R-000298-004A-4_Project Manual.pdf

CITY OF HOUSTON

HOUSTON PUBLIC WORKS

PROJECT MANUAL

Almeda Sims Wastewater Treatment Plant Sludge Tanks 110 and 120 Repair WBS No. R-000298-004A-4

VOLUME 1 of 1

Divisions 00 through 16

FEBRUARY 2026

02/11/2026 02/11/2026 02/11/2026 02/11/2026

Binkley & Barfield, Inc.

Consulting Engineers 1710 Seamist Drive Houston, Texas 77008

(713) 869-3433

Almeda Sims WWTP Sludge Tanks 110 & 120 Repair WBS No. R-000298-004A-4 TABLE OF CONTENTS

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02-01-2025

Document 00010CSP

TABLE OF CONTENTS

NOTE: Capitalized Specification Sections are included in https://www.houstonpermittingcenter.org/media/6386/download, and are incorporated in Project Manuals by reference as if copied verbatim. Documents listed "for filing" are to be provided by Proposer and are not included in this Project Manual unless indicated for example only. The Document numbers and titles hold places for actual documents to be submitted by Contractor during Proposal, post-proposal, or construction phase of the Project.

Specification Sections marked with an asterisk (*) are amended by a supplemental specification, printed on blue paper and placed in front of the Specification it amends

Doc. No. Document Title Doc. Date

INTRODUCTORY INFORMATION

00015 List of Drawings ......................................................................... 02-01-2004

AVAILABLE INFORMATION

00320 Geotechnical Information ........................................................... 09-02-2005

CONTRACTING REQUIREMENTS

AGREEMENT

00501 Resolution of Contractor ............................................................ 02-01-2010 00520 Agreement ................................................................................. 09-17-2024 00570 Contractor’s Revised MWSBE Participation Plan ...................... 01-18-2022 00571 Record of Post-Award Good Faith Efforts .................................. 08-01-2013 00572 Contractor’s Request for Plan Deviation .................................... 08-01-2013

BONDS AND CERTIFICATES

00600 List of Proposed Subcontractors and Suppliers ......................... 07-01-2013 00601 Drug Policy Compliance Agreement .......................................... 02-01-2004 00602 Contractor's Drug Free Workplace Policy (for filing) 00603 Checklist for Drug Policy Submittal ............................................ 05-15-2017 00604 History of OSHA Actions and List of On-the-job Injuries ............ 02-01-2004 00605 List of Safety Impact Positions ................................................... 02-01-2004 00607 Certification Regarding Debarment, Suspension, and Other

Responsibility Matters ................................................................ 02-01-2004 00610 Performance Bond ..................................................................... 05-17-2005 00611 Statutory Payment Bond ............................................................ 05-17-2005 00612 One-year Maintenance Bond ..................................................... 05-17-2005 00620 Affidavit of Insurance (with attached Certificates of Insurance) . 02-01-2004 00622 Name and Qualifications of Proposed Superintendent (for filing) 00624 Affidavit of Compliance with Affirmative Action Program ........... 03-23-2017 https://www.houstonpermittingcenter.org/media/6386/download

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00630 City of Houston Pay or Play Program – Certification of Compliance (POP-2) .......................................... 01-23-2020 00631 City of Houston Pay or Play Program – Participating Subcontractors (POP-3)

................................................................................................... 01-23-2020 00633 Certification by Proposed Material Suppliers, Lessors, and Professional

Service Providers Regarding Equal Employment Opportunity ... 07-11-2016 00636 Certificate of Interested Parties .................................................. 03-09-2016 00642 Monthly Subcontractor Payment Reporting Form ...................... 03-20-2020 00646 Payment Notification – Explanation of Withholding .................... 02-01-2010

GENERAL CONDITIONS

00700 General Conditions .................................................................... 10-28-2024

SUPPLEMENTARY CONDITIONS

00800 Supplementary Conditions ......................................................... 10-28-2024 00805 Equal Employment Opportunity Program Requirements ........... 03-01-2016 00808 Requirements for the City of Houston Program for Minority, Women, and

Small Business Enterprises (MWSBE), and Persons with Disabilities Business Enterprises (PDBE) .................................................... 02-01-2024

00820 Wage Scale and Payroll Requirements for Engineering Construction ............................................................................... 02-01-2025

00821 Wage Scale and Payroll Requirements for Building Construction ............................................................................... 02-01-2025

00830 Trench Safety Geotechnical Information .................................... 02-01-2004 00840 Pay or Play Program .................................................................. 07-03-2012

SPECIFICATIONS

Division 01 through 16 Specifications reference the latest editions of the Standard Specifications that are in effect as of the date of receipt of proposals, unless otherwise noted. Supplemental Specifications include Doc Date for reference.

DIVISION 1 - GENERAL REQUIREMENTS

01110 Summary of Work 01145S Use of Premises ........................................................................ 04-29-2025 *01145 Use of Premises 01255 Change Order Procedures 01270S Measurement and Payment ....................................................... 08-27-2025 *01270 Measurement and Payment 01292S Schedule of Values .................................................................... 04-29-2025 *01292 Schedule of Values 01312 Coordination and Meetings 01321 Construction Photographs 01325 Construction Schedule

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01326 Construction Schedule (Bar Chart) 01330S Submittal Procedures................................................................. 04-29-2025 *01330 Submittal Procedures 01340 Shop Drawings, Product Data, and Samples 01351 Environmental Safety and Worker Protection 01410 TPDES Requirements (with Attachments) 01422 Reference Standards 01450 Contractor's Quality Control 01452 Inspection Services 01454 Testing Laboratory Services 01502 Mobilization 01504 Temporary Facilities and Controls 01506S Diversion Pumping ..................................................................... 04-29-2025 *01506 Diversion Pumping 01520 Temporary Field Office 01554 Traffic Control and Street Signs 01555 Traffic Control and Regulation 01562 Tree and Plant Protection 01570S Storm Water Pollution Prevention Control ................................. 04-29-2025 *01570 Storm Water Pollution Prevention Control 01575 Stabilized Construction Access 01576 Waste Material Disposal 01578 Control of Ground and Surface Water 01581 Excavation in Public Way Permit Signs 01582 Build Houston Forward Project Identification Signs 01610 Basic Product Requirements 01630 Product Substitution Procedures 01725S Field Surveying .......................................................................... 04-29-2025 *01725 Field Surveying 01731 Cutting and Patching 01732 Procedure for Water Valve Assistance (with Attachments) 01740 Site Restoration 01755 Starting Systems 01770 Closeout Procedures 01782 Operations and Maintenance Data 01785 Project Record Documents

DIVISION 2 - SITE WORK

02081 CAST-IN-PLACE CONCRETE MANHOLES

02082 PRECAST CONCRETE MANHOLES

02085 VALVE BOXES, METER BOXES, AND METER VAULTS

02086 ADJUSTING MANHOLES, INLETS, AND VALVE BOXES TO GRADE

02090 FRAMES, GRATES, RINGS, AND COVERS

02091 NON METALLIC FRAMES, GRATES, RINGS, AND COVERS

02136 WASTE MATERIAL HANDLING, TESTING AND DISPOSAL

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02220 Demolition .................................................................................. 11-18-2024

02221 REMOVING EXISTING PAVEMENTS, STRUCTURES, WOOD, AND

DEMOLITION DEBRIS

02233 CLEARING AND GRUBBING

02260 TRENCH SAFETY SYSTEM

02316 EXCAVATION AND BACKFILL FOR STRUCTURES

02317 EXCAVATION AND BACKFILL FOR UTILITIES

02318 EXTRA UNIT PRICE WORK FOR EXCAVATION AND BACKFILL

02319 BORROW

02320 UTILITY BACKFILL MATERIALS

02321 CEMENT STABILIZED SAND

02322 FLOWABLE FILL

02330 EMBANKMENT

02336 LIME STABILIZED SUBGRADE

02337 LIME/FLY ASH STABILIZED SUBGRADE

02338 PORTLAND CEMENT STABILIZED SUBGRADE

02448 PIPE AND CASING AUGERING FOR SEWERS

02465 DRILLED SHAFT FOUNDATIONS

02501 DUCTILE IRON PIPE AND FITTINGS

02502 STEEL PIPE AND FITTINGS

02504 FIBERGLASS REINFORCED PIPE

02505 HIGH DENSITY POLYETHYLENE (HDPE) SOLID AND PROFILE WALL PIPE

02506 POLYVINYL CHLORIDE PIPE

02507 PRESTRESSED CONCRETE CYLINDER PIPE

02508 EXTRA STRENGTH CLAY PIPE

02521 GATE VALVES

02522 BUTTERFLY VALVES

02523 PRESSURE REDUCING VALVES

02524 AIR RELEASE AND VACUUM RELIEF VALVES

02525 TAPPING SLEEVES AND VALVES

02527 POLYURETHANE COATINGS ON STEEL OR DUCTILE IRON PIPE

02528 POLYETHYLENE ENCASEMENT/WRAP

02529 TAPE COATINGS ON STEEL PIPE

02531 GRAVITY SANITARY SEWERS

02532 SANITARY SEWER FORCE MAINS

02533 ACCEPTANCE TESTING FOR SANITARY SEWERS

02534 SANITARY SEWER SERVICE STUBS OR RECONNECTIONS

02553 POINT REPAIRS AND OBSTRUCTION REMOVALS

02555 MANHOLE REHABILITATION

02613 BAR WRAPPED STEEL CYLINDER PIPE

02615 INSERTION VALVES AND LINE STOPS

02621 GEOTEXTILE

02631 STORM SEWERS

02711 HOT MIX ASPHALT BASE COURSE

02712 CEMENT STABILIZED BASE COURSE

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02713 RECYCLED CRUSHED CONCRETE BASE COURSE

02714 FLEXIBLE BASE COURSE FOR TEMPORARY DRIVEWAYS

02741 ASPHALTIC CONCRETE PAVEMENT

02742 PRIME COAT

02743 TACK COAT

02751 CONCRETE PAVING

02752S Concrete Pavement Joints ......................................................... 04-29-2025

*02752 CONCRETE PAVEMENT JOINTS

02753 CONCRETE PAVEMENT CURING

02754 CONCRETE DRIVEWAYS

02761 COLORED CONCRETE FOR MEDIANS AND SIDEWALKS

02762 BLAST CLEANING OF PAVEMENT

02764 RAISED PAVEMENT MARKERS

02765 PREFORMED PAVEMENT MARKINGS

02771 CURB, CURB AND GUTTER, AND HEADERS

02775 CONCRETE SIDEWALKS

02811 LANDSCAPE IRRIGATION

02911 TOPSOIL

02912 TREE, PLANT, AND HARDSCAPE PROTECTION

02915 TREE PLANTING

02921 HYDRO MULCH SEEDING

02922 SODDING

02951 PAVEMENT REPAIR AND RESTORATION

DIVISION 3 - CONCRETE

03100 Concrete Formwork ................................................................... 11-19-2024 03151 Joints in Concrete Structures ..................................................... 11-19-2024 03211 Reinforcing Steel ....................................................................... 11-19-2024 03300 Cast-In-Place Concrete.............................................................. 08-08-2025 03304 Water Leakage Test for Concrete Structures ............................. 08-04-2025 03310 Structural Concrete .................................................................... 11-19-2024

03315 CONCRETE FOR UTILITY CONSTRUCTION

03350 Concrete Finishing ..................................................................... 11-19-2024 03390 Concrete Curing ......................................................................... 11-19-2024 03600 Structural Grout ......................................................................... 08-11-2025 03931 Concrete Repair and Rehabilitation ........................................... 11-19-2024

DIVISION 4 - MORTAR

04061 MORTAR

04062 Unit Masonry System ................................................................. 11-19-2024

04210 BRICK MASONRY FOR UTILITY CONSTRUCTION

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DIVISION 5 - METALS

05060 Metals ........................................................................................ 11-19-2024 05080 Metal Finishes ............................................................................ 02-28-2025 05090 Fastenings ................................................................................. 11-19-2024 05120 Structural Steel .......................................................................... 11-19-2024 05500 Miscellaneous Metals................................................................. 11-19-2024

05501 METAL FABRICATIONS

05510 Metal Stairs and Railing Systems .............................................. 11-19-2024 05520 Aluminum Handrailing ................................................................ 11-19-2024 05532 Metal Bar Gratings ..................................................................... 11-19-2024

DIVISION 6 - WOOD AND PLASTICS – NOT USED

DIVISION 7 - THERMAL AND MOISTURE PROTECTION

07921 Caulking and Sealants ............................................................... 11-19-2024

DIVISION 8 - DOORS AND WINDOWS – NOT USED

DIVISION 9 - FINISHES

09901S Protective Coatings .................................................................... 04-29-2025

*09901 PROTECTIVE COATINGS

DIVISION 10 – SPECIALTIES – NOT USED

DIVISION 11 – EQUIPMENT

11375 Diffused Aeration Equipment ..................................................... 11-11-2024

DIVISION 12 – FURNISHINGS -NOT USED

DIVISION 13 - SPECIAL CONSTRUCTION

13440 Control System (for Reference) ................................................. 11-19-2024 13446 Primary Instrumentation Devices ............................................... 11-18-2024 13471 Control Cabinet Enclosures ....................................................... 11-18-2024

DIVISION 14 - CONVEYING SYSTEMS – NOT USED

DIVISION 15 – MECHANICAL

15011 Ductile Iron Pipe for Exposed and Submerged Services ........... 11-12-2024 15033 Hoses, Nozzles and Quick Couplings ........................................ 11-12-2024 15153 Electric Actuators ....................................................................... 11-12-2024 15170 Low Voltage Motors ................................................................... 11-12-2024 15200 Plant and Station Piping............................................................. 11-12-2024 15202 Valves for Wastewater Plant Service ......................................... 11-12-2024

15640 JOINT BONDING AND ELECTRICAL ISOLATION

15641 CORROSION CONTROL TEST STATIONS

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DIVISION 16 – ELECTRICAL

16010s Basic Electrical Requirements ................................................... 04-29-2025

*16010 BASIC ELECTRICAL REQUIREMENTS

16050 Basic Electrical Materials and Methods ..................................... 04-24-2025 16060 Electrical Demolition .................................................................. 04-24-2025 16111 Conduit, Fittings, and Bodies ..................................................... 04-24-2025 16120 600-Volt Building Wire and Cable .............................................. 04-24-2025 16123 Medium-Voltage Power Cable ................................................... 04-24-2025 16126 Instrumentation Cable ................................................................ 04-24-2025 16131 Device, Pull, and Junction Boxes ............................................... 04-24-2025 16140 Wiring Devices ........................................................................... 04-24-2025 16161 Pannelboards ............................................................................. 04-24-2025 16165 Disconnect Switches .................................................................. 04-24-2025 16170 Grounding and Bonding ............................................................. 04-24-2025 16171 Low Voltage Electric Motors ...................................................... 04-24-2025 16195 Electrical Identification ............................................................... 04-24-2025 16290 Surge Protection Devices .......................................................... 04-24-2025 16322 Unit Substation Transformers .................................................... 04-24-2025 16346 Medium Voltage Sealed Deadfront Distribution Switchgear ....... 04-24-2025 16402 Underground Duct Banks ........................................................... 04-24-2025 16428 Low Voltage Feeder Breaker Switchboards ............................... 04-24-2025

END OF DOCUMENT

WBS No. R-000298-004A-4 LIST OF DRAWINGS

00015-1 02-01-2004

Document 00015

LIST OF DRAWINGS

Sheet No.

Drawing Title

1 COVER

2 SHEET INDEX

3 GENERAL CONSTRUCTION NOTES

4 BUILD HOUSTON FORWARD PROJECT SIGN

5 EXISTING ALMEDA SIMS WWTP SITE PLAN

6 EXISTING OVERALL LAYOUT

7 PROPOSED SLUDGE TANK 110 AND 120 LAYOUT

8 STRUCTURAL NOTES

9 EXISTING STRUCTURAL SLUDGE HOLDING TANK DEMO PLAN (SHEET 1 OF 2)

10 EXISTING STRUCTURAL SLUDGE HOLDING TANK DEMO PLAN (SHEET 2 OF 2)

11 EXISTING STRUCTURAL SLUDGE HOLDING TANK DEMOLITION SECTION

12 PROPOSED STRUCTURAL SLUDGE HOLDING TANK PLAN (SHEET 1)

13 PROPOSED STRUCTURAL SLUDGE HOLDING TANK PLAN (SHEET 2)

14 PROPOSED STRUCTURAL SLUDGE HOLDING TANK SECTIONS

15 STANDARD STRUCTURAL DETAILS (SHEET 1 OF 7)

16 STANDARD STRUCTURAL DETAILS (SHEET 2 OF 7)

17 STANDARD STRUCTURAL DETAILS (SHEET 3 OF 7)

18 STANDARD STRUCTURAL DETAILS (SHEET 4 OF 7)

19 STANDARD STRUCTURAL DETAILS (SHEET 5 OF 7)

20 STANDARD STRUCTURAL DETAILS (SHEET 6 OF 7)

21 STANDARD STRUCTURAL DETAILS (SHEET 7 OF 7)

22 STRUCTURAL DETAILS – MISCELLANEOUS

23 STRUCTURAL DETAILS - STAIRS

24 STRUCTURAL DETAILS – STANDARD PIPE HANGER

25 STRUCTURAL DETAILS – STANDARD PIPE SUPPORTS

26 STANDARD DETAILS – MISCELLANEOUS

27 MECHANICAL LEGEND

28 MECHANICAL DEMOLITION PHOTOS – NORTH SIDE

29 MECHANICAL DEMOLITION PHOTOS – SOUTH SIDE

30 EXISTING MECHANICAL VALVE VAULT DEMOLITION PHOTOS

31 EXISTING MECHANICAL DEMOLITION PLAN (SHEET 1 OF 2)

32 EXISTING MECHANICAL DEMOLITION PLAN (SHEET 2 OF 2)

33 EXISTING MECHANICAL SECTIONS (SHEET 1 OF 2)

34 EXISTING MECHANICAL SECTIONS (SHEET 2 OF 2)

35 PROPOSED MECHANICAL PLAN (SHEET 1 OF 2)

36 PROPOSED MECHANICAL PLAN (SHEET 2 OF 2)

37 PROPOSED MECHANICAL SECTIONS (SHEET 1 OF 2)

WBS No. R-000298-004A-4 LIST OF DRAWINGS

00015-2

38 PROPOSED MECHANICAL SECTIONS (SHEET 2 OF 2)

39 STANDARD MECHANICAL DETAILS (1 OF 3)

40 STANDARD MECHANICAL DETAILS (2 OF 3)

41 STANDARD MECHANICAL DETAILS (3 OF 3)

42 SWPPP PLAN

43 SWPPP DETAILS

44 STANDARD CIVIL DETAILS (SHEET 1 OF 3)

45 STANDARD CIVIL DETAILS (SHEET 2 OF 3)

46 STANDARD CIVIL DETAILS (SHEET 3 OF 3)

47 ELECTRICAL NOTES

48 ELECTRICAL SITE PLAN

49 SLUDGE HOLDING TANK 130 – CONDUIT SITE PLAN

50 SLUDGE HOLDING TANK 130 –CONDUIT MODIFICATION PLAN (1 OF 2)

51 SLUDGE HOLDING TANK 130 –CONDUIT MODIFICATION PLAN (2 OF 2)

52 EXISTING MCC–2C (FOR REFERENCE ONLY)

53 MCC-2C PANEL MODIFICATION PLAN (SHEET 1 OF 2)

54 MCC-2C PANEL MODIFICATION PLAN (SHEET 2 OF 2)

55 PANEL MODIFICATION PLAN

56 EXISTING PANEL, CONDUIT & LIGHTING MODIFICATION PLAN

57 EXISTING MCC-2C ELEVATION

58 ELECTRICAL DETAILS (SHEET 1 OF 2)

59 ELECTRICAL DETAILS (SHEET 2 OF 2)

60 INSTRUMENTATION LEGEND I

61 INSTRUMENTATION LEGEND II

62 EXISTING SCADA SYSTEM ARCHITECTURE

63 EXISTING BLOWER P&ID (FOR REFERENCE ONLY)

64 PROPOSED SLUDGE HOLDING TANK P&ID SITE PLAN

65 EXISTING INSTRUMENTATION PLAN (FOR REFERENCE ONLY)

66 EXISTING PANEL & PROPOSED INSTRUMENTS (FOR REFERENCE ONLY)

67 EXISTING SLUDGE PROCESSING BUILDING SUBSTATION 12.47KV 1-LINE

68 SLUDGE HOLDING TANK PROPOSED ELECTRICAL PLAN (NORTH)

69 SLUDGE HOLDING TANK PROPOSED ELECTRICAL PLAN (SOUTH)

70 EXISTING MCC-2C ELEVATION AND PANEL SCHEDULES UPDATE

71 MCC-2C ONE LINE DIAGRAM & DETAILS (SHEET 1 OF 2)

72 MCC-2C ONE LINE DIAGRAM & DETAILS (SHEET 2 OF 2)

73 STANDARD ELECTRICAL DETAILS – DUCT BANKS

74 STANDARD ELECTRICAL DETAILS – ELECTRICAL HAND HOLES

75 STANDARD ELECTRICAL DETAILS – GROUNDING & TRANSFORMER

76 STANDARD ELECTRICAL DETAILS – LIGHT STANCHION & EQUIPMENT RACK

77 STANDARD ELECTRICAL DETAILS – CONTROL SCHEMATICS

78 PROPOSED CONDUIT AND CABLE SCHEDULE

WBS No. R-000298-004A-4 GEOTECHNICAL INFORMATION

00320-1 09-02-2005

Document 00320

GEOTECHNICAL INFORMATION

1. DOCUMENT INCLUDES

A. Soils investigation reports.

B. Bidder's responsibilities.

2. RELATED DOCUMENTS

A. Document 00340 – Environmental Information B. Section 02260 - Trench Safety Systems

3. SITE INVESTIGATION REPORTS

A. In the design and preparation of Contract documents for this Project, the City and Design Consultant have used information in geotechnical reports for the investigation and analysis of soils and subsurface conditions at the Project site.

B. An electronic copy of the report for this project is included in a CD-Rom affixed to the inside front cover of the project manual.

C. Neither the City nor Design Consultant is responsible for accuracy or completeness of any information or data.

4. GEOTECHNICAL REPORTS

A. Report No. 1, prepared by the firm of Aviles Engineering, Corp., entitled Geotechnical Investigation, Proposed Almeda Sims Sludge Processing Facility (SPF) Improments, dated Octover 2007, consisting of 76 pages.

WBS No. R-000298-004A-4 GEOTECHNICAL INFORMATION

00320-2 09-02-2005

B. Report No. , prepared by the firm of , entitled , dated , consisting of __ pages.

5. BIDDER RESPONSIBILITIES

A. Bidder shall take full responsibility for interpretation and use of information contained in above listed reports for its bidding and construction purposes.

B. Bidder may perform additional soils investigations as Bidder deems appropriate.

WBS No. R-000298-004A-4 RESOLUTION OF CONTRACTOR

00501-1

02-01-2010

Document 00501

RESOLUTION OF CONTRACTOR

_________________________________________________________ (“Contractor”), (Name of Contractor, e.g., “Biz. Inc.”, “Biz LLP”) is a _________________________________________________________________________, (Type of Organization, e.g.: Corporation, Limited Partnership, Limited Liability Partnership, Limited Liability Company, etc.)

which is bound by acts of _ ______________________________________, (Name and Form of Governing Entity, e.g., “Biz Inc. Board of Directors”, “Bill Smith, GP”, etc.)

(“Governing Entity”).

On the day of , 20 , the Governing Entity resolved, in accordance with all documents, rules, and laws applicable to the Contractor, that

_____________________________________________, is authorized to act as the (Contractor’s Representative) Contractor’s Representative in all business transactions (initial one) conducted in the State of Texas OR related to this Contract; and

The Governing Entity warrants that the above resolution (a) was entered into without dissent or reservation by the Governing Entity, (b) has not been rescinded or amended, and (c) is now in full force and effect; and

In authentication of the adoption of this resolution, I subscribe my name on this day of _ ____, 20 .

(Authorized Signature for Governing Entity) (Print or Type Name and Title of Authorized Signatory)

SWORN AND SUBSCRIBED before me on _____________________________ Date

Notary Public in and for the State of Texas

My Commission Expires: ___________ _____________________________ Expiration Date Print or Type Name of Notary Public

WBS No. R-000298-004A-4 AGREEMENT

00520-1

09-17-2024

Document 00520

AGREEMENT

Project: Almeda Sims Wastewater Treatment Plant Sludge Tanks 110 and 120 Repair

Project Location: 12319 1/2 Almeda Rd., Houston, TX 77045

Project No: WBS No. R-000298-004A-4 ______________

The City:

THE CITY OF HOUSTON, 900 Bagby Street, Houston, Texas 77002 (the “City”).

and

Contractor:

(Address for Written Notice)

Fax Number:

The City Engineer, with respect to the General Conditions, is:

Oluwole "O.J." McFoy, P.E. ___________

P. O. Box 1562

Houston, Texas 77251-1562

(Address for Written Notice)

THE CITY AND CONTRACTOR AGREE AS FOLLOWS:

ARTICLE 1

THE WORK OF THE CONTRACT

1.1 Contractor shall perform the Work in accordance with the Contract.

ARTICLE 2

CONTRACT TIME

2.1 Contractor shall achieve Date of Substantial Completion within 400 days after Date of Commencement of the Work, subject to adjustments of Contract Time as provided in the Contract.

2.2 The Parties recognize that time is of the essence for this Agreement and that the City will suffer financial loss if the Work is not completed within the Contract Time. Parties also recognize delays, expense, and difficulties involved in proving in a legal or arbitration proceeding actual loss suffered by the City if the Work is not completed on time. Accordingly, and if applicable, instead of requiring any such proof, the Parties agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay the City the amount stipulated in Document 00800, Supplementary Conditions, for each day beyond Contract Time.

ARTICLE 3

CONTRACT PRICE

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3.1 Subject to terms of the Contract, the City will pay Contractor in current funds for Contractor's performance of the Contract, the Contract Price of $__________, which includes Alternates, if any, accepted below.

3.2 The City accepts Alternates as follows:

Alternate No. 1 [N/A] Alternate No. 2 [N/A] Alternate No. 3 [N/A] Alternate No. 4 [N/A]

ARTICLE 4

PAYMENTS

4.1 The City will make progress payments to Contractor as provided below and in the General Conditions of the Contract.

4.2 The Period covered by each progress payment is one calendar month ending on the [___] 15th or [___] last day of the month.

4.3 The City will issue Certificates for Payment and will make progress payments on the basis of such Certificates as provided in the General Conditions of the Contract.

4.4 Final payment, constituting entire unpaid balance of Contract Price, will be made by the City to Contractor as provided in the General Conditions of the Contract.

ARTICLE 5

CONTRACTOR REPRESENTATIONS

5.1 Contractor represents:

5.1.1 Contractor has examined and carefully studied Contract documents and other related data identified in Bid Documents.

5.1.2 Contractor has visited the site and become familiar with and is satisfied as to general, local, and site conditions that may affect cost, progress, and performance of the Work.

5.1.3 Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work.

5.1.4 Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in Contract documents and (2) reports and drawings of a hazardous environmental condition, if any, at the site which has been identified in Contract documents.

5.1.5 Contractor has obtained and carefully studied (or assumes responsibility for having done

so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including applying specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract to be employed by Contractor, and safety precautions and programs incident thereto.

00520-3

5.1.6 Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for performance of the Work at Contract Price, within Contract Time, and in accordance with the Contract.

5.1.7 Contractor is aware of general nature of work to be performed by the City and others at the site that relates to the Work as indicated in Contract documents.

5.1.8 Contractor has correlated information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract.

5.1.9 Contractor has given City Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract, and written resolution thereof by City Engineer is acceptable to Contractor.

5.1.10 Contract documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

ARTICLE 6

MISCELLANEOUS PROVISIONS

6.1 The Contract may be terminated by either Party as provided in the General Conditions of the Contract.

6.2 The Work may be suspended by the City as provided in the General Conditions of the Contract.

ARTICLE 7

ENUMERATION OF CONTRACT DOCUMENTS

7.1 The following documents are incorporated into this Agreement:

7.1.1 Document 00700 - General Conditions.

7.1.2 Document 00800 - Supplementary Conditions.

7.1.3 Division 01 - General Requirements.

7.1.4 Divisions 02 through 16 of Specifications.

7.1.5 Drawings listed in Document 00015, List of Drawings, and Drawing No. , bound separately.

7.1.6 Addenda [and Riders] which apply to the Contract, are as follows:

Addendum No. 1, dated

Addendum No. 2, dated

Addendum No. 3, dated

Rider No. [ ], dated

7.1.7 Other documents:

Document No. Title

[ X ] 00410 Bid Form – Part B

00520-4

[ X ] 00470 Standard Pre-Bid Participation Plan Document [ ] 00471 Pre-Bid Good Faith Efforts Report [ ] 00472 Goal Deviation Request [ ] 00500 Form of Business [ X ] 00501 Resolution of Contractor (if a corporation) [ ] 00570 Amended S/MWBE Participation Plan [ ] 00571 Contractor’s Good Faith Efforts Report [ ] 00572 Plan Deviation Request [ ] 00608 Contractor's Certification Regarding Non-Segregated Facilities for

Project Funded by AIP Grant [ X ] 00610 Performance Bond [ X ] 00611 Statutory Payment Bond [ X ] 00612 One-year Maintenance Bond [ ] 00613 One-year Surface Correction Bond [ X ] 00620 Affidavit of Insurance (with the Certificate of Insurance attached) [ ] 00623 Contractor’s Act of Assurance (SRF Form ED-103) [ X ] 00624 Affidavit of Compliance with Affirmative Action Program [ ] 00628 Affidavit of Compliance with Disadvantaged Business Enterprise

(DBE) Program for Project Funded By AIP Grant [ X ] 00630 (POP-2) Certification of Compliance with Pay or Play Program [ X ] 00631 (POP-3) City of Houston Pay or Play Program – List of

Subcontractors [ X ] 00800 Supplementary Conditions for Project CIP or AIP Funded [ ] 00801 Supplementary Conditions for Project AIP Funded [ ] 00802 SRF Supplementary Conditions [ X ] 00805 Equal Employment Opportunity Requirements (DELETE If AIP

Funded) [ ] 00806 EPA DBE and Wage Rate Requirements (SRF only) [ ] 00807 Bidder/Contractor Requirements for DBE Program [ X ] 00808 Minority and Women-owned Business Enterprise (MWBE) &

Persons with Disabilities Business Enterprise (PDBE) Program [ ] 00810 Federal Wage Rate - Highway [ ] 00811 Federal Wage Rate - Building [ ] 00812 Federal Wage Rate - Heavy [ X ] 00820 Wage Rate for Engineering Construction [ X ] 00821 Wage Rate for Building Construction [ ] 00830 Trench Safety Geotechnical Information [ X ] 00840 Pay or Play Program [ ] 00912 Rider

00520-5

ARTICLE 8

SIGNATURES

8.1 The Parties have executed this Agreement in multiple copies, each of which is an original. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of this Agreement and the performance of such Party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms. The Parties hereby agree that each Party may sign and deliver this Agreement electronically or by electronic means and that an electronic transmittal of a signature, including but not limited to, a scanned signature page, will be as good, binding, and effective as an original signature.

CONTRACTOR: (If Joint Venture)

By: By:

Name: Name:

Title: Title:

Tax Identification Number: Tax Identification Number:

CITY OF HOUSTON, TEXAS

ATTEST/SEAL: SIGNED:

City Secretary Mayor

APPROVED: COUNTERSIGNED:

Director, Houston Public Works City Controller

Date Countersigned:

8.2 This Contract and Ordinance have been reviewed as to form by the undersigned legal assistant and have been found to meet established Legal Department criteria. Legal Department has not reviewed the content of these documents.

Legal Assistant Date

Almeda Sims WWTP Sludge Tanks 110 & 120 Repair CONTRACTOR’S REVISED

WBS NO. R-000298-004A-4 MWSBE PARTICIPATION PLAN

00570-1 Edition Date: 01-18-2022

Document 00570

CONTRACTORS REVISED MWSBE PARTICIPATION PLAN

As soon as the Contractor becomes aware that the Contractor may not abide by the most current approved Plan, the Contractor shall submit this completed form with a Record of Post-Bid Good Faith Efforts (Document 00571), a Request for Plan Deviation (Document 00572), and any other document evidencing “Good Faith Efforts,” as required by the Good Faith Efforts Policy (Document 00808). The City will review this Revised Participation Plan and may approve this Revised Plan if the Contractor has made Good Faith Efforts. For more information, visit http://www.houstontx.gov/obo.

Original Participation Plan

Percentage

MBE WBE SBE

Revised Participation Plan

Percentage MBE WBE SBE

NAICS

Code

(6 digit)

Description of Work (Plan Sheet #, Unit Price #, Scope of Work #, as applicable)

% of Total Bid

Price (2 decimal places;

for example:

5.00%)

Cert.

Type for

Goal:

MBE,

WBE, or

SBE

Certified Firm Name Firm Address Contact Name

Phone No. and E-Mail (if available)

MBE �

WBE �

USE THIS LINE FOR

PRIME LEVEL CREDIT ONLY.

CREDIT MUST NOT EXCEED

50% OF THE ADVERTISED

GOAL

MBE �

SBE �

http://www.houstontx.gov/obo

00570-2

Authorized Signature: Date:

Print Name: Company Name:

Email: Phone:

*I understand that supplying inaccurate information may violate Texas Penal Code Section 37.10 and lead to City sanctions.

00570-3

Document 00570

CONTINUATION PAGE

NAICS

Code

(6 digit)

Plan Item Number (if applicable)/ Description of Work

% of Total Bid Price

(2 decimal places)

Cert.

Type for

Goal

(MBE,

WBE,

SBE)

Certified Firm Name Firm Address

Contact Name Phone No. and E-Mail (if available)

Signature for Company: * Date:

Print Name: Phone:

*I understand that supplying inaccurate information may violate Texas Penal Code Section 37.10 and lead to City sanctions.

Almeda Sims WWTP Sludge Tanks 110 & 120 Repair RECORD OF POST-AWARD WBS No. R-000298-004A-4 GOOD FAITH EFFORTS

00571-1 08-01-2013

Document 00571

RECORD OF POST-AWARD GOOD FAITH EFFORTS

Contractor Name: Project Name:

A Contractor that may be unable to follow an agreed Participation Plan (Document 00470 or 00570) must submit this completed form, a Plan Deviation Request Form (Document 00572), and any other documentation of “Good Faith Efforts” (see Document 00808) that the OBO Representative may require. The Contractor shall submit one completed Document 00571 (Part A) for each Certified Firm that is no longer performing part or all of its work duties under the Approved Plan. The Contractor has the burden to demonstrate “Good Faith Efforts” to meet the MWSBE goal, which includes correctly and accurately preparing and submitting this form and other efforts described in the Good Faith Efforts Policy (Document 00808). The Office of Business Opportunity may review Participation Plan and Good Faith Efforts from time to time and may request that the Contractor submit this form and other information.

UNLESS THE CONTRACTOR MEETS THE GOALS IN THE AGREED PARTICIPATION PLAN, FAILURE

TO SUBMIT THIS FORM MAY RESULT IN A DEFAULT OF THE CONTRACT.

PART A (REASON FOR NON-USE OF CERTIFIED FIRM IN AGREED PLAN)

NAICS

Code

Plan Item No.

MWSBE

Type for

Goal

Certified Firm Name, Address, Phone No. and E-mail

Plan Goal & Actual Use (in

% of total)

Method of

Contact

Reason for Non-Use (why the Contractor was not able to use the Certified Firm in accordance with the Agreed Plan)

Plan %:

Actual

Phone � E-mail �

Fax �

PART B (REASON FOR NONUSE OF REPLACEMENT CERTIFIED FIRMS—IF APPLICABLE)

Code

Plan Item No.

MWSBE

Type for

Goal

Certified Firm Name Address, Phone No. and E- Mail

Certified Firm

Contact Person

Method of

Contact

Prime Contact

Response

Results of Contact

(why Certified Firm was unsuitable or unusable)

Phone �

00571-2

Phone �

Authorized Signature: Date: _______ Phone: __________ Print Name: Email Address:

00571-3

Document 00571

PART B CONTINUATION (REASON FOR NONUSE OF REPLACEMENT CERTIFIED FIRMS)

NAICS

Code

Plan Item No.

MWSBE

Type for Goal

Certified Firm Name Address, Phone No.

and E-Mail

Contact Person

Method of

Contact

Prime Contact

Response

Results of Contact (why Certified Firm was unsuitable or unusable) Phone �

Authorized Signature: Date: _______ Phone: ______________

Print Name: Email Address:

Almeda Sims WWTP Sludge Tanks 110 & 120 Repair CONTRACTOR’S REQUEST WBS No. R-000298-004A-4 FOR PLAN DEVIATION

00572-1

Document 00572

CONTRACTOR’S REQUEST FOR PLAN DEVIATION

Contractor Name:

Project Name:

Approved Participation Plan Percentages

MBE

WBE

SBE

Total

Contractor’s Requested Participation Plan

MBE

WBE

SBE

Total

Justification: Please provide the reason the Contractor is unable to meet the MWSBE goal in the Approved Plan.

Good Faith Efforts: Please list any efforts not listed in Contractor’s Record of Good Faith Effort (Document 00571).

Please attach additional pages if the space for Justification or Good Faith Efforts is insufficient.

Date: *Contractor:

E-mail: *By:

Phone Number: Title:

*I understand that the approval of this deviation request does not constitute a final decision by OBO that Contractor has used Good Faith Efforts in meeting the Contracting Goal.

FOR OFFICIAL USE ONLY: Approved Not Approved

OBO Representative Date:

Title:

Almeda Sims WWTP Sludge Tanks 110 & 120 Repair LIST OF PROPOSED WBS No. R-000298-004A-4 SUBCONTRACTORS AND SUPPLIERS

00600-1 07-01-2013

Document 00600

LIST OF PROPOSED SUBCONTRACTORS AND SUPPLIERS

PROJECT NAME: Almeda Sims Wastewater Treatment Plant Sludge Tanks 110 and 120 Repair

TOTAL DBE AWARD: $

ORIG. CONTRACT PRICE: $ TOTAL MWSBE AWARD: $

PROJECT NO.: WBS No. R-000298-004A-4 TOTAL HUB AWARD: $

DATE OF REPORT: TOTAL PDBE AWARD: $

(6 digits)

SUBCONTRACTOR OR

SUPPLIER (INCLUDE

“MWSBE”, “PDBE”, “DBE”, OR

“HUB” DESIGNATION)2

ADDRESS

SCOPE OF

WORK3

NOTES: 1. RETURN FOR ALL PROJECTS AS REQUIRED IN DOCUMENT 00800 – SUPPLEMENTARY CONDITIONS.

RETURN WITHIN THE SPECIFIED NUMBER OF DAYS AFTER RECEIPT OF NOTICE OF INTENT TO AWARD

2. DESIGNATE FIRMS CERTIFIED BY THE CITY OFFICE OF BUSINESS OPPORTUNITY ON THIS FORM.

3. DESCRIBE THE WORK TO BE PERFORMED, FOR WHICH THE FIRM IS CERTIFIED, SUCH AS “PAVING”, “ELECTRICAL”, ETC.

4. CONTRACTOR SHALL EXECUTE CONTRACTS WITH APPROVED SUBCONTRACTORS AND SUPPLIERS

WITHIN 30 DAYS AFTER THE DATE OF THE NOTICE TO PROCEED. COPIES OF CONTRACTS WITH

DESIGNNATED FIRMS MUST BE SENT TO THE OFFICE OF BUSINESS OPPORTUNITY.

SIGNATURE: COMPANY NAME:

NAME: TITLE:

(Type or Print)

Almeda Sims WWTP Sludge Tanks 110 & 120 Repair LIST OF PROPOSED WBS No. R-000298-004A-4 SUBCONTRACTORS AND SUPPLIERS

00600-2 07-01-2013

Document 00600

Continuation Page

PROJECT NAME: Almeda Sims Wastewater Treatment Plant Sludge Tanks 110 and 120 Repair

DATE OF REPORT:

PROJECT NO.: WBS No. R-000298-004A-4

(6 digits)

SUBCONTRACTOR OR

SUPPLIER (INCLUDE

“MWSBE”, “PDBE”, “DBE”, OR

“HUB” DESIGNATION)2

ADDRESS

SCOPE OF

WORK3

SIGNATURE: COMPANY NAME:

NAME: TITLE:

(Type or Print)

Almeda Sims WWTP Sludge Tanks 110 & 120 Repair DRUG POLICY WBS No. R-000298-004A-4 COMPLIANCE AGREEMENT

00601-1

Document 00601

DRUG POLICY COMPLIANCE AGREEMENT

I, , Name Title of Contractor have authority to bind Contractor with respect to its Bid, Proposal, or performance of any and all contracts it may enter into with the City of Houston; and that by making this Agreement, I affirm that Contractor is aware of and by the time the Contract is awarded will be bound by and agree to designate appropriate safety impact positions for company employee positions, and to comply with the following requirements before the City issues a Notice to Proceed:

1. Develop and implement a written Drug Free Workplace Policy and related drug testing procedures for Contractor that meet the criteria and requirements established by the Mayor's Amended Policy on Drug Detection and Deterrence (Mayor's Drug Policy) and the Mayor's Drug Detection and Deterrence Procedures for Contractors (Executive Order No. 1-31).

2. Obtain a facility to collect urine samples consistent with Health and Human Services

(HHS) guidelines and an HHS-certified drug-testing laboratory to perform drug tests.

3. Monitor and keep records of drug tests given and results; and upon request from the City of Houston, provide confirmation of such testing and results.

4. Submit semi-annual Drug Policy Compliance Declarations.

I affirm on behalf of Contractor that full compliance with the Mayor's Drug Policy and Executive Order No. 1-31 is a material condition of the Contract with the City of Houston, I further acknowledge that falsification, failure to comply with or failure to timely submit declarations or documentation in compliance with the Mayor's Drug Policy or Executive Order No.

1-31 will be considered a breach of the Contract with the City and may result in non-award or termination of the Contract by the City.

Contractor Title

Signature Date

CITY OF HOUSTON CHECKLIST FOR

STANDARD DOCUMENT DRUG POLICY SUBMITTAL

00603-1 05-15-2017

Document 00603

CHECKLIST FOR DRUG POLICY SUBMITTAL

TO: STEPHEN PACK

PWE/DIRECTOR’S OFFICE

SECURITY MANAGEMENT

SECTION

611 WALKER STREET

3RD FLOOR ANNEX

HOUSTON, TEXAS 77002

FROM:

DATE:

«MagingEngName»

MANAGING ENGINEER

ENGINEERING SECTION

ENGINEERING & CONSTRUCTION / PWE

CONTRACTOR: «LoBid1Name» PROJECT NAME: Almeda Sims WWTP Sludge Tanks 110 & 120 Repair PROJECT No.: WBS No. R-000298-004A-4 PROJECT MANAGER: «PrjMgrName» TELEPHONE: «PrjMgrTel» FAX: «PrjMgrFax»

DOCUMENTS CHECKED BELOW ARE BEING SUBMITTED: (Project Manager, check.)

DOC. 00601 - DRUG POLICY COMPLIANCE AGREEMENT (Standard Form) DOC. 00602 - CONTRACTOR'S DRUG-FREE WORKPLACE POLICY (Contractor creates this

Document) DOC. 00605 - LIST OF SAFETY IMPACT POSITIONS (Contractor creates this List)

"OR"

DOC. 00606 - CONTRACTOR'S CERTIFICATION OF NO SAFETY IMPACT POSITIONS

CCODT REVIEW: THE FOLLOWING CHECKED ITEM(S) ARE MISSING FROM SUBMISSION/POLICY AND

NEED TO BE CORRECTED PRIOR TO AWARD:

NAME OF DRUG TESTING LAB

REASON FOR TESTING:

RANDOM TESTING - 25% ANNUALLY

REASONABLE SUSPICION

POST ACCIDENT

SAFETY IMPACT POSITIONS INCOMPLETE

EMPLOYEE ACKNOWLEDGMENT FORM

DRUG TESTING PROCEDURES

CONSEQUENCE OF POSITIVE TEST: PERMANENTLY REMOVED FROM ANY CONTRACT CITY

WORKSITE.

CONSEQUENCE OF REFUSAL TO CONSENT: PERMANENTLY REMOVED FROM ANY CONTRACT

CITY WORKSITE.

OTHER:

COMMENTS:

DATE RECEIVED: RESUBMITTAL DATE:

REJECTED

APPROVED

CITY OF HOUSTON HISTORY OF OSHA ACTIONS AND

STANDARD DOCUMENT LIST OF ON-THE-JOB INJURIES

00604-1

Document 00604

HISTORY OF OSHA ACTIONS AND LIST OF ON-THE-JOB INJURIES

Prior to award of the Contract, Low Bidder will be required to file the following with the City:

1. A history of all OSHA actions, advisories, etc., Contractor has received on all jobs worked in any capacity, prime or subcontractor. The history shall be for the two-year period preceding the Bid Date of the Project.

2. A list of all on-the-job injuries, accidents, and fatalities suffered by any present or former employees of Contractor during the same two-year period.

3. If less than the two-year period, give the date Contractor started doing business.

This information must be submitted to the City within the time period stated in Document 00498 - Notice of Intent to Award. An officer of the company must certify in a notarized statement that the information submitted is true and correct.

CITY OF HOUSTON LIST OF SAFETY

STANDARD DOCUMENT IMPACT POSITIONS

00605-1

Document 00605

LIST OF SAFETY IMPACT POSITIONS

Contractor is to provide a complete List of Employee Classifications that are considered in a “Safety Impact Position” and the number of employees in each of those classifications.

Employee Classification Number of Employees

CITY OF HOUSTON CERTIFICATION

STANDARD DOCUMENT REGARDING DEBARMENT

00607-1

Document 00607

CERTIFICATION REGARDING DEBARMENT,

SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

Contractor certifies to the best of its knowledge and belief that it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal, State, or local department or agency;

2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction:

violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph 2 of this certification; and

4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Section 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to five years, or both.

Company:

Typed Name & Title of Authorized Representative

Signature of Authorized Representative Date

I am unable to certify the above statements. My explanation is attached.

WBS No. R-000298-004A-4 PERFORMANCE BOND

00610-1 05-17-2005

Document 00610

PERFORMANCE BOND

THAT WE, , as Principal, (the “Contractor”), and the other subscriber hereto, , as Surety, do hereby acknowledge ourselves to be held and firmly bound to the City of Houston (the “City”), a municipal corporation, in the penal sum of $ for the payment of which sum, well and truly to be made to the City, its successors and assigns, Contractor and Surety do bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:

WHEREAS, the Contractor has on or about this day executed a Contract in writing with the City for Almeda Sims Wastewater Treatment Plant Sludge Tanks 110 and 120 Repair R-000298-004A-4, all of such work to be done as set out in full in said Contract documents therein referred to and adopted by the City Council, all of which are made a part of this instrument as fully and completely as if set out in full herein.

NOW THEREFORE, if the said Contractor shall faithfully and strictly perform the Contract in all its terms, provisions, and stipulations in accordance with its true meaning and effect, and in accordance with the Contract documents referred to therein and shall comply strictly with each and every provision of the Contract and with this Bond, then this obligation shall become null and void and shall have no further force and effect; otherwise the same is to remain in full force and effect. Should the Contractor fail to faithfully and strictly perform the Contract in all its terms, including but not limited to the indemnifications thereunder, the Surety shall be liable for all damages, losses, expenses and liabilities that the City may suffer in consequence thereof, as more fully set forth herein.

It is further understood and agreed that the Surety does hereby relieve the City or its representatives from the exercise of any diligence whatever in securing compliance on the part of the Contractor with the terms of the Contract, and the Surety agrees that it shall be bound to take notice of and shall be held to have knowledge of all acts or omissions of the Contractor in all matters pertaining to the Contract. The Surety understands and agrees that the provision in the Contract that the City will retain certain amounts due the Contractor until the expiration of 30 days from the acceptance of the Work is intended for the City's benefit, and the City will have the right to pay or withhold such retained amounts or any other amount owing under the Contract without changing or affecting the liability of the Surety hereon in any degree.

00610-2

It is further expressly agreed by Surety that the City or its representatives are at liberty at any time, without notice to the Surety, to make any change in the Contract documents and in the Work to be done thereunder, as provided in the Contract, and in the terms and conditions thereof, or to make any change in, addition to, or deduction from the Work to be done thereunder; and that such changes, if made, shall not in any way vitiate the obligation in this Bond and undertaking or release the Surety therefrom.

It is further expressly agreed and understood that the Contractor and Surety will fully indemnify and save harmless the City from any liability, loss, cost, expense, or damage arising out of Contractor’s performance of the Contract.

If the City gives Surety notice of Contractor’s default, Surety shall, within 45 days, take one of the following actions:

1. Arrange for Contractor, with consent of the City, to perform and complete the Contract; or

2. Take over and assume completion of the Contract itself, through its agents or through independent contractors, and become entitled to the payment of the balance of the Contract Price.

If the Surety fails to take either of the actions set out above, it shall be deemed to have waived its right to perform and complete the Contract and receive payment of the balance of the Contract Price and the City shall be entitled to enforce any remedies available at law, including but not limited to completing the Contract itself and recovering any cost in excess of the Original Contract Price from the Surety.

This Bond and all obligations created hereunder shall be performable in Harris County, Texas. This Bond is given in compliance with the provisions of Chapter 2253, Texas Government Code, as amended, which is incorporated herein by this reference.

Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt…