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HomeMy WebLinkAboutR2018-191 2018-12-17 RESOLUTION NO. R2018-191 A Resolution of the City Council of the City of Pearland,Texas,awarding a bid for construction services associated with the Shadow Creek Ranch Bike/Pedestrian Trail Project, to Texas Wall and Landscape, LLC, in the amount of$1,636,959.60. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That competitive bids for the construction of the Shadow Creek Ranch Bike/Pedestrian Trail Project have been reviewed and tabulated. Section 2. That the City Council hereby awards construction services bid to Texas Wall and Landscape, LLC, in the amount of$1,636,959.60. Section 3. The City Manager or his designee is hereby authorized to execute a construction services contract for the Shadow Creek Ranch Bike/Pedestrian Trail Project. PASSED, APPROVED and ADOPTED this the 17th day of December, A.D., 2018. TOM REID MAYOR ATTEST: ifNG La 1 = ';•'' ="'• %\ Y SE ETARY APPROVED AS TO FORM: 041"--.' DARRIN M. COKER CITY ATTORNEY R2018-191 Project Manual for: SHADOW CREEK BIKE AND PEDESTRIAN TRAIL SOUTH OF CLEAR CREEK FROM SHADOW CREEK RANCH NATURE TRAIL TO KIRBY DRIVE N° Pt44, et e 41/4 % 9C TEX- -EARL „ci, AS es 1. 1 8 9 0r COP Project No.: PK 1401 TxDOT Project No.: STP 2016 (785) MM TxDOT CSJ 0912-31 -292 ,,,.'a,,PNDSCgp --__ Bid No.: 0618-45 ' 4.0: 4' JA., 1• t•I i4wi June 2018 615 •'g :P OreOF Prepared by: Alfilip TALLEY LANDSCAPE ARCHITECTS, INC. Landscape Architecture and Planning P.O. Box 211, Orchard, Texas 77464 I Office 281.341.5601 I Cell 713.304.0505 I Fax 281.232.3613 Project Manual for: Shadow Creek Bike and . Pedestrian Trail South of Clear Creek from Shadow Creek Ranch Nature Trail to Kirby Drive COP Project No. : PK 1401 Bid No. : 0618-45 June 2018 Prepared By: Er A TALLEY LANDSCAPE ARCHITECTS, INC. Landscape Architecture and Planning P.O. Box 211, Orchard, Texas 77464 I Office 281.341.5601 I Cell 713.304.0505 I Fax 281.232.3613 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/engineering-and-capital-pro j ects/engineering/standard- construction-documents (or at http://www.pearlandtx.gov/by going to the Department of Engineering, Engineering Construction Documents). Doc Page No. Document Title No. INTRODUCTORY INFORMATION 00010-T TxDOT Table of Contents 3-7 00015 List of Drawings 8-10 BIDDING REQUIREMENTS 00100 Invitation to Bid 11-14 00110-T Item 1L-LGPP Abbreviations &Definitions Supplement 15-26 00200 Instructions to Bidders 27-35 00200A-T Instructions to Bidders Appendix: LGPP Bid Checklist 36-37 00210-T Item 2L-LGPP Supplement to Instructions to Bidders 38-44 00300 Bid Proposal 45-46 00300A Bid Form 47 00310-T Item 3L-LGPP Award and Execution of the Contract 48-51 00456 Bidder's Certificate of Compliance with Buy America Program 52 00457 Conflict of Interest Questionnaire 53-54 CONTRACTING REQUIREMENTS AGREEMENT 00500 Standard Form of Agreement(LGPP) 55-61 00500A Standard Form of Agreement Appendix A: Title VI Nondiscrimination Assurances 62-63 00500B Standard form of Agreement Appendix B: House Bill 89 Verification 64 00550 Ethics Certification Form 1295 65 BONDS AND CERTIFICATES 00610 Performance Bond 66-67 00611 Payment Bond 68-69 00612 One-Year Maintenance Bond 70-71 00615 Partial Waiver of Lien 72 3 00010-T-1 CITY OF PEARLAND TABLE OF CONTENTS GENERAL CONDITIONS 00700 General Conditions of Agreement Table of Contents 73-77 General Conditions of Agreement 78-113 Attachment No. 1 —Worker's Compensation Insurance Coverage 114-116 Attachment No. 2—Agreement for Final Payment and Contractor's Sworn Release 117-120 Attachment No. 3 —Owner's Insurance Requirements of Contractor 121-130 00770-T Item 4L-LGPP General Conditions & Scope of Work 131-136 00780-T Item 5L-LGPP General Conditions & Control of Work 137-144 00790-T Item 6L-LGPP Control of Materials 145-150 00795-T Item 7L-LGPP Legal Relations and Responsibilities 151-163 00796-T Item 8L-LGPP Prosecution and Progress 164-175 00797-T Item 9L-LGPP Measurement and Payment 176-183 SUPPLEMENTARY CONDITIONS 00800 Special Conditions of Agreement 184-185 00811-T Wage Rates 186-189 00850-T TxDOT LGPP Requirements 190 • FHWA-1273 Required Contract Provisions 191-202 • Bidder Certification 203 • Buy America Provision 204-205 • Buy America—Material Statement 206 • Child Support Statement 207 • Child Support Certification 208 • Child Support Business Ownership Form 209 • Contractor Acknowledgment of Stormwater Mgmt Program 210 • Contractor's Assurance 211 • Debarment Certification 212 • Differing Site Conditions 213 • Disadvantaged Business Enterprises (DBE)Provisions 214-220 • Disadvantaged Business Enterprise Requirements 221 • DBE Commitment Agreement Form 222 • DBE Material & Supplier Commitment Agreement Form 223 • DBE Substitution Request Form 224 • DBE Commercially Useful Function Project Site Review 225 • DBE Trucking Credit Worksheet 226 • DBE Good Faith Effort—Prime Contractor 227-228 • DBE Monthly Progress Report 229 • DBE/SBE Prompt Payment Certification 230 • DBE Prime Contractor Payments to Non-DBE Subcontractors 231 • DBE Final Report 232 • Equipment Rental Rates 233-234 • Lobbying Certification Forms 235-236 • Non-Collusion Statement 237 • Affidavit 238 • Payroll Verification Information 239 • Prison Produced Materials Provision 240 4 00010-T-2 CITY OF PEARLAND TABLE OF CONTENTS • Railroad Insurance Provision (when work is in Railroad ROW) 241-242 • SBE Monthly Progress Report 243 • TxDOT Certificate of Insurance—Form 1560 244-245 2014 LOCAL GOVERNMENT SPECIAL PROVISIONS SP000-002L-Nondiscrimination 246-247 SP000-003L-Certification of Nondiscrimination in Employment 248 SP000-004L-Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity(Executive Order 11246) 249-252 SP000-005L- Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 253-256 SP000-394L-Disadvantaged Business Enterprise in Federal-Aid Contracts 257-263 SP002-011L- Instructions to Bidders 264 SP007-001L-Legal Relations and Responsibilities 265-266 SP506-001L-Temporary Erosion, Sedimentation, and Environmental Controls 267-277 GENERAL NOTES 2014 TxDOT General Notes 278-284 City of Pearland General Notes 285 Brazoria Drainage District#4 General Notes 285-286 Project General Notes 286-287 2014 TxDOT STANDARD SPECIFICATIONS Item 168 Vegetative Watering 288 Item 506 Temporary Erosion, Sedimentation, and Environmental Controls 289-300 Item 528 Colored Textured Concrete and Landscape Pavers 301-304 2014 TxDOT SPECIAL SPECIFICATIONS Item 1002 Landscape Amenity 305 CITY OF PEARLAND SPECIAL SPECIFICATIONS 02200S Site Preparation Supplemental 306 02916 Soil Treatment 307-312 02921S Hydromulch Supplemental 313-319 02922S Sodding Supplemental 320-323 02931S Landscape and Tree Planting Supplemental 324-337 02932 Wildflower Seeding 338-342 02940 Exterior Landscape Maintenance 343-350 5 00010-T-3 CITY OF PEARLAND TABLE OF CONTENTS CITY OF PEARLAND SPECIFICATIONS DIVISION 1 —GENERAL REQUIREMENTS 01100 Summary of Work 351-352 01110 Allowances 353-355 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,Backfill, and Embankment Materials 02316 Excavation and Backfill for Roadways 02317 Excavation and Backfill for Structures 02318 Excavation and Backfill for Utilities 02330 Embankment 02335 Subgrade 02370 Geotextile 6 00010-T-4 CITY OF PEARLAND TABLE OF CONTENTS 02510 Water Mains 02511 Water Meters 02515 Water Tap and Service Line Installation 02520 Valve Boxes, Meter Boxes & Meter Vaults 02534 PVC Pipe 02582 Thermoplastic Pavement Markings 02603 Frames, Grates, Rings, and Covers 02630 Storm Sewers 02631 Precast Inlets,Headwalls, and Wingwalls 02751 Concrete Pavement 02762 Temporary and Removable Reflectorized Pavement Marking 02770 Curb, Curb & Gutter, and Headers 02771 Concrete Sidewalks 02910 Topsoil 02921 Hydromulch Seeding 02922 Sodding 02931 Landscape and Tree Planting 02980 Pavement Repair and Resurfacing 02981 Blast Cleaning of Pavement DIVISION 3—CONCRETE 03300 Cast In Place Concrete 03310 Structural Concrete END OF DOCUMENT 00010-T-5 CITY OF PEARLAND LIST OF DRAWINGS Document 00015 LIST OF DRAWINGS Page No. Drawing Title 1 TITLE SHEET 2 INDEX OF SHEETS 3 TYPICAL SECTIONS 4 GENERAL NOTES 1 OF 5 5 GENERAL NOTES 2 OF 5 6 GENERAL NOTES 3 OF 5 7 GENERAL NOTES 4 OF 5 8 GENERAL NOTES5OF5 9 SUMMARY OF TRAIL QUANTITIES 10 SUMMARY OF SW3P QUANTITIES 11 SUMMARY OF LANDSCAPE QUANTITIES 12 TRAFFIC CONTROL NARRATIVE AND SEQUENCING 13 BARRICADE AND CONSTRUCTION STANDARD BC(1)-14 14 BARRICADE AND CONSTRUCTION STANDARD BC(2)-14 15 BARRICADE AND CONSTRUCTION STANDARD BC(3)-14 16 BARRICADE AND CONSTRUCTION STANDARD BC(4)-14 17 BARRICADE AND CONSTRUCTION STANDARD BC(5)-14 18 BARRICADE AND CONSTRUCTION STANDARD BC(6)-14 19 BARRICADE AND CONSTRUCTION STANDARD BC(7)-14 20 BARRICADE AND CONSTRUCTION STANDARD BC(8)-14 21 BARRICADE AND CONSTRUCTION STANDARD BC(9)-14 22 BARRICADE AND CONSTRUCTION STANDARD BC(10)-14 23 BARRICADE AND CONSTRUCTION STANDARD BC(11)-14 24 BARRICADE AND CONSTRUCTION STANDARD BC(12)-14 25 TRAFFIC CONTROL PLAN STANDARD TCP(1-4)-18 26 SURVEY CONTROL INDEX SHEET 1 OF 6 27 SURVEY CONTROL INDEX SHEET 2 OF 6 28 SURVEY CONTROL INDEX SHEET 3 OF 6 29 SURVEY CONTROL INDEX SHEET 4 OF 6 30 SURVEY CONTROL INDEX SHEET 5 OF 6 31 SURVEY CONTROL INDEX SHEET 6 OF 6 32 HORIZONTAL AND VERTICAL CONTROL 1 OF 2 33 HORIZONTAL AND VERTICAL CONTROL 2 OF 2 34 HORIZONTAL ALIGNMENT DATA 1 OF 4 35 HORIZONTAL ALIGNMENT DATA 2 OF 4 36 HORIZONTAL ALIGNMENT DATA 3 OF 4 37 HORIZONTAL ALIGNMENT DATA 4 OF 4 38 PLAN AND PROFILE 1 OF 12 8 00015-1 CITY OF PEARLAND LIST OF DRAWINGS 39 PLAN AND PROFILE 2 OF 12 40 PLAN AND PROFILE 3 OF 12 41 PLAN AND PROFILE 4 OF 12 42 PLAN AND PROFILE 5 OF 12 43 PLAN AND PROFILE 6 OF 12. 44 PLAN AND PROFILE 7 OF 12 45 PLAN AND PROFILE 8 OF 12 46 PLAN AND PROFILE 9 OF 12 47 PLAN AND PROFILE 10 OF 12 48 PLAN AND PROFILE 11 OF 12 49 PLAN AND PROFILE 12 OF 12 50 SIDEWALK DETAILS 51 STANDARD PAVING DETAILS 52 STORM INLET DETAILS 53 BEDDING & BACKFILL STORM SEWER DETAILS 54 STORM MANHOLE DETAILS 55 MISCELLANEOUS SEWER DETAILS 56 STANDARD WATER DETAILS 1 OF 2 57 STANDARD WATER DETAILS 2 OF 2 58 TXDOT STORM WATER POLLUTION PREVENTION PLAN (SWP3) 59 ENVIRONMENTAL PERMITS, ISSUES AND COMMITMENTS (EPIC) 60 STORMWATER POLLUTION PREVENTION PLAN 1 OF 7 61 STORMWATER POLLUTION PREVENTION PLAN 2 OF 7 62 STORMWATER POLLUTION PREVENTION PLAN 3 OF 7 63 STORMWATER POLLUTION PREVENTION PLAN 4 OF 7 64 STORMWATER POLLUTION PREVENTION PLAN 5 OF 7 65 STORMWATER POLLUTION PREVENTION PLAN 6 OF 7 66 STORMWATER POLLUTION PREVENTION PLAN 7 OF 7 67 TEMPORARY ESWP CONTROL MEASURES STANDARD EC(1)-16 68 TEMPORARY ESWP CONTROL MEASURES STANDARD EC(2)-16 69 TEMPORARY ESWP CONTROL MEASURES STANDARD EC(3)-16 70 TEMPORARY ESWP CONTROL MEASURES STANDARD EC(9)-16 71 TEMPORARY ESWP CONTROL MEASURES STANDARD EC(9)-16 72 TEMPORARY ESWP CONTROL MEASURES STANDARD EC(9)-16 73 TREE PROTECTION 74 CROSS SECTIONS 1 OF 24 75 CROSS SECTIONS 2 OF 24 76 CROSS SECTIONS 3 OF 24 77 CROSS SECTIONS 4 OF 24 78 CROSS SECTIONS 5 OF 24 79 CROSS SECTIONS 6 OF 24 80 CROSS SECTIONS 7 OF 24 9 00015-2 CITY OF PEARLAND LIST OF DRAWINGS 81 CROSS SECTIONS 8 OF 24 82 CROSS SECTIONS 9 OF 24 83 CROSS SECTIONS 10 OF 24 84 CROSS SECTIONS 11 OF 24 85 CROSS SECTIONS 12 OF 24 86 CROSS SECTIONS 13 OF 24 87 CROSS SECTIONS 14 OF 24 88 CROSS SECTIONS 15 OF 24 89 CROSS SECTIONS 16 OF 24 90 CROSS SECTIONS 17 OF 24 91 CROSS SECTIONS 18 OF 24 92 CROSS SECTIONS 19 OF 24 93 CROSS SECTIONS 20 OF 24 94 CROSS SECTIONS 21 OF 24 95 CROSS SECTIONS 22 OF 24 96 CROSS SECTIONS 23 OF 24 97 CROSS SECTIONS 24 OF 24 98 TRAIL OVERVIEW 99 PLANTING AND SITE AMENITIES 1 OF 12 100 PLANTING AND SITE AMENITIES 2 OF 12 101 PLANTING AND SITE AMENITIES 3 OF 12 102 PLANTING AND SITE AMENITIES 4 OF 12 103 PLANTING AND SITE AMENITIES 5 OF 12 104 PLANTING AND SITE AMENITIES 6 OF 12 105 PLANTING AND SITE AMENITIES 7 OF 12 106 PLANTING AND SITE AMENITIES 8 OF 12 107 PLANTING AND SITE AMENITIES 9 OF 12 108 PLANTING AND SITE AMENITIES 10 OF 12 109 PLANTING AND SITE AMENITIES 11 OF 12 110 PLANTING AND SITE AMENITIES 12 OF 12 111 TRAILHEAD ENLARGEMENTS 112 AMENITIES DETAILS 1 OF 2 113 AMENITIES DETAILS 2 OF 2 114 PLANTING DETAILS 115 MAINTENANCE SCHEDULE 10 00015-3 CITY OF PEARLAND INVITATION TO BID Section 00100 INVITATION TO BID (LGPP) CITY OF PEARLAND, TEXAS Sealed Electronic Bids will be accepted for the following project, in the City's E-bid System. Electronic bids shall be submitted through the City's web site at: https://pearland.ionwave.net/Login.aspx. All interested Bidders are required to register as a "supplier" on the City's E-bid System at the above web address and clicking on "Supplier Registration". Registration provides automatic access to any changes to the Plans, Specifications or Bid time and date. However, submission of an E-bid requires completing a short registration questionnaire found on this web site. When prompted to add or remove commodity codes registrants must add the codes listed below: * Building Construction Services,New (Includes Maintenance and Repair Services) * Construction Services, General(Includes Maintenance and Repair Services) * Construction.Services, Heavy(Includes Maintenance and Repair Services) * Construction Services, Trade (New Construction) For more information regarding registration instructions, see INSTRUCTIONS TO BIDDERS, Section 00200, included in the project bid documents viewable on the web site. Questions regarding electronic bidding should be directed to City Purchasing Officer at ebids@pearlandtx.gov. All Bids submitted electronically will remain confidential until the opening date and time when they will be opened and read into the public record. Bids, shall be submitted on the form provided in the E-bid System and submitted electronically through this system to the City Purchasing Officer, City of Pearland, City Hall Annex located at 3523 Liberty Drive, Pearland, Texas 77581. Electronic bids will be accepted until 2:00 p.m., Thursday, August 16, 2018. 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: Shadow Creek Bike and Pedestrian Trail City of Pearland, Texas CSJ NO. 0912-31-292 COP PN: PK1401 BID NO.: 0618-45 A mandatory pre-bid conference will be held at the City of Pearland City Hall Annex at 3523 Liberty Drive, Pearland, Texas 77581 at 3:00 p.m. on July 26, 2018. The project will entail the construction of Shadow Creek Bike and Pedestrian Trail; consisting of Site Preparation, Concrete Sidewalks, Tree Protection, Plant Material, and Landscape Amenities. 7-2018 00100- 1 of 4 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.aspx upon registration. The documents are NOT viewable without registration. These same documents are also available at the following locations. Amtek Plan Room (713) 956-0100 4001 Sherwood Houston, TX 77092 The Associated General Contractors of America, Inc. (713) 334-7100 2400 Augusta, Suite 350 Houston, TX 77057 Virtual Builders Exchange (832) 613-0201 7035 W. Tidwell Building J, Suite 112 Houston, TX 77092 McGrawHill Construction—Dodge Reports 1-800-393-6343 CivCast USA https://www.civcastusa.com 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 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 7-2018 00100-2 of 4 12 CITY OF PEARLAND INVITATION TO BID be delivered to: Office of City Purchasing, Finance Department, City Hall Annex, 3523 Liberty Drive, Pearland, Texas 77581. The successful Bidder must furnish Performance and Payment Bonds as required 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. The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial Statement of Bidder, if requested to do so. As required by the Instructions to Bidders and as a condition of Bid acceptability, the Contractor hereby agrees: • That the Prime Contractor, the entity named herein as the Bidder, will perform thirty percent(30%)or more of the work of the Contract and that this will be reflected in monthly pay applications; • That the City,as Owner and Contract Administrator,retains the right to review and approve Contractor's and all Subcontractors' DBE Certifications and to reject any Bid or Subcontractor failing to meet these requirements; and • That the City,as Owner and Contract Administrator,retains the right to review and approve the Contractor's and all Subcontractors' qualifications to perform the Work of the Contract and to reject any Subcontractor not meeting the City's standards,as outlined in the General Conditions, or TxDOT's and FHWA qualifications for performing the Work. 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 5%. The Small Business Enterprise (SBE) goal for this project is 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 and Responsive Bidder. In identifying.this criteria the City will consider: 1)lowest total bid price for 7-2018 00100-3 of 4 13 CITY OF PEARLAND INVITATION TO BID 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 18, 2018 Second Publication date July 25, 2018 • 7-2018 00100-4 of 4 14 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. 2. ABBREVIATIONS AAR Association of American Railroads AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ACPA American Concrete Pipe Association AI Asphalt Institute AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction ALSC American Lumber Standard Committee,Inc. AMRL AASHTO Materials Reference Laboratory ANLA American Nursery and Landscape Association ANSI American National Standards Institute APA The Engineered Wood Association API American Petroleum Institute APWA American Public Works Association AREMA American Railway Engineering and Maintenance-of-Way Association ASBI American Segmental Bridge Institute ASCE American Society of Civil Engineers ASLA American Society of Landscape Architects ASME American Society of Mechanical Engineers ASNT American Society for Nondestructive Testing ASTM American Society for Testing and Materials AWC American Wood Council AWG American Wire Gage AWPA American Wood Protection Association AWPI American Wood Preservers Institute AWS American Welding Society AWWA American Water Works Association BMP Best Management Practices CFR Code of Federal Regulations CMP Corrugated Metal Pipe COE U.S.Army Corps of Engineers CRSI Concrete Reinforcing Steel Institute DBE Disadvantaged Business Enterprise DMS Departmental Material Specification EIA Electronic Industries Alliance EPA United States Environmental Protection Agency FHWA Federal Highway Administration,U.S.Department of Transportation FSS Federal Specifications and Standards(General Services Administration) GSA United States General Services Administration HUB Historically Underutilized Business 4-2018 00110-T 1 of 12 15 CITY OF PEARLAND LGPP ABBREVIATIONS AND DEFINITIONS SUPPLEMENT ICEA Insulated Cable Engineers Association IEEE Institute of Electrical and Electronics Engineers IESNA Illuminating Engineering Society of North America IMSA International Municipal Signal Association ISO International Organization for Standardization ITS Intelligent Transportation System ITE Institute of Transportation Engineers LG Local Government LGPP Local Government Project Procedures LRFD Load and Resistance Factor Design MASH Manual for Assessing Safety Hardware MPL Material Producer List(TxDOT document) NCHRP National Cooperative Highway Research Program NCR Nonconformance Report(TxDOT form) NEC National Electrical Code(Published by NFPA) NEMA National Electrical Manufacturers Association NEPA National Environmental Policy Act NESC National Electrical Safety Code NFPA National Fire Protection Association NIST National Institute of Standards and Technology NRM Nonhazardous Recyclable Material NRMCA National Ready Mixed Concrete Association NSBA National Steel Bridge Alliance NTPEP National Transportation Product Evaluation Program OSHA Occupational Safety&Health Administration,U.S. Department of Labor PCA Portland Cement Association PCI Precast/Prestressed Concrete Institute PE Professional Engineer PPI Plastics Pipe Institute PS&E Plans,Specifications,and Estimates PSL Project-Specific Location PTI Post-Tension Institute QA Quality Assurance QC Quality Control RCP Reinforced Concrete Pipe RPLS Registered Public Land Surveyor RRC Railroad Commission of Texas SBE Small Business Enterprise SFPA Southern Forest Products Association SI International System of Units SPIB Southern Pine Inspection Bureau SSPC The Society for Protective Coatings TAC Texas Administrative Code TCEQ Texas Commission on Environmental Quality TDLR Texas Department of Licensing and Regulation TGC Texas Government Code TMUTCD Texas Manual on Uniform Traffic Control Devices TxDOT Texas Department of Transportation UL Underwriters Laboratory,Inc. USC United States Code WRI Wire Reinforcement Institute WWPA Western Wood Products Association 4-2018 00110-1 2 of 12 16 CITY OF PEARLAND LGPP ABBREVIATIONS AND DEFINITIONS SUPPLEMENT 3. DEFINITIONS 3.1. Abrasive Blasting.Spraying blasts of pressurized air combined with abrasive media. 3.2. 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. 4-2018 00110-T 3 of 12 17 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. ConcreteWorks©.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. 4-2018 00110-1 4 of 12 18 CITY OF PEARLAND LGPP ABBREVIATIONS AND DEFINITIONS SUPPLEMENT I 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 services.The consultant may be the Engineer or architect of record or may provide services through and be subcontracted 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 public 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 an opening under a roadway for drainage or other purposes.Culverts may also be classified as bridges. (See Section 1.3.23.,"Bridge.") 3.42. Cycle.The activity necessary for performing the specified work within the right of way project limits once. 3.43. Daily Road-User Cost.Damages based on the estimated daily cost of inconvenience to the traveling public resulting from the work. 3.44. 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. 4-2018 00110-T 5 of 12 19 CITY OF PEARLAND LGPP ABBREVIATIONS AND DEFINITIONS SUPPLEMENT i 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. 4-2018 00110-T 6 of 12 20 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/Disincentive 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. 4-2018 00110-T 7 of 12 21 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 or 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 in 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. 4-2018 00110-T 8 of 12 22 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. Qualification.The process for determining a Contractor's eligibility to bid work. 3.100. Qualification 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 are 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. 4-2018 00110-T 9 of 12 23 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. Roadway.The portion of the highway(including shoulders)used by the traveling public. 3.119. Sandblasting,Dry. Spraying blasts of pressurized air combined with sand. 3.120. Sandblasting,Wet. Spraying blasts of pressurized water combined with sand. 3.121. 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. 4-2018 00110-1 10 of 12 24 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. 4-2018 00110-T 11 of 12 25 CITY OF PEARLAND LGPP ABBREVIATIONS AND DEFINITIONS SUPPLEMENT J 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. Verification Tests.Tests used to verify accuracy of QC and QA and mixture design testing. 3.150. Water-Abrasive Blasting. Spraying blasts of pressurized water combined with abrasive media. 3.151. Water Blasting.Spraying blasts of pressurized water of at least 3,000 psi. 3.152. 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. 4-2018 00110-T 12 of 12 26 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Section 00200 INSTRUCTIONS TO BIDDERS (LGPP) 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 of Pearland and may be used inter-changeably. 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(plans and specifications including all Addenda issued prior to bid opening). 1.3 The term "E-bid System" refers to the City's electronic bidding system. This is a web- based system (Ion Wave) that provides all Bid Documents electronically to interested parties (potential Bidders and forms the pathway for Bidders to submit bids in response to The Invitation to Bid. The term "e-bid" and/ or "electronic bid" means the Bidders' electronic response submitted on the electronic Bid Proposal with all required attachments 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 submittal process to submit a 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 software used by the contracting parties to administer the project. This system serves as the web accessed centralized project information hub for communications and document management, pay application processing and record retention for all project documentation. Operational instructions for accessing 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). 1.7 The term"Alternate(s)"or"Add Alternate(s)"as used here inter-changeably are defined as an additive work item that may be selected or rejected by the Owner based on the Owner's sole acceptance or rejection of the price proposed for this item. Alternate bid prices shall include all labor, material, equipment and overhead costs to perform the work as specified, complete in place. When selected by the Owner, the costs for an Alternate work item shall be added to the Base Bid price and made a part of the Contract price. 2. Registration for E-bid System 2.1 The Owner's E-bid System is accessible via the City's web site at haps://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. Interested Bidders MUST REGISTER as a "Supplier" by clicking on the Supplier Registration button 04-2018 00200- 1 of 9 27 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 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) 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 future bid opportunities. Downloading any project bid data will automatically place the bidder's contact information on the list of plan holders and the E-bid System will automatically send any and all updates, addenda, changes or additional information 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(cUpearlandtx.go v. 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: https://pearland.ionwave.net/Login.aspx. 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,addenda or additional information 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/Vendors providing pricing to a Bidder, register as a Supplier and download all of 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. 04-2018 00200-2 of 9 28 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 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. Failure to provide this information within the specified time frame may be cause for rejection of the Bid.: 1) A brief narrative of previous experience of the Bidder with projects of a similar nature and scope; specifically including a list of 5 representative projects completed by the Bidder of a similar nature and scope to the work covered by this proposed Contract. The references for the projects provided must include the cost of the project,Owner's name,Engineer or prime contact and telephone number; 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 including total contract value and current percent complete by payment; 3) A list of proposed subcontractors and suppliers for the project being bid and the total value of work awarded to subcontractors as shown on the Subcontractors List Bid Form; 4)A list of names, address and telephone number of references for other projects completed by Bidder; and 5)A Financial Statement of Bidder, consisting of the balance sheet and annual income statement of Bidder for the Bidder's last fiscal year end preceding the submission of the Bid Proposal, which has been audited or examined by an independent certified public accountant. The Financial Statement of Bidder shall be used to determine a Bidder's net working capital, which is defined as current assets less current liabilities. A Bidder's net working capital shall be considered evidence of the Bidder's ability to provide sufficient financial management of the project being bid. The Bidder's Financial Statement shall be clearly and conspicuously marked as "confidential", and shall be deemed and treated as confidential and excepted from the Public Information disclosure requirements of Texas Government Code Section 552.001 et seq., as such information, if released, would give advantage to a competitor or bidder, and/or would cause substantial competitive harm to Bidder. 5. Examination of Contract Documents and Site 5.1 It is the responsibility of each Bidder before submitting a Bid Proposal, to (a) examine the Bidding Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost,progress,performance or furnishing of the Work, (c)consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors, omissions or discrepancies in the Contract Documents,(f)to recognize and plan for use of the City's"Pro-Trak"software to administer the construction process and perform the work of the project. 5.2 Any reports of explorations and tests of conditions at the site which have been utilized by the Engineer in preparation of the Contract Documents will be made available to Bidders for review,but such reports are not part of the Contract Documents. Bidder may not and should not rely upon the accuracy of the data contained in such reports, interpretations or opinions contained therein, or the completeness thereof, for the purposes of bidding or construction. 04-2018 00200-3 of 9 29 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS • 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 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. i 04-2018 00200-4 of 9 30 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 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 business hours of • the Bid Opening. Bid Security shall be delivered to: Office of City Purchasing, City Hall Annex, 3523 Liberty Drive, Pearland, Texas 77581. 7.3 The Bid Security of the Successful Bidder will be retained until such time as Bidder has executed the Standard Form of Agreement,and furnished the required Performance and Payment Bonds, whereupon the Bid Security of both bidders will be returned. If the Successful Bidder fails to execute and deliver the Standard Form of Agreement and furnish the required performance and payment bonds within ten (10) days after the Notice of Award, Owner may annul the Notice of Award and shall be entitled to make a claim against the Bid Security. The Bid Security of other Bidders will be retained until the Contract is awarded and the Standard Form of Agreement becomes effective, or all bids are rejected, whereupon Bid Security furnished by all such Bidders will be returned. 8. Contract Time 8.1 The number of days in which the Work is to be Substantially Completed, as set forth in the Bid Proposal form and the Standard Form of Agreement, subject to such extension of time as may be due under the terms and conditions of the Contract Documents ("Contract Time"). All references to "time" or"days" shall be interpreted as consecutive calendar days. 9. Liquidated Damages and Early Completion Bonus 9.1 Provisions for liquidated damages and early completion bonus,if any, are set forth in the Standard Form of Agreement. 10 Substitute or "Or-Equal" Items 10.1 The Contract, if awarded, will be on the basis of the specified materials and equipment described in the Plans and Specifications without consideration of possible substitute or "or- equal" items unless otherwise stated. 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 Owner approved equal". Any substitution made by the Bidder upon which the bid is based shall be at the Bidder's sole risk. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in the Contract Documents. 04-2018 00200-5 of 9 31 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 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. 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). Failure to do so could be cause for rejection of the Bid. 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, City Hall Annex, 3523 Liberty Drive, Pearland, Texas 77581 and submitted any time prior to the opening of Bid Proposals. 04-2018 00200-6 of 9 32 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 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 ninety (90) 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. 13.5 Bid securities for unsuccessful Bidders will be returned to bidders once a successful Bidder has be identified and notified of the Owner's intent to award a contract. 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 through E-Bid. 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 ninety(90) 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 4 of these Instructions to Bidders; or 7) Bid Proposal is otherwise non-responsive. Contracts are awarded on the basis of the Lowest Responsible Bidder. 16.2 The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial Statement of bidder, if requested to do so. As required by the Instructions to Bidders and as a condition of Bid acceptability, the Contractor hereby agrees: 04-2018 00200-7 of 9 33 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 1. That the Prime Contractor, the entity named herein as the Bidder, will perform thirty percent (30%) or more of the work of the Contract and that this will be reflected in monthly pay application; 2. That the City, as Owner and Contract Administrator, retains the right to review and approved Contractor's and all Subcontractor's DBE Certifications and to reject and Bid or Subcontractor failing to meet these requirements; and 3. That the City, as Owner and Contract Administrator, retains the right to review and approve the Contractor's and all Subcontractors' qualifications to perform the Work of the Contract and to reject any Subcontractor not meeting the City's standards, as outlined in the General Conditions, or TxDOT's and FHWA qualifications for performing the Work. 16.3 Lowest Responsible and Responsive Bidder. In determining Lowest Responsible and Responsive Bidder, Owner will consider: Lowest Total Bid price for all work including Base Bid, Extra Work, Add Alternates and Cash Allowances, 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 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. 16.5 Each Bidder agrees to waive any claim it has or may have against the Owner, the Professional/Engineer, and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any bid. 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 04-2018 00200-8 of 9 34 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 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 04-2018 00200-9 of 9 35 CITY'OF PEARLD INSTRUCTIONS TO BIDDERS APPENDIX: LGPP BID CHECKLIST Section 00200A-T INSTRUCTIONS TO BIDDERS APPENDIX: LCPP IIID 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 X This Bid Security in the amount of 5% of the bidder's maximum Bid Proposal price made payable to the City Or Pearland. X 2.SECTION 00300—BID PROPOSAL X 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 X Bidder must submit with Bid Package.Failure to do so will cause Bid(s)to be rejected X 4.SECTION 00850—DEBARMENT CERTIFICATION X Bidder must submit with Bid Package.Failure to do so will cause Bid(s)to be rejected. X 5.SECTION 00850—CHILD SUPPORT STATEMENT X Bidder must submit with Bid Package.Failure to do so will cause Bids)to be rejected, X 6.SECTION 00850—CERTIFICATION REGARDING LOBBYING X 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 X INSURANCE Bidder must submit with Bid Package it'applicable for the bidder on this project. 8.SECTION 00850—CONTRACTORS ACKNOWLEDGEMENT OF X STORM WATER MANAGEMENT PROGRAM Bidder must submit with Bid Package. THE FOLLOWiNG.ITEMS APPLY ONLY TO THE BIDDER WHO WILL BE ISSUED A NOTICE OI 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 I oft 36 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 37 CITY OF PEARLAND LGPP SUPPLEMENT TO INSTRUCTIONS TO BIDDERS Section 00210-T ITEM 2L—LGPP SUPPLEMENT TO INSTRUCTIONS TO BIDDERS 1. INTRODUCTION Instructions to the Contractor in these specifications are generally written in active voice, imperative mood. The subject of imperative sentences is understood to be "the Contractor."The Owner's responsibilities are generally written in passive voice, indicative mood. Phrases such as "as approved," "unless otherwise approved," "upon approval," "as directed," "as verified," "as ordered," and"as determined"refer to actions of the Engineer unless otherwise stated, and it is understood that the directions, orders, or instructions to which they relate are within the limitations of and authorized by the Contract. 2. ELIGIBILITY OF BIDDERS Bidders on this project are not required to be prequalified through TxDOT. However, Contractors and Subcontractors are required to meet the City's standards as outlined in the General Conditions, Instructions to Bidders, and/or TxDOT's and FHWA qualifications for performing the work. 3. ISSUING BID DOCUMENTS Bid Documents may be obtained at from the City's E-bid System at: https://pearland.ionwave.net/Login.aspx. 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. 4. 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. 06-2018 00210-T 1 of 7 38 CITY OF PEARLAND LGPP SUPPLEMENT TO INSTRUCTIONS TO BIDDERS 5. 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 investigations,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. 6. 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. 06-2018 00210-T 2 of 7 39 CITY OF PEARLAND LGPP SUPPLEMENT TO INSTRUCTIONS TO BIDDERS 7. 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 does not meet the Owner's qualification requirements. 8. SUBMITTAL OF BIDS 8.1. Electronic Bids. When electronic bidding is available, the Bidder is responsible for taking the appropriate measures to submit a bid. These measures include,but are not limited to, acquiring hardware, software, and Internet connectivity needed for submitting a bid via the Owner's bidding system. 8.1.1. Bid Form. Use the electronic bid form in the Owner's bidding system. When regular bid items have corresponding replacement alternate items, select the bid item or group of items to be used for the bid tabulation. Acknowledge all addenda listed in the Owner's bidding system. The electronic bid form may not contain the special provisions, special specifications, general notes, and other Contract documents. These documents are included by reference. 8.1.2. Bid Security. Provide a bid security in the amount indicated on the bid form. Acceptable forms include a certified check, cashier's check or Bid Bond. For a joint venture,the bond must be in the name of all joint venture participants. Enter the bond authorization code into the Owner's bidding system. 06-2018 00210-T 3 of 7 40 CITY OF PEARLAND LGPP SUPPLEMENT TO INSTRUCTIONS TO BIDDERS It is the Bidder's responsibility to ensure the bid bond is issued in the name or names of the Bidder or Bidders. 8.1.3. Submittal of Bid. Submit the bid using the Owner's bidding system. 8.1.4. Revising the Bid Form. Make desired changes as allowed by the Owner's bidding system up until the time and date set for the opening of bids. The last bid submitted will be used for tabulation purposes. 8.1.5. Withdrawing a Bid. Submit an electronic or written request to withdraw a bid before the time and date set for the opening. The Owner will not accept oral requests. An electronic request must be made using the Owner's bidding system. A written request must be signed and submitted to the Purchasing Officer with proof of identification. The request must be made by a person authorized to bind the Bidder or Bidders. In the case of joint venture, the Owner will accept a request from any person authorized to bind a party to the joint venture. The Owner may require written delegation of authority to withdraw a bid when the individual sent to withdraw the bid is not authorized to bind the Bidder or Bidders. 8.2. Printed Bid. 8.2.1. Bid Form. Mark all entries in ink. As an alternative to hand writing the unit prices in the bid form, submit a typed bid form. A typed bid form must contain the information in the format shown on the "Bid Proposal" in the bid form. When regular bid items have corresponding replacement alternate items, select the bid item or group of items to be used for the bid tabulation. Acknowledge all addenda by initialing on the appropriate line of Bid Proposal Part A. Provide the complete and correct name of the Bidder submitting the bid. A person authorized to bind the Bidder must sign the bid form. In the case of a joint venture,provide the complete and correct name of all Bidders submitting the bid. In the case of a joint venture, the person signing the bid form must be authorized to bind all joint venture participants. If a bid form contains both regular items for domestic steel or iron materials and replacement alternate items for foreign steel or iron materials, the Bidder must either: • submit unit bid prices for domestic items only, or • submit unit bid prices for both the domestic and foreign items. 8.2.2. Bid Security. Provide a bid security in the amount indicated on the bid documents. Use either a certified check, cashier's check or a printed bid bond. 8.2.3. Security Check. Make the check payable to the Owner. The check must be a cashier's check, drawn by or on a state or national bank, or a state or federally chartered credit union(collectively referred to as "bank"). The check must be 06-2018 00210-T 4 of 7 41 CITY OF PEARLAND LGPP SUPPLEMENT TO INSTRUCTIONS TO BIDDERS dated on or before the date of the bid opening. Postdated checks will not be accepted. The type of check must be indicated on the face of the instrument and the instrument must be no more than 90 days old. A check must be made payable at or through the institution issuing the instrument; be drawn by a bank and on a bank; or be payable at or through a bank. The Owner will not accept personal checks teller's checks or money orders. 8.2.4. Bid Bond. Use the bid bond form provided by the Owner. Submit the bid bond with the powers of attorney attached and in the amount specified. The bond must be dated on or before the date of the bid opening, bear the impressed seal of the Surety, and be signed by the Bidder or Bidders and an authorized individual of the Surety. As an alternative for joint venture Bidders, each of the Bidders may submit a separate bid bond completed as outlined in this section. Bid bonds will only be accepted from Sureties authorized to execute a bond under and in accordance with State law. 8.2.5. Submittal of Bid. Place the completed bid form and the bid security in a sealed envelope marked to indicate the contents. When submitting by mail or delivery service,place the envelope in another sealed envelope and address as indicated in the official advertisement or in the bid documents. It is the Bidder's responsibility to ensure that the sealed bid arrives at the location described on or before the time and date set for the bid opening. To be accepted, the bid must be in the hands of the Purchasing Officer by that time of opening regardless of the method chosen for delivery. 8.2.6. Revising the Bid Form. Make desired changes to the bid form in ink and submit the bid to the Purchasing Officer. The Owner will not make revisions to a bid on behalf of a Bidder. 8.2.7. Withdrawing a Bid. Submit a written request to withdraw a bid before the time and date set for the opening. The Owner will not accept oral requests. A written request must be signed and submitted to the Purchasing Officer with proof of identification. The request must be made by a person authorized to bind the Bidder or Bidders. In the case of joint venture, the Owner will accept a request from any person authorized to bind a party to the joint venture. The Owner may require written delegation of authority to withdraw a bid when the individual sent to withdraw the bid is not authorized to bind the Bidder or Bidders. 9. OPENING AND READING OF BIDS At the time, date, and location specified in the official advertisement, the Owner will publicly open and read bids. 06-2018 00210-T 5 of 7 42 CITY OF PEARLAND LGPP SUPPLEMENT TO INSTRUCTIONS TO BIDDERS 10. TABULATING BIDS 10.1. Official Total Bid Amount. The Owner will sum the products of the quantities and the unit prices bid in the bid form to determine the official total bid amount, except as provided in Section 2.11., "Consideration of Unit Prices."The official total bid amount is the basis for determining the apparent low Bidder. The total bid amounts will be compared and the results made public. 10.2. Rounding of Unit Prices. The Owner will round off all unit bids involving fractional parts of a cent to the nearest one-tenth cent($0.001) in determining the amount of the bid as well as computing the amount due for payment of each item under the Contract. For rounding purposes, entries of five-hundredths of a cent ($0.0005) or more will be rounded up to the next highest tenth of a cent, while entries less than five-hundredths of a cent will be rounded down to the next lowest tenth of a cent. 10.3. 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. 10.4. Consideration of Unit Prices. 10.4.1. A+B Bidding. The official total bid amount will be determined by the summation of the Contract amount and the time element. The Owner will use the following formula to make the calculation: A+B1 +B2 +BX+ ... +BT The Contract amount, equal to A in the formula, is determined by the summation of the products of the approximate quantities shown in the bid and the unit bid prices bid. The time element, equal to B1, B2, BX(when phases are included as bid components), and BT (substantial completion of the project when included as a bid component), of the bid is determined by multiplying the number of working days bid to substantially complete the project, or phases,by the daily road-user cost(RUC)provided on the bid documents. When partial days are bid they will be rounded up to the nearest whole day. The formula above determines the low Bidder and establishes the Contract time. 10.4.2. "Buy America." Comply with Buy America in accordance with Section 6.1.1.. 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. 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. 06-2018 00210-T 6 of 7 43 CITY OF PEARLAND LGPP SUPPLEMENT TO INSTRUCTIONS TO BIDDERS 11. 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. 12. 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 Purchasing Officer will preside over the proceedings for the coin toss. 06-2018 00210-T 7 of 7 44 CITY OF PEARLAND BID PROPOSAL Section 00300 BID PROPOSAL Part A Date: 08/16/2018 Bid of Texas Wall and Landscape, LLC , an individual proprietorship/a corporation organized and existing under the laws of the State of Texas/a partnership consisting of Lance Dean, Joe Harper, and Jon Harper . , for the construction of: Shadow Creek Bike and Pedestrian Trail City of Pearland,Texas COP PN: PK1401 BID NO.: 0618-45 (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 Shadow Creek Bike and Pedestrian Trail, from Shadow Creek Ranch Nature Trail to Kirby Drive with all related appurtenances,complete,tested,and operational,in accordance with the Plans and Specifications prepared by the Landscape Architect., Talley Landscape Architects, Inc. - PO Box 211, Orchard, TX 77464 - Merrie Talley, 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, City Hall Annex 3523 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 the time Bidder's Initial's 10-2012 00 0-loft 45 CITY OF PEARLAND BID PROPOSAL 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 one hundred and eighty (180) 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.: 1A Date: 08/16/2018 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 Na. e: Texas Wall and Landscape, LLC By. • - T e: COO Address: 654 N. Sam Houston Pkwy E. Ste 330, Houston, TX 77060 Phone No: 713 893 4594 ATTEST: Gigi Calix (Seal, if Bidder is a Corporation) (Typed or Printed Name) , • Sign. ure Date: 08/16/2018 END OF SECTION Bidder's Initial's: (/ 10-2012 003Q -2 of 2 (/ 46 7 Shadow Creek Bike and Pedestrian Trail CSJ:0912-31-292 BID FORM •DESC. ITEM NO, CODE ITEM DESCRIPTION UNITS QUANTITY UNIT PRICE TOTAL COST - SECTION 1-MOBILIZATION - 01505 MOBILIZATION LS 1 $48,000.00 $48,000.00 01555 TRAFFIC CONTROL AND REGULATION LS 1 $60 000 00 _ $6 _000.00 01563 TREE PROTECTION AC 1.68 $48,000.00 $80,640.00 SECTION 2-EARTHWORK 02200 SITE PREPARATION STA 45.03 $2,650.00 . $119,329.50 02316 EXCAVATION CY 806.19 $30.00 _ $24,185.70 02330 EMBANKMENT CY 427.47 $30.00 $12,824.10 506 6001 ROCK FILTER DAMS(INSTALL)(TY1) LF 100 $80.00 $8,000.00 506 6011. ROCK FILTER DAMS(REMOVE) LF 100 $30.00 $3,000.00 506 6020 CONSTRUCTION EXITS(INSTALL)(TY1) SY 700 $45.00 . $31,500.00 506 6024 CONSTRUCTION EXITS(REMOVE) SY 700 $22.00 ; $15,400.00 506 6041 BIODEG EROSN CONT LOGS(INSTALL)(12") LF 5875 $5.50 $32,312.50 506 6043 BIODEG EROSN CONT LOGS(REMOVE) LF 5875 $1.20 $7,050.00 SECTION 3-SURFACE COURSES AND PAVEMENT 02770 CONC CURB(TY C1) LF 347. $150.00 $59.050.00 02770 CONC CURB(TY C2) LF 153 $240.00 $36,720.00 02771 CONCRETE SIDEWALKS(6") SF 23962 $12.50 $299,525.00 02771 CONCRETESIDEWALKS(8") SF 14938 $15.50 $231,539.00 02771 AMENITY CONCRETE(6")* SF 1476_ $16.00, $23,616.00 528 6002 COLORED TEXTURED CONC(6") SY 44.44 $315.00 $13,998.60 528; 6003 COLORED TEXTURED CONC(8") SY 12.22 $785.00 $9,592.70 SECTION 4-STRUCTURES 02630 CMP(GAL STL)(241N) LF 36 $210.00 $7,560.00 02631 TY E INLET EA 1 $6,300.00 $6,300.00 SECTION 5-UTILITIES 02511 2"WATER METER(INSTALLATION ONLY) EA 1 $6.900.00 $6.900.00 02515 2"SDR 9 CTS POLYETHELENE TUBING FOR WATER LINE LF 730_ $14.50 $10.585.00 02515 2"WATER TAP EA 1 $4,100.00 $4,100.00 SECTION 6-LANDSCAPE 02922 SODDING SY 3599 $4.50 $16,195.50 02921 HYDRO MULCH AC 2 $2,900.00 $5,800.00 02931 PLANT MATERIAL(30 GAL)(TREE) EA 67 $465.00 $31,155.00 02931 PLANT MATERIAL(45 GAL)(TREE) EA 18 $710.00 $12,780.00 02931 PLANT MATERIAL(100 GAL)(TREE) EA 22 $1,380.00 $30,360.00 02931 PLANT MATERIAL(5 GAL)(SHRUB) EA 48 $59.00 $2,832.00 02931 PLANT MATERIAL(15 GAL)(SHRUB) EA 43 $143.00 $6,149.00 02916 SOIL TREATMENT AC 3 $7,000.00 $21,000.00 02932 WILDFLOWER SEEDING AC 0.38 $19,500.00 $7,410.00 168 6001 VEGETATIVE WATERING MG 150 $100.00 $15,000.00 02940 EXTERIOR LANDSCAPE MAINTENANCE MO 12 $3,100.00 $37,200.00 SECTION 7-AMENITIES LANDSCAPE AMENITY(PICNIC TABLE)-Victor Stanley FRST- 1002 6024 6,or approved equal EA 2 $2,800.00 $5,600.00 LANDSCAPE AMENITY(TRASH/RECYCLE BIN)-Victor 1002 6025 Stanley,DYN-242,or approved equal EA 4 $3,100,00 $12,400.00 LANDSCAPE AMENITY(BENCH)-Victor Stanley,NRB-6,or 1002 6026 approved equal EA 13 $1,750.00 $22,750.00 LANDSCAPE AMENITY(SHADE STRUCTURE)-USA Shade,or 1002 approved equal EA 2_ $7,500.00 $15,000.00 LANDSCAPE AMENITY(WATER FOUNTAIN)-Elkay, 1002 LK4420BF1UDBFRK,or approved equal EA 1 $5,600.00 $5,600.00 SECTION 8-CASH ALLOWANCES 1002 6022 LANDSCAPE AMENITY(INTERPRETIVE SIGN) ALLOWANCE 4 $20,000.00 $80,000.00 1002 6023 LANDSCAPE AMENITY(TRAILHEAD SIGN) ALLOWANCE 2 $20,000.00 $40,000.00 RETAINING WALL MURALS ALLOWANCE 1 $75,000.00 $75,000.00 MITIGATION TREE PLANTING ALLOWANCE 1 $50,000.00 $50,000.00 Subtotal $1,636.959.60 TOTAL PROJECTED COST $1,636,959.60 *Trailheads and Bench Pads Adjacent to Trail 47 CITY OF PEARLAND LGPP AWARD AND EXECUTION OF CONTRACT Section 00310-T ITEM 3L—LGPP AWARD AND EXECUTION OF CONTRACT 1. AWARD OF CONTRACT The Owner will award, reject, or defer the Contract within 90 days after the opening of the bid. The Owner reserves the right to reject any or all bids and to waive technicalities in the best interest of the Owner. 1.1. Award. The Owner will award the Contract to the low Bidder as determined by Section 00200, Article 16, 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 security 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. _ 06-2018 00310-T 1 of 4 48 CITY OF PEARLAND LGPP AWARD AND EXECUTION OF CONTRACT 4. EXECUTION OF CONTRACT Provide the following within 10 days after written notification of award of the Contract: 4.1. Contract. Executed by Contractor and Surety. 4.2. Bonds. Executed performance bond,payment bond and maintenance bond in the full amount of the Contract price with powers of attorney. Provide bonds in • accordance with Table 1. Furnish the payment,performance bonds and maintenance bonds as a guaranty for the protection of the claimants and the Owner for labor and materials and the faithful performance of the work. Table 1 Bonding Requirements Contract Amount Required Bonds Less than$25,000 None $25,000 to $100,000 Payment More than$100,000 Performance and Payment 4.3. Insurance. Submit a Certificate of Insurance showing coverage's in accordance with Contract requirements. Insurances must cover the contracted work for the duration of the Contract and must remain in effect until final acceptance. Failure to obtain and maintain insurance for the contracted work may result in suspension of work or default of the Contract. If the insurance expires and coverage lapses for any reason, stop all work until the Owner receives an acceptable Certificate of Insurance. Provide the Owner with a Certificate of Insurance verifying the types and amounts of coverage as outlined in the Attachment No. 3 to General Conditions of Agreement. The Certificate of Insurance must be in a form approved by the Owner. Any Certificate of Insurance provided must be available for public inspection. 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 insurance either through their own coverage or through the Contractor's coverage. The Workers' Compensation policy must include a waiver of subrogation endorsement in favor of the Owner. For building-facilities Contracts,provide All Risk Builder's Risk Insurance to protect the Owner against loss by storm, fire or extended coverage perils on work and materials intended for use on the project including the adjacent structure. Name the Owner under the Lost Payable Clause. 06-2018 00310-T 2 of 4 49 CITY OF PEARLAND LGPP AWARD AND EXECUTION OF CONTRACT For Contracts with railroad requirements, see project-specific details for additional insurance requirements. 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. 4.4. Railroad Documents. Provide all required documents for satisfaction of railroad requirements for projects that have work which involves railroad right of way. 5. FAILURE TO ENTER CONTRACT If the Contractor fails to comply with all of the requirements in Article 3.4., "Execution of Contract,"the bid guaranty will become the property of the Owner, not as a penalty,but as liquidated damages. The Contractor forfeiting the bid guaranty will not be considered in future bids for the same work unless there has been a substantial change in design of the work. 6. APPROVAL AND EXECUTION OF CONTRACT The Contract will be approved and signed under authority of the Owner. 7. RETURN OF BID GUARANTY The bid guaranty check of the low Bidder will be retained until after the Contract has been rejected or awarded and executed. Bid bonds will not be returned. 8. 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. 06-2018 00310-T 3 of 4 50 CITY OF PEARLAND LGPP AWARD AND EXECUTION OF CONTRACT For projects with alternate bid items, the work order will identify the base bid work and additive or deductive alternate work to be performed. The Owner makes no guarantee that the additive or deductive alternate work will be required. 9. ASSIGNMENT OF CONTRACT Do not assign, sell, transfer, or otherwise dispose of the Contract or any portion rights, title, or interest(including claims) without the approval of the Owner or designated representative. The Owner must deem any proposed assignment justified and legally acceptable before the assignment can take place. 10. 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. 06-2018 00310-1 4 of 4 51 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 prescribed in 18 U.S.C. 1001. END OF DOCUMENT 52 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. Texas Wall and Landscape, LLC — 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 the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. Name of Officer Describe each employment or other business relationship with the local government officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes X No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? nYes X No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). Aft 01/21/19 Signatu of ve dor doi : business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/201P CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference,below are some of the sections cited on this form. Local Government Code k176.001 11-a):1-a):'Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: #4* (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. i Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/201 CITY OF PEARLAND STANDARD FORM OF AGREEMENT Section 00500 STANDARD FORM OF AGREEMENT (LGPP) THIS AGREEMENT is by and between City of Pearland (hereinafter called OWNER or City) and Texas Wall and Landscape, LLC (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: Shadow Creek Bike and Pedestrian Trail from Shadow Creek Nature Trail to Kirby Drive City of Pearland, Texas COP PN: PK1401 BID NO.: 0618-45 The Disadvantaged Business Enterprise (DBE) goal for this project is 5%. The Small Business Enterprise (SBE) goal for this project is 0%. DBEs and SBEs selected must be TxDOT approved. Race neutral participation is encouraged and can be achieved through various supplier and subcontracting opportunities. Article 2. ENGINEER The Work has been designed by Talley Landscape Architects, Inc. - PO Box 211, Orchard, TX 77464 - Merrie Talley who is hereinafter called ENGINEER and who is to assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work will be Substantially Complete (as defined in Article 1 of the General Conditions) within one hundred and eighty (180) days (including weekends and holidays) from the date when the Contract Time commences to run as provided in paragraph 5.01 of the General Conditions (as revised in the Special Conditions if applicable), and completed and ready for Final Payment within two hundred and twelve (212) days from the date when the Contract Time commences to run. No work will be allowed on Sundays. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 5 of the General Conditions. 2-2015 00500- 1 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT OWNER and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER one thousand dollars ($1,000.00) 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 Certificate of Substantial Completion or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER five hundred dollars ($500.00) for each day that expires after the time specified in the Certificate of Substantial Completion for completion and readiness for Final Payment. 3.3 Inspection Time. Working hours for the Pearland Inspection personnel are from 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding City approved holidays. The Contractor shall notify the OWNER of any required inspection overtime work at least 48 hours in advance and shall pay the overtime wages for the required City inspections. Article 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work in strict accordance with the Contract Documents in current funds $1,636,959.60 (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 andactual 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. 2-2015 00500-2 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 5.1.2 Each progress payment shall be less retainage as specified in Paragraph 6.06 (' ) of the General Conditions, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may upon written recommendation of the ENGINEER pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER's option, may be relieved of the obligation to fully complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under"Final Payment." 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 6.09 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 6.09. Article 6. INTEREST Interest on any overdue payment from OWNER to CONTRACTOR shall be paid in accordance with the provisions of Chapter 2251.025 of the Texas Government Code, as amended. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all available surveys, assessments, reports of explorations, investigations, and tests of subsurface conditions and drawings of physical conditions of the site. Such technical reports and drawings are not Contract Documents, and Owner makes no representations or warranties as to the accuracy of such documents or information, or to whether or not they are complete, comprehensive, or all-inclusive. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work, and CONTRACTOR assumes the risk of such subsurface and physical conditions, and shall furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and 2-2015 00500-3 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 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 at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and finish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies in the Contract Documents of which Contractor knew or should have known, and CONTRACTOR shall perform the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including any written resolution of any such conflict, error or discrepancy by ENGINEER. In the event of a conflict that was not brought to the OWNER's or ENGINEER's attention prior to the bid, the CONTRACTOR is assumed to have bid the most expensive alternative. Article 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between OWNER and 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 TxDOT Local Government Project Procedures documents (Section 00850). 8.6 Plans, consisting of sheets numbered 1 through 115 inclusive with attachments with each sheet bearing the following general title: Shadow Creek Bike and Pedestrian Trail 2-2015 00500-4 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 8.7 Instructions to Bidders and CONTRACTOR's Bid Proposal, including any Addenda referenced therein. 8.8 Technical Specifications for the Work. 8.9 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 contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from Substantial Completion against defects in materials and workmanship. CONTRACTOR agrees to repair or replace any defective work within this warranty period immediately unless such repairs require long lead time materials and equipment in which case CONTRACTOR shall provide an agreeable schedule for repairs at no additional cost to OWNER. 9.5 The Work will be completed according to the Contract Documents and in accordance with codes, ordinances, and construction standards of the City of Pearland, and all applicable laws, codes and regulations of governmental authorities. 9.6 In the event any notice period required under the Contract Documents is found to be shorter than any minimum period prescribed by applicable law, the notice period required shall be construed to be the minimum period prescribed by applicable law. 2-2015 00500-5 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 9.7 This Contract and the Contract Documents, insofar as they relate in any part or in any way to the Work undertaken therein, constitute the entire agreement between the parties hereto, and it is expressly understood and agreed that there are no agreements or promises by and between said parties, except as aforesaid, and that any additions thereto or changes shall be in writing. 9.8 The provisions of this Contract shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and the intent of the parties, but if for any reason any provision is unenforceable or invalid, such provisions shall be deemed severed from this Contract and the remaining provisions shall be carried out with the same force and effect as if the severed provision had not been part of this Contract. 9.9 The headings of the paragraphs are included solely for the convenience of reference and if there is any conflict between the headings and the text of this Contract, the Contract text shall control. 9.10 The waiver of any breach hereof shall not constitute a waiver of any subsequent breach of the same or any other provision hereof. Failure by the OWNER in any instance to insist upon observance or performance by CONTRACTOR shall not be deemed a waiver by CONTRACTOR of any such observance or performance. No waiver will be binding upon OWNER unless in writing and then will be for the particular instance only. Payment of any sum by OWNER to CONTRACTOR with knowledge of any breach or default will not be deemed a waiver of such breach or default or any other breach or default. 9.11 The CONTRACTOR acknowledges that the OWNER(through its employee handbook) considers the following to be misconduct that is grounds for termination of an employee of the OWNER: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the OWNER. The CONTRACTOR agrees that it will not, directly or indirectly; cause an employee of the OWNER to engage in such misconduct. 9.12 The CONTRACTOR agrees to comply with Appendix A(attached) of the City of Pearland's Title VI Nondiscrimination Plan Assurances. 2-2015 00500-6 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and one to CONTRACTOR. This Agreement will be effective upon execution and attestation by authorized representatives of the City of Pearland and upon the following date: De cp vsA je r I S , OWNER: CONTRACTOR: CITY OF ' • ) 1 e_xas 1A10,11 aM 1..cw sc .pe LLC By: Title: (1,VJ44" e/' Titl . G Date: �'' � If Date: a /7 a (Corporate Seal) ATTEST ... .1 A Addre s s giving notices 659Ai54 ,/4t P f Sic 330 Phone: /p3, s”, lbw Fax: qi 3• '9 '. ovf Agent for service of process: END OF SECTION 2-2015 00500-7 of 7 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. 62 (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. 63 CITY OF PEARLAND STANDARD FORM OF AGREEMENT APPENDIX B House Bill 89 Verification I, Joe Harper (Person name), the undersigned representative (hereafter referred to as "Representative") of Texas Wall and Landscape, LLC (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18)years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Pearland; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. „astir SIGNAT• E •F Air ESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 21 day of January , 2019 poL Delia Lively`. * -0 My Commission Expires { / °` :? ion vm�, N G'�ary Public No.131313185 64 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2019-440332 TEXAS WALL AND LANDSCAPE LLC HOUSTON,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/10/2019 being filed. CITY OF PEARLAND,TEXAS 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. COP PROJECT NO.PK1401 SHADOW CREEK BIKE&PEDESTRIAN TRAIL Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary HARPER,JON HOUSTON,TX United States X HARPER,JOE HOUSTON,TX United States X DEAN,LANCE HOUSTON,TX United States X TEXAS WALL AND LANDSCAPE LLC HOUSTON,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Lance Dean , and my date of birth is My address is 654 N Sam Houston Pkwy E., Ste 330 , Houston , TX , 77060 , USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in HARRIS County, State of TEXAS ,on the 10th day of January ,2019 . (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.28ab6150 Bond No. 70165421 CITY OF PEARLAND PERFORMANCE BOND - Section 00610 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § • KNOW ALL MEN BY THESE PRESENTS: That Texas Wall and Landscape, LLC of the City of Houston , County of Harris and State of Texas, as principal, and The Guarantee Company of North America USA 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 One Million Six Hundred Thirty Six Thousand (Owner), in the penal sum of$Nine Hundred Fifty Nine and 60f740.(51,636,969.60] for the payment wheeof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns,jointly and severally,by these presents: WHEREAS, the Prin al has ent ed into a certain written contract with the Owner, effective as of the]7 day of ! , 20a, (the "Contract") to commence and complete the construction of certain improvements described as follows: Shadow Creek Bike and Pedestrian Trail Kirby Drive to Shadow Creek Ranch Nature Trail City of Pearland,Texas COP PN: PK1401 BID NO.: 0618-45 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE,.THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract Work and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and Contract Documents, then.this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 •. of the Texas Government Code as amended_and all liabilities on this bond shall be determined in accordance with the provisions of said'Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change,,extension of time, alteration oi, 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 66 CITY OF PEARLAND PERFORMANCE BOND IN WITNESS WH EOF, the aid Principal and Surety have signed and sealed this instrument this /7 day of , 20/t. Principal: Surety: Texas Wall and Landscape, LLC The Guarantee Co ,?.n of No Am rica 4S A e� _ Z.By: By: Air / Kevin Mr 0r NEW Title: C Title: Attorn- Address: Address: 654 N Sam Houston Pkwy E., Ste 330 9977 W. Sam Houston Pkwy N. Ste 130 '. Houston, TX 77060 Houston, TX 77064 Telephone: (713)893-4594 Telephone: (832) 446-3350 Fax: (713)893-0048 Fax: (832) 446-6339 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAI1'I SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 12/2007 00610-2 of 2 67 Bond No. 70165421 CITY OF PEARLAND PAYMENT BOND Section 00611 PAYMENT BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That Texas Wall and Landscape, LLC of the City of .Houston , County of. Harris , and State of Texas, as principal, and The Guarantee Company of North America USA 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 One Mon HredThirty Six Thousand (Owner), in the penal sum of$ Nine HunillidredSix Fillundy Nine and 601100($1,636,959.50) 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 Prin pal has entered into a certain written contract with the Owner, effective as of the I'? day of/.).1e.142/A2.1.4_ , 20/7, (the "Contract") to commence and complete the construction of certain improvements described as follows: Shadow Creek Bike and Pedestrian Trail Kirby Drive to Shadow Creek Ranch Nature Trail City of Pearland,Texas COP PN: PK1401 BID NO.: 0618-45 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor or material to him or a subcontractor in the prosecution of the Work provided for in said Contract, then, this obligation shall be void; otherwise to remain in full force and effect; • PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this _ bond,and it does heeby 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 68 CITY OF PEARLAND PAYMENT B OND IN WITNESS W ..' OF, the said Principal and Stlrrty have signed and sealed this instrument this Pi day of ��/ v��°.�.�c , 20/ Principal: Surety: Texas Wall and Landscape, LLC The Guarantee Co ,.a of D,orth meric U/ By: ifirr Kevin McQ'1� Title: COO Title: Attorney-i -Fact - Address: Address: 654 N. Sam Houston Pkwy E. Ste 330 9977 W. Sam Houston Pkwy N. Ste 130 - :- Houston, TX 77060 Houston, TX 77064 Telephone: (713)893-4594 Telephone: (832) 446-3350 Fax: (713)893-0048 Fax: (832) 446-6339 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 69 Bond No. 70165421 CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND Section 00612 ONE-YEAR MAINTENANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That Texas Wall and Landscape, LLC of the City of Houston , County of - Harris , and State of Texas, as principal, and The Guarantee Company of North America USA 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 $ Nine One MilHundredlion Six HundNredine and 6Thirty01100 Six Thousand (Owner), in the penal sum ofFifty 151636,959.50) 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 Prin ipal has et tered into a certain written contract with the Owner, effective as of the day of .G`Is , 20/2r, (the "Contract") to commence and complete the construction of certain improvements described as follows: Shadow Creek Bike and Pedestrian Trail Kirby Drive to Shadow Creek Ranch Nature Trail City of Pearland,Texas COP PN: PK1401 BID NO.: 0618-45 which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully correct all such work not in accordance with the Contract Documents discovered within the one-year period from the date of substantial completion, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the.terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this _ _ i__ 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 70 CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND IN WITNESS WH EOF, the aid Principal and Surety have signed and sealed this instrument this /7 day of A� �L , 20/? Principal: Surety: Texas Wall and Landscape. LLC The Guarantee Co.2f,an of .orth Americ. dSA/ By: _c._,..----0--ate—e_...—_. By: MA W/ Kevin r Qua . Pd W Title: -a 0 Title: Attor� - Address: Address: 654 N..Sam Houston Pkwy E. Ste 330 9977 W. Sam Houston Pkwy N. Ste 130 Houston, TX 77060 Houston, TX 77064 Telephone: (713) 893-4594 Telephone: (832) 446-3350 Fax: (713) 893-0048 Fax: (832) 446-6339 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 71 The Guarantee Com an ' of North America USA - UARANTESouthfield, Michigan Y POWER OF ATTORNEY NOW ALL BY THESE PRESENTS:That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint Scott D.Chapman,Kevin McQuain,Rosalyn D.Hassell,Maxine Elaine Lewis,Jeanne M.Buchan,Misty Witt,Cheryl R.Colson,Bryan Lewis USI Insurance Services,LLC its true and lawful attorneys)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX, Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 315t day of December,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attorney(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner—Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and F6J,j.r:TEc, its corporate seal to be affixed by its authorized officer,this 1st day of March,2018. - . 1 THE GUARANTEE COMPANY OF NORTH AMERICA USA TNA1.tE40 �"YY LCL i f / / . .....-- STATE STATE OF MICHIGAN Stephen C.Ruschak,President&Chief Operating Officer Randall Musselman,Secretary County of Oakland - On this 1st day of March,2018 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn,-said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of f said Company. ' ` Cynthia A. Takai NotaryPublic, State of Michigan IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee �: r= *z: 9 Company of North America USA offices the day and year above written. '` County of.Oakland Vie-0 }� . ______ My Commission Expires February 27,2024- ct/—a "" '`'" Acting in Oakland County I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. GJ TEEc0 . IN WITNESS WHEREOF,I have thereunto set my hand and attached the sea!of'said Company this day of , O� Jyc - - G r.. / / i O OP / Randall Musselman,Secretary .. ...,_ .F:. GUARANTEE' . , . ,, . . ; .. ... . . .. • . . .. . . , TE . . . XAS CONSUMER NOTIC .. . 1, ,IMPORTANT NOTICE AVISO IMPORTANTE• . , To.obtain,information or make a complaint: Para obtener information o pare someter una q ueja: • 2. , You • may contact your agent et: Puede comunicarse consu agent al ._ 3 You may,call The Guarantee Company of North Usted puede.11amar al numero de telefono gratis de America USA's toll=free telephone-number for The Guarantee Company of.North America USA's- • information or to make a complaint at: 1-8.66-328- pare information o para someter una queja'al: 0567 _ 1=866-328-0567 • 4.- You may also write to The Guarantee Company of Usted tambien puede escribira to The Guarantee North America USA at: Company of North America USA; One Towne,Square, Suite 1470 One Towne Square, Suite 1470 • Southfield, Michigan 48076 Southfield, Michigan 48076. • Web: www.theguaranteeus.coin ' Web .a rww.thequaranteeus:com ' E-mail: lnfo(U�thequaranteeus.corn • E-mail: Infos thequaranteeus.com Fax 248-750-0431 - Fax 248-750-0431. 5. You may contact the Texas Department of Puede comunicarse con el Departamento de Seguros de ' Insurance to obtain information on companies, Texas para obtener,information'acerca de companies, coverages; rights or complaints at: 1-800-252- coberturas, derechos o quejas al:. 1-800-252-3439 .3439. - ._ 6. You may write the Texas Department of Insurance: Puede escribir alDepartmentode Seguros de Texas: 333 Guadalupe Street - 333 Guadalupe:Street - P 0:Box 149104 PO:Box 1491,04 Austin, TX 78701. Austin,'TX 78701 : Fax •(512)'490-1007 : Fax (512)490-1007 - Web: htto:f/ww.tdi:texas.gov. Web: http//ww,tdi:texas.gov E-mail, ConsurnerProtect on o@tdi:texas":gov E-mail ConsumerProtectionAtdi.texas,gov - • - 7, PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS.0 RECLAMOS - Should you have a di•spute concerning your Si tiene una dispute concerniente a su prima o a un premium or about a claim you should contact the reclamo,debe comunicarse con el (agente) (la compania) (agent) (company),(agent or the company)first. If agente ola compania) primero. Si nose resuelve la • the dispute is not resolved,you may contact the disputa_ ; puede entonces comunicarse con el departamento ` Teas Department of Insurance. (TDI)` 8: ATTACH THIS NOTICE TO.YOUR POLICY: UNA ESTE AVISO A SU POLIZA Este aviso es; solo.para - This notice is for information only and does not proposito_de information y no se convierte en parte o become a part or condition'Of the attached condition del document add unto -, document. ._Rev 1212115. • •_. _ :04.g.:- .'1"C41 One Toame Square Suite't470,Southiseid Michigan USA 48076 l;Tet 248 281 0281 1,866 328 0567 Fax 248_750 0131, hs ,- • i s 'vlo'ik * a.,` a ,6 t.d'* * ° t*;. P',� • 1. s,� • 'F+: i S .Jllk q... e - • �• Exceii.t ce,'Ex.per Ise;Ex0iieme�, .E+iery tttiw, uiegts irtutteeus 0071'- :t' r'v.o:_. .:;♦ 3 ..2.. ,„;.-„,..,,:,..‘..,.; w ., r< xF sr<-. s ,. ..�fk ..x,a'n" t 4_,.''''4%,A ; 2015 The Guarantee f N Company oorth Arnenca The Guarantees a tradomarfi of The GuaranteeCmipai y of North Ar•ienca At nghts reserved CITY OF PEARLAND PARTIAL WAIVER OF LIEN Section 00615 PARTIAL WAIVER OF LIEN AND PAYMENT AFFIDAVIT The undersigned contracted with City of Pearland to furnish in connection with certain improvements to real property located in the City of Pearland, TX and owned by the City of Pearland which improvements are described as follows: In consideration of Pay Estimate No. in the amount of$ the undersigned, on oath, states that all persons and firms who supplied labor and materials to the undersigned in connection with said Project will be fully paid within 30 days of the date of this document by the undersigned for such work through In consideration of the payment herewith made, the undersigned does fully and finally release and hold harmless the City of Pearland and its surety, if any, through the above date from any and all claims, liens, or right to claim or lien, arising out of this Project under any applicable bond, law or statue. It is understood that this affidavit is submitted to induce payment of the above sum and for use by the City of Pearland in assuring the Owner and others that all liens and claims relating to the said Project furnished by the undersigned are paid. Signature Printed Name&Title Company Name State of County of Subscribed and sworn to,before me, this day of , 20 My Commission Expires: Notary Public 5-12-12 72 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT TABLE OF CONTENTS Page No. 1.0 DEFINITIONS AND INTERPRETATIONS 1 1.01 Owner, Contractor and Engineer 1.02 Contract Documents 1.03 Subcontractor 1.04 Written Notice 1.05 Work 1.06 Extra Work 1.07 Work Day 1.07-1 Rain Day 1.07-2 Impact Day 1.08 Calendar Day 1.09 Substantially Completed 1.10 Interpretation of Words and Phrases 1.11 Referenced Standards 1.12 Contract Time 1.13 Construction Inspector 1.14 Balancing Change Order 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 4 2.01 No Warranty of Design 2.02 Right of Entry 2.03 Ownership of Plans 10-2012 00700-i 73 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 2.04 Changes and Alterations 2.05 Damages 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 6 3.01 Owner-Engineer Relationship 3.02 Keeping of Plans and Specifications Accessible 3.03 Preliminary Approval 3.04 Inspection by Engineer 3.05 Determination of Questions and Disputes 3.06 Recommendation of Payment 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 8 4.01 Independent Contractor 4.02 Contractor's Understanding 4.03 Laws and Ordinances 4.04 Assignment and Subletting 4.05 Performance and Payment Bonds [and Maintenance Bond] 4.06 Insurance 4.07 Permits and Fees 4.08 Texas State Sales Tax 4.09 Contractor's Duty and Superintendence 4.10 Character of Workers 4.11 Labor, Equipment, Materials, Construction Plant and Buildings 4.12 Sanitation 4.13 Cleaning and Maintenance ( 4.14 Performance of Work 4.15 Right of Owner to Accelerate the Work 10-2012 00700- 74 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.16 Layout of Work 4.17 Shop Drawings 4.18 Engineer-Contractor Relationship; Observations 4.19 Observation and Testing 4.20 Defects and Their Remedies 4.21 Liability for Proper Performance 4.22 Protection Against Accident To Employees and the Public 4.23 Protection of Adjoining Property 4.24 Protection against Claims of Subcontractors, Laborers, Materialmen, and Furnishers of Equipment, Machinery and Supplies 4.25 Protection Against Royalties or Patented Invention 4.26 Indemnification 4.27 Losses From Natural Causes 4.28 Guarantee 5.0 PROSECUTION AND PROGRESS 18 5.01 Time and Order of Completion 5.02 Extension of Time 5.03 Hindrances and Delays 5.04 Suspension of Work 5.05 Liquidated Damages for Delay 5.06 Change of Contract Time 5.07 Delays Beyond Owner's and Contractor's Control 6.0 MEASUREMENT AND PAYMENT 21 6.01 Discrepancies and Omissions 6.02 Quantities and Measurements 10-2012 00700- 75 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.03 Estimated Quantities 6.04 Price of Work 6.05 Payments 6.06 Partial Payments 6.07 Use of Completed Portions &Punchlist 6.08 Substantial Completion 6.08-1 6.09 Final Payment 6.10 Correction of Work Before Final Payment 6.11 Correction of Work After Final Payment 6.12 Payments Withheld 6.13 Delayed Payments 7.0 EXTRA WORK AND CLAIMS 27 7.01 Differing Site Conditions 7.02 Change Orders 7.03 Change Orders 7.04 Request for Work Approval for Work on Non-Work Days 7.05 Minor Changes 7.06 Extra Work 7.07 Time of Filing Claims 8.0 DEFAULT 30 8.01 Default by Contractor 8.02 Supplementation of Contractor Forces 8.03 Cumulative Remedies & Specific Performance 8.04 Cross-Default 10-2012 00700-iv 76 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT • 8.05 Insolvency 8.06 Contingent Assignment 8.07 Waiver of Consequential Damages 8.08 Termination for Convenience 8.09 Default by Owner 9.0 DISPUTE RESOLUTION 35 ATTACHMENT NO. 1: WORKERS' COMPENSATION INSURANCE COVERAGE Al ATTACHMENT NO. 2: AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE B1 ATTACHMENT NO. 3: OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR Cl 10-2012 00700-v 77 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT 1.0 DEFINITIONS AND INTERPRETATIONS 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement. The term ENGINEER as used in these General Conditions shall refer to the Engineer or Architect identified in the Agreement, as applicable, and means a person authorized to act as a representative of the entity designated by the OWNER to provide professional services required in connection with the preparation of plans and specifications of this Contract. The term CONSTRUCTION MANAGER as used in these General Conditions shall refer to the Construction Manager identified in the Agreement, as applicable, and means a person authorized to act as representative of the entity designated by the OWNER to provide professional services required in connection with the performance of the work of this Contract. The Owner's representative on the project site shall be the CONSTRUCTION MANAGER or ENGINEER as designated. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of all of the documents identified in Article 8 of the Standard Form of Agreement, which documents, excluding such documents as may be delivered or issued after the Effective Date of the Agreement, as referenced in Article 8, shall be bound together in a Project Manual for the Work. All references to the "Contract" or the "Agreement" in these General Conditions of Agreement shall include the Contract Documents. The Contract Documents are complementary, and what is required by one shall be binding as if required by all. In the event of any conflict among the Contract Documents, the Contract Documents shall govern in the following order: (1) Modifications in writing and signed by both parties, including any Change Orders; (2) Standard Form of Agreement; (3) Special Conditions of Agreement; (4) General Conditions of Agreement, including Attachment No. 1 — Workers' Compensation Insurance Coverage, Attachment No. 2 — Agreement for Final Payment and CONTRACTOR'S Sworn Release, and Attachment No. 3 — Owner's Insurance Requirements of Contractor; (5) Addenda, if any; (6) Plans and Specifications referenced or included in the Project Manual; (7) Instructions to Bidders; (8) Bid Proposal; and 10-2012 00700- 1 of 36 78 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (9) Exhibits: The following Exhibits, if any, attached hereto, are incorporated herein, and are a part of this Contract: In the event a conflict or inconsistency remains between or within the Contract Documents, or the Contract Documents and applicable standards, codes and ordinances, CONTRACTOR shall provide the greater quantity or better quality, or CONTRACTOR shall comply with the more stringent requirements, as determined by ENGINEER. Terms or phrases used in the Contract Documents with a well-known technical or construction industry meaning shall have such recognized meanings. References to standards, specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, shall mean the latest in effect on the effective date of the Contract,unless otherwise stated in the Contract Documents. 1 .03 SUBCONTRACTOR. The term "subcontractor", as employed herein, includes those entities having a contract with the CONTRACTOR or a subcontractor for performance of work on the Project. OWNER shall have no responsibility to any subcontractor for performance of work on the Project contemplated by these Contract Documents, and any such subcontractor shall look exclusively to CONTRACTOR for any payments due subcontractor. 1.04 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person or by electronic means through the Pro-Trak to the individual or to a partner of the partnership or joint venture, or to an officer of the corporation or company for whom it is intended, or if delivered at or sent by Certified Mail, Return Receipt Requested, to the last known business address or registered office of such individual,partnership,joint venture or corporation or company, or to the address for giving notices listed in the Standard Form of Agreement. 1.05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and all other facilities or services of any nature whatsoever necessary for the execution and completion of the Work described in the Standard Form of Agreement. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The CONTRACTOR shall, if required by the ENGINEER as representative of the OWNER, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well-known, technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials shall be furnished in strict conformity with the Contract Documents. 1.06 EXTRA WORK. The term "Extra Work", as used in this Contract, shall be understood to mean and include all work that may be required by the ENGINEER as representative of the OWNER, to be performed by the CONTRACTOR to accomplish any change, alteration or addition to the work shown in the plans. Extra work shall be authorized in writing by the ENGINEER prior to commencement. Extra Work items are paid for on an as needed, as authorized basis only. 1.07 WORK DAY: As used herein, a "Work Day" is defined as any Monday through Friday, not a legal holiday, and any Saturday or Sunday specifically approved by the OWNER, in which the CONTRACTOR can perform six or more hours of work per the current construction schedule. CONTRACTOR agrees to request specific approval from the Construction Manager or 10-2012 00700-2 of 36 79 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Owner, in advance, to perform work on Saturdays or Sundays and in so doing agrees to pay all charges and costs for Inspection and or Construction Management services required during the performance of any such approved work. Refer to paragraph 7.05 for procedure to determine cost for Construction Management and Inspection Services for work on non-work days. 1.07-1 RAIN DAY: As used herein, is defined as any WORK DAY during which weather related conditions prevent the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items as identified in the current construction schedule. CONTRACTOR shall record Rain Days on the Pay Application each month for the review and possible approval by the OWNER. The approved Rain Day is then added to the Contract Time. (See 1.12 Contract Time below) 1.07-2 IMPACT DAY: As used herein, is a day that is added to the CONTRACT TIME by the OWNER by Change Order to extend the Contract Time by one full Work Day. (See 1.12 Contract Time below) Impact Days, once approved by the OWNER, shall extend the Contract Time on a one-to-one basis to replace a Work Day lost to conditions that prevented the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items. Impact Days are added to the Contract Time by Change Order only at the end of the work and then only if, in the opinion of the OWNER, a time extension is warranted due to delays beyond the control of the Contractor and required to complete the work within the Contract Time. 1.08 CALENDAR DAY. A "calendar day" is any day of the week, month or year no days being excepted. Unless otherwise expressly provided, all references to "day(s)" shall mean calendar day(s). 1 .09 SUBSTANTIALLY COMPLETED: The terms "Substantially Completed", or "Substantially Complete" or"Substantial Completion" as used in this Contract, shall mean that all major process components of the facility or work have been made suitable for use or occupancy, including appropriate documentation from the equipment suppliers that all of the individual components have been installed in accordance with the specifications and manufacturer's recommendations, the installations have been approved by the ENGINEER and the items have met the start-up and testing requirements of the contract documents or is deemed to be in a condition to serve its intended purpose or requires only minor miscellaneous work and adjustment to achieve Final Completion and Acceptance as determined by the ENGINEER. Upon compliance with the above referenced criteria, ENGINEER shall issue a Certificate of Substantial Completion. PARTIAL SUBSTANTIAL COMPLETION: designation will be given on components of the Work that must be placed into service prior to the completion of the entire Work. The contractor's One Year Warranty period for these items shall begin on the date of Partial Substantial Completion as designated by the ENGINEER. The ENGINEER shall determine and make all such designations. 1.10 INTERPRETATION OF WORDS AND PHRASES. Whenever the words "directed", "permitted", "designated", "required", "ordered", "considered necessary", "prescribed" or words of like import are used, it shall be understood that the direction, requirement, permission, order, opinion designation or prescription of the ENGINEER as the OWNER's representative is intended. Similarly, the words "approved", "acceptable", "satisfactory"'or words of like import shall mean that no exception is taken by ENGINEER, but does not relieve CONTRACTOR of responsibility for compliance with the Contract Documents. 10-2012 00700-3 of 36 80 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Whenever in the Specifications or Plans of the Contract Documents, the terms of description of various qualities relative to finish, workmanship or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the ENGINEER as the OWNER's representative, and said work shall be done in accordance with his interpretations of the meaning of the words,terms or clauses defining the character of the work. 1.11 REFERENCED STANDARDS. No provision of any referenced standard specification, or manual shall be effective to change the duties and responsibilities of the Owner, Engineer, Contractor, or their consultants, employees, or representatives from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer or its consultants, employees, or representatives any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibilities contrary to provisions of the Contract Documents. 1.12 CONTRACT TIME The term Contract Time as used herein, refers to the number of Calendar days provided to complete the work or the date, stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with Paragraph 6.09 and as modified as a result of any authorized Extensions. The established Contract Time includes 40 Rain Days per year, based on the average number of rain days per year for the period of June 1898 to December 1996 as recorded by the Alvin Weather Center Record. The Contract Time shall only be extended by (a) the addition of Rain Days equal to the number of actual Rain Days in excess of 40 days per year and (b) the number of Impact Days granted for delays, in the opinion of the Owner, beyond the control of the Contractor. The extension of the Contract Time shall be the CONTRACTOR's sole and exclusive remedy for delays. 1.13 CONSTRUCTION INSPECTOR The term "Construction Inspector" here in includes those professionals engaged by the OWNER to ensure CONTRACT work's compliance with the specifications and any applicable statutory requirements. 1.14 BALANCING CHANGE ORDER is a change order executed during the close-out process that may add/remove pay items, or adjust quantities of existing items or remove unused pay items or quantities Balancing Change Orders are used to reconcile the unit cost of the work performed or installed by the Contractor. 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 2.01 NO WARRANTY OF DESIGN. It is understood that the OWNER MAKES NO WARRANTY OF THE ADEQUACY, ACCURACY OR SUFFICIENCY OF THE PLANS AND SPECIFICATIONS OR ANY OTHER DESIGN DOCUMENTS, AND OWNER HEREBY EXPRESSLY DISCLAIMS ANY SUCH WARRANTY, EXPRESSED OR IMPLIED. Prior to commencing each portion of the Work, CONTRACTOR shall carefully study and compare the relevant Contract Documents, shall observe conditions at the site affecting the Work, and shall take field measurements of existing conditions related to the Work. Any errors, omissions or 10-2012 00700-4 of 36 81 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. r_ 2.03 OWNERSHIP OF PLANS. All plans, specifications and copies thereof furnished by the OWNER shall not be reused on other work and, with the exception of the sets forming the part of the signed Contract Documents, are to be returned to the OWNER on request at the completion of the Work. All plans and models are the property of the OWNER. 2.04 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the Owner may make such changes and alterations, additions and deletions as the OWNER may see fit, in the Work, including but not limited to changes in line, grade, form, dimensions, plans or specifications for the Work herein contemplated, or any part thereof, either before or after the beginning of construction, without affecting the validity of this Contract and the corresponding Performance and Payment Bonds. If such changes or alterations or deletions diminish the quantity or the value of the Work to be done, they shall not constitute the basis for a claim for compensation or damages, including lost or anticipated profits on the Work that may be affected. If the amount of Work is increased and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this Contract, otherwise, such additional work shall be paid for as provided under Article 7 hereof for Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any Work already done or material already furnished or used in said Work, then the OWNER shall compensate the CONTRACTOR for any material or labor so used and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the Work as originally planned. 2.05 DAMAGES. In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake or default of the CONTRACTOR, or should the 10-2012 00700-5 of 36 82 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 3.01 OWNER-ENGINEER RELATIONSHIP. The ENGINEER shall serve as the OWNER'S representative during construction. The duties, responsibilities and limitations on the authority of the ENGINEER as the OWNER's representative during construction are set forth in the Contract Documents; and the ENGINEER shall not have authority to extend the OWNER's liability or to bind the OWNER for any additional liability of any nature whatsoever without the written consent of the OWNER. Any communications by the OWNER to the CONTRACTOR regarding the Work shall be issued through the ENGINEER. It is the intent of this Agreement that there shall be no delay in the execution of the Work; therefore, written decisions or directions rendered by the ENGINEER as the OWNER's representative shall be promptly carried out, and any claim arising therefrom shall be resolved as provided in Article 7. Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the OWNER'S representative shall have the authority to issue written stop work orders whenever such stoppage may be necessary to insure the performance of the Work in accordance with the Contract Documents. 3.02 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with four(4) copies of all Plans and Specifications without expense to the CONTRACTOR, and the CONTRACTOR shall keep one full size copy of the same constantly accessible on the job site, with the latest revisions noted thereon. The CONTRACTOR shall be responsible for preserving the Plans and Specifications, timely and accurately updated, for reference and review by the OWNER or the ENGINEER and submittal of redlines during closeout. 3.03 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the obligations imposed under this Contract for the furnishing by the CONTRACTOR of new material of good quality, and for good and workmanlike performance of the Work as herein described, and in full accordance with the Contract Documents, without alteration, deletion or change. No failure or omission of the OWNER'S representative to discover, object to or condemn any non-conforming or defective work or material, or to stop work, shall release the CONTRACTOR from the obligation to fully and properly perform the Contract, including without limitation, the obligation to at once remove and properly replace any defective work or material at any time prior to final acceptance, upon discovery of such non-conforming or defective work or material. Any questioned Work may be ordered taken up or removed for inspection by the ENGINEER prior to final acceptance, and if found not to be in accordance with the Contract Documents, all expense of removing, inspection and repair or replacement shall be borne by the CONTRACTOR; otherwise the expense thus incurred shall be allowed as Extra Work and shall be paid for by the OWNER, provided that where inspection or approval is specifically required by the Specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior inspection or approval, he shall bear all expense of taking up, removing and replacing this work if so directed by the ENGINEER. 10-2012 00700-6 of 36 83 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 7.07. 3.06 RECOMMENDATION OF PAYMENT. The ENGINEER shall review the CONTRACTOR's application for payment and supporting documents, shall determine the amount owed to the CONTRACTOR and shall provide written recommendation to the OWNER for payment to the CONTRACTOR in such amount. Such recommendation of payment to CONTRACTOR shall constitute a representation to the OWNER of the ENGINEER's judgment that the work has progressed to the point indicated, to the best of his knowledge, information and belief; however, such recommendation of an application for payment to CONTRACTOR shall not be deemed an acceptance of any defective or non-conforming Work. Any recommendation of payment by the ENGINEER shall be subject to OWNER's rights to withhold payment under Section 6.11 and as otherwise provided in the Contract. 10-2012 00700-7 of 36 84 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4.01 INDEPENDENT CONTRACTOR. CONTRACTOR is, and shall remain, an independent contractor, solely responsible for the manner and method of completing the Work under this Contract, with full and exclusive power and authority to direct, supervise and control his own employees and to determine the means, method and manner of performing such Work, so long as such methods comply with the requirements of the Contract Documents, and do not adversely affect the completed improvements or any other property abutting or adjoining the Work area, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Plans, Specifications and Contract Documents. The fact that the OWNER or ENGINEER as the Owner's representative shall have the right to observe CONTRACTOR's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the OWNER and the ENGINEER hereunder, is not intended to and shall not at any time change or affect the status of the CONTRACTOR as an independent contractor with respect to either the OWNER or the ENGINEER as the OWNER's representative or to the CONTRACTOR's own employees or to any other person, firm or corporation. 4.02 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the Work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, the general and local conditions, including but not limited to weather, access, lay down and storage areas, and all other matters which in any way affect the Work under this Contract. It is further understood that the CONTRACTOR has satisfied himself as to the terms, meaning, intent and requirements of all of the Contract Documents, and applicable laws, codes, regulations and ordinances. CONTRACTOR hereby warrants and represents that it has taken into consideration all of the foregoing factors, and CONTRACTOR shall perform the Work for the Contract Price and within the Contract Time. No verbal agreement or conversation with any officer, agent or employee of the OWNER or the ENGINEER, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 4.03 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with all federal, state or local laws, codes, ordinances, permits and regulations, regardless of whether the same are adopted before or after the execution of this Contract, which in any manner affect the Contract or the work, and shall indemnify, save and hold harmless the OWNER and the ENGINEER against any claim arising out of the violation of any such laws, ordinances and regulations, whether by the CONTRACTOR or his agents, employees, subcontractors or vendors. If the CONTRACTOR observes that the Plans and Specifications are at variance with federal or state laws or codes or the ordinances or regulations of the City, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be made as provided in the Contract for changes in the work. If the CONTRACTOR performs any work knowing it to be contrary to such laws, codes, ordinances, rules or regulations, or if CONTRACTOR reasonably should have known of any such violation, and without such notice to the ENGINEER, CONTRACTOR shall bear all costs arising therefrom. The OWNER is a Political Subdivision of the State of Texas, and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the OWNER may enter into contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein. Neither the act 10-2012 00700-8 of 36 85 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT of OWNER entering into this Contract, nor OWNER's performance hereunder, shall constitute a waiver of any immunity from suit enjoyed by OWNER under applicable law, all such rights and defenses being hereby expressly reserved, notwithstanding any term or provision herein to the contrary. The Code of Ordinances and other applicable regulations of the OWNER shall be deemed to be embodied in this Contract. The prevailing wage rates applicable to this Project shall be either Document 00811 —Wage Scale for Engineering Construction, or Document 00813 —Wage Scale for Building Construction, or both, as set out in the Project Manual. 4.04 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this Contract and that he will not assign, by power of attorney or otherwise, or sublet said Contract, or any rights, duties or obligations arising thereunder, in whole or in part, without the prior written consent of the OWNER, and that no part or feature of the Work will be sublet to anyone objectionable to the ENGINEER or the OWNER. In addition, the OWNER reserves the right to disapprove the subletting of this Contract or any portion hereof on any basis whatsoever. The CONTRACTOR further agrees that the subletting of any portion or feature of the Work or materials required in the performance of this Contract shall not relieve the CONTRACTOR from his obligations to the OWNER, as provided for by this Agreement. 4.05 PERFORMANCE, PAYMENT AND MAINTENANCE BONDS. In the event the Contract Price shall be in excess of $25,000.00, the CONTRACTOR shall execute separate Performance, Payment and Maintenance Bonds, each in the sum of one hundred percent(100%) of the Contract Price, and each in accordance with the provisions of Chapter 2253 of the Texas Government Code. If the Contract Price does not exceed $25,000.00, the statutory bonds will not be required. All required Bonds shall be payable to OWNER and on forms approved by the OWNER, and shall be executed by a corporate surety in accordance with Article 7.19-1 of the Texas Insurance Code. It is agreed that the Contract shall not be in effect until such original Performance, Payment and Maintenance Bonds are delivered to and approved by the OWNER. The cost of the premium for the Performance, Payment and Maintenance Bonds, should Maintenance Bonds be required, shall be included in the CONTRACTOR's Bid Proposal. All bonds shall be issued by Texas Department of Insurance approved surety companies. 4.06 INSURANCE. The CONTRACTOR, at his own expense, shall procure, maintain and keep in force throughout the duration of the Work, and throughout the Guarantee Period, insurance as specified in Attachment No. 1 hereto with regard to Workers' Compensation Insurance, and as specified in Attachment No. 3 hereto with regard to all other Insurance. Such insurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection with this Contract, whether performed by the CONTRACTOR or a subcontractor, or others for whom CONTRACTOR is responsible. 4.07 PERMITS AND FEES. Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for all permits, licenses, and inspections necessary for proper execution and completion of the Work, and which are legally required at the time bids are received. Permits required by the City of Pearland will be issued as a NO FEE permit. 4.08 TEXAS STATE SALES TAX. Materials incorporated into this project are exempt from State Sales according to provisions of the Texas Tax Code, Chapter 151, Subsection H. 10-2012 00700-9 of 36 86 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT The Contractor must obtain a limited sales, excise and use tax permit or exemption certificate which shall enable him to buy the materials to be incorporated into the Work without paying tax at due time of purchase. 4.09 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this Contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the ENGINEER as the OWNER'S representative. The superintendent shall represent the CONTRACTOR in his absence and shall act as the agent of the CONTRACTOR, and all directions given to him shall be binding as if given to the CONTRACTOR. Adequate supervision by competent and reasonable representatives of the CONTRACTOR is essential to the proper performance of the Work, and lack of such supervision shall be an act of default, and grounds for suspending operations of the CONTRACTOR. The Superintendent cannot be removed from the project without the consent of the Owner; the Superintendent must speak and understand the English language; the Superintendent must be on site when any work on the project is being done, even when a subcontractor is performing the work. The Work, from its commencement to completion, shall be under the exclusive charge and control of the CONTRACTOR, and all risk in connection therewith shall be borne by the CONTRACTOR. Neither the OWNER nor the ENGINEER as the OWNER's representative will be responsible for the acts or omissions of the CONTRACTOR, its subcontractors or any of its agents or employees, or any other persons performing any of the Work. 4.10 CHARACTER OF WORKERS. The CONTRACTOR agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this Contract, to do the Work, and agrees that whenever the ENGINEER shall inform him in writing that any worker or workers on the Work are, in his opinion, incompetent, unfaithful or disorderly, or in the ENGINEER's opinion, are not using their best efforts for the progress of the Work, such worker or workers shall be discharged from the Work and shall not again be employed on the Work without the ENGINEER's written consent. OWNER reserves the right to bar any person, subcontractor, or supplier found to be incompetent, unfaithful, disorderly, or not using their best efforts to progress work or considered to be a threat to the health, safety and welfare to the project or workforce. 4.11 LABOR, EQUIPMENT, MATERIALS, CONSTRUCTION PLANT, AND BUILDINGS. The CONTRACTOR shall provide all labor, services, tools, equipment, machinery, supplies, facilities, utilities and materials necessary in the prosecution and completion of this Contract where it is not otherwise specifically provided that the OWNER shall furnish same; and further, the CONTRACTOR shall be responsible for the care, preservation, conservation and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction and any and all parts of the Work, whether the CONTRACTOR has been paid, partially paid or not paid for such Work, until the entire Work is completed and accepted. The building or placement of structures for housing workers or offices, or the erection of tents or other forms of protection, will be permitted only with the ENGINEER's written permission, and at 10-2012 00700- 10 of 36 87 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. Any structures of any nature constructed, placed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection, placement or construction thereof; and the CONTRACTOR agrees to indemnify and hold the ENGINEER or OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, placement, construction or maintenance of CONTRACTOR's buildings or structures. 4.12 SANITATION. Necessary sanitary conveniences for the use of laborers and others on the Work site, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. Any structures of any nature constructed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection or construction thereof, and the CONTRACTOR agrees to indemnify and hold the ENGINEER and OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, construction or maintenance of CONTRACTOR's buildings. 4.13 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep and maintain the premises free from accumulation of debris, trash and waste. The CONTRACTOR shall remove waste, debris and trash at the end of each work day. CONTRACTOR shall remove all such debris, trash and waste, tools, scaffolding and surplus materials, and shall leave the Work broom-clean or its equivalent, upon completion of the Work. The Work shall be left in good order and condition. In case of dispute, the OWNER may remove the debris, trash,waste and surplus materials, and charge the cost to the CONTRACTOR. 4.14 PERFORMANCE OF WORK. It is further agreed that it is the intent of this Contract that all Work must be done and all material must be furnished in accordance with the generally accepted practice for such materials furnished or work completed, unless otherwise provided in the Contract Documents. 4.15 RIGHT OF OWNER TO ACCELERATE THE WORK. If at any time the methods or equipment used by the CONTRACTOR, or the work force supplied are found to be inadequate to achieve the progress required to Substantially Complete the Work within the Contract Time, the OWNER or the ENGINEER as the OWNER's representative, may order the CONTRACTOR in writing to supplement its forces and/or equipment, or work shifts or overtime, or otherwise improve its efficiency and rate of progress to achieve Substantial Completion of the Work within the Contract Time, and the CONTRACTOR shall comply with such order, at its own cost and expense. 4.16 LAYOUT OF WORK. Except as specifically provided herein, the CONTRACTOR shall be responsible for laying out work by means of construction surveying and shall accomplish this work in a manner acceptable to the ENGINEER and in conformance with the Contract Documents. 4.17 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in his own Work or in that of any other contractor, six (6) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules 10-2012 00700- 11 of 36 88 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT required for the work of the various trades. Contractor will check and approve shop drawings for compliance with requirements of Contract Documents and will so certify by stamp on each drawing prior to submittal to ENGINEER. Any drawings submitted without Contractor's stamp of approval will not be considered and will be returned to him for proper submission. The ENGINEER shall pass upon them with reasonable promptness, indicating desired corrections. The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two (2) corrected copies and furnish such other copies as may be needed. The ENGINEER's approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from the Contract Documents, unless he has, in writing, called the ENGINEER's attention to such deviations at the time of the submission, and the ENGINEER has acknowledged and accepted such deviations in writing, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required Contract Work in accordance with the Contract Documents, and within the Contract Time. Such review by the ENGINEER shall be for the sole purpose of determining the apparent sufficiency of said drawings or schedules to result in finished improvements in conformity with the Contract Documents, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR's performance hereunder, and any action taken by the ENGINEER shall not relieve the CONTRACTOR of his responsibility and liability to comply with the Contract Documents. OWNER, CONSTRUCTION MANAGER, ENGINEER, and CONTRACTOR shall make all submittals, review comments, notes, corrections, schedules and updates, testing results, payment applications, instructions and other communications by means of the OWNER'S Pro-Trak. The OWNER, ENGINEER and CONTRACTOR shall each retain such hard copies form this system as are required for their specific record keeping requirements. No documents shall be removed from this system or destroyed except those being replaced by the systems protocols as a latest version document. All requirements for written communications, submittals, comments, instructions or other documents processed by means of this system shall have the same legal or time sensitive status as if they had been hand delivered in hard copy to their intended addressee. 4.18 ENGINEER-CONTRACTOR RELATIONSHIP; OBSERVATIONS. It is agreed by the CONTRACTOR that the ENGINEER, as the OWNER's representative, shall be and is hereby authorized to appoint such subordinate engineers, representatives or observers as the said ENGINEER may from time to time deem proper to observe the materials furnished and the Work done under this Agreement. The CONTRACTOR shall furnish all reasonable aid and assistance required by the subordinate engineers, representatives or observers for the proper observation and examination of the work. The CONTRACTOR shall regard and obey the directions and instructions of any subordinate engineers, representatives or observers so appointed, when such directions and instructions are consistent with the obligations of this Agreement and the Contract Documents, provided, however, should the CONTRACTOR object to any orders by any 10-2012 00700- 12 of 36 89 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT subordinate engineer, representative or observer, the CONTRACTOR may, within three (3) days, make written appeal to the ENGINEER for his decision. 4.19 OBSERVATION AND TESTING. The OWNER or the ENGINEER as the OWNER's representative shall have the right at all reasonable times to observe, inspect and test the Work. The CONTRACTOR shall make all necessary arrangements and provide proper facilities and access for such observation, inspection and testing at any location wherever Work is in preparation or progress. The CONTRACTOR shall ascertain the scope of any observation, inspection or testing which may be contemplated by the OWNER or the ENGINEER and shall give ample notice as to the time each part of the Work will be ready for such observation, inspection or testing. The OWNER or the ENGINEER may reject any Work found to be defective or not in accordance with the Contract Documents, regardless of the stage of its completion or the time or place of discovery of such deficiencies, and regardless of whether the ENGINEER has previously accepted the Work through oversight or otherwise. If any Work is covered without approval or consent of the OWNER, it must, if requested by the OWNER or the ENGINEER, be uncovered for examination, at the sole expense of the CONTRACTOR. In the event that any part of the Work is being fabricated or manufactured at a location where it is not convenient for the OWNER or the ENGINEER to make observations of such Work or require testing of said Work, then in such event, the OWNER or the ENGINEER may require the CONTRACTOR to furnish the OWNER or the ENGINEER with certificates of inspection, testing or approval made by independent persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the Contract Documents. If any Work, which is required to be inspected, tested or approved, is covered up without written approval or consent of the OWNER or the ENGINEER, it must, if requested by the OWNER or the ENGINEER, be uncovered for observation and testing, at the sole expense of the CONTRACTOR. The cost of all such inspections, tests and approvals shall be borne by the CONTRACTOR unless otherwise provided herein. Any Work which fails to meet the requirements of such tests, inspections or approval, and any Work which meets the requirements of any such tests or approval but does not meet the requirements of the Contract Documents shall be considered defective. Such defective Work and any other work affected thereby shall be corrected at the CONTRACTOR'S expense. Neither observations by the OWNER or by the ENGINEER, nor inspections, certifications, tests or approvals made by the OWNER, the ENGINEER or other persons authorized under this Agreement to make such inspections, tests or approvals, shall relieve the CONTRACTOR from his obligation to perform the Work in accordance with the requirements of the Contract Documents. 4.20 DEFECTS AND THEIR REMEDIES. It is further agreed that if the Work or any part thereof or any material brought on the site of the Work for use in the Work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the Contract Documents, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, forthwith remove such material and rebuild or otherwise remedy such Work so that it shall be in full accordance with this Contract, It is further agreed that any such remedial action contemplated herein shall be at CONTRACTOR's expense. 10-2012 00700- 13 of 36 90 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.21 LIABILITY FOR PROPER PERFORMANCE. Engineering construction drawings and specifications, as well as any additional instructions and information concerning the Work to be performed, passing from or through the ENGINEER, shall not be interpreted as requiring or allowing the CONTRACTOR to deviate from the Contract Documents, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to Work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable and contractually bound, at his own expense, for design, construction, installation and use or non-use of all items and methods incident to the performance of the Contract, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, similar items or devices used by him during construction, and work performed either directly or incident to construction, and for all loss, damage or injury incident thereto, either to person or property, whether such damage be suffered by the ENGINEER, the OWNER or any other person not a party to this Contract. Any review of Work in progress or any visit or observation during construction, or any clarification of Contract Documents by the ENGINEER or OWNER, or any agent, employee or representative of either of them, whether through personal observation on the Project site or by means of approval of shop drawings for construction or construction processes, or by other means or methods, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of Work completed or being performed, as measured against the Contract Documents, or for the purpose of enabling the CONTRACTOR to more fully understand the Contract Documents so that the completed construction Work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for proper performance of his Work on the Project, including, without limitation, the propriety of means and methods of the CONTRACTOR in performing said Contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Any action by the ENGINEER or the OWNER in visiting or observing during construction, or any clarification of Contract Documents shall not constitute a waiver of CONTRACTOR'S liability for damages as herein set out. Deviation by the CONTRACTOR from Contract Documents, whether called to the CONTRACTOR's attention or not, shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said Contract Documents, and further shall not relieve CONTRACTOR of his liability for loss, damage or injury as herein set out. 4.22 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR shall be solely responsible for the safety of himself, his employees and persons entering the project site, as well as for the protection of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. The CONTRACTOR shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the Work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded, as a minimum, in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The CONTRACTOR shall provide all necessary machinery guards, safe walkways, ladders, bridges, gangplanks, barricades, fences, traffic control, warning signs and other safety devices. 10-2012 00700- 14 of 36 91 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT No alcoholic beverages, non-prescription drugs, or unsafe practices shall be allowed on the Work site. CONTRACTOR shall dismiss anyone participating in any of the above from the Work site for the duration of the Project. Only prescription drug uses with a doctor's authorization to perform construction activities shall be allowed on the Work site. Violation of this provision is a default under the Contract. The use, possession, sale, transfer, purchase or being under the influence of alcohol, drugs or any other illegal or unlawful substance by CONTRACTOR or CONTRACTOR's employees, or CONTRACTOR's subcontractors and employees at any time at the Work site or while on company business is prohibited. CONTRACTOR shall institute and enforce appropriate drug testing guidelines and program. All accidents or injuries to CONTRACTOR's employees working on the job site must be reported verbally and in writing to the ENGINEER immediately, and within no more than eight(8)hours. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, in his sole discretion as an independent contractor. Inclusion of this paragraph in the Agreement, as well as any notice which may be given by the OWNER or the ENGINEER as the OWNER's representative concerning omissions under thus paragraph as the Work progresses, are intended as reminders to the CONTRACTOR of his duty and shall not be construed as any assumption of duty by ENGINEER, or OWNER's representative to supervise safety precautions by either the CONTRACTOR or any of his subcontractors. 4.23 PROTECTION OF ADJOINING PROPERTY. The CONTRACTOR shall employ proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage. or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent or adjoining property. THE CONTRACTOR AGREES TO INDEMNIFY, DEFEND, SAVE AND HOLD HARMLESS THE CONSTRUCTION MANAGER, OWNER AND ENGINEER AGAINST ANY CLAIM OR CLAIMS FOR DAMAGES, LOSS, COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, DUE TO ANY INJURY TO ANY ADJACENT OR ADJOINING PROPERTY, ARISING OR GROWING OUT OF THE PERFORMANCE OF THE CONTRACT, REGARDLESS OF WHETHER OR NOT SUCH DAMAGE, LOSS, COST OR EXPENSE IS CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER AND/OR ENGINEER. 4.24 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. THE CONTRACTOR AGREES THAT HE WILL PROMPTLY PAY WHEN DUE, AND WILL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ALL CLAIMS GROWING OUT OF THE DEMANDS OF SUBCONTRACTORS, LABORERS, WORKERS, MECHANICS, MATERIALMEN AND FURNISHERS OF MACHINERY AND PARTS THEREOF, EQUIPMENT, POWER TOOLS AND ALL SUPPLIES, INCLUDING COMMISSARY, INCURRED IN THE FURTHERANCE OF THE PERFORMANCE OF THIS CONTRACT. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may, at the option of the OWNER, either pay directly any unpaid bills of which the OWNER has written notice, or withhold from the CONTRACTOR's unpaid compensation a sum of money deemed reasonably 10-2012 00700- 15 of 36 92 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 payy or to see to the payment of any subcontractor, laborer or supplier of CONTRACTOR. 4.25 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR shall pay all royalties and license fees and shall provide for the use of any design, device, material or process covered by letters patent or copyright, by suitable legal agreement with the patentee or owner thereof THE CONTRACTOR SHALL DEFEND ALL SUITS OR CLAIMS FOR INFRINGEMENT OF ANY PATENT OR COPYRIGHT AND SHALL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF, EXCEPT SUCH SUITS AND. CLAIMS ARISING OUT OF A PARTICULAR DESIGN, DEVICE, MATERIAL OR PROCESS OR THE PRODUCT OF A PARTICULAR MANUFACTURER OR MANUFACTURERS SPECIFIED OR REQUIRED BY THE OWNER; PROVIDED, HOWEVER, IF CHOICE OF ALTERNATE DESIGN, DEVICE, MATERIAL OR PROCESS IS ALLOWED TO THE CONTRACTOR, OR IF CONTRACTOR KNEW OR SHOULD HAVE KNOWN OF THE PATENT OR COPYRIGHT AND FAILED TO PROMPTLY NOTIFY OWNER IN WRITING, THEN THE CONTRACTOR SHALL INDEMNIFY, DEFEND, SAVE AND HOLD THE OWNER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF. 4.26 INDEMNIFICATION. THE CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE ENGINEER AND THE OWNER HARMLESS FROM ANY CLAIMS OR DEMANDS OF ANY NATURE WHATSOEVER MADE BY ANY EMPLOYEE, EMPLOYEES, AGENTS OR SUBCONTRACTORS OF CONTRACTOR, OR BY ANY UNION, TRADE ASSOCIATION, WORKER'S ASSOCIATION OR OTHER GROUPS, ASSOCIATIONS OR INDIVIDUALS, ALLEGEDLY REPRESENTING EMPLOYEES OF THE CONTRACTOR, IN ANY DISPUTE BETWEEN THE CONTRACTOR AND HIS EMPLOYEES, DIRECTLY OR INDIRECTLY INVOLVING, GROWING OUT OF OR ARISING FROM CLAIMS BY SUCH EMPLOYEES FOR WAGES, SALARY, COMPENSATION, BENEFITS, WORKING CONDITIONS OR ANY OTHER SIMILAR COMPLAINT OR CLAIM WHICH MAY BE MADE. THE CONTRACTOR, HIS SURETIES AND INSURANCE CARRIERS SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER AND THE ENGINEER AND THEIR RESPECTIVE OFFICERS, REPRESENTATIVES, AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, CLAIMS, LOSSES, DEMANDS, SUITS, LIABILITIES, JUDGMENTS AND COSTS OF ANY CHARACTER WHATSOEVER, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, AND SHALL BE REQUIRED TO PAY ANY JUDGMENT THEREFOR, WITH COSTS, WHICH MAY BE OBTAINED AGAINST THE OWNER AND/OR THE ENGINEER OR ANY OF THEIR OFFICERS, REPRESENTATIVES, AGENTS OR EMPLOYEES, ARISING OUT OF OR RESULTING FROM OR ALLEGEDLY ARISING OUT OF OR RESULTING FROM THE PERFORMANCE 10-2012 00700- 16 of 36 93 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT OF THE WORK, PROVIDED THAT ANY SUCH DAMAGES, CLAIM, LOSS, DEMAND, SUIT, LIABILITY, JUDGMENT, COST OR EXPENSE: (A) ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN PART, OR ALLEGEDLY ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN PART, ANY BREACH OF THIS AGREEMENT OR BREACH OF WARRANTY BY CONTRACTOR; OR (B) IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE OR DEATH OR INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY, INCLUDING THE LOSS OF USE RESULTING THEREFROM; AND IS CAUSED IN WHOLE OR IN PART OR IS ALLEGEDLY CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF THE CONTRACTOR, ANY SUBCONTRACTOR, THEIR AGENTS OR EMPLOYEES OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY ONE OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT IT IS CAUSED IN PART OR ALLEGEDLY CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER, ENGINEER AND/OR A PARTY INDEMNIFIED HEREUNDER. Notwithstanding the foregoing or anything in the Agreement to the contrary, in accordance with the provisions of Section 130.002 of the Texas Civil Practice and Remedies Code, CONTRACTOR shall not be obligated to indemnify or hold harmless the ENGINEER, his agents, servants or employees, from liability for damage that is caused by or results from defects in plans, designs or specifications prepared, approved or used by the ENGINEER, or negligence of the ENGINEER in the rendition or conduct of professional duties called for or arising out of any construction contract and the plans, designs or specifications that are a part of the construction contract, and arises from personal injury or death, property injury, or any other expense that arises from personal injury, death, or property injury. This indemnity agreement is a continuing obligation, and shall survive notwithstanding completion of the Work, Final Payment, expiration of the warranty period, termination of the Contract, and abandonment or takeover of the Work. CONTRACTOR's indemnification obligations hereunder shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or a subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts, and shall not be limited by any limitation on amounts or coverage of insurance provided or to be provided under this Contract. 4.27 LOSSES FROM NATURAL CAUSES. All loss, cost, expense or damage to the CONTRACTOR arising out of the nature of the Work to be done or from any unforeseen circumstances in the prosecution of the same, or from the action of the elements, or from unusual obstructions or difficulties which may be encountered in the prosecution of the Work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 10-2012 00700- 17 of 36 94 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 EXTENSION OF TIME. The CONTRACTOR agrees that he has submitted his Bid Proposal in full recognition of the time required for the completion of this Project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions as hereinafter set forth, and that he shall not be entitled to, nor will he request, an extension of time on this Contract, except when Substantial Completion of the Work has been delayed solely by strikes, lockouts, fires, Acts of God, or by any other cause which the ENGINEER shall decide justifies the delay. The CONTRACTOR shall give the ENGINEER prompt notice, in writing and within three (3) days of the start of any such delay, of the cause of any such delay, and its estimated effect on the Work and the schedule for completion of the Work. Upon receipt of a written request for an extension of the Contract Time from the CONTRACTOR, supported by relevant and all requested documentation, the 10-2012 00700- 18 of 36 95 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ENGINEER shall submit such written request, together with his written recommendation, to the OWNER for consideration. If the delay is not attributable in whole or in part to any act or omission of CONTRACTOR, its subcontractors or suppliers, and if the OWNER determines that CONTRACTOR is entitled to an extension of time under the terms of the Contract, the OWNER shall grant an extension of time for Substantial Completion of the Work, sufficient to compensate for the delay, and such extension of time shall be CONTRACTOR's sole and exclusive remedy, except as may be otherwise provided herein. No extensions of Contract Time shall be made for delays occurring prior to the Contractor's mobilization as defined in Section 01505 MOBILIZATION. The Contract Time as defined in the Bid Proposal and other sections herein incorporates 40 Rain Days per calendar year or an average of 3.33 days per calendar month. The CONTRACTOR is required to keep record of all weather related delays and to submit the monthly count on each Pay Application. The Owner's Representative shall review and sign off on this record as a part of the Pay Application approval process every month. If, during preparation of the Balancing Change Order, the status of the work progress requires an extension of the Contract Time, Impact Days shall be added to the Completion Date equal to the total number of Weather or Impact Days approved less the original 40 days resident in the original Contract Time. The Addition of Weather or Impact Days will only alter the Contract Time when added by Change Order. If the Work is completed prior to the Completion Date, No Days will be added. The addition of Weather or Impact Days shall be the CONTRACTOR's sole remedy for delays to the completion of the Work and their addition to the Contract Time shall not affect the Contract Price through any "per diem" adjustment to the General Conditions costs, Temporary Facilities costs or any other costs associated with the extension of the Contract Time. 5.03 HINDRANCES AND DELAYS. In executing the Contract, the CONTRACTOR agrees that in undertaking to complete the Work within the time herein fixed, he has taken into consideration and made allowances for all interference, disruption, hindrances and delays incident to such Work, whether growing out of delays in securing material, workmen or otherwise. No claim shall be made by the CONTRACTOR for damages, loss, costs or expense resulting from interference, disruption, hindrances or delays from any cause during the progress of any portion of the Work embraced in this Contract, except where the Work is stopped or suspended by order of the OWNER's representative and such stoppage or suspension is not attributable to any act or omission of CONTRACTOR. 5.04 SUSPENSION OF WORK. OWNER may, without cause, order the CONTRACTOR in writing to suspend the Work, in whole or in part, for such period of time as OWNER may request. The Contract Price and/or Contract Time shall be adjusted for any increase in the cost of or the time required for performance of the Work caused by such suspension. No adjustment shall be made to the extent performance was or would have been suspended by a cause for which CONTRACTOR is responsible, or to the extent an adjustment is made or denied under another provision of the Contract Documents. 5.05 LIQUIDATED DAMAGES FOR DELAY: It is understood and agreed that time is of the essence, and that the CONTRACTOR will commence the Work on the date specified herein or in any Notice to Proceed, and will Substantially Complete the Work within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the Substantial Completion of the Work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The CONTRACTOR further 10-2012 00700- 19 of 36 96 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT agrees that a failure to complete on time will cause damage to the OWNER and that such damages cannot be accurately measured or that ascertainment will be difficult. Therefore, the parties agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the Contract Time, the CONTRACTOR shall pay, as liquidated damages and as a reasonable estimate of OWNER's damages, and not as a penalty, the amount set out in the Standard Form of Agreement. However, the foregoing agreement as to liquidated damages constitutes only an agreement by the OWNER and the CONTRACTOR as to the amount of damages which the OWNER will sustain by reason of the CONTRACTOR'S failure to complete the work within the Contract Time. Should the OWNER suffer damage by reason of any other breach by CONTRACTOR, the OWNER may recover such actual damages in addition to any liquidated damages due. The OWNER shall have the right to deduct and withhold the amount of any and all such damages whether it be the minimum amount stipulated above or otherwise, from any monies owing by it to said CONTRACTOR, or the OWNER may recover such amount from the CONTRACTOR and the sureties of his bond; all of such remedies shall be cumulative and the OWNER shall not be required to elect any one nor be deemed to have made an election by proceeding to enforce any one remedy. 5.06 CHANGE OF CONTRACT TIME: The Contract Time may only be changed by a Change Order. Any claim for an adjustment of Contract Time shall be based on written notice delivered by the party making such claim to the other party and to the ENGINEER promptly, but in no event later than ten (10) days after the event-giving rise to the claim. Notice of the extent of the claim, along with supporting data, shall be delivered within thirty (30) days of the occurrence and shall be accompanied by the claimant's written representation that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in Contract Time shall be determined by the ENGINEER in accordance with the requirements of this paragraph. Contractor shall submit, as a minimum, the following data: A. Information showing that the time requested is not included in the existing Contract and in addition to the Contract. B. Information documenting that the number of days requested is accurate for the event. C. Revised, current construction schedule showing that the time requested affects the project's critical path. 5.07 DELAYS BEYOND OWNER'S AND CONTRACTOR'S CONTROL: Where CONTRACTOR is prevented from completing any part of the Work within the Contract Time due to delays beyond the control of the OWNER and the CONTRACTOR, including, but not limited to, interference by utility owners or other contractors performing other work, Contractor shall be entitled to an extension of the Contract Time in an amount equal to the time lost. CONTRACTOR shall not be entitled to any increase in Contract Price as a result of such delays. IN NO EVENT SHALL OWNER BE LIABLE TO CONTRACTOR FOR DAMAGES ARISING OUT OF OR RESULTING FROM (i) Delays caused by, or within the control of, the CONTRACTOR, or (ii) Delays beyond the control of both parties including, but not limited to, interference by utility owners or other contractors performing other work, fires, floods, epidemics, abnormal weather conditions, acts of God, even if such delays are due in part to the negligence, other fault, breach of contract or warranty, violation of the Texas Deceptive Trade Act, or strict liability without regard 10-2012 00700-20 of 36 97 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 10-2012 00700-21 of 36 98 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT all expenses incurred by him, and for full performance of the Work and the whole thereof in the manner and according to this Agreement, Contract Documents, and the requirements of the ENGINEER. 6.05 PAYMENTS. No payments made or approvals or certificates given shall be considered as conclusive evidence of the performance of the Contract, either in whole or in part, nor shall any certificate, approval or payment be considered as acceptance of defective, deficient or non-conforming Work. CONTRACTOR shall, at any time requested during the progress of the Work, furnish the OWNER or the ENGINEER with an affidavit showing the CONTRACTOR's total outstanding indebtedness in connection with the Work. Before Final Payment is made, the CONTRACTOR shall satisfy the OWNER, by affidavit or otherwise, that there are no unpaid claims due subcontractors, suppliers or laborers by reason of any Work under the Contract. Acceptance by CONTRACTOR of Final Payment shall constitute a waiver of any and all claims of whatsoever nature against OWNER, arising out of or related to the Contract, or the Work, or any acts or omissions of OWNER or ENGINEER, which have not theretofore been timely filed as provided in this Contract. 6.06 PARTIAL PAYMENTS. When the Contract Price is a lump sum amount,prior to the first Application for Payment, CONTRACTOR shall submit to ENGINEER for review and approval a Schedule of Values, which shall fairly allocate the entire Contract Price among the various portions of the Work and shall be prepared in such form and supported by such data to substantiate its accuracy as the ENGINEER may reasonably require. The Schedule of Values shall follow the trade divisions of the Specifications so far as practicable. Upon approval, this Schedule of Values shall be used by ENGINEER as the basis for reviewing the Contractor's 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. 10-2012 00700-22 of 36 99 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Such applications for payment shall not be considered complete unless accompanied by the CONTRACTOR'S Partial Waiver of Lien and Payment Affidavit, Section 00615, duly executed by an authorized representative of the CONTRACTOR and reflecting the correct corresponding amount of the payment application. The OWNER shall then pay the CONTRACTOR, within thirty (30) days of the date of ENGINEER's receipt of the application for payment, the undisputed balance due, less applicable retainage, and further less all previous payments and all further sums that may be retained or withheld by the OWNER under the terms of this Agreement. CONTRACTOR may submit a corrected application for payment after its receipt of the ENGINEER's notice of error or dispute, and such corrected application for payment shall be reviewed by the ENGINEER and disputed or paid under the same procedure and within the same time limits set out above. As a condition of any progress payment under this Agreement, CONTRACTOR shall execute and deliver to ENGINEER and OWNER a full release of all claims, direct or indirect, at law or in equity, arising out of or related to the Work to date, excluding retainage or any claims previously submitted as required under the terms of the Contract, and specifically identified and excluded by CONTRACTOR in the release. OWNER shall be entitled to retain from each progress payment five percent (5%) of the amount thereof. Such retainage shall be retained until Final Completion and satisfaction of all conditions for Final Payment. It is understood, however, that in case the whole Work be near to completion, as certified by the ENGINEER, and some unexpected or unusual delay occurs, through no neglect or fault on the part of the CONTRACTOR, the OWNER may, upon written recommendation of the ENGINEER, pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR, at the OWNER'S option, may be relieved of the obligation to fully complete the Work, and thereupon, the CONTRACTOR shall receive, at the OWNER'S option, payment of the balance due him under the Contract for Work completed in accordance with the Contract Documents, subject to OWNER's rights to otherwise withhold or retain payments, and subject to the conditions set forth under"6.08 FINAL PAYMENT." The Owner at its option and in compliance with Texas law may reduce retainage to less than the above-stated percentages. 6.07 USE OF COMPLETED PORTIONS & PUNCHLIST. The OWNER shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding that the time for completing the entire work or such portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the Work, the CONTRACTOR shall promptly and within three (3) days of OWNER's taking possession, give OWNER written notice of same, and CONTRACTOR may be entitled to such extra compensation or extension of time, or both, as may be determined in accordance with the provisions of this Agreement. 6.08 SUBSTANTIAL COMPLETION. The CONTRACTOR shall notify the OWNER AND ENGINEER, by letter executed by a duly qualified officer of CONTRACTOR, that in CONTRACTOR's opinion, the Work of the Contract, or an agreed portion thereof, is "Substantially Complete". Such notification shall include a list of all outstanding or incomplete items. Upon receipt, and within a reasonable time thereafter, of such notice, the ENGINEER and the CONTRACTOR shall jointly perform a walk-through and inspection of the Work to determine 10-2012 00700-23 of 36 100 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT the status of all or the identified portion of the work, and the ENGINEER shall prepare a detailed list of unfinished, incomplete, defective and/or non-conforming Work ("Punchlist"). If the ENGINEER determines that the Work is Substantially Complete in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR a Certificate of Substantial Completion. OWNER shall have seven (7) days after receipt of Certificate to make written objection to the ENGINEER as to any provision of the Certificate or the attached list of non-conforming work. If ENGINEER concludes that the Work is not Substantially Complete, ENGINEER will, within fourteen (14) days, notify CONTRACTOR of the reason he believes the Work is not Substantially Complete. Upon Substantial Completion of the Work, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities, pending final payment and acceptance, with respect to security, maintenance, utilities and damage to the Work, except as otherwise provided in the Certificate of Substantial Completion. NEITHER THE SUBSTANTIAL COMPLETION OF THE WORK, NOR THE OMISSION OF AN ITEM FROM THE PUNCHLIST, SHALL EXCUSE THE CONTRACTOR FROM PERFORMING ALL OF THE WORK UNDERTAKEN, WHETHER OF A MINOR OR MAJOR NATURE, AND THEREBY COMPLETING THE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. The Certificate of Substantial Completion shall establish the time period within which CONTRACTOR shall complete the Work for Final Acceptance by the Owner and ENGINEER. 6.08-1 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, for security requirement reasons. OWNER may establish an access procedure to facilitate CONTRACTOR's uninterrupted access to the Work for the purposes of completing and correcting all items on the Punchlist in an expeditious manner. 6.09 FINAL PAYMENT. Final payment of the Retainage withheld from the Contract Price shall be made by.the OWNER to the CONTRACTOR at such time as: (a) the Work, including all Change Orders and including all Punchlist work, has been fully completed in strict accordance with the Contract Documents; (b) the Contract has been fully performed except for the CONTRACTOR's responsibility to correct nonconforming Work during the warranty period set forth in the Contract Documents, and to satisfy other requirements, if any,which necessarily survive final payment; (c) CONTRACTOR delivers to OWNER a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days prior written notice has been given to OWNER; (d) CONTRACTOR delivers to OWNER a Consent of Surety, if any, to final payment; (e) CONTRACTOR delivers to OWNER a complete set of As-Built Drawings, reflecting all deviations from the Plans, Specifications and approved shop drawings in the Work actually constructed, and delivers all maintenance and operating manuals and/or instructions; 10-2012 00700-24 of 36 101 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (f) CONTRACTOR delivers to OWNER all building certificates required prior to occupancy and all other required inspections/approvals/acceptances by city, county, state governmental entities or other authorities having jurisdiction; (g) CONTRACTOR delivers to OWNER assignments of all guarantees and warranties from subcontractors, vendors, suppliers or manufacturers, as well as names, addresses and telephone numbers of contacts for each subcontractor, vendor, supplier or manufacturer; (h) CONTRACTOR removes all equipment, tools, temporary facilities, surplus materials and rubbish from the site, and final cleans the site to OWNER's satisfaction; (i) CONTRACTOR delivers to OWNER a Full and Final Release and Affidavit of Bills Paid in the form attached hereto as Attachment No. 2, executed by CONTRACTOR; (j) CONTRACTOR delivers to OWNER all other documentation required to be submitted to OWNER pursuant to the Contract Documents, including but not limited to any special guarantees or warranties, operation and maintenance manuals, etc'. in each case in a form satisfactory to OWNER as determined in OWNER's sole discretion; and (k) the Final Application for Payment has been approved by the ENGINEER and OWNER. Acceptance of Final Payment by the CONTRACTOR shall constitute a waiver of all claims by CONTRACTOR against OWNER other than any claims previously made in writing by CONTRACTOR against OWNER, and still unsettled, and except for claims arising out of third party actions, cross-claims and counterclaims. No interest shall be due or payable by OWNER to CONTRACTOR on any sums retained or withheld by OWNER pursuant to the terms or provisions of the Contract Documents, except as otherwise provided by applicable law. Neither the Certificate of Substantial Completion nor the Final Payment nor possession or acceptance of the Work shall relieve the CONTRACTOR of its obligation for correction of defective or non- conforming Work, or for fulfillment of any warranty, which may be required by law or by the Contract Documents. 6.10 CORRECTION OF WORK BEFORE FINAL PAYMENT. The CONTRACTOR shall promptly remove from OWNER's premises all materials, equipment or Work which is defective or otherwise not in conformance with the Contract Documents, whether actually incorporated in the Work or not, and CONTRACTOR shall, at his own expense, promptly replace such materials, equipment or Work with other materials conforming to the requirements of the Contract. The CONTRACTOR shall also bear the expense of restoring all work of CONTRACTOR or other contractors damaged by any such removal or replacement. If CONTRACTOR does not remove and replace any such unsuitable Work within ten (10) business days after receipt of a written notice from the OWNER or the ENGINEER, the OWNER may remove,replace and remedy such work at CONTRACTOR's expense. 10-2012 00700-25 of 36 102 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.11 CORRECTION OF WORK AFTER FINAL PAYMENT. If within one (1) year from the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR shall, at its sole cost, correct it and any other work affected thereby promptly after receipt of a written notice from OWNER to do so. In addition, CONTRACTOR shall be responsible for any damage to building contents, when such damage results from the CONTRACTOR's use of faulty materials or defective workmanship; to the extent such damage is not covered by OWNER's insurance. This warranty period shall renew and recommence for each corrected item of Work upon completion of the remedial work. This time period for correction by CONTRACTOR is in addition to, and not in lieu of, all warranties or remedies, which exist at common law or by statute. These warranty obligations shall survive the termination of this Contract, and shall be enforceable by a decree of specific performance, in addition to such other rights and remedies available to OWNER at law or in equity. 6.12 PAYMENTS WITHHELD. The OWNER may withhold, or on account of subsequently discovered evidence nullify and demand immediate repayment of, the whole or part of any certificate for payment or payment, to such extent as may be necessary to protect OWNER from loss on account of: (a) Defective or non-conforming Work not remedied; (b) Claims filed or reasonable evidence indicating probable filing of claims; (c) Failure of the CONTRACTOR to make payments promptly to subcontractors or for material or labor; (d) Damage to another contractor, OWNER, existing improvements on the site, or to adjacent or adjoining property; (e) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract amount; (f) Reasonable indication that the Work will not be completed within the Contract Time; (g) Failure on the part of the CONTRACTOR to execute any and all documents, releases or other documents presented to the CONTRACTOR for execution, as provided for herein or otherwise; (h) Liquidated or other damages due to late completion; and/or (i) Any breach by CONTRACTOR of this Contract or any other agreement between OWNER and CONTRACTOR. When the above grounds are removed to OWNER's satisfaction, the withheld payment shall be made promptly. If the said causes are not so remedied, OWNER may remedy the same for CONTRACTOR's account, charge the entire cost thereof to CONTRACTOR and deduct such cost 10-2012 00700-26 of 36 103 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT from the Contract Sum or from any payments due or to become due under any other agreement between OWNER and CONTRACTOR. 6.13 DELAYED PAYMENTS. Should the OWNER fail to, make payment to the CONTRACTOR when payment is due in accordance with the terms of the Contract Documents, any interest due CONTRACTOR for late payments shall accrue and be paid in accordance with the provisions of Chapter 2251 of the Texas Government Code, as amended, and payment of such interest shall fully liquidate and compensate any injury to the CONTRACTOR growing out of such delay in payment. Should OWNER fail to pay CONTRACTOR an undisputed amount due within the time limits provided in the Contract or applicable law, CONTRACTOR shall give the notice required and comply with the provisions of Section 2251.051 of the Texas Government Code, and shall thereupon be entitled to the rights and remedies provided therein. 7.0 EXTRA WORK AND CLAIMS 7.01 DIFFERING SITE CONDITIONS. During the progress of the work, if subsurface, latent physical conditions or unknown physical conditions of an unusual nature are encountered at the site that differ materially from those indicated in the contract or from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract, the CONTRACTOR shall notify the OWNER's Representative in writing within three (3) calendar days of the specific differing conditions before the site is disturbed and before the affected work is performed. (a)Upon written notification, the ENGINEER will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding anticipated profits, will be made and the contract modified in writing accordingly. The ENGINEER will notify the CONTRACTOR in writing of the determination whether or not an adjustment of the contract is warranted. (b)No contract adjustment which results in a benefit to the CONTRACTOR will be allowed unless the CONTRACTOR has provided the required written notice. (c)No contract adjustment will be allowed under this clause for any effects caused on unchanged work. 7.02 SUSPENSIONS OF WORK ORDERED BY THE ENGINEER. If the performance of all or any portion of the work is suspended by the ENGINEER in writing for seven(7) calendar days and the CONTRACTOR believes that additional compensation and/or contract time is due as a result of such suspension, the CONTRACTOR shall submit a written request for adjustment to the ENGINEER within seven (7) calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. (a)Upon receipt, the ENGINEER will evaluate the CONTRACTOR's request. If the ENGINEER agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the CONTRACTOR, its suppliers, or subcontractors at any approved tier, and not caused by weather, the ENGINEER will make 10-2012 00700-27 of 36 104 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT an adjustment(excluding profit) and modify the contract in writing accordingly. The CONTRACTOR will be notified of the ENGINEER's determination, in writing, whether or not an adjustment of the contract is warranted. (b)No contract adjustment will be allowed unless the CONTRACTOR has submitted the request for adjustment within the time prescribed. (c)No contract adjustment will be allowed under this clause to the extent that performance would have been suspended by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. 7.03 CHANGE ORDERS. Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the Work; such changes will be authorized by Change Order to be prepared by the ENGINEER for execution by the OWNER and the CONTRACTOR. The Change Order shall set forth the basis for any change in Contract Price, as hereinafter set forth for Extra Work, and any change in Contract Time,which may result from the change. 7.04 In accordance with paragraph 1.07 CONTRACTOR'S request to work weekends, the Owner's Construction Manager shall,upon receipt of written notice by the CONTRACTOR of the need to conduct work on otherwise non-Work Days,prepare a cost estimate for providing Construction Management and Inspection services during the requested period and submit this to both OWNER and CONTRACTOR. If approved by both parties the Construction Manager shall prepare a Deductive Change Order in the amount stated in the estimate for the signature of the ' CONTRACTOR and the OWNER for inclusion in the next Pay Application. The Deductive Change Order must be signed and executed by both the OWNER and CONTRACTOR prior to start of work on any non-Work Day. 7.05 MINOR CHANGES. The ENGINEER may authorize minor changes in the Work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price or time. If the CONTRACTOR believes that any minor changes authorized by the ENGINEER involves Extra Work or entitles him to an increase in the Contract Price or the Contract Time, the CONTRACTOR shall give notice of same by written request to the ENGINEER for a written Work Order, with a copy to OWNER. Any such notice and request by the CONTRACTOR shall be given prior to beginning the changed work. CONTRACTOR's commencement of any minor change in the Work prior to such written notice and request shall constitute a waiver of any and all claims for an increase in the Contract Price or the Contract Time arising out of or related to such changed work. 7.06 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all work when presented with a written Change Order, Work Change Directive or Work Order signed by the ENGINEER, subject, however, to the right of the CONTRACTOR to require written confirmation of such Change Order, Work Change Directive or Work Order by the OWNER. It is agreed that the basis of compensation or adjustment to the CONTRACTOR for work either altered, added or deleted by a Change Order or Work Change Directive, or for which a claim for Extra Work is made, shall be determined by one or more of the following methods: Method(A) --By Contract unit prices applicable to the work, if any; or 10-2012 00700-28 of 36 105 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Method(B) --By agreed unit prices or agreed stipulated lump sum price; or Method(C) --If neither Method (A) nor Method (B) can be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "Actual Field Cost" of the work plus: a) For subcontractors performing work mark-up shall be limited to fifteen percent, ten (10%) for the subcontractor plus five (5%) for the General Contractor or b) For the General Contractor alone, self-performing the extra work,without subcontractor, the mark-up shall not exceed ten percent (10%), as full and final compensation for the Extra Work and all costs and expenses, direct or indirect, arising out of or related thereto. In the event said Extra Work or Change Order or Work Change Directive work is performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "Actual Field Cost" is hereby defined as the cost to the CONTRACTOR of all workers, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals of machinery and equipment, for the time actually employed or used on such Extra Work or Change Order or Work Change Directive work, plus actual transportation charges necessarily incurred together with all power, fuel, lubricants, water and similar operating expenses, plus all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation, and all other insurance as may be required by law or ordinance, or the Contract Documents,plus all payments to subcontractors for such work. The ENGINEER may direct the form in which accounts of the "Actual Field Cost" shall be kept and the records of these accounts shall be made available to the ENGINEER. The ENGINEER or OWNER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America where practicable. The mark-up of the "Actual Field Cost" to be paid to the CONTRACTOR, shall cover and compensate him for his profit, overhead, and all other elements of cost and expense not embraced within the "Actual Field Cost" as herein defined, save that where the CONTRACTOR's field office must be maintained solely on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "Actual Field Cost." No claim for Extra Work of any kind will be allowed unless ordered by the ENGINEER in a written Work Order. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the Contract Time, he shall make written request to the ENGINEER for a written Work Order authorizing such Extra Work within ten (10) days of ENGINEER's orders or instructions, otherwise the orders or instructions will be considered minor changes. The issuance 10-2012 00700-29 of 36 106 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT of a Work Order by the ENGINEER shall not constitute or be construed as an agreement or acknowledgement by the ENGINEER that the work which is the subject of the Work Order is Extra Work outside the scope of the Contract Work, but shall merely constitute a direction to the CONTRACTOR to perform the work, and the CONTRACTOR shall proceed with the work, and shall keep an accurate account of the "Actual Field Cost" thereof, as provided under Method (C). Upon completion of the alleged Extra Work, the CONTRACTOR shall promptly and within ten (10) days submit his claim to the ENGINEER by proper certification and attestation, on forms provided by the ENGINEER. The ENGINEER shall render a written decision on CONTRACTOR's claim within ten (10) days. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time, shall be final and conclusive and binding upon the parties. If the ENGINEER shall fail to respond in writing to CONTRACTOR's claim within thirty (30) days of the date of submission, or if CONTRACTOR shall dispute or object to ENGINEER's decision on any claim, and CONTRACTOR fails to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0, within sixty(60) days after the date of submission to the ENGINEER, or such longer period as the parties may agree to in writing, the CONTRACTOR shall lose and forfeit his right to make such claim for Extra Work at any later date, and all such claims held by the CONTRACTOR shall be deemed waived, forfeited and forever barred. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 7.07 TIME OF FILING CLAIMS. Except as otherwise provided herein, all questions of dispute or adjustment shall be made within the Pro-Trak system and filed with the ENGINEER within three (3) days after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty(30) days to such written exceptions, and render his final decision in writing. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time, shall be final and conclusive and binding upon the parties. In case the CONTRACTOR should desire to appeal from the ENGINEER's decision, the CONTRACTOR may request a meeting between representatives of the OWNER and the CONTRACTOR for the purposes of appealing the ENGINEER's decision directly to the OWNER, such meeting to occur within ten (10) days after the date of the CONTRACTOR's request, or such longer period as may be agreed to by the parties in writing. If the CONTRACTOR shall still be aggrieved after a meeting with the OWNER and/or his representative, the CONTRACTOR shall have sixty (60) days after the date of the meeting, or such longer period as the parties may agree to in writing, to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0. In the event the CONTRACTOR shall fail, for any reason, to timely file a Request for Mediation, the OWNER shall be released of any and all liability, and the CONTRACTOR's failure to timely file a Request for Mediation shall constitute a waiver, forfeit and final bar of all such claims held by the CONTRACTOR against the OWNER. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 10-2012 00700-30 of 36 107 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8.0 DEFAULT 8.01 DEFAULT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume Work within five (5) days after written notification from the OWNER or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER when such orders are consistent with the Contract Documents, or if the CONTRACTOR otherwise defaults on its obligations under the Contract, OWNER shall have the right, if it so elects and without prejudice to any other rights it may have, after giving five (5) days written notice of default to CONTRACTOR and any surety, to terminate the Contract or any part thereof and/or to take over or cause others to take over the Work or any part thereof, and to complete such Work for the account of CONTRACTOR. Where Performance and Payment Bonds exist, the sureties on these bonds shall be directed to complete the Work in conjunction with the notice of default, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of default, the CONTRACTOR shall promptly and within no more than three (3) days, remove from the Work any machinery, equipment, or tools then on the job, not intended for incorporation into the Work. Should CONTRACTOR fail to promptly remove such machinery, equipment or tools, OWNER may remove such machinery, equipment or tools and store same at CONTRACTOR's expense; return such machinery, equipment or tools to their purported owner; or otherwise dispose of such machinery, equipment or tools as OWNER sees fit. Any materials, supplies and/or equipment delivered for use in the Work, may be used in the completion of the Work by the OWNER or the surety on the Performance Bond, or another contractor in completion of the Work; it being understood that the use of such equipment, supplies and materials will ultimately reduce the cost to complete the Work and be reflected in the final settlement. Where there is no Performance Bond or in case the surety should fail to commence compliance with the notice for completion hereinabove provided for within ten (10) days after the service of such notice, then the OWNER may provide for completion of the Work in either of the following elective manners: (a) The OWNER may thereupon employ such force of workers and use such machinery, equipment, tools, materials and supplies as the OWNER may deem necessary to expeditiously complete the Work, and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall be credited with the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by such CONTRACTOR, then the CONTRACTOR and/or his surety shall promptly pay the amount of such excess to the OWNER upon demand; or 10-2012 00700-31 of 36 108 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (b) The OWNER, under sealed bids, under the times and procedures provided for by law, may let the contract for completion of the Work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the OWNER under the completion contract, as compared to what would have been the cost under this Contract, such increase shall be charged to the CONTRACTOR, and the amount of such increase may be deducted by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR, or the CONTRACTOR and/or his surety shall promptly pay the amount of such increase to the OWNER upon demand. However, should the cost to complete any such completion contract prove to be less than what would have been the cost to complete under this Contract, the CONTRACTOR and/or his surety shall be credited therewith. In the event of a default by CONTRACTOR, no further payments shall be made to CONTRACTOR under the Contract until the Work is Finally Completed. When the Work shall have been Finally Completed, the CONTRACTOR and his surety shall be so notified. A complete itemized statement of the Contract accounts, certified by the ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his surety, whereupon the CONTRACTOR and/or his surety shall pay the balance due as reflected by said statement. The OWNER, prior to incurring an obligation to make payment hereunder, shall have such statement of completion attested to by the CONTRACTOR and the surety as accurate, and in exchange for payment of the sum stated therein, the OWNER shall be entitled to a full and final release of any claims or demands by the CONTRACTOR or the surety. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this Contract, or when the CONTRACTOR and/or his surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools or supplies left on the site of the Work shall be turned over to the CONTRACTOR and/or his surety. Should the cost to complete the Work exceed the Contract Price, and the CONTRACTOR and/or his surety fail to pay the amount due the OWNER within the time designated above, and there remains any machinery, equipment, tools, materials or supplies which are the property of CONTRACTOR on the site of the Work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his surety at the respective addresses designated in the Contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his surety, subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of such notice, the OWNER may sell such property, equipment, tools, materials or supplies, and apply the net sum derived from such sale to the credit of the CONTRACTOR and his surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials or supplies, which remain on the Work, and belong to persons other than the CONTRACTOR or his surety, to their reputed owners. 8.02 SUPPLEMENTATION OF CONTRACTOR FORCES. If CONTRACTOR at any time shall, in OWNER'S sole opinion, fail to furnish skilled workers, suitable materials, supplies or adequate equipment sufficient for the prompt, timely and diligent prosecution of the Work in 10-2012 00700-32 of 36 109 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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. 8.03 CUMULATIVE REMEDIES & SPECIFIC PERFORMANCE. All rights and remedies of OWNER, under the terms of the Contract and/or available at law or in equity, are cumulative. In the event CONTRACTOR or any of its subcontractors, vendors or suppliers fails or refuses for any reason to provide timely manufacture, fabrication, delivery, installation, erection, construction or completion of any supplies, materials, expendables, equipment, machinery, accessories or appurtenances to be furnished hereunder, CONTRACTOR acknowledges and agrees that such items are required, necessary, essentially unique to the Project and the Work and will cause irreparable harm to OWNER and the Project if not furnished in accordance with the Contract, and OWNER shall have the right to obtain a decree of specific performance and mandatory injunctive relief from any Court of competent jurisdiction to ensure the timely furnishing of such items. 8.04 CROSS-DEFAULT. If, for any reason, CONTRACTOR is declared in default and/or terminated by OWNER under any other agreement with OWNER, whether related to the Project or not related to the Project, OWNER shall have the right to offset and apply any amounts which might be owed to OWNER by CONTRACTOR under any other such agreements against any earned but unpaid amounts owing to CONTRACTOR by OWNER under the Contract, any retainage earned by CONTRACTOR under the Contract or any unearned, unpaid amount under the Contract. 8.05 INSOLVENCY. It is recognized that if CONTRACTOR becomes a debtor in voluntary or involuntary bankruptcy proceedings, makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of his insolvency, such events could seriously impair or frustrate CONTRACTOR's performance of the Work. Accordingly, it is agreed that should CONTRACTOR become a debtor in bankruptcy, either voluntary or involuntary, CONTRACTOR shall notify OWNER in writing within twenty-four (24) hours of the filing with the bankruptcy court. Further, it is agreed that upon occurrence of any one or more such events, OWNER shall be entitled to request of CONTRACTOR or its successors, trustees or receivers, adequate assurances of future performance. In the event such adequate assurances are not given to the reasonable satisfaction of OWNER within seventy-two (72) hours of such request, OWNER shall have the right to immediately invoke the remedies of this Section 8 or as provided by law. Pending receipt of such adequate assurances of such future performance, OWNER may proceed with the Work on a temporary basis and deduct the'costs, plus reasonable overhead and profit, from any amounts due or which may become due to CONTRACTOR under the Contract or any other agreement with OWNER. In this regard, OWNER and CONTRACTOR agree that delays in performance could result in more damages to CONTRACTOR than would be sustained if OWNER failed to exercise such remedies. 8.06 CONTINGENT ASSIGNMENT. CONTRACTOR hereby assigns to OWNER, all of CONTRACTOR's rights under and interest in any and all subcontracts and/or purchase orders 10-2012 00700-33 of 36 110 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT entered into by CONTRACTOR pursuant to this Agreement, such assignment to become effective upon CONTRACTOR's default under this Agreement or OWNER's termination of this Contract, and OWNER's acceptance of such assignment. Upon CONTRACTOR's default or OWNER's termination of this Contract, OWNER may, in the event there is no performance bond for the Contract, or in the event the performance bond surety fails to complete the Contract, or.if OWNER otherwise so elects in its sole discretion, accept such assignment by written notice of such acceptance to CONTRACTOR and subcontractor, and may require subcontractors to perform all of the then unperformed duties and obligations under the subcontract, for the direct benefit of OWNER. In the event OWNER requires such performance by a subcontractor, then OWNER shall be obligated to pay such subcontractor any amounts due and owing under the terms of the subcontract/purchase order, at the subcontract prices and rates, and subject to any rights of withholding or offset and other terms and conditions of the subcontract, for all work properly performed by such subcontractor, to the date of OWNER's acceptance and thereafter. OWNER's liability in this connection, however, shall not exceed the amount obtained by subtracting all payments made by CONTRACTOR to subcontractor from the Subcontract Price at the time of CONTRACTOR's default or OWNER's termination of CONTRACTOR. CONTRACTOR shall include a provision in its subcontracts that allows such assignment and allows OWNER to take these actions, and further provides that in the event of CONTRACTOR's termination for default, the subcontractor agrees to give the OWNER or its agent the right to inspect all books and records of subcontractor relating to the Work. 8.07 WAIVER OF CONSEQUENTIAL DAMAGES. CONTRACTOR expressly waives any and all claims for consequential damages against OWNER arising out of or related to this Contract, or any other agreements between CONTRACTOR and OWNER, including, but not limited to, claims for damages incurred by CONTRACTOR for principal office expenses, including the compensation of personnel stationed there, losses of financing, bonding capacity, business and reputation, and claims for lost profit, whether on this Contract or otherwise. 8.08 TERMINATION FOR CONVENIENCE. OWNER may at its sole discretion, upon five (5) days written notice to CONTRACTOR, terminate this Contract, in whole or in part, if and when OWNER determines that it is in the best interest of OWNER to do so. Upon receipt of such written notice from OWNER, CONTRACTOR shall cease all terminated Work and take reasonable precautions to protect and preserve such work, and shall take all reasonable measures after consultation with OWNER to terminate or assign to OWNER all subcontracts, purchase orders or other commitments related to the Work or the Project on terms and conditions acceptable to OWNER. CONTRACTOR will be paid for all Work performed in strict accordance with the Contract Documents, based upon the Contract Price and the percentage of completion on the date of termination, and less amounts previously paid, subject to any reasonable backcharges attributable to CONTRACTOR's failure to comply with any of the provisions of this Contract and further subject to the other terms of this Contract regarding payment. In no event will CONTRACTOR receive or be entitled to any payment or compensation whatsoever for interruption of business or loss of business opportunities, any other items of consequential damages, for overhead or loss of profits on the unperformed Work and/or services and unfurnished materials or for any intangible, impact or similarly described cost, damages or expense, and under no circumstances shall the total sum paid to or received by CONTRACTOR under this Contract exceed the Contract Price. The compensation provided herein shall be CONTRACTOR's sole and exclusive remedy arising out of a termination for convenience. 10-2012 00700-34 of 36 111 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8.09 DEFAULT BY OWNER. In case the OWNER shall default on its material obligations under this Contract, other than OWNER's failure to pay CONTRACTOR a disputed amount due within the time limits provided in the Contract or applicable law, as addressed by Section 6.13 of this Agreement, and shall fail or refuse to cure, or to commence and diligently pursue cure of such default within fifteen (15) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the Work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of the Work that have not been included in payments to the CONTRACTOR and have not been incorporated into the Work. And thereupon, the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all Work actually completed by said CONTRACTOR (at the Contract Prices), the value of all partially completed Work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this Contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole Work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement, and shall present the same to the OWNER, and OWNER's payment of said sum to the CONTRACTOR, on or before thirty (30) days after OWNER's receipt of such statement, shall satisfy any and all rights, claims or causes of action of CONTRACTOR arising out of or related to such default by OWNER, and shall be CONTRACTOR's sole and exclusive remedy for such default. A disputed or unilateral claim by the Contractor cannot by itself constitute a default hereunder. -`. 9.0 DISPUTE RESOLUTION Any dispute or pending claim or dispute resolution process between OWNER and CONTRACTOR shall not excuse or relieve CONTRACTOR of its obligations under the Contract, and CONTRACTOR shall diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. All claims, disputes and other matters in question arising out of or relating to, the Contract, or the breach thereof, shall be subject to mediation as a condition precedent to any other dispute resolution process as may be selected by OWNER. Unless mutually agreed otherwise the mediation shall be conducted by a third party who will be selected by agreement between OWNER and CONTRACTOR, and Request for Mediation shall be filed with the other party. The parties shall share the mediator's fee and any filing fees equally. If a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the work of a subcontractor or supplier, OWNER or CONTRACTOR may join such subcontractor or supplier as a party to any mediation proceeding between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts and/or purchase orders related to the Work a specific provision whereby the subcontractor or supplier consents to being joined in mediation between OWNER and CONTRACTOR involving the work of such subcontractor or supplier. This Contract shall be governed by the laws of the State of Texas and shall be considered performable in Brazoria County, Texas, for venue purposes. Further, the OWNER and CONTRACTOR stipulate that venue for any dispute resolution proceeding involving or touching upon the Contract other than the conduct of an arbitration hearing shall be in Brazoria County, 10-2012 00700-35 of 36 112 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Texas, or, if such choice of venue is prohibited or unenforceable by law, shall be held in the county where the Project is located. CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in the event OWNER seeks to enforce any provision of this Contract whether by arbitration or other dispute resolution process. Further, in the event OWNER defends any claim instituted by CONTRACTOR against OWNER, whether in arbitration or other dispute resolution process, CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in defending such claim provided OWNER is the prevailing party, in whole or in part, in such proceeding. 10-2012 00700-36 of 36 113 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 1 TO GENERAL CONDITIONS WORKERS' COMPENSATION INSURANCE COVERAGE A. DEFINITIONS: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project for the duration of the Project. Duration of the Project .includes the time from the beginning of the Work on the Project until the contractor's/person's work on the Project has been completed and the Project warranty period has expired. Persons providing services on the project includes persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with due contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, motor carriers and owner- operators, (as defined at Section 406.121 of the Texas Labor Code), leasing companies, and employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for employees of the contractor providing services on the project, for the duration of the project. C. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the Contract. D. If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. E. The CONTRACTOR shall obtain from each subcontractor or other person providing services on a project, and provide to the OWNER: (I) a certificate of coverage, prior to that person beginning work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 05/2007 00700-Al 114 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (2) no later than seven days after receipt by the CONTRACTOR and prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 days after the CONTRACTOR knew or should have known, of any changes that materially affect the provision of coverage of any person providing services on the Project. H. The CONTRACTOR shall post on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. NOTICE REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440- 3789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, too: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for all of its employees providing services on the Project, for the duration of the Project; (2) provide to the CONTRACTOR,prior to that person beginning work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the Project: 05/2007 00700-A2 115 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (3) provide the CONTRACTOR,prior to the end of the coverage period, a new certificate of coverage, showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (4) obtain from each other person with whom it contracts, and provide to the CONTRACTOR: (a) a certificate of coverage,prior to the other person beginning work on the Project; and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (5) retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; (6) notify the OWNER in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and (7) contractually require each person with whom it contracts,to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage agreements will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR, which entitles the OWNER to pursue all rights and remedies available to it under the Contract, at law or in equity, if the CONTRACTOR does not remedy the breach within ten days after receipt of notice of breach from the OWNER. 05/2007 00700-A3 116 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 2 TO GENERAL CONDITIONS AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE In consideration of the Final Payment under that certain contract between [Contractor's Company Name] (hereafter "CONTRACTOR") and the City of Pearland (hereafter "OWNER") for the Project known as Shadow Creek Bike and Pedestrian Trail (the "Contract"), the CONTRACTOR makes the following representations to OWNER, either individually if a proprietorship, or jointly and severally by all general partners if a partnership, or if a corporation, by action of the president and secretary of said corporation, as duly authorized by appropriate action of the stockholders and/or board of directors of said corporation, their signatures hereon constituting a representation under oath by said individuals that they have the authority to execute this Agreement for and on behalf of the said corporation: 1. The undersigned CONTRACTOR represents to OWNER that the Application for Payment for the Final Payment under the Contract, and the final Change Order issued under the Contract if any, whether or not modified, corrected or changed in some way by the ENGINEER, the CONTRACTOR or the OWNER, a copy of which are attached hereto and marked Exhibit "A", are true, correct and accurate, and that CONTRACTOR has received payment in full for all other Applications for Payment submitted under the Contract, and that CONTRACTOR has been fully compensated for all labor, materials, equipment and/or services furnished in connection with the Contract, except for the Final Payment. 2. It is agreed and stipulated by the undersigned CONTRACTOR that upon the receipt of Final Payment in the amount as set out on the attached Application for Payment, the CONTRACTOR, by execution of this instrument of release, does, therefore, RELEASE and FOREVER DISCHARGE OWNER of and from all manner of debts, claims, demands, obligations, suits, liabilities and causes of action of any nature whatsoever, at law or in equity, in contract or in tort, now existing or which may hereafter accrue, arising out of or related to the Contract, any Change Orders or Work Orders, the Work, or any labor, materials, equipment or services furnished by CONTRACTOR to OWNER. 3. The CONTRACTOR, acting by and through the person or persons whose names are subscribed hereto, does solemnly swear and affirm that all bills and claims have been paid to all materialmen, suppliers, laborers, subcontractors, or other entities performing services or supplying materials or equipment, and that OWNER shall not be subject to any bills, claims, demands, litigation or suits in connection therewith. 4. It is further specifically understood and agreed that this Agreement for Final Payment and Contractor's Sworn Release shall constitute a part of the Contract, and it is also specifically understood and agreed that this Agreement shall not act as a modification, waiver or renunciation by OWNER of any of its rights or remedies as set out in the Contract itself, but this Agreement for Final Payment and Contractor's Sworn Release shall constitute a supplement thereto for the additional protection of OWNER. 05/2007 00700-B1117 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: By: President ATTEST: Corporate Secretary (Corporate Seal) [This form is for use by either a proprietorship or a partnership. In the event CONTRACTOR is a partnership or a joint proprietorship, additional signature lines should be added for each individual.] 05/2007 00700-B2118. CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared the person or persons whose name(s) are subscribed to the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, who each, after being by me duly sworn, on their oaths deposed and said: I (We) am(are)the person(s)who signed and executed the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, and I(we) have read the facts and statements as therein set out and the representations as made therein, and I(we) state that the above and foregoing are true and correct. CONTRACTOR-Affiant SWORN TO AND SUBSCRIBED TO before me, the day of 20_. Notary Public, State of Texas My Commission Expires: [This form is for use in the event CONTRACTOR is a corporation.] 07/2006 00700-B3 119 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS § COUNTY OF § BEFORE ME,the undersigned authority, on this day personally appeared the persons who signed and executed the above and foregoing Agreement for Final Payment mid Contractor's Sworn Release, whose names are set out above, who each, after being by me duly sworn, on their oaths deposed and said: We each are the persons whose names are subscribed above, and hold respectively the offices in the corporation as set out above, and each state under oath that we have the authority to execute this Agreement for Final Payment and Contractor's Sworn Release for and on behalf of said corporation,pursuant to authority granted to us in the Charter of said corporation, the By-Laws of said corporation and/or the Minutes of said corporation; and the facts, statements and representations as set out in the instrument to which this Affidavit is attached, are true and correct. SWORN TO AND SUBSCRIBED TO before me this, the day of 20 Notary Public, State of Texas My Commission Expires: 07/2006 00700-B4 120 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 3 TO GENERAL CONDITIONS OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR 1. Definitions. For purposes of this Agreement: 1.1 Owner Parties. "Owner Parties" means (a) the City of Pearland, its successors and assigns, and the Engineer, (b) any officers, employees, or agents of such persons or entities, and(c) others as required by the Contract Documents, if any. 1.2 Contractor. "Contractor" shall mean the vendor providing the service or work to be performed under this Agreement. 1.3 Subcontractor. "Subcontractor" shall include subcontractors of any tier. 1.4 ISO. "ISO"means Insurance Services Office. 2. Contractor Insurance Representations to Owner Parties 2.1 It is expressly understood and agreed that the insurance coverages required herein: 2.1.1 represent Owner Parties' minimum requirements and are not to be construed to void or limit the Contractor's indemnity obligations as contained in this Agreement nor represent in any manner a determination of the insurance coverages the Contractor should or should not maintain for its own protection; and 2.1.2 are being, or have been, obtained by the Contractor in support of the Contractor's liability and indemnity obligations under this Agreement. Neither the requirements as to insurance to be carried as provided for herein, the insolvency, bankruptcy or failure of any insurance company carrying insurance of the Contractor, nor the failure of any insurance company to pay claims accruing, shall be held to affect, negate or waive any of the provisions of this Agreement. 2.2 Failure to obtain and maintain the required insurance shall constitute a material breach of, and default under, this Agreement. If the Contractor shall fail to remedy such breach within five (5) business days after notice by the Owner, the Contractor will be liable for any and all costs, liabilities, damages and penalties resulting to the Owner Parties from such breach, unless a written waiver of the specific insurance requirement(s) is provided to the Contractor by the Owner. In the event of any failure by the Contractor to comply with the provisions of this Agreement, the Owner may, without in any way compromising or waiving any right or remedy at law or in equity, on notice to the Contractor, purchase such insurance, at the Contractor's expense, provided that the Owner shall have no obligation to do so and if the Owner shall do so, the Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. 10-2012 00700-Cl 121 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 122 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.1 Commercial General Liability Insurance 4.1.1 Coverage. Such insurance shall cover liability arising out of all locations and operations of the Contractor, including but not limited to liability assumed under this contract (including the tort liability of another assumed in a business contract). Defense shall be provided as an additional benefit and not included within the limit of liability. 4.1.2 Form. Commercial General Liability Occurrence form (at least as broad as an unmodified ISO CG 0001 0798 or its equivalent). 4.1.3 Amount of Insurance. Coverage shall be provided with limits of not less than: Each Occurrence Limit $1,000,000 General Aggregate Limit $2,000,000 Product-Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 4.1.4 Required Endorsements a. Additional Insured. Additional insured status shall be provided in favor of the Owner Parties on any of the following: i. ISO form CG 20 10 11 85; or ii. ISO form CG 20 26 11 85; or iii. a combination of ISO forms CG 20 33 10 01 and CG 20 37 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 123 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 124 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 125 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.2 Covered Property. Such insurance shall cover: a. all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes and wiring, excavations, grading, backfilling or filling; b. all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) located at the site; c. all property including materials and supplies on site for installation; d. all property including materials and supplies at other locations but intended for use at the site; e. all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and f. other Work at the site identified in the Agreement to which this Exhibit is attached. Form a. Coverage shall be at least as broad as an unmodified ISO Special form, shall be provided on a completed-value basis, and shall be primary to any other coverage insurance available to the insured parties, with that other insurance being excess, secondary and non- contributing. b. No protective safeguard warranty shall be permitted. c. Required coverage shall further include: i. Additional expenses due to delay in $ TBD completion of project(where applicable) ii. Agreed value Included without sublimit iii. Damage arising from error, omission or Included without sublimit deficiency in construction methods, design, specifications, workmanship or materials, including collapse iv. Debris removal additional limit 25% of direct damage loss v. Earthquake (where applicable) $ TBD vi. Earthquake sprinkler leakage (where $ TBD applicable) vii. Expediting expenses $ TBD viii. Flood(where applicable) $ TBD ix. Freezing Included without sublimit x. Mechanical breakdown, including hot & Included without sublimit cold testing(where applicable) xi. Notice of cancellation, non-renewal or Included 10-2012 00700-C6 126 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT material reduction—60 days prior written notice to each insured xii. Occupancy clause, as required in F, Included below xiii. Ordinance or law Included without sublimit xiv. Pollutant clean-up and removal $ TBD xv. Preservation of property Included without sublimit xvi. Replacement cost Included xvii. Theft Included without sublimit xviii. Waiver of subrogation as required in G, Included below. 4.6.3 Amount of Insurance. Coverage shall be provided in an amount equal at all times to the full replacement value and cost of debris removal for any single occurrence. 4.6.4 Deductibles. Deductibles shall not exceed the following: a. All Risks of Direct Damage, Per $5,000 Occurrence, except b. Delayed Opening Waiting Period 5 Days c. Flood, Per Occurrence $25,000 or excess of NFIP if in Flood Zone A, B or V d. Earthquake and Earthquake Sprinkler $25,000 Leakage, Per Occurrence 4.6.5 Termination of Coverage. The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed so long as such occupancy does not exceed 20% of the usable area of the property. This insurance shall be maintained in effect, unless otherwise provided for in the Contract Documents, until the earliest of the following dates: a. the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; b. the date on which final payment, as provided for in the Agreement to which this Exhibit is attached,has been made; or c. the date on which the insurable interests in the Covered Property of all insureds other than Contractor have ceased. 10-2012 00700-C7 127 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.6 Waiver of Subrogation. The waiver of subrogation provision shall be endorsed as follows: a. A waiver of subrogation shall be provided in favor of all insureds. b. The waiver of subrogation provisions shall be endorsed as follows: Should a covered loss be subrogated, either in whole or in part, your rights to any recovery will come first, and we will be entitled to a recovery only after you have been fully compensated for the loss. 5. Intentionally left blank. 6. Evidence of Insurance 6.1 Provision of Evidence. Evidence of the insurance coverage required to be maintained by the Contractor, represented by certificates of insurance, evidence of insurance, and endorsements issued by the insurance company or its legal agent, and must be furnished to the Owner prior to commencement of Work and not later than fifteen (15) days after receipt of this Agreement. New certificates of insurance, evidence of insurance, and endorsements shall be provided to the Owner prior to the termination date of the current certificates of insurance, evidence of insurance, and endorsements. 6.2 Form 6.2.1 All property insurance required herein shall be evidenced by ACORD form 28, "Evidence of Property Insurance". 6.2.2 All liability insurance required herein shall be evidenced by ACORD form 25, "Certificate of Insurance". 6.3 Specifications. Such certificates of insurance, evidence of insurance, and endorsements shall specify: 6.3.1 The Owner as a certificate holder with correct mailing address. 6.3.2 Insured's name, which must match that on this Agreement. 6.3.3 Insurance companies affording each coverage, policy number of each coverage, policy dates of each coverage, all coverages and limits described herein, and signature of authorized representative of insurance company. 6.3.4 Producer of the certificate with correct address and phone number listed. 6.3.5 Additional insured status required herein. 6.3.6 Amount of any deductibles and/or retentions. 6.3.7 Cancellation, non-renewal and material reduction in coverage notification as required by this Agreement. Additionally, the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon Company, it agents or representatives" shall be deleted from the cancellation provision of the ACORD 25 certificate of insurance form. 10-2012 00700-C8 128 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 129 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT subcontractors to waive, any claim for damage or loss to said property in favor of the Owner Parties. 8. Use of the Owner's Equipment. The Contractor, its agents, employees, subcontractors or suppliers shall use the Owner's equipment only with express written permission of the Owner's designated representative and in accordance with the Owner's terms and condition for such use. If the Contractor or any of its agents, employees, subcontractors or suppliers utilize any of the Owner's equipment for any purpose, including machinery, tools, scaffolding, hoists, lifts or similar items owned, leased or under the control of the Owner, the Contractor shall defend, indemnify and be liable to the Owner Parties for any and all loss or damage which may arise from such use. 9. Release and Waiver. The Contractor hereby releases, and shall cause its subcontractors to release, the Owner Parties from any and all claims or causes of action whatsoever which the Contractor and/or its subcontractors might otherwise now or hereafter possess resulting in or from or in any way connected with any loss covered by insurance, whether required herein or not, or which should have been covered by insurance required herein, including the deductible and/or uninsured portion thereof, maintained and/or required to be maintained by the Contractor and/or its subcontractors pursuant to this Agreement. 10-2012 00700-C10 130 :--------'-__,‘ WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This enderSernentapplies only to the insurance provided by the policy because Texas is shown in Item 3.A.of the Information Page. We have the right to recover out.payments from anyone liable for an injury covered by this policy.,We will rt enforce our right against the person or organization named in the Schedule,but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a .written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in.the Schedule. Schedule 1.: (. )SpeCific Waiver Name of person cit.organization (x )Blanket Waiver Any person or or§ohliatibti for Whorn the Named Insured has agreed by written coritredt tO:furriteh this waiver, 2. Operations: .31, Premium: The premium charge fin.thieendorseMent shall.be percent of the fremiuro.develooed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4.. Advance Premium: , . Thii endbraernelit crierigeS the policy to Which it lssattached and is effeetive on the date issued unleas:otherWise Stated.. (The'information below is required only when this endorsement Is Issued subsequent to preparation of the,policy.) Endorsement Effective 7-25-2018 Policy Nol WCV6114032 Endorsement No. Insured Texas Wall Systems LLC;Texas Landscape Systems LLC Premium ce....,Ze—..._ Insurance Company Accident Fund Insurance Company Countersigned by . of America WC 42 03-04 B ©Copyright 2014 tgational'eciundiron Compensation ititOrande,iric....Ali Rights Reserved. Page f of.1 (Ed. 06-14) Wolters Kluwer Financial Seriices I Uniform FormsTM / 1 ® DATE(MMIDD/YYW) ACO o CERTIFICATE OF LIABILITY INSURANCE 1/3/2019 -I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jackie Wilson VTC Insurance Group (A/C,PHONE Ext): (248)828-3377 FAX No):(248)828-3741 Troy Office EMAIL ADDRESS:OW]18on@vtc ns.COm 1175 W. Long Lake Ste. 200 INSURER(S)AFFORDING COVERAGE NAIC# Troy MI 48098-4960 INSURER A:Transportation Insurance Co. 20494 INSURED Texas Wall Systems, LLC INSURERB:Valley Forge Insurance Co. 20508 654 N. Sam Houston Parkway East INSURER c:Continental Insurance Co. 035289 Suite 330 INSURERD:Accident Fund Ins Co of Americ 10166 Houston, TX 77060 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:2018-2019 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLICY EXP TYPE OF INSURANCE INSO SMD POLICY NUMBER IMMIDD�Y) (MF MI DIIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _$ 1,000,000 DAMAGE RENTED A CLAIMS-MADE X OCCUR PREM SESO(Ea occurrence) S 100,000 6018450588 7/25/2018 7/25/2019 MEDEXP(Anyoneperson) 5 15,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 X POLICY x PRO- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s 1,000,000 (Ea accident) B X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS 6018450591 7/25/2018 7/25/2019 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE 5 x HIRED AUTOS x AUTOS (Per accident) I Medical payments $ 5,000 X UMBRELLA LIAB _ OCCUR EACH OCCURRENCE S 5,000,000 C EXCESS LIAB CLAIMS-MADE AGGREGATE 5 5,000,000 DED X RETENTIONS 10,000 6018450610 7/25/2018 7/25/2019 $ WORKERS COMPENSATION x PER OTH- AND EMPLOYERS'LIABILITY STATUTE I I ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N N/A E.L.EACH ACCIDENT $ 1,000,000 OFFICD (Mandatory n ERH)EXCLUDED? N WCV6114032 7/25/2018 7/25/2019 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 A Leased/Rented 6018450588 7/25/2018 7/25/2019 $500,000 A , Installation Floater 6018450588 7/25/2018 7/25/2019 $100,000 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Shadow Creek Bike and Pedestrain Trail Construction - Project No. PK1401. Where required by written contract, City of Pearland, its successors and assigns, officers, employees, or agents, Merrie Talley, RLA of Talley Landscape Architects Inc. are add'1 insured for General Liability (GL) as respects ongoing & completed operations on a primary & non-contributory basis and add'l insured with respects to Automobile liability. GL, Auto & Workers Comp policies include waiver of subrogation on behalf of certificate holder as required by written contract and where allowed by law. Umbrella/Excess liability coverage follows form over GL, Auto & Employers Liability. Insurer will endeavor to mail 30 days written CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Pearland THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3519 Liberty Drive ACCORDANCE WITH THE POLICY PROVISIONS. Pearland, TX 77581 AUTHORIZED REPRESENTATIVE Robert Trobec/V46 �� ' ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) COMMENTS/REMARKS notice of cancellation to the certificate holder for Auto, GL, WC. • OFREMARK COPYRIGHT 2000, AMS SERVICES INC. Additional Named Insureds Other Named Insureds Texas Wall & Landscape LLC Texas Wall Systems LLC dba Texas Landscape Systems LLC OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC Texas Wall Systems cNA P#C6018450591 CN A63359)0( (Ed.04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY: CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS.AUTO COVERAGE FORM I. 'LIABILITY COVERAGE name;.with your permission, while performing duties related to the conduct:of your business. A. Who Is An Insured 'Policy,' as used in this provision A. Who Is An The following is added to Section II,'Paragraph Insured, includes those policies that were in force -A.1.,Who Is An Insured: on the inception date of this Coverage Form but: 1. a. Any incorporated .entity of which the 1. Which are no longer in force;or Named Insured owns a majority of the voting stock on the date of inception of 2. Whose limits'have been exhausted. this Coverage Form; provided that, B. Bail Bonds and Loss of Earnings b. The insurance afforded by this.provision Section II, Paragraphs A.2. (2) and A.2. (4).are: A.1. does not, apply to .any such entity revised as follows:. that, is an 'insured' under any other liability'policy'providing'auto'coverage. 1. In a.(2), the limit for the cost of bail bonds.Is 2. Any organization ,you newly acquire or form, changed from$2,000 to$5,000;and . other than a limited liability company, 2: In a.(4), the• limit for the loss of earnings is partnership or joint venture, .and over which changed-from$250 to-$500 a day. you maintain majority ownership interest. C. Fellow Employee g The insurance afforded.by this provision A:2.: Section II,Paragraph 5:5 does not apply: S a. Is effective on the acquisition or formation Such coverage-as Is afforded by this provision O. -date, and is afforded only until the end of is excess over any other collectible insurance. the policy period of this Coverage Form, or the next anniversary of its inception fl. PHYSICAL DAMAGE COVERAGE date,whichever is earlier. A. Glass Breakage — Hitting A Bird-Or.Animal.— P. g- b. Does not.apply to: Falling Objects Or Missiles (1) 'Bodily injury' -or 'property damage' The following is added to Section-HI, Paragraph s caused by an 'accident' that A.3. -occurred before .you acquired or formed the organization;or With respect to any.covered'auto,'any deductible shown in the Declarations will not apply to.glass (2) Any such organization that Is an breakage if such glass is repaired, in a manner 'insured' under any other liability acceptable to us, rather than replaced. `policy'providing'auto'coverage. -= B. Transportation Expenses 3.- Any person or organization that you are Section III, Paragraph A.4.a, is revised, with required by a written contract to name as an �' respect to transportation expense incurred by you, additional insured Is an 'insured'but only with to provide: respect to their legal liability for acts or 'omissions of a person, whoqualifies.as an a. $60:per day;in lieu of$20;-subjectto 'insured' under Section II — Who Is An b. $1,800 maximum,in lieu of$600. Insured -and for whom Liability Coverage is: afforded under this policy. If required by G. Loss of Use Expenses written contract,.this insurance will be primary- - and non-contributory to insurance on which Section III, Paragraph A.4.b. is revised, 'with the'additional insured is.a Named Insured. respect to loss of use expenses incurred by you, to provide: -4. 'An 'employee' of yours.is an 'insured' while • - -_- operating an 'auto' hired or rented under a a. $1,000 maximum, in lieu of$600. contract or agreement in that 'employee's' • CNA63359XX Copyright,CNA Corporation;2000: Page 1 of`3 (Ed.04/12) includes copyrighted material of the Insurance.Servioes Office used with its permission: CNA63359XX (Ed.04/12) D. Hired"Autos" d. A$100 per occurrence deductible applies to The following Is added to Section III. Paragraph the coverage provided by this provision. A.: G. Diminution In Value 5. Hired"Autos" The following Is added to Section Ill, Paragraph If Physical Damage coverage is provided under B.6.: this policy, and such coverage does not extend to Subject to the following, the'diminution in'value' Hired Autos, then Physical Damage coverage is exclusion does not apply to: extended to: a. Any covered 'auto` of the private: a. Any covered 'auto' you lease, hire, rent passenger type you lease, hire, rent or or borrow without a driver;and borrow,without a driver for a period of 30 b. Any covered 'auto' hired or rented;'by days or less, while performing duties. your 'employee'without a driver, under a related to the conduct of your business; and contract in that individual 'employee's' name, with your permission, while b. Any covered 'auto' of the private performing duties related to the conduct passenger type hired or rented by your of your business. 'employee'without.a driver for a period of c. The most we will pay for any one 30 days or less, under a contract in that 'accident' or 'loss' Is the actual cash individual employees name, with your value, cost of repair, cost of replacement permission, while performing duties. or $75,000, whichever is less, minus a related to the conduct of your business. $500 deductible for each covered auto, C. Such coverage as is provided by this No deductible applies to 'loss' caused by provision is limited to a 'diminution in fire or lightning. value' loss arising directly out of d. The' physical damage coverage as is accidental damage and not as a result of provided by thiss provision is equal to the the failure to make repairs; faulty. or physical damage coverage(s)provided on incomplete maintenance or repairs; or the your owned'autos.' installation of substandard parts. e: Such physical damage coverage for hired d. The most we will pay for 'loss' to a 'autos'will: covered 'auto' in any one accident is the lesser of: (1) Include loss of use, provided it is the (1) $5,000;or consequence of an 'accident' for which the Named Insured is legally (2) 20%of the 'auto's' actual cash value liable, and as a result of which a (ACV). monetary loss is sustained by the ill. Drive Other Car Coverage—Executive Officers leasing or rental concern. (2) Such coverage as is provided by this The following is added to Sections iI and III: provision will be subject to a limit of 1. Any 'auto' you don't own, hire or borrow is a $750 per'accident.' covered 'auto' for Liability Coverage while being E. Airbag Coverage used by, and for Physical Damage Coverage while in the care,custody or control of,any of your The following is added to Section III, Paragraph 'executive officers,'except: B.3i a. An 'auto' owned by that:'executive officer or The accidental discharge of an airbag shall not be a member of that person's household;or considered mechanical breakdown. b. An 'auto' used by that 'executive officer' F. Electronic Equipment. while working in a business of selling, Section III, Paragraphs B.4.c and B.4:d. are servicing,repairing or parking autos.' deleted and replaced by the following: Such Liability and/or Physical Damage.Coverage c. Physical Damage Coverage on a covered as is afforded by this provision. 'auto' also applies to 'loss" to any (1) Equal to the greatest of those coverages' permanently installed electronic equipmentafforded any covered'auto';and including its antennas and other accessories. CNA63359XX Copyright,:CNA Corporation,2000. Page'.2 of 3 (Ed.04/12) includes copyrighted material of the Insurance Services Office used with its permission. CNA63359XX (Ed,04/12) (2) Excess over any other collectible damage, against_ any person or organization for insurance. whom or which you are required by written 2. For purposes of this'provision,"executive officer contract or agreement to obtain this waiver from means a person holding any of the officer us. positions created by your charter, constitution, by- This injury or damage must arise out of your laws or any other similar governing document, activities under a contract with that person or and, while a resident of the samehousehold, organization. includes that person's spouse. You must agreeto that requirement prior to an Such 'executive officers' are 'insureds' while 'accident'or'loss.' using a covered auto'described in this provision. C. Concealment,Misrepresentation or Fraud IV. BUSINESS AUTO CONDITIONS The following is added to Section IV, Paragraph. A. Duties in The Event Of Accident,Claim,Suit Or 8.2.: Loss Your failure to disclose all hazards existing on the date The following is added to Section iV, Paragraph of inception of this Coverage Form shall not prejudice A.2.a.: you with respect to the coverage afforded provided (4) 'Your 'employees' may know of an such failure or omission is not intentional. 'accident' or 'loss.' This' will not mean D. Other Insurance that you have such knowledge, unless The following is added to Section IV,'Paragraph such 'accident' or 'loss' is known to you B.5.: or if you are not an individual, to any of your executive officers or partners or your Regardless of the provisions of Paragraphs 5.a. insurance manager. and 6.d. above, the coverage provided by this. The following is added to Section IV, Paragraph policy shall be on a primary non-contributory A.2.b.: basis. This provision is applicable only when required by a written contract. That written 0 (6) Your 'employees' may know of contract must have been entered into prior to 0 documents received concerning a claim 'Accident'or'Loss.' or'suit.'This will not mean that you have E. Policy Period,Coverage Territory such knowledge, unless receipt of such' documents is known to you or if you are Section IV, Paragraph B. 7.(5).(a). is revised to not an individual, to any of your executiveprovide: officers or partners or your insurance manager. a. 45 days of coverage in lieu of 30 days. B. Transfer Of Rights Of Recovery Against Others V. DEFINITIONS To Us Section V. Paragraph C. is.deleted and replaced by The following Is added to Section IV, Paragraph the following: A.5. Transfer Of Rights Of Recovery Against 'Bodily injury'means.bodily injury,sickness or disease Others To Us: sustained by a person, including mental anguish, We waiveany right of recovery we may have, mental injury or death resulting from any of these. because of payments we make for injury or MINIM 11111111 i= CNA63359XX Copyright,.CNA corporation,2000. Page 3 of 3 (Ed.04/12) Includes copyrighted material of the insurance Services Office used with Ira permission. • Texas Wall Systems LLC P#6018450588 CNA CNA PARAMOUNT , Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsement.amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy,amends.any provision also amended by this endorsement, then that other:endorsement controls with respect to such provision, and the changes.made.by this endorsement with respect tosuch provision do not apply. TABLE OF.CONTENTS 1. AddMonal Insureds 2. Additional Insured-Primary And Non-Contributory To Additional insured's Insurance 3. Bodily Injury—Expanded Definition 4. Broad Knowledge:of Occurrence/Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work . 7. Contractual Liability-Railroads 8. Electronic Data Liability 9. Estates,Legal Representatives and Spouses 10. Expected Or Intended Injury—Exception for Reasonable Force 11. General Aggregate.Limits of Insurance—Per Project 12. In Rem Actions - _� 13. Incidental Health Care Malpractice Coverage 8. 0 14. Joint Ventures/Partnership/Limited Liability Companies 15, Legal Liability— Damage To Premises 1 Alienated.Premises/Property In The Named Insured's Care, Custody or Control 16. Liquor Liability N 8 17. Medical Payments 1 18. Non-owned Aircraft Coverage 19. Non-owned Watercraft fD ° 20. Personal And Advertising Injury—Discrimination or Humiliation O 21. Personal And Advertising Injury-Contractual Liability 22. Property Damage-:Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards = : 25. Waiver of Subrogation—Blanket . Ems 26. Wrap-Up Extension:OCIP CCIP,or Consolidated-(Wrap-Up)InsurancePrograms • CNA74705XX(1-15) Policy No: 6018450588 Page 1 of 17 Endorsement No: 1 TRANSPORTATION .INSURANCE 'COMPANY Effective Date:' 07/25/.2018 insured Name:TEXAS WALL SYSTEMS, LLC Copyright CNA All Rights Reserved. Includes copyrIghtsd mateila(of.Insiiranse Seivlces:Oftloe,Ino.-,.with ttspemdsston. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED Is amended to include as an Insured any personor organization described in paragraphs A.through H.below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement,provided such contract or agreement: (1) is currently in effect or becomes effective during the term:of this Coverage Part;and (2) was executed prior to: (a) the bodily Injury or property:dannage;or (b) the offense that caused the personal and advertising injury,. for which such additional insured seeks coverage. b. :However, subject always to the terms and conditions of this policy,:including the limits*of insurance,the Insurer will not provide such additional insured with: (1), a higher limit of insurance than required by such contractor agreement;or (2) coverage broader than required by such contract or agreement, andin no event broader than that described by the applicable paragraph A.through H.below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling Interest in a Named Insured,but only with respect to such person or' organization's liability for bodily injury,property damageor personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured;or 2. premises such person or organization owns,, maintains or controls: while a Named Insured leases or occupies such premises; provided that the coverage:granted by:this paragraph'does:not apply to"structural alterations, new construction or demolition operations performed by,on behalf of,or for such additional insured. g. Co-owner of insured Premises A.co-ownerof a premises co-ownedby a.Named Insured and covered under this;insurance but Only with respect to such co-owner's liability for bodily injury,property damage:or personal and advertising injury as co-owner of such premises. C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, providedthat the occurrence giving rise to such. bodily injury, property damage or the offense giving rise to such personal and advertising injury takesplace prior to the termination of such lease. D. Lessor of Land Any person or organization from whom:a Named Insured leases land but only with respect to liability.for bodily injury,property damage or personal and advertising injury arising out of the ownership, maintenance or use of such-land, provided that.the occurrence giving riseto such bodily injury, property damage or the offense giving rise tosuch personal and advertising injury takes place prior to the termination of such lease. The CNA74705XX(1-15) Policy No: 6018450588 Page.2 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Date: 07/25/2018 Insured Name:TEXAS WALL SYSTEMS, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with Its permission, CNA CNA.PARAMOUNT Contractors' General Liability Extension Endorsement. coverage granted, by this paragraph does not apply to structural alterations, new construction or demolition operations performed'by,on behalf of,or for such additional insured. E. Lessor of Premises An owner or lessor of premises leased to the Named Insured; or such owner or lessor's real estate manager, but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of the ownership,maintenance or use of such part of the premises leased to the Named Insured,and provided that the occurrence giving rise to such bodily injury or property damage,or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of,or for such additional insured.. F. *Mortgagee,Assignee or Receiver A mortgagee,.assignee or receiver of'premises but'only with resped to:such'mortgages;'assignee':'or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named insured's.ownership,maintenance,or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of,or for such additional insured. G. State or Govemmental:Agency or Subdivision or Political Subdivisions—Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or'authorization but only with-respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury,property damage.or personal and advertising Injury arising out of: 1. the following hazards in connection with premises a Named insured owns, rents, or controls and to which $ this'insurance applies: a. the existence,. maintenance, repair, construction', erection,, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, holstaway openings, sidewalk vaults,street banners,or decorations and similar exposures;or b. the construction,erection,or removal elevators;or Il c. the ownership,maintenance or use of any elevators covered by this insurance;or 8. 2 the permitted or authorized operations performed by a Named insured or on a Named'Insured's behalf. The coverage granted by this paragraph does not apply to: s a. Bodily injury; property damage or personal and advertising Injury'arising out of operations performed forthe state or governmental agency or subdivision or political subdivision;or b.. Bodily injury or property damage included within the products-completed operations hazard: With respect to this*provision's requirement that additional insured status must be requested under a written :contractor agreement, the Insurer will treat as a written contract any governmental permitthat requires the Named Insured to add the governmental entity as an additional insured. H. Trade Show Event Lessor 1. With respect to a Named Insured's participation'in trade`show silent as an exhibitor;presenter or displayer; any person or organization whom the Named Insured is required to include as an additional insured, butonly with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: CNA74705XX.(1-15) Policy No: 6018450588 Page 3 of 17 Endorsement No: 1 TRANSPORTATION :INSURANCE: 'COMPANY Effective Date: 07/25/2018 Insured Name:TEXAS WALL SYSTEMS', LLC Copyright CNA All Rights Reserved. Includes:copyrighted material of insurance Services Office,Inc.,with Its permission: CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement a. the Named Insured's acts or omissions;or b: the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this:paragraph does not apply to bodily Injury or property'damage included Within the products-completed operations hazard. 2.. .ADDITIONAL.INSURED.-PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL:INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named.Insured has.agreed in.writing In a contract or agreement that this insurance is primary and non .contributory relative to an additional'insured's own insurance, then this insurance is primary, and the Insurer will not. :seek'contribution from that other insurance. For the purpose of this Provision 2., the additional insureds own insurance means insurance.on which the additional insured is.a named insured, Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition,the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY—EXPANDED DEFINITION •Under DEFINITIONS,the definition of bodily injury is deleted.andreplaced bythe:following . Bodily Injury means physical injury,sickness or disease sustained by a person, including death; humiliation, shock, mental anguish or mental Injury sustained by that person at any time which results as.a consequence of the physical • injury,sickness or disease, 4: • BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF"OCCURRENCE • Under CONDITIONS,the condition entitled Duties in The Event of Occurrence,'Of'fense;Claim'or'Suit is amended. to add the following provisions: A. BROAD KNOWLEDGE OF'OCCURRENCE The Named Insured must give the Insurer or the'Insurer's.authorized representative-noticeof.an occurrence, offense or claim only when the occurrence,offense or claim is known to a natural person Named Insured, to a. partner, executive officer, manager or member of a Named Insured, or an.employee•designated.by any of the above to give such notice. B. NOTICE:OF OCCURRENCE The Named Insured's rights.under thfs_Coverage Part.wili not be prejudiced if the Named Insured'fails to give: the Insurer notice of an.occurrence, offense or claim.and that failure is.solely due to the.Named Insured's reasonable belief that the bodily injury or property damage is.not covered underthis Coverage Part. However,. the.Named Insured shall give written notice of such occurrence,'offense or claim to the Insurer as soon as the Named insuredis.aware that this insurance may apply to such occurrence,offense or claim. :5 BROAD NAMED'INSURED WHO IS:AN INSURED is amended to:delete its Paragraph:3.'in its entirety and replace it with the following:: 3. Pursuant to the limitations described.in Paragraph 4. below, any organization in which a Named Insured.has: management control: a. on the effective date of this Coverage Part;or CNA74705XX(1-15) Policy No: 6018450588 Page.4 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE. COMPANY Effective Date: 07/.25/2018 Insured Name:TEXAS WALL SYSTEMS., LLC Copyright CNA All Rights Reserved. Includes.copyrighted material of Insurance Services Office,Inc.,vats permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement b. by reason of a Named Insured creating or acquiring the organization duringthe policy po Y Period, qualifies as a Named Insured, provided that there is no. other similar liability insurance, whether primary, contributory,excess,contingent or otherwise,which provides coverage to suchorganization,or which would have: provided coverage but for the exhaustion of its limit, and without regard to whether its coverage Isbroader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not applyto: (a). any partnership,limited liability company or Joint venture;or (b) any organization for which coverage is excluded by another endorsement attached toahis Coverage Part For the purpose of this provision,management control means: A. owning interests representing more than 50% of the voting,. appointment Or designation power 'for the selection of a majority of the Board of Directors of a corporation;or B. having the right, pursuant to a written trust.agreement,toprotect,.control theuse of, encumber or transferor a trust. .4: With respesellct to property organizationsheldby which quality as Named Insureds by Virtue of Paragraph 3.above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date Of management control, or that first occurs after management:control ceases;nor b. personal or advertising injury caused by an offense that first occurredprior to the date of management control or that first occurs after managementcontrol ceases. o 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names.(dba) as any Named insured should choose to employ, 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK .s A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k.and I.and replace them with the following: This insurance does not apply to: k. Damage to Your Product Property damage to your product arising out Of it,'or any pertof it except when caused by or resulting from: (1) fire; (2) smoke;: (3) collapse;or (4) explosion. L Damage to Your Work. Property damage to your work arising out of it, or any part of it and included.ifi the products-completed operations hazard. This exclusion doesnot apply: (1) 1f the damaged work, Or the work out of which the damage:arises, was performed on: the Named Insured's behalf by a subcontractor;or CNA74705XX(1-15) Policy No: 6018450588 Page 5 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Date: 07/25/2018 Insured Name:TEXAS WALL SYSTEMS, LLC. Copyright CNA All Rights Reserved.. Includes copyrighted Material of Insurance SeMces OifkEe,Inc.,with Its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2). It the cause of loss to the damaged work arises as a result of: (a) fire; (b) smoke; (c) collapse;or (d) explosion. B. The following paragraph Is added to'LIMITS OF INSURANCE: Subject to 5.above,$100;000 is themost the Insurer will pay under Coverage'A for thesum of damages arising outof any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product-completed operations hazard. This sublimit doesnot apply to property damage to your work if the damaged work, or the work out of which the damage arises,was performed on the Named Insured's behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not.apply if an endorsement of the same name is attached to this policy. 7. CONTRACTUAL LIABILITY—RAILROADS With respect to operations performed within 50'feet'Of railroad property,:the definition of insured contract is.replaced by the following: Insured Contract means: a. A contract fora lease of premises. However,that portion of the contract for'a lease'of-premises that:indemnifies any person or organization for damage by fire to premises while rented to a Named•Insured or temporarily occupied by a Named Insured with permissionof the owner is not.an insured contract;. b. A sidetrack agreement;, c. Any easement or license'agreement; d. An obligation, .as required by ordinance; to 'indemnify :amunicipality;: except in connection with work:for a municipality; e.. An elevator maintenance agreement; I. That part of any .other contract or agreement pertaining to the Named Insured'a business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumesthe tort liability of another party to pay for bodily,injury or property damage to a third person or organization. Tort liability means a liability that.would be imposed by law in theabsence of any contract or agreement. Paragraph f.does not include that.part:of any contract:or agreement:. (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports surveys, field orders,change orders or drawings and specifications;or (b) Giving directions or instructions, or failing to give them,. if that is theprimary cause of the injury or. damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failureto render professional services, including those listed in (1) above and supervisory,inspection,architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY CNA74705XX(1-15) Policy No: 6018450588 Page 6 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Date: 07/25/2018 Insured Name:TEXAS WALL SYSTEMS, 'LLC Copyright:CNA A0 Rights Reserved. Includes'copyrighted material of Insurance.Senrtces Office,Inc.,with Its permission: CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement A. Under COVERAGES, CoverageA - Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p.Electronic Data and replace it with the following: This insurance does not apply to: p. Access Or Disclosure Of Confidential OrPersonaiinformation And Dataarelated Liability Damages arising out of: i any access to or disclosure of any person's: or organization's confidential 'or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information;or (2) the loss of, lossof use of, damage to, corruption of, inability to access, or inability 'to manipulate electronic data that does not result from physical injury to tangible property. However, unless Paragraph(1)above applies,this exclusion does not apply to:damages becauseof bodily injury. This exclusion applies even If damages .-are claimed for notification costs, credit monitoring expenses, forensic expenses; public relation expenses or any other loss, cost or expense incurred by the Named• Insured or others arising out of that which is described in Paragraph(1)or(2)above. B. The following paragraph is added to:LIMITS OF INSURANCE: Subject'to 5.above, $100,000 is the most the Insurer will pay under Coverage A.for all damage"arisiing'out of any one occurrence because of property damage that.results from physical injuryto tangible property and arises out of electronic data. C. The following definition is added toDEFINITIONS:. I o 0 Electronic data means Information, facts or programs:stored as'or on, created or used on,:or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes,. drives,cells,data processing devices or any other media which are used with electronically controlled equipment. in D. For thepurpose of the coverage provided by this ELECTRONIC DATA LIABILITY-Provision, the definition of property damage in DEFINITIONS is replaced by the following: Property damage means: a. Physical injury to tangible property, including all resulting loss:of use of that ro e p p rty:..All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b: .Loss of use of tangibleproperty that is not physically injured. All such loss of use Shall be deemed to occuraat the timeof the occurrence that caused it;or Loss of, loss of use of, damage to, corruption of, inability to access, or inability to;properly manipulate electronic data, resulting from physical injury to tangible property. All such'loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes:of this insurance,electronic data is not tangible property. .=_ E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy,then the $100,000 limit provided by this ELECTRONIC'DATA LIABILITY Provision,is part of,and not in addition to, that higher limit. 9. ESTATES,LEGAL REPRESENTATIVES,AND SPOUSES The estates heirs,legal representatives and 9 P spouses of any nafural'person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for CNA74705XX(1-15) Policy No: 6018450588 Page 7 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Date:. 0.7/25/2018 Insured Name:TEXAS WALL SYSTEMS, LLC Copyright CNA All Rights Reserved. Includes copOghted material oflnsurance Services Office,Inc.,With Is perndsslon:. •CNA. CNA PARAMOUNT • Contractors' General..Liability Extension Endorsement claims arising solely,out,of their capacity or status as such and, in the case of a spouse, where such claim seeks . damages from marital community property, jointly'held property or property transferred from such natural person Insured to such spouse. No .coverage Is provided for any act, error or omission of an estate, heir, legal representative, or spouse.outside the-scope of such'person's capacity or status as such, provided however that the _spouse of a natural person Named insured_and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses'acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY—EXCEPTION FOR REASONABLEFORCE Under COVERAGES, Coverage. A — Bodily Injury and Property Damage Liability;, the paragraph entitled •Exclusions Is amended to delete the exclusion entitled Expected or Intended Injury and replace it.with the following: Tis insurance does not apply to: • Expected or Intended injury Bodily injury or property damage expected Cr intended*from the.standpoint of the Insured.This-exclusion does not • apply to bodily injury or property damage resulting from the use of reasonable force to.protect persons or property. 11. GENERAL AGGREGATE.LIMITS OF INSURANCE-PER PROJECT A. For each construction project away from premises the Named Insured owns or rents;..a.separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate.Limit shown in the.Declarations, is the most.the Insurer will pay for the sum of: 1'. All damages under Coverage A,except damages because of bodily Injuryor property'demage included in the products-completed.operations hazard;and 2.. .All medical expenses underCoverage C, that arise from occurrences or accidents which can be attributed solely to ongoing:operations atthat'construction' project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the: Construction Project General Aggregate Limit of any.other construction project. B. .AII: 1. Damages under Coverage B,regardless.of the'number of locationsconstruction'projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included'in the products-completed operations hazard; and 3. 'Medical expenses under Coverage.C caused by accidents which cannot,be attributed:solely to ongoing 'operations ata single construction project, will reduce the General Aggregate Limit shown.in the Declarations:. C. The limits:shown in the.Declarations for Each Occurrence, for Damage_To Premises Rented To You an for Medical Expense continue to apply,but will be subject to either the Construction Project'General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be .attributed.solely to ongoing operations at a particular construction project. D. '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 shown in the Declarations, regardless of the number projects involved. . CNA74705XX'(1-15) Policy No: 6018450588 Page:8 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY .Effective Date: 07./25/2018 • Insured Name:TEXAS WALL SYSTEMS, LLC Copyright CNA,All Rights Reserved. Includes copyrighted rnaterlal'of Insurance Services Officei Inc.,with Its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement. E. Ifa single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specificationsor timetables,the project will still be deemed to be the same construction project. F. The provisionsofLIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as: stipulated. 12. IN REM ACTIONS A quasi in rem actionagainst any vessel owned or operated by o't for the Named Insured; Or chartered.by:or for the Named Insured, will be treated In the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL.HEALTH CARE MALPRACTICE COVERAGE Solely With respect to bodily injury that.arises out:of a health care Incident A. Under COVERAGES, Coverage A. BodilyInjuryand . Property Damage Clabllity;: the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1)and 1.6.(2)with the following: b. This insuranceapplies to bodily Injury provided that the professional:health care.services:are incidental to the.Named Insured's primary business purpose,and only if: (1) such bodily Injury is caused by an occurrence that takes place In the coverage territory. (2) the bodily Injury first occurs during the policy period.All bodily injury arising from an occurrence will be deemed to have occurred at the time.of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily injury and Property Damage.Liability, the paragraph• entitled Exclusions is amended to: O i. add the following to the Employers Liability exclusion: This exclusion applies only If the bodily injury arising'from:.a:health care blatant'is::covered: by 'other liability insurance available:to the Insured (or which would have been available but for exhaustion of its. limits). il. :delete the exclusion entitled Contractual Liability and replace it with'the:following:. This insurance does not apply to: Contractual Liability the insured's actual or alleged liability under any oral:or written contract 'or,agreement including but not: limited to express warranties or guarantees. add the following additional exclusions: This insurance does not apply to:. Discrimination = any actuaor alleged.discriMinatiOn, humiliation:or harassment including but:tint limited to:olaims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. := Dishonesty or Crime Any actual or alleged dishonest;.criminal•or'mallcious:act,error oroh lesion. Medicare/Medicaid.Fraud CNA74705XX(1-15) Policy No: 6018450588 Page 9 of 17 • Endorsement No: ' 1 TRANSPORTATION INSURANCE COMPANY Effective Date: '07/251.2018. Insured Name:TEXAS WALL SYSTEMS, LLC Copyright CNA AU Rights Reserved. Includes copyrighted inaterial of Insurance Servlces:IOtiice,Inc:,.with Its perry lsslon: CNACNA PARAMOUNT Contractors' General Liability Extension Endorsement any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal,state or local governmental program. Services Excluded by Endorsement Any health care•Incident for which coverage is excludedby endorsement. C. DEFINITIONS Isamended to: i. add the following definitions: Healthcare incident means an act, error or.omission by the Named Insured's.employees'or'volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is'demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. 'Emergency medical technician; a. Paramedic;. 1. Dentist; g: Physical therapist; h. Psychologist; i. Speech therapist;: j. Other allied health:professional;or 'Professional health care services does not include any services rendered in corinectionWithh human clinical trials or product testing. ii. deleteahe definition of:occurrence and replace it with the following:: Occurrence means a health care Incident.All acts,errors or omissions that are logically connected by any common fact,circumstance,situation,transaction,event,advice or decision will be considered to constitute a single occurrence; M. amend the definition of.Insured to: a. add the following: the Named Insured's employees are Insureds with respect*): (1) bodily Injury to a co.employee while in the course of the co-employee's employment by the Named Insured or while performing duties related'to the conduct of the. Named Insured's business;.and CNA74705XX(1-15) Policy No: 6018450588 Page 10 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE• COMPANY Effective Date:. 07'/25./.2018 Insured Name: TEXAS WALL SYSTEMS, LLC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance-Services Office,Inc.,with Its permtsston. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily Injury to.a co-volunteer worker while performing duties related to the conduct of.the: Named Insured's business;and (2) bodily Injury to an employee while in the course of the employee*emptoymeet by tfie Ntatned Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of.a health care incident:. delete Subparagraphs(a),(by,(c)and(d)of Paragraph 2.a.(1)of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace lit with the following:. Other Insurance b. Excess insurance: 1 To the extent this insurance applies, Itis excess over any other insurance,aelf in§urance:or risk transfer instrument,whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES/PARTNERSHIP/LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace if with the following: o No person ororganization is an Insured with respect to the conduct of any current or pastpartnership;joint venture or limited liability company that is not shown as'a Named Insured in the Declarations,except that if the Named Insured was a joint venturer, partner, or memberof a.limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period,such Named Insured isan insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that:, a. any offense giving rise to personal and advertising injury occurred prior to such termination 'date, and the personal and advertising injury arising out of such offense first occurred after such termination date; s b. the bodily Injury or property damage first occurred after such termination date;and .c. there is no other valid and collectible insurance purchased specifically to Insure the partnership,joint venture or limited liability company;and If the joint venture, partnership orlimited liability company Is or was insured under a consolidated (wrap-up): insurance program,then such insurance will always be considered valid and collectible for the purpose of:paragraph c.above.. But this provision will not serve to exclude bodily Injury, property damage or personal and advertising Injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated(wrap-up)insurance program. M. 16: LEGAL LIABILITY - DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN'THE NAMED INSURED'S CARE,CUSTODY OR CONTROL — A. Under COVERAGES Coverage Bodily A – In jury and Property Damage: Liability, the paragraph entitled Exclusions is amended to delete exclusion j.Damage to.Property in its entirety and replace it with the following: This'insurance does not apply to:. C' - = CNA74705XX(1-15) Policy No: .6018450588 Page 11 of 17 Endorsement No: 1 TRANSPORTATION INSURANCE COMPANY Effective Date: 07/25/2018 Insured Name: TEXAS WALL SYSTEMS, LLC Copyright CNA All Rights Reserved. Includes copytlghted fateful Cf1nsurence SehrIceS Office,Inc.,with Its permission. CNA CNA PARAMOUNT Contractors' General.Liability Extension Endorsement j. 'Damage to Property Property damage to: (1) Property the Named insured owns, rents, or occupies,including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property;. (2) Premises the Named Insured sells, gives away'or abandons, if the property damage arises:out'of any part of those premises; (3) Property loaned to the Named insured (4) Personal property in the care,custody or control of the Insured;. (5) That particular part of real property on which the Named Insuredor'any'contractors orsubcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property' damage arisesout of those operations;or (6) That particular part of any property that must be restored, repaired or replaced.because:your work was incorrectly performed on it. Paragraphs.(1),.(3)and(4).of this exclusion do not apply to property damage(other than damageby fire)to premises rented to the Named Insured:or temporarily occupied by Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days.A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph(2)of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of thisexclusion do notapply to liability assumed under a sidetrack agreement. Paragraph (6) of thisexclusion does notapply to-property damage.included in'theproducts-completed operations hazard. Paragraphs(3)and(4)of this exclusion do not apply to property damage.to: I. tools,or equipment the Named Insured borrows from others,nor IL other personal property of others.In the Named Insured's care,custody or control while being used in the Named Insured's operationsaway from any Named Insured's premises. However,the coverage granted by this exception to Paragraphs(3)and(4)does not apply to: a. property at a job siteawaiting or during such property's installation,fabrication, or erection; b. property that is mobile equipment leased by an Insured; c. property thatis an auto,aircraft or watercraft; d. property in transit;or e. any portion ofro p party dantiege,for which the Insured has 'available other valid and 'collectible insurance,or would have such insurance but for exhaustion of its limits, or but for application of one of its: • exclusions. A separate limit of'insurance and deductible'apply'to'such property of others.. See LIMITS OF INSURANCE as amended below. CNA74705XX'(1-15) Policy No: 6018450588 Page 12 of 17 Endorsement No: .1 TRANSPORTATION INSURANCE COMPANY Effective Date:'_ 07/25/2018 Insured Name:TEXAS WALL SYSTEMS, LLC Copyright.CNA All Rights Reserved. Includes copyrighted material'of Insurance SerVices'Office,Inc.;with Its perrriisslon: CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, Coverage A Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete Its last paragraph and replace it with the.following:. Exclusions c. through n. do notapply todamage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE: G. The followaais d IITS F UAC : Subject to 5. abovepargr,.$25ph,000addeis theto mLostMtheOInsurerINSwillRNpayEunder Coverage A:for ages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others In the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds$1,000.The Insurer has the right but not the duty to pay any portion of this$1,000 in order to effect settlement. if the Insurer exercises that right,the Named Insured will promptly reimburse the Insurer for arty such amount. D. Paragraph 6., Damage To Premises Rented To You Limit,of LIMITS OF INSURANCE Is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit),the.Damage'To Premises Rented To You Limit: is the most the Insurer will pay under Coverage A for damages because of property damage to.any one premises while rented to the Named insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days.The Damage To Premises Rented To You Limit is the greater of: a. $500,000;or d g b. The Damage To Premises Rented To You Limit shown in'the Deciarations.. E. Paragraph 4.b.(1XaXII)of the Other Insurance-Condition is deleted and replaced by the.following: That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; QN 16. LIQUOR LIABILITY Under COVERAGES,'Coverage A Bodily Injury and Property: Damage Liability, the: paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. S s This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies 'as an' additional insured on this Coverage Part. 17. MEDICAL PAYMENTS mmm A.. LIMITS OF INSURANCE'Is amended to delete Paragraph 7. (the Medical Expense'Limit):and:replace it with the following: 7. Subject to Paragraph 5. above'(the Each Occurrence Limit), the Medical Expense Omit i5 the most the = Insurer will pay under Coverage C—Medical Payments for all medical expenses because of bodily injury ENg sustained by any one person.The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. = _. .. CNA74705XX(1-15) ' Policy No: 6018450588 Page 13 of 17 Endorsement No: 1 'TRANSPORTATION INSURANCE COMPANY Effective Date: 07/25/2018 Insured Name:TEXAS WALL SYSTEMS, LLC Copyright CNA All Rights Resented. Includes copyrighted'material of Insurance SWAM Office;Inc.,wltlt.Its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, the Insuring Agreement of Coverage.C — Medical Paymentsis amended to replace Paragraph 1.a.(3Xb)with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident;and 18. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A - Bodily :Injury and :Property Damage Liability, 'the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft,Auto or Watercraft is amended to add the This exclusion does not apply to an aircraft notowned by any Named insured,provided th'af 1. the pilot in command holds a currently effective certificate Issued by the duly constituted authority of the United States of America or Canada,designating that person as a:commercial or airline transport pilot; 2. the aircraft is rented with a trained,paid crew to the Named Insured;.and 3. the aircraft is not being used to carry persons or property fora.charge. 19.'NON-OWNED WATERCRAFT Under COVERAGES, Coverage: A — Bodily Injury and Property Damage Liability; the paragraphentitled .Exclusions is amended to delete subparagraph (2) of,the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned'by any Named Insured,provided the watercraft is: (a) less than 75"feet.long;and (b) notbeing used to carry persons:or property for a charge. 20.PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION :A. Under DEFINITIONS,the.definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph' entitled Exclusions is amended to: 1. delete:the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following:: This insurance does not apply to:' Knowing Violation of Rights of Another Personal and advertisingknoWledge injury caused by or at the direction of the'Insured with the knowledge thaf the.act would violate the rights of anotherand would inflict personal and advertising injury.This exclusion shall not. apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but. only if such discrimination or humiliation is not done intentionally by or at the direction'of: (a) the Named Insured;or (b) any executive officer, director,stockholder, partner;.member or manager (if the Named Insured IS a. limited liability company)of the Named Insured. 2. add the following exclusions: CNA74705XX(1-15) Policy No: 6018450588 Page 14 of 17 Endorsement No: 1. TRANSPORTATION INSURANCE COMPANY Effective Date: 07/.25/2018 Insured Name:TEXAS WALL SYSTEMS, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement This insurance does not_apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the:employment; prospective.employment, past employment.or.termination of employment of any person by any insured. Premises Related Discrimination discrimination or humiliation arising out Of:the sale, rental, lease"or.sub4ease"or prospeCtive sal,rental, lease or sub-lease of any room,.dwelling or premises by or at.the direction of any Insured. Notwithstanding the.above, there is no coverage for fines.or penalties levied or imposed by a governmental 'entity because of discrimination. The coverage provided by'this PERSONAL AND ADVERTISING:INJURY'-DISCRIMINATION'OR HUMILIATION Provision does not applyto any person or organization whose status:as an Insured derives.solely from Provision 1.ADDITIONAL INSURED of this-endorsement;or attachment:of an additional'insured endorsement to this Coverage Pert: This.PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.. 21.,PERSONAL AND ADVERTISING INJURY-CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage. B. —Personal and Advertising. Injury: Liability, the paragraph' entitled Exclusions is amended to delete the exclusion entitled Contractual Liability:. B. Solely for the purpose of the 'coverage provided by this PERSONAL AND ADVERTISING INJURY- CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled' 0 SUPPLEMENTARY PAYMENTS—COVERAGES-A AND B: 1. Paragraph 24.is replaced by the following: g d. The allegations in the suit and the.information.the Insurer knows about file offense alleged'In such'suit: F,: :are such that no conflict appears to exist between the interests of the Insured and the interests of'the s indemnitee; .2 Thefirst unnumbered'paragraph beneath Paragraph 2..(2Xb)is:deleted.and replacedby the following: So long as.the above conditions are met, .attorneys fees incurred by the Insurer in the.defense of'th'at indemnitee,.necessary litigation expenses incurred by the Insurer,and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paidas defense'.costs.Such payments will not be deemed 'to be damages for personal and advertising Injury and will not reduce the limits.of insurance. C. This PERSONAL AND ADVERTISING' INJURY CONTRACTUAL LIABILITY'Provision does not apply if Coverage B—Personal and Advertising Injury Liability is excluded by another endorsement attached to this = Coverage.Part. This-PERSONAL.AND ADVERTISING INJURY CONTRACTUAL'LIABILITY Provision 'does not 'apply'to :any person or organization Who otherwise qualifies as an'additional insured on this Coverage Part. 22..PROPERTY DAMAGE—ELEVATORS —' .A. Under COVERAGES, A Coverage In g Bodily'y jury and Property. Damage Liability,'the paragraph :entified Exclusions is amended such thatthe Damage to Your Product Exclusion and subparagraphs(3),(4).and(6)of the Damage to Property Exclusion do not apply to property damage that results from'the use of elevators. C . CNA74705XX(1-15) Policy No: 6018450588 Page 15 of 17 Endorsement No 1 TRANSPORTATION INSURANCE COMPANY' Effective Date:. 07./25/2018. Insured Name:TEXAS WALL SYSTEMS.,. LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.;with Its parmission:. CNA • CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE— ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is.excess:over any of.the other Insurance, Whether primary, excess, contingent:or-on any other basis that is Properly insurance covering property of others damaged from the use of elevators. 2S. SUPPLEMENTARY.PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS— O VERAGES A:ANDB:is amended as follows: A. Paragraph 1.b.Is amended.to.delete the$250 limitshown for the cost of bail bonds and replace it:witha$5;000. limit;and B. 'Paragraph 1;d. is amended to delete the limit:of $250 shown for daily loss of eamings.:and replace it with a $1,000. limit. '24.. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing .hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage'under this Coverage Part because of such failure. :25. WAIVER OF SUBROGATION-BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights'Of Recovery.Against'Others TO US is amended to, add the following: The. Insurer waives:any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations;or 2. your work included in the products-com leted.o pr p Aerations hazard.: However,'this waiver applies only when the Named Insured has agreed In writing"to waive'such.rights ot recovery in a written contract or written agreement,and only if such,contract or agreement: 1'.. is in effect or becomeseffective during the term of this Coverage Part;and 2.. was executed prior tote bodily injury, property damage or personal and advertising injury:giving rise:to the: claim. 26. WRAP-UP EXTENSION:OCIP,CCIP,OR`CONSOLIDATED(WRAP-UP),INSURANCE PROGRAMS Note:The following provision does not apply to any public construction project in the state of Oklahoma,.nor too any construction.project 1n the state of Alaska, that is not permitted to be.insured 'under a consolidated (wrap-up), insurance program by applicable.state statute or regulation. If the endorsement EXCLUSION —'CONSTRUCTION WRAP-UP is attached to'this policy,.00r another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O:C.I.P.) or Contractor Controlled Insurance Programs(C.C.I.P.)is attached,then the following changes apply: A. The following wording is added to-the above-referenced endorsement With respect to a consolidated.(wrap-up).Insurance program project in'which the Named Insured is:or was involved; this exclusion does.not apply to.those sums the Named Insured become legally obligated to.pay as damages because of: '1. Bodi in u iy J ry,property damage, or-personal or.advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the. Named Insured's behalf;nor CNA74705)O((1-15) Policy No: 6018450588 Page 16.of 17 Endorsement No: 1 TRANSPORTATION..INSURANCE COMPANY Effective Date: 0772572018• Insured Name:TEXAS WALL SYSTEMS, LLC Copyright CNA Alt Rights Reserved. Includes copyrighted Meteor of Insurence:Sehrices Officer Ina,Whits permission. CNA CNA PARAMOUNT Contractors''General Liability Extension Endorsement 2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4.:Other insurance is amended to add the following subparagraph 4.b:(1Xc): This insurance is excess over: (c) Any of tha other insurance whether primary,excess,contingent or any Other basis that is insurance''available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated'(wrap-up) Insurance program. C. DEFINITIONS is amended to add'the following--definitions: Consolidated(wrap-up) insuranceprogram means.a construction, erection or demolition projectfor which the prime contractor/projectmanager or owner of the construction project has'secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as'an Owner Controlled Insurance Program(O.C.I.P.)or Contractor.Controlled Insurance Program(C.C.I.P.). Residential structure means any structure where 30%or moreof the square foot area'`is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums; townhouses, co-operatives or planned unit developments;and 2. the common areas and structures appurtenant to the.structures In paragraph'1. (including pools, hot tubs,. 'detached garages,guest houses or any similarstructures). However,when there Is no individual ownership of units, residential structure does not include'military housing, :g college/university housing or dormitories, long term care.facilities, hotels or motels. Residential structure also' does not include hospitals or prisons. O This WRAP-UP EXTENSION:OCIP,CCIP,OR'CONSOLIDATED(WRAP-UP)'INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 0 12. Allother terms and conditions:of the Policy remain.unchanged.. N 8_ This endorsement,which forms a part of and is forattachment to the Policy issued by the designated Insurers,takes effect on the effective dateof said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. N O O INIMMIN imime 1 . CNA74705XX(1-15) Policy No: 6018450588 Page 17 of 17 Endorsement No: 1 TRANSPORTATION .INSURANCE: COMPANY Effective Date:, 07/25/2018 Insured Name: TEXAS WALL .SYSTEMS', LLC Copyright CNA All Rights Reserved. Includes copyrighted material of insurance Senilces Office,Inc.,wih its permission. Texas Wall Systems LLC P#6018450588 CNA CNA PARAMOUNT Blanket Additional Insured - Owners,. Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies'insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization'whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury,property'damage or personal and advertising Injury caused in whole or in part by your acts or omissions;or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract;.or B. In`the performance of your work subject to such written-contract, but only with respect'to bodily injury Or property damage included in the products-completed operations.hazard,and only if: 1. the written.contract.requlresyou to provide the additional insured such coverage;and .2. this coverage part provides such coverage. IL But if the written contract requires:' A. additional insured coverage under the 11-85 edition; 1090 edition,or 10-01 edition of CG2010,:or under the 10- 01 edition of CG2037; or B. additional insured coverage with'arising out of language;.or C. additional insured coverage to the greatest extent permissible by law; then paragraph I.above Is deleted in its entirety and replaced by the following: 0. WHO IS AN INSURED fs amended to include as an Insured.any person or organizationwhom you are required by written.contract to add as an additional insured on this.coverage part, but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of your work that is subject to such written contract. Ill. Subject always to the terms and conditions of this policy,including the limits of insurance,the insurer will not provide such additional insured with: A. coverage broader than required by the written contract;or B. .a higher limit of insurance than required by'the written contract. IV. The insurance granted by this endorsement to-the additional insured does not apply to.bodily ,Injury,property damage,or personal and advertising Injury arising out of: A. the rendering of,or the failure to render,any professional architectural,engineering,.or surveying services, including: 1. the preparing;approving;or falling to prepare or approve maps,shop.drawings, opinions, reports,.Surveys;; field orders,change orders or drawings and specifications;.and :2. supervisory, inspection,architectural or engineering activities;or B.: any premises or Work forwhich the additional insured is specifically listed as:an additional insured Oh another endorsement attached to this coverage part. V: Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition'entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary.in this Condition or elsewhere in this coverage Par t = CNA75079XX(10-16) Policy No: 6018450588 Page 1 of.2 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 07./25/2018 Insured Name:TEXAS WALL SYSTEMS, LLC Copyfght CNA All Rights Reserved. lncludea"copyiightwd rnatedal of Insurance ServiOds Offl e',Inc„with Its permisslori. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured Is a named insured,this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured;or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above,this Insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence,Offense,Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsementwill as soon as practicable: 1. give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the.investiigation, defense,or settlement of the claim;and 3. make available any other insurance,and tender the defense and'inde unity of any claim to any other insurer or. self-insurer,whose policy or program applies to a lossthat the Insurer covers under this coverage pad.However, if the written contract requires this insurance to be primary and non-contributory,this paragraph 3.does not apply to Insurance on which theadditional insured is a named insured. The Insurer has no duty to defend or Indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. ViI. Solely with respect to the insurance granted by this endorsement,thesection entitled DEFINITIONS is amended to .add the following definition: Written contract means a written contractor written agreementthat requires you to make a person or organization an additional insured on this coverage part,provided the contract or agreement A. is currently in effect or becomes effective:during the term of this policy; and B. was executed prior to:. 1. the bodily injury or property damage;or :2. the offense that caused the.personal and advertising injury;. for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible bylaw. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below,and expires concurrently with said Policy. CNA75079XX(10-16) Policy No:. 6018450588 Page 2 of 2 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 07/25/2018 Insured Name; TEXAS WALL SYSTEMS, LLC Copyright CNA Att Rights Reserved, Includes copyrighted material of Insurance Services.Office,Inc.,with its permission. CNA CNA PARAMOUNT • Pesticide or Herbicide Applicator a Limited Pollution Coverage Endorsement - Texas This endorsement modifies insurance provided under the following: • COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description Of Operations: ALL ONGOING OPERATIONS Limit Of Liability for property damage—$5,000 per occurrence unless otherwise indicated below: Per Occurrence information required to complete this Schedule,if not shown above,will be shown in the Declarations. O It is understood and agreed that with respect to the operations described in.the Schedule: 0 A. Under COVERAGES, Coverage A - Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions,the exclusion entitled Pollution, paragraph (1Xd) does not apply if the Insured is properly licensed to 'conduct such operations. 1. B: Under COVERAGES, Coverage A Bodily Injury And Property 'Damage Liability; the paragraph entitled Exclusions,the exclusion.entitled Damage To Property, paragraphs (4) and (5) do not apply to property damage occurring as a result of such operations performed at premises under the Named Insured's care,custody or control. C. The following is added to LIMITS OF INSURANCE, paragraph 5.: Subject to the Each Occurrence Limit, the most the Insurer will pay for property damage'to property covered in paragraph B.of this endorsement is'.$5,000 per occurrence unless otherwise indicated in.the Schedule. All other termsand conditions of the Peiicy*remain unchanged: This endorsement,which forms a part.of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date.of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. r CNA74790TX(1-15) Policy No: 6018450588 Page 1 of 1 Endorsement No: 2 TRANSPORTATION INSURANCE .COMPANY Effective Date: 07725/2018 Insured Name:TEXAS WALL SYSTEMS, LLC Copyright CNA AU Rights Reserved.. Includes.capyrighted material al Insurance Services Office,inc.,with Its permission: CNA CNA PARAMOUNT Lawn Care Services- Limited Pollution Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that under COVERAGES, Coverage A.— Bodily Injury And Property Damage Liability, Paragraph (1)(d) of Exclusion 1. Pollution in the section entitled Exclusions, does not apply to the application of herbicides or pesticides by an Insured on lawns under the Named Insured's regular care. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effectivedate of said Policy at the hourstated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. 8 g o' rn oO cV O, mra MIME CNA74807XX(1-15) Policy No: 6018450588 Page 1 of 1 Endorsement No: 3 TRANSPORTATION INSURANCE COMPANY Effective Date: 07/25/2.018 insured Name:TEXAS WALL SYSTEMS, LLC Copyright CNA All Rlghtts Reserved, Includes copyrighted material of Insurance;Services Office,Inc.,with Its permission. CNA CNA71527XX (Ed. 10/12) ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations 1. In conformance with paragraph A.1.c. of Who Is An insured of Section II LIABILITY COVERAGE, the person or organization scheduled above is an Insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a.primary and non-contributory basis if you have committed It to be so in a written contract or written agreement executed prior to the date of the `accident` for which the additional insured seeks coverage under this policy. All other Perms and conditions of the Policy remain unchanged. O - g 0 0 N" N�N yrs MI MN CNA71527XX(10/12) Policy No: C6018450591 Page 1 of 1 Endorsement No: Effective Date: 07/25/20.18 Insured Name: TEXAS WALL SYSTEMS, LLC Copyright CNA All Rights Reserved.. Form 1560 CERTIFICATE OF INSURANCE (Rev.5/18) f Previous editions of this form may not be used. Perxv4aan armnapm!eran Page 1 of 2 Agents should complete this form by providing all requested information,then either email,fax,or mail this form as noted at the bottom of page two. 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: Texas Wall Systems LLC; Texas Landscape Systems LLC;Texas Wall&Landscape LLC Street/Mailing Address: 654 N SAM HOUSTON PKWY E,SUITE 330 City/State/Zip: HOUSTON,TEXAS 77060 Phone Number: ( 713 ) 893 - 4594 WORKERS'COMPENSATION INSURANCE COVERAGE: Endorsed with a Waiver of Subrogation in favor of TxDOT. Carrier Name: Accident Fund Insurance Carrier Phone#: ( 888 ) 275 - 6094 Address:232 S.Capitol Avenue City,State,Zip: Lansing,MI 48901 Type of Insurance Policy Number Effective Date Expiration Date Limits of Liability: Workers'Compensation WCV61214032 7/25/2018 7/25/2019 Not Less Than: Statutory-Texas COMMERCIAL GENERAL LIABILITY INSURANCE: Carrier Name: Transportation Insurance Co Carrier Phone#: ( 248 ) 350 - 6130 Address: 1 Towne Square City,State,Zip: Southfield,MI 48076 Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Commercial General 6018450588 7/25/2018 7/25/2019 Not Less Than: Liability Insurance $600,000 each occurrence BUSINESS AUTOMOBILE POLICY: Carrier Name: Valley Forge Insurance Co. Carrier Phone#: ( 248 ) 350- - 6130 Address: 1 Towne Square City,State,Zip: Southfield,MI 48076 Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Business Automobile Policy 6018450591 7/25/2018 7/25/2019 Not Less Than: $600,000 combined single limit • UMBRELLA POLICY(if applicable): Carrier Name: Continental Insurance Co. Carrier Phone#: ( 248 ) 350 - 6130 Address: 1 Towne Square City,State,Zip:Southfield,MI 48076 Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Umbrella Policy 6018450610 7/25/2018 7/25/2019 $5,000,000 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 Address City, State, Zip Code VTC Insurance Group 1175 W.Long Lake Road Troy,MI 48098 ( 248 ) 828 - 3377 --- 7-25-2018 Authorized Agent's Phone Number Authorized Agent 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 Government Code,you are also entitled to have us correct information about you that is incorrect. Form 1560 (Rev.5/18) Page 2 of 2 ,— NOTES TO AGENTS: Agents must provide all requested information then either email, fax, or mail this form as noted 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 $500,000 each occurrence $100,000 each occurrence Property Damage $100,000 for aggregate PRIVATE AUTOMOBILE LIABILITY INSURANCE is not an acceptable substitute for a Business Automobile Policy. Completed forms may be submitted by any of the following methods: Email: CST_Insurance@txdot.gov Fax: (512)416-2536 Mail: Texas Department of Transportation CST—Contract Processing 125 E. 11th Street Austin,TX 78701-2483 CITY OF PEARLAND LGPP GENERAL CONDITIONS AND SCOPE OF WORK Section 00770-T ITEM 4L—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. PARTNERING The intent of this Article is to promote an environment of trust, mutual respect, integrity, and fair-dealing between the Owner and the Contractor. Informal partnering does not make use of a facilitator, while formal partnering uses the services of a facilitator(internal or external). 3.1. Procedures for Partnering Meetings and Format. Informal partnering is required, unless formal partnering is mutually agreed to instead of the informal partnering. 3.2. Facilitators. The facilitator is to act as a neutral party seeking to initiate cooperative working relationships. This individual must have the technical knowledge and ability to lead and guide discussions. Choose either an internal or external facilitator. The facilitator must be acceptable to the Engineer. 3.2.1. Internal Facilitators. An Owner or Contractor internal (staff)facilitator may be selected as the facilitator at no additional cost to either party. 3.2.2. External Facilitators. A private firm or individual that is independent of the Contractor and the Owner may be selected as the facilitator. Submit the facilitator's name and estimated fees for approval before contracting with the facilitator. 3.3. Meetings and Arrangements. Coordinate with the Engineer for meeting dates and times, locations including third party facilities, and other needs and 06-2018 00770-T 1 of 6 131 CITY OF PEARLAND LGPP GENERAL CONDITIONS AND SCOPE OF WORK appurtenances, including,but not limited to, audio or visual equipment. Make all meeting arrangements for formal partnering. Use Owner facilities or facilities in the vicinity of the project if available. Submit the estimated meeting costs for approval before finalizing arrangements. Coordinate facilitator discussions before the partnering meeting to allow the facilitator time to prepare an appropriate agenda. Prepare a list of attendees with job titles and include critical Contractor, subcontractor, and supplier staff in the list. Provide the facilitator the list of attendees and invite the attendees listed. The Owner will invite and provide a list of attendees that includes, but is not limited to, Owner, TxDOT, other local governments, law enforcement, railroad, and utility representatives. Participate in additional partnering meetings as mutually agreed. 3.4. Payment. Expenses for labor, Contractor equipment, or overhead will not be allowed. Markups as prescribed in Article 9.7., "Payment for Extra Work and Force Account Method,"will not be allowed. Informal partnering will be conducted with each party responsible for their own costs. For formal partnering using internal facilitators, the Contractor will be responsible for arrangements and for expenses incurred by its internal facilitator, including, but not limited to, meals, travel, and lodging. Owner facilitators, if available, may be used at no additional cost. For formal partnering using external facilitators, submit an invoice to the Engineer for reimbursement. The Owner will reimburse the Contractor for half of the eligible expenses as approved. For external facilitators not approved by the Owner but used at the Contractor's option, the Contractor will be responsible for all costs of the external facilitator. For meeting facilities and appurtenances, submit an invoice to the Engineer for reimbursement. The Owner will reimburse the Contractor for half of the eligible expenses as approved. 4. CHANGES IN THE WORK The Engineer reserves the right to make changes in the work including addition, reduction, or elimination of quantities and alterations needed to complete the Contract. Perform the work as altered. These changes will not invalidate the Contract nor release the Surety. The Contractor is responsible for notifying the sureties of any changes to the Contract. If the changes in quantities or the alterations do not significantly change the character of the work under the Contract, the altered work will be paid for at the 06-2018 00770-T 2 of 6 132 CITY OF PEARLAND LGPP GENERAL CONDITIONS AND SCOPE OF WORK Contract unit price. If the changes in quantities or the alterations significantly change the character of the work, the Contract will be amended by a change order. If no unit prices exist, this will be considered extra work and the Contract will be amended by a change order. Provide cost justification as requested, in an acceptable format. Payment will not be made for anticipated profits on work that is eliminated. Agree on the scope of work and the basis of payment for the change order before beginning the work. If there is no agreement, the Engineer may order the work to proceed under Article 9.7., "Payment for Extra Work and Force Account Method," or by making an interim adjustment to the Contract. In the case of an adjustment, the Engineer will consider modifying the compensation after the work is performed. A significant change in the character of the work occurs when: • the character of the work for any item as altered differs materially in kind or nature from that in the Contract or • a major item of work varies by more or less than 25% from the original Contract quantity. When the quantity of work to be done under any major item of the Contract is more than 125% of the original quantity stated in the Contract,then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. When the quantity of work to be done under any major item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. When mutually agreed, the unit price may be adjusted by multiplying the Contract unit price by the factor in Table 1. If an adjusted unit price cannot be agreed upon, the Engineer may determine the unit price by multiplying the Contract unit price by the factor in Table 1. Table 1 Quantity-Based Price Adjustment Factors % of Original Quantity Factor > 50 and<75 1.05 >25 and<50 1.15 <25 1.25 If the changes require additional working days to complete the Contract, Contract working days will be adjusted in accordance with Item 8, "Prosecution and Progress." 06-2018 00770-T 3 of 6 133 CITY OF PEARLAND LGPP GENERAL CONDITIONS AND SCOPE OF WORK 5. DIFFERING SITE CONDITIONS During the progress of the work, differing subsurface or latent physical conditions may be encountered at the site. The 2 types of differing site conditions are defined as: • those that differ materially from those indicated in the Contract and • unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract. Notify the Engineer in writing when differing site conditions are encountered. The Engineer will notify the Contractor when the Owner discovers differing site conditions. Unless directed otherwise, do not work on the affected items and leave the site undisturbed. The Engineer will investigate the conditions and determine whether differing site conditions exist. If the differing site conditions cause an increase or decrease in the cost or number of working days specified for the performance of the Contract, the Engineer will make adjustments, excluding the loss of anticipated profits, in accordance with the Contract. Additional compensation will be made only if the required written notice has been provided. 6. REQUESTS FOR ADDITIONAL COMPENSATION Notify the Engineer in writing of any intent to request additional compensation - once there is knowledge of the basis for the request. An assessment of damages is not required to be part of this notice but is desirable. The intent of the written notice requirement is to provide the Owner an opportunity to evaluate the request and to keep an accurate account of the actual costs that may arise. Minimize impacts and costs. If written notice is not given, the Contractor waives the right to additional compensation unless the circumstances could have reasonably prevented the Contractor from knowing the cost impact before performing the work.Notice of the request and the documentation of the costs will not be construed as proof or substantiation of the validity of the request. Submit the request in enough detail to enable the Owner to determine the basis for entitlement, adjustment in the number of working days specified in the Contract, and 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 06-2018 00770-T 4 of 6 134 CITY OF PEARLAND LGPP GENERAL CONDITIONS AND SCOPE OF WORK 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: 6.1. Standby Equipment Costs. Payment will be made in accordance with Section 9.7.1.4.3., "Standby Equipment Costs." • 6.2. Project Overhead. Project overhead is defined as the administrative and supervisory expenses incurred at the work locations. When delay to project completion occurs, reimbursement for project overhead for the Contractor will be made using the following options: • reimbursed at 6% (computed as daily cost by dividing 6% of the original Contract amount by the number of original Contract work days), or • actual documented costs for the impacted period. Project overhead for delays impacting subcontractors will be determined from actual documented costs submitted by the Contractor. Time extensions and suspensions alone will not be justification for reimbursement for project overhead. 6.3. Home Office Overhead. The Owner will not compensate the Contractor for home office overhead. 7. DISPUTE OR CLAIMS PROCEDURE The dispute resolution policy promotes a cooperative attitude between the Engineer and Contractor. Emphasis is placed on resolving issues while they are still current, at the project office, and in an informal manner. Open sharing of information is encouraged by all parties involved so the information provided completely and accurately reflects the issues and facts. If information is not shared, decisions may be limited to relying on the documentation that is available for review. The Owners' goal is to have a dispute settled by the Engineer before elevating it as a claim. If the Contractor desires to take exception to any direction or instruction given by the Engineer, follow the procedures as outlined in Section 00700, Article 7.07 Time of Filing Claims. 06-2018 00770-T 5 of 6 135 CITY OF PEARLAND LGPP GENERAL CONDITIONS AND SCOPE OF WORK If a dispute cannot be resolved, follow the procedures as outlined in Section 00700 Article 9.0 Dispute Resolution. 06-2018 00770-T 6 of 6 136 CITY OF PEARLAND LGPP GENERAL CONDITIONS AND CONTROL OF THE WORK Section 00780-T 5L—LGPP GENERAL CONDITIONS AND CONTROL OF THE WORK 1. 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 indicated 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. 06-2018 00780-T 1 of 8 137 CITY OF PEARLAND LGPP GENERAL CONDITIONS AND CONTROL OF THE WORK _ Table 1 Signature and Approval Requirements for Working Drawings Requires Licensed Professional Requires Working Drawings For Engineer's Owner Signature, Seal, Approval and Date 1. Alternate or optional designs submitted by Yes Yes Contractor 2. Supplementary shop and No See fabrication drawings for unless required applicable structural Items on the plans Item 3. Contractor-proposed temporary facilities that Yes Yes affect the public safety, not included on the plans Bridges, retaining Yes 4. Form walls, and unless otherwise No' and other major shown on the plans falsework structures details Minor No structures unless otherwise No shown on the plans 5. Erection drawings Yes No1,2 6. Contractor-proposed major modifications to Yes Yes traffic control plan 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 06-2018 00780-T 2 of 8 138 CITY OF PEARLAND LGPP GENERAL CONDITIONS AND CONTROL OF THE WORK 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. Acceptance of Defective or Unauthorized Work. When work fails to meet Contract requirements,but is adequate to serve the design purpose, the Engineer will decide the extent to which the work will be accepted and remain in place. The Engineer will document the basis of acceptance by a letter and may adjust the Contract price. 3.2. 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. 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. However, in the case of conflict between plans (including general notes) and specifications regarding responsibilities for hazardous materials and traffic control in Items 1L through 9L and Item 502, "Barricades, Signs, and Traffic Handling," special provisions govern over standard specifications and special specifications, which govern over the plans. 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. 06-2018 00780-T 3 of 8 139 CITY OF PEARLAND LGPP GENERAL CONDITIONS AND CONTROL OF THE WORK 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. At the 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. Immediately notify the appropriate utility of service interruptions resulting from damage due to construction activities. Cooperate with utilities until service is 06-2018 00780-T 4 of 8 140 CITY OF PEARLAND LGPP GENERAL CONDITIONS AND CONTROL OF THE WORK 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 Contractor 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 06-2018 00780-T 5 of 8 141 CITY OF PEARLAND LGPP GENERAL CONDITIONS AND CONTROL OF THE WORK damaged by the Contractor's or its subcontractor operations. If the Owner 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. 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, including 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 Contract, 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. 06-2018 00780-T 6 of 8 142 CITY OF PEARLAND LGPP GENERAL CONDITIONS AND CONTROL OF THE WORK 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. 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 interfere with the rights of the parties to the Contract. 11. FINAL CLEANUP Upon completion of the work,remove litter, debris, objectionable material, temporary structures, excess materials, and equipment from the work locations. Clean and restore property damaged by the Contractor's operations during the prosecution of the work. Leave the work locations in a neat and presentable condition. This work will not be paid for directly but will be considered subsidiary to items of the Contract. Remove from the right of way cofferdams, construction buildings, material and fabrication plants, temporary structures, excess materials, and debris resulting from construction. Where work is in a stream, remove debris to the ground line of the bed of the stream. Leave stream channels and rights of way in a neat and presentable condition. Clean structures to the flow line or the elevation of the outfall channel, whichever is higher. Dispose of all excess material in accordance with federal, state, and local regulations. 12. FINAL ACCEPTANCE 12.1. Final acceptance is made when all work is complete and the Engineer, in writing, accepts all work for the work locations in the Contract. 12.1.1. Work Completed. Work completed must include work for vegetative establishment and maintenance, test, and performance periods and work to meet the requirements of Article 5.11., "Final Cleanup." 12.1.2. Final Inspection. After all work is complete, the Contractor will request a final inspection by the Engineer authorized to accept the work. The final inspection will be made as soon as possible, and not later than 10 calendar days after the request. No working day charges will be made between the date of request and final inspection. 06-2018 00780-T 7 of 8 143 CITY OF PEARLAND LGPP GENERAL CONDITIONS AND CONTROL OF THE WORK After the final inspection, if the work is satisfactory, the Engineer will notify the Contractor in writing of the final acceptance of the work. If the final inspection finds any work to be unsatisfactory, the Engineer will identify in writing all deficiencies in the work requiring correction. Correct the deficiencies identified. Working day charges will resume if these deficiencies are not corrected within 7 calendar days,unless otherwise approved. Upon correction, the Engineer will make an inspection to verify that all deficiencies were corrected satisfactorily. The Engineer will provide written notice of the final acceptance. 12.1.3. Final Measurement. Final measurements and pay quantity adjustments may be made after final acceptance. 12.1.4. Removal of Traffic Control Devices. Remove construction traffic control devices and advance warning signs upon final acceptance or as directed. 06-2018 00780-T 8 of 8 144 CITY OF PEARLAND LGPP CONTROL OF MATERIALS Section 00790-T ITEM 6L—LGPP 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 Article 6.4., "Sampling, Testing and Inspection." 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. MATERIAL QUALITY Correct or remove materials that fail to meet Contract requirements or that do not produce satisfactory results. Reimburse the Owner for cost incurred if additional sampling and testing is required by a change of source. 06-2018 00790-T 1 of 6 145 CITY OF PEARLAND LGPP CONTROL OF MATERIALS Materials not meeting Contract requirements will be rejected, unless the Engineer approves corrective actions. Upon rejection, immediately remove and replace rejected materials. If the Contractor does not comply with this article, the Owner may have defective material removed and replaced. The cost of testing,removal, and replacement will be deducted from the estimate. 3. MANUFACTURER WARRANTIES Transfer to the Owner warranties and guarantees required by the Contract or received as part of normal trade practice. 4. SAMPLING, TESTING, AND INSPECTION Incorporate into the work only material that has been inspected, tested, and accepted by the Engineer. Remove, at the Contractor's expense, materials from the work locations that are used without prior testing and approval or written permission. Unless otherwise mutually agreed, the material requirements and standard test methods in effect at the time the proposed Contract is advertised govern. Unless otherwise noted, the Engineer will perform testing at Owner's expense. In addition to facilities and equipment required,by the Contract, furnish facilities and calibrated equipment required for tests to control the manufacture of construction items. If requested,provide a complete written statement of the origin, composition, and manufacture of materials. All materials used are subject to inspection or testing at any time during preparation or use. Material which has been tested and approved at a supply source or staging area may be reinspected or tested before or during incorporation into the work, and rejected if it does not meet Contract requirements. Copies of test results are to be made available upon request. Do not use material that, after approval,becomes unfit for use. Unless otherwise noted in the Contract, all testing must be performed within the United States and witnessed by the Engineer. If materials or processes require testing outside the contiguous 48 United States,reimburse the Owner for inspection expenses. 5. PLANT INSPECTION AND TESTING The Engineer may,but is not obligated to, inspect materials at the acquisition or manufacturing source. Material samples will be obtained and tested for compliance with quality requirements. 06-2018 00790-T 2 of 6 146 CITY OF PEARLAND LGPP CONTROL OF MATERIALS -" If inspection is at the plant, meet the following conditions unless otherwise specified: • Cooperate fully and assist the Engineer during the inspection. • Ensure the Engineer has full access to all parts of the plant used to manufacture or produce materials. • In accordance with pertinent items and the Contract,provide a facility at the plant for use by the Engineer as an office or laboratory. • Provide and maintain adequate safety measures and restroom facilities. • Furnish and calibrate scales, measuring devices, and other necessary equipment. The Engineer may provide inspection for periods other than daylight hours if: • continuous production of materials for Owner use is necessary due to the production volume being handled at the plant, and • the lighting is adequate to allow satisfactory inspection. 6. STORAGE OF MATERIALS Store and handle materials to preserve their quality and fitness for the work. Store materials so that they can be easily inspected and retested. Place materials under cover, on wooden platforms, or on other hard, clean surfaces as necessary or when directed. Obtain approval to store materials on the right of way. Storage space off the right of way is at the Contractor's expense. 7. OWNER-FURNISHED MATERIAL The Owner will supply materials as shown in the Contract documents. The cost of handling and placing materials supplied by the Owner will not be paid for directly but is subsidiary to the item in which they are used. Assume responsibility for materials upon receipt. 8. USE OF MATERIALS FOUND ON THE RIGHT OF WAY Material found in the excavation areas and meeting the Owner's specifications may be used in the work. This material will be paid for at the Contract bid price for excavation and under the item for which the material is used. Do not excavate or remove any material from within the right of way that is not within the limits of the excavation without written permission. If excavation is allowed within a right of way project-specific location(PSL), replace the removed material with suitable material at no cost to the Owner as directed. 06-2018 00790-T 3 of 6 147 CITY OF PEARLAND LGPP CONTROL OF MATERIALS 9. 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 accordance with DMS-11000, "Evaluating and Using Nonhazardous Recyclable Materials Guidelines," and furnish all documentation required by that specification. 10. HAZARDOUS MATERIALS Use materials that are free of hazardous materials as defined in Specification 00110-T, ITEM 1L—LGPP Abbreviations and Definitions Supplement. 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 Contractor 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. 10.1. Painted Steel Requirements. Paint containing hazardous materials will be removed as shown on the plans. 10.1.1. 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. 06-2018 00790-T 4 of 6 148 CITY OFPEARLAND LGPP CONTROL OF MATERIALS 10.1.2. 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. 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." 10.2. 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 Salvageable Material." 10.3. 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 06-2018 00790-T 5 of 6 149 CITY OF PEARLAND LGPP CONTROL OF MATERIALS 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. 10.4. 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. 11. SURPLUS MATERIALS 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 for the use of the property for this purpose upon request. 06-2018 00790-T 6 of 6 150 CITY OF PEARLAND LGPP LEGAL RELATIONS AND RESPONSIBILITIES Section 00795-T ITEM 7L—LGPP LEGAL RELATIONS AND RESPONSIBILITIES 1. SAFETY 1.1. Point of Contact. Designate a Contractor 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' 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. 1.2. Safety Preconstruction Meeting. In cooperation with the Engineer, schedule and attend a safety preconstruction meeting(may be a part of the preconstruction conference in Article 4.2., "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. 1.3. 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 Item 502.2.2., "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. 1.4. 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 06-2018 00795-1 1 of 13 151 CITY OF PEARLAND LGPP LEGAL RELATIONS AND RESPONSIBILITIES 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. 1.5. 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. 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. 2. 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 representatives 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. 3. 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 Article 7.6., "Preservation of Cultural and Natural Resources and the Environment." 06-2018 00795-T 2 of 13 152 CITY OF PEARLAND LGPP LEGAL RELATIONS AND RESPONSIBILITIES 4. 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. 5. PERSONAL LIABILITY OF PUBLIC OFFICIALS Owner employees are agents and representatives of the Owner and will incur no liability,personal or otherwise, in carrying out the provisions of the Contract or in exercising any power or authority granted under the Contract. 6. 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. 6.1. 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. 6.2. Texas Pollutant Discharge Elimination System (TPDES) Permits and Storm Water Pollution Prevention Plans (SWP3). The Contractor will file th&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. 6.3. 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 Contractor- initiated changes in the construction method changes the impacts to waters of the U.S., obtain new or revised Section 404 permits. 6.4. 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. 06-2018 00795-T 3 of 13 153 CITY OF PEARLAND LGPP LEGAL RELATIONS AND RESPONSIBILITIES 6.5. Work Over the Recharge or Contributing Zone of Protected Aquifers. Make every reasonable effort to minimize thedegradation 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. 6.6. 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 facilities, 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. 7. AGRICULTURAL IRRIGATION Regulate the sequence of work and make provisions as necessary to provide for agricultural irrigation or drainage during the work. Meet with the Irrigation 06-2018 00795-T 4 of 13 154 CITY OF PEARLAND LGPP LEGAL RELATIONS AND RESPONSIBILITIES District or land owner to determine the proper time and sequence when irrigation demands will permit shutting-off water flows to perform work. Unless otherwise provided on the plans,the work performed under this article will not be measured or paid for directly but will be subsidiary to pertinent items. 8. SANITARY PROVISIONS Provide and maintain adequate, neat, and sanitary toilet accommodations for employees, including Owner employees, in compliance with the requirements and regulations of the Texas Department of Health or other authorities with jurisdiction. 9. 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 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. 10. USING EXPLOSIVES Do not endanger life or property. The contractor is required to submit a written Blasting Plan if required by the plans or requested by the Engineer. The Owner retains the right to reject the blasting plan. Store all explosives securely and clearly mark all storage places with"DANGER—EXPLOSIVES." Store,handle, and use explosives and highly flammable material in compliance with federal, state, and local laws, ordinances, and regulations. Assume liability for property damage, injury, or death resulting from the use of explosives. Give at least a 48-hr. advance notice to the appropriate Road Master before doing any blasting work involving the use of electric blasting caps within 200 ft. of any railroad track. 11. 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 06-2018 00795-T 5 of 13 155 CITY OF PEARLAND LGPP LEGAL RELATIONS AND RESPONSIBILITIES 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. 12. 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 Article 8.4., "Tempo. 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. 13. RESTORING SURFACES OPENED BY PERMISSION Do not authorize anyone to make an opening in the highway for utilities, drainage, or any other reason without written permission by the Engineer. Repair 06-2018 00795-T 6 of 13 156 CITY OF PEARLAND LGPP LEGAL RELATIONS AND RESPONSIBILITIES all openingsrary Suspension of Work or Working Day Charges," as directed by the Engineer. Payment for repair of surfaces opened by permission will be made in accordance with pertinent items or Article 4.4., "Changes in the Work." Costs associated with openings made with Contractor authorization but without Owner approval will not be paid. 14. PROTECTING ADJACENT PROPERTY Protect adjacent property from damage. If any damage results from an act or omission on the part of or on behalf of the Contractor, take corrective action to restore the damaged property to a condition similar or equal to that existing before the damage was done. 15. RESPONSIBILITY FOR DAMAGE CLAIMS 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 due to the Contractor's negligence in the performance of the work and from any claims arising or amounts recovered under any laws, including workers' compensation and the Texas Tort Claims Act. Indemnify and save harmless the Owner and assume responsibility for all damages and injury to property of any character occurring during the prosecution of the work resulting from any act, omission, neglect, or misconduct on the Contractor's part in the manner or method of executing the work; from failure to properly execute the work; or from defective work or material. Pipelines and other underground installations that may or may not be shown on the plans may be located within the right of way. Indemnify and save harmless the Owner from any suits or claims resulting from damage by the Contractor's operations to any pipeline or underground installation. Make available the scheduled sequence of work to the respective utility owners so that they may coordinate and schedule adjustments of their utilities that conflict with the proposed work. 16. 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. 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 06-2018 00795-T 7 of 13 157 CITY OF PEARLAND LGPP LEGAL RELATIONS AND RESPONSIBILITIES 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. 16.1. 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. 16.2. 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, 06-2018 00795-T 8 of 13 158 CITY OF PEARLAND LGPP LEGAL RELATIONS AND RESPONSIBILITIES 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. 16.3. 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. 16.4. 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. 17. CONTRACTOR'S RESPONSIBILITY FOR WORK Until final acceptance of the Contract, take every precaution against injury or damage to any part of the work by the action of the elements or by any other cause, whether arising from the execution or from the nonexecution of the work. Protect all materials to be used in the work at all times, including periods of suspension. When any roadway or portion of the roadway is in suitable condition for travel, it may be opened to traffic as directed. Opening of the roadway to traffic does not constitute final acceptance. Repair damage to all work until final acceptance. Repair damage to existing facilities in accordance with the Contract or as directed. Repair damage to existing facilities or work caused by Contractor operations at the Contractor's expense. Repair work for damage that was not due to the Contractor's operations will not be paid for except as provided below. 17.1. Reimbursable Repair. Except for damage to appurtenances listed in Section 00795T 17.2.1., "Unreimbursed Repair," the Contractor will be reimbursed for repair of damage caused by: • motor vehicle,watercraft, aircraft, or railroad-train incident; or • vandalism; or 17.2. Appurtenances. 17.2.1. Unreimbursed Repair. Reimbursement will not be made for repair of damage to the following temporary appurtenances,regardless of cause: 06-2018 00795-T 9 of 13 159 CITY OF PEARLAND LGPP LEGAL RELATIONS AND RESPONSIBILITIES • signs, • barricades, • changeable message signs, and • other work zone traffic control devices. Crash cushion attenuators and guardrail end treatments are the exception to the above listing and are to be reimbursed in accordance with Section 00795-T 17.2.2., "Reimbursed Repair." Where the Contractor retains replaced appurtenances after completion of the project,the Owner will limit the reimbursement to the cost that is above the salvage value at the end of the project. 17.2.2. Reimbursed Repair. Reimbursement will be made for repair of damage due to the causes listed in Section 00795-T 17.1., "Reimbursable Repair,"to appurtenances (including temporary and permanent crash cushion attenuators and guardrail end treatments). 17.3. 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 Section 00795-T 17.1., "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. 17.4. 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 Section 00795-T 17.1., "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. 17.5. 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. 17.5.1. Isolated Work Locations. For isolated work locations, when all work is completed, including work for Article 5.11., "Final Cleanup,"the Engineer may relieve the Contractor from responsibility for maintenance. 17.5.2. Work Except for Vegetative Establishment and Test Periods. When all work for all or isolated work locations has been completed, including work for Section 00780-T Item 11., "Final Cleanup,"with the exception of vegetative establishment and maintenance periods and test and performance periods, the 06-2018 00795-T 10 of 13 160 CITY OF PEARLAND LGPP LEGAL RELATIONS AND RESPONSIBILITIES Engineer may relieve the Contractor from responsibility for maintenance of completed portions of work. 17.5.3. 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. 17.5.4. When Directed by the Engineer. The Engineer may relieve the Contractor from the responsibility for maintenance when directed. 17.6. Basis of Payment. When reimbursement for repair work is allowed and performed,payment will be made in accordance with pertinent items or Article 4.4., Changes in the Work." 18. ELECTRICAL REQUIREMENTS 18.1. Definitions. 18.1.1. Electrical Work. Electrical work is work performed for: • Item 610, "Roadway Illumination Assemblies," • Item 614, "High Mast Illumination Assemblies," • Item 616, "Performance Testing of Lighting Systems," • Item 617, "Temporary Roadway Illumination," • Item 618, "Conduit," • Item 620, "Electrical Conductors," • Item 621, "Tray Cable," • Item 622, "Duct Cable," • Item 628, "Electrical Services," • Item 680, "Highway Traffic Signals," • Item 681, "Temporary Traffic Signals," • Item 684, "Traffic Signal Cables," • Item 685, "Roadside Flashing Beacon Assemblies," • other items that involve either the distribution of electrical power greater than 50 volts or the installation of conduit and duct banks, • the installation of conduit and wiring associated with Item 624, "Ground Boxes," and Item 656, "Foundations for Traffic Control Devices," and • the installation of the conduit system for communication and fiber optic cable. Electrical work does not include the installation of communications or fiber optic cable, or the connections for low voltage and inherently power limited circuits such as electronic or communications equipment. Assembly and placement of poles, structures, cabinets, enclosures, manholes, or other hardware will not be considered electrical work as long as no wiring,wiring connections, or conduit work is done at the time of assembly and placement. 06-2018 00795-T 11 of 13 161 CITY OF PEARLAND LGPP LEGAL RELATIONS AND RESPONSIBILITIES 18.1.2. Specialized Electrical Work. Specialized electrical work is work that includes the electrical service and feeders, sub-feeders, branch circuits, controls, raceways, and enclosures for the following: • pump stations, • moveable bridges, • • ferry slips, • motor control centers, • facilities required under Item 504, "Field Office and Laboratory," • rest area or other public buildings, • weigh-in-motion stations, • electrical services larger than 200 amps, • electrical services with main or branch circuit breaker sizes not shown in the Contract, and • any 3-phase electrical power. 18.1.3. Certified Person. A certified person is a person who has passed the test from the TxDOT course TRF450, "TxDOT Roadway Illumination and Electrical Installations," or other courses as approved by the Owner. Submit a current and valid certification upon request. 18.1.4. Licensed Electrician. A licensed electrician is a person with a current and valid unrestricted master electrical license, or unrestricted journeyman electrical license that is supervised or directed by an unrestricted master electrician. An unrestricted master electrician need not be on the work locations at all times electrical work is being done,but the unrestricted master electrician must approve work performed by the unrestricted journeyman. Licensed electrician requirements by city ordinances do not apply to on state system work. The unrestricted journeyman and unrestricted master electrical licenses must be issued by the Texas Department of Licensing and Regulation or by a city in Texas with a population of 50,000 or greater that issues licenses based on passing a written test and demonstrating experience. The Engineer may accept other states' electrical licenses. Submit documentation of the requirements for obtaining that license. Acceptance of the license will be based on sufficient evidence that the license was issued based on: • passing a test based on the NEC similar to that used by Texas licensing officials, and • sufficient electrical experience commensurate with general standards for an unrestricted master and unrestricted journeyman electrician in the State of Texas. ' 18.2. Work Requirements. The qualifications required to perform electrical work and specialized electrical work are listed in Table 2. 06-2018 00795-T 12 of 13 162 CITY OF PEARLAND LGPP LEGAL RELATIONS AND RESPONSIBILITIES Table 2 Work Requirements Type of Work Qualifications to Perform Work Licensed electrician, certified Electrical work with plans person, or workers directly supervised by a licensed electrician or certified person Licensed electrician or workers Electrical work without plans directly supervised by a licensed electrician Licensed electrician or workers Specialized electrical work directly supervised by a licensed electrician Licensed electrician, certified Replace lamps, starting aids, person, or workers directly and changing fixtures supervised by a licensed electrician or certified person Conduit in precast section with Inspection by licensed approved working drawings electrician or certified person Conduit in cast-in-place section Inspection by licensed electrician or certified person All other electrical work Licensed electrician or workers (troubleshooting,repairs, directly supervised by a component replacement, etc.) licensed electrician A licensed electrician must be physically present during all electrical work when Table 2 states that workers are to be directly supervised by a licensed electrician or certified person. A non-certified person may install conduit in cast-in-place concrete sections if the work is verified by a certified person before concrete placement. When the plans specify IMSA certification, the requirements of Table 2 will still apply to the installation of the conduit, ground boxes, electrical services,pole grounding, and electrical conductors installed under Item 620, "Electrical Conductors." 06-2018 00795-T 13 of 13 163 CITY OF PEARLAND LGPP PROSECUTION AND PROGRESS Section 00796-T ITEM 8L—PROSECUTION AND PROGRESS 1. PROSECUTION OF WORK Unless otherwise shown in the Contract,begin work within 10 calendar days after the authorization date to begin work as shown on the Notice to Proceed. Prosecute the work continuously to completion within the working days specified. Unless otherwise shown in the Contract documents, work may be prosecuted in concurrent phases if no changes are required in the traffic control plan or if a revised traffic control plan is approved. Notify the Engineer at least 24 hr. before beginning work or before beginning any new operation. Do not start new operations to the detriment of work already begun. Minimize interference to traffic. 2. 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. 2.1. Construction Contracts. 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 06-2018 00796-T 1 of 12 164 CITY OF PEARLAND LGPP PROSECUTION AND PROGRESS 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 or 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. 2.2. Payments to Subcontractors. Report payments for DBE/HUB/SBE subcontracts including tiered DBE/HUB/SBE subcontracts in the manner as prescribed by the Owner. 2.3. Payment Records. Make payment records, including copies of cancelled checks, available for inspection by the Owner. Submit payment records upon request. Retain payment records for a period of 3 yr. following completion of the Contract work or as specified by the Owner. Failure to submit this information to the Engineer by the 20th day of each month will result in the Owner taking actions, including,but not limited to,withholding estimates and suspending the work. This work will not be measured or paid for directly but will be subsidiary to pertinent items. 3. COMPUTATION OF CONTRACT TIME FOR COMPLETION Upon request,the Engineer will provide the conceptual time determination schedule to the Contractor for informational purposes only. The schedules assume generic resources,production rates, sequences of construction and average weather conditions based on historic data. The Owner will not adjust the number of working days and milestones, if any, due to differences in opinion regarding 06-2018 00796-T 2 of 12 165 CITY OF PEARLAND LGPP PROSECUTION AND PROGRESS any assumptions made in the preparation of the schedule or for errors, omissions, or discrepancies found in the Owner's conceptual time schedule. The number of working days is established by the Contract. Working day charges will begin on the date established by the written authorization to begin work. Working day charges will continue in accordance with the Contract. The Engineer may consider increasing the number of working days under extraordinary circumstances. 3.1. Working Day Charges. Working days will be charged in accordance with Section 8.3.1.4., "Standard Workweek,"unless otherwise shown in the Contract documents. Working days will be computed and charged in accordance with one of the following: 3.1.1. Five-Day Workweek. Working days will be charged Monday through Friday, excluding national holidays, regardless of weather conditions or material availability. The Contractor has the option of working on Saturdays. Provide sufficient advance notice when scheduling work on Saturdays. Work on Sundays and national holidays will not be permitted without written permission. If work requiring an Inspector to be present is performed on a Saturday, Sunday, or national holiday, and weather and other conditions permit the performance of work for 6 hr. between 7 A.M. and 6 P.M., a working day will be charged. 3.1.2. Six-Day Workweek. Working days will be charged Monday through Saturday, excluding national holidays, regardless of weather conditions or material availability. Work on Sundays and national holidays will not be permitted without written permission. If work requiring an Inspector to be present is performed on a Sunday or a national holiday, and weather or other conditions permit the performance of work for 6 hr. between 7 A.M. and 6 P.M., a working day will be charged. 3.1.3. Seven-Day Workweek. Working days will be charged Monday through Sunday, excluding national holidays, regardless of weather conditions or material availability. Work on national holidays will not be permitted without written permission. If work is performed on any of these holidays requiring an Inspector to be present, and weather or other conditions permit the performance of work for 6 hr. between 7 A.M. and 6 P.M., a working day will be charged. 3.1.4. Standard Workweek. Working days will be charged Monday through Friday, excluding national or state holidays, if weather or other conditions permit the performance of the principal unit of work underway, as determined by the Engineer, for a continuous period of at least 6 hr. between 7 A.M. and 6 P.M., unless otherwise shown in the Contract. The Contractor has the option of working on Saturdays or state holidays. Provide sufficient advance notice to the Engineer when scheduling work on Saturdays. Work on Sundays and national holidays will not be permitted without written permission. If work requiring an Inspector to be present is performed on a Saturday, Sunday, or holiday, and weather or other 06-2018 00796-T 3 of 12 166 CITY OF PEARLAND LGPP PROSECUTION AND PROGRESS conditions permit the performance of work for 6 hr. between 7 A.M. and 6 P.M., a working day will be charged. 3.1.5. Calendar Day. Working days will be charged Sunday through Saturday, including all holidays, regardless of weather conditions, material availability, or other conditions not under the control of the Contractor. 3.2. Restricted Work Hours. Restrictions on Contractor work hours and the related definition for working day charges are as prescribed in this article unless otherwise shown in the Contract documents. 3.3. Nighttime Work. Nighttime work is allowed only when shown in the Contract documents or as directed. Nighttime work is defined as work performed from 30 min. after sunset to 30 min. before sunrise. 3.3.1. Five-, Six-, and Seven-Day Workweeks.Nighttime work that extends past midnight will be assigned to the following day for the purposes of approval for allowing work on Sundays or national holidays. 3.3.2. Standard Workweek. 3.3.2.1. Nighttime Work Only. When nighttime work is allowed or required and daytime work is not allowed, working day charges will be made when weather and other conditions permit the performance of the principal unit of work underway, as determined by the Engineer, for a continuous period of at least 6 hr. for the nighttime period, as defined in Section 8.3.3., "Nighttime Work,"unless otherwise shown in the Contract documents. 3.3.2.2. Nighttime Work and Daytime Work Requiring Inspector. When nighttime work is performed or required and daytime work is allowed, working day charges will be made when weather and other conditions permit the performance of the principal unit of work underway, as determined by the Engineer, for a continuous • period of at least 6 hr. for the nighttime period, as defined in Section 8.3.3., "Nighttime Work," or for a continuous period of at least 6 hr. for the alternative daytime period unless otherwise shown in the Contract documents. Only one day will be charged for each 24-hr. time period. When the Engineer agrees to restrict work hours to the nighttime period only, working day charges will be in accordance with Section 8.3.3.2.1., "Nighttime Work Only." 4. TEMPORARY SUSPENSION OF WORK OR WORKING DAY CHARGES The Engineer may suspend the work, wholly or in part, and will provide notice and reasons for the suspension in writing. Suspend and resume work only as directed in writing. When part of the work is suspended, the Engineer may suspend working day charges only when conditions not under the control of the Contractor prohibit the 06-2018 00796-T 4 of 12 167 CITY OF PEARLAND LGPP PROSECUTION AND PROGRESS performance of critical activities. When all of the work is suspended for reasons not under the control of the Contractor, the Engineer will suspend working day charges. 5. PROJECT SCHEDULES Prepare, maintain, and submit project schedules. Project schedules are used to convey the Contractor's intended work plan to the Owner. Prepare project schedules with a level of effort sufficient for the work being performed. Project schedules will not be used as a basis to establish the amount of work performed or for the preparation of the progress payments. 5.1. Project Scheduler. Designate an individual who will develop and maintain the progress schedule. The Project Scheduler will be prepared to discuss, in detail, the proposed sequence of work and methods of operation, and how that information will be communicated through the Progress Schedule at the Preconstruction Meeting. This individual will also attend the project meetings and make site visits to prepare, develop, and maintain the progress schedules. 5.2. Construction Details. Before starting work,prepare and submit a progress schedule based on the sequence of work and traffic control plan shown in the Contract documents. At a minimum,prepare the progress schedule as a Bar Chart or Critical Path Method(CPM), as shown on the plans. Include all planned work activities and sequences and show Contract completion within the number of working days specified. Incorporate major material procurements, known utility relocations, and other activities that may affect the completion of the Contract in the progress schedule. Show a beginning date, ending date, and duration in whole working days for each activity. Do not use activities exceeding 20 working days, except for agreed upon activities. Show an estimated production rate per working day for each work activity. 5.3. Schedule Format. Format all project schedules according to the following: • Begin the project schedule on the date of the start of Contract time or start of activities affecting work on the project; • Show the sequence and interdependence of activities required for complete performance of the work. If using a CPM schedule, show a predecessor and a successor for each activity; and • Ensure all work sequences are logical and show a coordinated plan of the work. CPM schedules must also include: • Clearly and accurately identify the critical path as the longest continuous path; • Provide a legend for all abbreviations, run date, data date, project start date, and project completion date in the title block of each schedule submittal; and 06-2018 00796-T 5 of 12 168 CITY OF PEARLAND LGPP PROSECUTION AND PROGRESS • Through the use of calendars, incorporate seasonal weather conditions into the schedule for work(e.g., earthwork, concrete paving, structures, asphalt, drainage, etc.) that may be influenced by temperature or precipitation. Also, incorporate non-work periods such as holidays, weekends, or other non-work days as identified in the Contract. 5.4. Activity Format. For each activity on the project schedule provide: • A concise description of the work represented by the activity; • An activity duration in whole working days; • Code activities so that organized plots of the schedule may be produced. CPM schedules must also include the quantity of work and estimated production rate for major items of work. Provide enough information for review of the work being performed. 5.5. Schedule Types. 5.5.1. Bar Chart. Seven calendar days before the preconstruction meeting,prepare and submit a hard copy of the schedule using the bar chart method. 5.5.1.1. Progress Schedule Reviews. Update the project schedule and submit a hard copy when changes to the schedule occur or when requested. 5.5.2. Critical Path Method. Prepare and submit the schedule using the CPM. 5.5.2.1. Preliminary Schedule. Seven calendar days before the preconstruction meeting, submit both the plotted and electronic copies of the project schedule showing work to be performed within the first 90 calendar days of the project. 5.5.2.2. Baseline Schedule. The baseline schedule will be considered the Contractor's plan to successfully construct the project within the time frame and construction sequencing indicated in the Contract. Submit both plotted and electronic copies of the baseline schedule. Submit 2 plots of the schedule: one organized with the activities logically grouped using the activity coding; and the other plot showing only the critical path determined by the longest path, not based on critical float. Develop and submit the baseline schedule for review within the first 45 calendar days of the project unless the time for submission is extended. 5.5.2.2.1. Review. Within 15 calendar days of receipt of the schedule, the Engineer will evaluate, and inform the Contractor if the schedule has been accepted. If the schedule is not accepted, the Engineer will provide comments to the Contractor for incorporation. Provide a revised schedule based on the Engineer's comments, or reasons for not doing so within 10 calendar days. The Engineer's review and acceptance of the project schedule is for conformance to the requirements of the Contract documents only and does not relieve the Contractor of any responsibility 06-2018 00796-T 6 of 12 169 CITY OF PEARLAND LGPP PROSECUTION AND PROGRESS for meeting the interim milestone dates (if specified) or the Contract completion date. Review and acceptance does not expressly or by implication warrant, acknowledge, or admit the reasonableness of the logic or durations of the project schedule. If the Contractor fails to define any element of work, activity, or logic and the Engineer's review does not detect this omission or error, the Contractor is responsible for correcting the error or omission. Submit an acceptable baseline schedule before the 90th calendar day of the project unless the time for submission is extended. 5.5.2.3. Progress Schedule. Maintain the project schedule for use by both the Contractor and the Engineer. Submit both the plotted and electronic copy as it will become an as-built record of the daily progress achieved on the project. If continuous progress of an activity is interrupted for any reason except non-work periods (such as holidays, weekend, or interference from temperature or precipitation), then the activity will show the actual fmish date as that date of the start of the interruption and the activity will be broken into a subsequent activity(or activities, based on the number of interruptions) similarly numbered with successive alpha character as necessary. The original duration of the subsequent activity will be that of the remaining duration of the original activity. Relationships of the subsequent activity will match those of the original activity so that the integrity of the project schedule logic is maintained. Once established, the original durations and actual dates of all activities must remain unchanged. Revisions to the schedule may be made as necessary. The project schedule must be revised when changes in construction phasing and sequencing occur or other changes that cause deviation from the original project schedule occur. Any revisions to the schedule must be listed in the monthly update narrative with the purpose of the revision and description of the impact on the project schedule's critical path and project completion date. Create the schedule revision using the latest update before the start of the revision. Monthly updating of the project schedule will include updating of: • The actual start dates for activities started; • The actual finish dates for activities completed; • The percentage of work completed and remaining duration for each activity started but not yet completed; and • The calendars to show days actual work was performed on the various work activities. The cut-off day for recording monthly progress will be the last day of each month. Submit the updated project schedule no later than the 20th calendar day of the following month. The Engineer will evaluate the updated schedule within 5 calendar days of receipt and inform the Contractor if it has or has not been - accepted. If the schedule is not accepted, the Engineer will provide comments to 06-2018 00796-T 7 of 12 170 CITY OF PEARLAND LGPP PROSECUTION AND PROGRESS the Contractor for incorporation. Provide a revised schedule based on the Engineer's comments, or reasons for not doing so within 5 calendar days. Provide a brief narrative in a bulleted statement format for major items that have impacted the schedule.Notify the Engineer if resource-leveling is being used. 5.5.2.3.1. Project Schedule Summary Report (PSSR). When shown on the plans,provide the PSSR instead of the narrative required in Section 8.5.5.2.3., "Progress Schedule."The PSSR includes a listing of major items that have impacted the schedule as well as a summary of progress in days ahead or behind schedule. Include an explanation of the project progress for the period represented on the form provided by the Owner. 5.5.3. Notice of Potential Time Impact. Submit a"Notice of Potential Time Impact" when a Contract time extension or adjustment of milestone dates may be justified or when directed. Failure to provide this notice in the time frames outlined above will compromise the Owner's ability to mitigate the impacts and the Contractor forfeits the right to request a time extension or adjustment of milestone dates unless the circumstances are such that the Contractor could not reasonably have had knowledge of the impact at the time. 5.5.4. Time Impact Analysis. When directed,provide a time impact analysis. A time impact analysis is an evaluation of the effects of impacts on the project. A time impact analysis consists of the following steps: • Step 1. Establish the status of the project immediately before the impact. • Step 2. Predict the effect of the impact on the schedule update used in Step 1. ■ Step 3. Track the effects of the impact on the schedule during its occurrence. • Step 4. Establish the status of the project after the impact's effect has ended and provide details identifying any mitigating actions or circumstances used to keep the project ongoing during the impact period. Determine the time impact by comparing the status of the work before the impact (Step 1)to the prediction of the effect of the impact(Step 2), if requested, and to actual effects of the impact once it is complete (Step 4). Unless otherwise approved, Steps 1, 3, and 4, must be completed before consideration of a Contract time extension or adjustment of a milestone date will be provided. Time extensions will only be considered when delays that affect milestone dates or the Contract completion date are beyond the Contractor's control. Submit Step 4 no later than 15 calendar days after the impact's effects have ended or when all the information on the effect has been realized. Submit one electronic backup copy of the complete time impact analysis and a copy of the full project schedule incorporating the time impact analysis. If the project schedule is revised after the submittal of a time impact analysis,but before 06-2018 00796-T 8 of 12 171 CITY OF PEARLAND LGPP PROSECUTION AND PROGRESS its approval, indicate in writing the need for any modification to the time impact analysis. The Engineer will review the time impact analysis upon completion of step 4. If this review detects revisions or changes to the schedule that had not been performed and identified in a narrative, the Engineer may reject the time impact analysis. If the Engineer is in agreement with the time impact analysis, a change order may be issued to grant additional working days, or to adjust interim milestones. Once a change order has been executed, incorporate the time impact analysis into the project schedule. The time impact analysis may also be used to support the settlement of disputes and claims. Compensation related to the time impact analysis may be provided at the completion of the analysis or the completion of the project to determine the true role the impact played on the final completion. The work performed under this article will not be measured or paid for directly but will be subsidiary to pertinent items. 6. FAILURE TO COMPLETE WORK ON TIME The time established for the completion of the work is an essential element of the Contract. If the Contractor fails to complete the work within the number of working days specified, working days will continue to be charged. Failure to complete the Contract, a separate work order, or callout work within the number of working days specified, including any approved additional working days, will result in liquidated damages for each working day charged over the number of working days specified in the Contract. The dollar amount specified in the Contract will be deducted from any money due or to become due the Contractor for each working day the Contract remains incomplete. This amount will be assessed not as a penalty but as liquidated damages. 7. DEFAULT OF THE CONTRACT 7.1. Declaration of Default. The Engineer may declare the Contractor to be in default of the Contract if the Contractor: • fails to begin the work within the number of days specified, • fails to prosecute the work to assure completion within the number of days specified, • is uncooperative, disruptive or threatening, • fails to perform the work in accordance with the Contract requirements, • neglects or refuses to remove and replace rejected materials or unacceptable work, • discontinues the prosecution of the work without the Engineer's approval, • makes an unauthorized assignment, 06-2018 00796-T 9 of 12 172 CITY OF PEARLAND LGPP PROSECUTION AND PROGRESS • fails to resume work that has been discontinued within a reasonable number of days after notice to do so, • fails to conduct the work in an acceptable manner, or • commits fraud or other unfixable conduct as determined by the Owner. If any of these conditions occur, the Engineer will give notice in writing to the Contractor and the Surety of the intent to declare the Contractor in default. If the Contractor does not proceed as directed within 5 days after the notice, the Owner will provide written notice to the Contractor and the Surety to declare the Contractor to be in default of the Contract. The Owner will also provide written notice of default to the Surety. If the Contractor provides the Owner written notice of voluntary default of the Contract, the Owner may waive the 5 day notice of intent to declare the Contractor in default and immediately provide written notice of default to the Contractor and the Surety. Working day charges will continue until completion of the Contract. The Owner may suspend work in accordance with Section 8.4., "Temporary Suspension of Work or Working Day Charges,"to investigate apparent fraud or other unfixable conduct before defaulting the Contractor. The Contractor may be subject to sanctions under the state and/or federal laws and regulations. The Owner will determine the method used for the completion of the remaining work as follows: • Contracts without Performance Bonds. The Owner will determine the most expeditious and efficient way to complete the work, and recover damages from the Contractor. • Contracts with Performance Bonds. The Owner will, without violating the Contract, demand that the Contractor's Surety complete the remaining work in accordance with the terms of the original Contract. A completing Contractor will be considered a subcontractor of the Surety. The Owner reserves the right to approve or reject proposed subcontractors. Work may resume after the Owner receives and approves Certificates of Insurance as required in Section 3.4.3., "Insurance." Certificates of Insurance may be issued in the name of the completing Contractor. The Surety is responsible for making every effort to expedite the resumption of work and completion of the Contract. The Owner may complete the work using any or all materials at the work locations that it deems suitable and acceptable. Any costs incurred by the Owner for the completion of the work under the Contract will be the responsibility of the Surety. From the time of notification of the default until work resumes (either by the Surety or the Owner), the Owner will maintain traffic control devices and will do any other work it deems necessary,unless otherwise agreed upon by the Owner and the Surety. All costs associated with this work will be deducted from money due to the Surety. 06-2018 00796-T 10 of 12 173 CITY OF PEARLAND LGPP PROSECUTION AND PROGRESS The Owner will hold all money earned but not disbursed by the date of default. Upon resumption of the work after the default, all payments will be made to the Surety. All costs and charges incurred by the Owner as a result of the default, including the cost of completing the work under the Contract, costs of maintaining traffic control devices, costs for other work deemed necessary, and any applicable liquidated damages or disincentives will be deducted from money due the Contractor for completed work. If these costs exceed the sum that would have been payable under the Contract, the Surety will be liable and pay the Owner the balance of these costs in excess of the Contract price. In case the costs incurred by the Owner are less than the amount that would have been payable under the Contract if the work had been completed by the Contractor, the Owner will be entitled to retain the difference. Comply with Article 8.2., "Subcontracting," and abide by the DBE/HUB/SBE commitments previously approved by the Owner . No markups as defined in Article 9.7., "Payment for Extra Work and Force Account Method,"will be allowed for the Surety. 7.2. Wrongful Default. Submit a written request to the Owner within 14 calendar days of receipt of the notice of default for consideration of wrongful default. The Owner will determine if the Contractor has been wrongfully defaulted, and will proceed with the following: ■ If the Owner determines the default is proper, the default will remain. If the Contractor is in disagreement, the Contractor may file a claim in accordance with Article 4.7., "Dispute or Claims Procedure." • If the Owner determines it was a wrongful default, the Owner will terminate the Contract for convenience, in accordance with Article 8.8., "Termination of the Contract." 8. TERMINATION OF THE CONTRACT The Owner may terminate the Contract in whole or in part whenever: • the Contractor is prevented from proceeding with the work as a direct result of an executive order of the President of the United States or the Governor of the State; • the Contractor is prevented from proceeding with the work due to a national emergency, or when the work to be performed under the Contract is stopped, directly or indirectly, because of the freezing or diversion of materials, equipment or labor as the result of an order or a proclamation of the President of the United States; • the Contractor is prevented from proceeding with the work due to an order of any federal authority; 06-2018 00796-T 11 of 12 174 CITY OF PEARLAND LGPP PROSECUTION AND PROGRESS • the Contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining court order where the issuance of the restraining order is primarily caused by acts or omissions of persons or agencies other than the Contractor; or • the Owner determines that termination of the Contract is in the best interest of the Owner or the public. This includes,but is not limited to, the discovery of significant hazardous material problems, right of way acquisition problems, or utility conflicts that would cause substantial delays or expense to the Contract. 8.1. Procedures and Submittals. The Engineer will provide written notice to the Contractor of termination specifying the extent of the termination and the effective date. Upon notice, immediately proceed in accordance with the following: • stop work as specified in the notice; • place no further subcontracts or orders for materials, services, or facilities, except as necessary to complete a critical portion of the Contract, as approved; • terminate all subcontracts to the extent they relate to the work terminated; • complete performance of the work not terminated; • settle all outstanding liabilities and termination settlement proposals resulting from the termination for public convenience of the Contract; • create an inventory report, including all acceptable materials and products obtained for the Contract that have not been incorporated in the work that was terminated(include in the inventory report a description, quantity, location, source, cost, and payment status for each of the acceptable materials and products); and • take any action necessary, or that the Engineer may direct, for the protection and preservation of the materials and products related to the Contract that are in the possession of the Contractor and in which the Owner has or may acquire an interest. 06-2018 00796-T 12 of 12 175 CITY OF PEARLAND LGPP MEASUREMENT AND PAYMENT Section 00797-T ITEM 9L—LGPP MEASUREMENT AND PAYMENT 1. MEASUREMENT OF QUANTITIES The Engineer will measure all completed work using United States standard measures,unless otherwise specified. 1.1. Linear Measurement. Unless otherwise specified, all longitudinal measurements for surface areas will be made along the actual surface of the roadway and not horizontally. No deduction will be made for structures in the roadway with an area of 9 sq. ft. or less. For all transverse measurements for areas of base courses, surface courses, and pavements, the dimensions to be used in calculating the pay areas will be the neat dimensions and will not exceed those shown on the plans, unless otherwise directed. 1.2. Volume Measurement. Transport materials measured for payment by volume in approved hauling vehicles. Display a unique identification mark on each vehicle. Furnish information necessary to calculate the volume capacity of each vehicle. The Engineer may require verification of volume through weight measurement. Use body shapes that allow the capacity to be verified. Load and level the load to the equipment's approved capacity. Loads not hauled in approved vehicles may be rejected. 1.3. Weight Measurement. Transport materials measured for payment by weight or truck measure in approved hauling vehicles. Furnish certified measurements, tare weights, and legal gross weight calculations for all haul units. Affix a permanent, legible number on the truck and on the trailer to correspond with the certified information. Furnish certified weights of loaded haul units transporting material if requested. The material will be measured at the point of delivery. The cost of supplying these volume and weight capacities is subsidiary to the pertinent item. For measurement by the ton, in the field,provide measurements in accordance with Item 520, "Weighing and Measuring Equipment," except for items where ton measurements are measured by standard tables. The Engineer may reject loads and suspend hauling operations for overloading. 1.3.1. Hauling on Routes Accessible to the Traveling Public. For payment purposes on haul routes accessible to the traveling public, the net weight of the load will be calculated as follows: • If the gross vehicle weight is less than the maximum allowed by state law, including applicable yearly weight tolerance permit, the net weight of the load will be determined by deducting the tare weight of the vehicle from the gross weight. 06-2018 00797-T 1 of 8 176 CITY OF PEARLAND LGPP MEASUREMENT AND PAYMENT ■ If the gross vehicle weight is more than the maximum allowed by state law, - including applicable yearly weight tolerance permit, the net weight of the load will be determined by deducting the tare weight of the vehicle from the maximum gross weight allowed. 1.3.2. Hauling on Routes Not Accessible to the Traveling Public. For payment purposes on haul routes that are not accessible to the traveling public where advance permission is obtained in writing from the Engineer: • If the gross vehicle weight is less than the maximum allowed, including applicable yearly weight tolerance permit, the net weight of the load will be determined by deducting the tare weight of the vehicle from the gross weight. • If the gross vehicle weight is more than the maximum allowed, the net weight of the load will be determined by deducting the tare weight of the vehicle from the maximum gross weight allowed. 2. PLANS QUANTITY MEASUREMENT Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities,unless revised by the governing specifications or this article. If the quantity measured as outlined under"Measurement"varies by more than 5% (or as stipulated under"Measurement" for specific Items) from the total estimated quantity for an individual item originally shown in the Contract, an adjustment may be made to the quantity of authorized work done for payment purposes. When quantities are revised by a change in design approved by the Owner, by change order, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 5%variance will apply to the new plans quantity. If the total Contract quantity multiplied by the unit bid price for an individual item is less than $250 and the item is not originally a plans quantity item, then the item may be paid as a plans quantity item if the Engineer and Contractor agree in writing to fix the final quantity as a plans quantity. For Contracts with callout work and work orders, plans quantity measurement requirements are not applicable. 3. ADJUSTMENT OF QUANTITIES The party to the Contract requesting the adjustment will provide field measurements and calculations showing the revised quantity. When approved, this revised quantity will constitute the final quantity for which payment will be 06-2018 00797-T 2 of 8 177 CITY OF PEARLAND LGPP MEASUREMENT AND PAYMENT made. Payment for revised quantity will be made at the unit price bid for that item, except as provided for in Article 4.4., "Changes in the Work". 4. SCOPE OF PAYMENT Payment of the Contract unit price is full compensation for all materials, equipment, labor, tools, and supplies necessary to complete the item of work under the Contract. Until final acceptance in accordance with Section 00780-T, 12., "Final Acceptance," assume liability for completing the work according to the Contract documents and any loss or damage arising from the performance of the work or from the action of the elements, infringement of patent, trademark, or copyright, except as provided elsewhere in the Contract. The Owner will only pay for material incorporated into the work in accordance with the Contract. Payment of progress estimates will in no way affect the Contractor's obligation under the Contract to repair or replace any defective parts in the construction or to replace any defective materials used in the construction and to be responsible for all damages due to defects if the defects and damages are discovered on or before final inspection and acceptance of the work. 5. PROGRESS PAYMENTS The Engineer will prepare a monthly estimate of the amount of work performed, including materials in place. Incomplete items of work may be paid at an agreed upon percentage as approved. Payment of the monthly estimate is determined at the Contract item prices less any withholdings or deductions in accordance with the Contract. Progress payments may be withheld for failure to comply with the Contract. 6. PAYMENT FOR MATERIAL ON HAND (MOH) If payment for MOH is desired, request compensation for the invoice cost of acceptable nonperishable materials that have not been used in the work before the request, and that have been delivered to the work location or are in acceptable storage places.Nonperishable materials are those that do not have a shelf life or whose characteristics do not materially change when exposed to the elements. Include only materials that have been sampled, tested, approved, or certified, and are ready for incorporation into the work. Only materials which are completely constructed or fabricated on the Contractor's order for a specific Contract and are so marked and on which an approved test report has been issued are eligible. Payment for MOH may include the following types of items: concrete traffic barrier,precast concrete box culverts, concrete piling,reinforced concrete pipe, and illumination poles. Any repairs required after fabricated materials have been approved for storage will require approval of the Engineer before being made and will be made at the Contractor's expense. Include only those materials that have an invoice cost of at least $1,000 in the request for MOH payment. 06-2018 00797-T 3 of 8 178 CITY OF PEARLAND LGPP MEASUREMENT AND PAYMENT If the request is acceptable, the Engineer will include payment for MOH in a progress payment. Payment for MOH does not constitute acceptance of the materials. Payment will not exceed the actual cost of the material as established by invoice, or the total cost for the associated item less reasonable placement costs, whichever is less. Materials for which the Contractor does not have a paid invoice within 60 days will not be eligible for payment and will be removed from the estimate. Payment may be limited to a portion of the invoice cost or unit price if shown elsewhere in the Contract. Payment for precast products fabricated or constructed by the Contractor for which invoices or freight bills are not available may be made based on statements of actual cost. Submit the request on forms provided by the Owner. These forms may be electronically reproduced,provided they are in the same format and contain all the required information and certifications. Continue to submit monthly MOH forms until the total value of MOH is $0. By submitting a request for MOH payment,the,Contractor expressly authorizes the Owner to audit MOH records,and to perform process reviews of the record-keeping system. If the Owner determines noncompliance with any of the requirements of this provision,the Owner may exclude payment for any or all MOH for the duration of the Contract. Maintain all records relating to MOH payment until final acceptance. Provide 1 these records to the Engineer upon request. 7. PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT METHOD Payment for extra work directed, performed, and accepted will be made in accordance with Article 4.4., "Changes in the Work."Payment for extra work may be established by agreed unit prices or by Force Account Method. Agreed unit prices are unit prices that include markups and are comparable to recent bid prices for the same character of work. These unit prices may be established without additional breakdown justification. When using Force Account Method, determine an estimated cost for the proposed work and establish labor and equipment rates and material costs. Maintain daily records of extra work and provide copies of these records daily, signed by the Contractor's representative, for verification by the Engineer. Request payment for the extra work no later than the 10th day of the month following the month in which the work was performed. Include copies of all applicable invoices. If the extra work to be performed has an estimated cost of less than$10,000, submit for approval and payment an invoice of actual cost for materials, equipment, labor, tools, and incidentals necessary to complete the extra work. 7.1. Markups. Payment for extra work may include markups as compensation for the use of small tools, overhead expense, and profit. 06-2018 00797-T 4 of 8 179 CITY OF PEARLAND LGPP MEASUREMENT AND PAYMENT 7.1.1. Labor. Compensation will be made for payroll rates for each hour that the labor, foremen, or other approved workers are actually engaged in the work. In no case will the rate of wages be less than the minimum shown in the Contract for a particular category. An additional 25% of this sum will be paid as compensation for overhead, superintendence,profit, and small tools. 7.1.2. Insurance and Taxes. An additional 55% of the labor cost, excluding the 25% compensation provided in Section 9.7.1.1., "Labor,"will be paid as compensation for labor insurance and labor taxes including the cost of premiums on non-project- specific liability(excluding vehicular) insurance, workers compensation insurance, Social Security,unemployment insurance taxes, and fringe benefits. 7.1.3. Materials. Compensation will be made for materials associated with the work based on actual delivered invoice costs, less any discount. An additional 25% of this sum will be paid as compensation for overhead and profit. 7.1.4. Equipment. Payment will be made for the established equipment hourly rates for each hour that the equipment is involved in the work. An additional 15% of this sum will be paid as compensation for overhead and profit not included in the rates. Transportation cost for mobilizing equipment will be included if the equipment is mobilized from an off-site location. 7.1.4.1. Contractor-Owned Equipment. For Contractor-owned machinery, trucks, power tools, or other equipment, use the FHWA rental rates found in the Rental Rate Blue Book multiplied by the regional adjustment factor and the rate adjustment factor to establish hourly rates. Use the rates in effect for each section of the Rental Rate Blue Book at the time of use. If a rate has not been established for a particular piece of equipment in the Rental Rate Blue Book, the Engineer will allow a reasonable hourly rate. This price will include operating costs. Payment for equipment will be made for the actual hours used in the work. The Owner reserves the right to withhold payment for low production or lack of progress. Payment will not be made for time lost for equipment breakdowns,time spent to repair equipment, or time after equipment is no longer needed. If equipment is used intermittently while dedicated solely to the work,payment will be made for the duration the equipment is assigned to the work but no more than 8 hours will be paid during a 24-hour day, nor more than 40 hours per week, nor more than 176 hours per month, except when time is computed using a six- day or seven-day workweek. When using a six-day workweek, no more than 8 hours will be paid during a 24-hour day, nor more than 48 hours per week, nor more than 211 hours per month. When using a seven-day workweek, no more 06-2018 00797-T 5 of 8 180 CITY OF PEARLAND LGPP MEASUREMENT AND PAYMENT than 8 hours will be paid during a 24-hour day, nor more than 56 hours per week, nor more than 246 hours per month. 7.1.4.2. Equipment Not Owned by the Contractor. For equipment rented from a third party not owned by the Contractor,payment will be made at the invoice daily rental rate for each day the equipment is needed for the work. The Owner reserves the right to limit the daily rate to comparable Rental Rate Blue Book rates. When the invoice specifies that the rental rate does not include fuel, lubricants, repairs, and servicing, the Rental Rate Blue Book hourly operating cost for each hour the equipment is operated will be added. When the invoice specifies equipment operators as a component of the equipment rental,payment will be made at the invoice rate for each operator for each day the equipment is needed for the work. 7.1.4.3. Standby Equipment Costs. Payment for standby equipment will be made in accordance with Section 00797-T 7.1.4., "Equipment," except that: 7.1.4.3.1. Contractor-Owned Equipment. For Contractor-owned machinery, trucks, power tools, or other equipment: • Standby will be paid at 50% (to remove operating cost) of the FHWA rental rates found in the Rental Rate Blue Book multiplied by the regional adjustment factor and the rate adjustment factor. • Standby costs will not be allowed during periods when the equipment would have otherwise been idle. - 7.1.4.3.2. Equipment Not Owned by the Contractor. For equipment rented from a third party not owned by the Contractor: • Standby will be paid at the invoice daily rental rate, excluding operating cost, which includes fuel, lubricants,repairs, and servicing. The Owner reserves the right to limit the daily standby rate to comparable FHWA rental rates found in . the Rental Rate Blue Book multiplied by the regional adjustment factor and the rate adjustment factor. • Standby will be paid for equipment operators when included on the invoice and equipment operators are actually on standby. • Standby costs will not be allowed during periods when the equipment would have otherwise been idle. 7.1.5. Subcontracting. An additional 5% of the actual invoice cost will be paid to the Contractor as compensation for administrative cost, superintendence, and profit. 7.1.6. Law Enforcement. An additional 5% of the actual invoice cost will be paid as compensation for administrative costs, superintendence, and profit. 06-2018 00797-T 6 of 8 181 CITY OF PEARLAND LGPP MEASUREMENT AND PAYMENT 7.1.7. Railroad Flaggers. An additional 5% of the actual invoice cost will be paid as compensation for administrative cost, superintendence, and profit. 7.1.8. Bond Cost. An additional 1% of the total compensation provided in Section 00797-T 7., "Payment for Extra Work and Force Account Method,"will be paid for the increase in bond. 8. RETAINAGE The Owner will withhold retainage on the Contractor.The Contractor may withhold retainage on subcontractors in accordance with state and federal regulations. • 9. PAYMENT PROVISIONS FOR SUBCONTRACTORS For the purposes of this article only, the term subcontractor includes suppliers and the term work includes materials provided by suppliers at a location approved by the Engineer. These requirements apply to all tiers of subcontractors. Incorporate the provisions of this article into all subcontract or material purchase agreements. Pay subcontractors for work performed within 10 days after receiving payment for the work performed by the subcontractor. Also, pay any retainage on a subcontractor's work within 10 days after satisfactory completion of all of the subcontractor's work. Completed subcontractor work includes vegetative establishment, test, maintenance, performance, and other similar periods that are the responsibility of the subcontractor. For the purpose of this section, satisfactory completion is accomplished when: • the subcontractor has fulfilled the Contract requirements of both the Owner and the subcontract for the subcontracted work, including the submittal of all information required by the specifications and the Owner; and • the work done by the subcontractor has been inspected, approved, and paid by the Owner. 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. The inspection and approval of a subcontractor's work does not eliminate the Contractor's responsibilities for all the work as defined in Section 00795-T 7.17., "Contractor's Responsibility for Work." The Owner may pursue actions against the Contractor, including withholding of estimates and suspending the work, for noncompliance with the subcontract 06-2018 00797-1 7 of 8 182 CITY OF PEARLAND LGPP MEASUREMENT AND PAYMENT requirements of this section upon receipt of written notice with sufficient details showing the subcontractor has complied with contractual obligations. 10. FINAL PAYMENT When the Contract has been completed, all work has been approved, fmal acceptance has been made in accordance with Article 5.12., "Final Acceptance," and Contractor submittals have been received, the Engineer will prepare a final estimate for payment showing the total quantity of work completed and the money owed the Contractor. The fmal payment will reflect the entire sum due, less any sums previously paid. 06-2018 00797-T 8 of 8 183 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 2 184 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT provide this equipment or include this cost in the Bid. See Section 13730 for full details regarding this computer equipment. Section 01500 Temporary Facilities requires CONTRACTOR to provide high speed internet access in the Field Office. BIDDER is Required to provide either a Field Office or any internet access for this project. All other requirements remain and will be required per the section. It is the responsibility of the Contractor to coordinate with the Owner for all Traffic Control Documents. Contractor to coordinate with the Owner for procurement of Traffic Control Documents prior to permitting. Contractor is to keep a minimum of one lane open at all times,in both directions. No lane closures to extend beyond the defined work day. Contractor Will be required to provide an on-site construction office for the duration of this project. END OF SECTION 2-24-12 00800-2 of 2 185 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Section 00811 WAGE SCALE FOR ENGINEERING CONSTRUCTION 1.01 In accordance with the Prevailing Wage law on Public Works (Article 2258 of the Texas Government Code), the public body awarding the contract does hereby specify the rates shown in Table 00811-A following to be the general prevailing rates in the locality in which the work is being performed. 1.02 This prevailing wage rate does not prohibit the payment of more than the rates stated. 1.03 The wage scale for engineering construction is to be applied to all site work greater than five (5) feet from an exterior wall of new building under construction or from an exterior wall of an existing building. 10-2012 00811 - 1 of 1 186 Ir Texas Department of Transportation _ The wage rates listed are those predetermined by the Secretary of Labor and State Statue to be the minimum wages paid. To determine the applicable wage rate zone,a list entitled"TEXAS COUNTIES IDENTIFIED BY WAGE RATE ZONES"is provided in the contract. Any wage rate that is not listed must be submitted to the Engineer for approval. IMPORTANT NOTICE FOR STATE PROJECTS;only the controlling wage rate zone applies to the contract.Effective 01-05-2018. ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE CLASS.# CLASSIFICATION DESCRIPTION TX07 TXO8 TX11 TX12 TX14 TX16 TX18 TX34 TX35 TX37 TX38 TX40 TX41 TX54 TX56 TX63 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 115/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 115118 1/5/18 1/5/18 1428 Agricultural Tractor Operator $12.69 $12.35 $11.75 1300 Asphalt Distributor Operator $14.87 $13.48 $13.88 $15.72 $15.58 $15.55 $15.72 $13.28 $15.32 $15.62 $14.36 $14.25 $14.03 $13.75 $14.06 $14.40 1303 Asphalt Paving Machine Operator $13.40 $12.25 $12.35 $13.87 $14.05 $14.36 $14.20 $13.26 $13.99 $14.68 $12.92 $13.44 $12.53 $14.00 $14.32 $12.99 1106 Asphalt Raker $12.28 $10.61 $12.02 $14.21 $11.65 $12.12 $11.64 $11.44 $12.69 $12.05 $11.34 $11.67 $11.40 $12.59 $12.36 $11.78 1112 Batching Plant Operator,Asphalt 1115 Batching Plant Operator,Concrete 1214 Blaster 1615 Boom Truck Operator $18.36 1444 Boring Machine Operator 1305 Broom or Sweeper Operator $11.21 $10.33 $10.08 $11.99 $11.04 $11.62 $11.74 $11.41 $10.30 $10.23 $10.60 $12.68 $11.05 1144 Communications Cable Installer 1124 Concrete Finisher,Paving and Structures $13.55 $12.46 $13.16 $12.85 $12.64 $12.56 $12.77 $12.44 $14.12 $13.04 $13.38 $12.64 $12.80 $12.79 $12.98 $13.32 1318 Concrete Pavement Finishing Machine Operator $16.05 $15.48 $16.05 $19.31 $13.07 1315 Concrete Paving,Curing,Float,Texturing Machine Operator $16.34 $11.71 1333 Concrete Saw Operator $14.67 $14.48 $17.33 $13.99 1399 Concrete/Gunite Pump Operator 1344 Crane Operator,Hydraulic 80 tons or less $18.22 $18.36 $18.12 $18.04 $20.21 $18.63 $13.86 - 1345 Crane Operator,Hydraulic Over 80 Tons 1342 Crane Operator,Lattice Boom 80 Tons or Less $16.82 $14.39 $13.85 $17.27 $15.87 $17.27 $14.67 $16.42 $14.97 $13.87 1343 Crane Operator,Lattice Boom Over 80 Tons $20.52 $19.38 $20.52 $17.49 $25.13 $15.80 1306 Crawler Tractor Operator $13.96 $16.63 $13.62 $14.26 $15.67 $14.07 $13.15 $13.38 $14.60 $13.68 $13.50 1351 Crusher or Screen Plant Operator 1446 Directional Drilling Locator $11.67 1445 Directional Drilling Operator $20.32 $17.24 1139 Electrician $20.96 $19.87 $19.80 $26.35 $20.27 $19.80 $20.92 $27.11 $19.87 1347 Excavator Operator,50,000 pounds or less $13.46 $12.56 $13.67 $17.19 $12.88 $14.38 $13.49 $17.19 $13.88 $14.09 $12.71 $14.42 1348 Excavator Operator,Over 50,000 pounds $15.23 $13.52 $17.04 $17.71 $16.99 $18.80 $16.22 $14.53 $13.52 1150 Flagger $9.30 $9.10 $8.50 $10.28 $8.81 $9.45 $8.70 $10.06 $9.71 $9.03 $8.81 $9.08 $9.90 $10.33 $8.10 1151 Form Builder/Setter,Structures $13.52 $12.30 $13.38 $12.91 $12.71 $12.87 $12.38 $12.26 $13.84 $12.98 $13.07 $13.61 $12.82 $14.73 $12.23 $12.25 1160 Form Setter,Paving&Curb $12.36 $12.16 $13.93 $11.83 $10.71 $12.94 $13.16 $12.54 $11.33 $10.69 $13.33 $12.34 $13.93 1360 Foundation Drill Operator,Crawler Mounted $17.99 $17.99 $17.43 1363 Foundation Drill Operator,Truck Mounted $16.86 $22.05 $21.51 $16.93 $21.07 $20.20 $20.76 $17.54 $21.39 $15.89 $22.05 1369 Front End Loader Operator,3 CY or Less $12.28 $13.49- $13.40 $13.85 $13.04 $13.15 $13.29 $13.69 $12.64 $12.89 $13.51 $13.32 $12.17 1372 Front End Loader Operator,Over3 CY $12.77 $13.69 $12.33 $14.96 $13.21 $12.86 $13.57 $14.72 $13.75 $12.32 $13.19 $13.17 $13.02 1329 Joint Sealer 1172 Laborer,Common $10.30 $9.86 $10.08 $10.51 $10.71 $10.50 $10.24 $10.58 $10.72 $10.45 $10.30 $10.25 $10.03 $10.54 $11.02 $10.15 1175 Laborer,Utility •$11.80 $11.53 $12.70 $12.17 $11.81 $12.27 $12.11 $11.33 $12.32 $11.80 $11.53 $11.23 $11.50 $11.95 $11.73 $12.37 1346 Loader/Backhoe Operator $14.18 $12.77 $12.97 .$15.68 $14.12 $15.18 $13.58 $12.87 $13.21 $14.13 $14.29 $12.90 187 J ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE CLASS.# CLASSIFICATION DESCRIPTION TX07 TX08 TX11 TX12 TX14 TX16 TX18 TX34 TX35 TX37 TX38 TX40 TX41 TX54 TX56 TX63 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1187 Mechanic $20.14 $15.47 $17.47 $17.74 $17.00 $17.10 - $17.68 $18.94 $18.58 $17.00 $16.61 $18.46 $16.96 $17.47 1380 Milling Machine Operator $15.54 $14.64 $12.22 $14.29 $14.18 $14.32 $14.35 $12.86 $14.75 $13.53 $12.80 1390 Motor Grader Operator,Fine Grade $17.49 $16.52 $16.88 $17.12 $18.37 $18.51 $16.69 $16.13 $17.19 $18.35 $17.07 $17.74 $17.47 $17.08 $15.69 $20.01 1393 Motor Grader Operator,Rough $16.15 $14.62 $15.83 $16.20 $17.07 $14.63 $18.50 $16.02 $16.44 $15.12 $16.85 $14.47 $17.39 $14.23 $15.53 1413 Off Road Hauler $10.08 $12.26 $11.88 $12.25 $12.23 $13.00 $14.60 1196 Painter,Structures $21.29 $18.34 $21.29 $18.62 1396 Pavement Marking Machine Operator $16.42 $13.10 $13.55 $19.17 $12.01 $13.63 $14.60 $13.17 $16.65 $10.54 $11.18 $13.10 1443 Percussion or Rotary Drill Operator 1202 Piledriver $14.95 1205 Pipelayer $11.87 $14.64 $13.17 $11.17 $12.79 $11.37 $13.24 $12.66 $13.24 $11.17 $11.67 $12.12 $14.64 1384 Reclaimer/Pulverizer Operator $12.85 $11.90 $12.88 $11.01 $10.46 1500 Reinforcing Steel Worker $13.50 $14.07 $17.53 $16.17 $14.00 $16.18 $12.74 $15.83 $17.10 $15.15 $17.72 1402 Roller Operator,Asphalt $10.95 $11.96 $13.29 $12.78 $11.61 $13.08 $12.36 $11.68 $11.71 $11.95 $11.50 1405 Roller Operator,Other $10.36 $10.44 $11.82 $10.50 $11.64 $11.51 $10.59 $10.30 $12.04 $12.85 $11.57 $10.66 1411 Scraper Operator $10.61 $11.07 $10.85 $12.88 $12.27 $11.12 $12.96 $11.88 $12.43 $11.22 $13.95 $13.47 $10.89 1417 Self-Propelled Hammer Operator 1194 Servicer $13.98 $12.34 $14.11 $14.74 $14.51 $15.56 $13.44 $14.58 $14.31 $13.83 $12.43 $13.72 $13.97 $14.11 1513 Sign Erector 1708 Slurry Seal or Micro-Surfacing Machine Operator 1341 Small Slipform Machine Operator $15.96 1515 Spreader Box Operator $12.60 $13.12 $14.71 $14.04 $14.73 $13.84 $13.68 $13.45 $11.83 $13.58 $14.05 1705 Structural Steel Welder $12.85 1509 Structural Steel Worker $19.29 $14.39 1339 Subgrade Trimmer , 1143 Telecommunication Technician 1145 Traffic Signal/Light Pole Worker $16.00 1440 Trenching Machine Operator,Heavy $18.48 1437 Trenching Machine Operator,Light 1609 Truck Driver Lowboy-Float $14.46 $13.63 $13.41 $15.00 $15.93 $15.66 $16.24 $16.39 $14.30 $16.62 $15.63 $14.28 $16.03 $13.41 1612 Truck Driver Transit-Mix $14.14 $14.14 1600 Truck Driver,Single Axle $12.74 $10.82 $10.75 $13.04 $11.61 $11.79 $13.53 $13.16 $12.31 $13.40 $10.30 $11.61 $11.97 $11.46 $10.75 1606 Truck Driver,Single or Tandem Axle Dump Truck $11.33 $14.53 $11.95 $12.95 $11.68 $14.06 $12.62 $11.45 $12.28 $13.08 $11.68 $11.48 $11.10 1607 Truck Driver,Tandem Axle Tractor with Semi Trailer $12.49 $12.12 $12.50 $13.42 $12.81 $13.16 $12.86 $16.22 $12.50 $13.80 $12.27 $12.50 1441 Tunneling Machine Operator,Heavy 1442 Tunneling Machine Operator,Light 1706 Welder $14.02 . $14.86 $15.97 $13.74 $14.84 $13.78 1520 Work Zone Barricade Servicer $10.30 $12.88 $11.46 $11.70 $11.57 $11.85 $10.77 $11.68 $12.20 $11.22 $11.51 $12.96 $10.54 $11.67 $11.76 Notes: . Any worker employed on this project shall be paid at the rate of one and one half(1-1/2)times the regular rate for every hour worked in excess of forty(40)hours per week. The titles and descriptions for the classifications listed here are further detailed in the AGC of Texas'Standard Job Classifications and Descriptions for Highway,Heavy,Utilities,and Industrial Construction in Texas.AGC will make it available on its Web site for any contractor. 188 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 38 Donley 54 Karnes 37 Reagan 54 Andrews 54 Duval 41 Kaufman 35 Real 54 Angelina 38 Eastland 54 Kendall 16 Red River 38 Aransas 40 Ector 7 Kenedy 41 Reeves 18 Archer 35 Edwards 18 Kent 54 Refugio 37 Armstrong 7 El Paso 34 Kerr 37 Roberts 54 Atascosa 16 Ellis 35 Kimble 54 Robertson 16 Austin 56 Erath 38 King 54 Rockwall 35 Bailey 54 Falls 38 Kinney 18 Runnels 54 Bandera 16 Fannin 38 Kleberg 37 Rusk 11 Bastrop 16 Fayette 37 Knox 54 Sabine 38 Baylor 54 Fisher 54 Lamar 38 San Augustine 38 Bee 37 Floyd 54 Lamb 54 San Jacinto 56 Bell 16 Foard 54 Lampasas 16 San Patricio 40 Bexar 16 Fort Bend 56 LaSalle 41 San Saba 54 Blanco 37 Franklin 38 Lavaca 37 Schleicher 54 Borden 54 Freestone 38 Lee 37 Scurry 54 Bosque 38 Frio 37 Leon 38 Shackelford 54 Bowie 11 Gaines 54 Liberty 56 Shelby 38 Brazoria 56 Galveston 56 Limestone 38 Sherman 54 Brazos 16 Garza 54 Lipscomb 54 Smith 11 Brewster 18 Gillespie 37 Live Oak 37 Somervell 38 Briscoe 54 Glasscock 54 Llano 37 Starr 41 Brooks 41 Goliad 40 Loving 54 Stephens 54 Brown 54 Gonzales 37 Lubbock 7 Sterling 54 Burleson 16 Gray 54 Lynn 54 Stonewall 54 Burnet 37 Grayson 35 Madison 38 Sutton 18 Caldwell 16 Gregg 11 Marion 38 Swisher 54 — \ Calhoun 40 Grimes 38 Martin 54 Tarrant 35 Callahan 35 Guadalupe 16 Mason 37 Taylor 7 - Cameron 8 Hale 54 Matagorda 37 Terrell 18 Camp 38 Hall 54 Maverick 41 Terry 54 Carson 7 Hamilton 38 McCulloch 54 Throckmorton 54 Cass 38 Hansford 54 McLennan 16 Titus 38 Castro 54 Hardeman 54 McMullen 41 Tom Green 7 Chambers 56 Hardin 56 Medina 16 Travis 16 Cherokee 38 Harris 56 Menard 54 Trinity 38 Childress 54 Harrison 63 Midland 7 Tyler 38 Clay 35 Hartley 54 Milam 38 Upshur 11 Cochran 54 Haskell 54 Mills 54 Upton 54 Coke 54 Hays 16 Mitchell 54 Uvalde 41 Coleman 54 Hemphill 54 Montague ' 54 Val Verde 18 Collin 35 Henderson 38 Montgomery 56 Van Zandt 38 Collingsworth 54 Hidalgo 8 Moore 54 Victoria 14 Colorado 37 Hill 38 Morris 38 Walker 38 Coma! 16 Hockley 54 Motley 54 Waller 56 Comanche 54 Hood 38 Nacogdoches 38 Ward 54 Concho 54 Hopkins 38 Navarro 38 Washington 38 Cooke 54 Houston 38 Newton 38 Webb 8 Coryell 16 Howard 54 Nolan 54 Wharton 37 Cottle 54 Hudspeth 18 Nueces 40 Wheeler 54 Crane 54 Hunt 35 Ochiltree 54 Wichita 12 Crockett 18 Hutchinson 54 Oldham 54 Wilbarger 54 Crosby 7 Irian 7 Orange 56 Willacy 41 Culberson 18 Jack 38 Palo Pinto 38 Williamson 16 Dallam 54 Jackson 37 Panola 38 Wilson 16 Dallas 35 Jasper 38 Parker 35 Winkler 54 Dawson 54 Jeff Davis 18 Parmer 54 Wise 35 Deaf Smith 54 Jefferson 56 Pecos 18 Wood 38 Delta 35 Jim Hogg 41 Polk 38 Yoakum 54 Denton 35 Jim Wells 37 Potter 7 Young 54 DeWitt 37 Johnson 35 Presidio 18 Zapata 41 Dickens 54 Jones 35 Rains 38 Zavala 41 Dimmit 41 Randall 7 Revised 1-8-16 189 CITY OF PEARLAND TXDOT LGPP REQUIREMENTS Section 00850 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) Debarment Certification(1 page) Differing Site Conditions (1 page) Disadvantaged Business Enterprises (DBE) Provisions (11 pages) 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-DBE Subcontractors (1 page) DBE Final Report(1 page) Equipment Rental Rates (2 pages) Lobbying Certification Forms (2 pages) Non-Collusion Statement(1 page) Prison Produced Materials Provision(1 page) Railroad Insurance Provision(when work is in Railroad ROW) (2 pages) • 12-2014 00850 190 FHWA-1273— Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General 3. A breach of any of the stipulations contained in these II. Nondiscrimination Required Contract Provisions may be sufficient grounds for III. Nonsegregated Facilities withholding of progress payments,withholding of final IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debarment V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the Provisions contracting agency and FHWA. VI. Subletting or Assigning the Contract VII. Safety:Accident Prevention 4. Selection of Labor:During the performance of this contract, VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid Pollution Control Act highway unless it is labor performed by convicts who are on X. Compliance with Governmentwide Suspension and parole,supervised release,or probation. The term Federal-aid Debarment Requirements highway does not include roadways functionally classified as XI. Certification Regarding Use of Contract Funds for local roads or rural minor collectors. Lobbying ATTACHMENTS II. NONDISCRIMINATION A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts(included in Appalachian contracts only) 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. I. GENERAL In addition,the contractor and all subcontractors must comply 1. Form FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60, construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR subcontracts(excluding purchase orders,rental agreements Parts 200,230,and 633. and other agreements for supplies or services). The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- incorporated by reference for work done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000, order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3. subcontractor,lower-tier subcontractor or service provider. Note:The U.S.Department of Labor has exclusive authority to Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29 subcontracts(excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with supplies or services). The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of or service provider. 1964,as amended,and related regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S. referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements. subcontracts(excluding purchase orders,rental agreements and other agreements for supplies or services related to a 1.Equal Employment Opportunity:Equal employment construction contract), opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth 2. Subject to the applicability criteria noted in the following under laws,executive orders,rules,regulations(28 CFR 35, sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23 immediate superintendence and to all work performed on the U.S.C.140 shall constitute the EEO and specific affirmative contract by piecework,station work,or by subcontract. action standards for the contractor's project activities under 1 191 this contract.The provisions of the Americans with Disabilities 4.Recruitment:When advertising for employees,the Act of 1990(42 U.S.C.12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer." All such contract.In the execution of this contract,the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO: which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract meet this requirement,the contractor will identify sources of potential minority group employees,and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "It is the policy of this Company to assure that applicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the national origin,age or disability. Such action shall include: contractor is expected to observe the provisions of that employment,upgrading,demotion,or transfer;recruitment or agreement to the extent that the system meets the contractor's recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where other forms of compensation;and selection for training, implementation of such an agreement has the effect of including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the job training." contractor to do the same,such implementation violates Federal nondiscrimination provisions. 2. EEO Officer:The contractor will designate and make known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEO program and who Information and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees. so. 5.Personnel Actions:Wages,working conditions,and 3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and staff who are authorized to hire,supervise,promote,and personnel actions of every type,including hiring,upgrading, discharge employees,or who recommend such action,or who promotion,transfer,demotion,layoff,and termination,shall be are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national cognizant of,and will implement,the contractor's EEO policy origin,age or disability. The following procedures shall be and contractual responsibilities to provide EEO in each grade followed: and classification of employment. To ensure that the above agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site a. Periodic meetings of supervisory and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its implementation will be wages paid within each classification to determine any reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices. the EEO Officer. c. The contractor will periodically review selected personnel b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection women. with its obligations under this contract,will attempt to resolve such complaints,and will take appropriate corrective action d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees. such corrective action shall include such other persons. Upon completion of each investigation,the contractor will inform e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal. implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or 6.Training and Promotion: other appropriate means. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are 2 192 applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractor's work force requirements undue hardship. and as permissible under Federal and State regulations,the contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex, special provision for training is provided under this contract, national origin,age or disability in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the in accordance with 23 U.S.C.140(a). administration of this contract. c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each. contract. d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees to apply for such training and promotion. 10.Assurance Required by 49 CFR 26.13(b): 7.Unions:If the contractor relies in whole or in part upon unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to DOT's U.S.DOT-approved DBE program are incorporated by increase opportunities for minorities and women. Actions by reference. the contractor,either directly or through a contractor's association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on forth below: the basis of race,color,national origin,or sex in the performance of this contract. The contractor shall carry out a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency deems appropriate. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO regard to their race,color,religion,sex,national origin,age or requirements. Such records shall be retained for a period of disability. three years following the date of the final payment to the contractor for all contract work and shall be available at c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information Is within the exclusive possession of the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the information to the contractor,the contractor shall so certify to following: the contracting agency and shall set forth what efforts have been made to obtain such information. (1)The number and work hours of minority and non- minority group members and women employed in each work d. In the event the union is unable to provide the contractor classification on the project; with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment vacancies without regard to race,color,religion,sex,national opportunities for minorities and women;and origin,age or disability;making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating,hiring, to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women; provide exclusive referrals under the terms of a collective bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work special provisions,such contractor shall immediately notify the classification required by the contract work. This information is contracting agency. to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of 8. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July. If on-the-job Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor 3 193 will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs July. 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 III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification $10,000 or more. may be compensated at the rate specified for each classification for the time actually worked therein:Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where services at any location,under the contractor's control,where it can be easily seen by the workers. the facilities are segregated. The term"facilities"includes waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of time clocks,restrooms,washrooms,locker rooms,and other laborers or mechanics,including helpers,which is not listed in storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping determination.The contracting officer shall approve an areas to assure privacy between sexes. additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification requested is not performed by a classification in the wage This section is applicable to all Federal-aid construction determination;and projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the requirements apply to all projects located within the right-of- construction industry;and 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. (iii)The proposed wage rate,including any bona fide Contracting agencies may elect to apply these requirements to fringe benefits,bears a reasonable relationship to the other projects. wage rates contained in the wage determination. The following provisions are from the U.S.Department of (2)If the contractor and the laborers and mechanics to be Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification(if known),or their related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the 1273 format and FHWA program requirements. 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 1. Minimum wages Administrator of the Wage and Hour Division,Employment Standards Administration,U.S.Department of Labor, a. All laborers and mechanics employed or working upon Washington,DC 20210.The Administrator,or an authorized the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every often than once a week,and without subsequent deduction or additional classification action within 30 days of receipt and rebate on any account(except such payroll deductions as are so advise the contracting officer or will notify the contracting permitted by regulations issued by the Secretary of Labor officer within the 30-day period that additional time is under the Copeland Act(29 CFR part 3)),the full amount of necessary. wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed hereof,regardless of any contractual relationship which may classification and wage rate(including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the and mechanics. contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or 4 194 will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show additional time is necessary. 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 (4)The wage rate(including fringe benefits where laborers or mechanics affected,and records which show the appropriate)determined pursuant to paragraphs 1.b.(2)or costs anticipated or the actual cost incurred in providing such 1.b.(3)of this section,shall be paid to all workers performing benefits.Contractors employing apprentices or trainees under work in the classification under this contract from the first approved programs shall maintain written evidence of the day on which work is performed in the classification. registration of apprenticeship g pp p programs and certification of trainee programs,the registration of the apprentices and c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to equivalent thereof. the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be d.If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social other third person,the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals.Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee under a plan or program,Provided,That the Secretary of e.g.,the last four digits of the employee's social security Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm obligations under the plan or program. or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 2. Withholding 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 The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage the contractor under this contract,or any other Federal requirements.It is not a violation of this section for a prime contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency.. much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a including apprentices,trainees,and helpers,employed by the "Statement of Compliance,"signed by the contractor or contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall laborer or mechanic,including any apprentice,trainee,or certify the following: 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 (i)That the payroll for the payroll period contains the may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and 3. Payrolls and basic records complete; a. Payrolls and basic records relating thereto shall be (ii)That each laborer or mechanic(including each maintained by the contractor during the course of the work and during1per,apprentice,payrolland trainee)employed full the contract preserved for a period of three years thereafter for all laborers during the period has been paid the weekly and mechanics working at the site of the work.Such records wages earned,without rebate,either directly or indirectly, shall contain the name,address,and social security number of and that from thefulldeductionhaves been made either directly or each such worker,his or her correct classification,hourly rates indirectly full l s wages earned, Regulations,otegr than of wages paid(including rates of contributions or costs permissible deductions as set forth in 29 CFR anticipated for bona fide fringe benefits or cash equivalents part 3; thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed, the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination any costs reasonably anticipated in providing benefits under a incorporated into the contract. plan or program described in section 1(b)(2)(B)of the Davis- 5 195 (3)The weekly submission of a properly executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program.If the "Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable (4)The falsification of any of the above certifications may classification.If the Administrator determines that a different on, subject the contractor or subcontractor to civil or criminal practiceeprevailsall for paidthe applicablecrwithehat dcetermination. prosecution under section 1001 of title 18 and section 231 of fringes shall be in accordance that determination. title 31 of the United States Code. In the event the Office of Apprenticeship Training,Employer c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an apprenticeship program,the contractor will no longer be inspection,copying,or transcription by authorized representatives of the contracting agency,the State DOT,the permitted ino d rateae apprenticesrer performedt less than the applicable FHWA, or the Department of Labor,and shall permit such predetermined for the work until an acceptable representatives to interview employees during working hours program is approved. on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL). after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the guarantee of funds.Furthermore,failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may individually registered in a program which has received prior be grounds for debarment action pursuant to 29 CFR 5.12. approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training 4. Apprentices and trainees Administration. a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S.Department of in the approved program for the trainee's level of progress, Labor,Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training,Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program.If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe program,who is not individually registered in the program,but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training,Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee The allowable ratio of apprentices to journeymen on the job rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall site in any craft classification shall not be greater than the ratio be paid not less than the applicable wage rate on the wage permitted to the contractor as to the entire work force under determination for the classification of work actually performed. the registered program.Any worker listed on a payroll at an In addition,any trainee performing work on the job site in apprentice wage rate,who is not registered or otherwise excess of the ratio permitted under the registered program employed as stated above,shall be paid not less than the shall be paid not less than the applicable wage rate on the applicable wage rate on the wage determination for the wage determination for the work actually performed. 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 In the event the Employment and Training Administration less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the performing construction on a project in a locality other than applicable predetermined rate for the work performed until an that in which its program is registered,the ratios and wage acceptable program is approved. rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered c.Equal employment opportunity.The utilization of • program shall be observed. apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29 specified in the registered program for the apprentice's level of CFR part 30. progress,expressed as a percentage of the journeymen hourly 6 196 d. Apprentices and Trainees(programs of the U.S.DOT). Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY skill training programs which have been certified by the STANDARDS ACT Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of$100,000 and subject to the The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety trainees under such programs will be established by the Standards Act.These clauses shall be inserted in addition to particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics the particular program. include watchmen and guards. 5.Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require 3,which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any 6.Subcontracts. The contractor or subcontractor shall insert workweek in which he or she is employed on such work to Form FHWA-1273 in any subcontracts and also require the work in excess of forty hours in such workweek unless such lsubcontractors to include Form FHWA-1273 in any lower tier than or and one-halfmechanreceives the basicsicsaten at a rate not less subcontracts.The prime contractor shall be responsible for the wane ine timesyhourssurate k pay for all hours compliance by any subcontractor or lower tier subcontractor worked excess of forty in such workweek. with all the contract clauses in 29 CFR 5.5. 2.Violation;liability for unpaid wages;liquidated 7.Contract termination:debarment. A breach of the damages. In the event of any violation of the clause set forth contract clauses in 29 CFR 5.5 may be grounds for termination in paragraph(1.)of this section,the contractor and any of the contract,and for debarment as a contractor and a subcontractor responsible therefor shall be liable for the subcontractor as provided in 29 CFR 5.12. 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 8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic,including watchmen and are herein incorporated by reference in this contract. guards,employed in violation of the clause set forth in paragraph(1.)of this section,in the sum of$10 for each 9.Disputes concerning labor standards.Disputes arising calendar day on which such Individual was required or out. of the labor nce ning provisionsblabor tan of this contracDisputes shall not permitted to work in excess of the standard workweek of forty be subject to the general disputes clause of this contract.Such hours setfot hpin paragraphant the(1.)ovof me wages required by the disputes shall be resolved in accordance with the procedures clause forth in of this section. of the Department of Labor set forth in 29 CFR parts 5,6,and 7.Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages. between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the employees or their representatives. Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the 10.Certification of eligibility. contractor or subcontractor under any such contract or any 9 ty, other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work a.By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this section. b.No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph(1.) through(4.)of this section and also a clause requiring the c.The penalty for making false statements is prescribed in the subcontractors to include these clauses in any lower tier U.S.Criminal for 8 U.S.C.1 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. 7 197 evidenced in writing and that it contains all pertinent provisions VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract. This provision is applicable to all Federal-aid construction 5.The 300/o self-performance requirement of paragraph(1)is contracts on the National Highway System. not applicable to design-build contracts;however,contracting agencies may establish their own self-performance 1.The contractor shall perform with its own organization requirements. 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 VII.SAFETY:ACCIDENT PREVENTION designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such T his pr o v i s i o n is applicable to all Federal-aid specialty items performed may be deducted from the total construction contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal,State,and local laws governing safety,health,and sanitation(23 CFR 635).The a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be without operators. Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into contractor meets all of the following conditions: pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance (1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her employees; health or safety,as determined under construction safety and (2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work (3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704). _ exclude individual employees from work on the project;and (4)the prime contractor remains ultimately responsible for 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40 equipment not ordinarily available in the type of contracting U.S.C.3704). 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. VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2.The contract amount upon which the requirements set forth in paragraph(1)of Section VI is computed includes the cost of T his pro v i s i o n is applicable to all Federal-aid material and manufactured products which are to be construction contracts and to all related subcontracts. purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal- direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly, (regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts,Form FHWA-1022 shall be posted on each 4.No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer,or authorized representative,and such with the project: 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 18 U.S.C.1020 reads as follows: contracting agency has assured that each subcontract Is 8 198 A "Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be false statement,false representation,or false report as to the considered in connection with the department or agency's character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction.However, be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans,maps,specifications,contracts,or costs from participation in this transaction. of construction on any highway or related project submitted for approval to the Secretary of Transportation;or c.The certification in this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement,false agency determined to enter into this transaction.If it is later representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. project approved by the Secretary of Transportation;or d.The prospective first tier participant shall provide Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when Roads Act approved July 1,1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed and supplemented; circumstances. Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred," years or both." "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 IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract,or subcontract,as appropriate,the bidder,proposer, funds(such as the prime or general contractor). "Lower Tier Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). 1.That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier 2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred, included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. such requirements. g.The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension,Ineligibility SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency,entering into this covered transaction,without modification,in all lower This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold. subcontracts,purchase orders,lease agreements,consultant contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered defined in 2 CFR Parts 180 and 1200. 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, 1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded Parties List System website(https://www.epls.00v/),which is b.The inability of a person to provide the certification set out compiled by the General Services Administration. below will not necessarily result in denial of participation in this 9 199 i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to including suspension and/or debarment. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of j.Except for transactions authorized under paragraph(f)of changed circumstances. these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d.The terms"covered transaction,""debarred," person who is suspended,debarred,ineligible,or voluntarily "suspended,""ineligible,""participant,""person,""principal," • excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause,are defined other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a or default. 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" 2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant" Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier its knowledge and belief,that it and its principals: Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower (1) Are not presently debarred,suspended,proposed for Tier Participants(such as subcontractors and suppliers). debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal e.The prospective lower tier participant agrees by department or agency; submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this a public(Federal,State or local)transaction or contract under transaction originated. a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled statements,or receiving stolen property; "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," (3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding local)with commission of any of the offenses enumerated in the$25,000 threshold. paragraph(a)(2)of this certification;and g.A participant in a covered transaction may rely upon a (4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered application/proposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or (Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each 2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded • Parties List System website(https://www.epls.gov/),which is (Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause.The a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction i.Except for transactions authorized under paragraph e of was entered into.If it is later determined that the prospective these instructions,if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to , — other remedies available to the Federal Government,the 10 200 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. XI.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 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 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. 11 201 • ATTACHMENT A-EMPLOYMENT AND MATERIALS 6.The contractor shall include the provisions of Sections 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be,done as on-site work. 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 contractor's 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. 12 202 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 indirectly 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. in 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. 203 Buy America Generale 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. Manufacturing 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/programadmin/contracts/032495.cfm). 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 manufacturing 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. 204 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 America 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 America 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.C. 323 - Donations and Credits. While the LG may receive a credit for donated material,this material must generally comply with Buy America. 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 America 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. 205 ® Material Statement 1� �a Form 1818 Rev.08/12) (a.k.a.Form D-9-USA-1) Sheet of Supplier: _ County: Address: Project: Control: Contract No.: Contractor: Purchase Quantity Mill Heat Material Required Documentation Order No. (Amt./Units) Material Description Name No. Use Spec. MTR Cert. • This is to certify that the materials listed above and on the attached supplement(if attached)are in conformance with the governing specification(s).This is to also certify that all manufacturing processes for steel and iron materials or for the application of coatings(epoxy,galvanizing,painting or any other coating that protects or enhances the value of the steel or iron metal)to these materials occurred in the United States of America. Manufacturing processes are defined as all processes required to change the raw ore or scrap metal into the finished in-place steel or iron product.The attached mill test reports(MTRs)and Certifications(Cert.)are offered as proof of Domestic Origin. Subscribed and sworn to before me this day of I declare under penalty of perjury under the laws of the United States of America and the State of Texas that the foregoing is true and correct and that I am authorized to sign for the Firm listed below. Notary Public (Authorized Corporate Official Signature) Date My Commission expires: , (Type Name and Title) (Firm Name) rn 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. 207 State of Texas ,f ') Health & Human Services Commission 1. Child Support Certification 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 • 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 ill 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. II. 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# Lance Dean III. 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 maybe terminated and payment withheld if this certification is inaccurate." COO gnature Title Lance Dean 08/16/2018 Printed Name Date 208 State of Texas Child Support Business Ownership Form County: Harris Project Name: Shadow Creek Bike and Pedestrian Trail TxDOT CSJ: 0912-31-292 LG Project Number: PK1401 Business Entity Submitting Bid: Texas Wall and Landscape, LLC 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 Lance Dean 2. Please check the box below if no individual owns 25% or more of the business. ( i 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 bemaintained 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. 08/16/2018 ignature Date Lance Dean Printed Name IF THIS PROJECT IS A JOINT VENTURE, ALL PARTIES TO THE JOINT VENTURE MUST PROVIDE A COMPLETED FORM. 209 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: • Texas Wall and Landscape, LLC (Company/Contractor) that is believed to be an immediate threat to human health or the environment. o37, 08/16/2018 ontractor Signature Date Lance Dean Printed Name COO Title 210 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) 211 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 performance/. • 212 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). • 213 000.394 Special Provision to Item 000 __ Disadvantaged Business Enterprise in Federal-Aidof Danspolon rbg 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. 2. DISADVANTAGED BUSINESS ENTERPRISE IN FEDERAL-AID CONTRACTS 2.1. 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,will 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. 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. The Contractor,subrecipient,or subcontractor will not discriminate on the basis of race,color,national origin, or sex in the performance of this Contract.Carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted Contracts.Failure 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 Department deems appropriate. The requirements of this Special Provision must be physically included in any subcontract. 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. 2.2. Definitions. 2.2.1. Administrative Reconsideration.A process by which the low bidder may request reconsideration when the Department determines the good faith effort(GFE)requirements have not been met. 2.2.2. Commercially Useful Function(CUF).A CUF occurs when a DBE has the responsibility for the execution of the work and carrying out such responsibilities by actually performing,managing,and supervising the work. 2.2.3. Disadvantaged Business Enterprise(DBE).A for-profit 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. 2.2.4. DBE Joint Venture.An association of a DBE firm and one or more other firms to carry out a single business enterprise for profit for which purpose they combine their property,capital,efforts,skills,and knowledge,and 1-7 01-17 Statewide 214 000.394 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. 2.2.5. DOT.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). 2.2.6. Federal-Aid Contract.Any Contract between the Department and a Contractor that is paid for in whole or in part with DOT financial assistance. 2.2.7. Good Faith Effort.All necessary and reasonable steps to achieve the contract goal which,by their scope, intensity,and appropriateness to the objective,could reasonably be expected to obtain sufficient DBE participation,even if not fully successful.Good faith efforts are evaluated prior to award and throughout performance of the Contract.For guidance on good faith efforts,see 49 CFR Part 26,Appendix A. 2.2.8. North American Industry Classification System(NAICS).A designation that best describes the primary business of a firm.The NAICS is described in the North American Industry Classification Manual—United States,which is available on the Internet at the U.S.Census Bureau website: http://www.census.00v/eos/www/naics/. 2.2.9. Race-Conscious.A measure or program that is focused specifically on assisting only DBEs,including women-owned businesses. 2.2.10. Race-Neutral DBE Participation.Any participation by a DBE through customary competitive procurement procedures. 2.2.11. Texas Unified Certification Program(TUCP)Directory.An online directory listing all DBEs currently certified by the TUCP.The Directory identifies DBE firms whose participation on a Contract may be counted toward achievement of the assigned DBE Contract goal. 2.3. Contractor's Responsibilities. 2.3.1. DBE Liaison Officer.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. 2.3.2. Compliance Tracking System(CTS).This Contract is subject to electronic Contract compliance tracking. Contractors and DBEs are required to provide any noted and requested Contract compliance-related data electronically in the Department's tracking system.This includes commitments,payments,substitutions,and good faith efforts.Contractors and DBEs are responsible for responding by any noted response date or due date to any instructions or request for information,and to check the system on a regular basis.A Contractor is responsible for ensuring all DBEs have completed all requested items and that their contact information is accurate and up-to-date.The Department may require additional information related to the Contract to be provided electronically through the system at any time before,during,or after contract award.The system is web-based and can be accessed at the following Internet address:https://txdot.txdotcros.com/. In its sole discretion,the Department may require that contract compliance tracking data be submitted by Contractors and DBEs in an alternative format prescribed by the Department. 2.3.3. Apparent Low Bidder.The apparent low bidder must submit DBE commitments to satisfy the DBE goal or submit good faith effort Form 2603 and supporting documentation demonstrating why the goal could not be achieved,in whole or part,no later than 5 calendar days after bid opening.The means of transmittal and the risk of timely receipt of the information will be the bidder's responsibility and no extension of the 5-calendar- day timeframe will be allowed for any reason. 2-7 01-17 Statewide 215 000-394 2.3.4. DBE Contractor.A DBE Contractor may receive credit toward the DBE goal for work performed by its own forces and work subcontracted to DBEs.In the event a DBE subcontracts to a non-DBE,that information must be reported monthly. 2.3.5, DBE Committal.Only those DBEs certified by the TUCP are eligible to be used for goal attainment.The Department maintains the TUCP DBE Directory.The Directory can be accessed at the following Internet address:https://txdot.txdotcros.com/FrontEndNendorSearchPublic.asp?TN=txdot&XID=2340. A DBE must be certified on the day the commitment is considered and at time of subcontract execution.It is the Contractor's responsibility to ensure firms identified for participation are approved certified DBE firms. The Bidder is responsible to ensure that all submittals are checked for accuracy.Any and all omissions, deletions,and/or errors that may affect the end result of the commitment package are the sole liabilities of the bidder. Commitments in excess of the goal are considered race-neutral commitments. 2.3.6. Good Faith Effort Requirements.A Contractor who cannot meet the Contract goal,in whole or in part, must make adequate good faith efforts to obtain DBE participation as so stated and defined in 49 CFR Part 26,Appendix A. 2.3.6.1. Administrative Reconsideration.If the Department determines that the apparent low bidder has failed to satisfy the good faith efforts requirement,the Department will notify the Bidder of the failure and will give the Bidder an opportunity to provide written documentation or argument conceming the issue of whether it met the goal or made adequate good faith efforts to do so.. The Bidder must request an administrative reconsideration of that determination within 3 days of the date of receipt of the notice.The request must be submitted directly to the Texas Department of Transportation, Civil Rights Division, 125 East 11th Street,Austin,Texas 78701-2483. If a request for administrative reconsideration is not filed within the period specified the determination made is final and further administrative appeal is barred. If a reconsideration request is timely received,the reconsideration decision will be made by the Department's DBE liaison officer or,if the DBE liaison officer took part in the original determination,the Department's executive director will appoint a department employee to perform the administrative reconsideration.The employee will hold a senior leadership position and will report directly to the executive director. .. The meeting or written documentation must be provided or held within 7 days of the date the request was submitted. The Department will provide to the Bidder a written decision if the Bidder did or did not make adequate good faith efforts to meet the Contract goal..The reconsideration decision is final and is not administratively appealed to DOT. 2.3.7. Determination of DBE Participation.The work performed by the DBE must be reasonably construed to be included in the work area and NAICS work code identified by the Contractor in the approved commitment. Participation by a DBE on a Contract will not be counted toward DBE goals until the amount of the participation has been paid to the DBE. Payments made to a DBE that was not on the original commitment may be counted toward the Contract goal if that DBE was certified as a DBE before the execution of the subcontract and has performed a Commercially Useful Function. 3-7 01-17 Statewide 216 000-394 The total amount paid to the DBE for work performed with its 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. DBE Goal credit for the DBE subcontractors leasing of equipment or purchasing of supplies from the Contractor or its affiliates is not allowed.Project materials or supplies acquired from an affiliate of the Contractor cannot directly or indirectly(second or lower tier subcontractor)be used for DBE goal credit. If a DBE firm is declared ineligible due to DBE decertification after the execution of the DBE's subcontract, the DBE firm may complete the work and the DBE firm's participation will be counted toward the Contract goal.If the DBE firm is decertified before the DBE firm has signed a subcontract,the Contractor is obligated to replace the ineligible DBE firm or demonstrate that it has made good faith efforts to do so. The Contractor may count 100%of its expenditure to a DBE manufacturer.According to 49 CFR 26.55(e)(1)(i),a DBE 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. The Contractor may count only 60%of its expenditure to a DBE regular dealer.According to 49 CFR 26.55(e)(2)(i),a DBE 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.A firm 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 if the firm both owns and operates distribution equipment for the products.Any supplementing of regular dealers'own distribution equipment must be by a long-term lease agreement and not on an ad hoc or contract-by-contract basis.A long-term lease with a third-party transportation company is not eligible for 60% goal credit. With respect to materials or supplies purchased from a DBE that is neither a manufacturer nor a regular dealer,the Contractor may 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. 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. 2.3.8. ' Commercially Useful Function.It is the Contractor's obligation to ensure that each DBE used on federal-assisted contracts performs a commercially useful function on the Contract. The Department will monitor performance during the Contract to ensure each DBE is performing a CUF. Under the terms established in 49 CFR 26.55,a DBE performs 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. With respect to material and supplies used on the Contract,a DBE must be responsible for negotiating price,. determining quality and quantity,ordering the material,installing the material,if applicable,and paying for the material itself. With respect to trucking,the DBE trucking firm must own and operate at least one fully licensed,insured,and operational truck used on the Contract.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 that leases trucks equipped with drivers from a non-DBE is entitled to credit for the total value of transportation services provided by non- + DBE leased trucks equipped with drivers not to exceed the value of transportation services on the Contract 4-7 01-17 Statewide 217 000-394 provided by DBE-owned trucks or leased trucks with DBE employee drivers.Additional participation by non- DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease arrangement. A DBE does not perform a CUF when 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. The Department will evaluate similar transactions involving non-DBEs in order to determine whether a DBE is an extra participant. 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 than would be expected on the basis of normal industry practice for the type of work involved,the Department will presume that the DBE is not performing a CUF. If the Department determines that a DBE is not performing a CUF,no work performed by such DBE will count as eligible participation.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,the Contractor will be required to provide a substitute DBE to meet the Contract goal or provide an adequate good faith effort when applicable. 2.3.8.1. Rebuttal of a Finding of No Commercially Useful Function.Consistent with the provisions of 49 CFR 26.55(c)(4)&(5),before the Department makes a final finding that no CUF has been performed by a DBE,the Department will notify the DBE and provide the DBE the opportunity to provide rebuttal information. CUF determinations are not subject to administrative appeal to DOT. 2.3.9. Joint Check.The use of joint checks between a Contractor and a DBE is allowed with Department approval, To obtain approval,the Contractor must submit a completed Form 2178,"DBE Joint Check Approval,"to the Department. The Department will closely monitor the use of joint checks to ensure that such a practice does not erode the independence of the DBE nor inhibit the OBE's ability to perform a CUF.When joint checks are utilized,DBE credit toward the Contract goal will be allowed only when the subcontractor is performing a CUF in accordance with 49 CFR 26.55(c)(1). Long-term or open-ended joint checking arrangements may be a basis for further scrutiny and may result in the lack of participation towards the Contract goal requirement if DBE independence cannot be established. Joint checks will not be allowed simply for the convenience of the Contractor. If the proper procedures are not followed or the Department determines that the arrangements result in a lack of independence for the DBE involved,no credit for the DBE's participation as it relates to the material cost will be used toward the Contract goal requirement,and the Contractor will need to make up the difference elsewhere on the project. 2.3.10. DBE Termination and Substitution.No DBE named in the commitment submitted under Section 2.3.5.will be terminated for convenience,in whole or part,without the Department's approval.This includes,but is not limited to,instances in which a Contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate,a non-DBE firm,or with another DBE firm. Unless consent is provided,the Contractor will not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. 5-7 01-17 Statewide 218 000-394 The Contractor,prior to submitting its request to terminate,must first give written notice to the DBE of its intent to terminate and the reason for the termination.The Contractor will copy the Department on the Notice of Intent to terminate. The DBE has 5 calendar days to respond to the Contractor's notice and will advise the Contractor and the Department of the reasons,if any,why it objects to the proposed termination of its subcontract and why the Department should not approve the prime Contractor's request for termination. The Department may provide a shorter response time if required in a particular case as a matter of public necessity. The Department will consider both the Contractor's request and DBE's stated position prior to approving the request.The Department may provide a written approval only if it agrees,for reasons stated in its concurrence document,that the Contractor has good cause to terminate the DBE.If the Department does not approve the request,the Contractor must continue to use the committed DBE firm in accordance with the Contract.For guidance on what good cause includes,see 49 CFR 26.53. Good cause does not exist if the Contractor seeks to terminate,reduce,or substitute a DBE it relied upon to obtain the Contract so that the Contractor can self-perform the work for which the DBE firm was engaged. When a DBE subcontractor is terminated,make good faith efforts to find,as a substitute for the original DBE, another DBE to perform,at least to the extent needed to meet the established Contract goal,the work that the original DBE was to have performed under the Contract. Submit the completed Form 2228,"DBE Termination Substitution Request,"within seven(7)days,which may be extended for an additional 7 days if necessary at the request of the Contractor.The Department will provide a written determination to the Contractor stating whether or not good faith efforts have been demonstrated.If the Department determines that good faith efforts were not demonstrated,the Contractor will have the opportunity to appeal the determination to the Civil Rights Division. 2.3.11. Reports and Records.By the 15th of each month and after work begins,report payments to meet the DBE goal and for DBE race-neutral participation on projects with or without goals.These payment reports will be required until all DBE subcontracting or material supply activity is completed.Negative payment reports are required when no activity has occurred in a monthly period. Notify the Area Engineer if payment to any DBE subcontractor is withheld or reduced. Before receiving final payment from the Department,the Contractor must indicate a final payment on the compliance tracking system.The final payment is a summary of all payments made to the DBEs on the project. All records must be retained for a period of 3 years following completion of the Contract work,and must 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. 2.3.12. Failure to Comply.If the Department determines the Contractor has failed to demonstrate good faith efforts to meet the assigned goal,the Contractor will be given an opportunity for reconsideration by the Department. A Contractor's failure to comply with the requirements of this Special Provision will 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. - 2.3.13. Investigations.The Department may conduct reviews or investigations of participants as necessary.All participants,including,but not limited to,DBEs and complainants using DBE Subcontractors to meet the 6-7 01-17 Statewide 219 000.394 Contract goal,are required to cooperate fully and promptly with compliance reviews,investigations,and other requests for information. 2.3.14. Falsification and Misrepresentation.If the Department determines that a Contractor or subcontractor was a knowing and willing participant in any intended or actual subcontracting arrangement contrived to artificially inflate DBE participation or any other business arrangement determined by the Department to be unallowable,or if the Contractor engages in repeated violations,falsification,or misrepresentation,the Department may: • ,refuse to count any fraudulent or misrepresented DBE participation; • withhold progress payments to the Contractor commensurate with the violation; • reduce the Contractor's prequalification status; • refer the matter to the Office of Inspector General of the US Department of Transportation for investigation;and/or • seek any other available contractual remedy. • 7-7 01-17 Statewide 220 DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS Project: STP 2016(785)MM Highway: City: Pearland County: Brazoria CSJ No.: 0912-31-292 The following goal for disadvantaged business enterprises is established: DBE 5% 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: Joe Harper Title: CEO Phone: 713-893-4594 221 Disadvantaged Business Enterprise(DBE)Program For,sMs.4901 (Rev.06108) ;." Commitment Agreement Form Page 1 of t Tues _ Ali oapartnrent of Transportation This commitment is subject to the award and receipt of a signed contract from the Texas Department of Transportation for the subject project. Project#: County: Contract-CSJ: Items of work to be performed(attach a list of work items if more room is required): Bid Item# Item Description Unit of Measure Unit Price Quantity Total Per Item Total The contractor certifies by signature on this agreement that subcontracts will be executed between the prime contractor and the DBE subcontractors as listed on the agreement form.If a DBE Subcontractor is unable to perform the work as listed on this agreement form, the prime contractor will follow the substitution/replacement approval process as outlined in the Contract DBE Special Provision. IMPORTANT:The signatures of the prime contractor and the DBE, and the total commitment amount must always be on the 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 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. 222 Disadvantaged Business Enterprise (DBE) Program Form SMSP.e4901oM/ Material & Supplier Commitment Agreement Form Page 1 of 1 Tesea Department of Transportation This commitment is subject to the award and receipt of a signed contract from the Texas Department of Transportation for the subject project. Project#: County: Contract-CSJ: Items of material to be supplied(attach a list if more room is required): Bid Item Item Description Unit of Unit Price Quantity Total Per Item Measure $ $ $ $ $ $ Total Commitment Amount(including attachments): $ (Manufacturer Goal Credit=100%) 1.Is the material to be supplied,modified,blended, 1. quarried or fabricated by the DBE?If Yes,please explain in detail. If you answered Yes to Question 1 above,you do not need to answer questions 2-4 (Regular Dealer Goal credit=60%) 2.Where is the DBE material supplier getting the 2. materials? 3.Where does the DBE material supplier store or 3.- warehouse the material before it is delivered to the project site? 4.Whose equipment will be used to deliver the DBE's 4. material to the project site?Explain in detail any arrangements the DBE has with other distributors, hauling firms and freight companies. IMPORTANT!The signatures of the prime contractor DBE, and the total commitment amount must always be on the 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. 223 Disadvantaged Business Enterprise Form 2228 g P (DBE) Program g (Rev.05/08) Substitution Request Form Page 1 of 1 ofainspartstlan �„m�t Project#: County: Contract-CSJ: Request Date: Prime Contractor: Date Prime determined DBE unwilling,unable or ineligible: List Previous Approved Subcontractor: Proposed Subcontractor: Bid Item Work Description Dollar Amount Remaining Bid Item Work Description Dollar Completed 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 ❑The listed DBE is no longer in business. ❑The listed DBE requested removal. ❑The listed DBE failed or refused to perform the ❑Other issues not listed: 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. Provide copy(s) of: Letter to terminate,DBE termination agreement statement or if applicable,DBE letter of voluntary removal request. Contractor Signature: ° _ °;. ; Date: E Approved. [Rejected, Reason: District DBE Coordinator Signatures Date; Use TxDOT Form 2184 if good faith effort is applicable. 224 COMMERCIALLY USEFUL FUNCTION (CUF) Form 2182 ,— \ PROJECT SITE REVIEW (Pave 1/of82 Dapaalgone (CONSTRUCTION PROJECTS) 9 of ilimportatIon Per 49 CFR 26.55,"A DBE performs a commercially useful function 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... 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..." This form is for the purposes of reviewing DBEs for compliance with the CUF requirements for credit. District field staff will perform CUF reviews on DBE subcontractors 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: County: Reviewer's Title: Prime Contractor: Review Date: DBE Name: DBE is performing as: the Prime Contractor a Subcontractor an other Tier Subcontractor or Material Supplier: Manufacturer❑ Regular Dealer❑ Broker❑ Provide a brief description of the DBE's scope of work.(Obtain copy of Subcontract Agreement and/or Purchase Order if needed.) COMMENSURATE YES NO Is Payment received by the DBE commensurate with the work being performed? ❑ ❑ PERFORMING Does the DBE have employees on the job to perform the work? ❑ ❑ Does the DBE's employees only work for the DBE? ❑ 0 Is the DBE working without assistance from the prime contractor or another subcontractor? ❑ ❑ (Use of prime's equipment in an emergency is allowed but the cost associated with the use of the equipment cannot be credited towards the goal.) Is the DBE only using equipment it owns, rents,or leases? ❑ ❑ (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 verification of ownership or lease documents In ❑ ❑ the name of the DBE.) Does the DBE employ drivers for trucks owned by the company?(If leased trucks include operators,this should ❑ ❑ be indicated in the agreement.) Does a review of the haul tickets associated with the project indicate that hauling is being performed by ❑ ❑ the DBE? MATERIALS Does the DBE's name appear on all invoices, haul tickets, and/or bills of lading? ❑ ❑ If joint checks are used, has the District DBE Coordinator approved?(Obtain appropriate copies of TxDOT Joint ❑ ❑ Check Approval-Form 2178.) Are joint checks signed by the DBE?(Obtain canceled check copies.) ❑ ❑ SUPERVISING Is the DBE supervising its employees and their 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 225 DBE Trucking Credit Worksheet Form 2371 ) �•• For Month of(Month/Year): Page 1 of 1 olhansportsllan Project: County: Prime Contractor: Contract CSJ: District: DBE Hauling Firm: Name of DBE Hauling Firm Amt Paid Amt Paid to DBEs for Work Total Amt Paid to to License Plate# Unit# or Performed DBEs to Date Non DBE For TxDOT use Only DBE Truck Owner/Operator this Month Haulers • I hereby certify that the above is a true and correct statement of the amounts paid to the DBE trucking firms listed above. Signature: Date: DBE Company Official The DBE firm must send the report to the prime contractor in a timely manner. The prime contractor must then submit this form with the DBE Monthly Progress Report(MPR). 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 Government Code,you also are entitled to receive and review this information.Under Section 559.004 of the Government Code,you are also - entitled to have us correct information about you that is incorrect. N N O) Prime ContractorForm2184 (Rev.05/08) T¢ma DBE Good Faith Effort Page 1 oft , Armartrnant al Trenspoetlan County: CSJ#: Company Name: 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. 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. 227 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 ❑ Fax ❑ Mail ❑ E-mail DBE Response ❑ No Response ❑ Submitted an acceptable sub-bid ❑ Not interested: Indicate Reason(s) ❑ Needs more information: Date Prime provided requested information ❑ Will provide quote by: Date ❑ Received unacceptable sub-bid Bid Amount$ Type of Work Date: Method: ❑ Phone ❑ Fax ❑ Mail ❑ E-mail Please attach bid solicitations and all bid responses 228 Texas Department of Transportation FormSMS.4903 (Rev.07!08) DBE Monthly Progress Report Page'ort T�Taaraa r of TianspartaUon Project: Contract CSJ: County: District: Letting Date: For Month of(Mo./Yr.): Contractor: Contract Amount: DBE Goal: % DBE Goal Dollars: *•DBE •••$Amt Paid $Amt Paid to Non-DBE •RC Amt Paid to Vendor Name of DBE for Work 2nd For TxDOT Number Sub/Supplier °r Performed Tier Subs DBEs to Date use Only RN this Period and Haulers (X-lr) (X) (Y) * Race Conscious or Race Neutral. ** Goal/commitment progress report amount and/or race-neutral amount. Do not subtract non-DBE second-tier subcontractors and haulers from this column. *** Report amount of payment DBE subcontractors paid to non-DBE subcontractors/haulers. 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: Date: Company Official 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. 229 Prompt Payment Certification Form 21" P Y (Rev.05/11) Federal-Aid Projects and Page'of t °'"''part°'"°" Projects with SBE Goals 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: CCSJ: Estimate Period: or Month Year Final Subcontractor and Supplier Payment Date Signature Title Date Printed Name: The following firms have not been paid for reasons listed: 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 Government Code,you also are entitled to receive and review this information. Under Section 559.004 of the Government Code,you are also entitled to have us correct information about you that 1s incorrect. 230 DBE Prime Contractor Payments Form5M5.4902 (Rev.05/08) Tema to Non-DBE Subcontractors Page lofl -- mans po of Transportation Project: Contract CSJ: County: District: Letting Date: For Month of(Mo./Yr.): Contractor: Contract Amount: Name of Non-DBE Subcontractor $Amount Paid This Total$Amount Paid to Period Date Send this report to the District DBE Coordinator.Report is due within 15 days following the end of each calendar month. Signature: Date: Company Official 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. 231 DBE Final Report Form(Rev. 0910) Page 1 of 1 eeparrtm nt of nsp:lavon 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: Contract CSJ: County: Control Project: Letting Date: DBE Goal: Contractor: Contract Amount: Vendor Name of DBE RC DBE Goal—Total Amount Paid to Non-DBE For, or TxDOT Number Sub/Supplier RN* Amount Paid to Datef 2nd Tier Subs&Haulers$ Use Only * 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. $ 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? ❑Yes ❑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. 232 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 compliance 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 published 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 233 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. • 234 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. ignature/Authorized Certifying Official Lance Dean -COO Typed Name and Title Texas Wall and Landscape, LLC 08/16/2018 Applicant/Organi7ation Date Signed 235 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. 4)�� Lance Dean ignature/Authorized Certifying Official Typed Name and Title Texas Wall and Landscape, LLC 08/16/2018 Applicant/Organi7ation Date Signed 236 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.Department 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. 237 AFFIDAVIT THE STATE OF TEXAS OWNER City of Pearland Before me,the undersigned authority,on this day personally appeared Lance Dean 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 Texas Wall and Landscape,LLC("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 projec Lance Dean COO NAME TITLE SWORN TO AND SUBSCRIBED BEFORE ME by the said Lance Dean ,this 16 day of August ,20 18 ,to certify which witness my hand and seal of office. NOT='Y PUBLIC,and for -y Vt. Gigi M CalixState of Texas , ? My Commission Expires ,P 0512912022 14,6 ID No 131583990 Printed Name: Gigi Calix My Commission Expires 05/29/2022 238 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. 6. 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. 239 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 prison; 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 prison facility meeting the requirements of the regulation. 240 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$6 million applying separately to each annual period except as provided in paragraph (b) of this section. 241 2. In cases involving real and demonstrable danger of appreciably higher risks, higher dollar • amounts of coverage for which premiums will be reimbursable from Federal funds shall be allowed.These larger amounts will depend on circumstances and shall be written for the individual project in accordance with standard underwriting practices upon approval of TxDOT. 242 SBE Monthly Progress Report Fo(RSMSAg0 Rev.4/2006) (GSD-EPC) Teras Page 1 of 1 �r nspo, ent of Transporfatlon Project: Contract CSJ: County: District: Letting Date: For Month of: (Mo./Yr.): Contractor: Contract Amount: SBE Goal: % SBE Goal Dollars *SBE$Amt. Pd.for Vendor Name of SBE *SBE, DBE, Amt. Pd.to SBE to Number Sub/Supplier HUB, DH Type of Work Work Performed this Date Period * 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: Date: Company Official 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. 243 n Form 1560 CERTIFICATE OF INSURANCE (Rev.5/18) rer.7 nt Previous editions of this form maynot be used. Trano x or mnAoarsran Page 1 of 2 (�-- Agents should complete this form by providing all requested information,then either email,fax,or mail this form as noted at the bottom of page two. 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: Texas Wall Systems LLC; Texas Landscape Systems LLC;Texas Wall&Landscape LLC Street/Mailing Address: 654 N SAM HOUSTON PKWY E,SUITE 330 City/State/Zip: HOUSTON,TEXAS 77060 Phone Number: ( 713 ) 893 - 4594 WORKERS'COMPENSATION INSURANCE COVERAGE: Endorsed with a Waiver of Subrogation in favor of TxDOT. Carrier Name: Accident Fund Insurance Carrier Phone#: ( 888 ) 275 - 6094 Address:232 S.Capitol Avenue City,State,Zip: Lansing,MI 48901 Type of Insurance Policy Number Effective Date Expiration Date Limits of Liability: Workers'Compensation WCV61214032 7/25/2018 7/25/2019 Not Less Than: Statutory-Texas COMMERCIAL GENERAL LIABILITY INSURANCE: Carrier Name: Transportation Insurance Co Carrier Phone#: ( 248 ) 350 - 6130 Address: 1 Towne Square City,State,Zip: Southfield,MI 48076 Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Commercial General Not Less Than: 6018450588 7/25/2018 7/25/2019 Liability Insurance $600,000 each occurrence - BUSINESS AUTOMOBILE POLICY: Carrier Name: Valley Forge Insurance Co. Carrier Phone#: ( 248 ) 350- - 6130 Address: 1 Towne Square City,State,Zip: Southfield,MI 48076 Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Business Automobile Policy 6018450591 7/25/2018 7/25/2019 Not Less Than: $600,000 combined single limit UMBRELLA POLICY(if applicable): Carrier Name: Continental Insurance Co. Carrier Phone#: ( 248 ) 350 - 6130 Address: 1 Towne Square City,State,Zip:Southfield,MI 48076 Type of Insurance: Policy Number: Effective Date: Expiration Date: Limits of Liability: Umbrella Policy 6018450610 7/25/2018 7/25/2019 $5,000,000 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 Address City, State, Zip Code VTC Insurance Group 1175 W.Long Lake Road Troy,MI 48098 ( 248 ) 828 - 3377 -- 7-25-2018 Authorized Agent's Phone Number Authorized Agent 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 Government Code,you are also entitled to have us correct information about you that is incorrect. • Form 1560 (Rev.5/18) Page 2 of 2 NOTES TO AGENTS: Agents must provide all requested information then either email, fax, or mail this form as noted 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 notacceptable 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 $500,000 each occurrence $100,000 each occurrence Property Damage $100,000 for aggregate PRIVATE AUTOMOBILE LIABILITY INSURANCE is not an acceptable substitute for a Business Automobile Policy. Completed forms may be submitted by any of the following methods:. Email: CST_Insurance@txdot.gov Fax: (512)416-2536 Mail: Texas Department of Transportation CST—Contract Processing 125 E. 11th Street Austin, TX 78701-2483 000-002L Special Provision to Item 000 Nondiscrimination 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. Owner,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 of Owner's 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 Owner. 3. NONDISCRIMINATION PROVISIONS During the performance of this contract,the contractor agrees as follows: 3.1. 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. 3.2. 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. 3.3. 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. 3.4. 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 Owner or the Texas Department of Transportation 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 Owner or the Texas Department of Transportation as appropriate,and shall set forth what efforts it has made to obtain the information. 1 09-14 Statewide 246 000-002L 3.5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract,the Owner shall impose such contract sanctions as it,the Owner may determine to be appropriate,including,but not limited to: ■ withholding of payments to the contractor under the contract until the contractor complies,and/or • cancellation,termination or suspension of the contract,in whole or in part. 3.6. Incorporation of Provisions.The contractor shall 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 Regulations,or directives issued pursuant thereto.The contractor shall take such action with respect to any subcontract or procurement as the Owner 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 Owner to enter into such litigation to protect the interests of the Owner,and,in addition,the contractor may request the United States to enter into such litigation to protect the interests of the United States. 2 09-14 Statewide 247 000-003L Special Provision to Item 000 Certification of Nondiscrimination in Employment 1. GENERAL By signing this proposal,the Bidder certifies that Bidder 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 Bidder has not participated in a previous contract of this type,or if Bidder has had previous contract or subcontracts and has not filed, Bidder 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 require_d 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 248 000-004L Special Provision to Item 000 Notice of Requirement for Affirmative Action to Ensure 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: Goals for minority participation Goals for female participation in each trade,% in each trade,% 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 Owner 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 Owner in the award.The notification will list the names, 1 249 000-004L 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 Minority Participation County Participation,% County Participation,% Anderson 22.5 Chambers 27.4 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 Concha 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 27.4 Denton 18.2 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 2 250 o o C C CD ID C N N xxxxxxxxxxxxxxxxxxxxxx = G) G) G) G) G) 0G) 0G) 000) m -cimmmm7m 'i '1mmC) cpcucu= c = _• C CP () C7 o - .00. n 0 0 •oo o 0 = �- co co cn m a) a) a1 v a1 m m e -, -,, n) o o m _ 0 a) d. o• m 0 0 0 o v, CD a' n) 0 CD g CD 2 2 * x y CD to A- S a) cn 0_ 7c CO CSD c ti N CD u1 fn N y -' — 0- fD CO `� N a) C2 CCn N m CD Cn 7c W d 0- 0 cn 5 0 0 = CD u, = m O < 0 = Co a o wCD O a, - 0 3 0 0 c m = m n. () -o w w o 5 m 0 o Z = in CO 0 ur• o O — a1 0- _ .D u, n CD O = d -o CD -P. -, A � -. 4.,.. . N . N N -. N -. .A N -. -. -� V N -+ N — -. N N N A N N 4, N -, 4, -- N -+ 4, .--.• •--• N .-. .--. •--.. N --.. .- •--.. CT 0 CO co CO -, CO A CO N CO N V V O — V CO CO N V CO CO CO N N --+ :F. O -, N V N — -+. CO — CO V V N -, CO V CO CO CO CO CO CD CO V V CO O V V CO V V d ? N ? 6) iv N - D) O O) .P N O O N) O (O (31 N N 01 O) Cb in O ---, COO en Go in O O en O Ut Cb '4, C)o O .A. ? CD .P GO CD CT .A CO N W O Cn CD ? N O) N co 0 = W e xN = � � m � 0o OQO � f Zz (Za � o ss c � am aaaom m m a-s) a3 0 < m 0, m o m < � 3 3 3 =o a = c0 2 c c c m o o m m m v o c o _z a, a) 0 0 0 0 0 co d C-, cn CCD C� O ,0 Cl.) CCD = o N co CD !n' o [0 6) 0� = N 7 ° 0 0c01:00 -- 0 - =C = n' 00 O o N 0 0 a) 'O O" a) X CD CD 6 " CD = = o °) o 2 m = o o o c0 m n n a) o o 0 o = = o c) COcO o o m o cn m ,c Z CD 3 o c a) o Ac n _ '- A- cr = d o 0 m o = _• m m u, m cn 'O CD O AON N -. N -.. -.. -. N •--• N --.• N -. N NA 4, N N ? NN -, NN -, -, — N ? - -, NN N N •A — — N � •A .P --.. N A -, ? CO V CO CO N V N -• -• O N V N CO O .-. V V O CO CO CO O CO CO O O CD V O CO N V CO CO CO 4, 4, CO V V A V CO CO CD O O .A CD COO COO 4,N C'3 O W ? e0 6 N Cn N O) O O V O D) N 01 Cn N O C....) iv CO 0) CA •— 6 A ? V O •P •P O CD Cn ? in D) O N N O CA 0) ? N) ? A *en U1 N O N •A G7 O A CD N ct 0 = Ose O O O O O A r N cn 000-004L 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 27.4 Victoria 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 19.5 Zavala 49.4 4 252 000-005L Special Provision to Item 000 Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. GENERAL 1.1. 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 1 253 000-005L 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 Contractormust 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 US. 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 2 254 000-005L 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 3 255 000-005L 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. • 4 256 000-394L 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. 2. DISADVANTAGED BUSINESS ENTERPRISE IN FEDERAL-AID CONTRACTS 2.1. 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,will 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. 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. The Contractor,subrecipient,or subcontractor will not discriminate on the basis of race,color,national origin, or sex in the performance of this Contract.Carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted Contracts.Failure 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. The requirements of this Special Provision must be physically included in any subcontract. 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. 2.2. Definitions. 2.2.1. Administrative Reconsideration.A process by which the low bidder may request reconsideration when the Department determines the good faith effort(GFE)requirements have not been met. 2.2.2. Commercially Useful Function(CUF).A CUF occurs when a DBE has the responsibility for the execution of the work and carrying out such responsibilities by actually performing,managing,and supervising the work. 2.2.3. Disadvantaged Business Enterprise(DBE).A for-profit 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. 2.2.4. DBE Joint Venture.An association of a DBE firm and one or more other firms 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 1 -7 257 000-394L share in the capital contribution,control,management,risks,and profits of the joint venture are commensurate with its ownership interest. 2.2.5. DOT.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). 2.2.6. Federal-Aid Contract.Any Contract between the Owner and a Contractor that is paid for in whole or in part with DOT financial assistance. 2.2.7. Good Faith Effort.All necessary and reasonable steps to achieve the contract goal which,by their scope, intensity,and appropriateness to the objective,could reasonably be expected to obtain sufficient DBE participation,even if not fully successful.Good faith efforts are evaluated prior to award and throughout performance of the Contract.For guidance on good faith efforts,see 49 CFR Part 26,Appendix A. 2.2.8. North American Industry Classification System(NAICS).A designation that best describes the primary business of a firm.The NAICS is described in the North American Industry Classification Manual—United States,which is available on the Internet at the U.S.Census Bureau website: http://www.census.gov/eos/www/naics/. 2.2.9. Race-Conscious.A measure or program that is focused specifically on assisting only DBEs,including women-owned businesses. 2.2.10. Race-Neutral DBE Participation.Any participation by a DBE through customary competitive procurement procedures. 2.2.11. Texas Unified Certification Program(TUCP)Directory.An online directory listing all DBEs currently certified by the TUCP.The Directory identifies DBE firms whose participation on a Contract may be counted toward achievement of the assigned DBE Contract goal. 2.3. Contractor's Responsibilities. 2.3.1. DBE Liaison Officer.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. 2.3.2. Compliance Tracking System(CTS).This Contract is subject to Contract compliance tracking.Contractors and DBEs are required to provide any noted and requested Contract compliance-related data to the Owner. This includes,but is not limited to,commitments,payments,substitutions,and good faith efforts.Contractors and DBEs are responsible for responding by any noted response date or due date to any instructions or request for information by the Owner. 2.3.3. Apparent Low Bidder.The apparent low bidder must submit DBE commitments to satisfy the DBE goal or submit good faith effort Form 2603 and supporting documentation demonstrating why the goal could not be achieved,in whole or part,no later than 5 calendar days after bid opening.The means of transmittal and the risk of timely receipt of the information will be the bidder's responsibility and no extension of the 5-calendar- day timeframe will be allowed for any reason. 2.3.4. DBE Contractor.A DBE Contractor may receive credit toward the DBE goal for work performed by its own forces and work subcontracted to DBEs.In the event a DBE subcontracts to a non-DBE,that information must be reported monthly. 2.3.5. DBE Committal.Only those DBEs certified by the TUCP are eligible to be used for goal attainment.The Directory can be accessed at the following Internet address: https://txdot.txdotcros.com/FrontEndNendorSearchPublic.asp?TN=txdot&XI D=2340. 2-7 258 000-394L A DBE must be certified on the day the commitment is considered and at time of subcontract execution. It is __ the Contractor's responsibility to ensure firms identified for participation are approved certified DBE firms. The Bidder is responsible to ensure that all submittals are checked for accuracy.Any and all omissions, deletions,and/or errors that may affect the end result of the commitment package are the sole liabilities of the bidder. Commitments in excess of the goal are considered race-neutral commitments. 2.3.6. Good Faith Effort Requirements.A Contractor who cannot meet the Contract goal,in whole or in part, must make adequate good faith efforts to obtain DBE participation as so stated and defined in 49 CFR Part 26,Appendix A. 2.3.6.1. Administrative Reconsideration. If the Owner determines that the apparent low bidder has failed to satisfy the good faith efforts requirement,the Owner will notify the Bidder of the failure and will give the Bidder an opportunity for administrative reconsideration. The Bidder must request an administrative reconsideration of that determination within 3 days of the date of receipt of the notice.The request must be submitted directly to the Owner. If a reconsideration request is timely received,the reconsideration decision will be made by the Owner's DBE liaison officer or,if the DBE liaison officer took part in the original determination that the Bidder failed to satisfy the good faith effort requirements,an Owner employee who holds a senior leadership position and reports directly to the executive officer,and who did not take part in the original determination will act as an administrative hearing officer.The Bidder may provide written documentation or argument concerning whether the assigned DBE contract goal was met or whether adequate good faith efforts were made to meet the Contract goal. The DBE liaison or other Owner employee making the reconsideration determination may request a meeting with the Bidder to discuss whether the goal commitments were met or whether adequate good faith efforts were made to obtain the commitments to meet the Contract goal. The meeting must be held within 7 days of the date of the request submitted under this section.If the Bidder is unavailable to meet during the 7-day period,the reconsideration decision will be made on the written information provided by the Bidder. The Owner will provide to the Bidder a written decision that explains the basis for finding that the Bidder did not meet the Contract goal or did not make adequate good faith efforts to meet the Contract goal,within 7 days of the date of the notice issued in this section. The reconsideration decision is final and not subject to administrative appeal. 2.3.7. Determination of DBE Participation.The work performed by the DBE must be reasonably construed to be included in the work area and NAICS work code identified by the Contractor in the approved commitment. Participation by a DBE on a Contract will not be counted toward DBE goals until the amount of the participation has been paid to the DBE. Payments made to a DBE that was not on the original commitment may be counted toward the Contract goal if that DBE was certified as a DBE before the execution of the subcontract and has performed a Commercially Useful Function. The total amount paid to the DBE for work performed with its 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. 3-7 259 000-394L DBE Goal credit for the DBE subcontractors leasing of equipment or purchasing of supplies from the Contractor or its affiliates is not allowed.Project materials or supplies acquired from an affiliate of the Contractor cannot directly or indirectly(second or lower tier subcontractor)be used for DBE goal credit. If a DBE firm is declared ineligible due to DBE decertification after the execution of the DBE's subcontract, the DBE firm may complete the work and the DBE firm's participation will be counted toward the Contract goal.If the DBE firm is decertified before the DBE firm has signed a subcontract,the Contractor is obligated to replace the ineligible DBE firm or demonstrate that it has made good faith efforts to do so. The Contractor may count 100%of its expenditure to a DBE manufacturer.According to 49 CFR 26.55(e)(1)(i),a DBE 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. The Contractor may count only 60%of its expenditure to a DBE regular dealer.According to 49 CFR 26.55(e)(2)(i),a DBE 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.A firm 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 if the firm both owns and operates distribution equipment for the products.Any supplementing of regular dealers'own distribution equipment must be by a long-term lease agreement and not on an ad hoc or contract-by-contract basis.A long-term lease with a third-party transportation company is not eligible for 60% goal credit. With respect to materials or supplies purchased from a DBE that is neither a manufacturer nor a regular dealer,the Contractor may 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. 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. 2.3.8. Commercially Useful Function.It is the Contractor's obligation to ensure that each DBE used on federal-assisted contracts performs a commercially useful function on the Contract. The Owner will monitor performance during the Contract to ensure each DBE is performing a CUF. Under the terms established in 49 CFR 26.55,a DBE performs 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. With respect to material and supplies used on the Contract,a DBE must be responsible for negotiating price, determining quality and quantity,ordering the material,installing the material,if applicable,and paying for the material itself. With respect to trucking,the DBE trucking firm must own and operate at least one fully licensed,insured,and operational truck used on the Contract.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 that leases trucks equipped with drivers from a non-DBE is entitled to credit for the total value of transportation services provided by non- DBE leased trucks equipped with drivers not to exceed the value of transportation services on the Contract provided by DBE-owned trucks or leased trucks with DBE employee drivers.Additional participation by non- DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease arrangement. 4-7 260 000-394L A DBE does not perform a CUF when 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. The Owner will evaluate similar transactions involving non-DBEs in order to determine whether a DBE is an extra participant. 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 than would be expected on the basis of normal industry practice for the type of work involved,the Owner will presume that the DBE is not performing a CUF. If the Owner determines that a DBE is not performing a CUF,no work performed by such DBE will count as eligible participation.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,the Contractor will be required to provide a substitute DBE to meet the Contract goal or provide an adequate good faith effort when applicable. 2.3.8.1. Rebuttal of a Finding of No Commercially Useful Function.Consistent with the provisions of 49 CFR 26.55(c)(4)&(5),before the Owner makes a final finding that no CUF has been performed by a DBE,the Owner will notify the DBE and provide the DBE the opportunity to provide rebuttal information. CUF determinations are not subject to administrative appeal. 2.3.9. Joint Check.The use of joint checks between a Contractor and a DBE is allowed with Owner approval.To obtain approval,the Contractor must submit a completed Form 2178,"DBE Joint Check Approval,"to the Owner. The Owner will closely monitor the use of joint checks to ensure that such a practice does not erode the independence of the DBE nor inhibit the DBE's ability to perform a CUF.When joint checks are utilized,DBE credit toward the Contract goal will be allowed only when the subcontractor is performing a CUF in accordance with 49 CFR 26.55(c)(1). Long-term or open-ended joint checking arrangements may be a basis for further scrutiny and may result in the lack of participation towards the Contract goal requirement if DBE independence cannot be established. Joint checks will not be allowed simply for the convenience of the Contractor. If the proper procedures are not followed or the Owner determines that the arrangements result in a lack of independence for the DBE involved,no credit for the DBE's participation as it relates to the material cost will be used toward the Contract goal requirement,and the Contractor will need to make up the difference elsewhere on the project. 2.3.10. DBE Termination and Substitution.No DBE named in the commitment submitted under Section 2.3.5.will be terminated for convenience,in whole or part,without the Owner's approval.This includes,but is not limited to,instances in which a Contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate,a non-DBE firm,or with another DBE firm. Unless consent is provided,the Contractor will not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. The Contractor,prior to submitting its request to terminate,must first give written notice to the DBE of its intent to terminate and the reason for the termination.The Contractor will copy the Owner on the Notice of Intent to terminate. 5-7 261 000-394L The DBE has 5 calendar days to respond to the Contractor's notice and will advise the Contractor and the Owner of the reasons,if any,why it objects to the proposed termination of its subcontract and why the Owner should not approve the prime Contractor's request for termination. The Owner may provide a shorter response time if required in a particular case as a matter of public necessity. The Owner will consider both the Contractor's request and DBE's stated position prior to approving the request.The Owner may provide a written approval only if it agrees,for reasons stated in its concurrence document,that the Contractor has good cause to terminate the DBE. If the Owner does not approve the request,the Contractor must continue to use the committed DBE firm in accordance with the Contract. For guidance on what good cause includes,see 49 CFR 26.53. Good cause does not exist if the Contractor seeks to terminate,reduce,or substitute a DBE it relied upon to obtain the Contract so that the Contractor can self-perform the work for which the DBE firm was engaged. When a DBE subcontractor is terminated,make good faith efforts to find,as a substitute for the original DBE, another DBE to perform,at least to the extent needed to meet the established Contract goal,the work that the original DBE was to have performed under the Contract. Submit the completed Form 2228,"DBE Termination Substitution Request,"within seven(7)days,which may be extended for an additional 7 days if necessary at the request of the Contractor.The Owner will provide a written determination to the Contractor stating whether or not good faith efforts have been demonstrated. 2.3.11. Reports and Records.By the 15th of each month and after work begins,report payments to meet the DBE goal and for DBE race-neutral participation on projects with or without goals.These payment reports will be required until all DBE subcontracting or material supply activity is completed. Negative payment reports are required when no activity has occurred in a monthly period. Notify the Owner if payment to any DBE subcontractor is withheld or reduced. Before receiving final payment from the Owner,the Contractor must indicate a final payment on the compliance tracking system.The final payment is a summary of all payments made to the DBEs on the project. All records must be retained for a period of 3 years following completion of the Contract work,and must be available at reasonable times and places for inspection by authorized representatives of the Owner,Texas Department of Transportation or the DOT.Provide copies of subcontracts or agreements and other documentation upon request. 2.3.12. Failure to Comply. If the Owner determines the Contractor has failed to demonstrate good faith efforts to meet the assigned goal,the Contractor will be given an opportunity for reconsideration by the Owner. A Contractor's failure to comply with the requirements of this Special Provision will 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. 2.3.13. Investigations.The Owner may conduct reviews or investigations of participants as necessary.All participants,including,but not limited to,DBEs and complainants using DBE Subcontractors to meet the Contract goal,are required to cooperate fully and promptly with compliance reviews,investigations,and other requests for information. 6-7 262 000-394L 2.3.14. Falsification and Misrepresentation. If the Owner determines that a Contractor or subcontractor was a knowing and willing participant in any intended or actual subcontracting arrangement contrived to artificially inflate DBE participation or any other business arrangement determined by the Owner to be unallowable,or if the Contractor engages in repeated violations,falsification,or misrepresentation,the Owner may: ■ refuse to count any fraudulent or misrepresented DBE participation; ■ withhold progress payments to the Contractor commensurate with the violation; ■ refer the matter to the Office of Inspector General of the US Department of Transportation for investigation;and/or ■ seek any other available contractual remedy. 7-7 263 002-0011L Special Provision to Item 2 Instructions to Bidders Item 2,"Instructions to Bidders,"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 2.3.,"Issuing Proposal Forms,"second paragraph,is supplemented by the following. The Owner will not issue a proposal form if one or more of the following apply: • the Bidder or affiliate of the Bidder that was originally determined as the apparent low Bidder on a project,but was deemed nonresponsive for failure to submit a DBE commitment as specified in Article 2.14.,"Disadvantaged Business Enterprise (DBE),"is prohibited from rebidding that specific project. Article 2.7.,"Nonresponsive Bid,"is supplemented by the following: The Owner will not accept a nonresponsive bid.A bid that has one or more of the deficiencies listed below is considered nonresponsive: • the Bidder failed to submit a DBE commitment as specified in Article 2.14.,"Disadvantaged Business Enterprise(DBE)." Article 2.14.,"Disadvantaged Business Enterprise(DBE),"is added. The apparent low bidder must submit DBE commitment information on federally funded projects with DBE goals within 5 calendar days(as defined in 49 CFR Part 26,Subpart A)of bid opening.For a submission that meets the 5-day requirement, administrative corrections will be allowed. If the apparent low Bidder fails to submit their DBE information within the specified timeframe,the apparent low bidder will be deemed nonresponsive and the proposal guaranty will become the property of the Owner,not as a penalty,but as liquidated damages.The Bidder forfeiting the proposal guaranty will not be considered in future proposals for the same work unless there has been a substantial change in the design of the work.The Owner may recommend: • reject all bids,or • award the Contract to the new apparent low Bidder,if the new apparent low Bidder submits DBE information within one calendar day of notification by the Owner. If the new apparent low Bidder is unable to submit the required DBE information within one calendar day: • the new apparent low Bidder will not be deemed nonresponsive, • the Bidder's guaranty will not be forfeited, • the Owner will reject all bids,and • the Bidder will remain eligible to receive future proposals for the same project. 1 -1 264 007-001L Special Provision to Item 7 Legal Relations and Responsibilities 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 2.6.5.,"Training",is supplemented by the following: Coordinate enrollment,pay associated fees,and successfully complete approved Training or Contractor Delivered Training. Training is valid for the period prescribed by the provider but no less than 3 yrs.from the date of completion.The Owner may require training at a frequency less than the period prescribed or 3 yrs.based on Owner'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. Approved Training.Approved training is listed below: 2.6.5.1.1 Contractor Responsible Person and Alternate. Provider Course Title American Traffic Safety Services Association Traffic Control Supervisor National Highway Institute Maintenance of Traffic Control for Supervisors 2.6.5.1.2. Flagger Instructor Training. Provider Course Title American Traffic Safety Services Association Flagging Instructor Training Course Texas Engineering Extension Services Train-the-Trainer Flaggers National Safety Council Flagger(Instructor) University of Texas at Arlington, Certified Flagger Instructor Division for Enterprise Development Flagger Training. Provider Course Title Texas Engineering Extension Services Flaggers in Work Zones National Safety Council Flagger(Novice) University of Texas at Arlington, Flaggers in Work Zones(TxDOT Training) Continuing Education Department University of Texas at Arlington, WZ Traffic Control/Qualified Flagger Continuing Education Department Associated Builders and Contractors, Flagger Training Austin Chapter LDI Safety Training Flagger Training Tipton Compliance and Safety Flagger Training 1-2 265 007-001L 2.6.5.1.3. Law Enforcement Personnel. Provider Course Title - National Highway Institute Safe and Effective Use of Law Enforcement Personnel in Work Zones 2.6.5.1.4. Other Work Zone Personnel. Provider Course Title American Traffic Safety Services Association Traffic Control Technician Training Texas Engineering Extension Services Work Zone Traffic Control National Highway Institute Maintenance of Traffic Control for Technicians National Highway Institute Maintenance Training Series:Basics of Work Zone Traffic Control 2.6.5.2. Contractor Delivered Training.Develop Contractor Delivered Training curriculum and submit the curriculum to the Owner for approval.Do not implement the training curriculum before receiving written approval from the Owner.The work performed and materials furnished to develop the curriculum and provide training will not be measured or paid for directly but will be considered subsidiary to pertinent Items. A contractor's certified flagging instructor is permitted to train other flaggers. 2-2 266 506-001L Special Provision to Item 506 Temporary Erosion, Sedimentation, and Environmental Controls For this project, item 506, "Temporary Erosion, Sedimentation, and Environmental Controls," of the standard specifications, is hereby voided and replaced with the following. 1. DESCRIPTION Install,maintain,and remove erosion,sedimentation,and environmental control measures to prevent or reduce the discharge of pollutants in accordance with the Storm Water Pollution Prevention Plan(SWP3)in the plans and the Texas Pollutant Discharge Elimination System(TPDES)General Permit TXR150000. 2. MATERIALS Furnish materials in accordance with the following: ■ Item 161,"Compost" • Item 432,"Riprap" • Item 556,"Pipe Underdrains" 2.1. Rock Filter Dams. 2.1.1. Aggregate.Furnish aggregate with hardness,durability,cleanliness,and resistance to crumbling,flaking, and eroding acceptable to the Owner.Provide the following: • Types 1,2,and 4 Rock Filter Dams.Use 3 to 6 in.aggregate. • Type 3 Rock Filter Dams.Use 4 to 8 in.aggregate. 2.1.2. Wire. Provide minimum 20 gauge galvanized wire for the steel wire mesh and tie wires for Types 2 and 3 rock filter dams.Type 4 dams require: ■ a double-twisted,hexagonal weave with a nominal mesh opening of 2-1/2 in. x 3-1/4 in.; • minimum 0.0866 in.steel wire for netting; • minimum 0.1063 in.steel wire for selvages and corners;and • minimum 0.0866 in.for binding or tie wire. 2.1.3. Sandbag Material.Furnish sandbags meeting Section 506.2.8.,"Sandbags,"except that any gradation of aggregate may be used to fill the sandbags. 2.2. Temporary Pipe Slope Drains.Provide corrugated metal pipe,polyvinyl chloride(PVC)pipe,flexible tubing, watertight connection bands,grommet materials,prefabricated fittings,and flared entrance sections that conform to the plans.Recycled and other materials meeting these requirements are allowed if approved. Furnish concrete in accordance with Item 432,"Riprap." 2.3. Temporary Paved Flumes.Furnish asphalt concrete,hydraulic cement concrete,or other comparable non-erodible material that conforms to the plans..Provide rock or rubble with a minimum diameter of 6 in.and a maximum volume of 1/2 cu.ft.for the construction of energy dissipaters. 2.4. Construction Exits.Provide materials that meet the details shown on the plans and this Section. 1 267 506-001 L 2.4.1. Rock Construction Exit.Provide crushed aggregate for long-and short-term construction exits. Furnish aggregates that are clean,hard,durable,and free from adherent coatings such as salt,alkali,dirt,clay,loam, shale,soft or flaky materials,and organic and injurious matter.Use 4-to 8-in.aggregate for Type 1.Use 2-to 4-in.aggregate for Type 3. 2.4.2. Timber Construction Exit.Furnish No.2 quality or better railroad ties and timbers for long-term construction exits,free of large and loose knots and treated to control rot.Fasten timbers with nuts and bolts or lag bolts, of at least 1/2 in.diameter,unless otherwise shown on the plans or allowed.Provide plywood or pressed wafer board at least 1/2 in.thick for short-term exits. 2.4.3. Foundation Course.Provide a foundation course consisting of flexible base, bituminous concrete,hydraulic cement concrete,or other materials as shown on the plans or directed. 2.5. Embankment for Erosion Control.Provide rock,loam,clay,topsoil,or other earth materials that will form a stable embankment to meet the intended use. 2.6. Pipe.Provide pipe outlet material in accordance with Item 556,"Pipe Underdrains,"and details shown on the plans. 2.7. Construction Perimeter Fence. 2.7.1. Posts.Provide essentially straight wood or steel posts that are at least 60 in.long.Furnish soft wood posts with a minimum diameter of 3 in.,or use nominal 2 x 4 in.boards.Furnish hardwood posts with a minimum cross-section of 1-1/2 x 1-1/5 in.Furnish T-or L-shaped steel posts with a minimum weight of 0.5 lb.per foot. 2.7.2. Fence.Provide orange construction fencing as approved. 2.7.3. Fence Wire.Provide 11 gauge or larger galvanized smooth or twisted wire.Provide 16 gauge or larger tie wire. 2.7.4. Flagging.Provide brightly-colored flagging that is fade-resistant and at least 3/4 in.wide to provide maximum visibility both day and night. 2.7.5. Staples.Provide staples with a crown at least 1/2 in.wide and legs at least 1/2 in.long. 2.7.6. Used Materials.Previously used materials meeting the applicable requirements may be used if approved. 2.8. Sandbags.Provide sandbag material of polypropylene,polyethylene,or polyamide woven fabric with a minimum unit weight of 4 oz.per square yard,a Mullen burst-strength exceeding 300 psi,and an ultraviolet stability exceeding 70%. Use natural coarse sand or manufactured sand meeting the gradation given in Table 1 to fill sandbags.Filled sandbags must be 24 to 30 in.long, 16 to 18 in.wide,and 6 to 8 in.thick. Table 1 Sand Gradation Sieve# Retained(%by Weight) 4 Maximum 3% 100 Minimum 80% 200 Minimum 95% Aggregate may be used instead of sand for situations where sandbags are not adjacent to traffic.The aggregate size shall not exceed 3/8 in. • 2.9. Temporary Sediment Control Fence.Provide a net-reinforced fence using woven geo-textile fabric.Logos visible to the traveling public will not be allowed. • 2 268 506-001L 2.9.1. Fabric.Provide fabric materials in accordance with DMS-6230,"Temporary Sediment Control Fence Fabric." 2.9.2. Posts.Provide essentially straight wood or steel posts with a minimum length of 48 in.,unless otherwise shown on the plans. Furnish soft wood posts at least 3 in.in diameter,or use nominal 2 x 4 in.boards. Furnish hardwood posts with a minimum cross-section of 1-1/2 x 1-1/2 in.Furnish T-or L-shaped steel posts with a minimum weight of 1.3 lb.per foot. 2.9.3. Net Reinforcement.Provide net reinforcement of at least 12-1/2 gauge galvanized welded wire mesh,with a maximum opening size of 2 x 4 in.,at least 24 in.wide,unless otherwise shown on the plans. 2.9.4. Staples.Provide staples with a crown at least 3/4 in.wide and legs 1/2 in.long. 2.9.5. Used Materials.Use recycled material meeting the applicable requirements if approved. 2.10. Biodegradable Erosion Control Logs. 2.10.1. Core Material.Furnish core material that is biodegradable or recyclable. Use compost,mulch,aspen excelsior wood fibers,chipped site vegetation,agricultural rice or wheat straw,coconut fiber, 100% recyclable fibers,or any other acceptable material unless specifically called out on the plans.Permit no more than 5%of the material to escape from the containment mesh.Furnish compost meeting the requirements of Item 161,"Compost." 2.10.2. Containment Mesh.Furnish containment mesh that is 100%biodegradable,photodegradable,or recyclable such as burlap,twine,UV photodegradable plastic,polyester,or any other acceptable material. Furnish biodegradable or photodegradable containment mesh when log will remain in place as part of a vegetative system. • Furnish recyclable containment mesh for temporary installations. 2.10.3. Size. Furnish biodegradable erosion control logs with diameters shown on the plans oras directed.Stuff containment mesh densely so logs do not deform. 3. CONSTRUCTION 3.1. Contractor Responsibilities.Implement the Owner's Storm Water Pollution Prevention Plan(SWP3)for the project in accordance with the plans and specifications,TPDES General Permit TXR150000,and as directed by the Owner.Develop and implement an SWP3 for project-specific material supply plants within and outside of the Owner's right of way in accordance with the specific or general storm water permit requirements. Prevent water pollution from storm water associated with construction activity from entering any surface water or private property on or adjacent to the project site. 3.2. General. 3.2.1. Phasing. Implement control measures in the area to be disturbed before beginning construction,or as directed.Limit the disturbance to the area shown on the plans or as directed.If,in the opinion of the Owner, the Contractor cannot control soil erosion and sedimentation resulting from construction operations,the Owner will limit the disturbed area to that which the Contractor is able to control.Minimize disturbance to vegetation. 3.2.2. Maintenance.Immediately correct ineffective control measures.Implement additional controls as directed. Remove excavated material within the time requirements specified in the applicable storm water permit. 3.2.3. Stabilization.Stabilize disturbed areas where construction activities will be temporarily stopped in accordance with the applicable storm water permit.Establish a uniform vegetative cover.The project will not be accepted until a 70%density of existing adjacent undisturbed areas is obtained,unless otherwise shown 3 269 • 506-001L on the plans.When shown on the plans,the Owner may accept the project when adequate controls are in place that will control erosion,sedimentation,and water pollution until sufficient vegetative cover can be established. 3.2.4. Finished Work.Upon acceptance of vegetative cover,remove and dispose of all temporary control measures,temporary embankments,bridges,matting,falsework,piling,debris,or other obstructions placed during construction that are not a part of the finished work,or as directed. 3.2.5. Restricted Activities and Required Precautions.Do not discharge onto the ground or surface waters any pollutants such as chemicals,raw sewage,fuels,lubricants,coolants,hydraulic fluids,bitumens,or any other petroleum product.Operate and maintain equipment on-site to prevent actual or potential water pollution. Manage,control,and dispose of litter on-site such that no adverse impacts to water quality occur.Prevent dust from creating a potential or actual unsafe condition,public nuisance,or condition endangering the value, utility,or appearance of any property.Wash out concrete trucks only as described in the TPDES General Permit TXR150000.Utilize appropriate controls to minimize the offsite transport of suspended sediments and other pollutants if it is necessary to pump or channel standing water(i.e.dewatering).Prevent discharges that would contribute to a violation of Edwards Aquifer Rules,water quality standards,the impairment of a listed water body,or other state or federal law. 3.3. Installation,Maintenance,and Removal Work.Perform work in accordance with the SWP3,according to manufacturers'guidelines,and in accordance with the TPDES General Permit TXR150000.Install and maintain the integrity of temporary erosion and sedimentation control devices to accumulate silt and debris until soil disturbing activities are completed and permanent erosion control features are in place or the disturbed area has been adequately stabilized as determined by the Owner.. If a device ceases to function as intended,repair or replace the device or portions thereof as necessary:Remove sediment,debris,and litter.When approved,sediments may be disposed of within embankments,or in the right of way in areas where the material will not contribute to further siltation.Dispose of removed material in accordance with federal,state,and local regulations. Remove devices upon approval or as directed. Finish-grade and dress the area upon removal.Stabilize disturbed areas in accordance with the permit,and as shown on the plans or directed. Materials removed are considered consumed by the project.Retain ownership of stockpiled material and remove it from the project when new installations or replacements are no longer required. 3.3.1. Rock Filter Dams for Erosion Control.Remove trees,brush,stumps,and other objectionable material that may interfere with the construction of rock filter dams.Place sandbags as a foundation when required or at the Contractor's option. Place the aggregate to the lines,height,and slopes specified,without undue voids for Types 1,2,3,and 5. Place the aggregate on the mesh and then fold the mesh at the upstream side over the aggregate and secure it to itself on the downstream side with wire ties,or hog rings for Types 2 and 3,or as directed.Place rock filter dams perpendicular to the flow of the stream or channel unless otherwise directed.Construct filter dams according to the following criteria unless otherwise shown on the plans: 3.3.1.1. Type 1 (Non-reinforced). 3.3.1.1.1. Height.At least 18 in.measured vertically from existing ground to top of filter dam. 3.3.1.1.2. Top Width.At least 2 ft. 3.3.1.1.3. Slopes.No steeper than 2:1. 3.3.1.2. Type 2(Reinforced). 3.3.1.2.1. Height.At least 18 in.measured vertically from existing ground to top of filter dam. 4 270 506-001L 3.3.1.2.2. Top Width.At least 2 ft. 3.3.1.2.3. Slopes.No steeper than 2:1. 3.3.1.3. Type 3(Reinforced). 3.3.1.3.1. Height.At least 36 in.measured vertically from existing ground to top of filter dam. 3.3.1.3.2. Top Width.At least 2 ft. 3.3.1.3.3. Slopes.No steeper than 2:1. 3.3.1.4. Type 4(Sack Gabions).Unfold sack gabions and smooth out kinks and bends.Connect the sides by lacing in a single loop—double loop pattern on 4-to 5-in.spacing for vertical filling. Pull the end lacing rod at one end until tight,wrap around the end,and twist 4 times.Fill with stone at the filling end,pull the rod tight,cut the wire with approximately 6 in.remaining,and twist wires 4 times. Place the sack flat in a filling trough,fill with stone,connect sides,and secure ends as described above for horizontal filling. Lift and place without damaging the gabion.Shape sack gabions to existing contours. 3.3.1.5. Type 5.Provide rock filter dams as shown on the plans. 3.3.2. Temporary Pipe Slope Drains. Install pipe with a slope as shown on the plans or as directed.Construct embankment for the drainage system in 8-in.lifts to the required elevations.Hand-tamp the soil around and under the entrance section to the top of the embankment as shown on the plans or as directed.Form the top of the embankment or earth dike over the pipe slope drain at least 1 ft.higher than the top of the inlet pipe at all points.Secure the pipe with hold-downs or hold-down grommets spaced a maximum of 10 ft.on center. Construct the energy dissipaters or sediment traps as shown on the plans or as directed.Construct the sediment trap using concrete or rubble riprap in accordance with Item 432,"Riprap,"when designated on the plans. 3.3.3. Temporary Paved Flumes.Construct paved flumes as shown on the plans or as directed.Provide excavation and embankment(including compaction of the subgrade)of materialto the dimensions shown on the plans unless otherwise indicated.Install a rock or rubble riprap energy dissipater,constructed from the materials specified above,to a minimum depth of 9 in.at the flume outlet to the limits shown on the plans or as directed. 3.3.4. Construction Exits.Prevent traffic from crossing or exiting the construction site or moving directly onto a public roadway,alley,sidewalk,parking area,or other right of way areas other than at the location of construction exits when tracking conditions exist.Construct exits for either long-or short-term use. 3.3.4.1. Long-Term.Place the exit over a foundation course as required.Grade the foundation course or compacted subgrade to direct runoff from the construction exits to a sediment trap as shown on the plans or as directed. Construct exits with a width of at least 14 ft.for one-way and 20 ft.for two-way traffic for the full width of the exit,or as directed. 3.3.4.1.1. Type 1.Construct to a depth of at least 8 in.using crushed aggregate as shown on the plans or as directed. 3.3.4.1.2. Type 2.Construct using railroad ties and timbers as shown on the plans or as directed. 3.3.4.2. Short-Term. 3.3.4.2.1. Type 3.Construct using crushed aggregate,plywood,or wafer board.This type of exit may be used for daily operations where long-term exits are not practical. 5 271 506-001 L 3.3.4.2.2. Type 4.Construct as shown on the plans or as directed. 3.3.5. Earthwork for Erosion Control.Perform excavation and embankment operations to minimize erosion and to remove collected sediments from other erosion control devices. 3.3.5.1. Excavation and Embankment for Erosion Control Features.Place earth dikes,swales,or combinations of both along the low crown of daily lift placement,or as directed,to prevent runoff spillover.Place swales and dikes at other locations as shown on the plans or as directed to prevent runoff spillover or to divert runoff.Construct cuts with the low end blocked with undisturbed earth to prevent erosion of hillsides. Construct sediment traps at drainage structures in conjunction with other erosion control measures as shown on the plans or as directed. Create a sediment basin,where required,providing 3,600 cu.ft.of storage per acre drained,or equivalent control measures for drainage locations that serve an area with 10 or more disturbed acres at one time,not including offsite areas. 3.3.5.2. Excavation of Sediment and Debris.Remove sediment and debris when accumulation affects the performance of the devices,after a rain,and when directed. 3.3.6. Construction Perimeter Fence.Construct,align,and locate fencing as shown on the plans or as directed. 3.3.6.1. Installation of Posts. Embed posts 18 in.deep or adequately anchor in rock,with a spacing of 8 to 10 ft. 3.3.6.2. Wire Attachment.Attach the top wire to the posts at least 3 ft.from the ground.Attach the lower wire midway between the ground and the top wire. 3.3.6.3. Flag Attachment.Attach flagging to both wire strands midway between each post.Use flagging at least 18 in.long.Tie flagging to the wire using a square knot. 3.3.7. Sandbags for Erosion Control.Construct a berm or dam of sandbags that will intercept sediment-laden storm water runoff from disturbed areas,create a retention pond,detain sediment,and release water in sheet flow.Fill each bag with sand so that at least the top 6 in.of the bag is unfilled to allow for proper tying of the open end.Place the sandbags with their tied ends in the same direction.Offset subsequent rows of sandbags 1/2 the length of the preceding row.Place a single layer of sandbags downstream as a secondary debris trap.Place additional sandbags as necessary or as directed for supplementary support to berms or dams of sandbags or earth. 3.3.8. Temporary Sediment-Control Fence.Provide temporary sediment-control fence near the downstream perimeter of a disturbed area to intercept sediment from sheet flow.Incorporate the fence into erosion-control measures used to control sediment in areas of higher flow.Install the fence as shown on the plans,as specified in this Section,or as directed. 3.3.8.1. Installation of Posts. Embed posts at least 18 in.deep,or adequately anchor,if in rock,with a spacing of 6 to 8 ft.and install on a slight angle toward the runoff source. 3.3.8.2. Fabric Anchoring.Dig trenches along the uphill side of the fence to anchor 6 to 8 in.of fabric.Provide a minimum trench cross-section of 6 x 6 in.Place the fabric against the side of the trench and align approximately 2 in.of fabric along the bottom in the upstream direction.Backfill the trench,then hand-tamp. 3.3.8.3. Fabric and Net Reinforcement Attachment.Attach the reinforcement to wooden posts with staples,or to steel posts with T-clips,in at least 4 places equally spaced unless otherwise shown on the plans.Sewn vertical pockets may be used to attach reinforcement to end posts. Fasten the fabric to the top strand of reinforcement by hog rings or cord every 15 in.or less. 6 272 506-001L 3.3.8.4. Fabric and Net Splices.Locate splices at a fence post with a minimum lap of 6 in.attached in at least 6 places equally spaced unless otherwise shown on the plans.Do not locate splices in concentrated flow areas. Requirements for installation of used temporary sediment-control fence include the following: • fabric with minimal or no visible signs of biodegradation(weak fibers), • fabric without excessive patching(more than 1 patch every 15 to 20 ft.), • posts without bends,and • backing without holes. 3.3.9. Biodegradable Erosion Control Logs.Install biodegradable erosion control logs near the downstream perimeter of a disturbed area to intercept sediment from sheet flow.Incorporate the biodegradable erosion control logs into the erosion measures used to control sediment in areas of higher flow.Install,align,and locate the biodegradable erosion control logs as specified below,as shown in plans or as directed. Secure biodegradable erosion control logs in a method adequate to prevent displacement as a result of normal rain events,prevent damage to the logs,and to the satisfaction of the Owner such that flow is not allowed under the logs.Temporarily removing and replacing biodegradable erosion logs as to facilitate daily work is allowed at the Contractor's expense. 3.3.10. Vertical Tracking.Perform vertical tracking on slopes to temporarily stabilize soil.Provide equipment with a track undercarriage capable of producing a linear soil impression measuring a minimum of 12 in.long x 2 to 4 in.wide x 1/2 to 2 in.deep.Do not exceed 12 in.between track impressions. Install continuous linear track impressions where the 12 in.length impressions are perpendicular to the slope.Vertical tracking is required on projects where soil disturbing activities have occurred unless otherwise approved. 4. MEASUREMENT 4.1. Rock Filter Dams.Installation or removal of rock filter dams will be measured by the foot or by the cubic yard.The measured volume will include sandbags,when used. 4.1.1. Linear Measurement.When rock filter dams are measured by the foot,measurement will be along the centerline of the top of the dam. 4.1.2. Volume Measurement.When rock filter dams are measured by the cubic yard,measurement will be based on the volume of rock computed by the method of average end areas. 4.1.2.1. Installation.Measurement will be made in final position. 4.1.2.2. Removal.Measurement will be made at the point of removal. 4.2. Temporary Pipe Slope Drains.Temporary pipe slope drains will be measured by the foot. 4.3. Temporary Paved Flumes.Temporary paved flumes will be measured by the square yard of surface area. The measured area will include the energy dissipater at the flume outlet. 4.4. Construction Exits.Construction exits will be measured by the square yard of surface area. 4.5. Earthwork for Erosion and Sediment Control. 4.5.1. Equipment and Labor Measurement.Equipment and labor used will be measured by the actual number of hours the equipment is operated and the labor is engaged in the work. 4.5.2. Volume Measurement. 7 273 506-001L 4.5.2.1. In Place. 4.5.2.1.1. Excavation.Excavation will be measured by the cubic yard in its original position and the volume computed by the method of average end areas. 4.5.2.1.2. Embankment.Embankment will be measured by the cubic yard in its final position by the method of average end areas.The volume of embankment will be determined between: • the original ground surfaces or the surface upon that the embankment is to be constructed for the feature and • the lines,grades and slopes of the accepted embankment for the feature. 4.5.2.2. In Vehicles.Excavation and embankment quantities will be combined and paid for under"Earthwork (Erosion and Sediment Control,In Vehicle)."Excavation will be measured by the cubic yard in vehicles at the point of removal.Embankment will be measured by the cubic yard in vehicles measured at the point of delivery.Shrinkage or swelling factors will not be considered in determining the calculated quantities. 4.6. Construction Perimeter Fence.Construction perimeter fence will be measured by the foot. 4.7. Sandbags for Erosion Control.Sandbags will be measured as each sandbag or by the foot along the top of sandbag berms or dams. 4.8. Temporary Sediment-Control Fence.Installation or removal of temporary sediment-control fence will be measured by the foot. 4.9. Biodegradable Erosion Control Logs.Installation or removal of biodegradable erosion control logs will be measured by the foot along the centerline of the top of the control logs. 4.10. Vertical Tracking.Vertical tracking will not be measured or paid for directly but is considered subsidiary to this Item. 5. PAYMENT The following will not be paid for directly but are subsidiary to pertinent Items: • erosion-control measures for Contractor project-specific locations(PSLs)inside and outside the right of way(such as construction and haul roads,field offices,equipment and supply areas,plants,and material sources); • removal of litter,unless a separate pay item is shown on the plans; • repair to devices and features damaged by Contractor operations; • added measures and maintenance needed due to negligence,carelessness,lack of maintenance,and failure to install permanent controls; • removal and reinstallation of devices and features needed for the convenience of the Contractor; • finish grading and dressing upon removal of the device;and • minor adjustments including but not limited to plumbing posts,reattaching fabric,minor grading to maintain slopes on an erosion embankment feature,or moving small numbers of sandbags. Stabilization of disturbed areas will be paid for under pertinent Items.• Furnishing and installing pipe for outfalls associated with sediment traps and ponds will not be paid for directly but is subsidiary to the excavation and embankment under this Item. 5.1. Rock Filter Dams.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 as follows: 8 274 506-001L 5.1.1. Installation. Installation will be paid for as"Rock Filter Dams(Install)"of the type specified.This price is full compensation for furnishing and operating equipment,finish backfill and grading,lacing,proper disposal, labor,materials,tools,and incidentals. 5.1.2. Removal.Removal will be paid for as"Rock Filter Dams(Remove)."This price is full compensation for furnishing and operating equipment,proper disposal,labor,materials,tools,and incidentals. When the Owner directs that the rock filter dam installation or portions thereof be replaced,payment will be made at the unit price bid for"Rock Filter Dams(Remove)"and for"Rock Filter Dams(Install)"of the type specified.This price is full compensation for furnishing and operating equipment,finish backfill and grading, lacing,proper disposal,labor,materials,tools,and incidentals. 5.2. Temporary Pipe Slope Drains.The workTerformed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price bid for`Temporary Pipe Slope Drains"of the size specified.This price is full compensation for furnishing materials,removal and disposal,furnishing and operating equipment,labor,tools,and incidentals. Removal of temporary pipe slope drains will not be paid for directly but is subsidiary to the installation Item. When the Owner directs that the pipe slope drain installation or portions thereof be replaced,payment will be made at the unit price bid for"Temporary Pipe Slope Drains"of the size specified,which is full compensation for the removal and reinstallation of the pipe drain. Earthwork required for the pipe slopedrain installation,including construction of the sediment trap,will be measured and paid for under"Earthwork for Erosion and Sediment Control." Riprap concrete or stone,when used as an energy dissipater or as a stabilized sediment trap,will be measured and paid for in accordance with Item 432,"Riprap." 5.3. Temporary Paved Flumes.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"Temporary Paved Flume (Install)"or"Temporary Paved Flume(Remove)."This price is full compensation for furnishing and placing materials,removal and disposal,equipment,labor,tools,and incidentals. When the Owner directs that the paved flume installation or portions thereof be replaced,payment will be made at the unit prices bid for"Temporary Paved Flume(Remove)"and"Temporary Paved Flume(Install)." These prices are full compensation for the removal and replacement of the paved flume and for equipment, labor,tools,and incidentals. Earthwork required for the paved flume installation,including construction of a sediment trap,will be measured and paid for under"Earthwork for Erosion and Sediment Control." 5.4. Construction Exits.Contractor-required construction exits from off right of way locations or on-right of way PSLs will not be paid for directly but are subsidiary to pertinent Items. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"for construction exits needed on right of way access to work areas required by the Owner will be paid for at the unit price bid for"Construction Exits(Install)"of the type specified or"Construction Exits (Remove)."This price is full compensation for furnishing and placing materials,excavating,removal and disposal,cleaning vehicles,labor,tools,and incidentals. When the Owner directs that a construction exit or portion thereof be removed and replaced,payment will be made at the unit prices bid for"Construction Exit(Remove)"and"Construction Exit(Install)"of the type specified.These prices are full compensation for the removal and replacement of the construction exit and for equipment,labor,tools,and incidentals. 9 275 506-001L Construction of sediment traps used in conjunction with the construction exit will be measured and paid for under"Earthwork for Erosion and Sediment Control." 5.5. Earthwork for Erosion and Sediment Control. 5.5.1. Initial Earthwork for Erosion and Sediment Control.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"Excavation(Erosion and Sediment Control, In Place),""Embankment(Erosion and Sediment Control, In Place),""Excavation(Erosion and Sediment Control, In Vehicle),""Embankment(Erosion and Sediment Control,(In Vehicle),"or"Earthwork(Erosion and Sediment Control, In Vehicle)." This price is full compensation for excavation and embankment including hauling,disposal of material not used elsewhere on the project;embankments including furnishing material from approved sources and construction of erosion-control features;and equipment,labor,tools,and incidentals. Sprinkling and rolling required by this Item will not be paid for directly,but will be subsidiary to this Item. 5.5.2. Maintenance Earthwork for Erosion and Sediment Control for Cleaning and Restoring Control Measures.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid under a Contractor Force Account Item from invoice provided to the Owner. This price is full compensation for excavation,embankment,and re-grading including removal of accumulated sediment in various erosion control installations as directed,hauling,and disposal of material not used elsewhere on the project;excavation for construction of erosion-control features;embankments including furnishing material from approved sources and construction of erosion-control features;and equipment,labor,tools,and incidentals. Earthwork needed to remove and obliterate erosion-control features will not be paid for directly but is subsidiary to pertinent Items unless otherwise shown on the plans. Sprinkling and rolling required by this Item will not be paid for directly,but will be subsidiary to this Item. 5.6. Construction Perimeter Fence.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"Construction Perimeter Fence."This price is full compensation for furnishing and placing the fence;digging,fence posts, wire,and flagging;removal and disposal;and materials,equipment,labor,tools,and incidentals. Removal of construction perimeter fence will be not be paid for directly but is subsidiary to the installation Item.When the Owner directs that the perimeter fence installation or portions thereof be removed and replaced,payment will be made at the unit price bid for"Construction Perimeter Fence,"which is full compensation for the removal and reinstallation of the construction perimeter fence. 5.7. Sandbags for Erosion Control.Sandbags will be paid for at the unit price bid for"Sandbags for Erosion Control"(of the height specified when measurement is by the foot).This price is full compensation for materials,placing sandbags,removal and disposal,equipment,labor,tools,and incidentals. Removal of sandbags will not be paid for directly but is subsidiary to the installation Item.When the Owner directs that the sandbag installation or portions thereof be replaced, payment will be made at the unit price bid for"Sandbags for Erosion Control,"which is full compensation for the reinstallation of the sandbags. 5.8. Temporary Sediment-Control Fence.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 as follows: 10 276 506-001L 5.8.1. Installation. Installation will be paid for as"Temporary Sediment-Control Fence(Install)."This price is full compensation for furnishing and operating equipment finish backfill and grading,lacing,proper disposal, labor,materials,tools,and incidentals: 5.8.2. Removal.Removal will be paid for as"Temporary Sediment-Control Fence(Remove)."This price is full compensation for furnishing and operating equipment,proper disposal,labor,materials,tools,and incidentals. 5.9. Biodegradable Erosion Control Logs.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 as follows: 5.9.1. Installation.Installation will be paid for as`Biodegradable Erosion Control Logs(Install)"of the size specified.This price is full compensation for furnishing and operating equipment finish backfill and grading, staking,proper disposal,labor,materials,tools,and incidentals. 5.9.2. Removal.Removal will be paid for as"Biodegradable Erosion Control Logs(Remove)."This price is full compensation for furnishing and operating equipment,proper disposal,labor,materials,tools,and incidentals. 5.10. Vertical Tracking.Vertical tracking will not be measured or paid for directly but is considered subsidiary to this Item. • 11 277 County: Brazoria County Highway: Shadowcreek Trail Control: 0912-31-292 GENERAL NOTES: General: The horizontal alignment of the trail shall be staked and walked for approved by City,Engineer, and BDD4 prior to clearing of any trees. The alignment may be adjusted due to conflicts in the field and to minimize the removal of trees. If fixed features require, the governing slopes shown may vary between the limits shown and to the extent determined by the Engineer. Notify the Engineer immediately if discrepancies are discovered in the horizontal control or the benchmark data. References to manufacturer's trade name or catalog numbers are for the purpose of identification only. Similar materials from other manufacturers are permitted if they are of equal quality, comply with the specifications for this project, and are approved, except for roadway illumination, electrical, and traffic signal items. • The cost for materials, labor, and incidentals to provide for traffic across the roadway and for ingress and egress to private property in accordance with Section 7.2.4 of the standard specifications is subsidiary to the various bid items. Restore access roadways to their original condition upon completing construction. Clearly mark or highlight on the shop drawings, the items being furnished for this project. Submit required shop drawings to the Engineer for review and distribution. Unless otherwise shown on the plans or otherwise directed, commence work after sunrise and ensure construction equipment is off the road by sunset. Procure permits and licenses,which are to be issued by the City, County, or Municipal Utility District. General: Site Management Mow the grass and weeds within the project limits a maximum of 3 times a year as directed. This work is subsidiary to the various bid items. Mark stations every 100 ft. and maintain the markings for the project duration. Remove the station markings at the completion of the project. This work is subsidiary to the various bid items. Do not mix or store materials, or store or repair equipment, on top of concrete pavement or bridge decks unless authorized by the Engineer. Permission will be granted to store materials on surfaces if no damage or discoloration will result. General Notes Sheet A 278 County: Brazoria County Highway: Shadowcreek Trail Control: 0912-31-292 Personal vehicles of employees are not permitted to park within the right of way, including sections closed to public traffic. Employees may park on the right of way at the Contractor's office, equipment, and materials storage yard sites. Assume ownership of debris and dispose of at an approved location. Do not dispose of debris on private property unless approved in writing by the Engineer. Control the dust caused by construction operations. For sweeping the base material in preparation for laying asphalt and for sweeping the finished concrete pavement,use one of the following types of sweepers or approved equal: Tricycle Type Truck Type-4 Wheel Wayne Series 900 M-B Cruiser II Elgin White Wing Wayne Model 945 Elgin Pelican Mobile TE-3 Mobile TE-4 Murphy 4042 General: Traffic Control and Construction Schedule work so that the concrete placement operations follow the base work as closely as practical to reduce the hazard to the traveling public and to prevent undue delay caused by wet weather. This project requires grading operations near environmentally sensitive areas. If fences cross construction easements shown on the plans and work is required beyond the fences, remove and replace the fences as directed. This work and the materials are subsidiary to the various bid items. • General: Utilities Consider the locations of underground utilities depicted in the plans as approximate and employ responsible care to avoid damaging utility facilities. Depending upon scope and magnitude of planned construction activities, advanced field confirmation by the utility owner or operator may be prudent. Where possible, protect and preserve permanent signs, markers, and designations of underground facilities. If the Contractor damages or causes damage (breaks, leaks, nicks, dents, gouges, etc.) to the utility, contact the utility facility owner or operator immediately. If overhead or underground power lines need to be de-energized, contact the electrical service provider to perform this work. Costs associated with de-energizing the power lines or other protective measures required are at no expense to the Department. General Notes Sheet B 279 County: Brazoria County Highway: Shadowcreek Trail Control: 0912-31-292 If working near power lines, comply with the appropriate sections of Texas State Law and Federal Regulations relating to the type of work involved. Item 5: Control of Work The earthwork cross-section data provided is for non-construction purposes only and it is the responsibility of the prospective bidder to validate the enclosed data with the appropriate plans, specifications, and estimates for the projects. Item 7: Legal Relations and Responsibilities Do not initiate activities in a Project Specific Location(PSL), associated with a U.S. Army Corps of Engineers (USACE)permit area,that have not been previously evaluated by the USACE as part of the permit review of this project. Such activities include those pertaining to, but are not limited to, haul roads, equipment staging areas, borrow and disposal sites. Associated defined here means materials are delivered to or from the PSL. The permit area includes the waters of the U.S. or associated wetlands affected by activities associated with this project. Special restrictions may be required for such work. Assume responsibility for consultations with the USACE regarding activities, including PSLs that have not been previously evaluated by the USACE. Provide the Department with a copy of consultations or approvals from the USACE before initiating activities. The Contractor may proceed with activities in PSLs that do not affect a USACE permit area if a self-determination has been made that the PSL is non jurisdictional or if proper USACE clearances have been obtained in jurisdictional areas or have been previously evaluated by the USACE as part of the permit review of this project. The Contractor is solely responsible for documenting any determinations that their activities do not affect a USACE permit area. Maintain copies of their determinations for review by the Department or any regulatory agency. Document and coordinate with the USACE, if required,before hauling any excavation from or hauling any embankment to a USACE permit area by either 1 or 2 below: 1. Restricted Use of Materials for the Previously Evaluated Permit Areas. Document both the Project Specific Locations (PSL) and their authorization. Maintain copies for review by the Department or any regulatory agency. When an area within the project limits has been evaluated by the USACE as part of the permit process for this project: a. Suitable excavation of required material in the areas shown on the plans and cross sections as specified in the Item, "Excavation" is used for permanent or temporary fill (under the Item, "Embankment")within a USACE permit area. b. Suitable embankment(under the Item, "Embankment") from within the USACE permit area is used as fill within a USACE evaluated area. c. Unsuitable excavation or excess excavation, "Waste" (under the Item, "Excavation"), that is disposed of at a location approved within a USACE evaluated area. General Notes Sheet C 280 County: Brazoria County Highway: Shadowcreek Trail Control: 0912-31-292 2. Contractor Materials from Areas Other than Previously Evaluated Areas. Provide the Department with a copy of USACE coordination or approvals before initiating any activities for an area within the project limits that has not been evaluated by the USACE or for any off right of way locations used for the following, but not limited to, haul roads, equipment staging areas,borrow and disposal sites: a. The Item, "Embankment"used for temporary or permanent fill within a USACE permit area. b. Unsuitable excavation or excess excavation, "Waste" (under the Item, "Excavation"), that is disposed of outside a USACE evaluated area. The total area disturbed for this project is 1.4 acres. The disturbed area in this project, the project locations in the Contract, and Contractor project specific locations (PSLs)within 1 mile of the project limits for the Contract, will further establish the authorization requirements for storm water discharges. The Department will obtain an authorization to discharge storm water from the Texas Commission on Environmental Quality(TCEQ) for the construction activities shown on the plans. The Contractor is to obtain required authorization from the TCEQ for Contractor PSLs for construction support activities on or off the ROW. When the total area disturbed in the Contract and PSLs within 1 mile of the project limits exceeds 5 acres,provide a copy of the Contractor NOI for PSLs on the ROW to the Engineer(to the appropriate MS4 operator when on an off-state system route) and to the local government that operates a separate storm drain system. Do not place temporary fill in areas determined to be wetlands. This prohibition includes constructing staging areas, temporary fills or other actions that would result in placing fill in wetlands within the right of way, which are not addressed in the plans. The Engineer will coordinate with the Houston District Environmental Section to determine if wetlands are present on this project before placing temporary fill. If wetlands exist, obtain the appropriate permits from the U.S. Army Corps of Engineers. Avoid encroaching into the wetland areas delineated in the plans. Place erosion control measures around the wetlands as shown on the plans. No construction work or construction equipment is permitted within this delineated area. Secure approval for the locations of field offices,material storage sites, material disposal sites,plants, borrow pits, etc. in writing before use to ensure that the proposed location is not within Jurisdictional Waters of the United States (wetlands). Do not store any material in Waters of the United States inside the right of way without written approval. Before construction operations begin,provide a drawing of the location of proposed temporary access roads, haul roads, or temporary fill used during construction operations to ensure that they are not within Jurisdictional Waters of the United States. If the Contractor elects to use an area not permitted and determined to be within Jurisdictional Waters of the United States during the prosecution of the work, the Contractor will hold the General Notes Sheet D 281 County: Brazoria County Highway: Shadowcreek Trail Control: 0912-31-292 Department harmless for delays caused by procuring the necessary permits from the United States Army Corps of Engineers. Maintain the trail slope stability. Maintaining slope stability is subsidiary to the various bid items. The nesting/breeding season for migratory birds is March 1 through August 30. Conduct any tree removal outside of the migratory bird nesting season. If this is not possible due to scheduling, then exercise caution to remove only those trees with no active nests. Do not destroy nests on structures or in trees within the project limits during the nesting/breeding season. Take measures to prevent the building of nests on any structures or trees within the project limits throughout the duration of the construction if work/removal will be performed during the nesting/breeding season. This can be accomplished by application of bird repellent gel, netting by hand every 3 to 4 days, or any other non-threatening method approved by the Houston District Environmental Section. Obtain this approval well in advance of the planned use. Contact the Houston District Environmental Section at 713-802-5244. The cost of this work is subsidiary to the various bid items. Item 8: Prosecution and Progress Working days will be computed and charged based on a standard workweek in accordance with Section 8.3.1.4. Item 02200: Site Preparation Clean existing ditches under fill sections of undesirable materials including grass, muck, and trash. Perform this work in accordance with the Clearing and Grubbing section of this Item. This work is subsidiary to this bid Item. This Item will be measured for payment only in those designated areas shown on the plans. Site Preparation necessary to perform construction that is outside designated areas is subsidiary to this bid Item. Item 02316: Excavation If manipulating the excavated material requires moving the same material more than once to accomplish the desired results, the excavation is measured and paid for only once regardless of the manipulation required. Item 204: Sprinkling Perform subsidiary sprinkling as required under various other items in accordance with the Item, "Sprinkling." Sprinkling for dust control is subsidiary to the various bid items. General Notes Sheet E 282 County: Brazoria County Highway: Shadowcreek Trail Control: 0912-31-292 Item 02630: Storm Sewers Collars are subsidiary to the various bid items. Known locations of existing stub-outs are shown on the plans, but these stub-outs may be in a different position or condition. Delays, inconveniences, or additional work required will not be a basis for additional compensation. The flowline elevations are based on the existing pipe elevations. Field-verify these elevations and adjust them as necessary to meet the field conditions. Before placing these structures, prepare and submit for approval, the data(revised elevation, alignment, length, etc.) for the adjusted structures. If groundwater is encountered while installing the storm drain system, install a suitable dewatering system to facilitate construction of the storm drains. The costs for materials and labor required to install and maintain this system are subsidiary to the various Items. Do not leave excavations or trenches open overnight. Item 01555: Traffic Control and Regulation Use a traffic control plan for handling traffic through the various phases of construction. Follow the phasing sequence unless otherwise agreed upon by the City and the Project Manager. Ensure this plan conforms to the latest"Texas Manual on Uniform Traffic Control Devices" and the latest Barricade and Construction(BC) Standard Sheets. Submit changes to the traffic control plan to the Engineer. Provide a layout showing the construction phasing, signs, striping, and signalizations for changes to the original traffic control plan. Furnish and maintain the barricades and warning signs, including the necessary temporary and portable traffic control devices, during the various phases of construction. Place and construct these barricades and warning signs in accordance with the latest"Texas Manual on Uniform Traffic Control Devices" for typical construction layouts. Cover work zone signs when work related to the signs is not in progress, or when any hazard related to the signs no longer exists. Keep the delineation devices, signs, and pavement markings clean. This work is subsidiary to this Item. Do not mount signs on drums or barricades, except those listed in the latest Barricades and Construction standard sheets. Use traffic cones for daytime work only. Replace the cones with plastic drums during nighttime hours. Use shadow vehicles with Truck Mounted Attenuators (TMA) for lane and shoulder closures. General Notes Sheet F 283 County: Brazoria County Highway: Shadowcreek Trail Control: 0912-31-292 Item 506: Temporary Erosion, Sedimentation and Environmental Controls The use of hay bales is not permitted as Storm Water Pollution Prevention Plan(SWP3) measures. A Storm Water Pollution Prevention Plan(SWP3) is required. Since the disturbed area is less than 5 acres, a"Notice of Intent" (NOI) is not required. Use appropriate measures to prevent, minimize, and control the spill of hazardous materials in the construction staging area. Remove and dispose of materials in compliance with State and Federal laws. Before starting construction, review with the Engineer the SWP3 used for temporary erosion control as outlined on the plans. Before construction,place the temporary erosion and sedimentation control features as shown on the SWP3. Schedule the sodding work as soon as possible. The project schedule provides for a vegetation management plan. After completing earthwork operations,restore and reseed the disturbed areas in accordance with the Department's specifications for permanent or temporary erosion control. Implement temporary and permanent erosion control measures to comply with the National Pollution Discharge Elimination System (NPDES) general permit under the Clean Water Act. Before starting grading operations and during the project duration,place the temporary or permanent erosion control measures to prevent sediment from leaving the right of way. Item 02771: Concrete Sidewalks For reinforcing steel in sidewalks,use No. 4 bars at a maximum 18 in. spacing center-to-center in both directions for 6"trails and No. 5 bars at a maximum 15 in. spacing center-to-center in both directions for 8"trails. General Notes Sheet G 284 CITY OF PEARLAND GENERAL NOTES 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 OFFSITE 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 REMOVALOF ANY DISCARDED DIRT OR OTHER MATERIALS TO AN APPROVED LOCATION AT THE CONTRACTOR EXPENSE. 2. CONTRACTOR SHALL ADEQUATELY PROTECT EXISTING STRUCTURES, UTILITIES,TREES,SHRUBS, AND PERMANENT OBJECTS WHICH ARE NOT SCHEDULED TO BE REMOVED AS PART OF THIS PROJECT. PRIOR TO THE REMOVAL OF ANY TREES,A CLEAR AND GRUB PERMIT MUST BE OBTAINED FROM THE URBAN FORESTER AT 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 THE CITY OF PEARLAND RIGHTS-OF-WAY OR PUBLIC EASEMENTS SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE CITY OF PEARLAND SPECIFICATIONS,ACCEPTED 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-CONSTRUCTION MEETING SHALL BE HELD A MINIMUM OF 48 HOURS PRIOR TO THE START OF CONSTRUCTION. 7. THE CONTRACTOR IS NOT AUTHORIZED TO OPERATE WATER/SANITARY INFRASTRUCTURE UTILITIES, OWNED OR OPERATED BY THE 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. BRAZORIA DRAINAGE DISTRICT#4 GENERAL NOTES 1. ANY GOVERNMENTAL BODY FOR PURPOSES OF DRAINAGE WORK MAY USE DRAINAGE EASEMENT AND FEE STRIPS PROVIDED THE DISTRICT IS PROPERLY NOTIFIED. 2. PERMANENT STRUCTURES, INCLUDING FENCES AND PERMANENT LANDSCAPING,SHALL NOT BE ERECTED IN A DRAINAGE EASEMENT OR FEE STRIPS. 3. MAINTENANCE OF DETENTION FACILITIES IS THE SOLE RESPONSOBILITY OF THE OWNER OF THE PROPERTY. THE DISTRCT WILL PROVIDE MAINTENANCE OF REGIONAL FACILITIES OWNED AND CONSTRUCTED BY THE DISTRICT, OR SUBREGIONAL FACILITIES CONSTRUCTED BY DEVELOPER(S) FOR WHICH OWNERSHIP HAS BEEN TRANSFERRED TO THE DISTRICT WITH THE DISTRICT'S APPROVAL. THE DISTRICT IS RESPONSIBLE ONLY FOR THE MAINTENANCE OF FACILITIES OWNED BY THE DISTRICT UNLESS THE DISTRICT SPECIFICALLY CONTRACTS OR AGREES TO MAINTAIN OTHER FACILITIES. 285 4. CONTRACTOR SHALL NOTIFY THE DISTRICT IN WRITING AT LEAST THIRTY-SIX(36) HOURS BEFORE PLACING ANY CONCRETE FOR DRAINAGE STRUCTURES. 5. THE DISTRICT'S PERSONNEL SHALL HAVE THE RIGHT TO ENTER UPON THE PROPERTY FOR INSPECTION AT ANY TIME DURING CONSTRUCTION OR AS MAY BE WARRANTED TO ENSURE THE DETENTION FACILITY IS OPERATING PROPERLY. 6. APPROPRIATE COVER FOR THE SIDE SLOPES, BOTTOM,AND MAINTENANCE BERM SHALL BE ESTABLISHED PRIOR TO ACCEPTANCE OF CONSTRUCTION BY THE DISTRICT. AT LEAST 95% GERMINATION OF THE GRASS MUST BE ESTABLISHED PRIOR TO ACCEPTANCE OF CONSTRUCTION BY THE DISTRICT. 7. NO BUILDING PERMIT SHALL BE ISSUED FOR ANY LOT WITHIN THIS DEVELOPMENT UNTIL THE DETENTION FACILITY HAS BEEN CONSTRUCTED AND APPROVED BY THE DISTRICT. 8. THE DISTRICT'S APPROVAL OF THE FINAL DRAINAGE PLAN AND FINAL PLAT(IF REQUIRED) DOES NOT AFFECT THE PROPERTY RIGHTS OF THIRD PARTIES. THE DEVELOPER IS RESPONSIBLE FOR OBTAINING AND MAINTAINING ANY AND ALL EASEMENTS, FEE STRIPS AND/OR ANY OTHER RIGHTS-OF-WAY ACROSS THIRD PARTIES' PROPERTIES FOR PURPOSES OF MOVING EXDCESS RUNOFF TO THE DISTRICT'S DRAINAGE FACILITIES AS CONTEMPLATED BY THE FINAL DRAINAGE PLAN AND FINAL PLAT. GENERAL NOTES 1. CONTRACTOR TO SUPPORT AND KEEP INTACT STORM DRAINS AND INLET STRUCTURES. ANY DAMAGES INCURRED WILL BE RESTORED TO ORIGINAL OR BETTER CONDITION AT CONTRACTOR'S EXPENSE. 2. THE CONTRACTOR SHALL NOT PLACE ANY WASTE MATERIAL IN THE 100 YEAR FLOODPLAIN WITHOUT FIRST OBTAINING AN APPROVED FLOODPLAIN PERMIT. 3. CONTRACTOR SHALL SECURE ALL PERMITS REQUIRED FOR CONSTRUCTION AND SHALL NOTIFY RESPECTIVE GOVERNMENTAL OR UTILITY AGENCIES AFFECTED BY CONSTRUCTION. 4. THE SITE DISTURBED DURING CONSTRUCTION SHALL BE COVERED WITH LIVE GRASS BEFORE ACCEPTANCE OF PHASE. 5. EXISTING ABOVE GROUND UTILITIES HAVE BEEN PLOTTED BY DIRECT FIELD INVESTIGATION. UNDERGROUND UTILITIES HAVE BEEN COMPILED FROM VARIOUS SOURCES AND REQUIRE VERIFICATION BY THE CONTRACTOR TO ESTABLISH THEIR EXACT LOCATION AND DEPTH. CONTRACTOR SHALL BE RESPONSIBLE FOR DAMAGE TO EXISTING ABOVE OR UNDER GROUND UTILITIES, INCLUDING THOSE NOT SHOWN ON DRAWINGS. 6. ALL WASTE MATERIAL SHALL BECOME THE PROPERTY OF THE CONTRACTOR AND IT SHALL BE HIS SOLE RESPONSIBILITY TO DISPOSE OF THIS MATERIAL OFF THE LIMITS OF THE RIGHT OF WAY AND TO PRIVATE PROPERTY WHERE THE CONTRACTOR HAS THE CONSENT OF THE OWNERS. NO WASTE MATERIAL SHALL BE PLACED IN EXISTING NATURAL DRAINAGE COURSES. 7. TRAIL-THE STANDARD TRAIL PROPOSED FOR THE PROJECT IS TEN FEET(10')WIDE. ADJUSTMENTS IN THE TRAIL ALIGNMENTA WILL BE REQUIRED TO MANUEVER PAST EXISTING UTILITIES,TREES AND OTHER EXISTING FEATURES. ALIGNMENT ADJUSTMENTS SHALL BE / APPROVED BY THE INSPECTOR OR ENGINEER. 286 8. ALL CLEARING AND GRUBBING FOR THE PROJECT WILL BE UNDER RIGHT OF WAY PREPARATION. 9. TRAIL TO BE CONSTRUCTED TO MEET REQUIREMENTS OF ARCHITECTURAL BARRIER ACT ACCESSIBILITY GUIDELINES FOR OUTDOOR DEVELOPED AREAS. 10. SLOPE CRITERIA: a. CROSS SLOPE—2% MAXIMUM b. RUNNING SLOPE—5%ANY DISTANCE RESTING INTERVALS REQUIRED FOR ANY SLOPE GREATER THAN 5%AT MAXIMUM LIMITS. 11. ALL AREAS AROUND CONSTRUCTION AREAS MUST BE SAFE FOR PEDESTRIAN TRAFFIC BEFORE, DURING AND AFTER CONSTRUCTION. WORK SITES SHALL BE CLEANED DAILY OF ALL CONSTRUCTION TRASH, DEBRIS,AND MATERIALS, ETC. 12. ANY TREES TO BE REMOVED WITHIN THE PROJECT LIMITS SHALL BE PAID UNDER RIGHT OF WAY PREPARATION. 287 168 Item 168 - ____ Vegetative Watering ,Department of Transportation 1. DESCRIPTION Provide and distribute water to promote growth of vegetation as directed. 2. MATERIALS Use water that is clean and free of industrial wastes and other substances harmful to the growth of vegetation. 3. CONSTRUCTION Apply water when directed.Furnish and operate equipment to distribute water at a uniform and controllable rate.Ensure that watering does not erode soil or plantings.Apply water in the required quantity where shown on the plans or as directed. 4. MEASUREMENT This Item will be measured by the 1,000 gal.as applied. 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"Vegetative Watering."This price is full compensation for furnishing and operating watering equipment and measuring devices and for furnishing and applying water,including hauling,equipment,labor,and incidentals. • 106 288 506 Item 506 Temporary Erosion, Sedimentation, ,Texas artment and Environmental Controls of�nsportation 1. DESCRIPTION Install,maintain,and remove erosion,sedimentation,and environmental control measures to prevent or reduce the discharge of pollutants in accordance with the Storm Water Pollution Prevention Plan(SWP3)on the plans and the Texas Pollutant Discharge Elimination System(TPDES)General Permit TXR150000. Control measures are defined as Best Management Practices used to prevent or reduce the discharge of pollutants.Control measures include,but are not limited to,rock filter dams,temporary pipe slope drains, temporary paved flumes,construction exits,earthwork for erosion control,pipe,construction perimeter fence, sandbags,temporary sediment control fence,biodegradable erosion control logs,vertical tracking,temporary or permanent seeding,and other measures.Erosion and sediment control devices must be selected from the Erosion Control Approved Products or Sediment Control Approved Products lists.Perform work in a manner to prevent degradation of receiving waters,facilitate project construction,and comply with applicable federal, state,and local regulations.Ensure the installation and maintenance of control measures is performed in accordance with the manufacturer's or designer's specifications. Provide the Contractor Certification of Compliance before performing SWP3 or soil disturbing activities.By signing the Contractor Certification of Compliance,the Contractor certifies they have read and understand the requirements applicable to this project pertaining to the SWP3,the plans,and the TPDES General Permit TXR150000.The Contractor is responsible for any penalties associated with non-performance of installation or maintenance activities required for compliance.Ensure the most current version of the certificate is executed for this project. 2. MATERIALS Furnish materials in accordance with the following: • Item 161,"Compost," • Item 432,"Riprap,"and • Item 556,"Pipe Underdrains." 2.1. Rock Filter Dams. 2.1.1. Aggregate.Furnish aggregate with approved hardness,durability,cleanliness,and resistance to crumbling, flaking,and eroding.Provide the following: • Types 1,2,and 4 Rock Filter Dams.Use 3 to 6 in.aggregate. • Type 3 Rock Filter Dams.Use 4 to 8 in.aggregate. 2.1.2. Wire.Provide minimum 20 gauge galvanized wire for the steel wire mesh and tie wires for Types 2 and 3 rock filter dams.Type 4 dams require: • a double-twisted,hexagonal weave with a nominal mesh opening of 2-1/2 x 3-1/4 in.; • minimum 0.0866 in.steel wire for netting; • minimum 0.1063 in.steel wire for selvages and corners;and • minimum 0.0866 in.for binding or tie wire. 2.1.3. Sandbag Material.Furnish sandbags meeting Section 506.2.8.,"Sandbags,"except that any gradation of aggregate may be used to fill the sandbags. 707 289 506 2.2. Temporary Pipe Slope Drains.Provide corrugated metal pipe,polyvinyl chloride(PVC)pipe,flexible tubing, watertight connection bands,grommet materials,prefabricated fittings,and flared entrance sections that conform to the plans.Recycled and other materials meeting these requirements are allowed if approved. Furnish concrete in accordance with Item 432,"Riprap." 2.3. Temporary Paved Flumes.Furnish asphalt concrete,hydraulic cement concrete,or other comparable non-erodible material that conforms to the plans.Provide rock or rubble with a minimum diameter of 6 in.and a maximum volume of 1/2 cu.ft.for the construction of energy dissipaters. 2.4. Construction Exits.Provide materials that meet the details shown on the plans and this Section. 2.4.1. Rock Construction Exit.Provide crushed aggregate for long-and short-term construction exits.Furnish aggregates that are clean,hard,durable,and free from adherent coatings such as salt,alkali,dirt,clay,loam, shale,soft or flaky materials,and organic and injurious matter.Use 4-to 8-in.aggregate for Type 1.Use 2-to 4-in.aggregate for Type 3. 2.4.2. Timber Construction Exit.Furnish No.2 quality or better railroad ties and timbers for long-term construction exits,free of large and loose knots and treated to control rot.Fasten timbers with nuts and bolts or lag bolts, of at least 1/2 in.diameter,unless otherwise shown on the plans or allowed.Provide plywood or pressed wafer board at least 1/2 in.thick for short-term exits. 2.4.3. Foundation Course.Provide a foundation course consisting of flexible base, bituminous concrete,hydraulic cement concrete,or other materials as shown on the plans or directed. 2.5. Embankment for Erosion Control.Provide rock,loam,clay,topsoil,or other earth materials that will form a stable embankment to meet the intended use. 2.6. Pipe.Provide pipe outlet material in accordance with Item 556,'Pipe Underdrains,"and details shown on the plans. 2.7. Construction Perimeter Fence. 2.7.1. Posts.Provide essentially straight wood or steel posts that are at least 60 in.long.Furnish soft wood posts with a minimum diameter of 3 in.,or use nominal 2 x 4 in.boards.Furnish hardwood posts with a minimum cross-section of 1-1/2 x 1-1/5 in.Furnish T-or L-shaped steel posts with a minimum weight of 1.25 lb.per foot. 2.7.2. Fence.Provide orange construction fencing as approved. 2.7.3. Fence Wire.Provide 14 gauge or larger galvanized smooth or twisted wire.Provide 16 gauge or larger tie wire. 2.7.4. Flagging.Provide brightly-colored flagging that is fade-resistant and at least 3/4 in.wide to provide maximum visibility both day and night. 2.7.5. Staples.Provide staples with a crown at least 1/2 in.wide and legs at least 1/2 in.long. 2.7.6. Used Materials.Previously used materials meeting the applicable requirements may-be used if approved. 2.8. Sandbags.Provide sandbag material of polypropylene,polyethylene,or polyamide woven fabric with a minimum unit weight of 4 oz.per square yard,a Mullen burst-strength exceeding 300 psi,and an ultraviolet stability exceeding 70%. Use natural coarse sand or manufactured sand meeting the gradation given in Table 1 to fill sandbags.Filled sandbags must be 24 to 30 in.long,16 to 18 in.wide,and 6 to 8 in.thick. 708 290 506 Table 1 Sand Gradation Sieve Size Retained(%by Weight) #4 Maximum 3% #100 Minimum 80% #200 Minimum 95% Aggregate may be used instead of sand for situations where sandbags are not adjacent to traffic.The aggregate size must not exceed 3/8 in. 2.9. Temporary Sediment Control Fence.Provide a net-reinforced fence using woven geo-textile fabric.Logos visible to the traveling public will not be allowed. 2.9.1. Fabric.Provide fabric materials in accordance with DMS-6230,"Temporary Sediment Control Fence Fabric." 2.9.2. Posts.Provide essentially straight wood or steel posts with a minimum length of 48 in.,unless otherwise shown on the plans. Furnish soft wood posts at least 3 in.in diameter,or use nominal 2 x 4 in.boards. Furnish hardwood posts with a minimum cross-section of 1-1/2 x 1-1/2 in.Furnish T-or L-shaped steel posts with a minimum weight of 1.25 lb.per foot. 2.9.3. Net Reinforcement.Provide net reinforcement of at least 12.5 gauge(SWG)galvanized welded wire mesh, with a maximum opening size of 2 x 4 in.,at least 24 in.wide,unless otherwise shown on the plans. 2.9.4. Staples.Provide staples with a crown at least 3/4 in.wide and legs 1/2 in.long. 2.9.5. Used Materials.Use recycled material meeting the applicable requirements if approved. 2.10. Biodegradable Erosion Control Logs. 2.10.1. Core Material.Furnish core material that is biodegradable or recyclable.Use compost,mulch,aspen excelsior wood fibers,chipped site vegetation,agricultural rice or wheat straw,coconut fiber, 100%a recyclable fibers,or any other acceptable material unless specifically called out on the plans. Permit no more than 5%of the material to escape from the containment mesh.Furnish compost meeting the requirements of Item 161,"Compost." 2.10.2. Containment Mesh.Furnish containment mesh that is 100%biodegradable,photodegradable,or recyclable such as burlap,twine, UV photodegradable plastic,polyester,or any other acceptable material. Furnish biodegradable or photodegradable containment mesh when log will remain in place as part of a vegetative system. Furnish recyclable containment mesh for temporary installations. 2.10.3. Size.Furnish biodegradable erosion control logs with diameters shown on the plans or as directed.Stuff containment mesh densely so logs do not deform. 3. QUALIFICATIONS,TRAINING,AND EMPLOYEE REQUIREMENTS 3.1. Contractor Responsible Person Environmental(CRPE)Qualifications and Responsibilities.Provide and designate in writing at the preconstruction conference a CRPE and alternate CRPE who have overall responsibility for the storm water management program.The CRPE will implement storm water and erosion control practices;will oversee and observe storm water control measure monitoring and management;will monitor the project site daily and produce daily monitoring reports as long as there are BMPs in place or soil disturbing activities are evident to ensure compliance with the SWP3 and TPDES General Permit TXR150000.During time suspensions when work is not occurring or on contract non-work days,daily inspections are not required unless a rain event has occurred.The CRPE will provide recommendations on 709 291 506 how to improve the effectiveness of control measures.Attend the Department's preconstruction conference for the project.Ensure training is completed as identified in Section 506.3.3.,"Training,"by all applicable personnel before employees work on the project. Document and submit a list,signed by the CRPE,of all applicable Contractor and subcontractor employees who have completed the training.Include the employee's name,the training course name,and date the employee completed the training.Provide the most current list at the preconstruction conference or before SWP3 or soil disturbing activities.Update the list as needed and provide the updated list when updated. 3.2. Contractor Superintendent Qualifications and Responsibilities.Provide a superintendent that is competent,has experience with and knowledge of storm water management,and is knowledgeable of the requirements and the conditions of the TPDES General Permit TXR150000.The superintendent will manage and oversee the day to day operations and activities at the project site;work with the CRPE to provide effective storm water management at the project site;represent and act on behalf of the Contractor;and attend the Department's preconstruction conference for the project. 3.3. Training.All Contractor and subcontractor employees involved in soil disturbing activities,small or large structures,storm water control measures,and seeding activities must complete training as prescribed by the Department. 4. CONSTRUCTION 4.1. Contractor Responsibilities. Implement the SWP3 for the project site in accordance with the plans and specifications,TPDES General Permit TXR150000,and as directed.Coordinate storm water management with all other work on the project.Develop and implement an SWP3 for project-specific material supply plants within and outside of the Department's right of way in accordance with the specific or general storm water permit requirements.Prevent water pollution from storm water associated with construction activity from entering any surface water or private property on or adjacent to the project site. 4.2. Implementation.The CRPE,or alternate CRPE,must be accessible by phone and able to respond to project-related storm water management or other environmental emergencies 24 hr.per day. 4.2.1. Commencement.Implement the SWP3 as shown and as directed.Contractor-proposed recommendations for changes will be allowed as approved.Conform to the established guidelines in the TPDES General Permit TXR150000 to make changes.Do not implement changes until approval has been received and changes have been incorporated into the plans.Minor adjustments to meet field conditions are allowed and will be recorded in the SWP3. 4.2.2. Phasing. Implement control measures before the commencement of activities that result in soil disturbance. Phase and minimize the soil disturbance to the areas shown on the plans.Coordinate temporary control measures with permanent control measures and all other work activities on the project to assure economical, effective,safe,and continuous water pollution prevention.Provide control measures that are appropriate to the construction means,methods,and sequencing allowed by the Contract.Exercise precaution throughout the life of the project to prevent pollution of ground waters and surface waters.Schedule and perform clearing and grubbing operations so that stabilization measures will follow immediately thereafter if project conditions permit.Bring all grading sections to final grade as soon as possible and implement temporary and permanent control measures at the earliest time possible. Implement temporary control measures when required by the TPDES General Permit TXR150000 or otherwise necessitated by project conditions. Do not prolong final grading and shaping.Preserve vegetation where possible throughout the project,and minimize clearing,grubbing,and excavation within stream banks,bed,and approach sections. 4.3. General. 4.3.1. Temporary Alterations or Control Measure Removal.Altering or removal of control measures is allowed when control measures are restored within the same working day. 710 292 506 4.3.2. Stabilization. Initiate stabilization for disturbed areas no more than 14 days after the construction activities in that portion of the site have temporarily or permanently ceased.Establish a uniform vegetative cover or use another stabilization practice in accordance with the TPDES General Permit TXR150000. 4.3.3. Finished Work.Remove and dispose of all temporary control measures upon acceptance of vegetative cover or other stabilization practice unless otherwise directed.Complete soil disturbing activities and establish a uniform perennial vegetative cover.A project will not be considered for acceptance until a vegetative cover of 70%density of existing adjacent undisturbed areas is obtained or equivalent permanent stabilization is obtained in accordance with the TPDES General Permit TXR150000.An exception will be allowed in arid areas as defined in the TPDES General Permit TXR150000. 4.3.4. Restricted Activities and Required Precautions.Do not discharge onto the ground or surface waters any pollutants such as chemicals,raw sewage,fuels,lubricants,coolants,hydraulic fluids,bitumens,or any other petroleum product.Operate and maintain equipment on-site to prevent actual or potential water pollution. Manage,control,and dispose of litter on-site such that no adverse impacts to water quality occur.Prevent dust from creating a potential or actual unsafe condition,public nuisance,or condition endangering the value, utility,or appearance of any property.Wash out concrete trucks only as described in the TPDES General Permit TXR150000.Use appropriate controls to minimize the offsite transport of suspended sediments and other pollutants if it is necessary to pump or channel standing water(i.e.,dewatering).Prevent discharges that would contribute to a violation of Edwards Aquifer Rules,water quality standards,the impairment of a listed water body,or other state or federal law. 4.4. Installation,Maintenance,and Removal Work.Perform work in accordance with the SWP3,according to manufacturers'guidelines,and in accordance with the TPDES General Permit TXR150000. Install and maintain the integrity of temporary erosion and sedimentation control devices to accumulate silt and debris until soil disturbing activities are completed and permanent erosion control features are in place or the disturbed area has been adequately stabilized as approved. The Department will inspect and document the condition of the control measures at the frequency shown on the plans and will provide the Construction SWP3 Field Inspection and Maintenance Reports to the Contractor.Make corrections as soon as possible before the next anticipated rain event or within 7 calendar days after being able to enter the worksite for each control measure.The only acceptable reason for not accomplishing the corrections with the time frame specified is when site conditions are"Too Wet to Work." Take immediate action if a correction is deemed critical as directed.When corrections are not made within the established time frame,all work will cease on the project and time charges will continue while the control measures are brought into compliance.Commence work once the Engineer reviews and documents the project is in compliance.Commencing work does not release the Contractor of the liability for noncompliance of the SWP3,plans,or TPDES General Permit TXR150000. The Engineer may limit the disturbed area if the Contractor cannot control soil erosion and sedimentation resulting from the Contractor's operations. Implement additional controls as directed. Remove devices upon approval or as directed.Finish-grade and dress the area upon removal.Stabilize disturbed areas in accordance with the permit,and as shown on the plans or directed.Materials removed are considered consumed by the project.Retain ownership of stockpiled material and remove it from the project when new installations or replacements are no longer required. 4.4.1. Rock Filter Dams for Erosion Control.Remove trees,brush,stumps,and other objectionable material that may interfere with the construction of rock filter dams.Place sandbags as a foundation when required or at the Contractor's option. Place the aggregate to the lines, height,and slopes specified,without undue voids for Types 1,2,3,and 5. Place the aggregate on the mesh and then fold the mesh at the upstream side over the aggregate and secure it to itself on the downstream side with wire ties,or hog rings for Types 2 and 3,or as directed.Place rock filter dams perpendicular to the flow of the stream or channel unless otherwise directed.Construct filter dams according to the following criteria unless otherwise shown on the plans: 711 293 506 4.4.1.1. Type 1 (Non-Reinforced). • Height.At least 18 in.measured vertically from existing ground to top of filter dam. • Top Width.At least 2 ft. • Slopes.No steeper than 2:1. 4.4.1.2. Type 2(Reinforced). • Height.At least 18 in.measured vertically from existing ground to top of filter dam. • • Top Width.At least 2 ft. • Slopes.No steeper than 2:1. 4.4.1.3. Type 3(Reinforced). • -Height.At least 36 in.measured vertically from existing ground to top of filter dam. • Top Width.At least 2 ft. • Slopes.No steeper than 2:1. 4.4.1.4. Type 4(Sack Gabions).Unfold sack gabions and smooth out kinks and bends.Connect the sides by lacing in a single loop-double loop pattern on 4-to 5-in.spacing for vertical filling.Pull the end lacing rod at one end until tight,wrap around the end,and twist 4 times.Fill with stone at the filling end,pull the rod tight,cut the wire with approximately 6 in.remaining,and twist wires 4 times. Place the sack flat in a filling trough,fill with stone,connect sides,and secure ends as described above for horizontal filling. Lift and place without damaging the gabion.Shape sack gabions to existing contours. 4.4.1.5. Type 5.Provide rock filter dams as shown on the plans. 4.4.2. Temporary Pipe Slope Drains. Install pipe with a slope as shown on the plans or as directed.Construct embankment for the drainage system in 8-in.lifts to the required elevations.Hand-tamp the soil around and under the entrance section to the top of the embankment as shown on the plans or as directed.Form the top of the embankment or earth dike over the pipe slope drain at least 1 ft.higher than the top of the inlet pipe at all points.Secure the pipe with hold-downs or hold-down grommets spaced a maximum of 10 ft.on center. Construct the energy dissipaters or sediment traps as shown on the plans or as directed.Construct the sediment trap using concrete or rubble riprap in accordance with Item 432,"Riprap,"when designated on the plans. 4.4.3. Temporary Paved Flumes.Construct paved flumes as shown on the plans or as directed.Provide excavation and embankment(including compaction of the subgrade)of material to the dimensions shown on the plans unless otherwise indicated. Install a rock or rubble riprap energy dissipater,constructed from the materials specified above,to a minimum depth of 9 in.at the flume outlet to the limits shown on the plans or as directed. 4.4.4. Construction Exits.Prevent traffic from crossing or exiting the construction site or moving directly onto a public roadway,alley,sidewalk,parking area,or other right of way areas other than at the location of construction exits when tracking conditions exist.Construct exits for either long-or short-term use. 4.4.4.1. Long-Term.Place the exit over a foundation course as required.Grade the foundation course or compacted subgrade to direct runoff from the construction exits to a sediment trap as shown on the plans or as directed. Construct exits with a width of at least 14 ft.for one-way and 20 ft.for two-way traffic for the full width of the exit,or as directed. 4.4.4.1.1. Type 1.Construct to a depth of at least 8 in.using crushed aggregate as shown on the plans or as directed. 4.4.4.1.2. Type 2.Construct using railroad ties and timbers as shown on the plans or as directed. 712 294. 506 4.4.4.2. Short-Term. 4.4.4.2.1. Type 3.Construct using crushed aggregate,plywood,or wafer board.This type of exit may be used for daily operations where long-term exits are not practical. 4.4.4.2.2. Type 4.Construct as shown on the plans or as directed. 4.4.5. Earthwork for Erosion Control.Perform excavation and embankment operations to minimize erosion and to remove collected sediments from other erosion control devices. 4.4.5.1. Excavation and Embankment for Erosion Control Features.Place earth dikes,swales,or combinations 1 of both along the low crown of daily lift placement,or as directed,to prevent runoff spillover.Place swales and dikes at other locations as shown on the plans or as directed to prevent runoff spillover or to divert runoff.Construct cuts with the low end blocked with undisturbed earth to prevent erosion of hillsides. Construct sediment traps at drainage structures in conjunction with other erosion control measures as shown on the plans or as directed. Create a sediment basin,where required,providing 3,600 cu.ft.of storage per acre drained,or equivalent control measures for drainage locations that serve an area with 10 or more disturbed acres at one time,not including offsite areas. 4.4.5.2. Excavation of Sediment and Debris.Remove sediment and debris when accumulation affects the performance of the devices,after a rain,and when directed. 4.4.6. Construction Perimeter Fence.Construct,align,and locate fencing as shown on the plans or as directed. 4.4.6.1. Installation of Posts.Embed posts 18 in.deep or adequately anchor in rock,with a spacing of 8 to 10 ft. 4.4.6.2. Wire Attachment.Attach the top wire to the posts at least 3 ft.from the ground.Attach the lower wire midway between the ground and the top wire. 4.4.6.3. Flag Attachment.Attach flagging to both wire strands midway between each post.Use flagging at least 18 in.long.Tie flagging to the wire using a square knot. 4.4.7. Sandbags for Erosion Control.Construct a berm or dam of sandbags that will intercept sediment-laden storm water runoff from disturbed areas,create a retention pond,detain sediment,and release water in sheet flow.Fill each bag with sand so that at least the top 6 in.of the bag is unfilled to allow for proper tying of the open end.Place the sandbags with their tied ends in the same direction.Offset subsequent rows of sandbags 1/2 the length of the preceding row.Place a single layer of sandbags downstream as a secondary debris trap. Place additional sandbags as necessary or as directed for supplementary support to berms or dams of sandbags or earth. 4.4.8. Temporary Sediment-Control Fence.Provide temporary sediment-control fence near the downstream perimeter of a disturbed area to intercept sediment from sheet flow.Incorporate the fence into erosion-control measures used to control sediment in areas of higher flow.Install the fence as shown on the plans,as specified in this Section,or as directed. 4.4.8.1. Installation of Posts. Embed posts at least 18 in.deep,or adequately anchor,if in rock,with a spacing of 6 to 8 ft.and install on a slight angle toward the runoff source. 4.4.8.2. Fabric Anchoring.Dig trenches along the uphill side of the fence to anchor 6 to 8 in.of fabric.Provide a minimum trench cross-section of 6 x 6 in.Place the fabric against the side of the trench and align approximately 2 in.of fabric along the bottom in the upstream direction.Backfill the trench,then hand-tamp. 4.4.8.3. Fabric and Net Reinforcement Attachment.Attach the reinforcement to wooden posts with staples,or to steel posts with T-clips,in at least 4 places equally spaced unless otherwise shown on the plans.Sewn 713 295 • 506 vertical pockets may be used to attach reinforcement to end posts.Fasten the fabric to the top strand of reinforcement by hog rings or cord every 15 in.or less. 4.4.8.4. Fabric and Net Splices.Locate splices at a fence post with a minimum lap of 6 in.attached in at least 6 places equally spaced unless otherwise shown on the plans. Do not locate splices in concentrated flow areas. Requirements for installation of used temporary sediment-control fence include the following: • fabric with minimal or no visible signs of biodegradation(weak fibers), • fabric without excessive patching(more than 1 patch every 15 to 20 ft.), • posts without bends,and • backing without holes. 4.4.9. Biodegradable Erosion Control Logs.Install biodegradable erosion control logs near the downstream perimeter of a disturbed area to intercept sediment from sheet flow.Incorporate the biodegradable erosion control logs into the erosion measures used to control sediment in areas of higher flow. Install,align,and locate the biodegradable erosion control logs as specified below,as shown on the plans,or as directed. Secure biodegradable erosion control logs in a method adequate to prevent displacement as a result of normal rain events,prevent damage to the logs,and as approved,such that flow is not allowed under the logs.Temporarily removing and replacing biodegradable erosion logs as to facilitate daily work is allowed at the Contractor's expense. 4.4.10. Vertical Tracking.Perform vertical tracking on slopes to temporarily stabilize soil.Provide equipment with a track undercarriage capable of producing a linear soil impression measuring a minimum of 12 in.long x 2 to 4 in.wide x 1/2 to 2 in.deep.Do not exceed 12 in.between track impressions.Install continuous linear track impressions where the 12 in.length impressions are perpendicular to the slope.Vertical tracking is required on projects where soil disturbing activities have occurred unless otherwise approved. 4.5. Monitoring and Documentation.Monitor the control measures on a daily basis as long as there are BMPs in place and/or soil disturbing activities are evident to ensure compliance with the SWP3 and TPDES General Permit TXR150000.During time suspensions when work is not occurring or contract non-work days, daily inspections are not required unless a rain event has occurred.Monitoring will consist of,but is not limited to,observing,inspecting,and documenting site locations with control measures and discharge points to provide maintenance and inspection of controls as described in the SWP3.Keep written records of daily monitoring.Document in the daily monitoring report the control measure condition,the date of inspection, required corrective actions,responsible person for making the corrections,and the date corrective actions were completed.Maintain records of all monitoring reports at the project site or at an approved place. Provide copies within 7 days.Together,the CRPE and an Engineer's representative will complete the Construction Stage Gate Checklist on a periodic basis as directed. 5. MEASUREMENT 5.1. Rock Filter Dams.Installation or removal of rock filter dams will be measured by the foot or by the cubic yard.The measured volume will include sandbags,when used. 5.1.1. Linear Measurement.When rock filter dams are measured by the foot,measurement will be along the centerline of the top of the dam. 5.1.2. Volume Measurement.When rock filter dams are measured by the cubic yard,measurement will be based on the volume of rock computed by the method of average end areas. 5.1.2.1. Installation.Measurement will be made in final position. 5.1.2.2. Removal.Measurement will be made at the point of removal. 714 296 506 5.2. Temporary Pipe Slope Drains.Temporary pipe slope drains will be measured by the foot. 5.3. Temporary Paved Flumes.Temporary paved flumes will be measured by the square yard of surface area. The measured area will include the energy dissipater at the flume outlet. 5.4. Construction Exits.Construction exits will be measured by the square yard of surface area. 5.5. Earthwork for Erosion and Sediment Control. 5.5.1. Equipment and Labor Measurement.Equipment and labor used will be measured by the actual number of hours the equipment is operated and the labor is engaged in the work. 5.5.2. Volume Measurement. 5.5.2.1. In Place. 5.5.2.1.1. Excavation.Excavation will be measured by the cubic yard in its original position and the volume computed by the method of average end areas. 5.5.2.1.2. Embankment.Embankment will be measured by the cubic yard in its final position by the method of average end areas.The volume of embankment will be determined between: • the original ground surfaces or the surface upon that the embankment is to be constructed for the feature and • the lines,grades and slopes of the accepted embankment for the feature. 5.5.2.2. In Vehicles.Excavation and embankment quantities will be combined and paid for under"Earthwork (Erosion and Sediment Control,In Vehicle)."Excavation will be measured by the cubic yard in vehicles at the point of removal.Embankment will be measured by the cubic yard in vehicles measured at the point of delivery.Shrinkage or swelling factors will not be considered in determining the calculated quantities. 5.6. Construction Perimeter Fence.Construction perimeter fence will be measured by the foot. 5.7. Sandbags for Erosion Control.Sandbags will be measured as each sandbag or by the foot along the top of sandbag berms or dams. 5.8. Temporary Sediment-Control Fence.Installation or removal of temporary sediment-control fence will be measured by the foot. 5.9. Biodegradable Erosion Control Logs.Installation or removal of biodegradable erosion control logs will be measured by the foot along the centerline of the top of the control logs. 5.10. Vertical Tracking.Vertical tracking will not be measured or paid for directly but is considered subsidiary to this Item. 6. PAYMENT The following will not be paid for directly but are subsidiary to pertinent Items: • erosion-control measures for Contractor project-specific locations(PSLs)inside and outside the right of way(such as construction and haul roads,field offices,equipment and supply areas,plants,and material sources); • removal of litter,unless a separate pay item is shown on the plans; • repair to devices and features damaged by Contractor operations; • added measures and maintenance needed due to negligence,carelessness,lack of maintenance,and failure to install permanent controls; 715 297 506 ■ removal and reinstallation of devices and features needed for the convenience of the Contractor; • finish grading and dressing upon removal of the device;and • minor adjustments including but not limited to plumbing posts,reattaching fabric,minor grading to maintain slopes on an erosion embankment feature,or moving small numbers of sandbags. Stabilization of disturbed areas will be paid for under pertinent Items except vertical tacking which is subsidiary. Furnishing and installing pipe for outfalls associated with sediment traps and ponds will not be paid for directly but is subsidiary to the excavation and embankment under this Item. 6.1. Rock Filter Dams.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 as follows: 6.1.1. Installation. Installation will be paid for as"Rock Filter Dams(Install)"of the type specified.This price is full compensation for furnishing and operating equipment,finish backfill and grading,lacing,proper disposal, labor,materials,tools,and incidentals. • 6.1.2. Removal.Removal will be paid for as"Rock Filter Dams(Remove)."This price is full compensation for furnishing and operating equipment,proper disposal,labor,materials,tools,and incidentals. When the Engineer directs that the rock filter dam installation or portions thereof be replaced,payment will be made at the unit price bid for"Rock Filter Dams(Remove)"and for"Rock Filter Dams(Install)"of the type specified.This price is full compensation for furnishing and operating equipment,finish backfill and grading, lacing,proper disposal,labor,materials,tools,and incidentals. 6.2. Temporary Pipe Slope Drains.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"Temporary Pipe Slope Drains"of the size specified.This price is full compensation for furnishing materials,removal and disposal,furnishing and operating equipment,labor,tools,and incidentals. Removal of temporary pipe slope drains will not be paid for directly but is subsidiary to the installation Item. When the Engineer directs that the pipe slope drain installation or portions thereof be replaced,payment will be made at the unit price bid for"Temporary Pipe Slope Drains"of the size specified,which is full compensation for the removal and reinstallation of the pipe drain. Earthwork required for the pipe slope drain installation,including construction of the sediment trap,will be measured and paid for under"Earthwork for Erosion and Sediment Control." Riprap concrete or stone,when used as an energy dissipater or as a stabilized sediment trap,will be measured and paid for in accordance with Item 432,"Riprap." 6.3. Temporary Paved Flumes.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`Temporary Paved Flume (Install)"or"Temporary Paved Flume(Remove)."This price is full compensation for furnishing and placing materials,removal and disposal,equipment,labor,tools,and incidentals. When the Engineer directs that the paved flume installation or portions thereof be replaced,payment will be made at the unit prices bid for"Temporary Paved Flume(Remove)"and"Temporary Paved Flume(Install)." These prices are full compensation for the removal and replacement of the paved flume and for equipment, labor,tools,and incidentals. Earthwork required for the paved flume installation,including construction of a sediment trap,will be measured and paid for under"Earthwork for Erosion and Sediment Control." 716 298 506 6.4. Construction Exits.Contractor-required construction exits from off right of way locations or on-right of way PSLs will not be paid for directly but are subsidiary to pertinent Items. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"for construction exits needed on right of way access to work areas required by the Department will be paid for at the unit price bid for"Construction Exits(Install)"of the type specified or "Construction Exits(Remove)."This price is full compensation for furnishing and placing materials, excavating,removal and disposal,cleaning vehicles,labor,tools,and incidentals. When the Engineer directs that a construction exit or portion thereof be removed and replaced,payment will be made at the unit prices bid for"Construction Exit(Remove)"and"Construction Exit(Install)"of the type specified.These prices are full compensation for the removal and replacement of the construction exit and for equipment,labor,tools,and incidentals. Construction of sediment traps used in conjunction with the construction exit will be measured and paid for under"Earthwork for Erosion and Sediment Control." 6.5. Earthwork for Erosion and Sediment Control. 6.5.1. Initial Earthwork for Erosion and Sediment Control.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"Excavation(Erosion and Sediment Control, In Place),""Embankment(Erosion and Sediment Control, In Place),""Excavation(Erosion and Sediment Control, In Vehicle),""Embankment(Erosion and Sediment Control,(In Vehicle),"or"Earthwork(Erosion and Sediment Control, In Vehicle)." This price is full compensation for excavation and embankment including hauling,disposal of material not used elsewhere on the project;embankments including furnishing material from approved sources and construction of erosion-control features;and equipment,labor,tools,and incidentals. Sprinkling and rolling required by this Item will not be paid for directly but will be subsidiary to this Item. 6.5.2. Maintenance Earthwork for Erosion and Sediment Control for Cleaning and Restoring Control Measures.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid under a Contractor Force Account Item from invoice provided to the Engineer. This price is full compensation for excavation,embankment,and re-grading including removal of accumulated sediment in various erosion control installations as directed,hauling,and disposal of material not used elsewhere on the project;excavation for construction of erosion-control features;embankments including furnishing material from approved sources and construction of erosion-control features;and equipment,labor,tools,and incidentals. Earthwork needed to remove and obliterate erosion-control features will not be paid for directly but is subsidiary to pertinent Items unless otherwise shown on the plans. Sprinkling and rolling required by this Item will not be paid for directly but will be subsidiary to this Item. 6.6. Construction Perimeter Fence.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"Construction Perimeter Fence."This price is full compensation for furnishing and placing the fence;digging,fence posts, wire,and flagging;removal and disposal;and materials,equipment, labor,tools,and incidentals. Removal of construction perimeter fence will be not be paid for directly but is subsidiary to the installation Item.When the Engineer directs that the perimeter fence installation or portions thereof be removed and replaced,payment will be made at the unit price bid for"Construction Perimeter Fence,"which is full compensation for the removal and reinstallation of the construction perimeter fence. 717 299 506 6.7. Sandbags for Erosion Control.Sandbags will be paid for at the unit price bid for"Sandbags for Erosion Control"(of the height specified when measurement is by the foot).This price is full compensation for materials,placing sandbags,removal and disposal,equipment,labor,tools,and incidentals. Removal of sandbags will not be paid for directly but is subsidiary to the installation Item.When the Engineer directs that the sandbag installation or portions thereof be replaced,payment will be made at the unit price bid for"Sandbags for Erosion Control,"which is full compensation for the reinstallation of the sandbags. 6.8. Temporary Sediment-Control Fence.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 as follows: 6.8.1. Installation.Installation will be paid for as"Temporary Sediment-Control Fence(Install)."This price is full compensation for furnishing and operating equipment finish backfill and grading,lacing,proper disposal, labor,materials,tools,and incidentals. 6.8.2. Removal.Removal will be paid for as"Temporary Sediment-Control Fence(Remove)."This price is full compensation for furnishing and operating equipment,proper disposal,labor,materials,tools,and incidentals. 6.9. Biodegradable Erosion Control Logs.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 as follows: I 6.9.1. Installation.Installation will be paid for as"Biodegradable Erosion Control Logs(Install)"of the size specified.This price is full compensation for furnishing and operating equipment finish backfill and grading, staking,proper disposal,labor,materials,tools,and incidentals. 6.9.2. Removal.Removal will be paid for as"Biodegradable Erosion Control Logs(Remove)."This price is full compensation for furnishing and operating equipment,proper disposal,labor,materials,tools,and incidentals. 6.10. Vertical Tracking.Vertical tracking will not be measured or paid for directly but is considered subsidiary to this Item. 718 300 528 Item 528 ° Colored Textured Concrete and Landscape PaversTexas Department o(Transportation 1. DESCRIPTION 1.1. Colored Textured Concrete.Furnish and place colored textured concrete. 1.2. Landscape Pavers.Furnish and install landscape pavers. 1.3. Landscape Pavers(Furnished).Landscape pavers will be furnished by the Department.Load and transport from the location shown on the plans to the project,and install. 1.4. Remove,Store,and Relay Landscape Pavers.Remove,store,and relay landscape pavers as shown on the plans or as directed.Furnish and lay replacement pavers. 2. MATERIALS 2.1. Colored Textured Concrete.Furnish materials in accordance with the following: ■ Item 420,"Concrete Substructures" • Item 421,"Hydraulic Cement Concrete" • Item 440,"Reinforcement for Concrete" Use Class A concrete unless otherwise shown on the plans. When approved,use fibers listed on the Department's MPL or fibers meeting the requirements of DMS-4550, "Fibers for Concrete,"to replace reinforcing steel in Class A concrete. Use approved dry-shake color hardener or integral concrete colorant shown on the plans.Provide colored wax as a curing membrane meeting the requirements of ASTM C309 or as shown on the plans. 2.2. Landscape Pavers.Furnish materials in accordance with the details shown on the plans and the following: • Item 132,"Embankment" ■ Item 247,"Flexible Base" • Item 275,"Cement Treatment(Road-Mixed)" • Item 401,"Flowable Backfill" • Item 421,"Hydraulic Cement Concrete" 2.2.1. Pavers.Furnish pavers meeting the requirements of ASTM C936;made using normal-weight aggregates conforming to ASTM C33;and conforming to the shape,color,laying pattern,and dimensions shown on the plans.Furnish certification from the manufacturer stating that the interlocking paving units have been tested and meet all the requirements of ASTM C936.Furnish additional paving units when required for testing by the Department. 2.2.2. Bedding Sand. Furnish fine aggregate as specified in Item 421,"Hydraulic Cement Concrete,"with the gradation given in Table 1. Table 1 Bedding Sand Gradation Sieve Size Percent Passing 3/8" 100 #4 85-100 #100 10-30 729 301 528 Spread the sand at a uniform moisture content of 3%to 7%.Protect the sand against rain if it is stockpiled on-site before spreading. 2.2.3. Joint-Filling Sand.Meet the requirements for bedding sand,except with the gradation given in Table 2. Table 2 Joint-Filling Sand Gradation Sieve Size Percent Passing #4 100 #8 90-100 #16 60-100 #30 25-70 #50 10-30 #100 2-15 #200 Less than 10 3. CONSTRUCTION 3.1. Colored Textured Concrete.Prepare for approval a 9-sq.ft.,3-in.thick specimen for each color,pattern, and texture required before beginning work. Prepare the subgrade,base,or both in accordance with the plans and pertinent Items.Place and screed concrete to the proper grade and wood-float to a uniform surface,in accordance with Item 420,"Concrete Substructures." Apply colorant in accordance with the manufacturer's recommendations.Apply dry-shake color hardener,if used,evenly to the plastic surface,following the manufacturer's directions.Use at least 65 lb.per 12 square yard.Apply in 2 separate applications and wood-float after each application.Trowel only after the final floating. Place dies with a repetitive pattern on the concrete surface and hand-tamp to create the required texture or imprint shown on the plans.Use a brick pattern if no texture is specified.Apply colored curing and finishing compound in accordance with the manufacturer's directions. 3.2. Landscape Pavers. 3.2.1. Removing and Relaying Existing Pavers.Exercise care when removing existing pavers,making an effort to remove the pavers with minimal damage.Removal by mechanical means is allowed unless otherwise shown on the plans. Ensure that any removed pavers remain in good,reusable condition.Dispose of stained or damaged pavers.Palletize reusable pavers and completely wrap the pavers and pallets with plastic to protect during storage.Safeguard the pavers from theft and/or vandalism while the Contract is in progress. Deliver salvageable excess pavers to a stockpile location on the project unless otherwise shown on the plans.Dispose of unsalvageable pavers in accordance with federal,state,and local regulations.Replace any pavers deemed unusable with new materials as necessary and as directed.Remove paver units damaged during compaction and replace with pavers of equivalent size,shape,and color. 3.2.2. Base Installation.Perform excavation and embankment work for the subgrade.Replace unsuitable material encountered in the subgrade and compact to a uniform grade.Stabilize subgrade if specified.Place and compact the base to ordinary compaction requirements in accordance with the pertinent Item,and to the depth specified on the plans.Grade the base surface so that the finished grade of the pavers meets the requirements shown on the plans. 3.2.3. Bedding Sand Installation.Screed a layer of uncompacted sand to a depth of 1 to 1-1/2 in.over the compacted base.Do not use bedding sand for leveling. Maintain the spread sand in a loose condition and protect against precompaction before and after screeding. Protect screeded sand against accidental precompaction,including compaction by rain or dew.Loosen precompacted sand or screeded sand in advance of the laying face only to an extent to which paving will be 730 302 528 completed that day.Lightly screed the sand in a loose condition to the predetermined depth slightly ahead of — laying the paving units. 3.2.4. Paver Installation.Place paving units on an uncompacted,screeded sand bed to the required laying pattern shown on the plans.Align all joints and provide nominal 1/8-in.gaps between adjacent units. Place the first row to abut an edge restraint with a gap of 1/8 in.Place at a suitable angle to the edge restraint to achieve the required visual orientation of paving units in the completed pavement.Lay full-size units in each row first,followed by closure units consisting of at least 25%of a full unit.Cut units using a power saw.To fill smaller edge spaces,use a grout mix matching the color of the pavers that consists of 1 part hydraulic cement to 2 parts concrete sand.Use cement and sand that meet Item 421,"Hydraulic Cement Concrete." Do not allow construction traffic on pavers during installation and compaction. 3.2.5. Paver Compaction.Provide a high-frequency,low-amplitude mechanical flat plate vibrator compactor with a plate area large enough to cover at least 12 paving units and that can deliver a 3,500-to 5,000-lb.centrifugal compaction force.Compact paving units immediately after placement to achieve consolidation of the sand bedding before any traffic is allowed.Bring to design levels and profiles by at least 2 passes of the plate compactor. Do not compact within 3 ft.of the laying face.Continue compaction until lipping has been eliminated between the adjoining units.Compact all work to within 3 ft.of the laying face at the completion of each work day. Spread joint-filling sand as soon as practical after compaction but in all cases before the termination of each work day,before acceptance of the day's work,and before permitting construction traffic.Allow joint-filling sand to dry,and then sweep to fill the joints.Compact the pavers and joint-filling sand with a single pass of the compactor. 4. MEASUREMENT This Item will be measured by the square yard.Removed pavers to be relayed,salvaged,or disposed of will be measured by the square yard in their original position.Replacement pavers will be measured by the square yard in the final position of replacement pavers. 5. PAYMENT Excavation and embankment will not be paid for directly but will be subsidiary to this Item unless otherwise shown on the plans. 5.1. Colored Textured Concrete.The work performed and measured as provided under"Measurement"will be paid for at the unit price bid for"Colored Textured Concrete"of the thickness specified.This price is full compensation for surface preparation of subgrade and base;furnishing,placing,finishing,and curing colored,textured concrete;and equipment,labor,materials,tools,and incidentals. Preparation of approval specimens will not be paid for directly but will be considered subsidiary to this Item. Base under colored textured concrete will be paid for under pertinent Items unless otherwise shown on the plans. 5.2. Landscape Pavers.The work performed and measured as provided under"Measurement"will be paid for at the unit price bid for"Landscape Pavers."This price is full compensation for furnishing,placing,and compacting pavers;bedding and joint-filling sand;and equipment,labor,materials,tools,and incidentals. Paver units damaged during compaction will be replaced at the Contractor's expense.Base required for landscape pavers will not be paid for directly but will be subsidiary to this Item. 731 303 528 5.3. Landscape Pavers(Furnished).The work performed and measured as provided under"Measurement"will be paid for at the unit price bid for"Landscape Pavers(Furnished)."This price is full compensation for loading and transporting,placing,and compacting pavers;bedding and joint-filling sand;and equipment, labor,materials,tools,and incidentals.Paver units damaged during loading,transport,or compaction will be replaced at the Contractor's expense.Base required for landscape pavers will not be paid for directly but will be subsidiary to this Item. 5.4. Removing and Relaying Existing Pavers.The work performed and measured as provided under "Measurement"will be paid for at the unit price bid for in accordance with"Remove and Relay Pavers"and "Replacement Pavers."Base required for landscape pavers will not be paid for directly but will be subsidiary to this Item.Paver units damaged during removal,loading,transport,or compaction will be replaced at the Contractor's expense. 5.4.1. Remove and Relay Pavers.Removing and relaying pavers will be paid for at the unit price for"Remove and Relay Landscape Pavers."This price is full compensation for removing and storing pavers;placing and compacting salvaged pavers;preparing bedding;bedding and joint-filling sand;stockpiling salvaged pavers; disposing of pavers;and equipment,labor,materials,tools,and incidentals. 5.4.2. Replacement Pavers.Furnishing and placement of replacement pavers will be paid for at the unit price bid for"Replacement Pavers."This price is full compensation for furnishing replacement pavers;placing and compacting pavers;preparing bedding; bedding and joint-filling sand;and equipment,labor,materials,tools, and incidentals. 732 304 1002 Special Specification 1002 _ Texas Landscape Amenity ,ransporta of Transportation 1. DESCRIPTION Install landscape amenity as shown on the plans or as directed. 2. MATERIALS Furnish materials and use construction methods in accordance with the plans. 3. CONSTRUCTION Use construction methods in accordance with the plans. 4. MEASUREMENT This Item will be measured by the each. 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"Landscape Amenity"or"Landscape Amenity"of type specified. This price is full compensation for furnishing all materials,equipment,labor,and incidentals. 1 -1 01-15 Statewide 305 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION SITE PREPARATION SECTION 02200 S SITE PREPARATION The following supplement modifies specification Section 02200—Site Preparation Standard Specification. Where a portion of the Specification is modified or deleted by this Supplementary Specification, the unaltered portions of the Specification shall remain in effect. The text in BOLD shall be added. The text shown with a STRIKE THROUGH shall be removed. 3.0 EXECUTION 3.01 CLEARING AND GRUBBING C Completely remove stumps,roots, and other debris protruding through ground surface. 4. Any exposed roots are to be cut cleanly to a depth of 2"below ground surface.No pulling or breaking. 3.02 TOPSOIL STRIPPING AND STOCKPILING B Excavate topsoil for esplanades and areas to receive grass or landscaping from areas to be further excavated and areas that will receive greater than 4 inches of fill, as per the plans. END OF SUPPLEMENTAL 03/2017 02200S-1 306 SHADOW CREEK BIKE AND PEDESTRIAN TRAIL— SPECIAL SPECIFICATION SOIL TREATMENT SECTION 02916 SOIL TREATMENT 1.0 GENERAL 1.1 SUMMARY A. Related Sections: 1. Planting-Section 02931 2. Exterior Landscape Maintenance-Section 02940 3. Hydromulching-Section 02921 4. Sodding-Section 02922 1.2 SCOPE A. Work included:Include the following work in addition to items normally part of this Section 1. Provide Soil Treatment in designated planting and areas to successfully complete the Work as specified. 2. This section specifies the requirements for providing and applying Liquid Biological Amendments (LBA), including Liquid Compost Extract (LCE) and related bio- stimulants to various types of soils and plants found on this Project to include Bio- Augmentation: the adding of life/soil biology to the soil and Bio-Stimulation: the feeding of that biology in the form they can ingest: SGTX Seed Power, mycorrhizal fungi and other nutrients added to seed via hydromulch or below sod prior to sod installed; SGTX Tree Injections, mycorrhizal fungi and other nutrients added to roots of trees after planting. B. The work of this Section includes coordination with the Work specified in other Sections. 1.3 QUALITY ASSURANCE A. Regulatory Requirements: Formulate and apply materials in conformance with applicable codes and regulations. B. Provide products of acceptable manufacturers,which have been in satisfactory use in similar service for five(5)years.Use experienced applicator. C. Deliver,handle,and store materials in accordance with manufacturer's instructions. D. Substitutions of materials specified will not be permitted unless authorized in writing by Landscape Architect and/or Owner's Representative. E. Use of Synthetic Fertilizer, Insecticides and Herbicides: None permitted without written approval from Landscape Architect and Owner's Representative. F. Liquid Biological Amendment Contractor Qualifications: 1. Provider and Application Contractor shall have-6 years previous experience in successfully implementing and installation of this scope and scale for at least five (5) 02916-1 307 SHADOW CREEK BIKE AND PEDESTRIAN TRAIL— SPECIAL SPECIFICATION SOIL TREATMENT years in the Greater Houston Region. 2. In the Houston Area: Contractor shall be an active member in good standing of the Organic Horticulture Business-Education Alliance(OHBA). 3. The contractor must have a minimum of 6 years' experience with chemical-free installations and maintenance. Job references for projects that have integrated Sustainable Growth Texas products shall substantiate this experience.Evidence of long term performance consisting of performance statement letters or personnel for contact shall be furnished upon request. 4. Shall be Sustainable Growth Texas, LLC 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636-3711 or approved equal. G. Product Quality: 1. Liquid Compost Extract(LCE)must be verified with time and date as having been 2. freshly made within five (5) hours of application, and from compost meeting the specification in this Section. 3. The Liquid Compost Extract (LCE) or compost shall not have an 'off', ammonium, sulfuric or anaerobic smell. 4. Additional amendments required by specific site conditions shall be added to the base Liquid Compost Extract(LCE)mixture at the time of the application. 5. Compost used to make Liquid Comppst Extract (LCE) must have microbial content quantitatively verified on a quarterly basis through an analytical laboratory that employs soil food web analysis methods. 6. Copies of quarterly Quantitative Soil Food Web Lab test of compost used are to be kept at contractor office and made available to the Landscape Architect and/or Owner's Representative upon request within eight (8) hours of written, email or otherwise notification. 7. Water: Shall be clean potable water, free of contaminants that would harm the components of the products, especially chloramines. 8. Seeds provided to the project shall to be fungicide free. Refer to Hydromulching Section 02921. 9. Use of Synthetic Fertilizer, Insecticides and Herbicides: None permitted without written approval from Landscape Architect and Owner's Representative. 1.4 SUBMITTALS A. Product Data: Submit manufacturer's product data and installation instructions for each material and product used. B. Warranty: Submit manufacturers standard warranty.Include labor and materials to repair or replace defective materials. C. After site examination and during site analysis, provide a list of Liquid Biological Amendments (LBA) material and submit for approval a recommendation and Application Sequence Schedule for precise combination of compost extract and additives best suited to project conditions seven(7)days prior to first application.Refer to Part 3-Execution of this specification. 1.5 DELIVERY,STORAGE,AND HANDLING 02916-2 308 SHADOW CREEK BIKE AND PEDESTRIAN TRAIL— SPECIAL SPECIFICATION SOIL TREATMENT Y A. All material shall be handled and transported in such a way as to maintain the full intended quality and effectiveness of the product. B. Liquid Compost Extract (LCE) must be circulated for five (5) minutes per five hundred (500)gallons of material every three (3)hours after manufactured. • C. All solutions must be applied within forty-eight(48)hours of manufacture and five(5)hours after additives/bio-stimulants are mixed and added. D. If the Landscape Architect has cause for concern for the quality of the product,he/she may require testing to verify job-site quality of the product at the Owners expense. 2.0 PRODUCTS 2.1 MATERIALS A. Compost: Compost used to make Liquid Compost Extract(LCE) must meet the following soil food web minimum standards(per gram dry weight of compost)as tested quarterly. 1. 15-25 micrograms of Active Bacterial biomass, 2. 100-300 micrograms of Total Bacterial biomass, 3. 15-25 micrograms of Active Fungal biomass, 4. 100-300 micrograms of Total Fungal biomass, 5. 5,000 total Flagellates and Amoebae,and Less than 100 Ciliates,and 2 to 20 Beneficial Nematodes. 6. Total Fungi: Total Bacteria to be a 1:1 ratio with no more than a 20%deviation B. Compost must meet the Solvita compost Maturity test of 6.0 or higher. C. Liquid Compost Extract(LCE)shall be an extracted solution from compost and mixed with a combination of innoculms,stimulants,and additives which may be used but which are not limited to the following or as shown in 3.4 Typical Blends of this Section: 1. Mycorrhizal fungi: an Endo/Ecto blended inoculum sourced with a minimum potency of 100,000 propagules per pound and be appropriate species for the plants. 2. Fulvic acid: a natural source of fulvic acid. 3. Non-sulfured molasses,a naturally derived,non-GMO source measuring 79.5°Brix or greater that contains no mold inhibitors. 4. Fish hydrosylate: a cold processed, enzymatically-digested hydrolyzed liquid or dry fish fertilizer. 5. Humate:a low sodium,mined and un-treated source of oxidized lignite containing 70% humic acid that can be mixed into suspension containing 12%humic acid by weight. 6. Soluble kelp powder:a dehydrated liquid extract made from the Ascophyllumnodosum seaweed. 7. Micronized rock dust: a mined and crushed source of finely ground rock powder containing secondary,trace, and rare earth minerals. D. SGTX Hydro-Slurry MixTM to be added with seeding by hydromulching proprietary blend by© Sustainable Growth Texas, LLC 16000 FM 2920,Tomball,TX.,77377 Phone:1-512- 636-3711 (SGTX): 1. Apply 1 lb per 1,000 gallons of hydro-seed. Blend can also be mixed with seed and 02916-3 309 SHADOW CREEK BIKE AND PEDESTRIAN TRAIL— SPECIAL SPECIFICATION SOIL TREATMENT broadcasted, then watered. When using native seeds, apply SGTX Slurry Mix first, and then plant as usual. E. Dry Fertilizer: 1. When dry fertilizer is needed, selection shall be from San Jacinto Environmental Supply,or approved equal.Must be derived from natural sources and be biologically consumable. F. Insecticide: 1. No harsh insecticide shall be applied on this site without written approval by the Landscape Architect and/or Owner's Representative other than those containing the active ingredient of Spinosad unless near water or plants with pollinators.In that case, use Eco-Smart Liquids or granules. 2. Liquid Spinosad at recommended rates or dry bait containing Spinosad. (see above if near bodies of water.) G. Liquid Biological Amendments(LBA)and soil treatment: 1. By © Sustainable Growth Texas, LLC 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636-3711 (SGTX) H. Notify Landscape Architect and Owner's Representative seven (7) days before any application. I. Materials will be supplied by the following, or an approved equal, meeting all of the requirements of this specification: Sustainable Growth Texas, LLC 16000 FM 2920, Tomball,TX.,77377 Phone:1-512-636-3711 2.2 EQUIPMENT REQUIREMENTS: A. Application Spray tank shall be rinsed clean on a daily basis and disinfected on a bi-weekly basis. Tank shall be rinsed with non-chlorinated water, de-chlorinated water, non- chloramines treated water, or de-chloraminated water before filling with Liquid Compost Extract(LCE). B. Application Spray tank shall be equipped with an operating circulation pump of a diaphragm or centrifugal design capable of low velocity,high volume delivery. C. Application spray tank must be equipped with fully functioning and operating and agitation, and circulation system.Aeration systems may be necessary for some applications. D. All equipment used for application of Liquid Compost Extract (LCE)/bio-spray mix must not be used for storage or application of synthetic herbicides,insecticides, or fungicides. E. Injectors must be capable of penetrating four (4) inches into soil and/or root balls. They must be unfiltered, open flow, not less than ''A" restriction along any part of the injection system. F. Extractors used to produce the Liquid Compost Extract(LCE)are not to be simple brewing compost tea machines. They must be capable of pulling the microbes off the compost in their active and inactive forms. Landscape Architect may inspect the extraction equipment prior to allowing work be performed. 02916-4 310 SHADOW CREEK BIKE AND PEDESTRIAN TRAIL— SPECIAL SPECIFICATION SOIL TREATMENT G. Approved vendors for Liquid Compost Extract(LCE): Soils Alive—all Locations(512-636- 3711);Sustainable Growth Texas,LLC(512-636-3711);Sustainable Growth Houston,LLC or equal. 3.0 EXECUTION 3.1 EXAMINATION A. Examine the area where work is to be executed and notify the Landscape Architect and/or Owner's Representative in writing of deficiencies of work in place by others resulting in unsatisfactory site conditions for application B. Do not proceed until unsatisfactory conditions have been corrected. 3.2 ANALYSIS AND RECOMMENDATION A. Provide a list of Liquid Biological Amendments (LBA) material and submit for approval a recommendation and application sequence schedule for precise combination of compost extract and additives best suited to project conditions seven(7)days prior to first application 3.3 APPLICATION REQUIREMENTS A. Soil treatment materials shall be supplied and applied by Sustainable Growth Texas, LLC 16000 FM 2920,Tomball,TX.,77377 Phone:1-512-636-3711 or approved equal. B. Project Areas: 1. Establishment of Bermuda and other indicated lawn species. 2. Native Plant reestablishment at lawn periphery. C. Application Sequence, Rates of Liquid Biological Amendments (LBA)/ Liquid Compost Extract(LCE)for Erosion Control during Construction/Establishment of turf: 1. Pre-Planting. 1st application: SGTX dry mineral mix or approved equal applied at rough or finished grade. Rate: 50 lbs per acre. 2. Pre-Planting.2nd application:The SGTX Bio-Augmentation Mix TM applied at either rough or finished grade.400 gallons Liquid Compost Extract(LCE)per acre.Wait at least fourteen (14) days before planting after this application. If compost is recommended to be added to the existing topsoil, incorporate into top 2" of soils during finish grade. Then apply 2nd application if not already applied at rough or finished grade. Wait at least fourteen(14)days before planting after this application. 3. Seeding. 3rd application: The SGTX Hydro-Slurry MixTM applied with turf hydromulch and also in beds when planted. Rate: 43 lbs per acre. 4. First True Leaf.4th application:The SGTX Bio-Stimulation Mix TM applied after true leaf is 1"tall. Rate: 200 gallons Liquid Compost Extract(LCE)per acre. 5. 30 Days later. 5th application: SGTX Bio-Augmentation Mix TM applied 30-40 days after 4th application. Rate: 200 gallons Liquid Compost Extract(LCE)per acre. 6. 30-60 Days later. 6th application: Dry fertilizer mix or liquid application with high Nitrogen component. Rate determined by analysis and recommendation. 02916-5 311 SHADOW CREEK BIKE AND PEDESTRIAN TRAIL— SPECIAL SPECIFICATION SOIL TREATMENT 7. Problem Areas:As determined and recommended by SGTX,spot spray after 3rd,4th and 5th applications with Bio-Stimulation mix. Rate: 50 gallons per acre. 8. 7th Application: As determined and recommended by SGTX, tree injections. Appropriate material and rate to be recommended by SGTX. D. Maintenance for 120 days following the application sequence are as follows: E. Maintenance for the 1-year maintenance period following final acceptance is as follows: 1. Apply solution with equipment and methods so that solution is distributed evenly across the soil surface and/or plants at the specified application rates. 2. See Exterior Landscape Maintenance(See Specification 09100) for application rates and type of treatment determined by month. F. Cleanup: Liquid Biological Amendments(LBA)Contractor shall clean site as required and repair any damage to improvements or surrounding surfaces. G. Cultural Practices that enhance the biological growing system regarding watering amounts, mowing sequence and heights must be coordinated. 3.4 TYPICAL BLENDS A. Bio-Augmentation Mix TM for Bermuda or Buffalograss. B. Method: Apply foliar spray to turf grasses, ornamental grasses and shrubs and associated bed preparation area. Apply three hundred (300) gallons per acre of foliar application of liquid biological amendment with additives at the following rates: 1. Liquid Compost Extract(LCE): five hundred(500) gallons 2. Humate: Three(3)lbs per five hundred(500)gallons 3. Fulvic acid: Two(2) oz per five hundred(500)gallons 4. Soluble kelp seaweed: Five(5)lb per five hundred(500) gallons 5. Unsulphured molasses: Sixty-four(64) oz per five hundred(500)gallons 6. Fish hydrolysate:Two(2)gallons of liquid or fifteen(15)lbs of dry per five hundred (500)gallons 4.0 MEASUREMENT AND PAYMENT 4.1 UNITS A. Measurement and Payment for Soil Treatment is included in other sections. END OF SECTION 02916-6 312 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION HYDROMULCH SEEDING SECTION 02921 S HYDROMULCH SEEDING The following supplement modifies specification Section 02921—Hydromulch Seeding Standard Specification. Where a portion of the Specification is modified or deleted by this Supplementary Specification, the unaltered portions of the Specification shall remain in effect. The text in BOLD shall be added. The text shown with a STRIKE THROUGH shall be removed. 1.0 GENERAL 1.01 SECTION INCLUDES Aa Contractor is responsible for coordinating all hydromulching and related work with other trades and aspects of work as necessary to satisfactorily complete the requirements of this specification. B References to Technical Specifications: 1. Section 01200—Measurement and Payment Procedures 2. Section 01350—Submittals 3. Section 01500—Temporary Facilities and Controls 4. Section 02910—Topsoil 5. Section 02255—Bedding,Backfill,and Embankment Materials 6. Section 01140—Contractor's Use of Premises 7. Section 02916—Soil Treatment 8. Section 02940—Exterior Landscape Maintenance 1.02 MEASUREMENT AND PAYMENT Ba Payment Schedule for `Hydromulching' of the type specified will be handled in the following manner: 1. When the Hydromulching, fine grading and installation of related materials are completed and turf root depth is twice the blade height in random samples taken by the Landscape Architect, 50% payment of the unit bid price will be approved. 2. Turf is considered established when it sustains 90% acceptable vegetative cover with no bare areas in excess of twelve (12") inches diameter. At this point the remainder of the unit bid price,less retainage,will be approved. Ca No payment will be made for hydromulch seeding if the inspections per this specification are not approved by the Landscape Architect/Owner's Representative. 03/2017 02921S-1 313 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION HYDROMULCH SEEDING 1.03 SUBMITTALS and the requirements of the Texas Fertilizer Law. Use of Synthetic Fertilizer,Insecticides and Herbicides are strictly prohibited: Refer to Soil Treatment(See Section 02916)for Soil Treatment. 1.05 QUALITY ASSURANCE A. Reference Standards and Governing Agencies: The following documents and agencies govern the work except where more restrictive requirements are specified. 1. All local, municipal and state laws, and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these specifications, and their provisions shall be carried out by the Contractor.Anything contained in these specifications shall not be construed to conflict with any of the above rules and regulations and requirements of the same.However,when these specifications and drawings call for or describe materials,workmanship, or construction of a better quality,higher standard,or larger size than is required by the above rules and regulations,these specifications and drawings shall take precedence. 2. The most recent edition published edition of the ANSI: American National Standards Institute,260.1: Nursery Stock. 3. Standardized Plant Names, 1942 Edition,American Joint Committee on Horticultural Nomenclature. 4. Occupational and Safety Health Administration(OSHA): General Industry (29 CFR 1910),Construction Industry(29 CFR 1926),OSHA Pamphlet 3861,OSHA Publication 3752. B. Field Supervision: Require Contractor to maintain an experienced full-time supervisor on Project site when work is in progress. C. Protect structures, utilities, sidewalks,pavements,and other facilities from damage caused by settlement,lateral movement,undermining,washout,and other hazards created by earthwork operations. D. Use of Synthetic Fertilizer,Insecticides and Herbicides are strictly prohibited: Refer to Soil Treatment(See Section 02916)for Soil Treatment. E. All soil treatment and pest control recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920,Tomball,TX.,77377 Phone:1-512- 636-3711 (SGTX) or approved equal. F. Inspections: 1. Weekly meetings will be held through construction with the Landscape Architect,Owner's Representative and Contractor.During these weekly meetings the species of turfgrass will be determined,coverage of areas reviewed and inspections conducted with the Contractor. 03/2017 02921S-2 314 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION HYDROMULCH SEEDING 2. Surfaces indicated to be hydromulched shall be inspected to verify that all preparatory work in the area has been completed.Hydromulching shall not start until all preparatory work has been completed. 3. Materials Inspection.The day of hydromulching,Landscape Contractor shall provide hydromulch machine,water,labor,unopened seed container in original manufacturers container and fiber material.SGTX personnel shall provide hydroslurry mix.The Landscape Architect shall inspect and observe the seed mix in the original container(s)and SGTX hydro-slurry mix prior to pouring into tank and application. The inspection and tank materials must meet the requirements for material outlined in Soil Treatment(See Section 02916).Any application of material without this inspection will result in a failed materials test,no measurement or payment will be applied for applied material and reapplication will be required. Contractor must submit written requests for inspections to the Landscape Architect and/or Owner's Representative at least seven(7) days prior to anticipated inspection date. 4. No sections or portions of the landscape area will be accepted until all sections,areas or portions are completed,installed and approved in writing by the Landscape Architect and/or Owner's Representative.Any sunk or eroded areas or any plants or materials deficient,dead or dying or exhibiting lack of healthy growth shall be reinstalled with thirty(30) days of Inspection 5. Submit written requests for inspections to the Landscape Architect and Owner's Representative at least seven(7) days prior to anticipated inspection date. G. Contractor shall: 1. The landscape contractor must have a minimum of 6 years' experience with chemical-free installations and maintenance.Job references for projects that have integrated Sustainable Growth Texas products shall substantiate this experience.Evidence of long term performance consisting of performance statement letters or personnel for contact shall be furnished upon request. 2.0 PRODUCTS 2.01 MATERIALS C Seed: Conform to U.S. Department of Agriculture rules and regulations of the Federal Seed Act and the Texas Seed Law. The seed shall be harvested within 1 year prior to planting, free of Johnson grass,field bind weed, dodder seed, and free of other weed seed to the limits allowable under the Federal Seed Act and applicable seed laws.The seed shall be extra fancy grade,treated with fungicide, and shall have a germination and purity that will produce, after allowance for Federal Seed Act tolerances, a pure live seed content of not less than 85 percent,using the formula: purity percent times (germination percent times plus hard or sound seed percent).Seed shall be labeled in accordance with U.S.Department of Agriculture rules and regulations. 03/2017 02921S-3 315 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION HYDROMULCH SEEDING 1. Rye: Fresh,clean,Italian rye grass seed(lollium multi florum),mixed in labeled be labeled. Deliver in original unopened containers. Rye grass will not be accepted without written authorization and stipulations from the Landscape Architect/Owner's Representative. 2. Bermuda: Extra fancy, treated, lawn typo common bermuda(Cynodon dactylon). Deliver in original,unopened container showing weight,analysis,name of vender, and germination test results. a. Certification of grass seed shall be: i. Certified Bermuda Seed,98%pure Bermuda seed minimum requirement. ii. Approved by Landscape Architect 3. Wet,moldy,or otherwise damaged seed will not be accepted. D Fertilizer: Refer to Soil Treatment(See Section 02916).Dry and free flowing,inorganic, water soluble commercial fertilizer, which is uniform in composition. Deliver in percentages of the following elements: Nitrogen: 10 Percent Phosphoric Acid: 20 Percent Potash: 10 Percent E - . • - ! - -- Wood Cellulose Fiber Mulch: Wood cellulose fiber mulch,for use with the hydraulic application of grass seed and fertilizer, shall consist of specially prepared wood cellulose fiber. It shall be processed in such a manner that it will not contain germination or growth inhibiting factors. The wood cellulose fibers shall have the property of becoming evenly dispersed and suspended when agitated in water.When sprayed uniformly on the surface of the soil, the fibers shall form a blotter-like groundcover which readily absorbs water and allows infiltration to the underlying soil. Weight specifications from suppliers for all applications shall refer only to air dry weight of the fiber, a standard equivalent to 19 percent moisture. The mulch material shall be supplied in packages having a gross weight not in excess of 100 pounds and be marked by the manufacturer to show the dry weight content.Suppliers shall be prepared to certify that laboratory and field testing of their product has been accomplished and that it meets all of the foregoing requirements. F Soil Stabilizer: "Terra Tack" 1 or approved equal. G Weed control agent: ' • •--• • • .• . . . - " . ... . : : .. . Use of Synthetic Fertilizer,Insecticides and Herbicides are strictly prohibited: Refer 03/2017 02921S-4 316 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION HYDROMULCH SEEDING to Soil Treatment (See Section 02916) for Soil Treatment. All weed control recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920,Tomball,TX.,77377 Phone:1-512-636-3711 (SGTX) or approved equal. 3.0 EXECUTION 3.01 PREPARATION B After the areas to receive hydromulch seeding have been brought to grade, rake out any foreign organic or inorganic material, including stones,hard clay lumps, and othcr dcbris. Areas to receive seeding shall be loosened by manual or mechanical means to a depth of 1 1/2 inches,leveled and fine graded by hand raking.All stone(1" in diameter and larger in the top 2" of soil) are to be removed,tree stumps, brush, roots, vegetation, rubbish and other foreign matter shall be removed from the site. No foreign matter may be buried on the site.All tree stumps must be removed to a depth of two(2)feet below finish subgrade. C Level with Bank Sand or Topsoil, as approved by the Engineer Landscape Architect/Owner's Representative. D Loosen the subgrade by discing or by scarifying to a depth of at least -4- 1 1/2 inches. E Place and compact a layer of topsoil in accordance with requirements of Section 02910- Topsoil. immediately before applying hydromulch seeding. 3.02 APPLICATION Aa Special Mulching Equipment and Procedures: Hydraulic equipment used for the application of fertilizer, seed, and slurry of prepared wood fiber mulch shall have a built-in agitation system with an operating capacity sufficient to agitate,suspend,and homogeneously mix a slurry containing up to forty (40) pounds of fiber plus a combined total of seventy(70) pounds of fertilizer solids for each one hundred(100) gallons of water. The slurry distribution lines shall be large enough to prevent stoppage. The discharge line shall be equipped with a set of hydraulic spray nozzles which provide even distribution of the slurry on the slopes to be seeded. The slurry tank shall have a minimum capacity of eight hundred (800) gallons and shall be mounted on a traveling unit which may be either self-propelled or drawn with a separate unit which will place the slurry tank and spray nozzles within sufficient 03/2017 02921S-5 317 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION HYDROMULCH SEEDING proximity to the areas to be seeded so as to provide uniform distribution without waste. The Owner's Representative may authorize equipment with smaller tank capacity provided that the equipment has the necessary agitation system and sufficient pump capacity to spray the slurry in a uniform coat. Ab Mixing: 1. Care shall be taken that the slurry preparation takes place onthe site of the work. Spraying shall commence immediately after inspection when the tank is full. 2. Operators of hydromulching equipment shall be thoroughly experienced in this type of application. Apply specified slurry mix in a motion to form a uniform mat at specified rate. The operator shall spray the area with a uniform, visible coat by using the green color of the wood pulp as a guide. Keep hydromulch within areas designated and keep from contact with other plant material. Slurry mixture which has not been applied within four (4) hours of mixing shall not be used and shall be removed from the site. 3. After installation, the Contractor shall not operate any equipment over the covered area. Immediately after application, thoroughly wash off any plant material, planting areas, or paved areas not intended to receive slurry mix. Keep all paved and planting areas clean during maintenance operations. Ac Seeded Areas: If, in the opinion of the Landscape Architect /Owner's Representative, unplanted skips and areas are noted after hydromulching, the Contractor shall be required to seed the planted areas with the grasses that were to have been planted at no additional cost to the Owner. A Seed: Apply uniformly at following rates for type of seed and planting date: TYPE APPLICATION PLANTING RATE DATE UnHulled Common Bermuda Grass 2 lbs./1000 Square Feet Spring/Summer Planting 98% Purity 87 lbs/Acre (April 15 to Sept 15) UnHulled Common Bermuda Grass 1.5 lbs./1000 Square Feet Fall/Winter Planting 98% Purity 65 lbs/Acre (Sept 15 to April 15) No Rye Grass Shall Be Applied B Fertilizer: • .. . • .-• . . . - . !! ... . . -. Use of Synthetic Fertilizers Insecticides and Herbicides are strictly prohibited: Refer to Soil Treatment (See Section 02916) for Soil Treatment. All fertilizer recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636-3711 (SGTX)or approved equal. 03/2017 02921S-6 318 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION HYDROMULCH SEEDING C Mulch: Apply uniformly at a rate of 50 pounds per 1000 square feet. D Soil stabilizer: Apply uniformly at a rate of 10 pounds per acre. E Weed control agent: .. . . •. . . - ' - . . - . . - . -Use of Synthetic Fertilizer,Insecticides and Herbicides are strictly prohibited: Refer to Soil Treatment (See Section 02916) for Soil Treatment. All weed control recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920,Tomball,TX.,77377 Phone:1-512-636-3711 (SGTX)or approved equal. F Suspend all operations under conditions of drought, excessive moisture, high winds, or extreme or prolonged cold. Obtain the Engineer Landscape Architect /Owner's Representative's approval before resuming operations. 3.03 MAINTENANCE Aa Establishment of Hydroseeded Areas: 1. Hydromulched areas shall be maintained in good condition throughout the installation process and throughout the maintenance period as specified in Exterior Landscape Maintenance(See Section 02940). 2. After installation, hydroseeded areas shall be watered in an amount and as often as necessary to keep seed beds moistened to their full depth for a period of 2 weeks. 3. After initial 2 weeks of watering, seeded areas shall be watered and maintained to insure a healthy, vigorous growth throughout the installation period and the landscape maintenance period. See Soil Treatment (See Section 02916)for Soil Treatment. 4. Upon completion of work, clean areas within Contract limits, remove tools, supplies and equipment.Wash down curbs and pavement areas.Scrub curbs and walks as necessary to insure a clean surface.Provide site clean and free of materials and suitable for use as intended. A Maintain grassed areas by watering, fertilizing,weeding, and trimming as required to establish and sustain 70%90% acceptable vegetative cover with no bare areas in excess of twelve(12")inches diameter. END OF SUPPLEMENTAL 03/2017 02921S-7 319 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION SODDING SECTION 02922 S SODDING The following supplement modifies specification Section 02922—Sodding Standard Specification. Where a portion of the Specification is modified or deleted by this Supplementary Specification, the unaltered portions of the Specification shall remain in effect. The text in BOLD shall be added. The text shown with a STRIKE THROUGH shall be removed. 1.0 GENERAL 1.01 SECTION INCLUDES B References to Technical Specifications: 7. Section 02916—Soil Treatment 1.05 QUALITY ASSURANCE A. Reference Standards and Governing Agencies:The following documents and agencies govern the work except where more restrictive requirements are specified. 1. All local, municipal and state laws, and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these specifications, and their provisions shall be carried out by the Contractor.Anything contained in these specifications shall not be construed to conflict with any of the above rules and regulations and requirements of the same. However, when these specifications and drawings call for or describe materials,workmanship,or construction of a better quality,higher standard,or larger size than is required by the above rules and regulations, these specifications and drawings shall take precedence. 2. The most recent edition published edition of the ANSI: American National Standards Institute,260.1: Nursery Stock. 3. Standardized Plant Names, 1942 Edition, American Joint Committee on Horticultural Nomenclature. 4. Occupational and Safety Health Administration(OSHA): General Industry(29 CFR 1910),Construction Industry(29 CFR 1926),OSHA Pamphlet 3861,OSHA Publication 3752. B. Field Supervision: Require Contractor to maintain an experienced full-time supervisor on Project site when work is in progress. C. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations. D. Use of Synthetic Fertilizer, Insecticides and Herbicides are strictly prohibited: Refer to Soil Treatment(See Specification 02916)for Organic Soil Fertility. E. All soil treatment and pest control recommendations will be specified and applied by 03/2017 02922S-1 320 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION SODDING Sustainable Growth of Texas 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636- 3711 (SGTX)or approved equal. F. Inspections: 1. Weekly meetings will be held through construction with the Landscape Architect,Owner's Representative and Contractor. 2. Surfaces indicated to be sodded shall be inspected to verify that all preparatory work in the area has been completed. Sodding shall not start until all preparatory work has been completed 3. Submit written requests for inspections to the Landscape Architect and Owner's Representative at least seven(7) days prior to anticipated inspection date. G. Contractor shall: 1. The landscape contractor must have a minimum of 5 years' experience with chemical-free installations and maintenance. Job references for projects that have integrated Sustainable Growth Texas products shall substantiate this experience. Evidence of long term performance consisting of performance statement letters or personnel for contact shall be furnished upon request. 2.0 PRODUCTS 2.01 MATERIALS C Fertilizer: • .' . . -•-- . -- . -. phosphoric acid, and 8 percent potash; or 15 percent nitrogen, 5 percent phosphoric acid, and 10 percent potash. Use of Synthetic Fertilizer, Insecticides and Herbicides are strictly prohibited:Refer to Soil Treatment(See Specification 02916)for Organic Soil Fertility. All soil treatment/fertilizer recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920, Tomball, TX.,77377 Phone:1-512- 636-3711 (SGTX)or approved equal. D Weed and Insect Treatment: Provide acceptable treatment to protect sod from weed and insect infestation. Submit treatment method to the Engineer Landscape Architect for ' approval. All insect and disease control shall be installed within guidelines set forth by the Structural Pest Control Board of the State of Texas. Use of Synthetic Fertilizer, Insecticides and Herbicides are strictly prohibited: Refer to Soil Treatment (See Specification 02916) for Organic Soil Fertility. All weed and insect control recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920,Tomball,TX.,77377 Phone:1-512-636-3711 (SGTX) or approved equal. 2.02 SOD B Contents: 95 percent permanent grass suitable to climate in which it is to be placed; a healthy,virile root system of dense,thickly matted roots throughout the soil of the sod for a minimum thickness of 1 inch; not more than 5 percent weeds and undesirable grasses; good texture,free from obnoxious grasses,roots, stones and foreign materials. 03/2017 02922S-2 321 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION SODDING C Size: 12 inch wide strips, uniform in thickness (2 inch minimum with clean-cut edges. Sod shall have been mowed within seven(7) days of being stripped/cutting. D Sod is to be supplied and maintained in a healthy condition as evidenced by the grass being a normal,green color. Dry sod will be rejected. 3.0 EXECUTION 3.01 PREPARATION A Do not start work until conditions are satisfactory. Do not start work during inclement or impending inclement weather. Perform Sodding only when weather and soil conditions are deemed by Engineer Landscape Architect to be suitable for proper placement. B Strip existing vegetation and one(1)inch of existing soil from all areas to receive sod not stripped and graded under previous work.After the areas to receive sod are brought to grade, rake out any foreign organic or inorganic material, including stones, hard clay lumps and other debris. D Loosen the subgrade by discing or by scarifying to a depth of at least —4— 1 1/2 inches. E Place and compact topsoil in accordance with requirements of Section 02910 —Topsoil. Top soil shall be free of weeds and foreign material immediately before sodding. Finish grade to be one(1)inch below top of adjacent hardscape. F Spread 2 inch(±1")layer of Bank Sand over prepared topsoil. H Apply fertilizer at a rate of 25 lbs/1000 SF. Apply after raking soil surface and not more than 18 hours prior to laying sod. Mix thoroughly into upper 2 inches of soil. Lightly water to aid in dissipation of fertilizer. Immediately prior to placing sod, refer to Soil Treatment(See Specification 02916). 3.02 APPLICATION C Tamp and roll sod with approved equipment to eliminate minor irregularities and to form close contact with soil bed immediately after planting and watering. Submit type of tamping and rolling equipment to be used to the Engineer Landscape Architect for approval,prior to construction. D Apply second application of fertilizer sixty (60) days after planting refer to Soil Treatment(See Specification 02916). 03/2017 02922S-3 322 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION SODDING 3.03 MAINTENANCE A Maintenance Period: 1. Begin maintenance immediately after each section of grass sod is installed and continue for a 30-day period from date of Substantial Completion. Maintain as specified in Exterior Landscape Maintenance(See Section 02940). 3. Water,fertilize, control disease and insect pests,mow,edge,replace unacceptable materials,and perform other procedures consistent with good horticultural practice to ensure normal, vigorous and healthy growth. All disease control shall be installed within guidelines set forth by the Structural Pest Control Board of the State of Texas. Use of Synthetic Fertilizer, Insecticides and Herbicides are strictly prohibited.Refer to Soil Treatment(See Specification 02916). 4. Notify Engineer Landscape Architect 10 days before end of maintenance period for inspection. D Fertilizer and Pest Control: 1. .. ' - .. • - . . . - . 4 ! ... . ... ... - as recommended by manufacturer.Fertilizer shall not be placed until 2 weeks after placement of sod. Use of Synthetic Fertilizer, Insecticides and Herbicides are strictly prohibited: Refer to Soil Treatment (See Specification 02916) for Organic Soil Fertility. All soil treatment and pest control recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920, Tomball,TX.,77377 Phone:1-512-636-3711 (SGTX)or approved equal. 2. Treat areas of heavy weed and insect infestation as recommended by treatment manufacturer. All soil treatment and pest control recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920, Tomball,TX.,77377 Phone:1-512-636-3711 (SGTX)or approved equal. END OF SUPPLEMENTAL 03/2017 02922S-4 323 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION LANDSCAPE AND TREE PLANTING SECTION 02931 S LANDSCAPE AND TREE PLANTING The following supplement modifies specification Section 02931—Landscape and Tree Planting Standard Specification. Where a portion of the Specification is modified or deleted by this Supplementary Specification, the unaltered portions of the Specification shall remain in effect. The text in BOLD shall be added. The text shown with a STRIKE THROUGH shall be removed. 1.0 GENERAL 1.01 SECTION INCLUDES A Furnishing all plants and trees, labor, equipment, appliances and materials for landscape and tree planting. Furnish and install complete and in place all landscape materials including all plant materials, topsoil, compost, plant bed mix, mulch, edging, tree stakes and accessories as shown on the plans, plans schedules, notes, details and as needed to install all items on the plan and as specified herein.Rough and finish grading is part of the landscape work. Aa Contractor is responsible for coordinating all planting and planting related work with other trades and aspects of work as necessary to satisfactorily complete the requirements of this specification. Ab Contractor is responsible for completion of the according to the standards outlined in Exterior Landscape Maintenance(See Section 02940).Measurement and Payment is under `Plants' of the specified size and variety. Ac Contractor is responsible for maintenance of vegetation within the construction zone until final acceptance. 1.02 MEASUREMENT AND PAYMENT A Measurement for Landscape Planting items is on a Lump Sum as specified in the bid form. B Payment for Tree Planting ' . . . •• .. - . • - . . . Landscape Planting items shall include all labor, materials, equipment, and preparation necessary for installation and maintenance,including Soil Treatment as found in Specification 02916. 1.03 SUBMITTALS B Submit samples of the plants and grasses to be used for approval prior to installation. Inspection will be done on the project site. If these samples prove unacceptable, Contractor will take Landscape Architect to source to specifically tag the material 03/2017 02931S-1 324 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION LANDSCAPE AND TREE PLANTING for the project. All tagged material to be brought to site with tags in place as attached in field. 1.06 DELIVERY AND STORAGE OF MATERIALS B The Contractor shall be solely responsible for the safe transportation of plants to the site and their condition upon arrival. Trees damaged, dehydrated or abused during transit and storage WILL BE REJECTED. C Store plants on the site as directed. Protect the balls and water regularly until planting. If trees are left in storage over the weekend or holiday provide a means of periodically watering and inspecting root ball protection. D Spray with anti transpirant at time of delivery in warm season months. Apply at rates in J The Landscape Architect and/or Owner's Representative may inspect any phase of this operation and may reject any plant material improperly handled during any phase of this operation. 1.09 WARRANTY B Replace plants that fail during the warranty period according to the specifications I - - - _ . . .- within 60 days of notification by Landscape Architect and/or Owner's Representative. C Contractor is responsible to periodically inspect plants for proper watering and— spraying,during warranty period. H Remove and replace trees found to be dead during warranty period. Remove and replace trees which are in doubtful condition at end o fwarranty period within 60 days of notification,or if approved by the Engineer Landscape Architect, extend warranty period for such trees for a full growing season. 1.10 SOIL ANAYLSIS A Submit for approval an analysis of all soils obtained from off-site sources prior to delivery. No off-site soils will be accepted on site without written approval of Landscape Architect. 1.11a PROTECTION OF EXISTING PLANTS TO REMAIN A Do not store materials or equipment,permit burning, or operate or park equipment or vehicles under the branches of any existing plant to remain except as actually required for construction in those areas. B Provide barricades,fences,staked ribbon markings,or other barriers as necessary at the drip line to protect existing plants to remain from damage during construction. 03/2017 029315-2 325 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION LANDSCAPE AND TREE PLANTING C Notify Landscape Architect and/or Owner's Representative in any case where Contractor feels grading or other construction called for by Contract Documents may damage existing plants to remain. D If existing plants to remain are damaged during construction, Contractor shall replace such plants of the same species and size as those damaged at no cost to Owner. Determination of extent of damage and value of damaged plant shall rest solely with Landscape Architect and/or Owner's Representative. Refer to Soil Treatment (See Specification 02916)for Organic Soil Fertility in handling repairs. 1.14 QUALITY ASSURANCE A Landscaper shall be a firm specializing in landscape and planting work. The landscape contractor must have a minimum of 6 years' experience with chemical-free installations and maintenance. Job references for projects that have integrated Sustainable Growth Texas products shall substantiate this experience. Evidence of long term performance consisting of performance statement letters or personnel for contact shall be furnished upon request. B Do not make substitutions of approved trees unless approved in writing by the Engineer.If specified planting material is not obtainable,submit proof of non-availability together with proposal for use of equivalent material. Substitutions of larger size or better grade than specified will be allowed,but with no increase in unit price. C Use of Synthetic Fertilizer,Insecticides and Herbicides are strictly prohibited: Refer to Soil. Treatment (See Specification 02916) for Organic Soil Fertility. All soil treatment and pest control recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920,Tomball,TX.,77377 Phone:1-512-636- 3711 (SGTX) or approved equal. 1.15 MAINTENANCE BY THE CONTRACTOR: Refer to Exterior Landscape Maintenance (See Specification 02940) 2.0 PRODUCTS 2.01 TOPSOIL B Peat moss,bark,and fertilizer: Use material recommended by nursery for establishment Specification Q P 166E. Fertilizer:All fertilizer recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920,Tomball,TX.,77377 Phone:1-512- 636-3711 (SGTX)or approved equal. 03/2017 02931S-3 326 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION LANDSCAPE AND TREE PLANTING 2.02 SOIL TREATMENT FERTILIZER analysis. Caked,damaged or otherwise unsuitable fertilizer will not be accepted. 1. For lawns: 12 21 12. 2. For ground cover areas, shrub beds and tree holes: 20 10 5 (Except for Genus Pyrus(Pear). A Use of Synthetic Fertilizer is prohibited. None permitted without written approval from.Landscape Architect and Owner's Representative.Refer to Soil Treatment(See Specification 02916)for Organic Soil Fertility. B All fertilizer recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636-3711 (SGTX) or approved equal. 2.03 ADDITIVES A Adjustment of pH. For topsoil to attain the specified pH level, furnish raw, ground 50 percent will pass through a 100 mesh sieve and 90 percent through a 70 mesh sieve. Wait 2 months after planting before application of fertilizer. 1. following table is a guideline to establish the pounds of limestone needed per SOIL SAND CLAY LOAM, CLAY X6.0 0- 0- 0- 5.1 6.0 50- -5- 4-00- <5.0 4-00- 125 175 B Humus.Provide a rich humus material free of sticks, stones,weedy roots,or other foreign humus with a dark brown to black color. C Dressing Mulch. Provide pine or redwood bark that is evenly shredded, consisting of 90 size not to exceed 3 inches in diameter. 2.03a MULCH A Contractor shall use Native Hardwood Mulch. Native Hardwood Mulch shall be the product of standard shredding of native deciduous trees (primarily hardwoods) and brush with only a small amount of bark. B The Mulch shall be installed to a depth of two(2")throughout the planted bed areas. The mulch shall be free of debris, large sticks, leaves of deciduous trees and other 03/2017 02931S-4 327 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION LANDSCAPE AND TREE PLANTING foreign material as manufactured and blended by Nature's Way Resources, 101 Sherbrook Circle,Conroe,TX 77385 Phone:1-936-321-6990 or approved equal. 2.04 CONSTRUCTION MATERIALS A Root Ball Anchors: 1. Duck bills will be used to secure the root ball anchors. 1. Contractor shall use "Root Anchor Safety stake" below grade rootball anchoring system as manufactured by Tree Stake Solutions,9973 FM 521 Rd., Rosharon,TX ,77583 Phone:I-281-778-1400 or approved equal. Refer to details for staking and/or guy requirements.(www.treestakesolutions.com) B Edging: 1. Provide 1/2 inch x 1 inches, Cypress or Treated Lumber headerboard. 2. Provide 1 inch x 2 inches x 12 inches, Cypress or Treated Lumber stakes. 1. The Composite Edging shall be High Density Polyethylene made from 100% recycled content feed stock. The color shall be Redwood as provided by the manufacturer. 2. The Composite Edging shall be 1" x 6" x 20' in size for each piece. Stakes shall be of a type specified by the manufacturer and placed per manufacture instructions. 3. Contractor shall use Benda-Board Composite Bed Edging as manufactured by Epic Plastics, 104 East Turner Road, Lodi, CA 95240 Phone: 209-333- 6161 or approved equal. (www.epicplastics.com) C Cloth for Balling Trees. Use burlap of jute weighing at least 7.2 ounces per square yard. D Paper for Wrapping Trees. Use first quality, 4 inch wide bituminous impregnated tape, to resist insect infestation. E Materials for Flagging Trees: 1. H Polyethylene. Use virgin base, resin blended polyethylene sheeting with carbon black concentrate of 2.5 percent. 2.05 SPRAYS A Sterilization: 1. - . . . . •.• . ! . . -. . . . . . 2. Use Pramitol, or equal, for areas to be paved. 03/2017 02931S-5 328 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION LANDSCAPE AND TREE PLANTING B Herbicides: 1. Use an approved systemic non selective, post emergent herbicide on specified areas to kill all vegetation. 2. Use Confront, or equal, for general control of broadleaf weeds in lawns. 3. Use Preemerg, Eptam, Dryclomec, or equal for ground cover. 4. Use an approved pre emergent to control seed germination in specified areas. C Antitranspirant: 1. . . .. . heeledin on the site. 2. _ . .. . . . - . . . . D Root Stimulant. Use approved root stimulant on all newly planted trees, shrubs, vines and/or ground cover areas. 2.05a SOIL TREATMENT PRE-EMERGENCE WEED CONTROL,HERBICIDES A Use of Herbicides is prohibited. None permitted without written approval from Landscape Architect and Owner's Representative. Refer to Soil Treatment (See Specification 02916)for Organic Soil Fertility. B All herbicide recommendations will be specified and applied Sustainable Growth of Texas 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636-3711 (SGTX) or approved equal. 2.05b SOIL TREATMENT INSECTICIDES A Use of Insecticides is prohibited. None permitted without written approval from Landscape Architect and Owner's Representative. Refer to Soil Treatment (See Specification 02916)for Organic Soil Fertility. B All insecticide recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636-3711 (SGTX) or approved equal. 2.05c SOIL AMENDMENT A This item is incorporated as part of the installation of hydroseed application with fine grading. This does not relieve the contractor from following the remainder of this specification document. B All soil amendments will be specified and applied by Sustainable Growth of Texas 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636-3711 (SGTX) or approved equal.Refer to Soil Treatment(See Specification 02916)for Organic Soil Fertility. 2.06 PLANT CHARACTERISTICS 03/2017 02931S-6 329 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION LANDSCAPE AND TREE PLANTING B Select well-formed plants balanced between height and spread typical of the species or variety with branches in normal position. Heading back plants to meet size limits will not be permitted. Plants to conform to the heights and spreads as shown on plans. C Unless otherwise specified,all plants will be nursery grown and at least twice transplanted. Use plants which have been growing under similar climatic conditions to those of the project for at least 2 years prior to the date of the contract. Container stock,when specified,shall have grown in the containers in which delivered for at least 6 months,but not over two years. Samples must prove no root-bound conditions exist.Recently stepped-up plants will not be acceptable. All B&B or bare root plants must be freshly dug;heeled in or cold storage plants will not be accepted. No B&B or bare root plants will be accepted. • • . . •.. . •• • . . . Growing Practices for all trees: 1. Shaved Root ball: Root ball shaved at every container transfer to mitigate circling roots. 2. Visible and ungirdled root flare: Root flare at or above ground level with no girdling roots. 3. Central leader without co-dominates: Trees are trimmed to a straight central leader and co-dominates removed. F Regardless of sample selection, a plant may be rejected at the site by the Engineer Landscape Architect. 2.07 NURSERY STOCK A Deciduous Trees. Provide trees which are straight and symmetrical and have a persistently preferred main leader. The crown must be in good overall proportion to the entire height of the tree. Where a clump multi-trunk is specified, a plant having a minimum of three stems originating from a common base at the ground line will be furnish. 2.08 FIELD COLLECTED PLANTS and vigorous growth. Such plants will be selected on site by the Landscape architect. C If dug in dormant season and bare root is acceptable, the spread of roots must be at least 1/3 greater than the spread of roots for bare root nursery stock. 03/2017 02931S-7 330 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION LANDSCAPE AND TREE PLANTING 2.09 SEED B Bermuda. Provide common Bermuda seed that is extra fancy, treated, lawn type. Deliver in original,unopened container showing weight,analysis,name of vendor and germination test results. Wet,moldy, or otherwise damaged seed will not be accepted. 1. Certification of grass seed shall be: a. Certified Bermuda Seed,98%pure Bermuda seed minimum requirement. b. Approved by Landscape Architect 2.11 GRASS A Obtain certified sod from an approved source. 1. Sod Certification: Certification shall be submitted from the sod nursery as to the grass species, land requirement of a maximum five (5) varieties of the same species per acre, location of the field from which the sod has been stripped/cut and the date of stripping/cutting. Certification shall accompany the delivery of the sod.No Fungicides to be allowed. 2. Use of Synthetic Fertilizer,Insecticides and Herbicides are strictly prohibited: Refer to Soil Treatment(See Specification 09160)for Organic Soil Fertility. B Provide material which is true to type and name, and is typical of the species or variety. C Delivery: 6. Sods must be harvested within 12 hours of planting and arrive at the project site in a moist condition. Dry sod will be rejected. D Products: 3. Uniform mowed height at time of harvesting material: 1-1/2 inches. Sod shall have been mowed within seven(7) days of being stripped/cutting 7. Sod shall be nursery grown Common Bermuda sod unless otherwise specified in writing by the Landscape Architect having a healthy,virile root system of dense, thickly matted roots throughout the soil of the sod for a minimum thickness of 1 inch.Sod shall be free of noxious weeds and undesirable native grasses. Soil attached to the sod shall be free of stones and debris. 2.12 TREES A Provide container grown trees which are straight and symmetrical and have a persistently preferred main leader. The crown shall be in good overall proportion to the entire height of tree with branching configuration as recommended by ANSI Z60.1 for type and species specified. Where a clump multi-trunk is specified, a plant having a minimum of three stems originating from a common base at the ground line shall be furnished. 03/2017 02931S-8 331 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION LANDSCAPE AND TREE PLANTING 2.13 WATER B Irrigation must be complete and operationally approved by Landscape Architect and/or Owner's Representative prior to planting. C For watering of areas not covered by the irrigation system: 1. Contractor shall utilize a water truck or hydromulch machine to apply water by hand watering means. D For watering of areas covered by the irrigation system prior to the irrigation system being operational: 1. Contractor shall utilize a water truck or hydromuleh machine to apply water by hand watering means. 2.14 SOURCE QUALITY CONTROL A Notify Engineer Landscape Architect,prior to installation,of location where trees that have been selected for planting may be inspected. Plant material will be inspected for compliance with following requirements. 1. Genus, species,variety, size and quality. 2. Size and condition of balls and root systems,insects,injuries and latent defects. B Plant material must be approved prior to installation. Submit written requests for inspections to the Landscape Architect and Owner's Representative at least seven(7) days prior to anticipated inspection date. C Plants identified as "selected specimen" shall be approved and tagged at place of growth by Landscape Architect and/or Owner's Representative.For distant material, submit 4"x 6"photographs for pre-inspection review.Photographs shall show at least two individual plants and overall views of the nursery.Included with the photos shall be the name and location of the nursery source, and the total quantity of plants available to select from. D Contractor shall provide proof of all plant material availability six (6)months prior to the start of demolition and clearing of the project. Proof shall be tagged planted material for this project. If proof is submitted that any plant specified is not obtainable, a proposal will be considered for use of the nearest equivalent size or variety with corresponding adjustment of Contract Price. Such proof shall be substantiated and submitted in writing to Landscape Architect and Owner's Representative at least six(6)months prior to the start of demolition and clearing of the project. These provisions shall not relieve Contractor of the responsibility of obtaining specified materials in advance if special growing conditions or other arrangements must be made in order to supply specified materials. 2.16 PLANTING PROCEDURES 03/2017 02931S-9 332 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION LANDSCAPE AND TREE PLANTING A Temporary Nursery. A temporary nursery may be used to store plants,but no more than 5 days before planting. Keep plants well watered and protected. 1. . . - . . .. - :. . . •. .. . :. . : _ : . . . spray all plants with an antitranspirant. Apply spray from top to bottom. Thoroughly cover plants,but not to the point of run off. Spray block units and not individual plants. Use a low pressure,fine mist applicator. Spray 2. Handle all balled and burlapped plants by the ball only. No B&B plants will be accepted. 3. Upon delivery, immediately heel in bare root plants. Open bundles, separate plants, set roots in trenches, and cover with topsoil. Water plants • - • . .. - - .. •- . . - .•• • • --•• :. No bare root plants will be accepted. B Digging and Handling: 1. undue drying of the in situ soil or roots because of exposure to air and sun. Keep from the storage nursery. Keep the roots well covered and moist until the plants 2. . . . . .. . 3. Dig bare root plants when fully dormant. Keep all of the root system intact; do not prune the root system. However,any roots that are broken,crushed,or bruised must be cl anly cut back to sound wood. Make the cut on an angle so that the 4. :. .. . . .. . .. . . . -- .. - - . -: •- . - - •- .. of natural earth, wrapped in burlap and tightly bound. Each ball must be of sufficient size to encompass all the fibrous feeding roots and not smaller than required by American Standards for Nursery Stock. The ball must remain firm 3.0 EXECUTION - 3.1 SITE PREPARATION B Layout individual trees plants at locations shown on Drawings. Use wire stakes(flags) color-coded for each species of plant material.Stake location of each tree and major shrub and outline of shrub and groundcover beds. In case of conflicts, notify Engineer Landscape Architect before proceeding with Work. Landscape Architect and/or Owner's Representative will check location of plants in the field and shall adjust to exact position before planting begins.Trees shall be staked and approved by Engineer F In Situ Soil Preparation: 2. - - . :.. . . ' . . .• ...• ' . . •: Sustainable Growth of 03/2017 02931S-10 333 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION LANDSCAPE AND TREE PLANTING Texas will recommend and apply all fertilizers and soil additives. Contractor will thoroughly work into soil. G Fertilizer. Evenly broadcast and work fertilizer into soil at the following rates: 1. Lawns: 1 1/2 N pounds per 1000 square.feet. 2. Ground Cover, Shrub,and Tree Areas: 1 1/2 N pounds per 1000 square feet. 1. Use of Synthetic Fertilizer is prohibited. None permitted without written approval from Landscape Architect and Owner's Representative. Refer to Soil Treatment(See Specification 02916)for Organic Soil Fertility. 2. All fertilizer recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920,Tomball,TX.,77377 Phone:1-512-636-3711 (SGTX)or approved equal. 3.01 PLANT BED PREPARATION A Plant Bed Preparation shall incorporate furnishing and installing complete and in place all materials necessary for planter bed creation unless otherwise specified differently on the Bid form. B Plant Bed Preparation shall incorporate furnishing and installing complete and in place Independence Park Planting soil mix which will be required for all planted areas and shall be used in all areas of plant pit and plant bed excavation and preparation. Independence Park Planting Soil Mix shall be as manufactured and blended by Nature's Way Resources, 101 Sherbrook Circle, Conroe, TX 77385 Phone:1-936-321-6990 or approved equal. 3.03 PREPARATION OF PLANTING SOIL 1. Top soil: 50 percent. 2. Peat moss: 25 percent. 3. Well rotted Bark: 25 percent. 4. Fertilizer: Rate recommended by nursery Mix Independence Park Planting Mix (50%) with existing site soils (50%) by mechanical means. 1. Soil and amendment bases shall be completely pulverized and free of lumps or aggregated material. Moisture content of base materials shall not be such that chemical granular or pelletized additives become dissolved before thorough mixing. 2. Mix media in quantities of not less than 50 cubic yards or mix total quantity required if less than 100 cubic yards.The Contractor shall be responsible for continuity between batches. 3. Deliver to the site planting media prepared off-site. 03/2017 029315-11 334 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION LANDSCAPE AND TREE PLANTING 4. Mix vermiculite, perlite and SGTX hi-carbon mix or approved equal on site with prepared planting media; as directed by Sustainable Growth of Texas. Refer to Soil Treatment(See Specification 02916)for Organic Soil Fertility. D Delay mixing of fertilizer if planting will not follow placing of planting soil within '18 hours,unless otherwise directed. E All soil amendments will be specified and applied by Sustainable Growth of Texas 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636-3711 (SGTX) or approved equal.Refer to Soil Treatment(See Specification 02916)for Organic Soil Fertility. 3.04 QUANTITIES A The Contractor shall keep in storage, at his/her own expense, sufficient quantities of mix to repair any settling or to adjust grades throughout the warranty period. 3.05 PLANTING B When conditions detrimental to plant growth are encountered, such as unsatisfactory soil, obstructions, or adverse drainage conditions,notify the Engineer Landscape Architect of such conditions before planting. Subsoil shall not be worked when moisture content is so great that excessive compaction will occur,nor when it is so dry that clods will not break readily.Water shall be applied,if necessary,to bring soil to an optimum moisture content for tilling and planting. 3.06 PLANTING GRASS B To prevent excessive weed growth in the grass areas, the Contractor should be prepared to immediately install the grass seed upon the completed and acceptable finished grade. C Seed: 1. Materials Inspection:The day of hydromulching,Landscape Contractor shall provide hydromulch machine, water, labor, unopened seed container in original manufacturers container and fiber material. SGTX personnel shall provide hydo-slurry mix.The Landscape Architect shall inspect and observe the seed mix in the original container(s)and SGTX hydro-slurry mix prior to pouring into tank and application. The inspection and tank materials must meet the requirements for material outlined in Soil Treatment (See Specification 09160).Any application of material without this inspection will result in a failed materials test, no measurement or payment will be applied for applied material and reapplication will be required. Contractor must submit written requests for inspections to the Landscape Architect and/or Owner's Representative at least seven(7)days prior to anticipated inspection date. 2. Evenly broadcast seed specified in 2.09 at the following rates: 03/2017 02931S-12 335 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION LANDSCAPE AND TREE PLANTING a. Bermuda: 1 pound per 1000 square feet b. Rye: 6 pounds per 1,000 square feet 3. Roll the entire seeded area in two directions with a dry/weighted roller. 4. steer manure. Apply at 2 cubic feet per 100 square feet. 5. Lightly but thoroughly sprinkle the entire seeded area with water after top dress application. 6. Refer to Section 02921 Hydromulch Seeding D Sod: 1. Use Bermuda,Buffalo, or St.Augustine sod in accordance with 2.11A. 2. Prepare soil in accordance with 3.03. 3. • .. . . . - - . -- - . -- . . . ., - - ... . . . 4. Lay sod in a running bond pattern. Pieces should be consistently cut with joints tightly butted together. Water the in-place sod liberally and roll it in two direction with a heavy roller. Areas not level due to fluctuations in the sod depth should be covered and leveled with a 50/50 mix of sharp sand and topsoil. Fertilize in 6 - . . . _. . - as directed by Sustainable Growth of Texas. 5. Refer to Section 02922 Sodding. E After completion of fine grading and top-soiling operations, do not drive trucks or other heavy equipment over finished areas.If compaction occurs before planting,the soil shall be aerated before planting. 3.07 FIELD QUALITY CONTROL A The Engineer Landscape Architect may reject unsatisfactory or defective material at any time during progress of Work. Contractor shall remove rejected trees immediately from site and replace with specified materials. Plant material not installed in accordance with these Specifications will be rejected. B An inspection to determine final acceptance will be conducted by the Engineer Landscape Architect . -- - . . -- - .•- - . - . •- • • --• •- •- . . - 3.08 CLEANING AND MAINTENANCE A Contractor shall maintain -- .. . . .. . •. . . .. • - . - •. . . .:vegetation within the construction zone according to the standards outlined in Exterior Landscape Maintenance (See Section 02940), until final acceptance. B - - . a healthy vigorous growth. 03/2017 02931S-13 336 CITY OF PEARLAND— SUPPLEMENTAL SPECIFICATION LANDSCAPE AND TREE PLANTING saucers. Tighten and repair rootball anchors, and reset trees and shrubs to proper grades raliiifeE1404Keep-trees an . - -- . •- - . . . 3.09 PROTECTION OF THE WORK A Protect planting work and materials from damage due to planting operations. Maintain protection during '- . . . . .•. - construction period. Treat, repair, or replace damaged planting work as directed by the Engineer. END OF SUPPLEMENTAL • 03/2017 02931S-14 337 SHADOW CREEK BIKE AND PEDESTRIAN TRAIL— SPECIAL SPECIFICATION WILDFLOWER SEEDING SECTION 02932 WILDFLOWER SEEDING 1.0 GENERAL 1.1 SUMMARY A. Related Sections: 1. Exterior Landscape Maintenance(See Specification 02940) 2. Soil Treatment(See Specification 02916) 1.2 DEFINITIONS A. Finish Grade: Elevation of finished surface of soil. B. Pesticide: A substance or mixture intended for preventing,destroying,repelling,or mitigating a pest.None permitted without written approval from Landscape Architect and Owner's Representative.This includes insecticides,miticides,herbicides,fungicides, rodenticides,and molluscicides. It also includes substances or mixtures intended for use as a plant regulator, defoliant, or desiccant. C. Pests: Living organisms that occur where they are not desired or that cause damage to plants, animals,or people. These include insects,mites,grubs,mollusks(snails and slugs),rodents(gophers,moles,and mice),unwanted plants(weeds), fungi,bacteria,and viruses. D. Topsoil shall be friable clay loam surface soil reasonably free of clay lumps, stones,\ weeds,roots and other objectionable material,a product of onsite operations. E. Subgrade: Surface or elevation of subsoil remaining after excavation is complete, or top surface of a fill or backfill before planting soil is placed. F. Subsoil: All soil beneath the topsoil layer of the soil profile, and typified by the lack of organic matter and soil organisms. 1.3 QUALITY ASSURANCE A. Product Data: For each type of product indicated. B. Certification of wildflower seed. C. Certification of each seed mixture for wildflowers: Certification shall be submitted from the supplier for each type of seed specified. Certification shall accompany the delivery of the seed and shall indicate that the seed is in accordance with the requirements of the local and state authorities. D. Use of Synthetic Fertilizer,Insecticides and Herbicides are strictly prohibited: Refer to Soil Treatment(See Specification 02916)for Organic Soil Fertility. E. All soil treatment and pest control recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920,Tomball,TX.,77377 Phone:1-512-636- 3711 (SGTX). F. Installer's Field Supervision: Require Installer to maintain an experienced full-time supervisor on Project site when work is in progress. 1.7 SUBMITTALS 02932 - 1 338 SHADOW CREEK BIKE AND PEDESTRIAN TRAIL— SPECIAL SPECIFICATION WILDFLOWER SEEDING A. Provide seed of the previous season's crop meeting the requirements of the Texas Seed . Law, including the testing and labeling for pure live seed(PLS=purity x germination). Furnish seed of the designated species in unopened bags or containers to the Landscape Architect before planting,with labels showing the date of the analysis to be no more than 12 mo.before the time of use. 1.8 DELIVERY,STORAGE AND HANDLING A. Seed and Other Packaged Materials: Deliver packaged materials in original,unopened containers showing weight,certified analysis,name and address of manufacturer,and indication of conformance with state and federal laws, as applicable. 1.9 MAINTENANCE SERVICE A. Initial Maintenance Service: Provide full maintenance by skilled employees of landscape Installer. Maintain as required in this specification. Begin maintenance immediately after each area is planted and continue throughout landscape maintenance period. 2.0 PRODUCTS 2.1 MATERIALS A. Type-Wildflower seed shall be as specified.The seed shall be harvested within 1 year prior to planting,free of Johnsongrass, field bind weed, dodder seed, and free of other weed seed to the limits allowable under the Federal Seed Act and applicable seed laws. The seed shall have a germination and purity that will produce, after allowance for Federal Seed Act tolerances, a pure live seed content of not less than 85 percent,using the formula:purity percent times (germination percent times plus hard or sound seed percent). Seed shall be labeled in accordance with U.S. Department of Agriculture rules and regulations. B. Amounts Item Rate Per 1000 Sq. Ft. Seed As per mix, see below Fertilizer As recommended by SGTexas Water As needed C. Shadow Creek Trail Wildflower Mix: 40 lbs/Ac Lady Bird's Legacy Mix 15 lbs/Ac Green Milkweed(Asclepias viridis) 2 lbs/Ac Sideoats Grama(Bouteloua curtipendula) 3 lbs/Ac Standing Cypress (Ipomopsis rubra) 3 lbs/Ac Rattlesnake Master(Eryngium yuccifolium) 2 lbs/Ac Little Bluestem,Gulf States(Schizachyrium scoparium) 2 lbs/Ac Indiangrass(Sorghastrum nutans) 2 lbs/Ac Butterfly Weed(Asclepias tuberosa) 3 lbs/Ac American Basketflower(Centaurea americana) 3 lbs/Ac Illinois Bundleflower(Desmanthus illinoensis) 3 lbs/Ac Partridge Pea(Chamaesrista fasciculata) 2 lbs/Ac 02932 - 2 339 SHADOW CREEK BIKE AND PEDESTRIAN TRAIL— SPECIAL SPECIFICATION WILDFLOWER SEEDING D. Shade Wildflower Mix: 40 lbs/Ac Lanceleaf Coreopsis(Coreopsis lanceolata) 3 lbs/Ac Golden-Wave(Coreopsis basilis) 3 lbs/Ac Black-Eyed Susan(Rudbeckia hirta) 3 lbs/Ac Scarlet Sage(Salvia coccinea) 3 lbs/Ac Winecup Perennial(Callirhoe involucrate) 3 lbs/Ac Pigeonberry(Rivina humilis) 3 lbs/Ac Shiny Goldenrod(Solidago nitida) 3 lbs/Ac American Beautyberry(Callicarpa americana) 4 lbs/Ac Blue Mistflower(Conoclinium coelestinum) 3 lbs/Ac Frostweed(Verbesina virginica) 3 lbs/Ac Lyre-leaf Sage(Salvia lyrata) 3 lbs/Ac Turk's Cap(Malvaviscus drummondii) 3 lbs/Ac Inland Sea Oats (Chasmanthium latifolum) 3 lbs/Ac E. Fertilizer: Use of Synthetic Fertilizer is prohibited.None permitted without written approval from Landscape Architect and Owner's Representative.Refer to Soil Treatment (See Specification 02916)for Organic Soil Fertility. All fertilizer recommendations will be specified and applied by Sustainable Growth of Texas 16000 FM 2920,Tomball, TX.,77377 Phone:1-512-636-3711 (SGTX). F. Wildflower seed is available from Native American Seed,Junction,TX, 800-728-4043. 3.0 EXECUTION 3.1 INSPECTIONS A. Surfaces indicated to be seeded shall be inspected to verify that all preparatory work in the area has been completed. Seeding shall not start until all preparatory work has been completed. B. Installation Payment Inspection. Contractor to make written request for inspection upon completion of installation.Payment will be made only after all hydromulch and associated materials have been completed,installed and approved in writing by the Landscape Architect and/or Owner's Representative. C. Final Payment Inspection. Final payment will be made only after Landscape Architect has determined hydromulched areas to be fully established. Establishment shall be defined as 95%cover with no bare areas in excess of six(6") inches diameter. Any sunk or eroded areas or any plants or materials deficient, dead or dying or exhibiting lack of healthy growth shall delay inspection approval and final payment until such items are corrected. D. Submit written requests for inspections to the Landscape Architect and Owner's Representative at least seven(7)days prior to anticipated inspection date. 3.2 PLANTING A. All areas to receive seed shall be mowed to grade and raked to remove clippings. B. Areas to receive seeding shall be loosened by manual or mechanical means to a depth of 1 '/z inches. 02932 - 3 340 SHADOW CREEK BIKE AND PEDESTRIAN TRAIL— SPECIAL SPECIFICATION WILDFLOWER SEEDING C. Spread mineral mix over area to receive top soil. Mineral mix to be determined and provided by Sustainable Growth Texas,LLC 16000 FM 2920,Tomball,TX.,77377 Phone:1-512-636-3711 or approved equal. Refer to Soil Treatment(See Specification 02916)for Organic Soil Fertility. D. Prior to application,all seed shall be treated with a Seed Coat provided by Sustainable Growth of Texas. 3.3 APPLICATION A. Areas from Station 10+00 to 16+00 and Station 44+00 to end, denoted on plans as Wildflower Area, shall be seeded with Shadow Creek Trail Wildflower Mix. B. Areas from Station 16+00 to 44+00,denoted on plans as Wildflower Area,shall be seeded with Shade-Friendly Wildflower Mix. C. Opening and application of seed shall be observed by Landscape Architect and/or Owner's Representative. Request for observation shall be made in writing 72 hours prior to anticipated application. D. Spread seed evenly over the prepared area. Roll with water-filled sod roller to compact seed/soil. E. Water thoroughly. F. Seeded Areas: If unplanted skips and areas are noted after germination,the Contractor shall be required to seed the planted areas with the grasses that were to have been planted at no additional cost to the Owner. 3.4 MAINTENANCE OF SEEDED AREAS A. After installation, seeded areas shall be watered in an amount and as often as necessary to keep seed beds moistened to their full depth for a period of 4 weeks. B. After initial weeks of watering, seeded areas shall be watered and maintained to insure a healthy,vigorous growth throughout the installation period and the landscape maintenance period. 3.5 GUARANTEE A. A written guarantee shall be provided guaranteeing to maintain the treated areas in a healthy,vigorous,undamaged condition for a period of 90 days beginning on the date of written acceptance of the work. B. Contractor shall guarantee a full stand of wildflowers,95% cover with no bare areas in excess of 6 inches diameter. C. Guarantee shall provide for timely filling, leveling and repairing eroded areas,reseeding areas exhibiting lack of healthy growth and fertilizing as necessary(per Soil Treatment— Section 02916)to maintain a neat appearance. 4.0 MEASUREMENT AND PAYMENT 4.1 MEASUREMENT 02932 - 4 341 SHADOW CREEK BIKE AND PEDESTRIAN TRAIL— SPECIAL SPECIFICATION WILDFLOWER SEEDING 1 A. `Wildflower Seeding' will be measured on a per square foot installed in place basis. 1. When'Soil Treatment' is specified as a separate pay item, it will be measured by the Application. 4.2 PAYMENT A. The work performed and materials furnished will be paid for at the unit price bid for `Wildflower Seeding' of the type specified,less 10%retainage to be held until Final Acceptance of the job.This price is full compensation for furnishing and installing the `Wildflower Seeding'. B. Payment Schedule for`Wildflower Seeding' of the size and type specified will be handled in the following manner: 1. Installation Payment.When the Wildflower Seeding, fine grading and installation of related materials are completed and approved by the Landscape Architect and/or Owner's Representative(Installation Payment Inspection, Section 3.01,B)and the measurement: a. 50%of the unit price bid will be paid. 2. Final Payment. When the Landscape Architect has determined the seeded areas to be fully established(Final Payment Inspection, Section 3.01,C): a. if seeded areas have achieved 95%cover with no bare areas in excess of six(6") inches diameter, are in healthy, undamaged condition and all eroded and sunk areas are filled and re-seeded then a Final Payment will be approved for 50% of the unit price bid for each related plant will be paid. b. if seeded areas have not achieved 95% cover with no bare areas in excess of six (6")inches diameter, are not in healthy,undamaged condition and not all eroded and sunk areas are filled and re-seeded then a Final Payment will not be approved until those items are corrected. C. When Soil Treatment(See Specification 02916) is specified as a separate pay item,the work performed and materials furnished in accordance with this item and measured as provided under"Measurement and Payment"will be paid for at the unit price bid'Soil Treatment' or 'Soil Treatment' of the type specified according to those specifications. Each price is full compensation for materials, equipment, labor,tools, and incidentals. END OF SECTION 02932 02932 - 5 342 SHADOW CREEK BIKE AND PEDESTRIAN TRAIL— SPECIAL SPECIFICATION EXTERIOR LANDSCAPE MAINTENANCE SECTION 02940 EXTERIOR LANDSCAPE MAINTENANCE 1.0 GENERAL 1.1 SUMMARY A. Related Sections 1. Soil Treatment-Section 02916 2. Hydromulching-Section 02921 3. Sodding- Section 02922 4. Planting- Section 02931 B. Contractor shall have crews and vehicles equipped with proper Personal Protective Equipment (PPE) and observe Safety Standards at all times during construction and maintenance activities. C. Drawings and General Provisions of Contract, including General and Supplementary Conditions and all applicable specification sections,apply to this section. 1.2 SCOPE A. Furnish all labor, materials and equipment as necessary to provide a chemical free organic soil fertility landscape maintenance program in strict accordance with the Specifications and Drawings as prepared by Talley Landscape Architects. 1. Contractor shall strictly follow the requirements of the Soil Treatment Section 02916 and employ©Sustainable Growth Texas,LLC 16000 FM 2920,Tomball,TX.,77377 Phone:1-512-636-3711 (SGTX) to manage and maintain all soil amendments, soil fertility, fertilizations, insecticides, herbicides, and all other management issues related to plants,trees, soils and bacteria. B. Maintain landscape plantings and maintain landscaped areas within the construction zone from the time material is acquired until the time of final approval and payment for the project. 1.3 QUALITY ASSURANCE A. Perform Work in accordance with all applicable laws, codes, and regulations required by authorities having jurisdiction over such work and provide for all permits required by local authorities. B. Reference Standards and Governing Agencies: The following documents and agencies govern the work except where more restrictive requirements are specified. 1. Texas Water Code Chapter 344 2. Irrigation in Texas is regulated by the Texas Commission on Environmental Quality (TCEQ) (MC-178), P.O. Box 13087, Austin, Texas 78711-3087. (www.tceq.state.tx.us.) 3. All local,municipal and state laws,and rules and regulations governing or relating to any portion of this work are hereby incorporated into and made a part of these 02940-1 343 SHADOW CREEK BIKE AND PEDESTRIAN TRAIL— SPECIAL SPECIFICATION EXTERIOR LANDSCAPE MAINTENANCE specifications, and their provisions shall be carried out by the Contractor. Anything contained in these specifications shall not be construed to conflict with any of the above rules and regulations and requirements of the same. 4. The most recent published edition of the ANSI: American National Standards Institute, 260.1:Nursery Stock. 5. Standardized Plant Names, 1942 Edition,American Joint Committee on Horticultural Nomenclature. 6. Occupational and Safety Health Administration(OSHA): General Industry(29 CFR 1910), Construction Industry (29 CFR 1926), OSHA Pamphlet 3861, OSHA Publication 3752. C. Use of Synthetic Fertilizer, Insecticides and Herbicides: None permitted without written approval from Landscape Architect and Owner's Representative. D. Inspections: 1. Monthly meetings will be held through maintenance with the Landscape Architect, Owner's representative and both Contractor's. 2. A written report will be provided by Contractors documenting work previous month's activities. 3. Landscape Architect will note any deficiencies or modifications necessary for Contractors. 4. Any sunk or eroded areas or any plants or materials deficient, dead or dying or exhibiting lack of healthy growth shall be repaired and/or replaced within sixty (60) days of notification by the Landscape Architect. E. For Chemical Free Soil Amendments: 1. The contractor must have a minimum of 6 years' experience with chemical-free installations and maintenance. Job references for projects that have integrated Sustainable Growth Texas products shall substantiate this experience. Evidence of long term performance consisting of performance statement letters or personnel for contact shall be furnished upon request. 2. Shall be Sustainable Growth Texas (SGTX), LLC 16000 FM 2920, Tomball, TX.,77377 Phone:1-512-636-3711 or approved equal. F. For Maintenance Performance on Chemical Free Project Contractor: 1. The landscape contractor must have a minimum of 6 years'experience with chemical- free installations and maintenance. Job references for projects that have integrated Sustainable Growth Texas products shall substantiate this experience. Evidence of long term performance consisting of performance statement letters or personnel for contact shall be furnished upon request. 1.4 CONTRACTOR RESPONSIBILITIES A. Contractor's maintenance of newly established planting and planting areas shall include but is not limited to watering, cultivating, weeding, mulching, re-staking, tightening and repairing of guys,resetting plants to proper grades or upright position and restoration of the planting saucer. B. Refer to Soil Treatments Section 02916 for Organic Soil Fertility. C. Contractor's maintenance of irrigation system(s),multiple, shall consist of monitoring and 02940-2 344 SHADOW CREEK BIKE AND PEDESTRIAN TRAIL— SPECIAL SPECIFICATION EXTERIOR LANDSCAPE MAINTENANCE adjustment of the duration and frequency of the watering schedule,adjustment of heads for coverage and elevation, repair of leaks in both mains and lateral lines, pump intake filter cleaning and all other work required to establish a complete working irrigation system. D. Contractor's maintenance of lawns (sod, hyromulch, hydroseed or other) shall consist•of mowing, watering, weeding,repair of all erosion and reseeding as necessary to establish a uniform stand of specified grasses. E. Contractor's maintenance regarding trash shall consist of picking up trash on site and emptying trash receptacles at each site visit. 1. Remove any trash within bed areas and reforestation zones. 2. No trash or debris generated by the visit of the Contractor shall be left on-site or be placed in any park trash receptacles. F. Routine maintenance will include repair of erosion and reseeding as necessary to re- establish turf areas to pre-construction state. 1.5 FINAL ACCEPTANCE A. Work under this section will be accepted by Landscape Architect upon satisfactory completion of all work, including maintenance, replacement of plant materials and lawns under the Warranty Period. Upon final acceptance, the Owner will assume responsibility for maintenance of the Work. 1.6 WARRANTIES AND REPLACEMENTS A. Any sunk or eroded areas or any plants or materials deficient, dead or dying or exhibiting lack of healthy growth shall be repaired and/or replaced within sixty (30) days of notification by the Landscape Architect. B. Any items replaced shall be warranted for two(2)years from the date of replacement. C. Contractor will not be responsible for losses due to Acts of God, such as flooding that may stay on-site for a period beyond 30 days. 1.7 MAINTENANCE INSTRUCTIONS A. At the completion of work, furnish two (2) copies of written maintenance instructions to Owner and one (1) copy to Landscape Architect for maintenance and care of all planting throughout the year. 2.0 PRODUCTS 2.1 MATERIALS A. Use of Synthetic Fertilizer, Insecticides and Herbicides: None permitted without written approval from Landscape Architect. B. Materials required for installed items shall match those already in use. C. Refer to Soil Treatment Section 02916 for Organic Soil Fertility. 02940-3 345 SHADOW CREEK BIKE AND PEDESTRIAN TRAIL— SPECIAL SPECIFICATION EXTERIOR LANDSCAPE MAINTENANCE 2.2 REQUIRED EQUIPMENT A. Contractor shall have available for their use maintenance equipment including but not limited to the following: 1. Personal Protective Equipment(PPE) 2. Fine or Manicure Mowers with deck cutting heights of four(4) inches or higher. 3. Gasoline Powered Edgers 4. Trash Collection Equipment 5. Line Trimmers 6. Miscellaneous Hand Tools,Rakes,Brooms,Etc. 7. Blowers 8. Accessory landscape item typical to landscape maintenance. 9. No vehicle or employee should have materials or necessary application equipment associated with liquid or other chemical herbicide, synthetic fertilizer or insecticides during the regular landscape maintenance program. 3.0 EXECUTION 3.1 WATERING A. It shall be the responsibility of the Contractor to assure that the correct watering of plant materials is being accomplished through the following irrigation criteria or techniques: 1. Regular deep watering to all new trees until there are definite signs that the trees have established themselves,new growth is apparent, and no trees are experiencing stress conditions. 2. Frequent watering to the lawn areas to insure against drying. This may be accomplished as above,by the automatic sprinkler system,hand watering or portable sprinklers. Contractor shall monitor settings of automatic sprinkler controls and recommend necessary adjustments according to climatic changes. 3. Contractor to ensure overwatering does not occur. B. Contractor shall be responsible for damages to irrigation system caused by maintenance operations. C. For watering of areas not covered by the irrigation system: 1. Contractor shall utilize a water truck or hydromulch machine to apply water by hand watering means. D. For watering of areas covered by the irrigation system prior to the irrigation system being operational: 1. Contractor shall utilize a water truck or hydromulch machine to apply water by hand watering means. 3.2 MAINTENANCE OF TURF AREAS A. Contractor s Mowing lawn/grass areas shall be accomplished with sharp,properly adjusted mowers of the correct size for the various areas. 02940-4 346 SHADOW CREEK BIKE AND PEDESTRIAN TRAIL— SPECIAL SPECIFICATION EXTERIOR LANDSCAPE MAINTENANCE B. Mowing frequency shall be as per the Landscape Maintenance Program.Blade heights shall be set according to the following schedule. 1. Four(4)inches-Initial Mowing 2. Four(4)inches-April—November 3. Four(4) inches-December—March C. In the event of a prolonged rainy period and a surge of leaf growth is anticipated,the mower height may be readjusted when approved in writing by the Landscape Architect to prevent "scalping" or skinning of lawn on preceding cuts. In no case shall more than 1/3 of grass • height be cut at one time. D. Lawn shall be edged evenly at all walks, headers and other structures as per the schedule. Use an edger,not a line trimmer. E. Until the establishment of the turf,the Contractor will be responsible for replacing soils that have eroded onto the paved areas. Residual soils on paving will be removed and if not mingled with objectionable materials may be re-used in eroded areas. F. Immediately upon observing any lawn grass spreading into shrub or groundcover areas,the Contractor shall initiate a program of removal and maintain this program throughout the maintenance period. G. Special effort shall be given to the control to fire ants infesting the site.The Contractor shall strictly follow a treatment regimen provided by SGTX. The ant mounds shall be lowered and tamped to the existing grade at each visit. H. The Contractor shall strictly follow a soil fertility(fertilizer)treatment regimen provided by SGTX. See Section 02916 (Soil Treatment) for Organic Soil Fertility. Use of Synthetic Fertilizer, Insecticides and Herbicides are prohibited. None will be permitted without written approval from Landscape Architect and Owner's Representative. 3.3 MAINTENANCE OF TREES AND SHRUBS A. At each site visit,Contractor shall adjust and tighten as required all tree staking and guying. Removal as directed by Landscape Architect and/or Owner's Representative. B. At each site visit, Contractor shall inspect to verify that at all times a three(3) inch layer of mulch is kept in place in all planter beds and in all tree rings. 1. Refer to Planting Section 02931 Mulch. C. At each site visit,all weeds within the mulched area around each tree and in each shrub bed shall be removed. Under no circumstances shall weeds and grass within planted areas be allowed to attain more than four(4)inches growth. D. Contractor shall becontinuously alert for signs of insect presence or damage or the presence or damage from plant fungi. Upon locating such evidence, the Contractor shall report it to the Landscape Architect and/or Owner's Representative in writing and take action as directed in writing. 02940-5 347 SHADOW CREEK BIKE AND PEDESTRIAN TRAIL— SPECIAL SPECIFICATION EXTERIOR LANDSCAPE MAINTENANCE 3.4 MAINTENANCE OF VINES A. Contractor shall trim vines as directed by the Landscape Architect and/Owner's Representative in writing. B. Vines shall be maintained at each site visit and kept trimmed to so as not to protrude more than twenty-four(24) inches from the climbing structure on either side at any time. C. Removal of vines directed by the Landscape Architect and/Owner's Representative in writing. 3.5 MAINTENANCE OF IRRIGATION SYSTEM A. Irrigation System: Maintenance of irrigation system(s), multiple, shall consist of monitoring and adjustment of the duration and frequency of the watering schedule, adjustment of heads for coverage and elevation, repair of leaks in both mains and lateral lines,pump intake filter cleaning(if part of the pump system), and all other work required to establish a complete working irrigation system. 3.6 MAINTENANCE OF TRASH AND DEBRIS A. At each site visit, Contractor shall be responsible for removing all debris from the site unrelated to horticultural maintenance(paper,bottles,cans,etc.). B. At each site visit, Contractor shall pick up trash from and empty trash receptacles. Contractor shall completely remove all debris including plastic bag and replace the bag with a new minimum three(3.0)mil thickness,black or clear bag. 4.0 SCHEDULES 4.1 LANDSCAPE MAINTENANCE PROGRAM EXECUTION OF ITEMS IN THIS SPECIFICATION SHALL BE PERFORMED AS PER THE FOLLOWING SCHEDULES AS APPLICABLE FOR THE MAINTENANCE PERIOD WHEN THE MAINTENANCE PERIOD FALLS WITHIN THE YEAR: MONTH # OF VISITS PER MONTH January 2 February 2 March 4 April 4 May 5 June 4 July 5 August 5 September 5 October 3 November 2 December 2 02940-6 348 SHADOW CREEK BIKE AND PEDESTRIAN TRAIL— SPECIAL SPECIFICATION EXTERIOR LANDSCAPE MAINTENANCE 4.2 TOPDRESS FERTILIZER A. See Section 02916 (Soil Treatment) for Organic Soil Fertility. 4.3 SOIL FERTILITY PROGRAM A. EXECUTION OF ITEMS IN THIS SPECIFICATION SHALL BE PERFORMED AS PER THE FOLLOWING SCHEDULES AS APPLICABLE FOR THE MAINTENANCE PERIOD WHEN THE MAINTENANCE PERIOD FALLS WITHIN THE YEAR: B. See Section 02916 (Soil Treatment)for Organic Soil Fertility. SGTX monthly visits Type of Monthly Treatment January Inspection/Liquid Compost Extract February Inspection/Dry,Organic Fertilizer March Inspection/Ant,Insect Treatment, nematodes April Inspection/Wet Mix May Inspection/Beneficials insects June Inspection/Dry, Organic Fertilizer, mineral July Inspection/Liquid application August Inspection/Beds additional mulch added September Inspection/Soil Tests October Inspection/Mineral Mix November Inspection/Liquid Application December Inspection/Dry,Hi Carbon Mix Application for continued build up of soil organic matter and the control of winter and spring weeds. 5.0 MEASUREMENT AND PAYMENT 5.1 5.01 MEASUREMENT A. Measurement for`Exterior Landscape Maintenance' shall be as specified on the bid form. B. Measurement for `Exterior Landscape Maintenance' shall be a separate line item in the bid tab only as it applies to the 1-year (12-month) maintenance period following final acceptance. 02940-7 349 SHADOW CREEK BIKE AND PEDESTRIAN TRAIL— SPECIAL SPECIFICATION EXTERIOR LANDSCAPE MAINTENANCE 5.2 PAYMENT A. During the 1-year(12-month)maintenance period,payment shall be made per the bid form. B. Separate payment will not be made for the work performed and materials furnished for Landscape Maintenance of the type specified, until the 1-year (12-month) maintenance period following final acceptance. END OF SECTION 02940-8 350 CITY OF PEARLAND SUMMARY OF WORK 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: B 10' wide bike and pedestrian trail, along the south bank of Clear Creek between Kirby Drive and the Shadow Creek Ranch Nature Trail. Trail construction will require selective clearing through wooded area. The trail will feature two trail heads with tables, trash receptacles, and shade structures; a 2" water line and water fountain; benches placed along the trail. C Allowances for pass-through purchasing by City: 1) Trailhead signs and interpretive signage; 2) Retaining wall murals; 3)Mitigation tree planting D Maintenance: 1) Maintenance of the trail and plantings until final acceptance. 2) 1-year maintenance contract following final acceptance. 1.03 WORK BY OWNER A N/A B 1.04 OWNER FURNISHED PRODUCTS A 2" Water Meter B 1.05 WORK SEQUENCE A 1) Contractor to provide Schedule of Work. 2) Contractor is responsible for coordinating with all other trades to ensure timely completion of the project according to plans. B Contractor to submit project schedule to Engineer & Owner for approval as specified in Section 01350—Submittals. 08/2016 01100- 1 of 2 351 CITY OF PEARLAND SUMMARY OF WORK — , C Contractor shall coordinate the Work with the Engineer and Owner as specified in Section 01310 - Coordination and Meetings. 1.06 FUTURE WORK A N/A 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 -Not Used END OF SECTION 08/2016 01100-2 of 2 352 SHADOW CREEK BIKE AND PEDESTRIAN ALLOWANCES TRAIL—SPECIAL SPECIFICATION Section 01110 ALLOWANCES 1.0 GENERAL 1.01 SECTION INCLUDES A Administrative and procedural requirements governing allowances. B Types of allowances include cash allowances for item selections to be made by owner and procured through the contract. 1.02 SUBMITTALS A Submit proposals for purchase of products or systems included in allowances. B Submit invoices or delivery slips to show actual quantities of materials delivered to the site for use in fulfillment of each allowance. C Submit time sheets and other documentation to show labor time and cost for installation of allowance items that include installation as part of the allowance; if applicable. D Coordinate and process submittals for allowance items in same manner as for other portions of the Work. 1.03 COORDINATION A Coordinate allowance items with other portions of the Work. Furnish templates as required to coordinate installation. 1.04 CASH ALLOWANCES A Use the cash allowance only as directed by Landscape Architect/Engineer for Owner's purposes and only by detailed invoices that indicate amounts to be charged to the allowance. B Contractor's overhead,profit,and related costs for products and equipment ordered by Owner under the cash allowance are included in the allowance and are part of 05/2018 01110- 1 of 3 353 SHADOW CREEK BIKE AND PEDESTRIAN ALLOWANCES TRAIL—SPECIAL SPECIFICATION the Contract Sum. These costs include delivery, installation, insurance, equipment rental, and all approved costs associated with procurement and installation. C Work Directive(s) authorizing use of funds from the cash allowance will include Contractor's related costs and reasonable overhead and profit margins per Section 00700, 7.06 Extra Work. D At Project closeout, credit unused amounts remaining in the cash allowance to Owner by Balancing Change Order. 1.05 ADJUSTMENT OF ALLOWANCES A Allowance Adjustment: To adjust allowance amounts, prepare a Change Order proposal based on the difference between purchase amount and the allowance, multiplied by final measurement of work-in-place where applicable. 1. Include installation costs in purchase amount only where indicated as part of the allowance. 2. If requested,prepare explanation and documentation to substantiate distribution of overhead costs and other margins claimed. 3. Owner reserves the right to establish the quantity of work-in-place by independent quantity survey, measure, or count. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION 3.01 EXAMINATION A Examine products covered by an allowance promptly on delivery for damage or defects. Return damaged or defective products to manufacturer for replacement. 3.02 PREPARATION A Coordinate materials and their installation for each allowance with related materials and installations to ensure that each allowance item is completely integrated and interfaced with related work. 3.03 SCHEDULE OF ALLOWANCES A Allowance No. 1 — Landscape Amenity (Interpretive Sign): Include the sum of eighty thousand and no/100 dollars ($80,000.00) for interpretive signage to be fabricated, delivered, and installed along the trail system. B Allowance No. 2-Landscape Amenity(Trailhead Sign): Include the sum of fourty thousand and no/100 dollars ($40,000.00) for signage to be fabricated, delivered, and installed at the trail head. 05/2018 01110-2 of 3 354 SHADOW CREEK BIKE AND PEDESTRIAN ALLOWANCES TRAIL—SPECIAL SPECIFICATION C Allowance No. 3—Mitigation Tree Planting: Include the sum of fifty thousand and no/100 dollars ($50,000.00) for mitigation of any protected trees removed during the course of clearing. This allowance covers purchase, planting, and maintaining these trees. D Allowance No. 4 — Retaining Wall Murals: Include the sum of seventy five thousand and no/100 dollars ($75,000.00) for murals etched, painted, or permanently installed on retaining walls along the trail. END OF SECTION 05/2018 01110-3of3 355