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R-2016-190 2016-10-24RESOLUTION NO. R2016-190 A Resolution of the City Council of the City of Pearland, Texas, awarding a bid for the construction of the Fite Road Extension Project (between McLean Road and Veterans Drive; a TIP funded project) to Pulice Construction, Inc., in the amount of $3,045,261.60. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That competitive bids for the construction of the Fite Road Extension Project have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Pulice Construction, Inc., in the amount of $3,045,261.60. Section 3. The City Manager or his designee is hereby authorized to execute a contract for the construction of the Fite Road Extension Project. PASSED, APPROVED and ADOPTED this the 24"' day of October, A.D., 2016. ATTEST: Y � . N .," ' SE ETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 6..k71 TOM REID MAYOR Project Manual for: CONSTRUCT 4 LANE UNDIVIDED FITE ROAD FROM MCLEAN ROAD TO VETERANS DRIVE COP Project No.: TR1202 TxDOT Project No.: STP 2014(546) MM TxDOT CSJ 0912 31 272 Bid No.: 0716 46 r JULY 2016 Prepared By: C obbFendle TBPE Firm Registration No. 274 J TBPLS Firm Registration No. 100467 13430 Northwest Freeway, Suite 1 100 I Houston, Texas 77040-6138 Voice (713) 462-3242 Fax (713) 462-3262 cobbfendley.com Project Manual for: CONSTRUCT 4 LANE UNDIVIDED FITE ROAD FROM MCLEAN ROAD TO VETERANS DRIVE City of Pearland, Texas COP Project No.: TR1202 Bid No.: 0716 46 STEPHEN 1. BYINGTON QS000I000000000000.........toa 108056 JULY2O16 Prepared B y : CobbFendlev TBPE Firm Registration No. 274 ( TBPLS Firm Registration No. 100467 13430 Northwest Freeway, Suite 1100 Houston, TX 77040 CITY OF PEARLAND TABLE OF CONTENTS Document 00010-T TABLE OF CONTENTS NOTE: Bold Specification Sections can be found on the City of Pearland Web Site at http://pearlandtx.gov/departments/engineers ng-and-capital-prof ects/engineering/standard-construction- documents (or at http://www.pearlandtx.gov/ by going to the Department of Engineering, Engineering Construction Documents). Doc No. Document Title INTRODUCTORY INFORMATION Page No. 00010-T TxDOT Table of Contents 1-5 00015 List of Drawings 6-10 BIDDING REQUIREMENTS 00100 Invitation to Bid 00110-T LGPP Abbreviations & Definitions Supplement 00200 Instructions to Bidders 00200A-T Instructions to Bidders Appendix: LGPP Bid Checklist 00210-T LGPP Supplement to Instructions to Bidders 00300 Bid Proposal 00310-T LGPP Award and Execution of the Contract 00456 Bidder's Certificate of Compliance with Buy America Program 00457 Conflict of Interest Questionnaire CONTRACTING REQUIREMENTS 11-13 14-25 26-33 34-35 3 6-3 8 39-45 46-48 49 50-51 AGREEMENT 00500 Standard Form of Agreement 52-58 00500A Standard Form of Agreement Appendix: Title VI Assurances 59-60 00550 Ethics Certification Form 1295 61 BONDS AND CERTIFICATES 00610 Performance Bond 00611 Payment Bond 00612 One -Year Warranty of Work Bond 00615 Partial Waiver of Lien • 62-63 64-65 66-67 68 00010-T-1 1 CITY OF PEARLAND TABLE OF CONTENTS GENERAL CONDITIONS 00700 General Conditions of Agreement Attachment No. 1 — Worker's Compensation Insurance Coverage 00770-T 00780-T 00790-T 69-108 109-111 Attachment No. 2 — Agreement for Final Payment and Contractor's Release Attachment No. 3 Sworn 112-115 Owner's Insurance Requirements of Contractor 116-125 LGPP General Conditions & Scope of Work 126 LGPP General Conditions & Control of Work 127-131 LGPP Control of Materials, Legal Relations & Responsibilities 132-141 SUPPLEMENTARY CONDITIONS 00800 Special Conditions of Agreement 142-143 00811-T Wage Rates 144-147 00850-T TxDOT LGPP Requirements 148 • FHWA-1273 Required Contract Provisions 149-160 Bidder Certification 161 Buy America Provision 162-163 Buy America —Material Statement 164 Child Support Statement 165 Child Support Certification 166 Child Support Business Ownership Form 167 Contractor Acknowledgment of Stormwater Mgmt Program 168 Contractor's Assurance 169 Debarment Certification 170 Differing Site Conditions 171 Disadvantaged Business Enterprises (DBE) Provisions 172-179 Disadvantaged Business Enterprise Requirements 180 DBE Commitment Agreement Form 181 DBE Material & Supplier Commitment Agreement Form 182 DBE Substitution Request Form 183 DBE Commercially Useful Function Project Site Review 184 DBE Trucking Credit Worksheet 185 DBE Good Faith Effort —Prime Contractor 186-187 DBE Monthly Progress Report 188 DBE/SBE Prompt Payment Certification 189 DBE Prime Contractor Payments to Non -DBE Subcontractors 190 DBE Final Report 191 Equipment Rental Rates 192-193 Lobbying Certification Forms 194-195 Non -Collusion Statement 196 Affidavit 197 Payroll Verification Information 198 Prison Produced Materials Provision 199 Railroad Insurance Provision (when work is in Railroad ROW) 200-201 SBE Monthly Progress Report 202 TxDOT Certificate of Insurance —Form 1560 203-204 • 00010-T-2 2 CITY OF PEARLAND TABLE OF CONTENTS 00900 Addendum No. 2 204A-204H 2014 TxDOT SPECIAL PROVISIONS SP000-002 -Nondiscrimination SP000-003- Certification of Nondiscrimination in Employment SP000-004- Notice of Requirement for Affirmative Action to Ensure Equal Employm Opportunity (Executive Order 11246) SP000-005- Standard Federal Equal Employment Opportunity Construction Contract Specifications SP000-006- On -The -Job Training Program SP000-007- Disadvantaged Business Enterprise in Federal Aid Contracts SP000-010 - Important Notice to Contractors SP000-241- Cargo Preference Act Requirements in Federal Aid Contracts SP003-005 - Award and Execution of Contract SP006-001- Control of Materials SP007-001- Legal Relations and Responsibilities SP007-003- Legal Relations and Responsibilities SP007-004 - Legal Relations and Responsibilities SP421-002 - Hydraulic Cement Concrete SP506-003 - Temporary Erosion, Sedimentation, and Environmental Controls 2014 TxDOT SPECIAL SPECIFICATIONS 205-207 208 ent 209-212 213-216 217 218-225 226 227 228 229-231 232-234 235 23 6-23 7 238-240 241-242 TxDOT SPECIAL SPECIFICATIONS Item 4006 Sound Walls 243-244 Item 6058 Battery Back -Up System for Signal Cabinets 244A-244I 2014 TxDOT GENERAL NOTES GENERAL NOTES City of Pearland General Notes General Roadway Illumination and Electrical General Traffic Signals Item 162 Sodding for Erosion Control Item 168 Vegetative Watering Item 416 Drilled Shaft Foundations Item 540 Metal Beam Guard Fence Item 618 Conduit Item 620 Electrical Conductors Item 624 Ground Boxes Item 628 Electrical Services Item 636 Signs Item 644 Small Roadside Sign Assemblies Item 680 Highway Traffic Signals Item 682 Vehicle and Pedestrian Signal Heads 245 246 246 246 246 246 246-247 247-248 248-249 249 249 249 249-250 250-252 252 00010-T-3 3 CITY OF PEARLAND TABLE OF CONTENTS Item 686 Item 687 Item 688 Item 6002 Traffic Signal Pole Assemblies (Steel) Pedestal Pole Assemblies Pedestrian Detectors and Vehicle Loop Detectors Video Imaging Vehicle Detection System CITY OF PEARLAND SPECIFICATIONS 252-253 253 253 254 DIVISION 1 GENERAL REQUIREMENTS 01040-T Electrical Requirements 01050-T Control of Materials 01100 Summary of Work 255-256 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 01440 Observation Services 01450 Testing Laboratory Services 01500 Temporary Facilities and Controls 01505 Mobilization 01550 Stabilized Construction Exit 01555 Traffic Control and Regulation 01560 Filter Fabric Fence 01561 Reinforced Filter Fabric Barrier 01562 Waste Material Disposal 01563 Tree and Plant Protection 01564 Control of Ground Water and Surface Water 01565 TPDES Requirements 01566 Source Controls for Erosion and Sedimentation 01570 Trench Safety System 01580 Project Identification Signs 01600 Material and Equipment 01630 Product Options and Substitutions 01720 Field Surveying 01750 Starting Systems 01760 Project Record Documents 01770 Contract Closeout DIVISION 2 — SITE WORK 02200 Site Preparation 02220 Site Demolition 02252 Cement Stabilized Sand 02255 Bedding, Baclll, and Embankment Materials 00010-T-4 4 CITY OF PEARLAND TABLE OF CONTENTS 02316 02317 02318 02330 02335 02370 02542 02582 02603 02624 02629 02630 02631 02632 02633 02751 02762 02770 02771 02775 02811 02820 02821 02910 02921 02922 02931 02980 02981 Excavation and Backfill for Roadways Excavation and Backfill for Structures Excavation and Backfill for Utilities Embankment Subgrade Geotextile Concrete Manholes and Accessories Thermoplastic Pavement Markings Frames, Grates, Rings, and Covers Structural Plate Culvert Structures Safety End Treatments Storm Sewers Precast Inlets, Headwalls, and Wingwalls Cast -in -Place Inlets, Headwalls, and Wingwalls Adjusting Manholes, Inlets, and Valve Boxes Concrete Pavement Temporary and Removable Reflectorized Pavement Marking Curb, Curb & Gutter, and Headers Concrete Sidewalks Concrete Driveways Landscape Irrigation Wood Fences and Gates Chain Link Fences and Gates Topsoil Hydromulch Seeding Sodding Landscape and Tree Planting Pavement Repair and Resurfacing Blast Cleaning of Pavement DIVISION 3 - CONCRETE 03300 Cast In Place Concrete 03310 Structural Concrete 13730 Computer Equipment APPENDICES A Geotechnical Information 25 7-3 5 0 B Environmental Information 351 END OF DOCUMENT 00010-T-5 5 CITY OF PEARLAND LIST OF DRAWINGS Document 00015 LIST OF DRAWINGS Sheet No. Drawing Title 1 TITLE SHEET 2 INDEX OF SHEETS 3 PROPOSED TYPICAL SECTION (SHEET 1 OF 5) 4 PROPOSED TYPICAL SECTION (SHEET 2 OF 5) 5 PROPOSED TYPICAL SECTION (SHEET 3 OF 5) 6 PROPOSED TYPICAL SECTION (SHEET 4 OF 5) 7 PROPOSED TYPICAL SECTION (SHEET 5 OF 5) 8 GENERAL NOTES (SHEET 1 OF 5) 9 GENERAL NOTES (SHEET 2 OF 5) 10 GENERAL NOTES (SHEET 3 OF 5) 11 GENERAL NOTES (SHEET 4 OF 5) 12 GENERAL NOTES (SHEET 5 OF 5) 13 SUMMARY OF REMOVAL QUANTITIES 14 SUMMARY OF ROADWAY QUANTITIES 15 SUMMARY OF STORM SEWER QUANTITIES 16 SUMMARY OF PAVEMENT MARKING QUANTITIES 17 SUMMARY OF TRAFFIC SIGNAL QUANTITIES 18 SUMMARY OF ILLUMINATION QUANTITIES 19 SUMMARY OF SMALL SIGNS 20 SUMMARY OF TRAFFIC CONTROL QUANTITIES 21 TRAFFIC CONTROL PLAN 22 TCP(1-1)-12 23 TCP(1-2)-12 24 WZ(BTS-1)-13 25 WZ(BTS-2)-13 26 BC(1)-14 27 BC(2)-14 28 BC(3)-14 29 BC(4)-14 30 BC(5)-14 31 BC(6)-14 32 BC(7)-14 33 BC(8)-14 34 BC(9)-14 35 BC(10)-14 36 BC(11)-14 37 BC(12)-14 38 PROJECT LAYOUT 00015-1 02-01-2004 6 CITY OF PEARLAND LIST OF DRAWINGS 39 SURVEY CONTROL INDEX SHEET 40 HORIZONTAL AND VERTICAL MONUMENT SHEET 41 DEMOLITION PLAN (SHEET 1 OF 3) 42 DEMOLITION PLAN (SHEET 2 OF 3) 43 DEMOLITION PLAN (SHEET 3 OF 3) 44 ROADWAY PLAN AND PROFILE (SHEET 1 OF 6) 45 ROADWAY PLAN AND PROFILE (SHEET 2 OF 6) 46 ROADWAY PLAN AND PROFILE (SHEET 3 OF 6) 47 ROADWAY PLAN AND PROFILE (SHEET 4 OF 6) 48 ROADWAY PLAN AND PROFILE (SHEET 5 OF 6) 49 ROADWAY PLAN AND PROFILE (SHEET 6 OF 6) 50 INTERSECTION LAYOUTS 51 DRIVEWAY SUMMARY 52 SOUNDWALL PLAN AND PROFILE (SHEET 1 OF 3) 53 SOUNDWALL PLAN AND PROFILE (SHEET 2 OF 3) 54 SOUNDWALL PLAN AND PROFILE (SHEET 3 OF 3) 55 OVERALL LANDSCAPE PLAN 56 IRRIGATION PLAN (SHEET 1 OF 3) 57 IRRIGATION PLAN (SHEET 2 OF 3) 58 IRRIGATION PLAN (SHEET 3 OF 3) 59 IRRIGATION DETAILS & NOTES 60 PLANTING PLAN (SHEET 1 OF 3) 61 PLANTING PLAN (SHEET 2 OF 3) 62 PLANTING PLAN (SHEET 3 OF 3) 63 PLANTING DETAILS 64 ILLUMINATION PLANS (SHEET 1 OF 3) 65 ILLUMINATION PLANS (SHEET 2 OF 3) 66 ILLUMINATION PLANS (SHEET 3 OF 3) 67 SWD-WS (SHEET 1 OF 3) 68 SWD-WS (SHEET 2 OF 3) 69 SWD-WS (SHEET 3 OF 3) 70 PED-12A (SHEET 1 OF 4) 71 PED-12A (SHEET 2 OF 4) 72 PED-12A (SHEET 3 OF 4) 73 PED-12A (SHEET 4 OF 4) 74 GF(31)-14 75 GF(31)DAT-14 76 SGT(8)31-14 77 CRR 78 CITY OF PEARLAND PAVING DETAILS (SHEET 1 OF 2) 79 CITY OF PEARLAND PAVING DETAILS (SHEET 2 OF 2) 80 CITY OF PEARLAND MISCELLANEOUS DETAILS (SHEET 1 OF 3) 81 CITY OF PEARLAND MISCELLANEOUS DETAILS (SHEET 2 OF 3) 82 CITY OF PEARLAND MISCELLANEOUS DETAILS (SHEET 3 OF 3) 00015-2 02-01-2004 7 CITY OF PEARLAND LIST OF DRAWINGS 83 HYDRAULIC COMPUTATIONS 84 DRAINAGE AREA MAPS (SHEET 1 OF 4) 85 DRAINAGE AREA MAPS (SHEET 2 or 4) 86 DRAINAGE AREA MAPS (SHEET 3 OF 4) 87 DRAINAGE AREA MAPS (SHEET 4 OF 4) 88 CULVERT LAYOUTS (SHEET 1 OF 2) 89 CULVERT LAYOUTS (SHEET 2 OF 2) 90 STORM SEWER PLAN & PROFILE (SHEET 1 OF 6) 91 STORM SEWER PLAN & PROFILE (SHEET 2 OF 6) 92 STORM SEWER PLAN & PROFILE (SHEET 3 OF 6) 93 STORM SEWER PLAN & PROFILE (SHEET 4 OF 6) 94 STORM SEWER PLAN & PROFILE (SHEET 5 OF 6) 95 STORM SEWER PLAN & PROFILE (SHEET 6 OF 6) 96 STORM SEWER LATERAL PROFILES (SHEET 1 OF 2) 97 STORM SEWER LATERAL PROFILES (SHEET 2 OF 2) 98 DITCH PLAN & PROFILE (SHEET 1 OF 6) 99 DITCH PLAN & PROFILE (SHEET 2 OF 6) 100 DITCH PLAN & PROFILE (SHEET 3 OF 6) 101 DITCH PLAN & PROFILE (SHEET 4 OF 6) 102 DITCH PLAN & PROFILE (SHEET 5 OF 6) 103 DITCH PLAN & PROFILE (SHEET 6 OF 6) 104 CITY OF PEARLAND DRAINAGE DETAILS (SHEET 1 OF 4) 105 CITY OF PEARLAND DRAINAGE DETAILS (SHEET 2 OF 4) 106 CITY OF PEARLAND DRAINAGE DETAILS (SHEET 3 OF 4) 107 CITY OF PEARLAND DRAINAGE DETAILS (SHEET 4 OF 4) 108 MODIFIED INLET MANHOLE DETAILS 109 SCC-MD 110 SCP-9 111 PW 112 SETP-CD (SHEET 1 OF 2) 113 SETP-CD (SHEET 2 OF 2) 114 SETP-CD-A (SHEET 1 OF 3) 115 SETP-CD-A (SHEET 2 OF 3) 116 SETP-CD-A (SHEET 3 OF 3) 117 JUNCTION BOX DETAILS JB-14X14 STA 19+66 (SHEET 1 OF 2) 118 JUNCTION BOX DETAILS JB-14X14 STA 19+66 (SHEET 2 OF 2) 119 JUNCTION BOX DETAILS JB-14X14 STA 33+93 (SHEET 1 OF 2) 120 JUNCTION BOX DETAILS JB-14X14 STA 33+93 (SHEET 2 OF 2) 121 MS 122 UTILITY LAYOUT (SHEET 1 OF 3) 123 UTILITY LAYOUT (SHEET 2 OF 3) 124 UTILITY LAYOUT (SHEET 3 OF 3) 125 TRAFFIC SIGNAL NOTES 126 EXISTING CONDITION LAYOUT 00015-3 02-01-2004 8 CITY OF PEARLAND LIST OF DRAWINGS 127 PROPOSED TRAFFIC SIGNAL LAYOUT 128 LEGEND FOR PLAN LAYOUT 129 SD/SCFD 130 GBDI 131 OSNS/MD 132 VC/MD 133 CD/PM(APS)PS 134 ED(1)-14 135 ED(3)-14 136 ED(4)-14 137 ED(5)-14 138 ED(6)-14 139 ED(7)-14 140 ED(8)-14 141 SMA-100(1)-12 142 SMA-100(2)-12 143 MA-C-12 144 MA-D-12 145 TS-FD-12 146 LUM-A-12 147 CFA-12 148 SIGNING AND PAVEMENT MARKING LAYOUTS (SHEET 1 OF 3) 149 SIGNING AND PAVEMENT MARKING LAYOUTS (SHEET 2 OF 3) 150 SIGNING AND PAVEMENT MARKING LAYOUTS (SHEET 3 OF 3) 151 R(LUC-1)-04 152 PM(1)-12 153 PM(2)-12 154 PM(4)-12 155 TSR(4)-13 156 TSR(5)-13 157 SMD(GEN)-08 158 SMD(SLIP-1)-08 159 SMD(SLIP-2)-08 160 SMD(SLIP-3)-08 161 SW3P (SHEET 1 OF 3) 162 SW3P (SHEET 2 OF 3) 163 SW3P (SHEET 3 OF 3) 164 CITY OF PEARLAND STORM WATER POLLUTION PREVENTION DETAILS (SHEET 1 OF 2) 165 CITY OF PEARLAND STORM WATER POLLUTION PREVENTION DETAILS (SHEET 2 OF 2) 166 EPIC (SHEET 1 OF 2) 167 EPIC (SHEET 2 OF 2) 168 EC(1)-09 00015-4 02-01-2004 9 CITY OF PEARLAND LIST OF DRAWINGS 169 BORE HOLE LAYOUT (SHEET 1 OF 3) 170 BORE HOLE LAYOUT (SHEET 2 OF 3) 171 BORE HOLE LAYOUT (SHEET 3 OF 3) END OF DOCUMENT 00015-5 02-01-2004 10 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://pearlandionwave.net/Loginsaspic. 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 3 519 Liberty Drive, Pearland, Texas 77581. Electronic bids will be accepted until 2:00 p.m., Tuesday, August 23, 2016. 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: Construct 4-Lane Undivided Fite Road from McLean Road to Veterans Drive City of Pearland, Texas COP PN: TR1202 BID NO.: 0716-46 A mandatory pre -bid conference will be held at the City of Pearland City Hall at 3 519 Liberty Drive, Pearland, Texas 77581 at 2:00 p.m. on August 9, 2016. The project will entail the construction of approximately 2,500 feet of four lane undivided concrete curb and gutter street on undeveloped, existing Right of Way. Slip form construction is required. Utility construction includes approximately 1,500 feet of large diameter concrete box culvert, manholes, inlets and leads. Other work includes intersection signalization, sound wall, sidewalk, street light conduit, metal beam guard fence, slope paving and other ancillary work. 02-2015 00100 - 1 of 3 11 CITY OF PEARLAND INVITATION TO BID Upon award of a contract, the successful Bidder will be required to utilize the City's web based project management software, "Pro-Trak" for the administration of the construction project, including but not limited to, all transmittals and material submittals, RFI's, RFC's, Change Orders, Applications for Payment and all project communications with the City, its Construction Manager and Engineer. This system has certain hardware, internet access and operation requirements that form the basis for all project communications, documentation and records for the project. For more information, see INSTRUCTIONS TO BIDDERS, Section 00200. Electronic Bid Documents: including Contract Documents, Plans and Technical Specifications are available for download on the City's Website at: https://pearland.ionwave.net/Login.asp upon registration. The documents are NOT viewable without registration. These same documents are also available at the following locations. City of Pearland, City Hall Purchasing Department 3519 Liberty Drive Pearland, Texas 77581 (281) 652-1600 Amtek Plan Room (713) 956-0100 4001 Sherwood Houston, TX 77092 The Associated General Contractors of America, Inc. (713) 3 3 4-7100 2400 Augusta, Suite 350 Houston, TX 77057 Virtual Builders Exchange (832) 613-0201 7035 W. Tidwell Building J, Suite 112 Houston, TX 77092 McGrawHill Construction — Dodge Reports 1-800-393-6343 No plan fees or deposits are required for plans and bid documents obtained through the City's E- bid System. BIDDERS MUST REGISTER AS A SUPPLIER ON THE CITY'S E-BID SYSTEM IN ORDER TO SUBMIT A BID EVEN IF BID DOCUMENTS ARE OBTAINED VIA ONE OF THE PLAN HOUSES. Bidders accept sole responsibility for downloading all of the required documents, plans, specifications bid forms and addenda required for bidding. No bid may be withdrawn or terminated for a period of ninety (90) days subsequent to the bid opening date without the consent of the City of Pearland. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s). 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 02-2015 00100 - 2 of 3 12 CITY OF PEARLAND INVITATION TO BID 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. DBE/SBE Goal: The Disadvantaged Business Enterprise (DBE) goal for this project is seven (7 0)%. The Small Business Enterprise (SBE) goal for this project is zero (0)%. DBEs and SBEs selected must be TxDOT approved. Race neutral participation is encouraged and can be achieved through various supplier and subcontracting opportunities. Selection Criteria: The Contract is to be awarded on the basis of Lowest Responsible Bidder. In identifying this criteria the City will consider 1) lowest total bid price for all work listed and specifically requested, including but not limited to: Base Bid, Extra Work items and selected Alternates. The City of Pearland reserves the right to award a contract based on any combination of the above considered to be in its best interests or to reject any or all bids. A bid that has been "opened" may not be changed for the purposes of correcting an error in the bid price. Young Lorfing, TRMC City Secretary, City of Pearland First Publication date July 28, 2016 Second Publication date August 4, 2016 02-2015 00100 - 3 of 3 13 CITY OF PEARLAND LGPP ABBREVIATIONS AND DEFINITIONS SUPPLEMENT Section 00110-T LGPP ABBREVIATIONS AND DEFINITIONS SUPPLEMENT 1. APPLICABILITY Wherever the following terms are used in these specifications or other Contract documents, the intent and meaning will be interpreted as shown below. ABBREVIATIONS AAR AASHTO ACI ACPA AI AIA AISC AISI AITC ALSC AMRL ANLA ANSI APA API APWA AREMA ASBI ASCE ASLA ASME ASNT ASTM AWC AWG AWPA AWPI AWS AWWA BMP CFR CMP COE CRSI DBE DMS EIA EPA FHWA FSS GSA HUB Association of American Railroads American Association of State Highway and Transportation Officials American Concrete Institute American Concrete Pipe Association Asphalt Institute American Institute of Architects American Institute of Steel Construction American Iron and Steel Institute American Institute of Timber Construction American Lumber Standard Committee, Inc. AASHTO Materials Reference Laboratory American Nursery and Landscape Association American National Standards Institute The Engineered Wood Association American Petroleum Institute American Public Works Association American Railway Engineering and Maintenance -of -Way Association American Segmental Bridge Institute American Society of Civil Engineers American Society of Landscape Architects American Society of Mechanical Engineers American Society for Nondestructive Testing American Society for Testing and Materials American Wood Council American Wire Gage American Wood Protection Association American Wood Preservers Institute American Welding Society American Water Works Association Best Management Practices Code of Federal Regulations Corrugated Metal Pipe U.S. Army Corps of Engineers Concrete Reinforcing Steel Institute Disadvantaged Business Enterprise Departmental Material Specification Electronic Industries Alhance United States Environmental Protection Agency Federal Highway Administration, U S. Department of Transportation Federal Specifications and Standards (General Services Administration) United States General Services Administration Historically Underutilized Business 3-2016 OOI I0-T 1 of 12 14 CITY OF PEARLAND LGPP ABBREVIATIONS AND DEFINITIONS SUPPLEMENT ICEA IEEE IESNA IMSA ISO ITS ITE LG LGPP LRFD MASH MPL NCHRP NCR NEC N EMA NEPA NESC NFPA N IST NRM NRMCA N SBA NTPEP OSHA PCA PCI PE PPI PS&E PSL PTI QA QC RCP RPLS RRC SBE SFPA SI SPIB SSPC TAC TCEQ TDLR TGC TMUTCD TxDOT UL USC WRI WWPA Insulated Cable Engineers Association Institute of Electrical and Electronics Engineers Illuminating Engineering Society of North America International Municipal Signal Association International Organization for Standardization Intelligent Transportation System Institute of Transportation Engineers Local Government Local Government Project Procedures Load and Resistance Factor Design Manual for Assessing Safety Hardware Material Producer List (TxDOT document) National Cooperative Highway Research Program Nonconformance Report (TxDOT form) National Electrical Code (Published by NFPA) National Electrical Manufacturers Association National Environmental Policy Act National Electrical Safety Code National Fire Protection Association National Institute of Standards and Technology Nonhazardous Recyclable Material National Ready Mixed Concrete Association National Steel Bridge Alliance National Transportation Product Evaluation Program Occupational Safety & Health Administration, U.S. Depaitmuent of Labor Portland Cement Association Precast/Prestressed Concrete Institute Professional Engineer Plastics Pipe Institute Plans, Specifications, and Estimates Project -Specific Location Post -Tension Institute Quality Assurance Quality Control Reinforced Concrete Pipe Registered Public Land Surveyor Railroad Commission of Texas Small Business Enterprise Southern Forest Products Association International System of Units Southern Pine Inspection Bureau The Society for Protective Coatings Texas Administrative Code Texas Commission on Environmental Quality Texas Depai tinent of Licensing and Regulation Texas Government Code Texas Manual on Uniform Traffic Control Devices Texas Department of Transportation Underwriters Laboratory, Inc. United States Code Wire Reinforcement Institute Western Wood Products Association 3-2016 001 10-T 2 of 12 15 CITY OF PEARLAND LGPP ABBREVIATIONS AND DEFINITIONS SUPPLEMENT 3. 3.1. 32 DEFINITIONS Abrasive Blasting. Spraying blasts of pressurized air combined with abrasive media. Actual Cost. Contractor's actual cost to provide labor, material, equipment, and project overhead necessary for the work. 3.3. Addendum. Change in bid documents developed between advertising and bid submittal deadline. 3.4. Additive Alternate. A bid item contained in the bid documents that is not a regular item or a replacement alternate bid item. The additive alternate items include work that may be added to the base bid work 3.5. Deductive Alternate. A bid item contained in the bid documents that is not a regular item or a replacement alternate bid item The deductive alternate items include work that may be deducted from the base bid work. 3.6. Advertisement. The public announcement required by law inviting bids for work to be performed or materials to be furnished. 3.7. Affiliates. Two or more firms are affiliated if they share common officers, directors, or stockholders; a family member of an officer, director, or stockholder of one firm serves in a similar capacity in another of the firms; an individual who has an interest in or controls a part of, one firm either directly or indirectly also has an interest in, or controls a part of, another of the firms; the firms are so closely connected or associated that one of the firms, either directly or indirectly, controls or has the power to control another firm; one firm controls or has the power to control another of the firms; or the firms are closely allied through an established course of dealings, including but not limited to, the lending of financial assistance. 3.8. Air Blasting. Spraying blasts of pressurized air free of oil and moisture. 3.9. Air Temperature. The temperature measured in degrees Fahrenheit (°F) in the shade, not in the direct rays of the sun, and away from artificial heat. 3.10. Anticipated Profit. Profit for work not performed 3.11. Apparent Low Bidder. The Bidder determined to have the numerically lowest total bid as a result of the tabulation of bids by the Owner. 3.12. Architect of Record. A person registered as an architect or licensed as a landscape architect, in accordance with State law, exercising overall responsibility for the design or a significant portion of the design and performs certain Contract administration responsibilities as described in the Contract; or a firm employed by the Owner to provide professional architectural services. 3.13. Arterial Highway. A highway used primarily for through traffic and usually on a continuous route. 3.14. Notice of Award. The Owner's acceptance of a Contractor's bid for a proposed Contract that authorizes the Owner to enter into a Contract. 3.15. Base Bid. The total bid amount without additive alternates. 3-2016 00110-T 3 of12 16 CITY OF PEARLAND LGPP ABBREVIATIONS AND DEFINITIONS SUPPLEMENT 3.16. Bid. The offer from the Bidder for performing the work described in the bid documents, submitted on the prescribed bid form, considering addenda issued and giving unit bid prices for performing the work described in the bid documents. 3.17. Bid Bond. The security executed by the Contractor and the Surety furnished to the Owner to guarantee payment of liquidated damages if the Contractor fails to enter into an awarded Contract. 3.18. Bid Documents. The complete set of documents necessary for a Bidder to submit a bid. The documents may include plans specifications, special specifications, special provisions, addenda, and the prescribed form a Bidder is to submit as the Bid. Other terms used may include general conditions, project manual, instructions to bidders, and construction specifications. 3.19. Bid Error. A mathematical mistake made by a Bidder in the unit price entered into the bid documents. 3 20 Bid Form. The portion of the bid documents that a prospective Bidder must submit to the Owner for their bid to be considered. 3.21. Bidder. An individual, partnership, limited liability company, corporation, or joint venture submitting a bid for a proposed Contract. 3.22. Blast Cleaning. Using one of the blasting methods, including, but not limited to, water blasting, low-pressure water blasting, high-pressure water blasting, abrasive blasting, water -abrasive blasting, shot blasting, slurry blasting, water injected abrasive blasting, and brush blasting. 3 23 Bridge. A structure, including supports, erected over a depression or an obstruction (e.g., water, a highway, or a railway) having a roadway or track for carrying traffic or other moving loads, and having an opening measured along the center of the roadway of more than 20 ft. between faces of abutments, spring lines of arches, or extreme ends of the openings for multiple box culverts. 3.24. Brush Blasting. Sweeping lightly with an abrasive blast to remove loose material. 3.25. Building Contract. A Contract entered under State law for the construction or maintenance of an Owner building or appurtenance facilities. Building Contracts are considered to be construction Contracts. 3.26. Certificate of Insurance. A form approved by the Owner covering insurance requirements stated in the Contract. 3 27 Change Order. Written order to the Contractor detailing changes to the specified work, item quantities or any other modification to the Contract. 3 28 Concrete Construction Joint. A joint formed by placing plastic concrete in direct contact with concrete that has attained its initial set 3.29. Concrete Repair Manual. TxDOT manual specifying methods and procedures for concrete repair as an extension of the standard specifications. 3.30. ConcreteWorkso. TxDOT-owned software for concrete heat analysis. Software is available on the TxDOT's website. 3.31. Construction Contract. A Contract entered under State law for the construction, reconstruction, or maintenance of a segment of the Owner's transportation system. 3-2016 00110-T 4 of 12 17 CITY OF PEARLAND LGPP ABBREVIATIONS AND DEFINITIONS SUPPLEMENT 3.32. Consultant. The licensed professional engineer or engineering firm, or the architect or architectural firm registered in the State of Texas and under Contract to the Owner to perform professional sei vices. The consultant may be the Engineer or architect of record or may pi ovide services through and be subconti acted to the Engineer or architect of record. 3.33. Contract. The agreement between the Owner and the Contractor establishing the obligations of the parties for furnishing of materials and performance of the work prescribed in the Contract documents. 3.34. Contract Documents. Elements of the Contract, including, but not limited to, the plans, specifications incorporated by reference, special provisions, special specifications, Contract bonds, change orders, addendums and supplemental agreements. 3.35. Contract Time. The number of days specified for completion of the work, including authorized additional working days. 3.36. Contractor. The individual, partnership, limited liability company, corporation, or joint venture and all principals and representatives with which the Contract is made by the Owner. 3.37. Controlled Access Highway. Any highway to or from which access is denied or controlled, in whole or in part, from or to abutting land or intersecting streets, roads, highways, alleys, or other pubhc or private ways. 3.38. Control of Access. The condition in which the right to access of owners or occupants of abutting land or other persons in connection with a highway is fully or partially controlled by public authority 3.39. Control Point. An established point shown on the plans to provide vertical and horizontal references for geometric control for construction. 3.40. Cross -Sections. Graphic representations of the original ground and the proposed facility, at right angles to the centerline or base line. 3.41. Culvert. Any buried structure providing anopening under a roadway for drainage or other purposes. Culverts may also be classified as bridges. (See Section 1 3 23 , `Bridge.") 3.42. 3.43. 3.44. Cycle. The activity necessary for performing the specified work within the right of way project limits once. Daily Road -User Cost. Damages based on the estimated daily cost of inconvenience to the traveling public resulting from the work. Date of Written Authorization. Date of the written Notice to Proceed authorizing the Contractor to begin work 3.45. Debar (Debarment). Action taken by the Owner, State, or federal government pursuant to regulation that prohibits a person or company from entering into a Contract, or from participating as a subcontractor, or supplier of materials or equipment used in a highway improvement Contract as defined in local, state or federal law. 3.46. Detour. A temporary traffic route around a closed portion of a road. 3-2016 001 10-T 5 of 12 18 CITY OF PEARLAND LGPP ABBREVIATIONS AND DEFINITIONS SUPPLEMENT 3.47. Department. When used in the context of the party with whom the Contractor has a Construction Contract, Department refers to Owner. When used in other contexts such as technical specifications, refers to the Texas Department of Transportation. 3.48. Departmental Material Specifications. Reference specifications for various materials published by TxDOT's Construction Division with a DMS-XXXXX numbering system. 3.49. Direct Traffic Culvert. Concrete box culvert whose top slab is used as the final riding surface or is to have an overlay or other riding surface treatment. 3.50. Disadvantaged Business Enterprise. A small business certified through the Texas Unified Certification Program in accordance with 49 CFR Part 26, that is at least 51% owned by one or more socially and economically disadvantaged individuals, or in the case of a publicly owned business, in which is at least 51% of the stock is owned by one or more socially and economically disadvantaged individuals, and whose management and daily business operations are controlled by one or more of the individuals who own it. 3.51. Divided Highway. A highway with separate roadways intended to move traffic in opposite directions. 3.52. Easement. A real property right acquired by one party to use land belonging to another party for a specified purpose. 3.53. Engineer. The Professional Engineer licensed in Texas who represents the interests of the Owner. 3.54. Entity. Political subdivision for which the project is designed and constructed. Either a Municipality (City) or a County or other entity organized under the authority of State of Texas statutes. May also be referred to as an Owner. 3.55. Expressway. A divided arterial highway for through traffic with full or partial control of access and generally with grade separations at intersections. 3.56. Family Member. A family member of an individual is the individual's parent, parent's spouse, step-parent, step -parent's spouse, sibling, sibling s spouse, spouse, child, child's spouse spouse's child, spouse s child's spouse, grandchild, grandparent, uncle, uncle s spouse, aunt, aunt's spouse, first cousin, or first cousin's spouse 3.57. Force Account. Payment for directed work based on the actual cost of labor, equipment, and materials furnished with markups for project overhead and profit. 3.58. Freeway. An expressway with full control of access. 3.59. Frontage Road. A local street or road auxiliary to and located along an arterial highway for service to abutting property and adjacent areas and for control of access (sometimes known as a service road, access road, or insulator road). 3.60. Hazardous Materials or Waste. Hazardous materials or waste include, but are not Limited to, explosives, compressed gas, flammable liquids, flammable solids, combustible liquids, oxidizers, poisons, radioactive materials corrosives, etiologic agents, and other material classified as hazardous by 40 CFR 261, or applicable state and federal regulations. 3.61. High -Pressure Water Blasting. Water blasting with pressures between 5,000 and 10,000 psi. 3-2016 00110-T 6 of 12 19 CITY OF PEARLAND LGPP ABBREVIATIONS AND DEFINITIONS SUPPLEMENT 3.62. Highway, Street, or Road. General terms denoting a public way for purposes of vehicular travel, including the entire area within the right of way. Recommended usage in urban areas is highway or street; in rural areas, highway or road. 3.63. Historically Underutilized Business. A corporation, sole proprietorship, partnership, or joint venture formed for the purpose of making a profit certified by the Texas Comptroller of Public Accounts, and 51% owned by one or more persons who are economically disadvantaged because of their identification as members of certain groups, including African Americans, Hispanic Americans, Asian -Pacific Americans, Native Americans, or women, and have a proportionate interest and demonstrate active participation in the control, operation, and management of the business' affairs. Individuals meeting the HUB definition are required to be residents of the State of Texas. Businesses that do not have their primary headquarters in the State of Texas are not eligible for HUB certification. 3.64. Incentive/D►sincentive Provisions. An adjustment to the Contract price of a predetermined amount for each day the work is completed ahead of or behind the specified milestone, phase, or Contract completion dates. The amount of the incentive/disincentive is determined based on estimated costs for engineering, traffic control, delays to the motorists, and other items involved in the Contract. 3.65. Independent Assurance Tests. Tests used to evaluate the sampling and testing techniques and equipment used in the acceptance program. The tests are performed by the Owner or the Owner's representative and are not used for acceptance purposes. 3.66. Inspector. The person assigned by the Owner to inspect any or all parts of the work and the materials used for compliance with the Contract. 3.67. Intelligent Transportation System. An integrated system that uses video and other electronic detection devices to monitor traffic flows. 3.68. Intersection. The general area where 2 or more highways, streets, or roads join or cross, including the roadway and roadside facilities for traffic movements within it. 3.69. Island. An area within a roadway from which vehicular traffic is intended to be excluded, together with any area at the approach occupied by protective deflecting or warning devices. 3.70. Joint Venture. Any combination of individuals, partnerships, limited liability companies, or corporations submitting a single bid form. 3.71. Lane Rental. A method to assess the Contractor daily or hourly rental fees for each lane, shoulder, or combination of lanes and shoulders taken out of service. 3.72. Letting. The receipt, opening, tabulation, and determination of the apparent low Bidder. 3.73. Licensed Professional Engineer. A person who has been duly licensed by the Texas Board of Professional Engineers to engage in the practice of engineering in the State of Texas; also referred to as a Professional Engineer. 3.74. Limits of Construction. An area with established boundaries identified within the highway right of way and easements, where the Contractor is permitted to perform the work. 3.75. Local Street or Road. A street or road primarily for access to residence, business, or other abutting property. 3-2016 001 10-T 7 of 12 20 CITY OF PEARLAND LGPP ABBREVIATIONS AND DEFINITIONS SUPPLEMENT 3.76. Low -Pressure Water Blasting. Water blasting with pressures between 3,000 and 5,000 psi. 3.77. Major Item An item of work included in the Contract that has a total cost equal to of greater than 5% of the original Contract or $100,000 whichever is less. A major item at the time of bid will remain a major item. An item not originally a major item does not become one through the course of the Contract. 3.78. Material Producer List. TxDOT-maintained list of approved products. Referenced as `Department's MPL". 3.79. Materially Unbalanced Bid. A bid that generates a reasonable doubt that award to the Bidder submitting a mathematically unbalanced bid will result in the lowest ultimate cost to the Owner. 3.80. Mathematically Unbalanced Bid. A bid containing bid prices that do not reflect reasonable actual costs plus a reasonable proportionate share of the Bidder's anticipated profit, overhead costs, and other indirect costs. 3.81. Median. The portion of a divided highway separating the traffic lanes in opposite directions. 3.82. Milestone Date. The date that a specific portion of the work is to be completed, before the completion date for all work under the Contract. 3.83. Monolithic Concrete Placement. The placement of plastic concrete in such manner and sequence to prevent a construction joint. 3.84. National Holidays. January 1, the last Monday m May, July 4, the first Monday in September, the fourth Thursday in November, and December 24 or December 25. 3.85. Nonhazardous Recyclable Material. A material recovered or diverted from the nonhazardous waste stream for the purposes of reuse or recycling in the manufacture of products that may otherwise be produced using raw or virgin materials. 3.86. Nonresident Bidder. A Bidder whose principal place of business is not in Texas. This includes a Bidder whose ultimate parent company or majority owner does not have its principal place of business in Texas. 3.87. Nonresponsive Bid. A bid that does not meet the criteria for acceptance contained in the bid documents. 3.88. Non -Site -Specific Contracts. Contracts in which a geographic region is specified for the work and for which work orders, with or without plans, further detail the limits and work to be performed. 3.89. Notice to Proceed, Written notification to the Contractor authorizing work to begin. 3.90. Notification. Either written or oral instruction to the Contractor concerning the work. Voice mail is oral notification. 3.91. Owner Political subdivision for whom the project is designed and constructed. Either a Municipality (City), a County or other entity organized under the authority of State of Texas statutes. May also be referred to as an Entity. 3.92. Pavement. That part of the roadway having a constructed surface for the use of vehicular traffic. 3-2016 00110-T 8 of 12 21 CITY OF PEARLAND LGPP ABBREVIATIONS AND DEFINITIONS SUPPLEMENT 3.93. Pavement Structure. Combination of surface course and base course placed on a subgrade to support the traffic load and distribute it to the roadbed 3.93.1. Surface Course. Pavement structure layers designed to accommodate the traffic load. The top layer resists skidding, traffic abrasion and the disintegrating effects of climate and is sometimes called the wearing course. 3.93.2. Base Course. One or more layers of specified material thickness placed on a subgrade to support a surface course. 3.93.3. Subgrade. The top surface of a roadbed upon which the pavement structure, shoulders, and curbs are constructed. 3.93.4. Subgrade Treatment. Modifying or stabilizing material in the subgrade. 3.94. Payment Bond. The security executed by the Contractor and the Surety, furnished to the Owner to guarantee payment of all legal debts of the Contractor pertaining to the Contract. 3.95. Performance Bond. The security executed by the Contractor and the Surety, furnished to the Owner to guarantee the completion of the work in accordance with the terms of the Contract. 3.96. Plans. The approved drawings, including true reproductions of the drawings that show the location, character, dimensions, and details of the work and are a part of the Contract. 3.97. Power of Attorney for Surety Bonds. An instrument under corporate seal appointing an attorney -in -fact to act on behalf of a Surety in signing bonds. 3.98. Qualification. The process for determining a Contractor's eligibility to be awarded a construction contract 3.99. Prequalification. The process for determining a Contractor's eligibility to bid work. 3.100. Prequalification Statement. The forms on which required information is furnished concerning the Contractor's ability to perform and finance the work. 3.101. Prequalified Contractor. A contractor that is approved to bid on TxDOT contracts by satisfying their Prequalification Process. 3.102. Post Qualfication. The owner will determine if contractors are qualified to bid on the project after bids aie open. The bid documents will identify the minimum requirements that contractor must meet to be qualified for the project. Unqualified contractors' bids will be considered non- responsive and not accepted. 3.103. Project -Specific Location. A material source, plant, waste site, parking area, storage area, field office, staging area, haul road, or other similar location either outside the project limits or within the project limits but not specifically addressed in the Contract. 3.104. Proposal Guaranty. The security furnished by the Bidder as a guarantee that the Bidder will enter into a Contract if awarded the work. 3.105. Purchasing Officer. The Owner representative empowered by the Owner to officially receive bids and close the receipt of bids at a letting. 3-2016 00110-1' 9 of 12 22 CITY OF PEARLAND LGPP ABBREVIATIONS AND DEFINITIONS SUPPLEMENT 3.106. Quality Assurance. Sampling, testing, inspection, and other activities conducted by the Engineer to determine payment and make acceptance decisions. 3.107. Quality Control. Sampling, testing, and other process control activities conducted by the Contractor to monitor production and placement operations. 3.108. Ramp. A section of highway for the primary purpose of making connections with other highways. 3.109. Referee Tests. Tests requested to resolve differences between Contractor and Owner test results. The referee laboratory is the Owners . 3.110. Regular Item. A bid item contained in the bid documents and not designated as an additive alternate or replacement alternate bid item. 3.111. Rental Rate Blue Book for Construction Equipment. Publication containing equipment rental rates. 3.112. Replacement Alternate. A bid item identified on the bid documents that a Bidder may substitute for a specific regular item of work. 3.113. Responsive Bid. A bid that meets all requirements of the advertisement and the bid documents for acceptance. 3.114. Right of Way. A general term denoting land or property devoted to transportation purposes. 3.115. Roadbed. The graded portion of a highway prepared as foundation for the pavement structure and shoulders. On divided highways the depressed median type and the raised median type highways are considered to have 2 roadbeds Highways with a flush median are considered to have 1 roadbed Frontage roads are considered separate roadbeds. 3.116. Road Master. A railroad maintenance official in charge of a division of railway. 3.117. Roadside. The areas between the outside edges of the shoulders and the right of way boundaries. Unpaved median areas between inside shoulders of divided highways and areas within interchanges are included. 3.118. 3.119. 3.120. 3.121. Roadway. The portion of the highway (including shoulders) used by the traveling public. Sandblasting, Dry. Spraying blasts of pressurized air combined with sand. Sandblasting, Wet. Spraying blasts of pressurized water combined with sand. Shoulder. That portion of the roadway contiguous with the traffic lanes for accommodation of stopped vehicles for emergency use or for lateral support of base and surface courses. 3.122. Shot Blasting. Spraying blasts of pressurized air combined with metal shot. 3.123. Sidewalk. Portion of the right of way constructed exclusively for pedestrian use. 3.124. Slurry Blasting. Spraying blasts of pressurized air combined with a mixture of water and abrasive media. 3.125. Special Provisions. Additions or revisions to these standard specifications or special specifications. 3-2016 00110-T 10 of12 23 CITY OF PEARLAND LGPP ABBREVIATIONS AND DEFINITIONS SUPPLEMENT 3.126. Special Specifications. Supplemental specifications applicable to the Contract not covered by these standard specifications. 3.127. Specifications. Directives or requirements issued or made pertaining to the method and manner of performing the work or to quantities and qualities of materials to be furnished under the Contract. References to DMSs, ASTM or AASHTO specifications, or TxDOT bulletins and manuals, imply the latest standard or tentative standard in effect on the date of the bid. The Owner will consider incorporation of subsequent changes to these documents in accordance with Item 4L, Scope of Work." 3.128. Small Business Enterprise. A firm (including affiliates) whose annual gross receipts do not exceed the U.S. Small Business Administration's size standards for 4 consecutive years. 3.129. State. The State of Texas. 3.130. State Holiday. A holiday authorized by the State Legislature excluding optional state holidays and not listed in Section 1.3.85., "National Holidays " A list of state holidays can be found on the TxDOT s website. 3.131. Station. A unit of measurement consisting of 100 horizontal feet. 3.132. Subcontract. The agreement between the Contractor and subcontractor establishing the obligations of the parties for furnishing of materials and performance of the work prescribed in the Contract documents. 3.133. Subcontractor. An individual, partnership, limited liability company, corporation, or any combination thereof that the Contractor sublets, or proposes to sublet, any portion of a Contract, excluding a material supplier, a hauling firm hauling only from a commercial source to the project, truck owner -operator, wholly -owned subsidiary, or specialty -type businesses such as security companies and rental companies. 3.134. Subsidiary. Materials labor, or other elements that because of their nature or quantity have not been identified as a separate item and are included within the items on which they necessarily depend. 3.135. Substructure. The part of the structure below the bridge seats, but not including bearings, drilled shafts or piling Parapets back walls, wing walls of the abutments, and drainage structures are considered parts of the substructure 3.136. Superintendent. The representative of the Contractor who is available at all times and able to receive instructions from the Owner or authorized Owner representatives and to act for the Contractor 3.137. Superstructure. The part of the structure above the bridge seats or above the springing lines of arches and including the bearings. Flatwork construction may be considered superstructure. 3.138. Supplemental Agreement. Written agreement entered into between the Contractor and the Owner and approved by the Surety, covering alterations and changes in the Contract A supplemental agreement is used by the Owner whenever the modifications include assignment of the Contract from one party to another or other cases as desired by the Owner. 3.139. Surety. The corporate body or bodies authorized to do business in Texas bound with and for the Contractor for the faithful performance of the work covered by the Contract and for the payment for all labor and material supplied in the prosecution of the work. 3-2016 00110-T 11 of 12 24 CITY OF PEARLAND LGPP ABBREVIATIONS AND DEFINITIONS SUPPLEMENT 3.140. Surplus Materials. Any debris or material related to the Contract but not incorporated into the work. 3.141. Suspension. Action taken by the Owner, State, or federal government pursuant to regulation that prohibits a person or company from entering into a Contract, or from participating as a subcontractor, or supplier of materials or equipment used in a contract 3.142. Tex—XXX-X. TxDOT material test methods found on TxDOT's Construction Division Web Site. 3.143. Traffic Lane. The strip of roadway intended to accommodate the forward movement of a single line of vehicles 3.144. Traveled Way. The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. 3.145. Truck Owner -Operator. An individual who owns and operates 1 truck for hire. 3.146. UT -Bridge. TxDOT-owned software for steel girder erection. Software is available on TxDOT's website. 3.147. UT -Lift. TxDOT-owned software for steel girder erection. Software is available on TxDOT's website 3.148. Utility. Privately, publicly, or cooperatively owned lines, facilities, and systems for producing, transmitting, or distributing communications, power heat, gas, oil, water, waste, or storm water that are not connected with the highway drainage, signal systems, or other products that directly or indirectly serve the public; the utility company. 3.149. 3.150. 3.151. 3.152. Verification Tests. Tests used to verify accuracy of QC and QA and mixture design testing Water -Abrasive Blasting. Spraying blasts of pressurized water combined with abrasive media. Water Blasting. Spraying blasts of pressurized water of at least 3,000 psi. Water -Injected Abrasive Blasting. Abrasive blasting with water injected into the abrasive/air stream at the nozzle. 3.153. Wholly -Owned Subsidiary. A legal entity owned entirely by the Contractor or subcontractor. 3.154. Work. The furnishing of all labor, materials, equipment, and other incidentals necessary for the successful completion of the Contract. 3.155. Written Notice. Written notice is considered to have been duly given if delivered in person to the individual or member to whom it is intended or if sent by regular, registered, or certified mail and delivered to the last known business address; sent by facsimile to the last known phone number; or sent by e-mail to the last known address. The date of the letter will serve as the beginning day of notice. Unclaimed mail or failure to provide current mailing address will not be considered a failure to provide written notice. 3-2016 00110-T 12 of 12 25 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Section 00200 INSTRUCTIONS TO BIDDERS • 1. Defined Terms 1.1 The term "Owner" hereinafter is defined as the City of Pearland and is used interchangeably with the term "the City". Both terms are synonymous and refer to the City. 1.2 The term "Bidder" means one who submits a Bid Proposal directly to Owner, as distinct from a sub -bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest responsible Bidder to whom the Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bid Documents" includes the Invitation to Bidders, Instructions to Bidders, the Bid Proposal, and the proposed Contract Documents (including all Addenda issued prior to receipts of bids). 1.3 The term "E-bid System" refers to the City's electronic bidding system. This is a web - based system that provides all Bid Documents electronically to potential Bidders and forms the pathway for interested Bidders to submit bids in response to advertisement and invitation. The term "e-bid" and/ or "electronic bid" means the Bidders' electronic response submitted on the electronic Bid Proposal to the Owner by way of the E-bid System. The terms "electronic bid" or "e-bid" are used inter -changeably to describe the above bid process to submit an authorized bid to the City in response to an Invitation to Bidders. 1.4 The term "Pro-Trak" means the City's web -based contract administration and construction records management system used by involved parties to administer the project. This system serves as the web accessed centralized information distribution hub for communications and document management, pay application processing and record retention for all project documentation. Operational instructions for this system will be issued to the successful Bidder at the pre -Construction Meeting. 1.5. All other definitions set out in the Contract Documents are applicable to terms used in the Bidding Documents. 1.6 Unless otherwise expressly provided herein, all references to "day(s)" shall mean consecutive calendar day(s). 2. Registration for E-bid System 2.1 The Owner's E-bid System is accessible via the City's web site at 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) 12-2014 00200 - 1 of 8 26 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: 1) A brief narrative of previous experience of the Bidder with projects of a similar nature and scope; 12-2014 00200 - 2 of 8 27 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 iely 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 12-2014 00200 - 3 of 8 28 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 12-2014 00200 - 4 of 8 29 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS business hours of the Bid Opening. Bid Security shall be delivered to: Office of City Purchasing, Finance Department, 2 u 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 Food 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 12-2014 00200 - 5 of 8 30 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/Login.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, 3 519 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. 12-2014 00200 - 6 of 8 31 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 12-201 d 00200 - 7 of 8 32 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. 20. Retainage 20.1 Provisions concerning retainage are set forth in the Contract Documents. END OF SECTION 12-2014 00200 - 8 of 8 33 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS APPENDIX: LGPP BID CHECKLIST Section 00200A-T INSTRUCTIONS TO BIDDERS APPENDIX: LGPP BID CHECKLIST Items checked below represent components, which comprise this Bid Package If the item is not designated on the left side of the form by the City of Peailand it is not applicable to this Bid. Bidders are asked to review the Package to ensure that all applicable parts have been included. It is the Bidder's responsibility to be thoroughly familiar with all Bid Requirements and Specifications. B'dder must check the right-hand column when task is completed. Include this form with the Bid Proposal Package. X 1. SECTION 00100 AND 00200 — BID SECURITY This Bid Security in the amount of 5% of the bidder's maximum Bid Proposal price made payable to the City Of Pearland. X 2. SECTION 00300 — BID PROPOSAL All items must have a value entered and addendum acknowledged in writing. Failure to do so will cause Bid(s) to be rejected. X 3. SECTION 00850 — NON -COLLUSION STATEMENT AND AFFIDAVIT Bidder must submit with Bid Package. Failure to do so will cause Bid(s) to be rejected X 4. SECTION 00850 — DEBARMENT CERTIFICATION Bidder must submit with Bid Package. Failure to do so will cause Bid(s) to be rejected. X 5. SECTION 00850 — CHILD SUPPORT STATEMENT Bidder must submit with Bid Package. Failure to do so will cause Bid(s) to be rejected. X 6. SECTION 00850 — CERTIFICATION REGARDING LOBBYING Bidder must submit with Bid Package. Failure to do so will cause Bid(s) to be rejected. X 7. SECTION 00850 — STATEMENT FOR LOAN GUARANTEES AND INSURANCE Bidder must submit with Bid Package if applicable for the bidder on this project. X 8. SECTION 00850 — CONTRACTORS ACKNOWLEDGEMENT OF STORMWATER MANAGEMENT PROGRAM Bidder must submit with Bid Package. THE FOLLOWING ITEMS APPLY ONLY TO THE BIDDER WHO WILL BE ISSUED A NOTICE OF INTENT TO AWARD THE PROJECT SUBMIT WITHIN 10 DAYS AFTER WRITTEN NOTIFICATION OF AWARD: X 9. WORKERS' COMPENSATION Bidder must submit with Bid Package per Attachment 1. 3-2016 00200A-T 1 of 2 34 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS APPENDIX: LGPP BID CHECKLIST X 10. EMPLOYERS' LIABILITY INSURANCE Bidder must submit with Bid Package per Attachment 3 X 11. COMMERCIAL GENERAL LIABILITY INSURANCE Bidder must submit with Bid Package per Attachment 3 X 12. BUSINESS AUTOMOBILE LIABILITY INSURANCE Bidder must submit with Bid Package per Attachment 3 X 13. SECTION 00500 — STANDARD FORM OF AGREEMENT This Agreement MUST be signed by an officer or authorized representative prior to the award of Bid. Contract is not binding until countersigned by the City of Pearland City Manager. X 14. SECTION 00610 - PERFORMANCE BOND REQUIREMENTS Performance Bond in the amount of 100% of the contract price. X 15. SECTION 00611 - PAYMENT BOND REQUIREMENTS Payment Bond in the amount of 100% of the contract price. X 16. DBE COMMITMENT If awarded contract, DBE Commitment must be submitted, if applicable. X 17. TxDOT FORM 1560 If awarded contract, Form 1560 must be submitted, if applicable. 3-2016 00200A-T 2 of 2 35 CITY OF PEARLAND LGPP SUPPLEMENT TO INSTRUCTIONS TO BIDDERS Section 00210-T LGPP SUPPLEMENT TO INSTRUCTIONS TO BIDDERS 1. ELIGIBILITY OF BIDDERS Bidders on this project must be prequalified though TxDOT. Refer to TxDOT's web site for prequalification requirements. Assure prequalification documents are submitted to TxDOT at least 14 days before bid opening. Comply with all technical prequalification requirements in the bid documents 2. ISSUING BID DOCUMENTS The Owner will not issue bid documents if one or more of the following apply: the Bidder is prohibited from rebidding a specific project due to a bid error on the original bid documents, the Bidder failed to enter into a Contract on the original award, the Bidder was defaulted or terminated on the original Contract, unless the Owner terminated for convenience, or the Bidder or a subsidiary or affiliate of the Bidder has received compensation from the Owner to participate in the preparation of the plans or specifications on which the bid or Contract is based 3. INTERPRETING ESTIMATED QUANTITIES The quantities listed in the bid documents are approximate and will be used for the comparison of bids Payments will be made for actual quantities of work performed in accordance with the Contract. 4. EXAMINING DOCUMENTS AND WORK LOCATIONS Examine the bid documents and specified work locations before submitting a bid for the work. Submitting a bid will be considered evidence that the Bidder has performed this examination. Borings, soil profiles, water elevations, and underground utilities shown on the plans were obtained for the use of the Owner in the preparation of plans. This information is provided for the Bidder's information only and the Owner makes no representation as to the accuracy of the data. Be aware of the difficulty of accurately classifying all material encountered in making foundation mvestigations, the possible erosion of stream channels and banks after survey data have been obtained, and the unreliability of water elevations other than for the date recorded. Oral explanations, instructions, or consideration for Contractor -proposed changes in the bid documents given during the bidding process are not binding Only requirements included in the bid documents and Owner -issued addenda are binding. Request explanations of documents at least five(5) days prior to the bid opening. Immediately notify the Owner of any error, omission, or ambiguity discovered in any part of the bid documents. The Owner will issue addenda when appropriate. 3-2016 00210-T 1 of 3 36 CITY OF PEARLAND LGPP SUPPLEMENT TO INSTRUCTIONS TO BIDDERS 5. PREPARING THE BID Prepare the bid form furnished by the Owner. Informational bid forms printed from the Owner's website will not be accepted. Specify a unit price in dollars and cents for each regular item, additive alternate item, deductive alternate item or replacement alternate item for which an estimated quantity is given. When "Working Days" is an item, submit the number of working days to be used to complete the Contract or phases of the Contract. The Owner will not accept an incomplete bid. A bid that has one or more of the deficiencies listed below is considered incomplete: ■ the bid form was not signed, ■ all certifications were not acknowledged, ■ a regular item, additive alternate item or deductive alternate item is left blank, ■ a regular item and the corresponding replacement alternate item are left blank, ■ the bid form submitted had the incorrect number of items, or ■ all addenda were not acknowledged 6. NONRESPONSIVE BID The Owner will not accept a nonresponsive bid A bid that has one or more of the deficiencies listed below is considered nonresponsive: ■ The bid was not submitted at the time and location specified in the advertisement. ■ A bid was submitted for the same project by a Bidder or Bidders and one or more of its partners or affiliates. ■ The Bidder failed to acknowledge receipt of all addenda issued. ■ The bid form was signed by a person who was not authorized to bind the Bidder or Bidders. ■ The bid guaranty did not comply with the requirements contained in this Item ■ The bid was in a form other than the official bid form issued by the Owner. ■ The Bidder modified the bid in a manner that altered the conditions or requirements for work as stated in the bid documents. ■ The Bidder bid more than the maximum or less than the minimum number of allowable working days when working days was an item. ■ The Bidder did not attend a specified mandatory pre -bid conference. ■ The Bidder did not meet the requirements of the technical qualification. ■ The Bidder did not include a signed State of Texas Child Support Business Ownership Form. ■ The Bidder is not prequalified by TxDOT ■ The bidder does not meet the Owner s qualification requirements. 7. TABULATING BIDS 7.1. Interpretation of Unit Prices. The Owner will make a documented determination of the unit bid price if a unit bid price is illegible or conflicting in the case of replacement alternate items. The Owner's determination will be final. 7.1.1. "Buy America." Comply with Buy America in accordance with 00790-T Control of Materials, Legal Relations & Responsibilites Section 1.1.. For a Bidder who proposes to use foreign steel or iron materials to be considered the apparent low Bidder, their total bid must be at least 25% lower than the next lowest bid if that bid proposes to use domestic steel or iron materials. 3-2016 00210-T 2 of 3 37 CITY OF PEARLAND LGPP SUPPLEMENT TO INSTRUCTIONS TO BIDDERS This requirement does not apply to minimal use of steel or iron materials provided that the total cost of all foreign source items used in the project, as delivered to the project site, is less than $2,500 or one -tenth -of -one -percent (1/10 of 1%) of the Contract amount, whichever is greater 8. CONSIDERATION OF BID ERRORS. The Owner will consider a claim of a bid error by the apparent low Bidder if the following requirements have been met. Submit written notification to the Owner within 5 business days after the date the bid is opened. Identify the items of work involved and include bidding documentation. The Owner may request clarification of submitted documentation. The Owner will evaluate the claim of an error by the apparent low Bidder by considering the following: The bid error relates to a material item of work. The bid error amount is a significant portion of the total bid. The bid error occurred despite the exercise of ordinary care. The delay of the proposed work will not impact cost and safety to the public. Acceptance of the bid error claim by the Owner will result in the rejection of the bid of the apparent low bidder .and the Owner may consider the second responsive bid The erring Contractor will not be allowed to bid the project if it is relet. Rejection of bids due to the Contractor's bid error may result in the application of sanctions by the Owner. 9. TIE BIDS If the official total bid amount for 2 or more Bidders is equal and those bids are the lowest submitted, each tie Bidder will be given an opportunity to withdraw their bid. If 2 or more tie Bidders do not withdraw their bids, the low Bidder will be determined by a coin toss. If all tie Bidders request to withdraw their bids, no withdrawals will be allowed and the low Bidder will be determined by a coin toss. The City Purchasing Officer will preside over the proceedings for the coin toss. 3-2016 00210-T 3 of 3 38 CITY OF PEARLAND BID PROPOSAL Section 00300 BID PROPOSAL Part A Date: August 23, 2016 Bid of Pulice Construction, Inc. , an individual proprietorship / a co poration organized and existing under the laws of the State of Arizona / a partnership consisting of N/A , for the construction of: Construct 4-Lane Undivided Fite Road from McLean Road to Veterans Drive City of Pearland, Texas COP PN: TR1202 BID NO : 0716-46 (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 Construct 4-Lane Undivided Fite Road from McLean Road to Veterans Drive with all related appurtenances, complete, tested, and operational, in accordance with the Plans and Specifications prepared by the Engineer, Cobb, Fendley & Associcates, 13430 Northwest Freeway, Suite 1100, Houston, TX 77040, Steven Byington, P.E., 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 and Maintenance 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 39 CITY OF PEARLAND BID PROPOSAL the time stated and for the prices stated in Part B of this proposal along with all required insurance in the required amounts. The undersigned Bidder agrees to commence work within 10 days of the date of a written Notice to Proceed. It is understood that the Work is to be Substantially Complete within two hundred eighty three (283) calendar days after the date of the Notice to Proceed, Time for Substantial Completion shall begin on the date established by the Notice to Proceed. The Contractor will pay liquidated damages in the amount(s) specified in Document 00500 — Standard Form of Agreement, in the event the Work is not Substantially Complete within the Contract Time. The undersigned agrees that the amounts bid in this Bid Proposal will not be withdrawn or modified for ninety (90) days following date of Bid Proposal opening, or such longer period 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 and Maintenance Bond, each in the amount of one hundred (100) percent of the Contract Price, along with all required insurance in the stated amounts within ten (10) days of the Notice of Award, the Successful Bidder will forfeit the Bid Security as provided in the Instructions to Bidders. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s), The Bidder acknowledges that the following Addenda have been received. The modifications to the Bidding Documents noted therein have been considered and all costs thereto are included in the Bid Proposal prices. Addendum No.: 1 Date: 08/10/2016 Addendum No.: Date: Addendum No.: 2 Date: 08/1 9/201 6 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. ATTEST: Victor Finn Name: By: Title: Address: 2033 W. Mountain View Road, Phoenix, AZ 85021 Phone No: 602.944.2241 7ULJCE Ce0 STRUCTION, INC. tre �' s t ) Ana La. (T ed or Printed Name ature ate: 08/23/2016 10-2012 • 1 1 \o \,J)„,ij; (Seal, if Bidder is a C4 orrt'ori) t. f,, , �,rl f : ' ' ‘1/4 ' )i "/ 1 'woo rr • • Its Bidder's Initial's: \\A 00300 - 2 of 3 40 CITY OF PEA RLAND BID PROPOSAL END OF SECTION 10-2012 Bidder's Initial's: V& 00300 - 3 of 3 41 City of Pearland Texas (Projects Department) Supplier Response Bid Information Bid Creator Email Phone Fax Bid Number Title Bid Type Issue Date Close Date N eed by Date Tiffany Johnson Program Specialist tjohnson@pearlandtx.gov (281) 652-1756 (281) 652-1706 0716-46 Addendum 2 Fite Road Extension - McLean Road to Veterans Drive Invitation to Bid 7/28/2016 05 43 PM (CT) 8/23/2016 02:00:00 PM (CT) S upplier Information Contact Information Address 3519 Liberty Drive Pearland, TX 77581 Contact Tiffany Johnson Projects Department Building City Hall Floor/Room Telephone (281) 652-1756 Fax (281) 652-1706 Email tjohnson@pearlandtx.gov Ship to Information Address 3519 Liberty Drive Pearland, TX 77581 Contact Tiffany Johnson Projects Department Building City Hall Floor/Room Telephone (281) 652-1706 Fax Email tjohnson@pearlandtx.gov Company Address Contact Department 'adding • door/Room Telephone Fax Email S ubmitted Total Pulice Construction, Inc. 2033 W. Mountain View Rd Phoenix, AZ 85021 1 (602) 944-2241 1 (713) 5954921 8/23/2016 12:55:10 PM (CT) $3,045 261.60 By submitting your response, you certify that you are authorized to represent and bind your company. Signature Brent Spradling Email bspradling@pulice.com Supplier Notes Bid Notes The project will entail the construction of approximately 2,500 feet of four lane undivided concrete curb and gutter street on undeveloped existing Right of Way. Slip form construction is required. U tility construction includes approximately 1,500 feet of large diameter concrete box culvert, manholes, inlets and leads. Other work includes intersection signalization sound wall, sidewalk, street light conduit, metal beam guard fence, slope paving and other ancillary work. Bid Activities 0716-46 Addendum 2 - Page 1 of 18 Date Name Description 8/9/2016 02:00:00 PM Mandatory Pre -Bid Conference A mandatory pre -bid conference will be held at the City of Pearland City Hall at 3519 (CT) Liberty Dnve, Pearland, Texas 77581 at 2:00 p.m. on August, 9, 2016. Bid Messages Please review the following and respond where necessary # Name Note Response 1 Response Attachment Bidder understands and has completed the following: The Submitted Bid Proposal and Bid Security required under the Instructions to Bidders has been uploaded as an attachment within the E-bid system and, a fully executed, signed and sealed hard copy of the Bid Bond will be delivered upon request to the Office of City Purchasing, Finance Department, 2nd Floor, City Hall, 3519 Liberty Drive, Pearland, Texas, 77581. 2 Non -collusion Statement Bidder has submitted a completed and signed copy of the Submitted Non -Collusion Statement 3 General Conditions 4 Specification Acknowledgement Local Bidder Bidder has read and agrees to the General Conditions set Agrees forth by the City of Pearland. Bidder has reviewed specifications and agrees that their Agrees bid adheres fully. Bidder claims Pearland local bidder preference pursuant Not Local Bidder to provisions of Local Bidder Preference claim form and Texas Local Government Code, Chapter 271.9051 0716-46 Addendum 2 - Page 2 of 18 Line Items # Qty UOM Description Response 1 Site Preparation & Earthwork $513,765.00 Item Notes: S upplier Notes: Package Line Items: Qty UOM Description Response 1.1 221 MG VEGETATIVE WATERING 24.00 Item Notes: TxDOT 168-6001 Supplier N otes: 1.2 2 EA REMOVE STR (CONC) 1,000.00 Item Notes: TxDOT 496-2018 Supplier Notes: 1.3 626 LF MTL W-BEAM GD FEN (TIM POST) 23.00 Item Notes: TxDOT 540-6001 Supplier N otes: 1.4 1 EA DOWNSTREAM ANCHOR TERMINAL SECTION 1,500.00 Item Notes: TxDOT 540-6044 S upplier Notes: 1.5 1 - EA TERMINAL ANCHOR SECTION 2,600.00 Item Notes: TxDOT 540-6005 Supplier N otes: 1.6 1 LS MOBILIZATION 282,000.00 Item Notes: 01505 Supplier Notes: 1.7 1 LS PREPARING ROW 100,000.00 Item Notes: 02200 S upplier 0716-46 Addendum 2 - Page 3 of 18 N otes: 1.8 102 SY REMOVING CONC (SIDEWALKS) 20.00 Item Notes: 02200 Supplier N otes. 1.9 9 SY REMOVING STAB BASE AND ASPH PAV (2" - 6") 40.00 Item Notes: 02200 Supplier Notes: 1.10 76 LF REMOV STR (PIPE) 15.00 Item Notes: 02220 Supplier N otes: 1.11 5 EA REMOVE SM RD SN SUP & AM 250.00 Item Notes: 02220 Supplier Notes: 1.12 200 CY EXCAVATION (CHANNEL) 3.00 Item Notes: 02316 S upplier Notes: 1.13 191 CY EXCAVATION (ROADWAY) 3.00 Item Notes: 02316 Supplier N otes: 1.14 20,000 CY Item Notes: 02330 Supplier N otes: EMBANKMENT (ORIGINAL) (ORD COMP) (TY C) 5.00 2 1 Paving $850,218 00 Item Notes: S upplier Notes: 0716-46 Addendum 2 - Page 4 of 18 Package Line Items: Qty UOM Description Response 2.1 243 TON LIME (HYDRATED LIME (SLURRY)) 159.00 Item Notes: 02335 S upplier Notes: 2.2 13,266 SY LIME TRT (EXST MATL)(8") Item Notes: 02335 Supplier N otes: 2.50 2.3 12,725 SY Item Notes: 02751 Supplier N otes: CONC PAV (JOINT REINF)(8") 50.00 2.4 4,900 LF CONC CURB (MONO) (TY II) Item Notes: 02770 Supplier N otes: 3.00 2.5 534 SF CURB RAMPS (TY 7) Item Notes: 02771 Supplier Notes: 4.00 2.6 1,275 SF CONC SIDEWALKS (6") Item Notes: 02771 Supplier Notes: 4.00 2.7 114 SY DRIVEWAYS (CONC) Item Notes: 02775 Supplier Notes: 60.00 2.8 493 CY RIPRAP (CONC) (4 IN) Item Notes: 03300 S upplier N otes: 230.00 0716-46 Addendum 2 - Page 5 of 18 3 1 Drainage $842,348.50 Item Notes: S upplier Notes: Package Line Items: Qty UOM Description Response 3.1 2 EA MANH (COMPL)(JUNCT BOX) 35,000.00 Item Notes: TxDOT 465-6014 Supplier N otes: 3.2 2,817 LF Item Notes: 01570 S upplier Notes: TRENCH EXCAVATION PROTECTION 0.50 3.3 1 EA SET (TY I)(S= 9 FT)(HW= 6 FT)(4:1)(C) 28,000.00 Item Notes: 02629 Supplier Notes: 3.4 1 EA SET (TY II)(24 IN)(RCP)(6:1)(P) 1,400.00 Item Notes: 02629 Supplier N otes: 3.5 2 EA (TY I)(S= 9 FT)(HW= 6 FT)(6:1)(P) 20,000.00 Item Notes: 02629 S upplier Notes: 3.6 1,502 LF Item Notes: 02630 Supplier N otes: CONC BOX CULV (9 FT X 4 FT) 385.00 3.7 1,315 LF Item Notes: 02630 Supplier N otes: RC PIPE (CL III)(24 IN) 58.00 0716-46 Addendum 2 - Page 6 of 18 3.8 7 EA INLET (COMPL)(TY A) 1,700.00 Item Notes: 02631 S upplier Notes: 3.9 3 EA INLET (COMPL)(TY B) 500.00 Item Notes: 02631 Supplier N otes: 3.10 14 EA INLET (COMPL)(TY C) 2,400.00 Item Notes: 02631 Supplier N otes: 4 1 Traffic Signs and Pavement Markings $11,087.82 Item Notes: S upplier Notes: Package Line Items: Qty UOM Description Response 4.1 5 EA INS SM RD SN SUP&AM TY 10BWG(1) SA(P) 400.00 Item Notes: TxDOT 644-6001 Supplier N otes: 4.2 1 EA IN SM RD SN SUP&AM TYS80(1)SA(P-BM) 600.00 Item Notes: TxDOT 644-6028 Supplier Notes: 4.3 53 EA REFL PAV MRKR TY I - C 4.00 Item Notes: 02582 S upplier Notes: 4.4 1,062 LF Item Notes: 02582 S upplier Notes: REFL PAV MRK TY I (W) 4" (BRK) (100MIL) 0.75 0716-46 Addendum 2 - Page 7 of 18 4.5 54 LF REFL PAV MRK TY I (W) 4" (DOT) (100MIL) 1.54 Item Notes: 02582 Supplier N otes: 4.6 456 LF REFL PAV MRK TY I (W) 8" (SLD) (100MIL) 1.25 Item Notes: 02582 Supplier N otes: 4.7 433 LF REFL PAV MRK TY I (W) 12" (SLD) (100MIL) 3.00 Item Notes: 02582 N upplier Notes: 4.8 85 LF REFL PAV MRK TY I (W) 24" (SLD) (100MIL) 7.00 Item Notes: 02582 Supplier N otes: 4.9 6 LF REFL PAV MRK TY I (W) (ARROW) (100MIL) 120.00 Item Notes: 02582 Supplier Notes: 4.10 5 LF REFL PAV MRK TY I (W) (WORD) (100MIL) 125.00 Item Notes: 02582 Supplier N otes: 4.11 54 LF REFL PAV MRK TY I (Y) 4" (DOT) (100MIL) 1.25 Item Notes: 02582 Supplier N otes: 4.12 4,119 LF Item Notes: 02582 Supplier Notes: REFL PAV MRK TY I (Y) 4" (SLD) (100MIL) 0.75 0716-46 Addendum 2 - Page 8 of 18 4.13 5,289 LF Item Notes: 02981 Supplier N otes: PAV SURF PREP FOR MRK (4") 0.01 4.14 456 LF PAV SURF PREP FOR MRK (8") 0.02 Item Notes: 02981 Supplier N otes: 4.15 433 LF PAV SURF PREP FOR MRK (12") 0.05 Item Notes: 02981 S upplier Notes: 4.16 85 LF PAV SURF PREP FOR MRK (24") 0.10 Item Notes: 02981 Supplier Notes: 4.17 6 EA PAV SURF PREP FOR MRK (ARROW) 3.00 Item Notes: 02981 Supplier N otes: 4.18 5 EA PAV SURF PREP FOR MRK (WORD) 3.00 Item Notes: 02981 Supplier N otes: 4.19 400 LF ELIM EXT PAV MRK & MRKS (4") 0.35 Item Notes: 02981 S upplier Notes: 4.20 127 LF ELIM EXT PAV MRK & MRKS (12") 0.75 Item Notes: 02981 Supplier Notes: 0716-46 Addendum 2 - Page 9 of 18 4.21 35 LF ELIM EXT PAV MRK & MRKS (24") 2.00 Item Notes: 02981 Supplier N otes: 5 1 Traffic Control Facilities $20,000.00 Item Notes: S upplier Notes: Package Line Items: Qty UOM Description Response 5.1 1 LS BARRICADES, SIGNS AND TRAFFIC HANDLING 20,000.00 Item Notes: 01555 S upplier Notes: 6 1 Stormwater Pollution Prevention Plan $9,764.68 Item Notes: S upplier Notes: Package Line Items: # Qty UOM Description Response 6.1 8,713 SY STRAW OR HAY MULCH 0.36 Item Notes: TxDOT 162-6003 Supplier N otes: 6.2 1,376 LF Item Notes: 01560 Supplier N otes: TEMPORARY SEDIMENT CONTROL FENCE 3.00 6.3 1 LS STORMWATER POLLUTION PREVENTION PLAN 2,500.00 Item Notes: 01565 S upplier Notes: 7 1 Landscaping $119,724.00 Item Notes: S upplier Notes: 0716-46 Addendum 2 - Page 10 of 18 Package Line Items: Qty UOM Description Response 7.1 1 LS LANDSCAPING WITH IRRIGATION 80,000.00 Item Notes: 02811 Supplier N otes: 7.2 2 AC DRILL SEEDING (PERM) (URBAN) (SANDY) 3,000.00 Item Notes: 02921 Supplier Notes: 7.3 731 SY BLOCK SODDING 4.00 Item Notes: 02922 Supplier N otes: 7.4 19 EA LAGERSTROEMIA INDICA 'NATCHEZ' - CRAPE MYRTLE (30 GALLON) 400.00 Item Notes: 02913 Supplier N otes' 7.5 6 EA QUERCUS POLYMORPHA - MEXICAN WHITE OAK (65 GALLON) 800.00 Item Notes: 02913 Supplier N otes: 7.6 10 EA QUERCUS PHELLOS - WILLOW OAK (65 GALLON) 800.00 Item Notes: 02913 Supplier N otes: 7.7 13 EA ULMUS CRASSIFOLIA - CEDAR ELM (65 GALLON) 800.00 Item Notes: 02913 Supplier N otes: 8 1 Lighting $53,800.00 Item Notes: N upplier Notes: 0716-46 Addendum 2 - Page 11 of 18 Package Line Items: Qty UOM Description Response 8.1 4,480 LF Item Notes: TxDOT 618-6046 Supplier N otes: CONDT (PVC) (SCHD 80) (2") 10.00 8.2 10 EA GROUND BOX (INSTALLATION ONLY) 900.00 Item Notes: TxDOT 624-6010 Supplier N otes: Signalization $179,053.60 Item Notes: S upplier Notes: Package Line Items: Qty UOM Description Response 9.1 52 LF DRILL SHAFT (TRF SIG POLE) (36 IN) 150.00 Item Notes: TxDOT 416-6032 S upplier Notes: 9.2 80 LF CONDT (PVC) (SCHD 80) (2") 12.00 Item Notes: TxDOT 618-6046 Supplier N otes: 9.3 580 LF CONDT (PVC) (SCHD 80) (3") 13.00 Item Notes: TxDOT 618-6053 Supplier N otes: 9.4 425 LF CONDT (PVC) (SCHD 80) (3") (BORE) 40.00 Item Notes: TxDOT 618-6054 Supplier N otes: 9.5 20 LF CONDT (PVC) (SCHD 80) (4") 16.00 Item Notes: TxDOT 618-6058 S upplier 0716-46 Addendum 2 - Page 12 of 18 N otes: 9.6 10 LF ELEC CONDR (NO. 4) BARE 1.54 Item Notes: TxDOT 620-6007 Supplier N otes: 9.7 20 LF ELEC CONDR (NO. 4) INSULATED 1.50 Item Notes: TxDOT 620-6008 Supplier N otes: 9.8 665 LF ELEC CONDR (NO. 6) BARE 1.00 Item Notes: TxDOT 620-6009 N upplier Notes: 9.9 400 LF TRAY CABLE (4 CONDR) (12 AWG) 1.75 Item Notes: TxDOT 621-6004 Supplier N otes: 9.10 2 EA GROUND BOX TY D (162922) 600.00 Item Notes: TxDOT 624-6009 Supplier Notes: 9.11 5 EA GROUND BOX TY D (162922) W/APRON 1,000.00 Item Notes: TxDOT 624-6010 Supplier Notes: 9.12 1 EA ELC SRV TY D 120/240 070 (NS) SS (E) SP (0) 6,000.00 Item Notes: TxDOT 628-6188 Supplier N otes: 9.13 1 EA INSTALL HWY TRF SIG (ISOLATED) 20,000.00 Item Notes: TxDOT 680-6002 Supplier Notes: 0716-46 Addendum 2 - Page 13 of 18 9.14 8 EA BACK PLATE (12 IN) (3 SEC) 80.00 Item Notes: TxDOT 682-6023 Supplier Notes: 9.15 8 EA VEH SIG SEC (12 IN) LED (GRN) 220.00 Item Notes: TxDOT 682-6001 Supplier N otes: 9.16 8 EA VEH SIG SEC (12 IN) LED (YEL) 220.00 Item Notes: TxDOT 682-6003 Supplier N otes: 9.17 8 EA VEH SIG SEC (12 IN) LED (RED) 220.00 Item Notes: TxDOT 682-6005 Supplier N otes: 9.18 8 EA PED SIG SEC (12 IN) LED (COUNTDOWN) 220.00 Item Notes: TxDOT 682-6018 S upplier Notes: 9.19 8 EA PED SIG SEC (12") (2 IND) (HOUSING ONLY) 220.00 Item Notes: TxDOT 682-6020 Supplier N otes: 9.20 745 LF TRF SIG CBL (TY A) (12 AWG) (2 CONDR) 1.03 Item Notes: TxDOT 684 6007 S upplier Notes: 9.21 745 LF TRF SIG CBL (TY A) (12 AWG) (4 CONDR) 1.33 Item Notes: TxDOT 684-6009 Supplier Notes: 0716-46 Addendum 2 - Page 14 of 18 9.22 630 LF TRF SIG CBL (TY A) (12 AWG) (7 CONDR) 1.50 Item Notes: TxDOT 684-6012 S upplier Notes: 9.23 1 EA INS TRF SIG PL AM (S) 1 ARM (28') 12,000.00 Item Notes: TxDOT 686-6029 Supplier N otes: 9.24 1 EA INS TRF SIG PL AM (S) 1 ARM (28') LUM 15,000.00 Item Notes: TxDOT 686-6031 S upplier Notes: 9.25 1 EA INS TRF SIG PL AM (S) 1 ARM (32') 16,000.00 Item Notes: TxDOT 686-6033 Supplier Notes: 9.26 1 EA INS TRF SIG PL AM (S) 1 ARM (32') LUM 17,000.00 Item Notes: TxDOT 686-6035 Supplier Notes: 9.27 3 EA PED POLE ASSEMBLY 2,200.00 Item Notes: TxDOT 687-6001 Supplier N otes: 9.28 8 EA PED DETECT PUSH BUTTON (APS) 1,100.00 Item Notes: TxDOT 688-6001 Supplier N otes: 9.29 1 EA VIVDS PROCESSOR SYSTEM 11,000.00 Item Notes: TxDOT 6002-6001 S upplier N otes: 0716-46 Addendum 2 - Page 15 of 18 9.30 4 EA VIVDS CAMERA ASSEMBLY 1,800.00 Item Notes: TxDOT 6002-6002 S upplier Notes: 9.31 1 EA VIVDS SET-UP SYSTEM 600.00 Item Notes: TxDOT 6002-6003 Supplier N otes: 9.32 1 EA VIVDS CENTRAL CONTROL 400.00 Item Notes: TxDOT 6002-6004 S upplier Notes: 9.33 590 LF VIVDS COMMUNICATION CABLE (COAXIAL) 2.00 Item Notes: TxDOT 6002-6005 Supplier Notes: 9.34 1 EA BBU SYSTEM (EXTERNAL BATT CABINET) 500.00 Item Notes: TxDOT 6058-6001 Supplier Notes: 9.35 2 EA LED RDWY LUMINAIRE (.25KW EQ) 1,700.00 Item Notes: TxDOT 6119-6032 Supplier N otes: 10 1 Item Notes: S upplier Notes: Sound Wall $432,050.00 Package Line Items: # Qty UOM Description Response 10.1 1,150 LF Item Notes: TxDOT 416-6004 Supplier Notes: DRILL SHAFT (36 IN) 167.00 0716-46 Addendum 2 - Page 16 of 18 10.2 800 LF SOUND WALL (WAVE SCHEME)(10 FT) 300.00 Item Notes: TxDOT 4006-6013 S upplier Notes: 11 1 Item Notes: S upplier Notes: Extra Items $13,450.00 Package Line Items: Qty UOM Description Response 11.1 100 MH LABOR (UNSKILLED) 20.00 Supplier N otes: 11.2 100 MH LABOR (SKILLED) 25.00 Supplier N otes: 11.3 1 EA REMOVE & RELOCATE EXISTING SIGN 500.00 Supplier N otes: 11.4 500 LF CONTROL OF GROUNDWATER 3.00 Supplier N otes: 11.5 500 LF DEWATERING - SPECIAL BEDDING 3.00 Supplier N otes: 11.6 10 CY EXCAVATION (HAND) 20.00 Supplier N otes: 11.7 20 HR SPECIAL EXCAVATION (MACHINE) 35.00 Supplier N otes: 11.8 10 CY CONCRETE, ALL CLASSES WITH FORMWORK, COMPLETE IN PLACE 300.00 Supplier N otes: 0716-46 Addendum 2 - Page 17 of 18 11.9 50 CY CEMENT STABILIZED SAND, COMPACTED IN PLACE 25.00 Supplier Notes: 20 CY CRUSHED CONCRETE OR STONE FOR WET TRENCH 15.00 11.10 Supplier Notes: Response Total: $3,045,261.60 0716-46 Addendum 2 - Page 18 of 18 CITY OF PEARLAND PROPOSAL Section 00300 BID PROPOSAL Project Name: Construct 4-Lane Undivided Fite Road From McLean Road to Veterans Drive Project No. TR 1202 Contract Name Hid No.: 0716-46 Item No. Desc. Code Item Description Unit Quantity Unit Price Total SECTION 1 - SITE WORK & EARTHWORK _ 168 6001 VEGETATIVE WATERING MG 221 2.9 00 S SO4, 6° 0O at O O 496 _ 2018 REMOVE STR (CONC) EA 2 1, 800, *so . 540 6001 MTL W-BEAM GD FEN (TIM POST) LF 626 ZS .0 0 t 4, S.M." 540 6044 DOWNSTREAM ANCHOR TERMINAL SECTION EA 1 k t5450 • e° it 500 •0 0 540 6005 TERMINAL ANCHOR SECTION EA 1 2i (.00•00 Zr boo, 00 01505 MOBILIZATION LS 1 Z. SZt ooc ' Z,eZ, ow. e ° 02200 PREPARING ROW LS 1 (0°4 .00 loot coo. e 0 02200 REMOVING CONC (SIDEWALKS) SY 102 Z 0.0 L Ze o40 . DO 02200 REMOVING STAB BASE AND ASPH PAV (2" - 6") SY 9 4o.0* 340.0 0 02220 REMOV STR (PIPE) LF 76 l5 .00 i tgo.e s 02220 REMOVE SM RD SN SUP & AM EA 5 o Z-50. • l j Z.5°• ° 02316 EXCAVATION (CHANNEL) CY 200 3 0" jr DO • • 02316 EXCAVATION (ROADWAY) CY 191 3 •O0 575, •" 02330 EMBANKMENT (ORIGINAL) (ORD COMP) (TY C) CY 20,000 5.•° / pp, oat . 0 0 SECTION 2 - PAVING ITEMS 02335 LIME (HYDRATED LIME (SLURRY)) TON 243 t S,. e 0 38, 637. 0 0 02335 LIME TRT (EXST MATL)(8") SY 13,266 t f c) 33 110S • act 02751 CONC PAV (JOINT REINF)(8") SY 12,725 5 s. ° " 47361Z50, e ° 02770 CONC CURB (MONO) (TY II) LF 4,900 3 . •'• t &It'71L'SiO, d e 02771 CURB RAMPS (TY 7) SF 534 isi . Da Z i 1 36.0 0 02771 CONC SIDEWALKS (6") SF 1,275 '{sr 0 V S f 100. 0 0 02775 DRIVEWAYS (CONC) SY 114 (.40 in 6i SAW. (90 03300 RIPRAP (CONC) (4 IN) CY 493 2 30.°a 113 39D • SECTION 3 - STORM SEWER ITEMS 1 465 6014 MANH (COMPL)(JUNCT BOX) EA 2 35, 040a° 70 00O • •o 01570 TRENCH EXCAVATION PROTECTION LF 2,817 0.5 0 1 I tiO8 . S d 02629 SET (TY I)(S= 9 FT)(HW= 6 FT)(4:1)(C) EA 1 2 6, occeat, is boo . °" 02629 SET (TY II)(24 IN)(RCP)(6:1)(P) EA 1 ! i 4 00 e 00 I ( goo , of 02629 (TY I)(S= 9 FT)(HW= 6 FT)(6:1)(P) EA 2 ZO( saCCa° tI 000.°v 02630 CONC BOX CULV (9 FT X 4 FT) LF 1,502 3 j5.0O 57 8) 2 70. 66 02630 RC PIPE (CL III)(24 IN) LF 1,315 'SS.pO 760, )70, °° 02631 INLET (COMPL)(TY A) EA 7 11100,10( I11 900 .. e° 02631 INLET (COMPL)(TY B) EA 3 5CO 4 b it S Oo, 0 a 02631 INLET (COMPL)(TY C) EA 14 Zt Wee" 3, bap • 0 0 11-2013 Offeror's Initials: N 00300 - 1 00300 - Parr B 42 CITY OF PEARLAND PROPOSAL Item No. Desc. Code Item Description Unit Quantity I Unit Price Total SECTION 4 - TRAFFIC SIGNS AND PAVEMENT MARKINGS 644 6001 INS SM RD SN SUP&AM TY 10BWG(1) SA(P) EA 5 CIOD • • o al 0 O0 , 00 644 6028 IN SM RD SN SUP&AM TYS80(1)SA(P-BM) EA 1 pto, Ov 6p0 ." 02582 REFL PAV MRKR TY I - C EA 53 it s • Z'Z , O u 0.15 02582 REFL PAV MRK TY I (W) 4" (BRK) (100MIL) LF 1,062 174 , 50 02582 REFL PAV MRK TY I (W) 4" (DOT) (100MIL) LF 54 l 154 83 •Ito 02582 REFL PAV MRK TY I (W) 8" (SLD) (100MIL) LF 456 ( i as S? 0 • 0O 02582 REFL PAV MRK TY I (W) 12" (SLD) (100MIL) LF 433 3 , O • t t 21 et . D O 02582 REFL PAV MRK TY I (W) 24" (SLD) (100MIL) LF 85 't. • ° 5 ?S .• a 02582 REFL PAV MRK TY I (W) (ARROW) (100MIL) LF 6 (ZO ,O• 72,0 e o a 02582 REFL PAV MRK TY I (W) (WORD) (100MIL) LF 5 MS • o o (SAS *ea 02582 REFL PAV MRK TY I (Y) 4" (DOT) (100MIL) LF 54 t • 25 b'l -5 m 02582 REFL PAV MRK TY I (Y) 4" (SLD) (100MIL) LF 4,119 0 , `? S 3 , 0 gq. 25 02981 PAV SURF PREP FOR MRK (4") LF 5,289 0,0 i 52. . 8 02981 PAV SURF PREP FOR MRK (8") LF 456 0 tea 9. 1 2 65 02981 PAV SURF PREP FOR MRK (12") LF 433 0 • a c 2(. 02981 PAV SURF PREP FOR MRK (24") LF 85 0, 1 0 g • 5 0 02981 PAV SURF PREP FOR MRK (ARROW) EA 6 3 .00 I 8 02981 PAV SURF PREP FOR MRK (WORD) EA 5 3 •0 0 is .0 0 02981 ELIM EXT PAV MRK & MRKS (4") LF 400 d. 3 S 140.0° 02981 ELIM EXT PAV MRK & MRKS (12") LF 127 0.7S 95 • AS 02981 ELIM EXT PAV MRK & MRKS (24") LF 35 24.0 70.eo SECTION 5 - TRAFFIC CONTROL FACILITIES 01555 'BARRICADES, SIGNS AND TRAFFIC HANDLING I LS I 1 I 2P iop/ figiI 20 , o& • s ° SECTION 6 - STORMWATER POLLUTION PREVETION PLAN 162 6003 STRAW OR HAY MULCH SY 8,713 O' 3G 3113G, 416 01560 TEMPORARY SEDIMENT CONTROL FENCE LF 1,376 .00 44, iLA ,Oo 01565 STORMWATER POLLUTION PREVENTION PLAN LS 1 Z o . s o Z I SOO • SECTION 7 - LANDSCAPING i 02811 LANDSCAPING WITH IRRIGATION LS 1 20.000 a6° WOi l�W . DO 02921 DRILL SEEDING (PERM) (URBAN) (SANDY) AC 2 3,e.00 tot so•©D 02922 BLOCK SODDING SY 731 11600 2it i g .O o 02913 LAGERSTROEMIA GALLON) INDICA 'NATCHEZ' - CRAPE MYRTLE (30 EA 19 4co.os /r 00 �� c7o • 02913 QUERCUS GALLON) POLYMORPHA - MEXICAN WHITE OAK (65 EA 6 tOo .0 0 U I � • 00 02913 QUERCUS PHELLOS - WILLOW OAK (65 GALLON) EA 10 SO0,00 9eic90 OO 02913 ULMUS CRASSIFOLIA - CEDAR ELM (65 GALLON) EA 13 joO ,0v j0 4CO d0 SECTION 8 - LIGHTING d 111, ?COP" 618 6046 CONDT (PVC) (SCHD 80) (2") LF 4,480 lb . 624 6010 GROUND BOX (INSTALLATION ONLY) EA 10 lop .0 0 1, oc 0 , o 0 11-2013 Offeror's Initials: 00300 - 2 00300 - Part B 43 CITY OF PEARLAND PROPOSAL Item No. Desc. Code Item Description Unit Quantity Unit Price Total SECTION 9 - SIGNALIZATION 6032 DRILL SHAFT (TRF SIG POLE) (36 IN) LF 52 1 50.ttx:2eash tar.ems 618 6046 CONDT (PVC) (SCHD 80) (2") LF 80 k2 •.•° g'iO , • c' 618 6053 CONDT (PVC) (SCHD 80) (3") LF 580 I .+sa. _ '.5s{O, so 618 6054 CONDT (PVC) (SCHD 80) (3") (BORE) LF 425 40 00 7. a00 0 ,0 618 6058 CONDT (PVC) (SCHD 80) (4") LF 20 l b 100 20 , o0 620 6007 ELEC CONDR (NO. 4) BARE LF 10 L ►5 I t S s O 620 6008 ELEC CONDR (NO. 4) INSULATED LF 20 I • 5 0 30. v0 620 6009 ELEC CON DR (NO. 6) BARE LF 665 t . o o 40‘ 5 , 0 0 621 6004 TRAY CABLE (4 CONDR) (12 AWG) LF 400 .i 5 �� • 00 624 6009 GROUND BOX TY D (162922) EA 2 CO.so 6.2. 0 .00 624 6010 GROUND BOX TY D (162922) W/APRON EA 5 it ppo ,00 5, COO , 0 0 628 6188 SRV TY D 120/240 070 (NS) SS (E) SP (0) EA 1 - GI Doe.Od (pi pet b° _ELC 680 6002 INSTALL HWY TRF SIG (ISOLATED) EA 1 Zoi00 ).00 Zee Cp0 . oa 682 6023 BACK PLATE (12 IN) (3 SEC) EA 8 Man �p . 00 682 6001 VEH SIG SEC (12 IN) LED (GRN) EA 8 .400 ti7 6O . 0 0 EA 00 682 6003 VEH SIG SEC (12 IN) LED (YEL) 8 220 yea 1 1-T `vr • 682 6005 VEH SIG SEC (12 IN) LED (RED) EA 8 120 .000 in 60 .0d 682 6018 PED SIG SEC (12 IN) LED (COUNTDOWN) EA 8 22r 0 , 00 t t7 6 O . • o 682 6020 PED SIG SEC (12") (2 IND) (HOUSING ONLY) EA 8 )20, 0° t tibo . 0o 684 6007 TRF SIG CBL (TY A) (12 AWG) (2 CONDR) LF 745 1 wO-S 14,s 35 684 6009 TRF SIG CBL (TY A) (12 AWG) (4 CONDR) LF 745 ! . 433 g4/0, 9 5 684 6012 TRF SIG CBL (TY A) (12 AWG) (7 CONDR) LF 630 j . SO 1145. O v 686 6029 INS TRF SIG PL AM (S) 1 ARM (28') EA 1 1 tin° see 12, 000 ea d 686 6031 INS TRF SIG PL AM (S) 1 ARM (28') LUM EA 1 (St 000.0 V 15, O00 . ` ' 686 6033 INS TRF SIG PL AM (S) 1 ARM (32') EA 1 l `t o:p, 00 `b 1 Oo s is [7 686 6035 INS TRF SIG PL AM (S) 1 ARM (32') LUM EA 1 ill coo , d t7 17 loco. O 0 687 6001 PED POLE ASSEMBLY EA 3 I Z,o, get' , 00 � 688 6001 PED DETECT PUSH BUTTON (APS) EA 8 woo .00 171 500. 0° 6002 6001 VIVDS PROCESSOR SYSTEM EA 1 11t O M a 0 t 1) OW. 00 6002 6002 VIVDS CAMERA ASSEMBLY EA 4 t ‘ Pi2o. 0x 1, zoo , 00 6002 6003 VIVDS SET-UP SYSTEM EA 1 (.c,o ,00 gtre, , 00 6002 6004 VIVDS CENTRAL CONTROL EA 1 4 c . 00 yam . e0 6002 6005 VIVDS COMMUNICATION CABLE (COAXIAL) LF 590 2.,,OO t. t gat co 6061 6001 GPS COMMUNICATIONS UNIT EA 1 Soo OCR Sao .00 • 6119 6032 LED RDWY LUMINAIRE (.25KW EQ) EA 2 l 000 .C° 3uoo et" 11-2013 Offeror's I111t1alS: CV\ 00300 - 3 00300 - Part B 4 CITY OF PL'AI?LAND PROPOSAL Unit Quantity Unit Price Total Item No. Desc. Code Item Description SECTION 10 - SOUND WALL 416 6004 DRILL SHAFT (36 IN) LF 1,150 00 1 (o? •00 ( get 050, 4006 O O na 6013 SOUND WALL (WAVE SCHEME)(10 FT) LF 800 OO , ZLIOt pea • SECTION 11 - EXTRA ITEMS LABOR (UNSKILLED) MH 100 lO o° a ee0 • o0 , LABOR (SKILLED) MH 100 2 5 ,DO ZL 5em , po REMOVE & RELOCATE EXISTING SIGN EA 1 500 ,e0 5e° 6 00 CONTROL OF GROUNDWATER LF 500 sot D d ��dD . DEWATERING - SPECIAL BEDDING LF 500 3 .00 It Soo . 0 _ 0 EXCAVATION (HAND) CY 10 zexpo ZOO - o O SPECIAL EXCAVATION (MACHINE) HR 20 S5 : ° 0 7OO .0 CONCRETE, IN PLACE ALL CLASSES WITH FORMWORK, COMPLETE CY 10 sec, .o' 3q-000V CEMENT STABILIZED SAND, COMPACTED IN PLACE CY 50 A5 tee (i 2.990. o O CRUSHED CONCRETE OR STONE FOR WET TRENCH CY 20 5 e o 3e0 b t *cc TOTAL BID PRICE 3 D45 a t - it 0 , , TT IS UNDERSTOOD that the City of Pearland will award the project based on the Total Proposal amount. The City of Pearland reserves the right to reject any or all proposals for any or all products and/or services covered in this proposal and/ or to waive informalities in such proposals. The City further reserves the right to accept any proposals deemed to be the Best Value to the City. Offeror's AuthClrized'Signature Victor Jimenez 11-2013 Offeror's Initials: vM-P\ 00300 - 4 00300 - Part B 45 CITY OF PEARLAND LGPP AWARD AND EXECUTION OF CONTRACT Section 00310-T LGPP AWARD AND EXECUTION OF CONTRACT 1. AWARD OF CONTRACT 1.1. Award. The Owner will award the Contract to the low Bidder as determined by 00200, Instructions to Bidders, and 00210-T LGPP Supplement to Instructions to Bidders The Owner may award a Contract to the second lowest Bidder when the following requirements have been met. ■ The low Bidder withdraws its bid. ■ The low Bidder fails to enter into a contract with the Owner after Award ■ The second low Bidder's unit bid prices are reasonable. 1.2. Rejection. The Owner will reject the Contract if: ■ Collusion may have existed among the Bidders. Collusion participants will not be allowed to bid future bids for the same Contract. ■ The low bid is mathematically and materially unbalanced. The Bidder will not be allowed to bid future bids for the same Contract. ■ The lowest bid is higher than the Owner's estimate and re -advertising for bids may result in a lower bid. ■ Rejection of the Contract is in the best interest of the Owner. 1.3. Deferral. The Owner may defer the award or rejection of the Contract when deferral is in the best interest of the Owner. 2. RESCINDING OF AWARD The Owner reserves the right to cancel the award of any Contract before Contract execution with no compensation due when the cancellation is in the best interest of the Owner. The Owner will return the bid guaranty to the Contractor. 3. DISADVANTAGED BUSINESS ENTERPRISE (DBE)/HISTORICALLY UNDERUTILIZED BUSINESS/SMALL BUSINESS ENTERPRISE (SBE) Submit all DBE/HUB/SBE information in the time frame specified when required by the bid documents. 4. EXECUTION OF CONTRACT 4. Insurance: 4.1 Workers' Compensation By signing the Contract, the Contractor certifies compliance with all applicable laws, rules, and regulations pertaining to workers' compensation insurance. This certification includes all subcontractors. Pay all deductibles stated in the policy. Subcontractors must meet the requirements of all Attachments to the 00700 General Conditions either through their own coverage or through the Contractor's coverage. 3-2016 00310-T 1 of 3 46 CITY OF PEARLAND LGPP AWARD AND EXECUTION OF CONTRACT The Workers' Compensation policy must include a waiver of subrogation endorsement in favor of the Owner. 4.2 Surety Requirements for Insurance Provide a substitute Surety on the Contract bonds in the original full Contract amount within 15 days of notification if the Surety is declared bankrupt or insolvent, the Surety's underwriting limitation drops below the Contract amount or the Surety's right to do business is terminated by the Owner. The substitute Surety must be authorized by the laws of the State and acceptable to the Owner. Work will be suspended until a substitute Surety is provided. Working day charges will be suspended for 15 days or until an acceptable Surety is provided, whichever is sooner The work performed under this section will not be measured or paid for directly but will be subsidiary to pertinent items 5. BEGINNING OF WORK Do not begin work until authorized in writing by the Owner. When callout work is required, provide a method of contact available from 8 A.M. until 5 P.M. every work day and 24 hr. a day 7 days a week for projects with emergency mobilization, unless otherwise shown on the plans. The time of notice will be the transmission time of the notice sent, provided orally, or provided in person by the Owner s representative. Verify all quantities of materials shown on the plans before ordering materials for the project. Verify quantities of materials before allowing materials delivery to the project site. Do not deliver more materials to the project site than can be adequately stored and installed as the project progresses. 6. EXCLUDED PARTIES The Contractor certifies by signing the Contract that the Contractor will not enter into any subcontract with a subcontractor that is debarred or suspended by the Owner or by any state or federal agency 7. SUBCONTRACTING Do not sublet any portion of a construction Contract without the Engineer's written approval. A subcontract does not relieve any responsibility under the Contract and bonds. Ensure that all subcontracted work complies with all governing labor provisions The Contractor certifies by signing the Contract that the Contractor will not enter into any subcontract with a subcontractor that is debarred or suspended by the Owner, or any state or federal agency For federally funded Contracts, ensure the required federal documents are physically attached to each subcontract agreement including all tiered subcontract agreements. For all DBE/HUB/SBE subcontracts including all tiered DBE/HUB/SBE subcontracts, submit a copy of the executed subcontract agreement. Submit a copy of the executed non -DBE subcontracts including all tiered non -DBE subcontracts when requested. 3-2016 00310-T 2 of 47 CITY OF PEARLAND LGPP AWARD AND EXECUTION OF CONTRACT 8. SELF PERFORMANCE OF CONSTRUCTION CONTRACT. Perform work with own organization on at least 30% of the total original Contract cost (25% if the Contractor is an SBE on a wholly State or local funded Contract) excluding any items determined to be specialty items. Specialty items are those that require highly specialized knowledge, abilities, or equipment not usually available in the contracting firm expected to bid on the proposed Contract as a whole. Specialty items will be shown on the plans or as directed by the Engineer. Bid cost of specialty items performed by subcontractors will be deducted from the total original Contract cost before computing the required amount of work to be performed by the Contractor's own organization. The term "perform work with own organization" includes only: ■ workers employed and paid directly by the Contractor of wholly owned subsidiary; ■ equipment owned by the Contractor or wholly owned subsidiary; ■ rented or leased equipment operated by the Contractor's employees or wholly owned subsidiary's employees; ■ materials incorporated into the work if the majority of the value of the work involved in incorporating the material is performed by the Contractor's own organization, including a wholly owned subsidiary s organization; and ■ labor provided by staff leasing firms licensed under Chapter 91 of the Texas Labor Code for nonsupervisory personnel if the Contractor or wholly owned subsidiary maintains direct control over the activities of the leased employees and includes them in the weekly payrolls. When staff leasing firms provide materials or equipment, they are considered subcontractors. In these instances, submit staff leasing firms for approval as a subcontractor. Copies of cancelled checks and certified statements may be required to verify compliance with the requirements of this section. 3-2016 00310-T 3 of 3 48 BIDDER'S CERTIFICATION OF CITY OF PEARLAND COMPLIANCE WITH BUY AMERICAN PROGRAM Document 00456 BIDDER'S CERTIFICATION OF COMPLIANCE WITH BUY AMERICAN PROGRAM (AVIATION SAFETY AND CAPACITY EXPANSION ACT OF 1990) By submitting a bid, except for those items listed by Bidder below or on additional copies of this page, attached to this page Bidder certifies that steel and each manufactured product, is produced in the United States (as defined in the clause Buy American - Steel and Manufactured Products for Construction Contracts) and that components of unknown origin are considered to have been produced or manufactured outside the United States. In case of conflicts with corresponding provisions of other Bidding Documents, Buy American Program provisions govern Bidders may obtain from the City a list of products excepted from this provision. Use additional copies of this page as required PRODUCT COUNTRY OF ORIGIN The above information is true and complete to the best of my knowledge and belief. (Printed or typed Name of Signatory) Signature Date Note: The penalty for making false statements in offers is prescrbed in 18 U.S.C. 1001. END OF DOCUMENT 00456-1 02-01-2004 49 CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity FORM C IQ This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person doing business with the governmental entity By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. Name of person doing business with local governmental entity. Pulice Construction Inc. OFFICE USE ONLY Date Received Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. NA J Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. NA Amended 01/13/2006 CC:MEIICI OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity FORM CIQ Page 2 Name of local aovernment officer with whom filer has affiliation or business relationshin. (Comnlete this section only if the answer to A, B, or C is YES.) This section, item 5 including subparts A, B, C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIO as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? Yes x No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? Yes No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes x No D. Describe each affiliation or business relationship. NA Describe any other affiliation or business relationship that might cause a conflict of interest NA E C� Signature of person doing business with the governmental entity ate Amended 01113/2006 CONFLICT OF INTEREST OUESTIONNAIRE, As of January 1, 2006, the Texas Local Government Code Chapter 176 requires all vendors and potential vendors who contract or seek to contract for the sale or purchase of property, goods, or services with any local government to complete and submit a Conflict of Interest Questionnaire. In filling out the questionnaire, the following are current City Council members and City employees who may either recommend or approve bid awards. City Council: Mayor Councilmember Councilmember Councilmember Councilmember Councilmember City Staff: City Manager Director of Finance Asst. Director of Finance Purchasing Officer Tom Reid Tony Carbone Derrick Reed Gary Moore Keith Ordeneaux Greg Hill Clay Pearson Cynthia Pearson Rick Overgaard Bob Pearce CITY OF PEARLAND STANDARD FORM OF AGREEMENT Section 00500 STANDARD FORM OF AGREEMENT THIS AGREEMENT is by and between City of Pearland (hereinafter called OWNER or City) and Pulice Construction, 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: Construct 4-Lane Undivided Fite Road from McLean Road to Veterans Drive City of Pearland, Texas COP PN: TR1202 BID NO.: 0716-46 Article 2. ENGINEER The Work has been designed by Cobb, Fendley & Associcates, 13430 Northwest Freeway, Suite 1100, Houston, TX 77040, Steven Byington, P.E. who is hereinafter called ENGINEER and who is to assume all duties and responsibilities and have the lights and author ity assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work will be Substantially Complete (as defined in Article 1 of the General Conditions) within two hundred eighty tinee (283) calendar days (including weekends and holidays) fiom the date when the Contract Time commences to run as provided in paragraph 5.01 of the General Conditions (as n evised in the Special Conditions if applicable), and completed and ready for Final Payment within three hundred thirteen days (313) 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 of 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 01 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 one thousand 4-2015 00500 - 1 of 7 52 CITY OF PF,ARLAND STANDARD FORM OF AGREEMENT dollars ($1000.00) 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 the remaining Work within the time set out in the Ceitificate of Substantial Completion or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER one thousand dollars ($1000.00) 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 $3,045,261.60 (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 ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER as provided below. All progress payments will be on the basis of the progress of the Work and actual quantity of Work completed, in accordance with Article 6 "Measurement and Payment" of the General Conditions. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage or actual quantity of Work complete, but, in each case less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions. The OWNER shall make payment within 30 days of receipt of application for payment by the ENGINEER. 5.1.2 Each progress payment shall be less retainage as specified in Paragraph 6.06 of the General Conditions, and fur thet 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 4-2015 00500 - 2 of 7 53 CITY OF PEARLAND STANDARD FORM OF AGREEMENT written recommendation of the ENGINEER pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER's option, may be relieved of the obligation to fully complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment." 5.2 Final Payment. Upon final completion and acceptance of the Woik in accordance with paragraph 6.09 of the Geneial Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 6.09. Article 6. INTEREST Interest on any overdue payment fiom OWNER to CONTRACTOR shall be paid in accordance with the provisions of Chapter 2251.025 of the Texas Government Code, as amended. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, peiformance 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, of 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 (m addition to or to supplement those referred to in paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost progress, performance or furnishing of the Work, and CONTRACTOR. assumes the risk of such subsurface and physical conditions, and shall furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations investigations explorations, tests reports and studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract documents with respect to existing underground facilities 4-2015 00500 - 3 of 7 54 CITY OF PEARLAND STANDARD FORM OF AGREEMENT at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and finish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Conti act Documents. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, erroi s or discrepancies in the Contract Documents of which Contractor knew or should have known, and CONTRACTOR shall perform the Work at the Contract Pi ice, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including any written resolution of any such conflict, error or discrepancy by ENGINEER. In the event of a conflict that was not brought to the OWNER s or ENGINEER's attention prior to the bid, the CONTRACTOR is assumed to have bid the most expensive alternative. Article 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consist of the following, each of which are incorporated herein by reference: 8.1 Standard Form of Agreement (Section 00500). 8.2 Performance, Payment, and/or Maintenance Bonds (Sections 00610, 00611, and 00612). 8.3 General Conditions of Agreement (Section 00700), including Attachment No. 1 Workers' Compensation Insurance Coverage, Attachment No. 2 Agreement for Final Payment and Contractor's Sworn Release, and Attachment No. 3 Owner's Insurance Requirements of Contractor. 8.4 Special Conditions of Agreement (Section 00800). 8.5 Plans, consisting of sheets numbered 1 through 171 inclusive with attachments with each sheet bearing the following genei al title: Construct 4-Lane Undivided Fite Road from McLean Road to Veterans Drive 8.6 Instructions to Bidders and CONTRACTOR's Bid Proposal, including any Addenda referenced therein. 8.7 Technical Specifications for the Work. 4-2015 00500 - 4 of 7 55 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 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. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Section 1, "Definitions and Interpretations" of the General Conditions will have the meanings indicated in the General Conditions 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the conti ary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from Substantial Completion against defects in materials and workmanship. CONTRACTOR agrees to repair or replace any defective work within this warranty period immediately unless such repairs require long lead time materials and equipment in which case CONTRACTOR shall provide an agreeable schedule for repairs at no additional cost to OWNER. 9.5 The Work will be completed according to the Contract Documents and in accordance with codes, ordinances, and construction standards of the City of Pearland, and all applicable laws, codes and regulations of governmental authorities. 9.6 In the event any notice period requned 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 ai e no agreements or promises by and between said parties, except as aforesaid, and that any additions thereto or changes shall be in writing. 4-2015 00500 - 5 of 7 56 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 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 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 Conti act 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 o1 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, dnectly or indirectly cause an employee of the OWNER to engage in such misconduct. 9.12 The CONTRACTOR agrees to comply with Appendix A (attached) of the City of Pearland's Title VI Nondiscrimination Plan Assurances. 4-2015 00500 - 6 of 7 57 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: October 24 OWNER: CITY OF PE By: Title: Date: VaAk 15 ite ATTEST CONTRACTOR: Pulice Constr ction, By: , 20 16. Victor Jimenez Title: ' 'f O e 'n • Officer Date: 10/27/2016 C 0 C. 0 0 O 0 0 0 O 0 0 0 0 O 0 0 O 0 0 O 0 • O 0 • 0 • 0 • • • • • • • • • • • • • • A•• O 0 0 e • •• 230 C1) m Z Address for giving notices Pulice Construction, Inc. (Corporate Seal) 2033 W. Mountain View Road Phoenix, AZ 85021 Phone: 602.944.2241 Fax: 602.943.4697 Agent for service of process: Corporation Service Company d/b/a CSC -lawyers Incorporating Service Company 211 E. 7th Street, Suite 620, Austin, TX, 78701-3218 END OF SECTION 4-2015 00500 - 7 of 7 58 III LE VI NUNUISUKIMINA I IUN ASSUKANUES CITY OF PEARLAND APPENDIX A Title VI Nondiscrimination Assurances APPENDIX A During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the 'contractor') agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally -Assisted programs of the Department of Transportation (hereinafter, 'DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records accounts, other sources of information, and its facilities as may be determined by the Sub Recipient or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Sub -Recipient, or the Federal Highway Administration as appropriate and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Sub Recipient shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including but not limited to: (a) withholding of payments to the contractor under the contract until the contractor complies and/or (b) cancellation, termination or suspension of the contract, in whole or in part. 59 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. P ulice Construction, Inc. P hoenix, AZ United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Pearland OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-128524 Date Filed: 10/25/2016 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. TR 1202 CONSTRUCT 4-LANE UNDIVIDED FITE ROAD FROM MCLEAN ROAD TO VETERANS DRIVE 4 Name of Interested Party City, State, Country (place of business) Hreha, David Campbell , Steve Jimenez , Victor Rogers, Christopher Segura Surinach, Ignacio Mendez Sanchez , Jose Luis Dragados Construction USA, Inc., Phoenix, AZ United States Phoenix, AZ United States 5 Check only if there is NO Interested Party. Phoenix, AZ United States Phoenix, AZ United States N ew York, NY United States S eattle, WA United States N ew York, NY United States Nature of interest (check applicable) Controlling Intermediary X X MONICA ZAHRNDT NOTARY PUBUC - ARIZONA MARICOPA COUNTY My Commission Prp,Uiros Nov. 02, 2017 • I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. nature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me bY fri'c the said r / Me ne Z+ this the &5 day of fiber 20 , to certify which, witness my hand and seal of office. .lb gnature of offi /t'oni'ca 2alnrridf dministering oath Printed name of officer administering oath &nlvact 4t4naja,. Title of officer administering biath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0,277 CITY OF PEARLAND PERFORMANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § Section 00610 PERFORMANCE BOND Bond No. 015052034 KNOW ALL MEN BY THFSF PRESENTS: That Pulice Construction, Inc. of the City of Phoenix , County of Maricopa , and State of AZ, and---State--o-f- Texas, as principal, and Liberty Mutual Insurance 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 $3,045,261.60 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successor s, 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 24th _ day of October , 20 16 , (the "Contract") to commence and complete the construction of certain improvements described as follows: Construct 4-Lane Undivided Fite Road from McLean Road to Veterans Drive City of Pearland, Texas COP PN: TR1202 BID NO.: 0716-46 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part het eof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract Work and shall in all respects duly and faithfully obsery e and perform all and singular the covenants, conditions, and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and Contract Documents, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 12/2007 00610 - 1 of 2 CITY OF PEARLAND PERFORMANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 26th day of October , 20 16. Principal: Pulice Construction Inc. Surety: Liberty Mutual Insurance Company By: By: F cncLr\cto C nzakez Alcu iz Tea Correia Title: Trccxcjjcec 'title: Address: Address: 2033 W. Mountain View Road Phoenix, AZ 85021 1 torney-in-Facat One Federal Street Bostnn, MA 02110 Telephone: 602 944 2241 Telephone: 339 832 5255 Fax: 602 870 3396 Fax: 617 210 4938 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 0061.0 2 of2 CITY OF PEARLAND PAYMENT BOND Bond No. 015052034 Section 00611 PAYMENT BONI) STATE OF TEXAS COUNTY OF BRAZORIA § K\OW ALL MEN BY THFSF PRESENTS: That Pulice Construction, Inc. of the City of Phoenix , County of Maricopa, and Sate of AZ, and--State--of-Texas, as principal, and liberty Mutual Insurance 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 $3,045,261.60 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 contact with the Owner, effective as of the 24th day of October , 2016 , (the "Contract") to commence and complete the construction of certain improvements described as follows: Construct 4-Lane Undivided Fite Road from McLean Road to Veterans Drive City of Pearland, Texas COP PN: TR1202 BII) NO.: 0716-46 which Contact, 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. Suiety, for value received, stipulates and agiees that no change, extension of time, alteration or addition to the terms of the contract, of to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 07/2006 00611 - 1 of 2 CITY OF PEARLAND PAYMENT BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 261h day of October , 2016 . Principal: Surety: Pulice Constru=-- 'on Inc. By: "Title. frr numb nzolez 'Man tz, ftecmuce( Liberty Mutual Insurance Company By: Jean orreia Title: At rney-in-Fact Address: Address: 2033 W. Mountain View Road One Federal Street Phoenix, AZ 85021 Boston, MA 02110 Telephone: 602 944 2241 Telephone: 339 832 5255 Fax: 602 870 3396 Fax: 617 210 4938 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL -FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 07/2006 00611 2 of 2 CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND Bond No. 015052034 Section 00612 ONE-YEAR MAINTENANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That Pulice Construction, Inc. of the City of Phoenix , County of Mai icopa, and State of AZ, and---State---of--Tex-as, as piincipal, and L.Iherty Mnt»ai Tnc,rranre ('nmpa„y 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 $ 3,045,261.60 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 24th day of October , 2016 , (the "Contract") to commence and complete the construction of certain improvements described as follows: Construct 4-Lane Undivided Fite Road from McLean Road to Veterans Drive City of Pearland, Texas COP PN: TR1202 BID NO.: 0716-46 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-4 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 fiom the date of substantial completion, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVFR, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. 07/2006 00612 - 1 of 2 III LE VI NUNUISUKIMINA I ION ASSUKANUhS CITY OF PEARLAND APPENDIX A (6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto The contractor shall take such action with respect to any subcontract or procurement as the Sub -Recipient or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sub Recipient to enter into such litigation to protect the interests of the Sub Recipient, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 60 CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 26th day of October , 2016 Principal: Surety: Pulice Construction nc. By: Liberty Mutual Insurance Company By: Fernor c n3ule.2.. Mani L )ear orreia rI'itie: � Y ear)Ole t Title: Address: Address: 2033 W. Mountain View Road Phoenix, AZ 85021 Telephone: 602 944 2241 Fax: 602 870 3396 ttorneynin-Facct One Federal Street Boston, MA 02110 Telephone: 339 832 5255 Fax: 617 210 4938 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL -FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 07/2006 00612 - 2 of 2 Important Notice TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT: You may write to Liberty Mutual Surety at: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P O. Box 149104 Austin, TX 78714-9104 Fax (512) 475-1771 Web: http.//www.tdi state.tx.us E-mail: ConsumerProtection aAtdi.state.tx.us Premium or Claim Disputes Should you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Attach This Notice To Your Policy: This notice is for information only and does not become a part or condition of the attached document. LMIC-3500 Page 1 of 2 Rev. 7.1.07 NOTIFICACION IMPORTANTE PARA OBTENER INFORMACION 0 REALIZAR UNA QUEJA: Usted puede escribir la notificacion y dirigirla a Liberty Mutual Surety en la siguiente direccion: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 Usted puede contactar al Departamento de Seguros de Texas para obtener informacion acerca de las companias, coberturas, derechos o quejas 1-800-252 3439 Usted puede escribir al Departamento de Seguros de Texas a la siguiente direccion: P O. Box 149104 Austin, TX 78714-9104 Fax (512) 475-1771 Web: http.//www.tdi state.tx.us E-mail: ConsumerProtection(a�tdi.state.tx.us Disputas acerca de primas o reclamos En caso de que usted quiera elevar una disputa concerniente al tema de primas, por favor contacte en primer lugar a su agente. Si el tema de la disputa es relativo a un reclamo, por favor contacte a la companfa de seguros en primer termino. Si usted considera que la disputa no es apropiadamente resuelta en estas instancias, entonces usted puede contactar al Departamento de Seguros de Texas.. Adjunte esta notificacion a su poliza: Esta notificacion es a los solos fines de su informacion y la misma no forma parte o condiciona de manera alguna el documento adjunto. LMIC-3500 Page 2 of 2 Rev. 7.1.07 LIBERTY MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT DECEMBER 31, 2015 SUPETY Assets Cash and Bank Deposits $753,038,641 * Bonds — U.S Government 1,547,613,446 * Other Bonds 11,088,162,545 * Stocks 9,919,835,033 Real Estate 295,926,247 Agents' Balances or Uncollected Premiums 4,487,501,643 Accrued Interest and Rents 120,872,424 Other Admitted Assets 14,130,266,527 Total Admitted Assets $42,34342164506 Liabilities Unearned Premiums Reserve tor Claims and Claims Expense Funds Held Undcr Reinsurance Treaties Reserve foi Dividends to Policyholders Additional Statutory Reserve Reserve for Commissions, Taxes and Other Liabilities Total Special Surplus Funds $67,890,944 Capital Stock 10,000,000 Paid in Surplus 8,829,183,823 Unassigned Surplus 6,908,192,846 Surplus to Policyholders 15,815,267,613 Total Liabilities and Surplus $42,143,216,506 $6,580,520,31 1 16,917,138,677 210,794..503 35S,033 29,659.093 2,789,478.276 $26,527,948,893 * Bonds are stated at amortized or investment value; Stocks at Association Market Values. The foregoing financial information is taken from Liberty Mutual Insurance Company's financial strtement filed with the state of Massachusetts Depattment of Insurance. I. TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and col rest st nement of the Assets and Liabilities of said Corporation, as of December 31, 2015, to the best of my know ledge and belief. IN WIi'NI SS WHEREOF, 1 have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 15th day of March. 2016. Assistant Secretary S-1262LMIC/a 3/16 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No 7283826 a) a) c 'O (Li O L a +r co f G 6O ,� 6 +-# 0) to ct L t 4•-• O •_ E 6 L. }+ O � V > CD O15 Zv American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Brian Driscoll; Bryan Huft, Gregory J. Steele; Jane Gilson; Jean Correia; Jeffrey Hendricks; Kevin A. White; Maria Chaves; Mark P. Herendeen; Theresan E Rowedder all of the city of Boston , state of MA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 8th day of March 2016 STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY ss By: American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company David M. Carey; Assistant Secretary On this 8th day of March , 2016 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella, Notary Public Plymouth Twp., Montgomery County My Commission Expires March 28, 2017 Member, Pennsylvania Association of Notaries By: Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this I day of C i� By: I, se, , 20 Gregory W. Davenport, Assistant Secretary cv c 87) 0 • la 0 L E O a le• a a M O13 CDC (a O E a. co , c1) i �O O � L SIN > O S2 a) O N • i= ;N‘if c 00 ✓ 0 r LMS_12873_122013 235 of 300 CITY OF PF,ARLAND 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: Contruct 4-Lnae Undivided Fite Road from McLean Road to Veterans Drive. 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. State of County of Signature Printed Name & Title Subscribed and sworn to, before me, this day of My Commission Expires: Company Name , 20 . Notary Public 5-12-12 68 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT TABLE OF CONTENTS Page No. 1.0 DEFINITIONS AND INTERPRETATIONS 1.01 Owner, Contractor and Engineer 1.02 Contract Documents 1.03 Subcontractor 1.04 Written Notice 1.05 Work 1.06 Extra Work 1.07 Work Day 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 2.01 No Warranty of Design 2.02 Right of hntry 2.03 Ownership of Plans 10-2012 00700-1 1 4 69 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 2.04 Changes and Alterations 2.05 Damages 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 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 4.01 Independent Contractor 4.02 Contractor's Understanding 4.03 Laws and Ordinances 4.04 Assignment and Subletting 4.05 Performance and Payment Bonds [and Maintenance Bond] 4.06 Insurance 4.07 Permits and Fees 4.08 Texas State Sales Tax 4.09 Contractor's Duty and Superintendence 4.10 Character of Workers 4.11 Labor, Equipment, Materials, Construction Plant and Buildings 4.12 Sanitation 4.13 Cleaning and Maintenance 4.14 Performance of Work 4.15 Right of Owner to Accelerate the Work 10-2012 00700 - ii 8 70 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.16 Layout of Work 4.17 Shop Drawings 4.18 Engineer -Contractor Relationship; Observations 4.19 Observation and Testing 4.20 Defects and Their Remedies 4.21 Liability for Proper Performance 4.22 Protection Against Accident To Employees and the Public 4.23 Protection of Adjoining Property 4.24 Protection against Claims of Subcontractors, Laborers, Materialmen, and Furnishers of Equipment, Machinery and Supplies 4.25 Protection Against Royalties or Patented Invention 4.26 Indemnification 4.27 Losses From Natural Causes 4.28 Guarantee 5.0 PROSECUTION AND PROGRESS 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 6.01 Discrepancies and Omissions 6.02 Quantities and Measurements 18 21 10-2012 00700 - iii 71 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 Fxtra 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 72 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8.05 Insolvency 8.06 Contingent Assignment 8.07 Waiver of Consequential Damages 8.08 Termination for Convenience 8.09 Default by Owner 9.0 DISPUTE RESOLUTION 35 ATTACHMENT NO. 1: WORKERS' COMPENSATION INSURANCE COVERAGE Al ATTACHMENT NO. 2: AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE BI ATTACHMENT NO. 3: OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR Cl 10-2012 00700 - v 73 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 ENGINEI-R 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 Fffective 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; Addenda, if any; Plans and Specifications referenced or included in the Project Manual; Instructions to Bidders; Bid Proposal; and 10-2012 00700 - 1 of 35 74 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 hNGINEER 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 RXTRA 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 OWNJ-4R, 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 35 75 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Owner, in advance to perform work on Saturdays or Sundays and in so doing agrees to pay all charges and costs for Inspection and or Construction Management services required during the performance of any such approved work. Refer to paragraph 7.05 for procedure to determine cost for Construction Management and Inspection Services for work on non -work days. 1.07-1 RAIN DAY: As used herein, is defined as any WORK DAY during which weather related conditions prevent the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items as identified in the current construction schedule. CONTRACTOR shall record Ram Days on the Pay Application each month for the review and possible approval by the OWNER The approved Rain Day is then added to the Contract Time. (See 1.12 Contract Time below) 1.07-2 IMPACT DAY: As used herein, is a day that is added to the CONTRACT TIME by the OWNER by Change Order to extend the Contract Time by one full Work Day. (See 1.12 Contract Time below) Impact Days once approved by the OWNER, shall extend the Contract Time on a one-to-one basis to replace a Work Day lost to conditions that prevented the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items. Impact Days are added to the Contract Time by Change Order only at the end of the work and then only if, in the opinion of the OWNER, a time extension is warranted due to delays beyond the control of the Contractor and required to complete the work within the Contract Time. 1.08 CALENDAR DAY. A "calendar day" is any day of the week, month or year no days being excepted. Unless otherwise expressly provided, all references to "day(s)" shall mean calendar day(s). 1 .09 SUBSTANTIALLY COMPLETED: The terms `Substantially Completed", or "Substantially Complete" or `Substantial Completion" as used in this Contract, shall mean that all major process components of the facility or work have been made suitable for use or occupancy, including appropriate documentation from the equipment suppliers that all of the individual components have been installed in accordance with the specifications and manufacturer's recommendations, the installations have been approved by the ENGINEER and the items have met the start-up and testing requirements of the contract documents or is deemed to be in a condition to serve its intended purpose or requires only minor miscellaneous work and adjustment to achieve Final Completion and Acceptance as determined by the ENGINEER. Upon compliance with the above referenced criteria, ENGINEER shall issue a Certificate of Substantial Completion. PARTIAL SUBSTANTIAL COMPLETION: designation will be given on components of the Work that must be placed into service prior to the completion of the entire Work. The contractor s One Year Warranty period for these items shall begin on the date of Partial Substantial Completion as designated by the ENGINEER The ENGINEER shall determine and make all such designations. 1.10 INTERPRETATION OF WORDS AND PHRASES. Whenever the words "directed", permitted", ` designated , "required", `ordered", "considered necessary", "prescribed" or words of like import are used, it shall be understood that the direction, requirement, permission, order, opinion designation or prescription of the ENGINEER as the OWNER's representative is intended. Similarly, the words "approved", ` acceptable' , `satisfactory" or words of like import shall mean that no exception is taken by ENGINEER, but does not relieve CONTRACTOR of responsibility for compliance with the Contract Documents. 10-2012 00700 - 3 of 35 76 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 perfouued or installed by the Contractor 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 2.01 NO WARRANTY OF DI SIGN. 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 35 77 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT inconsistencies in the Contract Documents noted by the CONTRACTOR, and/or any variance between the Contract Documents and applicable codes, standards or ordinances, shall be promptly reported by CONTRACTOR to ENGINEER in writing as a Request for Information. Work performed prior to a Request for Information shall be at the Contractor's risk. If CONTRACTOR fails to perform its obligations under this paragraph, CONTRACTOR shall pay such costs and damages to OWNER as would have been avoided if CONTRACTOR had reported any errors, omissions, inconsistencies or variances in the Contract Documents noted by CONTRACTOR or which should have been noted by a careful study of the Contract Documents. CONTRACTOR shall comply with the Contract Documents, all approved modifications thereof and additions and alterations thereto approved in writing by the OWNER The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the requirements of the Contract Documents and approved modifications thereof and all approved additions and alterations, thereto, as the same shall have been interpreted by the ENGINEER. 2.02 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on which the work herein contracted for is to be performed, constructed or installed, for itself or such agent or agents as it may select, for the purpose of inspecting the work, or for the purpose of performing constructing or installing such collateral work as the OWNER may desire. The OWNER shall have the right to make inspections at all reasonable times, and the CONTRACTOR hereby waives any claims for extension of time and/or compensation for any loss or damage if his work shall be delayed by reason of such inspection, performance, construction or installation of collateral work. 2.03 OWNERSHIP OF PLANS. All plans, specifications and copies thereof furnished by the OWNER shall not be reused on other work and, with the exception of the sets forming the part of the signed Contract Documents, are to be returned to the OWNER on request at the completion of the Work. All plans and models are the property of the OWNER 2.04 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the Owner may make such changes and alterations, additions and deletions as the OWNER may see fit, in the Work, including but not limited to changes in line grade, form, dimensions, plans or specifications for the Work herein contemplated, or any part thereof, either before or after the beginning of construction, without affecting the validity of this Contract and the corresponding Performance and Payment Bonds. If such changes or alterations or deletions diminish the quantity or the value of the Work to be done, they shall not constitute the basis for a claim for compensation or damages, including lost or anticipated profits on the Work that may be affected. If the amount of Work is increased and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this Contract, otherwise, such additional work shall be paid for as provided under Article 7 hereof for Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any Work already done or material already furnished or used in said Work, then the OWNER shall compensate the CONTRACTOR for any material or labor so used and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the Work as originally planned. 2.05 DAMAGES In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake or default of the CONTRACTOR, or should the 10-2012 00700 - 5 of 35 78 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 3.01 OWNER -ENGINEER RELATIONSHIP. The ENGINEER shall serve as the OWNER'S representative during construction. The duties, responsibilities and limitations on the authority of the ENGINEER as the OWNER s representative during construction are set forth in the Contract Documents; and the ENGINEER shall not have authority to extend the OWNER's liability or to bind the OWNER for any additional liability of any nature whatsoever without the written consent of the OWNER Any communications by the OWNER to the CONTRACTOR regarding the Work shall be issued through the ENGINEER It is the intent of this Agreement that there shall be no delay in the execution of the Work; therefore, written decisions or directions rendered by the ENGINEER as the OWNER's representative shall be promptly carried out, and any claim arising therefrom shall be resolved as provided in Article 7. Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the OWNER'S representative shall have the authority to issue written stop work orders whenever such stoppage may be necessary to insure the performance of the Work in accordance with the Contract Documents. 3.02 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE The ENGINEER shall furnish the CONTRACTOR with four (4) copies of all Plans and Specifications without expense to the CONTRACTOR, and the CONTRACTOR shall keep one full size copy of the same constantly accessible on the job site, with the latest revisions noted thereon. The CONTRACTOR shall be responsible for preserving the Plans and Specifications, timely and accurately updated, for reference and review by the OWNER or the ENGINEER and submittal of redlines during closeout. 3.03 PRELIMINARY APPROVAL The ENGINEER shall not have the power to waive the obligations imposed under this Contract for the furnishing by the CONTRACTOR of new material of good quality, and for good and workmanlike performance of the Work as herein described, and in full accordance with the Contract Documents, without alteration, deletion or change. No failure or omission of the OWNER'S representative to discover, object to or condemn any non -conforming or defective work or material, or to stop work, shall release the CONTRACTOR from the obligation to fully and properly perform the Contract, including without limitation, the obligation to at once remove and properly replace any defective work or material at any time prior to final acceptance, upon discovery of such non -conforming or defective work or material. Any questioned Work may be ordered taken up or removed for inspection by the ENGINEER prior to final acceptance, and if found not to be in accordance with the Contract Documents, all expense of removing, inspection and repair or replacement shall be borne by the CONTRACTOR, otherwise the expense thus incurred shall be allowed as Extra Work and shall be paid for by the OWNER, provided that where inspection or approval is specifically required by the Specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior inspection or approval, he shall bear all expense of taking up, removing and replacing this work if so directed by the ENGINEER 10-2012 00700 - 6 of 35 79 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 ENGINF,ER'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 35 80 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4.01 INDEPENDENT CONTRACTOR. CONTRACTOR is, and shall remain, an independent contractor, solely responsible for the manner and method of completing the Work under this Contract, with full and exclusive power and authority to direct, supervise and control his own employees and to determine the means, method and manner of performing such Work, so long as such methods comply with the requirements of the Contract Documents, and do not adversely affect the completed improvements or any other property abutting or adjoining the Work area, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Plans, Specifications and Contract Documents. The fact that the OWNER or hNGINEER 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 UNDFRSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the Work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, the general and local conditions including but not limited to weather, access, lay down and storage areas, and all other matters which in any way affect the Work under this Contract. It is further understood that the CONTRACTOR has satisfied himself as to the terms, meaning, intent and requirements of all of the Contract Documents, and applicable laws, codes, regulations and ordinances. CONTRACTOR hereby warrants and represents that it has taken into consideration all of the foregoing factors, and CONTRACTOR shall perform the Work for the Contract Price and within the Contract Time. No verbal agreement or conversation with any officer, agent or employee of the OWNER or the ENGINEER, either before or after the execution of this Contract shall affect or modify any of the terms or obligations herein contained. 4.03 LAWS AND ORDINANCES The CONTRACTOR shall at all times observe and comply with all federal, state or local laws, codes, ordinances, permits and regulations, regardless of whether the same are adopted before or after the execution of this Contract, which in any manner affect the Contract or the work, and shall indemnify, save and hold harmless the OWNER and the ENGINEER against any claim arising out of the violation of any such laws, ordinances and regulations, whether by the CONTRACTOR or his agents, employees, subcontractors or vendors If the CONTRACTOR observes that the Plans and Specifications are at variance with federal or state laws or codes or the ordinances or regulations of the City, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be made as provided in the Contract for changes in the work. If the CONTRACTOR performs any work knowing it to be contrary to such laws, codes, ordinances, rules or regulations, or if CONTRACTOR reasonably should have known of any such violation, and without such notice to the ENGINEER, CONTRACTOR shall bear all costs arising therefrom. The OWNER is a Political Subdivision of the State of Texas, and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the OWNER may enter into contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein. Neither the act 10-2012 00700 - 8 of 35 81 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 F,ngineering 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 35 82 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 35 83 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER Any structures of any nature constructed, placed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection, placement or construction thereof; and the CONTRACTOR agrees to indemnify and hold the ENGINEER or OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, placement, construction or maintenance of CONTRACTOR's buildings or structures. 4.12 SANITATION. Necessary sanitary conveniences for the use of laborers and others on the Work site, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. Any structures of any nature constructed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection or construction thereof, and the CONTRACTOR agrees to indemnify and hold the ENGINEER and OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, construction or maintenance of CONTRACTOR s buildings. 4.13 CLEANING AND MAINTENANCE The CONTRACTOR shall at all times keep and maintain the premises free from accumulation of debris, trash and waste. The CONTRACTOR shall remove waste, debris and trash at the end of each work day. CONTRACTOR shall remove all such debris, trash and waste, tools, scaffolding and surplus materials, and shall leave the Work broom -clean or its equivalent, upon completion of the Work. The Work shall be left in good order and condition. In case of dispute, the OWNER may remove the debris, trash, waste and surplus materials, and charge the cost to the CONTRACTOR. 4.14 PERFORMANCE OF WORK It is further agreed that it is the intent of this Contract that all Work must be done and all material must be furnished in accordance with the generally accepted practice for such materials furnished or work completed, unless otherwise provided in the Contract Documents. 4.15 RIGHT OF OWNER TO ACCELERATE THE WORK. If at any time the methods or equipment used by the CONTRACTOR, or the work force supplied are found to be inadequate to achieve the progress required to Substantially Complete the Work within the Contract Time, the OWNER or the ENGINEER as the OWNER's representative, may order the CONTRACTOR in writing to supplement its forces and/or equipment, or work shifts or overtime, or otherwise improve its efficiency and rate of progress to achieve Substantial Completion of the Work within the Contract Time, and the CONTRACTOR shall comply with such order, at its own cost and expense. 4.16 LAYOUT OF WORK. Except as specifically provided herein, the CONTRACTOR shall be responsible for laying out work by means of construction surveying and shall accomplish this work in a manner acceptable to the ENGINEER and in conformance with the Contract Documents. 4.17 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in his own Work or in that of any other contractor, six (6) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules 10-2012 00700 - 11 of 35 84 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT required for the work of the various trades. Contractor will check and approve shop drawings for compliance with requirements of Contract Documents and will so certify by stamp on each drawing prior to submittal to ENGINEER Any drawings submitted without Contractor's stamp of approval will not be considered and will be returned to him for proper submission. The ENGINEER shall pass upon them with reasonable promptness, indicating desired corrections. The CONTRACTOR shall make any corrections required by the ENGINEFR, file with him two (2) corrected copies and furnish such other copies as may be needed. The ENGINEFR 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; OBShRVATIONS. It is agreed by the CONTRACTOR that the ENGINEER, as the OWNER's representative, shall be and is hereby authorized to appoint such subordinate engineers, representatives or observers as the said ENGINEER may from time to time deem proper to observe the materials furnished and the Work done under this Agreement. The CONTRACTOR shall furnish all reasonable aid and assistance required by the subordinate engineers, representatives or observers for the proper observation and examination of the work. The CONTRACTOR shall regard and obey the directions and instructions of any subordinate engineers, representatives or observers so appointed when such directions and instructions are consistent with the obligations of this Agreement and the Contract Documents, provided, however, should the CONTRACTOR object to any orders by any 10-2012 00700 - 12 of 35 85 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 35 86 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.21 LIABILITY FOR PROPFR 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 FNGINEER, the OWNER or any other person not a party to this Contract. Any review of Work in progress or any visit or observation during construction, or any clarification of Contract Documents by the ENGINEER or OWNER, or any agent employee or representative of either of them, whether through personal observation on the Project site or by means of approval of shop drawings for construction or construction processes, or by other means or methods, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of Work completed or being performed, as measured against the Contract Documents, or for the purpose of enabling the CONTRACTOR to more fully understand the Contract Documents so that the completed construction Work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for proper performance of his Work on the Project, including, without limitation, the propriety of means and methods of the CONTRACTOR in performing said Contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Any action by the ENGINEER or the OWNER in visiting or observing during construction, or any clarification of Contract Documents shall not constitute a waiver of CONTRACTOR'S liability for damages as herein set out. Deviation by the CONTRACTOR from Contract Documents, whether called to the CONTRACTOR's attention or not, shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said Contract Documents, and further shall not relieve CONTRACTOR of his liability for loss, damage or injury as herein set out. 4.22 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR shall be solely responsible for the safety of himself, his employees and persons entering the project site, as well as for the protection of the improvements being erected and the property of himself or any other person as a result of his operations hereunder. The CONTRACTOR shall take out and procure a policy or policies of Workers Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the Work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded, as a minimum, in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The CONTRACTOR shall provide all necessary machinery guards safe walkways, ladders, bridges, gangplanks, barricades, fences, traffic control, warning signs and other safety devices. 10-2012 00700 - 14 of 35 87 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 35 88 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 FENS 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 EMPLOYERS, ARISING OUT OF OR RESULTING FROM OR ALLEGEDLY ARISING OUT OF OR RESULTING FROM THE PERFORMANCE 10-2012 00700 - 16 of 35 89 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 EMPLOYEE S 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 35 90 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.28 GUARANTEE. The CONTRACTOR hereby guarantees all the Work under the Contract to be free from defects or deficiencies in material in every particular and free from defects or deficiencies in workmanship; and against unusual damage from proper and usual use; and agrees to replace or to re -execute without cost to the OWNER such Work as may be found to be defective, deficient or otherwise not in conformance with the Contract Documents, and to make good all damages caused to other work or material, due to such defective Work or due to its required replacement or re -execution. This guarantee shall cover a period of one year from the date of Substantial Completion or Partial Substantial Completion of Work under the Contract, as evidenced by the Certificate of Substantial Completion. Neither the Certificate of Substantial Completion, Final Payment, nor any provision in the Contract Documents shall relieve the CONTRACTOR of the responsibility for defective, deficient or non -conforming material or workmanship during the period covered by the guarantee. The one-year period of guarantee will not limit the OWNER S other rights under common law with respect to any defects, deficiencies or non -conforming Work discovered after one year. If this one-year guarantee conflicts with other warranties or guarantees, the longer period of warranty or guarantee will govern. 5.0 PROSECUTION AND PROGRESS 5.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his Work at such times and seasons, in such order of precedence and in such manner as shall be most conducive to economy of construction; provided, however that the order and the time of prosecution shall be such that the Work shall be Substantially Completed as a whole and in 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 EXTF,NSION 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 ENGINEER shall submit such written request, together with his written recommendation, to the 10-2012 00700 - 18 of 35 91 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT OWNER for consideration. If the delay is not attributable in whole or in part to any act or omission of CONTRACTOR, its subcontractors or suppliers, and if the OWNER determines that CONTRACTOR is entitled to an extension of time under the terms of the Contract, the OWNER shall grant an extension of time for Substantial Completion of the Work, sufficient to compensate for the delay, and such extension of time shall be CONTRACTOR's sole and exclusive remedy, except as may be otherwise provided herein. No extensions of Contract Time shall be made for delays occurring prior to the Contractor's mobilization as defined in Section 01505 MOBILIZATION. The Contract Time as defined in the Bid Proposal and other sections herein incorporates 40 Rain Days per calendar year or an average of 3.33 days per calendar month. The CONTRACTOR is required to keep record of all weather related delays and to submit the monthly count on each Pay Application. The Owner's Representative shall review and sign off on this record as a part of the Pay Application approval process every month. If, during preparation of the Balancing Change Order, the status of the work progress requires an extension of the Contract Time, Impact Days shall be added to the Completion Date equal to the total number of Weather or Impact Days approved less the original 40 days resident in the original Contract Time. The Addition of Weather or Impact Days will only alter the Contract Time when added by Change Order. If the Work is completed prior to the Completion Date, No Days will be added. The addition of Weather or Impact Days shall be the CONTRACTOR's sole remedy for delays to the completion of the Work and their addition to the Contract Time shall not affect the Contract Price through any "per diem' adjustment to the General Conditions costs, Temporary Facilities costs or any other costs associated with the extension of the Contract Time. 5.03 HINDRANCES AND DELAYS. In executing the Contract, the CONTRACTOR agrees that in undertaking to complete the Work within the time herein fixed, he has taken into consideration and made allowances for all interference, disruption, hindrances and delays incident to such Work, whether growing out of delays in securing material, workmen or otherwise. No claim shall be made by the CONTRACTOR for damages, loss, costs or expense resulting from interference, disruption hindrances or delays from any cause during the progress of any portion of the Work embraced in this Contract, except where the Work is stopped or suspended by order of the OWNER s representative and such stoppage or suspension is not attributable to any act or omission of CONTRACTOR. 5.04 SUSPENSION OF WORK. OWNER may, without cause, order the CONTRACTOR in writing to suspend the Work, in whole or in part, for such period of time as OWNER may request. The Contract Price and/or Contract Time shall be adjusted for any increase in the cost of or the time required for performance of the Work caused by such suspension No adjustment shall be made to the extent performance was or would have been suspended by a cause for which CONTRACTOR is responsible, or to the extent an adjustment is made or denied under another provision of the Contract Documents. 5.05 LIQUIDATED DAMAGES FOR DELAY: It is understood and agreed that time is of the essence, and that the CONTRACTOR will commence the Work on the date specified herein or in any Notice to Proceed, and will Substantially Complete the Work within the Contract Time It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the Substantial Completion of the Work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The CONTRACTOR further agrees that a failure to complete on time will cause damage to the OWNER and that such damages 10-2012 00700 - 19 of 35 92 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 DAMAGFS 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 35 93 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 multiplied by the number of units authorized, installed and approved by the Owner. The OWNER does not assume any obligation to pay for any services or material not actually authorized and used. The CONTRACTOR hereby agrees to receive such prices as payment in full for furnishing all materials and all labor required for the aforesaid Work, and for all expenses incurred by him, and for full performance of the Work and the whole thereof in the 10-2012 00700 - 21 of 35 94 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT manner and according to this Agreement, Contract Documents, and the requirements of the ENGINEER 6.05 PAYMENTS. No payments made or approvals or certificates given shall be considered as conclusive evidence of the performance of the Contract, either in whole or in part, nor shall any certificate, approval or payment be considered as acceptance of defective, deficient or non -conforming Work. CONTRACTOR shall, at any time requested during the progress of the Work, furnish the OWNER or the ENGINEER with an affidavit showing the CONTRACTOR's total outstanding indebtedness in connection with the Work. Before Final Payment is made, the CONTRACTOR shall satisfy the OWNER, by affidavit or otherwise, that there are no unpaid claims due subcontractors, suppliers or laborers by reason of any Work under the Contract. Acceptance by CONTRACTOR of Final Payment shall constitute a waiver of any and all claims of whatsoever nature against OWNER, arising out of or related to the Contract, or the Work, or any acts or omissions of OWNER or ENGINEER, which have not theretofore been timely filed as provided in this Contract. 6.06 PARTIAL PAYMENTS. When the Contract Price is a lump sum amount, prior to the first Application for Payment, CONTRACTOR shall submit to ENGINEER for review and approval a Schedule of Values, which shall fairly allocate the entire Contract Price among the various portions of the Work and shall be prepared in such form and supported by such data to substantiate its accuracy as the ENGINEER may reasonably require. The Schedule of Values shall follow the trade divisions of the Specifications so far as practicable. Upon approval, this Schedule of Values shall be used by ENGINEER as the basis for reviewing the Contractor's Application for Payment. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. On or before the tenth day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER, for approval or correction, an application for partial payment, being a statement showing as completely as practicable, the agreed unit quantities and extended total value of the Work done by the CONTRACTOR up to and including the twenty-fifth day of the preceding month; said statement shall also include the value of all conforming materials to be fabricated into the Work and stored in accordance with manufacturer s recommendations and as approved by the OWNER or ENGINEER at the Work site only. No payment will be made for materials stored until OWNER has approved in writing storage at the Work site. The ENGINEER shall then review such statement of unit quantities and application for partial payment and the progress of the Work made by the CONTRACTOR and, within ten days after the date ENGINEER receives CONTRACTOR's application for payment, if the application is found to be accurate and correct and the WORK conforming to the requirements of the Contract Documents, the ENGINEER shall certify the application for partial payment and shall deliver his preliminary certification for payment to the OWNER and the CONTRACTOR; or, if the ENGINEER finds that CONTRACTOR's application for payment contains an error or is otherwise disputed, he shall notify CONTRACTOR of such error or dispute, and shall prepare a preliminary certificate for partial payment for the undisputed amount of the application for payment due CONTRACTOR, and deliver it to the OWNER and CONTRACTOR ENGINEER'S notice to CONTRACTOR that a bona fide dispute for payment exists shall include a list of the specific reasons for nonpayment. All payment applications made by CONTRACTOR and delivered to ENGINEER and all verifications and certification of such applications shall be made and transmitted within the Pro- Trak system and signed with the appropriate electronic signatures as provided for in the software. Such applications for payment shall not be considered complete unless accompanied by the 10-2012 00700 - 22 of 35 95 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR'S Partial Waiver of Lien and Payment Affidavit, Section 00615, duly executed by an authorized representative of the CONTRACTOR and reflecting the correct corresponding amount of the payment application. The OWNER shall then pay the CONTRACTOR, within thirty (30) days of the date of ENGINEER's receipt of the application for payment, the undisputed balance due, less applicable retainage, and further less all previous payments and all further sums that may be retained or withheld by the OWNER under the terms of this Agreement. CONTRACTOR may submit a corrected application for payment after its receipt of the ENGINEER s notice of error or dispute, and such corrected application for payment shall be reviewed by the ENGINEER and disputed or paid under the same procedure and within the same time limits set out above As a condition of any progress payment under this Agreement, CONTRACTOR shall execute and deliver to ENGINEER and OWNER a full release of all claims, direct or indirect, at law or in equity arising out of or related to the Work to date, excluding retainage or any claims previously submitted as required under the terms of the Contract, and specifically identified and excluded by CONTRACTOR in the release. OWNER shall be entitled to retain from each progress payment five percent (5%) of the amount thereof. Such retainage shall be retained until Final Completion and satisfaction of all conditions for Final Payment. It is understood, however, that in case the whole Work be near to completion, as certified by the ENGINEER, and some unexpected or unusual delay occurs, through no neglect or fault on the part of the CONTRACTOR, the OWNER may, upon written recommendation of the ENGINEER, pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR, at the OWNER'S option, may be relieved of the obligation to fully complete the Work, and thereupon, the CONTRACTOR shall receive, at the OWNER'S option, payment of the balance due him under the Contract for Work completed in accordance with the Contract Documents, subject to OWNER's rights to otherwise withhold or retain payments, and subject to the conditions set forth under "6.08 FINAL PAYMENT." The Owner at its option and in compliance with Texas law may reduce retainage to less than the above -stated percentages. 6 07 USE OF COMPLETED PORTIONS & PUNCHLIST The OWNER shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding that the time for completing the entire work or such portions may not have expired* but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the Work, the CONTRACTOR shall promptly and within three (3) days of OWNER's taking possession, give OWNER written notice of same, and CONTRACTOR may be entitled to such extra compensation or extension of time, or both, as may be determined in accordance with the provisions of this Agreement. 6.08 SUBSTANTIAL COMPLETION. The CONTRACTOR shall notify the OWNER AND ENGINEER, by letter executed by a duly qualified officer of CONTRACTOR, that in CONTRACTOR's opinion, the Work of the Contract, or an agreed portion thereof, is ` Substantially Complete '. Such notification shall include a list of all outstanding or incomplete items Upon receipt, and within a reasonable time thereafter of such notice the ENGINEER and the CONTRACTOR shall jointly perform a walk-through and inspection of the Work to determine the status of all or the identified portion of the work, and the ENGINEER shall prepare a detailed 10-2012 00700 - 23 of 35 96 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT list of unfinished, incomplete, defective and/or non -conforming Work ("Punchlist"). If the ENGINEER determines that the Work is Substantially Complete in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR a Certificate of Substantial Completion. OWNER shall have seven (7) days after receipt of Certificate to make written objection to the ENGINEER as to any provision of the Certificate or the attached list of non -conforming work. If ENGINEER concludes that the Work is not Substantially Complete, ENGINEER will, within fourteen (14) days, notify CONTRACTOR of the reason he believes the Work is not Substantially Complete Upon Substantial Completion of the Work, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities, pending final payment and acceptance, with respect to security, maintenance, utilities and damage to the Work, except as otherwise provided in the Certificate of Substantial Completion. NEITHER THE SUBSTANTIAL COMPLETION OF THE WORK, NOR THE OMISSION OF AN ITEM FROM THE PUNCHLIST, SHALL EXCUSE THE CONTRACTOR FROM PERFORMING ALL OF THE WORK UNDERTAKEN, WHETHER OF A MINOR OR MAJOR NATURE, AND THEREBY COMPLETING THE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. The Certificate of Substantial Completion shall establish the time period within which CONTRACTOR shall complete the Work for Final Acceptance by the Owner and ENGINEER. 6.08-1 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, for security requirement reasons. OWNER may establish an access procedure to facilitate CONTRACTOR's uninterrupted access to the Work for the purposes of completing and correcting all items on the Punchlist in an expeditious manner. 6.09 FINAL PAYMENT. Final payment of the Retainage withheld from the Contract Price shall be made by the OWNER to the CONTRACTOR at such time as: (a) the Work including all Change Orders and including all Punchlist work, has been fully completed in strict accordance with the Contract Documents; (b) the Contract has been fully performed except for the CONTRACTOR's responsibility to correct nonconforming Work during the warranty period set forth in the Contract Documents, and to satisfy other requirements, if any, which necessarily survive final payment; (c) CONTRACTOR delivers to OWNER a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days prior written notice has been given to OWNER; (d) CONTRACTOR delivers to OWNER a Consent of Surety, if any, to 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 35 97 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (f) (g) 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; 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 OWNFR, 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 35 98 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.11 CORRECTION OF WORK AFTER FINAL PAYMENT. If within one (1) year from the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR shall, at its sole cost, correct it and any other work affected thereby promptly after receipt of a written notice from OWNER to do so. In addition, CONTRACTOR shall be responsible for any damage to building contents, when such damage results from the CONTRACTOR's use of faulty materials or defective workmanship; to the extent such damage is not covered by OWNER's insurance. This warranty period shall renew and recommence for each corrected item of Work upon completion of the remedial work. This time period for correction by CONTRACTOR is in addition to, and not in lieu of, all warranties or remedies, which exist at common law or by statute. These warranty obligations shall survive the termination of this Contract, and shall be enforceable by a decree of specific performance, in addition to such other rights and remedies available to OWNER at law or in equity. 6.12 PAYMENTS WITHHELD The OWNER may withhold, or on account of subsequently discovered evidence nullify and demand immediate repayment of, the whole or part of any certificate for payment or payment, to such extent as may be necessary to protect OWNER from loss on account of: (a) Defective or non -conforming Work not remedied; (b) Claims filed or reasonable evidence indicating probable filing of claims; (c) Failure of the CONTRACTOR to make payments promptly to subcontractors or for material or labor; (d) Damage to another contractor, OWNER, existing improvements on the site, or to adjacent or adjoining property; (e) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract amount; (t) (g) Reasonable indication that the Work will not be completed within the Contract Time; Failure on the part of the CONTRACTOR to execute any and all documents, releases or other documents presented to the CONTRACTOR for execution, as provided for herein or otherwise; (h) Liquidated or other damages due to late completion; and/or (i) Any breach by CONTRACTOR of this Contract or any other agreement between OWNER and CONTRACTOR. When the above grounds are removed to OWNER's satisfaction, the withheld payment shall be made promptly. If the said causes are not so remedied, OWNER may remedy the same for CONTRACTOR's account, charge the entire cost thereof to CONTRACTOR and deduct such cost 10-2012 00700 - 26 of 35 99 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 teens 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 FNGINEER will notify the CONTRACTOR in writing of the determination whether or not an adjustment of the contract is warranted. (b) No contract adjustment which results in a benefit to the CONTRACTOR will be allowed unless the CONTRACTOR has provided the required written notice. (c) No contract adjustment will be allowed under this clause for any effects caused on unchanged work. 7.02 SUSPENSIONS OF WORK ORDERED BY THE ENGINEER If the performance of all or any portion of the work is suspended by the ENGINEER in writing for seven (7) calendar days and the CONTRACTOR believes that additional compensation and/or contract time is due as a result of such suspension, the CONTRACTOR shall submit a written request for adjustment to the ENGINEER within seven (7) calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. (a) Upon receipt, the ENGINEER will evaluate the CONTRACTOR's request. If the ENGINEER agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the CONTRACTOR, its suppliers or subcontractors at any approved tier, and not caused by weather, the ENGINEER will make an adjustment (excluding profit) and modify the contract in writing accordingly. The CONTRACTOR will be notified of the ENGINEER's determination, in writing, whether or 10-2012 00700 - 27 of 35 100 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 Method (B) --By agreed unit prices or agreed stipulated lump sum price; or 10-2012 00700 - 28 of 35 101 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Method (C) --If neither Method (A) nor Method (B) can be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "Actual Field Cost" of the work plus: a) For subcontractors performing work mark-up shall be limited to fifteen percent, ten (10%) for the subcontractor plus five (5%) for the General Contractor or b) For the General Contractor alone, self -performing the extra work, without subcontractor, the mark-up shall not exceed ten percent (10%), as full and final compensation for the Extra Work and all costs and expenses, direct or indirect, arising out of or related thereto. In the event said Extra Work or Change Order or Work Change Directive work is performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "Actual Field Cost' is hereby defined as the cost to the CONTRACTOR of all workers, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals of machinery and equipment, for the time actually employed or used on such Extra Work or Change Order or Work Change Directive work, plus actual transportation charges necessarily incurred together with all power, fuel, lubricants, water and similar operating expenses, plus all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation, and all other insurance as may be required by law or ordinance, or the Contract Documents, plus all payments to subcontractors for such work. The ENGINEER may direct the form in which accounts of the "Actual Field Cost" shall be kept and the records of these accounts shall be made available to the ENGINEER The ENGINFER 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 Fxtra Work, then the cost to maintain and operate the same shall be included in the "Actual Field Cost.' No claim for Extra Work of any kind will be allowed unless ordered by the ENGINEER in a written Work Order. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the Contract Time, he shall make written request to the ENGINEER for a written Work Order authorizing such Extra Work within ten (10) days of ENGINEER s orders or instructions, otherwise the orders or instructions will be considered minor changes. The issuance of a Work Order by the ENGINEER shall not constitute or be construed as an agreement or acknowledgement by the ENGINEER that the work which is the subject of the Work Order is Extra Work outside the scope of the Contract Work, but shall merely constitute a direction to the 10-2012 00700 - 29 of 35 102 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR to perform the work, and the CONTRACTOR shall proceed with the work, and shall keep an accurate account of the "Actual Field Cost" thereof, as provided under Method (C). Upon completion of the alleged Extra Work, the CONTRACTOR shall promptly and within ten (10) days submit his claim to the ENGINEER by proper certification and attestation, on forms provided by the ENGINEER The ENGINEER shall render a written decision on CONTRACTOR's claim within ten (10) days. It is mutually agreed between the parties that the ENGINEER s decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time, shall be final and conclusive and binding upon the parties If the ENGINEER shall fail to respond in writing to CONTRACTOR s claim within thirty (30) days of the date of submission or if CONTRACTOR shall dispute or object to ENGINEER's decision on any claim, and CONTRACTOR fails to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0 within sixty (60) days after the date of submission to the ENGINEER, or such longer period as the parties may agree to in writing, the CONTRACTOR shall lose and forfeit his right to make such claim for Extra Work at any later date, and all such claims held by the CONTRACTOR shall be deemed waived, forfeited and forever barred. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 7.07 TIME OF FILING CLAIMS. Except as otherwise provided herein, all questions of dispute or adjustment shall be made within the Pro-Trak system and filed with the ENGINEER within three (3) days after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty (30) days to such written exceptions, and render his final decision in writing. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR s performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time shall be final and conclusive and binding upon the parties. In case the CONTRACTOR should desire to appeal from the ENGINEER's decision, the CONTRACTOR may request a meeting between representatives of the OWNER and the CONTRACTOR for the purposes of appealing the ENGINEER s decision directly to the OWNER, such meeting to occur within ten (10) days after the date of the CONTRACTOR's request, or such longer period as may be agreed to by the parties in writing. If the CONTRACTOR shall still be aggrieved after a meeting with the OWNER and/or his representative, the CONTRACTOR shall have sixty (60) days after the date of the meeting, or such longer period as the parties may agree to in writing, to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0. In the event the CONTRACTOR shall fail, for any reason, to timely file a Request for Mediation, the OWNER shall be released of any and all liability, and the CONTRACTOR s failure to timely file a Request for Mediation shall constitute a waiver forfeit and final bar of all such claims held by the CONTRACTOR against the OWNER CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 8.0 DEFAULT 8.01 DEFAULT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume Work within five (5) days after written notification from the OWNER 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 10-2012 00700 - 30 of 35 103 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT without prejudice to any other rights it may have, after giving five (5) days written notice of default to CONTRACTOR and any surety, to terminate the Contract or any part thereof and/or to take over or cause others to take over the Work or any part thereof, and to complete such Work for the account of CONTRACTOR. Where Performance and Payment Bonds exist, the sureties on these bonds shall be directed to complete the Work in conjunction with the notice of default, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of default, the CONTRACTOR shall promptly and within no more than three (3) days, remove from the Work any machinery, equipment, or tools then on the job, not intended for incorporation into the Work. Should CONTRACTOR fail to promptly remove such machinery, equipment or tools, OWNER may remove such machinery, equipment or tools and store same at CONTRACTOR's expense; return such machinery, equipment or tools to their purported owner, or otherwise dispose of such machinery, equipment or tools as OWNER sees fit. Any materials, supplies and/or equipment delivered for use in the Work, may be used in the completion of the Work by the OWNER or the surety on the Performance Bond, or another contractor in completion of the Work; it being understood that the use of such equipment, supplies and materials will ultimately reduce the cost to complete the Work and be reflected in the final settlement. Where there is no Performance Bond or in case the surety should fail to commence compliance with the notice for completion hereinabove provided for within ten (10) days after the service of such notice, then the OWNER may provide for completion of the Work in either of the following elective manners: (a) The OWNER may thereupon employ such force of workers and use such machinery, equipment, tools, materials and supplies as the OWNFR may deem necessary to expeditiously complete the Work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall be credited with the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by such CONTRACTOR, then the CONTRACTOR and/or his surety shall promptly pay the amount of such excess to the OWNER upon demand; or (b) The OWNER under sealed bids, under the times and procedures provided for by law, may let the contract for completion of the Work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the OWNER under the completion contract, as compared to what would have been the cost under this Contract, such increase shall be charged to the CONTRACTOR, and the amount of such increase may be deducted by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR, or the CONTRACTOR and/or his surety shall promptly pay the amount of such increase to the OWNER 10-2012 00700 - 31 of35 104 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 twits of this Contract, or when the CONTRACTOR and/or his surety shall pay the balance shown tobe due by them to the OWNER, then all machinery, equipment, tools or supplies left on the site of the Work shall be turned over to the CONTRACTOR and/or his surety. Should the cost to complete the Work exceed the Contract Price, and the CONTRACTOR and/or his surety fail to pay the amount due the OWNER within the time designated above, and there remains any machinery, equipment, tools, materials or supplies which are the property of CONTRACTOR on the site of the Work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his surety at the respective addresses designated in the Contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice such property shall be held at the risk of the CONTRACTOR and his surety, subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of such notice, the OWNER may sell such property, equipment, tools, materials or supplies, and apply the net sum derived from such sale to the credit of the CONTRACTOR and his surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials or supplies, which remain on the Work, and belong to persons other than the CONTRACTOR or his surety, to their reputed owners. 8 02 SUPPLEMENTATION OF CONTRACTOR FORCES If CONTRACTOR at any time shall in OWNER'S sole opinion, fail to furnish skilled workers, suitable materials, supplies or adequate equipment sufficient for the prompt, timely and diligent prosecution of the Work in accordance with OWNER's direction, OWNER shall have the right, without prejudice to the exercise of other remedies for the same default and without fully taking over the Work, to supplement CONTRACTOR s forces and to expedite delivery of and to procure and furnish such workers, materials, tools, supplies or equipment for CONTRACTOR's account by employing other contractors and suppliers engaged in the same class of work and charge the entire cost thereof to CONTRACTOR, said cost to be deducted from sums due or to become due to CONTRACTOR under the Contract or any other agreement with OWNER or any parent, subsidiary or affiliate of OWNER. 10-2012 00700 - 32 of 35 105 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8.03 CUMULATIVE REMEDIES & SPECIFIC PERFORMANCF, All rights and remedies of OWNER, under the terms of the Contract and/or available at law or in equity, are cumulative. In the event CONTRACTOR or any of its subcontractors, vendors or suppliers fails or refuses for any reason to provide timely manufacture, fabrication, delivery, installation, erection, construction or completion of any supplies, materials, expendables, equipment, machinery, accessories or appurtenances to be furnished hereunder, CONTRACTOR acknowledges and agrees that such items are required, necessary, essentially unique to the Project and the Work and will cause irreparable harm to OWNER and the Project if not furnished in accordance with the Contract, and OWNER shall have the right to obtain a decree of specific performance and mandatory injunctive relief from any Court of competent jurisdiction to ensure the timely furnishing of such items. 8.04 CROSS -DEFAULT. If, for any reason, CONTRACTOR is declared in default and/or terminated by OWNER under any other agreement with OWNER, whether related to the Project or not related to the Project, OWNER shall have the right to offset and apply any amounts which might be owed to OWNER by CONTRACTOR under any other such agreements against any earned but unpaid amounts owing to CONTRACTOR by OWNER under the Contract, any retainage earned by CONTRACTOR under the Contract or any unearned, unpaid amount under the Contract. 8.05 INSOLVENCY. It is recognized that if CONTRACTOR becomes a debtor in voluntary or involuntary bankruptcy proceedings, makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of his insolvency, such events could seriously impair or frustrate CONTRACTOR's performance of the Work. Accordingly, it is agreed that should CONTRACTOR become a debtor in bankruptcy, either voluntary or involuntary, CONTRACTOR shall notify OWNER in writing within twenty-four (24) hours of the filing with the bankruptcy court. Further, it is agreed that upon occurrence of any one or more such events, OWNER shall be entitled to request of CONTRACTOR or its successors, trustees or receivers, adequate assurances of future performance. In the event such adequate assurances are not given to the reasonable satisfaction of OWNER within seventy-two (72) hours of such request, OWNER shall have the right to immediately invoke the remedies of this Section 8 or as provided by law. Pending receipt of such adequate assurances of such future performance, OWNER may proceed with the Work on a temporary basis and deduct the costs, plus reasonable overhead and profit, from any amounts due or which may become due to CONTRACTOR under the Contract or any other agreement with OWNER In this regard, OWNER and CONTRACTOR agree that delays in performance could result in more damages to CONTRACTOR than would be sustained if OWNER failed to exercise such remedies. 8.06 CONTINGENT ASSIGNMENT. CONTRACTOR hereby assigns to OWNER, all of CONTRACTOR's rights under and interest in any and all subcontracts and/or purchase orders entered into by CONTRACTOR pursuant to this Agreement, such assignment to become effective upon CONTRACTOR's default under this Agreement or OWNER's teiuiination 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 10-2012 00700 - 33 of 35 106 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT shall be obligated to pay such subcontractor any amounts due and owing under the terms of the subcontract/purchase order, at the subcontract prices and rates, and subject to any rights of withholding or offset and other terms and conditions of the subcontract, for all work properly performed by such subcontractor, to the date of OWNER's acceptance and thereafter. OWNER's liability in this connection, however, shall not exceed the amount obtained by subtracting all payments made by CONTRACTOR to subcontractor from the Subcontract Price at the time of CONTRACTOR s default or OWNER's termination of CONTRACTOR. CONTRACTOR shall include a provision in its subcontracts that allows such assignment and allows OWNER to take these actions, and further provides that in the event of CONTRACTOR s termination for default, the subcontractor agrees to give the OWNER or its agent the right to inspect all books and records of subcontractor relating to the Work. 8.07 WAIVER OF CONSEQUENTIAL DAMAGES CONTRACTOR expressly waives any and all claims for consequential damages against OWNER arising out of or related to this Contract, or any other agreements between CONTRACTOR and OWNER including, but not limited to, claims for damages incurred by CONTRACTOR for principal office expenses, including the compensation of personnel stationed there, losses of financing, bonding capacity, business and reputation, and claims for lost profit, whether on this Contract or otherwise. 8.08 TERMINATION FOR CONVENIENCE OWNER may at its sole discretion upon five (5) days written notice to CONTRACTOR, terminate this Contract, in whole or in part if and when OWNER determines that it is in the best interest of OWNER to do so. Upon receipt of such written notice from OWNER, CONTRACTOR shall cease all terminated Work and take reasonable precautions to protect and preserve such work, and shall take all reasonable measures after consultation .with OWNER to terminate or assign to OWNER all subcontracts, purchase orders or other commitments related to the Work or the Project on terms and conditions acceptable to OWNER CONTRACTOR will be paid for all Work performed in strict accordance with the Contract Documents, based upon the Contract Price and the percentage of completion on the date of termination, and less amounts previously paid subject to any reasonable backcharges attributable to CONTRACTOR's failure to comply with any of the provisions of this Contract and further subject to the other terms of this Contract regarding payment In no event will CONTRACTOR receive or be entitled to any payment or compensation whatsoever for interruption of business or loss of business opportunities, any other items of consequential damages, for overhead or loss of profits on the unperfoiined Work and/or services and unfurnished materials or for any intangible, impact or similarly described cost, damages or expense, and under no circumstances shall the total sum paid to or received by CONTRACTOR under this Contract exceed the Contract Price. The compensation provided herein shall be CONTRACTOR's sole and exclusive remedy arising out of a termination for convenience. 8.09 DEFAULT BY OWNER. In case the OWNER shall default on its material obligations under this Contract, other than OWNER's failure to pay CONTRACTOR a disputed amount due within the time limits provided in the Contract or applicable law, as addressed by Section 6.13 of this Agreement, and shall fail or refuse to cure, or to commence and diligently pursue cure of such default within fifteen (15) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the Work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of the Work that have not been included in payments to the CONTRACTOR and have not been incorporated into the Work. And thereupon, the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all Work actually completed by 10-2012 00700 - 34 of 35 107 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 FNGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement, and shall present the same to the OWNER, and OWNER s payment of said sum to the CONTRACTOR, on or before thirty (30) days after OWNER s receipt of such statement, shall satisfy any and all rights, claims or causes of action of CONTRACTOR arising out of or related to such default by OWNER, and shall be CONTRACTOR s sole and exclusive remedy for such default. A disputed or unilateral claim by the Contractor cannot by itself constitute a default hereunder. 9.0 DISPUTE RESOLUTION Any dispute or pending claim or dispute resolution process between OWNER and CONTRACTOR shall not excuse or relieve CONTRACTOR of its obligations under the Contract, and CONTRACTOR shall diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. All claims, disputes and other matters in question arising out of or relating to, the Contract, or the breach thereof, shall be subject to mediation as a condition precedent to any other dispute resolution process as may be selected by OWNER Unless mutually agreed otherwise the mediation shall be conducted by a third party who will be selected by agreement between OWNER and CONTRACTOR, and Request for Mediation shall be filed with the other party. The parties shall share the mediator's fee and any filing fees equally. If a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the work of a subcontractor or supplier, OWNER or CONTRACTOR may join such subcontractor or supplier as a party to any mediation proceeding between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts and/or purchase orders related to the Work a specific provision whereby the subcontractor or supplier consents to being joined in mediation between OWNER and CONTRACTOR involving the work of such subcontractor or supplier. This Contract shall be governed by the laws of the State of Texas and shall be considered performable in Brazoria County, Texas, for venue purposes. Further, the OWNER and CONTRACTOR stipulate that venue for any dispute resolution proceeding involving or touching upon the Contract other than the conduct of an arbitration hearing shall be in Brazoria County, Texas, or, if such choice of venue is prohibited or unenforceable by law, shall be held in the county where the Project is located. CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in the event OWNER seeks to enforce any provision of this Contract whether by arbitration or other dispute resolution process. Further, in the event OWNER defends any claim instituted by CONTRACTOR against OWNER whether in arbitration or other dispute resolution process, CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in defending such claim provided OWNER is the prevailing party, in whole or in part, in such proceeding. 10-2012 00700 - 35 of 35 108 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 - A 1 109 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. NOTICF 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." I. 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: (3) 05/2007 provide the CONTRACTOR, prior to the end of the coverage period, a new 00700 - A2 110 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT certificate of coverage, showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (4) obtain from each other person with whom it contracts, and provide to the CONTRACTOR: (a) a certificate of coverage, prior to the other person beginning work on the Project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (5) retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; (6) notify the OWNER in writing by certified mail or personal delivery within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage agreements will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR, which entitles the OWNER to pursue all rights and remedies available to it under the Contract, at law or in equity, if the CONTRACTOR does not remedy the breach within ten days after receipt of notice of breach from the OWNER. 05/2007 00700 - A3 111 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 Pulice Construction, Inc. (hereafter ` CONTRACTOR") and the City of Pearland (hereafter ` OWNER") for the Project known as Construct 4-Lane Undivided Fite Road from McLean Road to Veterans Drive (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, RELEASb and FOREVER DISCHARGE OWNER of and from all manner of debts, claims, demands, obligations, suits, liabilities and causes of action of any nature whatsoever, at law or in equity, in contract or in tort, now existing or which may hereafter accrue, arising out of or related to the Contract, any Change Orders or Work Orders, the Work, or any labor, materials, equipment or services furnished by CONTRACTOR to OWNER 3. The CONTRACTOR, acting by and through the person or persons whose names are subscribed hereto, does solemnly swear and affirm that all bills and claims have been paid to all materialmen, suppliers, laborers, subcontractors, or other entities performing services or supplying materials or equipment, and that OWNER shall not be subject to any bills, claims, demands, litigation or suits in connection therewith. 4. It is further specifically understood and agreed that this Agreement for Final Payment and Contractor's Sworn Release shall constitute a part of the Contract, and it is also specifically understood and agreed that this Agreement shall not act as a modification waiver or renunciation by OWNER of any of its rights or remedies as set out in the Contract itself, but this Agreement for Final Payment and Contractor's Sworn Release shall constitute a supplement thereto for the additional protection of OWNER. 05/2007 00700 - B 1112 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT SIGNED and EXECUTED this, the day of , 20 CONTRACTOR: By: Signature Print Name: Title: [If CONTRACTOR is a proprietorship, owner must sign, if a partnership, each general partner must sign; if a corporation, the following language should be used.] SIGNED and EXECUTED this, the day of 20 by , a Texas corporation, under authority granted to the undersigned by said corporation as contained in the Charter, By -Laws or Minutes of a meeting of said corporation regularly called and held. CONTRACTOR: Bye President ATThST: 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 113 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 faun is for use in the event CONTRACTOR is a corporation.] 07/2006 00700 - B3 114 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT STATE OF TEXAS § COUNTY OF § AFFIDAVIT BEFORE ME, the undersigned authority, on this day personally appeared the persons who signed and executed the above and foregoing Agreement for Final Payment mid Contractor's Sworn Release, whose names are set out above, who each, after being by me duly sworn, on their oaths deposed and said: We each are the persons whose names are subscribed above, and hold respectively the offices in the corporation as set out above, and each state under oath that we have the authority to execute this Agreement for Final Payment and Contractor's Sworn Release for and on behalf of said corporation, pursuant to authority granted to us in the Charter of said corporation, the By -Laws of said corporation and/or the Minutes of said corporation; and the facts, statements and representations as set out in the instrument to which this Affidavit is attached, are true and correct. SWORN TO AND SUBSCRIBED TO before me this, the day of 20 . Notary Public, State of Texas My Commission Expires: 07/2006 00700 - B4 115 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 - CI 116 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3. Conditions Affecting All Insurance Required Herein 3.1 Cost of Insurance. All insurance coverage shall be provided at the Contractor's sole expense. 3.2 Status and Rating of Insurance Company. All insurance coverage shall be written through insurance companies authorized to do business in the state in which the work is to be performed and rated no less than A-: VII in the most current edition of A. M. Best's Key Rating Guide. 3.3 Restrictive, Limiting, or Exclusionary Endorsements. All insurance coverage shall be provided to the Owner Parties in compliance with the requirements herein and shall contain no endorsements that restrict, limit or exclude coverage required herein in any manner without the prior express written approval of the Owner. 3.4 Limits of Liability. The limits of liability may be provided by a single policy of insurance or by a combination of primary and umbrella policies, but in no event shall the total limits of liability available for any one occurrence or accident be less than the amount required herein. 3.5 Notice of Cancellation, Nonrenewal, or Material Reduction in Coverage. All insurance coverage shall contain the following express provision: In the event of cancellation non -renewal, or material reduction in coverage affecting the certificate holder, thirty (30) days prior written notice shall be given to the certificate holder by certified mail or registered mail, return receipt requested. 3.6 Waiver of Subrogation. The Contractor hereby agrees to waive its rights of recovery from the Owner Parties with regard to all causes of property and/or liability loss and shall cause a waiver of subrogation endorsement to be provided in favor of the Owner Parties on all insurance coverage carried by the Contractor, whether required herein or not. 3.7 Deductible/Retention Except as otherwise specified herein, no insurance required herein shall contain a deductible or self -insured retention in excess of $25,000 without prior written approval of the Owner. All deductibles and/or retentions shall be paid by, assumed by, for the account of, and at the Contractor's sole risk. The Contractor shall not be reimbursed for same. 4. Maintenance of Insurance. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required: 10-2012 00700 - C2 117 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 General Aggregate Limit Product -Completed Operations Aggregate Limit Personal and Advertising Injury Limit 4.1.4 Required Endorsements $1,000,000 $2,000,000 $2,000,000 $1,000,000 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 1001;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 118 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 119 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 120 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.2 Covered Property. Such insurance shall cover: Form 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. 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 completion of project (where applicable) ii. Agreed value iii. Damage arising from error, omission or deficiency in construction methods design, specifications, workmanship or materials, including collapse iv. Debris removal additional limit v. Earthquake (where applicable) vi. Earthquake sprinkler leakage (where applicable) vii. Expediting expenses viii. Flood (where applicable) ix. Freezing x. Mechanical breakdown including hot & cold testing (where applicable) xi. Notice of cancellation non -renewal or $ TBD Included without sublimit Included without sublimit 25% of direct damage loss $ TBD $ TBD $ TBD $ TBD Included without sublimit Included without sublimit Included 10-2012 00700 - C6 121 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT material reduction — 60 days prior written notice to each insured xii. Occupancy clause, as required in F, below xiii. Ordinance or law xiv. Pollutant clean-up and removal xv. Preservation of property xvi. Replacement cost xvii. Theft xviii. Waiver of subrogation as required in G, below. Included Included $ TBD Included Included Included Included without sublimit without sublimit without sublimit 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 Occurrence, except b. Delayed Opening Waiting Period c. Flood, Per Occurrence d. Earthquake and Earthquake Sprinkler Leakage, Per Occurrence $5,000 5 Days $25,000 or excess of NFIP if in Flood Zone A, BorV $25,000 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 122 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.6 Waiver of Subrogation: The waiver of subrogation provision shall be endorsed as follows: a. A waiver of subrogation shall be provided in favor of all insureds. b. The waiver of subrogation provisions shall be endorsed as follows: 5. Intentionally left blank. 6. Evidence of Insurance 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. 6.1 Provision of Fvidence. 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 123 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 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 124 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 - CIO 125 AC0RO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/27/2016 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 have ADDITIONAL INSURED provisions or 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 Aon Risk Services Northeast, Inc. Garden City NY office 900 Stewart Avenue 3rd Floor Garden City NY 11530 USA CONTACT NAME: PHONE (516) 396-4000 (NC. No. Ext): E-MAIL ADDRESS: FAX (800) 363-0105 (A/C. No.): INSURER(S) AFFORDING COVERAGE NAIC # INSURED Pulice Construction Inc 2033 West Mountain View Road Phoenix AZ 85021 USA INSURER A: American Guarantee & Liability Ins Co 26247 INSURER B: Zurich American Ins Co 16535 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570064246488 REVISION NUMBER: THIS INDICATED. CERTIFICATE EXCLUSIONS IS TO CERTIFY THAT THE POLICIES NOTWITHSTANDING ANY REQUIREMENT, MAY BE ISSUED OR MAY PERTAIN, AND CONDITIONS OF SUCH OF INSURANCE POLICIES, THE LISTED BELOW HAVE BEEN TERM OR CONDITION OF ANY CONTRACT INSURANCE AFFORDED BY THE LIMITS SHOWN MAY HAVE BEEN REDUCED ISSUED TO THE OR OTHER POLICIES DESCRIBED BY PAID INSURED CLAIMS. DOCUMENT HEREIN NAMED ABOVE FOR THE POLICY PERIOD WITH RESPECT TO WHICH THIS IS SUBJECT TO ALL THE TERMS, Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY1 POLICY fMMIDDIYYYY)1 EXP LIMITS B X COMMERCIALGENERAL LIABILITY Y Y GL0008270701 12/O1/2015 12/01/2016 EACH OCCURRENCE $3,000,000 DAMAGE TO RENTED CLAIMS -MADE I X I OCCUR PREMISES (Ea occurrence) $1,000,000 MED EXP (Any one person) $10, 000 PERSONAL & ADV INJURY $3,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE , 000, 000 POLICY X PRO-X JECT LOC I PRODUCTS-COMP/OPAGG $6,000,000 OTHER: A AUTOMOBILE LIABILITY Y BAP 5953641-02 12/01/2015 12/01/2016 COMBINED SINGLE LIMIT (Ea accident) $2 , 000 , 000 X ANYAUTO BODILY INJURY ( Per person) OWNED SCHEDULED AUTOS BODILY INJURY (Per accident) AUTOS ONLY X HIREDAUTOS x NON -OWNED PROPERTY DAMAGE ONLY AUTOS ONLY (Per accident) _ A X UMBRELLALIAB X OCCUR Y Y SXS525204402 12/01/2015 12/01/2016 EACH OCCURRENCE $25,000,000 EXCESSLIAB CLAIMS -MADE AGGREGATE $25,000,000 DED RETENTION B WORKERSCOMPENSATIONAND EMPLOYERS' LIABILITY Y / N Y WC595373602 12/01/2015 12/01/2016 x PER STATUTE OTH- ER ANY PROPRIETOR/ PARTNER/ EXECUTIVE N E.L. EACH ACCIDENT Si, 000, 000 OFFICER/MEMBER EXCLUDED? N / A in (MandatoryNH) It yes, describe under E.L. DISEASE -EA EMPLOYEE $1, 000, 000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1, 000, 000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES Re: COP Project No.: TR1202, TxDOT Project undivided fite road from Mclean Road With respects to the General Liability officers, employees, or agents of such Additional insured as provided by contract and Non -Contributory to other insurance provisions. The City of Pearland, its (ACORD 101, Additional Remarks Schedule, may be attached it more space is required) No.: STP 2014(546) MM, TxOOT CSJ 0912-31-272, Bid to Veterans Drive Policy, the City of Pearland, its successors and assigns, persons or entities, and others as required by the per the policy terms and conditions. General Liability available to an Additional Insured, but only in accordance successors and assigns, and the Engineer, any officers, No.: 0716-46; Construct and the Engineer, Contract Documents, if evidenced herein with the policy's employees, or agents 4-Lane any any are an is Primary of such CERTIFICATE HOLDER CANCELLATION City of Pearland 3519 Liberty Drive Pearland TX 77581 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRE MacJsGttelaeta c. es `frA Zle tire. ACORD 25 (2016/03) 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Holder Identifier CO a Certificate No 2 ra AC RO 0® AGENCY CUSTOMER ID: 980000043978 LOC #: ADDITIONAL REMARKS SCHEDULE Page AGENCY Aon Risk services Northeast, Inc. POLICY NUMBER see Certificate Number: 570064246488 CARRIER See Certificate Number: 570064246488 INMCCODE NAMED INSURED Pulice Construction Inc EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Additional Description of Operations / Locations / Vehicles: persons or entities, and others as required by the contract Documents, if any are granted a waiver of Subrogation with respects to the General Liability, Automobile Liability and workers' Compensation policies as provided by contract per the policy terms and conditions. umbrella follows form. ACORD 101 (2008/01) 02008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Additional Insured —Automatic —Owners, Lessees Or Contractors ZURICH No. Date No. Add'I. Date Date End. Producer Prem Return Prem. Policy Eff. of Pol. Exp. of Pol. Eff of G L00082707-01 12/01/2015 12/01/2016 12/01/2015 69993-000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: DRAGADOS USA, INC. Address (including ZIP Code): 810 NTH AVE, NEW YORK NY 10019 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or ' property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U-GL-1175-F CW (04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or wntten agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence', offense, claim or "suit' This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or wntten agreement referenced in Paragraph A. of this endorsement, or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F CW (04/13) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER• GLO 0 0 8 2 7 0 7— 01 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): A GENERAL AGGREGATE LIMIT APPLIES TO EACH CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS, HOWEVER, ONLY ONE GENERAL AGGREGATE LIMIT WILL APPLY TO ALL CONSTRUCTION PROJECTS WHERE THE NAMED INSURED IS PERFORMING OPERATIONS THAT ARE INSURED UNDER A WRAP UP OR ANY OTHER COMBINED, CONSOLIDATED OR SIMILAR INSURANCE PROGRAM. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences' under Section I —Coverage A, and for all medical expenses caused by accidents under Section I —Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury or "property damage" included in the 'products - completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits'. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 ❑ B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences' under Section I —Coverage A, and for all medical expenses caused by accidents under Section 1 —Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of bodily injury" or "property damage" included in the 'products -completed operations hazard" will reduce the Products -completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III —Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Insurance Services Office, Inc., 2008 CG 25 03 05 09 0 Policy Number GLO 0082707-01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMON POLICY CHANGE ENDORSEMENT Endorsement No. ZURICH AMERICAN INSURANCE COMPANY Named Insured DRAGADOS USA, INC . Agent Name AON RISK SERVICES NORTHEAST, INC . 036 Effective Date 10- 2 8 -16 12:01 A.M., Standard Time Agent No. 69993-000 This endorsement will not be used to decrease coverages, increase rates or deductibles or alter any terms or conditions of coverage unless at the sole request of the insured. COVERAGE PART INFORMATION —Coverage parts affected by this change as indicated by x below. X Commercial Property Commercial General Liability Commercial Crime Commercial Inland Marine The following item(s): Insured's Name Policy Number Effective/Expiration Date Payment Plan Additional Interested Parties Limits /Exposures Covered Property/Location Description Rates Insured's Mailing Address Company Insured's Legal Status/Business of Insured Premium Determination Coverage Forms and Endorsements Deductibles Classification/Class Codes Underlying Exposure/Insurance is (are) changed to read (See Additional Page(s)} THE FOLLOWING FORM(S) HAS BEEN AMENDED: U-GL-1446-A CW 05-10 NOTIFICATION TO OTHERS OF CANCELLATION ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK STATE INSURANCE DEPARTMENT. HOWEVER, SUCH FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. The above amendments result in a change in the premium as follows: E No Changes C This premium does not include taxes and surcharges. To be Adjusted at Audit Additional I Return Tax and Surcharge Changes Additional Return Countersigned By: AUTHORIZED AGENT U-GU-614-A CW (10/02) CLASS 1 - 91560 New York Free Trade Zone Notification to Others of Cancellation ZURICHC1 Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Liquor Liability Coverage Part Products/Completed Operations Liability Coverage Part A. If we cancel this Coverage Part(s) by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the cancellation, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Part(s) by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s) / Organization(s): Days Number Notice: of CITY OF PEARLAND 30 3519 LIBERTY DRIVE PEARLAND, TX 77581 All other terms and conditions of this policy remain unchanged. U-GL-1446-A CW (05/ 10) Page 1of1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Coverage Extension Endorsement ZURICH Policy No. Eff Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. 12/01/2016 12/01/2015 69993-000 BAP5953641-02 12/01/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II — Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs a. and b. above. d. Any person(s) or organization(s) where required by written contract or written agreement executed prior to any "accident' provided the "accident" arises out of operations contemplated by such contract or agreement. 2. The following is added to the Other Insurance Provision in the Conditions Section: Coverage for any person(s) or organization(s) where required by written contract or written agreement executed prior to any "accident" will apply on a primary basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the coverage form. B. Amendment — Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual Toss of earnings up to $500 a day because of time off from work. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II — Liability Coverage does not apply. D. Driver Safety Program Physical Damage Coverage The following is added to Paragraph 2. in the Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. U-CA-424-E NY (04-11) Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. E. Towing and Labor The following is added to Paragraph A.2. of the Physical Damage Coverage Section: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. F. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible will be $100 or the deductible shown in the Declarations, whichever is less. If glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. G. Hired Auto Physical Damage - Increased Loss of Use Expenses The Loss Of Use Expenses Provision of the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto' ; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. H. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered auto' . No deductible applies to this coverage. However, we will not pay for "loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". I. Tapes, Records and Discs Coverage U-CA-424-E NY (04-11) Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1. The Exclusion in Paragraph B.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form do not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an ' insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such ' loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". J. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.3 a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form do not apply to the accidental discharge of an airbag K. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or coverage form and by another policy or coverage form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or coverage form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or coverage form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. The final deductible will always be in compliance with Section 3411(k) of New York insurance law. L. Physical Damage — Comprehensive Coverage — Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000. M. Temporary Substitute Autos — Physical Damage 1. The following is added to Section I — Covered Autos: Temporary Substitute Autos — Physical Damage If Physical Damage Coverage is provided by this coverage form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos — Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the ' loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. U-CA-424-E NY (04-11) Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. N. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of "accident", claim, "suit" or "loss' , you must give us or our authorized representative notice of the 'accident' , claim, "suit" or "loss" as soon as reasonably possible. However, these duties only apply when the "accident' , claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as reasonably possible: (1) How, when and where the "accident" or 'loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit"; (2) The "insured's" name and address, and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or 'loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. O. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or ' loss", provided that the "accident' or 'loss' arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. P. Employee Hired Autos — Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered 'auto". Q. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this coverage form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this coverage form; or (2) Make an error, omission, improper description of 'autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. R. Hired Auto — World Wide Coverage Paragraph e.(1) of the Policy Period, Coverage Territory Condition is replaced by the following: (1) A covered ' auto" is leased, hired, rented or borrowed for a period of 60 days or less and S. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: U-CA-424 E NY (04 11) Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. All other terms and conditions of this policy remain unchanged. U-CA-424-E NY (04-11) Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number BAP 5953641-02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMON POLICY CHANGE ENDORSEMENT Endorsement No. 20 AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY Named Insured DRAGADOS USA, INC . Agent Name AON RISK SERVICES NORTHEAST, INC . Effective Date: 10- 2 8 -16 12 01 A.M. Standard Time Agent No. 69993-000 This endorsement will not be used to decrease coverages, increase rates or deductibles or alter any terms or conditions of coverage unless at the sole request of the insured. COVERAGE PART INFORMATION —Coverage parts affected by this change as indicated by © below. Commercial Property Commercial General Liability Commercial Crime Commercial Inland Marine BUSINESS AUTOMOBILE The following item(s): Insured's Name Policy Number Effective/Expiration Date Payment Plan Additional Interested Parties Limits/Exposures Covered Property/Location Description Rates X Insured's Mailing Address Company Insured's Legal Status/Business of Insured Premium Determination Coverage Forms and Endorsements Deductibles Classification/Class Codes Underlying Exposure/Insurance is (are) changed to read {See Additional Page(s)) THE FOLLOWING FORM(S) HAS BEEN AMENDED: U-CA-811-A CW 05-10 NOTIF TO OTHERS OF CANC NONRNW RED ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME The above amendments result in a change in the premium as follows: No Changes El This premium does not include taxes and surcharges. To be Adjusted at Audit Additional Return Tax and Surcharge Changes Additional Return Countersigned By: AUTHORIZED AGENT U-GU-614-A CW (10/02) Notification to Others of Cancellation, Nonrenewal ZURICH® or Reduction of Insurance Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel or non -renew this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation or non -renewal: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the cancellation or non -renewal, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Part by written notice to the first Named Insured for nonpayment of premium, we will mail o r deliver a copy of such written notice of cancellation to the name and address corresponding to each person or o rganization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If coverage afforded by this Coverage Part is reduced or restricted, except for any reduction of Limits of Insurance due to payment of claims we will mail or deliver notice of such reduction or restriction: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the reduction or restriction, or the longer number of days notice if indicated in the Schedule below. D. If notice as described in Paragraphs A., B. or C. of this endorsement is mailed, proof of mailing will be sufficient proof o f such notice. SCHEDULE Name and Address of Other Person(s) / Organization(s): Number Notice: of Days CITY OF PEARLAND 30 3519 LIBERTY DRIVE PEARLAND, TX 77581 All other terms and conditions of this policy remain unchanged. U-CA-811-A CW (05/10) Page 1of1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: GLO 0082707-01 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION THAT IS INSURED UNDER THIS POLICY AND REQUIRES YOU TO WAIVE YOUR RIGHTS OF RECOVERY, IN A WRITTEN CONTRACT OR AGREEMENT WITH A NAMED INSURED THAT IS EXECUTED PRIOR TO THE ACCIDENT OR LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work' done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 Insurance Services Office, Inc., 2008 Page 1 of 1 Wolters Kluwer Financial Services I Uniform FormsTM WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION This endorsement changes the policy to which it is attached and is effective on the date issued Jnless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 1.2/01/2015 Policy No. WC.5953736-a2 Endorsement No. Insured r'`' I ce nstrucInc. Insurance Cotnpany zuricis Arner c ins;iranct Ce rno3ny WC 00 03 13 (Ed. 4-84) Copyright 1983 Nalionni Council on Compensation Insurance Countersigned B Premium $ Insurance for this coverage pars provided by: ZURICH AMERICAN INSURANCE COMPANY NCCI Company No.1 0863 WORKERS COMPENSATION CHANGE ENDORSEMENT Policy NumberWC 5953736-02 N AMED INSURED P ULICE CONSTRUCTION, INC. ENDORSEMENT EFFECTIVE DATE 10-28-16 POLICY NUMBER WC 5953736-02 POLICY TERM: 12-01-2 015 TO 12-01-2 016 ENDORSEMENT NUMBER 007 Change Description THE FOLLOWING FORM(S) HAS BEEN AMENDED: WC990634 05-10 NOTIF TO OTHERS OF CANC NONREN REDUCT PREMIUM CHANGE PRO-RATA FACTOR Additional Coverage Premium Additional Taxes & Surcharges Total Additional Premium S TA S TA Return Coverage Premium Return Taxes & Surcharges Total Return Premium STA STA Countersigned: Date By U-WC-317-A (07-94) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 NOTIFICATION TO OTHERS OF CANCELLATION, NONRENEWAL OR REDUCTION OF INSURANCE ENDORSEMENT This endorsement is used to add the following to Part Six of the policy. PART SIX CONDITIONS A. If we cancel or non -renew this policy by written notice to you for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation or non -renewal to the name and address corresponding to each person or organization shown in the Schedule below. Notification to such person or organization will be provided at least 10 days prior to the effective date of the cancellation or non - renewal, as advised in our notice to you, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this policy by written notice to you for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If coverage afforded by this policy is reduced or restricted, except for any reduction of Limits of Liability due to payment of claims, we will mail or deliver notice of such reduction or restriction to the name and address corresponding to each person or organization shown in the Schedule below. Notification to such person or organization will be provided at least 10 days prior to the effective date of the reduction or restriction, or the longer number of days notice if indicated in the Schedule below. D. If notice as described in Paragraphs A., B. or C. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s) / Organization(s): Days Number Notice: of CITY OF PEARLAND 30 3519 LIBERTY DRIVE PEARLAND, TX 77581 All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Insurance Company Policy No. Endorsement No. Premium $ WC990634 (Ed. 05-10) Includes copyrighted material of National Council on Compensation Insurance, Inc. with its permission. Page 1 of 1 Aco o CERTIFICATE OF PROPERTY INSURANCE 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. DATE (MM/DD/YYYY) 10/27/2016 I PRODUCER Aon Risk Services Northeast, Garden City 900 Stewart 3rd Floor Garden City NY office Avenue NY 11530 USA Inc. CONTACT NAME: PHONE (A/C. No. Ext): FAX (NC. No.): E-MAIL ADDRESS: PRODUCER CUSTOMER ID 980000043978 INSURER(S) AFFORDING COVERAGE NAIC # INSURED Pulice Construction Inc 2033 West Mountain View Road Phoenix AZ 85021 USA INSURER A: AGCS Marine Insurance Company 22837 INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVE 570064246502 • LOCATION OF PREMISES/ DESCRIPTION OF PROPERTY (Attach ACORD 101, Addition I Remarks Schedule, if more s ace Is required) Re: COP Project No.: TR1202, TxDOT Project No.: STP 2014(546) MM, TxDOT CSJ 0912-31-272, Bid No.: 0716-46; Construct 4-Lane undivided fite road from Mclean Road to Veterans Drive 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 LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYYY) POLICY EXPIRATION DATE (MMIDD/YYYY) COVERED PROPERTY LIMITS A X (PROPERTY X1 M93046329 12/01/2015 12/01/2016 BUILDING CAUSES AUISES OF LOSS DEDUCTIBLES PERSONAL PROPERTY BASIC BUILDING BUSINESS INCOME BROAD EXTRA EXPENSE CONTENTS SPECIAL RENTAL VALUE EARTHQUAKE X BLANKET BUILDING $8,441,200 _ WIND X BLANKET PERS PROP $14,064,320 FLOOD BLANKET BLDG & PP x ALL RISK -Subject to Exclusions Blkt PP Ded X INLAND MARINE TYPE OF POLICY X Miscellaneous Tools & $500,000 Contractors Eqp CAUSES OF LOSS POLICY NUMBER NAMED PERILS A Mxi93046329 12/01/2015 12/01/2016 X All Risk CRIME TYPE OF POLICY BOILER & MACHINERY / EQUIPMENT BREAKDOWN SPECIAL CONDITIONS I OTHER COVERAGES (ACORD 101, Additional Remarks Schedule, may be attached If more space I required) CERTIFICATE HOLDER CANCELLATION Holder Identifier 570064246502 CERTIFICATE NUMBER: city of Pearland 3519 Liberty Drive Pearland TX 77581 USA AUTHORIZED REPRESENTATIVE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. avail cirotehoe ACORD 24 (2016/03) 1995-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORO EVIDENCE OF PROPERTY INSURANCE i DATE (MM/DD!YYYY) 10/27/2016 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. AGENCY PHONE (A/C, NO, Exl): Aon Risk services Northeast, Inc. Garden City 900 Stewart 3rd Floor Garden city NY Office Avenue NY 11530 USA FAX (NC, No): E-MAIL ADDRESS: CODE: !SUB CODE: AGENCY CUSTOMER ID #: 980000043978 COMPANY AGCS Marine Insurance Company INSURED Pulice Construction Inc 2033 west Mountain view Road Phoenix AZ 85021 USA LOAN NUMBER POLICY NUMBER MX193046329 EFFECTIVE DATE 12/01/2015 EXPIRATION DATE 12/01/2016 THIS REPLACES PRIOR EVIDENCE DATED: CONTINUED UNTIL riTERMINATED IF CHECKED PROPERTY INFORMATION LOCATION/DESCRIPTION Re: COP Project No.: TR1202, TxDOT Project No.: STP 2014(546) MM, TXDOT CS7 0912-31-272, Bid No.: 0716-46; Construct 4-Lane undivided fite road from Mclean Road to veterans Drive 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 EVIDENCE OF PROPERTY INSURANCE 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 COVERAGE INFORMATION PERILS INSURED I BASIC BROAD SPECIAL X ALL RISK - COVERAGES!PERILSIFORMS AMOUNT OF INSURANCE DEDUCTIBLE Installation Floater Any one Loc $ 10,000,000 REMARKS (Including Special Conditions) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. i ADDITIONAL. INTEREST NAME AND ADDRESS City of Pearl and 3519 Liberty Drive Pearl and TX 77581 USA ADDITIONAL INSURED MORTGAGEE LENDER'S LOSS PAYABLE LOSS PAYEE LOAN # AUTHORIZED REPRESENTATIVE 570064246534 Certificate No gED Zia ACORD 27 (2016/03) 1993-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CITY OF PEARLAND LGPP GENERAL CONDITIONS AND SCOPE OF WORK Section 00770-T LGPP GENERAL CONDITIONS AND SCOPE OF WORK 1. CONTRACT INTENT The intent of the Contract is to describe the completed work to be performed. Furnish materials, supplies, tools, equipment, labor, and other incidentals necessary for the proper prosecution and completion of the work in accordance with Contract documents. 2. PRECONSTRUCTION CONFERENCE Before starting work, schedule and attend a preconstruction conference with the Owner. Failure to schedule and attend a preconstruction conference is not grounds for delaying the beginning of working day charges. Work with the Owner to resolve all issues during the course of the Contract. Refer to 00700 General Conditions, 9.0 and 3.05 ` Dispute Resolution," and "Determination of Questions or Disputes" for all unresolved issues. 3. REQUESTS FOR ADDITIONAL COMPENSATION Refer to 00700 7.0 Extra Work and Claims. The Owner will not consider fees and interest on requests for additional compensation. Fees include, but are not limited to: preparation, attorney, printing, shipping, and various other fees. Damages occur when impacts that are the responsibility of the Owner result in additional costs to the Contractor that could not have been reasonably anticipated at the time of letting Costs of performing additional work are not considered damages. For Contractor damages, the intent is to reimburse the Contractor for actual expenses arising out of a compensable impact. No profit or markups, other than labor burden, will be allowed. For damages labor burden will be reimbursed at 35% unless the Contractor can justify higher actual cost. Justification for a higher percentage must be in accordance with the methodology provided by the Owner , submitted separately for project overhead labor and direct labor, and determined and submitted by a Certified Public Accountant (CPA). Submit CPA -prepared labor burden rates directly to the Owner. If the Contractor requests compensation for delay damages and the delay is determined to be compensable, then standby equipment costs and project overhead compensation will be based on the duration of the compensable delay and will be limited as follows: 3.1. Standby Equipment Costs. Payment will be made in accordance with 00700 General Conditions. Time extensions and suspensions alone will not be justification for reimbursement for project overhead. 3 2 Home Office Overhead. The Owner will not compensate the Contractor for home office overhead 3-2016 00770-T 1 of 1 126 CITY OF PEARLAND LGPP GENERAL CONDITIONS AND CONTROL OF THE WORK Section 00780-T LGPP GENERAL CONDITIONS AND CONTROL OF THE WORK AUTHORITY OF ENGINEER The Engineer has the authority to observe, test, inspect, approve, and accept the work on behalf of the Owner. The Engineer decides all questions about the quality and acceptability of materials, work performed work progress, Contract interpretations, and acceptable Contract fulfillment. The Engineer has the authority to enforce and make effective these decisions. The Engineer acts as a referee in all questions arising under the terms of the Contract. The Engineer's decisions will be final and binding. 2. PLANS AND WORKING DRAWINGS When required, provide working drawings to supplement the plans with all necessary details not included on the Contract plans. Prepare and furnish working drawings in a timely manner and obtain approval, if required, before the beginning of the associated work. For all working drawing submittal requirements, the Engineer may allow electronic and other alternative submission procedures. Have a licensed professional engineer sign, seal, and date the working drawings as mdicated in Table 1 Prepare working drawings using United States standard measures in the English language. The routing of submittals for review and approval will be established at the preconstruction conference. The Contractor is responsible for the accuracy, coordination, and conformity of the various components and details of the working drawings. Owner approval of the Contractor's working drawings will not relieve the Contractor of any responsibility under the Contract. The work performed under this article will not be measured or paid for directly but will be subsidiary to pertinent items. 3-2016 00780-T 1 of 5 127 CITY OF PEARLAND LGPP GENERAL CONDITIONS AND CONTROL OF THE WORK Table 1 Signature and Approval Reuuirements for Workme Drawings Working Drawings For Professional Signature, Requires Date Licensed Engineer's Seal, and Requires Approval Owner 1. submitted Alternate or optional by Contractor designs Yes Yes Items 2. fabrication Supplementary drawings shop and for structural unless on the No required plans See applicable Item 3. facilities safety, Contractor that not -proposed affect included the on the temporary public plans Yes Yes 4. falsework details Form and Bridges, walls, major and structures retaining other shown unless Yes otherwise on the plans Not Minor structures shown unless on No otherwise the plans No 5. Erection drawings Yes No'•z 6. Contractor modifications -proposed to major control plan Yes Yes traffic 1. The Engineer may require that the Contractor have a licensed professional engineer certify that the temporary works are constructed according to the sealed drawings. 2. Approval is required for items spanning over live traffic or where safety of the traveling public is affected, in the opinion of the Engineer. 3. CONFORMITY WITH PLANS, SPECIFICATIONS, AND SPECIAL PROVISIONS Furnish materials and perform work in reasonably close conformity with the lines, grades, cross - sections, dimensions, details, gradations, physical and chemical characteristics of materials, and other requirements shown in the Contract (including additional plans for non -site -specific work). Reasonably close conformity limits will be as defined in the respective items of the Contract or, if not defined, as determined by the Engineer. Obtain approval before deviating from the plans and approved working drawings. Do not perform work beyond the lines and grades shown on the plans or any extra work without the Engineer's approval. Work performed beyond the lines and grades shown on the plans or any extra work performed without approval is considered unauthorized and excluded from pay consideration. The Owner will not pay for material rejected due to improper fabrication, excess quantity, or any other reasons within the Contractor's control 3.1. Correction of Defective or Unauthorized Work. When work fails to meet Contract requirements and is inadequate to serve the design purpose it will be considered defective. Correct or remove and replace, the work at the Contractor's expense, as directed. The Engineer has the authority to correct or to remove and replace defective or unauthorized work. The cost may be deducted from any money due or to become due to the Contractor. 3-2016 00780-T 2 of 5 128 CITY OF PEARLAND LGPP GENERAL CONDITIONS AND CONTROL OF THE WORK 4. COORDINATION OF PLANS, SPECIFICATIONS, AND SPECIAL PROVISIONS The specifications, accompanying plans (including additional plans for non -site -specific work), special provisions, change orders, and supplemental agreements are intended to work together and be interpreted as a whole. Numerical dimensions govern over scaled dimensions. Special provisions govern over plans (including general notes), which govern over standard specifications and special specifications. Job -specific plan sheets govern over standard plan sheets. Notify the Engineer promptly of any omissions, errors, or discrepancies discovered so that necessary corrections and interpretations can be made. Failure to promptly notify the Engineer will constitute a waiver of all claims for misunderstandings or ambiguities that result from the errors, omissions, or discrepancies discovered. 5. COOPERATION OF CONTRACTOR Cooperate with the Engineer. Respond promptly to instructions from the Engineer. Provide all information necessary to administer the Contract. Designate in writing a competent, English-speaking Superintendent employed by the Contractor. The Superintendent must be experienced with the work being performed and capable of reading and understanding the Contract. Ensure the Superintendent is available at all times and able to receive instructions from the Engineer or authorized Owner representatives and to act for the Contractor The Engineer may suspend work without suspending working day charges if a Superintendent is not available or does not meet the above criteria. Atthe written request of the Engineer, immediately remove from the project any employee or representative of the Contractor or a subcontractor who, in the opinion of the Engineer, does not perform work in a proper and skillful manner or who is disrespectful, intemperate, disorderly, uncooperative, or otherwise objectionable. Do not reinstate these individuals without the written consent of the Engineer. Furnish suitable machinery, equipment, and construction forces for the proper prosecution of the work. Provide adequate lighting to address quality requirements and inspection of nighttime work. The Engineer may suspend the work without suspending working day charges until the Contractor complies with this requirement. All work associated with fulfilling this requirement is subsidiary to the various items of the Contract and no direct compensation will be made. 6. COOPERATING WITH UTILITIES Use established safety practices when working near utilities. Consult with the appropriate utilities before beginning work Notify the Engineer immediately of utility conflicts. The Engineer will decide whether to adjust utilities or adjust the work to eliminate or lessen the conflict. Unless otherwise shown on the plans, the Engineer will make necessary arrangements with the utility owner when utility adjustments are required. Use work procedures that protect utilities or appurtenances that remain in place during construction. Cooperate with utilities to remove and rearrange utilities to avoid service interruption or duplicate work by the utilities. Allow utilities access to the right of way. 3-2016 00780-T 3 of 5 129 CITY OF PEARLAND LGPP GENERAL CONDITIONS AND CONTROL OF THE WORK Immediately notify the appropriate utility of service interruptions resulting from damage due to construction activities. Cooperate with utilities until service is restored Maintain access to active fire hydrants at all times unless approved by the Engineer. 7. COOPERATION BETWEEN CONTRACTORS Cooperate and coordinate with other Contractors working within the limits or adjacent to the limits. 8. COOPERATION WITH RAILROADS Plan and prosecute portions of the work involving a railway to avoid interference with or hindrance to the railroad company. If the work is on railroad right of way, do not interfere with the operation of the railroad company's trains or other property. 8.1. Project -Specific Information. Refer to project -specific plan sheets in the Contract for specific information concerning the work to be completed by both the Contractor and the railroad within railroad right of way; railroad right of way locations impacted by construction* percentage of Contract work at each location; train movements at each location; and requirements for railroad insurance, flagging, and Right of Entry (ROE) Agreements. 8.2. Right of Entry Agreement (if required). The process for obtaining a fully executed ROE Agreement will be as follows: ■ The Owner will send the unexecuted ROE Agreement to the Contractor with the unexecuted construction Contract ■ Partially execute the ROE Agreement and return it to the Department with the required insurance attached. ■ The Owner will coordinate with the railroad company regarding the further execution of the ROE Agreement and associated fees. The Owner will pay any ROE Agreement fees directly to the railroad company. ■ Once the Owner has received the fully -executed ROE Agreement from the railroad company, the Owner will forward the fully -executed ROE Agreement to the Contractor. 9. CONSTRUCTION SURVEYING Use Method A unless otherwise specified in the Contract. Upon request, the Engineer will allow the Contactor to copy available earthwork cross -sections, computer printouts or data files, and other information necessary to establish and control work. Maintain the integrity of control points. Preserve all control points, stakes, marks, and right of way markers. Assume cost and responsibility of replacing disturbed control points stakes, marks, and right of way markers damaged by the Contractor's or its subcontractor operations. If the Ownei repairs disturbed control points, stakes marks, or right of way markers, the cost of repair may be deducted from money due or to become due to the Contractor. Replace right of way markers under the direction of a RPLS. This work will be subsidiary to pertinent items. The Engineer reserves the right to make measurements and surveys to determine the accuracy of the work and determine pay quantities. The Engineer s measurements and surveys do not relieve the Contractor s responsibility for accuracy of work. Allow the Engineer adequate time to verify the surveying. 3-2016 00780-T 4 of 5 130 CITY OF PEARLAND LGPP GENERAL CONDITIONS AND CONTROL OF THE WORK 9.1. Method A. The Engineer will set control points for establishing lines, slopes, grades, and centerlines and for providing both vertical and horizontal control At a minimum, provide a controlling pair of monument points at both the beginning and end of construction project for projects less than 2 miles in length For projects greater than 2 miles in length, monuments will be set in pairs of 2 at a minimum of 2 miles based on the overall length of the project. Use these control points as reference to perform the work. Furnish materials, equipment, and qualified workforce necessary for the construction survey work. Place construction points, stakes, and marks at intervals sufficient to control work to established tolerances. Place construction stakes at intervals of no more than 100 ft., or as directed. Place stakes and marks so as not to interfere with normal maintenance operations. 9 2 Method B. The Engineer will set adequate control points, stakes, and marks to establish lines, slopes, grades, and centerlines. Furnish additional work stakes, materials, and templates necessary for marking and maintaining points and lines. 9.3. Method C. Set adequate control points, stakes, and marks to establish lines, slopes, grades, and centerlines. 10. INSPECTION Inspectors are authorized representatives of the Engineer. Inspectors are authorized to examine all work performed and materials furnished, includmg preparation, fabrication and material manufacture. Inspectors inform the Contractor of failures to meet Contract requirements Inspectors may reject work or materials and may suspend work until any issues can be referred to and decided by the Engineer. Inspectors cannot alter, add, or waive Contract provisions, issue instructions contrary to the Conti act act as foremen for the Contractor, or interfere with the management of the work. Inspection, or lack of inspection, will not relieve the Contractor from obligation to provide materials or perform the work in accordance with the Contract. Provide safe access to all parts of the work and provide information and assistance to the Engineer to allow a complete and detailed inspection. Give the Engineer sufficient notice to inspect the work. Work performed without suitable inspection as determined by the Engineer, may be ordered removed and replaced at Contractor's expense. Remove or uncover portions of finished work as directed Once inspected, restore work to Contract requirements. If the uncovered work is acceptable, the costs to uncover, remove, and replace or make good the parts removed will be paid for in accordance with Contract Documents for `Changes in the Work." If the work is unacceptable, assume all costs associated with repair or replacement, including the costs to uncover remove, and replace or make good the parts removed. When a government entity utility, railroad company, or other entity accepts or pays a portion of the Contract that organization s representatives may inspect the work but cannot direct the Contractor. The right of inspection does not make that entity a party to the Contract and does not inter fere with the rights of the parties to the Contract. 3-2016 00780-T 5 of 5 131 CITY OF PEARLAND LGPP CONTROL OF MATERIALS, LEGAL RELATIONS AND RESPONSIBILITIES Section 00790-T LLGPP CONTROL OF MATERIALS, LEGAL RELATIONS AND RESPONSIBILITIES Control of Materials 1. SOURCE CONTROL Use only materials that meet Contract requirements. Unless otherwise specified or approved, use new materials for the work. Secure the Engineer's approval of the proposed source of materials to be used before their delivery. Materials can be approved at a supply source or staging area but may be reinspected at the project site in accordance with Section 01450, Testing Laboratory Services. 1.1. Buy America. Comply with the latest provisions of Buy America as listed at 23 CFR 635.410. Use steel or iron materials manufactured in the United States except when: ▪ the cost of materials, including delivery, does not exceed 0.1% of the total Contract cost or $2,500, whichever is greater; ■ the Contract contains a replacement alternate item for a foreign source steel or iron product and the Contract is awarded based on the replacement alternate item; or ■ the materials are temporarily installed Provide a notarized original of the TxDOT FORM D-9-USA-1 (or equivalent) with the proper attachments for verification of compliance. Manufacturing is any process that modifies the chemical content, physical shape or size, or final finish of a product. Manufacturing begins with initial melting and mixing and continues through fabrication (cutting, drilling, welding, bending, etc.) and coating (paint, galvanizing, epoxy, etc.). 1.2. Convict Produced Materials. Materials produced by convict labor may only be incorporated in the work if such materials have been: ■ produced by convicts who are on parole, supervised release, or probation from prison; or ■ produced in a qualified prison facility. A "qualified prison facility" means any prison facility in which convicts, during the 12-month period ending July 1, 1987, produced materials for use in federal -aid highway construction projects. 2. MANUFACTURER WARRANTIES Transfer to the Owner warranties and guarantees required by the Contract or received as part of normal trade practice. 3. RECYCLED MATERIALS The Owner will not allow hazardous wastes, as defined in 30 TAC 335, proposed for recycling to be used on the project Use nonhazardous recyclable materials (NRMs) only if the specification for the item does not disallow or restrict use. Determine if NRMs are regulated under 30 TAC 312, 330 332, 334, or 335, and comply with all general prohibitions and requirements. Use NRMs in 3-2016 00790-T 1 of 9 132 CITY OF PEARLAND LGPP CONTROL OF MATERIALS, LEGAL RELATIONS AND RESPONSIBILITIES accordance with DMS-11000, "Evaluating and Using Nonhazardous Recyclable Materials Guidelines," and furnish all documentation required by that specification. 4. HAZARDOUS MATERIALS Use materials that are free of hazardous materials as defined in Specification 00110-T, LGPP Supplement To Instructions To Bidders. Notify the Engineer immediately when a visual observation or odor indicates that materials in required material sources or on sites owned or controlled by the owner may contain hazardous materials. Except when the contract includes bid items for the contractor to remove hazardous materials, the Engineer is responsible for testing and removing or disposing of hazardous materials not introduced by the Contractor on sites owned or controlled by the Owner as indicated below. The plans will indicate locations where paint on steel is suspected to contain hazardous materials and where regulated asbestos containing materials have been found. The Engineer may suspend work wholly or in part during the testing, removal, or disposition of hazardous materials on sites owned or controlled by the Owner, except in the case of when the contract includes removing and disposing of hazardous materials. When a visual observation or odor indicates that materials delivered to the work locations by the Contactor may contain hazardous materials have an approved commercial laboratory test the materials for contamination. Remove, remediate, and dispose of any of these materials found to be contaminated Testing, removal, and disposition of hazardous materials introduced onto the work locations by the Contractor will be at the Contractor's expense. Working day charges will not be suspended and extensions of working days will not be granted for activities related to handling hazardous material delivered by the Contractor. 4.1. Painted Steel Requirements. Paint containing hazardous materials will be removed as shown on the plans. 4.1.1. Paint Removed by Third Party. The Owner may provide a third party to remove paint containing hazardous materials where paint must be removed to perform work or to allow dismantling of the steel. 4.1.2. Paint Removed by the Contractor. This work may only be performed by a firm or company with one of the following certifications: ■ SSPC-QP2 certification for lead painting operations, or ■ Certified Lead Firm by the Texas Department of State Health Services. Maintain certification for the duration of the work. Provide copies of audits or certification if requested. Comply with worker and public safety regulations, including, but not limited to, OSHA 29 CFR Parts 1910.1025, 1926.62 and 1926.63. Monitor permissible exposure limits in accordance with OSHA requirements. Remove paint containing hazardous materials from designated areas shown on the plans or as directed Comply with access limitations shown on the plans. Provide power hand tools, equipped with high -efficiency particulate air filter vacuums to mechanically remove paint. 3-2016 00790-T 2 of 9 133 CITY OF PEARLAND LGPP CONTROL OF MATERIALS, LEGAL RELATIONS AND RESPONSIBILITIES Contain, collect, store, transport, and dispose of all waste generated by cleaning operation in accordance with local, state, and federal requirements including 40 CFR 302. Properly characterize and dispose of all wastes. Manage any hazardous wastes in accordance with regulatory requirements and dispose in a facility authorized to accept such wastes. Provide copies of disposal manifests. The work performed, materials furnished, equipment, labor, tools, and incidentals will be paid for in accordance with Item 446, `Field Cleaning and Painting Steel." 4 2 Removal and Disposal of Painted Steel. Painted steel will be disposed of at a steel recycling or smelting facility unless otherwise shown on the plans. If the paint contains hazardous materials, maintain and make available to the Engineer invoices and other records obtained from the facility showing the received weight of the steel and the facility name. For steel that is dismantled by unbolting, no paint stripping will be required. Use care to not damage existing paint. When dismantling is performed using flame or saw -cutting methods to remove steel elements coated with paint containing hazardous materials, the plans will show stripping locations. The work provided, materials furnished, equipment, labor, tools, and incidentals will be paid for in accordance with Item 496, "Removing Structures,' and Item 497, "Sale of Salvagable Material." 4.3. Asbestos Requirements. The plans will indicate locations or elements where asbestos containing materials (ACM) have been found. At locations where previously unknown ACM has been found, the Owner will arrange for abatement by a third party. For work at these locations, notify the Engineer of proposed dates of demolition or removal of structural elements with ACM at least 60 days before work is to begin to allow the Owner enough time to abate the asbestos. 4.4. Work Performed by a Third Party. When the work for removal of paint or asbestos abatement is to be provided by a third party, coordinate and cooperate with the third party and the Owner. Continue other work detailed on the plans not directly involved in the paint removal or asbestos abatement work. Provide notice to the Owner regarding the progress of the work to allow the Owner enough time to schedule the third party work. 5. SURPLUS MATERIALS Offer the Owner the right of first refusal on any surpus materials. Otherwise, take ownership of surplus materials unless otherwise shown on the plans or as directed by the Engineer. Remove and dispose of materials in accordance with federal, state, and local regulations. If requested, provide an appropriate level of documentation to verify proper disposal. When materials are disposed of on private property provide written authorization from the property owner and required permits for the use of the property for this purpose upon request Legal Relations and Responsibilities 6. SAFETY 6.1. Point of Contact. Designate a Conti actor Safety Point of Contact (CSPOC). The Owner will assign an Owner employee for their point of contact designated as Owner's Safety Point of Contact OSPOC. The CSPOC will ensure that the Contractor's and Subcontractor's employees' 3-2016 00790-T 3 of 9 134 CITY OF PEARLAND LGPP CONTROL OF MATERIALS, LEGAL RELATIONS AND RESPONSIBILITIES use the appropriate personal protection equipment (hard hats, safety vests, protective toe footwear, etc.). The CSPOC will ensure that crew leaders and foremen (including subcontractors) have attended the required training. 6 2 Safety Preconstruction Meeting. In cooperation with the Engineer, schedule and attend a safety preconstruction meeting (may be a part of the preconstruction conference in Section 01310, Coordination and Meetings ` Preconstruction Conference." Attendees for this safety preconstruction meeting will be: ■ the Contractor, ■ subcontractors, ■ Owner, ■ local law enforcement, and ■ other personnel that play an active role on the project. 6.3. Public Safety and Convenience. Ensure the safety and convenience of the public and property as provided in the Contract and as directed by the Engineer. Keep existing roadways open to traffic or construct and maintain detours and temporary structures for safe public travel. Manage construction to minimize disruption to traffic. Maintain the roadway in a good and passable condition, including proper drainage and provide for ingress and egress to adjacent property. Store all equipment not in use in a manner and at locations that will not interfere with the safe passage of traffic. Provide qualified flaggers in accordance with Section 01555, Traffic Control and Regulation, `Flaggers," for the safety and convenience of the traveling public and workers, as directed If the Engineer determines that any of the requirements of this article have not been met, the Engineer may take any necessary corrective action. This will not change the legal responsibilities set forth in the Contract. The cost to the Owner for this work will be deducted from any money due or to become due to the Contractor. 6.4. Use of Blue Warning Lights. Texas Transportation Code 547.105 authorizes the use of warning lights to promote safety and provides an effective means of gaining the travelling public's attention as they drive in areas where construction crews are present. In order to influence the public to move over when high risk construction activities are taking place minimize the utilization of blue warning lights. These lights must be used only while performing work on or near the travel lanes or shoulder where the travelling public encounters construction crews that are not protected by a standard work zone set up such as a lane closure, shoulder closure, or one-way traffic control Refrain from leaving the warning lights engaged while travelling from one work location to another or while parked on the right of way away from the pavement or a work zone. 6.5. Barricades, Warning and Detour Signs, and Traffic Handling. Provide install, move, replace, maintain clean, and remove all traffic control devices in accordance with the traffic control devices specifications and as shown on the plans and as directed. If details are not shown on the plans, provide devices and work in accordance with the TMUTCD and as directed by the Engineer. When authorized or directed by the Engineer, provide additional signs or traffic control devices not required by the plans. If an unexpected situation arises that causes the Contractor to believe that the traffic control should be changed, make all reasonable efforts to promptly contact the Engineer. Take prudent actions until the Engineer can be contacted 3-2016 00790-T 4 of 9 135 CITY OF PEARLAND LGPP CONTROL OF MATERIALS, LEGAL RELATIONS AND RESPONSIBILITIES The Engineer may authorize or direct in writing the removal or relocation of project limit advance warning signs. When project limit advance warning signs are removed before final acceptance, traffic control in accordance with the TMUTCD may be used for minor operations as approved. Removal or relocation of project limit advance warning signs does not imply final acceptance. 7. LAWS TO BE OBSERVED Comply with all federal, state, and local laws, ordinances, and regulations that affect the performance of the work. Indemnify and save harmless the Owner and its i epresentatrves against any claim arising from violation by the Contractor of any law, ordinance, or regulation. This Contract is between the Owner and the Contractor only. No person or entity may claim third - party beneficiary status under this Contract or any of its provisions, nor may any non-party sue for personal injuries or property damage under this Contract. 8. PERMITS, LICENSES, AND TAXES Procure all permits and licenses; pay all charges, fees, and taxes; and give all notices necessary and incidental to the due and lawful prosecution of work, except for permits provided by the Owner and as specified in Section 00790-T, Item 10, "Preservation of Cultural and Natural Resources and the Environment." 9. PATENTED DEVICES, MATERIAL, AND PROCESSES Indemnify and save harmless the Owner from any claims for infringement from the Contractor's use of any patented design, device, material, process, trademark, or copyright selected by the Contractor and used in connection with the work. Indemnify and save harmless the Owner against any costs, expenses or damages that it may be obliged to pay, by reason of this infringement, at any time during the prosecution or after the completion of the work. 10. PRESERVATION OF CULTURAL AND NATURAL RESOURCES AND THE ENVIRONMENT If the Contractor initiates changes to the Contract and the Owner approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agencies. 10.1. Cultural Resources Cease all work immediately if a site, building, or location of historical, archeological, educational, or scientific interest is discovered within the right of way. The site, building, or location will be investigated and evaluated by the Owner 10 2 Texas Pollutant Discharge Elimination System (TPDES) Permits and Storm Water Pollution Prevention Plans (SWP3). The Owner will file the Notice of Intent (NOI) and the Notice of Termination (NOT) for work shown on the plans in the right of way. Adhere to all requirements of the SWP3. 10.3. Work in Waters of the United States For work in the right of way, the Owner will obtain any required Section 404 permits from the U.S. Army Corps of Engineers before work begins. Adhere to all agreements, mitigation plans, and standard best management practices required by the permit. When Contractoi-initiated changes in the construction method changes the impacts to waters of the U.S., obtain new or revised Section 404 permits. 3-2016 00790-T 5 of 9 136 CITY OF PEARLAND LGPP CONTROL OF MATERIALS, LEGAL RELATIONS AND RESPONSIBILITIES 10.4. Work in Navigable Waters of the United States. For work in the right of way, the Owner will obtain any required Section 9 permits from the U.S. Coast Guard before work begins. Adhere to the stipulations of the permits and associated best management practices. When Contractor - initiated changes in the construction method changes the impacts to navigable waters of the U.S., obtain new or revised Section 9 permits 10.5. Work Over the Recharge or Contributing Zone of Protected Aquifers. Make every reasonable effort to minimize the degradation of water quality resulting from impacts relating to work over the recharge or contributing zones of protected aquifers as defined and delineated by the TCEQ. Use best management practices and perform work in accordance with Contract requirements. 10.6. Project -Specific Locations. For all project -specific locations (PSLs) on or off the right of way (material sources, waste sites, parking areas, storage areas field offices, staging areas haul roads, etc.), signing the Contract certifies compliance with all applicable laws, rules, and regulations pertaining to the preservation of cultural resources natural resources, and the environment as issued by the following or other agencies: ■ Occupational Safety and Health Administration, ■ Texas Commission on Environmental Quality, ■ Texas Department of Transportation, ■ Texas Historical Commission, ■ Texas Parks and Wildlife Department, ■ Texas Railroad Commission, ■ U.S. Army Corps of Engineers, ■ U.S. Department of Energy, ■ U.S. Department of Transportation, ■ U.S. Environmental Protection Agency, ■ U.S. Federal Emergency Management Agency, and ■ U.S. Fish and Wildlife Service All subcontractors must also comply with applicable environmental laws, rules, regulations, and requirements in the Contract. Maintain documentation of certification activities including environmental consultant reports, Contractor documentation on certification decisions and contacts, and correspondence with the resource agencies Provide documentation upon request. Obtain written approval from the Engineer for all PSLs in the right of way not specifically addressed on the plans. Prepare an SWP3 for all Contractor facilities, such as asphalt or concrete plants located within public right of way. Comply with all TCEQ permit requirements for portable facihties, such as concrete batch plants rock crushers asphalt plants, etc. Address all environmental issues, such as Section 404 permits, wetland delineation, endangered species consultation requirements, or archeological and historic site impacts. Obtain all permits and clearances in advance. 11. ABATEMENT AND MITIGATION OF EXCESSIVE OR UNNECESSARY NOISE Minimize noise throughout all phases of the Contract Exercise particular and special efforts to avoid the creation of unnecessary noise impact on adjacent noise sensitive receptors in the placement of non -mobile equipment such as air compressors, generators pumps etc. Place mobile and stationary equipment to cause the least disruption of normal adjacent activities All equipment associated with the work must be equipped with components to suppress excessive noise and these components must be maintained in their original operating condition considering 3-2016 00790-T 6 of 9 137 CITY OF PEARLAND LGPP CONTROL OF MATERIALS, LEGAL RELATIONS AND RESPONSIBILITIES normal depreciation. Noise -attenuation devices installed by the manufacturer such as mufflers, engine covers, insulation, etc must not be removed nor rendered ineffectual nor be permitted to remain off the equipment while the equipment is in use. 12. RESPONSIBILITY FOR HAZARDOUS MATERIALS Indemnify and save harmless the Owner and its agents and employees from all suits, actions, or claims and from all liability and damages for any injury or damage to any person or property arising from the generation or disposition of hazardous materials introduced by the Contractor on any work done by the Contractor on Owner -owned or controlled sites. Indemnify and save harmless the Owner and its representatives from any Liability or responsibility arising out of the Contractor's generation or disposition of any hazardous materials obtained processed, stored shipped etc., on sites not owned or controlled by the Owner. Reimburse the Owner for all payments, fees, or restitution the Owner is required to make as a result of the Contractor's actions. 13. ASBESTOS CONTAINING MATERIAL In Texas, the Department of State Health Services (DSHS), Asbestos Programs Branch, is responsible for administering the requirements of the National Emissions Standards for Hazardous Air Pollutants, 40 CFR, Subpart M (NESHAP) and the Texas Asbestos Health Protection Rules (TAHPR). Based on EPA guidance and regulatory background information, bridges are considered to be a regulated "facility" under NESHAP Therefore, federal standards for demolition and renovation apply. Provide notice to the Owner of demolition or renovation to the structures listed on the plans at least 30 calendar days before initiating demolition or renovation of each structure or load bearing member. Provide the scheduled start and completion date of structure demolition, renovation, or removal. When demolition, renovation, or removal of load -bearing members is planned for several phases, provide the start and completion dates identified by separate phases. DSHS requires that notifications be postmarked at least 10 working days before initiating demolition or renovation. If the date of actual demolition, renovation or removal is changed, the Owner will be required to notify DSHS at least 10 days in advance of the work. This notification is also required when a previously scheduled (notification sent to DSHS) demolition, renovation, or removal is delayed. Therefore, if the date of actual demolition, renovation, or removal is changed, provide the Engineer, in writing, the revised dates in enough time to allow for the Owner's notification to DSHS to be postmarked at least 10 days in advance of the actual work. Failure to provide the above information may require the temporary suspension of work under Section 00700, Article 5, `Prosecution and Progress,' due to reasons under the control of the Contractor. The Owner retains the right to determine the actual advance notice needed for the change in date to address post office business days and staff availability. 14. HAULING AND LOADS ON ROADWAYS AND STRUCTURES Comply with federal and state laws concerning legal gross and axle weights. Except for the designated Interstate system vehicles with a valid yearly overweight tolerance permit may haul materials to the work locations at the permitted load. Provide copies of the yearly overweight tolerance permits to the Engineer upon request Construction equipment is not exempt from oversize or overweight permitting requirements on roadways open to the traveling public. 3-2016 00790-T 7 of 9 138 CITY OF PF,ARLAND LGPP CONTROL OF MATERIALS, LEGAL RELATIONS AND RESPONSIBILITIES Protect existing bridges and other structures that will remain in use by the traveling public during and after the completion of the Contract. Construction traffic on roadways, bridges, and culverts within the limits of the work including any structures under construction that will remain in service during and after completion of the Contract is subject to legal size and weight limitations. Additional temporary fill may be required by the Engineer for hauling purposes for the protection of certain structures. This additional fill will not be paid directly but will be subsidiary. Replace or restore to original condition any structure damaged by the Contractor's operations. The Engineer may allow equipment with oversize or non -divisible overweight loads to operate without a permit within the work locations on pavement structures not open to the traveling public. Submit Contractor -proposed changes to traffic control plans for approval, in accordance with Item 502, "Barricades, Signs, and Traffic Handling " The following sections further address overweight allowances. The Owner will make available to the Contractor any available plans and material reports for existing structures. 14.1. Overweight Construction Traffic Crossing Structures. The Engineer may allow crossing of a structure not open to the public within the work locations, when divisible or non -divisible loads exceed legal weight limitations, including limits for load -posted bridges. Obtain written permission to make these crossings. Submit for approval a structural analysis by a licensed professional engineer indicating that the excessive loads should be allowed Provide a manufacturer's certificate of equipment weight that includes the weight distribution on the various axles and any additional parts such as counterweights, the configuration of the axles, or other information necessary for the analysis. Submit the structural analysis and supporting documentation sufficiently in advance of the move to allow for review. Permission may be granted if the Engineer finds that no damage or overstresses in excess of those normally allowed for occasional overweight loads will result to structures that will remain in use after Contract completion. Provide temporary matting or other protective measures as directed. Schedule loads so that only one vehicle is on any span or continuous unit at any time. Use barricades, fences or other positive methods to prevent other vehicular access to structures at any time the overweight load is on any span or continuous unit. 14 2 Construction Equipment Operating on Structures. Cranes and other construction equipment used to perform construction operations that exceed legal weight limits may be allowed on structures. Before any operation that may require placement of equipment on a structure, submit for approval a detailed structural analysis prepared by a licensed professional engineer. Submit the structural analysis and supporting documentation sufficiently in advance of the use to allow for review and approval. Include all axle loads and configurations, spacing of tracks or wheels, tire loads, outrigger placements, center of gravity, equipment weight, and predicted loads on tires and outriggers for all planned movements, swings, or boom reaches. The analysis must demonstrate that no overstresses will occur in excess of those normally allowed for occasional overweight loads. 14.3. Loads on Structures. Do not store or stockpile material on bridge structures without written permission. If required submit a structural analysis and supporting documentation by a licensed professional engineer for review. Permission may be granted if the Engineer finds that no damage or overstresses in excess of those normally allowed for occasional overweight loads will result to structures that will remain in use after Contract completion. Provide temporary matting or other protective measures as directed. 3-2016 00790-T 8 of 9 139 CITY OF PEARLAND LGPP CONTROL OF MATERIALS, LEGAL RELATIONS AND RESPONSIBILITIES 14.4. Hauling Divisible Overweight Loads on Pavement Within the Work Locations. The Engineer may allow divisible overweight loads on pavement structures within the work locations not open to the traveling public. Obtain written approval before hauling the overweight loads. Include calculations to demonstrate that there will be no damage or overstress to the pavement structure. 14.5. Repair of Roadways and Structures. Until final acceptance, the Contractor is responsible for all work constructed under the Contract. The Owner will not reimburse the Contractor for repair work to new construction, unless the failure or damage is due to one of the causes listed in Item 14.7 below, "Reimbursable Repair." The Owner will be responsible for the cost for repair of damage to existing roadways and structures not caused by the Contractor's operations. 14.6. Detours. The Contractor will be responsible for the cost of maintenance of detours constructed under the Contract unless the failure or damage is due to one of the causes listed in Item 14.7., ' Reimbursable Repair " The Engineer may consider failures beyond the Contractor's control when determining reimbursement for repairs to detours constructed The Owner will be responsible for the cost of maintenance of existing streets and roadways used for detours or handling traffic. 14.7. Reimbursable Repair. Except for damage to appurtenances listed in Item 14.8, "Unreimbursed Repair," the Contractor will be reimbursed for repair of damage caused by: ■ motor vehicle, watercraft, aircraft, or railroad -train incident, ■ vandalism, or ■ Acts of God, such as earthquake, tidal wave, tornado, hurricane, or other cataclysmic phenomena of nature. 14.8. Unreimbursed Repair Except for destruction (not reusable) due to Acts of God, reimbursement will not be made for repair of damage to the following temporary appurtenances, regardless of cause: ■ signs, ■ barricades, ■ changeable message signs, and ■ other work zone traffic control devices. Crash cushion attenuators and guardrail end treatments are reimbursed in accordance with Item 14.8 "Reimbursed Repair." Where the Contractor retains replaced appurtenances after completion of the project, the Department will limit the reimbursement to the cost that is above the salvage value at the end of the project. 14.9. Relief from Maintenance. The Engineer may relieve the Contractor from responsibility of maintenance as outlined in this section. This relief does not release the Contractor from responsibility for defective materials or work or constitute final acceptance. 14.10. Work Suspension When all work is suspended for an extended period of time, the Engineer may relieve the Contractor from responsibility for maintenance of completed portions of work during the period of suspension. 14.11. When Directed by the Engineer. The Engineer may relieve the Contractor from the responsibility for maintenance when directed. 3-2016 00790-T 9 of 9 140 CITY OF PEARLAND LGPP CONTROL OF MATERIALS, LEGAL RELATIONS AND RESPONSIBILITIES 14.12. Basis of Payment. When reimbursement for repair work is allowed and performed, payment will be made in accordance with pertinent items or Section 00700 General Conditons, Article 7 "Extra Work and Claims " 3-2016 00790-T 10 of 9 141 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT Section 00800 SPECIAL CONDITIONS OF AGREEMENT The following Special Conditions modify the General Conditions, Document 00700. Where a portion of the General Conditions is modified or deleted by these Special Conditions, the unaltered portions of the General Conditions shall remain in effect. ARTICLE 1 DEFINITIONS AND INTERPRETATIONS 1.01 Add the following paragraph to the end of Article 1.01: The OWNER'S representative on the project site is: telephone: 281. 652. • 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 Not 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 2 142 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 Requiredto provide either a Field Office or any internet access for this project. All other requirements remain and will be required per the section. It is the responsibility of the Contractor to coordinate with the Owner for all Traffic Control Documents. Contractor to coordinate with the Owner for procurement of Traffic Control Documents prior to permitting. Contractor is to keep a minimum of one lane open at all times, in both directions. No lane closures to extend beyond the defined work day. Contractor Will Not be required to provide an on -site construction office for the duration of this project. END OF SECTION 2-24-12 00800 - 2 of 2 143 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Section 00811-T 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. 10-2012 0081 1 - 1 of 1 144 oC 0 1 W U 0 F- Z rZ 0 a. • L Q tom. (13 O a) C O) W a) 1' 0 0)) 0 Z3 E rn -o a) Tan ) (O 1 a) 0) C O 4-+ O a) • 0 O W a. W cD to N M M ti (0 M O to (6Q) co N N LC)r M U) $12.25 CO Q) (66 U) t� N 0 C)) U) t� M N 0 O Cr 0) CT) N CO N--O Q) N V' 0 Eft r- N r- O M r- r- 's7 O Z to r- Ef) - Eft . - Eft r Eft �-r- Eft Eft Eft Eft Eft Eft Eft Eft Eft EA (f) Eft 69 N W to IDO (D N M CO M N CO 0) N CD M Q) co (D t- Q) V CO (D M M V' CO M $12.23 co Cr t� Q) N CO CO t� N CO N--N CO CD N r r--Q) O co r r t� N V' 0) N ( (o M c tC N Eft CO U7 r- CO 0 Z O rV X �T r- O r- r- V' O W Eft (.13 Eft X- (ft T- Efl r Ea �- Eft Eft Eft ffl Eft �- Eft r- Eft r- Ef) Eft Eft Eft Eft Eft r Eft ,r- Eft r- Eft N H r- W ca (1) N--O $13.75 O 0) N. N CO (D aD N CO Q) O (C) CO CO COLO M $21.39 O) V L) O ID 0') M Q) to N 0 CO O (0 r- M Cr r- tf) N Eft r- r- M r- O Z U7 %� O V (D V V O V r- Eft Eft Eft Eft Eft Eft r Eft r- Eft r- Eft r- Eft r- Eft r- Eft Eft Eft r- Eft .- Eft r Eft O N H r W co O co LC) Ni co 6 - U) N CO N U7 O V" U7 t` r- CO In ICI'N r- CO N r ci r O Z ; r• r- r Eft r- Eft r- Eft Eft Eft fft Eft Eft c Eft r- Eft . - Eft W O $14.251 VT V' M t� CD r- LC) (3) (D U) N O CO N (D N_ r CD M r- O O O Z Tt r- X O r- Eft Eft Eft Eft Eft Eft Eft Eft O N H r W co t� (f) CO $14.36 N 0 CO C) CO $16.34 t` CD V 0) V' t` N Q) 6 (\) Ef) $13.88 $16.22 LC) ti CO 0)-- (D (3) N N M N O M tf) Cr CO r- CON (� r- CO Cr) M M cfi CO Q) r- O O CO N M O O O Z M'- N Eft T. N EAEF) r- Ea Eft Eft Eft Eft Eft r- Eft r- Eft r- E a r- Eft r- Eft r- Eft r- c Eft r Eft r (f) r- Eft O %< CO N f... W (D N (D U1 CO (D V to cf $17.331 Ng- 0 to to $12.64 in r--- M (.0 V O r- O cc) O CNN V to O CO LC) C7 CO co N O CO O V' 0 (0 r CM r- 6 N 00 r- r- O Z en r %� Eft O r- Eft r- Eft r- Eft r- Eft r- (ft r-r- Ef) Eft Eft Eft Eft Eft Eft Eft Eft Eft N F' r- W (C)CO(3) N ()) M N U) CO N t` N t` N LC) • N -• CT) to $13.84 CD (3) CA N� N` N N - V' N N. $12.32 O CD N V O 0) 0) CO M CO CO r- O V V r- (p O r t- Q) (D r r- M O r- Ili (D V' (i) r V' O O C N Eft 6; Z (.0) rto %� 0-5Eft N Eft r- r r- Eft r- Eft r- Eft c Eft r- Eft r- Eft r- Eft r- Eft Eft Eft Eft Eft r- Eft r- Eft r Eft r Eft r- Eft r Eft O Eft N f' r W .r (D co $12.44 N CO N $13.29 in M CO co N CO Cr' r- CO CO Cr M O N 69 O Z M` r- c Eft T- Eft r- Eft r Eft r- Eft r- Ea c Eft r- Eft O N r c r- W CD N tt� ! ) N () t` N. N ID $12.38 to (D O Cr CO CO CO 'Cr N r- N r- CO CO N r- V r- r- C; asN Z r- r.. to r- Eft r- Eft r-- fft r- Eft Eft Eft c- Eft Eft Eft Eft Efl Q N r r W O O al U) 17 U)• CD N (D V co U7 N 00 Cr t1) co v 00 M ti (D tti t� CO • Ni-r- N N-- $26.35 $12.88 to t� '4- co Q) CD V N- N N N (3) (D t� r N M O CO M M CO U) r- N 0 CO to c CO N Q) N O M 'C- •• N Cr 00 r Q) r- O O V r- r' O H r- Eft r- Eft r- Eft r- Eft r- Eft r- Eft r- Eft r- Eft r- (9 r- Ef) r- Eft r- Eft r- Eft r- Eft r- Ea r- Eft r- Eft r- Eft r- Eft r- Eft r Eft r- Eft r Eft r Eft O N r W $15.58 U) to (D N CD (1) $12.71 r r t� r- O r O 0) Ni:_ N_ r- O o r- rLaEft O Eft Eft Eft Eft Eft Eft N W (D W N t� (o $13.87 Q) LC) LC) t` CD N N t` N t� N U) CD N CO Cr CO N CO CO $13.85 (D t` $15.68 r- N O (3) r- 0) c U) r- to O N V CO (3) CO Ni O r- t� 0 Q) N Q) r---:C Q) 14' r- N CoCD Q) t` N V' r- ' 00 O O 6 C (\J Ea Z r X O N Eft (\J Eft r- Eft r- Eft r- Eft Eft Eft Eft r- Efl r Eft E Eft r- Eft c Efl r- Efl c Eft r Eft r Efl r-- Efl r- Eft r- ffl Eft O 1� r W CD $12.35 N 0 U) (D $13.85 N (D M t� CO Q) t� CD m $13.52 U) CO a) M U) M CO N U) N- CO CO O O N• CO M CO CON r- r- M r- O ‘Zr M r- Q) N N 04 Eft O O c;N Z r, r- X O r - Eft r- Eft r- Eft r- Eft r- Eft r- Eft r- Eft r- Eft r- Eft r- Eft s-- Eft r Eft r Ef) r Eft N- Eft O N H r W co O $13.48 U) N N co COco(D (D Q) M CD (D U) N CO N U) (o CD (D 00 CD in M to $12.77 r- CD 6 O Q) Q) (D M CO N N r- r N V' M r (� 6 O C Z O r %� O r- Eft c-- Eft r- Eft Eft r- Efl r- Eft Eft Eft Eft Eft Eft Eft Eft Eft r Eft �- Eft O N F' r W (D t` to U) M N CO (D CD CD CO (n $13.52 (D 0)N N N- t- N co O 00 N N r- N CO N O O M co V M CT) M Ci) V' M r- CO r- CT r- O O O C V Z O r N Eft rid! Eft Eft Eft Eft Eft Eft Efl r- Eft r- Eft r- Eft r- Eft r- Eft r Eft r Eft r- Eft O N Agricultural Tractor Operator Asphalt Distributor Operator Asphalt Paving Machine Operator Asphalt Raker Batching Plant Operator, Asphalt Batching Plant Operator, Concrete Co Boom Truck Operator Boring Machine Operator Broom or Sweeper Operator Communications Cable Installer Concrete Finisher, Paving and Structures Concrete Pavement Finishing Machine Operator Concrete Paving, Curing, Float, Texturing Machine Operator Concrete Saw Operator Concrete/Gunite Pump Operator Crane Operator, Hydraulic 80 tons or less Crane Operator, Hydraulic Over 80 Tons Crane Operator, Lattice Boom 80 Tons or Less Crane Operator, Lattice Boom Over 80 Tons Crawler Tractor Operator Crusher or Screen Plant Operator Directional Drilling Locator Directional Drilling Operator c>3 C) •L Excavator Operator, 50,000 pounds or less Excavator Operator, Over 50,000 pounds Flagger Form Builder/Setter, Structures Form Setter, Paving & Curb Foundation Drill Operator, Crawler Mounted Foundation Drill Operator, Truck Mounted Front End Loader Operator, 3 CY or Less Front End Loader Operator, Over 3 CY Joint Sealer Laborer, Common Laborer, Utility Loader/Backhoe Operator z 0 F a 2 )ESCI CI i a) (d W m CLASS. # 1428 O O M co O CO O N U) to V 'Cr tO V' N CO U) CO CO CO U) N CO CO O M (D to (3) 0) t� CO It CO O CO (D Q) (D Cr) N N- CO N N- to N-- V V Cr O V r- U) CO r- to O CO O Q) N CO U) CD r- r- r- N r- (D 0 r- CO r- CO Q) CO Cr CO Cr M V" CO V CO V• V• V' CO M CO CO CO r- r- r- Cr r- r- Cr Cr r r- r- r- r- r- r- r- r- r- r- r- r- r- r- r r- r r- r- r r r- r- r- r r- r- r r- r r- r r r r- r r r r- r r- W M Z CD r N ro V I` CO0 CN (» 0 O N (D n $13.101 ((00 Ti N r N a» ((00 O W d inrA r 'Q 0 V (h N O aa O O N s O r a W (p (D Z N C N r m r (D 0) co sr; CO (() co i» O) CO t() i» CO N It i» 0 0 V' i» N CD CO 69 CO r r 0) N O) V is N r N Ea Li) r (n aa N O) .-- t` t0 r (0 $13.471 N m CO a CO N CON a N co is O) co V i» CO O (D 09 (0 V (- in CO .- e» $12.27 N (O 69 W a 1O Z N �' N v (D . o N (°'') IN o M () o Nr r N m N am» 0) c(i N N. CON m r A CO V a 0N.) m r- (a COO co.o 1- A co (O v) $13.78 (0 (n O a W co 2 V � N r w (� (D a. V N: rfl $14.471 co� (O 69 ((00. c- 63 r N` 6 O cV N 69 $12.431 co (O re; el ((0 tli 0 co (O A co N IL N (O O O n (» V N. r e) tl) CO 0 i» $21.29 c in (ND D (» (0 re; (f) in W op (o Z CO I' N F m N CO (n tD N » t` O N u> N .- N M N N n t� fM A V N ci (D V O 0 COCO CO N an (D r 0 M O To CO0)coo It N 0) M co M a co q' o CO O an co N N o (() N N N .- » W z N n p M oc" ro rt W CO as N M V' 9, N M CO i» V V (O (» 0 CD V' i» (0 N in V' N a CD 0) N 0) CO d a CO COM r in V (» V 0) M 69 0) coV (D i» O M i» t0 V r- 69 N N (D (» 0 N N i» W N (O Z M NX�797,697) CO W r Cl M V D) .- r N O (D I $12.25 (0 co CO To V N CO aaaaTTo •O r W r (D CO O CO (n r (D W N CO if) No'N a{{ (0 M 69a M N la:(D V N 6963(�S V r r M N N CO N (D CO N V' CO Na: 69a CO (0 r- W CO Noi �a M 6 V � co a co O Tova: V a Z ID O) co co 0 t[) (D O N r (O .- -or 6t0 .- co LO co N (+) a) 0) N. r O W Z N 1D `- �������� 0 r r 00 r V' to CO CO (O d' m CO r V 0) CO r r CD 0) N. N a CO CO N a 0 0 V a CO N N a 0 In (J a 1--. N a N V' )(rO) 0 V' N oi O 0 (D a� CO V dp (0 (D to a 0) r 63�w CO (O r CD N I IN-- O) (D a( N CO r W et (o 2 0 O r r M CO t- O $21.29 r CO O N (D r t0 W CO Z N�� V 1` ����)� 0) N ' N r- n 0 N (0 CO N N $13.55 N r- (O 0 0) r r r (D O) N CO N O r CO CO N $14.741 r V' 0 O h aaTo6� 4 /0 O M t() 0) N N V' M $14.86 0 r a r W zit! - N�� V r ��69 N (V CO (f1 $15.83 in r O O� (O r�}a���a{� (O o: co r �a co r V O a to a)) O a r- r V' �{{ (O Cr N t0 r O a�� (() rn ..- O u7 N O V; a W W g3 N V LO If -,En ((00 V (N O in ((00 V i» N .- (n 0 V (0 O r aa M N coM CO a W 6 69 $14.53 r N 69 0 V i» CO 6 69 W nr NF m rY N (» tD 69 $17.49 to co(D i» N (D (» t0 CO N in 0 N M (» to O) O i» (D CO d (» O (J 69 CO O) (O i» O (0 N i» $14.46 V N in M M r is O) V N 69 0 M O i» CLASSIFICATION DESCRIPTION Mechanic Milling Machine Operator Motor Grader Operator, Fine Grade Motor Grader Operator, Rough Off Road Hauler Painter, Structures Pavement Marking Machine Operator Percussion or Rotary Drill Operator v 0) w a N 0 N > D.0) `w m 4) (Reinforcing Steel Worker Roller Operator, Asphalt Roller Operator, Other Scraper Operator Self -Propelled Hammer Operator Servicer Sign Erector Slurry Seal or Micro -Surfacing Machine Operator Small Slipform Machine Operator Spreader Box Operator Structural Steel Welder Structural Steel Worker Subgrade Trimmer CEL. co 0 C 1- c 0 8 c E 8 Traffic Signal/Light Pole Worker Trenching Machine Operator, Heavy Trenching Machine Operator, Light Truck Driver Lowboy -Float Truck Driver Transit -Mix Truck Driver, Single Axle Y 0 0 E 0 0) N c (0 o` 0) 0) 65 > Y ` Truck Driver, Tandem Axle Tractor with Semi Trailer Tunneling Machine Operator, Heavy Tunneling Machine Operator, Light w N I1520 j Work Zone Barricade Servicer to r en,(n CO U O CO M O D) M M 0) co M V (0 0) , (0 0) () M cy V' N o N (D o N M 7.) 0 o (0 1402 10 0 V r V r V' V 0 r CO N CO 0 h v M (0 (0 11) o N CO o (0 0) M M M v r (0 v r 0 N. M V CO O W r N (O 0 0 O r (0 0 O r t` 0 (D r yry V N c� V' (0 0 r r and Industrial Construction in N TEXAS COUNTIES IDENTIFIED BY WAGE RATE ZONES: 7, 8, 11, 12, 14, 16, 18, 34, 35, 37, 38, 40, 41, 54, 56, 63 County Name Zone County Name Zone County Name Zone County Name Zone Anderson Andrews Angelina Aransas Archer Armstrong Atascosa Austin Bailey Bandera Bastrop Baylor Bee Bell Bexar Blanco Borden Bosque Bowie Brazona Brazos Brewster Briscoe Brooks Brown Burleson Burnet Caldwell Calhoun Callahan Cameron Camp Carson Cass Castro Chambers Cherokee Childress Clay Cochran Coke Coleman Collin Collingsworth Colorado Comal Comanche Concho Cooke Coryell Cottle Crane Crockett Crosby Culberson Dallam Dallas Dawson Deaf Smith Delta Denton DeWitt Dickens Dimmit Donley Duval Eastland Ector Edwards El Paso Ellis Erath Falls Fannin Fayette Fisher Floyd Foard Fort Bend Franklin Freestone Frio Gaines Galveston Garza Gillespie Glasscock Goliad Gonzales Gray Grayson Gregg Grimes Guadalupe Hale Hall Hamilton Hansford Hardeman Hardin Harris Harrison Hartley Haskell Hays Hemphill Henderson Hidalgo Hill Hockley Hood Hopkins Houston Howard Hudspeth Hunt Hutchinson Inon Jack Jackson Jasper Jeff Davis Jefferson Jim Hogg Jim Wells Johnson Jones Karnes Kaufman Kendall Kenedy Kent Kerr Kimble King Kinney Kleberg Knox Lamar Lamb Lampasas LaSalle Lavaca Lee Leon Liberty Limestone Lipscomb Live Oak Llano Loving Lubbock Lynn Madison Manon Martin Mason Matagorda Maverick McCulloch McLennan McMullen Medina Menard Midland Milam Mills Mitchell Montague Montgomery Moore Morris Motley N acogdoches N avarro N ewton N olan N ueces Ochiltree Oldham O range Palo Pinto Panola Parker Parmer Pecos P olk P otter Presidio Rains Randall Reagan Real Red River Reeves Refugio Roberts Robertson Rockwall Runnels Rusk Sabine San Augustine S an Jacinto S an Patncio S an Saba Schleicher S curry S hackelford S helby S herman S mith Somervell Starr Stephens Sterling Stonewall S utton Swisher Tarrant Taylor Terrell Terry Throckmorton Titus Tom Green Travis Trinity Tyler U pshur U pton Uvalde Val Verde Van Zandt Victoria Walker Waller Ward Washington Webb Wharton Wheeler Wichita Wilbarger Wdlacy Williamson Wilson Winkler Wise Wood Yoakum Young Zapata Zavala 147 CITY OF PEARLAND TXDOT LGPP REQUIREMENTS Section 00850-T TXDOT LOCAL GOVERNMENT PROJECT PROCEDURES REQUIREMENTS In addition to the City of Pearland standard contract documents, the following documents are required for projects receiving reimbursement from the U.S. Department of Transportation Federal Highway Commission and/or the Texas Department of Transportation. FHWA-1273 Required Contract Provisions Bidder Certification (1 page) Buy America Provision (2 pages) Buy America — Material Statement (1 page) Child Support Statement (1 page) Child Support Certification (1 page) Child Support Business Ownership Form (1 page) Contractor Acknowledgment of Stormwater Management Program (1 page) Contractor's Assurance (1 page) Debarment Certification (1 page) Differing Site Conditions (1 page) Disadvantaged Business Enterprises (DBE) Provisions (8 pages) Disadvantaged Business Enterprise Requirements (1 page) DBE Commitment Agreement Form (1 page) DBE Material & Supplier Commitment Agreement Form (1 page) DBE Substitution Request Form (1 page) DBE Commercially Useful Function Project Site Review (2 pages) DBE Trucking Credit Worksheet (1 page) DBE Good Faith Effort — Prime Contractor (2 pages) DBE Monthly Progress Report (1 page) DBE/SBE Prompt Payment Certification (1 page) DBE Prime Contractor Payments to Non-DBh Subcontractors (1 page) DBE Final Report (1 page) Equipment Rental Rates (2 pages) Lobbying Certification Forms (2 pages) Non -Collusion Statement (2 pages) Payroll Verification Information (1 page) Prison Produced Materials Provision (1 page) Railroad Insurance Provision (when work is in Railroad ROW) (2 pages) SBE Monthly Progress Report (1 page) TxDOT Certificate of Insurance — Form 1560 (2 pages) 148 CITY OF PEARLAND KUUUIKCU GUN I KAU I VKUVI5IUN5 FEDERAL -AID CONSTRUCTION CONTRACTS REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety Accident Prevention VIII. False Statements Conceming Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) 1. GENERAL 1. Form FHWA-1273 must be physically incorporated In each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) In all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. FHWA-1273 -- Revised May 1, 2012 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964 as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230 and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1 Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U S C 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under 1 3-2016 00850-T - 2 of 57 149 KLUUIKLU UUN I KAU I NKUVISIUNS CITY OF PEARLAND FEDERAL -AID CONSTRUCTION CONTRACTS this contract, The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Govemment to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability Such action shall include: employment, upgrading demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the- job training? 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hinng minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropnate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer.' All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be denved. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hinng, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national ongin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropnate corrective action within a reasonable time If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are 2 3-2016 00850-T - 3 of 57 150 KCUUIKCU UUN 1 KAU I F'KUVISIUN5 CITY OF PEARLAND FEDERAL -AID CONSTRUCTION CONTRACTS applicants for employment or current employees. Such efforts should be aimed at developing hill journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minonfles and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to fumish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a col ective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9 Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of matenals and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following* (1) The number and work hours of minority and non- minonty group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hinng, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll penod preceding the end of July. If on-the-job training is being required by special provision, the contractor 3 3-2016 00850-T - 4 of 57 151 KEUUIKEU UUN 1 KAU I F'KUVISIUNS CITY OF PEARLAND FEDERAL -AID CONSTRUCTION CONTRACTS will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated useby written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly penod (but not Tess often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b.(1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested Is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authonzed representative, will approve, modify or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or 4 3-2016 00850-T - 5 of 57 152 KCUUIKCU UUN I KAU I F'KUVISIUNS CITY OF PEARLAND FEDERAL -AID CONSTRUCTION CONTRACTS will notify the contracting officer within the 30-day penod that additional time is necessary. (4) The wage rate (including fnnge benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescnbed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the wntten request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same pnme contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a penod of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social secunty number of each such worker, his or her correct classification hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5 5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.doLgov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specrfied in the applicable wage determination incorporated into the contract. 5 3-2016 00850-T - 6 of 57 153 CITY OF PEARLAND KEUUIKEU UUN I KAU I F'KUVISIUNS FEDERAL -AID CONSTRUCTION CONTRACTS (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees dunng working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at Tess than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropnate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program Is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the joumeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at Tess than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at Tess than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval evidenced by formal certification by the U S Department of Labor Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not Tess than the rate specified in the approved program for the trainee's level of progress expressed as a percentage of the joumeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding Journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not Tess than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. 6 3-2016 00850-T - 7 of 57 154 KLUUIKCU UUN I KAU I I'KUVISIUNS CITY OF PEARLAND FEDERAL -AID CONSTRUCTION CONTRACTS d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Fomi FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Govemment contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S Criminal Code, 18 U.S,C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic In any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1 ) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same pnme contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. 7 3-2016 00850-T - 8 of 57 155 CITY OF PEARLAND KE UUIKGEU UUN I KAU I h'KUVISIUNS FEDERAL -AID CONSTRUCTION CONTRACTS VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total onginal contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term ' perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the pnme contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees: (2) the prime contractor remains responsible for the quality of the work of the leased employees: (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinanly available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of matenal and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the wntten consent of the contracting officer, or authonzed representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION T his p r o vision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws goveming safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U S C 3704) 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T his p r o v i s i o n is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: 8 3-2016 00850-T - 9 of 57 156 KEUUIKEU UUN I KAU I F'KUVISIUNS CITY OF PEARLAND FEDERAL -AID CONSTRUCTION CONTRACTS "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or matenals furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification -• First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to fumish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a matenal representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," ' debarred," "suspended," 'ineligible,' "participant," "person," "principal," and 'voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. 'First Tier Covered Transactions' refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the pnme or general contract) "Lower Tier Covered Transactions' refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). 'First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entenng into this covered transaction without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (httos://www.epls.gov/), which is compiled by the General Services Administration. 9 3-2016 00850-T - 10 of 57 157 CITY OF PEARLAND KEUUIKCU UUN I KAU I 1-KUVItIUN5 FEDERAL -AID CONSTRUCTION CONTRACTS i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, rf a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntanly excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant 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 participating in covered transactions by any Federal 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 cnminal 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, bnbery, 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 govemmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(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. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant leams that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible." "participant," "person," "principal," and 'voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25 000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntanly excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred or otherwise ineligible to participate in covered transactions. To venfy the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www eels goy!), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the 3-2016 10 00850-T - 11 of 57 158 KI_UUIKEU (JUN I KAU I VKUVISIUNS CITY OF PEARLAND FEDERAL -AID CONSTRUCTION CONTRACTS department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XIS CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement the undersigned shall complete and submit Standard Form-LLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a matenal representation of fact upon which reliance was placed when this transaction was made or entered Into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 11 3-2016 00850-T - I of 57 159 KEUUIKEU UUN I KAU 1 1-1KUVISIUNS CITY OF PEARLAND FEDERAL -AID CONSTRUCTION CONTRACTS ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service Indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractors permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be done as on -site work. 3-2016 12 00850-T - 13 of 57 160 CITY OF PEARLAND BIDDER CERTIFICATION Bidder Certification By signing the proposal the bidder certifies: 1. the only persons or parties interested in this proposal are those named and the bidder has not directly or mdirectly participated in collusion entered into an agreement or otherwise taken any action in restraint of free competitive bidding in connection with the above captioned project. 2 m the event of the award of a contract, the organization represented will secure bonds for the full amount of the contract. 3. the signatory represents and warrants that they are an authorized signatory for the organization for which the bid is submitted and they have full and complete authority to submit this bid on behalf of their firm. 4. that the certifications and representations contained in the proposal are true and accurate and the bidder intends the proposal to be taken as a genuine government record. 3-2016 00850-T - 14 of 57 161 Certification of information: The undersigned does hereby affirm that the information supplied is true and correct as of the date hereof, under penalty of perjury. City Bid No./Quote for which the local preference is requested: 0716-46 PULICE CONSTRUCTION, INC. ri,?((2,A G (Nai e of Bidder) THE STATE OF TEXAS § COUNTY OF f Ia eEit § Appeared before me the above -named (Can (Date) VICTOR JIMENEZ (Print) known to me to be the same, and swore that the information provided in response to the fo `: going questions are true and correct to the best of his/her knowledge and belief, this day of ���,apV.I.001% I?ASI�AUN LAW s. � � Notary Public, State of Texas '-;`�►, % •_. � Comm. Expires 03-24-2020 ''% 4;°0.1;;\% Notary ID 130694668 ,��Ilill///#/ -- �' 20 ao a I- at. aid OTARY PUBLI 'I' TE 0 TEXAS Printed Name: /10,,,r) MA) Commission Expires: � aq d o 2 161A CERTIFICATE OF THE SECRETARY PULICE CONSTRUCTION, INC. Dated August 22, 2016 I, Joseph G. Portela, certify that I am the duly elected and qualified Secretary of Pulice Construction, Inc. (the 'Company"), and that as such, I am authorized to execute this Certificate on behalf of the Company in connection with the Company's submission of a response to the Request for Proposals ("RFP") for the Construct 4-Lane Undivided Fite Road From Mclean Road to Veterans Drive (the 'Project"), issued by the City of Pearland. I do hereby certify, in the name of and on behalf of the Company, and solely in my capacity as described above, as follows: 1. Attached hereto as Exhibit A is a true correct and complete copy of the Unanimous Written Consent of the Board of Directors of the Company, dated June 23, 2014, electing Victor Jimenez as Chief Operating Officer of the Company. Given under my hand the seal of the Company in the City of New York, State of New York, this 22nd day of August, 2016. Joseph G. Portela, Secretary 161B Exhibit A Copy of Resolution 161C UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF PULICE CONSTRUCTION, INC. Dated June 23, 2014 THE UNDERSIGNED, being all of the directors of Pulice Construction, Inc. (the "Corporation"), an Arizona corporation, and constituting the entire board of directors of the Corporation (the "Board"), acting pursuant to applicable law, hereby waive any and all requirements for the holding of a meeting, including, without limitations any requirements as to call and notice thereof, and consent to the adoption of the following recitals and resolutions and to the actions set forth herein as of the date set forth above, which actions shall have the same force and effect as if taken by unanimous affirmative vote at a meeting of the Board of Directors duly called and held: RESOLVED, that Victor Jimenez, be and he hereby is, elected Chief Operating Officer of the Corporation, and is hereby authorized to take the following action on behalf of the Corporation, in an individual capacity, with the specific exception of collecting payments in cash and in bearer checks: • To represent the Corporation before any public or private persons, entities or institutions, and before any federal, state or local governmental or administrative body. • To draw up and submit bids for any public and private contracts, and to sign the relevant public or private documents for the award of the contract to the Corporation, or to a joint venture entered into with other companies or individuals or public or private entities, either jointly or severally • To sign all certificates and verifications of certificates and to make such declarations and reservations as he deem fit; to make such allegations, objections or exceptions as he deems fit and to receive the balances; to accept alterations to contracts; to accept awards of contracts for supplementary and additional services; to appear at settlements for completion of contracts, and to give his agreement thereto, and to receive any proceedings throughout, and to receive and collect the amounts due to the Corporation in this respect. To terminate or rescind contracts and to accept terminations and rescissions. • To enter into, execute authorize, amend, modify, terminate or rescind all types of acts and contracts relating to the Corporation with individuals and with all federal, state and local governmental and administrative bodies. • To intervene on behalf of the Corporation as assignee of contracts for works, services, supplies, installations of factories and industrial plants and any other contracts relating to the Corporation. • To enter into, assign, modify, terminate or rescind contracts with subcontractors and suppliers. • 161D • To provide provisional and definitive guarantees and deposits to any persons, entities and institutions, whether public or private, including the application for and obtaining of guarantees, and bank deposits from banks, saving banks, credit cooperatives reciprocal guarantees companies, financial institutions and Insurance companies of any kind. • To withdraw receive and collect securities and monies of all kinds to be delivered to the Corporation by any persons entities, companies and institutions, whether to public or private, and any federal, state or local taxing authority • To make and reply to notarized demands. • To sign and issue receipts. • To acquire or lease commercial properties and offices. • To make sworn and other statements relating to the Corporation. • To enter into agreements with utility companies and other companies for water, electricity, telephone, telefax and all other supplies and services. • To hire, suspend, sanction and dismiss employees. To inform them of their duties and remuneration. • To serve and reply to legal demands and legal claims of all kinds. To appear before all federal, state and local legislative, judicial and executive bodies of the government; to file, pursue and conclude, as claimant, defendant or otherwise, all civil, criminal, administrative proceedings, lawsuits and action of any kind; to engage lawyers to assist with such matters, • To commence and pursue through all stages and to conclude arbitration proceedings of all kinds to which the Corporation may have submitted; to instigate such proceedings and to appear in the name of the Corporation to receive notice, to submit pleadings and statements of case, to propose evidence, to appoint and challenge arbitrators, and in general to perform all acts required to conclude the arbitration proceedings, including their conclusions as a result of withdrawal, agreement or settlement. To request the correction, clarification or supplementation of the arbitration award, as well as its annulment and its provisional and definitive enforcement. To attend creditors meetings, with the right to speak and vote, in judicial or extrajudicial insolvency proceedings of all kinds, and thereat to acknowledge, not acknowledge, exclude, include and not include, approve or contest debts; to request the ranking of debts owed to the Corporation; to contest or approve the ranking of debts owed to third parties, and to vote for or against or to abstain in voting on the ranking of debts; to accept the appointments of receivers, administrators or liquidators, and to challenge such appointments. And in general to take all such action as may be necessary for monitoring and concluding proceedings of this type in which he intervenes. 161E • To form, operate, modify and dissolve joint ventures with third parties. FURTHER RESOLVED, that Victor Jimenez is hereby authorized to take the following action on behalf of the Corporation jointly with another legally authorized representative of the Corporation: • To open, operate and close current and credit accounts m the name of the Corporation. • To give money on loan. • To obtain and provide credit facilities of all kinds from and to third parties. • To endorse drafts and certificates of works. • To sell, purchase, exchange and encumber movable and immovable property. • To constitute, modify, subrogate, distribute, recognize, reduce and cancel mortgages and other liens on movable and immovable property and any other security interests • To receive movable or immovable property in payment or part payment. • To purchase, sell, pledge and dispose of all types of securities, shares, stock, bonds, promissory notes and participations, to deposit them in appropriate establishments, to sign purchase orders, sale orders and contract notes. To sign and formalize loan and credit facility agreements, secured by personal guarantee, securities or mortgage, to dispose of the principal, to agree or contest statements of account, and to cancel such loans or credit facilities. • To sign and formalize agreements for guarantees provided to the Corporation, other than guarantees provided to third parties. • To assign to third parties, for a valuable consideration or free of charge, all types of contracts for works services, supplies, installation of factories and industrial plants and any othe► contracts relating to the Corporation, and to act on behalf of the Corporation as assignor thereof. • To take part in the incorporation, modification, liquidation and dissolution, in the United States, of private and public companies. 161F FURTHER RESOLVED, that the Corporation, through its duly authorized officers or other authorized persons, is hereby authorized in the name and on behalf of the Corporation to certify as to the adoption of any and all such resolutions; FURTHER RESOLVED, that the Corporation is authorized and directed to take such action and to execute all documents that the duly authorized officers or other authorized persons of the Corporation may deem necessary or advisable in order to carry out the purposes of this written consent, the taking of any such actions or execution acknowledgment, delivery filing or recording of any such documents instruments or certificates to be conclusive evidence of the necessity or desirability thereof; FURTHER RESOLVED, that the Corporation is authorized to make all payments of fees and expenses associated with, related to or arising out of the matters contemplated by this written consent or otherwise related to the matters contemplated hereunder; and FURTHER RESOLVED, that this written consent may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same written consent. IN WITNESS WHEREOF, each of the undersigned has executed this written consent as of the day first written above. Alejai"-" Tanga Botteghelz 161G CITY OF PEARLAND BUY AMERICA Buy America General Current regulations require the use of domestic steel and iron in federally funded highway construction. All steel and iron products must be of domestic origin. All manufacturing processes must take place domestically. All foreign steel and iron materials and products are covered by Buy America regulations regardless of the percentage they comprise in a manufactured product or the form they may take. The regulations allow bidders and the LG some latitude through minimum use, waivers and alternate bids. As previously mentioned, all manufacturing processes must take place domestically. Manufactunng begins with the initial melting and mixing, and continues through the coating stage. Any process that modifies the chemical content, the physical size or shape, or the final finish is considered a manufacturing process. These processes include rolling, extruding, machining, bending, grinding, drilling and coating. Coating includes epoxy coating, galvanizing, painting, or any other coating that protects or enhances the value of the material. Buy America does not apply to raw materials (iron ore and alloys), scrap, pig iron or processed, pelletized, and reduced iron ore. Insufficient domestic supplies of raw materials caused FHWA to issue a nationwide waiver allowing foreign source supplies of these items. The waiver may be found at the FHWA website (http://www.thwa.dot.gov/programadinin/contracts/032495.cfin). If domestically produced steel billets or iron ingots are shipped overseas for any manufacturing process, and then returned to the U.S., the resulting product does not conform to the Buy America requirements. The manufactunng process for a steel/iron product is considered complete when the product is ready for use as an item (e.g., fencing, posts, girders, pipe, manhole cover, etc.) or could be incorporated as a component of a more complex product through a further manufacturing process (e.g., the case for a traffic signal head). The final assembly process does not need to be accomplished domestically so long as the steel/iron component is only installed and no manufacturing process is performed on the steel/iron component. Example: Shapes produced domestically from foreign source steel billets are not acceptable under Buy America since the initial melting and mixing of alloys to create the steel occurred in a foreign country. Example: All welding must take place domestically since the welding rod itself is typically an iron/steel product and the welding process substantially alters the rod. Buy America does not apply to minimal use of iron/steel materials provided that the total cost of all foreign source items used in the project, as delivered to the project site, is less than $2,500 or one -tenth -of -one -percent (1/10 of 1%) of the contract amount, whichever is greater. If a supplier or fabricator wishes to use a partial fabrication process where domestic and foreign source components are assembled at a domestic location, the "as delivered cost" of the foreign components should include any transportation, assembly and testing costs required to install them in the final product. 3-2016 00850-T - 15 of 57 162 CITY OF PEARLAND BUY AMERICA For the Buy America requirements to apply, the steel or iron product must be permanently incorporated into the project Buy America does not apply to temporary steel items (e.g. temporary sheet piling, temporary bridges, steel scaffolding and falsework, etc.) Further, Buy America does not apply to materials that remain in place at the contractor's convenience. The practice of making otherwise eligible items non -participating for the purpose of circumventing the Buy Amenca requirements is unacceptable and will not be approved There is no clear-cut rule for resolving an after -the -fact discovery of an inadvertent incorporation of an excess amount of foreign materials into a project. Each situation should be resolved on a case -by -case basis. FHWA retains the authority to resolve all Buy Amenca issues. Buy America provisions apply to all material incorporated in a Federal -aid project, even if an item is rendered as a "donated material' in accordance with 23 U.S.0 323 - Donations and Credits. While the LG may receive a credit for donated material, this material must generally comply with Buy Amenca. Waivers. Approval authority for waivers of Buy America requirements is retained by FHWA for all federally funded projects. The FHWA may grant a waiver of the Buy America requirements for specific projects if the LG can demonstrate either of the following: 1. Compliance with the requirements is inconsistent with the public interest; or 2. Insufficient quantities of satisfactory quality domestic products are available. Materials delivery delay will not be considered as grounds for a waiver. The cost differential between domestic and foreign products is also not grounds for a waiver. An LG may apply for a waiver of the Buy Amenca provisions if it believes that a waiver is warranted The LG must submit the waiver request with supporting information through TxDOT to FHWA sufficiently in advance of need to allow time for proper review and action. Alternative Bidding Procedures. An alternative bidding procedure may be used to justify the use of foreign steel or iron. Under this procedure, the total project is bid using two alternatives: one which is based on foreign source products, and the second using domestic products. The use of foreign products may be justified if the lowest total bid based on domestic steel or iron products is 25 percent more than the lowest bid using corresponding foreign steel or iron products. The 25 percent differential applies to the total bid for the entire project, not just the bids for the steel or iron products. Enforcement. The LG is responsible for enforcing the Buy America provisions. The contract provisions should require the contractor to provide a definitive statement about the origin of all products covered under the Buy America provisions. An alternate procedure is to use step certification for products. Under step certification each handler of the product (supplier, fabricator, manufacturer, processor, etc.) certifies that his or her step in the process was domestically performed. 3-2016 00850-T - 16 of 57 163 Material Statement 0 tcn 1- G N b 23 U a`- U U cn cn Contract No.: Documentation [wired pee. Material Use ass t11 z MINI Material Description aa t e 1.4 a vs Purchase Order No. fal On' V G a) y N Q 0 ,o u um " O O *474 4c.nB a• a ,Y F [ u .) ec0 c ob h c,G g U yq es V O rtt ctE .31" G v U F. yN a) 0 O cn o E.. G -c q F 0 o" o.0 U O tog „ a c� N y O OO 00 O N N >v toCUn 0'2a v= gb N O aJ rl - v � O G ,G u a . .. 2 bA G CU 0 0 ° cocs u 0 0 0 o al P. 'a CIO N t y C! ^ a' 2Ca-_ .0 c• ' N tom-. c O pa v cct Xp Cl.) 0. 0 O bird Ce Y'p tS co) al • O U N w G cl O v G N 1y o. co) :bD ie Ca 8 o eS,8 20..t wc°' o O•G o o°ao y•2c+; 0 N C°' c o E 2 a. Subscribed and sworn to before me this +U+ ett (Authorized Corporate Official Signature) Pm' z (Type Naive and Title) h lU. .X 0 CA E 0 U 3-2016 00850-T - 17 of 57 164 CITY OF PEARLAND CHILD SUPPORT STATEMENT Child Support Statement Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate 3-2016 00850-T - 18 of 57 165 CITY OF PEARLAND CHILD SUPPORT CERTIFICATION tate of T®x;s Health iltiman Services Commission Child Support Certification 1. Section 231.006, Texas Family Code, as amended by Section 82 of House Bill No. 433, 74th Regular Legislative Session (Acts 1995, 74th Leg., R.S., ch. 751), prohibits the payment of state funds under a grant, contract, or loan to ® a person who is more than 30 days delinquent in the payment of child support, and o a business entity in which such a person is the sole proprietor, partner, shareholder or owner with an ownership interest of at least 25%. Section 231.006 further provides that a person or business entity that is ineligible to receive payments for the reasons stated above shall continue to be ineligible to receive payments from the state under a contract, grant, or loan until ® all arrearages have been paid, or ® the person is In compliance with a written repayment agreement or court order as to any existing delinquency. Section 231.006 further requires each bid, or application for a contract, grant, or loan to include • the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25% of the business entity submitting the bid or application, and • the statement in Part III below. Section 231.006 authorizes a state agency to terminate a contract if it determines that statement required below is inaccurate or false. In the event the statement is determined to be false, the vendor is liable to the state for attorney's fees, costs necessary to complete the contract [including the cost of advertising and awarding a second contract], and any other damages provided by law or contract. 11. In accordance with Section 231.006, the names and social security numbers of the individual identified in the contract, bid, or application, or of each person with a minimum 25% ownership interest in the business entity identified therein are provided below. Name Social Security # N/A As required by Section 231.006, the undersigned certifies the following: "Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment, and acknowledges that this contract may be terminated and payment wi hheld if this certification is inaccurate." Signature Victo Jimenez Printed Name Chief Operating Officer Title Date Aulvist Utto 3-2016 00850-T - 19 of 57 1166 STATE OF TEXAS CHILD SUPPORT CITY OF PEARLAND BUSINESS OWNERSHIP FORM State of Texas Child Support =' usiness Ownership Form CONSTRUCT 4-LANE UNDIVIDED FITE ROAD FROM MCLEAN ROAD County: Harris Project Name: TO VETERANS DRIVE Project Number: 'lg. t 0912-31-272 LG - TxDOT CSJ: Business Entity Submitting Bid: PULICE CONSTRUCTION, INC. Section 231.006, Family Code, requires a bid for a contract paid from state funds to include the names and social security number of individuals owning 25% or more of the business entity submitting the bid. 1. In the spaces below please provide the names and social security number of individuals owning 25% or more of the business. Name Social Security Number N/A 2. Please check the box below if no individual owns 25% or more of the business. ( Xi No individual own 25% or more of the business. Except as provided by Section 231.302(d), Family Code, a social security number is confidential and may be disclosed only for the purpose of responding to a request for information from an agency operating under the provisions of Part A and D to Title IV of the Federal Social Security Act (42 USC Section 601-617 and 651-699). Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. The information collected on this form will be maintained by Enter Local Government Name . With few exceptions, you are entitled on request to be informed about the information collected about you. Under Sections 552.021 and 552.023 of the Texas Government Code, you also are entitled to receive and review the information. Under Section 559.004 of the Government Code, you are also entitled to have information about you corrected that you believe is incorrect, Signamire Victor Jimenez Printed Name AtAguts-V 23, 2-M• 40 Date IF THIS PROJECT IS A JOINT VENTURE, ALL PARTIES TO THE JOINT VENTURE MUST PROVIDE A COMPLETED FORM. 3-2016 00850-T - 20 of 57 11 •,7 CONTRACTOR ACKNOWLEDGEMENT OF CITY OF PEARLAND STORMWATER MANAGEMENT PROGRAM Contractor Acknowledgement of Stormwater Management Program I hereby acknowledge that I am aware of the stormwater management program and standard operating procedures developed by OWNER in compliance with the TPDES General Permit No. . I agree to comply with all applicable best management practices and standard operating procedures while conducting my services for OWNER. I agree to conduct all services in a manner that does not introduce illicit discharges of pollutants to streets, stormwater inlets, drainage ditches or any portion of the drainage system. The following materials and/or pollutant sources must not be discharged to the drainage system as a result of any services provided: 1. Grass clippings, leaves, mulch, rocks, sand, dirt or other waste materials resulting from landscaping activities, (except those materials resulting from ditch mowing or maintenance activities) 2. Herbicides, pesticides and/or fertilizers, (except those intended for aquatic use) 3. Detergents, fuels, solvents, oils and/or lubricants, other equipment and/or vehicle fluids, 4. Other hazardous materials including paints, thinners, chemicals or related waste materials, 5. Uncontrolled dewatering discharges, equipment and/or vehicle wash waters, 6. Sanitary waste, trash, debris, or other waste products 7. Wastewater from wet saw machinery, 8. Other pollutants that degrade water quality or pose a threat to human health or the environment. Furthermore, I agree to notify OWNER immediately of any issue caused by or identified by: PULICE CONSTRUCTION, INC. (Company/Contractor) that is believed to be an immediate threat to human health or the environment. Contractor Signature Victor Jimenez Printed Name Chief Operating Officer Title Pcvtojuisk' 1v3j2rOt(o Date 3-2016 00850-T - 21 of 57 16 CITY OF PEARLAND CONTRACTOR'S ASSURANCE CONTRACTOR'S ASSURANCE (Subcontracts -Federal Aid Projects) The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. By signing this Bid, the contractor is giving assurances that all subcontract agreements will incorporate the Standard Specification and Special Provision to Section 9.9, "Payment Provisions for Subcontractors", all subcontract agreements exceeding $2,000 will incorporate the applicable "Wage Determination Decision", and, all subcontract agreements of $10,000 or more will incorporate the following: Special Provision "Certification of Nondiscrimination in Employment" Special Provision "Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity" (Executive Order 11246) Special Provision "Standard Federal Equal Employment Opportunity Construction Contract Specifications" (Executive Order 11246) Form FHWA 1273 "Required Contract Provisions Federal -aid Construction Contracts" (Form FHWA 1273 must also be physically attached to subcontracts and purchase orders of $10,000 or more) 3-2016 00850-T - 22 of 57 169 CITY OF PEARLAND DEBARMENT CERTIFICATION Debarment Certification General. Contractors are not allowed to participate in federally funded projects if they are suspended or debarred. The prime contractor is required to certify as to their current eligibility status. Certification is also required of all prospective participants in lower tier transactions. This includes subcontractors, material suppliers, vendors, etc. Each participant must certify: "...that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency .... and that they have not been convicted or had civil judgment rendered within the past three years for certain types of offenses." The General Services Administration (GSA) has the responsibility to compile, maintain, and distribute the list of suspended and debarred parties that are excluded from all Federal procurement and non -procurement programs. The GSA list is distributed to all FHWA field offices and is provided to TxDOT to assure that suspended or debarred parties are not awarded federal -aid highway projects. GSA's list of debarred firms (Excluded Parties List) may be accessed at https://www.sam.gov/portal/public/SAM/. The State of Texas has similar requirements prohibiting contracts with debarred contractors. The state's list of debarred firms (Comptrollers List) may be accessed at http://www.window.state.tx.us/procurement/prog/vendor_perforrnance/. 3-2016 00850-T - 23 of 57 17 CITY OF PEARLAND DIFFERING SITE CONDITIONS Differing Site Conditions 23 U.S.C. 112(e) (1) General rule.— The Secretary shall issue regulations establishing and requiring, for inclusion in each contract entered into with respect to any project approved under section 106 of this title a contract clause, developed in accordance with guidelines established by the Secretary, which equitably addresses each of the following: (A) Site conditions. (B) Suspensions of work ordered by the State (other than a suspension of work caused by the fault of the contractor or by weather). (C) Material changes in the scope of work specified in the contract. The guidelines established by the Secretary shall not require arbitration. (2) Limitation on applicability. — (A) State law — Paragraph (1) shall apply in a State except to the extent that such State adopts or has adopted by statute a formal procedure for the development of a contract clause described in paragraph (1) or adopts or has adopted a statute which does not permit inclusion of such a contract clause. (B) Design -build contracts. Paragraph (1) shall not apply to any design -build contract approved under subsection (b)(3). 3-2016 00850-T - 24 of 57 171 2014 SPECIFICATIONS Special Provision to Item 000 Disadvantaged Business Enterprise in Federal Aid Contracts 1. DESCRIPTION The purpose of this Special Provision is to carry out the U.S. Department of Transportation's (DOT) policy of ensuring nondiscrimination in the award and administration of DOT assisted Contracts and creating a level playing field on which firms owned and controlled by individuals who are determined to be socially and economically disadvantaged can compete fairly for DOT assisted Contracts If the Disadvantaged Business Enterprise (DBE) goal is greater than zero, Article A, "Disadvantaged Business Enterprise in Federal Aid Contracts", of this Special Provision shall apply to this Contract. If there is no DBE goal Article B, "Race Neutral DBE Participation," of this Special Provision will apply to this Contract. The percentage goal for DBE participation in the work to be performed under this Contract will be shown on the proposal. 1.1. Article A. Disadvantaged Business Enterprise in Federal Aid Contracts. 1.1.1. Policy. It is the policy of the DOT and the Texas Department of Transportation (Department) that DBEs, as defined in 49 CFR Part 26, Subpart A and the Department's DBE Program, shall have the opportunity to participate in the performance of Contracts financed in whole or in part with Federal funds. The DBE requirements of 49 CFR Part 26, and the Department's DBE Program, apply to this Contract as follows: 1.1.1.1. The Contractor will solicit DBEs through reasonable and available means, as defined in 49 CFR Part 26, Appendix A and the Department s DBE Program, or show a good faith effort to meet the DBE goal for this Contract. 1.1.1.2. The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate. 1.1.1.3. The requirements of this Special Provision shall be physically included in any subcontract. 1.1.1.4. By signing the Contract proposal, the Bidder is certifying that the DBE goal as stated in the proposal will be met by obtaining commitments from eligible DBEs or that the Bidder will provide acceptable evidence of good faith effort to meet the commitment. The Owner will determine the adequacy of a Contractor's efforts to meet the Contract goal, within 10 business days, excluding national holidays from receipt of the information outlined in this Special Provision under Section 1.1.3 , "Contractor's Responsibilities.' If the requirements of Section 1.A 3 are met, the conditional situation will be removed and the Contract will be forwarded to the Contractor for execution. 1.1.2. Definitions. 1.1.2.1. "Broker" is an intermediary or middleman that does not take possession of a commodity or act as a regular dealer selling to the public. 1.1.2.2. "Disadvantaged Business Enterprise" or "DBE" is defined in the standard specifications, Article 1, Definition of Terms. 1.1.2.3. DBE Joint Venture" means an association of a DBE firm and 1 or more other firm(s) to carry out a single business enterprise for profit for which purpose they combine their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the 3-2016 00850-T - 25 of 57 172 2014 SPECIFICATIONS Contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest. 1.1.2.4. "DOT" means the U.S. Department of Transportation, including the Office of the Secretary, the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), and the Federal Aviation Administration (FAA). 1.1.2.5. "Federal Aid Contract" is any Contract between the Owner and a Contractor which is paid for in whole or in part with DOT financial assistance. 1.1.2.6. "Good Faith Effort" means efforts to achieve a DBE goal or other requirement of this Special Provision which, by their scope intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement. 1.1.2.7. "Manufacturer" is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies articles, or equipment required under the Contract and of the general character described by the specifications." 1,1.2.8. "Race -conscious" means a measure or program that is focused specifically on assisting only DBEs, including women -owned businesses. 1.1.2.9. "Race -neutral DBE Participation" means any participation by a DBE through customary competitive procurement procedures. 1.1.2.10. "Regular Dealer" is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a regular dealer the firm must be an established, regular business that engages in, as its principal business and under its own name, the purchase and sale or lease of the products in question. A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock if it owns and operates distribution equipment for the products. Any supplementing of regular dealers own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract -by -contract basis. Brokers, packagers manufacturers' representatives, or other persons who arrange or expedite transactions shall not be regarded as a regular dealer. 1.1.2.11. "Texas Unified Certification Program" or "TUCP" provides one -stop shopping to applicants for certification, such that applicants are required to apply only once for a DBE certification that will be honored by all recipients of federal funds in the state. The TUCP by Memorandum of Agreement established six member entities to serve as certifying agents for Texas in specified regions. 1.1.3. Contractor's Responsibilities. These requirements must be satisfied by the Contractor. 1.1.3.1. After conditional award of the Contract the Contractor shall submit a completed Form SMS.4901 "DBE Commitment Agreement', From SMS 4901-T "DBE Trucking Commitment Agreement", or Form SMS 4901- MS "DBE Material & Supplier Commitment Agreement" for each DBE he/she intends to use to satisfy the DBE goal or a good faith effort to explain why the goal could not be reached Provide these forms to the Owner so as to arrive not later than 5 00 p.m. on the 10th business day, excluding national holidays, after the conditional award of the Contract. When requested, additional time, not to exceed 7 business days, excluding national holidays, may be granted based on documentation submitted by the Contractor. 1.1.3.2. DBE prime Contractors may receive credit toward the DBE goal for work performed by his/her own forces and work subcontracted to DBEs. A DBE prime must make a good faith effort to meet the goals. In the event a DBE prime subcontracts to a non -DBE, that information must be reported on Form SMS.4902, 3-2016 00850-T - 26 of 57 173 2014 SPECIFICATIONS 1.1.3.3. A Contractor who cannot meet the Contract goal, in whole or in part, shall make adequate good faith efforts to obtain DBE participation as so stated and defined in 49 CFR Part 26 Appendix A. The following is a list of the types of action that may be considered as good faith efforts. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases. ■ Soliciting through all reasonable and available means (e.g. attendance at prebid meetings, advertising, and/or written notices) the interest of all certified DBEs who have the capability to perform the work of the Contract. The solicitation must be done within sufficient time to allow the DBEs to respond to it. Appropriate steps must be taken to follow up initial solicitations to determine, with certainty, if the DBEs are interested. ■ Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out Contract work items into economically feasible units to facilitate DBE participation, even when the Contractor might otherwise prefer to perform the work items with its own forces. ■ Providing interested DBEs with adequate information about the plans, specifications, and requirements of the Contract in a timely manner to assist them in responding to a solicitation. ■ Negotiating in good faith with interested DBEs to make a portion of the work available to DBE subcontractors and suppliers and select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiations includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting and evidence as to why additional agreements could not be reached for DBEs to perform the work. ■ A Bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm price and capabilities as well as Contract goals into consideration However, the fact that there may be some additional cost involved in finding and using DBEs is not in itself sufficient reason for a bidders failure to meet the Contract DBE goal as long as such cost are reasonable. Also, the ability or desire of the Contractor to perform the work of the Contract with its own organization does not relieve the Bidder of the responsibility to make good faith effort Contractors are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. ■ Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The Contractor's standing within its industry, membership in specific groups, organizations or associations and political or social affiliations (for example union vs. non -union employee status) are not legitimate cause for the rejection or non -solicitation of bids and the Contractors efforts to meet the project goal ■ Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or Contractor. ■ Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. ■ Effectively using the services of available minority/women community organizations; minority/women Contractors' groups; local, state, and Federal minority/women business assistance offices; and other organizations as allowed on a case -by -case basis to provide assistance in the recruitment and placement of DBEs. ■ If the Owner determines that the Contractor has failed to meet the good faith effort requirements, the Contractor will be given an opportunity for reconsideration by the Owner 1.1.3.4. Should the bidder to whom the Contract is conditionally awarded refuse, neglect or fail to meet the DBE goal or comply with good faith effort requirements, the proposal guaranty filed with the bid shall become the property of the Owner, not as a penalty, but as liquidated damages to the Owner. 3-2016 00850-T - 27 of 57 174 2014 SPECIFICATIONS 1.1.3.5. The preceding information shall be submitted directly to the Owner. 1.1.3.6. 1.1.3.7. The Contractor shall not terminate for convenience a DBE subcontractor named in the commitment submitted under Section 1.A.3.a, of this Special Provision. Before terminating or removing a DBE subcontractor named in the commitment, the Contractor must have a written consent of the Owner. The Contractor shall also make a good faith effort to replace a DBE subcontractor that is unable to perform successfully with another DBE, to the extent needed to meet the Contract goal. The Contractor shall submit a completed Form 4901 "DBE Commitment Agreement", From SMS 4901-T 'DBE Trucking Commitment Agreement', or Form SMS.4901-MS "DBE Material & Supplier Commitment Agreement" for the substitute DBE firm(s). Any substitution of DBEs shall be subject to approval by the Owner. Before approving the substitution, the Owner will request a statement from the DBE concerning it being replaced. 1.1.3.8. The Contractor shall designate a DBE liaison officer who will administer the Contractor's DBE program and who will be responsible for maintenance of records of efforts and contacts made to subcontract with DBEs. 1.1.3.9. Contractors are encouraged to investigate the services offered by banks owned and controlled by disadvantaged individuals and to make use of these banks where feasible. 1.1.4. Eligibility of DBEs. 1.1.4.1. The member entities of the TUCP certify the eligibility of DBEs and DBE joint ventures to perform DBE subcontract work on DOT financially assisted Contracts. 1.1.4.2. 1.1.4.3. The Department maintains the Texas Unified Certification Program DBE Directory containing the names of firms that have been certified to be eligible to participate as DBE's on DOT financially assisted Contracts. An update of the Directory can be found on the Internet at http://www.txdot.gov/apes-cg/tucp/default.htm. Only DBE firms certified at the time commitments are submitted are eligible to be used in the information furnished by the Contractor as required under Section 1.A.3.a. and 3.g. above. For purposes of the DBE goal on this project, DBEs will only be allowed to perform work in the categories of work for which they are certified. 1.1.4.4. Only DBE firms certified at the time of execution of a Contract/subcontract/purchase order, are eligible for DBE goal participation. 1.1.5. 1.1.5.1. Determination of DBE Participation. When a DBE participates in a Contract, only the values of the work actually performed by the DBE, as referenced below, shall be counted by the prime Contractor toward DBE goals: The total amount paid to the DBE for work performed with his/her own forces is counted toward the DBE goal. When a DBE subcontracts part of the work of its Contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the subcontractor is itself a DBE. Work that a DBE subcontracts to a non -DBE firm does not count toward DBE goals. 1.1.5.2. A Contractor may count toward its DBE goal a portion of the total value of the Contract amount paid to a DBE joint venture equal to the distinct, clearly defined portion of the work of the Contract performed by the DBE. 1.1.5.2.1. A Contractor may count toward its DBE goal only expenditures to DBEs that perform a commercially useful function (CUF) in the work of a Contract or purchase order. A DBE is considered to perform a CUF when it is responsible for execution of the work of the Contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the Contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. 3-2016 00850-T - 28 of 57 175 2014 SPECIFICATIONS In accordance with 49 CFR Part 26, Appendix A, guidance concerning Good Faith Efforts, Contractors may make efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. Contractors may not however, negotiate the price of materials or supplies used on the Contract by the DBE, nor may they determine quality and quantity order the materials themselves nor install the materials (where applicable), or pay for the material themselves. Contractors however, may share the quotations they receive from the material supplier with the DBE firm, so that the DBE firm may negotiate a reasonable price with the material supplier. In all cases, prime or other non -DBE subcontractor assistance will not be credited toward the DBE goal 1.1.5.2.2. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, Contract, or project through which funds are passed in order to obtain the appearance of DBE participation. Consistent with industry practices and the DOT/Department's DBE program, a DBE subcontractor may enter into second -tier subcontracts amounting up to 70% of their Contract. Work subcontracted to a non -DBE does not count towards DBE goals. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its Contract with its own work force, or the DBE subcontracts a greater portion of the work of a Contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that the DBE is not performing a CUF 1.1.5.2.3. A DBE trucking firm (including an owner operator who is certified as a DBE is considered to be performing a CUF when the DBE is responsible for the management and supervision of the entire trucking operation on a particular Contract and the DBE itself owns and operates at least 1 fully licensed, insured, and operational truck used on the Contract. 1.1.5.2.3.1. The Contractor receives credit for the total value of the transportation services the DBE provides on a Contract using trucks it owns, insures, and operates using drivers it employs. 1.1.5.2.3.2. 1.1.5.2.3.3. 1.1.5.2.3.4. The DBE may lease trucks from another DBE firm, including an owner operator who is certified as a DBE The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. The DBE may also lease trucks from a non -DBE firm including from an owner -operator. The DBE who leases trucks from a non -DBE is entitled to credit for the total value of transportation services provided by non -DBE lessees not to exceed the value of transportation services provided by the DBE -owned trucks on the Contract. Additional participation by non -DBE lessees receive credit only for the fee or commission it receives as result of the lease arrangement A lease must indicate that the DBE has exclusive use of and control over the trucks giving the DBE absolute priority for use of the leased trucks. Leased trucks must display the name and identification number of the DBE. 1.1.5.2.4. When a DBE is presumed not to be performing a CUF the DBE may present evidence to rebut this presumption. 1.1.5.2.5. Project materials or supplies acquired from an affiliate of the prime Contractor can not directly or indirectly (2nd or lower tier subcontractor) be used for DBE goal credit. 1.1.5.3. A Contractor may count toward its DBE goals expenditures for materials and supplies obtained from a DBE manufacturer, provided that the DBE assumes the actual and contractual responsibility for the materials and supplies. Count expenditures with DBEs for materials or supplies toward DBE goals as provided in the following: 1.1.5.3.1. If the materials or supplies are obtained from a DBE manufacturer, count 100% of the cost of the materials or supplies toward DBE goals. (Definition of a DBE manufacturer found at 1A.c.(1) of this provision.) 3-2016 00850-T - 29 of 57 176 2014 SPECIFICATIONS For purposes of this Section (1.A.c.(1)), a manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications 1.1.5.3.2. If the materials or supplies are purchased from a DBE regular dealer, count 60% of the cost of the materials or supplies toward DBE goals. For purposes of this Section (1.A.5.c.(2)), a regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business: 1.1.5.3.2.1. To be a regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. 1.1.5.3.2.2. A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating, or maintaining a place of business as provided in the first paragraph under Section 1.A.5.c.(2), if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by a long term lease agreement and not on an ad hoc or contract -by -contract basis 1.1.5.3.2.3. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not regular dealers within the meaning of Section 1.A 5.c.(2). 1.1.5.3.3. With respect to materials or supplies purchased from DBE which is neither a manufacturer nor a regular dealer, count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, toward DBE goals, provided you determine the fees to be reasonable and not excessive as compared with fees customarily allowed for similar services. Do not count any portion of the cost of the materials and supplies themselves toward DBE goals. 1.1.5.3.4. Count the entire amount of fees or commissions charged by a DBE firm for providing a bona fide service, such as professional, technical, consultant or managerial services, or for providing bonds or insurance specifically required for the performance of a DOT -assisted Contract, toward DBE goals, provided you determine the fee to be reasonable and not excessive as compared with fees customarily allowed for similar services. 1.1.5.4. If the Contractor chooses to assist a DBE firm, other than a manufacturing material supplier or regular dealer, and the DBE firm accepts the assistance, the Contractor may act solely as a guarantor by use of a two-party check for payment of materials to be used on the project by the DBE. The material supplier must invoice the DBE who will present the invoice to the Contractor The Contractor may issue a joint check to the DBE and the material supplier and the DBE firm must issue the remittance to the material supplier. No funds shall go directly from the Contractor to the material supplier The DBE firm may accept or reject this joint checking arrangement The Contractor must obtain approval from the Owner before implementing the use of joint check arrangements with the DBE. Submit to the Owner, Joint Check Approval Form 2178 for requesting approval Provide copies of cancelled joint checks upon request. No DBE goal credit will be allowed for the cost of DBE materials that are paid by the Contractor directly to the material supplier. 1.1.5.5. No DBE goal credit will be allowed for supplies and equipment the DBE subcontractor leases from the Contractor or its affiliates. 1.1.5.6. No DBE goal credit will be allowed for the period of time determined by the Owner that the DBE was not performing a CUF. The denial period of time may occur before or after a determination has been made by the Owner. In case of the denial of credit for non-performance of a CUF of a DBE, the Contractor will be 3-2016 00850-T - 30 of 57 177 2014 SPECIFICATIONS required to provide a substitute DBE to meet the Contract goal or provide an adequate good faith effort when applicable. 1.1.6. Records and Reports. 1.1.6.1. The Contractor shall submit monthly reports, after work begins, on DBE payments to meet the DBE goal and for DBE or HUB race -neutral participation. Report payments made to non -DBE HUBs. The monthly report is to be sent to the Owner. These reports will be due within 15 days after the end of a calendar month. These reports will be required until all DBE subcontracting or material supply activity is completed. Form SMS.4903, "DBE Progress Report," is to be used for monthly reporting. Form. SMS.4904, "DBE Final Report," is to be used as a final summary of DBE payments submitted upon completion of the project The original final report must be submitted to the Owner. These forms may be obtained from the Owner or may be reproduced by the Contractor. The Owner may verify the amounts being reported as paid to DBEs by requesting copies of cancelled checks paid to DBEs on a random basis. Cancelled checks and invoices should reference the Owner's project number. 1.1.6.2. DBE subcontractors and/or material suppliers should be identified on the monthly report by Vendor Number, name, and the amount of actual payment made to each during the monthly period. Negative reports are required when no activity has occurred in a monthly period. 1.1.6.3. All such records must be retained for a period of 3 years following completion of the Contract work, and shall be available at reasonable times and places for inspection by authorized representatives of the Owner, the Department or the DOT Provide copies of subcontracts or agreements and other documentation upon request. 1.1.6.4. Before receiving final payment, the Contractor shall submit Form SMS.4904, "DBE Final Report". If the DBE goal requirement is not met, documentation supporting Good Faith Efforts, as outlined in Section 1.A.3.c of this Special Provision, must be submitted with the "DBE Final Report ' 1.1.6.5. Provide a certification of prompt payment in accordance with the Owner's prompt payment procedure to certify that all subcontractors and suppliers were paid from the previous months payments and retainage was released for those whose work is complete. Submit the completed form each month and the month following the month when final acceptance occurred at the end of the project. 1.1.7. Compliance of Contractor. To ensure that DBE requirements of this DOT assisted Contract are complied with, the Ownert will monitor the Contractor's efforts to involve DBEs during the performance of this Contract. This will be accomplished by a review of monthly reports submitted to the Owner by the Contractor indicating his progress in achieving the DBE Contract goal, and by compliance reviews conducted on the project site by the Owner. The Contractor shall receive credit toward the DBE goal based on actual payments to the DBE subcontractor. The Contractor shall notify the Owner if he/she withholds or reduces payment to any DBE subcontractor. The Contractor shall submit an affidavit detailing the DBE subcontract payments before receiving final payment for the Contract. Contractors' requests for substitutions of DBE subcontractors shall be accompanied by a detailed explanation which should substantiate the need for a substitution The Contractor may not be allowed to count work on those items being substituted toward the DBE goal before approval of the substitution from the Owner. The prime Contractor is prohibited from providing work crews and equipment to DBEs. DBE Goal credit for the DBE subcontractors leasing of equipment or purchasing of supplies from the prime Contractor or its affiliates is not allowed. When a DBE subcontractor named in the commitment under Section 1.A.3.a. of this Special Provision, is terminated or fails to complete its work on the Contract for any reason the prime Contractor is required to 3-2016 00850-T - 31 of 57 178 2014 SPECIFICATIONS make good faith efforts to find another DBE subcontractor to substitute for the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the Contract as the DBE that was terminated, to the extent needed to meet the Contract goal. A Contractor's failure to comply with the requirements of this Special Provision shall constitute a material breach of this Contract. In such a case, the Owner reserves the right to terminate the Contract; to deduct the amount of DBE goal not accomplished by DBEs from the money due or to become due the Contractor, or to secure a refund, not as a penalty but as liquidated damages to the Owner or such other remedy or remedies as the Owner deems appropriate. Forward Form 2371, "DBE Trucking Credit Worksheet," completed by the DBE trucker every month DBE credit is used. 1.2. Article B. Race Neutral Disadvantaged Business Enterprise Participation It is the policy of the DOT that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 26 Subpart A, be given the opportunity to compete fairly for Contracts and subcontracts financed in whole or in part with Federal funds and that a maximum feasible portion of the Department's overall DBE goal be met using race -neutral means. Consequently, if there is no DBE goal, the DBE requirements of 49 CFR Part 26, apply to this Contract as follows: The Contractor will offer DBEs as defined in 49 CFR Part 26, Subpart Al the opportunity to compete fairly for Contracts and subcontractors financed in whole or in part with Federal funds. Race -Neutral DBE and non - DBE HUB participation on projects with no DBE goal shall be reported on Form SMS 4903 'DBE or HUB Progress Report' and submitted to the Owner each month and at project completion. Payments to DBEs reported on Form SMS.4903 are subject to the requirements of Section 1.1.5., 'Determination of DBE Participation." The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate. 3-2016 00850-T - 32 of 57 179 DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS Project: Highway: City: County: CSJ No.: The following goal for disadvantaged business enterprises is established: DBE 7 % Certification of DBE Goal Attainment By signing the Bid, the Bidder certifies that the above DBE Goal will be met by obtaining commitments equal to or exceeding the DBE percentage or that the Bidder will provide a good faith effort to substitute the attempt to meet the goal. Failure to provide commitments to meet the stated goal or provide a satisfactory good faith effort will be considered a breach of the requirements of the Bid. As a result the Bid guarantee of the Bidder will be property of OWNER and the Bidder will be excluded for rebidding on the project when it is re -advertised. CONTRACTOR By: Name: Title: Phone: 3-2016 00850-T - 33 of 57 180 Texas Department of Transportation Disadvantaged Business Enterprise (DBE) Program Commitment Agreement Form This commitment is subject to the award and receipt of a signed contract from the Texas Department of Transportation for the subject project. Form SMS.4901 (Rev. 06/08) Page 1 of 1 Project #: County: Contract-CSJ: Items of work to be performed (attach a list of work items if more room required): is Bid Item # Item Description Unit of Measure Unit Price Quantity Total Per Item Total The the this Contract contractor DBE agreement subcontractors DBE certifies Special form the Provision. by as signature listed prime on the contractor on this agreement agreement will follow form that If the subcontracts a substitution/replacement DBE Subcontractor will be executed is unable approval between to perform process the prime the as listed in and the on contractor work as outlined IMPORTANT: and the The commitment signatures of amount the must prime always contractor be on the and same the DBE, page. total Prime Contractor: Name/Title (please print): Address: Signature: Phone: Fax: E-mail. Date: DBE: Name/Title (please print): Vendor No.: Address: Signature: Phone: Fax: E-mail. Date: Subcontractor (if the DBE will be a second tier sub): Name/Title (please print): Address: Signature: Phone: Fax: E-mail. Date: The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request to be informed about the information that we collect about you. Under §§552.021 and 552.023 of the Texas Government Code, you also are entitled to receive and review the information. Under §559.004 of the Government Code, you are also entitled to have us correct information about you that is incorrect. To ensure prompt and efficient handling of your project file we are requesting that all commitments to be presented to the Office of Civil Rights, using this basic format. 3-2016 00850-T - 34 of 57 181 air Texas Department of 7Fansportallon Disadvantaged Business Enterprise (DBE) Program Material & Supplier Commitment Agreement Form This commitment is subject to the award and receipt of a signed contract from the Texas Department of Transportation for the subject project. Form SMS.4901-M/S (Rev. 10/08) Page 1 of 1 Project #: County: Contract-CSJ: Items of to be supplied (attach a list if more room is required): material Bid Item # Item Description Measure Unit of Unit Price Quantity Per Item Total $ $ $ $ $ $ Commitment Amount (including attachments): $ Total (Manufacturer Goal Credit =100%) 1. Is quarried explain the fabricated detail. to be supplied, by the DBE? If Yes, blended, please 1. material or in modified, If you answered Yes to Question 1 above, you do not need to answer questions 2-4 (Regular Dealer Goal credit 60%) = 2. materials? Where is the DBE material supplier getting the 2. 3. warehouse project site? does the the material DBE it supplier is delivered store or to the 3. Where material before 4. material arrangements hauling Whose firms equipment to the the and project DBE freight will site? has be used Explain with companies. other to deliver in distributors, detail the any DBE's 4. IMPORTANT! and the total commitment The signatures amount of must the always prime contractor be on the DBE, same page. Prime Contractor: Name/Title (please print): Address: Signature: Phone: Fax: E-mail. Date: DBE: Name/Title (please print): Vendor No.: Address: Signature: Phone: Fax: E-mail: Date: Subcontractor (if the DBE will be a second tier sub) Name/Title (please print): Address: Signature: Phone: Fax: E-mail. Date: The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request, to be informed about the information that is collected about you. Under §552 021 and 552 023 of the Texas Government code, you also are entitled to receive and review the information. Under §559.004 of the Government Code, you are also entitled to have us correct information about you that is incorrect. To ensure prompt and efficient handling of your project file we are requesting that all commitments be presented to the Office of Civil Rights using this basic format. 3-2016 00850-T - 35 of 57 182 Ilan Deportment of haneportaflon Disadvantaged Business Enterprise (DBE) Program Substitution Request Form Form 2228 (Rev. 05/08) Page 1 of 1 Project #: County: Contract-CSJ: Request Date: Prime Contractor: iDatePrime determined DBE unwilling, unable or ineligible: List Previous Approved Subcontractor: Proposed Subcontractor: Bid Item Work Description Dollar Completed Amount Dollar Remaining Bid Item Work Description Dollar Amount Amount $ $ Total Total Will termination result in a goal shortfall? ❑ Yes ■ No If so, how much? Projected date Proposed Subcontractor will commence work? Reason(s) for Substitution Check Appropriate Block E The listed DBE is no longer in business. ❑ The listed DBE failed or refused to perform the contract or furnish the listed materials. ■ The work performed by the listed DBE was unsatisfactory and was not in accordance with the scheduled plans and specifications. ■ The listed DBE requested removal. ❑ Other issues not listed: Provide copy(s) of: Letter to terminate, DBE termination agreement statement or if applicable, DBE letter of voluntary removal request. Contractor Signature: Date: ❑Approved ■ Rejected Reason: District a BE Coordinator Signature: Date: Use TxDOT Form 2184 if good faith effort is applicable. 3-2016 00850-T - 36 of 57 183 ®Texas Department of Transportation COMMERCIALLY USEFUL FUNCTION (CUF) PROJECT SITE REVIEW (CONSTRUCTION PROJECTS) Form 2182 (Rev. 03/08) Page 1 of 2 Per 49 responsibilities extra CFR participant 26.55, by "A DBE performs actually performing, in a transaction, a commercially managing, contract, or useful function and supervising project through which the funds when work are it is responsible involved... passed in A order for execution DBE does to obtain of not the the perform appearance work a of the CUF of DBE contract if its role participation..." and is limited is carrying to This that out its of an form is for the District purposes of reviewing field staff will perform DBEs CUF for compliance reviews with the CUF requirements on DBE subcontractors for credit. and Material suppliers. Perform a minimum of one review for each DBE for each project with DBE goal. The review should be conducted when the DBE first begins work. Monitor compliance through the course of the project. Project ID/CSJ: TxDOT Reviewer's Reviewer: Title: County: Prime Contractor: Review Date: DBE Name. DBE is as: the Prime Contractor ❑ a Subcontractor an other Tier Subcontractor ■ performing Material Supplier: Manufacturer ❑ Regular Dealer ❑ Broker ■ or Provide brief description of the DBE's scope of work. (Obtain Subcontract Agreement Purchase Order if needed.) a copy of and/or COMMENSURATE YES NO Is Payment by the DBE the work being received commensurate with performed? ❑ ❑ PERFORMING Does the DBE have the to the work? employees on job perform ❑ 0 Does the DBE's for the DBE? employees only work ❑ 0 Is the DBE working without assistance from the prime contractor or another subcontractor? ❑ ❑ (Use credited of pnme's towards equipment the goal ) in an emergency is allowed but the cost associated with the use of the equipment cannot be Is the DBE leases? only using equipment it owns, rents, or ❑ ❑ (Attach equipment list and all ownership documents and rental/lease agreements.) Is the DBE performing at least 30% of their work? ■ ❑ HAULING FIRMS Does the DBE hauling firm own or lease their trucks? (If so, obtain venfication of ownership or lease documents in 0 ❑ the name of the DBE ) Does the DBE drivers for trucks by the leased trucks this employ owned company? (If include operators, should ❑ ❑ be indicated in the agreement.) Does the haul tickets the indicate that hauling is being by ❑ ❑ a review of associated with project performed the DBE? MATERIALS Does the DBE's invoices, haul tickets, bills lading? ❑ ■ name appear on all and/or of If has the District DBE Coordinator TxDOT Joint joint checks are used, approved? (Obtain appropriate copies of C ❑ Check Approval -Form 2178.) Are joint checks signed by the DBE? (Obtain canceled check copies.) ❑ ❑ SUPERVISING Is the DBE its their ❑ ■ supervising employees and work? Is the supervisor a full-time employee of the DBE? ❑ ❑ CUF Does the DBE appear to be performing a Commercially Useful Function (CUF)? (If no, provide comments.) ❑ ❑ If DBE is not performing a CUF, contact the OCR at 1-866-480-2518. COMMENTS 3-2016 00850-T - 37 of 57 184 For Month of (Month/Year): Prime Contractor: DBE Hauling Firm: c U O Contract CSJ: ai 0 .n Lai E C rn c :Y 2 w CO 0 L O a a c O E (o a/ -c 0 G ar E v O V c t0 a! 2 b v 03 ,O v .0 4-, f0 S 4.1 a) EJ s DBE Company Official t v al a o v � m � 5 t T a Y a; a o ° _v .4, • O o c c > L O +' t7 o 09L-' ,o O Lu E O O L4 = C tLrt � t/1 -C .O O O N E ttn O "n c E c -' O 4 1 .D O E E c al C N +a o*1 o o a a X c c a' > o a, cw E Q • v cu c ° (1) . al C ,C CM O E o ID a,01 v0 E •1- ai }, aro m —0" 0 C u .,., L.. C al O m E E v CO C l7 c al al N E +.1 • ° N L L C O +. ,a a1 C T C °m O E to ° o 'o M a o ao E v N N co LO C "- C t a! O O W N +• Dt - ++ d N O • E `^ N E ;V ar E � O L m X T O v+. a, o H Ic— m aci 3-2016 00850-T - 38 of 57 185 Texan Department of TtonsponsHon Prime Contractor DBE Good Faith Effort County: CSJ #: Company Name: Form 2184 (Rev. 05/08) Page 1 of 2 Company Contact: Address: Phone: Fax: E-mail: The following is a list of the types of actions that may be considered as good faith efforts. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases, however please check all that apply in this instance. Please provide documentation for ALL instances selected. C • ■ Selected portions of work to be performed by DBEs and where appropriate, broke down contracts into economically feasible units to facilitate DBE participation. Provided interested DBE with adequate information about plans, specifications, and requirements of the contract. Negotiated in good faith with interested DBE, not rejecting DBEs as unqualified without sound reasons based on a thorough investigation of their capabilities. Made efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance required by TxDOT or Contractor. Made efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services Advertised subcontracting opportunities in appropriate media Used the services of minority organizations, minority contractors' groups, local state and federal minority business assistance offices and other organizations that provide assistance identifying subcontractors. Provided written notice to DBEs in sufficient time to allow the DBE to respond. (provide documentation on Pg.2) ❑ Followed up initial solicitation of interest by contacting DBE to determine interest. (provide documentation Pg. 2) Describe any other efforts not covered above that may indicate affirmative action to obtain DBE participation on this project and provide documentation. 3-2016 00850-T - 39 of 57 186 Form 2184 (Rev. 05/08) Page 2 of 2 If the dollar value of the goal for DBE participation in this project has not been met, the Contractor is required to complete the following questions to describe efforts to obtain DBE participation. Copies of correspondence, return receipts, telephone logs, or other documentation will be required to support good faith efforts. Please provide information for each DBE. County: CSJ #: Company Name. Indicate Specific Work or Materials (by pay item). Date Contacted: Fax: Contact Method (check all that apply): Phone 11 Fax n Mail n E-mail DBE Response C No Response ❑ Submitted an acceptable sub -bid Not interested: Indicate Reason(s) E Needs more information: Date Prime provided requested information ❑ Will provide quote by: Date ❑ Received unacceptable sub -bid Bid Amount $ Type of Work Date: Method: I-1 Phone C Fax Mail P1 E-mail Please attach bid solicitations and all bid responses 3-2016 00850-T - 40 of 57 187 Texas Department of Transportation Project: County: Letting Date: Contractor: DBE Goal: Texas Department of Transportation DBE Monthly Progress Report Contract CSJ: District: For Month of (Mo./Yr.): Contract Amount: DBE Goal Dollars: 0/0 Form SMS.4903 (Rev. 07/08) Page 1 of 1 Vendor Number Name Sub/Supplier of DBE * RC or ** $ Amt for DBE Work Paid *** to $ Non Amt -DBE Paid DBEs Amt Paid to to Date For use TxDOT Only and Tier 2nd Haulers CO Subs this Performed (X) Period �X r Y) RN * ** *** Race Conscious or Race Neutral. Goal/commitment progress report amount and/or race -neutral amount. subcontractors and haulers from this column. Do not subtract Report amount of payment DBE subcontractors paid to non -DBE subcontractors/haulers. non -DBE second -tier If using a non -DBE hauling firm that leases from DBE truck owner -operators, payments made to each owner - operator must be reported separately. Any changes to the DBE commitments approved by the department must be reported to the area engineer. Submission of this report for periods of negative DBE activity is required. This report is required until all DBE subcontracting or material supply activity is completed. I hereby certify that the above is a true and correct statement of the amounts paid to the DBE firms listed above. Signature: Company Official Date: This report must be sent to the area engineer's office within 15 days following the end of the calendar month. The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request to be informed about the information that is collected about you. Under §§552.021 and 552.023 of the Texas Government Code, you also are entitled to receive and review the information. Under §559.004 of the Government Code, you are also entitled to have us correct information about you that is incorrect. 3-2016 00850-T - 41 of 57 188 Taw ,nen'Department of rmn,poihfbn Prompt Payment Certification Federal -Aid Projects and Projects with SBE Goals Form 2177 (Rev. 05/11) Page 1 of 1 In accordance with the requirements of the DBE/SBE special provision and the prompt payment clause under Article 9.6.B and related special provisions, submit this certification form to the Engineer prior to the end of the month following the month payments were received from the department and the month following the month when final acceptance occurred, at the end of the project. (Final submission may be made prior to final acceptance if all subcontractor work and supplier material furnished for the project is complete and the subcontractors and suppliers final payments have been made in full.) The Engineer may withhold payments or suspend work for failure to submit this form or provide prompt payment in accordance with the contract. This certification is applicable to materials the Contractor purchases to remain as part of the final project and to first tier subcontractors on the project and associated project specific locations. (Subcontractors and suppliers are to comply with the prompt payment requirements.) Certification "I certify that to the best of my knowledge and with the exception of those subcontractors or suppliers listed below all subcontractors and suppliers have been paid in accordance with the contract (10 days after receiving payment for the work performed by the subcontractor) and that any retainage held on a subcontractor or supplier's work has been released within 10 days after satisfactory completion of all of the subcontractors' or suppliers' work." Project Number: Estimate Period: CCSJ: Month Printed Name. Signature or Year Final Subcontractor and Supplier Payment Date Title The following firms have not been paid for reasons listed: Date Firm * Reason for Non -Payment *Only reasons based on dispute on subcontractor or supplier noncompliance may be accepted. This certitication is for the department's information only and does not place any obligations on the part of the department with regard to any part, including but not limited to, any subcontractor and Contractor's surety. The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request to be informed about the information that we collect about you. Under Sections 552.021 and 552.023 of the Govemment Code, you also are entitled to receive and review this information. Under Section 559.004 of the Govemment Code, you are also entitled to have us correct information about you that is incorrect. 3-2016 00850- I' - 42 of 57 189 Texas Department of Transportation Project: County: Letting Date: Contractor: DBE Prime Contractor Payments to Non -DBE Subcontractors Contract CSJ: District: For Month of (Mo./Yr.): Contract Amount: Form 9.45.4902 (Rev. 05/08) Paget of 1 Name of Non -DBE Subcontractor Paid Period This Total $ Amount Date Paid to $ Amount Send this report to the District DBE Coordinator. Report is due within 15 days following the end of each calendar month. Signature: Company Official Date: The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request to be informed about the information that is collected about you. Under §§552.021 and 552 023 of the Texas Government Code, you also are entitled to receive and review the information. Under §559.004 of the Government Code, you are also entitled to have us correct information about you that is incorrect. 3-2016 00850-T - 43 of 57 190 DBE Final Report Iofferns Department hansparlsllon Forth SMS.4904 (Rev. 09/10) Page 1 of 1 The DBE final report form should be filled out by the contractor and submitted to the appropriate district office upon completion of the project. One copy of the report must be submitted to the area engineer's office The report should reflect all DBE activity on the project The report will aid in expediting the final estimate for payment If the DBE goal requirements were not met, documentation supporting good faith efforts must be submitted. Project: County: Letting Date: Contractor: Contract CSJ: Control Project: DBE Goal: Contract Amount: % Vendor Number Name Sub/Supplier of DBE RC RN* Amount DBE Goal Paid — to Total Datet Amount 2nd Tier Paid to & Non Haulerst -DBE Use TxDOT For Only Subs * Race -Conscious or Race -Neutral. t Goal/commitment progress report amount and/or race -neutral amount. Do not subtract non -DBE second -tier subcontractors and haulers from this column. t DBE subcontractors paid to non -DBE subcontractors/haulers. Was there a project under -run caused by a TxDOT change order that impacted DBE Goal attainment? C Yes C No Change Order Number This is to certify that % of the work was completed by Disadvantaged Business Enterprises as stated above. By Per: Name of General Contractor Contractor's Signature Subscribed and sworn to before me, this day of , A.D. Notary Public County My commission expires: The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request, to be informed about the information that is collected about you. Under §§552.021 and 552.023 of the Texas Government Code, you also are entitled to receive and review the information. Under §559.004 of the Government Code, you are also entitled to have us correct information about you that is incorrect. 3-2016 00850-T - 44 of 57 191 Equipment Rental Rates General Federal regulations address participation in equipment owned or rented by the contractor and used in force account work Specified cost accounting principles must be used to develop the rates. Ineligible costs included use of contingencies, replacement cost escalator factors, and premium rental rates for rental periods less than one month. Federal policy requires that actual costs be used to determine extra work payments; however, actual equipment costs are usually not readily available. Therefore, the FHWA permits an LG to specify the acceptable rate guides in construction contracts. The LG may also include any equipment rate schedules developed in conformance with the Federal cost principles and the FHWA policy. The Federal cost principles applicable to rental rates for contractor furnished equipment are contained in 48 CFR, Part 31. The provisions in 2 CFR 225 apply when LG-owned equipment is used. Rental Rate Guides: An LG may, subject to TxDOT concurrence, adopt the Blue Book or other industry rate guide, or it may develop its own guide. The LG must make the determination that the equipment rental rates developed or adopted fairly estimate a contractor s actual cost to own and operate the equipment within its jurisdiction. TxDOT must review and approve the LG's rates for comphance with the policy before including the rates in a contract proposal. Adjustment Factors* Equipment is not expected to operate for 12 consecutive months. Maps at the beginning of each Blue Book equipment section indicate adjustment factors based on climate and regional costs. Rate adjustment tables indicate adjustment factors based on equipment age. The adjustment factors in the maps and tables are to be applied when determining the eligible rate. Maximum Rate: The Blue Book adjusted rates cover all eligible equipment related costs. Therefore, they are considered to be the maximum eligible rates for Federal -aid participation purposes. Hourly Rates: The developer of the Blue Book accumulates all contractor costs for owning a piece of equipment on an hourly basis. The monthly rate displayed in the rental guide is determined by multiplying the accumulated hourly costs by the monthly standard of 176 hours. Therefore, for periods of equipment use less than the standard 176 hours per month, Federal -aid participation shall be limited to the hourly rate obtained by dividing the monthly rate by 176. Premium rates contained in the rate guides shall not be used. Standby Equipment Rates: The contractor continues to incur certain ownership costs when equipment is required to be on standby The use of a standby rate is appropriate when equipment has been ordered to be available for force account work but is idle for reasons that are not the fault of the contractor. While an industry standard does not exist for standby rates, it has been the normal practice of the courts to reduce pubhshed ownership rental guide rates by 50 percent for standby rate usage. Therefore, the FHWA will accept 50 percent of the ownership rental rates of an 3-2016 00850-T - 45 of 57 192 approved guide as the standby rate in lieu of a contractor's actual standby costs There should be no operating costs included in the rate used and standby time should not exceed 8 hours per day, 40 hours per week, or the annual usage hours as established by the rate guide. Mobilization: The costs required to mobilize and demobilize equipment not available on the project are eligible for reimbursement. Standby rates should be used for equipment while being hauled to and from the project. This will be in addition to applicable rates for the hauling equipment. All costs associated with the assembly and disassembly of the equipment for transport should also be considered in the mobilization costs. Overhead: Equipment overhead includes such items as insurance property taxes, storage, licenses and record keeping. The Blue Book rates include all equipment overhead costs. Therefore, if a contractor proposes to apply project or home office overhead to a Blue Book rate the LG must assure that it contains no equipment overhead cost factors. TxDOT will determine the reasonableness of such a rate. Profit. There is no provision for equipment rental profit in the Blue Book published rates. Federal regulations do not prohibit the addition of an amount for profit. If an LG has a policy for the payment of profit, it should be followed on Federal -aid contracts. If a profit amount is used, TxDOT will determine reasonableness based on experience. Contractor Leased Equipment: When a contractor obtains equipment through a third party rental agreement for use in a force account situation, the cost will normally be the invoice cost. The invoice cost should be comparable with other rental rates of the area. The Associated Equipment Distributors (AED) Rental Rate and Specifications may be used to evaluate the costs for such equipment rental. Since rental agreements vary, the specific operating costs included in the rental agreement may need to be determined. The contractor may be reimbursed for additional eligible operating costs not covered by the agreement (i.e., fuel, lubrication, field repairs, etc); however, equipment standby time will not be reimbursed. The AED book is not acceptable as a rate guide for contractor owned equipment. The AED rates are based on national averages of rates charged by equipment distributors and do not reflect the contractor's cost of owning and operating the equipment. 3-2016 00850-T - 46 of 57 193 Certification Regarding Lobbying Certification For Contracts, Grants, Loans, And Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Victor Jimenez, Chief Operating Officer Sign&tt rt Authorized Certifying Official Typed Name and Title PULICE CONSTRUCTION, INC. Applicant/Organization NA ask 10-31 to Date Signed 3-2016 00850-T - 47 of 57 194 Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature/ ; orized Certifying Official PULICE CONSTRUCTION, INC. Applicant/Organization Victor Jimenez, Chief Operating Officer Typed Name and Title NVIVAASI�T5, Z016 Date Signed 3-2016 00850-T - 48 of 57 195 Non -Collusion Statement General. The submission of a non -collusion statement protects the integrity of the Federal -aid highway program by serving as a deterrent to bid rigging activities. The certification also becomes evidence in prosecuting cases involving construction contract bid rigging. A non -collusion statement is required from all bidders and is to be submitted as part of the bid proposal package. Failure to submit the required certification will result in the bid being considered as non -responsive and ineligible for award consideration. The LG must include provisions in the bidding proposals that require all bidders to include a non - collusion statement with their bid. The FHWA, in consultation with the U S Depth tinent of Justice (USDOJ), has concluded that the non -collusion statement may be either an unsworn declaration made under penalty of perjury under the laws of the United States, or a sworn affidavit executed and sworn before a person who is authorized to administer oaths by the laws of the State. All non -collusion certifications shall be retained by the LG in accordance with the retention policy of 49 CFR 18.42. These certifications could serve as important evidence in the event that collusion or bid rigging is discovered at a later date. If for any reason, a person feels that fraud has occurred, they should contact the nearest USDOT Office of Inspector General (OIG) office. The OIG maintains a fraud hotline at 1-800-409-9926 or http://oig.state.gov/hotline/. This may be based on a suspicion or actual evidence of fraud.waste and abuse in any project funded by FHWA. 3-2016 00850-T - 49 of 57 196 Official Position NON -COLLUSION STATEMENT "The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this bid in collusion with any other bidder, and that the contents of this bid as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this bid." Vendor Address PULICE CONSTRUCTION, INC. 2033 W. MOUNTAIN VIEW ROAD, PHOENIX, ARIZONA 85021 Phone Number Fax Number 602.944.2241 602 870.3395 Email Address vmjimeneza@pulice.com 1 Bidder (Signature) _ ..) Chie Operating Officer Position with Company Signature of Company Official Authorizing This Bid Victor Jimenez Company Official (Printed Name) Chief Operating Officer 196A AFFIDAVIT THE STATE OF TEXAS OWNER City of Pearland Before me, the undersigned authority, on this day personally appeared Victor Jimenez who being by me duly sworn upon oath says. that he is duly qualified and authorized to make this affidavit for and on behalf of Pulice Construction, Inc. ("Contractor), of and is fully cognizant of the fact herein set out: that Contractor has not, either directly or indirectly, entered into any agreement with OWNER in any collusion: or otherwise taken any action in restraint of free competitive bidding in connection with the contract for the above referenced project. Victor J enez, Chief Operating Officer NAME TITLE S ORN TO AND SUBSCRIBED BEFORE ME by the said V e„ 1 at ti fir) , this add ay of S+ , 20 /6 to certify which witness my hand and seal of office. r' NOTARY'UBLIC in and for pep State of � exas K43iicwn LAIA) Printed Name: My Commission Expires 3 �o/17' a- a? U 1 nrP� RASHAUN LAW Atot.s; ' ;o' Notary Public, State of Texas AI%'"\,• 44-)% Comm. Expires 03-24-2020 141;11� Notary ID 130594668 • 3-2016 00850-T - 50 of 57 97 PAYROLL VERIFICATION INFORMATION 1. Payroll will be verified by a City of Pearland Representative. Certification of payment will be compared with payroll figures upon completion of project. To minimize time in payment of job, the General Contractor can send a certified letter to the effect upon receipt of certification of payment, they will be made available for comparison, and if any discrepancies are found, the necessary adjustments will he made. 2. Submit certified payroll for each week. If no work is being performed, submit a certified payroll weekly stating "No Work Performed this Period". A certified payroll stating "No Work Performed until Further Notice" is not acceptable for this project. 3. Number payrolls consecutively starting with #1 for first month worked. 4. Only one copy of each payroll is required. 5. Include the City of Pearland Contract Purchase Order number and job description on each payroll. Show each employee working on project and his work classification (carpenter, pipe fitter, roofer, etc ). Consult classification and minimum wage schedule in the Prevailing Wage Rate for Engineering Construction in the City of Pearland in Contract Specifications. 7. On payroll, indicate if fringe benefits (as shown on the City of Pearland Wage Scale) are paid to approve plans, funds, or programs; or if they are paid in cash to the employee. (In case of cash payment of fringe benefits, show the base rate + fringe benefits — 5.00/6.75.) 8. Show the number of hours worked in each month and/or week. 9. Indicate gross salary, deductions, net salary, and check number issued. 10. Contractor is to submit payroll sheets for each contract he has with the City of Pearland. 11. Show "Final" on last payroll submitted. 12. General Contractor is responsible for sub -contractors submittal of correct payrolls each week. He can only be assured of this by insisting that subcontractor payrolls be submitted to him not to the City of Pearland. 13. Sub -contractors' payroll to be monitored by prime Contractor in complying to prevailing wage rates. 3-2016 00850-T - 51 of 57 198 Prison Produced Materials General. There are limitations on using materials produced by convict labor in a Federal -aid Highway project. Materials produced after July 1, 1991 by convict labor may only be incorporated in a Federal -aid highway construction project if: • Such materials have been produced by convicts who are on parole, supervised release, or probation from a pnson; or • Such material has been produced in a qualified prison facility (e.g. prison industry, with the amount produced during any 12-month period) for use in Federal -aid projects, not exceeding the amount produced, for such use, during the 12-month period ending July 1, 1987. Texas does not have a qualified pnson facility meeting the requirements of the regulation. 3-2016 00850-T - 52 of 57 199 Railroad Insurance Provision General. Contractors are required to purchase railroad protective liability insurance when work under the contract is located in whole or in part within railroad right-of-way. The insurance is for the benefit of the railroad. The requirement to provide the insurance is located at 23 CFR 646.107. The standards for railroad protective insurance established at 23 CFR 646.109 and 646.111 must be adhered to the extent permitted by the insurance laws of the State. Listed below are the types of coverage required by 23 CFR 646.109: 1. Coverage shall be limited to damage suffered by the railroad on account of occurrences arising out of the work of the contractor on or about the railroad right-of-way, independent of the railroad s general supervision or control, except as noted in § 646.109(b)(4). 2. Coverage shall include: a. Death of or bodily injury to passengers of the railroad and employees of the railroad not covered by State workmen's compensation laws; b. Personal property owned by or in the care, custody or control of the railroads; c. The contractor, or any of his agents or employees who suffer bodily injury or death as the result of acts of the railroad or its agents, regardless of the negligence of the railroad; d. Negligence of only the following classes of railroad employees: (i) Any supervisory employee of the railroad at the job site; (ii) Any employee of the railroad while operating, attached to, or engaged on, work trains or other railroad equipment at the job site which are assigned exclusively to the contractor; or (iii) Any employee of the railroad not within (b)(4) (i) or (ii) who is specifically loaned or assigned to the work of the contractor for prevention of accidents or protection of property the cost of whose services is borne specifically by the contractor or governmental authority. The amounts of coverage required by 23 CFR 646.111 is as follows: 1. The maximum dollar amounts of coverage to be reimbursed from Federal funds with respect to bodily injury, death and property damage is limited to a combined amount of $2 million per occurrence with an aggregate of $6 million applying separately to each annual period except as provided in paragraph (b) of this section. 3-2016 00850-T - 53 of 57 200 2. In cases involving real and demonstrable danger of appreciably higher risks, higher dollar amounts of coverage for which premiums will be reimbursable from Federal funds shall be allowed. These larger amounts will depend on circumstances and shall be written for the individual project in accordance with standard underwriting practices upon approval of TxDOT. 3-2016 00850-T - 54 of 57 201 Texas Department of Transportation Project: County: Letting Date: Contractor: SBE Goal: SBE Monthly Progress Report OA Contract CSJ: District: For Month of: (Mo./Yr.): Contract Amount: SBE Goal Dollars Form SMS.4907 (Rev. 4/2006) (GSD-EPC) Page 1 of 1 Vendor Number Name Sub/Supplier SBE *SBE, HUB, DBE, DH Type of Work * SBE Work Performed $ Amt. Period Pd. this for Amt. Pd. Date to SBE to of Include payments to all certified SBEs, DBEs, HUBs and DBE/HUBs. (Code S=SBE; D DBE; H=HUB; DH=both DBE and HUB.) If using a non-SBE hauling firm that leases from SBE truck owner operators, payments made to each owner - operator must be reported separately. Any changes to the SBE commitments previously approved by the department must be reported to the area engineer. For projects with assigned SBE Goals submission of this report for periods of negative SBE activity is required. This report is required until all SBE subcontracting or material supply activity is completed. I hereby certify that the above is a true and correct statement of the amounts paid to the SBE firms listed above. Signature: Company Official Date: This report must be sent to the area engineer's office within 15 days following the end of the calendar month. The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request, to be informed about the information that is collected about you. Under §§552 021 and 552.023 of the Texas Government Code, you also are entitled to receive and review the information. Under §559.004 of the Government Code, you are also entitled to have us correct information about you that is incorrect 3-2016 00850-T - 55 of 57 202 gfr WW Ocpartmcnl n/ Transpnrlalk nn TxDOT 1560 CERTIFICATE OF INSURANCE Form 1560 (Rev. 07/ 12 ) Previous editions of this form rnay not be user, Page 1of2 Agents should complete the form providing all requested information then either fax or mail this form directly to the address listed on page two of this form. Copies of endorsements listed below are not required as attachments to this certificate. This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not confer any rights or obligations other than the rights and obligations conveyed by the policies referenced on this certificate. The terms of the policies referenced in this certificate control over the terms of the certificate. Insured: Pulice Construction Inc. Street/Mailing Address: City/State/Zip: Phoenix, AZ 85021 Phone Number: ( 6.02 fij944 2033 West Mountain View Rd. 2241 WORKERS' COMPENSATION INSURANCE COVERAGE: Endorsed with a Waiver of Subrogation in favor of TxDOT. Carrier Name: Zurich American Ins. Co. Carrier Phone St (800 ) 987 Q_ 3373 Address: 1400 American Lane city, state, zip: Schaumburg, IL 60196 Type of Insurance Policy Number Effective Date Expiration Date Limits of Liability: Workers' Compensation WC595 373602 12/1/2015 12/1/2016 Not Less Than: Statutory - Texas COMMERCIAL GENERAL LIABILITY INSURANCE: Carrier Name: Zurich American Ins. Co Address: 1400 American Lane Type of Insurance: Policy Number: Effective Date: Carrier Phone #: 1 337 City, State, Zip: Sc aum.urg, IL 60196 Limits of Liability: Expiration Date: Commercial General Liability Insurance GL0008270701 12/1/2015 112/1/2016 � Not Less Than: $ 600,000 each occurrence BUSINESS AUTOMOBILE POLICY: Carrier Name: American Guarantee & Liability Ins Co. Address: 1400 American Lane Type of Insurance: Policy Number: Effective Date: Business Automobile Policy BAP5953641-02 12/1/2015 Carrier Phone #:( 800 I) city, state, zip: Schaumburg, 60196 987 3373 Expiration Date: Limits of Liability: 12/1/2016 Not Less Than• $ 600,000 combined single limit UMBRELLA POLICY (if applicable): Carrier Name: American Guarantee & Liability Ins. Co. Carrier Phone #. (800 11 987 - 3373 Address: 1400 American Lane city, state, Zip: Schaumburg, IL 60196 Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Umbrella Policy SXS525204402 12/1/2015 12/1/2016 $25,000,000 Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. THIS IS TO CERTIFY to the Texas Department of Transportation acting on behalf of the State of Texas that the Insurance policies named are in full force and effect. If this form is sent by facsimile machine (fax), the sender adopts the document received by TxDOT as a duplicate original and adopts the signature produced by the receiving fax machine as the sender's original signature. Agency Name Aon Risk Services Northeast,In ( 516 ) 733 9200 Address C. 900 Stewart Ave Authorized Agent's Phone Number City, State, Zip Code Garden City, NY 11530 10/27/2016 ent Original Signature Date The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request to be informed about the information that we collect about you. Under §§552.021 and 552.023 of the Texas Government Code, you also are entitled to receive and review the information. Under §559.004 of the Govemment Code, you are also entitled to have us correct information about you that is incorrect. Fax completed form to: 512/416-2536 3-2016 00850-T - 56 of 57 203 Form 1500 (Rev 07/12) Page 2of2 NOTES TO AGENTS: Agents must provide all requested information then either fax or mail this form directly to the address listed below. Pre-printed limits are the minimum required; if higher limits are provided by the policy, enter the higher limit amount and strike -through or cross -out the pre-printed limit. To avoid work suspension, an updated insurance form must reach the address listed below one business day prior to the expiration date. Insurance must be in force in order to perform any work. Binder numbers are not acceptable for policy numbers. The certificate of insurance, once on file with the department, is adequate for subsequent department contracts provided adequate coverage is still in effect. Do not refer to specific projects/contracts on this form. List the contractor's legal company name, including the DBA (doing business as) name as the insured. If a staff leasing service is providing insurance to the contractor/client company, list the staff leasing service as the insured and show the contractor/client company in parenthesis. The TxDOT certificate of insurance form is the only acceptable proof of insurance for department contracts. List the contractor's legal company name, including the DBA (doing business as) name as the insured or list both the contractor and staff leasing service as insured when a staff leasing service is providing insurance. Over -stamping and/or over -typing entries on the certificate of insurance are not acceptable if such entries change the provisions of the certificate in any manner. This form may be reproduced. DO NOT COMPLETE THIS FORM UNLESS THE WORKERS' COMPENSATION POLICY IS ENDORSED WITH A WAIVER OF SUBROGATION IN FAVOR OF TXDOT. The SIGNATURE of the agent is required. CERTIFICATE OF INSURANCE REQUIREMENTS: WORKERS' COMPENSATION INSURANCE: The contractor is required to have Workers' Compensation Insurance if the contractor has any employees including relatives. The word STATUTORY, under limits of liability, means that the insurer would pay benefits allowed under the Texas Workers' Compensation Law. GROUP HEALTH or ACCIDENT INSURANCE is not an acceptable substitute for Workers' Compensation. COMMERCIAL GENERAL LIABILITY INSURANCE: MANUFACTURERS' or CONTRACTOR LIABILITY INSURANCE is not an acceptable substitute for Comprehensive General Liability Insurance or Commercial General Liability Insurance. BUSINESS AUTOMOBILE POLICY: If coverages are specified separately, they must be at least these amounts: Bodily Injury Property Damage $500,000 each occurrence $100,000 each occurrence $100,000 for aggregate PRIVATE AUTOMOBILE LIABILITY INSURANCE is not an acceptable substitute for a Business Automobile Policy. MAIL ALL CERTIFICATES TO: Texas Department of Transportation CST —Contract Processing Unit (RA/200 —1st FL) 125E 11 th Street Austin, TX 78701-2483 512/416-2540 (Voice), 512/416-2536 (Fax) Contact/Help 3-2016 00850-T - 57 of 57 204 CITY OF PEARLAND ADDENDUM Section 00900 ADDENDUM NO. 2 Date: August 19, 2016 PROJECT: Construct 4-lane Undivided Fite Road — McLean Road to Veterans Drive; COP Project # TR1202; TxDOT CSJ 0912-31-272 BID NO.: 0716-46 BID DATE• August 23, 2016; 2:00 pm FROM: Steve Byington, P.E. Department Manager, Municipal Services Cobb, Fendley & Associates, Inc. 13430 NW Freeway, Suite 1100 Houston, TX 77040 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. GENERAL: Q- Please confirm that the electrical power lines running parallel to McLean Road will be raised to provide enough clearance for mobilization before the beginning of the project. A- Power Lines — Contractor's means and methods to dictate mobilization around power lines running parallel to McLean Road. Any adjustment to overhead lines shall be the contractor's responsibility, with no separate pay. Will the contractor be allowed to access the site through Centennial Park? If so, can the contractor install an access driveway from the back end of Centennial Park connecting to the extension of Fite Road for initial project mobilization? A- Access to site through Centennial Park — Other construction will be occurring in Centennial Park; therefore, the maintenance driveway on the west side of the park can be used for initial mobihzation on the site only Does the 4" Conc Cl B item include the riprap that goes under the sound wall? From my take off it looks like the quantity under the sound wall is missing. Bid quantity to remain the same as in the Bid Proposal. 00900 - 1 of 3204A CITY OF PEARLAND ADDENDUM Q- The bid items for the traffic signal conduit say Schd 80 PVC but the notes in the plans for the traffic signals say rigid metal conduit. Which one do we use? A- See Notes 32 and 33 of traffic signal sheets. When routing Tray cable to the service enclosure, this conduit will be rigid metal per standard ED (7) — 14 and is subsidiary to Item 628. Unless shown otherwise in standards, all traffic signal conduit will be SCH 80 PVC. CONTRACT DOCUMENTS: Q- Will Owner allow the Bidder to cross out the word "Texas at "... a corporation organized and existing under the laws of the State of Texas", so Bidder can write the state in which their company was incorporated. Or will the Owner provide a revised form with blank space for Bidder to complete accordingly? A- Modified Section 0300 Bid Proposal - Part A. The first paragraph states ` ..a corporation organized and existing under the laws of the State of Texas' in which a blank space has replaced "Texas" so the bidder may insert the state in which their business was incorporated. A - The Debarment Certification does not have a signature block for Bidder to cent/acknowledge. Will Owner provide a revised form with signature block? Section 00210-T, Certifications Acknowledgement: Bidders will be advised after bid opening if there are any formal certification forms that apply to the Debarment Certification, or any other applicable certifications. Signed acknowledgement to Debarment is not required with bid. Child Support Statement: Page 3 — Need "LG Project No." A- Section 00580-T, Child Support: The LG Project Number is TR1202. Bidder can populate form with CSJ and LG Project numbers. Q- Please have Owner confirm that Bidder is not required to submit evidence of insurance with its Bid Package. A- Section 00200A-T, Evidence of Insurance: Bidders are not required to submit evidence of insurance with their bid package, only at time of award. Do the following documents need to be submitted with the electronic bid? - BIDDER CERTIFICATION - BIDDER'S CERTIFICATION OF COMPLL4NCE WITH BUY AMERICAN PROGRAM - DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS A- Documents required with the electronic bid submittal are Items 1-6 in Section 00200A-T, all items requested in Section 0200 — Instructions to Bidders and Document 00456, and Certificate of Compliance with Buy American Program. 00900 - 2 of 3204B CITY OF PEARLAND ADDENDUM SPECIFICATIONS: Q - If the surface preparation will be a separate bid itemfrom rorn the thermoplastic then there also needs to be a bid item for primer since the striping will be on a concrete surface. A- Section 02582, Pavement Markings Clarification: Primer is subsidiary to thermoplastic markings per Technical Specification 02582, Section 3.04.C, and is not its own pay item. The price for all Technical Specification 02582 items should include any primer. Q- Please confirm that common soil is suitable to be used as fill. A- Section 02255, Fill Clarification: Fill shall conform to Technical Specification 02255 with materials meeting the requirements of Technical Specification 02330. END OF ADDENDUM NO. 2 Steve Byington, P.E. Department Manager, Municipal Services 00900 - 3 of 32°4C CITY OF PEARLAND INSTRUCTIONS TO BIDDERS APPENDIX: LGPP BID CHECKLIST Section 00200A-T INSTRUCTIONS TO BIDDERS APPENDIX: LGPP BID CHECKLIST Items checked below represent components, which comprise this Bid Package. If the item is not designated on the left side of the form by the City of Pearland it is not applicable to this Bid. Bidders are asked to review the Package to ensure that all applicable parts have been Included. It is the Bidder's responsibility to be thoroughly familiar with all Bid Requirements and Specifications. Bidder must check the right-hand column when task is completed. Include this form with the Bid Proposal Package. X 1. SECTION 00100 AND 00200 — BID SECURITY This Bid Security in the amount of 5% of the bidder's maximum Bid Proposal price made payable to the City Of Pearland X 2. SECTION 00300 — BID PROPOSAL All items must have a value entered and addendum acknowledged in writing. Failure to do so will cause Bid(s) to be rejected. X 3. SECTION 00850 — NON -COLLUSION STATEMENT AND AFFIDAVIT Bidder must submit with Bid Package. Failure to do so will cause Bid(s) to be rejected X 4. SECTION 00850 — CHILD SUPPORT CERTIFICATION & BUSINESS OWNERSHIP FORM Bidder must submit with Bid Package. Failure to do so will cause Bid(s) to be rejected. X 5. SECTION 00850 — CERTIFICATION REGARDING LOBBYING Bidder must submit with Bid Package. Failure to do so will cause Bid(s) to be rejected. X 6. SECTION 00850 — STATEMENT FOR LOAN GUARANTEES AND INSURANCE Bidder must submit with Bid Package if applicable for the bidder on this project. THE FOLLOWING ITEMS APPLY ONLY TO THE BIDDER WHO WILL BE ISSUED A NOTICE OF INTENT TO AWARD THE PROJECT. SUBMIT WITHIN 10 DAYS AFTER WRITTEN NOTIFICATION OF AWARD: X 7. WORKERS' COMPENSATION Bidder must submit with Bid Package per Attachment 1. X 8. EMPLOYERS' LIABILITY INSURANCE Bidder must submit with Bid Package per Attachment 3 3-2016 00200A-T 1 of 2 204D CITY OF PEARLAND INSTRUCTIONS TO BIDDERS APPENDIX: LGPP BID CHECKLIST X 9. COMMERCIAL GENERAL LIABILITY INSURANCE Bidder must submit with Bid Package per Attachment 3 X 10. BUSINESS AUTOMOBILE LIABILITY INSURANCE Bidder must submit with Bid Package per Attachment 3 X 11. SECTION 00500 — STANDARD FORM OF AGREEMENT This Agreement MUST be signed by an officer or authorized representative prior to the award of Bid. Contract is not binding until countersigned by the City of Pearland City Manager. X 12. SECTION 00610 - PERFORMANCE BOND REQUIREMENTS Performance Bond in the amount of 100% of the contract price. X 13. SECTION 00611 - PAYMENT BOND REQUIREMENTS Payment Bond in the amount of 100% of the contract price. X 14. DBE COMMITMENT If awarded contract, DBE Commitment must be submitted, if applicable. X 15. TxDOT FORM 1560 If awarded contract, Form 1560 must be submitted, if applicable. X 16. SECTION 00850 — DEBARMENT CERTIFICATION Before award of contract, contractor must certify that they are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from covered transactions by any federal depaz tment or agency. X 17. SECTION 00850 — CONTRACTORS ACKNOWLEDGEMENT OF STORMWATER MANAGEMENT PROGRAM Bidder must submit with Bid Package. 3-2016 00200A-T 2 of 2 204E CITY OF PEARLAND BID PROPOSAL Section 00300 BID PROPOSAL Part A Date: Bid of , an individual proprietorship / a corporation organized and existing under the laws of the State of / a partnership consisting of , for the construction of: Construct 4-Lane Undivided Fite Road from McLean Road to Veterans Drive City of Pearland, Texas COP PN: TR1202 BID NO.: 0716-46 (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 Construct 4-Lane Undivided Fite Road from McLean Road to Veterans Drive with all related appurtenances, complete, tested, and operational, in accordance with the Plans and Specifications prepared by the Engineer, Cobb, Fendley & Associcates, 13430 Northwest Freeway, Suite 1100, Houston, TX 77040, Steven Byington, P E , 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, 2°d Floor, City Hall 3519 Liberty Drive, Pearland, Texas 77581. The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial Statement of Bidder, as required by the Instructions to Bidders if requested to do so as a condition of the Bid review. The Bidder binds himself, upon acceptance of his proposal, to execute the Standard Form of Agreement and furnish an acceptable Performance and Payment Bond and Maintenance 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 10-2012 Bidder's Initial's: 00300 - I of 3 204F CITY OF PEARLAND BID PROPOSAL the time stated and for the prices stated in Part B of this proposal along with all required insurance in the required amounts. The undersigned Bidder agrees to commence work within 10 days of the date of a written Notice to Proceed. It is understood that the Work is to be Substantially Complete within two hundred eighty three (283) calendar days after the date of the Notice to Proceed Time for Substantial Completion shall begin on the date established by the Notice to Proceed. The Contractor will pay liquidated damages in the amount(s) specified in Document 00500 — Standard Form of Agreement, in the event the Work is not Substantially Complete within the Contract Time. The undersigned agrees that the amounts bid in this Bid Proposal will not be withdrawn or modified for ninety (90) days following date of Bid Proposal opening, or such longer period 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 and Maintenance Bond, each in the amount of one hundred (100) percent of the Contract Price, along with all required insurance in the stated amounts within ten (10) days of the Notice of Award, the Successful Bidder will forfeit the Bid Security as provided in the Instructions to Bidders. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s). The Bidder acknowledges that the following Addenda have been received. The modifications to the Bidding Documents noted therein have been considered and all costs thereto are included in the Bid Proposal prices. Addendum No.: Date: Addendum No.: Date: Addendum No.: Date: Addendum No.: Date: Bidder hereby represents that the only person or parties interested in this offer as principals are those named. Bidder has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding. Firm Name: By Title: Address: Phone No: ATTEST: (Typed or Printed Name) Signature Date: (Seal, if Bidder is a Corporation) 10-2012 Bidder's Initial's: 00300 - 2 of 3 204G CITY OF PEARLAND BID PROPOSAL END OF SECTION 10-2012 Bidder's Initial's: 00300 - 3 of 3 204H 2014 SPECIFICATIONS 000-002 Special Provision to Item 000 Nondiscrimination Texas Department of Transportation 1. DESCRIPTION • All recipients of federal financial assistance are required to comply with various nondiscrimination laws including Title VI of the Civil Rights Act of 1964, as amended, (Title VI). Title VI forbids discrimination against anyone in the United States on the grounds of race, color, or national origin by any agency receiving federal funds. Texas Department of Transportation, as a recipient of Federal financial assistance, and under Title VI and related statutes, ensures that no person shall on the grounds of race, religion (where the primary objective of the financial assistance is to provide employment per 42 U.S.C. § 2000d-3), color, national origin, sex, age or disability be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any Department programs or activities. 2. DEFINITION OF TERMS Where the term "Contractor" appears in the following six nondiscrimination clauses, the term "Contractor' is understood to include all parties to Contracts or agreements with the Texas Department of Transportation. 3. NONDISCRIMINATION PROVISIONS During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor') agrees as follows: 3.1. Compliance with Regulations. The Contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S Department of Transportation, the Federal Highway Administration, as they may be amended from time to time, which are herein incorporated by reference and made a part of this Contract 3.2. Nondiscrimination. The Contractor, with regard to the work performed by it during the Contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the Contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 3.3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this Contract and the Acts and the Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. 3.4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Federal Highway Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Recipient or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 1-3 07-15 Statewide 205 2014 SPECIFICATIONS 000-002 3.5. Sanctions for Noncompliance. In the event of a Contractor's noncompliance with the Nondiscrimination provisions of this Contract, the Recipient will impose such Contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: ■ withholding payments to the Contractor under the Contract until the Contractor complies, and/or ■ cancelling, terminating or suspending a Contract, in whole or in part. 3.6. Incorporation of Provisions. The Contractor will include the provisions of paragraphs (3.1) through (3.6) in every subcontract including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition the Contractor may request the United States to enter into the litigation to protect the interests of the United States. 4. PERTINENT NONDISCRIMINATION AUTHORITIES: During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "Contractor') agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to: 4.1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. 4.2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.0 § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); 4.3. 4.4. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; 4.5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); 4.6. Airport and Airway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color national origin, or sex); 4.7. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964 The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, subrecipients and Contractors, whether such programs or activities are Federally funded or not); 4.8. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; 4.9. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); 2-3 07-15 Statewide 206 2014 SPECIFICATIONS 000-002 4.10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; 4.11. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); 4.12. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U .S.C. 1681 et seq). 3-3 07-15 Statewide 207 2014 SPECIFICATIONS 000-003 Special Provision to Item 000 Certification of Nondiscrimination in Employment *r® Texas Department of Transportation 1. GENERAL By signing this proposal, the Bidder certifies that he has participated in a previous contract or subcontract subject to the equal opportunity clause, as required by Executive Orders 10925, 11114, or 11246, or if he has not participated in a previous contract of this type, or if he has had previous contract or subcontracts and has not filed, he will file with the Joint Reporting Committee the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Note —The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b)(1)), and must be submitted by Bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10 000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S Department of Labor. 1 09-14 Statewide 208 2014 SPECIFICATIONS 000.004 Special Provision to Item 000 AP' Texas Notice of Requirement for Affirmative Action to Ensure or�ianspontion Equal Employment Opportunity (Executive Order 11246) 1. GENERAL In addition to the affirmative action requirements of the Special Provision titled "Standard Federal Equal Employment Opportunity Construction Contract Specifications' as set forth elsewhere in this proposal, the Bidder's attention is directed to the specific requirements for utilization of minorities and females as set forth below. 2. GOALS 2.1. Goals for minority and female participation are hereby established in accordance with 41 CFR 60-4. 2.2. The goals for minority and female participation expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area are as follows: in Goals each for minority trade, % participation Goals in each for female trade, % participation See Table 1 6.9 2.3. These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area it will apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non -federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 will be based on its implementation of the Standard Federal Equal Employment Opportunity Construction Contract Specifications Special Provision and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and the Contractor must make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority and female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor s goals will be a violation of the Contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 2.4. A Contractor or subcontractor will be considered in compliance with these provisions by participation in the Texas Highway -Heavy Branch, AGC, Statewide Training and Affirmative Action Plan. Provided that each Contractor or subcontractor participating in this plan must individually comply with the equal opportunity clause set forth in 41 CFR 60-1 4 and must make a good faith effort to achieve the goals set forth for each participating trade in the plan in which it has employees The overall good performance of other Contractors and subcontractors toward a goal in an approved plan does not excuse any covered Contractor's or subcontractor's failure to make good faith efforts to achieve the goals contained in these provisions. Contractors or subcontractors participating in the plan must be able to demonstrate their participation and document their compliance with the provisions of this Plan. 3. SUBCONTRACTING The Contractor must provide written notification to the Department within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the Contract resulting from this solicitation pending concurrence of the Department in the award. The notification will list the names, 1 09-14 Statewide 209 2014 SPECIFICATIONS 000-004 address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the Contract is to be performed. 4. COVERED AREA As used in this special provision and in the Contract resulting from this solicitation the geographical area covered by these goals for female participation is the State of Texas The geographical area covered by these goals for other minorities are the counties in the State of Texas as indicated in Table 1. 5. REPORTS The Contractor is hereby notified that he may be subject to the Office of Federal Contract Compliance Programs (OFCCP) reporting and record keeping requirements as provided for under Executive Order 11246 as amended OFCCP will provide direct notice to the Contractor as to the specific reporting requirements that he will be expected to fulfill. Table 1 Goals for Minor tv Participation County Participation, % County Participation, 27.4 % Anderson 22.5 Chambers Andrews 18.9 Cherokee 22,5 Angelina 22.5 Childress 11.0 Aransas 44,2 Clay 12.4 Archer 11,0 Cochran 19.5 Armstrong 11.0 Coke 20.0 Atascosa 49,4 Coleman 10.9 Austin 27.4 Collin 18.2 Bailey 19.5 Collingsworth 11.0 Bandera 49.4 Colorado 27.4 Bastrop 24.2 Comal 47.8 Baylor 11.0 Comanche 10.9 Bee 44,2 Concho 20.0 Bell 16.4 Cooke 17.2 Bexar 47.8 Coryell 16.4 Blanco 24.2 Cottle 11.0 Borden 19.5 Crane 18.9 Bosque 18.6 Crockett 20.0 Bowie 19.7 Crosby 19.5 Brazoria 27.3 Culberson 49.0 Brazos 23.7 Dallam 11.0 Brewster 49,0 Dallas 18.2 Briscoe 11.0 Dawson 19.5 Brooks 44.2 Deaf Smith 11.0 Brown 10.9 Delta 17.2 Burleson Denton 18.2 27.4 Burnet 24.2 DeWitt 27.4 Caldwell 24.2 Dickens 19.5 Calhoun 27.4 Dimmit 49.4 Callahan 11.6 Donley 11.0 Cameron 71.0 Duval 44.2 Camp 20.2 Eastland 10.9 Carson 11.0 Ector 15.1 Cass 20.2 Edwards 49.4 Castro 11.0 Ellis 18.2 2 09-14 Statewide 210 2014 SPECIFICATIONS 000-004 County Participation, % County Participation, % El Paso 57.8 Kenedy 44.2 Erath 17.2 Kent 10.9 Falls 18.6 Kerr 49.4 Fannin 17.2 Kimble 20 0 Fayette 27.4 King 19.5 Fisher 10.9 Kinney 49.4 Floyd 19.5 Kleberg 44.2 Foard 11.0 Knox 10,9 Fort Bend 27,3 Lamar 20.2 Franklin 17.2 Lamb 19.5 Freestone 18.6 Lampasas 18,6 Frio 49.4 LaSalle 49.4 Gaines 19.5 Lavaca 27.4 Galveston 28.9 Lee 24.2 Garza 19.5 Leon 27.4 Gillespie 49.4 Liberty 27,3 Glasscock 18,9 Limestone 18,6 Goliad 27.4 Lipscomb 11.0 Gonzales 49.4 Live Oak 44.2 Gray 11.0 Llano 24.2 Grayson 9 4 Loving 18.9 Gregg 22.8 Lubbock 19.6 Grimes 27.4 Lynn 19.5 Guadalupe 47.8 Madison 27.4 Hale 19.5 Marion 22.5 Hall 11.0 Martin 18,9 Hamilton 18,6 Mason 20.0 11.0 Matagorda 27,4 Hansford Hardeman 11.0 Maverick 49.4 22.6 McCulloch 20.0 Hardin Harris 27.3 McLennan 20.7 22.8 McMullen 49.4 Harnson Hartley 11.0 Medina 49.4 10.9 Menard 20.0 Haskell Hays 24.1 Midland 19.1 Hemphill 11.0 Milam 18.6 Henderson 22.5 Mills 18.6 Hidalgo 72.8 Mitchell 10.9 Hill 18.6 Montague 17.2 Hockley 19.5 Montgomery 27.3 Hood 18.2 Moore 11.0 Hopkins 17.2 Morris 20.2 Houston 22.5 Motley 19.5 Howard 18.9 Nacogdoches 22.5 Hudspeth 49.0 Navarro 17.2 Hunt 17.2 Newton 22.6 Hutchinson 11.0 Nolan 10.9 Irion 20.0 Nueces 41.7 Jack 17.2 Ochiltree 11.0 Jackson Oldham 11.0 27.4 Jasper 22.6 Orange 22.6 Jeff Davis 49,0 Palo Pinto 17.2 Jefferson 22.6 Panola 22.5 Jim Hogg 49.4 Parker 18.2 Jim Wells 44.2 Parmer 11.0 Johnson 18.2 Pecos 18.9 Jones 11.6 Polk 27.4 Karnes 49.4 Potter 9.3 Kaufman 18.2 Presidio 49.0 Kendall 49.4 Randall 9.3 3 09-14 Statewide 211 2014 SPECIFICATIONS 000-004 County Participation, % County Participation, % Rains 17.2 Reagan 20.0 Real 49.4 Throckmorton 10.9 Red River 20.2 Titus 20,2 Reeves 18.9 Tom Green 19.2 Refugio 44.2 Travis 24.1 Roberts 11.0 Trinity 27.4 Robertson 27.4 Tyler 22.6 Rockwall 18.2 Upshur 22.5 Runnels 20.0 Upton 18.9 Rusk 22.5 Uvalde 49.4 Sabine 22.6 Val Verde 49.4 San Augustine 22.5 Van Zandt 17.2 San Jacinto Victoria 27.4 27.4 San Patricio 41.7 Walker 27.4 San Saba 20.0 Waller 27.3 Schleicher 20.0 Ward 18.9 Scurry 10.9 Washington 27.4 Shackelford 10.9 Webb 87.3 Shelby 22.5 Wharton 27.4 Sherman 11.0 Wheeler 11.0 Smith 23.5 Wichita 12.4 Somervell 17.2 Wilbarger 11.0 Starr 72.9 Willacy 72.9 Stephens 10.9 Williamson 24.1 Sterling 20.0 Wilson 49.4 Stonewall 10.9 Winkler 18.9 Sutton 20.0 Wise 18.2 Swisher 11.0 Wood 22.5 Tarrant 18.2 Yoakum 19.5 Taylor 11.6 Young 11.0 Terrell 20.0 Zapata 49.4 Terry 1 19.5 Zavala 49.4 4 09-14 Statewide 212 2014 SPECIFICATIONS 000-005 Special Provision to Item 000 Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) *° Texas Department of Transportation 1. GENERAL As used in these specifications: ■ "Covered area" means the geographical area described in the solicitation from which this Contract resulted; ■ "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; ■ "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941. ■ "Minority" includes: • Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); • Hispanic (all persons of Mexican, Puerto Rican Cuban, Central or South American or other Spanish Culture or origin, regardless of race) • Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands) and • American Indian or Alaskan Native (all persons having origins in any of the original peoples of North American and maintaining identifiable tribal affiliations through membership and participation or community identification). 1.2. Whenever the Contractor, or any Subcontractor at any tier subcontracts a portion of the work involving any construction trade, it will physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted. 1.3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U. S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) will be in accordance with that plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the equal employment opportunity (EEO) clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 1.4. The Contractor will implement the specific affirmative action standards provided in Section 1.7.1 through Section 1.7.16. of these specifications. The goals set forth in the solicitation from which this Contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction Contractors performing Contracts in geographical areas where they do not have a Federal or federally assisted construction Contract will apply the minority and female goals established for the geographical area where the Contract is being performed Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs office or any Federal procurement contracting officer. The 1 09-14 Statewide 213 2014 SPECIFICATIONS 000-005 Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 1.5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women will excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 1.6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U S Department of Labor. 1.7. The Contractor will take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications will be based upon its effort to achieve maximum results from its actions. The Contractor will document these efforts fully, and will implement affirmative action steps at least as extensive as the following: 1.7.1. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor will specifically ensure that all foremen, superintendents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. 1.7,2. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. 1.7.3. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the - street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this will be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. 1.7.4. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral Process has impeded the Contractor's efforts to meet its obligations 1.7.5. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor will provide notice of these programs to the sources compiled under 7b above 1.7.6. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and Collective bargaining agreement; by publicizing it in the company newspaper annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. 1.7.7. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other 2 09-14 Statewide 214 2014 SPECIFICATIONS 000-005 employment decisions including specific review of these items with on -site supervisory personnel such as Superintendents, General Foremen, etc., before the initiation of construction work at any job site. A written record must be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. 1.7.8. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business 1.7.9. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month before the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor will send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. 1.7.10. Encourage present minority and female employees to recruit other minority persons and women and where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. 1.7.11. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1.7.12. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. 1.7.13. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment -related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. 1.7.14. Ensure that all facilities and company activities are non -segregated except that separate or single -user toilet and necessary changing facilities will be provided to assure privacy between the sexes. 1.7.15. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. 1.7.16. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 1.8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (Section 7.1. through Section 7.16.). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under Section 7.1 through Section 7.16. of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor s and failure of such a group to fulfill an obligation will not be a defense for the Contractor's noncompliance 1.9. A single goal for minorities and a separate single goal for women have been established. The Contractor however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor 3 09-14 Statewide 215 2014 SPECIFICATIONS 000-005 may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 1.10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex or national origin. 1.11. The Contractor will not enter into any Subcontract with any person or firm debarred from Government Contracts pursuant to Executive Order 11246. 1.12. The Contractor will carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties will be in violation of these specifications and Executive Order 11246, as amended. 1.13. The Contractor, in fulfilling its obligations under these specifications, will implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order the implementing regulations or these specifications, the Director will proceed in accordance with 41 CFR 60-4.8. 1.14. The Contractor will designate a responsible official to monitor all employment -related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records must at least include for each employee the name, address, telephone numbers construction trade, union affiliation if any, employee identification number when assigned, social security number, race sex, status (e g,, mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records must be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records 1.15. Nothing herein provided will be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g , those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 1.16. In addition to the reporting requirements set forth elsewhere in this Contract the Contractor and the subcontractors holding subcontracts, not including material suppliers, of $10,000 or more, will submit for every month of July during which work is performed, employment data as contained under Form PR 1391 (Appendix C to 23 CFR, Part 230), and in accordance with the included instructions. 4 09-14 Statewide 216 2014 SPECIFICATIONS 000-006 Special Provision to Item 000 ® On -the -Job Training Program Texas Department of Transportation DESCRIPTION The primary objective of this Special Provision is the training and advancement of minorities, women and economically disadvantaged persons toward journeyworker status. Accordingly, make every effort to enroll minority, women and economically disadvantaged persons to the extent that such persons are available within a reasonable area of recruitment. This training commitment is not intended, and will not be used to discriminate against any applicant for training whether or not he/she is a member of a minority group. 2. TRAINEE ASSIGNMENT Training assignments are based on the past volume of state -let highway construction contracts awarded with the Department. Contractors meeting the selection criteria will be notified of their training assignment at the beginning of the reporting year by the Department's Office of Civil Rights. 3. PROGRAM REQUIREMENTS Fulfill all of the requirements of the On -the -Job Training Program including the maintenance of records and submittal of periodic reports documenting program performance. Trainees will be paid at least 60% of the appropriate minimum journeyworker's rate specified in the Contract for the first half of the training period, 75% for the third quarter, and 90% for the last quarter, respectively 4. REIMBURSEMENT If requested, Contractors may be reimbursed $0.80 per training hour at no additional cost to the Department. Training may occur on this project, all other Department contracts, or local -administered federal -aid projects with concurrence of the local government entity. However, reimbursement for training is not available on projects to the extent that such projects that do not contain federal funds. 5. COMPLIANCE The Contractor will have fulfilled the contractual responsibilities by having provided acceptable training to the number of trainees specified in their goal assignment. Noncompliance may be cause for corrective and appropriate measures pursuant to Article 8.7., 'Abandonment of Work or Default of Contract," which may be used to comply with the sanctions for noncompliance pursuant to 23 CFR Part 230. 1 09-14 Statewide 217 2014 SPECIFICATIONS 000-007 Special Provision to Item 000 Disadvantaged Business Enterprise in Federal Aid Contracts Texas Department of Transportation 1. DESCRIPTION The purpose of this Special Provision is to carry out the U.S. Department of Transportation's (DOT) policy of ensuring nondiscrimination in the award and administration of DOT assisted Contracts and creating a level playing field on which firms owned and controlled by individuals who are determined to be socially and economically disadvantaged can compete fairly for DOT assisted Contracts. If the Disadvantaged Business Enterprise (DBE) goal is greater than zero, Article A, "Disadvantaged Business Enterprise in Federal Aid Contracts", of this Special Provision shall apply to this Contract. If there is no DBE goal Article B, "Race -Neutral DBE Participation," of this Special Provision will apply to this Contract. The percentage goal for DBE participation in the work to be performed under this Contract will be shown on the proposal. 1.1. Article A. Disadvantaged Business Enterprise in Federal Aid Contracts. 1.1.1. Policy It is the policy of the DOT and the Texas Department of Transportation (Department) that DBEs, as defined in 49 CFR Part 26, Subpart A and the Department's DBE Program, shall have the opportunity to participate in the performance of Contracts financed in whole or in part with Federal funds. The DBE requirements of 49 CFR Part 26, and the Department's DBE Program apply to this Contract as follows: 1.1.1.1. The Contractor will solicit DBEs through reasonable and available means, as defined in 49 CFR Part 26, Appendix A and the Departments DBE Program, or show a good faith effort to meet the DBE goal for this Contract. 1.1.1.2. The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate. 1.1.1.3. The requirements of this Special Provision shall be physically included in any subcontract. 1.1.1.4. By signing the Contract proposal, the Bidder is certifying that the DBE goal as stated in the proposal will be met by obtaining commitments from eligible DBEs or that the Bidder will provide acceptable evidence of good faith effort to meet the commitment. The Department will determine the adequacy of a Contractor's efforts to meet the Contract goal, within 10 business days excluding national holidays, from receipt of the information outlined in this Special Provision under Section 1.1.3 , "Contractor's Responsibilities.' If the requirements of Section 1.A 3 are met the conditional situation will be removed and the Contract will be forwarded to the Contractor for execution. 1.1.2. Definitions. 1.1.2.1. "Broker" is an intermediary or middleman that does not take possession of a commodity or act as a regular dealer selling to the public. 1.1.2.2. "Disadvantaged Business Enterprise" or "DBE" is defined in the standard specifications, Article 1, Definition of Terms. 1 09-14 Statewide 218 2014 SPECIFICATIONS 000-007 1.1.2.3. "DBE Joint Venture" means an association of a DBE firm and 1 or more other firm(s) to carry out a single business enterprise for profit for which purpose they combine their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the Contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest. 1.1.2.4. "DOT" means the U.S. Department of Transportation, including the Office of the Secretary, the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA), and the Federal Aviation Administration (FM). 1.1.2.5. "Federal Aid Contract" is any Contract between the Department and a Contractor which is paid for in whole or in part with DOT financial assistance. 1.1.2.6. "Good Faith Effort" means efforts to achieve a DBE goal or other requirement of this Special Provision which, by their scope intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement. 1.1.2.7. "Manufacturer" is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications." 1.1.2.8. "Race -conscious" means a measure or program that is focused specifically on assisting only DBEs, including women -owned businesses. 1.1.2.9. "Race -neutral DBE Participation" means any participation by a DBE through customary competitive procurement procedures. 1.1.2.10. "Regular Dealer" is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a regular dealer the firm must be an established, regular business that engages in, as its principal business and under its own name, the purchase and sale or lease of the products in question. A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock if it owns and operates distribution equipment for the products. Any supplementing of regular dealers own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract -by -contract basis. Brokers, packagers manufacturers' representatives, or other persons who arrange or expedite transactions shall not be regarded as a regular dealer. 1.1.2.11. "Texas Unified Certification Program" or "TUCP" provides one -stop shopping to applicants for certification, such that applicants are required to apply only once for a DBE certification that will be honored by all recipients of federal funds in the state. The TUCP by Memorandum of Agreement established six member entities to serve as certifying agents for Texas in specified regions. 1.1.3. Contractor's Responsibilities. These requirements must be satisfied by the Contractor. 1.1.3.1. After conditional award of the Contract the Contractor shall submit a completed Form SMS.4901 'DBE Commitment Agreement', From SMS 4901-T "DBE Trucking Commitment Agreement", or Form SMS.4901- MS "DBE Material & Supplier Commitment Agreement" for each DBE he/she intends to use to satisfy the DBE goal or a good faith effort to explain why the goal could not be reached so as to arrive in the Department's Office of Civil Rights (OCR) in Austin, Texas not later than 5:00 p.m. on the 10th business day, excluding national holidays, after the conditional award of the Contract. When requested, additional time not to exceed 7 business days, excluding national holidays, may be granted based on documentation submitted by the Contractor. 2 09-14 Statewide 219 2014 SPECIFICATIONS 000.007 1.1,3.2. DBE prime Contractors may receive credit toward the DBE goal for work performed by his/her own forces and work subcontracted to DBEs, A DBE prime must make a good faith effort to meet the goals, In the event a DBE prime subcontracts to a non -DBE, that information must be reported on Form SMS.4902. 1.1.3.3. A Contractor who cannot meet the Contract goal, in whole or in part, shall make adequate good faith efforts to obtain DBE participation as so stated and defined in 49 CFR Part 26, Appendix A. The following is a list of the types of action that may be considered as good faith efforts, It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases. ■ Soliciting through all reasonable and available means (e.g. attendance at prebid meetings, advertising, and/or written notices) the interest of all certified DBEs who have the capability to perform the work of the Contract. The solicitation must be done within sufficient time to allow the DBEs to respond to it. Appropriate steps must be taken to follow up initial solicitations to determine, with certainty, if the DBEs are interested. ■ Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out Contract work items into economically feasible units to facilitate DBE participation, even when the Contractor might otherwise prefer to perform the work items with its own forces. ■ Providing interested DBEs with adequate information about the plans, specifications, and requirements of the Contract in a timely manner to assist them in responding to a solicitation. ■ Negotiating in good faith with interested DBEs to make a portion of the work available to DBE subcontractors and suppliers and select those portions of the work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiations includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided regarding the plans and specifications for the work selected for subcontracting and evidence as to why additional agreements could not be reached for DBEs to perform the work. ■ A Bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors and would take a firm price and capabilities as well as Contract goals into consideration However, the fact that there may be some additional cost involved in finding and using DBEs is not in itself sufficient reason for a bidders failure to meet the Contract DBE goal as long as such cost are reasonable. Also, the ability or desire of the Contractor to perform the work of the Contract with its own organization does not relieve the Bidder of the responsibility to make good faith effort Contractors are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. ■ Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The Contractor's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations (for example union vs. non -union employee status) are not legitimate cause for the rejection or non -solicitation of bids and the Contractors efforts to meet the project goal ■ Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or Contractor. ■ Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. ■ Effectively using the services of available minority/women community organizations; minority/women Contractors' groups; local, state, and Federal minority/women business assistance offices; and other organizations as allowed on a case -by -case basis to provide assistance in the recruitment and placement of DBEs. ■ If the Program Manager of the OCR determines that the Contractor has failed to meet the good faith effort requirements, the Contractor will be given an opportunity for reconsideration by the Director of the OCR. 3 09-14 Statewide 220 2014 SPECIFICATIONS 000-007 1.1.3.4. Should the bidder to whom the Contract is conditionally awarded refuse, neglect or fail to meet the DBE goal or comply with good faith effort requirements, the proposal guaranty filed with the bid shall become the property of the state, not as a penalty, but as liquidated damages to the Department. 1.1.3.5. The preceding information shall be submitted directly to the Office of Civil Rights, Texas Department of Transportation, 125 E. 11 th Street, Austin, Texas 78701-2483. 1.1.3.6. 1.1.3.7. The Contractor shall not terminate for convenience a DBE subcontractor named in the commitment submitted under Section 1.A.3.a, of this Special Provision. Before terminating or removing a DBE subcontractor named in the commitment, the Contractor must have a written consent of the Department. The Contractor shall also make a good faith effort to replace a DBE subcontractor that is unable to perform successfully with another DBE, to the extent needed to meet the Contract goal. The Contractor shall submit a completed Form 4901 "DBE Commitment Agreement", From SMS 4901-T 'DBE Trucking Commitment Agreement', or Form SMS.4901-MS "DBE Material & Supplier Commitment Agreement" for the substitute DBE firm(s). Any substitution of DBEs shall be subject to approval by the Department. Before approving the substitution, the Department will request a statement from the DBE concerning it being replaced. 1.1.3.8. The Contractor shall designate a DBE liaison officer who will administer the Contractor's DBE program and who will be responsible for maintenance of records of efforts and contacts made to subcontract with DBEs. 1.1.3.9. Contractors are encouraged to investigate the services offered by banks owned and controlled by disadvantaged individuals and to make use of these banks where feasible. 1.1.4. Eligibility of DBEs. 1.1.4.1. The member entities of the TUCP certify the eligibility of DBEs and DBE joint ventures to perform DBE subcontract work on DOT financially assisted Contracts. 1.1.4.2. 1.1.4.3. The Department maintains the Texas Unified Certification Program DBE Directory containing the names of firms that have been certified to be eligible to participate as DBE's on DOT financially assisted Contracts. This Directory is available from the Department's OCR. An update of the Directory can be found on the Internet at http://www.txdot.gov/apps-cg/tucp/default.htm. Only DBE firms certified at the time commitments are submitted are eligible to be used in the information furnished by the Contractor as required under Section 1.A.3.a. and 3.g. above. For purposes of the DBE goal on this project, DBEs will only be allowed to perform work in the categories of work for which they are certified. 1.1.4.4. Only DBE firms certified at the time of execution of a Contract/subcontract/purchase order, are eligible for DBE goal participation. 1.1.5. 1.1.5.1. Determination of DBE Participation. When a DBE participates in a Contract, only the values of the work actually performed by the DBE, as referenced below, shall be counted by the prime Contractor toward DBE goals: The total amount paid to the DBE for work performed with his/her own forces is counted toward the DBE goal. When a DBE subcontracts part of the work of its Contract to another firm, the value of the subcontracted work may be counted toward DBE goals only if the subcontractor is itself a DBE Work that a DBE subcontracts to a non -DBE firm does not count toward DBE goals. 1.1.5.2. A Contractor may count toward its DBE goal a portion of the total value of the Contract amount paid to a DBE joint venture equal to the distinct, clearly defined portion of the work of the Contract performed by the DBE. 1.1.5.2.1. A Contractor may count toward its DBE goal only expenditures to DBEs that perform a commercially useful function (CUF) in the work of a Contract or purchase order. A DBE is considered to perform a CUF when it is 4 09-14 Statewide 221 2014 SPECIFICATIONS 000-007 responsible for execution of the work of the Contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the Contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. In accordance with 49 CFR Part 26, Appendix A, guidance concerning Good Faith Efforts, Contractors may make efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services. Contractors may not however, negotiate the price of materials or supplies used on the Contract by the DBE, nor may they determine quality and quantity order the materials themselves nor install the materials (where applicable), or pay for the material themselves. Contractors however, may share the quotations they receive from the material supplier with the DBE firm, so that the DBE firm may negotiate a reasonable price with the material supplier In all cases, prime or other non -DBE subcontractor assistance will not be credited toward the DBE goal 1.1.5.2.2. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, Contract, or project through which funds are passed in order to obtain the appearance of DBE participation. Consistent with industry practices and the DOT/Department's DBE program, a DBE subcontractor may enter into second -tier subcontracts amounting up to 70% of their Contract. Work subcontracted to a non -DBE does not count towards DBE goals. If a DBE does not perform or exercise responsibility for at least 30% of the total cost of its Contract with its own work force, or the DBE subcontracts a greater portion of the work of a Contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that the DBE is not performing a CUF 1.1.5.2.3. A DBE trucking firm (including an owner operator who is certified as a DBE is considered to be performing a CUF when the DBE is responsible for the management and supervision of the entire trucking operation on a particular Contract and the DBE itself owns and operates at least 1 fully licensed, insured, and operational truck used on the Contract. 1.1.5.2.3.1. The Contractor receives credit for the total value of the transportation services the DBE provides on a Contract using trucks it owns, insures, and operates using drivers it employs. 1.1.5.2.3.2. 1.1.5.2.3.3. 1.1.5.2.3.4. The DBE may lease trucks from another DBE firm, including an owner operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract. The DBE may also lease trucks from a non -DBE firm including from an owner -operator. The DBE who leases trucks from a non -DBE is entitled to credit for the total value of transportation services provided by non -DBE lessees not to exceed the value of transportation services provided by the DBE -owned trucks on the Contract. Additional participation by non -DBE lessees receive credit only for the fee or commission it receives as result of the lease arrangement A lease must indicate that the DBE has exclusive use of and control over the trucks giving the DBE absolute priority for use of the leased trucks. Leased trucks must display the name and identification number of the DBE. 1.1.5.2.4. When a DBE is presumed not to be performing a CUF the DBE may present evidence to rebut this presumption. 1.1.5.2.5. Project materials or supplies acquired from an affiliate of the prime Contractor can not directly or indirectly (2nd or lower tier subcontractor) be used for DBE goal credit. 1.1.5.3. A Contractor may count toward its DBE goals expenditures for materials and supplies obtained from a DBE manufacturer, provided that the DBE assumes the actual and contractual responsibility for the materials and 5 09-14 Statewide 222 2014 SPECIFICATIONS 000-007 supplies. Count expenditures with DBEs for materials or supplies toward DBE goals as provided in the following: 1.1.5.3.1. If the materials or supplies are obtained from a DBE manufacturer, count 100% of the cost of the materials or supplies toward DBE goals. (Definition of a DBE manufacturer found at 1A.c.(1) of this provision.) For purposes of this Section (1.A.c.(1)), a manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications 1.1.5.3.2. If the materials or supplies are purchased from a DBE regular dealer, count 60% of the cost of the materials or supplies toward DBE goals. For purposes of this Section (1.A.5.c.(2)), a regular dealer is a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business: 1.1.5.3.2.1. To be a regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. 1.1.5.3.2.2. A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating, or maintaining a place of business as provided in the first paragraph under Section 1.A.5.c.(2), if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract -by -contract basis 1.1.5.3.2.3. Packagers brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not regular dealers within the meaning of Section 1.A 5.c.(2). 1.1.5.3.3. With respect to materials or supplies purchased from DBE which is neither a manufacturer nor a regular dealer, count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, toward DBE goals, provided you determine the fees to be reasonable and not excessive as compared with fees customarily allowed for similar services. Do not count any portion of the cost of the materials and supplies themselves toward DBE goals. 1.1.5.3.4. Count the entire amount of fees or commissions charged by a DBE firm for providing a bona fide service, such as professional technical consultant or managerial services, or for providing bonds or insurance specifically required for the performance of a DOT -assisted Contract, toward DBE goals, provided you determine the fee to be reasonable and not excessive as compared with fees customarily allowed for similar services. 1.1.5.4. If the Contractor chooses to assist a DBE firm, other than a manufacturing material supplier or regular dealer, and the DBE firm accepts the assistance, the Contractor may act solely as a guarantor by use of a two-party check for payment of materials to be used on the project by the DBE The material supplier must invoice the DBE who will present the invoice to the Contractor. The Contractor may issue a joint check to the DBE and the material supplier and the DBE firm must issue the remittance to the material supplier. No funds shall go directly from the Contractor to the material supplier. The DBE firm may accept or reject this joint checking arrangement The Contractor must obtain approval from the Department before implementing the use of joint check arrangements with the DBE Submit to the Department, Joint Check Approval Form 2178 for requesting approval Provide copies of cancelled joint checks upon request. No DBE goal credit will be allowed for the cost of DBE materials that are paid by the Contractor directly to the material supplier. 6 09-14 Statewide 223 2014 SPECIFICATIONS 000-007 1.1.5.5. No DBE goal credit will be allowed for supplies and equipment the DBE subcontractor leases from the Contractor or its affiliates. 1.1.5.6. No DBE goal credit will be allowed for the period of time determined by the Department that the DBE was not performing a CUF. The denial period of time may occur before or after a determination has been made by the department. In case of the denial of credit for non-performance of a CUF of a DBE, the Contractor will be required to provide a substitute DBE to meet the Contract goal or provide an adequate good faith effort when applicable. 1.1.6. Records and Reports. 1.1.6.1. The Contractor shall submit monthly reports, after work begins, on DBE payments to meet the DBE goal and for DBE or HUB race -neutral participation Report payments made to non -DBE HUBs. The monthly report is to be sent to the Area Engineer. These reports will be due within 15 days after the end of a calendar month. These reports will be required until all DBE subcontracting or material supply activity is completed. Form SMS.4903, 'DBE Progress Report," is to be used for monthly reporting. Form. SMS.4904, 'DBE Final Report,' is to be used as a final summary of DBE payments submitted upon completion of the project. The original final report must be submitted to the OCR and a copy must be submitted to the Area Engineer. These forms may be obtained from the Department or may be reproduced by the Contractor. The Department may verify the amounts being reported as paid to DBEs by requesting copies of cancelled checks paid to DBEs on a random basis. Cancelled checks and invoices should reference the Department's project number 1.1.6.2, DBE subcontractors and/or material suppliers should be identified on the monthly report by Vendor Number, name, and the amount of actual payment made to each during the monthly period. Negative reports are required when no activity has occurred in a monthly period. 1.1.6.3. All such records must be retained for a period of 3 years following completion of the Contract work and shall be available at reasonable times and places for inspection by authorized representatives of the Department or the DOT. Provide copies of subcontracts or agreements and other documentation upon request. 1.1.6.4. Before receiving final payment, the Contractor shall submit Form SMS.4904, "DBE Final Report". If the DBE goal requirement is not met, documentation supporting Good Faith Efforts as outlined in Section 1.A.3.c of this Special Provision, must be submitted with the "DBE Final Report ' 1.1.6.5. Provide a certification of prompt payment in accordance with the Department's prompt payment procedure to certify that all subcontractors and suppliers were paid from the previous months payments and retainage was released for those whose work is complete. Submit the completed form each month and the month following the month when final acceptance occurred at the end of the project. 1.1.7. Compliance of Contractor. To ensure that DBE requirements of this DOT assisted Contract are complied with the Department will monitor the Contractor's efforts to involve DBEs during the performance of this Contract. This will be accomplished by a review of monthly reports submitted to the Area Engineer by the Contractor indicating his progress in achieving the DBE Contract goal, and by compliance reviews conducted on the project site by the Department. The Contractor shall receive credit toward the DBE goal based on actual payments to the DBE subcontractor. The Contractor shall notify the Area Engineer if he/she withholds or reduces payment to any DBE subcontractor. The Contractor shall submit an affidavit detailing the DBE subcontract payments before receiving final payment for the Contract Contractors' requests for substitutions of DBE subcontractors shall be accompanied by a detailed explanation which should substantiate the need for a substitution The Contractor may not be allowed to count work on those items being substituted toward the DBE goal before approval of the substitution from the Department. • 7 09-14 Statewide 224 2014 SPECIFICATIONS 000-007 The prime Contractor is prohibited from providing work crews and equipment to DBEs. DBE Goal credit for the DBE subcontractors leasing of equipment or purchasing of supplies from the prime Contractor or its affiliates is not allowed. When a DBE subcontractor named in the commitment under Section 1.A.3.a. of this Special Provision, is terminated or fails to complete its work on the Contract for any reason, the prime Contractor is required to make good faith efforts to find another DBE subcontractor to substitute for the original DBE These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the Contract as the DBE that was terminated, to the extent needed to meet the Contract goal. A Contractor's failure to comply with the requirements of this Special Provision shall constitute a material breach of this Contract. In such a case, the Department reserves the right to terminate the Contract, to deduct the amount of DBE goal not accomplished by DBEs from the money due or to become due the Contractor, or to secure a refund, not as a penalty but as liquidated damages to the Department or such other remedy or remedies as the Department deems appropriate. Forward Form 2371, "DBE Trucking Credit Worksheet," completed by the DBE trucker every month DBE credit is used. 1.2. Article B. Race -Neutral Disadvantaged Business Enterprise Participation It is the policy of the DOT that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 26 Subpart A be given the opportunity to compete fairly for Contracts and subcontracts financed in whole or in part with Federal funds and that a maximum feasible portion of the Department's overall DBE goal be met using race -neutral means. Consequently, if there is no DBE goal, the DBE requirements of 49 CFR Part 26, apply to this Contract as follows: The Contractor will offer DBEs as defined in 49 CFR Part 26, Subpart A, the opportunity to compete fairly for Contracts and subcontractors financed in whole or in part with Federal funds. Race -Neutral DBE and non - DBE HUB participation on projects with no DBE goal shall be reported on Form SMS 4903 'DBE or HUB Progress Report' and submitted to the Area Engineer each month and at project completion. Payments to DBEs reported on Form SMS.4903 are subject to the requirements of Section 1 1.5., 'Determination of DBE Participation." The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate. 8 09-14 Statewide 225 2014 SPECIFICATIONS 000-010 Special Provision to Item 000 Important Notice to Contractors Ar® Texas Department of Transportation By the 20th day of each month, report to the Engineer the number of incidents and injuries that occurred on the project the previous month. Report ■ the total number of incidents and injuries for the Contractor and all subcontractors, and ■ the number of Contractor and subcontractor -related incidents and injuries that involved a third party. An "incident" is defined as any work -related occurrence that caused damage only to vehicles, equipment, materials, etc. An "injury" is defined as an OSHA recordable injury. Acquire an Electronic Project Records System (EPRS) account to report incidents and injuries. Submit an EPRS User Access Request Form (Form 2451) to request an account. This form can be found at http:l/www.txdot.gov/business/resources/doing-businesslprequalification.html. Report injuries and incidents using the EPRS website located at https://apps.dot.state.tx.us/apps/eprs/InjuryIncident/InjryIncdt.aspx. Failure to submit this information to the Engineers by the 20th day of each month will result in the Department taking actions including, but not limited to withholding estimates and suspending the work. This report will not be paid for directly, but will be considered subsidiary to Items of the contract. 1 09-14 Statewide 226 2014 SPECIFICATIONS 000-241 Special Provision 000 Cargo Preference Act Requirements in Federal Aid Contracts Ar® Texas Department of Transportation 1. DESCRIPTION All recipients of federal financial assistance are required to comply with the U.S. Department of Transportation s (DOT) Cargo Preference Act Requirements, 46 CFR Part 381, Use of United States -Flag Vessels. This requirement applies to material or equipment that is acquired specifically for a Federal -aid highway project. It is not applicable to goods or materials that come into inventories independent of a Federal Highway Administration (FHWA) funded contract. When oceanic shipments are necessary for materials or equipment acquired for a specific Federal -aid construction project, the contractor agrees to: Utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers dry cargo liners, and tankers) involved whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. ■ Furnish a legible copy of a rated, on -board commercial ocean bill -of -lading in English for each shipment of cargo described in paragraph (b) (1) of 46 CFR Part 381 Section 7, "Federal Grant, Guaranty, Loan and Advance of Funds Agreements,' within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, to both the Engineer (through the prime contractor in the case of subcontractor bills -of -lading) and to the Division of National Cargo Office of Market Development, Maritime Administration, Washington, DC 20590. ■ Insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract. 1 -1 03-16 OTU 227 2014 SPECIFICATIONS 003-005 Special Provision to Item 3 Award and Execution of Contract Texas Department of Transportation Item 3, "Award and Execution of Contract" of the Standard Specifications is amended with respect to the clauses cited below. No other clauses or requirements of this Item are waived or changed. Section 4.2., "Bonds," is supplemented by the following: On the Department s form, provide a warranty bond executed by either the manufacturer of the warranted items or the Contractor and a U. S. Treasury listed surety with attached powers of attorney and notification information. The warranty bond will be for the total amount of the items that are warranted and furnished as a guarantee for the protection of the Department for all labor, materials, equipment and other incidentals for the replacement of defective work. The party providing the warranty bond is responsible for meeting the warranty requirements. 04-15 Statewide 228 2014 SPECIFICATIONS 006-001 Special Provision to Item 6 Control of Materials Texas Department of Transportation For this project, Item 6, "Control of Materials,' of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby Article 4., "Sampling, Testing, and Inspection," is supplemented by the following: Meet with the Engineer and choose either the Department or a Department -selected Commercial Lab (CL) for conducting the subset of project -level sampling and testing shown in Table 1, 'Select Guide Schedule Sampling and Testing." Selection may be made on a test by test basis. CLs will meet the testing turnaround times shown (includes test time and time for travel/sampling and reporting) and in all cases issue test reports as soon as possible. If the Contractor chooses a Department -selected CL for any Table 1 sampling and testing: • • • • • • notify the Engineer, District Lab, and the CL of project scheduling that may require CL testing; provide the Engineer, District Lab, and CL at least 24 hours' notice by phone and e-mail; reimburse the Department for CL Table 1 testing using the contract fee schedule for the CL (including mileage and travel/standby time) at the minimum guide schedule testing frequencies* reimburse the Department for CL Table 1 testing above the minimum guide schedule frequencies for retesting when minimum frequency testing results in failures to meet specification limits, agree with the Engineer and CL upon a policy regarding notification for testing services; give any cancellation notice to the Engineer, District Lab, and CL by phone and e-mail; reimburse the Department a $150 cancellation fee to cover technician time and mileage charges for previously scheduled work cancelled without adequate notice, which resulted in mobilization of technician and/or equipment by the CL; and all CL charges will be reimbursed to the Department by a deduction from the Contractor's monthly pay estimate. If the CL does not meet the Table 1 turnaround times, testing charge to the Contractor will be reduced by 50% for the first late day and an additional 5% for each succeeding late day. Approved CL project testing above the minimum testing frequencies in the Guide Schedule of Sampling and Testing, and not as the result of failing tests, will be paid by the Department. Other project -level Guide Schedule sampling and testing not shown on Table 1 will be the responsibility of the Department. 1 09-14 Statewide 229 2014 SPECIFICATIONS 006-001 Table 1 Select Guide Schedule Sampling and Testing (Note 1) TxDOT Test Test Description (Calendar Around Turn- Time days) ;SfL1ASE' Tex-101-E Preparation of Soil and Flexible Base Materials for Testing (included in other tests) Tex-104-E Liquid Limit of Soils (included in 106-E) Tex-105-E Plastic Limit of Soils (included in 106-E) Tex-106-E Calculating the Plasticity Index of Soils 7 Tex-110-E Particle Size Analysis of Soils 6 Tex-113-E Moisture -Density Relationship of Base Materials 7 Tex-114-E Moisture -Density Relationship of Subgrade and Embankment Soil 7 Tex-115-E Field Method for In -Place Density of Soils and Base Materials 2 Tex-116-E Ball Mill Method for the Disintegration of Flexible Base Material 5 Tex-117-E, Part II Triaxial Compression Tests For Disturbed Soils and Base Materials (Part II) 6 wl Tex-113-E Tex-117-E Moisture Base Materials -Density (Part Relationship II) of Base Materials with Triaxial Compression Tests For Disturbed Soils and 10 Tex-140-E Measuring Thickness of Pavement Layer 2 Tex-145-E Determining Sulfate Content in Soils - Colorimetric Method 4 Ht� f (dry, NIIX ASPitkL from ignition oven with known correction factors) (Note 1 2) Tex-200-F Sieve Analysis of Fine and Coarse Aggregate Tex-203 F Sand Equivalent Test 3 wl Tex Tex w/Tex x-2 206 227 F, F, Part F I, (Lab Method Mixtures, Specific Molded of Gravity Compacting Part Density I - of Bulk Bituminous of Specific Test Production Specimens Gravity Mixtures Mixture of of Compacted Bituminous — Texas Bituminous Gyratory) Mixtures with Mixtures, Density with of Compacted Theoretical Bituminous Maximum (Note 1 2) 20 Tex 207 &lor Part F, Part VI I (In Density Mixtures -Place of Air Compacted &lor Voids Part VI of - Roadway Bituminous Bulk Specific Cores) Mixtures, Gravity Part of Compacted I- Bulk Specific Bituminous Gravity Mixtures of Compacted Using the Bituminous Vacuum Method (Note 1 2) Tex 207 F, Part V Density Gauge of Compacted Bituminous Mixtures, Part V- Determining Mat Segregation using a Density -Testing 3 Tex 207 F, Part VII Density Density -Testing of Compacted Gauge Bituminous Mixtures, Part VII - Determining Longitudinal Joint Density using a 4 Tex-212-F Moisture Content of Bituminous Mixtures 3 Tex-217-F Deleterious Material and Decantation Test for Coarse Aggregate 4 Tex-221-F Sampling Aggregate for Bituminous Mixtures, Surface Treatments, and LRA (included in other tests) Tex-222-F Sampling Bituminous Mixtures (included in other tests) Tex-224-F Determination of Flakiness Index 3 Tex-226-F Indirect Tensile Strength Test (production 4 mix) Tex-235-F Determining Draindown Characteristics in Bituminous Materials 3 (Correction Tex 236 Factors) F Asphalt Content from Asphalt Paving Mixtures by the Ignition Method (Determining Correction Factors) 4 Tex-236-F Asphalt Content from Asphalt Paving Mixtures by the Ignition Method (Production Mixture) (Note 1 2) wl Tex wl Tex 241 207 Tex 227 F, F Part F I, (Lab Superpave of Mixtures, Compacted -Molded with Gyratory Density Bituminous Theoretical Compacting of Production Mixtures, Maximum of Specimens Part Specific Mixture I- Part Gravity — of I Superpave - Bituminous Bulk of Specific Bituminous Gyratory) Mixtures Gravity Mixtures (production of Compacted Bituminous with Density (Note 1 2) mixture) Tex-242-F Hamburg Wheel -Tracking Test (production mix, molded samples) 3 Tex-244-F Thermal Profile of Hot Mix Asphalt 1 Tex-246-F Permeability of Water Flow of Hot Mix Asphalt 3 Tex-280-F Flat and Elongated Particles 3 Tex-530-C Effect of Water on Bituminous Paving Mixtures (production mix) 4 2 09-14 Statewide 230 2014 SPECIFICATIONS 006-001 Tex-400-A Sampling Flexible Base, Stone, Gravel, Sand, and Mineral Aggregates 3 Tex-410-A Abrasion of Coarse Aggregate Using the Los Angeles Machine 5 Tex-411-A Soundness of Aggregate by Use of Sodium Sulfate or Magnesium Sulfate 12 Tex-461-A Degradation of Coarse Aggregate by Micro-Deval Abrasion 5 Tex-612-J Acid Insoluble Residue for Fine Aggregate 4 HMA Production Specialis [TxAPA — Level 1-A] ($/hr) HMA Roadway Specialist [TxAPA — Level 1-B] ($/hr) Technician Travel/Standby Time ($/hr) Per Diem ($/day — meals and lodg ng) Mileage Rate ($/mile from closest CL location) Note 1— Turn -Around Time includes test time and time for travellsampling and reporting. Note 2 — These tests require turn around times meeting the governing specifications. Provide test results within the stated turn -around time. CL is allowed one additional day to provide the signed and sealed report. 3 09-14 Statewide 231 2014 SPECIFICATIONS 007-001 Special Provision to Item 7 Legal Relations and Responsibilities Air® Texas Department of Transportation Item 7, "Legal Relations and Responsibilities," of the Standard Specifications is amended with respect to the clauses cited below. No other clauses or requirements of this Item are waived or changed. Section 7.2.6.5, "Training," is supplemented by the following: Coordinate enrollment, pay associated fees, and successfully complete Department -approved Training or Contractor -developed Training. Training is valid for the period prescribed by the provider. If no training period is prescribed by the provider, then training is valid for 3 yrs. from the date of completion. The Engineer may require training at a frequency in lieu of the period prescribed based on the Department's needs. Training and associated fees will not be measured or paid for directly but are considered subsidiary to pertinent Items. 2.6.5.1. Department -approved Training. Department -approved training is listed below. For Section 7.2.6.5.1 4., 'Other Work Zone Personnel", the Contractor may use Contractor -developed Training in lieu of Department - approved Training. 2.6.5.1.1 Contractor Responsible Person and Alternate. Provider Course Title American Traffic Safety Services Association Traffic Control Supervisor National Highway Institutes Design Control, Maintenance and Work Operation Operations Zone of Traffic Work Control Zone for Traffic Texas Engineering Extension Service Work Zone Traffic Control for CRPs University Division of for Texas Enterprise Arlington, Development Traffic Control Supervisor 1. Both classes are required in order to equal the level of training taught in a single class by other providers. 2.6.5.1.2. Flagger Instructor Training. Provider Course Title American Traffic Safety Services Association Flagging Instructor Training Texas Engineering Extension Service Train -the -Trainer Flaggers National Safety Council Flagger Instructor Training University Division of for Enterprise Texas at Arlington, Development Certified Instructor: Qualified Flagger Training 1-3 07-15 Statewide 232 2014 SPECIFICATIONS 007-001 Flagger Training. Provider Course Title Texas Engineering Extension Service Flaggers in the Work Zone National Safety Council Work Zone Flagger (Flagger Novice) University Division of for Enterprise Texas Arlington, Development Flaggers in Work Zones University Division of for Enterprise Texas at Arlington, Development Work Zone Traffic Control & Qualified Flagger Associated Austin Chapter Builders and Contractors, Flagger Training 2.6.5.1.3. Law Enforcement Personnel. Provider Course Title National Highway Institute Safe Personnel and Effective in Work Use of Zones Law Enforcement 2.6.5.1.4. Other Work Zone Personnel. Provider Course Title American Traffic Safety Services Association Traffic Control Technician Texas Engineering Extension Service Work Zone Traffic Control National Highway Institute Maintenance of Traffic for Technicians National Highway Institute Maintenance Zone Traffic Control Training Series: Basics of Work University Division of for Enterprise Texas at Arlington, Development Temporary Traffic Control 2.6.5.2. Contractor developed Training. Develop and deliver Contractor -developed Training meeting the minimum requirements established by the Department. The outline for this training must be submitted to the Engineer for approval at the preconstruction meeting. The CRP or designated alternate may deliver the training in lieu of the Department -approved training. The work performed and materials furnished to develop and deliver the training will not be measured or paid for directly but will be considered subsidiary to pertinent Items 2 6 5 21 Flagger Training Minimum Requirements. A Contractor's certified flagging instructor is permitted to train other flaggers. 2.6.5.2.2 Other Work Zone Personnel Minimum Requirements. Contractor -developed Training must provide information on the use of personnel protection equipment, occupational hazards and health risks, and other pertinent topics related to traffic management. The type and amount of training will depend on the job duties and responsibilities. Develop training applicable to the work being performed. Develop training to include the following topics: ■ The Life You Save May Be Your Own (or other similar company safety moto) ■ Purpose of the Training • It's The Law 2-3 07-15 Statewide 233 2014 SPECIFICATIONS 007-001 • • • To make work zones safer for workers and motorist To understand what is needed for traffic control To save lives including your own ■ Personal and Co -Worker Safety • High Visibility Safety Apparel: Discuss compliant requirements; Inspect regularly for fading and reduced reflective properties; If night operations are required, discuss the additional and appropriate required apparel in addition to special night work risks; If moving operations are underway, discuss appropriate safety measures specific to the situation and traffic control plan. • Blind Areas A blind area is the area around a vehicle or piece of construction equipment not visible to the operators, either by line of sight or indirectly by mirrors. Discuss the "Circle of Safety" around equipment and vehicles; Use of spotters; Maintain eye contact with equipment operators; Use of hand signals. • Runovers and Backovers: Remain alert at all times; Keep a safe distance from traffic; Avoid turning your back to traffic and if you must then use a spotter; Stay behind protective barriers, whenever possible. Note: It is not safe to sit on or lean against a concrete barrier, these barriers can deflect 4+ feet when struck by a vehicle. • Look out for each other, warn co-workers • Be courteous to motorists • Do not run across active roadways • Workers must obey traffic laws and drive courteously while operating vehicles in the work zones. • Workers must be made aware of company distracted driving policies ■ Night Time Operations: Focus should be placed on projects with a nighttime element. ■ Traffic Control Training: Basics of Traffic Control. • • • • • Identify Work Zone Traffic Control Supervisor and other appropriate persons to report issues to when they arise. Work Zone Traffic Control Devices must be in clean and in undamaged condition. If devices have been hit but not damaged put back in their correct place and report to traffic control supervisor. If devices have been damaged, replace with new one and report to traffic control supervisor. If devices are dirty, faded or have missing or damaged reflective tape clean or replace and report to traffic control supervisor. Show examples of non -acceptable device conditions Discussion on various types of traffic control devices to be used and where spacing requirements can be found. Channelizing Devices and Barricades with slanted stripes: Stripes are to slant in the direction you want traffic to stay or move to; Demonstrate this with a device. Traffic Queuing: Workers must be made aware of traffic queuing and the dangers created by it. Workers must be instructed to immediately notify the traffic control supervisor and other supervisory personnel if traffic is queuing beyond advance warning sign and devices or construction limits. Signs: Signs must be straight and not leaning. Report problems to the traffic control supervisor or other as designated for immediate repair. Covered signs must be fully covered. If covers are damaged or out of place, report to traffic control supervisor or other as designated. 3-3 07-15 Statewide 234 2014 SPECIFICATIONS 007-003 Special Provision to Item 7 Legal Relations and Responsibilities • *0 Texas Department of Transportation Item 7, "Legal Relations and Responsibilities" of the Standard Specifications is amended with respect to the clauses cited below. No other clauses or requirements of this Item are waived or changed. Article 7.3., "Laws To Be Observed," is supplemented by the following: By entering into Contract, the Contractor agrees to provide or make available to the Department records, including electronic records related to the Contract for a period of 3 years after the final payment. Failure to provide access to the required documents may result in action by the Department. 09-15 Statewide 235 2014 SPECIFICATIONS 007-004 Special Provision to Item 7 Legal Relations and Responsibilities Texas Department of Transportation Item 7, "Legal Relations and Responsibilities," of the Standard Specifications is amended with respect to the clauses cited below. No other clauses or requirements of this Item are waived or changed. Section 7.7.2., "Texas Pollutant Discharge Elimination System (TPDES) Permits and Storm Water Pollution Prevention Plans (SWP3)," is voided and replaced by the following: 7.2. Texas Pollution Discharge Elimination System (TPDES) Permits and Storm Water Pollution Prevention Plans (SWP3). 7.2.1. Projects with Tess than one acre of soil disturbance including required associated project specific locations (PSL's) per TPDES GP TXR 150000. No posting or filing will be required for soil disturbances within the right of way. Adhere to the requirements of the SWP3. 7.2.2. Projects with one acre but less than five acres of soil disturbance including required associated PSL's per TPDES GP TXR 150000 The Department will be considered a primary operator for Operational Control Over Plans and Specifications as defined in TPDES GP TXR 150000 for construction activity in the right of way. The Department will post a small site notice along with other requirements as defined in TPDES GP TXR 150000 as the entity of having operational control over plans and specifications for work shown on the plans in the right of way. The Contractor will be considered a Primary Operator for Day -to -Day Operational Control as defined in TPDES GP TXR 150000 for construction activity in the right of way. In addition to the Department's actions, the Contractor will post a small site notice along with other requirements as defined in TPDES GP TXR 150000 as the entity of having day-to-day operational control of the work shown on the plans in the right of way. This is in addition to the Contractor being responsible for TPDES GP TXR 150000 requirements for on- right of way and off- right of way PSL's. Adhere to all requirements of the SWP3 as shown on the plans. The Contractor will be responsible for Implement the SWP3 for the project site in accordance with the plans and specifications, TPDES General Permit TXR150000, and as directed. 7.2.3. Projects with 5 acres or more of soil disturbance including required associated PSL's per TPDES GP TXR 150000. The Department will be considered a primary operator for Operational Control Over Plans and Specifications as defined in TPDES GP TXR 150000 for construction activities in the right of way. The Department will post a large site notice, file a notice of intent (N01), notice of change (NOC), if applicable, and a notice of termination (NOT) along with other requirements per TPDES GP TXR 150000 as the entity having operational control over plans and specifications for work shown on the plans in the right of way. The Contractor will be considered a primary operator for Day -to -Day Operational Control as defined in TPDES GP TXR 150000 for construction activities in the right of way. In addition to the Department's actions, the Contractor shall file a NOI, NOC, if applicable, and NOT and post a large site notice along with other requirements as the entity of having day-to-day operational control of the work shown on the plans in the right of way. This is in addition to the Contractor 1-2 10-15 Statewide 236 2014 SPECIFICATIONS 007-004 being responsible for TPDES GP TXR 150000 requirements for on- right of way and off- right of way PSL's. Adhere to all requirements of the SWP3 as shown on the plans. 2-2 10-15 Statewide 237 2014 SPECIFICATIONS 421-002 Special Provision to Item 421 Hydraulic Cement Concrete Ar® Texas Department of Transportation Item 421, "Hydraulic Cement Concrete" of the Standard Specifications is amended with respect to the clauses cited below. No other clauses or requirements of this Item are waived or changed. Article 421.4.2, "Mix Design Proportioning," Table 8 is voided and replaced by the following. Table 8 Concrete Classes Class Concrete of Min Strength11 Design fc (psi) Max w/cm Ratio Coarse Aggregate GradesZ3.4 Cement Types Design Options Mix Mix Exceptions Design Options to General Usages A 3,000 0.60 1-4, 8 I, IP II IS, Illl, IT, IL, V 1, 2, 4, & 7 When content 520 may fly ash. lb./cu. be the does used cementitious yd not , Class instead exceed C of material fly Class ash F Curb, retards, back-up reinforced gutter sidewalks, walls drilled curb anchors, shafts & driveways, gutter, conc. non - B 2,000 0.60 2-7 Riprap, foundations signs traffic and anchors small signal roadside controller C6 3,600 0.45 1-6 I, IS, II, IIII, IP, IP, V 1-8 Dnlled substructure, culverts traffic walls, traffic shafts, culverts, inlets, barrier except manholes, bndge bndge top headwalls, slab railing, of concrete direct wing E 3,000 0.50 2-5 IL, I, IT7, II, IP I/II, V IS, 1-8 When content lb./cu. be ash. the used does yd., cementitious Class instead not exceed C of fly Class ash matenal 520 F may fly Seal concrete F6 Notes 0.45 2-5 I, IS, II, Illl, ITS, IP, V Railroad for bents bridge structures; piers, columns, occasionally or H6 Notes 0.45 3-6 I IP, II, IS, I/II III, V 1-5 Do mass Up may SCMs precast not to be placement 20% when use replaced concrete. Type of Option blended III concrete. with cement 4 cement listed is used in for Precast members concrete, post -tension IT7 S6 4,000 0.45 2-5 I, IS, II, I/II, IP, IP, V 1-8 Bndge traffic slabs, culverts, top approach slabs of slabs direct P Pavement." See Item 360, Concrete 0.50 2-3 III IP, IS, Illl, IT IL, 1-8 When content lb./cu. be ash. the used does yd., cementitious Class instead not exceed C of fly Class ash material 520 F may fly Concrete pavement CO6 4,600 0.40 6 I, IS, II, I/II, IT7, IP, V 1-8 Bridge deck concrete overlay LMC6 4,000 0.40 6-8 Latex -modified concrete overlay SS6 3,600 0.45 4-6 1-8 Ibs Use matenal yd. Limit option of /cu. a the minimum concrete 7. yd. content alkali or less cementitious of loading 658 when lb./cu. to 4.0 using Slurry underwater displacement drilled shafts shafts, 1-3 04-16 Statewide 238 2014 SPECIFICATIONS 421-002 Class Concrete of Strength,' Min Design fc (psi) Max wlcm Ratio Coarse Aggregate GradesZ3,a Cement Types Design Options Mix Mix Exceptions Design Options to General Usages Ks Notes 0.40 Notes IP, III, IS Illl, ITS, III V 1 8 Notes HES Notes 0.45 Notes I, IL, III II, I/II, Mix 700 per apply. design Ib. cubic options of cementitious yard limit do not apply. material does not Concrete pavement pavement, repair concrete „X„ (HPC) 69,10 Note" 0.45 Note" IP,IISI/II IT7IIIV 1-5,&8 Maximum for increased Uptbe2oeslacedof may SCMs Do concrete. Options not for use fly to P Option 1 Option 45%. ash and alendewh replacement 3 4. 8 may for d precast be eement „X (SRC s,s,,oSRC) Note" 0.45 Note" VII, II, ITS IP, V IS, 1-4 & 7 Do Type allowed. Type be maximum Up may SCMs precast Do concrete12. not used to not III I be 20% use -MS and replaced when use concrete. with w/cm Class may Type of Option Options blended Option III of be with C cements 0.40. 7 Fly used 4 for 1-3, cement listed is Ash. used precast where with may a for 1. Design strength must be attained within 56 days. 2. Do not use Grade 1 coarse aggregate except in massive foundations with 4 in. minimum clear spacing between reinforcing steel bars, unless otherwise permitted. Do not use Grade 1 aggregate in drilled shafts. 3. Use Grade 8 aggregate in extruded curbs unless otherwise approved. 4. Other grades of coarse aggregate maybe used in non-structural concrete classes when allowed by the Engineer. 5 For information only. 6. Structural concrete classes. 7 Do not use Type IT cements containing > 5% limestone. 8. As shown on the plans or specified. 9 "X denotes class of concrete shown on the plans or specified. 10. (HPC): High Performance Concrete, (SRC): Sulfate Resistant Concrete. 11. Same as class of concrete shown on the plans. 12. Option 7 will be allowed for precast concrete products included in Items 462, 464, and 465. Article 421.4.2.2, "Aggregates," is supplemented by the following. Use the following equation to determine if the aggregate combination meets the sand equivalency requirement when blending fine aggregate or using an intermediate aggregate: (SE, xFIFE (SE2 xP2)+(SE." xP.a)_80% 100 where: SE = sand equivalency (%) of fine aggregate 1 SE2 = sand equivalency (%) of fine aggregate 2 SEia = sand equivalency (%) of intermediate aggregate passing the 3/8 in. sieve P� = percent by weight of fine aggregate 1 of the fine aggregate blend P2 = percent by weight of fine aggregate 2 of the fine aggregate blend P;a = percent by weight of intermediate aggregate passing the 3/8 in. sieve Article 421.4.2.5, "Slump," the second paragraph is voided and not replaced. 2-3 04-16 Statewide 239 2014 SPECIFICATIONS 421-002 Article 421.4.2.7, "Optimized Aggregate Gradation (OAG) Concrete," the first sentence of the first paragraph is voided and replaced by the following. The gradations requirements in Table 4 and Table 6 do not apply when OAG concrete is specified or used by the Contractor unless otherwise shown on the plans. Article 421.4.6.2, "Delivering Concrete," the fifth paragraph is voided and replaced with the following: Begin the discharge of concrete delivered in truck mixers within the times listed in Table 14. Concrete delivered after these times, and concrete that has not begun to discharge within these times will be rejected. Article 421.4.8.3, "Testing of Fresh Concrete," is voided and replaced with the following: Testing Concrete. The Engineer, unless specified in other Items or shown on the plans, will test the fresh and hardened concrete in accordance with the following methods: • Slump. Tex-415-A • Air Content. Tex 414-A or Tex-416-A • Temperature Tex-422-A • Making and Curing Strength Specimens. Tex-447-A • Compressive Strength. Tex-418-A • Flexural Strength. Tex-448-A • Maturity. Tex-426-A Flexural strength and maturity specimens will not be made unless specified in other items or shown on the plans. Concrete not meeting fresh concrete testing requirements will be rejected. Fresh concrete exhibiting segregation and excessive bleeding will be rejected. Article 421.4.8.3.1. "Job -Control Testing," is voided and not replaced. 3-3 04-16 Statewide 240 2014 SPECIFICATIONS 506-003 Special Provision to Item 506 *° Temporary Erosion, Sedimentation, and Environmental It �P salon Controls Item 506, "Temporary Erosion, Sedimentation, and Environmental Controls," of the Standard Specifications is amended with respect to the clauses cited below. No other clauses or requirements of this Item are waived or changed. Article 506.1., "Description." The second paragraph is voided and replaced by the following. Contractor is considered primary operator to have day-to-day operational control as defined in TPDES GP TXR150000. 1.1. For projects with soil disturbance of less than 1 acre, no submittal to TCEQ will be required but Contractor will follow SWP3. For projects with soil disturbance of 1 acre to less than 5 acres a small site notice will be posted at the site. For projects with soil disturbance of 5 acres or more a notice of intent (N01) is required and a large site notice posted at site. Postings will be in accordance with TPDES GP TXR150000. Postings not associated with project specific locations will be in same location as Department's postings. 1.2. Notice of Intent (N01). Submit a NOI, if applicable,with the TCEQ under the TPDES GP TXR150000 at least 7 days prior to commencement of construction activities at the project site Provide a signed copy to the Engineer and any other MS4 operators at the time of submittal. The Department will submit their NOI prior to contractor submission and will provide a copy for Contractor's use in completing the Contractors NOI form. 1.3. Notice of Change (NOC). Upon concurrence of the Engineer, submit a NOC, if applicable, to the TCEQ within 14 days of discovery of a change or revision to the NOI as required by the TPDES GP TXR150000. Provide a signed copy of the NOC to the Engineer and any other MS4 operators at the time of submittal. 1.4. Notice of Termination (NOT). Upon concurrence of the Engineer, submit a NOT, if applicable, to the TCEQ within 30 days of the Engineer's approval that 70°/a native background vegetative cover is met or equivalent permanent stabilization have been employed in accordance with the TPDES GP TXR 150000. Provide a signed copy of the NOT to the Engineer and any other MS4 operators at the time of submittal. Section 506.3.3., "Training," is supplemented by the following: Training is provided by the Department at no cost to the Contractor and is valid for 3 yr. from the date of completion The Engineer may require the following training at a frequency less than 3 yr. based on environmental needs: ■ "Environmental Management System: Awareness Training for the Contractor" (English and Spanish) (Approximate running time 20 min.), and ■ 'Storm Water Environmental Requirements During Construction" (English and Spanish) (Approximate running time 20 min.) The CRPE, alternate CRPE designated for emergencies, Contractor's superintendent, Contractor and subcontractor lead personnel involved in soil disturbing or SWP3 activities must enroll in and complete the training listed below and provide the certificate of completion to the Engineer before performing soil disturbing or SWP3 activities on the project. Coordinate enrollment as prescribed by the Department and pay associated fees for the following training: ■ "Revegetation During Construction" ■ "Construction General Permit Compliance," and 1-2 10-15 Statewide 241 2014 SPECIFICATIONS 506-003 ■ "Construction Stage Gate Checklist (CSGC)." Training and associated fee will not be measure or paid for directly but are subsidiary to this Item. 2-2 10-15 Statewide 242 2014 SPECIFICATIONS 4006 Special Specification 4006 Sound Walls Ar® loir Texas Department f Transportation 1. DESCRIPTION Furnish the materials for and construct a sound wall as shown on the plans and required by this specification. 2. MATERIALS Use materials conforming to the pertinent requirements of the following Standard Specification Items: Item 420 "Concrete Substructures" Item 421 "Hydraulic Cement Concrete" Item 425 "Precast Prestressed Concrete Structural Members" Item 426 "Post -Tensioning" Item 427 'Surface Finishes For Concrete" Item 440 'Reinforcement for Concrete" Item 441 'Steel Structures" Item 442 'Metal for Structures" Item 445 'Galvanizing" Item 446 'Field Cleaning and Painting Steel" Item 449 'Anchor Bolts" DMS — 4640 "Chemical Admixtures for Concrete" DMS — 6100 "Epoxies and Adhesives" DMS — 6310 "Joint Sealants and Fillers" Unless otherwise shown on the plans, construct sound wall panels of concrete. Concrete or steel sound wall posts are allowed. For precast and cast -in -place components, use Class "F" concrete with fc = 4000 psi minimum. For prestressed components, use Class "H" concrete with fc = 5000 psi minimum. Use Galvinized anchor bolts, nuts and washers. Galvanize or paint exposed steel components with the protection system shown on the plans. Use approved joint fillers, grout, and other incidental materials as shown on the plans. 3. GENERAL 3.1. Options. Furnish any proprietary sound wall system meeting the requirements of this specification and complying with the design criteria shown on the plans. Construct sound wall systems that have drilled shafts with the same spacing, diameter, length and reinforcing steel as shown on the plans. Provide for the use of these systems in accordance with Article 7.3. 3.2. Working Drawings. Prior to fabricating, prepare and submit working drawings and design calculations for the proposed sound wall system for approval. Submit drawings on 11 in. x 17 in size sheets. Submit 7 sets of casting drawings for precast segments and shop drawings for each detail of the plans requiring the use of structural steel, 7 sets of construction drawings and 2 sets of design calculations. Upon completing construction, submit 1 set of reproducible as -built drawings. On casting drawings, include all information necessary for precasting wall elements Ensure casting drawings reflect the shape and dimension of precast components the size, quantity and details of the 1 09-14 Districtwide 243 2014 SPECIFICATIONS 4006 reinforcing steel, the quantity, type, size and details of connection and lifting hardware, the size and location of drain openings, and any necessary additional details. On construction drawings, include a numbered wall component layout reflecting field -verified horizontal and vertical alignment of the wall. Also include on these drawings all information needed to erect the wall, including the proposed drilled shaft elevations and lengths, limits of riprap, the type, details, and construction procedure for connecting the wall to the drilled shafts, details necessary to account for change of grade, existing and proposed utilities, and any necessary additional details. Ensure design calculations include a summary of design parameters used, including material types, strength values, allowable stresses, assumed loads and load combinations. Submit calculations covering the range of heights and loading conditions on the project. Submit only drawings and design calculations bearing the seal of a Professional Engineer who is licensed in the State of Texas. 4. CONSTRUCTION METHODS Construct sound walls conforming to the design and details shown on the plans and to the pertinent requirements of the following Items: Item 424, "Precast Concrete Structural Members (Fabrication)" Item 429, "Concrete Structure Repair" Item 447, "Structural Bolting" Item 448, "Structural Field Welding" Set posts plumb and firm to the line and grade shown on the plans. Do not exceed a horizontal alignment tolerance of 3/4 in from post to post. Do not exceed 1/2 in. per 10 ft. of wall height for the overall vertical tolerance of the wall (plumb from top to bottom). 5. MEASUREMENT Sound walls will be measured by the foot along the alignment of the sound wall. Length will be measured from center to center of posts. 6. PAYMENT The work performed and material furnished in accordance with this Item and measured as provided for under 'Measurement' will be paid for at the unit price bid for "Sound Wall,' of the height specified This price is full compensation for furnishing designing, and installing sound wall materials including anchorage into the drilled shaft; for sound wall preparation, hauling and erection; and for labor, tools, equipment and incidentals. 2 09-14 Districtwide 244 6058 Special Specification 6058 Battery Back -Up System for Signal Cabinets Texas Department of Transportation 1. DESCRIPTION Install a Battery Back -Up System (BBU System) for traffic signals that will provide reliable emergency power in the event of utility power failure or interruption. The system will also function as a power conditioner and/or voltage regulation device. A BBU System consists of inverter/charger, manual bypass switch, power transfer switch or automatic bypass switch, batteries, battery monitoring device, wiring, external cabinet or stand-alone cabinet, concrete pad, all necessary hardware and software, and all associated equipment required to operate in a field environment. The BBU System shall be capable of operating an "LED only" signalized intersection (700W load) for 4 hours of full runtime when utility power is disabled and under ambient temperatures of 25oC. The BBU System shall switch the intersection to flash mode of operation when approximately 40% of battery charge is remaining, via relay contact connection points on the front panel of the unit. The BBU system shall operate the intersection in the flash mode of operation (300W load) for an additional 2 hours. BBU system components shall be rated for a minimum 1400W load capacity. The BBU shall be designed for outdoor applications in accordance with NEMA TS2-2003, Section 2. All components of the BBU system shall be rated to operate under temperature extremes of 34oC to +74oC, 2. DEFINITIONS 2.1. Automatic Bypass Switch. A unit connected between the utility power supply and the inverter/charger which can automatically switch power to the controller cabinet service panel from inverter output power to utility line power. 2.2. Battery Back -Up System (BBU System). The battery back -us system includes, but is not limited to, a manual bypass switch automatic bypass switch or power transfer switch, inverter/charger batteries, battery monitoring device, wiring, external cabinet and all necessary hardware for system operation. 2.3. Battery Back -Up System Software. All software associated with operation, programming and functional requirements of the BBU system. 2.4. Battery Monitoring Device. The device which monitors battery temperatures and charge rate of the batteries used in the BBU system. 2.5. Batteries. Standard 12V batteries wired in series to create a 36VDC to 96VDC voltage storage. 2.6. Boost When enabled, the BBU inverter/charger shall automatically switch into this mode to raise the utility line voltage when it drops below a preset limit. The limit may be user defined or use manufacturer default settings (typically 100V AC). 2.7. Buck. When enabled the unit shall automatically switch into this mode to reduce the utility line voltage when it rises above a preset limit. The limit may be user defined or use manufacturer default settings (typically 135V AC). 2.8. External or Stand -Alone Cabinet. The structure which houses the system components and/or batteries for the BBU System. 1-7 12-14 Statewide 244A 6058 2.9. Inverter/Charger. The unit which converts the DC voltage input into 120 VAC output for the traffic signal cabinet to operate. As a minimum the inverter/charger shall be rated for 1400 watts. 2.10. Inverter Line Voltage. The power supplied from the BBU system to the traffic signal cabinet from the BBU System inverter. 2.11. Manual Bypass. Manual switch that allows user to bypass BBU power to service system equipment. Manual bypass switch switches utility line power directly to cabinet. 2.12. Power Transfer Switch. A unit connected between the utility power supply and the inverter/charger which can automatically switch from utility line power to inverter output power. The power transfer relay may be a separate unit or combined with the manual bypass switch. In the event of battery voltage loss, the power transfer switch will automatically return to utility line power. 2.13. Signal Operation Mode. A signalized intersection generating a 700W load when running in normal operation. 2.14. Signal Flash Mode. A signalized intersection generating a 300W load when running in the flash mode of operation. 2.15. Utility Line Voltage. The 120V AC power supplied to the BBU system. 3. EQUIPMENT Ensure electrical materials and construction methods conform to the current NEC and additional local utility requirements. Furnish battery back-up systems prequalified by the Department. The Traffic Operations Division maintains a Material Producer List (MPL) of prequalified battery back-up systems Ensure all materials and construction methods conform to the details shown on the plans, the requirements of this Item, and the pertinent requirements of the following Items: ■ Item 420, "Concrete Substructures" ■ Item 620, "Electrical Conductors" Provide and install a BBU system that is able to fulfill the following requirements: 3.1. Method of Operation. The BBU system shall operate using one or more of the following methods: 3.1.1. Buck and Boost Method. When the buck and boost functions are enabled they shall set the upper and lower control limit allowable for the utility line voltage. If the utility line voltage fluctuates above or below the buck and boost values, the BBU system shall raise or lower the voltage by approximately 10-15% of the utility line voltage in an attempt to bring the voltage back into the upper and lower control limits Buck and boost shall have preset manufacturer defaults. If the utility line voltage falls above or below the functional capabilities of buck and boost, then the BBU system will transfer power from the utility line voltage to the inverter line voltage. 3.1.2. Stand-by Method. The stand-by method shall set upper and lower control limits for the utility line power. If the utility line voltage falls above or below the upper or lower control limits then the BBU system will transfer power from the utility line voltage to the inverter line voltage. 3.1.3. Continuous Operating Mode Double Conversion Method. The continuous method supplies the cabinet with inverter line voltage at all times. This method requires the disabling of buck and boost functions. 3.2. System Capabilities. The BBU system shall be capable of providing 1400W peak load, with a minimum of 80% inverter efficiency, for at least 10 seconds. 2-7 12-14 Statewide 244B 6058 The BBU system shall be capable of providing 700W signal operation load for a minimum of 4 hours, and then switching to and providing 300W signal flash load for an additional 2 hours minimum, when batteries are fully charged. When the BBU system is running on battery power, the inverter/charger shall be capable of allowing the voltage at which the transition from normal operating load to flash mode occurs (usually 47.5V) to be selected by a user via relay contacts and connection points on the front panel of the inverter/charger. The transfer time allowed from disruption of normal utility line voltage to stabilized inverter line voltage from batteries, shall be less than 65 milliseconds. The same allowable transfer time shall also apply when switching from inverter line voltage to utility line voltage. The BBU system shall bypass utility line voltage whenever the utility line voltage is outside of the manufacturer's default, or a user -programmed voltage range, ±2VAC. When the utility line power has been restored to a normal operating voltage for more than a user defined setting (default 30 seconds), the BBU system shall transfer from inverter line voltage to utility line voltage The BBU system shall be equipped to prevent a malfunction feedback to the cabinet or from feeding back to the utility service. The BBU system shall be compatible with TS1, TS2 and Model 170/2070 controllers and cabinet components for full run-time operation. Unless the plans indicate otherwise, provide a BBU in an external battery cabinet. When indicated by the plans, provide a BBU system that can be shelf -mounted in NEMA TS-1 and TS-2 cabinets, or rack -mounted for Model 170/2070 332 cabinets Provide a manual bypass that is capable of shelf mounting or that can be attached to the side of the signal cabinet Provide interconnect cables that are no less than 10 ft. in length. Relay contact wiring for each set of NO/NC relay contact closure terminals shall be no less than 6 feet long and #18 AWG wire. Use manufacturer recommendations for size of wire for any cables lengths greater than 10 feet. The BBU system shall have lightning surge protection compliant with IEEE/ANSI C,62.41 latest edition and meeting all current UL1449 standards. Lightning surge protection shall be provided to the utility line voltage coming into the inverter/charger. The surge protection device shall be easily accessible and mounted externally from the inverter/charger. The BBU system, including batteries and hardware, shall be easily replaceable and shall not require any special tools for installation. The BBU system shall operate in automatic "fail-safe" mode. Should a breaker trip on the inverter/charger and/or the power transfer switch, the system will automatically operate from utility line power and bypass the BBU system. As stated above, in addition to the inverter/charger, the BBU shall be provided with both an external manual bypass switch and either an external automatic transfer switch or external automatic bypass switch. The BBU system shall be capable of logging up to 100 events. Events shall date- and time -stamp faults with utility line voltage and battery voltages. At the minimum, the BBU system shall log an event when: ■ the utility line voltage falls above or below the upper or lower control limits, ■ the BBU system automatically switches to battery power, and ■ when self -monitoring BBU system components fail. 3.3. Displays, Controls, Diagnostics and Maintenance. The BBU system shall include a front panel display. All applicable programmable functions of the operational methods described in this specification shall be viewable from the front panel display. All events described in Section 3.2, "System Capabilities" shall be viewable from the front panel display. 3-7 12-14 Statewide 244C 6058 The BBU system software shall be programmable from the front panel of the inverter/charger by means of a keyboard or momentary buttons allowing user to step through menu driven software. A 10/100 Ethernet port shall be provided on the front panel of the inverter/charger. A RS232 port shall be provided on the front panel of the inverter/charger. The BBU system software shall be provided for the operational needs of the BBU system. The user/operator shall be able to access all system software via the Ethernet and RS232 ports on the front panel of the inverter/charger. The user shall be able to read logged events and change programmable parameters from the keyboard laptop or local area network via the Ethernet port. System software shall be upgradeable via the RS232 port on the front panel of the inverter/charger. 3.4. Inverter/Charger. The inverter/charger is the unit that provides the voltage regulation; power conditioning of utility line power; convert the DC voltage input into 120 VAC output for the traffic signal cabinet to operate; provides emergency backup power upon loss of utility power and provides for temperature compensated battery charging. As a minimum the inverter/charger shall be rated for 1400 watts. Provide a minimum of 6 sets of normally open (NO) and normally closed (NC) single -pole double -throw dry contact relay closures on the front face of the inverter/charger and labeled so as to identify each contact. The relay closures shall consist a set of NO/NC contact closures that shall be energized whenever the unit switches to battery power (contact shall be labeled or marked as 'On Battery' or equivalent) and a second set of NO/NC contact closures shall be energized whenever the battery approaches 40% remaining capacity (contact shall be labeled or marked as 'Low battery" or equivalent"), which will determine when the unit will switch from normal operation to flash. A third set of NO/NC contact closures shall be energized after a user settable time after the unit switches to battery power The contact may be labeled "Timer. The remaining relays shall be user definable. Operating temperature range for both the inverter/charger and power transfer relay shall be -34°C to +74°C. When battery power is used, the BBU system output voltage shall be between 110VAC and 125VAC, pure sine wave output, < 3% THD, 60Hz ± 3Hz 3.5. Manual Bypass Switch. The manual bypass switch shall be provided as a separate unit external to the inverter/charger unit. The manual bypass switch shall consist of housing, two position switch, terminal blocks, internal wiring, service outlet, circuit breakers and mounting hardware. All components shall be rated at a minimum of 240VAC / 30 amp. Provide the manual bypass switch with # 8 terminal blocks. The manual bypass switch shall be 2 position and allow the user to switch utility line power directly to the cabinet service panel. The switch positions will provide the following functions. In the "Bypass' position the inverter is bypassed, utility power is removed from the BBU and passed directly to the signal power panel. In the "UPS" position the inverter / switch is powered and the signal circuits are supplied by the output of the inverter When the manual bypass switch is in the "Bypass" position the user may replace the automatic bypass switch (or transfer switch) and the inverter/charger without interrupting power to the intersection Provide the manual bypass switch with over current protection (20 Amp circuit breaker). 3.6. Power Transfer Switch. These requirements are for BBU systems provided with a power transfer switch. The power transfer switch will operate such that the inverter/charger input and cabinet power panel are supplied with power from the utility line, in the event that the utility line power is lost or requires conditioning (buck or boost) the power transfer switch will automatically connect the inverter/charger output to the cabinet power panel such that the inverter/charger output provides the power In the event of inverter/charger failure, battery failure, or complete battery discharge, the power transfer shall revert to the NC (de -energized) state, where utility line power is connected to the cabinet service panel. All wire to the power transfer switch from the manual bypass switch, to and from the inverter/ charger and from the manual bypass switch to utility power service shall be sized accordingly with system requirements. 3.7. Automatic Bypass Switch. These requirements are for BBU systems provided with an automatic bypass switch. The automatic bypass switch will operate such that the inverter/charger input is supplied with power 4-7 12-14 Statewide 244D 6058 from the utility line and the cabinet power panel is supplied with power from the output of the inverter/charger. In the event of inverter/charger failure, battery failure, or complete battery discharge, or other loss of power from the output of the inverter/charger, the automatic bypass switch shall revert to the NC (de -energized) state, where utility line power is connected to the cabinet service panel 3.8. Batteries. Provide batteries from the same manufacturer/vendor of the BBU system. Individual batteries shall be 12V type, and shall be easily replaceable and commonly available for purchase by common off -the -shelf equivalent. Batteries shall be sized and rated to operate a 700W load for 4 hours (normal operation) followed by a 300W load for 2 hours (flash operation) for a total of 6 hours. Battery configuration shall consist of 12V batteries arranged for total voltages of 36V, 48V, 60V, 72V, 84V or 96V. Batteries shall be deep -discharge, sealed prismatic lead -calcium based, valve -regulated maintenance -free batteries. Batteries shall operate over a temperature range of -34°C to +74°C. Batteries shall indicate maximum recharge data and recharging cycles, and manufacturer defaults on the inverter/charger shall not allow the recharging process to exceed the batteries maximum values Battery interconnect wiring shall connect to the inverter unit via modular harness with red and black cabling that terminates into a typical power pole style connector Harness shall be equipped with mating power flag style connectors for batteries and a single insulated plug-in style connection to inverter/charger unit. Harness shall allow batteries to be quickly and easily connected in any order and shall be keyed to ensure proper polarity and circuit configuration. A fusible link or device sized accordingly with system requirements and to protect against currents exceeding each battery current rating shall be provided within 3 inches of the negative and positive leads of each battery. Fusible links shall be insulated stranded wire Insulated covers shall be provided at the connection points (post) as to prevent accidental shorting. Battery cables provided to connect battery to battery harness main cable shall be a minimum of 18 in. or long enough to accommodate the battery covers provided with the battery ground box, whichever is longer. Battery harness shall be sized accordingly with system requirements. 3.9. Battery Monitoring System. The BBU system shall use a temperature -compensated battery charging system. The charging system shall compensate over a range of 2.5 — 4.0 mV/°C per cell The temperature sensor shall be used to monitor the temperature and regulate the charge rate of the batteries. Unless required otherwise by the plans the temperature sensor wire shall be as follows: ■ 8 feet long if external side -mounted cabinet is attached to existing controller cabinet. ■ 8 feet long if batteries are housed in traffic signal base used for cabinet foundation and batteries are stored on shelf within base. ■ 8 feet long if stand-alone cabinet is used. Should the temperature sensor fail, the inverter/charger shall not allow the BBU system to overcharge the batteries. The BBU system shall provide an alarm should the temperature sensor fail. Recharge time for the batteries to obtain 80% or more of full battery charge capacity shall not exceed 20 hours at 21°C (70°F). Batteries shall not be charged when battery temperature exceeds 50°C. 5-7 12-14 Statewide 244E 6058 The BBU system shall monitor battery strings within a system and set a fault indicator if battery voltage falls below normal operating voltage 3.10. Battery Housing. Unless plans require otherwise, project an external battery cabinet or stand-alone BBU/battery cabinet as specified below. 3.10.1. External Battery Cabinet. The external cabinet shall be NEMA type 3R all -aluminum with stainless -steel hardware or approved equivalent. The external cabinet shall be designed to attach on the side of a TS2 size 6 base -mount cabinet. The batteries, inverter, transfer switches, manual bypass and all associated hardware shall be housed in the external cabinet. The external cabinet shall be equipped with proper ventilation, electric fan, and air filter in accordance with TS2 standards. External cabinets will be equipped with a door opening to the entire cabinet. The door shall be attached to the cabinet with a full length stainless steel piano hinge or four, two -bolts per leaf, hinges. The door shall be provided with the same latch and lock mechanism as required for standard traffic signal cabinet In addition, a padlock clasp will be provided. When using battery ground boxes, an external cabinet is required for the non -battery components.. 3.10.2. Stand -Alone BBUIBattery Cabinet. When required for installation by the plans a stand-alone cabinet in accordance with the following shall be provided The stand-alone cabinet shall conform to all the specifications of the External BBU/Battery Cabinet except that it will not mount to the controller cabinet. The stand-alone cabinet shall be designed to attach to a concrete pad. 3.11. Concrete Pad. Provide a Class B concrete pad as a foundation for stand-alone cabinets of the size shown in the plans. For external cabinets, extend the controller foundation to provide a class B concrete pad under the external cabinet of the size shown in the plans. 3.12. Documentation. Operation and maintenance manuals shall be provided. The operation manual shall include a block diagram schematic of all system hardware components: The manual shall include instructions for programming and viewing software features. The manual shall include all uploading/downloading (communications protocol) requirements via RS232 or Ethernet port. Board level schematics shall be provided when requested. Battery documentation and replacement information shall be provided. 3.13. Testing. The Department reserves the right to do testing on BBU systems to ensure Quality Assurance on unit before installation and random sampling of units being provided to the State. BBU systems that fail will be taken off the Qualified Products List (QPL). Department QPL testing procedures will check compliance with all the criteria of this specification including the following: ■ Event logging for fault/alarm conditions ■ Demonstrated use of one or more of the operating methods described in Section 3.1., "Method of Operation." ■ Testing of ability to power a 700W load for 4 hours, transfer to flash mode and power a 300W load for 2 additional hours, at an ambient temperature of +25°C. ■ Testing of all components in environmental chamber (temperature ranges from -30°C to +74°C) following NEMA TS2 2003 standards, Section 2. 6-7 12-14 Statewide 244F 6058 3.14. Warranty, Maintenance and Support. Provide a BBU containing a warranty that requires the manufacturer to replace failed BBUs when non operable due to defect in material or workmanship within five years of date of purchase from manufacturer. Supply a BBU with no less than 95% of the manufacturer's warranty remaining on the date that the BBU is installed and begins operating. The replacement BBU must meet requirements of this specification. The Contractor will handle all warranty issues until the date of final acceptance Batteries shall be warranted for full replacement for 5 years. Batteries shall be defined as bad if they are not able to deliver 80% of battery rating. 4. MEASUREMENT This Item will be measured by each BBU system installed. 5. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under 'Measurement" will be paid for at the unit price bid for "BBU System" of the type (type of BBU cabinet) specified. This price is full compensation for furnishing installing, and testing the completed installation, BBU system and associated equipment, mounting hardware, class B concrete pad, software, conduit, conductors; and equipment, labor, tools; and incidentals. 7-7 12-14 Statewide 244G 1.50 TYP .13 DETAIL E SCALE 0.500 -.-6.75-Ea- .13 1.00-5.33 NOTE 5 21 47 1 3 SECTION A -A .25/1.00-4.85 NOTE 5 SEE DETAIL E .13 NOTE 3 .50-2.69 NOTE 2 .13 2.00 TYP NOTE 5 38.00 TYP SECTION C-C 13.50 • / .13 /1.00-7.55 0 24.00 SECTION D-D NOTE 4 37 59 NOTE 1 D D VIEW F SCALE 0.375 16.00 50.48 NOTE 3 REVISIONS REV ECU DESCRIPTION DRAFT CF KI DATE 1 C3782 INITIAL RELEASE TT 9/13 BP 2 20036 CMG SHELF DIMS: 659 WAS 6.75, 2097 WAS 19.63, 3].59 WAS 34.75 TT 2.114 BP SEE VIEW F NOTES: 1. TYPICAL (4) PLACES, ALL SIDES WELDED. 2. TYPICAL (6) PLACES, 5X .50" TACKS 3. TYPICAL (4) PLACES 4. TYPICAL (3) PLACES 5. TYPICAL (2) PLACES The information contained herein is the proprietary property of Brown Traffic Products, Inc., and is disclosed with the understanding it will be retained in confidence and will neither be duplicated nor copied in whole or part nor be used for any purpose other than that for vihich disclosed. BROWN Traffic Products, Inc. MERGING INNOVATIO'l. TECH'.OLOGY 4 SERIICE MATERIAL A. FINISH SEE BOM 'DES ENGR JKA 6113 DWG CHECKED BY BP 8113 DRAWN TT 8/13 TOLERANCES UNLESS OTHER.M$E SPECIFIED X XX=* 00X) XXXX=40020 G A LES=SOS HOLE? =35 0 U'41TS = INCHES 736 FEDERAL ST 6004 CAMERON RD DAVEI'PORT IA 52803 AUSTIN, TX 78754 RHOtE (563) 32343009 FHONE (512) 837 83M VIVNI BROM4TRAFFIC COM SHELL WELD, EL762TX1 SECTION B-B PROE SIZE DAGN D EG23642195 SHEET 1 OF 1 REV 2 2441 WIRE GAUGE SIZE — - 22 - e- 18 — V 16 --3f 14 --a = 12 - 10 —8 8 - - 6 WIRE COLOR B = BLACK GN = GREEN P = PURPLE R = RED W = WHITE Y = YELLOW NO CODE = BLUE COMPONENT -tRCil- = PON-2002 RC NETWORK 100 OHM-0.1 MFD) — = GR-72 DIODE (1200 PIV 1 AMP) CR-193 MOV (150 VRIMS-20 JOULES) ABBREVIATIONS BR = BUS RELAY CB = COMMON BUS CP = CIRCUIT PROTECTOR CR = CONTROL RELAY DB = DIODE BOARD DCG = DC GROUND DR = DUPLEX RECEPTACLE EG = EOUIPMENT GROUND FL = FLASHER FR = FLASH RELAY GFCI = GROUND FAULT INTERRUPT CIRCUIT IB = INTERCONNECT BLOCK LC = LOGIC COMMON LF = LINE FILTER LS = LOAD SWITCH P = PLUG PB = POWER BUS S = SOCKET SG = SAFETY GROUND SP = SURGE PROTECTOR SW = SWITCH TB = TERMINAL BLOCK TS = TERMINAL STRIP U A3W17047-CC1 Lai n O 0 0 PPS08483-001 0 0 0 0 • 00 O 0 9 PPS0849 n n g 001 )( O 0 B GN -�J AA116669-0C1 •GN GND BUS 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F1 I 1/4A 0 AC- BUS REVISIONS REV ECN DESCRIPTION DRAFT DATE CHK 1 03782 INITIAL RELEASE AM 8/13 WH 2 20036 REPLACEDABW16691-0Ot WTHABW17047-0Oi(FAWTHERM HARNESS) RM 3f14 WH ‘o r Ob0 Co. oo (o o)p4 o o GN (O 0) SP W 0 0U0 0 O AC+ 0 AC- GND GN 1 BR 30A 001- The information contained herein is the proprietary property of Brown Traffic Products, Inc., and is disclosed with the understanding it will be retained in confidence and will neither be duplicated nor copied in whole or part nor be used for any purpose other than that for which disclosed. BROWN Traffic Products, Inc. MERGING INNOVATION, TECHNOLOGY & SERVICE MATERIAL & FINISH DES ENGR RM HI13. DING 11TLE CHECKED BY 1111 6H3 DRAV.N RIA 6I13 736 FEDERAL ST. DAVENPORT, IA 52603 PHONE: (563) 323-0009 8004 CAMERON RD. AUSTIN, TX 78751 FHONE: (512) 8374130 WJAV.BROWNTRAFFIC COM BATTERY BACKUP TXDOT MATERIAL TOLERANCES UNLESS FINISH OTHERVMSE SPECIFIED ADDITIONAL XXX ±0010 xxxx= 10010 SIZE DWG No REV ANGLES = 30.5 HOLE 0 = x 005 UNITS A' B:OIES D JBS787 SHEET 1 OF 1 2 244H Project Number: STP 2014 (546) MM County: Brazoria Highway: CS (Fite Rd) GENERAL NOTES: PEARLAND GENERAL NOTES Control: 0912-31-272 1. THE CONTRACTOR SHALL NOT DUMP ANY DIRT OR OTHER MATERIALS ONTO A PROPERTY BEING OUTSIDE OF THE BOUNDARY OF THE PERMITTED PROJECT AND WITHIN THE CITY OF PEARLAND CITY LIMITS WITHOUT A VALID DEVELOPMENT/GRADING PERMIT ISSUED TO THE OFFSI It PROPERTY OWNER BY THE CITY OF PEARLAND ENGINEERING DEPARTMENT IF SUCH DUMPING IS TO OCCUR WITHOUT A VALID PERMIT THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR THE REMOVAL OF ANY DISCARDED DIRT OR OTHER MA 1'ERIALS TO AN APPROVED LOCATION AT THE CONTRACTOR EXPENSE. 2. CONTRACTOR SHALL ADEQUATELY PRO 1'ECT EXISTING STRUCTURES, UTILITIES, TREES, SHRUBS, AND PERMANENT OBJECTS WHICH ARE NOT SCHEDULED TO BE REMOVED AS A PART OF THIS PROJECT. PRIOR TO THE REMOVAL OF ANY TREES A CLEAR AND GRUB PERMIT MUST BE OBTAINED FROM THE URBAN FORESTER 281.652.1983. 3. CONTRACTOR SHALL MAINTAIN ACCESS TO RESIDENTIAL AND COMMERCIAL PROPERTIES ADJACENT TO THE WORK AREA AT ALL TIMES 4.ON ALL PAVEMENT TO BE REMOVED INCLUDING CONCRETE DRIVEWAYS AND SIDEWALKS, THE PAVEMENT SHALL BE SAWCUT TO FULL DEPTH PRIOR TO REMOVAL. 5. ALL WORK WITHIN CITY OF PEARLAND RIGHTS -OF -WAY OR PUBLIC EASEMENTS SHALL BE CONSTRUC IED IN ACCORDANCE WITH THE CITY OF PEARLAND SPECIFICATIONS ACCEP I'ED STANDARDS AND APPROVED DETAILS THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING AND UNDERSTANDING ALL RELEVANT INFORMATION PRIOR TO CONSTRUCTION. 6. CONTRACTOR SHALL CONTACT THE CITY OF PEARLAND CHIEF ENGINEERING INSPECTOR AT 281.851 2314 TO EITHER SCHEDULE OR NOTIFY HIM OF A PREVIOUSLY SCHEDULED PRE -CONSTRUCTION MEETING. THE PRE -CONS IRUCTION MEETING SHALL BE HELD A MINIMUM OF 48 HOURS PRIOR TO THE START OF CONS IRUCTION 7. THE CONTRACTOR IS NOT AUTHORIZED TO OPERA 1'E WATER/SANITARY INFRASTRUCTURE UTILITIES, OWNED OR OPERA 1'ED BY TFIE CITY OF PEARLAND. CONTRACTOR SHALL CONTACT THE CITY OF PEARLAND PUBLIC WORKS DEPARTMENT TO REQUEST CITY OF PEARLAND PUBLIC WORKS AUTHORIZED PERSONNEL TO PERFORM ALL UTILITY OPERATIONS. General Notes Sheet A 245 P roject Number: STP 2014 (546) MM County: Brazoria Highway: CS (Fite Rd) TXDOT GENERAL NO 1ES Control: 0912-31-272 General: Roadway Illumination and Electrical For roadway illumination and electrical items, use materials from pre -qualified producers as shown on the Construction Division (CST) of the Department's material producers list. Check the latest link on the TxDOT website for this list. The category/item is `Roadway Illumination and Electrical Supplies. ' No substitutions will be allowed for materials found on this list. P erform electrical work in conformance with the National Electrical Code (NEC) and Department standard sheets. General: Traffic Signals For traffic signal items, use materials from the Pre -Qualified Producers List (located at http.//www.dot.state.tx.us/GSD/purchasing/supps.htm) and the materials pre -qualified for illumination and electrical items (located at http://ftp.dot.state.tx.us/pub/txdot- info/cmd/mpl/riaes.pdf) as shown on the Department's Material Producers List and the Roadway Illumination and Electrical Supplies List. Check the latest links on the TxDOT website for these lists. No substitutions will be allowed for materials found on these lists. Item 162: Sodding for Erosion Control Item 168: Vegetative Watering Refer to the "Fertilizer, Seed, Sod, Straw, Compost, and Water" standard sheet for material specifications, application rates, and for watering requirements. Item 416: Drilled Shaft Foundations Include the cost for furnishing and installing anchor bolts mounted in the drilled shafts in the unit bid price for the various diameter drilled shafts. The Department may test using ultrasonic methods the anchor bolts for overhead sign supports, light standards, and traffic signal poles after they are installed. Replace faulty anchor bolts as directed. Do not weld the anchor bolts. Item 540: Metal Beam Guard Fence P ainting the timber posts is not required. Use timber posts for galvanized steel metal beam guard fence, except for anchorage at turned down ends. Furnish and install wood blocks between the rail elements and the timber posts as detailed on the plans. These block -outs are subsidiary to this bid Item. The quantity of the metal beam guard fence is subject to change. General Notes Sheet B 246 Project Number: STP 2014 (546) MM County: Brazoria Highway: CS (Fite Rd) Control: 0912-31-272 Provide a mow strip as shown on the plans, at metal beam guard fence locations, including any guardrail end treatments. Galvanize the rail elements supplied for this project by using a Type II Zinc Coating. Item 618: Conduit Item 620: Electrical Conductors Item 628: Electrical Services If the specifications for electrical items require UL-listed products, this means UL-listed or CSA- listed. Item 618: Conduit When backfilling bore pits, ensure that the conduit is not damaged during installation or due to settling backfill material. Compact select backfill in 3 equal lifts to the bottom of the conduit; or if using sand, place it 2 in. above the conduit. Ensure backfill density is equal to that of the existing soil. Prevent matenal from entering the conduit. Construct bore pits a minimum of 5 ft. from the edge of the base or pavement. Close the bore pit holes overnight Unless shown on the plans, install underground conduit a minimum of 24 in. deep. Install the conduit in accordance with the latest National Electrical Code (NEC) and applicable Department standard sheets. Place conduit under driveways or roadways a minimum of 24 in. below the pavement surface. If using casing to place bored conduit, the casing is subsidiary to the conduit. If placing the conduit under existing pavement to reach the service poles, bore the conduit in place and extend it a minimum distance of 5 ft. beyond the edge of shoulder or the back of curb. Remove conductor and conduit to be abandoned to 1 ft. below the ground level. This work is subsidiary to the various bid items. Do not use cast iron junction boxes in concrete traffic barriers and single slope traffic barriers. Use polymer concrete junction boxes in place of the cast iron junction boxes shown on standard sheets C T13I (3), CTBI (4), and SSCB (4). Mount the junction boxes flush (+ 0 in., - 1/2 in.) with the concrete surface of the concrete barrier. Unless otherwise shown on the plans, place conduit runs behind curbs at locations where curbs exist. Use schedule 80 PVC conduit to house conductor runs under paved riprap, roadway, or driveways, unless otherwise shown on the plans. General Notes Sheet C 247 Project Number: STP 2014 (546) MM County: Brazoria Highway: CS (Fite Rd) Control: 0912-31-272 Use Rigid Metal Conduit (RMC) for exposed conduit. Before backfilling conduit trenches, place a detectable underground metalized mylar marking tape above the conduit and concrete encasement. Imprint the marking tape with, ` TxDOT CONDUIT AND FIBER OPTIC CABLE SYSTEM. CALL (713) 802-5909 BEFORE PROCFEDING" every 18 in. Supplying and installing the marking tapes is subsidiary to the various bid items. Conduit elbows and rigid metal extensions required when installing PVC conduit systems are subsidiary to the various bid items. Install a continuous bare or green insulated copper wire No. 8 AWG or larger in every conduit throughout the electrical system in accordance with the Electrical Detail Standard Sheets, and the latest edition of the NEC. Item 620: Electrical Conductors Test each wire of each cable or conductor after installation. Incomplete circuits or damage to the wire or the cable are cause for immediate rejection of the entire cable being tested. Remove and replace the entire cable at no expense to the Department. Also test the replacement cable after installation. When pulling cables or conductors through the conduit, do not exceed the manufacturer's recommended pulling tensions. Lubricate the cables or conductors with a lubricant recommended by the cable manufacturer. For both transformer and shoe -base type illumination poles, provide double -pole breakaway fuse holders as shown on the Department's Construction Division (CST) material producers list. Check the latest link on the Department website for this list. The category is `Roadway Illumination and Electrical Supplies." The fuse holder is shown on the list under Items 610 and 620. Provide 10 Amp time delay fuses. Ensure that circuits test clear of faults, grounds, and open circuits. Split bolt connectors are allowed only for splices on the grounding conductors. For Roadside Flashing Beacon Assemblies (Item 685) and Pedestal Pole Assemblies (Item 687) within the project, provide single -pole breakaway disconnects as shown on the Construction Division (CST) material producers list. Check the latest link on the Department website for this list The category is "Roadway Illumination and Electrical Supplies " The fuse holder is shown on the list under Item 685. For underground (hot) conductors, install a breakaway connector with a dummy fuse (slug). Provide dummy fuse (slug). For grounded (neutral) conductors, install a breakaway connector with a white colored marking and a permanently installed dummy fuse (slug). General Notes Sheet D 248 Project Number: STP 2014 (546) MM County: Brazoria Highway: CS (Fite Rd) Control: 0912-31-272 For electrical licensing and electrical certification requirements for this project, see Item 7 of the Standard Specifications and any applicable special provisions to Item 7. Item 624: Ground Boxes The ground box locations are approximate. Alternate ground box locations may be used as directed, to avoid placing in sidewalks or driveways. Ground metal ground box covers. Bond the ground box cover and ground conductors to a ground rod located in the ground box and to the system ground. Ground the existing metal ground box covers as shown on the latest standard sheet ED (3), III, B, 4 through 6. During construction and until project completion, provide personnel and equipment necessary to remove ground box lids for inspection. Provide this assistance within 24 hours of notification. Construct concrete aprons in accordance with the latest standard sheet ED (3). Make the depth of the concrete apron the same as the depth of the ground box, except for Type 1 and Type 2 ground boxes. For Type 1 or Type 2 ground boxes construct the concrete apron in accordance with details shown on the "Ground Box Details Installations' standard. The requirements included in DMS-11070 and DMS-11071 supersede the requirements of standard sheets ED(3)-03 and ED(13)-03 respectively. Item 628: Electrical Services Verify and coordinate the electrical service location with the engineering section of the appropriate utility district or company. Identify the electrical service pole with an address number assigned by the Utility Service Provider. Provide 2-in numerals visible from the highway. Provide numbers cut out aluminum figures nailed to wood poles or painted figures on steel poles or service cabinets. Item 636: Signs Furnish and install signs shown on the traffic signal "Summary of Traffic Signal Materials" sheet. Fnsure that the legend on these sign panels is in accordance with the latest ` Standard Highway Sign Designs for Texas' manual. Item 644: Small Roadside Sign Assemblies Sign locations shown on the plans are approximate. Before placing them, obtain approval of and then stake the exact locations for these signs. General Notes Sheet E 249 Project Number: STP 2014 (546) MM County: Brazoria Highway: CS (Fite Rd) Control: 0912-31-272 Use the Texas Universal Triangular Slip Base with the concrete foundation for small ground mounted signs, unless otherwise shown in the plans. Remove existing street name signs from existing stop signs and re -install them above the new stop signs. Removing and re -installing existing street name signs is subsidiary to the Item, "Small Roadside Sign Assemblies." When design details are not shown on the plans, provide signs and arrows conforming to the latest "Standard Highway Sign Designs for Texas" manual. Use Type E Super High Specific Intensity (Fluorescent Prismatic) yellow green reflective sheeting background to fabricate school signs (S1-1, S3-1, S4-3, S5-1, W16-2, SW16-9p, and SW 16-7pL(R)). Assume ownership of the removed existing signs. Locations of the relocated signs are approximate Before placing them, obtain approval of and then stake the exact locations for these signs. Replace existing signs that become damaged during relocation at no expense to the Department. Item 680: Highway Traffic Signals Clearly mark or highlight on the shop drawings the items being furnished for this project. Furnish labor, tools, equipment, and materials as shown on the plans and specifications for a complete and operating signal installation. Furnish the type of controller cabinet specified on the plans. Refer to the table shown in the Departmental Material Specifications (DMS-11170, Fully Actuated, Solid -State Traffic Signal Controller Assembly), Section 11170.6.K, Type 4 cabinet, page 25 of 39, regarding the size of the cabinet, back panel configuration, and the size of the load bay. Use the following website to view this specification: http://www.txdot.gov/business/resources/dms.html Complete traffic signal construction work, including correcting discrepancies shown on the Department inspector's "Traffic Signal Installation Inspection Report" before the beginning of the test period. Provide a full-time qualified traffic signal technician responsible for installing, maintaining, or replacing traffic signal devices. Staking in the field is subject to approval. Make adjustments in project construction, if needed, due to conflicts with underground utilities. General Notes Sheet F 250 Project Number: STP 2014 (546) MM County: Brazoria Highway: CS (Fite Rd) Control: 0912-31-272 Do not aim the luminaire arms mounted on traffic signal poles into the intersection. Aim each arm perpendicular to the centerline of the roadway it is intended to cover, to develop the proper illumination pattern for the intersection. Allow the electrical work to be inspected by the City. Complying with the provisions and requirements of the City electrical ordinance is not required Such inspection does not make the City a party to this contract. Provide continuous conductors without splices from signal controller to signal heads. Route the conductors for luminaires to the service enclosure. Splices or attachments to the terminal block in the access compartment of the mast arm pole are not permitted except for the luminaire cable. Abrasions to the conductor insulation caused while pulling cable for the traffic signal system are cause for immediate rejection. Remove and replace the entire damaged cable at no expense to the Department. When pulling cables or conductors through conduit, do not exceed the manufacturer's recommended pulling tensions Lubricate the cables or conductors with a lubricant as recommended by the cable manufacturer. Bond the controller housing, signal poles, conduit, and spans to a minimum No. 6 AWG stranded copper conductor. An equipment grounding conductor is required in every conduit to form a continuous grounding system. Effectively connect the grounding system to ground rods or concrete encased grounding electrodes as indicated in the plans. Wrap signal heads with dark plastic or suitable material to conceal the signal faces from the time of installation until placing into operation. Do not use burlap. Furnish signal heads from the same manufacturer. Use Type C High Specific Intensity grade sheeting for signs mounted under or adjacent to the signal heads. For a steel mast arm or steel strain pole assembly, hold the anchor bolts and conduits rigidly in place with a welded steel template. Leave a minimum of one full diameter thread exposed on each anchor bolt securing a signal pole. Set the anchor bolts for steel strain poles so that two are in compression and two are in tension. Furnish and attach compression type connectors. Install the connectors with a compression mechanical release hand -crimping tool to each individual conductor before making connections to the terminal strips. Furnish solid conductors for traffic signal cable. General Notes Sheet G 251 Project Number: STP 2014 (546) MM County: Brazoria Highway: CS (Fite Rd) Control: 0912-31-272 The Contractor may use ready mix concrete. Apply membrane curing on concrete work in accordance with Section 420.4.10.3, "Membrane Curing." The standard 4.5-in. galvanized pipe type poles, except the breakaway type, are subject only to the Engineer's inspection for their acceptance. Mill test reports or documentation will not be required. Item 682: Vehicle and Pedestrian Signal Heads Install two set screws on vehicle signal head mounting hardware fittings. Furnish black housings for vehicle and pedestrian signals. Ensure the door and visor match the mast arm and pedestrian pole color. Furnish black vehicle signal head back plates. Item 686: Traffic Signal Pole Assemblies (Steel) For a steel mast arm or steel strain pole assembly, hold the anchor bolts and conduits rigidly in place with a welded steel template. Leave a minimum of one full diameter thread exposed on each anchor bolt securing a signal pole. Set the anchor bolts for the steel strain poles so that two. are in compression and two are in tension. Use a Texas Cone Penetrometer reading of 10. The drilled shaft length is from the surface elevation to the bottom of the drilled shaft Provide an additional length of the pole foundation from the surface level to the roadway level, if required for unusual locations Provide the drilled shaft depth regardless of the length of the pole foundation. The pole foundation depth from the surface level to the roadway level is a maximum of 4 ft., or as approved. Locate mast arm pole assemblies a minimum of 4 ft. from the roadway curb or pavement edge. Place steel strain poles at a 10 ft. desirable minimum distance from the roadway curb or pavement edge. After the traffic signal pole assembly is plumb and the nuts are tight, tack -weld each anchor bolt nut in two places to its washer Tack -weld each washer to the base plate in two places. Do not weld components to the bolt. Perform tack -welding in accordance with the Item, "Steel Structures." After tack -welding, repair galvanizing damage on bolts, nuts, and washers in accordance with Section 445.3.5, "Repairs." The Department may test the anchor bolts using ultrasonic methods for traffic signal poles after they are installed. Replace faulty anchor bolts as directed. Do not weld the anchor bolts. General Notes Sheet H 252 Project Number: STP 2014 (546) MM County: Brazoria Highway: CS (Fite Rd) Control: 0912-31-272 Furnish black powder coated traffic signal poles. Apply powder coated finish over the galvanized surface. Prepare galvanized surfaces for powder coating in accordance with the powder coating manufacturer's recommendations. Do not water -quench or chromate -quench galvanized surfaces to be powder coated. After preparing galvanized surfaces, powder coat with a minimum of 2.0 mils dry film thickness (DFT) of urethane powder or triglycidyl isocyanurate (TGIC) polyester powder. Provide powder coat adhesion meeting the 5A or 5B classifications of ASTM D3359. Ensure powder coating is uniform in appearance and free of scratches. Item 687: Pedestal Pole Assemblies Furnish black powder coated traffic signal poles. Apply powder coated finish over the galvanized surface. Prepare galvanized surfaces for powder coating in accordance with the powder coating manufacturer's recommendations. Do not water -quench or chromate -quench galvanized surfaces to be powder coated After preparing galvanized surfaces, powder coat with a minimum of 2.0 mils dry film thickness (DFT) of urethane powder or triglycidyl isocyanurate (TGIC) polyester powder. Provide powder coat adhesion meeting the 5A or 5B classifications of ASTM D3359. Ensure powder coating is uniform in appearance and free of scratches. Furnish and install screw -in anchor foundations in accordance with Special Specification Item, `Screw -In Anchor Type Foundations." The work performed and materials furnished in accordance with this Item are subsidiary to the Item, "Pedestal Pole Assemblies." Item 688: Pedestrian Detectors and Vehicle Loop Detectors Provide pedestrian push buttons a minimum of 2 in. diameter in the smallest dimension. Install a rubber grommet or bushing between the push button assembly and the signal pole to protect the conductors. Provide a black tube loop detector wire as specified in the "International Municipal Signal Association, Inc." (IMSA) Specification No. 51-7, 1997. At intersections where a minimum of 10 ft. spacing between adjacent accessible pedestrian signal units is not possible, provide each accessible pedestrian pushbutton with the following features: a pushbutton locator tone a tactile arrow, a speech walk message for the walking person indication and a speech pushbutton information message. Provide pedestrian push buttons a minimum of 2 in. diameter in the smallest dimension. Install a rubber grommet or bushing between the push button assembly and the signal pole to protect the conductors. General Notes Sheet I 253 Project Number: STP 2014 (546) MM County: Brazoria Highway: CS (Fite Rd) Control: 0912-31-272 Item 6002: Video Imaging Vehicle Detection System Furnish the cable to operate the Video Imaging Vehicle Detection System (VIVDS) in accordance with the manufacturer's recommendations or purchase it from the same manufacturer as the VIVDS equipment. Supply VIVDS equipment that can process up to a maximum of 6 camera inputs per intersection. Additional equipment to accommodate up to 6 camera inputs is subsidiary to the various bid items No extra compensation will be allowed for additional equipment needed to make the VIVDS equipment fully operational under this Item. Supply a laptop computer and a video monitor as described in this Special Specification Item. Detector zone videotaping for this project will not be required. Sp Specification Description Required Not Required State Supplied Items 1 X VIVDS Configuration X Cameras, Connectors and Mounting Hardware VIVDS Processor Unit X Field Setup Computer (1 Required) (Laptop) X Field Setup Video Monitor (1 EA. Controller) X Field Communications Link X 3 Functional Capabilities System Software X 4 Vehicle Detection Detection Zone Video Taping X 5 VIVDS Processor Unit Provide both TS 1 and TS2 Interfaces X 12 Volt/5 Amp Power Supply X 6 Camera Assembly X Camera Interface Panel 7 Field Communications Link Lightning and Transient Surge Suppression Devices X 9 X Temporary Use and Retesting 10 X Operation from Central Control X Telephone Interconnect ISDN Interconnect X 11 X Installation and Training Other items not specifically listed in this table are required. General Notes Sheet J 254 CITY OF PEARLAND SUMMARY OF WORK 05/2008 01100 - 1 of 2 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 approximately 2,500 feet of four lane undivided concrete curb and gutter street on undeveloped, existing Right of Way. Slip form construction is required. Utility construction includes approximately 1,500 feet of large diameter concrete box culvert manholes, inlets and leads. Other work includes intersection signalization, sound wall, sidewalk, street light conduit, metal beam guard fence, slope paving and other ancillary work. 1.03 WORK BY OWNER A 1.04 OWNER FURNISHED PRODUCTS A 1.05 WORK SEQUENCE A Remove items identified in demolition plan, install storm sewer, grade swales, install culverts, regrade ditches as necessary install traffic signal conduit prior to any proposed pavement construction, construct pavement, install traffic signal, install signing and pavement markings. B Contractor to submit project schedule to Engineer & Owner for approval as specified in Section 01300 — Submittals. C Contractor shall coordinate the Work with the Engineer and Owner as specified in Section 01040 Coordination and Meetings. 1.06 FUTURE WORK A CITY OF PEARLAND 05/2008 SUMMARY OF WORK moo- 1of2 255 CITY OF PEARLAND SUMMARY OF WORK 05/2008 01100 - 2 of 2 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. B Contractor shall be responsible for all utilities required for construction. 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 CITY OF PEARLAND 05/2008 SUMMARY OF WORK 01100-2of2 256 GEOTECHNICAL INVESTIGATION FITE ROAD CONSTRUCTION FROM MCLEAN ROAD TO VETERANS DRIVE CITY OF PEARLAND, TEXAS CSJ: 0912-31-272 REPORT NO. 1140197001 Prepared for: COBB, FENDLEY & ASSOCIATES, INC. Submitted by: GEOTEST ENGINEERING INC. TBPE REGISTRATION NO. F-410 Houston, Texas Key Map Nos. 614 J&K 257 SLEOIPLESIP ERrBI ErLR:IkG IN C� 9 Geotechnical Engineers & Materials Testing 5600 Bintliff Drive Mr Brian Castille, P.E. Cobb, Fendley & Associates 1506 E. Broadway, Suite 201 Pearland, Texas 77581 Houston, Texas 77036 Reference: Geotechnical Investigation Fite Road Construction from McLean Road to Veterans Drive City of Pearland, Texas CSJ: 0912-31-272 Dear Mr. Castille: Telephone: (713) 266-0588 Fax: (713) 266-2977 Report No. 1140197001 April 15, 2014 Submitted herein is our final report of the geotechnical investigation performed for the referenced project. This report presents geotechnical recommendations for the design of drilled shaft and driven pile foundations for the traffic signal, pavement subgrade soil information and open cut excavation stability, groundwater control and bedding and backfill criteria for storm sewers. TxDOT WinCore logs were forwarded to you on January 7, 2014. Draft report was submitted to you on February 27, 2014. This final report will supercede the previously submitted e-mails, transmittals and reports for the referenced project. This study was authorized through subcontract for professional services agreement effective September 5, 2013. We appreciate this opportunity to be of service to you on the referenced project. Please call us if you have any questions regarding this report, or if we can be of further assistance. Very truly yours,eameemitEtr? GEOTEST ENGINEERING •: • --� ~ • • a'0 TBPE Registration No. F-410 i .::.... •, , , • : 5//i to ERE e ) Mohan Ballagere, P.E. Vice President ... MOHAN BALLAG '....... d•••••••••••....1'•• ••• -o • 87622 �••4C ENS 0. �9�`110iVAl�� D,a :aeti °jj fsuetpa. / `e f•� p4; cc: _-�o e, to uo-Chi4 Frank" Lin, Pit.? Sr. Vice President MB\FL\ego Copies Submitted: (2+1-pdf) PC381Geotechn'ca1140197001P.DOC 000• taooeaee000e000 9 ICU O'C•Hitt Ng LIV' ' eee •. po0eo+e•rao• oeoa Oo o•Q n << a t.33301 ,nri 1 V ':. van )YR .` l: bV4ViI �i�U° rti.4 "�` cz, to l� J:! st4n Vic-.E. 258 TABLE OF CONTENTS EXECUTIVE SUMMARY 1.0 INTRODUCTION 1.1 General 1.2 Project Description 1.3 Scope of Work 2.0 FIELD EXPLORATION 2.1 General 2.2 Sampling Methods 2.3 Groundwater Observations 2.4 Borehole Completion 2.5 Piezometer Installation 3.0 LABORATORY TESTING 4.0 GENERAL SITE CONDITIONS 4.1 Site Geology 4.2 Subsurface Conditions 4.3 Groundwater Conditions 5.0 GEOTECHNICAL RECOMMENDATIONS 5.1 Traffic Signal Foundation 5.1.1 Recommended Foundation Types 5.1.2 Minimum Embedment Requirement 5.1.3 Axial Capacities of Drilled Shafts and Driven Piles 5.1.4 Group Effects 5.1.5 Settlement 5.1.6 Lateral Capacity 5.2 Storm Sewer 5.2.1 Allowable Bearing Pressures 5.2.2 Lateral Earth Pressure Diagrams 5.2.3 Hydrostatic Uplift Resistance 5.2.4 Excavation Stability 5.2.5 Excavation Dewatering 5.2.6 Bedding and Backfill 5.3 Pavement Subgrade Information 5.3.1 Subgrade Material Properties 5.3.2 Subgrade Stabilization Requirements 5.3.3 Pavement Section Proposed by City of Pearland 6.0 CONSTRUCTION CONSIDERATIONS 6.1 Drilled Shaft Foundation Installation 6.2 Driven Pile Foundation Installation Page 1 3 3 3 5 5 6 6 6 7 8 8 9 10 10 10 10 13 13 13 13 14 14 14 15 16 17 17 17 17 17 18 18 7.0 PROVISIONS 19 259 ILLUSTRATIONS Vicinity Map Plan of Borings Boring Log Profile Symbols and Abbreviations used on Boring Log Profile Skin Friction Design — Drilled Shaft Design (Accumulative Graphs) Skin Friction Design — Driven Pile Design (Accumulative Graphs) Point Bearing Design — Drilled Shaft Design Excavation Support Earth Pressure Lateral Earth Pressure Diagram for Permanent Wall Uplift Pressure and Resistance Stability of Bottom for Braced Cut TABLES Summary of Boring Information Summary of Soil Parameters for LPile Input Geoteclmical Design Parameter Summary — Open -Cut Excavation APPENDIX A Logs of Borings Symbols and Terms Used on Boring Logs Piezometer Installation Report APPENDIX B Summary of Laboratory Test Results Grain Size Distribution Curves Figure 1 2.1 thru 2.5 3 4 5.1 thru 5.5 6.1 thru 6.5 7.1 thru 7.5 8.1 thru 8.3 9.1 thru 9.3 10 11 Table 1 2 3 Figure A-1 thru A-5 A-6 A-7 Figure B-1 thru B-5 B-6 260 APPENDIX B (cont'd) Figure California Bearing Ratio (CBR) of Laboratory — Compacted Soils B-7a thiu B-7c Dry Density versus Laboratory CBR B-7d APPENDIX C Figure WinCore Soil Strength Analysis — Drilled Shaft Design C-1 thru C-5 WinCore Soil Strength Analysis — Piling Design C-6 thru C-10 261 Geotest Engineering, Inc. Fite Road Constructionfrom McLean Road to Veterans Drive; City of Pearland, Texas EXECUTIVE SUMMARY Report No. 1140197001 April 15, 2014 The project calls for the Fite Road Construction from McLean Road to Veterans Drive, approximately 0.47 miles, in Pearland, Texas. The Fite Road will be constructed as a four lane undivided urban roadway with underground drainage. The construction will take place within the alignment of existing right of way to connect to McLean Road and provide for extension of Fite Road to Veterans Drive. The project will also include a traffic signal at Fite Road and McLean Road. Geotest Engineering, Inc. has completed a geotechnical investigation for Cobb, Fendley and Associates, Inc. to explore subsurface conditions for the proposed Fite Road Construction in Pearland, Texas. This study consisted of drilling and continuous sampling five (5) soil borings (B-1 through B-5) to depths ranging from 20 to 35 feet below existing grade, performing laboratory tests on samples recovered from borings, performing engineering analyses and providing geotechnical recommendations for the proposed structures and prepare a geotechnical report. • The subsurface soil conditions predominantly consist of cohesive soils to the explored depths of 20 and 30 feet, except in borings B-1 and B-2 where cohesive soils underlain by or intermittent with cohesionless soils were encountered to the full explored depth of 30 and 35 feet. The cohesive soils consist of soft to hard dark gray gray, brown, yellowish brown and reddish brown clay sandy clay and silty clay. The cohesionless soils consist of slightly compact to compact gray and brown silty sand. • Groundwater was initially encountered at depths of 11 feet to 18 feet below existing grade during drilling in all the borings drilled for this study. The groundwater measured 15 minutes after water was first encountered was at depths of 8 to 12 feet below the existing grade in these borings. The water level measured in Piezometer B-1P was at a depth of 9.6 feet on October 15, 2013. 1 262 Geotest Engineering, Inc. Fite Road Construction from McLean Road to Veterans Drive; City of Pearland, Texas • Report No. 1140197001 April 15, 2014 Recommendations for design of drilled shafts and driven full -displacement piles (i.e. prestressed precast concrete piles), for support of the traffic signal foundation at Fite Road and McLean Road or other structures (if any) are presented in Section 5.0 of this report. • Storm sewer reconnnendations are presented in Section 5.2 of this report. • Pavement subgrade conditions and stabilization requirements for the pavement subgrade including proposed pavement section by City of Pearland are presented in Section 5.3 of this report. • Construction considerations for installation of drilled shaft and driven pile foundations are provided in Section 6.0 of this report. 2 263 Geotest Engineering, Inc. Fite Road Construction from McLean Road to Veterans Drive; City of Pearland, Texas 1.0 INTRODUCTION 1.1 General Report No. 1140197001 April 15, 2014 The project begins from McLean Road to Veterans Drive in Pearland, Texas. Currently, this section is an existing right-of-way only. 1.2 Project Description The project calls for the Fite Road Construction from McLean Road to Veterans Drive in Pearland, Texas. The Fite Road will be constructed as a four lane undivided urban roadway with underground drainage. The construction will take place within the alignment of existing right of way to connect to McLean Road and provide for extension of Fite Road to Veterans Drive. The project will also include a traffic signal at Fite Road and McLean Road. The vicinity map is shown on Figure 1. 1.3 Scope of Work The purposes of this study were to perform a geotechnical investigation and develop geotechnical recommendations for the proposed Fite Road construction, traffic signal at Fite Road and McLean and storm sewer installation. The scope of services consisted of the following: 1) Drill and continuous sample five (5) soil borings to depths ranging from 20 to 35 feet. Texas Cone Penetration (TCP) tests were performed on every 5-foot interval for all borings. 2) Perform laboratory tests on representative soil samples to evaluate the engineering properties of the soils. Perform California Bearing Ratio tests to determine modulus of subgrade reaction in accordance with AASHTO criteria for Rigid Pavement Design. 3 264 Geotest Engineering, Inc. Fite Road Construction from McLean Road to Veterans Drive; City of Pearland Texas Report No. 1140197001 April 15, 2014 3) Perform engineering analyses to develop geotechnical recommendations for the design of the proposed roadway extension. The recommendations as a minimum include the following: • r Develop design axial capacity curves for traffic signal foundation and other structure (if any) including skin friction and point bearing for piling and drilled shaft in accordance with TxDOT Houston District's procedures. Provide geotechnical recommendations pertaining to the storm sewers construction including bedding and backfill criteria (in accordance with TxDOT or available Brazoria County guidelines), trench excavation stability, ground water control and select fill criteria, if required. Provide subgrade stabilization requirement for the proposed pavement section by City of Pearland. 4 265 Geotest Engineering, Inc. Fite Road Construction from McLean Road to Veterans Drive; City of Pearland, Texas 2.0 FIELD EXPLORATION 2.1 General Report No 1140197001 April 15, 2014 Subsurface conditions along the proposed Fite Road construction were investigated by drilling five (5) soil borings, designated as B-1 through B-5, in general accordance with TxDOT procedures. The depth of borings ranged from 20 to 35 feet. All borings were drilled with a truck mounted drilling rig at the approximate locations shown on Figures 2.1 through 2.5, Plan of Borings. A summary of boring information is provided in Table 1. The staking and tie-in of soil borings (Station no., offset and ground surface elevation) were provided to us by Cobb, Fendley & Associates, Inc. 2.2 Sampling Methods At each boring location soil samples were obtained at 5-ft intervals in granular soils, and continuously in cohesive soils between the TxDOT Cone Penetrometer Tests. TxDOT Cone Penetrometer Tests (Tex-132-E) were performed at approximate 5-foot intervals throughout the depth of each boring. Results of the tests are recorded on the boring logs as the number of blows for the first and second 6 inches of penetration at the respective test depths. Samples of cohesive soils were obtained with a 3-inch diameter thin -walled tube sampler in general accordance with ASTM Method D 1587. Granular soils were sampled every 5 feet with a 2-inch diameter split -barrel sampler in general accordance with ASTM Method D 1586. Each sample was removed from the sampler in the field by our soils technician, carefully examined, and classified according to the Unified Soil Classification System (USCS). Suitable portions of each sample were wrapped and sealed in the field and transported to Geotest's laboratory. The shear strength of cohesive soil samples was estimated in the field using a calibrated hand pocket penetrometer. Detail descriptions of the soils encountered, together with recorded blow counts from TxDOT Cone Penetrometer Tests, are provided on the boring logs presented on Figures A-1 through A-5 in Appendix A. A key to symbols and terms used on the boring logs is given on Figure A-6 in Appendix A. The consistency (strength description) of cohesive soils is based on test data from 5 266 Geotest Engineering, Inc. Fite Road Construction from McLean Road to Veterans Drive; City of Pearland, Texas Report No. 1140197001 April 15, 2014 triaxial compression test (TAT) and TxDOT cone penetrometer data, where TAT data is not available. 2.3 Groundwater Observations Measurements of the depth to water were taken in the open boreholes during drilling. The results of these observations are noted at the bottom of the boring logs presented on Figures A-1 through A-5, in Appendix A. 2.4 Borehole Completion After taking final measurements of the depth to groundwater at each boring location, each of the open boreholes with exception of the boring converted to piezometer, were backflled with cement-bentonite grout. 2.5 Piezometer Installation During the field investigation, a piezometer was installed in the open borehole of boring B-1. The location of the piezometer designated as B-1P is shown on Figure 2.1. The piezomter installation report showing the details of the construction of the piezometer is provided on Figure A- 7 in Appendix A. 6 267 Geotest Engineering, Inc. Fite Road Construction from McLean Road to Veterans Drive; City of Pearland, Texas 3.0 LABORATORY TESTING Report No. 1140197001 April 15, 2014 A laboratory test program was developed to measure pertinent physical and strength characteristics of representative samples from the field exploration. Classification tests were performed on selected samples to aid in soil classification. All geotechnical tests were performed in accordance with TxDOT procedures and ASTM procedures where TxDOT procedures are not available. Undrained shear strengths of selected cohesive soil samples were measured by unconfined compression (ASTM D 2166) and unconsolidated-undramed (U-U) triaxial compression (Tex-118- E) tests. Shear strengths of cohesive samples were also estimated in the field using a calibrated hand pocket penetrometer and in the laboratory with a Torvane. Moisture content and dry unit weight were measured for each unconfined compression and U-U triaxial compression test sample. Moisture content measurements (Tex-103-E) were also conducted on most samples to identify the moisture profile at each boring location. Liquid and plastic limit tests (Tex-104-E, Tex-105-E) were performed on selected cohesive samples to measure soil plasticity characteristics and to aid in soil classification. Sieve analysis tests (Tex-110-E) were performed on selected samples to provide information on grain size distribution. California Bearing Ratio (CBR) tests (ASTM D 1883) were conducted on a composite sample (1 to 6 feet) of the near surface clay soils. Results of most laboratory tests are tabulated on the boring logs presented on Figures A-1 through A-5, in Appendix A. The laboratory tests data are also sumrnarized in the Summary of Laboratory Test Results presented on Figures B-1 through B-5 in Appendix B. Grain size distribution curves, based on results of sieve analyses tests, are presented graphically on Figure B-6 in Appendix B. Results of the CBR test are presented on Figures B-7a, B-7b and B-7c. The curves of dry density versus CBR are presented on Figure B-7d in Appendix B. 7 268 Geotest Engineering, Inc. Fite Road Construction from McLean Road to Veterans Drive; City of Pearland Texas 4.0 GENERAL SITE CONDITIONS 4.1 Site Geology Report No. 1140197001 April 15, 2014 The geology of Brazoria County is characterized by two formations, the Beaumont and the Alluvium. These formations are a part of the fluvial and marine coastal complex resulting from the glacial cycles within Holocene/Pleistocene epoch. The lithology includes clay, silt and sand. The Fite Road construction project lies within the Beaumont Formation. The clays and sands of this formation are overconsolidated as a result of desiccation or frequent raising and lowering of the sea level and subsequently the groundwater table. Consequently, clays of this formation have moderate to high shear strength and relatively low compressibility. Sands of the Beaumont Formation are typically very fine and often silty. 4.2 Subsurface Conditions Graphical representations of the major strata encountered in borings drilled along the project alignment are presented on a boring log profile on Figure 3. To the left of each boring shown on the profile is an indication of the consistency or density of soils within each stratum. For cohesive soils, consistency is related to the undrained shear strength of the soil. Consistency of granular soils is related to the relative density of the soil. To the right of each boring shown on the profile is the USCS classification of the soil within each stratum. The symbols and abbreviations used on the boring log profile are given on Figure 4. The subsurface soil conditions along the proposed Fite Road construction, as shown on boring logs B-1 through B-5 and as shown on the boring log profile presented on Figure 3, predominantly consist of cohesive soils to the explored depths of 20 and 30 feet, except in borings B- 1 and B-2 where cohesive soils underlain by or intermittent with cohesionless soils were encountered to the full explored depth of 30 and 35 feet. The cohesive soils consist of soft to hard dark gray, gray, brown, yellowish brown and reddish brown clay sandy clay and silty clay. The cohesionless soils consist of slightly compact to compact gray and brown silty sand. 8 269 Geotest Engineering, Inc. Fite Road Construction from McLean Road to Veterans Drive; City ofPearland, Texas Report No. 1140197001 April 15, 2014 The clays are of high to very high plasticity with liquid limits ranging from 54 to 105 and plasticity indices ranging from 32 to 68. The silty/sandy clays are of low to high plasticity, with liquid limits ranging from 22 to 49 and plasticity indices ranging from 6 to 30. The percent fines (percent passing No. 200 sieve) of silty sand ranged from 14 to 19 percent. 4.3 Groundwater Conditions Groundwater was initially encountered at depths of 11 feet to 18 feet below existing grade during drilling in all the borings drilled for this study. The groundwater measured 15 minutes after water was first encountered was at depths of 8 to 12 feet below the existing grade in these borings. The water level measured in Piezometer B-1P was at a depth of 9.6 feet on October 15, 2013. However, various environmental and man-made factors such as amounts of precipitation and changes in construction, can substantially influence groundwater level. 9 270 Geotest Engineering, Inc. Fite Road Construction from McLean Road to Veterans Drive; City of Pearland, Texas Report No. 1140197001 April 15, 2014 5.0 GEOTECHNICAL RECOMMENDATIONS 5.1 Traffic Signal Foundation As part of Fite Road construction, a traffic signal will be installed at the intersection of Fite Road and McLean Road. 5.1.1 Recommended Foundation Types. Based on the subsurface conditions revealed by boring B-1, the traffic signal at Fite Road and McLean Road can be supported on either cast -in -place drilled shafts or driven prestressed precast concrete piles. Design of the traffic signal foundations should ensure adequate axial and lateral capacities of the foundations under consideration. Capacity curves for both drilled shafts and driven piles are presented and discussed in the following sections. It should be noted that even though no bridge structures are proposed for this project, capacity curves were developed for all the borings. 5.1.2 Minimum Embedment Requirement. We recommend that design of the shafts or piles consider the following minimum embedment requirements: • The shafts or piles should have a depth of embedment adequate for support of the imposed axial and lateral loads. • Computation of design capacities of the shafts or piles should provide for reductions in capacities due to construction -related disturbance and shrink -swell of surficial soils with changes in moisture. • Shafts and piles should penetrate into the base stratum (the stratum in which the shaft tip is placed) at least 2 times their diameter or width. 5.1.3 Axial Capacities of Drilled Shafts and Driven Piles. Allowable skin friction capacity and point bearing capacity were computed for cast -in -place drilled shafts and driven full - displacement piles (i.e., prestressed precast concrete piles) for all the boring locations (B-1 through 10 271 Geotest Engineering, Inc. Fite Road Construction from McLean Road to Veterans Drive; City of Pearland, Texas Report No. 1140197001 April 15, 2014 B-5) using TxDOT WinCore (Version 3.1) software. The WinCore software was developed by TxDOT to compute pile capacities based on design methods included in the TxDOT Geotechnical Manual, August 2006. The program computes allowable axial capacity based on a safety factor of at least 2.0 for skin friction and end bearing. Allowable axial capacities of cast -in -place drilled shafts should be computed based on the sum of the allowable skin friction acting on the side area of the shaft plus the allowable point bearing, acting on the end area of the shaft. It should be noted that TxDOT Houston District places a limit on end bearing values of 2.0 tsf, for shafts with diameters over 24 inches and less than or equal to 48 inches. End bearing is neglected in the design of shafts with diameters less than, or equal to 24 inches. TxDOT Houston District practice calls for computation of allowable axial capacities of driven piles based on the accumulative allowable skin fiction acting on the side area of the pile, without any contribution due to point bearing. Values of accumulative skin friction for drilled shafts and driven full -displacement piles are based on unit skin friction values computed from laboratory triaxial (TAT) tests for cohesive soils, and from TxDOT cone penetrometer (TCP) tests for cohesionless soils. A soil reduction factor (SR) of 0.7 was applied to the computed values of allowable skin friction for drilled shaft design. The computed unit skin friction values were limited to 1.25 tsf for driven piles and 0.88 for drilled shafts in accordance with TxDOT Houston District practice. Allowable axial capacity for cast -in -place drilled shafts, installed at the location of borings B- 1 through B-5 should be computed using the curves of accumulative static frictional resistance (in tons/ft of perimeter) presented on Figures 5.1 through 5.5, respectively, and curves of allowable unit point bearing presented on Figures 7.1 through 7.5, respectively. The allowable point bearing for a given shaft size should be computed based on the value of allowable unit point bearing (in TSF), at the design penetration, times the end area of the shafts. Thus, an equation to determine the allowable axial capacity, Qa, for the drilled shafts can be expressed as below. Qa TrdS d`q 4 in tons Where, S is Accumulative Friction in tons per foot of perimeter of drilled shaft 11 272 Geotest Engineering, Inc. Fite Road Construction from /vfcLean Road to Veterans Drive; City of Pearland, Texas qp is Point Bearing in tsf d is Diameter of drilled shaft in feet Report No. 1140197001 April 15, 2014 Allowable axial capacity for driven full -displacement (precast concrete) piles, installed at the location of borings B-1 through B-5 should be computed using the curves of accumulative static frictional resistance (in tons/ft of perimeter) presented on Figures 6.1 through 6.5, respectively. Thus, an equation to determine the allowable axial capacity, Qa, for driven piles can be expressed as below. Qs = 4wS in tons Where, S is Accumulative Friction in tons per foot of perimeter of driven pile w is Width of square driven pile in feet Tables of numerical values of unit skin friction, computed using WinCore software, are provided on forms titled "Soil Strength Analysis" in Appendix C, on Figures C-1 through C-5 for drilled shafts, and on Figures C-6 through C-10 for driven piling. The designer should account for the effects of seasonal moisture variations at traffic signal foundation location by subtracting the accumulated skin friction at a depth of seasonal moisture variations from the total accumulated skin friction at the design tip elevation. A 5 to 10-foot depth may be considered as the zone of seasonal moisture variation. The final design tip elevation should be based on a total load equivalent to the design load plus the capacity of accumulated skin friction determined at the depth (elevation) of the seasonal moisture variations from the skin friction design curve. 12 273 Geotest Engineering, Inc. Fite Road Construction from McLean Road to Veterans Drive; City of Pearland, Texas Report No. 1140197001 April 15, 2014 5.1.4 Group Effects. To reduce group effects it is recommended that the piles or shafts be spaced with a minimum center -to -center distance (i.e., based on a single row of piles or shafts) of at least 3 times the pile width or 2.5 times the shaft diameter. 5.1.5 Settlement. Although detailed settlement analyses were not within the scope of this study, it is believed that drilled shafts and driven piles designed in accordance with the above recommendations, should experience small settlements. Differential settlements, resulting from variation in subsurface conditions and loading conditions, are also expected to be small. 5.1.6 Lateral Capacity. The lateral load capacity will depend on the ground surface deflection, maximum bending moment, stiffness factor and soil modulus between the shafts/piles and surrounding soils. Allowable lateral load can be developed based on allowable ground surface deflection, soil modulus and stiffness of shaft or pile. However, maximum bending moment in the pile or shaft will need to be verified Lateral load -deflection analyses, using a soil -structure interaction (p-y) model, can be used (if needed) to provide refined estimates of deflections and bending moments along the length of the pile or shaft. The soil parameters which include LPile program soil type, submerged unit weight, undrained cohesion/internal friction angle and s50 were developed for the boring B-1 and are presented in Table 2. These soil parameters can be used for LPile program input for the design of traffic signal foundation at the intersection of Fite Road and McLean Road. 5.2 Storm Sewer The project calls for the construction of storm sewers along the proposed Fite Road construction. The size of storm sewers was not known at the time of preparation of this report. Further, it is our understanding that the storm sewers are anticipated to be placed at depths of 4 to 9 feet below the existing grade. The following sections provide information for the design and construction of the storm sewer pipes and the excavations required for the proposed storm sewer installations. Geotechnical 13 274 Geotest Engineering, Inc. Fite Road Construction from McLean Road to Veterans Drive; City of Pearland, Texas Report No. 1140197001 April 15, 2014 parameters for open -cut excavations were developed and are provided in Table 3. For design, groundwater should be assumed at surface. 5.2.1 Allowable Bearing Pressures. For storm sewers placed at depths of 4 to 9 feet, an allowable bearing pressure of 2,500 psf may be used for design. The allowable bearing pressures include a safety factor of 2.0. The above recommendations assume that the final bearing surfaces consist of undisturbed natural soils and that any underlying semi -transmissive zones are properly pressure -relieved prior to and during construction. 5.2.2 Lateral Earth Pressure Diagrams. The pressure diagrams provided on Figures 8.1 through 8.3 can be used for the design of braced excavation. The lateral earth pressure diagrams presented on Figures 9.1 through 9.3 are applicable for the design of permanent walls of the structures, i.e. manholes or boxes. For design, the groundwater is assumed at the ground surface, since these conditions may exist after a heavy ram or flooding. To prevent any cracks or damage to permanent wall structure (assumed no wall movement allowed) coefficient of at rest earth pressure (KO) was used to develop lateral earth pressure diagrams (Figures 9.1 through 9.3). 5.2.3 Hydrostatic Uplift Resistance. Structures, i.e., manholes, extending below the groundwater level should be designed to resist uplift pressure resulting from excess piezometric head. Design uplift pressures should be computed based on the assumption that the water table is at ground surface. To resist the hydrostatic uphft at the bottom of the structures, one of the following sources of resistance can be utilized in each of the designs. a. Dead weight of structure, b. Weight of soil above base extensions plus weight of structure, or c. Soil -wall friction plus dead weight of structure. The uplift force and resistance to uplift should be computed as detailed on Figure 10. In determining the configuration and dimensions of the structure using one of the approaches presented on Figure 10, the following factors of safety are recommended. 14 275 Geotest Engineering, Inc. Fite Road Construction front McLean Road to Veterans Drive; City of Pearland, Texas a. Dead weight of concrete structure, S fi = 1.1 b. Weight of soil (backfill) above base extension, Sfz = 1.5, and c. Soil -wall friction, So = 3.0. Report No. 1140197001 April 15, 2014 Friction resistance should be discounted for the upper 5 feet, since this zone is affected by seasonal moisture changes. 5.2.4 Excavation Stability. The open excavation may be shored, laid back to a stable slope or some other equivalent means used to provide safety for workers and adjacent structures. The excavating and trenching operations should be in accordance with OSHA Standards, OSHA 2207, Subpart P (latest revision). • Excavation Shallower Than 5 Feet — Protection may not be required when excavations that are less than 5 feet deep and an examination of the ground by a competent person provides no indication of a potential cave-in. When any indication of hazardous ground movement or potential cave-in is anticipated during construction, adequate protective system should be provided for all excavations even that excavations are shallower than 5 feet. • Excavation Deeper Than 5 Feet — Excavations that are deeper than 5 feet should be sloped, shored, shielded or provided with some other appropriate means of protection where workers might be exposed to moving ground or cave-ins. The slopes and shoring should be in accordance with OSHA requirements. The following items provide design criteria for trench stability. (i) OSHA Soil Type. Based on the soil conditions revealed by the geotecluncal borings, OSHA s soil type "C" should be used for the determination of allowable maximum slope and/or the design of a shoring system. For shoring deeper than 20 feet, an engineering evaluation is required. 15 276 Geotest Engineering, Inc. Fite Road Construction from McLean Road to Veterans Drive; City of Pearland, Texas Report No. 1140197001 April 15, 2014 (ii) Excavation Support Earth Pressure. Lateral earth pressure diagram was developed based on the subsurface conditions indicated by our field and laboratory investigations. The earth pressure diagrams developed for excavation support are presented on Figures 8.1 through 8.3. The pressure diagrams can be used for the design of temporary trench bracing. Design of trench boxes for resisting Iateral earth pressures can be based on an equivalent fluid pressure of 94 pc£ The computation of the equivalent fluid pressure assumes that groundwater level is at ground surface, since these conditions may exist after a heavy rain or flooding. The effects of any surcharge loads at the ground surface should be added to the computed lateral earth pressures. A surcharge load, q, will typically result in a lateral load equal to 0.5 q. (iii) Bottom Stability. In braced cuts, if tight sheeting is terminated at the base of the cut, the bottom of the excavation can become unstable under certain conditions. The stability of the trench bottom is governed by the shear strength of the soils and by the differential hydrostatic head. For cuts m cohesive soils (such as clay and sandy/silty clay) as predominantly encountered for the excavation depths of 4 to 9 feet, stability of the bottom can be evaluated in accordance with the procedure outlined on Figure 11. However, due to cohesionless soils encountered at the invert or within 3 feet from the bottom of excavation in borings B-1 and B- 2 excavation should be done after dewatering to avoid bottom stability problems. 5.2.5 Excavation Dewatering. Excavations for both the proposed storm sewer pipe and storm sewer box will encounter groundwater seepage to varying degrees depending upon groundwater conditions at the time of construction and the location and depth of excavation. In cohesive soils, as predominantly encountered for the excavation depths of 4 to 9 feet, groundwater may be managed by collection in trench bottom sumps for pumped disposal. However in cohesionless soils, as encountered in borings B-1 and B-2 below 10 feet, dewatering such as well points will be required (if the excavation depth is greater than 7 feet) to lower the groundwater level to at least 5 feet below the level of excavation. 16 277 Geotest Engineering, Inc. Fite Road Construction from McLean Road to Veterans Drive; City of Pearland, Texas Report No. 1140197001 April 15, 2014 It is recommended that the actual groundwater conditions be verified at the time of construction. 5.2.6 Bedding and Backfill. The bedding and backfill for storm sewer pipe and storm sewer box should follow the TxDOT Houston District "Excavation and Backfill Diagrams." 5.3 Pavement Subgrade Information 5.3.1 Subgrade Material Properties. Based on the laboratory test data obtained from the natural subgrade soils, the effective roadbed soil resilient modulus (MR) is estimated to be about 1,941 psi. 5.3.2 Subgrade Stabilization Requirements. Based on the field and laboratory data the. subgrade support soils at the anticipated finish subgrade elevations consist of high to very high plasticity clay. These soils should be stabilized with at least 7 percent (dry weight of soil) hydrated lime to a minimum depth of eight (8) inches. The actual percentage of lime may be confirmed by laboratory tests at the time of construction. Lime stabilization of clay subgrade should be performed in accordance with TxDOT Item 260. 5.3.3 Pavement Section Proposed by City of Pearland. It is understood that the City of Pearland is proposing a pavement section of 8-inch jointed reinforced concrete pavement (JRCP) over 8-inch lime treated subgrade. Considering the pavement section, with an effective modulus of subgrade reaction (k) of 49 pci for 8-inch lime treated subgrade (based on modulus of subgrade reaction of 1,941 psi and a loss of support of 1) and other design parameters per TxDOT requirements, the estimated 18-kip equivalent single axle load (ESAL) for a 30 year design life would be 1.11 x 106. 17 278 Geotest Engineering, Inc. Fite Road Construction from McLean Road to Veterans Drive; City of Pearland, Texas 6.0 CONSTRUCTION CONSIDERATIONS 6.1 Drilled Shaft Foundation Installation Report No, 1140197001 April 15, 2014 Drilled shaft construction should follow TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, 2004, Item 416. Due to the presence of water bearing cohesionless soils encountered at the site, it is anticipated that shaft installation will require the use of slurry displacement methods, and possible surface casing. The surface casing is temporary and shall be retrieved as outlined in TxDot Standard Specifications. If structural design calls for shaft diameters in excess of 60 inches to terminate in sand, we recommend a more restrictive construction specification that limits slurry sand content to four (4) percent. 6.2 Driven Pile Foundation Installation Piling should be installed in accordance with TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, 2004, Items 404 and 409. The allowable skin friction curves, presented on Figures 6.1 through 6.5, were based on the assumption that the piles will be installed by driving. 18 279 Geotest Engineering, Inc. Fite Road Constructionfrom McLean Road to Veterans Drive; City of Pearland Texas 7.0 PROVISIONS Report No. 1140197001 April 15, 2014 The subsurface conditions and design information contained in this report are based on the test borings made at the time of drilling at specific locations. Some variations in soil conditions may exist between test borings. Should any subsurface conditions other than those described in our boring logs be encountered, Geotest should immediately be notified so that further investigation and supplemental recommendations can be provided. The depth to the groundwater level may vary with changes in environmental conditions such as frequency and magnitude of rainfall, as well as area construction activities. The analysis and recommendations presented in this report are based, in part, upon the data obtained from subsurface explorations made at the time test borings were drilled at specific locations. The stratification lines on the boring logs represent approximate boundaries between soil types. Actual transitions between soil types may be more gradual than depicted. This report has been prepared for the exclusive use of Cobb, Fendley & Associates, Inc., City of Pearland, and TxDOT, specifically for the design of the Fite Road construction project in Pearland, Texas. This report may not be reproduced in whole or part without the written permission of Geotest Engineering, Inc., Cobb, Fendley & Associates, Inc., City of Pearland, or TxDOT. 19 280 ILLUSTRATIONS Vicinity Map Plan of Borings Boring Log Profiles Symbols and Abbreviations used on Boring Log Profile Skin Friction Design — Drilled Shaft Design (Accumulative Graphs) Skin Friction Design.— Driven Pile Design (Accumulative Graphs) Point Bearing Design — Drilled Shaft Design Excavation Support Earth Pressure...,...:.._...• :.:. :...:................., Lateral Earth Pressure Diagram for Permanent Wall Uplift Pressure and Resistance Stability of Bottom for Braced Cut Figure 1 2.1 thru 2.5 3 4 5.1 thru 5.5 6.1 thru 6.5 7.1 thru 7.5 8.1 thru 8.3 9.1 thru 9.3 10 11 281 To To Tomball Spring • To Alvin To Pasadena • PROJECT SITE VICINITY MAP (NOT TO SCALE) Ge otest Engineering, Inc. FIGURE 282 • • • BLOCK 8 1 72.00' --r • San SSA 7h9IT3 }, a•L"ryi fR••K 62 8N•34 6: M ZS.£tr.00 N O w C O 47 1b ►1' ►1' ROAD 40 -01 (80' WI VOL 14, PGS. ..VOL 19; PGSr1 36 clt 4, WW CT to (17 0) 01 to tD O1 a (80' WIDE ROW) VOL 14, PGS. 21-22, B.C.P.R. & VOL ID, PCS. 295-•206, 3.C.P,R. • 18 BLOCK 5 cn ttO cit CI CORRIGAN ADDITION SECTION 5 VOL. 14, PGS. 2 -224 B.C.P.R, DECEMIBER B. 1971 19 3' H.L& P. ESUIT. VOL 14, PGS. 21-22, B.C.P.R. I 10' BLDG. UNE VOL 14, PGS. 21-22, B.C.P.R. S 8B'46952t,*/ 125.60' - ---'- O+DO 1 ►b tatr 1.1 • 1 1 1 FINAL PLAT OF ASHTON PARK SECTION ONE I • VOL 19, PGS. 295-296, B.C.P.R. APRIL 14, 1994 35 BLOCK 2 • 1 1 J 1 1 1 1 t i tr2f:: �g �► � A114' I 'r ."' 1V • • • • 1b ,s• �• • • I• 0 O CC LLI ,b 1 In. cpP. ►L•44.74 4�1 •19 tic h,. I•IU 4 b 1 I ' .r RCP2 !1 1 • 1 a 24 RCA • • (GB 43 we rye 65.00' • • 60.00' 37 PLAT OF WILLOWICK SECTION TWO VOL 19, PGS. 207-208, B.C.P.R. AUGUST 5. 1993 FI NAL 2+00 FITE ROAD OW %WE ROW) 34 • F.N. 2008043432, 0.P.R.B.C. & VOL 22, PGS. 141-142, B.C.P.R. & B_1P) VOL19, PGS. 207-208, B.C.P.R. ILL; „ • • 60.00' 60.00' 36 60.00' 3+00 1 • a • • 5 oko • • A. • cocnne WALK Legend • BORING • BORING WITH PIEZOMBTER ►1 Geotest Engineering, Inc • FITE ROAD CONSTRUCTION FROM MCLEAN ROAD TO VETERANS DRIVE CITY OF PEA RLAND, TEXAS PLAN OF BORINGS 0 20 40 60 80 .1 • • • • SCALE IN FEET• FIGURE 2283 • • 60.00' 35 c0.00' • • 60.00' 34 o 11 oy I J h•r L • • 6 u.00' 60.00' 60.00' 50.00' 5' UTIL. ES11T. VOL. 19. PG.S 207-208. B.C.P.R. 33 60.00' • 4+00 5+00 • • • • • • • 10' BLDG. LINE VOL 19, PGS. 207-208, 8.C.P.R. BLOCK 1 32 16' UT1L ES1,IT. VOL 19. PGS. 207-208, B.C.P.R. FITE ROAD (80' R10E ROW) F.N. 2008043432, O.P.R.B.C. VOL 22, PGS 141-142, C.P.R.B. —VOC197PGS..-207-208, B.C.P:R. 31 5 89' 20' 10" W 868.4 7' • 30 FI NA PLAT OF WILLO SECTION TWO • S 89620' l 0" W 943.57' 878.57' N 8722'34" E 966164' 6' 00 VOL. 19, PGS. 207-208. B.C.P.R, AUGUST 5, 1993 ICK 7 29 28 • • • 7+00 1 8+00 4.0 • • 6s aCOT swr do.Zr ✓�'1 • • • • • P. qq - Ir RCv ►� i� [.a1Ji' i ■ • CtncRETt wALK Legend Boring • a, 1 Geotest Engineering, Inc 1140197001 FITE ROAD CONSTRUCTION FROM MCLEAN ROAD TO VETERANS DRIVE CITY OF PEARLAND, TEXAS PLAN 'I F BORINGS 0 20 40 60 80 • SCALE IN FEET • • J FIGURE 2 2'2 84 MEL 1,40197001 0 z vn 0 F-� • FI NAL PLAT SECTI 9+00 .207 t�gG`2; ALIN GMSR • • , • g 93.65' VOL. 19, PGS. AUGUS tA to 0 0 10+00 F WILLOWItK N TWO 07-208, B.C.P.R. 5, 1993 99. • (t 11+00 1 a • • • • • • • 12+00 • 1 • • • • • N 45'06' 17" E 3.06' FITE ROAD (80' V.IDE ROW) F.N, 2008043432. O.P.R.B.C. fc VOL 22, PGS. 141-142. B.C.P.R. d: VOL 19, PGS. 207-208. B.C.P.R. • • • N BT22'34" E 2317.84' • • • • CONCRETE MAU( 10 4,. MINOR SUBDIVISION PLAT OF CENTENNIAL PARK F.N, 2008043432, O.P.R.B.C. JULY 16, 2006 LOT 1, BLOCK 1 F.N. 2008043432 O.P.R.B.C. • w { I1 Legend Boring 4. Geotest Engineering, Inc 1140197001 FITE ROAD CONSTRUCTION FROM MCLEAN ROAD TO VETERANS DRIVE CITY OF PEARLAND, TEXAS PLAN OF BORINGS 0 20 40 60 80 • • SCALE IN FEET • 285 FIGURE 2 3 7 • • • iMmEmE 4400 ' • • 1 • • • 15+00 • • 16+00 • • ei • ccxlareTt w,w( • • • • • • • M} Ip' Ito 41.• • 4 • IQ' Rtp C-41.3Y r • • • 19+00 B-4 J • ci- • a • • • • • • • 17+00 • • 44,00 • • • • 4 FITE ROAD (80' WIDE ROW) F.N. 2008043432, 0.P.R.B.C. VOL 22, PGS. 141-142. B.C.P.R. VOL. 19, PGS. 207-208, B.C.P.R. • • • • • • • • • • • MATCH LINE A A r 4.34 • • • • • • • 20+00 21+00 22+00 • • 1 23+00 • • a FITE ROAD (80' WIDE ROW) F.N. 2008043432. 0.P.R.B.C. do VOL. 22, PGS. 141-142, B.C.P.R. 2t VOL 19, PGS. 207-208, B.C.P.R. • • • • A • • , • Legend Boring Geotest Engineering, Inc • • 1140197001 FITE ROAD CONSTRUCTION FROM MCLEAN ROAD TO VETERANS DRIVE CITY OF PEARLAND, TEXAS PLAN OF ORINGS 0 20 40 60 80 SCALE IN I'BL1 • • • FIGURE 2 4286 1140197001 7. 0 ti • • 24+00 I • 1 1 •— • I B-5. S 2a. • w• • • • 17.73' • s • • 7 25+00 Tor.ESA 5 i 'Cuvap ! / r Arm" W etti i 1 i 1 • : l • �h 4 • • f • • J • • i ; 1 1 26+Oo ( + 11 • 1 1 11 1 11 / 11 1 ! 7 1 1 ,>A ,,y, —ni 1 / rr • 1 I� I a • f ci 1 1 Le. �� I I r 1 � r ' 1 1 919 • • e I 1 • J fri h r x OU. / 1 1 leN is r ' / 1 1 .- • • •• i 1 / J j 11 11 11 0 5 ' �-� 1 -m 4: 4.) !.-::1 m it • IV.�., ; I 1 1w . ij 1- e 1 10a it i . 1} o • 1 1 1 1 I WILLIAM JOHN SCHNEIDER CALLED 1.5 ACRES VOL. 1110, PC. 177 D.R.B.C.T. 10' WATER UNE ES1.1T.-1- VOL 16. PG. 171, B.C.M.R. A FINAL PLAT OF TWIN LAKES SECTION ONE VOL 24, PGS. 232-233, B.C.P.R. RESERVE "I" VOL 24, PGS. 232-233, B.C.P.R. • • Legend S. Boring Geotest Engineering, Inc 1140197001 FITE ROAD CONSTRUCTION FROM MCLEAN ROAD TO VETERANS DRIVE CITY OF PEARLAND, TEXAS PLAN F BORINGS 0 20 40 60 80 SCALE IN Ilbbl • 1 • • • d FIGURE 2.5 �287 B-1 (B-1P St-Hd ELEVATION IN FEET GENERAL NOTES: • • O. O. OM so • • • • So-V/St • • • • • • • • • • • • • • • • • • • • 1. See Figures 2.1 thru 2.5 for approximate location of borings and profile section. 2. Doto concerning subsurfoce conditions hove been obtained ot boring locutions only. Actuol conditions between borings moy differ from the profile shown here. 3. See logs of boring for detailed description of soils encountered in eoch borehole. 4. See Figure 4 for symbols and abbreviations used on this profile. 5. Ground surface elevation ot each boring location was bosed on survey doto provided to us by Cobb, Fendley & Associates, Inc. Job No. 114019/001 So -St Q So-M/St Geotest Engineering, Inc. St-V/so 50 — 40 30 — 20 10 -0 -10 — -20 ELEVATION IN FEET BORING LOG PROFILE Fite Road Construction McLean Road to Veterans Drive 0 100 200 300 HORIZONTAL SCALE IN FEET 400 FIGURE 3 288 SYMBOLS AND ABBREVIATIONS USED ON BORING LOG PROF 1 E CLAY SAND SILT, Clayey SILT Sandy MUCK PEAT or LIGNITE SLAG y ASPHALT or HMAC PAVEMENT SILT O 00 O C O 00 Q C O 00 O C GRAVEL CONCRETE LEGEND CLAY, Sandy CLAY, Silty SAND, Clayey SAND Silty FILL BRICK Depth of Water Encountered During Drilling • • SANDSTONE SHALE or or SILTSTONE CLAYSTONE "Sir Wr �'< ;;11 13411131 � •s MINIM MSS MMIM ®Ms NEM SHELL BLACKBASE Depth of Water after Completion of Boring (for details see` individual boring log) ABBREVIATIONS USED FOR CONSISTENCY/DEN ITY COHESIVE SOILS V/So So Fm M/Sk St V/St Hd V/Hd Very Soft Soft Firm Medium Stiff Stiff Very Stiff Hord Very Hard COHESIONLESS SAILS tir/Lo Lo S/Co Co M/De De V/De LIMESTONE RUBBLE or DEBRIS Very Loose Loose Slightly Compact Compact Medium Dense Dense Very Dense Geotest Ent rtc erring, Inc. FIGURE 4 289 r., Csr�.r,t i!hi nit w SKIN FRICTION DESIGN WinCore Version 3.1 + 47.3 + 42.3 + 37.3 F + 32.3 c v - (Ft) + 27.3 + 22.3 + 17.3 • 12.3 County Brazoria Hole Highway Fite Road Structure Control 0912-3.1-272 Station Offset Drilled Shaft Design: Soil Reduction Factor = TAT Friction Values Used Skin Friction Limit = 0.88 tsf per TxOOT Houston District Practice 0 0 1 B-1 (B-9P) Roadway!Utilities 1 +61.60 16.94 FAT 0.7 Unit Frictional Resistance (TISF) 2 3 4 District Date Crnd. Elev. GIN Elev. Houston 10-14-13 47.34 ft 37.74 ft Aoououlat;ye friction <— Unit Frictional Resistance • Note: The designer should take Into account the effects of seasonal moisture variation by subtracting the accumulated skin friction at the depth to which seasonal moisture variation occurs from the total accumulated skin friction at the design tip penetration. 1 I.._.{.4.t:../a- - ][lt: • 0 5 10 15 --- 20 5 10 16 20 25 25 30 35 30 e P t h (Ft) G:IMQI-IANAjob$',4D197C131Manton) DSsijn11140197cV1.GLG Accumulative Friction (Tin FIGURE 5.1 SKIN FRICTION DESIGN Wintiore Version 311 + 46.4 + 41.A + 36.4 F 1 + 31A e v 26 �1- .4 (Ft) + 21.4 + 16.4 114 County Brazoria Hole Highway Fite Road Structure Control 0912-31-272 Station Offset Drilled Shaft Design: Soil Reduction Factor rei TAT Friction Values Used Skin Friction Limit = 0.88 isf per TxDOT Houston District Practice 0 0 1 B-2 Roadway/Uti lines 7+30.77 11,9IY RT 0.7 Unit Frictional Resistance (T/SF) 2 3 4 District Date Grnd. Elev. OW Elev. Houston 10-14-13 46.38ft N/A a 4— Unit Frictional Resistance n Note: The designer should take into account the effects of seasonal moisture variation by subtracting the accumulated skin friction at the depth to which seasonal moisture variation occurs from the total accumulated skin friction at the design tip penetration. 4 • 4 i : 1 1 1 i 1 • 0 6 10 .. 15 20 .4i 441i.1...1241r.4 25 6 10 16 20 25 30 35 30 Cah1OHAN4jousW0197C011Wincore Deslgn111d0197C01.CLG Accumulative Friction (TT) FIGURE 5.2 qtier �r�lirr.rir SKIN FRICTION DESIGN W inCore Version 11 +43.8 + 38.8 + 33.0 1 + 28.8 e V (Ft) + 23.8 + 18.8 + 13.8 8.8 County Brazoria Hole Highway Fite Road Structure Control 0912-31-272 Station Offset Drilled Shaft Design: Soil Reduction Factor = TAT Friction Values Used Skin Friction Limit = 0 88 tsf per TxDOT Houston District Practice 0 8 1 13-3 Roadway/Utilities 13+29.99 6.02' LT 0.7 Unit Frictional Resistance (TISF) 2 3 4 District Date Grnd. Elev. GW Elev. Houston 10-15-13 43.78 ft NIA 7 Unit fiitc(tonal Resistance • • Note: The designer should take into account the effects of seasonal moisture variation by subtracting the accumulated skin friction at the depth to which seasonal moisture variation occurs from the total accumulated skin friction at the design tip penetration. • 5 10 15 20 25 8 5 10 15 20 25 30 35 30 D e p t h (Ft) C )itOHMl►aoba4a019,7C011WIntnrn nasIbn\11ao1£7ao1 Cie Accumulative Friction (T!F) FIGURE 5.3 1t.f...f °A�. SKIN FRICTION DESIGN WinCore Version 3.1 + 44.3 + 39.3 + 34.3 F t + 29.3 e v . (Ft) + 24.3 + 19.3 + 14.3 �- 9.3 County Braxoria Highway Fite Road control 0912-31-272 Hole structure Statio n Offset Drilled Shaft Design: Soil Reduction Factor = TAT Friction Values Used 0 Skin Friction Limit = 0.88 isf per TxDOT Houston District Practice 0 1 B-4 Roadway/Utilities 19+51.02 4.12' LT 0.7 Unit Frictional Resistance (T/SF) 2 3 4 District Date Grnd. Elev. GW Elev. Houston 10-16-13 44.34 ft NFA • • • de fAc:61311 pool' l•-• Unit FrictionalI - ... Resistance • i 1 • • ..i,............... Note: The designer should take into account the effects of seasonal moisture variation by subtracting the accumulated skin friction at the depth to which seasonal moisture variation occurs from the total accumulated skin friction at the design tip penetration. 10 15 20 25 30 5 10 15 20 25 30 35 D e p t li {Ft) C;!MOHANIA101101WOO 11Vdincore Design11140197001.CLe Accumulative Friction (T/F) FIGURE 5.4 293 trelet Pars N kwtri i+ SKIN FRICTION DESIGN WinCore Version 3,1 + 46.2 + 41.2 + 36.2 E 1 + 31.2 e v • (Ft) + 26.2 + 2 1 2 + 16/2 11.2 County Brazoria Hole Highway Fite Road Structure Control 0912-31-272 Station Offset Drilled Shaft Design: Soil Reduction Factor TAT Friction Values Used Skin Friction Limit = 0.88 tsf per TxDOT Houston District Practice 0 1 B-5 Roadway/Utilities 24+48,10 12.59 RT 0,7 Unit Frictional Resistance (T)SF) 2 3 4 District Date t3rncl. Elev, GW Elev. Houston 104 6-13 46.22tt N1A C„ 4— Unit Frictional Resistance oce • a • a • Note: The designer should take into account the effects of seasonal moisture variation by subtracting the accumulated skin friction at the depth to which seasonal moisture variation occurs from the total accumulated skin friction at the design tip penetration, .! Inn 111.11tl..ete F • • • 4 5 10 15 ---- 20 • It • • 1 i 6 10 16 20 25 25 30 35 30 d e p t h (Pt) 01040HAN nbs\1a197Un11WIntora On i n11140197CC1,CLG Accumulative Friction (T/FM FIGURE 5.5 -Art tart*, SKIN FRICTION DESIGN WinCore Version 3.1 + 47.3 42.3 + 37,3 E 1 + 32.3 e v (Ft) + 27.3 + 22.3 + 17.3 12.3 County Brazoria Hole Highway Fite Road Structure Control 0912-31-272 Station Offset Piling Design: No Soil Reduction Factor TAT Friction Values Used Skin Friction Limit =1.25 tsf 0 1 -� (8-1P) Roadway/Utilities 1+61.60 16.94' RT Unit Frictional Resistance (T/SF) 2 3 4 District Date Grnd. Elev. OW Elev. Houston 10-14-13 47.34 ft 37.74 ft 4— Unit Frictional Resistance Note: The designer should take into account the effects of seasonal moisture variation by subtracting the accumulated skin friction at the depth to which seasonal moisture variation occurs from the total accumulated skin friction at the design tip penetration. i E rn • • • • • 5 10 15 20 25 30 0 5 10 15 20 25 30 35 D e R t h (Ft) C;1110HANIjobfl4ai970011Mmore D©sJgn111401970014CLG Accumulative Friction {TIFF FIGURE 6,1 AlpLimplair SKIN FRICTION DESIGN linCore Version 3,1 F County Brazoria Hole Highway Fite Road Structure Control 0912-31-272 Station Offset Piling Design: No Soil Reduction Factor TAT Friction Values Used Skin Friction Limit = 1.25 tsf 0 + 46.4 +41.4 + 36.4 1 + 31.4 e v • (Ft) + 26.4 + 21.4 + 16.4 + 11.4 0 1 B-2 Roadway/Utilities 7+30.77 11.90' RT Unit Frictional Resistance (T/SF) 2 3 4 District Date Grad. Elev. GW Elev. Houston 10-14-13 46.38 ft N/A 1 • Note: The designer should take into account the effects of seasonal moisture variation by subtracting the accumulated skin friction at the depth to which seasonal moisture variation occurs from the total accumulated skin friction at the design tip penetration. elt 1 i 1 Unit Frictional Resistance • O.......-- -- ...�...._..._....... __....- . ., 0 $ 10 16 20 26 30 5 15 20 25 30 35 • D e p t h (Ft) C:V.K7HAN'jobs140197CO11Wincore Denipn111401073011CLG Accumulative Friction (TIF) FIGURE 6.2 296 ArllV tiremea. h'!4YlCEA SKIN FRICTION DESIGN WinCore Version 3.1 + 43/8 + 38.8 + 33.8 E l + 28.8 e v • (Ft) + 23.8 + 18,8 + 1348 8.8 County Brazoria Hole Highway Fite Road Structure Control 0912-31-272 Station Offset Piling Design: No Soil Reduction Factor TAT Friction values Used Skin Friction Limit = 1 25 tsf 0 0 1 B-3 Roadway/Utilities 13+29,99 6.02' LT Unit Frictional Resistance (TISF) 2 3 4 District Date Crnd. Elev. GW Elev. Houston 10-15-13 43.78 ft WA .,.-l.IS. CPNICkti f•-• Unit fitictionalResistance • • • II t Note: The designer should take into account the effects of seasonal moisture variation by subtracting the accumulated skin friction at the depth to which seasonal moisture variation occurs from the total accumulated skin friction at the design tip penetration. 5 10 16 20 25 5 10 15 20 25 ... 30 35 30 D e p t h (Ft) CAM DHANljabs140197001114'Incore Des9Vh114O197001,CLG Accumulative Friction (T1F) FIGURE 6.3 AlirPi: lir NO • kir SKIN FRICTION DESIGN WinCore Version 3.1 County Brazoria Hole Highway Fite Road Structure Control 0912-31-272 Station Offset Piling Design: No Soil Reduction Factor TAT Friction Values Used B-4 Roadway/Utilities 19+51.02 4.12' LT Skin Friction Limit = 1.25 tsf Unit Frictional Resistance (TISF) 0 + 44.3 + 39.3 + 34.3 1 + 29.3 e v (Ft) + 24.3 + 19.3 + 14.3 9.3 0 1 2 3 4 District Date Grnd. Elev. GW Elev. Houston 1045-13 44.34 ft N/A 1/4,06 G�� Unit Frictional Resistance • Note: The designer should take into account the effects of seasonal moisture variation by subtracting the accumulated skin friction at the depth to which seasonal moisture variation occurs from the total accumulated skin friction at the design tip penetration. • 5 10 16 20 25 30 5 10 15 20 25 30 35 CAM DHAN1Jcbsl4D197C01WWncore 10es3Cit11140197OD1.CLG Accumulative Friction (TIF) FIGURE 6,4 SKIN FRICTION DESIGN WinCore Version 3.1 + 46.2 +41.2 + 36.2 E 1 + 31.2 e V [Ft) + 26.2 +2112 + 16.2 11.2 County 8razoria Hole Highway Fite Road Structure Control 0912-31-272 Station Offset Piling Design: No Soil Reduction Factor TAT Friction Values Used 0 Skin Friction Limit =1.25 tsf 0 1 B-5 RoadwaylUtilities 24+48.10 12.59' RT U nit Frictional Resistance (TISF) 2 3 4 District Date Grnd. Elev. GW Elev. Houston 10.15-13 46.22 ft NIA ran • ........ L Y.... .........„... ....... Note: The designer should take into account the effects of seasonal moisture variation by subtracting the accumulated skin friction at the depth to which seasonal moisture variation occurs from the total accumulated skin friction at the design tip penetration. icole Gfi II i- Unit Frictional Resistance 4 .......... Safi • ..... 5 10 15 20 25 10 15 20 25 30 35 30 D P t h (Ft) C ;NO FIAP1t}absti401970011'Winw'o Don ign111110197001.CLG Accumulative Friction (Tin FIGURE 6.5 299 POINT BEARING DESIGN wlnCore Version 3.1 + 47.3 + 42.3 + 37.3 F. 1 + 32.3 e v (Ft) + 27.3 + 22.3 + 17.3 12.3 County Brazoria Highway Fite Road Control 0912-31-272 Diameters Below Tip Checked TAT Bearing Values Used Hole Structure Station Offset 0 B-1 (B-1P) Roadway/Utilities 1+61 60 16.94' RT District Date Grnd. Elev, GW Elev. Houston 10-14-13 47.34 ft 37.74 ft check of In if the values softer/weaker developing proposed of the underlying the tip shaft layers and should capacity, exist softer/weaker within use the allowable designer two shaft layers, point diameters should if exist. bearing Shaft 24 inches Size: and < _ 48 inches For > 0 1 2 3 4 6 Q 5 10 15 20 25 30 e p t (Ft) C:'MOHlwSjobsti10197001'WIneareOcsI ni1I01070O1.CLG Point Bearing (T$F) FIGURE 7.1a 300 r*rF POINT BEARING DESIGN Wincore Version 3.1 + 47.3 + 42.3 + 37.3 B 1 + 32,3 e v (Ft) + 27.3 + 22.3 + 17.3 12.3 County Brazoria Highway Fite Road Control 0912-31-272 Diameters Below Tip Checked = TAT Bearing Values Used Hole S tructure Station O ffset 0 B-1 (5.1 P) Roadway/Utilities 1+61 60 16.94' RT District Date Grnd. Elev. SW Elev. Houston 10-14-13 47.34 ft 37,74 ft In if the values softer/weaker developing proposed of the ! tip underlying the shaft layers and should I within use weaker the allowable designer two shaft layers, point diameters should if check of For > 48 Shaft inches Size 1 capacity, exist softer/ _ exist. bearing 1 2 3 4 6 10 15 D e. p t h 20 (Ft) 25 30 35 C V.IOhAN'{oba44O197OO11Wiincore Design1114O197CO1.CLG Point Bearing (TSF) FIGURE 7.1b 301 POINT BEARING DESIGN WinCore Version 3.1 + 46.4 + 41.4 + 36.4 E 1 + 31.4 v • 'Ft) + 26.4 +21,4 + 16.4 11.A County Brazoria Highway Fite Road Control 0912-31-272 Diameters Below Tip Checked TAT Bearing Values Used Hole Structure Sthtion Offset 0 l3.2 Roadway/Utilities 7+30 77 11.9D' RT District Date Grnd. Elev. GW Blev Houston 10-14-13 46.38 ft NIA the values softer/weaker developing proposed of the I underlying the tip shaft layers and should capacity, exist softer/weaker I within use the allowable two designer shaft layers, point 1 diameters should if exist. bearing check of Shaft inches Size: < 48 inches In if For > 24 and 0 1 3 4 6 10 15 D e 1' t h 20 (Ft) 25 30 36 G:W12HANljobsV4O1Q?D 11VuMncoreDoslgnl1V1O1197031.C1Ia Point Bearing (TSF) FIGURE 7,2a s•totaramas PAIN' BEARING DESIGN WinCore Version 3.1 E 1 • (Ft) + 46.4 + 41.4 + 36,4 + 31.4 26.4 + 21.4 + 16.4 11A County Brazoria Highway Fite Road Control 0912-31-272 Diameters Below Tip Checked TAT Bearing Values Used Hole Structure Station Offset B-2 RoadwaylUtitities 7+30 77 11.90' RT District Houston Date 10-14-13 Grnd, Elev, 45,38 ft OW Elev. NIA �_�--. In if the values softer/weaker developing proposed of the underlying the tip shaft layers and should capacity, exist softer/weaker within use the allowable designer two shaft layers, point diameters should if exist. bearing check of Shaft pekes Size For > 48 0 1 2 3 4 5 6 0 5 10 15 D p t h 20 (Ft) 25 30 35 CAMPHAMMO10t97CQ1\Wingvre Pgsign11140197C01.CLG Point Bearing {TSB'} FIGUR5 7.2b 303 POINT BEARING DESIGN WinCore Version 3.1 +43.8 38,8 +33.8 1 + 28.8 e v • (Ft) + 23.8 + 18.8 + 13.8 8.8 County Erazorla Highway Fite Road Control 0912-31-272 Diameters Below Tip Checked = TAT Bearing Values Used Hole Structure Station Offset 0 8 3 Roadway/Utilities 13+29.9S 6.02' LT District Date Grnd. Elev_ GW Elev. Houston 10-15-13 4t3,79 ft NIA For Shaft Size: > 24 inches and < 48 inches In developing the shaft capacity, the designer should check if softer/weaker layers exist within two shaft diameters of the proposed tip and should use allowable paint hearing values of the underlying softer/weaker layers, if exist. 1 0 5 10 15 D e p t h. 20 (Pt) 25 - 30 0 1 2 3 4 5 6 35 C:.'NAHAN; sk44197fl4114'denixgeOuaTAT 114197001.GLG Point Bearing (TSF) FIGURE 7.3a 304 POINT BEARING DESIGN WlnCnre Version 3.1 + 43.8 + 33.8 + 28.8 e 1 (Ft) + 23.$ • 18.8 + 13.8 8.8 County Brazoria Highway Fite Road Control 0912-31-272 Diameters Below Tip. Checked TAT Bearing Values Used Hole Structure Station Offset 0 R.3 Roadway/Utilities 13+29.99 6.02' LT District Date Grnd. Elev. GW Elev. Houston 10-15-13 43.70 tt NIA ...----- In the values softer/weaker developing proposed the , underlying the tip shaft layers and should capacity, exist softer/weaker 1 within use the allowable designer two shaft layers, paint J diameters should if check of Shaft inches Size 1 if exist. bearing For 48 of 0 2 3 4 6 5 10 15 0 e t h 20 (Ft) 25 30 C;'MDI1 4 cbs149197W1\WInccre Deeapn111491970O1.C1.15 Point Bearing (TSF) FIGURE 7.3b POINT BEARING DESIGN WInCore Version 3,1 + 44.3 + 39.3 + 34.3 E 1 + 29.3 e v • (Ft) + 24.3 + 19.3 + 14.3 r 9.3 County Brazoria Highway Fite Road Control 0912-31-272 Diameters Below Tip Checked TAT Bearing Values Used Hole Structure Station Offset 0 B-4 RoadwaylUtilities 19+51,02 412'LT District Date Grnd. Elev. SW Elev. Houston 10-15-13 44.34 ft NIA the values softer/weaker developing proposed of the tip underlying the shaft layers and should capacity, exist softer/weaker within use the allowable two designer shaft layers, point diameters should if check of Size: and < 48 inches In if exist. bearing For Shaft > 24 inches 0 1 3 4 5 6 0 5 10 15 e p t h 20 (Ft) 25 30 35 C;V.4QHAViabs14019?C011Wincara Deaignt1140197001.CLG Point Bearing (TSF) FIGURE 7.4a POINT EEARNG DESIGN WinCore Version 3.1 + 44.3 • 39.3 + 34.3 1 + 29.3 e v 2 [Ft) 4.3 + 19.3 + 14.3 r 9.3 County Brazoria Highway Fite Road Control 0912.31-272 Diameters Below Tip Checked TAT Bearing Values Used Hole Structure Station Offset 0 B-4 RoadwayfUtilities 19+51.02 4.12' LT District Date Grnd. Elev. GW Elev. Houston 10-15-13 44.34 ft NJA For SIhaft Size: > 24 inches and ' 48 inches In developing the shaft capacity, the designer should check if softer/weaker layers exist within two shaft diameters of the proposed tip and should use allowable point hearing values of the underlying softer/weaker layers, if exist. 1 2 3 4 5 6 0 5 10 15 D e p t h 20 (Ft) 25 3© 35 C%1QHAVijo 2tis4197C011WIncore De44On\t 140197001.CLG Point Bearing (TSF) FIGURE 7.4b POINT BEARING DESIGN WinCore Version 3.1 + 46.2 + 41.2 + 36.2 F 1 + 31.2 e v (Ft) + 26.2 + 2'1,2 + 16.2 + 11.2 County Brazorla Highway Fite Road Control 0912-31-272 Diameters Below Tip Checked = TAT Bearing Values Used Hole Structure Station Offset 0 B-5 Roadway/Utilities 24+48.10 12.50' RT District Date Grnd. Elev. GW Elev.. Houston 10-15-13 46.22 ft N/A L For Shaft Size: > 24 inches and 48 inches In developing the shaft capacity, the designer should check if softer/weaker layers exist within two shaft diameters of the proposed tip and should use allowable point bearing values of the underlying softer/weaker layers, if exist. 0 1 2 3 4 5 6 C MQHr Nyohs1gp1970O11WIrrwe Oaslgn1114C16701Y.CLG Point Bearing (TSF) FIGURE 7.Sa POINT BEARING [DESIGN W inCore Version 3.1 + 46.2 + 41.2 + 36.2 F + 312 e (Ft) ¢ 26.2 + 21.2 + 16.2 + 11.2 County Brazoria Highway Fite Road Control 09124131=272 Diameters Below Tip Checked TAT Bearing Values Used Hole Structure Station Offset 0 B-5 Roadway/Utilities 24+48.10 12,59'' RT District Date Grnd. Elev. GW Elev. Houston 10-15-13 46 22 ft NIA the allowable designer two shaft layers, point diameters should if exist. bearing check of In if the values softer/weaker developing proposed of the underlying the tip layers shaft and should capacity, exist softer/weaker within use Shaft inches Size For > 48 1 2 3 4 5 6 0 10 15 D e p t h 20 (Ft) 25 30 35 C:Vd011AN110b041401970014.Vdnca'h aOSInnV114D1 g7001.CLG Point Bearing (TSF) FIGURE 7.5b 309 Job No.1140197001 q TYPICAL SOIL PARAMETERS Where: See Table 2 for typical values of sod parameters r' = Submerged unit weight of cohesive soil, ref; Unit weight of water, pcf; q = Surcharge load at surface, psf; P. = Lateral pressure, psf; PI = Active earth pressure, psf; Pq Horizontal pressure due to surcharge, psf; Pw = Hydrostatic pressure due to groundwater, psf; H = Depth of braced excavation, feat c = Shear strength of cohesion soil, psf; BRACED WALL For /Ric 4 Pi=0.3yc"H =yyH=62.4H P,=0.5q TRENCH SUPPORT EARTH PRESSURE SUBMERGED COHESIVE SOIL Ge otest Engineering, Inc. -41 4 • FIGURE 8.1 310 Job No.1140197001 H COHESIVE COHESIUNLESS or SENI_CQHESIONLESS COHESIVE TYPICAL SOIL PARAMETERS 5ee Table 2 for typical values of soil parameters Y6' d + ys' (e-d7 + Ye' (H-e) Y avg H Yw = 62.4 pcf Where: oyci 7: 7w 7',vy = Average submerged unit weight of soil, pcf ; q = Surcharge load at surface, psf; P, = Lateral pressure, psi:, Pt = Active earth pressure psf; Pr, = Horizontal pressure due to surcharge, psf; p4. = Hydrostatic pressure due to groundwater, psf; H = Depth of braced excavation, feet 1--- pw BRACED WALL PI-0-3Y'avg 1i Pv Pq YwIi=62.4H 0.59 Submerged unit weight of cohesive soil, pcf ; Submerged unit weight of cohesioniess or semiecohcsionless soil, pcf ; Unit weight of water, pcf; 1---T P9-44 TRENCH SUPPORT EARTH PRESSURE SUBMERGED COHESIVE SOIL INTERBEDDED WITH COHESIONLESS OR SEMI-COHESIONLESS SOIL Geotest Engineering, Inc. 1 FIGURE $. Job No. 1140197001 1 COHESIVE COHESIONLESS or SEMI-COIIESIONLESS TYPICAL SOIL PARAMETERS Where: • See Table 2 for typical values of soil parameters ye' d + yI' (H-d) Virg mmmm H • ye' = Submerged unit weight of cohesive soil, pcf; y.' = Submerged unit weight of cohesionless soil, pcf; y'.•e = Average submerged unit weight of soils, pef; q = Surcharge load at surface, psf; Pa = Lateral pressure, psf; Pi = Active earth pressure, psf; Pq = Horizontal pressure due to surcharge, psf; Po. = Ilydrostatic pressure due to groundwater, psf; H = Depth of braced excavation, feet BRACED WALL = 0.8 y'�„ H Pw=62.4H Pr' = 4.S q TRENCH SUPPORT EAR1'kl PRESSURE • SUBMERGED COHESIVE SOIL OVER COIYESIONLESS OR SEMI-COHESIONLESS SOIL Ce otest Engineering, Inc. FIGURE 8.3312 tesi c7 N • z q • 'TYPICAL SOIL PARAMETERS Where: See Table 2 for typical values of soil parameters K„C — 1.0 iy2 = Submerged unit weight of cohesive soil, pet Ka = Coefficient of at -rest earth pressure in cohesive soil; yw = Unit weight of water, pcf; q = Surcharge load at surface, psf; Po = Lateral pressure, psf; Pi = At -rest earth pressure, psf; Pq = Honzontal pressure due to surcharge, psf; Pw = Hydrostatic pressure due tq groundwater, psf; H = Depth of excavation, feet 2 PERMANENT WALL Pi= yq' H • P.,=TwH=62.4H Pq=0.5 q LATERAL EARTH PRESSURE DIAGRAM FOR PERIV1 ANENT WALL SUBMERGED COITESIVE SOIL Ge o test Engineering, Inc. Pq FIGURE 9.1 313 Job No. 3.140197001 COHESIVE COHESIONLESS or SEMI -COPES IONLESS COHESIVE TYPICAL SOIL PARAMETERS See Table 2 for typical values of soli parameters KIM =1.0 IC. =1-sin 0. yt,=62.4pcf Where: • —I i— Pa --� PERMANENT WALL Pic=y.'dK� Pit =y, dKa Pz = Pu + y.' (e-d) K.& P:c [yc' d + y' (e-d)] Ka P3 = [Yd d + y' (e-d) + y.' (H-e)] Ka PI, =orsH=62.4H P,=0.5q T.' = Submerged unit weight of cohesive soil, pcf; y.' = Submerged unit weight of cohesioniess or semi-cohesionless soil, pot ¢, = internal friction angle of cohcsionless or semi-cohesionless soil, degree; K.t = Coefficient of earth pressure at rest in cohesive soils; Ku, _ Coefficient of earth pressure at rest in cohesionless or semi-cohesionless soil; y. = Unit weight of water, pcf; q = Surcharge load at surface, psf; Pa = Lateral pressure, psf; Pi, Pfr, PL. = Earth pressure at rest, psf; i = 1, 2, 3; Pq = Horizontal pressure due to surcharge, psf; P., = Hydrostatic pressure due to groundwater, psf; H = Height of wall, feet LATERAL EARTH PRESSURE DIAGRAM FOR PERMANENT WALL SUBMERGED COHESIVE SOIL INTERBEDDED WITH COHESIONLESS OR SEMI-COHESIONLESS SOIL Geotest Engivneering, Inc. FIGURE 2 314 b No. 1140197001 q COHESIONLhSS PF SEMI-COHESIONLESS TYPICAL SOIL PARAIVJETERS See Table z for typical values of soil parameters 1 p PERMANANT WALL PIS =rfo' [l K« I't,=Kos P? _ rw d + yyl (H-d)] lCu Pint H = 62.4.H Pq OE5q = Submerged unit weight of cohesive soil, pof; y'6 = Submerged unit weight of cohesionless or semi-cohesionless soil pcf; (1). = Internal friction angle of cohesionless or semi-cohesionless soil, degree; K.017 = Coefficient of at -rest earth pressure in cohesive soil; Ka, = Coefficient of at -rest earth pressure in, cohesionless or semi-cobesionless soil; yw = Unit weight of water, pot q = Surcharge load at surface, psf; • Pa = Lateral pressure, psf; Pig, Pb. = At -rest earth pressure, psf; i =1, 2; Pc = Horizontal pressure due to surcharge, psf; P., = Hydrostatic pressure due to groundwater, psf; 11 = Height of wall„ feet LA'l.'it AL EARTH PRESSURE DIAGRAM FOR PERIVIANENT WALL SUBMERGED COHESIVE SOIL OVER COI-IRSIONLESS OR SEMI-COI-iESIONLESS SOIL Ge otest Engineering, /no. FIGURE 9315 JOtb NO, 1141Wi7! V • (a) DEAD WEIGHT OF STRUCTURE (6) WEIGHT OF SOIL ABOVE BASE EXTENSION PLUS DEAD WEIGHT OF STRUCTURE F, pw —' ni`w Fa=AbPW Wt p See Table 2 far typical values of soil parameters Where: Ab Am cm Fu Fr H K Pm Pw i'z'3 W W2 a &,a ve ainblr 110. Zvi =Hyw Fu=AbP., Wirt W Sit z • (c) SOIL -WALL FRICTION PLUS DEAD WEIGHT OF STRUCTURE _,y„ a A.' a*ay 4 . 11;13Vtgar 'A.w o,6 RA xi OlI ill" Li .pw — Hyw f A )Fu=AbP, y1= v $f� Sfa F Predominantly Cohesive Soils, Fr= son..I4 ER'm" V a em Am Predominantly Cohesionless Soils, Fr= pmAmK tan Sm area of base, sq. ft. cylindrical surface area of layer "m" , sq. fl:. undramed cohesion of soil layer "m", ps£ hydrostatic uplift force, lbs. frictional resistance, lbs. height of buried structure, ft. coefficient of lateral pressure 0.5. average overburden pressure for layer "m," psf, hydrostatic uplift pressure, psf. factor of safety. dead weight of concrete structure, lbs. weight of backfip above base extension, lbs. cohesion reduction factor = 0.5. friction angle between soil layer "rn" and concrete wall, degrees = 0.75 Om internal angle of friction of soil layer "m ', degrees. unit weight of water = 62.4 pef. UPLIFT PRESSURE AND RESISTANCE Geotest Engineering, Inc. FIGURE 10 6 Job No.1140197001 CUT IN COHESIVE SOIL, DEPTH OF COHESIVE SOIL UNLIMITED (T>017 Bd L = LENGTH OF CUT I1„/„/:,.............„..... . ir a • a a FAILURE SURFACE If sheeting terminates at base of cut: NC Safety factor, Fs yH } 1\1c Bearing capacity factor, which depends on dimensions of the excavation . Ed , L and II (use Nc from graph below) - C = Undrained shear strength of day in failure zone beneath and surrounding base of cut Y = Wet unit weight of soil (see Table 2) q Surface surcharge (assume q = 500 psf) If safety factor is less than 1.5, sheeting or soldier piles must be carried below the base of cut to insure stability - (see note) Ba Note : If soldier piles are used, the feet center to center spacing should HI Buried length - Force on buried length, PH not exceed 3 times the width or diameter of soldier pile , 2 Bd If H, > — — , Pn = 0.7 (y IFIBd - 1.4Cf=1 - raid) in Ibsi linear foot 3 s/2 2 Ed If Hi < 3, PH 9 8 7 6 5 =13Hj(YH 1.4CH ad i or ma at ea redif-//4717-1.------- i1 1 1 1 __I 0 1 2 3 Hi%d For trench excovut+on_ For square pit or circle shaft 4 5 in lbs/ linear foot STABILITY OF BOTTOM FOR BRACED CUT • Gooiest Engineering, Inc. FIGURBII TABLES Table Summary of Boring Information 1 Summary of Soil Parameters for LPile Input 2 Geotechnical Design Parameter Summary — Open -Cut Excavation 3 318 TABLE 1 SUMMARY OF BORING INFORMATION DEPTH (ft) BORING NO. STATION OFFSET ELEVATION (ft) 35 B-1 (B-1P) 1+61.60 16.94' RT 47.34 B-2 7+30.77 11.90' RT 46.38 30 B-3 13+29.99 6.02' LT 43.78 20 B-4 19+51.02 4.12' LT 44.34 20 B-5 24+48.10 12.59' RT 46.22 30 Note: I . Survey information was provided to us by Klotz Associates, Inc. • 319 TABLE 2 Elevation (feet) From To 47 45 42 36 16 45 42 36 16 12 Depth (feet) From To 0 2 5 11 31 5 2 5 11 31 5 35 SUMMARY OF SOIL PARAMETERS FOR LPILE INPUT FITE ROAD Lpile Program Soil Type Stiff Clay Stiff Clay Stiff Clay Sand Stiff Clay Boring No. B-1 Submerged (pcf) 64 64 65 57 68 Unit Weight (Ibs/in3) 0 03704 0.03704 0.03762 0.03299 0.03935 Undrained Cohesion (psf) 1000 4500 1400 2300 Notes: 1. Use groundwater level at ground surface (flood condition). 2. Use internal defult p-y subgrade modulus k computed by LPile (input k as 0). (psi) 6.94444 31 25000 9.72222 15.97222 Internal Friction Angle (degree) 30 650 0.011 0.011 0.016 0.012 320 TABLE 3 GEOTECHNICAL DESIGN EXCAVATION SUMMARY OPEN Boring Nos. Stratigraphic Unit Cohesive Cohesionless Cohesive Cohesive Cohesionless Cohesive Cohesive Cohesive Range of Depths, ft 0-2 2-5 5-11 11-31.5 31.5-35 0-11 11-16.5 16.5-30 0-10 10-16 16-20 0-16 16-20 20-30 64 64 65 57 68 Undrained Cohesion psf 129 129 130 119 130 129 120 127 122 126 128 124 136 128 Note: 1. Cohesive soils include clay, sandy clay, and silty clay. 2. Cohesionless soils include silty sand. 1,000 4,500 1,400 2,000 1,000 600 2,000 400 1400 Internal Friction Angle, 4), de'ree 321 APPENDIX A Figure Logs of Borings A-1 thru A-5 Symbols and Terms Used on Boring Logs A-6 322 1 of 1 WinCore Version 3.1 County Brazoria Highway Fite Road CSJ 0912-31-272 DRILLING Hole Structure Station Offset LOG B-1 (B-1P) Roadway/Utilities 1+61 60 16.94' RT District Date Grnd. Elev GW Elev. Houston 10-14-13 47.34 ft 37.74 ft Elev. (ft) L 0 G Penetrometer Texas Cone Strata Description Triaxial Test Properties Additional Remarks Lateral Press. (psi) Deviator1 Stress (psi) MC LL PI Den. (pcf) Wet 36.3 15.8 10.8 5 10 15 20 25 30:`'•.• 35 40 45 50 55 an -1 -,/ 1 _ j 14 (6) 10 (6) CLAY, (CL) sandy, stiff to hard, gray 14 w/grass gray w/calcareous w/ferrous stains % % passing passing roots & yellowish 6'-11' nodules No. No. 0'-2' nodules 200 200 brown and sieve sieve 3 4'-11' ferrous -11' = = 17% 14% 126 5 114 49 30 131 19 19 (6) 14 (6) 10 20___0 26 34 17 12 9 (6)11 (6) _ ~.,..•• : ;': SAND, brown silty, (SM) slightly compact, 25 : 16 (6) 17 (6) 23 ::!:• ;; .. 14 (6)16 (6) 22_ 11 (6) 13 (6) 20 12 (6)15 (6) CLAY, and and stiff yellowish calcareous to very stiff, brown nodules gray w/sand (CH) seams 3 - _32 22 60 36__ 'L30 — — — — Remarks:1) Any where ground this — information was water Dry auger elevation was to 11.5 at information collected. 8.42 ft. and ft. after The wet provided 15 actual rotary from on groundwater reading. this 11.5 boring to 4) log elevation 35 Water is ft. representative 2) level may Free water of encountered conditions due at 9.6 to time, ft. in existing at Piezometer climatic 11.0 on ft. conditions, during the B-1 clay drilling P and on and/or 10-15-13. for the 3) construction Water specific level location activity. measured fluctuate measured min. Driller: Dempsey Gearen C:\Jobs\114019700111140197001. CLG Logger: John A. Gentry Organization: Geotest Engineering, Inc FIGURE A-1323 DRILLING LOG 1 of 1 WinCore Version 3.1 County Brazoria Highway Fite Road CSJ 0912-31-272 Hole Structure Station Offset B-2 Roadway/Utilities 7+30 77 11.90' RT District Date Grnd. Elev. GW Elev. Houston 10-14-13 46.38 ft N/A (ft) (ft) ( L G0 Penetrometer Texas Cone Strata Description Triaxial Test Properties Additional Remarks Lateral Press. (psi) Deviator Stress (psi) MC LL PI Den (pcf) Wet I 35.4 29.9 14.9 10 15 20 25 30 35 40 45 50 55 RO .7S —r 5 � ' 4 6 () 5 (6) CLAY, (CH) soft to hard, dark gray 19 w/grass gray w/ferrous stains w/calcareous gray w/sand very % w/sand w/ferrous stains w/calcareous passing 2'-5' 3'-11' and soft 18'-30' roots seams seams nodules yellowish 10'-11' nodules No. nodules nodules 0'-2' 5'41 18'-18'4" 200 and brown sieve and 5'-10' 19'-30' ferrous ferrous = 19% 16 132 131 5 63 1.9 24 54_32 .� _/ — 3 6 () 4 ( 6) 10 18 24 628 � 125_ _� 26_ �1 —� -• -'''. 27 (6) 22 (6) SAND, silty, compact, gray (SM) _> _i 7 9 (6) 10 (6) CLAY, soft brown (CH) to very stiff, reddish —20_-31 21 25 63 _39 128 —� 6) 11 (6) —r _ -, 0 25 27 24 71_45 12• —/ 1 9 (6) 9 0 41 24 62 3: —/ — — — — — Remarks: 1) ground was water Dry auger measured elevation to 11.5 at was 9.0 ft. not ft. and after determined wet rotary 15 min. during reading from the 11.5 to course 30 of ft. this 2) Free boring. water encountered at 11.0 ft. during drilling. 3) Water level The Driller: Dempsey Gearen C: \Jobs\ 114019700111140197 001. C L G Logger: John A. Gentry Organization: Geotest Engineering Inc. FIGURE A-2324 DRILLING LOG 1 of 1 lir Mtn ittrrit.0' WinCore Version 3.1 County Brazona Highway Fite Road CSJ 0912-31-272 Hole Structure Station Offset B-3 Roadway/Utilities 13+29.99 6.02' LT District Date Grnd. Elev GW Elev Houston 10-15-13 43.78 ft N/A Elev. (ft) L 0 G Texas Penetrometer Cone Strata Description Triaxial Test Properties , Additional Remarks Lateral Press. (psi) Deviator Stress (psi) MC LL PI Den. (pcf) Wet 27.8 22.3 5 10 15 20 25 30 35 40 45 50 55 60 _•••" _� —/ —� /" % 0," 7 (6) 9 (6) CLAY, gray (CH) soft to very stiff, dark wlgrass hard slickensided gray brown reddish gray w/ferrous nodules 1'-3' and 6'-16'6' sandy 3'-5' 3 roots 6 brown 18'-20' yellowish '-16'6" stains w/calcareous 0'-1' -1 3'5' and 10'-15' 35 1 ;gray 119 5 _ 54 _ 30 105 30 90 66 58 121 122 _ i I I I i I !very 8 12 (6) (6) 10 9 (6) (6) 0 30 30 25 2.5 _ 75 47 127 126 I 15 14 18 15 20_ (6) 8 (6)20 l 8 CLAY, and gray sandy, w/sand soft to stiff, seams (CL) brown 22-6 -- J — _ - - — — Remarks: i lie ground 1) level Dry water auger was elevation to 18.0 was ft. and at 12.08 not determined wet ft. rotary after during 15 from min. to reading. course 20.0 of this ft. 2) boring. Free water encountered at 17.0 ft. during drilling. 3) Water 18.0 the measured Driller: Dempsey Gearen C:\Jobs\1140197001\1140197001.CLG Logger: John A. Gentry Organization: Geotest Engineering, Inc. FIGURE A-3325 DRILLING LOG 1of1 Ira �` V WinCore Version 3.1 County Brazoria Highway Fite Road CSJ 0912-31-272 Hole Structure Station Offset B-4 Roadway/Utilities 19+51.02 4.12' LT District Date Grnd. Elev. GW Elev. Houston 10-15-13 44.34 ft NIA (ft) 27.8 22.8 10 15 20 25 30 35 40 45 50 55 AO Remarks: 1) Dry auger to 20.0 ft. 2) Free water encountered at 18.0 ft. during drilling. 3) Water level was measured at 12.33 ft. after 15 min. reading. Texas Cone Penetrometer 8 (6) 10 (6) 11 (6) 11 (61 _ 9 (6)11 (6) 5 (6) 6 (6) Strata Description CLAY, soft to very stiff, dark gray and gray, slickensided (CH) Triaxial Test I Properties Lateral Deviator Press. Stress (psi) (psi) Wet MC LL PI Den. (pcf) Additional Remarks 33 w/grass roots 0'-1' hard gray 2'-4' 4— 98 26 91_59 124 �7 gray & yellowish brown 4'-7' 8__68�22-- 29 CLAY, sandy, soft to medium stiff, reddish brown and gray w/sand and silt seams (CL) 27 23 _2.6 7. 47 125 2 20 9 21.—_27 10 131 wlcalcareous and ferrous nodules and ferrous stains 6'-10' reddish brown & gray 7'-16.5' w/ferrous stains 10'-15' w/sand & silt seams 16.5'-17' The ground water elevation was riot determined during the course of this boring. Driller: Dempsey Gearen C:\Jobs\114019700111140197001. CLG Logger: John A. Gentry Organization: Geotest Engineering, Inc. FIGURE A-4326 DRILLING LOG 1 of 1 tew Ain WmCore V^-sion 3.1 County Brazoria Highway Fite Road CSJ 0912-31-272 Hole Structure Station Offset B-5 Roadway/Utilities 24+48.10 12.59' RT District Date Grnd. Elev. GW Elev. Houston 10-15-13 46.22 ft N/A Elev. (ft) L 0 G Texas Penetrometer Cone Strata Description Triaxial Test Properties Additional Remarks Lateral Press. (psi) Deviatorl Stress (Psi) MC LL PI Den. (pcf) Wet 29.7 26.2 14.7 5 10 15 _0 —% ,_� � / / ge(6)9(6) / 5 (6) 7 (6) CLAY, gray nodules soft and to gray, and very slickensided ferrous stiff, stains dark (CH) w/ferrous 30 w/grass gray gray w/calcareous reddish reddish w/sand soft w/ferrous stains 2'4' & 20 yellowish 26'-30' roots brown seams -21.5' brown brown 0'-2' nodules nodules nodules & 10'-16,5' 18'-20' & brown gray gray and 6'-10' 8'-10' 27'-30' 28'-30' 4'-8' ferrous 26 121_ 5 46 32 103_66 119 35 -� 4 (6) 5 (6) —% 10 35-100_66 25 125 _29 �_28— 0 41 62_ 38_13_0_ 20_ 6 (6) 7 (6) CLAY, silty, seams soft, (CL) reddish brown 2D 6 21 25_10 _'t2�_ w/silt 20 OsCLAY, Fr / � 11 (6) 13 (6) stiff slickensided to very stiff, reddish (CH) brown, 3.5 _24 28 26 74 47 124 25 30 35 40 45 50 55 nn 12 (6)13 (6) 20 24 _67_ 42 132 w/calcareous reddish Remarks: ground level 1) water Dry auger was elevation to 20.0 was ft. at not and 10.75 determined wet rotary ft. after during 15 from 20,0 reading. the course ft. to 30.0 of this ft. boring. 2) Free water encountered at 18.0 ft. during drilling. 3) Water measured min. The Driller: Dempsey Gearen C:\Jobs\1140197001 \1140197001.CLG Logger: John A. Gentry Organization: Geotest Engineering Inc FIGURE A-5327 ob No. 1L-J197001 SYMBOLS AND TERMS USED ON BORING LOGS r Asphaltic Concrete Fill SOIL TYPES (SHOWN IN SYMBOL COLUMN) O 0 C )00 0 0 C ) 0 0 O 0 C Gravel ••• •••• SS•IP • - •:t •••••• Sand SILT . CLAY LEAN Sandy Pi cher CLAY LEAN Barrel CLAY Predominant type shown heavy SAMPLER TYPES (SHOWN IN SAMPLES COLUMN) Nx Core . Shelby Tube z Piston Splt No Spoon Recovery Auger TERMS DESCRIBING CONSISTENCY OR CONDITION Basic. Soil Type Cohesionless Cohesive (1) Density or Consistency Very loose Loose Medium dense Dense Very dense Very soft Soft Firm/Medium stiff Stiff Very stiff Hard Standard Penetration i Resistance, ( I Blows/ft. Less than 4 4to<10 10 to <30 30 to <50 50 or greater Less than 2 2 to <4 4 to <8 8to<15 15 to <30 30 or greater Unconfined_ Compressive .S.trength.(q„), t2I Tons/sq. ft. Not applicable N ot applicable N ot applicable Not applicable Not applicable Less than 0.25 0.25 to <0.5 0.5 to <1 0 1.0to<20 2.0 to <4.0 4 or greater Number of blows from 140-Ib. weight falling 30-in. to drive 2-in. OD, 1-3/8-in. ID, split barrel sampler (ASTM D1586) (2) q„ may also be approximated using a pocket penetrometer TERMS CHARACTERIZING SOIL STRUCTURE Parting: -paper thin in size Slickensided Fissured Laminated Interbedded Calcareous Well graded Poorly graded Flocculated Seam -1/8" to 3" thick Layer: -greater than 3" - having inclined planes of weakness that are slick and glossy in appearance. - containing shrinkage cracks, frequently filled with fine sand or silt; usually more or Tess vertical. - composed of thin layers of varying color and texture. - composed of alternate layers of different soil types. - containing appreciable quantities of calcium carbonate. - having wide range in grain sizes and substantial amounts of all intermediate particle sizes. - predominantly of one grain size, or having a range of sizes with some intermediate size missing - pertaining to cohesive soils that exhibit a loose knit or flakey structure. Geotest Engineering, Inc. FIGURE A-6 328 APPENDIX B Figure Summary of Laboratory Test Results B-1 thru B-5 Grain Size Distribution Curves B-6 California Bearing Ratio (CBR) of Laboratory — Compacted Soils B-7a thru B-7c Dry Density versus Laboratory CBR B-7d 329 FIGURE B-1 330 FIGURE B-2 331 lies 1 TYPE OF MATERIAL 0 0 Xota Clay 0 U O U 0 U O U Cloy, Sondy Cloy, Sondy LL = uguia Unlit PL = Plastic Limit PI = Plasticity Index POCKET PENE— TROMETER L 4. -a O Or. v C •- . C v VI N Wz Q > 0 r O .0 N ... to _ O 0 TRIAXIAL COMPRESSION TEST (U—U) tit 0L. t-• U 0. tO II) O 1.08 0 t Shear Strength (tsf) Q1 r 0.50 d' to 6 UNCONFINED COMPRESSION TEST Shear Strength (tsf) co O Iil — N .-. to 00 a.0. zt" 0. ATTERBERG LIMITS a to m 58 N v to J 0. tP r) N r) 28 tO J J 105 0 Q) in N 22 O Z� 0 Q1 0) ZOL O LEGEND: UD = UNDISTURBED SAMPLE, EXTRUDED IN FIELD SS = SPLIT SPOON SAMPLE AG = AUGER CUTTINGS PB = PITCHER BARREL SAMPLE Nx = Nx—DOUBBLE BARREL SAMPLE F- WWr Q Z•,—. .O U N M 0 O O SZ 25 O 20 0. Ln t!) O a SAMPLE N O. F- UD UD UD UD UD 0 UD UD UD BORATOI ENGINE Bottom 1.0 0 r) 5.0 8.0 0 O 0 to 0 tp 20.0 n 0.0 O •t7 O to co 8.0 t() O ri to to 18.0 d O O Z .- N r) N to h co tT Z tY O O Z a) to 1 m FIGURE B-3 332 ties 1 TYPE OF MATERIAL T O 0 T O Eli Clay T O E.3 Clay - _--i T O U Clay, Sondy Clay, Sondy fest POCKET PENE— TROMETER I o a+r �� in s- In TORVANE Shear Strength (tsf) TRIAXIAL COMPRESSION TEST (U—U) 6 CO L-•---0 UQ' O N O CO in O 1.44 Shear Strength (tsf) M tO lei co Ict' . N in. 0 UNCONFINED COMPRESSION TEST Shear Strength (tsf) N O O f9 O V) W 0 <00) a ATTERBERG LIMITS E...En 47 0 J d N M 35 1 N N N J p1 tel 74 27 1 CC V7 V W .O. 0 CO O 94 01 O 80L LEGEND: UD = UNDISTURBED SAMPLE, EXTRUDED IN FIELD SS = SPLIT SPOON SAMPLE AG = AUGER CUTTINGS PB = PITCHER BARREL SAMPLE Nx = Nx—DOUBBLE BARREL SAMPLE F cc z Lir% QZ0. 38 inrol M 26 I b N N N 20 1 I—tein In o n SAMPLE el D. U D U D UD U D U D U D U D U D GB .Cr.. Bottom O Ni 5.0 8.0 o 0 13.0 Q. In 0 CO 0 0 N doi O 3.0 to 8.0 N O V) 0 v O 2 N M t U7 co N 6� O 0 z O Oz m B-4 FIGURE B-4 333 E: Roadway/Utilities IBER: 1140197001 J Q re W F Q m tL 0 W a >. o o >. 0 0 > 0 U T 0 0 >. 0 5 >. 0 5 Cloy, Silty1 Cloy, Silty T 0 0 >. 0 0 T 0 0 T 0 0 fest POCKET PENE— TROMETER Shear Strength (tsf) TORVANE Shear Stren th (tsf) TRIAXIAL COMPRESSION TEST (U—U) N . N ova 0 d to n o N n o a a Shear Strength (tsf) t0 t0 a O 1 (4 N O UNCONFINED COMPRESSION TEST Shear Strength (tsf) co a to N 0.72 V, O z04 Wr rn L l QOtn az ATTERBERG LIMITS a O o O to 38 0 r� a 42 J d N. to a n 24 to N. N to N J J to 0 O 0 62 25 74 N. CO CC ci t t) Q. W 0 (0 m t') 0) 104 CV 97 tD 0 LEGEND: UD = UNDISTURBED SAMPLE, EXTRUDED IN FIELD SS = SPLIT SPOON SAMPLE AG = AUGER CUTTINGS PB = PITCHER BARREL SAMPLE Nx = Nx—DOUBBLE BARREL SAMPLE h tar. 30 LO N M n 28 25 20 N 24 28 26 24 aZK 0 0 a t" rn 0 a SAMPLE w a r U D 0 O U D U D an U D U D 0 UD UD UD UD SUMMARY OF LABORA'J Depth (ft.) Bottom 0 H7 O to 0 tp 0 O .- 0 t7 •- 0 to , 18.0 0 O N O M N O to N O 6 N 30.0 t1 1—O O ^ O �'1 O uJ O tD to O rj to (D O co to N O lei N 26.5 28.0 O z N n a in t0 N. co 0) O r .- N tM 0 z ao oz m B-5 FIGURE B-5 334 O 0 11-1013M ,l8 0 2:13S?JVOD 0 0 1N302fd 0 0 0 0 0 0 O N r') d- cr) co co rn O TANDARD SIEVE OPENINGS IN INCHES U.S. STANDARD SIEVE NUMBERS 11 3 1 .3 1 2 2 1 4 2 8 4 4 6 8 10 1416 20 30 40 50 70 100 140 200 GRAVEL SAND _ " I.p brown brown 4 Sr I b- 1 It r v, W b b vi M _ W 3 O O O 0 0 0 0 0 O I\ d' 0 0 0 0 Q1 CO (0 rf) trl N IH013M A8 r,, 2i3N13 ,, 4 n 4 1N30213d PA" re n4 ,,,, ,, ,, .;,,,, ,,, r,,,, FIGURE B-6 335 CALIFORNIA BEARING RATIO (CBR) OF LABORATORY -COMPACTED SOILS ASTM D1883 Project: Fite Road Construction from McLean Road to Veterans Drive Sample Location: Composite sample from borings B-1 through B-5 (0'-6') Sample Description: Yellowish brown and gray Clay Liquid Limit: 75 Plastic Limit: 28 Method of Compaction: ►-A • ASTM D698 ASTM D1557 Blows per layer: 10 Sample Condition: ® soaked 0 unsoaked Dry Density before soaking 73.7 pcf Dry Density after soaking 68.9 pcf Moisture Content: Swell Bearing Ratio Surcharge Before compaction After compaction Top 1-in layer after soaking Average after soaking 6.92 0.11 % (r1 soaked 10 lbs 22.3 22.2 44.6 44.2 unsoaked) Geotest Engineering, Inc. Job No.: 1140197001 Plasticity Index: 47 FIGURE B-7a 336 CALIFORNIA BEARING RATIO (CBR) OF LABORATORY -COMPACTED SOILS ASTM D1883 Project: Fite Road Construction from McLean Road to Veterans Drive Sample Location: Composite sample from borings B-1 through B-5 (0'-6') Sample Description: Yellowish brown and gray Clay Liquid Limit: 75 Plastic Limit: 28 Method of Compaction: ri ■ ASTM D698 ASTM D1557 Blows per layer: 25 Sample Condition: 0 soaked 0 unsoaked Dry Density before soaking 91.9 pcf Dry Density after soaking 84.3 pcf Moisture Content: Swell Bearing Ratio Surcharge Before compaction After compaction Top 1-in layer after soaking Average after soaking 22.4 22.2 47.5 44.5 % 9.07 0.28 % (® soaked 0 unsoaked) 10 lbs Geotest Engineering, Inc. Job No.: 1140197001 Plasticity Index: 47 FIGURE B-7b 337 CALIFORNIA BEARING RATIO (CBR) OF LABORATORY -COMPACTED SOILS ASTM D1883 Project: Fite Road Construction from McLean Road to Veterans Drive Sample Location: Composite sample from borings B-1 through B-5 (0'-6') Sample Description: Yellowish brown and gray Clay Liquid Limit: 75 Plastic Limit: 28 Method of Compaction: Sample Condition: ASTM D698 ASTM D1557 Blows per layer: 56 ® soaked ❑ unsoaked Dry Density before soaking 102.3 pcf Dry Density after soaking 93.3 pcf Moisture Content: Before compaction After compaction Top 1-in layer after soaking Average after soaking Swell 6.88 % Job No.: 1140197001 Plasticity Index: 47 22.7 22.6 % 42.9 35.8 % Bearing Ratio 0.81 % (0 soaked ❑ unsoaked) Surcharge 10 lbs Geotest Engineering, Inc. FIGURE B-7c 338 C BR (SOAKED), PERCENT 1.50 1.25 1.00 0.75 0.50 0 25 0.00 Project: Fite Road Reconstruction from McLean Road to Veterans Drive Sample Location: Composite sample from borings GB-1 through GB-5 (0'-6') Sample Description: Yellowish brown and gray Clay Liquid Limit: 75 Dry Density (pcf): 98 Plastic Limit: 28 Plasticity Index: 47 CBR 56 blows/layer =0.75 I I I I I 25 blows/layer I I I I 1 10 blows/ ayer I I I I I 60.0 70.0 80.0 90.0 100.0 DRY DENSITY AS MOLDED, PCF DRY DENSITY VERSUS CBR (ASTM D 1883) Geotest Engineering, Inc. 110.0 120.0 FIGURE B-7d 339 APPENDIX C Figure WinCore Soil Strength Analysis — Drilled Shaft Design C-1 thru C-5 WinCore Soil Strength Analysis — Piling Design C-6 thru C-10 340 SOIL STRENGTH ANALYSIS WinCore Version 3.1 County Brazoria Highway Fite Road Control 0912-31-272 TAT Values Preferentially Used Strata No. Elev (Feet) From To 1 47.3 2 42.3 3 36.3 4 15.8 42.3 36.3 15.8 12.3 TCP Unit Friction 0.00 0.33 0.23 0.38 Hole Structure Station Offset TAT Cohesion (PSF) 5004 1440 0 2304 B-1 (B-1 P) Roadway/Utilities 1+61.60 16.94' RT TAT Phi Degrees 0.0 0.0 0.0 0.0 District Date Grnd Elev. GW Elev. Houston 10-14-13 47.34 ft 37.74 ft Soil reduction factor of 0.7 applied TAT Unit Friction (TSF) 0.88 0.25 0.23 0.40 Accumulative Friction (T/F) 4.38 5.89 10 69 12.30 C:'MOHANyobs\40197001\Wincore Design11140197001.CLG FIGURE C-1 341 tor SOIL STRENGTH ANALYSIS WinCore Version 3.1 County Brazoria Highway Fite Road Control 0912-31-272 TAT Values Preferentially Used Strata No. 1 2 3 4 5 6 Elev. (Feet) From To 46.4 41.4 39.9 36.4 34.9 29.9 41.4 39.9 36.4 34.9 29.9 16.4 TCP Unit Friction 0.00 0.13 0.00 0.10 0.43 0.26 Hole Structure Station Offset TAT Cohesion (PSF) 4536 0 1296 0 0 2095 B-2 Roadway/Utilities 7+30.77 11.90' RT TAT Phi Degrees 0.0 0.0 0.0 0.0 0.0 4.1 District Date Grnd. Elev GW Elev Houston 10-14-13 46.38 ft N/A Soil reduction factor of 0.7 applied TAT Unit Friction (TSF) 0.79 0.13 0.23 0.10 0.43 0.38 Accumulative Friction (T/F) 3.97 4.16 4.95 5.10 7.24 12.52 C:\MOHAN\jobs\40197001\W incare Design\1140197001.CLG FIGURE C-2 342 SOIL STRENGTH ANALYSIS WinCore Version 3.1 County Brazoria Highway Fite Road Control 0912-31-272 TAT Values Preferentially Used Strata No. Elev. (Feet) From To TCP Unit Friction 1 43.8 27.8 0.26 2 27.8 23.8 0.19 Hole Structure Station Offset TAT Cohesion (PSF) 1842 1080 B-3 Roadway/Utilities 13+29.99 6.02' LT TAT Phi Degrees 0.0 0.0 District Date Grnd. Elev. GW Elev Houston 10-15-13 43.78 ft N/A Soil reduction factor of 0.7 applied TAT Unit Friction (TSF) 0.32 0.19 Accumulative Friction (T/F) 5.16 6.01 C:\MOHANyobs\40197oo1\wincore Design\1140197001.CLG FIGURE C-3 343 -f;,:h.; SOIL STRENGTH ANALYSIS WinCore Version 3.1 County Brazoria Highway Fite Road Control 0912-31-272 TAT Values Preferentially Used Strata No. Elev (Feet) From To TCP Unit Friction 1 44.3 27.8 0.28 2 27.8 24.3 0.13 Hole Structure Station Offset TAT Cohesion (PSF) 2559 648 B-4 Roadway/Utilities 19+51.02 4.12' LT TAT Phi Degrees 0.0 0.0 District Date Grnd. Elev. GW Elev Houston 10-15-13 44.34 ft N/A Sod reduction factor of 0.7 applied TAT Unit Friction (TSF) 0.45 0.11 Accumulative Friction (T/F) 7.39 7.84 C:\MOHAN\jobs\40197001\Wincore Design\1140197001.CLG FIGURE C-4 344 ifr SOIL STRENGTH ANALYSIS WinCore Version 3.1 County Brazoria Highway Fite Road Control 0912-31-272 TAT Values Preferentially Used Strata No. Elev. (Feet) From To 1 46.2 2 41.2 3 39.7 4 36.2 5 34.7 6 31.2 7 29.7 8 26.2 41.2 39.7 36.2 34.7 31.2 29.7 26.2 16.2 TCP Unit Friction 0.00 0.17 0.00 0.13 0.00 0.24 0.00 0.29 Hole Structure Station Offset TAT Cohesion (PSF) 3312 0 2088 0 2952 0 432 1980 B-5 Roadway/Utilities 24+48.10 12.59' RT TAT Phi Degrees 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 District Date Grnd Elev. GW Elev. Houston 10-15-13 46.22 ft N/A Soil reduction factor of 0.7 applied TAT Unit Friction (TSF) 0.58 0.17 0.37 0.13 0.52 0.24 0.08 0.35 Accumulative Friction (T/F) 2.90 3.15 4.43 4.62 6.43 6.78 7.05 10 69 C:\tv1OHAN\jobs\40197001\Wincore Design\1140197001.CLG FIGURE C-5 345 r,+.-n Air Pt- Nn.nm«r SOIL STRENGTH ANALYSIS WinCore Version 3.1 County Brazoria Highway Fite Road Control 0912-31-272 TAT Values Preferentially Used Strata No. Elev (Feet) From To 1 47.3 2 42.3 3 36.3 4 15.8 42.3 36.3 15.8 12.3 Hole Structure Station Offset B-1 (B-1 P) Roadway/Utilities 1+61.60 16.94' RT Skin Friction Limit = 1.25 tsf TCP Unit Friction 0.00 0.48 0.33 0.54 TAT Cohesion (PSF) 5004 1440 0 2304 TAT Phi Degrees 0.0 0.0 0.0 0.0 District Date Grnd. Elev. GW Elev. Houston 10-14-13 47.34 ft 37.74 ft No soil reduction factor applied TAT Unit Friction (TSF) 1.25 0.36 0.33 0.58 Accumulative Friction (T/F) 6.25 8.41 15 26 17.57 C:\MOHAN\jobs\40197001\Wincore Design \1140197001.CWG FIGURE C-6 346 SOIL STRENGTH ANALYSIS WinCore Version 3.1 County Brazoria Highway Fite Road Control 0912-31-272 TAT Values Preferentially Used Strata No. Elev (Feet) From To 1 46.4 2 41.4 3 39.9 4 36.4 5 34.9 6 29.9 41.4 39.9 36.4 34.9 29.9 16.4 Hole Structure Station Offset Skin Friction Limit TCP Unit Friction 0.00 0.18 0.00 0.14 0.61 0.37 B-2 Roadway/Utilities 7+30 77 11.90' RT 1.25 tsf TAT Cohesion (PSF) 4536 0 1296 0 0 2095 TAT Phi Degrees 0.0 0.0 0.0 0.0 0.0 4.1 District Date Grnd. Elev GW Elev. Houston 10-14-13 46.38 ft N/A No soil reduction factor applied TAT Unit Friction (TSF) 1.13 0.18 0.32 0.14 0.61 0.54 Accumulative Friction (T/F) 5.67 5.94 7.07 7.28 10.35 17.89 C:\MOHAN\jobs\40197001\Wincore Oesign\1140197001.CLG FIGURE C-7 347 Tele SOIL STRENGTH ANALYSIS WmCore Version 3.1 County Brazoria Highway Fite Road Control 0912-31-272 TAT Values Preferentially Used Strata No. Elev (Feet) From To Hole Structure Station Offset B-3 Roadway/Utilities 13+29.99 6.02' LT Skin Friction Limit = 1.25 tsf TCP Unit Friction 1 43.8 27.8 0.37 2 27.8 23.8 0.27 TAT Cohesion (PSF) 1842 1080 TAT P h i Degrees 0.0 0.0 District Date Grnd. Elev GW Elev. Houston 10-15-13 43,78 ft N/A No soil reduction factor applied TAT Unit Friction (TSF) 0.46 0.27 Accumulative Friction (T/F) 7.37 8.58 C:\MOHAN\jobs\40197001\Wincore Design\1140197001,CLG FIGURE C-8 348 SOIL STRENGTH ANALYSIS WinCore Version 3.1 County Brazoria Highway Fite Road Control 0912-31-272 TAT Values Preferentially Used Strata No. Elev (Feet) From To Hole Structure Station Offset B-4 Roadway/Utilities 19+51.02 4.12' LT Skin Friction Limit = 1.25 tsf TCP Unit Friction 1 44.3 27.8 0.40 2 27.8 24.3 0.18 TAT Cohesion (PSF) 2559 648 TAT Phi Degrees 0.0 0.0 District Date Grnd Elev. GW Elev. Houston 10-15-13 44.34 ft N/A No soil reduction factor applied TAT Unit Friction (TSF) 0.64 0.16 Accumulative Friction (T/F) 10.56 11.21 C:\MOHAN\jobs\40197001\Wincore Design\1140197001.CLG FIGURE C-9 349 iftyre ererzwri SOIL STRENGTH ANALYSIS WinCore Version 3.1 County Brazoria Highway Fite Road Control 0912-31-272 TAT Values Preferentially Used Strata No. Elev. (Feet) From To 1 46.2 2 41.2 3 39.7 4 36.2 5 34.7 6 31.2 7 29.7 8 26.2 41.2 39.7 36.2 34.7 31.2 29.7 26.2 16.2 Hole Structure Station Offset B-5 Roadway/Utilities 24+48.10 12.59' RT Skin Friction Limit = 1.25 tsf TCP Unit Friction 0.00 0 24 0.00 0.18 0.00 0.34 0.00 0.41 TAT Cohesion (PSF) 3312 0 2088 0 2952 0 432 1980 TAT Phi Degrees 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 District Date Grnd Elev GW Elev. Houston 10-15-13 46.22 ft N/A No soil reduction factor applied TAT Unit Friction (TSF) 0.83 0.24 0.52 0.18 0.74 0.34 0.11 0.50 Accumulative Friction (T/F) 4.14 4.50 6 33 6.60 9.18 9 69 10.07 15.27 C:\MOHAN\jobs140197001\Wincore Design\1140197001.CLG FIGURE C-10 350 CE Determination Form '.ighway: Fite Road District: Houston County: Brazoria County CSJ #: 0912-31-272r Associated CSJs: N/A Limits/From: McLean Road Limits/To: Veterans Drive Select the specific CE: (c) List (c)(23) Federally funded projects that receive limited feq (d) list funding :r? By my signature below, I confirm that I have reviewed the project file and I have determined that: The project does not involve unusual circumstances, leading to significant environmental impacts, including: • Significant impacts to planned growth or land use for the area • Relocation of significant numbers of people • Significant impacts on any natural, cultural, recreational, or other resource • Signficant air noise, or water quality impacts • Significant impacts on travel pattems' • Other impacts which, individually or cumulatively, have significant environmental impacts The project does not involve substantial controversy on environmental grounds The project will not have a significant impact on properties protected by Section 4(f) of the DOT Act or Section 106 of the National Historic Preservation Act. The project does not involve any inconsistencies with any Federal, State, or local law, requirement, or administrative determination relating to the environmental aspects of the action. reviewed by: Courtney e� Title: Environmental Coordinator Date: ' O - 1-- I certify that I did not prepare the CE documentation for this project, and I have reviewed the project file documentation and the proposed determination, and I concur that the project is appropriately classified. Reviewed by: Enter Peer Reviewer Name Signature Select the correct determination below: ■ Title: Enter Peer Reviewer Title Date: Determination of Categorical Exclusion for a Project Assigned to TxDOT by FHWA The State has determined that this project has no significant impact(s) on the environment and that there are no unusual circumstances as described in 23 CFR 771.117(b). As such, the project is categorically excluded from the requirements to prepare an environmental assessment or environmental Impact statement under the National Environmental Policy Act. The State has been assigned, and hereby certifies that it has carried out, the responsibility to make this determination pursuant to Chapter 3 of Title 23, United States Code, Section 326 and a Memorandum of Understanding dated December 6, 2013, executed between the FHWA and the State. Determination of Categorical Exclusion for a State Project This project will have no significant impacts on the environment. I approve this project as a categorical exclusion. Project Not Assigned to TxDOT by FHWA The State has detemlined that this project is not a project type assigned to the State by FHWA, and determines that this project is ready for FHWA review. Approved by: Enter Approver Name Si. ature Title: Enter Approver Title Date: 10 •— i °351