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R2024-011 2024-02-26RESOLUTION NO. R2024-11 A Resolution of the City Council of the City of Pearland, Texas, awarding a construction services contract associated with the Shadow Creek Trail Project (Phase 2), to Tandem Services, LLC., in the amount of $1,830,530.25. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That competitive bids were obtained for construction services. Section 2. That the City Council hereby awards a contract to Tandem Services, LLC., in the amount of $1,830,530.25. Section 3. The City Manager or his designee is hereby authorized to execute a construction services contract associated with the Shadow Creek Trail Project. PASSED, APPROVED and ADOPTED this the 26th day of February, A.D., 2024. _____________________________ J.KEVIN COLE MAYOR ATTEST: _____________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ________________________________ DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 247ED4DD-329B-40D1-8ACB-567A6E851F38 Project Manual for: Shadow Creek Trail Phase II - Along Clear Creek Relief Ditch COP Project No. : PK 2003 Bid No. : ITB 0823- 19 November 14, 2023 Prepared By: Gauge Engineering, LLC 11750 Katy Freeway, Suite 400 Houston, TX 77079 SHADOW CREEK TRAIL PHASE II—ALONG CLEAR CREEK RELIEF DITCH CITY OF PEARLAND BRAZORIA COUNTY, TEXAS TABLE OF CONTENTS NOTE: Bold Specification Sections can be found on the City of Pearland Website at https://www.pearlandtx.gov/departments/ell,()-iiieei-iiig-an(I-cal)ita l-projects/en�i division/standard-construction-documents (or at littps://www.pearlandtx.gov/ by going to the Department of Engineering,Engineering Construction Documents). SECTION TITLE DIVISION 0—BIDDING AND CONTRACT DOCUMENTS 00100 Invitation to Bid 00200 Instructions to Bidders 00300 Bid Proposal 00500 Standard Form of Agreement 00610 Performance Bond 00611 Payment Bond 00612 One-Year Maintenance Bond 00615 Partial Waiver of Lien 00700 General Conditions of Agreement 00701 Attachment No. 1 00702 Attachment No. 2 00703 Attachment No. 3 00800 Special Conditions of Agreement 00811 Wage Scale for Engineering Construction 00812 Wage Scale for Building Construction 00900 Addendum Template ebid DIVISION 1 —GENERAL REQUIREMENTS 01100 Summary of Work 01140 Contractor's Use of Premises 01200 Measurement and Payment Procedures 01200S 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 01554 Street Sign 00010- 1 of 4 CITY OF PEARLAND TABLE OF CONTENTS 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 02415 Augering Pipe or Casing for Sewers 02417 Angering Pipe or Casing for Water Lines 02510 Water Mains 02511 Water Meters 02512 Polyethylene Wrap 02513 Steel Pipe and Fittings for Large Diameter Water Lines 02514 Fire Hydrant Assembly 02515 Water Tap and Service Line Installation 02520 Valve Boxes,Meter Boxes, and Meter Vaults 02530 Gravity Sanitary Sewers 02531 Sanitary Sewer Service Leads or Reconnections 02532 High Density Polyethylene(HDPE) Solid Wall Pipe 02533 Sanitary Sewage Force Mains 02534 PVC Pipe 02540 Tapping Sleeves and Valves 02541 Water and Wastewater Line Valves 02542 Concrete Manholes and Accessories 02582 Thermoplastic Pavement Markings 02603 Frames, Grates, Rings, and Covers 02624 Structural Plate Culvert Structures 00010-2 of 4 CITY OF PEARLAND TABLE OF CONTENTS 02628 Jacking Pipe or Box 02629 Safety End Treatments 02630 Storm Sewers 02631 Precast Inlets,Headwalls, and Wingwalls 02632 Cast-in-Place Inlets,Headwalls, and Wingwalls 02633 Adjusting Manholes, Inlets, and Valve Boxes 02634 Ductile Iron Pipe and Fittings 02635 Steel Pipe and Fittings 02636 Polyurethane Coating on Steel or Ductile Iron Pipe 02710 Base Course for Pavement 02741 Asphaltic Concrete Pavement 02742 Prime Coat 02743 Tack Coat 02744 Single Course Surface Treatment 02751 Concrete Paving 02762 Temporary and Removable Reflectorized Pavement Marking 02770 Curb, Curb & Gutter, and Headers 02771 Concrete Sidewalks 02775 Concrete Driveways 02811 Landscape Irrigation 02820 Wood Fences and Gates 02821 Chain Link Fences and Gates 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 13730 Computer Equipment TEXAS DEPARTMENT OF TRANSPORTATION SPECIFICATIONS Standard TxDOT specifications not attached herein can be found here: https://www.tx(lot.-oN,/business/resources/txclot-specibcations.Ittiul and are incorporated into this Invitation to Bid by reference as if copied verbatim. TxDOT SPECIFICATIONS TxDOT 360 Concrete Pavement TxDOT 403 Temporary Special Shoring TxDOT 416 Drilled Shaft Foundations TxDOT 420 Concrete Substructures TxDOT 423 Retaining Walls TxDOT 432 Riprap 00010-3 of 4 CITY OF PEARLAND TABLE OF CONTENTS TxDOT 450 Railing TxDOT 464 Reinforced Concrete Pipe TxDOT 466 Headwalls and Wingwalls TxDOT SS4122 Thermoplastic Pipe TxDOT SS4196 Prefabricated Pedestrian Steel Truss Bridge Span END OF SECTION 00010-4 of 4 CITY OF PEARLAND INVITATION TO BID Section 00100 INVITATION TO BID CITY OF PEARLAND, TEXAS LOWEST RESPONSIBLE BIDDER Sealed Electronic Bids will be accepted for the following project, in the City's E-bid System. Electronic bids shall be submitted through the City's web site at: https://peariand.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, December 7, 2023. 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 Ranch Trail Phase 11 - Along Clear Creek Relief Ditch City of Pearland, Texas COP PN: PK2003 BID NO.: ITB 0823-19 A mandatory pre-bid conference will be held at Engineering & Public Works Department located at 2016 Old Alvin Road, Rio Grande Training Room, Pearland, Texas 77581 at 2:00 p.m. on Tuesday, November 28, 2023. 06-2021 00100- 1 of 4 CITY OF PEARLAND INVITATION TO BID The project will entail constructing a 10—feet wide reinforced concrete trail with a 170 linear feet prefabricated steel truss pedestrian bridge, handrail, retaining wall, and storm drain pipe and outfall structures. Upon award of a contract, the successful Bidder will be required to utilize the City's web based project management platform 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://peariand.ionwave.net/Lggin.aspxx upon registration. The documents are NOT viewable without registration. These same documents may 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 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 06-2021 00100-2 of 4 CITY OF PEARLAND INVITATION TO BID lowest two bidders and delivered to the City's Purchasing Officer within 48 business hours of the Bid Opening. Bid Security shall be delivered to: Office of City Purchasing, Finance Department, City Hall Annex, 3523 Liberty Drive, Pearland, Texas 77581. The successful Bidder must furnish Performance and Payment Bonds as required by Chapter 2253 of the Texas Government Code or other applicable law, as amended, upon the form included in the Contract Documents, in the amount of one hundred percent (100%) of the contract price, such bonds to be executed by a corporate surety duly authorized to do business in the State of Texas, and named in the current list of"Treasury Department Circular No. 570", naming the City of Pearland, Texas as Obligee. Additionally, the successful bidder shall be required to provide a one year Maintenance Bond for the improvements installed as part of this work, as provided in the Special Conditions of Agreement. Equal Opportunity: All responsible bidders will receive consideration for award of contract without regard to race, color, religion, sex, or national origin. The contractor, sub-recipient, or sub-contractor 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 agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 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 0%. 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 Bidder. In identifying this criteria the City will consider: 1) lowest total bid price for all work listed and specifically requested, including but not limited to: Base Bid, Extra Work items and selected Alternates. The City of Pearland reserves the right to award a contract based on any combination of the above considered to be in its best interests or to reject any or all bids. 06-2021 00100-3 of 4 CITY OF PEARLAND INVITATION TO BID A bid that has been "opened" may not be changed for the purposes of correcting an error in the bid price. Frances Aguilar City Secretary, City of Pearland First Publication date November 15, 2023 Second Publication date November 22 2023 06-2021 00100-4 of 4 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Section 00200 INSTRUCTIONS TO BIDDERS 1. Defined Terms 1.1 The term "Owner" hereinafter is defined as the City of Pearland and is used interchangeably with the term "the City". Both terms are synonymous and refer to the City. 1.2 The term "Bidder" means one who submits a Bid Proposal directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest responsible Bidder to whom the Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bid Documents" includes the Invitation to Bidders, Instructions to Bidders, the Bid Proposal, and the proposed Contract Documents (including all Addenda issued prior to receipts of bids). 1.3 The term "E-bid System" refers to the City's electronic bidding system. This is a web- based system that provides all Bid Documents electronically to potential Bidders and forms the pathway for interested Bidders to submit bids in response to advertisement and invitation. The term "e-bid" and/ or "electronic bid" means the Bidders' electronic response submitted on the electronic Bid Proposal to the Owner by way of the E-bid System. The terms "electronic bid" or "e-bid" are used inter-changeably to describe the above bid process to submit an authorized bid to the City in response to an Invitation to Bidders. 1.4 The term "Pro-Trak" means the City's web-based contract administration and construction records management system used by involved parties to administer the project. This system serves as the web accessed centralized information distribution hub for communications and document management, pay application processing and record retention for all project documentation. Operational instructions for this system will be issued to the successful Bidder at the pre-Construction Meeting. 1.5 All other definitions set out in the Contract Documents are applicable to terms used in the Bidding Documents. 1.6 Unless otherwise expressly provided herein, all references to "day(s)" shall mean consecutive calendar day(s). 2. Registration for E-bid System 2.1 The Owner's E-bid System is accessible via the City's web site at https://pearland.ionwave.net/Loy>in.aspx. Bid documents can be viewed by simply selecting a specific project from the BID OPPORTUNITIES list and clicking on that project AFTER registration as a Supplier. Potential Bidders MUST REGISTER as a "Supplier"by clicking on the Supplier Registration button and completing the registration form. When prompted to add or remove commodity codes registrants must add the codes listed below: * Building Construction Services, New(Includes Maintenance and Repair Services) * Construction Services, General (Includes Maintenance and Repair Services) * Construction Services, Heavy (Includes Maintenance and Repair Services) * Construction Services, Trade (New Construction) 12-2014 00200- 1 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Select the appropriate Time Zone for the Bidder's location and whether that location observes Daylight Savings time. Complete the registration information providing all required contact information and establish password security for the E-bid System. Once complete, "suppliers" will receive emails notifying of bid opportunities. Downloading any project bid data will automatically place the bidder's contact information on the list of plan holders list and the E- bid System will automatically send any and all updates, changes or addenda associated with that project. 2.2 The electronic Bid Proposal can only be submitted through this system. The form can be printed for Bidder's use, but the Bid Proposal MUST be submitted on the electronic form within the E-bid System. 2.3 Questions regarding use of the E-bid System may be directed by email to: ebi ds(a?pearlandtx.L7oovv. 3. Copies of Bidding Documents 3.1 Complete sets of "electronic" Bidding Documents are available for download to registered Bidders at No Cost from the City's E-bid System at: www.cityofpearland.org/bids. Interested Bidders must register as a "Supplier" on this site in order to receive the Bid Documents, and all Addenda or other notifications of changes, including communications from the Owner or Engineer. All Bid Documents are available to download and print. 3.2 The Bidder accepts sole responsibility for ensuring that he obtains a full set of these documents by completing the registration and executing a full and complete download of the project documents. Downloading of Bid Documents automatically ensures receipt of any and all subsequent communications from the City or its Engineer. 3.2 Copies of Bidding Documents are available or may be viewed at any of the Plan Houses listed in the Invitation to Bidders. It is recommended that all interested Bidders, whether bidding directly to the Owner or Sub-bidders bidding to a Bidder, register as a Supplier and download the project Bid Documents. 3.3 Complete sets of Bidding Documents must be used in preparing Bid Proposals; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents including, but not limited to all Addenda issued prior to bid. 3.4 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bid Proposals on the Work, and do not confer a license or grant for any other use. 4. Qualifications of Bidders 4.1 In determining to whom to award a contract, the City of Pearland may consider, in addition to the other selection criteria identified in section 16 of these Instructions to Bidders, the following Qualifications of Bidder, and each Bidder must be prepared to submit within two (2) days of Owner's request any or all of such Qualifications requested: 1) A brief narrative of previous experience of the Bidder with projects of a similar nature and scope; 12-2014 00200-2 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 2) A list, including owner name and project location, of on-going projects and contracts for construction of projects of the Bidder which are not yet substantially complete; 3)A list of proposed subcontractors and suppliers for the project being bid; 4) A list of name, address and telephone number of references for projects completed by Bidder; and 5) A Financial Statement of Bidder, consisting of the balance sheet and annual income statement of Bidder for the Bidder's last fiscal year end preceding the submission of the Bid Proposal, which has been audited or examined by an independent certified public accountant. The Financial Statement of Bidder shall be used to determine a Bidder's net working capital, which is defined as current assets less current liabilities. A Bidder's net working capital shall be considered evidence of the Bidder's ability to provide sufficient financial management of the project being bid. The Bidder's Financial Statement shall be clearly and conspicuously marked as "confidential", and shall be deemed and treated as confidential and excepted from the Public Information disclosure requirements of Texas Government Code Section 552.001 et seq., as such information, if released, would give advantage to a competitor or bidder, and/or would cause substantial competitive harm to Bidder. 5. Examination of Contract Documents and Site 5.1 It is the responsibility of each Bidder before submitting a Bid Proposal, to (a) examine the Bidding Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors, omissions or discrepancies in the Contract Documents, (f) to recognize and plan for use of the City's "Pro-Trak" software to administer the construction process and perform the work of the project. 5.2 Any reports of explorations and tests of conditions at the site which have been utilized by the Engineer in preparation of the Contract Documents will be made available to Bidders for review, but such reports are not part of the Contract Documents. Bidder may not and should not rely upon the accuracy of the data contained in such reports, interpretations or opinions contained therein, or the completeness thereof, for the purposes of bidding or construction. 5.3 Information and data reflected in the Contract Documents with respect to underground utilities, equipment or other underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof. 5.4 Before submitting a Bid Proposal, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid Proposal prices for performing and furnishing the Work in 12-2014 00200-3 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS accordance with the Contract Time, Contract Price and other terms and conditions of the Contract Documents. 5.5 On request in advance, Owner will provide each prospective Bidder access to the site to conduct such explorations and tests as each prospective Bidder deems necessary for submission of a Bid Proposal. Prospective Bidders shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 5.6 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands, access thereto or contractual arrangements for use by the Contractor required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 5.7 The submission of a Bid Proposal will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid Proposal is premised upon performing and furnishing all of the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in, required by or reasonably inferred from the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 6. Interpretations and Addenda 6.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered or transmitted by electronic means to all registered Bidders in the City's E-bid System. Questions received less than five (5) days prior to the date for opening of Bid Proposals may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. Addenda will automatically be made available to all registered Bidders that have downloaded Bid Documents from the City's E-bid System. 7. Bid Security 7.1 Each Bid Proposal must be accompanied by bid security made payable to Owner in an amount of five percent (5%) of the Bidder's maximum Bid Proposal price, in the form of a certified check, cashier's check or a Bid Bond ("Bid Security"). 7.2 Bidders submitting bids through the E-bid System shall scan and up-load a copy of their Bid Security (sealed Bid Bond, Certified Check or Cashier's Check ) as an attachment to their electronic bid. Original documents for Bid Security shall be requested by the City from the lowest two bidders and delivered to the City's Purchasing Officer within 48 12-2014 00200-4 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS business hours of the Bid Opening. Bid Security shall be delivered to: Office of City Purchasing, Finance Department, 2nd Floor City Hall, 3519 Liberty Drive, Pearland, Texas 77581. 7.3 The Bid Security of the Successful Bidder will be retained until such time as Bidder has executed the Standard Form of Agreement, and furnished the required Performance and Payment Bonds, whereupon the Bid Security of both bidders will be returned. If the Successful Bidder fails to execute and deliver the Standard Form of Agreement and furnish the required performance and payment bonds within ten (10) days after the Notice of Award, Owner may annul the Notice of Award and shall be entitled to make a claim against the Bid Security. The Bid Security of other Bidders will be retained until the Contract is awarded and the Standard Form of Agreement becomes effective, or all bids are rejected, whereupon Bid Security furnished by all such Bidders will be returned. 8. Contract Time 8.1 The number of days in which the Work is to be Substantially Completed, as set forth in the Bid Proposal form and the Standard Form of Agreement, subject to such extension of time as may be due under the terms and conditions of the Contract Documents ("Contract Time"). All references to "time" or"days" shall be interpreted as consecutive calendar days. 9. Liquidated Damages and Early Completion Bonus 9.1 Provisions for liquidated damages and early completion bonus, if any, are set forth in the Standard Form of Agreement. 10 Substitute or "Or-Equal" Items 10.1 The Contract, if awarded, will be on the basis of the selected materials and equipment described in the Plans or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Plans or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by the Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Agreement becomes effective. All "or-equal" references shall be interpreted to mean "or approved equal". The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in the Contract Documents. 11. Bid Form 11.1 The Bid Proposal form (Section 00300 — Bid Proposal) is included with the Bidding Documents when downloaded. This Document must be printed and signed, as required below, and then uploaded as an Attachment to the Bid. All E-bids must be submitted on the City's official E-bid System Bid Proposal document. All blanks on the Bid Proposal form must be completed or filled in. The Bidder shall bid all Alternates, if any. Incomplete Bid Proposals may be cause for rejection. 11.2 Bid Proposals by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied be evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. 12-2014 00200-5 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS The corporate address and state of incorporation must be shown below the signature. Once executed the document is to be uploaded as an attachment to the Bid. 11.3 Bid Proposals by partnerships must be executed in the partnership name and signed by a general partner, whose title must appear under the signature, and if a corporate general partner, executed as required above for corporations and the official address of the partnership must be shown below the signature. All names must be typed or printed below the signature. Once executed the document is to be uploaded as an attachment to the Bid. 11.4 The Bidder shall acknowledge receipt of all Addenda (the number of which must be filled in on the Bid Proposal form). 11.6 The address and telephone number for communications regarding the Bid Proposal must be shown on the Bid Proposal form. 12. Submission of Bid Proposals 12.1 The place, date and/or time designated for opening Bid Proposals may be changed in accordance with applicable laws, codes and ordinances. Any such changes to the Bid Schedule shall be made by Addenda. 12.2 Electronic Bids shall be submitted per the requirements, instructions, terms and conditions as stated in the registration and submittal instructions of the City's E-bid System electronic bidding software. All Bidders utilizing this system MUST register as a potential supplier, (Bidder). E-Bids are submitted directly via the City's Web based system located at https://Pearland.ionwave.net/Login.aspx. Bid Proposals submitted after the bid date and time will be rejected. 13. Modification and Withdrawal of Bid Proposals 13.1 Prior to submission, E-bid Bid Proposals may be modified or withdrawn without prejudice. 13.2 Once submitted, Bid Proposals may only be modified by an appropriate document duly executed (in the manner that a Bid Proposal must be executed) and delivered to Office of City Purchasing, Finance Department, 2nd Floor City Hall, 3519 Liberty Drive, Pearland, Texas 77581 and submitted any time prior to the opening of Bid Proposals. 13.3 A Bidder may not modify or withdraw its Bid Proposal by facsimile or verbal means. A withdrawn Bid Proposal may be resubmitted prior to the designated time for opening Bid Proposals. No bid may be withdrawn or terminated for a period of sixty (60) days subsequent to the bid opening date without the consent of the City of Pearland. 13.4 If, within twenty-four (24) hours after Bid Proposals are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material mistake in the preparation of its Bid Proposal, that Bidder may request to withdraw its Bid Proposal and the bid security may be returned or, at the discretion of the Owner, Owner may make a claim against the bid security. Thereafter, that Bidder will be disqualified from further bidding on the Project to be provided under the Contract Documents. 12-2014 00200-6 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 14. Opening of Bid Proposals 14.1 Bid Proposals will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of the base Bid Proposals and major alternates (if any) will be made available to Bidders after the opening of Bid Proposals. Bid Proposals, in their entirety, shall be open for public inspection after the contract is awarded, with the exception of any trade secrets or confidential information contained therein, provided Bidder has expressly identified any specific information contained therein as being trade secrets or confidential information. 15. Bid Proposals to Remain Subject to Acceptance 15.1 All Bid Proposals will remain subject to acceptance for sixty (60) days after the day of the Bid Proposal opening, but Owner may, in its sole discretion, release any Bid Proposal and return the bid security prior to that date. 16. Award of Contract 16.1 Owner reserves the right to reject any and all Bid Proposals, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. Owner may reject a bid as non-responsive if: 1) Bidder fails to provide required Bid Security; 2) Bidder improperly or illegibly completes or fails to complete all information required by the Bidding Documents; 3) Bidder fails to sign the Bid Proposal or improperly signs the Bid Proposal; 4) Bidder qualifies its Bid Proposal; 5) Bidder tardily or otherwise improperly submits its Bid Proposal; 6) Bidder fails to submit the Qualifications of Bidder as required under section 3 of these Instructions to Bidders; or 7) Bid Proposal is otherwise non-responsive. Contracts are awarded on the basis of one of the following criteria: A)provision of the "Best Value" or B) Lowest Responsible Bidder 16.2 Best Value. In determining the best value for the Owner, and in determining to whom to award a contract, Owner may consider: 1) purchase price; 2) reputation of the Bidder and Bidder's goods or services; 3) quality of Bidder's goods or services; 4) extent to which the goods or services meet the Owner's needs; 5) Bidder's past relationship with the Owner; 6) impact on the ability of Owner to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; 7) total long-term cost to Owner to acquire Bidder's goods or services; 8) the Qualifications of Bidder; and 9) any other relevant criteria specifically listed in the Bidding Documents. A contract to be awarded to the Bidder offering the Best Value may be let on either a lump sum basis or a unit cost basis dependent on the Bid Proposal format. 16.3 Lowest Responsible Bidder. In determining Lowest Responsible Bidder, Owner will consider: Lowest Total Bid price for all work including Base Bid, Extra Work and Alternates, if any, and any other cost criteria. Additional evaluation criteria may include: the Qualifications of the Bidders, whether or not the Bid Proposals comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Proposal form or prior to the Notice of Award. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the 12-2014 00200-7 of 8 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. A contract to be awarded to the Lowest Responsible Bidder may be let on either a lump sum basis or a unit cost basis dependent on the Bid Proposal format. Acceptance of any and all bids may be conditioned on compliance with the requirement for attendance of the mandatory pre-bid meeting. 16.4 In either case, Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid Proposal and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents, to Owner's satisfaction, within the Contract Time. 17. Contract Security 17.1 When the Successful Bidder delivers the executed Standard Form of Agreement to Owner, it must be accompanied by the Performance, Payment, Maintenance and Surface Correction Bonds required by the Contract Documents. Bonds may be on the forms provided herein or an equal form containing no substantive changes, as determined by Owner. 18. Signing of Agreement 18.1 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Standard Form of Agreement, and the required Performance and Payment Bond forms. Within ten (10) days thereafter Contractor shall sign and deliver the required number of counterparts of the Standard Form of Agreement to Owner with the required Bonds. Within ten (10) days thereafter, Owner shall deliver one fully signed counterpart to Contractor. There shall be no contract or agreement between Owner and the Successful Bidder until proper execution and attestation of the Standard Form of Agreement by authorized representatives of the Owner. 19. Pre-bid Conference 19.1 A pre-bid conference will be held as indicated in the Invitation to Bid. 20. Retainage 20.1 Provisions concerning retainage are set forth in the Contract Documents. END OF SECTION 12-2014 00200-8 of 8 CITY OF PEA RLAND BID PROPOSAL Section 00300 BID PROPOSAL Lowest Responsible Bid Date: 12/7/2023 Bid of Tandem Services, LLC an individual proprietorship / a corporation organized and existing under the laws of the State of Texas / a partnership consistingof , for the construction of: Shadow Creek Trail Phase II — Along Clear Creek Relief Ditch City of Pearland, Texas COP PN: PK 2003 BID NO.: ITB 0823-19 (Submitted in Electronic format) To: The Honorable Mayor and City Council of PearlandCity 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 Trail Phase 11 — Along Clear Creek Relief Ditch, with all related appurtenances, complete, tested, and operational, in accordance with the Plans and Specifications prepared by City of Pearland, 3519 Liberty Dr., Pearland, TX 77581, 281-652-1600, 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 theparts 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 process. 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 stated and for the prices stated in Exhibit A of this proposal along with all required insurance in the required amounts. 08-2018 Bidder's Initial's: 00300- Vf 3 CITY OF PEA RLAND BID PROPOSAL The undersigned Bidder agrees to commence work within 10 days of the date of a written Notice to Proceed. It is understood that the Work is to be Substantially Complete within 90 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 Section 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 if required, each in the amount of one hundred (100) percent of the Contract Price, along with all required insurance in the stated amounts within ten (10) days of the Notice of Award, the Successful Bidder will forfeit the Bid Security as provided in the Instructions to Bidders. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s). The Bidder acknowledges that the following Addenda have been received. The modifications to the Bidding Documents noted therein have been considered and all costs thereto are included in the Bid Proposal prices. Addendum No.: 1 Date: 12/1/2023 Addendum No.: Date: Addendum No.: Date: Addendum No.: Date: Bidder hereby represents that the only person or parties interested in this offer as principals are those named. Bidder has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding. Firm Name: Tandem Services LLC By:Z�Iu,z� �rL Title: Dustin J nson, Partner Address:1100 Winfield Ln Kemah TX 77565 Phone No: 281-947-8378 ATTEST: Ella Crutcher (Seal, if Bidder is a Corporation) (Typed or Printed Name) CI& Cuze�h Signature Date: 12/7/2023 END OF SECTION 08-2018 Bidder's Initial's: 00300 of 2 0 0 000 ON 00 OOCD 0000 0 000 0 0 0000 000 a (ioo C� 0 0000 00 000 00 00 (0 00000 q 0 C?q 0 . . . ci C;q 0000 L6 — 0 (::�q C�0 0 q CDqO060 q (6000 0 0 Iq q 6 LQ 000 0000 'T (000000 0 00u)Oq 0 0)0 C\l It CY) 0'IT I- 00000000 (D Lf) 0 0000 0000)000 0�0 - OMM66LON C)r-- co 6�:P—0 M Cy�C6 W L,6,.:q 00 q C�rl-�(q L6 It 6 cyl r-, & 0 V) IQ cq 00 r-0 00 CY)—,LID C\l cq(q C\J N cq C\! 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WO 0 0 z U < u Z 0 0 F- z o < < z < z 0 u z z za M 0 y OO Z- d 0 U z 0 z z 0 z Zo < b z se 0 ZW z < 0 z 0 LD z , 0 t; , - u ?= - D z u w < w o z t ti zxoz �3 lz oot - 0 C, w � < z uj x :r - Z u �� 0 ii 'D < b w. , , " . < z 0 ww . - Z 0 az o w Z 8 - D z. , 000 0 Z � Pdzz U , z do w t7l z z ::T z < 0 = 5: i F. 0 D 0 d < I- on 0 z 2 ja z w z tz 0 Z < z f- z z z U 0 0 &0 E z , 2 K , � a 'i u U u .25 05 C-6 .6 2 0uz 0��Q o Z. 0 z E z < - �n us > u > C, 0 2 z u :cc 0 u u Z3 0 Z 0 00 0 U < u 0 0 < < < ::2 Z = o < 2 - �� ;� �� . 1 0 Oyu w I w z z � >- w F- I. u 0 a I, � 7c UO a o flzl 1-- u H U - mi u z < F- z o t= U< Ili 1� z :3 11 Z2 0 Z 2 F- < F- z z 31 W Z < < 0 F- CY w w x 72 'R m :2 m M '2mmmmm iz M, MM M he 0 z cm, Z- Z�Z"�5 5 FJE� 11 �F3 z 2 Shadow Creek Trail Phase II•Along Clear Creek Relief Ditch Bid No.:ITB 0823.19 Construction Bid Tabs I�,lIYl4, ?I I BIDS RECEIVED:December 70h,2023 OWNER:SHADOW CREEK TRAIL PHASE 11•ALONG CLEAR CREEK RELIEF DITCH BID NUMBER 1 #OF 81DS: 1 FINAL Tandem Services,LLC Information ENGINEER'S 4425 FM 2351,SUITE 5 AVERAGE #OF ITEMS:38 ESTIMATE Friendswood,TX 77546 No. Section Description Units Quantity Unit Cost Total Unit Cost Total Unit Cost Total /,i isME 1.1 01505 Mobilization(Not to exceed 3%of Total Base Bid) LS 1 S52,026.62 $52,026.62 $53,000.00 $53,000.00 $53,W0.00 $53,000.00 1.2 01555 Traffic Control and Regulation LS 1 $34,004.33 S34,004.33 $30,000.00 S30,000.00 S30,C00.00 $30,000.00 1.3 02931 Transplant Trees EA 5 $1,500.00 $7,500.00 $2,000.00 $10,0DO.00 $2,000.00 $10,000,00 1A 02200 Site Preparation AC 2 $7,000.00 $14,000.00 $2,500.00 $5,000.00 52,500.00 S5,000.00 General Items Subtotal $107,530.95 $98,000.00 $98,000.00 DEMOLITION 2.1 02220 Remove&Dispose Co nc ete Sidewalk SY1 47 1 $6.001 $282,001 $10,001 $470.001 $10,W $470.00 2.2 02220 Remove&Dispose of Existing Sim Swr Pipe(All Types and all Sizes) LF 139 $10.00 $1,390.00 $30,00 $4,170.00 $30.00 $4,170.00 2.3 02220 Remove&Dispose of Concrete Riprap BY 237 $44.00 $10,428.00 $10.00 $2,370.00 $10.00 $2,370.00 2A 02220 Remove&Dispose Manhole EA 1 2 1 $500.00 $1,000.00 $850.00 $1,700.00 S850.D0 $1,7DO.00 Demolition Items Subtotal $13,100.00 $8,710.00 $8,710.00 TRAIL ITEMS 3.1 01200S Grading,Including necessary 811 to bring sidewalk to proposed surface elevation SY 4136 $8.00 $33,104.00 $2.60 $10,345.00 $2.50 $10,345.00 3.2 02771 Trail 8-inch Thick SF 16705 $13.00 $217,165.00 $11.65 $194,613.25 $11.65 $194,613.25 3.3 02316 General Fill CY 235 $25.00 $5,875.00 $6.00 $1,410.00 $6.00 $1,410,00 3.4 02316 Excavation and Offsite Diposal(including swales and channel) CY 454 $20.00 $9,080.00 $17.00 $7,718.00 $17.00 $7,718.00 3.5 02330 Select Fill CY 340 $30.00 $10,200.00 $44.00 $14,960,00 $44,00 $14,960.00 3.6 TxDOT 0450-6051 Rail(Handraig(TY E) LF 898 $160.00 $143,680.00 $160.00 $143,680.00 $160.00 $143,680.00 Trail Items Subtotal 5419,104.00 $372,726.25 $372,726,25 DRAINAGE 4.1 TxDOT 0420-6009 Coo Collier EA 2 $1,IXW.00 $2,0D0.00 $2,400Z $4,800.00 $2,400.00 $4,800.DO 4.2 2603 Typ'A'Manhole,Precast EA 1 $6,000.00 $6,000.00 S6,500.00 $6,500.00 $6,500.00 $6,500.00 4.3 2603 Typ'M'Manhole,Precast EA 2 $8,000.00 $16,000.00 $10,OW.00 $20,000.00 $10,000.00 $20,000.00 4A TxDOT 4122 36'Polypropylene Pipe by Open-Cut,Complete in Place LF 213 $200.00 $42,600.00 $150.00 $31.950.00 $150.00 $31,950.00 4.5 TxDOT0466 Headwa0(CH-FW-OHDIA=2-36IN) EA 2 $8,�.00 $16,000.00 $20,000.00 $40,0�.00 $20,000.00 $40,000.00 4.6 1570 Trench Safety System LF 129 $2.00 $258.00 $2.DO $258.00 $2.00 $258.D0 4.7 TxDOT 0464-6010 48-Inch diameter Storm Sewer b Open-Cut,Complete in Place(RCP Class 111) LF 22 $3W.00 $6,600.00 $300.00 S6,600.W $300.00 $6,600,00 Drainage Items Subtotal $89,456.00 $110,108.00 $110,108.00 BRIDGE j5.4TxDOT XU010360-6047 ConePvmt(ContReinf-CRCP)(6') ITEMS 189 $120.00 $22,680.00 $64.00 $12,096.00 $64.00 $12,096.00 xDOT 0416-6W3 Drilled Shaft(301n.) LF 120 $1.452.00 $174,240.00 $400.00 $48,DDO.00 S400.00 $48,000.00 xDOT 0420.6013 CL C Conc(Abut) CY 15A $9W.00 $13,8%00 $1,800.00 $27,720.00 $1,800.00 $27,720,00 0432-6008 RIPRAP(Conc)(CL 8)(RR8) CY 34.4 $589.00 $20,261.60 $600.00 $20,640.00 S600.00 $20,640.00 TxDOT SS4196 179 Pedestrian Truss Bridge Span,including all Incidentals concerning crane placement,access of EA 1 $430 WO 00 $430,00(1.00 $585,310.00 $585,310.00 $585,310.00 $585,310.00 site,repairs due to damage,creek slope failure,etc. Bridge Plan Items Subtotal $661,(141.60 $693,766.001 $693,766.00 RETAINING WALL ITEMS 6.1 TxDOT 040&6001 Temporary Special Shoring SF 21I S4 1)1) $105,360.00 $20.00 $43,900.00 $20.00 $43,900.00 6.2 TxDOT0432.8008 RIPRAP Cone CLB RR9 CY 13.8 $589.00 $8J28.201 $800.00 $11,040.� $BW.00 $11,040.00 6.3 TxOOT 0423-6006 1 Retaining Wall(Cast-In-Place) SF 3180 $110.00 $349,800.00 $143.00 $454,740.00 $143.00 $454,740.DO Relainning Wall Items Subtotal tAAi 9AA qnI I $509,660.00 $509,680.00 STORM 7.1 01200S JR ete Truck Washout Structures LS 1 S1,500.00 $1,500.00 S1,200.00 $1,200.00 $1,200.00 $1,200.00 7.2 01550zed Construction Entrance/Exit SY 78 $3100 $2,574.00 $62.00 $4,836.00 $62.00 $4,836.00 7.3 01561Reinforced Filter Fabric Fence LF 1452 $2.00 $2,904.00 $2.50 $3,630.00 $2.50 $3.630.00 7.4 01561eReinforced Filter Fabric Fence LF 1452 $0.25 $36100 $6.50 $726.00 $0.60 $726.00 7.5 01561rotection Barrier LF 64 $5.00 $320.00 $5.00 $320.00 $5.00 $320.00 T6 02921mulch Seeding AC 1 $7,500.00 $7,500.00 $3,850.00 $3,8%00 $3,8%00 $3,850.00 7.7 02922g SY 604 $5.00 $3,020.00 $7.00 $4,228.00 $7,00 S4,228.00 Storm Water Pollution Prevention Plan Items Subtotal 518,181.00 $18,790.00 518,790.00 EXTRA WORK ITEMS 8.1 TxDOT 0432-6008 RIPRAP(Conc CL B RR8 CY 1 5 $476.00 $2,380.00 $600.00 $3,000.00 $5,OW,DO $5,000.00 8.2 01564 Control of Ground Water LF 225 $54.00 512,150.00 $70.00 $15,750.00 $200,000.00 $200,000.00 Extra Work Subtotal 1 $14,530,001 1 $18,750.00 $18,750.00 TOTAL 1 $1,786,233.75 1 $1,830,5.10.25 $1,830,530.25 OF 2.5% * !! *...................:.,.I DAVID G. GREANEY / 12556340 -• ICENS�•''�t'r +Ilk s •�. E�•► 12-1�2-2023 Gauge Engineering, LLC 1 OF 1 Firm No.: F-20017 I THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid n KNOW ALL MEN BY THESE PRESENTS, that we Tandem Services, LLC. as Principal, hereinafter called the Principal, and Liberty Mutual Insurance Company, a corporation duly organized under the laws of the State of Massachusetts as Surety, hereinafter called the Surety, are held and firmly bound unto City of Pearland as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Greatest Amount Bid Dollars ($5%of G.A.B. ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for Shadow Creek Trail Phase 11-Along Clear Creek Relief Ditch NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. (Principal) Signed and sealed this 7t1 day of December,2023 Tandem Services, LLC (Seal) A"!n Witness Cr ut Chef Authorized Agent h C% Liberty Mutual Insurance Company (Surety). (Seal) Derick Harrison, Account Manager ( tness) Kelly J. Brook Att rney-fin-Fact AIA DOCUMENT A310•BID BOND.AIA 0•FEBRUARY 1970 ED.THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.0 20006 This Power of Attorney limits the acts oft hose named herein,anti they have fro auIhOlity to bind the Company except in the manner and to the extent hrltp,4 stated Llhertv Lberty Mutuai Insurance Company UtUA1 The Ohio Casualty lusuraricel Company 8200616 M West Americah to 4(anCe('.,(,[,npany SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: fNM ire Cjuo Ga'�4arj lns"!arice Cv"a-q is a o y dc�tire U!i,e Sta,,i,of ke, N flenif,o, 1laj under the taws of the State of Ind is(he,,,e,n ca&J pursuant loaro by autr:,,,',.,,.ar&W, all of the tity,f:0 cvvress state 0 1 N eo"Ti rj.'JualN ifth?'fl t'e rr E Lsq cne nar ed f1i t+,aan,-, _fact to fl)Ae, execute seal adritAMedge ard del'*W Ir'(WYr7'ti oehalfa,surety and asrts a and 41"id aq a-,lat �1�4 ao.j w:th,5,'&ir r,I,j,u, -_e, 0;thc,.e Pre.�ents and sl'aA to as t"'o-dWq UP(A U1r1 GMpl',iiiS aS H 0 aj ha,,e hf Bn dA�-.,',red tip b,,o V�a 'cd g U e se'141�")'j r)f t('e 1`4p1 Persons IN WITNESS WHEREOF,rj,,s Pc—we ofAtkaaiey has been subscittied by a,i auOnzed othrr,. cv 'fi rJ iro C,n as,,i ine f nqp" es t" v, tere(o this i'Mi dayof_ Fekw)f) dully F INS '11 INS& 114 S U 1W C)o 912 By, of State of PENNSYLVANA en a) 0iihis. 136i._dayo1__Fi�b'U'a[N '_2a'119 Ww.e t�*,i,(,,I-e,,*,,)a,�,(�ILA7,,�,J"34'�"�,'��.5�,,ftot�,,,,IIA,4.ssislar(l��',"�,�fe!aryoll.�,,atyl�Ai',Uil�r��J�,�,�,�e, Oi o Company,Tt,.e Dmijo Ca�sus'Tj C(x7npany,ond Yii�_JAn,encan In,--r anW Guvpa,q,and W tP,,�Is 5,,cks b,rg oeh i,ded st,lo dn ex("ute Vie fu g"`FXJ H"Mlolne'r I W thf,fw o-.6-' > bistgrog o bta'fof the corporation by N raise lasa dAy OW .T IN WITNESS WHEREOF, have�e�wmo subsc�b'vj try ra rp&'�d afF�E'J'my sew`at K,V,)0 poll�y"�' aP [Q) CLi In coo 0 Cz By: a) 7tjq--L ail— M U) IYt 4) I V IR M 0) This P�,,4ef 0 is made�tnd executes Nrsuant to rv,d by& of Ito k By- s and Cf 7,,,j I)ho a%Oj Company,bb+,cutj o.E; Insurarce Canparly ar d'Alost Afn�e can Irsurarce Cornpanyw�ch iesz��ut,�iis A,ej n fu' ko,,t nd effw,,eadinq a5 ARTICLE IV*-OFFICERS:SMc41 12 Pcyo,cut of kum.q Any offiw,or other official of the Gcrp4"&n zvlbor'zed for that�'wp.xs'�IP, va�br�j by the cham�'afl cr Vhe "o sut:"'-�I �oj� as rn�fll I"'tt may Txc-,cf,be shal,,Ap�,,'621&jch aftwiictisn had as may to nec,,-_mry to Ut 1 k,4P,f�f the C(j(0� P.�,K.,' Pxecu!e IS 'l, >C3 C aryvir a1 tirAllwu�ftij4,bwds *.%n,,zanc)e5 and�,Xr e( All��p�ons 3'w"rayl w,far:l S'jt'o""to�ne i sel!�"A'l •J�'now pi-�"fzls 0'0(,�P - have fij"�P'�N�T to W'd the CapotatcA by their s,gnature end execu,��,f,of any sJCh M�41VHUJ�i a�d to th�seal e,(me Ccir MIE11"SO P)C'01' cca JY A�on ,,, $I,i �� 3 instrwnenti 5hal W as 6iwi 1,9 a�if�i 4*4 by the Presdent a�d arles,ed to by V,P,S�,z la,jr A,��I cv'�a �'l'T"Al tj �"d to any�epre sk�l;�6&u aromey-iJ'i,'u,l,��i the z U "III cn tt4U,a,w,,,,n CD ARTICLE XIII-Execution ofConLractio 1;a tr.,jq 5 aulel,frcr4s xrd Ur,,'1CAa1iinqs' U— kq oflc�v 61 tire Whor�zsj fcr Iral P�'Tpose in Vont"g tj tt�'e,C"a fman of the pf""��'v'mf V.0 to Sj as "Y�J''�'V'o v,o p c,,��,dem way 19 sllai 4"'g,It suoll V"'v"Ofs J"-fad'as may be necessary to'V'I n t4 10 of the Crenpa/"y to rna?ke ex"o to 3r/" a C"A e"3"'R a I'Jarah'&as S'irr4y any arld'd 1,ftVrW'1ilgs' J bcnJs and other 'g'ators SOO A Ira sutjc(°to the t n!'Jol�S l f(:,t, ,,tPf-I ;,'qvip s 1 6",omey sla'i feAvv fu rk,%o to k,r.d 9,, C,:mparq ay t1,6,,s,,,ia%te and 0 anf S`.Jl tslrur?' is ar-1 te"atiazh th'fel'o i1"6 sel,0 Cie SKSI GB as f $xdned cud 4ni P'es je'tlatd ateA J by t e°'EKJO"Iq Certificate of Dosignation fl"C'P?es'zp":+f rf Ule Ccrrva,ly "W"t-,fj pv,W'Ilt 10 11'e Byaws of 010 Cvr'p;,�Ij 1,3rat Asi F,.wil Sc/.,cla y to s 'ilCy"I n fact as May be r.;.Ce ufy to—,cql WIV of the C/cprpa,iy to make co,,a,tr� gf:al' 8r;'j 60j%V(as swe!.y 1J� rtat nds ke-P-1s s jgcy re-perdt'v"'i s",Jnah;re 0 any assistant of 11�e Compaq%➢eaei*l ajoe�lnq('porl a copy 0 wary r)"m'(r 01"vtr4'r,y 5;ad by lihal 1.Reno C L�eAc4lyn, "a y Gcm'#ny fv"il' tanj has not bx,4i vvoked IN TESTIMONY WHEREOF.I have�ereu,lfw ,6,1 my hai 1 w J,�,f ovi a 0 de'�i 1 VI'S 'A 'iap, oca^ k S 14 '0 INS& 1919 4 By: J� LMSA) ,3 v bL,ibcrtNi uttj .� SURcly WAS 100% PAPORTANTNOD L AVIV 141 WIND I"Uwwn insurman U MAX lunqowl hil votl may Cd)l lo!i-ltcc 16f in fivfl+'li'l qi 4!, 111 t"Irl I, "It, 11, t.'(1 li. w,t llll, InAe a CCmPwml 01 1 171454630 You may msn wnw fil PACO tv%own plem uAr 2200 Rena.- zac,= Blvd,Ste 400 bw mil Kmg 4flArusita. PA 940te 2755 k, P! Prui", PA 9b",27Y Ytv ma% cow"; the l=5 lk2px:qwl Wk Lo"Wvmy a A Nowl"my K"- Insurance to obt,-w-j ilf,,malwt� v comp"m Kepl— do Y"t rj ("rwr ciavIaqcs,i ighls or cwnjAiiints ail wk --t ' vjf Ul Ctwr5umcr ProAccl -i (I I I (A) J- Tc- ii,�, c, Pi,, (I i IA) p 0 Box, 14,9091 p L! LLA 14911 Austin FX 78-714 9f)9 1 'TuAr Yx 0714 IAN FAX FAA P 01 1 M W; sib, :� L-mad al' PRL'Nll UA OR ( I-At-ki DI SPU I 1-, 01 j A<, Id I j+Pi I'*A, P1 Airs Should You have a WPUW vtwu-mp p U, S' Iw"l U 0 d %a_ o 4.11v"N .a fm A! premition m 6buw ,j Harr gnu Et:+iiOd Ary Ln fc,w"t un, ii c, Twu LOWMI AC OPIM LU ON 14010 V45 , k's pw"dc vollywc6m, rcuilvC0,50umd, COM&M Um"" C,n a tw �,mmmwd 1: OIj TevistXpartircni o(insixance A]'T A 0 1 1111 N.-()Tl C F TO V I ru R U',A H A , 1"1 A 9 t'0 t;A POLICY llus mce is Q inkinuminn nQ W &c; wo ploq- rx-cc,me a r;uri or cividilion of [F,c Y n(, .5C 1:1 Ll U 1 Gauge E N 6�1,�14�E F R N G December 12, 2023 Lap Trinh Senior Project Manager Engineering & Public Works 2016 Old Alvin Road Pearland, TX 77581 Re: Proposal Shadow Creek Trail Phase 11-Along Clear Creek Relief Ditch Contract Award Recommendation Dear Mr. Trinh, We have evaluated the bid received on December 7th, 2023, for the Shadow Creek Trail Phase II- Along Clear Creek Relief Ditch. There was a total of one (1) bid submitted. Attached is a copy of the bid tabulation received for the project. The bids received were as follows: 1. Tandem Services, LLC $1,830,530.25 Tandems LLC bid of $1,830,530.25 was the lowest bid, which is approximately 2.48% higher than the engineer's estimate of $1,786,233.75. The bid prices received are indicative of the current availability and cost of local construction resources. Gauge Engineering has reviewed the bid and feels the bid prices are appropriate for the work involved. Tandem LLC has the necessary resources and, based on their provided references, has previously demonstrated the capability of performing the quality of work required for this type of project. Therefore, we recommend the City of Pearland to award the construction contract based on the low bid of$1,830,530.25 submitted by Tandem LLC. Please do not hesitate to contact me at (832) 968-9981 if you have any questions or need additional information, Sincerely, David G. Greaney, P.E. Project Manager Attachments: Bid Tabulation 11750 Katy Freeway,Suite 400 - Houston,Texas 77079 - 832,968.9981 ovuuaign Envelope ID:cwrsowoo-3zVo-400I-8xco-5o7xoeompoo RESOLUTION NO. R2024-11 A Resolution of the City Council of the City ofPeadand, Texas, awarding o construction services contract associated with the Shadow Creek Trail Project (Phase 3), bo Tandem Services, LLC.' in the amount o7$1,83O`63O.25. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY []F PEARLAN[J' TEXAS: Section . That competitive bids were obtained for construction services. Section . That the City Council hereby awards a contract to Tandem Services, LLC., in the amount of$1.83U.53O.25. Section . The City Manager or his designee is hereby authorized to execute a construction services contract associated with the Shadow Creek Trail Project. PASSED' APPROVED and ADOPTED this the 2Om day ofFebruary, A.D., 2024. mocu Unemby: ,� ..�, ,, .~�. MAYOR ATTEST: nocmigned^p rnxm`,coouu/Lon. / mv/4 wuv/C ,~~ CITY SECRETARY APPROVED AS TO FORM: DocuSigned by: F Dll� CITY ATTORNEY CITY OF PEARLAND STANDARD FORM OF AGREEMENT Section 00500 STANDARD FORM OF AGREEMENT THIS AGREEMENT is by and between City of Pearland (hereinafter called OWNER or City) and Tandem Services, 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 Trail Phase II -Along Clear Creek Relief Ditch City of Pearland, Texas COP PN: PK 2003 BID NO.: ITB 0823-19 Article 2. ENGINEER The Work has been designed by Gauge Engineering, LLC 11750 Katy Freeway, Suite 400 Houston, TX 77079 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 90 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 120 days from the date when the Contract Time commences to run. No work will be allowed on Sundays. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above,plus any extensions thereof allowed in accordance with Article 5 of the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty) CONTRACTOR shall pay OWNER FIVE HUNDRED dollars $500.00 for each day that expires after the time specified in paragraph 3.1 for Substantial 4-2015 00500- 1 of 7 CITI'OF PEARLAND STANDARD FORM OF AGREEMENT 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 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 $1,830,530.25 (the "Contract Price"). The Contract Price includes the Base Bid Alternate(s) as shown in Document 00300 —Bid Proposal. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Section 6.0 "Measurement and Payment" of the General Conditions. Application for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER as provided below. All progress payments will be on the basis of the progress of the Work and actual quantity of Work completed, in accordance with Article 6 "Measurement and Payment" of the General Conditions. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage or actual quantity of Work complete, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions. The OWNER shall make payment within 30 days of receipt of application for payment by the ENGINEER. 5.1.2 Each progress payment shall be less retainage as specified in Paragraph 6.06 of the General Conditions, and 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 4-2015 00500-2 of 7 CITY OF PEA RLAND STANDARD FORM OF AGREEMENT 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 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, 4-2015 00500-3 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 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 Plans, consisting of sheets numbered 1 through 46 inclusive with attachments with each sheet bearing the following general title: Shadow Creek Phase II - Along Clear Creels Relief Ditch 8.6 hlstructions to Bidders and CONTRACTOR's Bid Proposal, including any Addenda referenced therein. 8.7 Technical Specifications for the Work. 8.8 The following, which may be delivered or issued after this Agreement becomes effective: Any Change Orders or other documents amending, modifying, or supplementing the Contract Documents in accordance with the General Conditions. 4-2015 00500-4 of 7 CITY OF PEA RLAND STANDARD FORM OF AGREEMENT There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Section 1, "Definitions and Interpretations" of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment,no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself,its partners, successors, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from Substantial Completion against defects in materials and workmanship. CONTRACTOR agrees to repair or replace any defective work within this warranty period immediately unless such repairs require long lead time materials and equipment in which case CONTRACTOR shall provide an agreeable schedule for repairs at no additional cost to OWNER. 9.5 The Work will be completed according to the Contract Documents and in accordance with codes, ordinances, and construction standards of the City of Pearland, and all applicable laws, codes and regulations of governmental authorities. 9.6 In the event any notice period required under the Contract Documents is found to be shorter than any minimum period prescribed by applicable law, the notice period required shall be construed to be the minimum period prescribed by applicable law. 9.7 This Contract and the Contract Documents, insofar as they relate in any part or in any way to the Work undertaken therein, constitute the entire agreement between the parties hereto, and it is expressly understood and agreed that there are no agreements or promises by and between said parties, except as aforesaid, and that any additions thereto or changes shall be in writing. 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 4-2015 00500- 5 of 7 CITY OF PEA RLAND STANDARD FORM OF AGREEMENT 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. 4-2015 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: 20_. OWNER: CONTRACTOR: CITY OF RLAND "T(IT%d tM Ze'C'4�C-C-,-5, L 1.C L-A�Z 10'e By: By: Title: Ae,A Title: k n k'%5 ac�"'t� D & L Date: 3 L/ Date: (Corporate Seal) ATTEST "TTEST Address for giving notices PF-AA) Phone: 5 Fax: Agent for service of process: END OF SECTION 4-2015 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. (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. CITY OF PEARLAND STANDARD FORM OF AGREEMENT APPENDIX B House Bill 89 Verification 1, Dustin Johnson (Person name), the undersigned representative (hereafter referred to as "Representative") of Tandem Services 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. 2.4 SIGNATURE OF REf RESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of rem bear , 2025. Notary Pu lic ELLA CRUTCHER :��a'. . Notary Public,State of Texas .'0- Comm.Expires 12-09-2023 °o,�o��,�•` Notary ID 130463639 07T OF PE11RLA,'VD PAYMENT BOND Section 00611 Bond No. 585217227 PAYMENT BOND STATE OF TEXAS § COUNTY OF BRAZORIA § f` KNOW ALL MEN BY 'THESE PRESENTS: That Tandem Services LLC. _of the Citv of IZemah , County of Galveston __, and State of Texas, as principal, and Liberty Mutual Insurance Company authorized under the laws of the State. of Texas to act t i as surety on bonds for principals, are field and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of S 1,830,530.25 _for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns,jointly and severally, by these presents; WHEREAS,the Principal has entered into a certain written contract with the Owner, effective as of the_ day of 20 , (the "Contract") to commence and complete the t construction of eertain improvements described as follows: Shadow Creek Trail Phase 11 - Along Clear Creek Relief Bitch City of Pearland, Texas COP PN; PK 2003 3 BID NO.. ITB 0823-19 f 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. . 3 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 --r 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 sarnc 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 perfon-fied 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 ol`any such change, extension of tinge, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. } r 07/2006 00611 - 1 of 2 '! IN WI'1'LESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this (r Principal: Surety: a Tandem Se ices,LLC. _ Liberty Mutual Insurance Company W By: A y: Title: Dustin Johnson,Partner "Dille: Kell Brooks, Attornev in Fact Address: Address: 1100 Winfield Lane 10713 W.Sam Houston Parkway N. Suite 650 Kemah,Texas 77565 Houston,Texas 77064 Telephone: 280-947-8378 _ Telephone: 713-744-1761 Fax: ._.._.�__ Fax: vl J NOTICE: THE ADDRESS O1:{THE SURETY C MPANY TO WHICH ANY NoT10E OF CLAIM SHOULD BE SENT MAY 13E OBTAINED ROM '�HE TE AS DEPARTMENT OF INSURANCE BV CAL LING' ITS TT;11.;1,-F EE TELEPHONE NUMBER; 1- 00-2 2-3439. END OF SI..,"CTION '- M 0/2006 00611 - 2 cif':' This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated, Libertir Liberty Mutual insurance Company The Ohio M Casualty Insurance Company Certificate No: 8200515 utual,., I West Americah Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and'Alest American insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Michelle[JIM,Kell)J.Brooks,C'A.McClure,Kenneth I_Meyer .............. all of the city of Cypress state of each individually if there be more than one named,its Vile and lawful atto,fney-in-fact to make, execute,seat,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety o1bigations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies In their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this i 3th day of Februan 2019 Lberty Mutual Insurance,Company 00 INSO lk!l, v4su?-1 The,Ohio Casualty Insurance Company R4 O lkpop I IV. I Pop', P C,tn - ", I k�0 West American Insurance Company 1912 0 1919 n 1991 _0 C.,3 1*01 7tex By: sn David M.Carey,Assistant Secretary State of PENNSYLVANIA County of MONTGOMERY ss 0) C: w On this 13th day of Frbruar\ 2019 before me personally appeared David M.Carey,who acknoviti edged himself to be the Assistant Secretary of Libwl ty Mutual Insurance. 0 0= Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrumert for the purposes a) > therein contained by signing on behalf of the corporations by himself as a duly authorized officer, L)W a) mm IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia.Pennsylvania.on the day and year first above written. E CL COMMONWEALTH OF 1"Ei'04SYLVANIA 0 < '6 By: E Teresa Pastella,Notary Public p ,vs;i 1%w 0)a) - This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The 01,10 Casualty Insurance Company,,t:�— lz any, Liberty Mutual E- d.c: Insurance Company,and West American insurance Company which resolutions are now in full force and effect reading as follows: ai ARTICLE IV-OFFICERS:Section 12,Power of Attorney. ca Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman of the President,and subject to such limitation as the Chairman or the President may prescribe,shall appoint such aftomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >CD 'ii5 C any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shali 1> (D 1 have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation, When so executed,such I c9 instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the U provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power Of authority, CD ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. 0U— Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, Y shall appoint such attorneys-in-fact,as may be necessary to actin behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all bonds,recognizances,and other surety obligations.Such attorneys-in-fact subject to the limilat.ons set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appont such,attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in conne.,tion with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked IN TESTIMONY WHEREOF,Ihave hereunto set my hand and affixed the seals of said Companies this day of INS& 1NsuR 191 2 0 j 1919 1991 1)0 Ely� Renee C.Llewellyn,Assistant Secwtnry LIAS-12873:1,11G OCIC'AAlo Muhl Co-W2016 11bert), N1 11 t t 03"1, 9 uOr-I y T&A 1EXAS IMPORTANTNOTICT', AVIRJ IMPURTANTL Tu oblaiii ilitorn,,aiion in Me a comphbn: pwrM (Mena Wmammi U pwa !wMewr inni LItic"j,"I Voti may call loll-free tor infrwrn�olmn in i" tic wi PWAV Was A MMWM A Wohmo W= nuke it comphirni at 687745AM0 117175!AW You may A So Wole to timed M"Olen pturiv vocnbu of 2200 Renaissance Blvd,Ste,400 "'1200 Pen-,wsx,�-c klvd-SIV. 00 King ut'Prussia. PA :9406-2755 K",oA I MSU PA 1 W002M Yuu may comw the Was Ukop art mon ol' Puedu c=lnicarse con el de ' CX Insurance io obtain infomwliori rjn companies, SCgll-fi�S (JQ I i-,<Jd coverages,rights or complaints at werca de cmnpanbc cohalwas, dacchos o 1,80102521439 qWQ Ul 11012S20131) You nuy We he'Vexas Mpwimem of Inswwwc 11nic;:whir at D,mmammitode Squro-s Consumer(lomi invi (I I I-I A) VCmij i-1/\) P, I), Box 149091 P, 0, B lx I"A )91 Aush 1A 78714-091 Aushn, I'X ',UH,919i FAX: (51?)490-1007 I%xM WOMAN), 'mob; E-M W p POP 1111.-1 -I�, Ivi2awq:,A PREN-111UNIOR CLAW DISPUTES: I Si`,PIJ [A ',A,)l Rt s PRIVAS () P V0 A kA(..VS': Should you have a AspuW cumernmS pim Si now una dopwa comenumile a su purnin n is pmWurn m about a claim you sh(mid First tM rcclatll+l, d"'cN, Con cl rigout (l conlitcl the agell tir CWI 140114164% pilm"l. Si 1111 -,(- ic�-,Jelvc k! d1q)Lmi, poedc If the dispaw is not resolved,you may cant Ac ununwas ctwnwiwarm cun el depanamenlo(71M) TexasDeparn-rient ol'insurance. A 1 T A C)4 TH,I S N 0TI C F,TO Y OU R URA l,,-.'S'I 1� A% 19:.)A S(I PULL A, PCIACY, This notice is for informafiun only and W nw We avim, us stdo Vvira poposan de Wwfnxion becorne a part ill cniniddion of the au:" lwd y no se corlmerte un parte a cimidickin M dmumenl, orlmcivop)sidgavo %P M fats WV W%0M Qfll� C171)'0FI'FARLAAID PERFORMANCE BONI) Bond No. 58S217227 Section 00610 PERFORMANCE I$OND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL.MEN BY THESE PRESI N'I'S:That Tandem Services,LLC. of the City of Kemah County of Galveston and State of Texas, as principal, and Libert Mutual Insurancemps Co authorized under the laws of the State of Texas to act iry as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal su7n of S 1,830,530.25 for the payment whereof, the said "� Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and f ' assigns,jointly and severally, by these presents: ,a. !,� WHEREAS, the Principal has entered into a certain written contract with [lie Owner, effective as of the day of 20 ('the "Contract") to commence and complete the construction of certain improvements described as follows: Shadow Creek Trail Phase II - Along Clear Creel: Relief Ditch City of Pearland, Texas COP PN: PK 2003 � BID NO.: 1TB 0823-19 7 which Contract, including the Contract Documents as defined therein,is hereby referred to and made a past hereof as fully and to the saine extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if' the said Principal shalt faithfully perform said Contract Work and shall in all respects duty 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 i 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, G' specifications, or drawings accompanying the same, shalt in any way affect its obligation oil 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 theWork to be performed thereunder. 12!2007 00610 - 1 o['2 (71TYt.OPP ARIAAD PE l�;"�DE�II�'IAN :h; BON1) 3 IN WITNESS WIIEREOF,the said P'rittcipal mid Surety have sighed acid settled this iristrutTtertt this --day of._._.._ 20-. Principal: Surety: Tandem Services,LLC. Liber Mutual Insurance Com an �__ _.... Title: Dustin ohnson, Partner "Title: i� j� __. )LJa...1rDD rl Uorntyrin Fact.. Address: ,Address: 1100 Winfield Lane _ 10713 W.Sam Houston Parkway N.Suite 650 Kemah,Texas 77565 Houston Texas 77064 Telephone: 2$-Q-947-837-8__, _ 'Teleplloiie: _ 713-744-1761 <tx. ._.._ F, J,,. ..__..._..._........__....__.�._.�...._.. __ NOTICE: THE ADDRESS O TH>l+; SURETY COMPANY TO WIIICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAENE D FROM THE TEXAS DEPARTMENTOF INSURANCE BY CALLING ITS TOLL-FREE TEL E1,11ONE+ NUMBER,, 1-800-25 -3439. END OF SI('I'ION pw. 1"2/2007 006 10-2 oJ'7 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company mutual, The Ohio Casuqlty Insurance Company Certificate No, 8200515 West Americah Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American'Insurance Company is a corporation duly organized under the laws of the State of Indiana I(herein collectively wiled the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Michelle Ulerv,Kelly J.B C rooks. A.McClure,Kennoli I_Movers all of the city of Cypress state ofindividually if there be more than one named,its true and lawfiul attorney-in-fact to make, execute,seat,adMowledga and d6ivier,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,In pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the Secretary of[he Companies in their(mn proper persons IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this l3th day of Febriiar% , 2019 Liberty klutual Insurance Company p�INSUR-1 01f INso %NsuR 11 The Ohio Casualty Insurance Company 00P,Grp West American Insurance Company 1 12 o0 1919 g 1991 o 4 0 u1i C H k �taa By: Y David M,Carey,Assistant Secretary m State of PENNSYLVANIA a) = County of MONTGOMERY ss C: (D On this Hill day of FQbruary 2019 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insu ran cc 0 20 Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the P1JrPGt;es— (U > therein contained by signing on behalf of the corporations by himself as a duly authorized officer, 0 W >,a.9 mm IN WITNESS WHEREOF,1 have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania.on the day and year first above written. 0 COMMONWEALTH OF PENNSYLVANIA 4__ < 0 C: 46 Z5 By: 'D M'fl 2wi Teresa Pastella,Notary Public E Q_CD O M a) This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company Liberty Mutual 0 .E Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as foilows: 0 (D 6 ARTICLE IV-OFFICERS:Section 12,Power of Attorney. A�l 0) cc ro Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the >1 President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute.seal,acknowledge and deliver as surety l>q > a) (Z any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney.shall t= have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed', such Z 0 U=) instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board,the Chaii man,the President or by the officer or officers granting such power or authority. C:(NP 0 ARTICLE X111-Execution of Contracts:Section S.Surety Bonds and undertakings. (Z) tra Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,F2 shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to b'Md the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company.authorizes David IA Carey,Assistant Secret"to appont such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surely any and all undertakings,bonds,recognizances and other surety obligations, Authorization-By unanimous consent of the Company's Board of Directors,the,Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby cortify that the original power of attorney of which the foregoing is a full,true and correct copy of the Pciwct of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of 11( INS& M 1912 p 0 1919 1991 1)0 By, Renee C,Llewellyn,Assistant Secielafy LMS-12871 MIGOCICAWC MuRt C0_06'2018 Muttli'l. 8U0cTy TEXAS 'T'j,''XAS IMPO R TANTNOTICE' AVIS(.) INN HATAINIT- Tu obtain inform a!'Rin or ni a ix a coni p I o'at i Vilo may call iollJree 1'oi in fivrmition 4),, iri L iAv;i wi?-io A) fwrnern du wloilmiv.,yrmi� make a ccniplaim at ki par"I'imletcr urt"'i que '31 J'a 1-877M)4610 You My ASO Write 10: USWO 1wibw'o pi'-�d- ,�c-r6r vi: 2200 Renaissancc Blvd,Ste,400 ?'100 kenw!"s�vam c Blvd-sll' 100 King off'russia, PA ';9406-275-S Kmg w1lf ussin, PA 1 9406-275S You may c(intact the Texas IX�parlrnenl of con cl du Insurance to obtakin infomation (in comoirlies, ohicner iniormaci(m coverages,rights or complaints at ac'erc'a de compavia"", coberlwas, dorechm o 1 800-25 2 3 4 39 You may write the Texas 0epwiment of'trisuranc" Pug.'dc esrrilw Al tic Seguros Cowwmcr Proloction (I I I -I A) tk Tc'wl P. O Box 149W P, O. Box 14(M] Aus6n,TX 78714-9091 Ausim, VX 79714,9XI91 FA X,' (5 4 90-10 0 7 FA X Ki (51^�) 4 M-1007 W'Lb hsi .Nv¢a lIf.�ICK- E-mail: �,--jaj'uLuq L1"--L)ILL,j U dg)jA'1-U'& PREIMIUNI OR CLAIM DISPUTES, I IV; Pl,'lNAA',,, 0 PFUI ANAOS: Should you have a dispute concernmg ymir Si ocivi una 'cfi&1'-jUio coacce-vente A so prww o "I premium tit about a claim you $bould first m rcclaflm dc'N' cwn"t-gwcarsc: con cl comacl the agent or call 1-800-8,13,6446, priowr�). Si mi so 1�1 (fiq)ma' poetic: If the dispute is nof resolved, you ma, cmww the Mmxlw.arfit: con("'i depart]nv-11110!"f 1)1) TexasDepartmefil of Insurance, AITACH THISNOTICETO YOUR UNA 1 A�, 1911)A St, PUACY This no ice is for information fully anti does not F-I(c i361S6CS Milo piril proposito & infurfn3cwn become a part Ur Mldill(111 (if' 111C 41tiiCtiC(i y no tic conv�crtc cil pwtc il condlicwn thol dmument ,'%P 7h 08 091m t"';1`M i^'w) t C'IT)'OF,PEARI,A:�,D NE-YEAR MAINTENANCE BOND Bond No. 585217227 Section 00612 i ONE-YEAR MAINTENANCE BOND STATE OF TEXAS COUNTY OF BRAZORIA KNOW ALL MEN BY THESE PRESENTS: That Tandem Services,LLC. _ of the City of Kemah , County of Galveston , and State of Texas, as principal, and Liberty Mutual Insurance Company __authorized under the laws of the State of Texas to act "t as surety on bonds for principals, are held and firanly bound unto City of Pearland as Obligee (Owner), in the penal sum of$ 1,830,530.25 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: a WHEREAS, tlhe Principal has entered into a certain written contract with the Owner, effective as of the__ day of 20 , (the "Contract") to commence and complete the roll`l construction of certain improvements described as follows: Shadow Creek"Trail Phase 11 -Along Clear Creek Relief Ditch City of Pearland, Texas a COP PN: PK 2003 i BID NO.: ITB 0823-19 r.� 7 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 OIL THIS OBLIGATION N SUCH, that if the said Principal shall faithfully correct all such work not in accordance with the Contract Documents 1111 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 oil' 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 sane extent as if it were copied at length herein, Surety, for value received, stipulates and agrees that no change, extension of tine, 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 wa}, 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. 0V2006 00612- 1 of - CII) ref I IAIti1,1NI) ONE-Y_E'A MAI�v''I ENA.NCE BOND ror IN WITNESS WI-1F:REOF, the said Principal and SUretyyr have signed and scaled tliis instrument this day cif....._-..---_.__._.__� J Principal: Surety: Tandem Services,LLC. Liberty Mutual Insurance Company Ear: _ By "Title: _,Dustin Johnson,Partner 'I"itle: ICe11y j.Brooks,Atfcorrtex in Fact L, a Address: Address: 1100 Winfield Lane 10713 W.Sam Houston Parkw N.Suite 650 Kemah,Texas 77565 _ Houston,Texas 77064 f Telephone: 280-947-8378 _ Telephone: 713-7744-1761 Fax: NO It'll+.: THE ADDRESS OF THE SURETY CO11! PANN' TO WHICH ANY NOTICE E ' OF CLAIM SHOULD BE SENT MAY 13E OBTAINED I+"RE7M 'I`1-1f.' TEXAS A " DEPARTINIE dT T F INSURANCE E BY CALLING I'I'S 'FOI.,L-FRE E 'I f,1.,ElllflON1? NUMBER; 1-800-252-3439. r r END OF SEC TION itA lj h PIP, f 7 . JCV This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. y L'bert Liberty Mutual Insurance Company MU tuil"1, The Ohio Casualty Insurance Company Ceificato tlo� 8200515 West American Insurance Company r3URETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation diily organized tinder the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the'laws of the State of Massachusetts,and West American insurance Company is corporation dully organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth;does hereby name,constitute and appoint, Michelle Uli KelIv J.Brooks,CA.McClure,Kenneth L.Meyer all of the city of Cypress state of each individually if there be snore than one named,its true and-la-whil attorney-in-fact to make, execute,seal,acknowledge and deiver,for and on its behalf as surety and as its act ad,any and all underfalkings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as it they have been duly signed by the president and attested by the secretary of the Companies in their awn proper persons IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 13th day of Febritary , 2019 L:berly tilutual Insurance Company V I Nsu,,? Nt1( INS,, k t4 s f4 11 The Ohio Casualty Insurance Company N West Arricrican InStlranGe Company On Z r19 12 0 0 19191991 _0 Ui tit, 8 1.15 fVOIA10, a) It It By: David M.Carey,Assistant Secretary State of PENNSYLVANIA County of MONTGOMERY ss 0) a) On this l3th day of February 2019 before me personally appeared David 110,Carey,who acknovi.edgcd himself to be the Assistant Secretary of Liberty Mutual Insurance c) '0_::I Company,The Ohio Casualty—Company,and—West American Insurance Company,and that he,as such,being authorized so`0 do,execute the foregoing instrument for the purpose- M > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. U W F_ a) IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania on the day and year first above written, a)>, cl- 0 COMMONWEALTH OF PENNSYLVANIA -_ - -_ ,-_ - ___: <rt S(m ai 0 46 a) By: W Teresa Pasletla,Notary Public 0 (o CY) M n_in ,L 1P This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio,Casualty Insurance Company Liberty Mutual�cr) o,S= Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as foilows — as` ARTICLE IV-OFFICERS:Section 12,Power of Attorney. 0 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to Such limitation as the'Chairman Or the President may prescribe,shall appoint such allomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute.seal,acknowledge and deliver as surety > > C any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall a) have full power to bind the Corporation by their signature and execution of any such instruments and to attach E the'reto the sea'of the Corporation,When so executed,such c? Z instruments shall be as blinding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power of authority. 00 I 0 CD ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. 0— Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, to shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appo rit such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as Surety any and all undertakings.bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that fi,--imile or mechanically reproduced signature of any assistant secretary of the Company;wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has net been revoked. IN TESTIMONY WHEREOF,lhave hereunto set my hand and affixed the seals of said Companies this day of Msu,�� 00 INS& 4Ns ORA 4 -0, 1912 0 1991 By: 4. 0AS-12873'MiG 0=WAIC NA'Aln Co_03'201 8 Ij ber a 8UQCTY TEXAS TEXAS I MR)RTAW NOT'I('-,'E AVISO IMPURTANTE To isbibin int'ornsation tat'Me a umqslahc para uNcnv it AMMIMH1 0 pwa =001 1ma q uej d, Von may call loll-tree for mfivpmhoyl o i?r I i"IfId cl lw s0 fwrnern dr wlelimw pr�ln, nuke a compW ui pilril ifilmolilcion o 4"W3 Sornelcr un,"i ipue"j"i i1i 1-877-75l-3Is4Ci 117145 1 QW) You nmy d1so We w Ustcd lmlibien pwaiu cS,,--rjbir 2200 Renaissance Blvd,bite,40) 1'?00 Blvd-SIC, 406 Kirig of NusIx PA M042755 KAg W asm PA 1 AM02M You may comml the Was SOPWIMOU 4 pued, CWHMVWW am W DqMMMMM) dc, Inswunce to Main infom)ation on corzq?arnes, SCgv,-s dQ icxain as ohicner intornlaciw� ct-werages,righ(s or comploints at werca de cwnpank, coNaiwas, dnechas o qm,-jus Ul 11011053131,? You may write the Texas Lkpwiment nf Inswance punic esc ribir ill tic zR e(Jrus Consumer Prcqecl mn (I I I -I A) do VcM , OcLl mol(I I I A) It 0. BOK l4W9j P, 0, Box 1,',,X)91 Auslin,'FX 78714-9)91 Aum in.']X ',8 7 14-W9 1 FAX� (512)490-1007 11AX 0 010 4W-M07 Wak V,-,--b •M W F Lima MawmaNKEBWAI,a"I W�W 111 A Q W I a a , 111.1 a - PR L11,41 UNI OR' CLAIM DISPI-11 ES; mia rM VAN, PINIMAN () RM AMR Should you Ave a dispute: carrernmg pim Si U01a LMJ LIMP muternwe a su pru"a () a prernium or about a clains you should f4st tm rul=L We conunImsu con c! Hguue o conits i the agent or W 1400-8,13-6146, prioler'). Si fm so C. uelve i<! poedc If the dispaw is not resolved, you may c(nswa be emwxa CMMWWWW em"A &PWWMDMqIW) Texas Department OfinSMIMC. AITACHTHISNOTICU.'JO YOUR UNIA 1_A% A Sk,) PC1,1ZA, PCLICY- 7Ms notice is W infornsmion only and dtxs not Emu sync es solo para la oposon de inUmMon tecorne a [)art or cmiddinn or We atwdwd y no se co"we as pww as cmdW"i dvl document %P M 6H 10 W Un AM Q0 CITY OF PEA RLAND 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 CITY OF PEA RLAND 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-ii CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.16 Layout of Work 4.17 Shop Drawings 4.18 Engineer-Contractor Relationship; Observations 4.19 Observation and Testing 4.20 Defects and Their Remedies 4.21 Liability for Proper Performance 4.22 Protection Against Accident To Employees and the Public 4.23 Protection of Adjoining Property 4.24 Protection against Claims of Subcontractors, Laborers, Materialmen, and Furnishers of Equipment, Machinery and Supplies 4.25 Protection Against Royalties or Patented Invention 4.26 Indemnification 4.27 Losses From Natural Causes 4.28 Guarantee 5.0 PROSECUTION AND PROGRESS 18 5.01 Time and Order of Completion 5.02 Extension of Time 5.03 Hindrances and Delays 5.04 Suspension of Work 5.05 Liquidated Damages for Delay 5.06 Change of Contract Time 5.07 Delays Beyond Owner's and Contractor's Control 6.0 MEASUREMENT AND PAYMENT 21 6.01 Discrepancies and Omissions 6.02 Quantities and Measurements 10-2012 00700-iii CITI'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 Suspensions of Work Ordered by the Engineer 7.03 Change Orders 7.04 Request for Work Approval for Work on Non-Work Days 7.05 Minor Changes 7.06 Extra Work 7.07 Time of Filing Claims 8.0 DEFAULT 30 8.01 Default by Contractor 8.02 Supplementation of Contractor Forces 8.03 Cumulative Remedies & Specific Performance 8.04 Cross-Default 10-2012 00700- iv CITY OF PEA RLAND 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 C1 10-2012 00700-v CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT 1.0 DEFINITIONS AND INTERPRETATIONS 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement. The term ENGINEER as used in these General Conditions shall refer to the Engineer or Architect identified in the Agreement, as applicable, and means a person authorized to act as a representative of the entity designated by the OWNER to provide professional services required in connection with the preparation of plans and specifications of this Contract. The terns 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 06-2022 00700- 1 of 36 CITY OF PEA RLAND GENERAL CONDITIONS OF AGREEMENT (9) Exhibits: The following Exhibits, if any, attached hereto, are incorporated herein, and are a part of this Contract: hi 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 06-2022 00700-2 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Owner, in advance, to perform work on Saturdays or Sundays and in so doing agrees to pay all charges and costs for Inspection and or Construction Management services required during the performance of any such approved work. Refer to paragraph 7.04 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. 06-2022 00700-3 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Whenever in the Specifications or Plans of the Contract Documents, the terms of description of various qualities relative to finish, workmanship or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the ENGINEER as the OWNER's representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms or clauses defining the character of the work. 1.11 REFERENCED STANDARDS. No provision of any referenced standard specification, or manual shall be effective to change the duties and responsibilities of the Owner, Engineer, Contractor, or their consultants, employees, or representatives from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer or its consultants, employees, or representatives any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibilities contrary to provisions of the Contract Documents. 1.12 CONTRACT TIME The term Contract Time as used herein, refers to the number of Calendar days provided to complete the work or the date, stated in the Agreement: (i)to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with Paragraph 6.09 and as modified as a result of any authorized Extensions. The established Contract Time includes 40 Rain Days per year, based on the average number of rain days per year for the period of June 1898 to December 1996 as recorded by the Alvin Weather Center Record. The Contract Time shall only be extended by (a) the addition of Rain Days equal to the number of actual Rain Days in excess of 40 days per year and (b) the number of Impact Days granted for delays, in the opinion of the Owner, beyond the control of the Contractor. The extension of the Contract Time shall be the CONTRACTOR's sole and exclusive remedy for delays. 1.13 CONSTRUCTION INSPECTOR The term "Construction Inspector" here in includes those professionals engaged by the OWNER to ensure CONTRACT work's compliance with the specifications and any applicable statutory requirements. 1.14 BALANCING CHANGE ORDER is a change order executed during the close-out process that may add/remove pay items, or adjust quantities of existing items or remove unused pay items or quantities Balancing Change Orders are used to reconcile the unit cost of the work performed or installed by the Contractor. 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 2.01 NO WARRANTY OF DESIGN. It is understood that the OWNER MAKES NO WARRANTY OF THE ADEQUACY, ACCURACY OR SUFFICIENCY OF THE PLANS AND SPECIFICATIONS OR ANY OTHER DESIGN DOCUMENTS, AND OWNER HEREBY EXPRESSLY DISCLAIMS ANY SUCH WARRANTY, EXPRESSED OR IMPLIED. Prior to commencing each portion of the Work, CONTRACTOR shall carefully study and compare the relevant Contract Documents, shall observe conditions at the site affecting the Work, and shall take field measurements of existing conditions related to the Work. Any errors, omissions or 06-2022 00700-4 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT inconsistencies in the Contract Documents noted by the CONTRACTOR, and/or any variance between the Contract Documents and applicable codes, standards or ordinances, shall be promptly reported by CONTRACTOR to ENGINEER in writing as a Request for Information. Work performed prior to a Request for Information shall be at the Contractor's risk. If CONTRACTOR fails to perform its obligations under this paragraph, CONTRACTOR shall pay such costs and damages to OWNER as would have been avoided if CONTRACTOR had reported any errors, omissions, inconsistencies or variances in the Contract Documents noted by CONTRACTOR or which should have been noted by a careful study of the Contract Documents. CONTRACTOR shall comply with the Contract Documents, all approved modifications thereof and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the requirements of the Contract Documents and approved modifications thereof and all approved additions and alterations, thereto, as the same shall have been interpreted by the ENGINEER. 2.02 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on which the work herein contracted for is to be performed, constructed or installed, for itself or such agent or agents as it may select, for the purpose of inspecting the work, or for the purpose of performing, constructing or installing such collateral work as the OWNER may desire. The OWNER shall have the right to make inspections at all reasonable times, and the CONTRACTOR hereby waives any claims for extension of time and/or compensation for any loss or damage if his work shall be delayed by reason of such inspection, performance, construction or installation of collateral work. 2.03 OWNERSHIP OF PLANS. All plans, specifications and copies thereof furnished by the OWNER shall not be reused on other work and, with the exception of the sets forming the part of the signed Contract Documents, are to be returned to the OWNER on request at the completion of the Work. All plans and models are the property of the OWNER. 2.04 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the Owner may make such changes and alterations, additions and deletions as the OWNER may see fit, in the Work, including but not limited to changes in line, grade, form, dimensions, plans or specifications for the Work herein contemplated, or any part thereof, either before or after the beginning of construction, without affecting the validity of this Contract and the corresponding Performance and Payment Bonds. If such changes or alterations or deletions diminish the quantity or the value of the Work to be done, they shall not constitute the basis for a claim for compensation or damages, including lost or anticipated profits on the Work that may be affected. If the amount of Work is increased and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this Contract, otherwise, such additional work shall be paid for as provided under Article 7 hereof for Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any Work already done or material already furnished or used in said Work, then the OWNER shall compensate the CONTRACTOR for any material or labor so used and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the Work as originally planned. 2.05 DAMAGES. In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake or default of the CONTRACTOR, or should the 06-2022 00700- 5 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 3.01 OWNER-ENGINEER RELATIONSHIP. The ENGINEER shall serve as the OWNER'S representative during construction. The duties, responsibilities and limitations on the authority of the ENGINEER as the OWNER's representative during construction are set forth in the Contract Documents; and the ENGINEER shall not have authority to extend the OWNER's liability or to bind the OWNER for any additional liability of any nature whatsoever without the written consent of the OWNER. Any communications by the OWNER to the CONTRACTOR regarding the Work shall be issued through the ENGINEER. It is the intent of this Agreement that there shall be no delay in the execution of the Work; therefore, written decisions or directions rendered by the ENGINEER as the OWNER's representative shall be promptly carried out, and any claim arising therefrom shall be resolved as provided in Article 7. Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the OWNER'S representative shall have the authority to issue written stop work orders whenever such stoppage may be necessary to insure the performance of the Work in accordance with the Contract Documents. 3.02 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with four (4) copies of all Plans and Specifications without expense to the CONTRACTOR, and the CONTRACTOR shall keep one full size copy of the same constantly accessible on the job site, with the latest revisions noted thereon. The CONTRACTOR shall be responsible for preserving the Plans and Specifications, timely and accurately updated, for reference and review by the OWNER or the ENGINEER and submittal of redlines during closeout. 3.03 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the obligations imposed under this Contract for the furnishing by the CONTRACTOR of new material of good quality, and for good and workmanlike performance of the Work as herein described, and in full accordance with the Contract Documents, without alteration, deletion or change. No failure or omission of the OWNER'S representative to discover, object to or condemn any non-conforming or defective work or material, or to stop work, shall release the CONTRACTOR from the obligation to fully and properly perform the Contract, including without limitation, the obligation to at once remove and properly replace any defective work or material at any time prior to final acceptance, upon discovery of such non-conforming or defective work or material. Any questioned Work may be ordered taken up or removed for inspection by the ENGINEER prior to final acceptance, and if found not to be in accordance with the Contract Documents, all expense of removing, inspection and repair or replacement shall be borne by the CONTRACTOR; otherwise the expense thus incurred shall be allowed as Extra Work and shall be paid for by the OWNER, provided that where inspection or approval is specifically required by the Specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior inspection or approval, he shall bear all expense of taking up, removing and replacing this work if so directed by the ENGINEER. 06-2022 00700-6 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3.04 INSPECTION BY ENGINEER. The ENGINEER will make periodic visits to the site to observe the progress and quality of the executed Work and to determine if such Work generally meets the essential performance and design features and the technical, functional /or engineering requirements of the Contract Documents, and is in all other respects being performed in compliance with the Contract Documents. However, the ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on-site inspections to check the quality and/or quantity of the work, nor shall the ENGINEER be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident to the Work being performed or any part thereof. The ENGINEER shall use reasonable care to prevent deviation from the intent and substance of the Contract Documents by the CONTRACTOR in the performance of the Work and any part thereof and, on the basis of such on-site observations, will keep the OWNER informed of the progress of the work and will endeavor to guard the OWNER against defects and deficiencies in the Work of the CONTRACTOR. Notwithstanding any other provision of this Agreement or any other Contract Document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractors, agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the Work. 3.05 DETERMINATION OF QUESTIONS AND DISPUTES. In order to prevent delays and disputes and to discourage litigation, it is agreed that the ENGINEER shall, in all cases, determine the quantities and qualities of the several kinds of Work, which are to be paid for under this Contract. The ENGINEER shall address all questions in relation to said Work and the construction thereof, as well as all claims, disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the Work or the interpretation of the Contract Documents. In the event the ENGINEER shall become aware of or shall receive information that there is a dispute or a possible dispute as to the reasonable interpretation of the terms and conditions of the Contract Documents, or any other dispute or question, the ENGINEER shall, within a reasonable time, provide a written interpretation of the Contract Documents or a written decision on all questions arising relative to the execution of the Work, copies of which shall be delivered to all parties to the Contract. If the CONTRACTOR or OWNER desires to take exception to any directions, order, interpretation or instructions of the ENGINEER, CONTRACTOR or OWNER shall present any such claim to the ENGINEER in accordance with the provisions of Section 7.07. 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 6.12 and as otherwise provided in the Contract. 06-2022 00700-7 of 36 CITY OF PEA RLAND 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 detennine 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 06-2022 00700-8 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT of OWNER entering into this Contract, nor OWNER's performance hereunder, shall constitute a waiver of any immunity from suit enjoyed by OWNER under applicable law, all such rights and defenses being hereby expressly reserved, notwithstanding any term or provision herein to the contrary. The Code of Ordinances and other applicable regulations of the OWNER shall be deemed to be embodied in this Contract. The prevailing wage rates applicable to this Project shall be either Document 00811 — Wage Scale for Engineering Construction, or Document 00813 — Wage Scale for Building Construction, or both, as set out in the Project Manual. 4.04 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this Contract and that he will not assign, by power of attorney or otherwise, or sublet said Contract, or any rights, duties or obligations arising thereunder, in whole or in part, without the prior written consent of the OWNER, and that no part or feature of the Work will be sublet to anyone objectionable to the ENGINEER or the OWNER. In addition, the OWNER reserves the right to disapprove the subletting of this Contract or any portion hereof on any basis whatsoever. The CONTRACTOR further agrees that the subletting of any portion or feature of the Work or materials required in the performance of this Contract shall not relieve the CONTRACTOR from his obligations to the OWNER, as provided for by this Agreement. 4.05 PERFORMANCE, PAYMENT AND MAINTENANCE BONDS. In the event the Contract Price shall be in excess of $25,000.00, the CONTRACTOR shall execute separate Performance, Payment and Maintenance Bonds, each in the sum of one hundred percent(100%) of the Contract Price, and each in accordance with the provisions of Chapter 2253 of the Texas Government Code. If the Contract Price does not exceed $25,000.00, the statutory bonds will not be required. All required Bonds shall be payable to OWNER and on forms approved by the OWNER, and shall be executed by a corporate surety in accordance with Article 7.19-1 of the Texas Insurance Code. It is agreed that the Contract shall not be in effect until such original Performance, Payment and Maintenance Bonds are delivered to and approved by the OWNER. The cost of the premium for the Performance, Payment and Maintenance Bonds, should Maintenance Bonds be required, shall be included in the CONTRACTOR's Bid Proposal. All bonds shall be issued by Texas Department of Insurance approved surety companies. 4.06 INSURANCE. The CONTRACTOR, at his own expense, shall procure, maintain and keep in force throughout the duration of the Work, and throughout the Guarantee Period, insurance as specified in Attachment No. 1 hereto with regard to Workers' Compensation Insurance, and as specified in Attachment No. 3 hereto with regard to all other Insurance. Such insurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection with this Contract, whether performed by the CONTRACTOR or a subcontractor, or others for whom CONTRACTOR is responsible. 4.07 PERMITS AND FEES. Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for all permits, licenses, and inspections necessary for proper execution and completion of the Work, and which are legally required at the time bids are received. Permits required by the City of Pearland will be issued as a NO FEE permit. 4.08 TEXAS STATE SALES TAX. Materials incorporated into this project are exempt from State Sales according to provisions of the Texas Tax Code, Chapter 151, Subsection H. 06-2022 00700-9 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT The Contractor must obtain a limited sales, excise and use tax permit or exemption certificate which shall enable him to buy the materials to be incorporated into the Work without paying tax at due time of purchase. 4.09 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this Contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the ENGINEER as the OWNER'S representative. The superintendent shall represent the CONTRACTOR in his absence and shall act as the agent of the CONTRACTOR, and all directions given to him shall be binding as if given to the CONTRACTOR. Adequate supervision by competent and reasonable representatives of the CONTRACTOR is essential to the proper performance of the Work, and lack of such supervision shall be an act of default, and grounds for suspending operations of the CONTRACTOR. The Superintendent cannot be removed from the project without the consent of the Owner; the Superintendent must speak and understand the English language; the Superintendent must be on site when any work on the project is being done, even when a subcontractor is performing the work. The Work, from its commencement to completion, shall be under the exclusive charge and control of the CONTRACTOR, and all risk in connection therewith shall be borne by the CONTRACTOR. Neither the OWNER nor the ENGINEER as the OWNER'S representative will be responsible for the acts or omissions of the CONTRACTOR, its subcontractors or any of its agents or employees, or any other persons performing any of the Work. 4.10 CHARACTER OF WORKERS. The CONTRACTOR agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this Contract, to do the Work, and agrees that whenever the ENGINEER shall inform him in writing that any worker or workers on the Work are, in his opinion, incompetent, unfaithful or disorderly, or in the ENGINEER's opinion, are not using their best efforts for the progress of the Work, such worker or workers shall be discharged from the Work and shall not again be employed on the Work without the ENGINEER's written consent. OWNER reserves the right to bar any person, subcontractor, or supplier found to be incompetent, unfaithful, disorderly, or not using their best efforts to progress work or considered to be a threat to the health, safety and welfare to the project or workforce. 4.11 LABOR, EQUIPMENT, MATERIALS, CONSTRUCTION PLANT, AND BUILDINGS. The CONTRACTOR shall provide all labor, services, tools, equipment, machinery, supplies, facilities, utilities and materials necessary in the prosecution and completion of this Contract where it is not otherwise specifically provided that the OWNER shall furnish same; and further, the CONTRACTOR shall be responsible for the care, preservation, conservation and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction and any and all parts of the Work, whether the CONTRACTOR has been paid, partially paid or not paid for such Work, until the entire Work is completed and accepted. The building or placement of structures for housing workers or offices, or the erection of tents or other forms of protection, will be permitted only with the ENGINEER's written permission, and at 06-2022 00700- 10 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. Any structures of any nature constructed, placed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection, placement or construction thereof, and the CONTRACTOR agrees to indemnify and hold the ENGINEER or OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, placement, construction or maintenance of CONTRACTOR's buildings or structures. 4.12 SANITATION. Necessary sanitary conveniences for the use of laborers and others on the Work site, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. Any structures of any nature constructed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection or construction thereof, and the CONTRACTOR agrees to indemnify and hold the ENGINEER and OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, construction or maintenance of CONTRACTOR's buildings. 4.13 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep and maintain the premises free from accumulation of debris, trash and waste. The CONTRACTOR shall remove waste, debris and trash at the end of each work day. CONTRACTOR shall remove all such debris, trash and waste, tools, scaffolding and surplus materials, and shall leave the Work broom-clean or its equivalent, upon completion of the Work. The Work shall be left in good order and condition. In case of dispute, the OWNER may remove the debris, trash, waste and surplus materials, and charge the cost to the CONTRACTOR. 4.14 PERFORMANCE OF WORK. It is further agreed that it is the intent of this Contract that all Work must be done and all material must be furnished in accordance with the generally accepted practice for such materials furnished or work completed, unless otherwise provided in the Contract Documents. 4.15 RIGHT OF OWNER TO ACCELERATE THE WORK. If at any time the methods or equipment used by the CONTRACTOR, or the work force supplied are found to be inadequate to achieve the progress required to Substantially Complete the Work within the Contract Time, the OWNER or the ENGINEER as the OWNER's representative, may order the CONTRACTOR in writing to supplement its forces and/or equipment, or work shifts or overtime, or otherwise improve its efficiency and rate of progress to achieve Substantial Completion of the Work within the Contract Time, and the CONTRACTOR shall comply with such order, at its own cost and expense. 4.16 LAYOUT OF WORK. Except as specifically provided herein, the CONTRACTOR shall be responsible for laying out work by means of construction surveying and shall accomplish this work in a manner acceptable to the ENGINEER and in conformance with the Contract Documents. 4.17 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in his own Work or in that of any other contractor, six (6) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules 06-2022 00700- 11 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT required for the work of the various trades. Contractor will check and approve shop drawings for compliance with requirements of Contract Documents and will so certify by stamp on each drawing prior to submittal to ENGINEER. Any drawings submitted without Contractor's stamp of approval will not be considered and will be returned to him for proper submission. The ENGINEER shall pass upon them with reasonable promptness, indicating desired corrections. The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two (2) corrected copies and furnish such other copies as may be needed. The ENGINEER's approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from the Contract Documents, unless he has, in writing, called the ENGINEER's attention to such deviations at the time of the submission, and the ENGINEER has acknowledged and accepted such deviations in writing, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required Contract Work in accordance with the Contract Documents, and within the Contract Time. Such review by the ENGINEER shall be for the sole purpose of determining the apparent sufficiency of said drawings or schedules to result in finished improvements in conformity with the Contract Documents, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR's performance hereunder, and any action taken by the ENGINEER shall not relieve the CONTRACTOR of his responsibility and liability to comply with the Contract Documents. OWNER, CONSTRUCTION MANAGER, ENGINEER, and CONTRACTOR shall make all submittals, review comments, notes, corrections, schedules and updates, testing results, payment applications, instructions and other communications by means of the OWNER'S Pro-Trak. The OWNER, ENGINEER and CONTRACTOR shall each retain such hard copies form this system as are required for their specific record keeping requirements. No documents shall be removed from this system or destroyed except those being replaced by the systems protocols as a latest version document. All requirements for written communications, submittals, comments, instructions or other documents processed by means of this system shall have the same legal or time sensitive status as if they had been hand delivered in hard copy to their intended addressee. 4.18 ENGINEER-CONTRACTOR RELATIONSHIP; OBSERVATIONS. It is agreed by the CONTRACTOR that the ENGINEER, as the OWNER's representative, shall be and is hereby authorized to appoint such subordinate engineers, representatives or observers as the said ENGINEER may from time to time deem proper to observe the materials furnished and the Work done under this Agreement. The CONTRACTOR shall furnish all reasonable aid and assistance required by the subordinate engineers, representatives or observers for the proper observation and examination of the work. The CONTRACTOR shall regard and obey the directions and instructions of any subordinate engineers, representatives or observers so appointed, when such directions and instructions are consistent with the obligations of this Agreement and the Contract Documents, provided, however, should the CONTRACTOR object to any orders by any 06-2022 00700- 12 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT subordinate engineer, representative or observer, the CONTRACTOR may, within three (3) days, make written appeal to the ENGINEER for his decision. 4.19 OBSERVATION AND TESTING. The OWNER or the ENGINEER as the OWNER's representative shall have the right at all reasonable times to observe, inspect and test the Work. The CONTRACTOR shall make all necessary arrangements and provide proper facilities and access for such observation, inspection and testing at any location wherever Work is in preparation or progress. The CONTRACTOR shall ascertain the scope of any observation, inspection or testing which may be contemplated by the OWNER or the ENGINEER and shall give ample notice as to the time each part of the Work will be ready for such observation, inspection or testing. The OWNER or the ENGINEER may reject any Work found to be defective or not in accordance with the Contract Documents, regardless of the stage of its completion or the time or place of discovery of such deficiencies, and regardless of whether the ENGINEER has previously accepted the Work through oversight or otherwise. If any Work is covered without approval or consent of the OWNER, it must, if requested by the OWNER or the ENGINEER, be uncovered for examination, at the sole expense of the CONTRACTOR. In the event that any part of the Work is being fabricated or manufactured at a location where it is not convenient for the OWNER or the ENGINEER to make observations of such Work or require testing of said Work, then in such event, the OWNER or the ENGINEER may require the CONTRACTOR to furnish the OWNER or the ENGINEER with certificates of inspection, testing or approval made by independent persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the Contract Documents. If any Work, which is required to be inspected, tested or approved, is covered up without written approval or consent of the OWNER or the ENGINEER, it must, if requested by the OWNER or the ENGINEER, be uncovered for observation and testing, at the sole expense of the CONTRACTOR. The cost of all such inspections, tests and approvals shall be borne by the CONTRACTOR unless otherwise provided herein. Any Work which fails to meet the requirements of such tests, inspections or approval, and any Work which meets the requirements of any such tests or approval but does not meet the requirements of the Contract Documents shall be considered defective. Such defective Work and any other work affected thereby shall be corrected at the CONTRACTOR'S expense. Neither observations by the OWNER or by the ENGINEER, nor inspections, certifications, tests or approvals made by the OWNER, the ENGINEER or other persons authorized under this Agreement to make such inspections, tests or approvals, shall relieve the CONTRACTOR from his obligation to perform the Work in accordance with the requirements of the Contract Documents. 4.20 DEFECTS AND THEIR REMEDIES. It is further agreed that if the Work or any part thereof or any material brought on the site of the Work for use in the Work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the Contract Documents, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, forthwith remove such material and rebuild or otherwise remedy such Work so that it shall be in full accordance with this Contract, It is further agreed that any such remedial action contemplated herein shall be at CONTRACTOR's expense. 06-2022 00700- 13 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.21 LIABILITY FOR PROPER PERFORMANCE. Engineering construction drawings and specifications, as well as any additional instructions and information concerning the Work to be performed, passing from or through the ENGINEER, shall not be interpreted as requiring or allowing the CONTRACTOR to deviate from the Contract Documents, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to Work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable and contractually bound, at his own expense, for design, construction, installation and use or non-use of all items and methods incident to the performance of the Contract, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, similar items or devices used by him during construction, and work performed either directly or incident to construction, and for all loss, damage or injury incident thereto, either to person or property, whether such damage be suffered by the ENGINEER, the OWNER or any other person not a party to this Contract. Any review of Work in progress or any visit or observation during construction, or any clarification of Contract Documents by the ENGINEER or OWNER, or any agent, employee or representative of either of them, whether through personal observation on the Project site or by means of approval of shop drawings for construction or construction processes, or by other means or methods, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of Work completed or being performed, as measured against the Contract Documents, or for the purpose of enabling the CONTRACTOR to more fully understand the Contract Documents so that the completed construction Work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for proper performance of his Work on the Project, including, without limitation, the propriety of means and methods of the CONTRACTOR in performing said Contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Any action by the ENGINEER or the OWNER in visiting or observing during construction, or any clarification of Contract Documents shall not constitute a waiver of CONTRACTOR'S liability for damages as herein set out. Deviation by the CONTRACTOR from Contract Documents, whether called to the CONTRACTOR's attention or not, shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said Contract Documents, and further shall not relieve CONTRACTOR of his liability for loss, damage or injury as herein set out. 4.22 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR shall be solely responsible for the safety of himself, his employees and persons entering the project site, as well as for the protection of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. The CONTRACTOR shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the Work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded, as a minimum, in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The CONTRACTOR shall provide all necessary machinery guards, safe walkways, ladders, bridges, gangplanks, barricades, fences, traffic control, warning signs and other safety devices. 06-2022 00700- 14 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT No alcoholic beverages, non-prescription drugs, or unsafe practices shall be allowed on the Work site. CONTRACTOR shall dismiss anyone participating in any of the above from the Work site for the duration of the Project. Only prescription drug uses with a doctor's authorization to perform construction activities shall be allowed on the Work site. Violation of this provision is a default under the Contract. The use, possession, sale, transfer, purchase or being under the influence of alcohol, drugs or any other illegal or unlawful substance by CONTRACTOR or CONTRACTOR's employees, or CONTRACTOR's subcontractors and employees at any time at the Work site or while on company business is prohibited. CONTRACTOR shall institute and enforce appropriate drug testing guidelines and program. All accidents or injuries to CONTRACTOR's employees working on the job site must be reported verbally and in writing to the ENGINEER immediately, and within no more than eight(8)hours. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, in his sole discretion as an independent contractor. Inclusion of this paragraph in the Agreement, as well as any notice which may be given by the OWNER or the ENGINEER as the OWNER's representative concerning omissions under thus paragraph as the Work progresses, are intended as reminders to the CONTRACTOR of his duty and shall not be construed as any assumption of duty by ENGINEER, or OWNER's representative to supervise safety precautions by either the CONTRACTOR or any of his subcontractors. 4.23 PROTECTION OF ADJOINING PROPERTY. The CONTRACTOR shall employ proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent or adjoining property. THE CONTRACTOR AGREES TO INDEMNIFY, DEFEND, SAVE AND HOLD HARMLESS THE CONSTRUCTION MANAGER, OWNER AND ENGINEER AGAINST ANY CLAIM OR CLAIMS FOR DAMAGES, LOSS, COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, DUE TO ANY INJURY TO ANY ADJACENT OR ADJOINING PROPERTY, ARISING OR GROWING OUT OF THE PERFORMANCE OF THE CONTRACT, REGARDLESS OF WHETHER OR NOT SUCH DAMAGE, LOSS, COST OR EXPENSE IS CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER AND/OR ENGINEER. 4.24 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. THE CONTRACTOR AGREES THAT HE WILL PROMPTLY PAY WHEN DUE, AND WILL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ALL CLAIMS GROWING OUT OF THE DEMANDS OF SUBCONTRACTORS, LABORERS, WORKERS, MECHANICS, MATERIALMEN AND FURNISHERS OF MACHINERY AND PARTS THEREOF, EQUIPMENT, POWER TOOLS AND ALL SUPPLIES, INCLUDING COMMISSARY, INCURRED IN THE FURTHERANCE OF THE PERFORMANCE OF THIS CONTRACT. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may, at the option of the OWNER, either pay directly any unpaid bills of which the OWNER has written notice, or withhold from the CONTRACTOR's unpaid compensation a sum of money deemed reasonably 06-2022 00700- 15 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT sufficient to liquidate any and all such claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this Contract. Any and all communications between any parties under this paragraph shall be in writing. Nothing contained in this paragraph or this Agreement shall create, establish or impose any relationship, contractual or otherwise,between OWNER and any subcontractor, laborer or supplier of CONTRACTOR, nor shall it create, establish or impose any duty upon OWNER to pay or to see to the payment of any subcontractor, laborer or supplier of CONTRACTOR. 4.25 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR shall pay all royalties and license fees and shall provide for the use of any design, device, material or process covered by letters patent or copyright, by suitable legal agreement with the patentee or owner thereof THE CONTRACTOR SHALL DEFEND ALL SUITS OR CLAIMS FOR INFRINGEMENT OF ANY PATENT OR COPYRIGHT AND SHALL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF, EXCEPT SUCH SUITS AND CLAIMS ARISING OUT OF A PARTICULAR DESIGN, DEVICE, MATERIAL OR PROCESS OR THE PRODUCT OF A PARTICULAR MANUFACTURER OR MANUFACTURERS SPECIFIED OR REQUIRED BY THE OWNER; PROVIDED, HOWEVER, IF CHOICE OF ALTERNATE DESIGN, DEVICE, MATERIAL OR PROCESS IS ALLOWED TO THE CONTRACTOR, OR IF CONTRACTOR KNEW OR SHOULD HAVE KNOWN OF THE PATENT OR COPYRIGHT AND FAILED TO PROMPTLY NOTIFY OWNER IN WRITING, THEN THE CONTRACTOR SHALL INDEMNIFY, DEFEND, SAVE AND HOLD THE OWNER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF. 4.26 INDEMNIFICATION. THE CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE ENGINEER AND THE OWNER HARMLESS FROM ANY CLAIMS OR DEMANDS OF ANY NATURE WHATSOEVER MADE BY ANY EMPLOYEE, EMPLOYEES, AGENTS OR SUBCONTRACTORS OF CONTRACTOR, OR BY ANY UNION, TRADE ASSOCIATION, WORKER'S ASSOCIATION OR OTHER GROUPS, ASSOCIATIONS OR INDIVIDUALS, ALLEGEDLY REPRESENTING EMPLOYEES OF THE CONTRACTOR, IN ANY DISPUTE BETWEEN THE CONTRACTOR AND HIS EMPLOYEES, DIRECTLY OR INDIRECTLY INVOLVING, GROWING OUT OF OR ARISING FROM CLAIMS BY SUCH EMPLOYEES FOR WAGES, SALARY, COMPENSATION, BENEFITS, WORKING CONDITIONS OR ANY OTHER SIMILAR COMPLAINT OR CLAIM WHICH MAY BE MADE. THE CONTRACTOR, HIS SURETIES AND INSURANCE CARRIERS SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER AND THE ENGINEER AND THEIR RESPECTIVE OFFICERS, REPRESENTATIVES, AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, CLAIMS, LOSSES, DEMANDS, SUITS, LIABILITIES, JUDGMENTS AND COSTS OF ANY CHARACTER WHATSOEVER, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, AND SHALL BE REQUIRED TO PAY ANY JUDGMENT THEREFOR, WITH COSTS, WHICH MAY BE OBTAINED AGAINST THE OWNER AND/OR THE ENGINEER OR ANY OF THEIR OFFICERS, REPRESENTATIVES, AGENTS OR EMPLOYEES, ARISING OUT OF OR RESULTING FROM OR ALLEGEDLY ARISING OUT OF OR RESULTING FROM THE PERFORMANCE 06-2022 00700- 16 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT OF THE WORK, PROVIDED THAT ANY SUCH DAMAGES, CLAIM, LOSS, DEMAND, SUIT, LIABILITY, JUDGMENT, COST OR EXPENSE: (A) ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN PART, OR ALLEGEDLY ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN PART, ANY BREACH OF THIS AGREEMENT OR BREACH OF WARRANTY BY CONTRACTOR; OR (B) IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE OR DEATH OR INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY, INCLUDING THE LOSS OF USE RESULTING THEREFROM; AND IS CAUSED IN WHOLE OR IN PART OR IS ALLEGEDLY CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF THE CONTRACTOR, ANY SUBCONTRACTOR, THEIR AGENTS OR EMPLOYEES OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY ONE OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT IT IS CAUSED IN PART OR ALLEGEDLY CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER, ENGINEER AND/OR A PARTY INDEMNIFIED HEREUNDER. Notwithstanding the foregoing or anything in the Agreement to the contrary, in accordance with the provisions of Section 130.002 of the Texas Civil Practice and Remedies Code, CONTRACTOR shall not be obligated to indemnify or hold harmless the ENGINEER, his agents, servants or employees, from liability for damage that is caused by or results from defects in plans, designs or specifications prepared, approved or used by the ENGINEER, or negligence of the ENGINEER in the rendition or conduct of professional duties called for or arising out of any construction contract and the plans, designs or specifications that are a part of the construction contract, and arises from personal injury or death, property injury, or any other expense that arises from personal injury, death, or property injury. This indemnity agreement is a continuing obligation, and shall survive notwithstanding completion of the Work, Final Payment, expiration of the warranty period, termination of the Contract, and abandonment or takeover of the Work. CONTRACTOR's indemnification obligations hereunder shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or a subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts, and shall not be limited by any limitation on amounts or coverage of insurance provided or to be provided under this Contract. 4.27 LOSSES FROM NATURAL CAUSES. All loss, cost, expense or damage to the CONTRACTOR arising out of the nature of the Work to be done or from any unforeseen circumstances in the prosecution of the same, or from the action of the elements, or from unusual obstructions or difficulties which may be encountered in the prosecution of the Work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 06-2022 00700- 17 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.28 GUARANTEE. The CONTRACTOR hereby guarantees all the Work under the Contract to be free from defects or deficiencies in material in every particular and free from defects or deficiencies in workmanship; and against unusual damage from proper and usual use; and agrees to replace or to re-execute without cost to the OWNER such Work as may be found to be defective, deficient or otherwise not in conformance with the Contract Documents, and to make good all damages caused to other work or material, due to such defective Work or due to its required replacement or re-execution. This guarantee shall cover a period of one year from the date of Substantial Completion or Partial Substantial Completion of Work under the Contract, as evidenced by the Certificate of Substantial Completion. Neither the Certificate of Substantial Completion, Final Payment, nor any provision in the Contract Documents shall relieve the CONTRACTOR of the responsibility for defective, deficient or non-conforming material or workmanship during the period covered by the guarantee. The one-year period of guarantee will not limit the OWNER'S other rights under common law with respect to any defects, deficiencies or non-conforming Work discovered after one year. If this one-year guarantee conflicts with other warranties or guarantees, the longer period of warranty or guarantee will govern. 5.0 PROSECUTION AND PROGRESS 5.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his Work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the Work shall.be Substantially Completed as a whole and in 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 ENGINEER shall submit such written request, together with his written recommendation, to the 06-2022 00700- 18 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT OWNER for consideration. If the delay is not attributable in whole or in part to any act or omission of CONTRACTOR, its subcontractors or suppliers, and if the OWNER determines that CONTRACTOR is entitled to an extension of time under the terms of the Contract, the OWNER shall grant an extension of time for Substantial Completion of the Work, sufficient to compensate for the delay, and such extension of time shall be CONTRACTOR's sole and exclusive remedy, except as may be otherwise provided herein. No extensions of Contract Time shall be made for delays occurring prior to the Contractor's mobilization as defined in Section 01505 MOBILIZATION. The Contract Time as defined in the Bid Proposal and other sections herein incorporates 40 Rain Days per calendar year or an average of 3.33 days per calendar month. The CONTRACTOR is required to keep record of all weather related delays and to submit the monthly count on each Pay Application. The Owner's Representative shall review and sign off on this record as a part of the Pay Application approval process every month. If, during preparation of the Balancing Change Order, the status of the work progress requires an extension of the Contract Time, Impact Days shall be added to the Completion Date equal to the total number of Weather or Impact Days approved less the original 40 days resident in the original Contract Time. The Addition of Weather or Impact Days will only alter the Contract Time when added by Change Order. If the Work is completed prior to the Completion Date, No Days will be added. The addition of Weather or Impact Days shall be the CONTRACTOR's sole remedy for delays to the completion of the Work and their addition to the Contract Time shall not affect the Contract Price through any "per diem" adjustment to the General Conditions costs, Temporary Facilities costs or any other costs associated with the extension of the Contract Time. 5.03 HINDRANCES AND DELAYS. In executing the Contract, the CONTRACTOR agrees that in undertaking to complete the Work within the time herein fixed, he has taken into consideration and made allowances for all interference, disruption, hindrances and delays incident to such Work, whether growing out of delays in securing material, workmen or otherwise. No claim shall be made by the CONTRACTOR for damages, loss, costs or expense resulting from interference, disruption, hindrances or delays from any cause during the progress of any portion of the Work embraced in this Contract, except where the Work is stopped or suspended by order of the OWNER's representative and such stoppage or suspension is not attributable to any act or omission of CONTRACTOR. 5.04 SUSPENSION OF WORK. OWNER may, without cause, order the CONTRACTOR in writing to suspend the Work, in whole or in part, for such period of time as OWNER may request. The Contract Price and/or Contract Time shall be adjusted for any increase in the cost of or the time required for performance of the Work caused by such suspension. No adjustment shall be made to the extent performance was or would have been suspended by a cause for which CONTRACTOR is responsible, or to the extent an adjustment is made or denied under another provision of the Contract Documents. 5.05 LIQUIDATED DAMAGES FOR DELAY: It is understood and agreed that time is of the essence, and that the CONTRACTOR will commence the Work on the date specified herein or in any Notice to Proceed, and will Substantially Complete the Work within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the Substantial Completion of the Work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The CONTRACTOR further agrees that a failure to complete on time will cause damage to the OWNER and that such damages 06-2022 00700- 19 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT cannot be accurately measured or that ascertainment will be difficult. Therefore, the parties agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the Contract Time, the CONTRACTOR shall pay, as liquidated damages and as a reasonable estimate of OWNER's damages, and not as a penalty, the amount set out in the Standard Form of Agreement. However, the foregoing agreement as to liquidated damages constitutes only an agreement by the OWNER and the CONTRACTOR as to the amount of damages which the OWNER will sustain by reason of the CONTRACTOR'S failure to complete the work within the Contract Time. Should the OWNER suffer damage by reason of any other breach by CONTRACTOR, the OWNER may recover such actual damages in addition to any liquidated damages due. The OWNER shall have the right to deduct and withhold the amount of any and all such damages whether it be the minimum amount stipulated above or otherwise, from any monies owing by it to said CONTRACTOR, or the OWNER may recover such amount from the CONTRACTOR and the sureties of his bond; all of such remedies shall be cumulative and the OWNER shall not be required to elect any one nor be deemed to have made an election by proceeding to enforce any one remedy. 5.06 CHANGE OF CONTRACT TIME: The Contract Time may only be changed by a Change Order. Any claim for an adjustment of Contract Time shall be based on written notice delivered by the party making such claim to the other party and to the ENGINEER promptly, but in no event later than ten (10) days after the event-giving rise to the claim. Notice of the extent of the claim, along with supporting data, shall be delivered within thirty (30) days of the occurrence and shall be accompanied by the claimant's written representation that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in Contract Time shall be determined by the ENGINEER in accordance with the requirements of this paragraph. Contractor shall submit, as a minimum, the following data: A. Information showing that the time requested is not included in the existing Contract and in addition to the Contract. B. Information documenting that the number of days requested is accurate for the event. C. Revised, current construction schedule showing that the time requested affects the project's critical path. 5.07 DELAYS BEYOND OWNER'S AND CONTRACTOR'S CONTROL: Where CONTRACTOR is prevented from completing any part of the Work within the Contract Time due to delays beyond the control of the OWNER and the CONTRACTOR, including, but not limited to, interference by utility owners or other contractors performing other work, Contractor shall be entitled to an extension of the Contract Time in an amount equal to the time lost. CONTRACTOR shall not be entitled to any increase in Contract Price as a result of such delays. IN NO EVENT SHALL OWNER BE LIABLE TO CONTRACTOR FOR 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 06-2022 00700-20 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT cannot be accurately measured or that ascertainment will be difficult. Therefore, the parties agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the Contract Time, the CONTRACTOR shall pay, as liquidated damages and as a reasonable estimate of OWNER's damages, and not as a penalty, the amount set out in the Standard Forin 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 06-2022 00700-20 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT to fault of OWNER. An extension of Contract time shall be CONTRACTOR's sole and exclusive remedy for any such delays. Delays attributed to, and within the control of, a Subcontractor or Supplier shall be deemed to be delays within the control of the CONTRACTOR. 6.0 MEASUREMENT AND PAYMENT 6.01 DISCREPANCIES AND OMISSIONS. If the CONTRACTOR knows or reasonably should have known of any discrepancies or omissions in the Contract Documents, he shall notify the ENGINEER and obtain a clarification by Addendum before the bids are received, and if no such request is received by the ENGINEER prior to the opening of bids, then it shall be considered that the CONTRACTOR fully understands the Work to be performed and has provided sufficient sums in his Bid Proposal to complete the Work in accordance with the Contract Documents. It is further understood that any request for clarification must be submitted no later than five (5) days prior to the opening of bids. 6.02 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, volume, number and weight only shall be considered,unless otherwise specifically provided. 6.03 ESTIMATED QUANTITIES. This Agreement, including the Contract Documents, and including any estimates contained therein, is intended to convey all Work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of Work to be done and material to be furnished under this Contract, they are approximate and are to be used only as a basis for estimating the probable cost of the Work and for comparing the Bid Proposals offered for the Work. It is understood and agreed that the actual amount of Work to be done and the materials to be furnished under this Contract may differ from the estimates and that the items listed or estimated quantities stated, and/or any difference between estimated and actual Work, shall not give rise to a claim by the CONTRACTOR against the OWNER for loss, cost, expense, damages,unit price adjustment, quantity differences,unrecovered overhead or lost or anticipated profits, or other compensation. 6.04 PRICE OF WORK. It is agreed that it is the intent of this Contract that all Work described in the Bid Proposal, and Contract Documents, is to be done for the prices bid by the CONTRACTOR and that such prices shall include all appurtenances necessary to complete the Work in accordance with the intent of these Contract Documents as interpreted by the ENGINEER, and all costs, expenses, bond and insurance premiums, taxes, overhead, and profit. In consideration of the furnishing of all the necessary labor, equipment and material and the completion of all Work by the CONTRACTOR, and upon the completion of all Work and the delivery of all materials embraced in this Contract in full conformity with the Contract Documents, the OWNER agrees to pay to the CONTRACTOR the prices set forth in the Standard Form of Agreement, OWNER and CONTRACTOR agree that the Contract is a unit cost agreement, unless stated otherwise, and that the final Contract amount is equal to the unit cost multiplied by the number of units authorized, installed and approved by the Owner. The OWNER does not assume any obligation to pay for any services or material not actually authorized and used. The CONTRACTOR hereby agrees to receive such prices as payment in full for furnishing all materials and all labor required for the aforesaid Work, and for all expenses incurred by him, and for full performance of the Work and the whole thereof in the 06-2022 00700-21 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT manner and according to this Agreement, Contract Documents, and the requirements of the ENGINEER. 6.05 PAYMENTS. No payments made or approvals or certificates given shall be considered as conclusive evidence of the performance of the Contract, either in whole or in part, nor shall any certificate, approval or payment be considered as acceptance of defective, deficient or non-conforming Work. CONTRACTOR shall, at any time requested during the progress of the Work, furnish the OWNER or the ENGINEER with an affidavit showing the CONTRACTOR's total outstanding indebtedness in connection with the Work. Before Final Payment is made, the CONTRACTOR shall satisfy the OWNER, by affidavit or otherwise, that there are no unpaid claims due subcontractors, suppliers or laborers by reason of any Work under the Contract. Acceptance by CONTRACTOR of Final Payment shall constitute a waiver of any and all claims of whatsoever nature against OWNER, arising out of or related to the Contract, or the Work, or any acts or omissions of OWNER or ENGINEER, which have not theretofore been timely filed as provided in this Contract. 6.06 PARTIAL PAYMENTS. When the Contract Price is a lump sum amount,prior to the first Application for Payment, CONTRACTOR shall submit to ENGINEER for review and approval a Schedule of Values, which shall fairly allocate the entire Contract Price among the various portions of the Work and shall be prepared in such form and supported by such data to substantiate its accuracy as the ENGINEER may reasonably require. The Schedule of Values shall follow the trade divisions of the Specifications so far as practicable. Upon approval, this Schedule of Values shall be used by ENGINEER as the basis for reviewing the Contractor's Application for Payment. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. When the Contract Price is based on Unit Costs the Contractor shall utilize the Bid Form Quantities and Unit Costs as the basis of the Pay Application. The Contractor shall develop individual Pay Applications by accurately recording in progressive order the total accumulated number of units of work (line items) performed in the Pay Application multiplying that quantity by the agreed Contract Unit Price to derive a progressive total for each line item of the Work, If, at any time during the performance of the WORK, the performed quantity, exceeds the CONTRACT quantity, the CONTRACTOR shall notify the ENGINEER and the OWNER of the pending discrepancy prior to submitting the Pay Application. 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 performed 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 Schedule of Values or 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 or OWNER finds that CONTRACTOR's application for payment contains an error or is otherwise 06-2022 00700-22 of 36 CITY OF PEA RLAND GENERAL CONDITIONS OF AGREEMENT disputed, the OWNER shall notify CONTRACTOR of such error or dispute in writing by issuance of a Notification Of Error requesting the correction of the application for payment identifying those items deemed to be in error. The contractual time for the ENGINEER'S and OWNER'S review, approval and processing for payment of the Pay Application shall reset once the CONTRACTOR re-submits a corrected Application for Payment. ENGINEER'S or OWNER'S Notification of Error to CONTRACTOR that a bona fide dispute for payment exists shall include a list of the specific reasons for nonpayment or required corrections. 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 project management system and signed with the appropriate electronic signatures as provided for in the software. Such applications for payment shall not be considered complete unless accompanied by the 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. Upon receipt of a Correct and Approved Application for Payment 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"6.09 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 06-2022 00700-23 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT delays the Work, the CONTRACTOR shall promptly and within three (3) days of OWNER's taking possession, give OWNER written notice of same, and CONTRACTOR may be entitled to such extra compensation or extension of time, or both, as may be determined in accordance with the provisions of this Agreement. 6.08 SUBSTANTIAL COMPLETION. The CONTRACTOR shall notify the OWNER AND ENGINEER, by letter executed by a duly qualified officer of CONTRACTOR that in CONTRACTOR's opinion, the Work of the Contract, or an agreed portion thereof, is "Substantially Complete". Such notification shall include a list of all outstanding or incomplete items. Upon receipt, and within a reasonable time thereafter, of such notice, the ENGINEER and the CONTRACTOR shall jointly perform a walk-through and inspection of the Work to determine the status of all or the identified portion of the work, and the ENGINEER shall prepare a detailed 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 06-2022 00700-24 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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; (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 06-2022 00700-25 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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. 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; 06-2022 00700-26 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (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 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. 06-2022 00700-27 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (a)Upon receipt, the ENGINEER will evaluate the CONTRACTOR's request. If the ENGINEER agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the CONTRACTOR, its suppliers, or subcontractors at any approved tier, and not caused by weather, the ENGINEER will make an adjustment(excluding profit) and modify the contract in writing accordingly. The CONTRACTOR will be notified of the ENGINEER's determination, in writing, whether or 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 1.06 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 06-2022 00700-28 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT agreed that the basis of compensation or adjustment to the CONTRACTOR for work either altered, added or deleted by a Change Order or Work Change Directive, or for which a claim for Extra Work is made, shall be determined by one or more of the following methods: Method(A) --By Contract unit prices applicable to the work, if any; or Method(B) --By agreed unit prices or agreed stipulated lump sum price; or 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." 06-2022 00700-29 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT No claim for Extra Work of any kind will be allowed unless ordered by the ENGINEER in a written Work Order. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the Contract Time, he shall make written request to the ENGINEER for a written Work Order authorizing such Extra Work within ten (10) days of ENGINEER's orders or instructions, otherwise the orders or instructions will be considered minor changes. The issuance of a Work Order by the ENGINEER shall not constitute or be construed as an agreement or acknowledgement by the ENGINEER that the work which is the subject of the Work Order is Extra Work outside the scope of the Contract Work, but shall merely constitute a direction to the 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. 06-2022 00700-30 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 8.0 DEFAULT 8.01 DEFAULT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume Work within five (5) days after written notification from the OWNER or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER when such orders are consistent with the Contract Documents, or if the CONTRACTOR otherwise defaults on its obligations under the Contract, OWNER shall have the right, if it so elects and 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 06-2022 00700-31 of 36 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 06-2022 00700-32 of 36 CITY OF PEA RLAND 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 aclaiowledges 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 06-2022 00700-33 of 36 CITY OF PEA RLAND 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 tennination 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. hi 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. 06-2022 00700-34 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8.09 DEFAULT BY OWNER. In case the OWNER shall default on its material obligations under this Contract, other than OWNER's failure to pay CONTRACTOR a disputed amount due within the time limits provided in the Contract or applicable law, as addressed by Section 6.13 of this Agreement, and shall fail or refuse to cure, or to commence and diligently pursue cure of such default within fifteen (15) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the Work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of the Work that have not been included in payments to the CONTRACTOR and have not been incorporated into the Work. And thereupon, the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all Work actually completed by said CONTRACTOR (at the Contract Prices), the value of all partially completed Work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this Contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole Work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement, and shall present the same to the OWNER, and OWNER's payment of said sum to the CONTRACTOR, on or before thirty (30) days after OWNER's receipt of such statement, shall satisfy any and all rights, claims or causes of action of CONTRACTOR arising out of or related to such default by OWNER, and shall be CONTRACTOR's sole and exclusive remedy for such default. A disputed or unilateral claim by the Contractor cannot by itself constitute a default hereunder. 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, 06-2022 00700-35 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Texas, or, if such choice of venue is prohibited or unenforceable by law, shall be held in the county where the Project is located. CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in the event OWNER seeks to enforce any provision of this Contract whether by arbitration or other dispute resolution process. Further, in the event OWNER defends any claim instituted by CONTRACTOR against OWNER, whether in arbitration or other dispute resolution process, CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in defending such claim provided OWNER is the prevailing party, in whole or in part, in such proceeding. 06-2022 00700-36 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 1 TO GENERAL CONDITIONS WORKERS' COMPENSATION INSURANCE COVERAGE A. DEFINITIONS: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project for the duration of the Project. Duration of the Project -includes the time from the beginning of the Work on the Project until the contractor's/person's work on the Project has been completed and the Project warranty period has expired. Persons providing services on the project includes persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with due contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, motor carriers and owner- operators, (as defined at Section 406.121 of the Texas Labor Code), leasing companies, and employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for employees of the contractor providing services on the project, for the duration of the project. C. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the Contract. D. If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. E. The CONTRACTOR shall obtain from each subcontractor or other person providing services on a project, and provide to the OWNER: (I) a certificate of coverage, prior to that person beginning work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 05/2007 00700-A I 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, infonning 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." 1. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, too: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for all of its employees providing services on the Project, for the duration of the Project; (2) provide to the CONTRACTOR, prior to that person beginning work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the Project: 05/2007 00700-A2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (3) provide the CONTRACTOR,prior to the end of the coverage period, a new certificate of coverage, showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (4) obtain from each other person with whom it contracts, and provide to the CONTRACTOR: (a) a certificate of coverage,prior to the other person beginning work on the Project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (5) retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; (6) notify the OWNER in writing by certified mail or personal delivery,within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage agreements will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR, which entitles the OWNER to pursue all rights and remedies available to it under the Contract, at law or in equity, if the CONTRACTOR does not remedy the breach within ten days after receipt of notice of breach from the OWNER. 05/2007 00700-A3 CITY OF PEA RLAND 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 Phase II - Along Library 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-B 1 CITY OF PEA RLAND 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-B2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS COUNTY OF § BEFORE ME,the undersigned authority, on this day personally appeared the person or persons whose name(s) are subscribed to the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, who each, after being by me duly sworn, on their oaths deposed and said: I (We) am (are)the person(s)who signed and executed the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, and I (we)have read the facts and statements as therein set out and the representations as made therein, and I (we) state that the above and foregoing are true and correct. CONTRACTOR- Affiant SWORN TO AND SUBSCRIBED TO before me, the day of 20_. Notary Public, State of Texas My Commission Expires: [This form is for use in the event CONTRACTOR is a corporation.] 07/2006 00700-B3 CIT)'OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared the persons who signed and executed the above and foregoing Agreement for Final Payment mid Contractor's Sworn Release, whose names are set out above, who each, after being by me duly sworn, on their oaths deposed and said: We each are the persons whose names are subscribed above, and hold respectively the offices in the corporation as set out above, and each state under oath that we have the authority to execute this Agreement for Final Payment and Contractor's Sworn Release for and on behalf of said corporation,pursuant to authority granted to us in the Charter of said corporation,the By-Laws of said corporation and/or the Minutes of said corporation; and the facts, statements and representations as set out in the instrument to which this Affidavit is attached, are true and correct. SWORN TO AND SUBSCRIBED TO before me this,the day of , 20 Notary Public, State of Texas My Commission Expires: 07/2006 00700-B4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 3 TO GENERAL CONDITIONS OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR 1. Definitions. For purposes of this Agreement: 1.1 Owner Parties. "Owner Parties" means (a) the City of Pearland, its successors and assigns, and the Engineer, (b) any officers, employees, or agents of such persons or entities, and(c) others as required by the Contract Documents, if any. 1.2 Contractor. "Contractor" shall mean the vendor providing the service or work to be performed under this Agreement. 1.3 Subcontractor. "Subcontractor" shall include subcontractors of any tier. 1.4 ISO. "ISO"means Insurance Services Office. 2. Contractor Insurance Representations to Owner Parties 2.1 It is expressly understood and agreed that the insurance coverages required herein: 2.1.1 represent Owner Parties' minimum requirements and are not to be construed to void or limit the Contractor's indemnity obligations as contained in this Agreement nor represent in any manner a determination of the insurance coverages the Contractor should or should not maintain for its own protection; and 2.1.2 are being, or have been, obtained by the Contractor in support of the Contractor's liability and indemnity obligations under this Agreement. Neither the requirements as to insurance to be carried as provided for herein, the insolvency, bankruptcy or failure of any insurance company carrying insurance of the Contractor, nor the failure of any insurance company to pay claims accruing, shall be held to affect,negate or waive any of the provisions of this Agreement. 2.2 Failure to obtain and maintain the required insurance shall constitute a material breach of, and default under, this Agreement. If the Contractor shall fail to remedy such breach within five (5) business days after notice by the Owner, the Contractor will be liable for any and all costs, liabilities, damages and penalties resulting to the Owner Parties from such breach, unless a written waiver of the specific insurance requirement(s) is provided to the Contractor by the Owner. In the event of any failure by the Contractor to comply with the provisions of this Agreement, the Owner may, without in any way compromising or waiving any right or remedy at law or in equity, on notice to the Contractor, purchase such insurance, at the Contractor's expense, provided that the Owner shall have no obligation to do so and if the Owner shall do so, the Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. 10-2012 00700-C 1 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3. Conditions Affecting All Insurance Required Herein 3.1 Cost of Insurance. All insurance coverage shall be provided at the Contractor's sole expense. 3.2 Status and Rating of Insurance Company. All insurance coverage shall be written through insurance companies authorized to do business in the state in which the work is to be performed and rated no less than A-: VII in the most current edition of A. M. Best's Key Rating Guide. 3.3 Restrictive, Limiting, or Exclusionary Endorsements. All insurance coverage shall be provided to the Owner Parties in compliance with the requirements herein and shall contain no endorsements that restrict, limit, or exclude coverage required herein in any manner without the prior express written approval of the Owner. 3.4 Limits of Liability. The limits of liability may be provided by a single policy of insurance or by a combination of primary and umbrella policies, but in no event shall the total limits of liability available for any one occurrence or accident be less than the amount required herein. 3.5 Notice of Cancellation, Nonrenewal, or Material Reduction in Coverage. All insurance coverage shall contain the following express provision: In the event of cancellation, non-renewal, or material reduction in coverage affecting the certificate holder, thirty (30) days prior written notice shall be given to the certificate holder by certified mail or registered mail,return receipt requested. 3.6 Waiver of Subrogation. The Contractor hereby agrees to waive its rights of recovery from the Owner Parties with regard to all causes of property and/or liability loss and shall cause a waiver of subrogation endorsement to be provided in favor of the Owner Parties on all insurance coverage carried by the Contractor, whether required herein or not. 3.7 Deductible/Retention. Except as otherwise specified herein, no insurance required herein shall contain a deductible or self-insured retention in excess of $25,000 without prior written approval of the Owner. All deductibles and/or retentions shall be paid by, assumed by, for the account of, and at the Contractor's sole risk. The Contractor shall not be reimbursed for same. 4. Maintenance of Insurance. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required: 10-2012 00700-C2 CITY OF PEA RLAND GENERAL CONDITIONS OF AGREEMENT 4.1 Commercial General Liability Insurance 4.1.1 Coverage. Such insurance shall cover liability arising out of all locations and operations of the Contractor, including but not limited to liability assumed under this contract (including the tort liability of another assumed in a business contract). Defense shall be provided as an additional benefit and not included within the limit of liability. 4.1.2 Form. Commercial General Liability Occurrence form (at least as broad as an unmodified ISO CG 0001 0798 or its equivalent). 4.1.3 Amount of Insurance. Coverage shall be provided with limits of not less than: Each Occurrence Limit $1,000,000 General Aggregate Limit $2,000,000 Product-Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 4.1.4 Required Endorsements a. Additional Insured. Additional insured status shall be provided in favor of the Owner Parties on any of the following: i. ISO form CG 20 10 11 85; or ii. ISO form CG 20 26 11 85; or iii. a combination of ISO forms CG 20 33 10 01 and CG 20 37 10 01; or iv. any form providing equivalent protection to Owner. b. Designated Construction Project(s) Aggregate Limit. The aggregate limit shall apply separately to this Agreement through use of an ISO CG 25 03 03 97 endorsement or its equivalent. C. Notice of Cancellation Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. d. Personal Injury Liability. The personal injury contractual liability exclusion shall be deleted. e. Primary and Non-Contributing; Liability. It is the intent of the parties to this Agreement that all insurance required herein shall be primary to all insurance available to the Owner Parties. The obligations of the Contractor's insurance shall not be affected by any other insurance available to the Owner Parties and shall seek no contribution from the Owner Parties' insurance, whether primary, excess contingent, or on any other basis. The Contractor's insurance coverage shall be endorsed to provide such primary and non- contributing liability. f. Waiver of Subrogation,_ as required in 3.6, above. 10-2012 00700-C3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 fiom all subcontractors containing provisions similar to those listed herein (modified to recognize that the certificate is from subcontractor) enumerating, among other things, the waivers of subrogation, additional insured status, and primary liability as required herein, and make them available to the Owner upon request. 7.2 The Contractor is fully responsible for loss and damage to its property on the site, including tools and equipment, and shall take necessary precautions to prevent damage to or vandalism, theft, burglary, pilferage and unexplained disappearance of property. Any insurance covering the Contractor's or its subcontractor's property shall be the Contractor's and its subcontractor's sole and complete means or recovery for any such loss. To the extent any loss is not covered by said insurance or subject to any deductible or co-insurance, the Contractor shall not be reimbursed for same. Should the Contractor or its subcontractors choose to self insure this risk, it is expressly agreed that the Contractor hereby waives, and shall cause its 10-2012 00700-C9 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.1 Commercial General Liability Insurance 4.1.1 Coverage. Such insurance shall cover liability arising out of all locations and operations of the Contractor, including but not limited to liability assumed under this contract (including the tort liability of another assumed in a business contract). Defense shall be provided as an additional benefit and not included within the limit of liability. 4.1.2 Form. Commercial General Liability Occurrence form (at least as broad as an unmodified ISO CG 0001 0798 or its equivalent). 4.1.3 Amount of Insurance. Coverage shall be provided with limits of not less than: Each Occurrence Limit $1,000,000 General Aggregate Limit $2,000,000 Product-Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 4.1.4 Required Endorsements a. Additional Insured. Additional insured status shall be provided in favor of the Owner Parties on any of the following: i. ISO form CG 20 10 11 85; or ii. ISO form CG 20 26 11 85; or iii. a combination of ISO forms CG 20 33 10 01 and CG 20 37 10 01; or iv. any form providing equivalent protection to Owner. b. Designated Construction Project(s) Aggregate Limit. The aggregate limit shall apply separately to this Agreement through use of an ISO CG 25 03 03 97 endorsement or its equivalent. C. Notice of Cancellation Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. d. Personal Injury Liability. The personal injury contractual liability exclusion shall be deleted. e. Primary and Non-Contributing Liability. It is the intent of the parties to this Agreement that all insurance required herein shall be primary to all insurance available to the Owner Parties. The obligations of the Contractor's insurance shall not be affected by any other insurance available to the Owner Parties and shall seek no contribution from the Owner Parties' insurance, whether primary, excess contingent, or on any other basis. The Contractor's insurance coverage shall be endorsed to provide such primary and non- contributing liability. f. Waiver of Subrogation, as required in 3.6, above. 10-2012 00700-C3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.1.5 Continuing Commercial General Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to Owner stating Work completion date. 4.2 Auto Liability Insurance 4.2.1 Coverage. Such insurance shall cover liability arising out of any auto (including owned, hired, and non-owned). 4.2.2 Form. Business Auto form (at least as broad as an unmodified ISO CA 0001 or its equivalent). 4.2.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $1,000,000. 4.2.4 Required Endorsements a. Notice of Cancellation Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. 4.3 Employer's Liability Insurance 4.3.1 Coverage. Employer's Liability Insurance shall be provided as follows: 4.3.2 Amount of Insurance. Coverage shall be provided with a limit of not less than: Employer's Liability: $1,000,000 each accident and each disease. 4.3.3 Required Endorsements a. Notice of Cancellation Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. 4.4 Umbrella Liability Insurance 4.4.1 Coverage. Such insurance shall be excess over and be no less broad than all coverages described above and shall include a drop-down provision for exhaustion of underlying limits. 4.4.2 Form. This policy shall have the same inception and expiration dates as the commercial general liability insurance required above. 10-2012 00700-C4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.4.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $5,000,000. 4.4.4 Continuing Umbrella Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.5 Professional Liability Insurance 4.5.1 Coverage. The Contractor shall provide professional liability insurance for any professional design or engineering drawing required by the work. Such insurance shall indemnify the Owner from claims arising from the negligent performance of professional services of any type, including but not limited to design or design/build services as part of the Work to be performed. 4.5.2 Form. This insurance shall include prior acts coverage sufficient to cover all services rendered by the Contractor and by its consultants under this Agreement. It is recognized that this coverage may be provided on a Claims-Made basis. 4.5.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $1,000,000. 4.5.4 Continuing Professional Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.6 Builder's Risk 4.6.1 Insureds. Insureds shall include: a. Owner, General Contactor and all Loss Payees and Mortgagees as Named Insureds; and b. subcontractors of all tiers in the Work as Additional Insureds. 10-2012 00700-C5 CITY OF PEA RLAND GENERAL CONDITIONS OF AGREEMENT 4.6.2 Covered Property. Such insurance shall cover: a. all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes and wiring, excavations, grading, backfilling or filling; b. all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) located at the site; C. all property including materials and supplies on site for installation; d. all property including materials and supplies at other locations but intended for use at the site; e. all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and f. other Work at the site identified in the Agreement to which this Exhibit is attached. Form a. Coverage shall be at least as broad as an unmodified ISO Special form, shall be provided on a completed-value basis, and shall be primary to any other coverage insurance available to the insured parties, with that other insurance being excess, secondary and non- contributing. b. No protective safeguard warranty shall be permitted. C. Required coverage shall further include: i. Additional expenses due to delay in $ TBD completion of project(where applicable) ii. Agreed value Included without sublimit iii. Damage arising from error, omission or Included without sublimit deficiency in construction methods, design, specifications, workmanship or materials, including collapse iv. Debris removal additional limit 25% of direct damage loss V. Earthquake (where applicable) $ TBD vi. Earthquake sprinkler leakage (where $ TBD applicable) vii. Expediting expenses $ TBD viii. Flood(where applicable) $ TBD ix. Freezing Included without sublimit X. Mechanical breakdown, including hot & Included without sublimit cold testing (where applicable) xi. Notice of cancellation, non-renewal or Included 10-2012 00700-C6 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT material reduction—60 days prior written notice to each insured xii. Occupancy clause, as required in F, Included below xiii. Ordinance or law Included without sublimit xiv. Pollutant clean-up and removal $ TBD xv. Preservation of property Included without sublimit xvi. Replacement cost Included xvii. Theft Included without sublimit xviii. Waiver of subrogation as required in G, Included below. 4.6.3 Amount of Insurance. Coverage shall be provided in an amount equal at all times to the full replacement value and cost of debris removal for any single occurrence. 4.6.4 Deductibles. Deductibles shall not exceed the following: a. All Risks of Direct Damage, Per $5,000 Occurrence, except b. Delayed Opening Waiting Period 5 Days C. Flood, Per Occurrence $25,000 or excess of NFIP if in Flood Zone A, B or V d. Earthquake and Earthquake Sprinkler $25,000 Leakage, Per Occurrence 4.6.5 Termination of Coverage. The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed so long as such occupancy does not exceed 20% of the usable area of the property. This insurance shall be maintained in effect, unless otherwise provided for in the Contract Documents, until the earliest of the following dates: a. the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; b. the date on which final payment, as provided for in the Agreement to which this Exhibit is attached, has been made; or C. the date on which the insurable interests in the Covered Property of all insureds other than Contractor have ceased. 10-2012 00700-C7 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.6 Waiver of Subrogation. The waiver of subrogation provision shall be endorsed as follows: a. A waiver of subrogation shall be provided in favor of all insureds. b. The waiver of subrogation provisions shall be endorsed as follows: Should a covered loss be subrogated, either in whole or in part, your rights to any recovery will come first, and we will be entitled to a recovery only after you have been fully compensated for the loss. 5. Intentionally left blank. 6. Evidence of Insurance 6.1 Provision of Evidence. Evidence of the insurance coverage required to be maintained by the Contractor, represented by certificates of insurance, evidence of insurance, and endorsements issued by the insurance company or its legal agent, and must be furnished to the Owner prior to commencement of Work and not later than fifteen (15) days after receipt of this Agreement. New certificates of insurance, evidence of insurance, and endorsements shall be provided to the Owner prior to the termination date of the current certificates of insurance, evidence of insurance, and endorsements. 6.2 Form 6.2.1 All property insurance required herein shall be evidenced by ACORD form 28, "Evidence of Property Insurance". 6.2.2 All liability insurance required herein shall be evidenced by ACORD form 25, "Certificate of Insurance". 6.3 Specifications. Such certificates of insurance, evidence of insurance, and endorsements shall specify: 6.3.1 The Owner as a certificate holder with correct mailing address. 6.3.2 Insured's name, which must match that on this Agreement. 6.3.3 Insurance companies affording each coverage, policy number of each coverage, policy dates of each coverage, all coverages and limits described herein, and signature of authorized representative of insurance company. 6.3.4 Producer of the certificate with correct address and phone number listed. 6.3.5 Additional insured status required herein. 6.3.6 Amount of any deductibles and/or retentions. 6.3.7 Cancellation, non-renewal and material reduction in coverage notification as required by this Agreement. Additionally, the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon Company, it agents or representatives" shall be deleted from the cancellation provision of the ACORD 25 certificate of insurance form. 10-2012 00700-C8 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT subcontractors to waive, any claim for damage or loss to said property in favor of the Owner Parties. 8. Use of the Owner's Equipment. The Contractor, its agents, employees, subcontractors or suppliers shall use the Owner's equipment only with express written permission of the Owner's designated representative and in accordance with the Owner's terms and condition for such use. If the Contractor or any of its agents, employees, subcontractors or suppliers utilize any of the Owner's equipment for any purpose, including machinery, tools, scaffolding, hoists, lifts or similar items owned, leased or under the control of the Owner, the Contractor shall defend, indemnify and be liable to the Owner Parties for any and all loss or damage which may arise from such use. 9. Release and Waiver. The Contractor hereby releases, and shall cause its subcontractors to release, the Owner Parties from any and all claims or causes of action whatsoever which the Contractor and/or its subcontractors might otherwise now or hereafter possess resulting in or from or in any way connected with any loss covered by insurance, whether required herein or not, or which should have been covered by insurance required herein, including the deductible and/or uninsured portion thereof, maintained and/or required to be maintained by the Contractor and/or its subcontractors pursuant to this Agreement. 10-2012 00700-CIO 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: Lap Trinh telephone: 281. 652. 1748 The CONSTRUCTION MANAGER is: Norberto Rodriguez telephone: 281. 652. 1744 The CONSTRUCTION INSPECTOR is: Shaquille Edwards telephone: 281. 652. 3534 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 08/2018 00800- 1 of 2 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT the number of accepted rain days that exceed 40 rain days per year,proportionate to the original Contract Time. General Notes: Section 01500 Temporary Facilities requires CONTRACTOR to provide high speed internet access in the Field Office. BIDDER is Not Required to provide either a Field Office or any internet access for this project. All other requirements remain and will be required per the section. It is the responsibility of the Contractor to coordinate with the Owner for all Traffic Control Documents. Contractor to coordinate with the Owner for procurement of Traffic Control Documents prior to permitting. Contractor is to keep a minimum of one lane open at all times,in both directions. No lane closures to extend beyond the defined work day. Contractor Will Not be required to provide an on-site construction office for the duration of this project. END OF SECTION 08/2018 00800-2 of 2 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Section 00811 WAGE SCALE FOR ENGINEERING CONSTRUCTION 1.01 In accordance with the Prevailing Wage law on Public Works (Article 2258 of the Texas Government Code), the public body awarding the contract does hereby specify the rates shown in Table 00811-A following to be the general prevailing rates in the locality in which the work is being performed. 1.02 This prevailing wage rate does not prohibit the payment of more than the rates stated. 1.03 The wage scale for engineering construction is to be applied to all site work greater than five (5) feet from an exterior wall of new building under construction or from an exterior wall of an existing building. 10-2012 00811 - 1 of 6 CITY OF PEA RLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION "General Decision Number: TX20210032 05/07/2021 Superseded General Decision Number: TX20200032 State: Texas Construction Type: Heavy County: Brazoria County in Texas. HEAVY CONSTRUCTION PROJECTS (Including Water and Sewer Lines (Does Not Include Flood Control) Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5. 5 (a) (1) (ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate) . The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1 (a) (2) - (60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/01/2021 1 03/12/2021 2 05/07/2021 * SFTX0669-001 04/01/2021 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . .$ 31.68 22.20 ---------------------------------------------------------------- SUTX2005-018 05/18/2005 Rates Fringes Carperter. . . . . . . . . . . . . . . . . . . . . . . .$ 14.38 0.00 10-2012 00811 - 2 of 6 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION CEMENT MASON/CONCRETE FINISHER. . .$ 11 .37 1.13 ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 18.40 1.34 Formbuilder/Formsetter. . . . . . . . . . .$ 9.83 1. 69 IRONWORKER, REINFORCING. . . . . . . . . .$ 11 .29 0.00 Laborers: Common. . . . . . . . . . . . . . . . . . . . . .$ 8.99 1.25 Landscape. . . . . . . . . . . . . . . . . . .$ 7.35 0.00 Mason Tender Cement. . . . . . . . .$ 9.96 0.00 Pipelayer. . . . . . . . . . . . . . . . . . .$ 9.63 1.50 PIPEFITTER. . . . . . . . . . . . . . . . . . . . . . .$ 17 .00 0.04 POWER EQUIPMENT OPERATOR: Backhoe. . . . . . . . . . . . . . . . . . . . .$ 12.74 0.00 Bulldozer. . . . . . . . . . . . . . . . . . .$ 12.46 0.00 Crane. . . . . . . . . . . . . . . . . . . . . . .$ 11.00 0.74 Excavator. . . . . . . . . . . . . . . . . . .$ 16.74 0.00 Front End Loader. . . . . . . . . . . .$ 10.47 1.28 Grader. . . . . . . . . . . . . . . . . . . . . .$ 12 .20 1.48 Tractor. . . . . . . . . . . . . . . . . . . . .$ 11 .29 1 .45 TRUCK DRIVER. . . . . . . . . . . . . . . . . . . . .$ 14.42 1.00 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017 . If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) 10-2012 00811 3 of 6 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e. , Plumbers Local 0198 . The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014 . Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014 . SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100° of the data reported for the 10-2012 00811 - 4 of 6 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014 . UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be. * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2 . ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage 10-2012 00811 - 5 of 6 CITY OF PEA RLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION" 10-2012 00811 - 6 of 6 CITY OF PEARLAND ADDENDUM Section 00900 ADDENDUM NO. # Date: [##/##/####] PROJECT: Shadow Creek Trail Phase II - Along Clear Creek Relief Ditch BID NO.: ITB 0823-19 BID DATE: December 7, 2023; 2:OOPM FROM: David G. Greaney Project Manager Gauge Engineering, LLC 11750 Katy Freeway, Suite 400 Houston, TX 77079 To: Prospective Bidders and Interested Parties This addendum forms a part of the bidding documents and will be incorporated into the Contract Documents, as applicable. Insofar as the original Contract Documents, Specifications, and Drawings are inconsistent, this Addendum shall govern. Please acknowledge receipt of this Addendum on the Bid Proposal form, Section 00300 submitted to the City of Pearland. FAILURE TO ACKNOWLEDGE RECEIPT OF ADDENDA ON THE BID PROPOSAL FORM MAY BE CAUSE FOR DISQUALIFICATION. CONTRACT DOCUMENTS: [Insert as needed] SPECIFICATIONS: [Insert as needed] CONSTRUCTION DRAWINGS: [Insert as needed] END OF ADDENDUM NO. [#] [Responsible engineer] [Title] 2-22-12 00900- I of I CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 1 TECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS 04/2008 CITY OF PEARLAND SUMMARY OF WORK Section 01100 SUMMARY OF WORK 1.1 GENERAL 1.2 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. 1.3 WORK COVERED BY CONTRACT DOCUMENTS A. The project is for the construction of a 10-foot trail along the Clear Creek Relief Ditch, including a portion that passes underneath Shadow Creek Parkway. A pedestrian bridge will be constructed over Clear Creek Relief Ditch. B. The project involves the installation/construction of the following: a. Field-locate buried AT&T cable, 16" and 6" gas pipelines prior to excavation. b. Perfonn Site Preparation comprising an area of 2 AC. c. For Transplanting Trees Contact Pearland Urban Forester for transplanting details. Remove bushes. d. Install 120 LF of drilled shaft, 15.4 CY of abutment, and one pedestrian bridge. e. Install 189 SY of 6" Continually Reinforced Concrete Pavement on the bridge. f. Install 34.4 CY of Concrete Riprap (RR8) at pedestrian bridge. g. Install 3,180 SF of retaining wall. h. Add General Fill of 235 CY to bring trail and concrete pavement at the bridge to the proper grade and elevation. i. Add Select Fill of 340 CY underneath the trail. j. Grade the ground underneath and on either side of the trail by filling or excavating as needed in order to achieve proper drainage; the area of grading is 4,138 SY. Install forms and obtain Construction Manager approval prior to pouring concrete. After Construction Manager approval, construct 16,705 SF of 10-foot-wide, 8-inch-thick trail along Clear Creek Relief Ditch,including the thickened toe for 898 LF of handrail where needed. k. Excavation and offsite disposal of 454 CY for both the swales and the channel. 1. Install 129 LF of Trench Safey System. m. Install 213 LF of 36" Polypropylene Pipe. n. Install 22 LF of 48"Reinforced Concrete Pipe. o. Install two Headwalls. p. Install two Concrete Collars. q. Install one type "A"Manhole. r. Install two type "M"Manholes. s. Remove 237 SY of concrete riprap for trail under bridge. t. Install 2,195 SF of Temporary Special Shoring for retaining walls. u. Install 3,180 SF of Retaining Wall (cast-in-place). 09/2022 01100- 1 of 3 CITY OF PEARLAND SUMMARY OF WORK v. Install 13.8 CY of Concrete Riprap (RR9) at the retaining wall. w. Remove and dispose of 133 LF of 48" CMP. x. Remove and dispose of 6 LF of 48"RCP. y. Remove and dispose of 47 SY of sidewalk. z. Remove and dispose of three manholes. aa. Install 78 SY of stabilized construction entrance/exit. Remove at the end of the proj ect. bb. Protect all waters with 1,452 LF of Reinforced Filter Fabric Fence. Install 64 LF of Inlet Protection Barrier. Remove at the end of the project unless specified otherwise on the plans. cc. Contractor to determine concrete truck washout location and confirm with CM or Engineer. dd. Install 604 SY of Sod and 1 AC of Hydromulch Seeding. ee. There is 5 CY of additional Concrete Riprap (RR8) as an Extra Work Item. ff. There is 225 LF of Control of Ground Water as an Extra Work Item. Use if needed to achieve a stable foundation for the storm sewer. gg. Traffic Control Plan per Texas MUTCD during all construction phases. i. Lanes shall not be closed. The shoulder may be closed at any time and day. Coordinate with Construction Manager prior to any closure. ii. Shoulder to be open after end of day's work. iii. Follow latest TMUTCD for required shoulder closure. iv. During non-working hours, fence-off the working area to make it inaccessible. v. Use and coordinate the need for unifonned peace officers as directed, with City of Pearland. vi. Contractor to submit project schedule to Engineer & Owner for approval as specified in Section 01350—Submittals. vii. Contractor shall coordinate the Work with the Engineer and Owner as specified in Section 0 13 10 - Coordination and Meetings. viii. Driveway closure shall be coordinated with Construction Manager and approved by City. C. Not all public utility service lines are shown on the drawings. Contractor shall anticipate that such service lines exist. Contractor shall repair them if damaged during construction. No separate pay will be made for repairs. 1.4 WORK BY OWNER A N/A 1.5 OWNER FURNISHED PRODUCTS A N/A 1.6 WORK SEQUENCE A. Complete entire Work within the project duration from when the Contract Time commences, as defined in Document 00500— Standard Form of Agreement. 09/2022 01100-2 of 3 CITY OF PEARLAND SUMMARY OF WORK B. Data for facilities and utilities shown were taken from plans and record drawings from several accessible sources. Anticipate the possibility that actual field locations of facilities and utilities may vary from shown on Drawings. Contractor shall make a complete and independent verification of utility locations prior to submittal of subsequent shop drawings. No separate pay. C. Coordinate scheduling, site access, silt fence installation and construction sequencing prior to installation with the Construction Manager (CM). 1.7 FUTURE WORK A N/A 1.8 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. 1.9 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 - Not Used 3.0 EXECUTION -Not Used END OF SECTION 09/2022 01100-3 of 3 TECHNICAL SPECIFICATIONS TXDOT 360 Item 360 Concrete Pavement Texas partme Jr. Transportntation 1. DESCRIPTION Construct hydraulic cement concrete pavement with or without curbs on the concrete pavement. 2. MATERIALS 2.1. Hydraulic Cement Concrete.Provide hydraulic cement concrete in accordance with Item 421,"Hydraulic Cement Concrete."Use compressive strength testing unless otherwise shown on the plans.Provide Class P concrete designed to meet a minimum average compressive strength of 3,200 psi or a minimum average flexural strength of 450 psi at 7 days or a minimum average compressive strength of 4,000 psi or a minimum average flexural strength of 570 psi at 28 days.Test in accordance with Tex-448-A or Tex-418-A. Obtain written approval if the concrete mix design exceeds 520 lb.per cubic yard of cementitious material. Use coarse aggregates for continuously reinforced concrete pavements to produce concrete with a coefficient of thermal expansion not more than 5.5 x 10-6 in.lin./°F.Provide satisfactory Tex-428-A test data from an approved testing laboratory if the coarse aggregate coefficient of thermal expansion listed on the Department's Concrete Rated Source Quality Catalog is not equal to or less than 5.5 x 10-6 in./in./'F. Provide Class HES concrete for very early opening of small pavement areas or leave-outs to traffic when shown on the plans or allowed.Design Class HES to meet the requirements of Class P and a minimum average compressive strength of 3,200 psi or a minimum average flexural strength of 450 psi in 24 hr., unless other early strength and time requirements are shown on the plans or allowed. Use Class A or P concrete meeting the requirements of Item 421,"Hydrualic Cement Concrete,"and this Item for curbs that are placed separately from the pavement. 2.2. Reinforcing Steel.Provide Grade 60 or above,deformed steel for bar reinforcement in accordance with Item 440,"Reinforcement for Concrete."Provide positioning and supporting devices(baskets and chairs) capable of securing and holding the reinforcing steel in proper position before and during paving. Provide corrosion protection when shown on the plans. 2.2.1. Dowels. Provide smooth,straight dowels of the size shown on the plans,free of burrs,and conforming to the requirements of Item 440,"Reinforcement for Concrete."Coat dowels with a thin film of grease,wax,silicone or other approved de-bonding material.Provide dowel caps on the lubricated end of each dowel bar used in an expansion joint.Provide dowel caps filled with a soft compressible material with enough range of movement to allow complete closure of the expansion joint. 2.2.2. Tie Bars. Provide straight deformed steel tie bars. Provide either multiple-piece tie bars or single-piece tie bars as shown on the plans. Furnish multiple piece tie bar assemblies from the list of approved multiple-piece tie bars that have been prequalified in accordance with DMS-4515"Multiple Piece Tie Bars for Concrete Pavements,"when used. Multiple-piece tie bars used on individual projects must be sampled in accordance with Tex-711-1,and tested in accordance with DMS-4515"Multiple Piece Tie Bars for Concrete Pavements." 2.3. Alternative Reinforcing Materials.Provide reinforcement materials of the dimensions and with the physical properties specified when allowed or required by the plans.Provide manufacturer's certification of required material properties. 389 360 2.4. Curing Materials.Provide Type 2 membrane curing compound conforming to DMS-4650,"Hydraulic Cement Concrete Curing Materials and Evaporation Retardants."Provide SS-1 emulsified asphalt conforming to Item 300,"Asphalts,Oils,and Emulsions,"for concrete pavement to be overlaid with asphalt concrete under this Contract unless otherwise shown on the plans or approved. Provide materials for other methods of curing conforming to the requirements of Item 422,"Concrete Superstructures."Provide insulating blankets for curing fast track concrete pavement with a minimum thermal resistance(R)rating of 0.5 hour-square foot FIBTU. Use insulating blankets that are free from tears and are in good condition. 2.5. Epoxy.Provide Type III,Class C epoxy in accordance with DMS-6100,"Epoxies and Adhesives,"for installing all drilled-in reinforcing steel.Submit a work plan and request approval for the use of epoxy types other than Type III,Class C. 2.6. Evaporation Retardant. Provide evaporation retardant conforming to DMS-4650.,"Hydraulic Cement Concrete Curing Materials and Evaporation Retardants." 2.7. Joint Sealants and Fillers. Provide Class 5 or Class 8 joint-sealant materials and fillers unless otherwise shown on the plans or approved and other sealant materials of the size,shape,and type shown on the plans in accordance with DMS-6310,"Joint Sealants and Fillers." 3. EQUIPMENT Furnish and maintain all equipment in good working condition. Use measuring,mixing,and delivery equipment conforming to the requirements of Item 421,"Hydraulic Cement Concrete."Obtain approval for other equipment used. 3.1. Placing,Consolidating,and Finishing Equipment.Provide approved self-propelled paving equipment that uniformly distributes the concrete with minimal segregation and provides a smooth machine-finished consolidated concrete pavement conforming to plan line and grade.Provide an approved automatic grade control system on slip-forming equipment.Provide approved mechanically-operated finishing floats capable of producing a uniformly smooth pavement surface, Provide equipment capable of providing a fine,light water fog mist. When string-less paving equipment is used,use Section 5.9.3,"Method C,"and establish control points at maximum intervals of 500 ft.Use these control points as reference to perform the work. Provide mechanically-operated vibratory equipment capable of adequately consolidating the concrete. Provide immersion vibrators on the paving equipment at sufficiently close intervals to provide uniform vibration and consolidation of the concrete over the entire width and depth of the pavement and in accordance with the manufacturer's recommendations.Provide immersion vibrator units that operate at a frequency in air of at least 8,000 cycles per minute. Provide enough hand-operated immersion vibrators for timely and proper consolidation of the concrete along forms,at all joints and in areas not covered by other vibratory equipment.Surface vibrators may be used to supplement equipment-mounted immersion vibrators. Provide tachometers to verify the proper operation of all vibrators. For small or irregular areas or when approved,the paving equipment described in this Section is not required. 3.2. Forming Equipment. 3.2.1. Pavement Forms. Provide metal side forms of sufficient cross-section,strength,and rigidity to support the paving equipment and resist the impact and vibration of the operation without visible springing or settlement. Use forms that are free from detrimental kinks,bends,or warps that could affect ride quality or alignment. Provide flexible or curved metal or wood forms for curves of 1004 radius or less. 3.2.2. Curb Forms. Provide curb forms for separately placed curbs that are not slipformed that conform to the requirements of Item 529,"Concrete Curb,Gutter,and Combined Curb and Gutter." 390 360 3.3. Reinforcing Steel Inserting Equipment.Provide inserting equipment that accurately inserts and positions reinforcing steel in the plastic concrete parallel to the profile grade and horizontal alignment in accordance to plan details when approved. 3.4. Texturing Equipment. 3.4.1. Carpet Drag. Provide a carpet drag mounted on a work bridge or a manual moveable support system. Provide a single piece of carpet of sufficient transverse length to span the full width of the pavement being placed and adjustable so that a sufficient longitudinal length of carpet is in contact with the concrete being placed to produce the desired texture.Obtain approval to vary the length and width of the carpet to accommodate specific applications. 3.4.2. Tining Equipment.Provide a self-propelled metal tine device equipped with steel tines with cross-section approximately 1/32 in.thick x 1/12 in.wide.Provide tines for transverse tining equipment spaced at approximately 1 in.,center-to-center,or provide tines for longitudinal tining equipment spaced at approximately 3/4 in.,center-to-center.Manual methods that produce an equivalent texture may be used when it is impractical to use self-propelled equipment,such as for small areas,narrow width sections,and in emergencies due to equipment breakdown. 3.5. Curing Equipment.Provide a self-propelled machine for applying membrane curing compound using mechanically-pressurized spraying equipment with atomizing nozzles.Provide equipment and controls that maintain the required uniform rate of application over the entire paving area.Provide curing equipment that is independent of all other equipment when required to meet the requirements of Section 360.4.9.,"Curing." Hand-operated pressurized spraying equipment with atomizing nozzles may only be used on small or irregular areas,narrow width sections,or in emergencies due to equipment breakdown. 3.6. Sawing Equipment.Provide power-driven concrete saws to saw the joints shown on the plans.Provide standby power-driven concrete saws during concrete sawing operations. 3.7. Grinding Equipment.Provide self-propelled powered grinding equipment that is specifically designed to smooth and texture concrete pavement using circular diamond blades when required.Provide equipment with automatic grade control capable of grinding at least a 3-ft.width longitudinally in each pass without damaging the concrete. 3.8. Testing Equipment.Provide testing equipment regardless of job-control testing responsibilities in accordance with Item 421,"Hydraulic Cement Concrete,"unless otherwise shown on the plans or specified. 3.9. Coring Equipment. Provide coring equipment capable of extracting cores in accordance with the requirements of Tex-424-A when required. 3.10. Miscellaneous Equipment.Furnish both 10-ft.and 15-ft.steel or magnesium long-handled,standard straightedges.Furnish enough work bridges,long enough to span the pavement,for finishing and inspection operations. 4. CONSTRUCTION Obtain approval for adjustments to plan grade-line to maintain thickness over minor subgrade or base high spots while maintaining clearances and drainage.Maintain subgrade or base in a smooth,clean,compacted condition in conformity with the required section and established grade until the pavement concrete is placed. Keep subgrade or base damp with water before placing pavement concrete. Adequately light the active work areas for all nighttime operations. Provide and maintain tools and materials to perform testing. 4.1. Paving and Quality Control Plan.Submit a paving and quality control plan for approval before beginning pavement construction operations. Include details of all operations in the concrete paving process,including 391 360 methods to construct transverse joints,methods to consolidate concrete at joints,longitudinal construction joint layout,sequencing,curing,lighting,early opening,leave-outs,sawing,inspection,testing,construction methods,other details and description of all equipment. List certified personnel performing the testing. Submit revisions to the paving and quality control plan for approval. 4.2. Job-Control Testing. Perform all fresh and hardened concrete job-control testing at the specified frequency unless otherwise shown on the plans.Provide job-control testing personnel meeting the requirements of Item 421,"Hydraulic Cement Concrete."Provide and maintain testing equipment,including strength testing equipment at a location acceptable to the Engineer.Use of a commercial laboratory is acceptable.Maintain all testing equipment calibrated in accordance with pertinent test methods. Make strength-testing equipment available to the Engineer for verification testing. Provide the Engineer the opportunity to witness all tests.The Engineer may require a retest if not given the opportunity to witness. Furnish a copy of all test results to the Engineer daily.Check the first few concrete loads for slump and temperature to verify concrete conformance and consistency on start-up production days.Sample and prepare strength-test specimens(2 specimens per test)on the first day of production and for each 3,000 sq,yd,or fraction thereof of concrete pavement thereafter.Prepare at least 1 set of strength- test specimens for each production day.Perform slump and temperature tests each time strength specimens are made.Monitor concrete temperature to ensure that concrete is consistently within the temperature requirements.The Engineer will direct random job-control sampling and testing. Immediately investigate and take corrective action as approved if any Contractor test result,including tests performed for verification purposes,does not meet specification requirements, The Engineer will perform job-control testing when the testing by the Contractor is waived by the plans; however,this does not waive the Contractor's responsibility for providing materials and work in accordance with this Item. 4.2.1. Job-Control Strength.Use 7-day job-control concrete strength testing in accordance with Tex-448-A or Tex-418-A unless otherwise shown on the plans or permitted. Use a compressive strength of 3,200 psi or a lower job-control strength value proven to meet a 28-day compressive strength of 4,000 psi as correlated in accordance with Tex-427-A for 7-day job-control by compressive strength.Use a flexural strength of 450 psi or a lower job-control strength value proven to meet a 28-day flexural strength of 570 psi as correlated in accordance with Tex-427-A for 7-day job-control by flexural strength. Job control of concrete strength may be correlated to an age other than 7 days in accordance with Tex-427-A when approved.Job-control strength of Class HES concrete is based on the required strength and time. Investigate the strength test procedures,the quality of materials,the concrete production operations,and other possible problem areas to determine the cause when a job-control concrete strength test value is more than 10%below the required job-control strength or when 3 consecutive job-control strength values fall below the required job-control strength.Take necessary action to correct the problem,including redesign of the concrete mix if needed.The Engineer may suspend concrete paving if the Contractor is unable to identify, document,and correct the cause of low-strength test values in a timely manner.The Engineer will evaluate the structural adequacy of the pavements if any job-control strength is more than 15%below the required job-control strength.Remove and replace pavements found to be structurally inadequate at no additional cost when directed. 4.2.2. Split-Sample Verification Testing. Perform split-sample verification testing with the Engineer on random samples taken and split by the Engineer at a rate of at least 1 for every 10 job-control samples.The Engineer will evaluate the results of split-sample verification testing. Immediately investigate and take corrective action as approved when results of split-sample verification testing differ more than the allowable differences shown in Table 1,or the average of 10 job-control strength results and the Engineer's split-sample strength result differ by more than 10%. 392 360 Table 1 Verification esting Limits Test Method Allowable Differences Temperature,Tex-422-A 2°F Flexural strength,Tex-448-A 19% Compressive strength,Tex-418-A 10% 4.3. Reinforcing Steel and Joint Assemblies.Accurately place and secure in position all reinforcing steel as shown on the plans. Place dowels at mid-depth of the pavement slab,parallel to the surface. Place dowels for transverse contraction joints parallel to the pavement edge.Tolerances for location and alignment of dowels will be shown on the plans.Stagger the lap locations so that no more than 1/3 of the longitudinal steel is spliced in any given 124 width and 24 length of the pavement.Use multiple-piece tie bars,drill and epoxy grout tie bars,or,if approved,mechanically-inserted single-piece tie bars at longitudinal construction joints.Verify that tie bars that are drilled and epoxied or mechanically inserted into concrete at longitudinal construction joints develop a pullout resistance equal to a minimum of 3/4 of the yield strength of the steel after 7 days.Test 15 bars using ASTM E488,except that alternate approved equipment may be used.All 15 tested bars must meet the required pullout strength.Perform corrective measures to provide equivalent pullout resistance if any of the test results do not meet the required minimum pullout strength.Repair damage from testing.Acceptable corrective measures include but are not limited to installation of additional or longer tie bars. 4.3.1. Manual Placement.Secure reinforcing bars at alternate intersections with wire ties or locking support chairs. Tie all splices with wire. 4.3.2. Mechanical Placement.Complete the work using manual placement methods described above if mechanical placement of reinforcement results in steel misalignment or improper location,poor concrete consolidation,or other inadequacies. 4.4. Joints. Install joints as shown on the plans.Joint sealants are not required on concrete pavement that is to be overlaid with asphaltic materials.Clean and seal joints in accordance with Item 438,"Cleaning and Sealing Joints."Repair excessive spalling of the joint saw groove using an approved method before installing the sealant.Seal all joints before opening the pavement to all traffic. Install a rigid transverse bulkhead,for the reinforcing steel,and shaped accurately to the cross-section of the pavement when placing of concrete is stopped. 4.4.1. Placing Reinforcement at Joints.Complete and place the assembly of parts at pavement joints at the required location and elevation,with all parts rigidly secured in the required position,when shown on the plans. 4.4.2. Transverse Construction Joints. 4.4.2.1. Continuously Reinforced Concrete Pavement(CRCP).Install additional longitudinal reinforcement through the bulkhead when shown on the plans.Protect the reinforcing steel immediately beyond the construction joint from damage,vibration,and impact. 4.4.2.2. Concrete Pavement Contraction Design(CPCD). Install and rigidly secure a complete joint assembly and bulkhead in the planned transverse contraction joint location when the placing of concrete is intentionally stopped. Install a transverse construction joint either at a planned transverse contraction joint location or mid- slab between planned transverse contraction joints when the placing of concrete is unintentionally stopped. Install tie bars of the size and spacing used in the longitudinal joints for mid-slab construction joints. 4.4.2.3. Curb Joints.Provide joints in the curb of the same type and location as the adjacent pavement. Use expansion joint material of the same thickness,type,and quality required for the pavement and of the section shown for the curb.Extend expansion joints through the curb.Construct curb joints at all transverse pavement joints. Place reinforcing steel into the plastic concrete pavement for non-monolithic curbs as shown on the plans unless otherwise approved.Form or saw the weakened plane joint across the full width 393 360 of concrete pavement and through the monolithic curbs.Construct curb joints in accordance with Item 529, "Concrete Curb,Gutter,and Combined Curb and Gutter." 4.5. Placing and Removing Forms.Use clean and oiled forms.Secure forms on a base or firm subgrade that is accurately graded and that provides stable support without deflection and movement by form riding equipment.Pin every form at least at the middle and near each end.Tightly join and key form sections together to prevent relative displacement. Set side forms far enough in advance of concrete placement to permit inspection.Check conformity of the grade,alignment,and stability of forms immediately before placing concrete,and make all necessary corrections.Use a straightedge or other approved method to test the top of forms to ensure that the ride quality requirements for the completed pavement will be met.Stop paving operations if forms settle or deflect more than 118 in.under finishing operations.Reset forms to line and grade,and refinish the concrete surface to correct grade. Avoid damage to the edge of the pavement when removing forms.Repair damage resulting from form removal and honeycombed areas with a mortar mix within 24 hr.after form removal unless otherwise approved.Clean joint face and repair honeycombed or damaged areas within 24 hr.after a bulkhead for a transverse construction joint has been removed unless otherwise approved.Promptly apply membrane curing compound to the edge of the concrete pavement when forms are removed before 72 hr.after concrete placement. Forms that are not the same depth as the pavement,but are within 2 in.of that depth are permitted if the subbase is trenched or the full width and length of the form base is supported with a firm material to produce the required pavement thickness. Promptly repair the form trench after use.Use flexible or curved wood or metal forms for curves of 1004 radius or less. 4.6. Concrete Delivery.Clean delivery equipment as necessary to prevent accumulation of old concrete before loading fresh concrete.Use agitated delivery equipment for concrete designed to have a slump of more than 5 in.Segregated concrete is subject to rejection. Begin the discharge of concrete delivered in agitated delivery equipment conforming to the requirements of Item 421,"Hydraulic Cement Concrete."Place non-agitated concrete within 45 min.after batching.Reduce times as directed when hot weather or other conditions cause quick setting of the concrete. 4.7. Concrete Placement.Do not allow the pavement edge to deviate from the established paving line by more than 1/2 in.at any point.Place the concrete as near as possible to its final location,and minimize segregation and rehandling.Distribute concrete using shovels where hand spreading is necessary.Do not use rakes or vibrators to distribute concrete. 4.7.1. Consolidation.Consolidate all concrete by approved mechanical vibrators operated on the front of the paving equipment. Use immersion-type vibrators that simultaneously consolidate the full width of the placement when machine finishing. Keep vibrators from dislodging reinforcement.Use hand-operated vibrators to consolidate concrete along forms,at all joints and in areas not accessible to the machine- mounted vibrators. Do not operate machine-mounted vibrators while the paving equipment is stationary. Vibrator operations are subject to review. 4.7.2. Curbs.Conform to the requirements of Item 529,"Concrete Curb,Gutter,and Combined Curb and Gutter" where curbs are placed separately. 4.7.3. Temperature Restrictions. Place concrete that is between 40°F and 957 when measured in accordance with Tex-422-A at the time of discharge,except that concrete may be used if it was already in transit when the temperature was found to exceed the allowable maximum.Take immediate corrective action or cease concrete production when the concrete temperature exceeds 95°F. Do not place concrete when the ambient temperature in the shade is below 40°F and falling unless approved.Concrete may be placed when the ambient temperature in the shade is above 35°F and rising or 394 360 above 407. Protect the pavement with an approved insulating material capable of protecting the concrete for the specified curing period when temperatures warrant protection against freezing.Submit for approval proposed measures to protect the concrete from anticipated freezing weather for the first 72 hr.after placement. Repair or replace all concrete damaged by freezing. 4.8. Spreading and Finishing. Finish all concrete pavement with approved self-propelled equipment.Use power-driven spreaders,power-driven vibrators,power-driven strike-off,screed,or approved alternate equipment.Use the transverse finishing equipment to compact and strike-off the concrete to the required section and grade without surface voids.Use float equipment for final finishing.Use concrete with a consistency that allows completion of all finishing operations without addition of water to the surface. Use the minimal amount of water fog mist necessary to maintain a moist surface.Reduce fogging if float or straightedge operations result in excess slurry. 4.8.1. Finished Surface.Perform sufficient checks with long-handled 10-ft.and 15-ft.straightedges on the plastic concrete to ensure the final surface is within the tolerances specified in Surface Test A in Item 585,"Ride Quality for Pavement Surfaces."Check with the straightedge parallel to the centerline. 4.8.2. Maintenance of Surface Moisture.Prevent surface drying of the pavement before application of the curing system by means that may include water fogging,the use of wind screens,and the use of evaporation retardants.Apply evaporation retardant at the manufacturer's recommended rate.Reapply the evaporation retardant as needed to maintain the concrete surface in a moist condition until curing system is applied.Do not use evaporation retardant as a finishing aid.Failure to take acceptable precautions to prevent surface drying of the pavement will be cause for shutdown of pavement operations. 4.8.3. Surface Texturing.Complete final texturing before the concrete has attained its initial set.Drag the carpet longitudinally along the pavement surface with the carpet contact surface area adjusted to provide a satisfactory coarsely textured surface.Prevent the carpet from getting plugged with grout.Do not perform carpet dragging operations while there is excessive bleed water. A metal-tine texture finish is required unless otherwise shown on the plans.Provide transverse lining unless otherwise shown on the plans. Immediately following the carpet drag,apply a single coat of evaporation retardant,if needed,at the rate recommended by the manufacturer. Provide the metal-tine finish immediately after the concrete surface has set enough for consistent tining.Operate the metal-tine device to obtain grooves approximately 3/16 in.deep,with a minimum depth of 1/8 in.,and approximately 1/12 in.wide.Do not overlap a previously tined area.Use manual methods to achieve similar results on ramps,small or irregular areas,and narrow width sections of pavements. Repair damage to the edge of the slab and joints immediately after texturing.Do not tine pavement that will be overlaid or that is scheduled for blanket diamond grinding or shot blasting. Target a carpet drag texture of 0.04 in.,as measured by Tex-436-A,when carpet drag is the only surface texture required on the plans. Ensure adequate and consistent macro-texture is achieved by applying enough weight to the carpet and by keeping the carpet from getting plugged with grout.Correct any location with a texture less than 0.03 in.by diamond grinding or shot blasting.The Engineer will determine the test locations at points located transversely to the direction of traffic in the outside wheel path. 4.8.4. Small,Irregular Area,or Narrow Width Placements.Use hand equipment and procedures that produce a consolidated and finished pavement section to the line and grade where machine placements and finishing of concrete pavement are not practical. 4.8.5. Emergency Procedures. Use hand-operated equipment for applying texture,evaporation retardant,and cure in the event of equipment breakdown. 4.9. Curing. Keep the concrete pavement surface from drying as described in Section 360.4.8.2.,"Maintenance of Surface Moisture,"until the curing material has been applied.Maintain and promptly repair damage to curing materials on exposed surfaces of concrete pavement continuously for at least 3 curing days,A curing day is defined as a 24-hr.period when either the temperature taken in the shade away from artificial heat is above 50°F for at least 19 hr.or the surface temperature of the concrete is maintained above 40°F for 24 hr. 395 360 Curing begins when the concrete curing system has been applied.Stop concrete paving if curing compound is not being applied promptly and maintained adequately.Other methods of curing in accordance with Item 422,"Concrete Superstructures,"may be used when specified or approved. 4.9.1. Membrane Curing.Spray the concrete surface uniformly with 2 coats of membrane curing compound at an individual application rate of no more than 180 sq.ft.per gallon.Apply the curing compound before allowing the concrete surface to dry. Manage finishing and texturing operations to ensure placement of curing compound on a moist concrete surface,relatively free of bleed water,to prevent any plastic shrinkage cracking.Time the application of curing compound to prevent plastic shrinkage cracking. Maintain curing compounds in a uniformly agitated condition,free of settlement before and during application. Do not thin or dilute the curing compound. Apply additional compound at the same rate of coverage to correct damage where the coating shows discontinuities or other defects or if rain falls on the newly coated surface before the film has dried enough to resist damage.Ensure that the curing compound coats the sides of the tining grooves. 4.9.2. Asphalt Curing.Apply a uniform coating of asphalt curing at a rate of 90 to 180 sq.ft.per gallon when an asphaltic concrete overlay is required.Apply curing immediately after texturing and once the free moisture (sheen)has disappeared.Obtain approval to add water to the emulsion to improve spray distribution. Maintain the asphalt application rate when using diluted emulsions.Maintain the emulsion in a mixed condition during application. 4.9.3. Curing Class HIES Concrete.Provide membrane curing in accordance with Section 360.4.9.1.,"Membrane Curing,"for all Class HES concrete pavement.Promptly follow by wet mat curing in accordance with Section 422.4.8.,"Final Curing,"until opening strength is achieved but not less than 24 hr. 4.9.4. Curing Fast-Track Concrete Pavement.Provide wet mat curing unless otherwise shown on the plans or as directed.Cure in accordance with Section 422.4.8.,"Final Curing."Apply a Type 1-D or Type 2 membrane cure instead of wet mat curing if the air temperature is below 657 and insulating blankets are used. 4.10. Sawing Joints.Saw joints to the depth shown on the plans as soon as sawing can be accomplished without damage to the pavement regardless of time of day or weather conditions.Some minor raveling of the saw- cut is acceptable. Use a chalk line,string line,sawing template,or other approved method to provide a true joint alignment.Provide enough saws to match the paving production rate to ensure sawing completion at the earliest possible time to avoid uncontrolled cracking.Reduce paving production if necessary to ensure timely sawing of joints. Promptly restore membrane cure damaged within the first 72 hr.of curing. 4.11. Protection of Pavement and Opening to Traffic.Testing for early opening is the responsibility of the Contractor regardless of job-control testing responsibilities unless otherwise shown on the plans or as directed.Testing result interpretation for opening to traffic is subject to approval. 4.11.1. Protection of Pavement.Erect and maintain barricades and other standard and approved devices that will exclude all vehicles and equipment from the newly placed pavement for the periods specified. Protect the pavement from damage due to crossings using approved methods before opening to traffic.Where a detour is not readily available or economically feasible,an occasional crossing of the roadway with overweight equipment may be permitted for relocating equipment only but not for hauling material.When an occasional crossing of overweight equipment is permitted,temporary matting or other approved methods may be required. Maintain an adequate supply of sheeting or other material to cover and protect fresh concrete surface from weather damage.Apply as needed to protect the pavement surface from weather. 396 360 4.11.2. Opening Pavement to All Traffic. Pavement that is 7 days old may be opened to all traffic.Clean pavement,place stable material against the pavement edges,seal joints,and perform all other traffic safety related work before opening to traffic, 4.11.3. Opening Pavement to Construction Equipment.Unless otherwise shown on the plans,concrete pavement may be opened early to concrete paving equipment and related delivery equipment after the concrete is at least 48 hr.old and opening strength has been demonstrated in accordance with Section 360.4.11.4.,"Early Opening to All Traffic,"before curing is complete.Keep delivery equipment at least 2 ft.from the edge of the concrete pavement.Keep tracks of the paving equipment at least 1 ft.from the pavement edge. Protect textured surfaces from the paving equipment.Restore damaged membrane curing as soon as possible. Repair pavement damaged by paving or delivery equipment before opening to all traffic. 4.11.4. Early Opening to All Traffic.Concrete pavement may be opened after curing is complete and the concrete has attained a flexural strength of 450 psi or a compressive strength of 3,200 psi,except that pavement using Class HES concrete may be opened after 24 hr.if the specified strength is achieved. 4.11.4.1. Strength Testing.Test concrete specimens cured under the same conditions as the portion of the pavement involved. 4.11.4.2. Maturity Method. Use the maturity method,Tex-426-A,to estimate concrete strength for early opening pavement to traffic unless otherwise shown on the plans. Install at least 2 maturity sensors for each day's placement in areas where the maturity method will be used for early opening.Maturity sensors,when used, will be installed near the day's final placement for areas being evaluated for early opening.Use test specimens to verify the strength—maturity relationship in accordance with Tex-426-A,starting with the first day's placement corresponding to the early opening pavement section. Verify the strength—maturity relationship at least every 10 days of production after the first day.Establish a new strength—maturity relationship when the strength specimens deviate more than 10%from the maturity- estimated strengths.Suspend use of the maturity method for opening pavements to traffic when the strength—maturity relationship deviates by more than 10%until a new strength—maturity relationship is established. The Engineer will determine the frequency of verification when the maturity method is used intermittently or for only specific areas, 4.11.5. Fast Track Concrete Pavement.Open the pavement after the concrete has been cured for at least 8 hr. and attained a minimum compressive strength of 1,800 psi or a minimum flexural strength of 255 psi when tested in accordance with Section 360.4.11.4.1.,"Strength Testing,"or Section 360.4.11.4.2.,"Maturity Method,"unless otherwise directed.Cover the pavement with insulating blankets when the air temperature is below 65°F until the pavement is opened to traffic. 4.11.6. Emergency Opening to Traffic.Open the pavement to traffic under emergency conditions,when the pavement is at least 72 hr.old when directed in writing.Remove all obstructing materials,place stable material against the pavement edges,and perform other work involved in providing for the safety of traffic as required for emergency opening. 4.12. Pavement Thickness.The Engineer will check the thickness in accordance with Tex-423-A unless other methods are shown on the plans.The Engineer will perform 1 thickness test consisting of 1 reading at approximately the center of the paving equipment every 500 ft.or fraction thereof.Core where directed,in accordance with Tex-424-A,to verify deficiencies of more than 0.2 in,from plan thickness and to determine the limits of deficiencies of more than 0.75 in.from plan thickness. Fill core holes using an approved concrete mixture and method. 4.12.1. Thickness Deficiencies Greater than 0.2 in.Take one 4-in.diameter core at that location to verify the measurement when any depth test measured in accordance with Tex-423-A is deficient by more than 0.2 in. from the plan thickness. 397 360 Take 2 additional cores from the unit(as defined in Section 360.4.12.3.,"Pavement Units for Payment Adjustment"at intervals of at least 150 ft.and at selected locations if the core is deficient by more than 0.2 in.,but not by more than 0.75 in.from the plan thickness,and determine the thickness of the unit for payment purposes by averaging the length of the 3 cores. In calculations of the average thickness of this unit of pavement,measurements in excess of the specified thickness by more than 0.2 in.will be considered as the specified thickness plus 0.2 in. 4.12.2. Thickness Deficiencies Greater than 0.75 in.Take additional cores at 10-ft.intervals in each direction parallel to the centerline to determine the boundary of the deficient area if a core is deficient by more than 0.75 in.The Engineer will evaluate any area of pavement found deficient in thickness by more than 0.75 in., but not more than 1 in.Remove and replace the deficient areas without additional compensation or retain deficient areas without compensation,as directed.Remove and replace any area of pavement found deficient in thickness by more than 1 in.without additional compensation. 4.12.3. Pavement Units for Payment Adjustment.Limits for applying a payment adjustment for deficient pavement thickness from 0.20 in.to not more than 0.75 in.are 500 ft.of pavement in each lane.Lane width will be as shown on typical sections and pavement design standards. For greater than 0.75 in.deficient thickness,the limits for applying zero payment or requiring removal will be defined by coring or equivalent nondestructive means as determined by the Engineer.The remaining portion of the unit determined to be less than 0.75 in.deficient will be subject to the payment adjustment based on the average core thickness at each end of the 10-ft.interval investigation as determined by the Engineer. Shoulders will be measured for thickness unless otherwise shown on the plans.Shoulders 6 ft.wide or wider will be considered as lanes.Shoulders less than 6 ft.wide will be considered part of the adjacent lane. Limits for applying payment adjustment for deficient pavement thickness for ramps,widenings,acceleration and deceleration lanes,and other miscellaneous areas are 500 ft.in length.Areas less than 500 ft, in length will be individually evaluated for payment adjustment based on the plan area. 4.13. Ride Quality. Measure ride quality in accordance with Item 585,'Ride Quality for Pavement Surfaces," unless otherwise shown on the plans. 5. MEASUREMENT This Item will be measured as follows: 5.1. Concrete Pavement.Concrete pavement will be measured by the square yard of surface area in place.The surface area includes the portion of the pavement slab extending beneath the curb. 5.2. Curb.Curb on concrete pavement will be measured by the foot in place. 6. PAYMENT These prices are full compensation for materials,equipment,labor,tools,and incidentals. 6.1. Concrete Pavement.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the adjusted unit price bid for"Concrete Pavement"of the type and depth specified as adjusted in accordance with Section 360.6.2.,"Deficient Thickness Adjustment." 6.2. Deficient Thickness Adjustment.Where the average thickness of pavement is deficient in thickness by more than 0.2 in.but not more than 0.75 in.,payment will be made using the adjustment factor as specified in Table 2 applied to the bid price for the deficient area for each unit as defined under Section 360.4.12.3., "Pavement Units for Payment Adjustment." 398 360 Table 2 Deficient Thickness Price Adjustment Factor Deficiency in Thickness Determined by Cores Proportional Part of Contract Price in. Allowed Adjustment Factor Not deficient 1.00 Over 0.00 through 0.20 1.00 Over 0.20 through 0.30 0.80 Over 0.30 through 0.40 0.72 Over 0.40 through 0.50 0.68 Over 0.50 through 0.75 0.57 6.3. Curb.Work performed and furnished in accordance with this Item and measured as provided under "Measurement"will be paid for at the unit price bid for"Curb"of the type specified. 399 403 Item 403 Temporary Special Shoring ,Texas Department of Transportatton 1. DESCRIPTION Furnish and install temporary shoring to hold the surrounding earth,water,or both out of the work area. 2. MATERIALS Furnish new or used materials.Furnish materials that meet the requirements of Item 423,'Retaining Walls," when using temporary Mechanically Stabilized Earth(MSE)walls. Furnish materials that meet the requirements of Item 410,"Soil Nail Anchors,"or Item 411,'Rock Nail Anchors,"when using temporary nailed walls(rock or soil). 3. CONSTRUCTION The Contractor is responsible for the temporary special shoring design unless complete details are included on the plans.Submit details and design calculations bearing the seal of a licensed professional engineer before constructing the shoring.The Department reserves the right to reject designs.Design the shoring to comply with OSHA Standards and Interpretations,29 CFR Part 1926,Subpart P,"Excavations."Design structural systems to comply with AASHTO Standard Specifications for Highway Bridges or AASHTO LRFD Bridge Design Specifications. Design shoring subject to railroad loading to comply with the AREMA Manual for Railway Engineering and any additional requirements of the railway being supported. Provide vertical or sloped cuts,benches,shields,support systems,or other systems to provide the necessary protection in accordance with the approved design.Construct temporary MSE walls,when used, in accordance with Item 423,"Retaining Walls."Construct temporary nailed walls(rock or soil),when used,in accordance with Item 410,"Soil Nail Anchors,"or Item 411,`Rock Nail Anchors." 4. MEASUREMENT This Item will be measured by the square foot of surface area of a vertical plane at the face of the shoring between the top of the ground being supported and the minimum protection grade line shown on the plans.If no minimum protection grade is shown on the plans,the lowest required excavated elevation will be used. Shoring projecting above the level of the ground being supported will not be measured.When excavation techniques(e.g.,sloped cuts or benching)are used to provide the necessary protection,the surface area for payment will be calculated based on the area described by a vertical plane adjacent to the structure, 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"Temporary Special Shoring."This price is full compensation for excavation and backfill;furnishing,placing and removing shoring,sheeting,or bracing;de- watering or diversion of water;jacking and jack removal;and equipment,labor,materials,tools,and incidentals. No payment will be made for special shoring made necessary by the selection of an optional design or sequence of work that creates the need for shoring. 417 416 Item 416 Drilled Shaft Foundations Texan pepartment of Transportation 1. DESCRIPTION Construct foundations consisting of reinforced or non-reinforced concrete drilled shafts. 2. MATERIALS Use materials that meet the requirements of the following Items. ■ Item 421,"Hydraulic Cement Concrete," ■ Item 440,"Reinforcement for Concrete,"and ■ Item 448,"Structural Field Welding." Use concrete for drilled shafts that meets the requirements of Table 1 unless otherwise shown on the plans. Table 1 Concrete for Drilled Shafts Drilled Shaft Type Concrete Non-reinforced Class A Reinforced Class C Slurry and underwater concrete placement Class SS Use coarse aggregate Grade 4,5,or 6 for drilled shaft concrete in reinforced drilled shafts.Grade 2 or 3 may be used if the shaft is dry and reinforcing steel has a 5 in.minimum clear spacing. Use a water-reducing,retarding admixture in accordance with DMS-4640,"Chemical Admixtures for Concrete,"in all concrete when using casing that will be pulled or when placing shafts underwater or under slurry. Use concrete with slump that meets the requirements of Table 2 as determined by Tex-415-A. Table 2 Slum Requirements Placement Minimum Acceptable Recommended Design Maximum Acceptable Placement Slump, and Placement Slump, Placement Slump, Type in. in. in. Dry 5-1/2 6-1/2 7-1/2 Underwater and 7 8 9 under slurry Perform a slump loss test in accordance with Tex-430-A before beginning work when casing is to be pulled or concrete is to be placed underwater or under slurry.Provide concrete that will maintain a slump of at least 4 in.throughout the entire anticipated time of concrete placement.Time of concrete placement is described in Section 416.3,6.,"Concrete,"and Section 416.3.7.,"Additional Requirements for Slurry Displacement or Underwater Concrete Placement Methods."Note the temperature of the concrete mix at the beginning of the slump loss test. Place the concrete if its temperature at the time of placement into the drilled shaft is no more than 10°F higher than the slump loss test temperature.Use ice or other concrete cooling ingredients to lower concrete temperature,or run additional slump loss tests at the higher temperatures.Slump loss testing will be waived if anticipated time of concrete placement is less than 90 minutes. Use mineral drilling slurry that meets the requirements of Table 3,as determined by Tex-130-E.Determine pH of slurry by Tex-128-E or pH paper strips. 440 416 Table 3 Mineral Slurry Requirements Before Introduction Sampled from the Bottom of the into the Excavation Excavation before Concreting Specific Sand H Specific Viscosity Sand Gravity Content p Gravity (sec.) Content :51.10 51% 8-11 <_1.15 5 45 <-4% Use mineral slurry consisting of processed bentonite or attapulgite clays mixed with clean fresh water. Do not use partially hydrolyzed polyacrylamide(PHPA)polymeric slurry or any blended mineral-polymer slurry. If approved,water may be used as the drilling fluid. In this case,all of the provisions of Table 3 must be met except that the maximum specific gravity is not to exceed 1.12. Sample slurry from the bottom of the hole,before placing concrete,and test it in accordance with Tex-130-E. Use a pump or air lift to remove slurry that does not meet the requirements of Table 3 while adding fresh clean slurry to the top of the hole to maintain the slurry level.Continue this operation until the slurry sampled from the bottom of the hole meets the requirements. 3. CONSTRUCTION Submit Drilled Shaft installation plan for review no later than one month before drilled shaft construction. Include the following in the plan: ■ Name and experience record of the drilled shaft superintendent who will be in charge of drilled shaft operations for this project. ■ List of proposed equipment to be used,including cranes,drills,augers,bailing buckets,final cleaning equipment,desanding equipment,slurry pumps,core sampling equipment,tremies or concrete pumps, casing,etc. ■ Details of overall construction operation sequence and the sequence of shaft construction in bents or groups. ■ Details of shaft excavation methods. ■ When the use of slurry is anticipated,details of the slurry mix design and its suitability for the subsurface conditions at the construction site,mixing and storage methods,maintenance methods and disposal procedures. ■ Details of methods to clean the shaft excavation. ■ Details of reinforcement placement,including support and centralization methods. ■ Details of concrete placement,including proposed operational procedures for free fall,tremie or pumping methods. ■ Details of casing installation and removal methods. The installation plan will be reviewed for conformance with the plans,specifications and special provisions. The Contractor will be notified within 14 days of receipt of the installation plan of any additional information required and/or changes necessary to meet the contract requirements.All procedural approvals given will be subject to trial in the field and will not relieve the Contractor of the responsibility to satisfactorily complete the work as detailed in the plans and specifications. Place the shaft to within the following tolerances: ■ Vertical plumbness-1 in.per 10 feet of depth. ■ Center of shaft located under column-1 in.of horizontal plan position. ■ Center of shaft located under footing-3 in.of horizontal plan position. Complete the embankment at bridge ends before installing drilled shafts that pass through the fill.Refer to Item 423,"Retaining Walls,"for provisions for drilled shafts passing through the structural volume of retaining walls, 441 416 3.1. Excavation.The plans indicate the expected depths and elevations for encountering satisfactory bearing material.Excavate as required for the shafts through all materials encountered to the dimensions and elevations shown on the plans or required by the site conditions.Removal of man-made obstructions not shown on the plans will be paid for in accordance with Article 9.7.,"Payment for Extra Work and Force Account Method."Adjust the bottom of the shaft or alter the foundation if satisfactory founding material is not encountered at plan elevation,as approved to satisfactorily comply with design requirements.Blasting is not allowed for excavations. Stop drilling if caving conditions are encountered,and adopt a construction method that stabilizes the shaft walls. Do not excavate a shaft within 2 shaft diameters(clear)of an open shaft excavation,or one in which concrete has been placed in the preceding 24 hr, Dispose of material excavated from shafts and not incorporated into the finished project in accordance with the plans and with federal,state,and local laws. Provide suitable access,lighting,and equipment for proper inspection of the completed excavation and checking the dimensions and alignment of shafts excavation. 3.2. Core Holes.Take cores to determine the character of the supporting materials if directed.Use a method that will result in recovery of an intact sample adequate for judging the character of the founding material.Such cores should be at least 5 ft.deeper than the proposed founding grade or a depth equal to the diameter of the shaft,whichever is greater.Take these cores when the excavation is complete. 3.3. Casing.Use casing when necessary to prevent caving of the material,to exclude ground water,when slurry is used for hole stabilization,or when required as part of the Contractor's Safety Plan.Provide casing with an outside diameter not less than the specified diameter of the shaft.The portion of shaft below the casing may be as much as 2 in.smaller than the specified shaft diameter.No extra compensation will be made for concrete required to fill an oversized casing or oversized excavation. Use casing strong enough to withstand handling stresses and pressures of concrete and of the surrounding earth or water,and that is watertight, smooth,clean,and free of accumulations of hardened concrete. Use construction methods that result in a minimal amount of disturbed soil being trapped outside the casing. This does not apply to temporary undersized casings used to protect workers inside shafts or to drilled shafts designed for point bearing only. Leave casing in place only if authorized or shown on the plans. Extract casing only after placing the concrete to an appropriate level.Maintain sufficient concrete in the casing at all times to counteract soil and water pressure.Rotate or move the casing up or down a few inches if necessary before and during concrete placement to facilitate extraction of the casing. 3.4. Requirements for Slurry Displacement Method.When soil conditions warrant,use the slurry displacement method to construct drilled shafts unless otherwise shown on the plans. Use this method to support the sides of the excavation with processed mineral slurry that is then displaced by concrete to form a continuous concrete shaft. Install surface casing to a minimum of 10 ft.below existing ground before introducing slurry. Do not use casing other than surface casing. Do not use surface casing longer than 20 ft.without approval.Do not extract the surface casing until after placing the concrete. Pre-mix slurry in a reservoir with enough capacity to fill the excavation and for recovery of the slurry during concrete placement. Do not mix slurry in the shaft excavation or other hole.Allow adequate time for hydration of the slurry before introduction into the excavation. Maintain a head of slurry in the shaft excavation at or near ground level or higher,as necessary,to counteract ground water pressure during and after drilling. 442 416 Use an air lift or proper size cleanout bucket,just before placing reinforcing steel,to remove any material that may have fallen from the sides of the excavation or accumulated on the bottom after the completion of drilling.Use a cleanout bucket if material is too large to be picked up with an air lift. Re-process the hole with the auger as directed if concrete placement is not started within 4 hr.of the completion of the shaft excavation.Then clean the bottom with an air lift or cleanout bucket,and check the slurry at the bottom of the hole for compliance with the slurry requirements of Article 416.2.,"Materials." Agitate the congealed slurry to liquefaction if the slurry forms a gel before concrete placement,and whenever directed. Recover and dispose of all slurry as approved,and in accordance with all federal,state,and local laws.Do not discharge slurry into or in close proximity to streams or other bodies of water. 3.5. Reinforcing Steel.Completely assemble the cage of reinforcing steel,and place it as a unit immediately before concrete placement.The cage consists of longitudinal bars and lateral reinforcement(spiral reinforcement,lateral ties,or horizontal bands).Connect individual segments with couplers or by lapping steel as approved if overhead obstacles prevent placement of the cage as a single unit. Extend the reinforcing steel cage as follows if the shaft is lengthened beyond plan length unless directed otherwise. ■ Extend the cage to the bottom for shafts supporting structures other than bridges. ■ Extend the cage to 25 ft,or to the bottom,whichever is shorter,for bridge shafts with plan lengths less than 25 ft. ■ Do not extend the cage for bridge shafts with plan lengths at least 25 ft.that are lengthened less than 33%of plan length. ■ Extend the cage as directed for bridge shafts with plan lengths at least 25 ft.that are lengthened more than 33%of plan length. If the cage does not reach the bottom of the shaft,it may be suspended,or a portion of the longitudinal steel may be extended to support the cage on the bottom of the shaft. Bars used to extend or support the cage may be lap spliced or welded by a qualified welder.Place the extension at the bottom of the shaft. Tie spiral reinforcement to the longitudinal bars at a spacing no more than 24 in.,or as required for a stable cage.Ensure lateral reinforcement is not welded to longitudinal bars unless otherwise shown on the plans. Center the reinforcing steel cage in the excavation using approved"roller"type centering devices unless otherwise approved.Use concrete or plastic chairs to keep the reinforcing cage off of the bottom of the hole. Use centering devices starting at 1.5 ft.off from the bottom of the cage and spaced vertically at intervals not exceeding 10 ft.Use a minimum of 3 centering devices per level at a spacing not to exceed 30 in.Flat or crescent-shaped centralizers("sleds")are not allowed. Support or hold down the cage to control vertical displacement during concrete placement or extraction of the casing.Use support that is concentric with the cage to prevent racking and distortion of the steel. Check the elevation of the top of the steel cage before and after concrete placement or after casing extraction when casing is used.Downward movement of the steel up to 6 in.per 20 feet of shaft length and upward movement of the steel up to 6 in.total are acceptable. Maintain the minimum length of steel required for lap with column steel.Use dowel bars if the proper lap length is provided both into the shaft and into the column.Locate and tie all dowel bars into the cage before placing concrete or insert dowel bars into fresh,workable concrete. Locate and tie anchor bolts when required before placement of concrete. Use templates or other devices to assure accurate placement of anchor bolts. 443 416 3.6. Concrete. Perform all work in accordance with Item 420,"Concrete Substructures."Provide concrete with maximum placement temperatures as specified in Table 4.Provide thermal analysis to show and temperature recording devices to verify maximum core temperature requirements are met as specified in Section 420.4.7.14.,"Mass Placements,"as directed. Table 4 Maximum Concrete Placing Temperature Shaft Mix Design Mix Design Size Options 1-5 Options 6-8 Diameter<5 ft. 95°F 957 5 ft.<_Diameter<_7 ft. 95°F 85°F 7 ft.<Diameter 85°F 75°F Form portions of drilled shaft that project above natural ground. Remove loose material and accumulated seep water from the bottom of the excavation before placing concrete.Place concrete using underwater placement methods if water cannot be removed. Place concrete as soon as possible after all excavation is complete and reinforcing steel is placed. Provide workable concrete that does not require vibrating or rodding.Vibrate formed portions of drilled shafts. Place concrete continuously for the entire length of the shaft.Limit free fall of concrete to 25 ft.for dry shafts of 24 in.or smaller diameter.Use a suitable tube or tremie to prevent segregation of materials.Use a tube or tremie in sections to provide proper discharge and permit raising as the placement progresses.For dry shafts over 24 in.diameter,concrete can be allowed to free fall an unlimited distance if it does not strike the reinforcing cage or sides of the hole during placement.Provide a hopper with a minimum 3-ft.long drop-tube at the top of the shaft to direct concrete vertically down the center of the shaft when free fall is used.Do not use a shovel or other means to simply deflect the concrete discharge from the truck, Maintain a sufficient head of concrete for cased shafts at all times above the bottom of the casing to overcome hydrostatic pressure.Extract casing at a slow,uniform rate with the pull in line with the axis of the shaft.Monitor the concrete level in the casing during extraction.Stop the extraction and add concrete to the casing as required to ensure a completely full hole upon casing removal.The elapsed time from the mixing of the first concrete placed into the cased portion of the shaft until the completion of extraction of the casing must not exceed the time for which the concrete maintains a slump of over 4 in.in accordance with Article 416.2.,"Materials."Modify the concrete mix,the construction procedures,or both for subsequent shafts if the elapsed time is exceeded. Cure the top surface and treat any construction joint area in accordance with Item 420,"Concrete Substructures." 3.7. Additional Requirements for Slurry Displacement or Underwater Concrete Placement Methods.Place concrete on the same day the shaft is excavated and as soon as possible after all excavation is complete and reinforcing steel is placed, Use an air lift or cleanout bucket of the proper size to clean the bottom of the excavation before placing the reinforcing steel cage and concrete.Place concrete through a closed tremie or pump it to the bottom of the excavation.The minimum tremie diameter will be at least 6 times the maximum size of aggregate used in the concrete mix but not less than 10 in. Initially seal the tremie or pump line to positively separate the concrete from the slurry or water.Place concrete continuously from the beginning of placement until the shaft is completed.Keep the tremie full of concrete and well submerged in the previously placed concrete at all times if using a tremie. Raise the tremie as necessary to maintain the free flow of concrete and the stability of any casing used.Keep the discharge tube submerged in the previously placed concrete at all times if using a pump. Place additional concrete to ensure the removal of any contaminated concrete at the top of the shaft.Allow the top portion of concrete to flush completely from the hole at the completion of the pour until there is no evidence of slurry or water contamination. Do not attempt to remove this concrete with shovels,pumps,or other means. Level the top of shaft with hand tools as necessary. Use a sump or other approved method to channel displaced fluid and concrete away from the shaft excavation, Recover slurry and dispose of it as approved. Do not discharge displaced fluids into or near 444 416 streams or other bodies of water. Provide a collar or other means of capturing slurry and the top portion of concrete flushed from the shaft for pours over water. Remove the tube,reseal it at the bottom,penetrate with the tube into the concrete already placed by at least 5 ft.,and recharge it before continuing if concrete placement is interrupted due to withdrawal of the submerged end of the tremie or pump discharge tube before completion. If this condition exists,notify the Engineer and note the elevation and circumstances related to the loss of seal on the drilled shaft log. The elapsed time from the mixing of the first concrete placed until the completion of concrete placement, including extraction of the casing, must not exceed the time for which the concrete maintains a slump of over 4 in.in accordance with Article 416.2.,"Materials."Modify the concrete mix,the construction procedures,or both for subsequent shafts if the elapsed time is exceeded. 3.8. Test Load.Load test shafts,if required,in accordance with Item 405,"Foundation Load Test." 3.9. Trial Shaft.When required on the plans,construct trial shafts to the depth and diameter specified on the plans.Trial shafts include:drilling the hole,placement of the rebar cage(unless otherwise stated),and placement of the concrete.When trial shafts are required,delay start of production shafts until successful completion of trial shafts. 4. MEASUREMENT 4.1. Drilled Shaft.Drilled shaft foundations will be measured by the foot to the bottom of the shaft. 4.1.1. Interior Bents and Piers.Shafts will be measured from a point approximately 6 in.below the finished earthwork elevation at the center of each shaft,unless specific elevations or dimensions are indicated on the plans or unless otherwise directed to meet unusual conditions.The bent height shown on the plans is for estimating purposes only and does not control the top-of-shaft measurement. 4.1.2. Abutment Bents and Retaining Walls.Shafts will be measured from the bottom of footing or cap elevation. 4.1.3. Other Non-Bridge Structures. Shafts,including trial shafts,will be measured from the top of the shaft. 4.2. Core Hole.Core holes will be measured by each core hole drilled. 5. PAYMENT The unit prices bid for the various classifications of drilled shafts will be full compensation for excavation; furnishing,placing,and removing casing;furnishing,processing,and recovering slurry;furnishing,and placing reinforcing steel;pumping;furnishing and placing concrete,including additional concrete required to fill an oversize casing or oversize excavation;conducting slump loss tests;backfilling;disposing of cuttings and slurry;and materials,tools,equipment,labor,and incidentals. When the bottom of a drilled shaft is placed at an elevation below plan grade,no direct payment will be made for extra reinforcement placed to support the cage.The extra reinforcement will be considered subsidiary to the price bid per foot of shaft.No extra payment will be made for casings left in place. No payment will be made for`Drilled Shaft"until the concrete has been placed, 5.1. Drilled Shaft,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"Drilled Shaft,"'Drilled Shaft (Non-reinforced),""Drilled Shaft(Sign Mounts),""Drilled Shaft(High Mast Pole),""Drilled Shaft(Roadway Illumination Pole),"or"Drilled Shaft(Traffic Signal Pole)"of the specified diameter,subject to the limitations for overruns authorized by the Engineer given in Section 416.5.1.1.,"Overrun." 445 416 5.1.1. Overrun.Payment for individual completed shaft lengths up to and including 5 ft.in excess of the maximum plan length shaft,as defined in Section 416.5.1.2.,"Maximum Plan Length Shaft,"will be made at the unit price bid per foot of the specified diameter. Payment for the portion of individual completed shaft length in excess of 5 ft.and up to and including 15 ft. more than the maximum plan length shaft,as defined in this Item,will be made at a unit price equal to 115% of the unit price bid per foot of the specified diameter. Payment for the portion of individual completed shaft length in excess of 15 ft.more than the maximum plan length shaft,as defined in Section 416.5.1.2.,"Maximum Plan Length Shaft,"will be made at a unit price equal to 125%of the unit price bid per foot of the specified diameter. 5.1.2. Maximum Plan Length Shaft. Payment described above is subject to the following provisions for extra depth drilling: ■ For bridge structures,the maximum plan length shaft is the maximum length shaft,regardless of diameter,for any drilled shaft on that specific bridge. ■ For retaining walls,the maximum plan length shaft is the maximum length shaft,regardless of diameter, for any drilled shaft on that specific retaining wall. ■ For overhead sign structures,the maximum plan length shaft is the maximum length shaft,regardless of diameter,for any overhead sign structures included in the Contract. ■ For high mast illumination poles,the maximum plan length shaft is the maximum length shaft, regardless of diameter,for any high mast illumination pole included in the Contract. ■ For roadway illumination poles,the maximum plan length shaft is the maximum length shaft,regardless of diameter,for any roadway illumination pole included in the Contract. ■ For traffic signal poles,the maximum plan length shaft is the maximum length shaft,regardless of diameter,for any traffic signal pole included in the Contract. 5.2. Core Hole.Core holes will be paid at$200 each. 446 420 Item 420 Concrete SubstructuresZ;1aDp,,,t-,n1T exas ansportatton 1. DESCRIPTION Construct concrete substructures including footings,columns,caps,abutments,piers,culverts,other bridge substructure elements,and other concrete structures as indicated. 2. MATERIALS 2.1. Concrete. Provide concrete in accordance with Item 421,"Hydraulic Cement Concrete."Provide the class of concrete for each type of structure or unit as shown on the plans or in pertinent governing specifications. 2.2. Grout or Mortar. Provide grout for dowelling anchors or precast connections in accordance with DMS-4675, "Cementitious Grouts and Mortars for Miscellaneous Applications." 2.3. Latex Curing Materials. Provide an acrylic-polymer latex admixture(acrylic resin emulsion per DMS-4640, "Chemical Admixtures for Concrete")suitable for producing polymer-modified concrete or mortar.Do not allow latex to freeze. 2.4. Reinforcing Steel.Provide reinforcing steel in accordance with Item 440,`Reinforcement for Concrete." 2.5. Expansion Joint Material.Provide materials in accordance with DMS-6310,"Joint Sealants and Fillers." ■ Provide preformed fiber expansion joint material that conforms to the dimensions shown on the plans. ■ Provide preformed bituminous fiber material unless otherwise specified. ■ Provide asphalt board that conforms to dimensions shown on the plans. ■ Provide re-bonded neoprene filler that conforms to the dimensions shown on the plans. 2.6. Waterstop. Provide rubber or polyvinyl chloride(PVC)waterstops in accordance with DMS-6160,"Water Stops, Nylon Reinforced Neoprene Sheet,and Elastomeric Pads,"unless otherwise shown on the plans. 2.7. Curing Materials.Provide membrane curing compounds in accordance with DMS-4650,"Hydraulic Cement Concrete Curing Materials and Evaporation Retardants." Provide cotton mats that consist of a filling material of cotton"bat"or"bats"(at least 12 oz.per square yard) completely covered with unsized cloth(at least 6 oz.per square yard)stitched longitudinally with continuous parallel rows of stitching spaced at less than 4 in.,or tuft both longitudinally and transversely at intervals less than 3 in.Provide cotton mats that are free from tears and in good general condition. Provide a flap at least 6 in.wide consisting of 2 thicknesses of the covering and extending along 1 side of the mat, Provide polyethylene sheeting that is at least 4 mils thick and free from visible defects, Provide only clear or opaque white sheeting when the ambient temperature during curing exceeds 90°F or when applicable to control temperature during mass pours. Provide burlap-polyethylene mats made from burlap impregnated on 1 side with a film of opaque white pigmented polyethylene,free from visible defects. Provide laminated mats that have at least 1 layer of an impervious material such as polyethylene,vinyl plastic,or other acceptable material(either as a solid sheet or impregnated into another fabric)and are free of visible defects. Provide burlap material which complies with AASHTO M 182,Class 3(10 oz.per square yard)with the following additions: 447 420 ■ Manila hemp may also be used to make burlap. ■ Do not use burlap fabricated from bags. ■ Do not use burlap containing any water soluble ingredient which will retard the setting time of concrete. Provide used burlap complying with the requirements stated above and that has only been used previously for curing concrete."Like new"cleanliness is not expected,but contamination with any substance foreign to the concrete curing process,such as grease or oil,will be cause for rejection. 2.8. Epoxy.Provide epoxy materials in accordance with DMS-6100,"Epoxies and Adhesives,"unless otherwise specified. 3. EQUIPMENT 3.1. Transporting and Placing Equipment.Use appropriate transporting and placing equipment such as buckets,chutes,buggies,belt conveyors,pumps,or other equipment as necessary.Ensure concrete is not transported or conveyed through equipment made of aluminum. Use tremies to control the fall of concrete or for underwater placement.Use tremies that are watertight and of large enough diameter to allow the placement of the concrete but less than 14 in.in diameter.Construct the tremie so the bottom can be sealed and opened once the tremie has been fully charged with concrete for underwater placements. Use pumps with lines at least 5 in.inside diameter(I.D.)where Grade 2 or smaller coarse aggregate is used, and at least 8 in. I.D.for Grade 1 coarse aggregate. 3.2. Vibrators.Use immersion-type vibrators for consolidation of concrete. Provide at least 1 standby vibrator for emergency use.Furnish vibrator head covered by a rubberized or elastomeric cover when used near epoxy coated reinforcing steel. 3.3. Temperature Recording Equipment.Use strip chart temperature recording devices,recording maturity meters in accordance with Tex-426-A,or other approved devices that are accurate to within±2°F within the range of 320F to 212°F for mass concrete operations,cold weather placements,and as otherwise specified. 3.4. Artificial Heating Equipment.Use artificial heating equipment as necessary for maintaining the concrete temperatures as specified in Section 420.4,7.11.,'Placing Concrete in Cold Weather." 3.5. Spraying Equipment. Use mechanically powered pressure sprayers,either air or airless,with appropriate atomizing nozzles for the application of membrane curing.Use hand-pressurized spray equipment with 2 or 3 fan-spray nozzles if approved. Ensure the spray from each nozzle overlaps the spray from adjacent nozzles by approximately 50%, 3.6. Concrete Testing Equipment. Provide testing equipment for use by the Engineer in accordance with Section 421.3.3.,"Testing Equipment." 4. CONSTRUCTION Obtain approval for proposed construction methods before starting work.Approval of construction methods and equipment does not relieve the Contractor's responsibility for safety or correctness of methods, adequacy of equipment,or completion of work in full accordance with the Contract. Unless otherwise shown on the plans,it is the Contractor's option to perform testing on structural concrete (structural classes of concrete are identified in Table 8 of Section 421.4.1.,"Classification of Concrete Mix Designs,")to determine the in-situ strength to address the schedule restrictions in Section 420.4.1., "Schedule Restrictions."The Engineer may require the Contractor to perform this testing for concrete placed in cold weather. Make enough test specimens for Contractor-performed testing to ensure strength 448 420 requirements are met for the operations listed in Section 420.4.1.,"Schedule Restrictions."Make at least 1 set of test specimens for each element cast each day.Cure these specimens under the same conditions as the portion of the structure involved for all stages of construction.Ensure safe handling,curing,and storage of all test specimens. Provide testing personnel,and sample and test the hardened concrete in accordance with Section 421.4.8.,"Sampling and Testing of Concrete,"The maturity method,Tex-426-A,may be used for in-situ strength determination for schedule restrictions if approved.Coring will not be allowed for in-situ strength determination for schedule restrictions.Provide the Engineer the opportunity to witness all testing operations. Report all test results to the Engineer. If the Contractor does not wish to perform schedule restriction testing,the Engineer's 7-day lab-cured tests, performed in accordance with Article 421.5.,"Acceptance of Concrete,"will be used for schedule restriction determinations.The Engineer may require additional time for strength gain to account for field curing conditions such as cold weather. 4.1. Schedule Restrictions.Construct and open completed structures to traffic with the following limitations unless otherwise shown on the plans: 4.1.1. Setting Forms.Attain at least 2,500 psi compressive strength before erecting forms on concrete footings supported by piling or drilled shafts,or on individual drilled shafts.Erect forms on spread footings and culvert footings after the footing concrete has aged at least 2 curing days as defined in Section 420.4.10.,"Curing Concrete."Place concrete only after the forms and reinforcing steel have been inspected by the Engineer. Support tie beam or cap forms by falsework on previously placed tie beams only if the tie beam concrete has attained a compressive strength of 2,500 psi and the member is properly supported to eliminate stresses not provided for in the design.Maintain curing as required until completion of the curing period. Place superstructure forms or falsework on the substructure only if the substructure concrete has attained a compressive strength of 3,000 psi. 4.1.2. Removal of Forms and Falsework. Keep in place weight-supporting forms and falsework for bridge components and culvert slabs until the concrete has attained a compressive strength of 2,500 psi in accordance with Section 420.4.11.,"Removal of Forms and Falsework."Keep all forms for mass placements in place for 4 days following concrete placement unless otherwise approved based on the outcome of the heat control plan outlined in Section 420.4.7.14.,"Mass Placements." 4.1.3. Placement of Superstructure Members.Erect or place superstructure members or precast substructure members only after the substructure concrete has attained a compressive strength of 3,000 psi. 4.1.4. Opening to Traffic.Direct traffic culverts may be opened to construction traffic when the design strength specified in Section 421.4.1.,"Classification of Concrete Mix Design,"has been attained if curing is maintained.Obtain approval before opening direct traffic culverts to the traveling public.Open other noncritical structural and nonstructural concrete for service upon the completion of curing unless otherwise specified or directed. 4.1.5. Post-Tensioned Construction.Ensure strength requirements on the plans for structural elements designed to be post-tensioned are met for stressing and staged loading of structural elements. 4.1.6. Backfilling. Backfill in accordance with Section 400.3.3.,"Backfill." 4.2. Plans for Falsework and Forms.Submit plans for falsework and forms for the following items:vertical forms for piers and single column bents;load supporting forms for caps and tie-beams;form attachments for bridges to be widened;and other items as indicated or directed.Provide design calculations when requested. Show all essential details of proposed forms,falsework,and bracing.Have a licensed professional engineer design,seal,and sign these plans.Department approval is not required,except as noted in Table 1 of Item 5,"Control of the Work,"when forms or falsevork are located such that public safety can be affected, but the Department reserves the right to request modifications to the plans.The Contractor is responsible for the adequacy of these plans. Design job-fabricated formwork assuming a weight of 150 pcf for concrete,and 449 420 include a liveload allowance of 50 psf of horizontal surface of the form.Do not exceed 125%of the allowable stresses used by the Department for the design of structures. 4.3. Falsework.Design and construct falsework to safely carry the maximum anticipated loads,including wind loads,and to provide the necessary rigidity.Consult AASHTO's Guide Design Specifications for Bridge Temporary Works and Construction Handbook for Bridge Temporary Works for falsework and shoring information not indicated below.Submit details in accordance with Section 420.4.2.,"Plans for Falsework and Forms." Design job-fabricated falsework assuming a weight of 150 pcf for concrete,and include a minimum liveload allowance of 50 psf of horizontal surface of the form. Do not exceed 125%of the allowable stresses used by the Department for the design of structures. Do not exceed the manufacturer's maximum allowable working loads for moment and shear or end reaction for commercially produced structural units used in falsework.Include a minimum liveload allowance of 35 psf of horizontal form surface in determining the maximum allowable working load for commercially produced structural units. Provide timber that is sound,in good condition,and free from defects that would impair its strength.Provide timber that meets or exceeds the species,size,and grade requirements in the submitted falsework plans. Provide wedges made of hardwood or metal in pairs to adjust falsework to desired elevations to ensure even bearing, Do not use wedges to compensate for incorrectly cut bearing surfaces. Use sills or grillages large enough to support the superimposed load without settlement.Take precautions to prevent settling of the supporting material unless the sills or grillages are founded on solid rock,shale,or other hard materials. Place falsework that cannot be founded on a satisfactory spread footing on piling or drilled shafts with enough bearing capacity to support the superimposed load without settlement.Drive falsework piling to the required resistance determined by the applicable formula in Item 404,"Driving Piling."Design drilled shafts for falsework to carry the superimposed load using both skin friction and point bearing. Weld in conformance with Item 448,"Structural Field Welding."Securely brace each falsework bent to provide the stiffness required,and securely fasten the bracing to each pile or column it crosses. Remove falsework when it is no longer required or as indicated on the submitted falsework plan. Pull or cut off foundations for falsework at least 2 ft.below finished ground level.Completely remove falsework,piling, or drilled shafts in a stream,lake,or bay to the approved limits to prevent obstruction to the waterway. 4.4. Forms.Submit formwork plans in accordance with Section 420.4.2.,"Plans for Falsework and Forms." 4.4.1. General.Provide forms of either timber or metal except where otherwise specified or permitted. Design forms for the pressure exerted by a liquid weighing 150 pcf.Take the rate of concrete placement into consideration in determining the depth of the equivalent liquid. Include a minimum liveload allowance of 50 psf of horizontal surface for job-fabricated forms.Do not exceed 125%of the Department's allowable stresses for the design of structures. Do not exceed the manufacturer's maximum allowable working loads for moment and shear or end reaction for commercially produced structural units used for forms. Include a minimum liveload allowance of 35 psf of horizontal form surface in determining the maximum allowable working load for commercially produced structural units. Provide steel forms for round columns unless otherwise approved.Refer to Item 427,"Surface Finishes for Concrete,"for additional requirements for off-the-form finishes. 450 420 Provide commercial form liners for imprinting a pattern or texture on the concrete surface as shown on the plans and specified in Section 427.4.3.5.,"Form Liner Finish." Provide forming systems that are practically mortar-tight,rigidly braced,and strong enough to prevent bulging between supports,and maintain them to the proper line and grade during concrete placement. Maintain forms in a manner that prevents warping and shrinkage.Do not allow offsets at form joints to exceed 1/16 in. Use only material that is inert,non-biodegradable,and nonabsorptive for forms to be left in place. Construct all forms to permit their removal without marring or damaging the concrete.Clean all forms and footing areas of any extraneous matter before placing concrete.Provide openings in forms if needed for the removal of laitance or foreign matter. Treat the facing of all forms with bond-breaking coating of composition that will not discolor or injuriously affect the concrete surface.Take care to prevent coating of the reinforcing steel. Complete all preparatory work before requesting permission to place concrete. Cease placement if the forms show signs of bulging or sagging at any stage of the placement,and remove the portion of the concrete causing this condition immediately as directed. Reset the forms and securely brace them against further movement before continuing the placement. 4.4.2. Timber Forms.Provide properly seasoned,good-quality lumber that is free from imperfections that would affect its strength or impair the finished surface of the concrete. Provide timber or lumber that meets or exceeds the requirements for species and grade in the submitted formwork plans. Maintain forms or form lumber that will be reused so it stays clean and in good condition.Do not use any lumber that is split,warped,bulged,or marred,or that has defects in any way that will produce inferior work. Promptly remove such lumber from the work. Provide form lining for all formed surfaces except: ■ the inside of culvert barrels,inlets,manholes,and box girders; ■ surfaces that are subsequently covered by backfill material or are completely enclosed;and ■ any surface formed by a single finished board or by plywood. Provide form lining of an approved type such as masonite or plywood.Do not provide thin membrane sheeting such as polyethylene sheets for form lining. Use plywood at least 3/4 in.thick. Place the grain of the face plies on plywood forms parallel to the span between the supporting studs or joists unless otherwise indicated on the submitted form drawings. Use plywood for forming surfaces that remain exposed that meets the requirements for B-B Plyform Class I or Class II Exterior of the U.S.Department of Commerce Voluntary Product Standard PS 1. Space studs and joists so the facing form material remains in true alignment under the imposed loads. Space wales closely enough to hold forms securely to the designated lines,scabbed at least 4 ft.on each side of joints to provide continuity.Place a row of wales near the bottom of each placement. Place facing material with parallel and square joints,securely fastened to supporting studs. Place forms with the form panels symmetrical(long dimensions set in the same direction)for surfaces exposed to view and receiving only an ordinary surface finish as defined in Section 420.4.13.,"Ordinary Surface Finish."Make horizontal joints continuous. 451 420 Make molding for chamfer strips or other uses of materials of a grade that will not split when nailed and can be maintained to a true line without warping.Dress wood molding on all faces. Fill forms at all sharp corners and edges with triangular chamfer strips measuring 3/4 in.on the sides unless otherwise shown on the plans. Use metal form ties of an approved type or a satisfactory substitute of a type that permits ease of removal of the metal to hold forms in place.Cut back wire ties at least 1/2 in.from the face of the concrete. Use devices to hold metal ties in place that are able to develop the strength of the tie and adjust to allow for proper alignment. Entirely remove metal and wooden spreaders that separate the forms as the concrete is being placed. Provide adequate clean-out openings for narrow walls and other locations where access to the bottom of the forms is not readily attainable. 4.4.3. Metal Forms.Requirements for timber forms regarding design,mortar-tightness,filleted corners,beveled projections,bracing,alignment,removal,reuse,and wetting also apply to metal forms except metal forms do not require lining unless specifically noted on the plans. Use form metal thick enough to maintain the true shape without warping or bulging,Countersink all bolt and rivet heads on the facing sides. Design clamps,pins,or other connecting devices to hold the forms rigidly together and to allow removal without damage to the concrete.Use metal forms that present a smooth surface and line up properly.Keep metal free from rust,grease,and other foreign materials. 4.5. Drains. Install and construct weep holes and roadway drains as shown on the plans. 4.6. Placing Reinforcement and Post-Tensioning.Place reinforcement as provided in Item 440, "Reinforcement for Concrete."Do not weld reinforcing steel supports to other reinforcing steel except where shown on the plans. Place post-tensioning ducts,anchorages,and other hardware in accordance with the approved prestressing details and Item 426,`Post-Tensioning."Keep ducts free of obstructions until all post-tensioning operations are complete. 4.7. Placing Concrete.Give the Engineer sufficient advance notice before placing concrete in any unit of the structure to permit the inspection of forms,reinforcing steel placement,and other preparations. Do not place concrete when impending weather conditions would impair the quality of the finished work. Place concrete in early morning or at night or adjust the placement schedule for more favorable weather when conditions of wind,humidity,and temperature are such that concrete cannot be placed without the potential for weather-related distress. Adequately illuminate the entire placement site as approved when mixing,placing,and finishing concrete in non-daylight hours. Furnish adequate shelter to protect the concrete against damage from rainfall or freezing temperatures as outlined in this Item if changes in weather conditions require protective measures after work starts.Continue operations during rainfall only if approved.Use protective coverings for the material stockpiles.Cover aggregate stockpiles only to the extent necessary to control the moisture conditions in the aggregates. Allow at least 1 curing day after the concrete has achieved initial set before placing strain on projecting reinforcement to prevent damage to the concrete. 4.7.1. Placing Temperature.Place concrete according to the following temperature limits for the classes of concrete defined in Section 421.4.1.,"Classification of Concrete Mix Designs." 452 420 ■ Place Class C,F, H, K,or SS concrete only when its temperature at time of placement is between 507 and 95°F. Increase the minimum placement temperature to 60OF if slag cement is used in the concrete. ■ Place Class S concrete,used in this Item only as indicated for culvert top slabs,only when its temperature is between 507 and 85°F. Increase the minimum placement temperature to 607 if slag cement is used in the concrete. ■ Place Class A, B,and D concrete only when its temperature at the time of placement is greater than 50°F. ■ Place mass concrete in accordance with Section 420.4.7.14.,"Mass Placements,"only when its temperature at the time of placement is between 50OF and 757. 4.7.2. Transporting Time. Begin the discharge of concrete delivered in truck mixers within the times listed in Table 14 of Item 421,"Hydraulic Cement Concrete." 4.7.3. Workability of Concrete.Place concrete with a slump as specified in Section 421.4.2,5,,"Slump."Water may be added to the concrete before discharging any concrete from the truck to adjust for low slump provided that the maximum mix design water—cement ratio is not exceeded.Mix concrete in accordance with Section 421.4.6.,"Mixing and Delivering Concrete,"after introduction of any additional water or chemical admixtures.Do not add water or chemical admixtures after any concrete has been discharged. 4.7.4. Transporting Concrete.Transport concrete by buckets,chutes,buggies,belt conveyors,pumps,or other methods. Protect concrete transported by conveyors from sun and wind to prevent loss of slump and workability. Shade or wrap with wet burlap pipes through which concrete is pumped as necessary to prevent loss of slump and workability. Arrange and use chutes,troughs,conveyors,or pipes so the concrete ingredients will not be separated. Terminate such equipment in vertical downspouts when necessary to prevent segregation.Extend open troughs and chutes,if necessary,down inside the forms or through holes left in the forms. Keep all transporting equipment clean and free from hardened concrete coatings.Discharge water used for cleaning clear of the concrete, 4.7.5. Preparation of Surfaces.Thoroughly wet all forms and hardened concrete on which concrete is to be placed before placing concrete on them.Remove any remaining puddles of excess water before placing concrete.Provide surfaces that are in a moist,saturated surface-dry condition when concrete is placed on them. Ensure the subgrade or foundation is moist before placing concrete on grade. Lightly sprinkle the subgrade if dry. 4.7.6. Expansion Joints.Construct joints and devices to provide for expansion and contraction in accordance with plan details. Use light wire or nails to anchor any preformed fiber joint material to the concrete on 1 side of the joint. Ensure finished joints conform to the plan details with the concrete sections completely separated by the specified opening or joint material. Remove all concrete within the joint opening soon after form removal and again where necessary after surface finishing to ensure full effectiveness of the joint. 4.7.7. Construction Joints.A construction joint is the joint formed by placing plastic concrete in direct contact with concrete that has attained its initial set.Monolithic placement means the manner and sequence of concrete placing does not create a construction joint. 453 420 Make construction joints of the type and at the locations shown on the plans.Additional joints in other members are not permitted without approval.Place authorized additional joints using details equivalent to those shown on the plans for joints in similar locations. Make construction joints square and normal to the forms unless otherwise required.Use bulkheads in the forms for all vertical joints. Thoroughly roughen the top surface of a concrete placement terminating at a horizontal construction joint as soon as practical after initial set is attained. Thoroughly clean the hardened concrete surface of all loose material,laitance,dirt,and foreign matter,and saturate it with water.Remove all free water and moisten the surface before concrete or bonding grout is placed against it. Ensure the surface of the existing concrete is in a saturated surface-dry condition(SSD) just before placing subsequent concrete.Wet the existing concrete by ponding water on the surface for 24 hr. before placing subsequent concrete.Use high-pressure water blasting if ponding is not possible to achieve SSD conditions 15 to 30 min.before placing the concrete.An SSD condition is achieved when the surface remains damp when exposed to sunlight for 15 min. Draw forms tight against the existing concrete to avoid mortar loss and offsets at joints. Bonding agents are not required unless indicated otherwise.Coat the joint surface with bonding mortar, grout,epoxy,or other material if a bonding agent is required as indicated on the plans.Provide Type V epoxy per DMS-6100,"Epoxies and Adhesives,"for bonding fresh concrete to hardened concrete.Place the bonding epoxy on a clean,dry surface,and place the fresh concrete while the epoxy is still tacky.Place bonding mortar or grout on a surface that is SSD,and place the concrete before the bonding mortar or grout dries.Place other bonding agents in accordance with the manufacturer's recommendations. 4.7.8. Handling and Placing.Minimize segregation of the concrete and displacement of the reinforcement when handling and placing concrete. Produce a uniform,dense compact mass. Ensure concrete free-falls no more than 5 ft.except in the case of drilled shafts,thin walls such as in culverts,or as allowed by other Items.Remove any hardened concrete splatter ahead of the plastic concrete. Fill each part of the forms by depositing concrete as near its final position as possible.Do not deposit large quantities of concrete at 1 point and run or move the concrete along to fill the forms. Deposit concrete in the forms in layers of suitable depth but no more than 36 in.deep unless otherwise permitted. Avoid cold joints in a monolithic placement,Sequence successive layers or adjacent portions of concrete so they can be vibrated into a homogeneous mass with the previously placed concrete before it sets.Allow no more than 1 hr.to elapse between adjacent or successive placements of concrete when re-vibration of the concrete is shown on the plans except as otherwise allowed by an approved placing procedure.This time limit may be extended by 112 hr.if the concrete contains at least the minimum recommended dosage of a Type B or D admixture. 4.7.9. Consolidation.Carefully consolidate concrete and flush mortar to the form surfaces with immersion type vibrators.Do not use vibrators that operate by attachment to forms or reinforcement except where approved on steel forms. Vibrate the concrete immediately after deposit.Systematically space points of vibration to ensure complete consolidation and thorough working of the concrete around the reinforcement,embedded fixtures,and into the corners and angles of the forms. Insert the vibrators vertically where possible.Vibrate the entire depth of each lift,allowing the vibrator to penetrate several inches into the preceding lift. Do not use the vibrator to move the concrete to other locations in the forms.Do not drag the vibrator through the concrete.Thoroughly consolidate concrete along construction joints by operating the vibrator along and close to but not against the joint surface.Continue the vibration until the concrete surrounding reinforcements and fixtures is completely 454 420 consolidated.Hand-spade or rod the concrete if necessary to ensure flushing of mortar to the surface of all forms. 4.7,10. Installation of Dowels and Anchor Bolts. Install dowels and anchor bolts by casting them in-place or by grouting with grout,epoxy,or epoxy mortar unless noted otherwise. Form or drill holes for grouting.Follow the manufacturer's recommended installation procedures for pre-packaged grout or epoxy anchor systems. Test anchors if required on the plans or by other Items. Drill holes for anchor bolts to accommodate the bolt embedment required by the plans.Make holes for dowels at least 12 in.deep unless otherwise shown on the plans.Make the hole diameter at least twice the dowel or bolt diameter,but not exceeding the dowel or bolt diameter plus 1-1/2 in.when using cementitious grout or epoxy mortar.Make the hole diameter 1/16 to 1/4 in.greater than the dowel or bolt diameter when using neat epoxy unless indicated otherwise by the epoxy manufacturer. Thoroughly clean holes of all loose material,oil,grease,or other bond-breaking substance,and blow them clean with filtered compressed air. Use a wire brush followed by oil-free compressed air to remove all loose material from the holes,repeating as necessary until no more material is removed. Ensure holes are in a surface-dry condition when epoxy type materials are used and in a surface-moist condition when cementitious grout is used.Develop and demonstrate for approval a procedure for cleaning and preparing the holes for installation of the dowels and anchor bolts.Completely fill the void between the hole and dowel or bolt with grouting material.Follow exactly the requirements for cleaning outlined in the product specifications for pre-packaged systems. Provide hydraulic cement grout for cast-in-place or grouted systems in accordance with DMS-4675, "Cementitious Grouts and Mortars for Miscellaneous Applications."Provide a Type III epoxy per DMS-6100, "Epoxies and Adhesives,"when neat epoxy is used for anchor bolts or dowels. Provide Type VIII epoxy per DMS-6100,"Epoxies and Adhesives,"when an epoxy grout is used.Provide grout,epoxy,or epoxy mortar as the binding agent unless otherwise indicated on the plans. Provide other anchor systems as required on the plans. 4.7.11. Placing Concrete in Cold Weather.Protect concrete placed under weather conditions where weather may adversely affect results. Permission given by the Engineer for placing during cold weather does not relieve the Contractor of responsibility for producing concrete equal in quality to that placed under normal conditions. Remove and replace concrete as directed at the Contractor's expense if it is determined unsatisfactory due to poor conditions. Do not place concrete in contact with any material coated with frost or with a temperature of 32°F or lower. Do not place concrete when the ambient temperature in the shade is below 40°F and falling unless approved.Place concrete when the ambient temperature in the shade is at least 357 and rising or above 40°F. Provide and install recording thermometers,maturity meters,or other suitable temperature measuring devices to verify all concrete is effectively protected as follows: ■ Maintain the temperature at all surfaces of concrete in bents,piers,culvert walls,retaining walls, parapets,wingwalls,top slabs of non-direct traffic culverts,and other similar formed concrete at or above 40°F for 72 hr.from the time of placement. ■ Maintain the temperature of all other concrete,including the bottom slabs(footings)of culverts,placed on or in the ground above 32°F for 72 hr.from the time of placement. Use additional covering,insulated forms,or other means and,if necessary,supplement the covering with artificial heating,Avoid applying heat directly to concrete surfaces.Cure as specified in Section 420.4.10., "Curing Concrete,"during this period until all requirements for curing have been satisfied. Have all necessary heating and covering material ready for use before permission is granted to begin placement when impending weather conditions indicate the possible need for temperature protection. 455 420 4.7.12. Placing Concrete in Hot Weather.Keep the concrete at or below the maximum temperature at time of placement as specified in Section 420,4.7.1.,"Placing Temperature."Sprinkle and shade aggregate stockpiles or use ice,liquid nitrogen systems,or other approved methods as necessary to control the concrete temperature. 4.7.13. Placing Concrete in Water, Deposit concrete in water only when shown on the plans or with approval. Make forms or cofferdams tight enough to prevent any water current passing through the space in which the concrete is being deposited.Do not pump water during the concrete placing or until the concrete has set for at least 36 hr. Place the concrete with a tremie or pump,or use another approved method,and do not allow it to fall freely through the water or disturb it after it is placed. Keep the concrete surface level during placement, Support the tremie or operate the pump so it can be easily moved horizontally to cover all the work area and vertically to control the concrete flow.Submerge the lower end of the tremie or pump hose in the concrete at all times.Use continuous placing operations until the work is complete. Design the concrete mix in accordance with Item 421,"Hydraulic Cement Concrete,"with a minimum cement content of 650 lb.per cubic yard for concrete to be placed under water.Include an anti-washout admixture in the mix design as necessary to produce a satisfactory finished product. 4.7.14. Mass Placements.Develop and obtain approval for a heat control plan for monolithic placements designated on the plans as mass concrete to ensure the following during the heat dissipation period: ■ the temperature differential between the central core of the placement and the exposed concrete surface does not exceed 35°F and ■ the temperature at the central core of the placement does not exceed 160°F. Use the ConcreteWorks©software available from the Department,or another approved method based on the guidelines in ACI 207,"Mass Concrete,"to develop the heat control plan.The Department will make available technical assistance on the use of ConcreteWorks©. Develop the heat control plan using historical temperature ranges for the anticipated time of the mass placement.Re-create the plan if the work schedule shifts by more than one month. The heat control plan may include a combination of the following elements: ■ selection of concrete ingredients including aggregates,gradation,and cement types,to minimize heat of hydration; ■ use of ice or other concrete cooling ingredients; ■ use of liquid nitrogen dosing systems; ■ controlling rate or time of concrete placement; ■ use of insulation or supplemental external heat to control heat loss; ■ use of supplementary cementing materials; ■ use of a cooling system to control the core temperature;or ■ vary the duration formwork remains in place. Furnish and install 2 pairs of temperature recording devices,maturity meters,or other approved equivalent devices. Install devices to measure the surface temperature no more than 3 in.from the surface. Install devices to measure the core temperature a distance of half the least dimension from the nearest surface near the point of maximum predicted heat. Use these devices to simultaneously measure the temperature of the concrete at the core and the surface.Maintain temperature control methods for 4 days unless otherwise approved based on the submitted heat control plan.Do not use maturity meters to predict strength of mass concrete.Revise the heat control plan as necessary to maintain the temperature limitations shown above. If the core temperature exceeds 160°F,the mass concrete element will be subject to review and acceptance by the Engineer using forensic analyses to determine its potential reduction in service life or performance. Proceed with subsequent construction on the affected element only when notified regarding acceptance. 456 420 Repair any resulting cracking if the temperature differential between the central core of the placement and the nearest concrete surface exceeds 350F at no expense to the Department and revise the heat control plan as necessary to prevent further occurrences. 4.7.15. Placing Concrete in Foundation and Substructure.Do not place concrete in footings until the depth and character of the foundation has been inspected and permission has been given to proceed. Place concrete footings upon seal concrete after the cofferdams are free from water and the seal concrete is cleaned. Perform any necessary pumping or bailing during the concreting from a suitable sump located outside the forms. Construct or adjust all temporary wales or braces inside cofferdams as the work proceeds to prevent unauthorized construction joints. Omit forms when footings can be placed in a dry excavation without the use of cofferdams,if approved,and fill the entire excavation with concrete to the elevation of the top of footing. Place concrete in columns monolithically between construction joints unless otherwise directed.Columns and caps or tie beams supported on them may be placed in the same operation or separately.Allow for settlement and shrinkage of the column concrete,if placed in the same operation,by placing it to the lower level of the cap or tie beam,and delay placement between 1 and 2 hr.before proceeding with the cap or tie beam placement. 4.7.16. Placing Concrete in Box Culverts.Allow between 1 and 2 hr.to elapse where the top slab and walls are placed monolithically in culverts more than 4 ft.in clear height before placing the top slab to allow for settlement and shrinkage in the wall concrete. Accurately finish the footing slab at the proper time to provide a smooth uniform surface.Finish top slabs that carry direct traffic as specified in Item 422,"Concrete Superstructures,"Give top slabs of fill type culverts a float finish. 4.8. Extending Existing Substructures.Verify pertinent dimensions and elevations of the existing structure before ordering any required materials. 4.8.1. Removal.Remove portions of the existing structure to the lines and dimensions shown on the plans or as directed. Dispose of these materials as shown on the plans or as directed.Repair any portion of the remaining structure damaged as a result of the construction. Do not use explosives to remove portions of the existing structure unless approved in writing. Do not use a demolition ball,other swinging weight,or impact equipment unless shown on the plans.Use pneumatic or hydraulic tools for final removal of concrete at the"break"line.Use removal equipment,as approved that will not damage the remaining concrete. 4.8.2. Reuse of Removed Portions of Structure.Detach and remove all portions of the old structure that are to be incorporated into the extended structure to the lines and details as specified on the plans or as directed. Move the unit to be reused to the new location specified using approved methods.Place the reinforcement and extension concrete according to the plan details. 4.8.3. Splicing Reinforcing Steel.Splice new reinforcing bars to exposed bars in the existing structure using lap splices in accordance with Item 440,"Reinforcement for Concrete,"unless otherwise shown on the plans. The new reinforcing steel does not need to be tied to the existing steel where spacing or elevation does not match that of the existing steel provided the lap length is attained.Weld in accordance with Item 448, "Structural Field Welding,"when welded splices are permitted, Install any required dowels in accordance with Section 420.4.7.10.,"Installation of Dowels and Anchor Bolts," 4.8.4. Concrete Preparation. Roughen and clean concrete surfaces that are in contact with new construction before placing forms. Prepare these construction joint surfaces in accordance with Section 420.4.7.7., "Construction Joints." 457 420 4.9. Treatment and Finishing of Horizontal Surfaces.Strike off to grade and finish all unformed upper surfaces.Do not use mortar topping for surfaces constructed under this Section. Float the surface with a suitable float after the concrete has been struck off. Slope the tops of caps and piers between bearing areas from the center slightly toward the edge,and slope the tops of abutment and transition bent caps from the backwall to the edge,as directed,so water drains from the surface.Give the concrete a smooth trowel finish.Construct bearing areas for steel units in accordance with Section 441.3.11.6.,"Bearing and Anchorage Devices."Give the bearing area under the expansion ends of concrete slabs and slab and girder spans a steel-trowel finish to the exact grades required.Give bearing areas under elastomeric bearing pads or nonreinforced bearing seat buildups a textured,wood float finish. Do not allow the bearing area to vary from a level plane more than 1116 in.in all directions. Cast bearing seat buildups or pedestals for concrete units integrally with the cap or a construction joint. Provide a latex-based mortar,an epoxy mortar,or an approved proprietary bearing mortar for bearing seat buildups cast with a construction joint.Mix mortars in accordance with the manufacturer's recommendations. Construct pedestals of Class C concrete,reinforced as shown on the plans or as indicated in Figure 1 and Figure 2.The Engineer of Record will design pedestals higher than 12 in. Nonreinforced Reinforced Pedestal Bearing Seat for Heights Greater Build-up than 3 �inimum 1 1/2" #4 Bars aximum 3" I �✓� at Beam Permissible Construction Joint Figure 1 Section through Bearing Seat Buildups 458 420 Nonreinforced ~� � --. Bearing Seat I Reinforced Build-up --.- � Pedestal for Heights — — —� Greater than 3" I( Figure 2 Plan View of Bearing Seat Buildups 4.10. Curing Concrete.Obtain approval of the proposed curing methods,equipment,and materials before placing concrete.The Engineer may require the same curing methods for like portions of a single structure. Inadequate curing or facilities may delay all concrete placements on the job until remedial action is taken. A curing day is a calendar day when the temperature,taken in the shade away from artificial heat,is above 50°F for at least 19 hr.or,on colder days if the temperature of all surfaces of the concrete is maintained above 40°F,for the entire 24 hr.The required curing period begins when all concrete has attained its initial set unless indicated otherwise.Tex-440-A may be used to determine when the concrete has attained its initial set. Cure all concrete for 4 consecutive days except as allowed for the curing options listed below. Use form or membrane curing for vertical surfaces unless otherwise approved. Use only water curing for horizontal surfaces of HPC or mass concrete.Use water or membrane curing for horizontal or unformed surfaces for all other concrete. Use one of the following curing options for vertical surfaces,unless indicated otherwise. ■ Form cure for 48 hr,after placement. ■ Form cure for 12 hr.after placement followed by membrane curing. ■ For HPC Concrete,form cure for 48 hr.after placement followed by membrane curing. ■ For mass concrete,form cure as required by the heat control plan followed by membrane curing if forms are removed before 4 days. Apply membrane curing,if used,within 2 hr.of form removal. Use only water curing in accordance with this Section for the top surface of any concrete unit upon which concrete is to be placed and bonded at a later interval(stub walls,caps with backwalls,risers,etc.). Cure all other concrete as specified in the pertinent Items. Use the following methods for curing concrete, subject to the requirements of this Item, 4.10.1. Form Curing.When forms are left in intimate contact with the concrete,other curing methods are not required except for exposed surfaces and for cold weather protection.Use another approved curing method if forms are removed before the 4-day required curing period. 459 420 4.10.2. Water Curing. Keep all exposed surfaces of the concrete wet continuously for the required curing time, Use water curing in accordance with concrete mixing water in Section 421.2.5.,"Water."Do not use seawater or water that stains or leaves an unsightly residue. 4.10.2.1. Blankets.Keep the concrete continuously wet by maintaining wet cotton or burlap mats in direct contact with the concrete for the required curing time.Weight the mats adequately to provide continuous contact with all concrete.Cover surfaces that cannot be cured by direct contact with mats,forming an enclosure well anchored to the forms or ground so outside air cannot enter the enclosure.Provide sufficient moisture inside the enclosure to keep all surfaces of the concrete wet. 4.10.2.2. Water Spray.Overlap sprays or sprinklers to keep all unformed surfaces continuously wet. 4.10.2.3. Ponding,Cover the surfaces with at least 2 in.of clean granular material,kept wet at all times,or at least 1 in.deep water.Use a dam to retain the water or saturated granular material. 4.10.3. Membrane Curing.Choose either Type 1-D or Type 2 membrane-curing compound unless otherwise shown on the plans.Use the same type of curing compound on an individual member. Apply membrane curing just after free moisture has disappeared at a rate of approximately 180 sq.ft.per gallon. Do not spray curing compound on projecting reinforcing steel or concrete that will later form a construction joint. Do not apply membrane curing to dry surfaces.Dampen formed surfaces and surfaces that have been given a first rub so they are moist at the time of application of the membrane. Leave the film unbroken for the minimum curing period specified when membrane is used for complete curing.Correct damaged membrane immediately by reapplication of membrane.Polyethylene sheeting, burlap-polyethylene mats,or laminated mats in close contact with the concrete surfaces are equivalent to membrane curing. 4.11. Removal of Forms and Falsework.Remove forms for vertical surfaces after the concrete has aged a minimum of 12 hr.after initial set provided the removal can be done without damage to the concrete unless otherwise directed.Keep forms for mass placements in place for 4 days following concrete placement unless otherwise approved based on the outcome of the heat control plan outlined in Section 420.4.7.14.,"Mass Placements." Leave in place weight-supporting forms and falsework spanning more than 1 ft.for all bridge components and culvert slabs except as directed otherwise until the concrete has attained a compressive strength of 2,500 psi.Remove forms for other structural components as necessary. Remove inside forms(walls and top slabs)for box culverts and sewers after concrete has attained a compressive strength of 1,800 psi if an approved overhead support system is used to transfer the weight of the top slab to the walls of the box culvert or sewer before removal of the support provided by the forms. Forms or parts of forms may be removed only if constructed to permit removal without disturbing forms or falsework required to be left in place for a longer period on other portions of the structure. Remove all metal appliances used inside forms for alignment to a depth of at least 1/2 in.from the concrete surface.Make the appliances so metal may be removed without undue chipping or spalling of the concrete, and so it leaves a smooth opening in the concrete surface when removed.Do not burn off rods,bolts,or ties. Remove all forms and falsework unless otherwise directed. 4.12. Defective Work. Repair defective work as soon as possible. Remove and replace at the expense of the Contractor any defect that cannot be repaired to the satisfaction of the Engineer. 4.13. Ordinary Surface Finish.Apply an ordinary surface finish to all concrete surfaces.Provide flat or textured surfaces as specified with uniform appearance.Address defects and surface irregularities not consistent with the intent of the expected finish by the following: 460 420 ■ Chip away all loose or broken material to sound concrete where porous,spalled,or honeycombed areas are visible after form removal. ■ Repair spalls in accordance with the procedures outlined in the Concrete Repair Manual available on the Department's website. ■ Clean and fill holes or spalls caused by the removal of form ties,etc.,with latex grout,cement grout,or epoxy grout as approved.Fill only the holes.Do not blend the patch with the surrounding concrete.On surfaces to receive a rub finish in accordance with Item 427,"Surface Finishes for Concrete,"chip out exposed parts of metals chairs to a depth of 1/2 in.and repair the surface. ■ Remove all fins,rust staining,runs,drips,or mortar from surfaces that will be exposed.Smooth all form marks and chamfer edges by grinding or dry-rubbing. ■ Ensure all repairs are dense,well-bonded,and properly cured. Finish exposed large repairs to blend with the surrounding concrete where a higher class of finish is not specified, Apply an ordinary surface finish as the final finish to the following exposed surfaces unless noted otherwise: ■ inside and top of inlets, ■ inside and top of manholes, ■ inside of sewer appurtenances,and ■ inside of culvert barrels. Form marks and chamfer edges do not need to be smoothed for the inside of culvert barrels. 5. MEASUREMENT This Item will be measured by the cubic yard,square yard,foot,square foot,or by each structure. 5.1. General.Concrete quantities will be based on the dimensions shown on the plans or those established in writing by the Engineer. In determining quantities,no deductions will be made for chamfers less than 2 in.or for embedded portions of steel or prestressed concrete beams,piling,anchor bolts,reinforcing steel,drains,weep holes,junction boxes,electrical or telephone conduit,ducts and voids for prestressed tendons,or embedded portions of light fixtures. Variation in concrete headwall quantity incurred when an alternate bid for pipe is permitted will not be cause for payment adjustment. Quantities revised by a change in design,measured as specified,will be increased or decreased and included for payment. 5.2. Plans Quantity.Structure elements designated in Table 1 and measured by the cubic yard are plans quantity measurement items.The quantity to be paid for plans quantity items is the quantity shown in the proposal unless modified by Article 9.2.,"Plans Quantity Measurement."Additional measurements or calculations will be made if adjustments of quantities are required. No adjustment will be made for footings or other in-ground elements where the Contractor has been allowed to place concrete in an excavation without forms. 461 420 Table 1 Plans Quantity Payment Cubic Yard Measurement Only) Culverts and culvert wing walls Abutments Headwalls for pipe Footings Retaining walls Pile bent caps Inlets and manholes Post-tensioned elements Note—Other elements,including pier and bent concrete,may be paid for as"plans quantity" when shown on the plans. 5.3. Measured in Place. Items not paid for as"plans quantity"will be measured in place. 6. 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 the class of concrete and element identified and by the special designation when appropriate.This price is full compensation for furnishing,hauling,and mixing concrete materials;furnishing,bending,fabricating,splicing,welding and placing the required reinforcement; clips,blocks,metal spacers,ties,wire,or other materials used for fastening reinforcement in place; furnishing,placing,and stressing post-tensioning system;placing,finishing,and curing concrete;mass placement controls;applying ordinary surface finish;furnishing and placing drains,metal flashing strips,and expansion-joint material;excavation,subgrade preparation;and forms and falsework,equipment,labor, tools,and incidentals. Price will be adjusted in accordance with Article 421.6.,"Measurement and Payment"when required to address non-compliance of project acceptance testing. Design and installation of foundations for falsework is at the Contractor's expense. In addition to the work described above,for extending structures the unit prices bid for the various classifications of concrete shown are full compensation for removing and disposing of,if necessary,the designated portion of the existing structure;removing,stockpiling if necessary,and replacing headwall units for reuse;cleaning,bending,and cutting of exposed reinforcing steel;splicing of new reinforcing steel to existing reinforcing steel;installation of dowels;and cleaning and preparing existing concrete surfaces. 462 423 Item 423 Retaining Walls ,Texas Department of Transportaflon 1. DESCRIPTION Furnish,construct,and install retaining walls. 2. MATERIALS 2.1. General.Furnish materials in accordance with the following: ■ Item 420,"Concrete Substructures," ■ Item 421,"Hydraulic Cement Concrete," ■ Item 440,"Reinforcement for Concrete," ■ Item 445,"Galvanizing," ■ Item 458,"Waterproofing Membranes for Structures,"and ■ Item 556,"Pipe Underdrains." Use concrete for retaining walls that conforms to the requirements of Table 1 unless otherwise shown on the plans. Table 1 Concrete for Retaining Walls Application Concrete Cast-in lace,non-reinforced Class A Cast-in-place,reinforced Class C Precast Class H,f�=4,000 psi Furnish concrete for machine-made concrete block units in accordance with ASTM C90,Class 1,Type II, except the minimum 28-day compressive strength must be 4,000 psi with maximum moisture absorption of 7%. Provide Type 1 filter fabric in accordance with DMS-6200,"Filter Fabric."Provide filter fabric rated as UV- resistant when used as part of the exposed facing for a temporary wall. Joint fillers,pads,waterstops,and other incidental materials must be as shown on the plans or approved by the Engineer. Epoxy coat all steel used in concrete panels and coping including connectors,dowels,stirrups,and reinforcing steel when the plans call for epoxy coating of steel earth reinforcements. 2.2. Definitions.This Item uses the following terms: ■ Permanent Wall.A retaining wall with a design service life of 75 years.All walls are presumed to be permanent walls unless otherwise specified on the plans. ■ Temporary Wall.A retaining wall so designated by description,with a design service life of 3 years, ■ Mechanically Stabilized Earth(MSE)Wall.A wall consisting of a volume of select backfill with tensile earth reinforcement elements distributed throughout.Permanent MSE walls use a precast concrete panel as a facing element,Temporary MSE walls use welded wire fabric with filter fabric backing as a facing element. ■ Concrete Block Wall.A retaining wall that uses machine-made,precast concrete block units as facing elements.The walls may use a volume of select fill with tensile earth reinforcements distributed throughout,or may use only the facing unit and unit fill weight for support. 495 423 2.3. Fabrication. 2.3.1. Cast-in-Place.Meet Item 420,"Concrete Substructures." 2.3.2. Formed Precast.Meet Item 424,"Precast Concrete Structural Members(Fabrication)." 2.3.3. Machine-Made Precast.Furnish machine-made concrete block units in accordance with ASTM C90, sampled and tested in accordance with ASTM C140.Furnish units with molded dimensions within 1/8 in.of specified dimensions,except height must be within 1/16 in. 2.4. Backfill. 2.4.1. Non-Select, Furnish non-select backfill for walls other than temporary and permanent MSE and concrete block walls as indicated on the plans.Non-select fill will meet Item 132,"Embankment,"of the type specified on the plans.Provide material with a maximum plasticity index of 30 if no type is specified as determined by Tex-106-E. 2.4.2. Select.Select backfill is required in specific areas of permanent and temporary MSE and concrete block-type retaining walls.Provide select backfill that is free from organic or otherwise deleterious materials and that conforms to the gradation limits shown in Table 2 as determined by Tex-401-A. Provide backfill that does not contain shale,caliche,or other soft,poor-durability coarse aggregate particles. Reclaimed Asphalt Pavement(RAP)is not allowed.Crushed Concrete or manufactured sand is allowed for temporary walls with a service life of 3 years or less.Test each source of backfill for durability/soundness using Tex-411-A,5-cycle magnesium sulfate soundness. Backfill material with a maximum 5-cycle soundness loss exceeding 25%will be rejected.Alternately,Tex-461-A,Micro-Deval abrasion may be used if the corresponding results show loss is not greater than 20%,otherwise Tex-411-A governs aggregate verification. Type AS, BS,and IDS particles larger than 1/4 in.must be angular or completely crushed.Provide mechanically crushed gravel or stone backfill.Gravel from each aggregate source will have a minimum of 95%two or more mechanically induced crushed faces,as Tex-460-A,Part I determines.Rounded rock or rounded gravel is not allowed.Natural sand meeting the requirements of this Section is permitted for use, Table 2 Select Backfill Gradation Limits Type Sieve Size Percent Retained 3" 0 1/2" 50-100 AS #4 See Note #40 85-100 #200 95-100 3" 0 BS #4 See Note #40 40-100 #200 85-100 3" 0 CS #4 See Note #200 75-100 3" 0 DS 3/8" 85-100 #200 95-100 Note—Use No,4 sieve for determination of rock backfill as described in this main paragraph, "Backfill." When the backfill gradation results in 85%or more material retained on the No.4 sieve,the backfill will be considered rock backfill.All Type IDS backfill is considered rock backfill. 496 423 In addition to the requirements for Type CS select fill,the fraction finer than the No.200 sieve must have a Plasticity Index(PI)in accordance with Tex-106-E not greater than 6. Furnish Type BS backfill for permanent walls;Type CS backfill for temporary walls;and Type IDS backfill for areas of walls subject to inundation unless otherwise shown on the plans,or below the 100-year flood elevation as noted on the plans. Furnish backfill meeting the requirements of this Section but with a maximum particle size of 3/4 in.when nonmetallic or epoxy coated earth reinforcements are used. 2.4.3. Drainage Aggregate. Use drainage aggregate to fill the void within concrete block units and in the zone 1 ft. behind the units. Provide drainage aggregate that is free from organic or otherwise deleterious materials and that conforms to the gradation limits in Table 3 as Tex-110-E determines. Table 3 Drainage Aggrre ate Gradation Limits Sieve Size Percent Retained 1" 0 3/4" 25-50 1/2" 50-100 #4 75-100 2.4.4. Cement-Stabilized Backfill. Use cement-stabilized backfill when required or as approved.Stabilize Type CS backfill with 5%hydraulic cement by dry weight of the backfill material. Use a stationary plant to thoroughly mix the backfill material,cement,and water.Place and compact the backfill within 2 hours of mixing.Provide special drainage provisions when cement-stabilized backfill is used,as shown on the plans. 2.4.5. Electrochemical.Provide backfill meeting the following additional requirements for permanent retaining wall systems using galvanized metallic earth reinforcements: ■ The pH is between 5.5 and 10.0 as Tex-128-E determines. ■ Resistivity is more than 3,000 ohm-cm as Tex-129-E determines. ■ Material with resistivity between 1,500 and 3,000 ohm-cm may be used if the chloride content is less than 100 ppm and the sulfate content is less than 200 ppm as Tex-620-J determines. Perform electrochemical testing on the raw,unstabilized backfill material when cement-stabilized backfill is used. 2.5. Earth Reinforcements, Furnish earth reinforcements that meet the design requirements.Galvanize or epoxy coat all steel elements for permanent walls in contact with soil.Epoxy coat in accordance with Item 440,'Reinforcement for Concrete,"except provide a minimum 18-mil coating thickness. Epoxy coat the reinforcing only when shown on the plans or as approved.Use connection hardware that is likewise nonmetallic or epoxy coated when using nonmetallic or epoxy coated earth reinforcements. 3. CONSTRUCTION 3.1. General.Construct retaining walls in accordance with details shown on the plans,on the approved working drawings,and to the pertinent requirements of the following Items: ■ Item 110,"Excavation" ■ Item 132,"Embankment' ■ Item 400,"Excavation and Backfill for Structures" ■ Item 420,"Concrete Substructures" ■ Item 458,"Waterproofing Membranes for Structures" ■ Item 556,"Pipe Underdrains" Construct required piling or drilled shafts in accordance with the pertinent specification. 497 423 3.2. Options.When optional design details are shown on the plans,the Contractor is required to use the same facing design within an area of continuous retaining walls. Provide drawings for review indicating the proposed design arrangement when proposing the use of 2 or more systems. 3.3. Working Drawings.When proprietary wall systems are used for permanent or temporary walls,submit casting drawings,construction drawings,and design calculations bearing the seal of a licensed professional engineer for review and approval following the Department's Guide to Electronic Shop Drawing Submittal process. Upon completion of construction,submit a set of reproducible as-built drawings. 3.3.1. Casting Drawings. Include all information necessary for casting wall elements,including railing and coping when prefabricated.Show shape and dimensions of panels;size,quantity,and details of the reinforcing steel;quantity,type,size,and details of connection and lifting hardware;and additional necessary details. 3.3.2. Construction Drawings.Include a numbered panel layout showing horizontal and vertical alignment of the walls as well as the existing and proposed groundlines. Include all information needed to erect the walls, including the proposed leveling pad elevations;the type and details of the soil reinforcing system(if applicable);the details and manufacturer of all pads,fillers,and filter fabric;the limits and dimensions of structural backfill;details necessary to incorporate coping,railing,inlets,drainage,and electrical conduit;and additional necessary details. Leveling pad elevations may vary from the elevations shown on the plans. Provide at least 1 ft.of cover from the top of the leveling pad to finish grade unless a different minimum cover or a specified minimum leveling pad elevation is shown. 3.3.3. Design Calculations. Include calculations covering the range of heights and loading conditions on the project.Calculations for both internal and external stability as described on the plans will be required. Include a summary of all design parameters used;material types,strength values,and assumed allowables;loads and loading combinations;and factor-of-safety parameters. 3.4. Permanent MSE Walls.Grade the foundation for the structure level to a width equal or exceeding the length of the reinforcing system. Perform proof rolling on retaining wall foundation area to identify any loose,soft,or unsuitable materials in accordance with Item 216,"Proof Rolling."Material not meeting a maximum rut depth of 1 in.per pass of pneumatic tire roller should continue to be rolled or removed and replaced with suitable material. Pneumatic tire rolling will be waived for portions of wall with a reinforcement length of 8';for these conditions proof rolling will be required with a smooth-wheeled vibratory roller or other approved roller. Place drilled shafts and piling located within the MSE volume before construction of the wall. Place any required pipe underdrain before construction of the wall.Complete MSE wall construction before construction of abutment caps and abutment wing walls. Completion of walls and abutment should be in conjunction with project phasing or to allow for completion of walls that meets the proper placement and compaction at abutments. Place the concrete leveling pad as shown on the construction drawings.Provide a wood float finish,and wait a minimum of 24 hr.before beginning panel erection.No curing or strength testing of the leveling pad concrete is required. Shim the first row of panels as necessary to achieve correct alignment.Use plastic shims or other material that will not deteriorate.Remove and replace the leveling pad or provide a grout level-up as directed if the required shim height exceeds 1 in. Place filter fabric behind the wall along the joint between the leveling pad and the panels.Grout areas where filter fabric spans more than 6 in.at leveling pad steps. 498 423 Place and compact fill material over the leveling pad to an elevation even with or above the surrounding ground after backfilling the first row of panels.Do not allow water to accumulate and stand at the base of the wall. Place filter fabric behind all wall joints and at the intersection of retaining walls with other structures,including riprap.Cover joints at least 6 in.on each side and use adhesive to hold the filter fabric in place. Exercise care while lifting,setting,and aligning panels to prevent damage to the panels, Discontinue any operation that results in chipping,spalling,or cracking of panels. Remove and replace damaged panels,or repair as approved by the Engineer. Provide external bracing for the initial row of panels.Use wooden wedges,clamps,or other means necessary to maintain position and stability of panels during placement and compaction of backfill. Remove wooden wedges as soon as the panel or coping above the wedged element is erected and backfilled. Remove all wedges after completing the wall, Review plumbness and position of each row of panels before placing the subsequent row.Remove and rebuild any portion of the wall that is out of tolerance.Modify panel batter and bracing,and backfill material, placement,and compaction methods as required to maintain wall tolerances. Construct walls to a local vertical and horizontal alignment tolerance of 3/4 in.when measured along a 10-ft. straightedge relative to vertical and horizontal wall control line.Construct walls to an overall vertical tolerance (plumbness from top to bottom)of 1/2 in.per 10 ft.of wall height.Construct walls so the maximum offset at any panel joint is between 3/8 in.and 3/4 in.and no joint is open to the extent the filter fabric is visible from the front of the wall, Place backfill to closely follow the erection of each row of panels.Place the select and embankment backfill to the same elevation where possible,and operate the compaction equipment over the interface.Do not create a continuous,distinct,vertical joint between the select and embankment backfill. Complete the embankment after construction of the retaining wall. Maintain the stability of the interface area between the existing ground and the select fill when building a wall against existing ground.Remove and recompact any material that loosens,caves,or fails. Compact backfill to provide at least 95%of density determined in accordance with Tex-114-E.Field density determination will be made in accordance with Tex-115-E. Sprinkle backfill as required to ensure adequate uniformly distributed moisture in each lift before and during compaction.Place fill in lifts of 8 in.or less(loose measurement). Place fill in a manner that avoids segregation of the fill.Decrease the lift thickness if necessary to obtain the required compaction.Use hand- operated or walk-behind compaction equipment in the 3 ft.wide strip adjacent to the wall panels.Do not displace panels or distort or damage the reinforcement system during compaction. Modify backfill material, placement,and compaction methods as necessary to meet density requirements while maintaining wall tolerances. Place rock backfill or material the Engineer determines too coarse for density testing in accordance with Section 132.3.4.1.,"Ordinary Compaction." Place and compact the backfill to the reinforcement level,at each earth reinforcement level,before placing the reinforcement.Place earth reinforcements perpendicular to the face of the wall.Remove slack in connections before placing backfill.Pre-tension each layer of reinforcement to remove slack before placing backfill for systems using nonmetallic earth reinforcements.Use devices capable of mechanically applying and holding the required force. Do not operate tracked equipment directly on any reinforcement. Cover the rock backfill with filter fabric before placing the 2 ft.of backfill immediately below the pavement structure or top of wall when rock backfill is used.Overlap the fabric at least 18 in.at splices,and extend it past the edge of the rock backfill at least 18 in.Use backfill that contains sufficient fines to fill the voids in a 499 423 compacted state above the filter fabric.Place a horizontal layer of filter fabric as noted above when transitioning from rock backfill to finer grained backfill anywhere within the wall volume. Prevent surface water or rainwater from damaging the retaining walls during construction.Shape the backfill to prevent water from ponding or flowing on the backfill or against the wall face.Remove and replace any portion of the retaining wall damaged or moved out of tolerance by erosion,sloughing,or saturation of the retaining wall or embankment backfill. 3.5. Temporary MSE Walls. Provide a facing system rigid enough to maintain a smooth and straight wall face both during and after construction. Grade and compact the foundation for the structure as described in Section 423.3.4.,`Permanent MSE Walls." Place earth reinforcement and facing system in accordance with the approved working drawings.Backfill the 24 zone immediately behind the facing with clean,coarse rock meeting the requirements of Coarse Aggregate Grade 1,2,or 3 of Item 421,"Hydraulic Cement Concrete,"or of Type DS backfill as described in Section 423.2.4.2.,"Select."Cement-stabilized backfill as described in Section 423.2.4.4.,"Cement- Stabilized Backfill,"may be used in place of the coarse rock, Place and compact backfill in accordance with Section 423.3.4.,"Permanent MSE Walls." Construct walls to a vertical and horizontal alignment tolerance of 3 in.when measured along a 104 straightedge.Construct walls to an overall vertical tolerance(plumbness from top to bottom)of 2 in.per 10 ft. of wall height. Place adjacent facing elements so the maximum out-of-plane offset at any facing element joint is less than 1 in. Place facing elements and filter fabric with no gaps in the facing or fabric. Prevent surface water or rainwater from damaging the retaining walls during and after construction.Place temporary berms or curbs,shape the backfill,or use other approved methods to prevent water from flowing against or over the wall face.Remove and replace any portion of the wall damaged or moved out of tolerance by erosion,sloughing,or saturation of the retaining wall or embankment backfill. 3.6. Concrete Block Retaining Walls.The concrete block units may be sampled and tested by the Engineer before shipment or upon delivery to the construction site.Display for approval,samples of block units indicating the color,texture,and finish.Store,transport,and handle all block units carefully to prevent cracking or damage. Grade and compact the foundation for the structure,and place the leveling pad as described in Section 423.3.4.,'Permanent MSE Walls." Place the concrete block facing units in accordance with the approved working drawings.Fill the voids within the units and fill the 1-ft.zone immediately behind the facing with drainage aggregate as described in Section 423.2.4.3.,"Drainage Aggregate."Systems tested without unit fill may omit the fill as indicated on the approved drawings.Systems with approved filter fabric details may omit the drainage aggregate in the 1-ft. zone immediately behind the facing. Place reinforcements and backfill for walls using earth reinforcements in accordance with the requirements of Section 423.3.4.,'Permanent MSE Walls."Pay particular attention to the connection details of the earth reinforcements to the concrete block units. Construct walls to a vertical and horizontal alignment tolerance of 1-1/2 in.when measured along a 104 straightedge.Construct walls to an overall vertical tolerance(deviation from the vertical or battered control line,top to bottom)of 1 in.per 10 feet of wall height. Place adjacent facing elements so the maximum out-of- plane offset at any facing element joint is less than 1 in.Place facing elements with maximum 1/4-in.gaps between block units. 500 423 Prevent surface water or rainwater from damaging the retaining walls during construction.Shape the backfill to prevent water from ponding or flowing on the backfill or against the wall face.Remove and replace all portions of the retaining wall damaged or moved out of tolerance by erosion,sloughing,or saturation of the retaining wall or embankment backfill. 4. MEASUREMENT This Item will be measured by the square foot of the front surface area of the wall.Unless otherwise shown on the plans,the area will be measured from 1 ft.below finished grade of the ground line on the face of the exterior wall to the top of the wall including any coping required(not including railing). This is a plans quantity measurement Item.The quantity to be paid is the quantity shown in the proposal unless modified by Article 9.2.,"Plans Quantity Measurement."Additional measurements or calculations will be made if adjustments of quantities are required. 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"Retaining Walls"of the type or special surface finish specified.This price is full compensation for excavation in back of retaining walls and for footings;furnishing and placing footings,leveling pads,copings,and traffic railing foundations;furnishing,placing,and compacting backfill(except in embankment areas),including cement for stabilization;proof rolling;furnishing and placing concrete,reinforcing steel,waterproofing material,filter material and drain pipe,joint material, water stop,and filter fabric when required;fabricating,curing,and finishing all panels;furnishing and placing earth reinforcement,anchorage systems,and fasteners;wall erection;and equipment,labor,tools,and incidentals. Retaining wall backfill areas that are also in embankment areas will be considered part of the quantities measured and paid for under Item 132,"Embankment." When drilled shafts are required,they will be measured and paid for as specified in Item 416,"Drilled Shaft Foundations."When piling is required,it will be measured and paid for as specified on the plans for piling of the appropriate type. 501 432 Item 432 Riprap Texes Department of Transportation 1. DESCRIPTION Furnish and place concrete,stone,cement-stabilized,or special riprap. 2. MATERIALS Furnish materials in accordance with the following Items. ■ Item 420,"Concrete Substructures," ■ Item 421,"Hydraulic Cement Concrete," ■ Item 431,"Pneumatically Placed Concrete," ■ Item 440,"Reinforcement for Concrete,"and ■ DMS-6200,"Filter Fabric." 2.1. Concrete Riprap.Use Class B Concrete unless otherwise shown on the plans. 2.2. Pneumatically Placed Concrete Riprap.Use Class II concrete that meets Item 431,`Pneumatically Placed Concrete,"unless otherwise shown on the plans. 2.3. Stone Riprap.Use durable natural stone with a bulk specific gravity of at least 2.50 as determined by Tex-403-A unless otherwise shown on the plans.Provide stone that,when tested in accordance with Tex-411-A,has weight loss of no more than 18%after 5 cycles of magnesium sulfate solution. Perform a size verification test on the first 5,000 sq.yd.of finished riprap stone for all types of stone riprap at a location determined by the Engineer.Test the riprap stone in accordance with ASTM D5519.Additional tests may be required.Do not place additional riprap until the initial 5,000 sq.yd.of riprap has been approved, Provide grout or mortar in accordance with Item 421,"Hydraulic Cement Concrete,"when specified. Provide grout with a consistency that will flow into and fill all voids. Provide filter fabric in accordance with DMS-6200,"Filter Fabric."Provide Type 2 filter fabric for protection stone riprap unless otherwise shown on the plans.Provide Type 2 filter fabric for Type R,F,or Common stone riprap when shown on the plans. 2.3.1. Type R.Use stones between 50 and 250 lb.with at least 50%of the stones heavier than 100 lb. 2.3.2. Type F.Use stones between 50 and 250 lb.with at least 40%of the stones heavier than 100 lb.Use stones with at least 1 broad flat surface. 2.3.3. Common.Use stones between 50 and 250 lb.Use stones that are at least 3 in.in their least dimension.Use stones that are at least twice as wide as they are thick.When shown on the plans or approved,material may consist of broken concrete removed under the Contract or from other approved sources,Cut exposed reinforcement flush with all surfaces before placement of each piece of broken concrete. 2.3.4. Protection.Use boulders or quarried rock that meets the gradation requirements of Table 1. Both the width and the thickness of each piece of riprap must be at least 113 of the length.When shown on the plans or as approved,material may consist of broken concrete removed under the Contract or from other approved sources.Cut exposed reinforcement flush with all surfaces before placement of each piece of broken 539 432 concrete.Determine gradation of the finished,in-place,riprap stone under the direct supervision of the Engineer in accordance with ASTM D5519. Table 1 In-Place Protection Riprap Gradation Requirements Size Maximum Size 90%Size' 50%Size2 8%Size3 (lb.) lb. lb. Minimum lb. 12in. 200 80-180 30-75 3 15in. 320 170-300 60-165 20 18in. 530 290-475 105-220 22 21 in. 800 460-720 175-300 25 24 in. 1,000 550-850 200-325 30 30 in. 2,600 1 1,150-2,250 1 400-900 40 1. Defined as that size such that 10%of the total riprap stone,by weight,is larger and 90%is smaller. 2. Defined as that size such that 50%of the total riprap stone,by weight,is larger and 50%is smaller. 3. Defined as that size such that 92%of the total riprap stone,by weight,is larger and 8%is smaller. The Engineer may require in-place verification of the stone size.Determine the in-place size of the riprap stone by taking linear transects along the riprap and measuring the intermediate axis of the stone at select intervals.Place a tape measure along the riprap and determine the intermediate axis size of the stone at 2 ft. intervals.Measure a minimum of 100 stones,either in a single transect or in multiple transects,then follow ASTM D5519 Test Procedure Part B to determine the gradation.Table 2 is a guide for comparing the stone size in inches to the stone weight shown in Table 1. Table 2 Protection Riprap Stone Size' Dmax D90 D50 D8 Size in. in. in. in. 12 in. 13.76 10.14-13.29 7.31-9.92 3.39 15 in. 16.10 13.04-15.75 9.21-12.91 6.39 18 in. 19.04 15.58-18.36 11.10-14.21 6.59 21 in. 21.85 18.17-21.09 13.16-15.75 6.88 24 in. 23.53 19.28-22.29 13.76-16.18 7.31 30 in. 32.36 24.65-30.84 1 17.34-22.72 8.05 1. Based on a Specific Gravity of 2.5 and using the following equation for the intermediate axis diameter D={(12*W)I(Gs*62.4*0.85))1/3 where: D=intermediate axis diameter in in.; W=weight of stone in lbs.; Gs=Specific Gravity of stone. Note—If the Specific Gravity of the stone is different than 2.5,then the above equation can be used to determine the appropriate size using the actual Specific Gravity. If required,provide bedding stone that,in-place,meets the gradation requirements shown in Table 3 or as otherwise shown on the plans. Determine the size distribution in Table 3 in accordance with ASTM D6913, Table 3 Protection Riprap Bedding Material Gradation Requirements Sieve Size (Sq.Mesh %by Weight Passing 3" 100 1-1/2" 50-80 3/4" 20-60 #4 0-15 #10 0-5 2.4. Cement-Stabilized Riprap.Provide aggregate that meets Item 247,"Flexible Base,"for the type and grade shown on the plans.Use cement-stabilized riprap with 7%hydraulic cement by dry weight of the aggregate. 2.5. Special Riprap. Furnish materials for special riprap according to the plans. 540 432 3. CONSTRUCTION Dress slopes and protected areas to the line and grade shown on the plans before the placement of riprap. Place riprap and toe walls according to details and dimensions shown on the plans or as directed. 3.1. Concrete Riprap.Reinforce concrete riprap with 6 X 6—W2.9 x W2.9 welded wire fabric or with No.3 or No.4 reinforcing bars spaced at a maximum of 18 in.in each direction unless otherwise shown,Alternative styles of welded wire fabric that provide at least 0.058 sq.in.of steel per foot in both directions may be used if approved.A combination of welded wire fabric and reinforcing bars may be provided when both are permitted.Provide a minimum 6-in,lap at all splices.Provide horizontal cover of at least 1 in.and no more than 3 in.at the edge of the riprap.Place the first parallel bar no more than 6 in.from the edge of concrete, Use approved supports to hold the reinforcement approximately equidistant from the top and bottom surface of the slab.Adjust reinforcement during concrete placement to maintain correct position. Sprinkle or sprinkle and consolidate the subgrade before the concrete is placed as directed.All surfaces must be moist when concrete is placed. Compact and shape the concrete once it has been placed to conform to the dimensions shown on the plans. Finish the surface with a wood float after it has set sufficiently to avoid slumping to secure a smooth surface or broom finish as approved. Cure the riprap immediately after the finishing operation according to Item 420,"Concrete Substructures." 3.2. Stone Riprap.Provide the following types of stone riprap when shown on the plans: ■ Dry Riprap.Stone riprap with voids filled with only spalls or small stones. ■ Grouted Riprap.Type R,F,or Common stone riprap with voids grouted after all the stones are in place. ■ Mortared Riprap.Type F stone riprap laid and mortared as each stone is placed. Use spalls and small stones lighter than 25 lb.to fill open joints and voids in stone riprap,and place to a tight fit. Place mortar or grout only when the air temperature is above 35°F.Protect work from rapid drying for at least 3 days after placement. Place filter fabric with the length running up and down the slope unless otherwise approved.Ensure fabric has a minimum overlap of 2 ft.Secure fabric with nails or pins. Use nails at least 2 in.long with washers or U-shaped pins with legs at least 9 in.long.Space nails or pins at a maximum of 10 ft.in each direction and 5 ft.along the seams.Alternative anchorage and spacing may be used when approved. 3.2.1. Type R.Construct riprap as shown in Figure 1 on the Stone Riprap Standard and as shown on the plans. Place stones in a single layer with close joints so most of their weight is carried by the earth and not the adjacent stones. Place the upright axis of the stones at an angle of approximately 90'to the embankment slope.Place each course from the bottom of the embankment upward with the larger stones in the lower courses. Fill open joints between stones with spalls.Place stones to create a uniform finished top surface.Do not exceed a 6-in,variation between the tops of adjacent stones.Replace,embed deeper,or chip away stones that project more than the allowable amount above the finished surface. Prevent earth,sand,or foreign material from filling the spaces between the stones when the plans require Type R stone riprap to be grouted.Wet the stones thoroughly after they are in place,fill the spaces between the stones with grout,and pack.Sweep the surface of the riprap with a stiff broom after grouting. 541 432 3.2.2. Type F. 3.2.2.1. Dry Placement.Construct riprap as shown in Figure 2 on the Stone Riprap Standard.Set the flat surface on a prepared horizontal earth bed,and overlap the underlying course to secure a lapped surface. Place the large stones first,roughly arranged in close contact.Fill the spaces between the large stones with suitably sized stones placed to leave the surface evenly stepped and conforming to the contour required.Place stone to drain water down the face of the slope. 3.2.2.2. Grouting.Construct riprap as shown in Figure 3 on the Stone Riprap Standard.Size,shape,and lay large flat-surfaced stones to produce an even surface with minimal voids.Place stones with the flat surface facing upward parallel to the slope.Place the largest stones near the base of the slope. Fill spaces between the larger stones with stones of suitable size,leaving the surface smooth,tight,and conforming to the contour required.Place the stones to create a plane surface with a variation no more than 6 in.in 10 ft.from true plane.Provide the same degree of accuracy for warped and curved surfaces.Prevent earth,sand,or foreign material from filling the spaces between the stones.Wet the stones thoroughly after they are in place,fill the spaces between them with grout,and pack.Sweep the surface with a stiff broom after grouting. 3.2.2.3. Mortaring.Construct riprap as shown in Figure 2 on the Stone Riprap Standard. Lap courses as described for dry placement.Wet the stones thoroughly before placing mortar.Bed the larger stones in fresh mortar as they are being place and shove adjacent stones into contact with one another.Spread excess mortar forced out during placement of the stones uniformly over them to fill all voids completely. Point up all joints roughly either with flush joints or shallow,smooth-raked joints as directed. 3.2.3. Common.Construct riprap as shown in Figure 4 on the Stone Riprap Standard.Place stones on a bed excavated for the base course.Bed the base course of stone well into the ground with the edges in contact. Bed and place each succeeding course in even contact with the preceding course.Use spalls and small stones to fill any open joints and voids in the riprap.Ensure the finished surface presents an even,tight surface,true to the line and grades of the typical sections. Prevent earth,sand,or foreign material from filling the spaces between the stones when the plans require grouting common stone riprap.Wet the stones thoroughly after they are in place;fill the spaces between them with grout;and pack.Sweep the surface with a stiff broom after grouting, 3.2.4. Protection.Construct riprap as shown in Figure 5 on the Stone Riprap Standard. Place riprap stone on the slopes within the limits shown on the plans.Place stone for riprap on the filter fabric to produce a reasonably well-graded mass of riprap with the minimum practicable percentage of voids.Construct the riprap to the lines and grades shown on the plans or staked in the field.A tolerance of+6 in.and-0 in.from the slope line and grades shown on the plans is allowed in the finished surface of the riprap. Place riprap to its full thickness in a single operation.Avoid displacing the filter fabric.Ensure the entire mass of stones in their final position is free from objectionable pockets of small stones and clusters of larger stones.Do not place riprap in layers,and do not place it by dumping it into chutes,dumping it from the top of the slope,pushing it from the top of the slope,or any method likely to cause segregation of the various sizes.Obtain the desired distribution of the various sizes of stones throughout the mass by selective loading of material at the quarry or other source or by other methods of placement that will produce the specified results. Rearrange individual stones by mechanical equipment or by hand if necessary to obtain a reasonably well-graded distribution of stone sizes.Use the bedding thickness shown and place stone for riprap on the bedding material to produce a reasonably well-graded mass of riprap with the minimum practicable percentage of voids if required on the plans. 3.3. Pneumatically Placed Concrete Riprap,Class II.Meet Item 431,`Pneumatically Placed Concrete." Provide reinforcement following the details on the plans and Item 440,'Reinforcement for Concrete."Support reinforcement with approved supports throughout placement of concrete. Give the surface a wood-float finish or a gun finish as directed.Cure the riprap with membrane-curing compound immediately after the finishing operation in accordance with Item 420,"Concrete Substructures." 542 432 3.4. Cement-Stabilized Riprap.Follow the requirements of the plans and the provisions for concrete riprap except when reinforcement is not required.The Engineer will approve the design and mixing of the cement- stabilized riprap. 3.5. Special Riprap,Construct special riprap according to the plans. 4. MEASUREMENT This Item will be measured by the cubic yard of material complete in place.Volume will be computed on the basis of the measured area in place and the thickness and toe wall width shown on the plans. If required on the plans,the pay quantity of the bedding material for stone riprap for protection to be paid for will be measured by the cubic yard as computed from the measured area in place and the bedding thickness shown on the plans. 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"Riprap"of the type,thickness,and void-filling technique(Dry,Grout,Mortar)specified,as applicable.This price is full compensation for furnishing,hauling, and placing riprap and for filter fabric,expansion joint material,concrete and reinforcing steel,grout and mortar,scales,test weights,equipment,labor,tools,and incidentals. Payment for excavation of toe wall trenches,for all necessary excavation below natural ground or bottom of excavated channel,and for shaping of slopes for riprap will be included in the unit price bid per cubic yard of riprap. When bedding is required for protection stone riprap,payment will be made at the unit price for"Bedding Material'of the thickness specified.This price is full compensation for furnishing,hauling,placing,and maintaining the bedding material until placement of the riprap cover is completed and accepted;excavation required for placement of bedding material;and equipment,scales,test weights,labor,tools,and incidentals. No payment will be made for excess thickness of bedding nor for material required to replace embankment material lost by rain wash,wind erosion,or otherwise. 543 450 Item 450 Railing Texas Department of Transportation 1. DESCRIPTION Construct railing of concrete,steel,aluminum,or a combination of these materials,including necessary anchorage for the railing on bridges,culverts,walls,or other structures as shown on the plans. 2. MATERIALS Use materials that conform to requirements of the following Items. ■ Item 421,"Hydraulic Cement Concrete," ■ Item 440,"Reinforcement for Concrete," ■ Item 441,"Steel Structures," ■ Item 442,"Metal for Structures," ■ Item 445,"Galvanizing,"and ■ Item 540,"Metal Beam Guard Fence." Provide an approved Type III,Class C epoxy or an epoxy of the type and class stated on the plans where epoxy anchors are allowed or required for installing drilled and epoxied rail anchorage reinforcement or rail anchor bolts in accordance with DMS-6100,"Epoxies and Adhesives."Use other materials if shown on the plans. Provide only dual cartridge epoxy systems mixed with a static mixing nozzle supplied by the epoxy adhesive manufacturer and dispensed with a tool supplied by the epoxy adhesive manufacturer.Do not use bulk epoxies.Drill and install anchorage reinforcement or anchor bolts to the embedment depth shown on the plans or the depth the manufacturer recommends,whichever is deeper.No additional payment will be made for providing embedment deeper than shown on the plans.Select an embedment depth capable of developing the yield strength of the steel anchor based on the product literature for the epoxy and steel anchor being used if no resistance or embedment depth is specified on the plans.Use 60 ksi as the yield strength for reinforcing steel. 3. CONSTRUCTION Construct railing in accordance with details,alignment,and grade designated on the plans.Do not place railing until falsework or formwork,if any,for the span has been released unless otherwise directed.Adhere to the schedule restrictions for Placing Bridge Rails and Opening to Construction Traffic in Item 422, "Concrete Superstructures,"Notify the Engineer after completion of the following steps and obtain approval of work before proceeding to the next step:placing rail reinforcement and pre-pour clear cover checks. Ensure expansion joints in the railing will function properly before placing concrete. Furnish either steel or aluminum,but not both,for the entire Contract if the plans allow either steel or aluminum options for a particular railing type. Install epoxy adhesive anchorages in accordance with the manufacturer's instructions including hole size, drilling equipment and method,hole cleaning equipment and method,mixing and dispensing epoxy,and anchor insertion.Do not alter the manufacturer's mixing nozzle or dispenser.Anchorage bars or bolts must be clean and free of grease,oil,or any other foreign material.Demonstrate hole cleaning method to the Engineer for approval and continue the approved process for all anchorage locations.Do not weld to an anchor bar or anchor bolt that is anchored with epoxy adhesive. Do not expose rail to traffic until epoxy adhesive has obtained full cure in accordance with manufacturer's specifications. 624 450 3.1. Metal Railing. 3.1.1. General. Furnish metal beam rail elements in accordance with Item 540,"Metal Beam Guard Fence." Fabricate and erect metal railing according to the pertinent provisions of Item 441,"Steel Structures,"and the requirements of this Item. Prepare and submit for approval the required shop or erection drawings in accordance with Item 441,"Steel Structures,"when the plans require,Show all splice locations and details on the shop or erection drawings. Splice members only as provided on the plans. Field-weld when required in accordance with Item 448,"Structural Field Welding." 3.1.2. Fabrication. Fabricate metal railing and post panels in sections conforming to the details shown on the plans and field-verified lines and grades.Fabricate adjacent sections so they will accurately engage each other in the field.Match-mark each pair of sections so they can be erected in the same position they were fabricated. Fabricate metal rail elements included as part of the railing system to the dimensions and cross-sections shown on the plans and within a tolerance of 1/4 in.per 10 feet in the straightness of either edge.Joint and connect metal rail elements to the rail posts as shown on the plans,lapping metal rail elements in the direction of traffic in the adjacent lane.Bolts and nuts for metal railing should meet requirements of ASTM A307 and be galvanized in accordance with Item 445,"Galvanizing,"unless otherwise shown on the plans. Fabricate aluminum in accordance with AWS D1.2. Heat aluminum materials other than castings to a temperature up to 4007 for no more than 30 min.to facilitate bending or straightening. 3.1.3. Castings.Provide permanent mold castings of the materials specified that are true to pattern in form and dimensions and of uniform quality and condition.Castings must be free from cracks and defects such as blowholes,porosity,hard-spots,or shrinkage that could affect their suitability for use.Repair minor defects in aluminum castings by an approved inert gas-welding process. Ensure finished castings are free of burrs,fins, discoloration,and mold marks and that they have a uniform appearance and texture. Produce castings under radiographic control sufficient to establish and verify a product free from harmful internal defects.Heat-treat the entire lot of castings to the specified temper when required. Permanently mark the heat or lot number on the web or top of the base of all castings.Furnish mill test reports showing the heat or lot number,chemical composition,tensile strength,elongation,and number of pieces for each casting heat or lot.For aluminum castings,a heat or lot should consist of at least 1,000 lb.of trimmed castings when produced from batch type furnaces,or 2,000 lb.when produced from a continuous furnace during a period of no more than 8 consecutive hours.Furnish the entire number of acceptable posts cast from each heat or lot except when a portion is required to complete a project. 3.1.4. Corrosion Protection.Galvanize all portions of steel railing after fabrication in accordance with Item 445, "Galvanizing,"unless otherwise noted on the plans.Apply appearance coat to galvanized surface in accordance with Item 445,"Galvanizing,"when shown on the plans.When painting is specified in place of galvanizing,shop paint steel in accordance with Item 441,"Steel Structures."Repair any damage to galvanized or painted surfaces after erection in accordance with Items 445,"Galvanizing,"and Item 446, "Field Cleaning and Painting Steel,"respectively. Before final acceptance,clean surfaces of aluminum and galvanized steel railing not shown to be painted to remove extrusion marks,grease,dirt,and all other surface contaminants. 625 450 3.1.5. Storage.Store railing materials above the ground on platforms,skids,or other supports,and keep them free from grease,dirt,and contact with dissimilar metals.Avoid scratching,marring,denting,discoloring,or otherwise damaging the railing. 3.2. Concrete Railing.Provide concrete portions of railing in accordance with the requirements of Item 420, "Concrete Substructures,"and Item 422,"Concrete Superstructures."Construct forms so the railing line and grade can be checked after the concrete has been placed but before initial set.Do not disturb the form alignment during finish floating of the railing tops.Exercise particular care in other construction to avoid disturbing or vibrating the span with the newly placed railing. Provide precast members conforming to Item 424,"Precast Concrete Structural Members(Fabrication)." Slipform construction of railing is permitted unless otherwise shown on the plans.Demonstrate slipforming method showing line and grade of concrete surfaces can be consistently obtained and clear cover outside reinforcing steel be maintained at all times.Stop slipforming railing if specified concrete clear cover is not obtained or appearance of rail is off line and grade. Do not slipform railing with cast-in-place anchor bolts unless noted otherwise. Provide additional reinforcing as needed to prevent movement of the reinforcement cage.Clear cover and epoxy coating requirements for additional reinforcement are the same as shown for the rail reinforcement. The rail reinforcing cage may be tack welded to the rail anchorage reinforcement provided the rail and anchorage reinforcement are not epoxy coated and weld locations measured along the rail are no closer than 3 ft.Tie all bar intersections if epoxy coated reinforcement is required for the railing proposed to be slipformed. Provide a wire line to maintain vertical and horizontal alignment of the slipform machine.Attach a grade line gauge or pointer to the machine so a continuous comparison can be made between the rail being placed and the established grade line.Rails or supports at the required grade are allowed instead of sensor controls.Make one or more passes with the slipform over the rail segment to ensure proper operation and maintenance of grades and clearances before placing concrete.Provide slipformed rail within a vertical and horizontal alignment tolerance of±1/4 in.per 10 feet.Construct rail with a smooth and uniform appearance. Consolidate concrete so it is free of honeycomb.Provide concrete with a consistency that will maintain the shape of the rail without support. Minimize starting and stopping of the slipform operation by ensuring a continuous supply of concrete. Do not exceed the manufacturer's recommended speed for the slipform machine.Stop slipforming and take remedial action if slipforming causes movement of the reinforcement such that plan clearances are not achieved.Remove and replace unsatisfactory slipformed rail at the Contractor's expense. 3.3. Tests.The Engineer will sample cast aluminum posts for testing in accordance with Tex-731-1 to verify the material requirements of Item 442,"Metal for Structures."Metal beam rail elements may be sampled in accordance with Tex-713-1.The Engineer may sample bolts and nuts in accordance with Tex-708-1 for galvanized coating testing. The Engineer will select 3 anchor bars or bolts from the first day's production to be tested after the epoxy has cured.Test the bars or bolts in the presence of the Engineer in accordance with ASTM E1512,using a restrained test,to evaluate the epoxy adhesive's bond strength.Verify the anchor bars or bolts develop the required pullout resistance on the plans or 75%of the yield strength of the bars or bolts,whichever is less, without a bond failure of the epoxy,The Engineer may require additional tests during production.Perform corrective measures to provide adequate capacity if any of the tests do not meet the required test load. Repair damage from testing. 4. MEASUREMENT This Item will be measured by the foot. 626 450 This is a plans quantity measurement Item.The quantity to be paid for is the quantity shown in the proposal except as modified by Article 9.2.,"Plans Quantity Measurement."Additional measurements or calculations will be made if adjustments of quantities are required. 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"Railing"of the type specified.This price will be full compensation for furnishing,preparing,and placing concrete,expansion joint material,reinforcing steel, structural steel,aluminum,cast steel,pipe,anchor bolts or bars,testing of epoxy anchors,and all other materials required in the finished railing;removal and disposal of salvageable materials;and hardware,paint and painting of metal railing,galvanizing,equipment,labor,tools,and incidentals. 627 464 Item 464 Reinforced Concrete Pipe Texas Department of Transportation 1. DESCRIPTION Furnish and install reinforced concrete pipe,materials for precast concrete pipe culverts,or precast concrete storm drain mains,laterals,stubs,and inlet leads. 2. MATERIALS 2.1. Fabrication.Fabrication plants must be approved by the Construction Division in accordance with DMS-7310,"Reinforced Concrete Pipe and Machine-Made Precast Concrete Box Culvert Fabrication and Plant Qualification,"before furnishing precast reinforced concrete pipe for Department projects.The Department's MPL has a list of approved reinforced concrete pipe plants. Furnish material and fabricate reinforced concrete pipe in accordance with DMS-7310,"Reinforced Concrete Pipe and Machine-Made Precast Concrete Box Culvert Fabrication and Plant Qualification." 2.2. Design. 2.2.1. General.The class and D-load equivalents are shown in Table 1. Furnish arch pipe in accordance with ASTM C506 and the dimensions shown in Table 2.Furnish horizontal elliptical pipe in accordance with ASTM C507 and the dimensions shown in Table 3.For arch pipe and horizontal elliptical pipe the minimum height of cover required is 1 ft. Table 1 Circular Pipe ASTM C76&ASTM C655 Class D-Load 1 800 II 1,000 III 1,350 IV 2,000 V 3,000 Table 2 Arch Pipe Design Equivalent Rise Span Size Diameter in. in. in. 1 18 13-1/2 22 2 21 15-1/2 26 3 24 18 28-1/2 4 30 22-1/2 36-1/4 5 36 26-5/8 43-3/4 6 42 31-5/16 51-1/8 7 48 36 58-1/2 8 54 40 65 9 60 45 73 10 72 54 88 654 464 Table 3 Horizontal Elliptical Pipe Design Equivalent Rise Span Size Diameter in. in. in. 1 18 14 23 2 24 19 30 3 27 22 34 4 30 24 38 5 33 27 42 6 36 29 45 7 39 32 49 8 42 34 53 9 48 38 60 10 54 43 68 2.2.2. Jacking,Boring,or Tunneling.Design pipe for jacking,boring,or tunneling considering the specific installation conditions such as the soil conditions, installation methods,anticipated deflection angles,and jacking stresses. Provide design notes and drawings signed and sealed by a Texas licensed professional engineer when requested. 2.3. Marking.Furnish each section of reinforced concrete pipe marked with the following information specified in DMS-7310,"Reinforced Concrete Pipe and Machine-Made Precast Concrete Box Culvert Fabrication and Plant Qualification." ■ class or D-load of pipe, ■ ASTM designation, ■ date of manufacture, ■ pipe size, ■ name or trademark of fabricator and plant location, ■ designated fabricator's approval stamp, ■ pipe to be used for jacking and boring(when applicable),and ■ designation"SR"for pipe meeting sulfate-resistant concrete plan requirements(when applicable). Clearly mark 1 end of each section during the process of manufacture or immediately thereafter for pipe with elliptical reinforcement.Mark the pipe on the inside and outside of opposite walls to show the location of the top or bottom of the pipe as it should be installed unless the external shape of the pipe is such that the correct position of the top and bottom is obvious. Mark the pipe section by indenting or painting with waterproof paint. 2.4. Inspection.Provide access for inspection of the finished pipe at the project site before and during installation. 2.5. Causes for Rejection. Individual section of pipe may be rejected for any of the conditions stated in the Annex of DMS-7310,"Reinforced Concrete Pipe and Machine-Made Precast Concrete Box Culvert Fabrication and Plant Qualification." 2.6. Repairs.Make repairs if necessary as stated in the Annex of DMS-7310,"Reinforced Concrete Pipe and Machine-Made Precast Concrete Box Culvert Fabrication and Plant Qualification." 2.7. Jointing Materials.Use any of the following materials for the making of joints unless otherwise shown on the plans.Furnish a manufacturer's certificate of compliance for all jointing materials except mortar. 2.7.1. Mortar.Provide mortar for joints that meets the requirements of Section 464.3.3.,"Jointing." 2.7.2. Cold•Applied,Plastic Asphalt Sewer Joint Compound.Provide a material that consists of natural or processed asphalt base,suitable volatile solvents,and inert filler.Ensure the consistency is such that the ends of the pipe can be coated with a layer of the compound up to 112 in.thick by means of a trowel. Provide 655 464 a joint compound that cures to a firm,stiff plastic condition after application.Provide a material of a uniform mixture.Stir any small separation found in the container into a uniform mix before using. Provide a material that meets the requirements of Table 4 when tested in accordance with Tex-526-C. Table 4 Cold-Applied,Plastic Asphalt Sewer Joint Compound Material Requirements Composition Analysis Asphalt base,100%-%volatiles-%ash,%by weight 28-45 Volatiles,2127 evaporation,24 hr.,%by weight 10-26 Mineral matter,determined as ash,%by weight 30-55 Consistency,cone penetration,150 q,5 sec.,77°F 150-275 2.7.3. Rubber Gaskets. Provide gaskets that conform to ASTM C1619 Class A or C.Meet the requirements of ASTM C443 for design of the pipe joints and permissible variations in dimensions. 2.7.4. Pre-Formed Flexible Joint Sealants.Pre-formed flexible joint sealants may be used for sealing joints of tongue-and-groove concrete pipe.Provide flexible joint sealants that meet the requirements of ASTM C990. Use flexible joint sealants that do not depend on oxidizing,evaporating,or chemical action for its adhesive or cohesive strength.Supply in extruded rope form of suitable cross-section.Provide a size of the pre-formed flexible joint sealant in accordance with the manufacturer's recommendations and large enough to properly seal the joint.Protect flexible joint sealants with a suitable wrapper able to maintain the integrity of the jointing material when the wrapper is removed. 3. CONSTRUCTION 3.1. Excavation,Shaping,Bedding,and Backfill.Excavate,shape,bed,and backfill in accordance with Item 400,"Excavation and Backfill for Structures,"except where jacking,boring,or tunneling methods are permitted.Jack,bore,or tunnel the pipe in accordance with Item 476,"Jacking,Boring,or Tunneling Pipe or Box."Immediate backfilling is permitted if joints consist of materials other than mortar.Take special precautions in placing and compacting the backfill to avoid any movement of the pipe or damage to the joints.Do not use heavy earth-moving equipment to haul over the structure until a minimum of 4 ft.of permanent or temporary compacted fill has been placed over the structure unless otherwise shown on the plans or permitted in writing.Remove and replace pipe damaged by the Contractor at no expense to the Department. 3.2. Laying Pipe.Start the laying of pipe on the bedding at the outlet end with the spigot or tongue end pointing downstream,and proceed toward the inlet end with the abutting sections properly matched,true to the established lines and grades unless otherwise authorized.Fit,match,and lay the pipe to form a smooth, uniform conduit.Cut cross trenches in the foundation to allow the barrel of the pipe to rest firmly upon the bedding where bell-and-spigot pipe is used.Cut cross trenches no more than 2 in.larger than the bell ends of the pipe.Lower sections of pipe into the trench without damaging the pipe or disturbing the bedding and the sides of the trench.Carefully clean the ends of the pipe before the pipe is placed. Prevent the earth or bedding material from entering the pipe as it is laid.Lay the pipe in the trench,when elliptical pipe with circular reinforcing or circular pipe with elliptical reinforcing is used,so the markings for the top or bottom are not more than 5°from the vertical plane through the longitudinal axis of the pipe.Remove and re-lay,without extra compensation,pipe that is not in alignment or shows excessive settlement after laying. Lay multiple lines of reinforced concrete pipe with the centerlines of the individual barrels parallel.Use the clear distances between outer surfaces of adjacent pipes shown in Table 5 unless otherwise shown on the plans. Use the equivalent diameter from Table 2 or Table 3 for arch pipe or horizontal elliptical pipe to determine the clear distance requirement in Table 5. 656 464 Table 5 Minimum Clear Distance between Pipes Equivalent Diameter Min Clear Distance 18 in. 9 in. 24 in. 11 in. 30 in. 1 ft.1 in. 36 in. 1 ft.3 in. 42 in. 1 ft.5 in. 48 in. 1 ft.7 in. 54 in. 1 ft.11 in. 60 to 84 in. 2 ft. 3.3. Jointing.Make available an appropriate rolling device similar to an automobile mechanic's"creeper"for conveyance through small-size pipe structures. 3.3.1. Joints Sealed with Hydraulic Cement Mortar. Use Type S mortar meeting the requirements of ASTM C270. Clean and wet the pipe ends before making the joint. Plaster the lower half of the bell or groove and the upper half of the tongue or spigot with mortar.Pack mortar into the joint from both inside and outside the pipe after the pipes are tightly jointed.Finish the inside smooth and flush with adjacent joints of pipe. Form a bead of semicircular cross-section over tongue-and-groove joints outside the pipe,extending at least 1 in.on each side of the joint.Form the mortar for bell-and-spigot joints to a 45'fillet between the outer edge of the bell and the spigot.Cure mortar joints by keeping the joints wet for at least 48 hr.or until the backfill has been completed,whichever comes first.Place fill or backfill once the mortar jointing material has cured for at least 6 hr.Conduct jointing only when the atmospheric temperature is above 407.Protect mortared joints against freezing by backfilling or other approved methods for at least 24 hr, Driveway culverts do not require mortar banding on the outside of the pipe. Furnish pipes,with approval,that are large enough for a person to enter with the groove between 1/2 in.and 3/4 in.longer than the tongue.Such pipe may be laid and backfilled without mortar joints.Clean the space on the interior of the pipe between the end of the tongue and the groove of all foreign material,thoroughly wet and fill with mortar around the entire circumference of the pipe,and finish flush after the backfilling has been completed. 3.3.2. Joints Using Cold-Applied,Plastic Asphalt Sewer Joint Compound.Ensure both ends of the pipes are clean and dry.Trowel or otherwise place a 1/2—in.thick layer of the compound in the groove end of the pipe covering at least 2/3 of the joint face around the entire circumference,Shove home the tongue end of the next pipe with enough pressure to make a tight joint.Remove any excess mastic projecting into the pipe after the joint is made.Backfill after the joint has been inspected and approved. 3.3.3. Joints Using Rubber Gaskets.Make the joint assembly according to the recommendations of the gasket manufacturer.Make joints watertight when using rubber gaskets.Backfill after the joint has been inspected and approved. 3.3.4. Joints Using Pre-Formed Flexible Joint Sealants. Install pre-formed flexible joint sealants in accordance with the manufacturer's recommendations.Place the joint sealer so no dirt or other deleterious materials come in contact with the joint sealing material.Pull or push home the pipe with enough force to properly seal the joint. Remove any joint material pushed out into the interior of the pipe that would tend to obstruct the flow.Store pre-formed flexible joint sealants in an area warmed naturally or artificially to above 70°F in an approved manner when the atmospheric temperature is below 607.Apply flexible joint sealants to pipe joints immediately before placing pipe in trench,and connect pipe to previously laid pipe. Backfill after the joint has been inspected and approved. 3.4. Connections and Stub Ends. Make connections of concrete pipe to existing pipes,pipe storm drains,or storm drain appurtenances as shown on the plans. Mortar or concrete the bottom of existing structures if necessary to eliminate any drainage pockets created by the connections.Repair any damage to the existing structure resulting from making the connections. 657 464 Make connections between concrete pipe and corrugated metal pipe with a suitable concrete collar and a minimum thickness of 4 in.unless otherwise shown on the plans. Finish stub ends for connections to future work not shown on the plans by installing watertight plugs into the free end of the pipe, Fill lift holes with concrete,mortar,or precast concrete plugs after the pipe is in place. 4. MEASUREMENT This Item will be measured by the foot, Measurement will be made between the ends of the pipe barrel along the flow line,not including safety end treatments.Safety end treatments will be measured in accordance with Item 467,"Safety End Treatment."Pipe that will be jacked,bored,or tunneled will be measured in accordance with Item 476,"Jacking,Boring,or Tunneling Pipe or Box."Measurement of spurs,branches,or new connecting pipe will be made from the intersection of the flow line with the outside surface of the pipe into which it connects.Where inlets,headwalls,catch basins,manholes,junction chambers,or other structures are included in lines of pipe,the length of pipe tying into the structure wall will be included for measurement,but no other portion of the structure length or width will be included. For multiple pipes,the measured length will be the sum of the lengths of the barrels. This is a plans quantity measurement Item.The quantity to be paid is the quantity shown in the proposal unless modified by Article 92,"Plans Quantity Measurement."Additional measurements or calculations will be made if adjustments of quantities are required. 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"Reinforced Concrete Pipe,""Reinforced Concrete Pipe(Arch),"or"Reinforced Concrete Pipe(Elliptical)"of the size and D-load specified or of the size and class specified.This price is full compensation for constructing,furnishing,transporting,placing,and joining pipes;shaping the bed;cutting pipes on skew or slope;connecting to new or existing structures;breaking back,removing,and disposing of portions of the existing structure;replacing portions of the existing structure;cutting pipe ends on skew or slope;and equipment,labor,tools,and incidentals. Protection methods for excavations greater than 5 ft.deep will be measured and paid for as required under Item 402,"Trench Excavation Protection,"or Item 403,"Temporary Special Shoring."Excavation,shaping, bedding,and backfill will be paid for in accordance with Item 400,"Excavation and Backfill for Structures." When jacking,boring,or tunneling is used at the Contractor's option,payment will be made under this Item. When jacking,boring or tunneling is required,payment will be made under Item 476,"Jacking,Boring or Tunneling Pipe or Box." 658 466 Item 466 Headwalls and Wingwalls Texan ,Department of Transportation 1. DESCRIPTION Furnish,construct,and install concrete headwalls and wingwalls for drainage structures and underpasses. 2. MATERIALS 2.1. General.Furnish materials in accordance with the following. ■ Item 420,"Concrete Substructures," ■ Item 421,"Hydraulic Cement Concrete,"and ■ Item 440,"Reinforcement for Concrete." Use Class C concrete for cast-in-place and precast concrete units unless otherwise shown on the plans. Furnish cast-in-place or precast headwalls and wingwalls unless otherwise shown on the plans. 2.2. Fabrication. 2.2.1. General.Fabricate cast-in-place concrete units and precast units in accordance with Item 420"Concrete Substructures."Use the following definitions for headwalls and wingwalls: ■ "Headwalls"refers to all walls,including wings,at the ends of single-barrel and multiple-barrel pipe culvert structures. ■ "Wingwalls"refers to all walls at the ends of single-barrel or multiple-barrel box culvert structures. 2.2.2. Lifting Holes.Provide no more than 4 lifting holes in each section for precast units.Lifting holes may be cast,cut into fresh concrete after form removal,or drilled.Provide lifting holes large enough for adequate lifting devices based on the size and weight of the section.The maximum hole diameter is 3 in.at the inside surface of the wall and 4 in.at the outside surface.Cut no more than 1 longitudinal wire or 2 circumferential wires per layer of reinforcing steel when locating lift holes.Repair spalled areas around lifting holes. 2.2.3. Marking.Clearly mark each precast unit before shipment from the casting or fabrication yard with the following: ■ the date of manufacture, ■ the name or trademark of the manufacturer,and ■ the type and size designation, 2.2.4. Storage and Shipment,Store precast units on a level surface.Do not place any loads on precast concrete units until design strength is reached.Do not ship units until design strength requirements have been met. 2.2.5. Causes for Rejection.Precast units may be rejected for not meeting any one of the specification requirements. Individual units may also be rejected for fractures or cracks passing through the wall or surface defects indicating honeycombed or open texture surfaces.Remove rejected units from the project,and replace them with acceptable units meeting the requirements of this Item. 2.2.6. Defects and Repairs.Occasional imperfections in manufacture or accidental damage sustained during handling may be repaired.The repaired units will be acceptable if they conform to the requirements of this Item and the repairs are sound,properly finished,and cured in conformance with pertinent specifications, 663 466 3. CONSTRUCTION 3.1. General.Remove portions of existing structures and drill,dowel,and grout in accordance with Item 420, "Concrete Substructures." 3.2. Excavation,Shaping,Bedding,and Backfill.Excavate,shape,bed,and backfill in accordance with Item 400,"Excavation and Backfill for Structures."Take special precautions in placing and compacting the backfill to avoid any movement or damage to the units. Bed precast units on foundations of firm and stable material accurately shaped to conform to the bases of the units. 3.3. Placement of Precast Units.Provide adequate means to lift and place the precast units.Fill lifting holes with mortar or concrete and cure.Precast concrete or mortar plugs may be used. 3.4. Connections.Make connections to new or existing structures in accordance with the details shown on the plans.Furnish jointing material in accordance with Item 464,`Reinforced Concrete Pipe,"or as shown on the plans, Remove a length of the existing pipe from the headwall to the joint when removing existing headwalls as shown on the plans or as approved. Re-lay the removed pipe if approved,or furnish and lay a length of new pipe. 4. MEASUREMENT This is a plans quantity measurement item.The quantity to be paid is the quantity shown in the proposal unless modified by Article 9.2.,'Plans Quantity Measurement."Additional measurements or calculations will be made if adjustments of quantities are required. 4.1. Headwalls.Headwalls will be measured by each end of a structure. 4.2. Wingwalls.Wingwalls will be measured by one of the following methods: 4.2.1. Square Foot.Wingwalls will be measured by the square foot of the front surface area of the wall of each type.The area will be measured from the top of the footing or apron to the top of the wall unless otherwise shown on the plans. If there is no footing or apron,then measurement is from the bottom of the wall. 4.2.2. Each.Wingwalls will be measured by each end of a structure. 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 price bid for"Headwalls"of the type and pipe size(diameter or design) specified,"Wingwalls"of the type specified when measurement is by the square foot,or"Wingwalls"of the type and wall height specified when measurement is by each.For payment purposes,the wingwall height will be rounded to the nearest foot.All wingwalls and headwalls of the same type will be paid for equally when skew does not affect the type.This price is full compensation for constructing,furnishing,transporting,and installing the headwalls or wingwalls;connecting to existing structure;breaking back,removing and disposing of portions of the existing structure,and replacing portions of the existing structure as required to make connections;excavation and backfill;and concrete,reinforcing steel,corrugated metal pipe or reinforced concrete pipe,equipment,labor,tools,and incidentals. Apron concrete or riprap between or around the wingwalls of single-or multiple-barrel box culvert structures will be measured and paid for in accordance with Item 432,"Riprap." The removal and re-laying of existing pipe or the furnishing of new pipe to replace existing pipe will not be paid for directly but will be considered subsidiary to this Item. 664 4122 Special Specification 4122 Texas Thermoplastic Pipe Department oI Transportation 1. DESCRIPTION Furnish and install thermoplastic pipe for constructing thermoplastic pipe culverts.Provide pipes of the sizes, types,design,and dimensions shown on the plans including the connections and joints to new or existing pipes,sewer,manholes,inlets,headwalls,and other appurtenances as required to complete the work. 2. MATERIALS Furnish materials in accordance with the following: ■ Item 400,"Excavation and Backfill for Structures," ■ Item 401,"Flowable Backfill,"and ■ Item 467,"Safety End Treatment." Unless otherwise specified on the plans or in this Item,provide thermoplastic pipe and joint fittings that conform to the following: 2.1. High Density Polyethylene(HDPE)Pipe. 2.1.1. General.Provide high density polyethylene pipe and fittings meeting the requirements in AASHTO M 294. 2.1.2. Raw Materials.Provide HDPE pipes and fittings manufactured from virgin polyethylene(PE)compounds, conforming to the requirements of cell class 335400C as defined and described in ASTM D 3350,except that the maximum allowable carbon black content is 4%.Use PE compound meeting the environmental stress crack resistance according to the NCLS test set forth in AASHTO M 294, 2.1.3. Designation of Type.For HDPE pipes used in gravity flow drainage applications,use Type S(outer corrugated wall with smooth inner liner)or Type D(inner and outer smooth walls braced circumferentially or spirally with projections or ribs). 2.1.4. Section Properties.The minimum wall thickness of the inner walls of Type S pipe and inner the outer walls of Type D pipe is specified in Section 7.2.2 of AASHTO M 294.The pipe stiffness at 5%deflection,when determined in accordance with ASTM D 2412,is specified in Section 7.4 of AASHTO M 294. 2.2. Polyvinyl Chloride(PVC)Pipe. 2.2.1. General.Provide polyvinyl chloride pipes and fittings meeting the requirements of ASTM F 949. 2.2.2. Raw Materials.Provide PVC pipes and fittings manufactured from PVC compounds which conform to the requirements of cell class 12454as defined and described in ASTM D 1784. 2.2.3. Section Properties.The minimum wall thickness is specified in ASTM F 949,Table 1.The pipe stiffness at 5%deflection,when determined in accordance with ASTM D 2412,is specified in ASTM D 2412,Table 1. Ensure the manufacturer performs the appropriate test procedures on representative samples of each type of pipe furnished,and verifies that the pipe complies with the specifications.Submit a certificate of compliance to the Engineer for review and approval, Provide a certificate including the following information: manufacturing plant,date of manufacture,pipe unit mass,material distribution,pipe dimensions,water inlet area,pipe stiffness,pipe flattening,brittleness,ASTM resin cell classification,and workmanship. 1 -6 08-18 Statewide 4122 2.3. Polypropylene Pipe. 2.3.1. General. Provide polypropylene pipe and fittings meeting the requirements of AASHTO M330. 2.3.2. Raw Materials. Provide polypropylene compounds used to manufacture the pipe and fittings that meet the minimum properties in Section 6.1.1 of AASHTO M330. . 2.3.3. Designation Type: For polypropylene pipes used in gravity flow drainage applications use Type S(outer corrugated wall with smooth inner liner)or Type D(inner and outer smooth walls braced circumferentially or spirally with protections or ribs). 2.3.4. Section Properties. Provide the minimum wall thickness of the inner walls for Type S pipe and both the inner and outer walls of Type D pipe that meet the requirements in Section 7.2.2 of AASHTO M330. The pipe stiffness at 5%deflection will meet the requirements in Section 7.4 of AASHTO M330. 2.4. Testing: Ensure the manufacturer performs the appropriate test procedures on representative samples of each type of pipe furnished,and verifies that the pipe complies with the specifications.Submit a certificate of compliance to the Engineer for review and approval.Provide a certificate including the following information: manufacturing plant,date of manufacture,pipe unit mass,material distribution,pipe dimensions,water inlet area,pipe stiffness,pipe flattening,brittleness,ASTM resin cell classification,and workmanship. 2.5. Inspection.The quality of materials,the process of manufacture,and the finished pipe will be subject to inspection and approval by the Engineer at the manufacturing plant. In addition,the finished pipe will be subject to further random inspection by the Engineer at the project site before and during installation. 2.6. Marking.Furnish pipe clearly marked at maximum 12 ft.intervals and clearly mark fittings and couplings as follows: ■ manufacturer's name or trade mark, ■ nominal size, ■ specification designation(e.g.AASHTO M 294,ASTM F 949,AASHTO M330), ■ plant designation code,and ■ date of manufacture. 2.7. Joints. Install the joints so that the connection of the pipe sections forms a continuous line free from irregularities in the flow line. Suitable joints are the following: ■ Integral Bell and Spigot. Ensure the bell overlaps a minimum of 2 corrugations of the spigot end when fully engaged.Ensure the spigot end has an 0-ring gasket that meets ASTM F 477. ■ Exterior Bell and Spigot.Fully weld the bell to the exterior of the pipe and overlap the spigot end so that the flow lines and ends match when fully engaged.Provide the spigot end with an 0-ring gasket that meets ASTM F 477. Joint type definitions are the following: ■ Soiltight Joints.Joints meeting the soiltightness definition in accordance with AASHTO Standard Specifications for Highway Bridges, Section 26.4.2.4. ■ Watertight Joints.Joints meeting the requirements of ASTM D 3212. If no joint type is specified,provide a watertight joint. 2-6 08-18 Statewide 4122 3. END SECTIONS For pipe installations beneath and adjacent to roadways,provide Type II Precast Safety End Treatments. For cross drainage structures use TxDOT's PSET-SC or PSET-RC standard and for parallel drainage structures use TxDOT's PSET-SP or PSET-RP standard. 4. CONSTRUCTION Construct the pipe at locations shown on the plans or as directed.Only trench installation of thermoplastic pipe will be permitted. 4.1. Excavation. Excavate in accordance with Item 400,"Excavation and Backfill for Structures," Provide enough trench width for the pipe installation and to ensure enough working room to properly and safely place and compact materials placed under haunches of the pipe and other embedment materials. Provide a space between the pipe and trench wall that is greater than that of the compaction equipment used in the pipe zone. When using Type I backfill,the minimum allowable trench width is the pipe outside diameter plus 12 in. When using Type II or Type III backfill,the minimum allowable trench width is specified in Table 2. Table 2 Minimum Trench Width Nominal Pipe Diameter in. Minimum Trench Width in. 18 39 24 48 30 57 36 66 42 75 4.2. Installing Pipe in Embankment. If any portion of the pipe projects above the existing ground level,construct an embankment as shown on the plans or as directed,for a minimum distance outside each side of the pipe location of 5 times the diameter and to a minimum elevation of 2 ft.above the top of the pipe.Next,excavate the trench to a width as specified in Section 3.1. In areas with a high water table,install the thermoplastic pipe in accordance with the manufacturer's recommendations to prevent pipe floatation. 4.3. Shaping and Bedding. Bed the pipe in a foundation of compacted cohesionless material,such as sand, crushed stone,or pea gravel,with a maximum allowable size of 3/8 in.Extend this material a minimum of 6 in.below the outermost corrugations or ribs,and carefully and accurately shape it to fit the lowest part of the pipe exterior for a minimum of 10%of the overall height.When requested by the Engineer,furnish a template for each size and shape of pipe to be placed for use in checking the shaping of the bedding.Provide a template consisting of a thin plate or board cut to match the lower half of the cross section of the pipe. 4.4. Handling and Storing Pipe.Store pipe above ground on adequate blocking.Always keep pipe clean and fully drained during storage,Store the PVC pipe and fittings out of direct sunlight.Handle and store thermoplastic pipe in accordance with the pipe manufacturer's instructions.Provide proper facilities for hoisting and lowering the pipe into the trench without damaging the pipe or disturbing the bedding or the walls of the trench. 4.5. Laying Pipe. Unless otherwise authorized,start laying pipe on the bedding at the outlet end with the separate sections firmly joined together. Hoist and lower sections of pipe into the trench without damaging the pipe or disturbing the bedding or the sides of the trench.Remove and re-lay any pipe that is not in alignment or that shows excessive settlement after laying,at no expense to the Department. 3-6 08-18 Statewide 4122 Lay multiple installation of thermoplastic pipe with the centerlines of the individual barrels parallel.Unless otherwise shown on the plans,maintain the clear distances between outer surfaces of adjacent pipes shown in Table 3. Table 3 Minimum Clear Distance Between Pipes Nominal Pipe Diameter(in.) Min.Clear Distance Between Pipes(in.) 18 14 24 17 30 20 36 23 42 26 4.6. Reusing Existing Appurtenances.When existing appurtenances are specified on the plans for reuse, sever the portion to be reused from the existing culvert and move it to the new position previously prepared, by approved methods. Provide connections conforming to the requirements for joining sections of pipes as indicated in this specification or as shown on the plans.Restore any headwalls and any aprons or pipes attached to the headwall that are damaged during moving operations,to their original condition,at no expense to the Department.The Contractor has the option to remove and dispose of the existing headwalls and aprons and construct new headwalls at no expense to the Department,in accordance with the pertinent specifications and design indicated on the plans or as furnished by the Engineer. 4.7. Sewer Connections and Stub Ends. Make connections of pipe sewer to existing sewers or sewer appurtenances as shown on the plans or as directed.Mortar or concrete the bottom of the existing structures,if necessary,to eliminate any drainage pockets created by the new connection.Where the sewer is connected into existing structures which are to remain in service,restore any damage to the existing structure resulting from making the connection to the satisfaction of the Engineer.Seal stub ends,for connections to future work not shown on the plans,by installing watertight plugs into the free end of the pipe. Include the cost for the above in cost of the pipe. 4.8. Backfilling.Backfill from the pipe bedding up to 1 ft.above the top of the pipe to provide necessary structural support to the pipe and control pipe deflection.Take care when placing and compacting the backfill material.Provide uniform backfill material and uniform compacted density throughout the length of the pipe, to avoid unequal pressure.Use care to ensure proper backfill under the pipe,in the haunch zone. Provide backfill material meeting the following specifications: ■ Type I—Provide backfill consisting of flowable fill in accordance with Item 401,"Foowable Backfill."Place the flowable backfill across the entire width of the trench and maintain a minimum depth of 12 in.above the pipe.Wait a minimum of 24 hr,before backfilling the remaining portion of the trench with other backfill material in accordance with Item 400,"Excavation and Backfill for Structures." ■ Type II—Provide backfill consisting of cement stabilized backfill in accordance with Section 400.3.3.4, "Cement Stabilized Backfill."Place and compact cement stabilized backfill to completely fill any voids. ■ Type III—Provide backfill consisting of hard,durable,clean granular material that is free of organic matter,clay lumps,and other deleterious matter.Provide backfill meeting the gradation requirements shown in Table 3.Place the backfill material along both sides of the completed structure to a depth of 12 in.above the pipe. Place the backfill in uniform layers a minimum 6 in.deep(loose measurement),wet if required,and thoroughly compact it between adjacent structures and between the structure and the sides of the trench.Until a minimum cover of 12 in. is obtained,only hand-operated tamping equipment will be allowed within vertical planes 2 ft.beyond the horizontal projection of the outside surfaces of the 4-6 08-18 Statewide 4122 structure. If using Type III backfill,place filter fabric between the native soil and the backfill.Use filter fabric conforming to the requirements of DMS-6200,"Filter Fabric,"Type 1. Table 4 Gradation Requirements for Type III Backfill Material Sieve Size Percent Retained Cumulative 1 in. 0-5 7/8 in. 0-35 1/2 in. 0-75 3/8 in. 0-95 No.4 35-100 No.10 50-100 No.200 90-100 4.9. Protecting the Pipe. Unless otherwise shown on the plans or permitted in writing,do not use heavy earth- moving equipment over the structure until a minimum of 4 ft.of permanent or temporary compacted fill is placed over the top of the structure. Before adding each new layer of loose backfill material,until a minimum of 12 in.of cover is obtained,an inspection will be made of the inside periphery of the structure for local or unequal deformation caused by improper construction methods.Evidence of such will be reason for corrective measures as may be directed. Remove and replace pipe damaged by the Contractor at no expense to the Department 5. MEASUREMENT This Item will be measured by the foot.Measurement will be made between the ends of the pipe barrel along the flow line,not including safety end treatments.Safety end treatments will be measured in accordance with Item 467,"Safety End Treatment."Measurement of spurs,branches,or connections to existing pipe will be made from the intersection of the flow line with the outside surface of the pipe into which it connects. Where inlets,headwalls,catch basins,manholes,junction chambers,or other structures are included in lines of pipe,the length of pipe tying into the structure wall will be included for measurement,but no other portion of the structure length or width will be included. For multiple pipes,the measured length will be the sum of the lengths of the barrels. This is a plans quantity measurement Item.The quantity to be paid for is the quantity shown in the proposal unless modified by Article 9.2.,"Plans Quantity Measurement."Additional measurements or calculations will be made if adjustments of quantities are required. 6. 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"Thermoplastic Pipe"of the size and backfill type specified.This price is full compensation for furnishing,hauling,placing,and joining pipes;connecting to new or existing structures; moving and reusing headwalls where required;removing and disposing of portions of existing structures as required;cutting of pipe ends on skew;and labor,tools,equipment,and incidentals. 5-6 08-18 Statewide 4122 Excavation,shaping,bedding,and backfill will be paid for in accordance with Item 400,"Excavation and Backfill for Structures." Type I backfill will be paid in accordance with Item 401,"Flowable Backfill." Safety end treatment will be paid for in accordance with Item 467,"Safety End Treatment." 6-6 08-18 Statewide 4196 Special Specification 4196 ® texas Prefabricated Pedestrian Steel Truss Bridge Span L)eanspo, t J p o1 Transportation 1. DESCRIPTION Design,fabricate,and install prefabricated pedestrian steel truss bridge spans including bearing devices, anchor bolts,bridge deck,and pedestrian railings.This Specification does not govern the design or construction of bridge substructure,including piers,abutments,and foundations. Design.The Contractor is responsible for the structural adequacy of the prefabricated pedestrian steel truss bridge span design.Submit to the Engineer details and design calculations bearing the seal of a licensed professional engineer in the State of Texas for review and approval.Include the steel truss span superstructure,bearing devices,anchor bolts,bridge deck,and bridge railing with accessibility handrails when required.Provideat least 28 calendar days notice before the start of fabrication.Design in compliance with the current AASHTO Load and Resistance FactorDesign(LRFD)Guide Specifications for the Design of Pedestrian Bridges.The Departmentwill not grant additional time for rejection or correction of design submissions. For the maintenance vehicle,use the current AASHTO LRFD Guide Specifications for the Design of Pedestrian Bridges,unless otherwise specified on the plans. Design railing as 42 in. pedestrian railing in accordance with the latest AASHTO requirements for pedestrian railing unless otherwise specified on the plans.Railing may be integral with through truss members provided it satisfies LRFD Specification requirements. Design bridge deck surfaces to meet the requirements of Texas Accessibility Standards(TAS)Section 302, "Floor and Ground Surfaces." When bridge deck grade is equal to or greater than 5%,provide accessible handrails meeting the requirements of the Texas Accessibility Standards(TAS)Section 505,"Handrails." 2. MATERIALS Provide materials that meet requirements of the following Items: ■ Item 421,"Hydraulic Cement Concrete" ■ Item 422,"Concrete Superstructures" ■ Item 434,"Bridge Bearings" ■ Item 440,"Reinforcement for Concrete," ■ Item 441,"Steel Structures" ■ Item 442,"Metal for Structures" ■ Item 445,"Galvanizing" ■ Item 447,"Structural Bolting" ■ Item 448,"Structural Field Welding" ■ Item 449,"Anchor Bolts" ■ Item 491,'Timber for Structures." Paint,galvanize,or,when weathering steel is specified,leave the steel truss surfaces bare.When specified, galvanize in accordance with Item 445,"Galvanizing."When painting is specified,use System IV in accordance with Item 441,"Steel Structures."Provide a Societyfor Protective Coatings(SSPC)SP6 cleaning when bare weathering steel is specified. 1 -3 11-21 Statewide 4196 2.1. Fabrication.Fabricate the trusses,bearing devices,and other permanent metal components for the steel truss span in accordance with Item 441,"Steel Structures." 2.2. Certifications.Fabrication plants that produce prefabricated pedestrian steel truss bridge spans must maintain a current American Institute of Steel Construction(AISC)certification for Intermediate Steel Bridges (IBR). Coating applicators performing painting on prefabricated pedestrian steel truss bridge spans must maintain a current AISC Sophisticated Coatings Endorsement or SSPC QP3 certification, 2.3. Shop Drawings.Prepare and submit detailed shop drawings and design calculations for the steel truss span,bearing devices,bridge deck,deckjoints,bridge railings,and accessibility handrails,Submit shop drawings and design calculations to the Engineer for review and approval following the Department's Guide to Electronic Shop Drawing Submittal process available on the Bridge Division website.Give the Engineer at least 28 calendar days to review and approve each shop drawing submittal.Include uniquedrawings that illustrate specific portions of the work to be performed.Clearly show all relevant design information such as member sizes and connections. 2.4. Nondestructive Testing(NDT).Perform all NDT in accordancewith Item 441,"Steel Structures"and as indicated below. ■ Visually inspect all welds in accordance with Visual Inspection Acceptance Criteria for tubular structures in American Welding Society(AWS)D 1.1 Structural Welding Code, ■ Magnetic Particle Testing(MT)10%of all fillet and partial joint penetration groove welds located throughout the structure in accordance with Visual Inspection Acceptance Criteria for tubular structures in AWS D1.1. ■ When complete joint penetration groove welds are permitted on chords or other members,perform 100%UltrasonicTesting(UT)in accordance with UT requirements for tubular structures in AWS D1.1. Hands-on testing of NDT technicians and periodic audits referenced in Item 441,"Steel Structures"are not required. 3. CONSTRUCTION Verify all dimensions of the steel truss span with the manufacturer before construction of the substructure and foundation.Provide bolted connections at field splices in accordance with Item 447,"Structural Bolting." Field welding of secondary members will be allowed in accordance with Item 448,"Structural Field Welding." Erect the bridge and construct the deck in accordance with the following Items; ■ Item 422,"Concrete Superstructures" ■ Item 441,"Steel Structures" ■ Item 491,'Timber for Structures." Construct bridge deck surfaces that meet the requirements of TAS Section 302,"Floorand Ground Surfaces." 4. MEASUREMENT This Item will be measured by each pedestrian truss bridge span in the completed and acceptedfinal position. 2- 3 11-21 Statewide 4196 5. PAYMENT The work performed and materials furnished in accordance with this Item and measured under "Measurement"will be paid for at the unit price bid for"Prefabricated Pedestrian Steel Truss Bridge Span"of the length specified.This price is full compensation for design,fabrication,transport,erection,deck construction,and final finishing;and for equipment,labor,tools,and incidentals. 3- 3 11-21 Statewide