1) After finishes are accepted, the Architect will use the room or surface to evaluate coating systems of a similar nature. c. Final approval of colors will be from job-applied samples. 1.7 DELIVERY AND STORAGE: A. Deliver materials to Project Site in original, new and unopened containers bearing manufacturer's name, label, and following information: 1. Name or title of material. 2. Fed. Spec. number, if applicable. 3. Manufacturer's stock number and date of manufacturer. 4. Manufacturer's name. 5. Contents by volume,for major pigment and vehicle constituents. 6. Thinning instructions. 7. Application instructions. 8. Color name and number. 9. VOC content. B. Store materials not in actual use in tightly covered containers. Maintain containers used in storage of paint in a clean condition, free of foreign materials and residue. Protect from freezing where necessary. Keep storage area neat and orderly. Remove oily rags and waste daily. C. Take precautions to ensure that workmen and work areas are adequately protected from fire hazards and health hazards resulting from handling, mixing,and application of paints. CITY OF PEARLAND PAINTING WESTSIDE LIBRARY 09900-4 STORE FRONT EXPANSION WAG PROJECT NO. 14178 1.8 EXTRA MATERIALS A. Furnish extra paint materials from the same production run as the materials applied in the quantities described below. Package paint materials in unopened, factory-sealed containers for storage and identify with labels describing contents. Deliver extra materials to the Owner. 1. Quantity: Furnish the Owner with an additional 1 gal. (3.785 L) of each material and color applied. 1.9 GUARANTEE: A. Guarantee painting work for a period of 1 year from Date of Substantial Completion against becoming unserviceable or objectionable in appearance as a result of being defective or non-conforming. Without limiting the guarantee scope,the work shall be guaranteed not to: 1. Noticeably discolor, yellow, streak, bloom, bleach, or darken. 2. Change sheen with excessive speed or irregularity. 3. Peel, crack, blister, or alligator. 4. Release from the substrate or intermediate coats. 5. Chalk or dust excessively. 6. Stay tacky or become tacky. 7. Mildew. PART 2-PRODUCTS 2.1 ACCEPTABLE MANUFACTURERS: A. Subject to compliance with requirements, products of the following manufacturers are acceptable. Do not substitute products of other manufacturers without written acceptance of the Architect. 1. Benjamin Moore and Company(Moore) 2. PPG Industries, Pittsburgh Paints(Pittsburgh) 3. The Sherwin-Williams Company(S-W) 2.2 MATERIALS: A. Provide best quality grade of various types of coatings as regularly manufactured by acceptable paint materials manufacturers. Materials not displaying the manufacturer's identification as a standard, best-grade product will not be acceptable. 1. Federal Specifications establish minimum acceptable quality for paint materials. Provide written certification from paint manufacturer that materials provided meet or exceed these minimums. B. Color Pigments: Pure, non-fading, applicable types to suit substrates and service indicated. 1. Lead content in pigment of primers, undercoats, and finish coats, if any, is limited to contain not more than 0.06% lead, as lead metal based on the total non-volatile (dry-film) of paint by weight. This limitation is extended to interior surfaces and those exterior surfaces, such as stairs, decks, porches, railings, windows, and doors which are readily accessible to children under 7 years of (°17\, age. PART 3-EXECUTION 3.1 INSPECTION: CITY OF PEARLAND PAINTING WESTSIDE LIBRARY 09900-5 STORE FRONT EXPANSION WAG PROJECT NO. 14178 A. Applicator must examine areas and conditions under which painting work is to be applied and notify Contractor in writing of conditions detrimental to proper and timely completion of work. Do not proceed with work until unsatisfactory conditions have been corrected in a manner acceptable to Applicator. B. Starting of painting work will be construed as Applicator's acceptance of surfaces and conditions within any particular area. C. Do not paint over dirt, rust, scale, grease, moisture, scuffed surfaces, or conditions otherwise detrimental to formation of a durable paint film. 3.2 SURFACE PREPARATION: A. Perform preparation and cleaning procedures in compliance with paint manufacturer's instructions and as herein specified,for each particular substrate condition. 1. Provide barrier coats over incompatible primers or remove and reprime as required. Notify Architect in writing of any anticipated problems in using the specified coating systems with substrates primed by others. 2. Remove hardware, hardware accessories, machined surfaces, plates, lighting fixtures, and similar items in place and not to be finishpainted, or provide surface-applied protection prior to surface preparation and painting operations. Remove, if necessary, for complete painting of items and adjacent surfaces. Following completion of painting of each space or area, reinstall removed items. 3. Clean surfaces to be painted before applying paint or surface treatments. Remove oil and grease prior to mechanical cleaning. Program cleaning and painting so that contaminants from cleaning process will not fall onto wet, newly painted surfaces. 4. Seal water stains, ballpoint ink, felt tip marker, pencil marks, and other surface contamination which may bleed through paint,with white shellac or other similar sealer. 5. Mask surfaces not required to be painted. B. Prepare cementitious surfaces of cement plaster to be painted by removing efflorescence, chalk, dust, dirt, grease, oils, and by roughening as required to remove glaze. C. Clean ferrous surfaces, which are not galvanized or shop-coated, of oil, grease, dirt, loose mill scale and other foreign substances by solvent or mechanical cleaning. 1. Touch up shop applied prime coats wherever damaged or bare,where required by other Sections of these Specifications. Clean and touch up with same type of shop primer. 3.3 MATERIALS PREPARATION: A. Mix and prepare painting materials in accordance with manufacturer's directions. B. Maintain containers used in mixing and application of paint in a clean condition, free of foreign materials and residue. C. Stir materials before application to produce a mixture of uniform density, and stir as required during application. Do not stir surface film into material. Remove film and, if necessary, strain material before using. 3.4 APPLICATION: A. Apply paint in accordance with manufacturer's directions. Use applicators and techniques best suited CITY OF PEARLAND PAINTING WESTSIDE LIBRARY 09900-6 (limb\ STORE FRONT EXPANSION WAG PROJECT NO. 14178 for substrate and type of material being applied. 1. Provide finish coats which are compatible with prime paints used. 2. Apply additional coats when undercoats, stains, or other conditions show through final coat of paint, until paint film is of uniform finish, color, and appearance. Give special attention to ensure that surfaces, including edges, corners, crevices,welds, and exposed fasteners receive a dry film thickness equivalent to that of flat surfaces. 3. Paint surfaces behind movable equipment and furniture same as similar exposed surfaces. Paint surfaces behind permanently fixed equipment or furniture with prime coat only before final installation of equipment. 4. Paint interior surfaces of ducts, where visible through registers or grilles, with a flat, non-specular black paint. 5. Paint back sides of access panels and removable or hinged covers to match exposed surfaces. B. Apply first-coat material to surfaces that have been cleaned, pretreated or otherwise prepared for painting as soon as practicable after preparation and before subsequent surface deterioration. 1. Allow sufficient time between successive coatings to permit proper drying. Do not recoat until paint has dried to where it feels firm, does not deform or feel sticky under moderate thumb pressure, and application of another coat of paint does not cause lifting or loss of adhesion of the undercoat. C. Apply materials at not less than manufacturer's recommended spreading rate, to establish a total dry film thickness as indicated or, if not indicated, as recommended by coating manufacturer. C°11b. D. Apply prime coat of material which is required to be painted or finished, and which has not been prime coated by others. Recoat primed and sealed surfaces where there is evidence of suction spots or unsealed areas in first coat, to assure a finish coat with no burn-through or other defects due to insufficient sealing. E. Completely cover substrate to provide an opaque, smooth surface of uniform finish, color, appearance and coverage. Cloudiness, spotting, holidays, laps, brush marks, runs, sags, ropiness or other surface imperfections will not be acceptable. F. Match accepted samples for color, texture and coverage. Remove, refinish, or repaint work not in compliance with specified requirements. 3.5 CLEAN-UP AND PROTECTION: A. During progress of work, remove from Site discarded paint materials, rubbish, cans and rags at end of each work day. B. Protect work of other trades, whether to be painted or not, against damage by painting and finishing work. Correct any damage by cleaning, repairing or replacing, and repainting, as acceptable to Architect. 1. Provide "Wet Paint" signs as required to protect newly-painted finishes. Remove temporary protective wrappings provided by others for protection of their work, after completion of painting operations. 2. At completion of work of other trades, touch up and restore all damaged or defaced painted 111111.'` surfaces. Comply with procedures specified in PDCA P1. 3.6 INTERIOR PAINT SCHEDULE: A. Interior Ferrous Metal: CITY OF PEARLAND PAINTING WESTSIDE LIBRARY 09900-7 STORE FRONT EXPANSION WAG PROJECT NO. 14178 1. Latex Semi-Gloss Low Odor Finish: 2 finish coats over primer. a. Primer: Latex-Based Interior Low-Odor White Primer. Moore: Eco Spec Interior Latex Primer Sealer 231 Pittsburgh: Pure Performance Primer 9-2 S-W: Harmony Low Odor Interior Latex Primer B11 W900 b. First and Second Finish Coats: Latex-Based Interior Semi-Gloss Enamel Moore: Eco Spec Interior Latex Semi Gloss 224 Pittsburgh: Pure Performance Semi-Gloss 9-510. S-W: Harmony Low Odor Interior Latex Semi-Gloss, B10 Series. B. Interior Gypsum Drywall Systems: 1. Latex Eggshell Low-Odor Finish: 2 finish coats over primer. a. Primer: Latex-Based Interior Low-Odor White Primer. Moore: Eco Spec Interior Latex Primer Sealer 231. Pittsburgh: Pure Performance Primer 9-2 S-W: Harmony Low Odor Interior Latex Primer B11 W900. (11.1 b. First and Second Finish Coats: Latex-Based Interior Eggshell Enamel. Moore: Eco Spec Interior Latex Eggshell Enamel 223 Pittsburgh: Pure Performance Eggshell Latex 9-411 S-W: Harmony Low Odor Interior Latex Eg-Shell B9 Series. END OF SECTION CITY OF PEARLAND PAINTING WESTSIDE LIBRARY 09900-8 STORE FRONT EXPANSION WAG PROJECT NO. 14178 PAINT COLOR SELECTION CHART Room or Area Painting System Primer/Topcoat or Topcoat Designation Manufacturer "System"designation Color(s) Remove and photocopy this page for use as submittal. CITY OF PEARLAND METAL LOCKERS WESTSIDE LIBRARY 10511 - 1 STORE FRONT EXPANSION WAG PROJECT NO. 14178 (1.1116\' Copyright 2011 by The American Institute of Architects (AIA) Exclusively published and distributed by Architectural Computer Services, Inc. (ARCOM) for the AIA This Product MasterSpec Section is licensed by ARCOM to Republic Storage Systems LLC ("Licensee"). This Product MasterSpec Section modifies the original MasterSpec text. Revisions made to the original MasterSpec text are made solely by the Licensee and are not endorsed by, or representative of the opinions of, ARCOM or The American Institute of Architects (AIA). Neither AIA nor ARCOM are liable in any way for such revisions or for the use of this Product MasterSpec Section by any end user. A qualified design professional should review and edit the document to suit project requirements. For more information, contact Republic Storage Systems LLC, 1038 Belden Ave. NE, Canton, OH 44705; phone: 800-477-1255; fax: 330-454-7772; Website: www.republicstorage.com ; e-mail: republicstorage.com/contact_us. For information about MasterSpec contact ARCOM at(800)424-5080 or visit www.MasterSpec.com. SECTION 10511 METAL LOCKERS PART 1 -GENERAL 1.1 SUMMARY A. Section Includes: 1. Knocked-down corridor lockers. 1.2 ACTION SUBMITTALS A. Product data. B. Shop Drawings: Include plans, elevations, sections, details, attachments to other work, and locker identification system and numbering sequence. C. Samples: For each color of manufacturer's nine powder coat colors available. 1.3 INFORMATIONAL SUBMITTALS A. Sample warranties. CITY OF PEARLAND METAL LOCKERS WESTSIDE LIBRARY 10511 -2 STORE FRONT EXPANSION WAG PROJECT NO. 14178 rlib*\ 1.4 CLOSEOUT SUBMITTALS A. Maintenance data. 1.5 WARRANTY A. Special Warranty: Manufacturer agrees to repair or replace components of metal lockers that fail in materials or workmanship,excluding finish,within specified warranty period. 1. Warranty Period for Knocked-Down Metal Lockers: Two years from date of Substantial Completion. PART 2-PRODUCTS 2.1 MANUFACTURERS A. Lockers to be manufactured within the United States. See Editing Instruction No. 1 in the Evaluations for cautions about named manufacturers and products. For an explanation of options and Contractor's product selection procedures, see Section 016000 "Product Requirements." 2.2 PERFORMANCE REQUIREMENTS Generally retain both standards in "Accessibility Requirements" Paragraph below; revise to include other applicable laws and regulations. The International Building Code (IBC) requires compliance with ICC A117.1,which is almost identical to the ADA-ABA Accessibility Guidelines. A. Accessibility Requirements: For lockers indicated to be accessible, comply with applicable provisions in the U.S. Architectural & Transportation Barriers Compliance Board's ADA-ABA Accessibility Guidelines and ICC A117.1. Revise "Knocked-Down Corridor Lockers" Article below to match units retained for Project. Copy and re-edit if more than one type is required; insert a unique designation for each type and indicate locations on Drawings. 2.3 KNOCKED-DOWN CORRIDOR LOCKERS Retain "Products" Paragraph and list of manufacturers and products below to require specific products or a comparable product from other manufacturers. A. Products: Subject to compliance with requirements, available products that may be incorporated into the Work include,but are not limited to,the following: CITY OF PEARLAND METAL LOCKERS WESTSIDE LIBRARY 10511 -3 STORE FRONT EXPANSION WAG PROJECT NO. 14178 1. Republic Storage Systems LLC; Quiet. 2. Equal products by Penco Products, Inc.,Art Metal Products. Retain "Basis-of-Design Product" Paragraph and list of manufacturers below to identify a specific product or a comparable product from manufacturers listed. Retain option and delete insert note if manufacturer's name and model number are indicated on Drawings. B. Basis-of-Design Product: Subject to compliance with requirements, provide Republic Storage Systems Quiet(16 ga door). C. Doors: One piece; fabricated from 16 ga nominal-thickness steel sheet; formed into channel shape with double bend at vertical edges and with right-angle single bend at horizontal edges. 1. Doors less than 12 inches (305 mm) wide may be fabricated from 18 ga nominal- thickness steel sheet. 2. Doors less than 15 inches (381 mm) wide and less than 30 inches (762 mm) high may be fabricated from 18 ga nominal-thickness steel sheet. 3. Reinforcement: Manufacturer's standard reinforcing angles, channels, or stiffeners fabricated from 16 ga nominal-thickness steel and welded to inner face of doors. Provide reinforcement on 16 ga doors over 15 inches (381 mm) wide, 14 ga, doors over 21 inches (.111h) (533 mm)wide, and all tiered single point latch doors. 4. Door Style Unperforated panel. D. Body: Assembled by riveting or bolting body components together. Fabricate from unperforated steel sheet with thicknesses as follows: 1. Tops, Bottoms, and Intermediate Dividers: 24 ga nominal thickness, with single bend at sides. 2. Sides: 24 ga nominal thickness,with full-height flanges where connected to back.. 3. Backs: 24 ga nominal thickness with full height flanges where connected to sides. 4. Shelves: 24 ga nominal thickness, with double bend at front and single bend at sides and back. E. Frames: Channel formed; fabricated from 16 ga nominal-thickness steel sheet; lapped and factory welded at corners; with top and bottom main frames factory welded into vertical main frames. Form continuous, integral, full-height door strikes on vertical main frames. F. Hinges: 1. Knuckle Hinges: Steel, full loop, five knuckles, tight pin; minimum 2 inches (51 mm) high. Provide no fewer than three hinges for each door more than 42 inches (1067 mm) high. G. Recessed Door Handle and Latch: Stainless-steel cup with integral door pull, recessed so locking device does not protrude beyond door face; pry and vandal resistant. Retain"Multipoint Latching" or"Single-Point Latching" Subparagraph below CITY OF PEARLAND METAL LOCKERS WESTSIDE LIBRARY 10511 -4 STORE FRONT EXPANSION WAG PROJECT NO. 14178 1. Single-Point Latching: Nonmoving latch hook.. Equip each door with one latch hook. H. Locks: Owner furnished.. I. Identification Plates: Manufacturer's standard, etched, embossed,printed, or stamped aluminum plates, with numbers and letters at least 3/8 inch(9 mm)high. J. Hooks: Manufacturer's standard ball-pointed type hooks, aluminum or steel; zinc plated. K. Coat Rods: 1/2-inch(12.25-mm) inside diameter galvanized steel tube or rod. L. Continuous Zee Base: Fabricated from 16 ga nominal-thickness steel sheet. 1. Height: As indicated. M. Continuous Sloping Tops: Fabricated from 20 ga nominal-thickness steel sheet. 1. Closures: Vertical-end type. N. Recess Trim: Fabricated from 18 ga nominal-thickness steel sheet. (.1111 O. Filler Panels: Fabricated from 18 ga nominal-thickness steel sheet. P. Boxed End Panels: Fabricated from 16 ga nominal-thickness steel sheet. Q. Finished End Panels: Fabricated from 24 ga nominal-thickness steel sheet. R. Materials: Typically retain"Cold-Rolled Steel Sheet" Subparagraph below. 1. Cold-Rolled Steel Sheet: ASTM A 1008/A 1008M, Commercial Steel (CS), Type B, suitable for exposed applications. S. Finish: Powder coat. 1. Color: As selected by Architect from manufacturer's full range of nine colors of powder coat.. Revise "Welded Corridor Lockers" Article below to match units retained for Project. Copy and re-edit if more than one type is required; insert a unique designation for each type and indicate locations on Drawings. 2.4 LOCKS 1111`� Retain"Manufacturers" Paragraph and list of manufacturers below to require products from manufacturer t` listed or a comparable product from other manufacturers. CITY OF PEARLAND METAL LOCKERS WESTSIDE LIBRARY 10511 -5 STORE FRONT EXPANSION WAG PROJECT NO. 14178 A. Combination Padlocks: Provided by Owner. 2.5 FABRICATION A. Fabricate metal lockers square, rigid, without warp, and with metal faces flat and free of dents or distortion. Make exposed metal edges safe to touch and free of sharp edges and burrs. B. Fabricate each metal locker with an individual door and frame; individual top, bottom, and back; and common intermediate uprights separating compartments. Factory weld frame members of each metal locker together to form a rigid, one-piece assembly. C. Equipment: Provide each locker with an identification plate and the following equipment: 1. Double-Tier Units: One double-prong back hook and two single-prong wall hooks. D. Knocked-Down Construction: Fabricate metal lockers using nuts, bolts, screws, or rivets for nominal assembly at Project site. E. Accessible Lockers: Fabricate as follows: 1. Locate bottom shelf no lower than 15 inches(381 mm) above the floor. 2. Where hooks, coat rods, or additional shelves are provided, locate no higher than 48 inches (1219 mm) above the floor. F. Continuous Base: Formed into channel or zee profile for stiffness, and fabricated in lengths as long as practical to enclose base and base ends of metal lockers; finished to match lockers. G. Continuous Sloping Tops: Fabricated in lengths as long as practical,without visible fasteners at splice locations; finished to match lockers. H. Recess Trim: Fabricated with minimum 3-inch (76-mm) face width and in lengths as long as practical; finished to match lockers. I. Filler Panels: Fabricated in an unequal leg angle shape; finished to match lockers. Provide slip- joint filler angle formed to receive filler panel. J. Finished End Panels: Designed for concealing unused penetrations and fasteners, except for perimeter fasteners,at exposed ends of nonrecessed metal lockers; finished to match lockers. PART 3 -EXECUTION 3.1 INSTALLATION A. General: Install lockers level,plumb, and true; shim as required,using concealed shims. CITY OF PEARLAND METAL LOCKERS WESTSIDE LIBRARY 10511 -6 STORE FRONT EXPANSION WAG PROJECT NO. 14178 1. Anchor locker runs at ends and at intervals recommended by manufacturer,but not more than 36 inches (910 mm) o.c. Using concealed fasteners, install anchors through backup reinforcing plates, channels, or blocking as required to prevent metal distortion. 2. Anchor single rows of metal lockers to walls 12 inches (294 mm) from top and bottom of lockers of lockers and to floor. B. Knocked-Down Lockers: Assemble with standard fasteners, with no exposed fasteners on door faces or face frames. C. Trim: Fit exposed connections of trim, fillers, and closures accurately together to form tight, hairline joints,with concealed fasteners and splice plates. 1. Attach recess trim to recessed metal lockers with concealed clips. 2. Attach filler panels with concealed fasteners. 3. Attach sloping-top units to metal lockers,with closures at exposed ends. END OF SECTION 10511 CITY OF PEARLAND FIRE PROTECTION SPECIALTIES WESTSIDE LIBRARY 10520- 1 STORE FRONT EXPANSION WAG PROJECT NO. 14178 SECTION 10520 FIRE PROTECTION SPECIALTIES PART 1 -GENERAL 1.1 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to work specified in this Section. 1.2 GENERAL DESCRIPTION OF THE WORK OF THIS SECTION: A. Work shall include furnishing and installing fire extinguishers, cabinets, and accessories. 1.3 RELATED WORK OF OTHER SECTIONS: A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.4 QUALITY ASSURANCE: A. NFPA Compliance: Fabricate and label fire extinguishers to comply with NFPA 10, "Standard for rilk\ Portable Fire Extinguishers." B. Provide new portable fire extinguishers which comply with applicable UL standard and are labeled by UL. C. Provide portable fire extinguishers and cabinets by one manufacturer, unless otherwise acceptable to Architect. 1.5 SUBMITTALS: A. Submit manufacturer's technical data and installation instructions for all fire extinguishers and cabinets required. For fire extinguisher cabinets include roughing-in dimensions, and details showing mounting methods, relationships to surrounding construction, door hardware, cabinet type and materials, trim style and door construction, style, and materials.Where color selection is required include color charts showing full range of manufacturer's standard colors and designs available. PART 2-PRODUCTS 2.1 FIRE EXTINGUISHERS: A. Provide fire extinguishers for each location indicated on the Drawings, in colors and finishes selected from manufacturer's standard which comply with requirements of governing authorities. Fill and service extinguishers to comply with requirements of governing authorities and manufacturer's requirements. Abbreviations indicated below to identify extinguisher types relate to UL classification and ratings system and not, necessarily, to type and amount of extinguishing material contained in extinguisher. B. Provide fire extinguisher types as follows: 1. Multipurpose Dry-Chemical Type in Steel Container: UL-rated 3-A:40-B:C, 5-lb (2.3-kg) nominal capacity, with monoammonium phosphate-based dry chemical in enameled-steel container. CITY OF PEARLAND FIRE PROTECTION SPECIALTIES WESTSIDE LIBRARY 10520-2 (111.6 STORE FRONT EXPANSION WAG PROJECT NO. 14178 2.2 FIRE EXTINGUISHER CABINETS: A. Provide fire extinguisher cabinets where indicated. Provide sizes required for housing specified fire extinguishers, and as follows: 1. Manufacturer's standard 18 gage enameled steel trimless recessed box and recessed solid door. 2. Provide black vinyl die-cut letters indicating"FIRE EXTINGUISHER". PART 3-EXECUTION 3.1 INSTALLATION: A. Install items included in this Section in locations indicated on Drawings, and at heights complying with applicable regulations of governing authorities. 1. Securely fasten cabinet to substrate construction, square and plumb, to comply with manufacturer's instructions. END OF SECTION 10520 CITY OF PEARLAND ROLLER SHADES WESTSIDE LIBRARY 12494- 1 STORE FRONT EXPANSION WAG PROJECT NO: 14172 SECTION 12494 ROLLER SHADES PART 1 -GENERAL 1.1 RELATED DOCUMENTS: A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division-1 Specification Sections, apply to work specified in this Section. 1.2 GENERAL DESCRIPTION OF THE WORK OF THIS SECTION: A. Work includes furnishing and installing roller shades. 1.3 RELATED WORK OF OTHER SECTIONS: A. Coordinate work of this Section with work of other Sections as required to properly execute the Work and as necessary to maintain satisfactory progress of the work of other Sections. 1.4 QUALITY ASSURANCE: (III1Ph\ A. Provide each type of window shade as a complete unit produced by one manufacturer for the entire Project, including hardware, accessory items, mounting brackets, and fastenings. B. Fire-Test-Response Characteristics: Provide roller shade band materials with the fire-test- response characteristics indicated, as determined by testing identical products per test method indicated below by UL or another testing and inspecting agency acceptable to authorities having jurisdiction: 1. Flame-Resistance Ratings: Passes NFPA 701. C. Corded Window Covering Product Standard: Provide roller shades complying with WCMA A 100.1. 1.5 SUBMITTALS: A. Submit manufacturer's product data and installation instructions for each type of window shade unit. B. Shop Drawings: Show location and extent of roller shades. Include elevations, sections, details, and dimensions not shown in Product Data. Show installation details, mountings, attachments to other Work, operational clearances, and relationship to adjoining work. C. Submit full-size window shade units, complete with roller, shade, mounting brackets, and accessories. Samples will be reviewed for color, pattern, and texture only. Compliance with all other requirements is the exclusive responsibility of the Contractor. 1.6 PRODUCT DELIVERY, STORAGE, AND HANDLING: CITY OF PEARLAND ROLLER SHADES WESTSIDE LIBRARY 12494-2 (111 STORE FRONT EXPANSION WAG PROJECT NO. 14172 A. Do not deliver roller shades until project area is finish painted, ready for their installation. Protect from damage during delivery, handling, storage, and installation. 1.7 EXTRA MATERIALS A. Furnish extra materials described below that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. 1. Rollers Shades: Before installation begins, for each size, color, texture, and pattern indicated, full-size units equal to 5 percent of amount installed, but not fewer than two units. PART 2 - PRODUCTS 2.1 ROLLER SHADE UNITS: A. Shade Roller: Provide a smooth operating chain and sprocket operated roller single shade system as produced by MechoShade Systems Inc., 42-03 35th Street, Long Island City, New York 11101, Phone (718) 729-2020. B. Shade Cloth: EuroTwill Reversible Weave 6000 Series 3% Open, color 6012 Charcoal. C. Brackets: Manufacturer's standard, heavy-duty type, of size and type to suit glazed wall system mounting requirements. C. Brackets: Type "Mecho 5 At Pocket" of size as required. 2.2 FABRICATION: A. Cut shade cloth square and true, hemmed at bottom and top with lock stitching, of such width that the sides are within 1/4"from roller ends. PART 3 -EXECUTION 3.1 INSPECTION: A. Examine the substrates and conditions under which the roller shades are to be installed and do not proceed with the work until unsatisfactory conditions have been corrected in an acceptable manner. 3.2 INSTALLATION: A. Install roller shades in accordance with manufacturer's printed instructions to suit the types of mountings required. Install level, secure, and at the proper height to provide maximum coverage. Cooperate with the other trades for securing roller shades to finished surfaces. Repair or replace damaged work as directed by the Architect. B. Provide protection for installed units so that they will be in perfect operating condition, without damage, blemishes, or indication of use at completion of the Project. END OF SECTION CITY OF PEARLAND COMPUTER EQUIPMENT rilb\ SECTION 13731 COMPUTER EQUIPMENT PART 1 -GENERAL 1.1 RELATED DOCUMENTS A. General provisions of the Contract, including General and Special Conditions and Division 01 Specification Sections, 01200 Measurement and Payment Procedures, 01350 Submittals, 01500 Temporary Facilities and Controls and 01505 Mobilization apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Portable"laptop"computer work-station. 2. One or more internet access workstations. 3. Computer operating system and application software. 1.3 DEFINITIONS A. CPU: Central processing unit. B. ProTrak software: a web-based project management and collaborative communications system providing multiple project users access to all project documentation. C. Credential: Password for the protected access to the ProTrak software providing data security for project documentation. D. DSL: Digital Subscriber Line. Commercial subscription for access to the internet E. Wireless Hub: Wireless access to the DSL internet connection for use with wireless computer modems in lap top computers. F. PC: Personal computer. Applies to the central station, workstations, file servers and portable lap tops. G. PDF: Portable Document Format. The file format used by the Acrobat document-exchange- system software from Adobe. H. RAS: Remote access services. I. RF: Radio frequency. J. ROM: Read-only memory. ROM data are maintained through losses of power. K. TCP/IP: Transport control protocol/Internet protocol incorporated into Microsoft Windows. 12-2-2011 13730- 1 CITY OF PEARLAND COMPUTER EQUIPMENT L. UPS: Uninterruptible power supply. M. USB: Universal serial bus. N. WAN: Wide area network. O. WAV: The digital audio format used in Microsoft Windows. P. WMP: Windows media player. Q. Windows: Operating system by Microsoft Corporation. R. Workstation: A PC with software that is configured for specific functions. 1.4 ACTION SUBMITTALS A. Product Data: Provide manufacturer's product description as a submittal for each type of product indicated. Include rated capacities, operating characteristics, and furnished specialties or accessories. Reference each product to the original specification. Warranty data and any required warranty use authorization should be provided and transferable to the City as end user. 1.5 CLOSEOUT SUBMITTALS /1111 A. Operation and Maintenance Data: Provide all users' manuals, warranty information and any proof of purchase type information required for warranty and information regarding imbedded software licensing. In addition to items specified in Section 01782 "Operation and Maintenance Data," include the following: 1. Microsoft Windows software documentation. 2. PC installation and operating documentation, manuals, and software for the PC and all installed peripherals. Software shall include system restore, emergency boot diskettes/ cd's, and drivers for all installed hardware. Provide separately for each PC. 3. Hard copies of manufacturer's specification sheets, operating specifications, design guides, user's guides for software and hardware, and PDF files on CD-ROM of the hard- copy submittal. 4. System installation and setup guides with data forms to plan and record options and setup decisions. 1.6 QUALITY ASSURANCE A. Comply with NFPA 70, "National Electrical Code." B. Provide "new" in the box materials and equipment complete with manufacturer's warranty as required. Provide all documentation as supplied by OEM. 1.7 DELIVERY, STORAGE,AND HANDLING A. Workstations, and Portable"laptop"computers: 12-2-2011 13730 -2 CITY OF PEARLAND COMPUTER EQUIPMENT 1. Store in temperature- and humidity-controlled environment in original manufacturer's sealed containers. Maintain ambient temperature between 50 and 85 deg F, and not more than 80 percent relative humidity, non-condensing. 2. Open each container; verify contents against packing list; and file copy of packing list, complete with container identification. 3. Save original manufacturer's containers and packing materials and deliver as directed under provisions covering extra materials. 1.8 PROJECT CONDITIONS A. Environmental Conditions: System shall be capable of withstanding the following environmental conditions without mechanical or electrical damage or degradation of operating capability: 1. Indoor, Controlled Environment: System components, except installed in air-conditioned indoor environments shall be rated for continuous operation in ambient conditions of 36 to 78 deg F dry bulb and 20 to 90 percent relative humidity, non-condensing. 2. Outdoor Environment: System components installed in locations exposed to weather shall be rated for continuous operation in ambient conditions of 36 to plus 100 deg F dry bulb and 20 to 90 percent relative humidity, condensing. PART 2-PRODUCTS 2.1 MANUFACTURERS A. Manufacturers: Subject to compliance with requirements, provide products by the following Manufacturer to comply with existing City IT requirements and Software access: 1. Dell Computer: Latitude E6420 ATG(225-0702) B. Basis-of-Design Product: Subject to compliance with requirements, provide Dell Latitude E6420 (225-0702) or comparable product. 2.2 DESCRIPTION A. System Hardware and Software: Base Unit: Dell Latitude E6420 ATG(225-0702) Processor: Intel Core i5-2540M,2.60GHz,3MB Cache,Dell Latitude E6X20(317-5995) Memory: 4.0GB,DDR3-1333MHz SDRAM,2 DIMM,Dell Latitude(317-6239) Keyboard: Internal Backlit Dual Pointing English Keyboard,Dell Latitude E(331-1201) Keyboard: Tech Setup Guide,English,Dell Latitude E6420 ATG(331-1715) Keyboard: Documentation(English/French),Dell Latitude E-Family/Mobile Precision(331-2169) Video Card: Intel HD Graphics 3000,Dell Latitude E6420 ATG(318-0512) Hard Drive: 320GB Hard Drive 7200RPM,Dell Latitude E(342-0482) 12-2-2011 13730-3 CITY OF PEARLAND COMPUTER EQUIPMENT Hard Drive Controller: NO Internal Fingerprint Reader and NO contactless smartcard reader,Dell Latitude E6420 ATG(331-2714) Floppy Disk Drive: 14.0 in HD(1366x768)Anti-Glare LED,Dell Latitude E6420 ATG(320-2141) Floppy Disk Drive: LCD Cover,No Touchscreen,Dell Latitude E6420 ATG(318-0510) Operating System: Genuine Windows 7 Professional,64-bit,No Media,Latitude,English(421-8067) Modem: No Modem,Dell Latitude E(331-1221) TBU: 90W 3-Pin,AC Adapter,Dell Latitude E(331-1719) TBU: US-3 foot Flat Power Cord,Dell Latitude(330-4016) CD-ROM or DVD-ROM 8X DVD+/-RW Bezel,Dell Latitude E6320/E6420/E6520/ATG(318-0466) Drive: Software• Cyberlink Power DVD 9.5,No Media,Dell OptiPlex,Latitude and Precision Work- station(421-4370) Software: Roxio Creator Starter,No Media,Dell OptiPlex,Latitude and Precision Workstation (421-4539) Sound Card: No Camera,with single digital microphone,Dell Latitude E6420/ATG(318-0441) Processor Cable: Intel WiFi Link 6205(802.11a/g/n 2X2)1/2 MiniCard for VPRO Latitude E/Mobile Precision(430-3961) Documentation Disk- Intel vPro Technology Advanced Management Features,Dell Latitude E6X20(331- ette: 1227) Bundled Software: Adobe Acrobat X,includes Serial Key Card,FI,ENG/FRN(410-0560) Bundled Software: Microsoft Office Professional 2010,English,OptiPlex,Precision and Latitude(421- 3957) Feature 6-Cell(60WH)Primary Lithium Ion Battery for Latitude(312-1151) Feature Carrying Handle,Latitude E6420 ATG(331-1713) Service: Dell Limited Hardware Warranty Plus Service Extended Year(s)(934-9528) Service: Dell Limited Hardware Warranty Plus Service Initial Year(929-3587) Service: ProSupport: Next Business Day Limited Onsite Service After Remote Diagnosis 4 Year Extended(927-0034) Service: ProSupport:Next Business Day Limited Onsite Service After Remote Diagnosis Ini- tial Year(951-4140) Service: ProSupport: 7x24 Technical Support,4 Year Extended(928-8134) Service: ProSupport: 7x24 Technical Support,Initial(956-5210) Support: Accidental Damage Service,5 Year(927-0184) rihNI Support: Info,Complete Care(988-7689) 12-2-2011 13730 -4 CITY OF PEARLAND COMPUTER EQUIPMENT Misc: Energy Star Enabled/E-PEAT/Gold,Latitude E6420/ATG(331-1931) Misc: Intel Core i5 vPro Processor(331-1641) Resource DVD with Drivers,Dell Latitude E6420/ATG(331-1222) Cyberlink Power 9.5.1 AND Roxio Creator Starter Media for DVD+/-RW,Dell Opti- Plex,Workstation and Latitude(421-5109) Media Kit,Win 7 Professional 64bit,MUI,Dell OptiPlex,Precision and Latitude(421- 5682) Dell Back-up and Recovery Manager for Win7,MUI,Optiplex,Precision,Latitude (331-3300) CFI,Integration Fee,Order Ready,Pronc(365-0530) B. Field Office Internet Access 1. CONTRACTOR shall provide and pay for DSL internet access in the temporary Field Office for use by OWNER'S REPRESENTATIVE, CONSTRUCTION MANAGER and INSPECTORS as well as for CONTRACTOR'S use. a. Service must support a minimum of two users simultaneously and be available at all times during working ours b. No separate pay item will be made for Internet Access. Include monthly cost in Temporary Facilities, if a separate pay item is established, or as an incidental cost 111117. PART 3 -EXECUTION Provide computer equipment and software submittal in initial "Critical" submittals as material submittal#1. Upon approval by OWNER and ENGINEER; a) deliver computer equipment to OWNER in original manufacturer's packaging. b) Establish wireless internet connections in CONTRACTOR'S field office and coordinate operation of computer with internet access at this location and request c) Invoice Computer Equipment line item in first 50% of Mobilization. END SECTION 12-2-2011 13730-5