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R2024-232 2024-11-18RESOLUTION NO. R2024-232 A Resolution of the City Council of the City of Pearland, Texas, awarding a construction services contract associated with the Smith Ranch Road Widening Project, to Texas Sterling Construction, in the amount of $6,638,584.69.00. 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 Texas Sterling Construction, in the amount of $6,638,584.69.00 Section 3. The City Manager or his designee is hereby authorized to execute a construction services contract associated with the Smith Ranch Road Widening Project. PASSED, APPROVED and ADOPTED this the 18th day of November, 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: A578C158-12EF-46C2-BCE3-A7ACB53EEDED JL Project Manual ,, , Volume 1 for: SMITH RANCH ROAD FROM NORTH OF BROADWAY ST (FM 518) TO HUGHES RANCH RD t pc O* I., 4 PEARL, AND: i , i L- --- _,-11----E.- - --k-—IV—-..c1 - r, i Q 1 ,-,.,„ ct ' BRAZORIA COUNTY COP ProjectNo.:TR1501 Bid No.:1113: 0624-28 TxDOT Project No.: STP2021(139)MM TxDOT CSJ: 0912-31-293 July 2024 Prepared By. DEC 3100 WEST ALABAMA HOUSTON, TX 77098 Tel. 713-520-9570 fl TBPE Firm Registration#8998 Page 1 of 539 CITY OF PEARLAND TABLE OF CONTENTS Document 00010-T TABLE OF CONTENTS Volume 1 NOTE. Bold Specification Sections can be found on the City of Pearland Web Site at http.//pearlandtx.gov/departments/engineering-and-capital-prof ects/engmeenng/standard-construction- documents (or at http://www.pearlandtx.gov/ by going to the Department of Engineering, Engineering ConstructionDocuments). Doc Page document Title INTRODUCTORY INFORMATION 00010-T Table of Contents .2-6 00015 List of Drawmgs 7-10 BIDDING REQUIREMENTS 00100 Invitation to Bid 11-14 00110-T LGPP Abbreviations(Item IL) &Defnutions Supplement 15-28 00200 Instructions to Bidders .29-37 00200A-T Instructions to Bidders Appendix: LGPP Bid Checklist .38 00210-T Item 2L-LGPP Supplement to Instructions to Bidders 39-45 00300 Bid Proposal Part A&Part B 46-52 00310-T Item 3L-LGPP Award and Execution ofthe Contract .53-56 00456 Bidder's Certification of Compliance with BuyAmencan Program. .57 00457 Conflict of Interest Questionnaire .58-59 CONTRACTING REQUIREMENTS AGREEMENT 00500 Standard Form of Agreement 60-66 00500A Standard Form of Agreement Appendix A. Title VI Assurances 67-68 00500B Standard Form of Agreement Appendix B House Bill 89 Venfication 69 00550 Ethics Certification Form 1295 70 BONDS AND CERTIFICATES 00610 Performance Bond. 71-72 00611 Payment Bond 73-74 00612 Two-Year Maintenance Bond. 75-76 00615 Partial Waiver of Lien 77 00010-T-1 Paae 2 of 539 CITY OF PEARLAND TABLE OF CONTENTS GENERAL CONDITIONS. 00700 General Conditions of Agreement. 78-117 Attachment No 1-Worker's Compensation Insurance Coverage 118-120 Attachment No 2 - Agreement for Final Payment and Contractor's Sworn Release 121-124 AttachmentNo 3-Owner's Insurance Requirements of Contractor 125-134 00770-T Item 4L-LGPP General Conditions and Scope of Work 135-140 00780-T Item 5L-LGPP General Conditions and Control ofthe Work. 141-148 00790-T Item 6L-LGPP Control of Materials 149-154 00795-T Item 7L-LGPP Legal Relations andResponsibihties 155-168 00796-T Item 8L-LGPP Prosecution and Progress 169-181 00797-T Item 9L-LGPP Measurement and Payment. 182-189 SUPPLEMENTARY CONDITIONS 00800 Special Conditions of Agreement 190-191 00811-T Wage Rates 192-195 00850-T TxDOT LGPP Requirements. 196 • FHWA-1273 Required Contract Provisions 197-208 • Bidder Certification. .209 • Buy America Provision .210-211 • Buy America-Material Statement 212 • Child Support Statement. .213 • Child Support Business Ownership Form .214 • Acknowledgement of Stormwater Management Program .215 • Contractor's Assurance (Subcontracts-Federal Aid Projects) .216 • Debarment Certification. .217-219 • Diffenng Site Conditions .220 • DBE Requirements .221 • DBE Commitment Agreement Form .222 • DBE Material& Supplier CommitmentAgreement Form. .223-224 • DBE Substitution Request Form .225 • DBE Commercially Useful Function Project Site Review .226-232 • DBE Trucking Credit Worksheet. .233 • DBE Good Faith Effort-Prime Contractor ___ 234-236 • DBE Monthly Progress Report. .237 • DBE/SBE Prompt Payment Certification. .238 • DBE Prime Contractor Payments toNon-DBE Subcontractors .239 • DBE Final Report. .240 • Equipment Rental Rates .241-242 • Certification Regarding Lobbying .243 • Statement for Loan Guarantees and Loan Insurance .244 • Non-Collusion Statement. .245 • Affidavit .246 • Payroll Verification Information 247 • Prison Produced Materials Provision .248 • SBE Monthly Progress Report. .249 • TxDOT 1560 Certificate of Insurance .250-251 00010-T-4 Page 3 of 539 CITY OF PEARLAND TABLE OF CONTENTS 00900 Addendum .252 CERTIFICATIONS Engmeer's Certification .253 GENERAL NOTES 2014 TxDOT General Notes .254-277 City of Pearland General Notes .278 LOCAL GOVERNMENT SPECIAL PROVISIONS SP000-002L-Nondiscnmination .279-280 SP000-003L- Certification of Nondiscrimination m Employment .281 SP000-004L-Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity(Executive Order 11246) .282-285 SP000-005L- Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) .286-289 SP000-241L Cargo Preference Act Requirements in Federal Aid Contracts .290 SP000-394L- Disadvantaged Business Enterpnse in Federal Aid Contracts. .291-297 SP000-1243L-Schedule of Liquidated Damages. .298 SP002-009L-Instructions to Bidders .299 SP006-040L- Control of Materials .300-302 SP007-011L- Legal Relations and Responsibilities .303-305 SP009-011L-Measurement and Payment .306 SP506-001L- Temporary Erosion, Sedimentation, and Environmental Controls .307-317 2014 TxDOT STANDARD SPECIFICATIONS Adopted by the Texas Department of Transportation November 1,2014.Standard Specifications are incorporated into the Contract by reference and a copy can be found on the TxDOT Web Site at http://www.txdot.gov/busintess/resources/txdot-specifications.html. Item 1 to 9 mclusive General Requirements and Covenants Item 100 Preparing Right of Way(103) Item 104 Removing Concrete Item 105 Removing Treated and Untreated Base and Asphalt Pavement Item 110 Excavation(132) Item 132 Embankment(100)(204)(210)(216)(260)(400) Item 160 Topsoil(168) Item 161 Compost(160) Item 162 Sodding for Erosion Control(166)(168) Item 164 Seeding for Erosion Control(162)(166)(168) Item 168 Vegetative Watering Item 170 Irrigation System(402)(403)(618)(620)(622)(624)(628) 00010-T-4 Page 4 of 539 CITY OF PEARLAND TABLE OF CONTENTS Item 192 Landscape Planting(161)(166)(168) Item 193 Landscape Establishment(166)(192) Item 260 Lime Treatment(Road-Mixed) (105)(132)(204)(210)(216)(247)(300)(310)(520) Item 292 Asphalt Treatment(Plant-Mixed) (300)(301)(320)(520)(585) Item 360 Concrete Pavement(421)(422)(438)(440)(529)(585) Item 400 Excavation and Backfill for Structures (110)(132)(401)(402)(403)(416)(420) (421)(423) Item 402 Trench Excavation Protection Item 432 Riprap (247)(420)(421)(431)(440) Item 462 Concrete Box Culverts and Drains (400)(402)(403)(420)(421)(422)(424)(440) (476) Item 464 Reinforced Concrete Pipe(400)(402)(403)(420)(421)(422)(424)(440)(476) Item 465 Junction Boxes, Manholes, and Inlets (400)(420)(421)(424)(440)(471) Item 466 Headwalls and Wingwalls (400)(420)(421)(432)(440)(464) Item 467 Safety End Treatment(400)(420)(421)(432)(440)(442)(445)(460)(464) Item 496 Removmg Structures Item 502 Barricades, Signs,and Traffic Handlmg Item 506 Temporary Erosion, Sedimentation, and Environmental Controls. (161)(432)(556) Item 512 Portable Traffic Barrier(420)(421)(424)(440)(442) Item 529 Concrete Curb, Gutter, and Combined Curb and Gutter(360)(420)(421)(440) Item 530 Intersections, Driveways, and Turnouts (247)(260)(263)(275)(276)(292)(316) (330)(334)(340)(360)(421)(440) Item 531 Sidewalks (104)(360)(420)(421)(440)(530) Item 542 Removing Metal Beam Guard Fence Item 624 Ground Boxes (420)(421)(432)(440)(618)(620) Item 636 Signs (643) Item 644 Small Roadside Sign Assemblies(420)(421)(441)(442)(445)(636)(643)(656) Item 662 Work Zone Pavement Markmgs (666)(668)(672)(677) Item 666 Retroreflectorized Pavement Markings (316)(502)(662)(677)(678) Item 672 Raised Pavement Markers (677)(678) Item 677 Eliminating Existing Pavement Markings and Markers(300)(302)(316) Item 678 Pavement Surface Preparation for Markings (677) Item 681 Temporary Traffic Signals (416)(610)(618)(620)(621)(624)(625)(627)(628)(636) (656)(680)(684)(686)(687)(688) 2014 TxDOT SPECIAL PROVISIONS SP 132-001 Embankment .318 SP 192-001 Landscape Plantmg .319 SP 247-003 Flexible Base .320-321 SP 300-017 Asphalts, Oils, and Emulsions .322-326 SP 316-002 Seal Coat .327 SP 340-003 Dense-Graded Hot mix Asphalt(Small Quantity) .328-330 SP 421-009 Hydraulic Cement Concrete .331-336 SP 440-004 Reinforcement for Concrete .337 SP 441-003 Steel Structures .338-339 SP 442-001 Metals for Structures .340 00010-T-4 Page 5 of 539 CITY OF PEARLAND TABLE OF CONTENTS SP 462-002 Concrete Box Culverts and Drains .341-342 SP 464-001 Reinforced Concrete Pipe .343 SP 465-001 Junction Boxes,Manholes, and Inlets 344 SP 502-008 Barricades, Signs and Traffic Handling. .345 SP 506-005 Temporary Erosion, Sedimentation, and Environmental Controls .346-347 SP 636-001 Signs. _.. .348 SP 656-001 Foundations for Traffic Control Devices .349 SP 666-007 Retroreflectorized Pavement Markings ._350-351 SP 672-001 Raised Pavement Markings. .352-353 2014 TxDOT SPECIAL SPECIFICATIONS Item 1006 Landscape Soil Amendment .354 Item 3076 Dense-Graded Hot-Mix Asphalt ._. .355-385 Item 6007 Intelligent Transportation System(ITS)Fiber Optic Cable_. .386-398 Item 6016 Intelligent Transportation system(ITS)Multi-Duct Conduit. .399-406 Item 6185 Truck Mounted Attenuator(TMA) and Trailer Attenuator(TA) 407 CITY OF PEARLAND SPECIFICATIONS NOTE: Refenced City of Pearland Standard Documents and Specifications are included in the City of Pearland Engineering and Capital Projects located here: https://www.pearlandtx.gov/departments/engineering-and-capital-prof ects/engineering- division/standard-construction-documents; and are incorporated in Project Manuals by reference as if copied verbatim.Documents in Division 00,Division 01, and Division 02 contain the minimal requirements for construction. Section 01500 Temporary Facilities and Controls. 408-417 Section 01565 TPDES Requirements 418-482 Section 01580 Project Identification Signs 483-486 Section 02520 Valve Boxes,Meter Boxes, and Meter Vaults. 487-490 Section 02533 Sanitary Sewage Force Mains 491-496 Parcel 2 Agreement 497-539 END OF DOCUMENT 00010-T-4 Page 6 of 539 COP Project No.TR1501 CITY OF PEARLAND CSJ No.0912-31-293 LIST OF DRAWINGS Smith Ranch Road Bid No. ITB 0624-28 SHEET GENERAL 1 TITLE SHEET 2-3 INDEX OF SHEETS 4-16 GENERAL NOTES 17 PROJECT LAYOUT 18-20 TYPICAL SECTIONS 21 ESTIMATE&QUANTITY SUMMARY 22 SUMMARY OF TRAFFIC CONTROL QUANTITIES 23 SUMMARY OF EARTHWORK QUANTITIES 24 SUMMARY OF ROADWAY QUANTITIES 25 SUMMARY OF STORM SEWER QUANTITIES 26 SUMMARY OF SW3P QUANTITIES 27 SUMMARY OF PAVEMENT MARKING QUANTITIES 28 SUMMARY OF SMALL SIGNS 29 SUMMARY OF DEMOLITION QUANTITIES 30 SUMMARY OF FIBER OPTIC CABLE QUANTITIES 31 SUMMARY OF LANDSCAPE PLANTING PLAN QUANTITIES TRAFFIC CONTROL 32 CONSTRUCTION SEQUENCE NARRATIVE 33 ADVANCE WARNING SIGNS 34 TRAFFIC CONTROL PLAN PHASE 1 TYPICAL SECTION 35 TRAFFIC CONTROL PLAN PHASE 2 TYPICAL SECTION 36 TRAFFIC CONTROL PLAN PHASE 1A BEGIN PROJECT TO STA 44+00.00 37 TRAFFIC CONTROL PLAN PHASE 1A STA 44+00.00 TO END PROJECT 38 TRAFFIC CONTROL PLAN PHASE 1B BEGIN PROJECT TO STA 44+00.00 39 TRAFFIC CONTROL PLAN PHASE 1B STA 44+00.00 TO END PROJECT 40 TRAFFIC CONTROL PLAN PHASE 2A BEGIN PROJECT TO STA 24+50.00 41 TRAFFIC CONTROL PLAN PHASE 2A STA 24+50.00 TO STA 44+00.00 42 TRAFFIC CONTROL PLAN PHASE 2A STA 44+00.00 TO END PROJECT 43 TRAFFIC CONTROL PLAN PHASE 2B BEGIN PROJECT TO STA 24+50.00 44 TRAFFIC CONTROL PLAN PHASE 2B STA 24+50.00 TO STA 44+00.00 45 TRAFFIC CONTROL PLAN PHASE 2B STA 44+00.00 TO END PROJECT 46-47 TEMPORARY TRAFFIC SIGNAL LAYOUTS TRAFFIC CONTROL STANDARDS 48 BARRICADE AND CONSTRUCTION GENERAL NOTES AND REQUIREMENTS BC(1)-21 49 BARRICADE AND CONSTRUCTION PROJECT LIMIT BC(2)-21 50 BARRICADE AND CONSTRUCTION WORK ZONE SPEED LIMIT BC(3)-21 51 BARRICADE AND CONSTRUCTION TEMPORARY SIGN NOTES BC(4)-21 52 BARRICADE AND CONSTRUCTION TYPICAL SIGN SUPPORT BC(5)-21 53 BARRICADE AND CONSTRUCTION PORTABLE CHANGEABLE MESSAGE SIGN (PCMS) BC(6)-21 54 BARRICADE AND CONSTRUCTION ARROW PANEL, REFLECTORS, WARNING LIGHTS& ATTENUATOR BC(7)-21 55 BARRICADE AND CONSTRUCTION CHANNELIZING DEVICES BC(8)-21 56 BARRICADE AND CONSTRUCTION CHANNELIZING DEVICES BC(9)-21 57 BARRICADE AND CONSTRUCTION CHANNELIZING DEVICES BC(10)-21 58 BARRICADE AND CONSTRUCTION PAVEMENTS MARKING BC(11)-21 Pact.7 of 539 COP Project No.TR1501 CITY OF PEARLAND CSJ No.0912-31-293 LIST OF DRAWINGS Smith Ranch Road Bid No. ITB 0624-28 59 BARRICADE AND CONSTRUCTION PAVEMENTS MARKING PATTERNS BC(12)-21 60 WORK ZONE SHORT TERM PAVEMENT MARKINGS WZ(STPM)-23 61 TRAFFIC CONTROL PLAN LANE CLOSURES FOR DIVIDED HIGHWAYS TCP(1-5)-18 62 CONSTRUCTION SEQUENCE FOR MISCELLANEOUS DRIVES CSMDTC8010-2020 63 TRAFFIC CONTROL PLAN MOBILE OPERATIONS UNDIVIDED HIGHWAYS TCP(3-1)-13 64 TRAFFIC CONTROL PLAN MOBILE OPERATIONS RAISED PAVEMENT MARKER INSTALLATION/REMOVAL TCP(3-3)-14 65 TRAFFIC CONTROL PLAN MOBILE OPERATIONS FOR ISOLATED WORK AREAS UNDIVIDED HIGHWAYS TCP(3-4)-13 66 TRAFFIC CONTROL PLAN ONE-LANE TWO-WAY TRAFFIC CONTROL TCP(2-2)-18 67 TRAFFIC CONTROL PLAN LANE CLOSURES ON DIVIDED HIGHWAYS TCP(2-6)-18 68-69 TWO WAY ROADWAY INTERSECTION PHASING TWRIP(2)TC2010-09 70-71 LOW PROFILE CONCRETE BARRIER PRECAST BARRIER(TYPE 1&2) LPCB-13 72-73 TRAFFIC SIGNAL WORK TYPICAL DETAILS WZ(BTS-1)-13,WZ(BTS-2)-13 74-77 ELECTRICAL DETAILS ED(1)-14, ED(3)-14, ED(4)-14, ED(8)-14 ROADWAY 78 CONTROL INDEX 79 HORIZONTAL AND VERTICAL CONTROL 80 HORIZONTAL ALIGNMENT DATA 81-84 DEMOLITION LAYOUT 85-92 ROADWAY PLAN & PROFILE 93 SMITH RANCH ROAD 2 PLAN& PROFILE 94 SMITH RANCH ROAD 1 PLAN& PROFILE 95 DRIVEWAY SUMMARY 96-101 DRILLING LOGS 102-109 UTILITY PLAN & PROFILE 110-112 FIBER OPTIC CABLE DETAILS ROADWAY STANDARDS 113-114 JOINTED REINFORCED CONCRETE PAVEMENT DETAILS(FOR PAVEMENT THICKNESS 10 INCHES OR LESS)JRCP(HOU DIST) 115 FAST TRACK CONTINUOUSLY REINFORCED CONCRETE PAVEMENT DETAILS CRCP-FT(HOU DIST) 116-117 CONCRETE PAVEMENT JUNCTURES CPJ (HOU DIST) 118 CONCRETE CURB AND DIRECTIONAL ISLAND DETAILS CC&DID (HOU DIST) 119-122 PEDESTRIAN FACILITIES CURB RAMPS PED-18 123-124 REPAIR OF CONCRETE PAVEMENT REPCP-14 125 CONCRETE CURB AND CURB AND GUTTER(CCCG-21) 126-128 DRIVEWAY DETAILS(DD) (HOU DIST) 129 MEDIAN NOSE DETAILS HOU-MEDNS 130 TAPERED EDGE DETAILS HMAC PAVEMENT TE(HMAC)-11 131-133 PEDESTRIAN HANDRAIL DETAILS PRD-13 DRAINAGE 134-136 OVERALL DRAINAGE AREA MAP 137-140 DRAINAGE AREA MAP 141-148 DRAINAGE PLAN &PROFILE 149-152 STORM SEWER LATERALS Page 8 of 539 COP Project No.TR1501 CITY OF PEARLAND CSJ No.0912-31-293 LIST OF DRAWINGS Smith Ranch Road Bid No. ITB 064-28 153 ARGOVITZ POND OUTFALL DETAIL 154-155 RCB CONNECTION COLLAR DETAILS 156 CONCRETE RESTRICTOR PLATE DETAIL 157 RCB CONCRETE COVER DETAILS 158 INLET CONNECTION DETAILS 159 BOX CULVERT SUPPLEMENT WING AND END TREATMENT(BCS) 160-163 HYDRAULIC COMPUTATIONS DRAINAGE STANDARDS 164-167 BRAZORIA DRAINAGE DISTRICT NO 4 SPECIAL NOTES AND STANDARD DETAILS 168 CURB INLET TYPE Cl(WITH OR WITHOUT EXTENSION) HIL-C1(HOUSTON DISTRICT) 169 INLETS TYPE AD&AAD (HIL-AD/AAD)(HOUSTON DISTRICT) 170 MANHOLES TYPE A&B(MH-A/B)(HOUSTON DISTRICT) 171 SINGLE BOX CULVERTS PRECAST 10'-0"SPAN (SCP-10) 172 CONCRETE WINGWALLS WITH STRAIGHT WINGS FOR O°SKEW BOX CULVERTS SW-0 173-174 EXCAVATION AND BACKFILL DIAGRAMS E&BD(HOUSTON DISTRICT) 175 BOX CULVERTS PRECAST MISCELLANEOUS DETAILS SCP-MD 176 PRECAST SAFETY END TREATMENT TYPE II-PARALLEL DRAINAGE PSET-SP 177 MISCELLANEOUS SEWER DETAILS MSD(HOUSTON DISTRICT) 178 GUTTER DEPRESSION DETAILS FOR CURB INLETS GD(HOUSTON DISTRICT) 179 EXTENDED CURB DETAILS FOR BOX CULVERTS WITH CURBS OVER 1'-0"TO 5'-0"TALL(ECD) LANDSCAPE PLANTING PLAN 180 LANDSCAPE PLANTING PLAN STA 10+00 TO STA 22+00 181 LANDSCAPE PLANTING PLAN STA 22+00 TO STA 32+00 182 LANDSCAPE PLANTING PLAN STA 32+00 TO STA 42+00 183 LANDSCAPE PLANTING PLAN STA 42+00 TO STA 52+00 184 LANDSCAPE PLANTING PLAN STA 52+00 TO STA 62+00(END OF PROJECT) LANDSCAPE PLANTING STANDARDS 185 FERTILIZER,SEED,SOD,STRAW,COMPOST,AND WATER FSSSCW-15(HOUSTON DISTRICT) 186 LANDSCAPE PAVERS (HOUSTON DISTRICT) 187 TREE PROTECTION (HOUSTON DISTRICT) 188-195 PLANTING AND ESTABLISHMENT(HOUSTON DISTRICT)(MOD) IRRIGATION PLAN&DETAILS 196 IRRIGATION PLAN SCHEDULE AND NOTES 197 IRRIGATION PLAN (BEGIN PROJECT)STA 10+00 TO STA 22+00 198 IRRIGATION PLAN STA 22+00 TO STA 32+00 199 IRRIGATION PLAN STA 32+00 TO STA 42+00 200 IRRIGATION PLAN STA 42+00 TO STA 52+00 201 IRRIGATION PLAN STA 52+00 TO STA 62+00(END OF PROJECT) 202 IRRIGATION PLAN DETAILS(1 OF 2) 203 IRRIGATION PLAN DETAILS(2 OF 2) ENVIRONMENTAL ISSUES 204 ENVIRONMENTAL PERMITS, ISSUES AND COMMITMENTS EPIC Page 9 of 539 COP Project No.TR1501 CITY OF PEARLAND CSJ No.0912-31-293 LIST OF DRAWINGS Smith Ranch Road Bid No. ITB 0624-28 SWP3 205 TxDOT STORM WATER POLLUTION PREVENTION PLAN SWP3 206-207 SWP3 LAYOUTS SWP3 STANDARDS 208 TEMPORARY EROSION,SEDIMENT AND WATER POLLUTION CONTROL MEASURES FENCE& VERTICAL TRACKING EC(1)-16 209 TEMPORARY EROSION,SEDIMENT AND WATER POLLUTION CONTROL MEASURES ROCK FILTER DAMS EC(2)-16 210 TEMPORARY EROSION,SEDIMENT AND WATER POLLUTION CONTROL MEASURES CONSTRUCTION EXITS EC(3)-16 211-213 TEMPORARY EROSION,SEDIMENT AND WATER POLLUTION CONTROL MEASURES EROSION CONTROL LOG EC(9)-16 SIGNING&PAVEMENT MARKINGS 214-218 SIGNING&PAVEMENT MARKING LAYOUT SIGNING&PAVEMENT MARKINGS STANDARDS 219 TYPICAL STANDARD PAVEMENT MARKINGS PM-20(HOU DIST) 220 POSITION GUIDANCE USING RAISED MARKERS REFLECTORIZED PROFILE MARKINGS PM (2)-20 221 TWO-WAY LEFT TURN LANES, RURAL LEFT TURN BAYS,AND LANE REDUCTION PAVEMENT MARKINGS PM (3)-20 222 PAVEMENT MARKINGS(CONTRAST LANE LINES) PM(CLL)-14(HOUSTON DISTRICT) 223 SIGN MOUNTING DETAILS SMALL ROADSIDE SIGNS UNIVERSAL ANCHOR SYSTEM WITH FRP POST SMD(FRP)-08 224 SIGN MOUNTING DETAILS SAMLL ROADSIDE SIGNS GENERAL NOTES&DETAILS SMD(GEN)-08 225 SIGN MOUNTING DETAILS SMALL ROADSIDE SIGNS TRIANGULAR SLIPBASE SYSTEM SMD (SLIP-1)-08 226 SIGN MOUNTING DETAILS SMALL ROADSIDE SIGNS TRIANGULAR SLIPBASE SYSTEM SMD (SLIP-2)-08 227 SIGN MOUNTING DETAILS SMALL ROADSIDE SIGNS TRIANGULAR SLIPBASE SYSTEM SMD (SLIP-3)-08 228 SIGN MOUNTING DETAILS SMALL ROADSIDE SIGNS WEDGE&UNIVERSAL ANCHOR WITH THIN WALL TUBING POST SMD (TWT)-08 229 TYPICAL SIGN REQUIRMENTS TSR(4)-13 PERMIT&REPORT 230-236 US ARMY CORPS OF ENGINEERS NATIONWIDE PERMIT Pace 10 of 539 CITY OF PEARLAND INVITATION TO BID Section 00100 INVITATION TO BID (LGPP) CITY OF PEARLAND, TEXAS Sealed Electronic Bids will be accepted for the followmg project, in the City's E-bid System. Electronic bids shall be submitted through the City's web site at: https.//pearland.ionwave.net/Login.aspx. All interested Bidders are required to register as a "supplier" on the City's E-bid System at the above web address and clicking on "Supplier Registration" Registration provides automatic access to any changes to the Plans, Specifications or Bid time and date. However, submission of an E-bid requires completing a short registration questionnaire found on this web site. When prompted to add or remove commodity codes registrants must add the codes listd below- _• Building Construction Services,New(Includes Maintenance and Repair Services) ■1 Construction Services, General(Includes Maintenance and Repair Services) ■ Construction Services, Heavy(Includes Mamtenance and Repair Services) •' Construction Services, Trade (New Construction) For more information regarding registration instructions, see INSTRUCTIONS TO BIDDERS, Section 00200, mcluded in the project bid documents viewable on the web site. Questions regarding electronic bidding should be directed to City Purchasing Officer at ebidsnapearlandtx.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 m the E-bid System and submitted electronically through this system to the City Purchasing Officer, City of Pearland, City Hall Annex located at 3523 Liberty Drive, Pearland, Texas 77581 Electronic bids will be accepted until 2:00 p.m., Thursday, August 15, 2024 All Bids shall reference the following project information m the appropriate locations m provided electronic format. All properly submitted bids shall be publicly "opened" and read aloud into the public record following the closmg of the acceptance period for the construction of: SMITH RANCH ROAD City of Pearland, Texas CSJ NO. 0912-31-293 COP PN: TR1501 BID NO.: ITB 0624-28 A mandatory pre-bid conference will be held at the City of Pearland Engmeermg & Pubhc Works, 2016 Old Alvin Rd., Pearland, Texas 77581 at 2-00 p.m. on August 1, 2024 The project will entail the widening of Smith Ranch Road from the existing two-lane asphaltic concrete road to a four-lane divided road containing left-turn lanes,curb and gutter, and a ten-foot- wide shared use path on the west side. The widenmg begms north of FM 518 and ends at Hughes Ranch Road. 7-2018 00100- 1 of 4 Page 11 of 539 CITY OF PEARLAND INVITATION TO BID Upon award of a contract, the successful Bidder will be required to utilize the City's web based project management software' for the administration of the construction project, including but not limited to, all transmittals and matenal submittals, RFI's, RFC's, Change Orders, Applications for Payment and all project communications with the City, its Construction Manager and Engmeer 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 mformation, see INSTRUCTIONS TO BIDDERS, Section 00200 Electronic Bid Documents: including Contract Documents, Plans and Techmcal Specifications are available for download on the City's Website at: https.//pearland.ionwave.net/Logm.aspx upon registration. The documents are NOT viewable without registration. These same documents are also available at the followmg locations. The Associated General Contractors of Amenca, Inc (713) 334-7100 2400 Augusta, Suite 350 Houston, TX 77057 McGraw Hill Construction—Dodge Reports 1-800-393-6343 CivCast USA https.//www civcastusa.com No plan fees or deposits are required for plans and bid documents obtamed 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 m the form of Cashier's Check; Certified Check, or Bid Bond payable to the City of Pearland m the amount of 5% of the total base bid price must accompany each proposal. Bidders submittmg bids electronically through the E-bid System shall scan and up-load a copy of the sealed Bid Bond as an attachment to their bid. Original documents for Bid Security shall be requested by the City from the lowest two bidders and delivered to the City's Purchasing Officer within 48 business hours of the Bid Opening. Bid Security shall be delivered to Office of City Purchasing, Finance Department, City Hall Annex, 3523 Liberty Drive,Pearland, Texas 77581 7-2018 00100-2 of 4 Page 12 of 539 CITY OF PEARLAND INVITATION TO BID The successful Bidder must furnish Performance and Payment Bonds as required Chapter 2253 of the Texas Government Code or other applicable law, as amended, upon the form mcluded in the Contract Documents, in the amount of,one hundred percent (100%) of the contract pnce. Such bonds to be executed by a corporate surety duly authorized to do busmess in the State of Texas, and named m 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 two year Maintenance Bond for the improvements installed as part of this work, as provided in the Special Conditions of Agreement. The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial Statement of Bidder, if requested to do so As required by the Instructions to Bidders and as a condition of Bid acceptability,the Contractor hereby agrees. • That the Pnme Contractor, the entity named herein as the Bidder, will perform thirty percent(30%)or more of the work of the Contract and that this will be reflected m monthly pay applications; • That the City,as Owner and Contract Administrator,retams the right to review and approve Contractor's and all Subcontractors' DBE Certifications and to reject any Bid or Subcontractor failing to meet these requirements; and • That the City,as Owner and Contract Administrator,retains the right to review and approve the Contractor's and all Subcontractors' qualifications to perform the Work of the Contract and to reject any Subcontractor not meeting the City's standards,as outlined in the General Conditions, or TxDOT's and FHWA qualifications for performing the Work. Equal Opportunity: All responsible bidders will receive consideration for award of contract without regard to race, color, religion, sex, or national ongm. 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 m response to this mvitation and will not be discriminated against on the grounds of race, color, or national ongm in consideration for an award. DBE/SBE Goal: The Disadvantaged Business Enterprise (DBE) goal for this project is 7.5%. The Small Business Enterprise (SBE) goal for this project is 0 0%. DBEs and SBEs selected must be TxDOT approved. Race neutral participation is encouraged and can be achieved through various supplier and subcontracting opportunities. Selection Criteria: The Contract is to be awarded on the basis of Lowest Responsible and Responsive Bidder In identifying this criteria the City will consider 1)lowest total bid price for 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 mterests or to reject any or all bids. 7-2018 00100-3 of 4 Page 13 of 539 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, TRMC,MMC City Secretary, City of Pearland First Publication date. July 24, 2024 Second Publication date July 31, 2024 7-2018 00100-4 of 4 Page 14 of 539 Section 00110-T Introduction Local Government General Requirements For all projects with State or Federal funds,and/or all projects on the State Highway System regardless of funding source,a Local Government must either adopt the latest TxDOT Standard Specifications,Special Specifications,and required Special Provisions or request TxDOT written approval of alternate,equivalent specifications. TxDOT's"2014 Standard Specifications for Construction and Maintenance of Highways,Streets,and Bridges"are the latest TxDOT Standard Specifications. These "General Requirements"along with additional requirements specified by the particular local government,are intended as a templete for Item 1-9 in TxDOT's Standard Specifications on projects let by a local government that is on the State Highway System or includes reimbursement to the local government using FHWA or TxDOT funds. This document is intended to be used as a template that allows the local government to modify Item 1-9 to meet their particular needs while assuring that all local,state,and federal statutory requirements are addressed. As this document modifies a TxDOT publication,there may be a question about terminology In general,the"Owner"or the"Engineer"references the local government or their representatives(Consulting Engineers,etc.) Reference to"Department"or"Engineer"in the construction and maintenance specifications refers to the local government except when it is referencing a TxDOT specification,manual, material specification,Material Producers List or test method. Page 15 of 539 Foreword OUTLINE OF SPECIFICATIONS Each specification is outlined by articles and sections.The basic articles required for a specification are: 1 DESCRIPTION 2. MATERIALS 3. EQUIPMENT 4. CONSTRUCTION OR WORK METHODS 5. MEASUREMENT 6. PAYMENT Some articles are not used in every item.Measurement and Payment articles are combined when the work described is subsidiary to bid items of the Contract. HIERARCHY OF ORGANIZATIONAL ELEMENTS Here"XXX'represents the item number The hierarchy of organizational elements available below the item level is as follows: XXX.1.,Article XXX.1 1.,Section XXX.1 1 1.,Section XXX.1 1 1 1.,Section XXX.1 1 1 1 1.,Section XXX.1 1 1 1 1 1.,Section The term section is used for all breaks below the article. Page 16 of 539 Items IL-9L Local Government General Requirements and Covenants Page 17 of 539 Item 1 L Abbreviations and Definitions 1. APPLICABILITY Wherever the following terms are used in these specifications or other Contract documents,the intent and meaning will be interpreted as shown below 2. ABBREVIATIONS MR Association of American Railroads AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ACPA American Concrete Pipe Association Al Asphalt Institute AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction ALSC American Lumber Standard Committee,Inc. AMRL AASHTO Materials Reference Laboratory ANLA American Nursery and Landscape Association ANSI American National Standards Institute APA The Engineered Wood Association API American Petroleum Institute APWA American Public Works Association AREMA American Railway Engineering and Maintenance-of-Way Association ASBI American Segmental Bridge Institute ASCE American Society of Civil Engineers ASLA American Society of Landscape Architects ASME American.Society of Mechanical Engineers ASNT American Society for Nondestructive Testing ASTM American Society for Testing and Materials AWC American Wood Council AWG American Wire Gage AWPA American Wood Protection Association AWPI American Wood Preservers Institute AWS American Welding Society AWWA American Water Works Association BMP Best Management Practices CFR Code of Federal Regulations CMP Corrugated Metal Pipe COE U.S.Army Corps of Engineers CRSI Concrete Reinforcing Steel Institute DBE Disadvantaged Business Enterprise DMS Departmental Material Specification EIA Electronic Industries Alliance EPA United States Environmental Protection Agency FHWA Federal Highway Administration,U.S.Department of Transportation FSS Federal Specifications and Standards(General Services Administration) GSA United States General Services Administration HUB Historically Underutilized Business ICEA Insulated Cable Engineers Association IEEE Institute of Electrical and Electronics Engineers IESNA Illuminating Engineering Society of North America Paae 18 of 539 IMSA International Municipal Signal Association ISO International Organization for Standardization ITS Intelligent Transportation System ITE Institute of Transportation Engineers LG Local Government LRFD Load and Resistance Factor Design MASH Manual for Assessing Safety Hardware MPL Material Producer List(TxDOT document) NCHRP National Cooperative Highway Research Program NCR Nonconformance Report(TxDOT form) NEC National Electrical Code(Published by NFPA) NEMA National Electrical Manufacturers Association NEPA National Environmental Policy Act NESC National Electrical Safety Code NFPA National Fire Protection Association NIST National Institute of Standards and Technology NRM Nonhazardous Recyclable Material NRMCA National Ready Mixed Concrete Association NSBA National Steel Bridge Alliance NTPEP National Transportation Product Evaluation Program OSHA Occupational Safety&Health Administration,U.S.Department of Labor PCA Portland Cement Association PCI Precast/Prestressed Concrete Institute PE Professional Engineer PPI Plastics Pipe Institute PS&E Plans,Specifications,and Estimates PSL Project-Specific Location PTI Post-Tension Institute QA Quality Assurance QC Quality Control RCP Reinforced Concrete Pipe RPLS Registered Public Land Surveyor RRC Railroad Commission of Texas SBE Small Business Enterprise SFPA Southern Forest Products Association SI International System of Units SPIB Southern Pine Inspection Bureau SSPC The Society for Protective Coatings TAC Texas Administrative Code TCEQ Texas Commission on Environmental Quality TDLR Texas Department of Licensing and Regulation TGC Texas Government Code TMUTCD Texas Manual on Uniform Traffic Control Devices TxDOT Texas Department of Transportation UL Underwriters Laboratory, Inc. USC United States Code WRI Wire Reinforcement Institute WWPA Western Wood Products Association 3. DEFINITIONS 3.1 Abrasive Blasting.Spraying blasts of pressurized air combined with abrasive media. 3.2. Actual Cost.Contractor's actual cost to provide labor,material,equipment,and project overhead necessary for the work. 3.3. Addendum.Change in bid documents developed between advertising and bid submittal deadline. Page 19 of 539 3.4 Additive Alternate.A bid item contained in the bid documents that is not a regular item or a replacement alternate bid item.The additive alternate items include work that may be added to the base bid work. 3.5. Deductive Alternate. A bid item contained in the bid documents that is not a regular item or a replacement alternate bid item.The deductive alternate items include work that may be deducted from the base bid work. 3.6. Advertisement.The public announcement required by law inviting bids for work to be performed or materials to be furnished. 3.7 Affiliates.Two or more firms are affiliated if they share common officers,directors,or stockholders;a family member of an officer,director,or stockholder of one firm serves in a similar capacity in another of the firms; an individual who has an interest in,or controls a part of,one firm either directly or indirectly also has an interest in,or controls a part of,another of the firms;the firms are so closely connected or associated that one of the firms,either directly or indirectly,controls or has the power to control another firm;one firm controls or has the power to control another of the firms;or the firms are closely allied through an established course of dealings,including,but not limited to,the lending of financial assistance. 3.8. Air Blasting.Spraying blasts of pressurized air free of oil and moisture. 3.9. Air Temperature.The temperature measured in degrees Fahrenheit(°F)in the shade,not in the direct rays of the sun,and away from artificial heat. 3.10. Anticipated Profit.Profit for work not performed. 3.11 Apparent Low Bidder The Bidder determined to have the numerically lowest total bid as a result of the tabulation of bids by the Owner 3.12. Architect of Record.A person registered as an architect or licensed as a landscape architect,in accordance with State law,exercising overall responsibility for the design or a significant portion of the design and performs certain Contract administration responsibilities as described in the Contract;or a firm employed by the Owner to provide professional architectural services. 3.13. Arterial Highway A highway used primarily for through traffic and usually on a continuous route. 3.14 Notice of Award.The Owner's acceptance of a Contractor's bid for a proposed Contract that authorizes the Owner to enter into a Contract. 3.15. Base Bid.The total bid amount without additive alternates. 3.16. Bid.The offer from the Bidder for performing the work described in the bid documents,submitted on the prescribed bid form,considering addenda issued and giving unit bid prices for performing the work described in the bid documents. 3.17 Bid Bond.The security executed by the Contractor and the Surety furnished to the Owner to guarantee payment of liquidated damages if the Contractor fails to enter into an awarded Contract. 3.18. Bid Documents.The complete set of documents necessary for a Bidder to submit a bid.The documents may include plans,specifications,special specifications,special provisions,addenda,and the prescribed form a Bidder is to submit as the Bid.Other terms used may include standard form of agreement,general conditions,proposal,instructions to bidders,and construction specifications. 3.19. Bid Error A mathematical mistake made by a Bidder in the unit price entered into the bid documents. 3.20. Bid Form.The portion of the bid documents that a prospective Bidder must submit to the Owner for their bid to be considered. Page 20 of 539 3.21 Bidder An individual,partnership,limited liability company,corporation,or joint venture submitting a bid for a proposed Contract. 3.22. Blast Cleaning.Using one of the blasting methods,including,but not limited to,water blasting,low-pressure water blasting,high-pressure water blasting,abrasive blasting,water-abrasive blasting,shot blasting,slurry blasting,water injected abrasive blasting,and brush blasting. 3.23. Bridge.A structure,including supports,erected over a depression or an obstruction(e.g.,water,a highway, or a railway)having a roadway or track for carrying traffic or other moving loads,and having an opening measured along the center of the roadway of more than 20 ft.between faces of abutments,spring lines of arches,or extreme ends of the openings for multiple box culverts. 3.24 Brush Blasting.Sweeping lightly with an abrasive blast to remove loose material. 3.25. Building Contract.A Contract entered under State law for the construction or maintenance of an Owner building or appurtenance facilities.Building Contracts are considered to be construction Contracts. 3.26. Certificate of Insurance.A form approved by the Owner covering insurance requirements stated in the Contract. 3.27 Change Order Written order to the Contractor detailing changes to the specified work,item quantities or any other modification to the Contract. 3.28. Concrete Construction Joint.A joint formed by placing plastic concrete in direct contact with concrete that has attained its initial set. 3.29. Concrete Repair Manual.TxDOT manual specifying methods and procedures for concrete repair as an extension of the standard specifications. 3.30. ConcreteWorks©.TxDOT-owned software for concrete heat analysis.Software is available on the TxDOT's website. 3.31 Construction Contract.A Contract entered under State law for the construction,reconstruction,or maintenance of a segment of the Owner's transportation system. 3.32. Consultant.The licensed professional engineer or engineering firm,or the architect or architectural firm, registered in the State of Texas and under Contract to the Owner to perform professional services.The consultant may be the Engineer or architect of record or may provide services through and be subcontracted to the Engineer or architect of record. 3.33. Contract.The agreement between the Owner and the Contractor establishing the obligations of the parties for furnishing of materials and performance of the work prescribed in the Contract documents. 3.34 Contract Documents.Elements of the Contract,including,but not limited to,the plans,specifications incorporated by reference,special provisions,special specifications,Contract bonds,change orders, addendums,standard form of agreement,general conditions,certificate of insurance,and supplemental agreements. 3.35. Contract Time.The number of days specified for completion of the work,including authorized additional working days. 3.36. Contractor The individual,partnership,limited liability company,corporation,or joint venture and all principals and representatives with which the Contract is made by the Owner 3.37 Controlled Access Highway Any highway to or from which access is denied or controlled,in whole or in part,from or to abutting land or intersecting streets,roads,highways,alleys,or other public or private ways. Page 21 of 539 3.38. Control of Access.The condition in which the right to access of owners or occupants of abutting land or other persons in connection with a highway is fully or partially controlled by public authority 3.39. Control Point.An established point shown on the plans to provide vertical and horizontal references for geometric control for construction. 3.40. Cross-Sections.Graphic representations of the original ground and the proposed facility,at right angles to the centerline or base line. 3.41 Culvert.Any buried structure providing an opening under a roadway for drainage or other purposes.Culverts may also be classified as bridges.(See Section 1.3.23.,"Bridge.") 3.42. Cycle.The activity necessary for performing the specified work within the right of way project limits once. 3.43. Daily Road-User Cost.Damages based on the estimated daily cost of inconvenience to the traveling public resulting from the work. 3.44 Date of Written Authorization.Date of the written Notice to Proceed authorizing the Contractor to begin work. 3.45. Debar(Debarment).Action taken by the Owner,State,or federal government pursuant to regulation that prohibits a person or company from entering into a Contract,or from participating as a subcontractor,or supplier of materials or equipment used in a highway improvement Contract as defined in local,state,or federal law 3.46. Detour A temporary traffic route around a closed portion of a road. 3.47 Department.When used in the context of the party with whom the Contractor has a Construction Contract, Department refers to Owner When used in other contexts such as technical specifications,refers to the Texas Department of Transportation. 3.48. Departmental Material Specifications.Reference specifications for various materials published by TxDOT's Construction Division with a DMS-XXXXX numbering system. 3.49. Direct Traffic Culvert.Concrete box culvert whose top slab is used as the final riding surface or is to have an overlay or other riding surface treatment. 3.50. Disadvantaged Business Enterprise.A small business certified through the Texas Unified Certification Program in accordance with 49 CFR Part 26,that is at least 51%owned by one or more socially and economically disadvantaged individuals,or in the case of a publicly owned business,in which is at least 51% of the stock is owned by one or more socially and economically disadvantaged individuals,and whose management and daily business operations are controlled by one or more of the individuals who own it. 3.51 Divided Highway A highway with separate roadways intended to move traffic in opposite directions. 3.52. Easement.A real property right acquired by one party to use land belonging to another party for a specified purpose. 3.53. Engineer The Professional Engineer licensed in Texas who represents the interests of the Owner 3.54 Entity Political subdivision for which the project is designed and constructed.Either a Municipality(City)or a County or-other entity organized under the authority of State of Texas statutes.May also be referred to as an Owner 3.55. Expressway A divided arterial highway for through traffic with full or partial control of access and generally with grade separations at intersections. Paae 22 of 539 3.56. Family Member A family member of an individual is the individual's parent,parent's spouse,step-parent, step-parent's spouse,sibling,sibling's spouse,spouse,child,child's spouse,spouse's child,spouse's child's spouse,grandchild,grandparent,uncle,uncle's spouse,aunt,aunt's spouse,first cousin,or first cousin's spouse. 3.57 Force Account.Payment for directed work based on the actual cost of labor,equipment,and materials furnished with markups for project overhead and profit. 3.58. Freeway An expressway with full control of access. 3.59 Frontage Road.A local street or road auxiliary to and located along an arterial highway for service to abutting property and adjacent areas and for control of access(sometimes known as a service road,access road,or insulator road). 3.60. Hazardous Materials or Waste.Hazardous materials or waste include,but are not limited to,explosives, compressed gas,flammable liquids,flammable solids,combustible liquids,oxidizers,poisons,radioactive materials,corrosives,etiologic agents,and other material classified as hazardous by 40 CFR 261,or applicable state and federal regulations. 3.61 High-Pressure Water Blasting.Water blasting with pressures between 5,000 and 10,000 psi. 3.62. Highway,Street,or Road.General terms denoting a public way for purposes of vehicular travel,including the entire area within the right of way Recommended usage in urban areas is highway or street;in rural areas,highway or road. 3.63. Historically Underutilized Business.A corporation,sole proprietorship,partnership,or joint venture formed for the purpose of making a profit certified by the Texas Comptroller of Public Accounts,and 51%owned by one or more persons who are economically disadvantaged because of their identification as members of certain groups,including African Americans,Hispanic Americans,Asian-Pacific Americans,Native Americans,or women,and have a proportionate interest and demonstrate active participation in the control, operation,and management of the business'affairs.Individuals meeting the HUB definition are required to be residents of the State of Texas.Businesses that do not have their primary headquarters in the State of Texas are not eligible for HUB certification. 3.64 Incentive/Disincentive Provisions.An adjustment to the Contract price of a predetermined amount for each day the work is completed ahead of or behind the specified milestone,phase,or Contract completion dates.The amount of the incentive/disincentive is determined based on estimated costs for engineering, traffic control,delays to the motorists,and other items involved in the Contract 3.65. Independent Assurance Tests.Tests used to evaluate the sampling and testing techniques and equipment used in the acceptance program.The tests are performed by the Owner or the Owner's representative and are not used for acceptance purposes. 3.66. Inspector The person assigned by the Owner to inspect any or all parts of the work and the materials used for compliance with the Contract. 3.67 Intelligent Transportation System.An integrated system that uses video and other electronic detection devices to monitor traffic flows. 3.68. Intersection.The general area where 2 or more highways,streets,or roads join or cross,including the roadway and roadside facilities for traffic movements within it 3.69. Island.An area within a roadway from which vehicular traffic is intended to be excluded,together with any area at the approach occupied by protective deflecting or warning devices. Page 23 of 539 3.70. Joint Venture.Any combination of individuals,partnerships,limited liability companies,or corporations submitting a single bid form. 3.71 Lane Rental.A method to assess the Contractor daily or hourly rental fees for each lane,shoulder,or combination of lanes and shoulders taken out of service. 3.72. Letting.The receipt,opening,tabulation,and determination of the apparent low Bidder 3.73. Letting Official.The Owner representative empowered by the Owner to officially receive bids and close the receipt of bids at a letting. 3.74 Licensed Professional Engineer A person who has been duly licensed by the Texas Board of Professional Engineers to engage in the practice of engineering in the State of Texas;also referred to as a.Professional Engineer 3.75. Limits of Construction.An area with established boundaries,identified within the highway right of way and easements,where the Contractor is permitted to perform the work. 3.76. Local Street or Road.A street or road primarily for access to residence,business,or other abutting property 3.77 Low-Pressure Water Blasting.Water blasting with pressures between 3,000 and 5,000 psi. 3.78. Major Item.An item of work included in the Contract that has a total cost equal to or greater than 5%of the original Contract or$100,000 whichever is less.A major item at the time of bid will remain a major item.An item not originally a major item does not become one through the course of the Contract. 3.79 Material Producer List.TxDOT-maintained list of approved products.Referenced as"Department's MPL" 3.80. Materially Unbalanced Bid.A bid that generates a reasonable doubt that award to the Bidder submitting a mathematically unbalanced bid will result in the lowest ultimate cost to the Owner 3.81 Mathematically Unbalanced Bid.A bid containing bid prices that do not reflect reasonable actual costs plus a reasonable proportionate share of the Bidder's anticipated profit,overhead costs,and other indirect costs. 3.82. Median.The portion of a divided highway separating the traffic lanes in opposite directions. 3.83. Milestone Date.The date that a specific portion of the work is to be completed,before the completion date for all work under the Contract. 3.84 Monolithic Concrete Placement.The placement of plastic concrete in such manner and sequence to prevent a construction joint. 3.85. National Holidays.January 1,the last Monday in May,July 4,the first Monday in September,the fourth Thursday in November,and December 24 or December 25. 3.86. Nonhazardous Recyclable Material.A material recovered or diverted from the nonhazardous waste stream for the purposes of reuse or recycling in the manufacture of products that may otherwise be produced using raw or virgin materials. 3.87 Nonresident Bidder A Bidder whose principal place of business is not in Texas.This includes a Bidder whose ultimate parent company or majority owner does not have its principal place of business in Texas. 3.88. Nonresponsive Bid.A bid that does not meet the criteria for acceptance contained in the bid documents. Page 24 of 539 3.89. Non-Site-Specific Contracts.Contracts in which a geographic region is specified for the work and for which work orders,with or without plans,further detail the limits and work to be performed. 3.90. Notice to Proceed,Written notification to the Contractor authorizing work to begin. 3.91 Notification.Either written or oral instruction to the Contractor concerning the work.Voice mail is oral notification. 3.92. Owner,Political subdivision for whom the project is designed and constructed.Either a Municipality(City),a County or other entity organized under the authority of State of Texas statutes.May also be referred to as an Entity 3.93. Pavement.That part of the roadway having a constructed surface for the use of vehicular traffic. 3.94 Pavement Structure.Combination of surface course and base course placed on a subgrade to support the traffic load and distribute it to the roadbed. 3.941 Surface Course.Pavement structure layers designed to accommodate the traffic load.The top layer resists skidding,traffic abrasion,and the disintegrating effects of climate and is sometimes called the wearing course. 3.94.2. Base Course.One or more layers of specified material thickness placed on a subgrade to support a surface course. 3.94.3. Subgrade.The top surface of a roadbed upon which the pavement structure,shoulders,and curbs are constructed. 3.94 4 Subgrade Treatment.Modifying or stabilizing material in the subgrade. 3.95. Payment Bond.The security executed by the Contractor and the Surety,furnished to the Owner to guarantee payment of all legal debts of the Contractor pertaining to the Contract. 3.96. Performance Bond.The security executed by the Contractor and the Surety,furnished to the Owner to guarantee the completion of the work in accordance with the terms of the Contract. 3.97 Plans.The approved drawings,including true reproductions of the drawings that show the location, character,dimensions,and details of the work and are a part of the Contract. 3.98. Power of Attorney for Surety Bonds.An instrument under corporate seal appointing an attorney-in-fact to act on behalf of a Surety in signing bonds. 3.99. Qualification.The process for determining a Contractor's eligibility to be awarded a construction contract 3.100. Qualification Statement.The forms on which required information is furnished concerning the Contractor's ability to perform and finance the work. 3.101 Prequalified Contractor A contractor that is approved to bid on TxDOT contracts by satisfying their Prequalification Process. 3.102. Post Qualfication.The owner will determine if contractors are qualified to bid on the project after bids are open. The bid documents will identify the minimum requirements that contractor must meet to be qualified for the project.Unqualified contractors'bids will be considered non-responsive and not accepted. 3.103. Project-Specific Location.A material source,plant,waste site,parking area,storage area,field office, staging area,haul road,or other similar location either outside the project limits or within the project limits but not specifically addressed in the Contract. Page 25 of 539 3.104 Proposal Guaranty The security furnished by the Bidder as a guarantee that the Bidder will enter into a Contract if awarded the work. 3.105. Quality Assurance.Sampling,testing,inspection,and other activities.conducted by the Engineer to determine payment and make acceptance decisions. 3.106. Quality Control.Sampling,testing,and other process control activities conducted by the Contractor to monitor production and placement operations. 3.107 Ramp.A section of highway for the primary purpose of making connections with other highways. 3.108. Referee Tests.Tests requested to resolve differences between Contractor and Ownertest results.The referee laboratory is the Owners 3.109. Regular Item.A bid item contained in the bid documents and not designated as an additive alternate or replacement alternate bid item. 3.110. Rental Rate Blue Book for Construction Equipment.Publication containing equipment rental rates. 3.111 Replacement Alternate.A bid item identified on the bid documents that a Bidder may substitute for a specific regular item of work. 3.112. Responsive Bid.A bid that meets all requirements of the advertisement and the bid documents for acceptance. 3.113. Right of Way A general term denoting land or property devoted to transportation purposes. 3.114 Roadbed.The graded portion of a highway prepared as foundation for the pavement structure and shoulders.On divided highways,the depressed median type and the raised median type highways are considered to have 2 roadbeds.Highways with a flush median are considered to have 1 roadbed.Frontage roads are considered separate roadbeds. 3.115. Road Master A railroad maintenance official in charge of a division of railway 3.116. Roadside.The areas between the outside edges of the shoulders and the right of way boundaries.Unpaved median areas between inside shoulders of divided highways and areas within interchanges are included. 3.117 Roadway The portion of the highway(including shoulders)used by the traveling public. 3.118. Sandblasting,Dry Spraying blasts of pressurized air combined with sand. 3.119 Sandblasting,Wet.Spraying blasts of pressurized water combined with sand. 3.120. Shoulder That portion of the roadway contiguous with the traffic lanes for accommodation of stopped vehicles for emergency use or for lateral support of base and surface courses. 3.121 Shot Blasting.Spraying blasts of pressurized air combined with metal shot. 3.122. Sidewalk.Portion of the right of way constructed exclusively for pedestrian use. 3.123. Slurry Blasting.Spraying blasts of pressurized air combined with a mixture of water and abrasive media. 3.124 Special Provisions.Additions or revisions to these standard specifications or special specifications. 3.125. Special Specifications.Supplemental specifications applicable to the Contract not covered by these standard specifications. Page 26 of 539 3.126. Specifications.Directives or requirements issued or made pertaining to the method and manner of performing the work or to quantities and qualities of materials to be furnished under the Contract.References to DMSs,ASTM or AASHTO specifications,or TxDOT bulletins and manuals,imply the latest standard or tentative standard in effect on the date of the bid.The Owner will consider incorporation of subsequent changes to these documents in accordance with Item 4L,"Scope of Work." 3.127 Small Business Enterprise.A firm(including affiliates)whose annual gross receipts do not exceed the U.S. Small Business Administration's size standards for 4 consecutive years. 3.128. State.The State of Texas. 3.129. State Holiday A holiday authorized by the State Legislature excluding optional state holidays and not listed in Section 1.3.85.,"National Holidays."A list of state holidays can be found on the TxDOT's website. 3.130. Station.A unit of measurement consisting of 100 horizontal feet. 3.131 Subcontract.The agreement between the Contractor and subcontractor establishing the obligations of the parties for furnishing of materials and performance of the work prescribed in the Contract documents. 3.132. Subcontractor An individual,partnership,limited liability company,corporation,or any combination thereof that the Contractor sublets,or proposes to sublet,any portion of a Contract,excluding a material supplier,a hauling firm hauling only from a commercial source to the project,truck owner-operator,wholly-owned subsidiary,or specialty-type businesses such as security companies and rental companies. 3.133. Subsidiary Materials,labor,or other elements that because of their nature or quantity have not been identified as a separate item and are included within the items on which they necessarily depend. 3.134 Substructure.The part of the structure below the bridge seats,but not including bearings,drilled shafts,or piling.Parapets,back walls,wing walls of the abutments,and drainage structures are considered parts of the substructure. 3.135. Superintendent.The representative of the Contractor who is available at all times and able to receive instructions from the Owner or authorized Owner representatives and to act for the Contractor 3.136. Superstructure.The part of the'structure above the bridge seats or above the springing lines of arches and including the bearings.Flatwork construction may be considered superstructure. 3.137 Supplemental Agreement.Written agreement entered into between the Contractor and the Owner and approved by the Surety,covering alterations and changes in the Contract.A supplemental agreement is used by the Owner whenever the modifications include assignment of the Contract from one party to another or other cases as desired by the Owner 3.138. Surety The corporate body or bodies authorized to do business in Texas bound with and for the Contractor for the faithful performance of the work covered by the Contract and for the payment for all labor and material supplied in the prosecution of the work. 3.139. Surplus Materials.Any debris or material related to the Contract but not incorporated into the work. 3.140. Suspension.Action taken by the Owner,State,or federal government pursuant to regulation that prohibits a person or company from entering into a Contract,or from participating as a subcontractor,or supplier of materials or equipment used in a contract 3.141 Tex XXX-X. TxDOT material test methods found on TxDOT's Construction Division Web Site. 3.142. Traffic Lane.The strip of roadway intended to accommodate the forward movement of a single line of vehicles. Page 27 of 539 3.143. Traveled Way The portion of the roadway for the movement of vehicles,exclusive of shoulders and auxiliary lanes. 3.144 Truck Owner-Operator An individual who owns and operates 1 truck for hire. 3.145. UT-Bridge.TxDOT-owned software for steel girder erection.Software is available on TxDOT's website. 3.146. UT-Lift.TxDOT-owned software for steel girder erection.Software is available on TxDOT's website. 3.147 Utility Privately,publicly,or cooperatively owned lines,facilities,and systems for producing,transmitting,or distributing communications,power,heat,gas,oil,water,waste,or storm water that are not connected with the highway drainage,signal systems,or other products that directly or indirectly serve the public;the utility company 3.148. Verification Tests.Tests used to verify accuracy of QC and QA and mixture design testing. 3.149. Water-Abrasive Blasting.Spraying blasts of pressurized water combined with abrasive media. 3.150. Water Blasting.Spraying blasts of pressurized water of at least 3,000 psi. 3.151 Water-Injected Abrasive Blasting.Abrasive blasting with water injected into the abrasive/air stream at the nozzle. 3.152. Wholly-Owned Subsidiary A legal entity owned entirely by the Contractor or subcontractor 3.153. Work.The furnishing of all labor,materials,equipment,and other incidentals necessary for the successful completion of the Contract. 3.154 Written Notice.Written notice is considered to have been duly given if delivered in person to the individual or member to whom it is intended or if sent by regular,registered,or certified mail and delivered to the last known business address;sent by facsimile to the last known phone number;or sent by e-mail to the last known address.The date of the letter will serve as the beginning day of notice.Unclaimed mail or failure to provide current mailing address will not be considered a failure to provide written notice. ) Page 28 of 539 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Section 00200 INSTRUCTIONS TO BIDDERS(LGPP) 1 Defined Terms 1 1 The term "Owner" hereinafter is defined as the City of Pearland and is used mterchangeably with the term"the City" Both terms are synonymous and refer to the City of Pearland and may be used rater-changeably 1.2 The term "Bidder" means one who submits a Bid Proposal directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder The term "Successful Bidder" means the Lowest Responsible Bidder to whom the Owner (on the basis of Owner's evaluation as heremafter provided)makes an award. The term"Bid Documents" includes the Invitation to Bidders, Instructions to Bidders, the Bid Proposal, and the proposed Contract Documents(plans and specifications including all Addenda issued prior to bid openmg). 1.3 The term "E-bid System" refers to the City's electronic bidding system. This is a web-based system (Ion Wave) that provides all Bid Documents electromcally to mterested parties (potential Bidders and forms the pathway for Bidders to submit bids in response to The Invitation to Bid. The term "e-bid" and/ or "electromc bid" means the Bidders' electronic response submitted on the electronic Bid Proposal with all required attachments to the Owner by way of the E-bid System. The terms "electronic bid" or"e-bid" are used inter-changeably to describe the above bid submittal process to submit a bid to the City in response to an Invitation to Bidders. 1 4 The term "project management system" means the City's web-based contract administration and construction records management software used by the contracting parties to admimster the project. This system serves as the web accessed centralized project information hub for communications and)document management, pay application processmg and record retention for all project documentation. Operational instructions for accessing this system will be issued to the successful Bidder at the pre-Construction Meeting. 1.5 All other definitions set out in the Contract Documents are applicable to terms used in the Bidding Documents. 1 6 Unless otherwise expressly provided herein, all references to "day(s)" shall mean consecutive calendar day(s). 1 7 The term "Alternate(s)" or "Add Alternate(s)" as used here inter-changeably are defined as an additive work item that may be selected or rejected by the Owner based on the Owner's sole acceptance or rejection of the pnce proposed for this item. Alternate bid pnces shall include all labor, material, equipment and overhead costs to perform the work as specified, complete m place. When selected by the Owner, the costs for an Alternate work item shall be added to the Base Bid price and made a part of the Contract price 04-2018 00200-1 of 9 Page 29 of 539 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 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/Logm.aspx. Bid documents can be viewed by simply selecting a specific project from the BID OPPORTUNITIES list and clicking on that project AFTER registration as a Supplier Interested Bidders MUST REGISTER as a "Supplier" by clicking on the Supplier Registration button and completing the registration form. When prompted to add or remove commodity codes registrants must add the codes hsted below- * Building Construction Services,New(Includes Maintenance and Repair Services) * Construction Services, General(Includes Maintenance and Repair Services) * Construction Services,Heavy(Includes Maintenance and Repair Services) * Construction Services, Trade(New Construction) Select the appropriate Time Zone for the Bidder's location and whether that location observes Daylight Savings time. Complete the registration mformation providing all required contact information and establish password security for the E-bid System. Once complete,"suppliers" will receive emails notifying of future bid opportunities. Downloadmg any project bid data will automatically place the bidder's contact information on the list of plan holders and the E-bid System will automatically send any and all updates,addenda, changes or additional information associated with that project. 2.2 The electronic Bid Proposal can only be submitted through this system. The form can be printed for Bidder's use, but the Bid Proposal MUST be submitted on the electronic form within the E-bid System. 2.3 Questions regarding use of the E-bid System may be directed by email to ebidsna,pearlandtx.gov 3 Copies of Bidding Documents 3 1 Complete sets of "electromc" Biddmg Documents are available for download to registered Bidders at No Cost from the City's E-bid System at: https.//pearland.ionwave.net/Logm.aspx.Interested Bidders must register as a"Supplier"on this site in order to receive the Bid Documents, and all Addenda or other notifications of changes, including communications from the Owner or Engmeer All Bid Documents are available to download and print. 3.2 The Bidder accepts sole responsibility for ensuring that he obtams a full set of these documents by completing the registration and executing a full and complete download of the project documents. Downloading of Bid Documents automatically ensures receipt of any and all subsequent communications,addenda or additional information from the City or its Engineer 3.2 Copies of Bidding Documents are available or may be viewed at any of the Plan Houses listed in the Invitation to Bidders. It is recommended that all mterested Bidders,whether bidding directly to the Owner or Sub-bidders/Vendors providing pricing to a Bidder, register as a Supplier and download all of the project Bid Documents. 3.3 Complete sets of Bidding Documents must be used in preparing Bid Proposals, neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of mcomplete sets of Bidding Documents including,but not limited to all Addenda issued prior to bid. 3 4 Owner and Engmeer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bid Proposals on the Work, and do not confer a license or grant for any other use. 04-2018 00200-2 of 9 Page 30 of 539 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 4 Qualifications of Bidders 4 1 In determining to whom to award a contract, the City of Pearland may consider, m addition to the other selection cnteria identified in section 16 of these Instructions to Bidders, the following Qualifications of Bidder, and each Bidder must be prepared to submit within two (2)days of Owner's request any or all of such Qualifications requested. Failure to provide this information within the specified time frame may be cause for rejection of theBid. 1) A bnef narrative of previous experience of the Bidder with projects of a similar nature and scope; specifically including a list of 5 representative projects completed by the Bidder of a similar nature and scope to the work covered by this proposed Contract. The references for the projects provided must include the cost of the project,Owner's name,Engineer or prime contact and telephone number; 2) A list, including owner name and project location, of on-gomg projects and contracts for construction of projects of the Bidder which are not yet substantially complete including total contract value and current percent complete by payment; 3) A list of proposed subcontractors and suppliers for the project being bid and the total value of work awarded to subcontractors as shown on the Subcontractors List Bid Form, 4)A list of names, address and telephone number of references for other projects completed by Bidder; and 5)A Financial Statement of Bidder,consisting of the balance sheet and annual income statement of Bidder for the Bidder's last fiscal year end preceding the submission of the Bid Proposal, which has been audited or examined by an independent certified public accountant. The Financial Statement of Bidder shall be used to determine a Bidder's net working capital, which is defined as current assets less current liabilities. A Bidder's net working capital shall be considered evidence of the Bidder's ability to provide sufficient financial management of the project being bid. The Bidder's Financial Statement shall be clearly and conspicuously ma ked 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 project management system software to administer the construction process and perform the work of the project. 5.2 Any reports of explorations and tests of conditions at the site which have been utilized by the Engineer in preparation of the Contract Documents will be made available to Bidders for review,but such reports are not part of the Contract Documents. Bidder may not and should not rely upon the accuracy of the data contained in such reports, interpretations or opinions contained therein, or the completeness thereof, for the purposes of bidding or construction. 04-2018 00200-3 of 9 Page 31 of 539 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 5.3 Information and data reflected m 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 pertam 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 determme its Bid Proposal prices for performing and fu mshing the Work in accordance with the Contract Time, Contract Price and other terms and conditions of the Contract Documents. 5.5 On request in advance, Owner will provide each prospective Bidder access to the site to conduct such explorations and tests as each prospective Bidder deems necessary for submission of a Bid Proposal. Prospective Bidders shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 5 6 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands, access thereto or contractual arrangements for use by the Contractor required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor Easements for permanent structures or permanent changes m 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 fumishing 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 m 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 Biddmg 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. 04-2018 00200-4 of 9 Page 32 of 539 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 7 Bid Security 7 1 Each Bid Proposal must be accompanied by bid security made payable to Owner in an amount of five percent(5%) of the Bidder's maximum Bid Proposal price, in the form of a certified check, cashier's check or a Bid Bond("Bid Security"). 7.2 Bidders submitting bids through the E-bid System shall scan and up-load a copy of their Bid Security(sealed Bid Bond,Certified Check or Cashier's Check)as an attachment to their electronic bid. Original documents for Bid Security shall be requested by the City from the lowest two bidders and delivered to the City's Purchasing Officer within 48 business hours of the Bid Opening. Bid Security shall be delivered to Office of City Purchasing, City Hall Annex, 3523 Liberty Drive, Pearland, Texas 77581 7.3 The Bid Security of the Successful Bidder will be retained until such time as Bidder has executed the Standard Form of Agreement,and furnished the required Performance and Payment Bonds, whereupon the Bid Security of both bidders will be returned. If the Successful Bidder fails to execute and deliver the Standard Form of Agreement and furmsh 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 retamed 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 m 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 m the Standard Form of Agreement. 10 Substitute or "Or-Equal"Items 10 1 The Contract, if awarded, will be on the basis of the specified materials and equipment described in the Plans and Specifications without consideration of possible substitute or "or- equal" items unless otherwise stated. Whenever it is indicated in the Plans or specified in the Specifications that a substitute or"or-equal" item of material or equipment may be furnished or used by the Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Agreement becomes effective All "or-equal"references shall be mterpreted to mean "or Owner approved equal" Any substitution made by the Bidder upon which the bid is based shall be at the Bidder's sole nsk. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in the Contract Documents 04-2018 00200-5 of 9 Page 33 of 539 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 11 Bid Form 11 1 The Bid Proposal form (Section 00300 — Bid Proposal) is included with the Bidding Documents when downloaded. This Document must be printed and signed, as required below, and then uploaded as an Attachment to the Bid. All E-bids must be submitted on the City's official E-bid System Bid Proposal document. All blanks on the Bid Proposal form must be completed or filled in. The Bidder shall bid all Alternates, if any Incomplete Bid Proposals may be cause forrejection. 11.2 Bid Proposals by corporations must be executed in the corporate name by the president or a vice-president(or other corporate officer accompanied be evidence of authority to sign)and the corporate seal must be affixed and attested by the secretary or an assistant secretary The corporate address and state of incorporation must be shown below the signature. Once executed the document is to be uploaded as an attachment to the Bid. 11.3 Bid Proposals by partnerships must be executed in the partnership name and signed by a general partner, whose title must appear under the signature, and if a corporate general partner, executed as required above for corporations and the official address of the partnership must be shown below the signature All names must be typed or printed below the signature. Once executed the document is to be uploaded as an attachment to the Bid. 11 4 The Bidder shall acknowledge receipt of all Addenda (the number of which must be filled m on the Bid Proposal form) Failure to do so could be cause for rejection of the Bid. 11 6 The address and telephone number for communications regarding the Bid Proposal must be shown on the Bid Proposal form. 12. Submission of Bid Proposals 12.1 The place, date and/or time designated for opening Bid Proposals may be changed in accordance with applicable laws, codes and ordinances. Any such changes to the Bid Schedule shall be made by Addenda. 12.2 Electronic Bids shall be submitted per the requirements, mstructions, 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 berejected. 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.(m the manner that a Bid Proposal must be executed) and delivered to Office of City Purchasing, City Hall Annex, 3523 Liberty Drive, Pearland, Texas 77581 and submitted any time prior to the opening of Bid Proposals. 04-2018 00200-6 of 9 Page 34 of 539 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 13.3 A Bidder may not modify or withdraw its Bid Proposal by facsimile or verbal means. A withdrawn Bid Proposal may be resubmitted pnor to the designated time for opemng Bid Proposals.No bid may be withdrawn or terminated for a penod of ninety(90) days subsequent to the bid opening date without the consent of the City of Pearland. 13 4 If,within twenty-four(24) hours after Bid Proposals are opened,any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material mistake in the preparation of its Bid Proposal, that Bidder may request to withdraw its Bid Proposal and the bid security may be returned or,at the discretion of the Owner, Owner may make a claim against the bid security Thereafter, that Bidder will be disqualified from further biddmg on the Project to be provided under the Contract Documents 13 5 Bid securities for unsuccessful Bidders will be returned to bidders once a successful Bidder has be identified and notified of the Owner's intent to award a contract. 14 Opening of Bid Proposals 14 1 Bid Proposals will be opened'and(unless obviously non-responsive)read aloud pubhcly An abstract of the amounts of the base Bid Proposals and major alternates (if any)will be made available to Bidders after the opening of Bid Proposals through E-Bid. Bid Proposals, m 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 therem as being trade secrets or confidential information. 15 Bid Proposals to Remain Subject to Acceptance 15 1 All Bid Proposals will remain subject to acceptance for ninety(90) days after the day of the Bid Proposal opening, but Owner may, in its sole discretion, release any Bid Proposal and return the bid security prior to that date. 16 Award of Contract 16 1 Owner reserves the right to reject any and all Bid Proposals, to waive any and all mformahties not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder Owner may reject a bid as non-responsive if: 1) Bidder fails to provide required Bid Security; 2) Bidder improperly or illegibly completes or fails to complete all information required by the Bidding Documents, 3) Bidder fails to sign the Bid Proposal or improperly signs the Bid Proposal, 4) Bidder qualifies its Bid Proposal, 5) Bidder tardily or otherwise improperly submits its Bid Proposal, 6) Bidder fails to submit the Qualifications of Bidder as required under section 4 of these Instructions to Bidders; or 7) Bid Proposal is otherwise non-responsive. Contracts are awarded on the basis of the Lowest Responsible Bidder 16.2 The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial Statement of bidder, if requested to do so As required by the Instructions to Bidders and as a condition of Bid acceptability, the Contractor hereby agrees: 04-2018 00200-7 of 9 Page 35 of 539 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 1 That the Prime Contractor, the entity named herem as the Bidder, will perform thirty percent (30%) or more of the work of the Contract and that this will be reflected in monthly pay application, 2. That the City, as Owner and Contract Administrator, retains the right to review and approved Contractor's and all Subcontractor's DBE Certifications and to reject and Bid or Subcontractor failing to meet these requirements;and 3 That the City, as Owner and Contract Administrator, retams the right to review and approve the Contractor's and all Subcontractors' qualifications to perform the Work of the Contract and to reject any Subcontractor not meetmg the City's standards, as outlined in the General Conditions, or TxDOT's and FHWA qualifications for performing the Work. 16.3 Lowest Responsible and Responsive Bidder In determmmg Lowest Responsible and Responsive Bidder, Owner will consider Lowest Total Bid price for all work mcluding Base Bid, Extra Work, Add Alternates and Cash Allowances, if any, and any other cost cntena. Additional evaluation criteria may include the Qualifications of the Bidders,whether or not the Bid Proposals comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Proposal form or prior to the Notice of Award. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. A contract to be awarded to the Lowest Responsible Bidder may be let on either a lump sum basis or a unit cost basis dependent on the Bid Proposal format. Acceptance of any and all bids may be conditioned on compliance with the requirement for attendance of the mandatory pre-bid meetmg. 16 4 In either case, Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid Proposal and to establish the responsibility,qualifications and financial ability of Bidders, proposed Subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents, to Owner's satisfaction,within the Contract Time. 16.5 Each Bidder agrees to waive any claim it has or may have against the Owner, the Professional/Engineer, and their respective employees, arising out of or m connection with the administration, evaluation, or recommendation of any bid. 17 Contract Security 17 1 When the Successful Bidder delivers the executed Standard Form of Agreement to Owner, it must be accompanied by the Performance, Payment, Maintenance and Surface Correction Bonds required by the Contract Documents. Bonds may be on the forms provided herein or an equal form containing no substantive changes, as determined by Owner 18 Signing of Agreement 18 1 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Standard Form of Agreement, and the required Performance and Payment Bond forms. Within ten(10) days thereafter Contractor 04-2018 00200-8 of 9 Page 36 of 539 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS shall sign and deliver the required number of counterparts of the Standard Form of Agreement to Owner with the required Bonds. Within ten (10) days thereafter, Owner shall deliver one fully signed counterpart to Contractor There shall be no contract or agreement between Owner and the Successful Bidder until proper execution and attestation of the Standard Form of Agreement by authorized representatives of the Owner 19 Pre-bid Conference 19 1 A pre-bid conference will be'held as indicated in the Invitation to Bid. 20 Retamage 20 1 Provisions concerning retamage are set forth in the Contract Documents. END OF SECTION 04-2018 00200-9 of 9 Page 37 of 539 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS APPENDIX: LGPP BID CHECKLIST Section 00200A-T INSTRUCTIONS TO BIDDERS APPENDIX: LGPP BID CHECKLIST Items checked below represent components,which comprise this Bid Package. If the item is not designated on the left side of the form by the City of Pearland, it is not applicable to this Bid. Bidders are asked to review the Package to ensure that all applicable parts have been mcluded. It is the Bidder's responsibility to be thoroughly familiar with all Bid Requirements and Specifications. Bidder must check the right-hand column when task is completed. Include this form with the Bid Proposal Package. X 1.SECTION 00100 AND 00200—BID SECURITY This Bid Security in the amount of 5% of the bidder's maximum Bid Proposal price made payable to the City Of Pearland. X 2.SECTION 00300—BID PROPOSAL Must be completed and signed in ink. Failure to do so will cause Bid(s) to be rejected. X 3.SECTION 00850—NON-COLLUSION STATEMENT AND AFFIDAVIT Bidder must submit with Bid Package. X 4.SECTION 00850—DEBARMENT CERTIFICATION Bidder must submit with Bid Package. X 5.SECTION 00850—CHILD SUPPORT CERTIFICATION Bidder must submit with Bid Package. X 6.SECTION 00850—CHILD SUPPORT BUSINESS OWNERSHIP FORM Bidder must submit with Bid Package. X 7 SECTION 00850—CERTIFICATION REGARDING LOBBYING Bidder must submit with Bid Package. X 8.SECTION 00850—STATEMENT FOR LOAN GUARANTEES AND INSURANCE Bidder must submit with Bid Package if applicable for the bidder on this project. X 9.SECTION 00850—CONTRACTORS ACKNOWLEDGEMENT OF STORMWATER MANAGEMENT PROGRAM Bidder must submit with Bid Package. 09-2018 00200A-T 1 of 1 Page 38 of 539 CITY OF PEALAND LGPP SUPPLEMENT TO INSTRUCTIONS TO BIDDERS Section 00210-T ITEM 2L—LGPP SUPPLEMENT TO INSTRUCTIONS TO BIDDERS 1. INTRODUCTION Instructions to the Contractor m these specifications are generally written in active voice, imperative mood. The subject of imperative sentences is understood to be"the Contractor" The Owner's responsibilities are generally written in passive voice, indicative mood. Phrases such as "as approved," "unless otherwise approved,""upon approval," "as directed," "as verified," "as ordered," and"as determined"refer to actions of the Engineer unless otherwise stated, and it is understood that the directions, orders, or instructions to which they relate are within the limitations of and authorized by the Contract. 2. ELIGIBILITY OF BIDDERS Bidders on this project are not required to be prequahfied through TxDOT However, Contractors and Subcontractors are required to meet the City's standards as outlined m the General Conditions, Instructions to Bidders, and/or TxDOT's and FHWA qualifications for performing the work. 3. ISSUING BID DOCUMENTS Bid Documents may be obtained from the City's E-bid System at: https.//pearland.ionwave.net/Login.aspx. The Owner will not issue bid documents if one or more of the followmg apply • the Bidder is prohibited from rebidding a specific project due to a bid error on the original bid documents, • the Bidder failed to enter into a Contract on the original award, • the Bidder was defaulted or terminated on the original Contract,unless the Owner terminated for convemence, or • the Bidder or a subsidiary or affiliate of the Bidder has received compensation from the Owner to participate in the preparation of the plans or specifications on which the bid or Contract is based. 4. INTERPRETING ESTIMATED QUANTITIES The quantities hsted in the bid documents are approximate and will be used for the comparison of bids. Payments will be made for actual quantities of work performed in accordance with the Contract. COP 11-2021 Item 2L 1 of 7 Page 39 of 539 CITY OF PEALAND LGPP SUPPLEMENT TO INSTRUCTIONS TO BIDDERS 5. EXAMINING DOCUMENTS AND WORK LOCATIONS Examine the bid documents and specified work locations before submitting a bid for the work. Submitting a bid will be considered evidence that the Bidder has performed this examination. Be aware of the difficulty of accurately classifying all matenal encountered in making foundation investigations,the possible erosion of stream channels and banks after survey data have been obtained, and the unreliability of water elevations other than for the date recorded. Oral explanations, instructions, or consideration for Contractor-proposed changes in the bid documents given during the bidding process are not binding. Only requirements mcluded in the bid documents and Owner-issued addenda are binding. Request explanations of documents at least five (5) days prior to the bid opening. Immediately notify the Owner of any error, omission, or ambiguity discovered m any part of the bid documents. The Owner will issue addenda when appropriate. 6. PREPARING THE BID Prepare the bid form(Section 0300-Bid Form)mcluded with the Bidding Documents when downloaded. The Document must be prmted and signed, and then uploaded as an Attachment to the Bid. Specify a unit price m dollars and cents for each regular item, additive alternate item, deductive alternate item or replacement alternate item for which an estimated quantity is given. When"Working Days" is an item, submit the number of working days to be used to complete the Contract or phases of the Contract. The Owner will not accept an mcomplete bid.A bid that has one or more of the deficiencies listed below is considered incomplete: • the bid form was not signed, • all certifications were not acknowledged, • a regular item, additive alternate item or deductive alternate item is left blank, • a regular item and the correspondmg replacement alternate item are left blank, • the bid form submitted had the incorrect number of items, or • all addenda were not acknowledged. 7. NONRESPONSIVE BID The Owner will not accept a nonresponsive bid.A bid that has one or more of the deficiencies listed below is considered nonresponsive. COP 11-2021 Item 2L 2 of 7 Page 40 of 539 CITY OF PEALAND LGPP SUPPLEMENT TO INSTRUCTIONS TO BIDDERS • The bid was not m the hands of the Letting Official at the time and location specified in the advertisement. • A bid was submitted for the same project by a Bidder or Bidders and one or more of its partners or affiliates. • The Bidder failed to acknowledge receipt of all addenda issued. • The bid form was signed by a person who was not authorized to bmd the Bidder or Bidders. • The bid guaranty did not comply with the requirements contained m this Item. • The bid was in a form other than the official bid form issued by the Owner • The Bidder modified the bid in a manner that altered the conditions or requirements for work as stated in the bid documents. • The Bidder bid more than the maximum or less than the minimum number of allowable working days when working days was an item. • The Bidder did not attend a specified mandatory pre-bid conference. • The Bidder did not meet the requirements of the technical qualification. • The Bidder did not include a signed State of Texas Child Support Business Ownership Form. • The bidder does not meet the Owner's standard requirements. 8. SUBMITTAL OF BIDS 8.1 Electronic Bids. When electronic bidding is available,the Bidder is responsible for taking the appropnate measures to submit a bid. These measures include,but are not limited to, acquiring hardware, software,and Internet connectivity needed for submittmg a bid via the Owner's bidding system. 8.1 1 Bid Form.Use the electronic bid form in the Owner's bidding system. When regular bid items have corresponding replacement alternate items, select the bid item or group of items to be used for the bid tabulation. Acknowledge all addenda listed m the Owner's bidding system. The electronic bid form may not contam the special provisions, special specifications, general notes, and other Contract documents. These documents are included by reference. 8.1.2. Bid Security Provide a bid security in the amount indicated on the bid form. Acceptable forms include a certified check, cashier's check or Bid Bond. For a joint venture,the bond must be in the name of all joint venture participants. Enter the bond authonzation code into the Owner's bidding system. It is the Bidder's responsibility to ensure the bid bond is issued in the name or names of the Bidder or Bidders. COP 11-2021 Item 2L 3 of 7 Page 41 of 539 CITY OF PEALAND LGPP SUPPLEMENT TO INSTRUCTIONS TO BIDDERS 8.1.3. Submittal of Bid. Submit the bid using the Owner's bidding system. 8.14 Revising the Bid Form. Make desired changes as allowed by the Owner's bidding system up until the time and date set for the opening of bids. The last bid submitted will be used for tabulation purposes. 8.1.5. Withdrawing a Bid. Submit an electromc or wntten request to withdraw a bid before the time and date'set for the opening. The Owner will not accept oral requests. An electronic request must be made usmg the Owner's bidding system. A wntten request must be signed and submitted to the Purchasing Officer with proof of identification. The request must be made by a person authorized to bind the Bidder or Bidders. In the case of joint venture, the Owner will accept a request from any person authonzed to bind a party to the joint venture. The Owner may require written delegation of authonty to withdraw a bid when the individual sent to withdraw the bid is not authorized to bind the Bidder or Bidders. 8.2. Printed Bid. 8.2.1 Bid Form. Mark all entries in ink. As an alternative to hand writing the umt prices m the bid form, submit a typed bid form. A typed bid form must contain the information m the format shown on the"Bid Proposal"in the bid form. When regular bid items have corresponding replacement alternate items, select the bid item or group of items to be used for the bid tabulation. Acknowledge all addenda by uutiahng on the appropriate line of Bid Proposal Part A. Provide the complete and correct name of the Bidder submitting the bid. A person authorized to bind the Bidder must sign the bid form. In the case of a joint venture,provide the complete and correct name of all Bidders submitting the bid. In the case of a joint venture,the person signing the bid form must be authonzed to bind all joint venture participants. If a bid form contains both regular items for domestic steel or iron materials and replacement alternate items for foreign steel or iron materials,the Bidder must either ■ submit unit bid prices for domestic items only, or • submit unit bid prices for both the domestic and foreign items. 8.2.2. Bid Guaranty Provide a bid guaranty in the amount indicated on the bid documents.Use either`a guaranty check or a prmted bid bond. An electronic bid bond may be used as the guaranty Ensure the electronic bid bond meets the requirements of Item 2.8.1.2., "Bid Security,"and submit the electronic bid bond with the printed bid. 8.2.3. Security Check.Make the check payable to the Owner The check must be a cashier's check, drawn by or on a state or national bank, or a state or federally COP 11-2021 Item 2L 4 of 7 Page 42 of 539 CITY OF PEALAND LGPP SUPPLEMENT TO INSTRUCTIONS TO BIDDERS chartered credit union(collectively referred to as "bank"). The check must be dated on or before the date of the bid opening. Postdated checks will not be accepted. The type of check must be indicated on the face of the instrument and the instrument must be no more than 90 days old. A check must be made payable at or through the institution issuing the instrument;be drawn by a bank and on a bank; or be payable at or through a bank. The Owner will not accept personal checks teller's checks or,money orders. 8.2.4 Bid Bond. Use the bid bond form provided by the Owner Submit the bid bond with the powers of attorney attached and in the amount specified. The bond must be dated on or before the date of the bid opening,bear the impressed seal of the Surety, and be signed by the Bidder or Bidders and an authonzed individual of the Surety As an alternative for joint venture Bidders, each of the Bidders may submit a separate bid bond completed as outlined in this section. Bid bonds will only be accepted from Sureties authonzed to execute a bond under and in accordance with State law 8.2.5. Submittal of Bid. Place the completed bid form and the bid secunty m a sealed envelope marked to indicate the contents. When submitting by mail or delivery service,place the envelope m another sealed envelope and address as indicated in the official advertisement or m the bid documents It is the Bidder's responsibility to ensure that the sealed bid arrives at the location described on or before the time and date set for the bid opening. To be accepted,the bid must be in the hands of the Purchasing Officer by that time of opening regardless of the method chosen for delivery 8.2.6. Revising the Bid Form. Make desired changes to the bid form m ink and submit the bid to the Purchasing Officer The Owner will not make revisions to a bid on behalf of a Bidder 8.2.7 Withdrawing a Bid. Submit a written request to withdraw a bid before the time and date set for the opening. The Owner will not accept oral requests. A written request must be signed and submitted to the Purchasing Officer with proof of identification. The request must be made by a person authorized to bind the Bidder or Bidders. In the case of joint venture,the Owner will accept a request from any person authonzed to bind a party to the joint venture. The Owner may require written delegation of authority to withdraw a bid when the individual sent to withdraw the bid is not authorized to bind the Bidder or Bidders. 9. OPENING AND READING OF BIDS At the time, date, and location specified m the official advertisement,the Owner will publicly open and read bids. COP 11-2021 Item 2L 5 of 7 Page 43 of 539 CITY OF PEALAND LGPP SUPPLEMENT TO INSTRUCTIONS TO BIDDERS 10. TABULATING BIDS , 10.1 Official Total Bid Amount. The Owner will sum the products of the quantities and the unit prices bid in the bid form to determine the official total bid amount. Bids will be evaluated for completeness and compliance with specifications by the City The official total bid amount is the basis for determining the apparent low Bidder The total bid amounts will be compared and the results made public. 10.2. Rounding of Unit Prices. The Owner will round off all unit bids involving fractional parts of a cent,to the nearest one-tenth cent($0 001)in determining the amount of the bid as well as computing the amount due for payment of each item under the Contract. For rounding purposes, entries of five-hundredths of a cent ($0 0005) or more will be rounded up to the next highest tenth of a cent,while entries less than five-hundredths of a cent will be rounded down to the next lowest tenth of a cent. 10.3. Interpretation of Unit Prices The Owner will make a documented determination of the unit bid price if a unit bid pnce is illegible or conflictmg in the case of replacement alternate items. The Owner's determination will be final. 10.4 Consideration of Unit Prices. 10.41 A+B Bidding. The official total bid amount will be determined by the summation of the Contract amount and the time element. The Owner will use the following formula to make the calculation. A+Bl +B2 +BX+ +BT The Contract amount, equal to A in the formula, is determined by the summation of the products of the approximate quantities shown m the bid and the unit bid prices bid. The time element, equal to B 1,B2,BX(when phases are included as bid components), and BT(substantial completion of the project when included as a bid component), of the bid is determined by multiplymg the number of workmg days bid to substantially complete the project,or phases,by the daily road-user cost(RUC)provided on the bid documents. When partial days are bid they will be rounded up to the nearest whole day The formula above determines the low Bidder and establishes the Contract time. 10.4.2. "Buy America." Comply with Buy America m accordance with Item 6 1 1 For a Bidder who proposes to use foreign steel or iron materials to be considered the apparent low Bidder,their total bid must be at least 25% lower than the next lowest bid if that bid proposes to use domestic steel or iron materials. This requirement does not apply to minimal use of steel or iron materials provided that the total cost of all foreign source items used in the project, as delivered to the project site, is less than$2,500 or one-tenth-of-one-percent(1/10 of 1%) of the Contract amount, whichever is greater COP 11-2021 Item 2L 6 of 7 Paae 44 of 539 CITY OF PEALAND LGPP SUPPLEMENT TO INSTRUCTIONS TO BIDDERS 11 CONSIDERATION OF BID ERRORS. The Owner will consider a claim of a bid error by the apparent low Bidder if the following requirements have been met: • Submit written notification to the Owner within twenty-four hours after the date the bid is opened. • Identify the items of work involved and include bidding documentation. The Owner may request clarification of submitted documentation. The Owner will evaluate the claim of an error by the apparent low Bidder by considering the following: • The bid error relates to a material item of work. • The bid error amount is a significant portion of the total bid. • The bid error occurred despite the exercise of ordinary care. • The delay of the proposed work will not impact cost and safety to the public. Acceptance of the bid error claim by the Owner will result m the rejection of the bid of the apparent low bidder and the Owner may consider the second responsive bid. The erring Contractor will not be allowed to bid the project if it is relet. Rejection of bids due to the Contractor's bid error may result in the application of sanctions by the Owner 12. TIE BIDS If the official total bid amount for 2 or more Bidders is equal and those bids are the lowest submitted, each tie Bidder will be given an opportunity to withdraw their bid. If 2 or more tie Bidders do not withdraw their bids, the low Bidder will be determined by a coin toss. If all tie Bidders request to withdraw their bids,no withdrawals will be allowed and the low Bidder will be determmed by a coin toss. The Purchasing Officer will preside over the proceedings for the coin toss. COP 11-2021 Item 2L 7 of 7 Page 45 of 539 CITY OF PEARLAND SMITH RANCH ROAD EXPANSION BID PROPOSAL PROJECT Section 00300 BID PROPOSAL Part A Date: Bid of711/15 p tj. , L-w"Qf1 Y t'to�n GA, ,an individual proprietorship/a corporatiqn organized an existing under the laws of the State of Texas/a partnership consisting r t A of , for the construction of. SMITH RANCH ROAD EXPANSION(CR 94) HUGHES RANCH TO BROADWAY City of Pearland,Texas COP PN TRI501 ICS,I NO 0912-31-293 iBID NO. ITB 0624-28 (Submitted in Electronic format) To The Honorable Mayor and City Council of Pearland City of Pearland 3519 Liberty Drive Pearland,Texas 77581 Pursuant to the published Invitation to Bidders,and Instructions to Bidders,the undersigned Bidder hereby proposes to perform all the work and furnish all necessary superintendence, labor, machinery, equipment, tools and materials, and whatever else may be necessary to complete all the work described in or reasonably inferable from the Contract Documents for the construction of the widening of Smith Ranch Road from the existing two-lane asphaltic concrete road to a four-lane divided road containing left-turn lanes, curb and gutter, and a ten-foot-wide shared use path on the west side. The widening begins north of FM 518 and ends at Hughes Ranch Road with all related appurtenances,complete,tested,and operational, in accordance with the Plans and Specifications prepared by DEC,3100 West Alabama,Houston,Texas 77098, Blair C. Stocker, P E. for the unit prices or applicable prices set forth in Exhibit"A",the electronic bid form as contained in the City's E-bid system, which, once fully executed and submitted shall constitute a legal and executable proposal from the Bidder It is understood that, in the event any changesare ordered on any part of the Work,the applicable unit prices bid shall apply as additions to or deductions from the total prices for the parts of the Work so changed. The Bid Security required under the Instructions to Bidders is included and has been uploaded as an attachment within the E-bid system and,that a fully executed,signed and sealed hard copy has been delivered to the Office of City Purchasing, Finance Department, City Hall Annex 3523 Liberty Drive, Pearland,Texas 77581 The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial Statement of Bidder,as required by the Instructions to Bidders if requested to do so as a condition of the Bid review Bidder's Initial's: ea, 10.2012 00300- 1 of 3 Page 46 of 539 CITY OF PEARLAND SMITH RANCH ROAD EXPANSION BID PROPOSAL PROJECT 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 Part B of this proposal along with all required insurance in the required amounts. The undersigned Bidder agrees to commence work within 10 days of the date of a written Notice to Proceed. It is understood that the Work is to be Substantially Complete within Three Hundred and Sixty Five (365)days after the date of the Notice to Proceed. Time for Substantial Completion shall begin on the date established by the Notice to Proceed. The Contractor will pay liquidated damages in the amount(s) specified in Document 00500 — Standard Form of Agreement, in the event the Work is not Substantially Complete within the Contract Time. The undersigned agrees that the amounts bid in this Bid Proposal will not be withdrawn or modified for ninety (90) days following date of Bid Proposal opening, or such longer period as may be agreed to in writing by the City of Pearland and Bidder It is understood that in the event the Successful Bidder fails to enter into the Standard Form of Agreement and/or to furnish an acceptable Performance and Payment Bond and Maintenance Bond, each in the amount of one hundred (100) percent of the Contract Price, along with all required insurance in the stated amounts within ten (10) days of the Notice of Award, the Successful Bidder will forfeit the Bid Security as provided in the Instructions to Bidders. Unless otherwise expressly provided herein;all references to"day(s)"shall mean calendar day(s). The Bidder acknowledges that the following Addenda have been received. The modifications to the Bidding Documents noted therein have been considered and all costs thereto are included in the Bid Proposal prices. Addendum No I Date ' Addendum No Date Addendum No L— Date ', Addendum No Date. Bidder hereby represents that the only person or parties interested in this offer as principals are those named. Bidder has not directly or indirectly entered into any agreement,participated in any collusion,or otherwise taken any action in restraint of free competitive bidding. Firm Name By C.I Title Aft., - _ Address. 2D4I0 • [ a lilv.Sitt"13c '7'ZYT Phone No — �Z—CfQ�l ATTEST (Seal, if Bidder is a Corporation) Bidder's Initial's: 10-2012 00300-2 of 3 Page 47 of 539 CITY OF PEARLAND SMITH RANCH ROAD EXPANSION BID PROPOSAL PROJECT (Typed or Print :j ark CAI Signature Date dg',C l 23A END OF SECTION Bidder's initial's: "C--- 10-2012 00300-3 of 3 Page 48 of 539 CITY OF PEARLAND Section 00300 BID PROPOSI Bid Proposal Pert B TR 1501 CSJ 912-31-293 Spec Reference Description QUANTITY UNIT OF MEASURE UNIT BID PRICE TOTAL M SITE WORK,EARTHWORK i AND DEMOUTION 100-6002 PREPARING ROW 40 STA $8,497.00 $339,880.00 104.6001 REMOVING CONC(PAV) 897 SY $4.81 $4,314.57 104-6009 REMOVING CONC(RIPRAP) 495 SY $3.27 $1,618.65 104-6015 REMOVING CONC(SIDEWALKS) 815 SY $2.00 5 1,630.00 104-6017 REMOVING CONC(DRIVEWAYS) 872 SY $4.99 $4,351.28 104-6021 REMOVING CONC(CURB) 457 LF $2.00 $914.00 104-6045 REMOVING CONC(MISC) 2 EA $500.00 $1,000.00 105-6030 REMOVING STAB BASE&ASPH PAV(8°-14")' 10,552 SY $7.00 $73,864.00 110-6001 EXCAVATION(ROADWAY) 2,795 CY $16.00 $44,720.00 132-6006 EMBANKMENT(FINAL)(DENS CONT)(TY C) 14,561 Cr $23.00 $334,903.00 496-6002 REMOV STR(INLET) 10 EA $662.00 $1,324.00 496-6003 REMOV STR(MANHOLE) 2 EA $710.00 $1,420.00 496-6004 REMOV STR(SET) 1 2 EA $662.00 $6,620.00 496-6007 REMOV STR(PIPE) 1,002 LF $25.00 $25,050.00 496.6008 REMOV STR(BOX CULVERT) 59 _ IF $76.00 $4.484.00 500-6001 MOBIUZATION 1 IS $660,000.00 $660,000.00 542-6001 REMOVE METAL BEAM GUARD FENCE 151 LF $5.00 $755.00 644-6076 REMOVE SM RD SN SUP&AM 8 EA $55.00 $440.00 PAVING 260-6012 UME(14YD,COM OR QK)(SLRY)OR QK(_DRY) _ 635 _ TON $352.00 $223,520.00 260-6027 LIME TRT(EXST MATL)(8") 27,462 SY $6.00 $164.772.00 292-6002 ASPHALT STAB BASE(GR 2)(PG 64) 561 TON $142.00 $79,662.00 340-6119 D-GR HMA(SQ)TY-D SAC-A PG70.22 149 TON $371.00 $55,279.00 360-6032 CONC PAV(JOINT REINF)(10") 24,449 SY $84.00 $2,053,716.0( 360-6043 CONC PAV(CONT REINF)(FAST TRACK)(13") 36 SY $270.00 $9,720.00 529-6005 CONC CURB(MONO)(TY II) 13,705 LF $3.00 $41,115.00 530-6004 DRIVEWAYS(CONC) 1,161 SY $76.00 $88,236.00 531-6003 CONC SIDEWALK(6') 2,657 SY $70.00 $185,990.00 531-6008 CURB RAMPS(TY 5) 1 EA $1,550.00 $ 1,550.00 531-6010 CURB RAMPS(TY 7) 10 EA $1,600.00 $ 16,000.00 531-6056 CONC SIDEWALK(10") 839 SY $113.00 $ 94,807.00 536-6005 CONCRETE MEDIAN(NOSE) 61 SY $105.00 $ 6,405.00 450-6051 RAIL(HANDRAIL)(TY E) 193 LF $142.00 $ 27,406.00 STORM SEWER 400-6005 CEM STABIL BKFL 1,656 CY $60.00 $ 99,360.00 400-6009 CEMENT STAB BACKFILL(INLET OR MH) 488 CY $60.00 $ 29,280.00 402-6001 TRENCH EXCAVATION PROTECTION 2,833 IF $1.00 $ 2,833.00 420-6074 CI.C CONC(MISC) 1 CY $1,375.00 $ 1,375.00 432-6001 RIPRAP(CONC)(4 IN) 115 CY $566.00 $65,090.00 432-6002 RIPRAe(GONG)(5 IN) 21 CY $723.00 $ 15,183.00 462-6034 CONC BOX CULV(10FT X 10FT) 58 LF $1,520.00 $88,160.00 464-6004 _RC PIPE(CLIII)(181N) 46 LF $110.00 $ 5,060.00 464-6005 RC PIPE(CLIII)(24 IN) 983 IF $102.00 $ 100,266.00 464-6007 RC PIPE(CLIII)(30 IN) 1,500 IF $111.00 $ 166,500.00 464-6008 RC PIPE(CLIII)(36 IN) 332 LF $151.00 $50,132.00 465-6167 INLET(COMPL)(TY AD) 23 EA $5,700.00 $ 131,100.0G 465-6173 MANH(COMPL)(TY A) 14 EA $7,700.00 $ 107,800.00 465-6176 INLET(COMPL)(CURB)(1Y Cl) 16 EA $6,400.00 $ 102,400.0C 465-6240 INLET(COMPL)(CURB)(TY C1)(STAGE II) 3 EA $9,900.00 $29,700.00 465-6341 INLET(COMPL)(EXT)(TY Cl) 23 EA $2,100.00 $48,300.00 466-6199 WINGWALL(SW-0)(HW=11F7) 1 EA $36.700.00 $36 700.00 SUBTOTAL BID SHEET el $5,634,705.' BIDDER'S INITIALS gill , CITY OF PEARIAND Section 00300 BID PROPOSA Bid Proposal Part B TR 1501 CSJ 912-31-293 BID Spec Reference Description QUANTITY UNIT OF MEASURE UNIT BID PRICE TOTAL ITEM TRAFFIC SIGNS AND PAVEMENT MARKING 636-6001 ALUMINUM SIGNS(TY A) 110 SF $19.00 $2,090.00 644-6001 IN SM RD SN SUP&AM TY1OBWG(1)SA(P) 17 EA $430.00 $7,310.00 662-6062 WK ZN PAV MRK REMOV(W)4"(LNDP) 154 LF $5.00 $770.00 662-6063 WK ZN PAV MRK NON-REMOV(W)41SLD) ! 7,255 LF $0.45 $3,264.75 662-6071 WK ZN PAV MRK REMOV(W)8"(SLD) 530 IF $1.20 $636.00 662-6075 WK ZN PAV MRK REMOV(W)24"(SLD) 149 LF $6.50 S 968.50 662-6095 WK ZN PAV MRK NON-REMOV(Y)4"(SLD) I, 13,175 IF $0.45 $ 5,928.75 666-6018. REFL PAV MRK TY I(W)6"(DOT)(100MIL) ! I00 LF $1.20 $240.00 666-6036 REFL PAV MRK TY I(W)8"(SW)(100MIL) I 1,446 LF $1.35 $ 1,952.10 666-6042 REFL PAV MRK TY I(W)12"(SLD)(100MIL) 165 LF $2.75 $453.75 666-6048 REFL PAV MRK TY I(W)24"(SW)(100MIL) 805 _ IF $5.75 $4,628.75 666-6054 REFL PAV MRK TY I(W)(ARROW)(100MIL) 27 EA $130.00 S 3,510.00 666-6078 REFL PAV MRK TY I(W)(WORD)(100MIL) ! 27 EA $135.00 $ 3,645.00 666-6132 REFL PAV MRK TY I(Y)6"(DOT)(100MIL) 60 LF $2.20 $ 132.00 666-6147 REFL PAV MRK TY I(Y)24"(SLD)(100MIL) 36 _ LF $6.00 $ 216.00 666-6217 REFL PAV MRK TY 11(Y)4"(MED NOSE) f 15 _ EA $10.00 $ 150.00 666-6219 REFL PAV MRK TY II(BLACK)6"(SHADOW) I 2,298 LF $1.20 $ 2,757.60 666-6224 PAVEMENT SEALER 4" 40 IF $0.40 $ 16.00 666-6225 PAVEMENT SEALER 6" 4,946 LF $.60 $ 2,967.60 666-6226 PAVEMENT SEALER 8" 1,446 LF $.80 $ 1,156.80 666-6228 PAVEMENT SEALER 12" 165 LF $1.00 $ 165:00 666-6230 PAVEMENT SEALER 24" • 841 LF $2.00 $ 1,682.00 666-6231 PAVEMENT SEALER(ARROW) 27 EA $9.00 $ 243.00 666-6232 PAVEMENT SEALER(WORD) I 27 EA $9.00 $ 243.00 666-6306 REEL PAV MRK W/RET TY I(W)6"(BRK)(100MIL) 2,298 IF $3.00 S 6,894:00 666-6315 REFL PAV MRK W/RET TY I(Y)4"(SLD)(100MIL) 40 LF $10.00 S 400.00 666-6321 REFL PAV MRK W/RET TY I(Y)6"(SW)(100MIL) 90 LF $10.00 $ 900.00 672-6007 REFL PAV MRKR TY 1-C 80 EA $5.00 $ 400.00 672-6010 REFL PAV MRKR TY II-C-R 122 'EA $5.00 $ 610.00 677-6001 EUM EXT PAV MRK&MRKS(4") 1,915 LF $0.40 $ 766.00 677-6003 ELIM EXT PAV MRK&MRKS(8") 339 IF $0.50 $ 169.50 , 677-6008 EUM EXT PAV MRK&MRKS(ARROW) 3 EA $40.00 $ 120.00 677-6012 ELIM EXT PAV MRK&MRKS(WORD) 3 EA $40.00 $ 120.00 678-6001 PAV SURF PREP FOR MRK(4") 40 LF $0.04 $ 1.60 678-6002 PAV SURF PREP FOR MRK(6") 4,946 LF $0.06 $ 296.76 678-6004 PAV SURF PREP FOR MRK(8") 1,446 IF $0.08 $ 115.68 678-6006 PAV SURF PREP FOR MRK(12") 165 LF $0.12 $ 19.80 678-6008 PAV SURF PREP FOR MRK(24") 841 LF $0.24 $ 201.84 678-6009 PAV SURF PREP FOR MRK(ARROW) 27 EA $5-00 $ 135.00 . 678-6016 •PAV SURF PREP FOR MRK(WORD) ! 27 EA $5.00 $ 135.00 TRAFFIC CONTROL FACILITIES 502-6001 BARRICADES,SIGNS AND TRAFFIC HANDLING 14 MO $3,800.00 $53,200.00 512-6009 PORT CTB(FUR&INST)(LOW PROF)(TY1) 3,280 LF $20.00 565,600.00 512-6010 PORT CTB(FUR&INST)(LOW.PROF)(TY 2) 280 IF $29.00 $8,120.00 522-6033 PORT CTB(MOVE)(LOW PROF)(TY1) 540 LF $6.00 S3,240.00 512-6034 PORT CTB(MOVE)(LOW PROF)(TY 2) 80 LF $14.00 $1,120.00 512-6057 PORT CTB(REMOVE)(LOW PROF)(TY1) 3,280 LF $15.00 $49,200.00 512-6058 PORT CT8(REMOVE)(LOW PROF)(TY 2) 280 LF $20.00 55,600.00 681-6001 TEMP TRAF SIGNALS 1 EA' $9,360.00 $9,360.00 6001-6002 PORTABLE CHANGEABLE MESSAGE SIGN 4 EA $9,700.00 S38,800.00 6185-6005 TMA(MOBILE OPERATIONS) 10 DAY $265.00 $2,650.00 SUBTOTAL BID SHEET tt 2 $293,301 71 BIDDER'S INITIALS 0 CITY OF PEARLAND Section 00300 BID PROPOSA Bid Proposal Part 8 TR 1501 CSJ 912-31-293 Spec Reference Description QUANTITY UNIT OF MEASURE UNIT BID PRICE BID ITEM TOTAL STORM WATER POLLUTION PREVENTION PLAN 161-6009 EROSION CONTROL COMPOST(4") 364 SY $7.38 $2,686.32 506-6002 ROCK FILTER DAMS(INSTALL)(TY 2) 32 _ LF $80.22 $2,567.04 506-6011 ROCK FILTER DAMS(REMOVE) 32 LF $31.58 $ 1,010.56 506.6020 CONSTRUCTION EXITS(INSTALL)(T),1) 672 SY $44.06 $29,608.32 506-6024 CONSTRUCTION EXITS(REMOVE) 672 SY $16.59 $ 11,148.48 506-6038 TEMP SEDMT CONT FENCE(INSTALL) 5,980 LF $5.00 $ 29,900.00 506.6039 TEMP SEOMT CONT FENCE(REMOVE) 5,980 LF $1.37 $8.192.60 506-6040 BIODEG EROSN CONT LOGS(INSTL)(8") 216 IF $6.22 $ 1,343.52 506-6041 BIODEG EROSN CONT LOGS(INSTL)(12") 616 LF $6.97 $4,293.52 506.6043 BIODEG EROSN CONT LOGS REMOV 832 LF $2.17 $ 1.805,44 LANDSCAPING 161-6012 GENERAL USE COMPOST(2") 364 SY $3.34 $1,215.76 161-6017 COMPOST MANUF TOPSOIL(BIP)4' 14,349 SY $3.02 $43,333.98 162-6002 BLOCK SODDING 4,463 SY $4.70 $20,976.10 164-6025 CELL FBR MLCH SEED(PERM)(URBAN)(SANDY) 11,830 SY $0.56 $6,624.80 166-6001 FERTILIZER 3 AC $1,334,17 $4.002.51 168-6001 VEGETATIVE WATERING 272 MG $37.03 $10,072.16 170-6001 IRRIGATION SYSTEM 1 LS $170,846.85 $170,846.85 192-6006 PLANT MATERIAL(30 GAL) 50 EA $723,81 $36,190.50 192-6007 PLANT MATERIAL(45 GAL) 43 EA $929.57 $39,971.51 192-6063 PLANT BED PREP(TYPE 1) 364 SY 26.34 $9,587.76 192-6007 PLANT MATERIAL(7 GAL) 12 EA $87.39 $1,048.68 192-6007 PLANT MATERIAL(300 GAL)(TREE) 3 'EA $16,661.65 $49,984.95 193-6007 IRRIGATION SYSTEM OPER AND MAINT 12 MO $4,205.68 $50,468.16 1006-6001 `LANDSCAPE SOIL AMENDMENT(TYPE I) 364 SY $5.39 $1,961.96 1006-6002 LANDSCAPE SOIL AMENDMENT(TYPE II) 364 SY $5.27 $1.918.28 FIBER OPTIC 624-6010 GROUND BOX TY D(162911)W/APRON 6 EA $1,250.00 $7,500.00 6007-6027 FIBER OPTIC PATCH PANEL(144 POSITION) 2 EA $2,200.00 $4,400.00 6007-6068 FO CBL(96 SMF) 5,713 LF $3.70 $21,138.10 6007-6087 FO SPLICE ENCLOSURE(TYPE 1) 6 EA $1,750 00 $10,500.00 6016-6094 FIBER OPTIC FUSION SPLICE 6 EA $70.00 $420.00 6016-6006 ITS MULTI-DUCT CND(PVC-40) 3,349 LF $21.00 $70,329.00 6186.6007 ITS MULTI-DUCT CND(PVC-40)(BORE) 2,364 LF $22.00 $52,008.00 6168-6015 FIBER OPTIC CABLE ROAD MARKER 7 EA $250.00 $1.750.00 EXTRA WORK ITEMS 2520 ADJUST VALVE BOX 3 EA $1,200.00 $3,600.00 2533 SANITARY SEWER(4IN)(PVC) 40 LF $97.00 $3,880.00 - 9606.00 FORCE ACCOUNT 25,000 00L $1.00 $25,000.00 SUBTOTAL BID SHEET P3 J$741,284.8( IBID TOTAL 1$6,669,292.1 AUTHORIZED SIGNATURE G _--.- DATE I/47,21 TITLE r __1 � - COMPANY NAME ?d% 411,14. Zift._S'MvIc fit!1 _ BIDDER'S INITIALS t CITY OF PEARLAND LGPP AWARD AND EXECUTION SMITH RANCH ROAD EXPANSION OF CONTRACT PROJECT Section 00310-T ITEM 3L—LGPP AWARD AND EXECUTION OF CONTRACT 1 AWARD OF CONTRACT The Owner will award, reject, or defer the Contract within 90 days after the opemng of the bid. The Owner reserves the right to reject any or all bids and to waive technicalities in the best interest of the Owner 1 1 Award. The Owner will award the Contract to the low Bidder as determined by Section 00200,Article 16, Instructions to Bidders, and Item 2L LGPP Supplement to Instructions to Bidders. The Owner may award a Contract to the second lowest Bidder when the following requirements have been met: • The low Bidder withdraws its bid. • The low Bidder fails to enter mto a contract with the Owner after Award • The second low Bidder's unit,bid prices are reasonable. 1.2. Rejection. The Owner will reject the Contract if: • Collusion may have existed among the Bidders. Collusion participants will not be allowed to bid future bids for the same Contract. • The low bid is mathematically and materially unbalanced. The Bidder will not be allowed to bid future bids for the same Contract. • The lowest bid is higher than the Owner's estimate and re-advertising for bids may result in a lower bid. • Rejection of the Contract is in the best interest of the Owner 1.3. Deferral. The Owner may defer the award or rejection of the Contract when deferral is in the best interest of the Owner 2. RESCINDING OF AWARD The Owner reserves the right to cancel the award of any Contract before Contract execution with no compensation due when the cancellation is in the best mterest of the Owner The Owner will return the bid security to the Contractor 3. DISADVANTAGED BUSINESS ENTERPRISE (DBE)/HISTORICALLY UNDERUTILIZED BUSINESS/SMALL BUSINESS ENTERPRISE (SBE) Submit all DBE/HUB/SBE information in the time frame specified when required by the bid documents. COP 11-2021 Item 3L 1 of 4 Page 53 of 539 CITY OF PEARLAND LGPP AWARD AND EXECUTION SMITH RANCH ROAD EXPANSION PROJECT OF CONTRACT 4. EXECUTION OF CONTRACT Provide the following within 10 days after written notification of award of the Contract: 41 Contract. Executed by Contractor and Surety 4.2. Bonds. Executed performance bond,payment bond and maintenance bond in the full amount of the Contract pnce with powers of attorney Provide bonds in accordance with Table 1 Furnish the payment,performance bonds and maintenance bonds as a guaranty for the protection of the claimants and the Owner for labor and materials and the faithful performance of the work. Table 1 Bonding Requirements Contract Amount Required Bonds Less than$25,000 None $25,000_to.$100,000 Payment More than$100,000 Performance and Payment 4.3. Insurance. Submit a Certificate of Insurance showing coverage's in accordance with Contract requirements. Insurances must cover the contracted work for the duration of the Contract and must remain in effect until final acceptance. Failure to obtam and maintam insurance for the contracted work may result m suspension of work or default of the Contract. If the insurance expires and coverage lapses for any reason, stop all work until the Owner receives an acceptable Certificate of Insurance. Provide the Owner with a Certificate of Insurance verifying the types and amounts of coverage as outlined in the Attachment No 3 to General Conditions of Agreement. The Certificate of Insurance must be in a form approved by the Owner Any Certificate of Insurance provided must be available for public inspection. By signing the Contract,the Contractor certifies compliance with all applicable laws,rules, and regulations pertaining to workers' compensation insurance. This certification includes all subcontractors. Pay all deductibles stated in the policy Subcontractors must meet the requirements of insurance either through their own coverage or through the Contractor's coverage. The Workers' Compensation policy must include a waiver of subrogation endorsement in favor of the Owner For building-facilities Contracts,provide All Risk Builder's Risk Insurance to protect the Owner against loss by storm, fire or extended coverage perils on work COP 11-2021 Item 3L 2 of 4 Page 54 of 539 CITY OF PEARLAND LGPP AWARD AND EXECUTION SMITH RANCH ROAD EXPANSION OF CONTRACT PROJECT and materials mtended for use on the project including the adjacent structure. Name the Owner under the Lost Payable Clause. For Contracts with railroad requirements, see project-specific details for additional insurance requirements. Provide a substitute Surety on the Contract bonds in the original full Contract amount within 15 days of notification if the Surety is declared bankrupt or insolvent, the Surety's underwriting limitation drops below the Contract amount or the Surety's right to do business is terminated by the Owner The substitute Surety must be authorized by the laws of the State and acceptable to the Owner. Work will be suspended,until a substitute Surety is provided. Working day charges will be suspended for 15 days or until an acceptable Surety is provided, whichever is sooner The work performed under this section will not be measured or paid for directly but will be subsidiary topertinent items. 4 4 Railroad Documents Provide all required documents for satisfaction of railroad requirements for projects that have work which involves railroad right of way 5. FAILURE TO ENTER CONTRACT If the Contractor fails to comply with all of the requirements in Item 3 4., "Execution of Contract,"the bid security will become the property of the Owner, not as a penalty,but as liquidated damages. The Contractor forfeiting the bid security will not be considered in future bids for the same work unless there has been a substantial change in design of the work. 6. APPROVAL AND EXECUTION OF CONTRACT The Contract will be approved and signed under authority of the Owner 7 RETURN OF BID SECURITY The bid security check of the low Bidder will be retained until after the Contract has been rejected or awarded and executed. Bid bonds will not be returned. 8. BEGINNING OF WORK Do not begin work until authorized in writing by the Owner. When callout work is required,provide a method of contact available from 8 A.M. until 5 P.M. every work day and 24 hr a day, 7 days a week for projects with emergency mobilization,unless otherwise shown on the plans. The time of COP 11-2021 Item 3L 3 of4 Page 55 of 539 CITY OF PEARLAND LGPP AWARD AND EXECUTION SMITH RANCH ROAD EXPANSION OF CONTRACT PROJECT notice will be the transmission time of the notice sent,provided orally, or provided in person by the Owner's representative. Verify all quantities of materials shown on the plans before ordering. For projects with alternate bid items,the work order will identify the base bid work and additive or deductive alternate work to be performed. The Owner makes no guarantee that the additive or deductive alternate work will be required. 9. ASSIGNMENT OF CONTRACT Do not assign, sell, transfer, or otherwise dispose of the Contract or any portion nghts, title, or mterest(includmg claims)without the approval of the Owner or designated representative. The Owner must deem any proposed assignment justified and legally acceptable before the assignment can take place. 10. EXCLUDED PARTIES The Contractor certifies by signing the Contract that the Contractor will not enter mto any subcontract with a subcontractor that is debarred or suspended by the Owner or by any state or federal agency COP 11-2021 Item 3L 4 of 4 Paae 56 of 539 BIDDER'S CERTIFICATION OF CITY OF PEARLAND COMPLIANCE WITH BUY AMERICAN PROGRAM 'Document 00456 BIDDER'S CERTIFICATION OF COMPLIANCE WITH BUY AMERICAN PROGRAM (AVIATION SAFETY AND CAPACITY EXPANSION ACT OF 1990) By submitting a bid, except for those items listed by Bidder below or on additional copies of this page, attached to this page, Bidder certifies that steel and each manufactured product, is produced in the United States (as defined in the clause Buy American - Steel and Manufactured Products for Construction Contracts) and that components of unknown origin are considered to have been produced or manufactured outside the United States In case of conflicts with corresponding provisions of other Bidding Documents, Buy American Program provisions govern Bidders may obtain from the City a list of products excepted from this provision. Use additional copies of this page as required PRODUCT COUNTRY OF ORIGIN The above information is true and complete to the best of my knowledge and belief (Printed or typed Name of Signatory) Signature Date Note. The penalty for making false statements in offers is prescribed in 18 U S.C. 1001 END OF DOCUMENT 00456-1 02-01-2004 Page 57 of 539 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes'aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code..An offense under this section is a misdemeanor J Name of vendor who has a business relationship with local governmental entity. J ❑ Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer Al Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? nYes nNo B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? nYes nNo Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021 Page 58 of 539 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference,below are some of the sections cited on this form. Local Government Code.§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or seniices from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency Local Government Code§176.003(a)(2)(A)and(B). (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if (2) the vendor (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor Local Government Code§176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and. (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A), (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1),or (3) has a family relationship with a local government officer of that local governmental entity (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of (1) the date that the vendor (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection(a), (B) that the vendor has given one or more gifts described by Subsection(a),or (C) of a family relationship with a local government officer Form provided by Texas Ethics Commission www ethics.state.tx.us Revised 1/1/2021 Page 59 of 539 1 CITY OF PEARLAND STANDARD FORM OF AGREEMENT Section 00500 STANDARD FORM OF AGREEMENT(LGPP) THIS AGREEMENT is by and between City of Pearland(heremafter called OWNER or City) and Texas Sterling Construction Company (heremafter called CONTRACTOR). OWNER and CONTRACTOR,in consideration of the mutual covenants heremafter set forth,agree as follows. Article 1 WORK CONTRACTOR shall complete all work as specified or indicated in or reasonably mferable from the Contract Document's(hereinafter the"Work"). The Work is generally described as follows. SMITH RANCH ROAD EXPANSION(CR 94) HUGHES RANCH TO BROADWAY PROJECT NO.: TR1501 CSJ NO.: 0912-31-293 BID NO.: ITB 1124-02 The Disadvantaged Business Enterprise (DBE) goal for this project is 7.5%. The Small Business Enterprise (SBE) goal for this project is 0%. DBEs and SBEs selected must be TxDOT approved. Race neutral participation is encouraged and can be achieved through various supplier and subcontracting opportunities. Article 2. ENGINEER The Work has been designed by dec, 3100 West Alabama, Houston, Texas 77098,Blair C Stocker, P.E. who is hereinafter called ENGINEER and who is to assume all duties and responsibilities and have the nghts and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work m 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 365 Calendar days from the date when the Contract Time commences to run as provided in paragraph 5 01 of the General Conditions (as revised m the Special Conditions if applicable), and completed and ready for Final Payment within 400 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 m accordance with Article 5 of the General Conditions. OWNER 01-2024 00500- 1 of 7 Page 60 of 539 CITY OF PEARLAND STANDARD FORM OF AGREEMENT and CONTRACTOR also recogmze the delays, expense, and difficulties involved m proving m a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not completed on time Accordingly, instead of requinng any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty) CONTRACTOR shall pay OWNER One Thousand Five Hundred dollars ($1,500 00) for each day that expires after the time specified m paragraph 3 1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time set out in the Certificate of Substantial Completion or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Thousand Five Hundred dollars ($15,00 00) for each day that expires after the time specified in the Certificate of Substantial Completion for completion and readmess 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 m advance and shall pay the overtime wages for the required City mspections. 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 $6,638,584.69 (the "Contract Price"). The Contract Price includes the Base Bid as shown m 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 m 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, m accordance with the General Conditions. The OWNER shall make payment within 30 days of receipt of application for payment by the ENGINEER. 01-2024 00500-2 of 7 Page 61 of 539 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 5 1.2 Each progress payment shall be less retainage as specified in Paragraph 6 06 of the General Conditions, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood,however,that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may upon written recommendation of the ENGINEER pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER's option,may be relieved of the obligation to fully complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due 'him under the contract subject only to the conditions stated under "Final Payment." 5.2 Final Payment. Upon final completion and acceptance of the Work m accordance with paragraph 6 09 of the General Conditions, OWNER shall pay the remainder of the Contract Pnce 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 m accordance with the provisions of Chapter 2251 025 of the Texas Government Code, as amended. Article 7 CONTRACTOR'S REPRESENTATIONS In order to mduce OWNER to enter into this Agreement CONTRACTOR makes the followmg 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 m 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 drawmgs 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-mclusive. 7.3 CONTRACTOR has obtamed and carefully studied (or assumes responsibility for obtammg 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 furmshmg 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 m accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests, 01-2024 00500-3 of 7 Page 62 of 539 CITY OF PEARLAND STANDARD FORM OF AGREEMENT reports, and studies,or similar information or data are or will be required by CONTRACTOR for;such purposes. 7 4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and finish the Work at the Contract Price,within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations,tests, reports, and studies with the terms and conditions of the Contract Documents. 7 6 CONTRACTOR has!I 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 Pnce, 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 pnor 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), mcludmg Attachment No 1 Workers' Compensation Insurance Coverage, Attachment No 2 Agreement for Final Payment and Contractor's Sworn Release, and Attachment No 3 Owner's Insurance Requirements of Contractor 8 4 Special Conditions of Agreement(Section 00800). 8.5 TxDOT Local Government Project Procedures documents (Section 850). 8 6 Plans, consisting of sheets numbered 1 through 271 inclusive with attachments with each sheet bearing the following general title: Smith Ranch Road Expansion, Project#TR1501, CSJ#912-31-293 01-2024 00500-4 of 7 Page 63 of 539 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 8 7 Instructions to Bidders and CONTRACTOR's Bid Proposal, includmg any Addenda referenced therein. -8 8 Technical Specifications for the Work. 8 9 The followmg, which may be delivered or issued after this Agreement becomes effective: Any Change Orders or other documents amending, modifymg, or supplementmg the Contract Documents in accordance with the General Conditions. 8.10 SAM.gov(System for Award Management)Entity Registration—Profile Pnntout. 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 mdicated in the General Conditions. 9.2 No assignment by a party hereto of any nghts 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 m 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 01-2024 00500-5 of 7 Page 64 of 539 CITY OF PEARLAND STANDARD FORM OF AGREEMENT authorities. 9 6 In the event any notice penod required under the Contract Documents is found to be shorter than any minimum penod prescribed by applicable law, the notice penod 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 m wntmg. 9 8 The provisions of this Contract shall be applied and interpreted m a manner consistent with each other so as to carry out the purposes and the mtent of the parties, but if for any reason any provision is unenforceable or invalid, such provisions shall be deemed severed from this Contract and the remaining provisions shall be carried out with the same force and effect as if the severed provision had not been part of this Contract. 9 9 The headings of the paragraphs are included solely for the convenience of reference and if there is any conflict between the headings and the text of this Contract,the Contract text shall control. 9 10 The waiver of any breach hereof shall not constitute a waiver of any subsequent breach of the same or any other provision hereof. Failure by the OWNER in any mstance 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 m 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 followmg 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 matenals 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 mdirectly; 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 or Pearland's Title VI Nondiscrimination Plan Assurances,the Special Conditions provided in Section 00800 and Wage Rates m Section 00811 01-2024 00500-6 of 7 Page 65 of 539 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. CO TRACTS' �L CITY OF AN IiCtL �7 'h anOmi o By- By- Title: 6// /44.4.a)// Title- S* Date: l �� g/)-`/ Date: U L (Corporate Seal) ATTEST LOA/ ATTEST ��•`�PFtLA Address for giving notices sat a of = _ 3; /' Phone: Fax. Agent for service of process. END OF SECTION 01-2024 00500-7 of 7 Pace 66 of 539 Title VI Nondiscrimination Assurances 00500 Standard Form of Agreement 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 Paae 67 of 539 (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. Paae 68 of 539 CITY OF PEARLAND STANDARD FORM OF AGREEMENT APPENDIX B House Bill 89 Verification I, (Person name), the undersigned repr ntative(h rea er refe id to as"Repre entative")of 1 �--C - -� � (company or business name, hereafter referred to as "Business Entity"), being an adultov er 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 IGNATURE OF EPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this I I day of n 20 .."'m'''' ANGELA CATHLEEN MCDOUGAL — — `1QRY PV9 i =0 Vr.Notary Public,State of Texas Notaryy/94E0A ni\C104441:0 ublic TiA• Comm.Expires 03-24-2026 r- 4pPI„V Notary ID 133666488 Page 69 of 539 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number of business. 1 2024-1231821 Texas Sterling Construction Houston,TX United States Date Filed: 2 Name of governmental entity or state agency that is a panty to the contract for which the form is 10/28/2024 being filed. I City of Pearland Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. TR1501 SMITH RANCH ROAD WIDENING FROM NOTH OF BOARDWAY ST TO HUGHES RANCH ROAD 1 Nature of interest 4 Name of Interested Party I City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party ❑X 6 UNSWORN DECLARATION J (1 My name is TCy �'( % , and my date of birth is ) My address is p)ID , V-IOAAS ,T1)D U S (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in ri)s County, State of i.L COA ,on the ) k.day of nvo ,2094 (month) (year) Signature of a horized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0 48da51f7 CITY OF PEARLAND PERFORMANCE BOND Section 00610 bbncl Ni O I2Iz409Le PERFORMANCE BOND STATE OF TEXAS COUNTY OF BRAZORIA § exois Sfev I in KNOW ALL MEN BY THESE PRESENTS That ren/tC110f Co. of the City of -rt(Ut S Y\ , s 1 of - (,�Y r'I Soni : i d State of Texas, as pnncipal, and Irma frS ( t (�I'tCA f ,r f t . `s,�i I er the laws of the State of Texas to act as surety on bonds for incipals, are heed and firmlybound unto City of Pearland as Obligee (Owner), in the penal sum of$ (9 i (.1)33i 5B4 . (9 for the payment whereof, the said Prmcipal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns,jointly and severally,by these presents: WHEREAS,the Pnncipal has nt red mto a certain written contract with the Owner,effective as of the 1 \ day of�4. , 20 , '(the "Contract") to commence and complete the construction of certain improvements described as follows. SMITH RANCH ROAD EXPANSION(CR 94) HUGHES RANCH TO BROADWAY City of Pearland, Texas COP PN: TR1501 CSJ:0912-31-293 BID NO.: ITB 0624-28 which Contract,including the Contract Documents as defined therein,is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Prmcipal shall faithfully perform said Contract Work and shall m all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements m and by said Contract agreed and covenanted by the Prmcipal to be observed and performed, and accordmg to the true mtent and meaning of said Contract and Contract Documents, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED,HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall m any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 12/2007 00610-1 of 2 Page 71 of 539 CITY OF PEARLAND PERFORMANCE BOND IN,WITNESS&ERE a said Principal and irpty have signed and sealed this instrument this t, dayof r , 20. H Principal. Surety- Tt/(ft. ``� fif l'6q �r on]ors U,SU� Sl'n�L(UP) G�• n G o r a &t, BY. BY- )1161MG1P6_41Yir Title: Title- U I CeN � 1' 1 0�6,_ fec Address. Address. q 2orI o rnbush D lye, bn-c) Tow-eX &Nu►cyQ i-twAsibh , 'TX l'I.D13 -1tc,Y-r-F6rOl , C' bl¢l P?) Telephone. Telephone: ats), 111 6 ( 1 Fax. Fax. I v I A NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT;MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 12/2007 00610-2 of 2 Pace 72 of 539 CITY OF PEARLAND (� PAYMENT BOND Section 00611 Bon `1 , v O PAYMENT BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL N BY THESE PRESENTS at TAX C n,SPAA (p V'U• of the City of 'H OU SI on, GrtnT of and State of Texas, as principal, and TYGMAIA CUTAO,A d csl/LY*- fP under the laws of the State of Texas to act as surety on bonds for pnncipals, 'are he 1{i and firmlyfirnA bound unto City of Pearland as Obligee (Owner), in the penal sum of$ LQ3g, 5.01' for the payment whereof, the said Prmcipal and Surety bmd themselves, and their heirs, administrators, executors, successors, and assigns,jomtly and severally,by these presents. WH1EAS,the P ncipal has nt red into a-certain written contract with the Owner,.effective as of the day of 100 , 20 PI, (the "Contract") to commence and complete the construction of certain improvements described as follows SMITH RANCH ROAD EXPANSION(CR 94) HUGHES RANCH TO BROADWAY City of Pearland,Texas COP PN: TR1501 CSJ NO.: 0912-31-293 BID NO.: ITB 0624-28 which Contract,including the Contract Documents as defined therein,is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor or material to him or a subcontractor in the prosecution of the Work provided for in said Contract,then,this obligation shall be void,otherwise to remam m full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall m any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms,of-the Contract, or to the Work to be performed thereunder 07/2006 00611 - 1 of 2 Page 73 of 539 CITY OF PEARLAND PAYMENT BOND IN WITNESS REOF,th said Principal an u ty have signed and.sealed this instrument this k` day of `I1o,2y) e v- , 2 Principal. Surety T‘QrcI,s tqfin c rtis� s CCU t ,C, I Gully hown anBy ! By \jkitiVa. P _ Title: Qr v Title: V(G )r j o F• Lu by , - f.o n'( - n- f iLut Address. Address v 208 o e n s� ve aht r simkre, OU.S'bn , 'TX 11 )13 -H axe Eu rel c-- DUI o 3 Telephone: Telephone. Ns () 211 C) m Fax. Fax. NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 07/2006 00611 -2 of 2 Page 74 of 539 CITY OF PEARLAND TWO-YEAR MAINTENANCE BOND�q Section 00612 13bn"' N D - I DDI 2 '0 f " TWO-YEAR MAINTENANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § TTxaS S Y I r" KNOW ALL MEN BY THESE PRE ENT That C6Y STVU Gil On A • of the City of -kit usA b(1 , County of O V S , and State of Texas, as PRINCIPAL, and I " CQ,wA A CL rt� \A : 'u l t `1' under the laws of the State of Texas to act as SURETY on bonds foV PRINCIPALS, a held.and fi si ly bound unto City of Pearland as Obligee(OWNER),in the penal sum of$ (I (1351; for the payment whereof, the said PRINCIPAL AND SURETY bmd themselves, and their heirs, admimstrators, executors, successors, and assigns,jomtly and severally,by these presents: WHEREAS, the CIPAL �a entered igto-a—ce itten contract with the OWNER, effective as of the ) % day of y �VU•Q�n►A' 20 (the "Contract") to commence and complete the construction of certain!improvements described as follows: i SMITH RANCH ROAD EXPANSION(CR 94) HUGHES RANCH TO BROADWAY City of Pearland, Texas COP PN TR1501 CSJ NO 0912-31-293 BID NO ITB 0624-28 which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. WHEREAS,PRINCIPAL bmds itself to use of materials and methods of construction such that all improvements will be initially completed free of perceptible defects and will remam in good repair and condition and free of perceptible defects for and during the period of two (2) years after the date of substantial completion of thelcompleted improvements by the CITY, and WHEREAS, said PRINCIPAL binds itself to construct said improvements in such a manner and obtain inspection approvals m proper sequence as are required to obtain acceptance by the CITY and to repair or reconstruct the said improvements in whole or in part at any time within said two (2) year's period to such an extent as the CITY deems necessary to properly correct all defects except those which have been caused by circumstances and conditions occurring after the time of construction over which the PRINCIPAL had no control, and which are other than those arising from defect of construction by the PRINCIPAL, and, WHEREAS, after the acceptance of the improvements by the CITY, said PRINCIPAL binds itself, upon receiving notice from the CITY of the need thereof to repair or reconstruct said improvements and if the PRINCIPAL fails to make the necessary corrections,within ten(10) days after being notified, the. CITY may complete or have completed all said corrective work and PRINCIPAL shall reimburse CITY for all expenses thereby incurred. 01/2024 00612- 1 of 3 CITY OF PEARLAND TWO-YEAR MAINTENANCE BOND WHEREAS, under the ordinances of the CITY, it is provided that the PRINCIPAL will maintain and keep in good repair the work herein contracted and shall faithfully correct all such work not in accordance with the Contract Documents discovered within the two-year period from the date of substantial completion, it being understood that the purpose of this section is to cover all defective conditions arismg by reason of defective matenal, work, or labor performed by said PRINCIPAL, and m case said PRINCIPAL shall fail to do so, within ten (10) days after being notified, it is agreed that the CITY may complete said work and supply such materials, and charge to same against the said PRINCIPAL, and SURETIES, on this obligation, and said PRINCIPAL AND SURETIES hereon shall be subject to any liquidated damages provided for in said contract. NOW THEREFORE, if the said PRINCIPAL, shall keep and perform the requirement to maintain said work and keep the same in repair for the said maintenance penod of two (2) years, as provided, then this Bond shall terminate and shall be null and void, and have no further effect, but if default shall be made by the said PRINCIPAL in the performance of his contract to so maintain and repair said work, then this Bond shall have full force and effect, and said CITY shall have and recover from said PRINCIPAL and SURETIES damages, as provided, and it is further agreed that this obligation shall be a continuing,one against the PRINCIPAL and SURETIES hereon, and that successive recovenes may be had thereon for successive breaches, and it is further understood that the obligation herem to maintain said work shall continue throughout said maintenance penod, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. PROVIDED FURTHER, that if any legal action be filed upon this Bond, exclusive venue shall lie in Brazona County, State of Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall m any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder or to the Specifications as promulgated by the City Engineer, City of Pearland, m accordance with Sec. 1 9 of the Engineering Design Criteria Manual. IN WITNESS WHEREOF, the said Principal and S Bey have signed and sealed this instrument this day of DQrl-j.Q/r- , 20�T1 Prmcipal. Surety- 1tmcus S4er Co hsi-nt ot-1�), Tin w ,1-tYS c mut a,a'l� By By Vi441A,Ps Title: reS i Title: b v\a. P - J fr � 5�-- ( &' Address. Addres . Ur' ' - J � 1 � D ern k t o t ve b n-ei TbiNty `f c-`e W 1 -r ' Gkak yp-d , le O 1 D U Telephone: Telephone: u2 0' 1 1 p 1 01/2024 00612-2 of 3 CITY OF PEARLAND TWO-YEAR MAINTENANCE BOND NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 01/2024 00612-3 of 3 Travelers Casualty and Surety Company of America /01111k Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint VICTORIA P LYONS of FARMINGTON , Connecticut , their true and lawful Attomey(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021 fc.NAY 4,40 ocEN .NA cam. *'+.• coNN.RTFOR�,to (01 \ State of Connecticut By. City of Hartford ss. Robert L.Rane , enior Vice President On this the 21st day of April, 2021 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer Np IN WITNESS WHEREOF,I hereunto set my hand and official seal. $ NOTARYMy Commission expires the 30th day of June,2026 t � Acrzad ruei10 Anna P Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of *he Companies,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary'and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary' or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President, any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this day ofton sof\ �`a{@_ or AN, pT 9 P c MARTFORC, t k g CONN. �o LE.HueitantSecretary ghs,Ass To verify the authenticity of this Power of Attorney,please call us at 1-800-421 3880. Please refer to the above-namedAttomey(s)-in-Fact and the details of the bond to which this Power of Attorney is attached. i 1 IMPORTANT NOTICE To obtain information or make a complaint: You may call Travelers Casualty and Surety Company of America and its affiliates'toll- free telephone number for information or to make a complaint at: 1-800-328-2189 , You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1 1-800-252-3439 You may write the Texas Department of Insurance. P 0 Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web• http.//www.tdi.state.tx.us E-mail ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers first. If the dispute is not resolved, you may contact the Texas Department of Insurance ATTACH THIS NOTICE TO YOUR BOND This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. (PN-042-B) Ed.10.18.07 CITY OF PEARLAND PARTIAL WAIVER OF LIEN Section 00615 PARTIAL WAIVER OF LIEN AND PAYMENT AFFIDAVIT The undersigned contracted with City of Pearland to furnish in connection with certam improvements to real property located in the City of Pearland, TX and owned by the City of Pearland which improvements are described as follows: In consideration of Pay Estimate No in the amount of$ the undersigned, on oath, states that all persons and firms who supplied labor and matenals to the undersigned in connection with said Project will be fully paid within 30 days of the date of this document by the undersigned for such work through In consideration of the payment herewith made, the undersigned does fully and finally release and hold harmless the City of Pearland and its surety, if any,through the above date from any and all claims,'hens, or right to claim or hen, ansmg out of this Project under any applicable bond, law or statue. It is understood that this affidavit is submitted to induce payment of the above sum and for use by the City of Pearland in assuring the Owner and others that all hens and claims relating to the said Project furnished by the undersigned are paid. Signature Printed Name&Title Company Name State of County of Subscribed and sworn to,before me,this day of_ , 20 My Commission Expires. Notary Public 5-12-12 Page 77 of 539 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT TABLE OF CONTENTS Page No. 1.0 DEFINITIONS AND INTERPRETATIONS 1 1 01 Owner, Contractor and Engineer 1 02 Contract Documents 103 Subcontractor 1 04 Wntten Notice 105 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 Pace 78 of 539 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 2 04 Changes and Alterations 2 05 Damages 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 6 3 01 Owner-Engineer Relationship 3 02 Keeping of Plans and Specifications Accessible 3 03 Preliminary Approval 3 04 Inspection by Engineer 3 05 Determination of Questions and Disputes 3 06 Recommendation of Payment 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 8 4 01 Independent Contractor 4 02 Contractor's Understanding 4 03 Laws and Ordinances 4 04 Assignment and Subletting 4 05 Performance and Payment Bonds [and Mamtenance Bond] 4 06 Insurance 4 07 Permits and Fees 4 08 Texas State Sales Tax 4 09 Contractor's Duty and Supenntendence 4 10 Character of Workers 4 11 Labor,Equipment, Materials, Construction Plant and Buildmgs 412 Sanitation 4 13 Cleaning and Maintenance 4 14 Performance of Work 4 15 Right of Owner to Accelerate the Work 10-2012 00700- Paae 79 of 539 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4 16 Layout of Work 4 17 Shop Drawings 4 18 Engineer-Contractor Relationship, Observations I 419 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,Matenalmen, 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-Hi Page 80 of 539 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6 03 Estimated Quantities 6 04 Price of Work 6 05 Payments 6 06 Partial Payments 6 07 Use of Completed Portions& Punchlist 6 08 Substantial Completion 6 08-1 6 09 Final Payment 6 10 Correction of Work Before Final Payment 6 11 Correction of Work After Final Payment 6 12 Payments Withheld 6 13 Delayed Payments 7.0 EXTRA WORK AND CLAIMS 27 7 01 Differing Site Conditions 7 02 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 Filmg 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 Paae 81 of 539 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8 05 Insolvency 8 06 Contingent Assignment 8 07 Waiver of Consequential Damages 8 08 Termination for Convenience 8 09 Default by Owner 9.0 DISPUTE RESOLUTION I 35 ATTACHMENT NO 1 WORKERS' COMPENSATION INSURANCE COVERAGE Al ATTACHMENT NO 2 AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE B1 ATTACHMENT NO 3 OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR Cl 10-2012. 00700-v Paae 82 of 539 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT 1.0 DEFINITIONS AND INTERPRETATIONS 101 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 m 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 m connection with the preparation of plans and specifications of this Contract. The term CONSTRUCTION MANAGER as used in these General Conditions shall refer to the Construction Manager identified in the Agreement, as applicable, and means a person authonzed 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, excludmg such documents as may be delivered or issued after the Effective Date of the Agreement, as referenced m Article 8, shall be bound together m 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 bmdmg 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 m wntmg and signed by both parties, mcludmg 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 m the Project Manual, (7) Instructions to Bidders, (8) Bid Proposal, (9) Payment and CONTRACTOR'S Sworn Release, and Attachment No 3 -Owner's Insurance Requirements of Contractor; and (10) Exhibits The followmg Exhibits, if any, attached hereto, are incorporated herein, and are a part of this Contract: 11-2021 00700- 1 of 35 Page 83 of 539 CITY OF PEARLAND I GENERAL CONDITIONS OF AGREEMENT In the event a conflict or inconsistency remains between or within the Contract Documents, or the Contract Documents and applicable standards, codes and ordinances, CONTRACTOR shall 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 project management system to the mdividual 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 m 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 m 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 m 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 Fnday, not a legal holiday, and any Saturday or Sunday specifically approved by the OWNER, m 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 00700-2 of 35 Page 84 of 539 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 perfomung four (4) or more consecutive hours of work on cntical path ',items as identified m 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 SUBSTANTIALLY1 COMPLETED- The terms "Substantially Completed", or "Substantially Complete" or"Substntial 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 appropnate 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. 110 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 11-2021 00700-3 of 35 Page 85 of 539 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT shall mean that no exception is taken by ENGINEER, but does not relieve CONTRACTOR of responsibility for comphance with the Contract Documents. 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 m general terms, the fulfillment of which must depend on individual judgment, then, m 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. 111 REFERENCED STANDARDS No provision of any referenced standard specification, or manual shall be effective to change the duties and responsibilities of the Owner, Engmeer, Contractor, or their consultants, employees, or representatives from those set forth in the Contract Documents, nor shall it I be effective to assign to the Engineer or its consultants, employees, or representatives any duty or authority to supervise or direct the furmshmg or performance of the Work or any duty or authority to undertake responsibilities contrary to provisions of the Contract Documents. 1 12 CONTRACT TIME 1The 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. They Contract Time shall only be extended by (a) the addition of Ram 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, m 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 11-2021 00700-4 of 35 Paae 86 of 539 CITY OF PEARLAND i GENERAL CONDITIONS OF AGREEMENT relevant Contract Documents, shall observe conditions at the site affectmg the Work, and shall take field measurements of existing conditions related to the Work. Any errors, omissions or 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 wntmg 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 m wnting 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 perfonning, 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 formmg 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 lme, grade, form, dimensions, plans or specifications for the Work herein contemplated, or any part thereof, either before or after the beginning of construction, without affectmg the validity of this Contract and the correspondmg 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 accordmg 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. 11-2021 00700-5 of 35 Pane 87 of 539 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 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 m 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 mtent 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 m 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 furmsh 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 redlmes during closeout. 3 03 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the obligations imposed under this Contract for the furmshmg by the CONTRACTOR of new material of good quality, and for good and workmanlike performance of the Work as herem 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-conformmg or defective work or material, or to stop work, shall release the CONTRACTOR from the obligation to fully and properly perform the Contract, mcludmg without limitation, the obligation to at once remove and properly replace any defective work or material at any time pnor 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, mspection 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 11-2021 00700-6 of 35 Panes RR of SRQ CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT requesting prior inspection or approval, he shall bear all expense of taking up, removing and replacing this work if so directed by, the ENGINEER. 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 techmcal, functional /or engmeermg 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 m 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 performmg 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 m relation to said Work and the construction thereof, as well as all:claims, disputes and other matters m question between the CONTRACTOR and the OWNER relating to the execution or progress of the Work or the mterpretation 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, mterpretation or instructions of the ENGINEER, CONTRACTOR or OWNER shall present any such claim to the ENGINEER m 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, mfonnation 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. 11-2021 00700-7 of 35 Pane 139 of 539 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4 01 INDEPENDENT CONTRACTOR. CONTRACTOR is, and shall remain, an independent contractor, solely responsible for the manner and method of completing the Work under this Contract, with full and exclusive power and authonty to direct, supervise and control his own employees and to determine the means, method and manner of performing such Work, so long as such methods comply with the requirements of the Contract Documents, and do not adversely affect the completed improvements or any other property abutting or adjoining the Work area, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Plans, Specifications and Contract Documents. The fact that the OWNER or ENGINEER as the Owner's representative shall have the right to observe CONTRACTOR's work during hisperformance 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 prelimmary to and during the prosecution of the Work, the general and local conditions, includmg 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, mtent and requirements of all of the Contract Documents, and applicable laws, codes, regulations and ordinances. ! CONTRACTOR hereby warrants and represents that it has taken mto consideration all of the foregoing factors, and CONTRACTOR shall perform the Work for the Contract Pnce 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 m any manner affect the Contract or the work, and shall indemmfy, 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 ordmances or regulations of the City,he shall promptly notify the ENGINEER in wntmg, and any necessary changes shall be made as provided m 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, msofar as the same regulates the objects for which, or the manner m 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 11-2021 00700-8 of 35 Paae 90 of 539 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 bemg 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 nghts, duties or obligations ansing thereunder, in whole or in part, without the prior wntten , 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 m 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 m 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 Pnce, and each m 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'l a corporate surety m accordance with Article 7 19-1 of the Texas Insurance Code. It is agreed that the Contract shall not be in effect until such onginal 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 Mamtenance Bonds be required, shall be included m 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, msurance as specified m 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 msurance shall be carried with an insurance company licensed to transact busmess 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 accordmg to provisions of the Texas Tax Code, Chapter 151, Subsection H. 11-2021. 00700-9 of 35 Pane 91 of 539 CITY OF PEARLAND j 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 matenals to be mcorporated into the Work without paymg 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 supenntendent 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 Supermtendent cannot be removed from the project without the consent of the Owner; the Superintendent must speak and understand the English language,the Supermtendent must be on site when any work on the project is being done, even when a subcontriactor is performing the work. The Work, from its commencement Ito completion, shall be under the exclusive charge and control of the CONTRACTOR, and all nsk m 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 wnting that any worker or workers on the Work are,j in his opinion, incompetent, unfaithful or disorderly, or in the ENGINEER's opmion, 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. 411 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 housmg 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 11-2021 00700- 10 of 35 Page 92 of 539 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 mamtamed 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 responsibihty 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. i 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'iithe purposes herem set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection or construction thereof, and the CONTRACTOR agrees to mdemmfy 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 buildmgs. 4 13 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep and maintain the premises free from accumulation of debns, trash and waste. The CONTRACTOR shall remove waste, debns and trash at the end of each work day CONTRACTOR shall remove all such debris, trash and waste, tools, scaffoldmg 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. 416 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 m 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 m 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 11-2021 00700- 11 of 35 Page 93 of 539 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. I 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 ascertam their effect on his ability to perform the required Contract Work in accordance with the Contract Documents, and within the Contract Time. i Such review by the ENGINEER !shall be for the sole purpose of determining the apparent sufficiency of said drawings or schedules to result in fimshed improvements m 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 project management system. 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 his 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 m 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 authonzed to appoint such subordinate engineers, representatives or observers as the said ENGINEER may from time to time deem proper to observe the matenals 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 11-2021 00700- 12 of 35 Pace 94 of 539 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT subordinate engmeer, 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 nght 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 lieach 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 male 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 Amencan Society for Testmg 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 mspected, 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 mspections, 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 mspections, 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 wntten notice thereof from the ENGINEER, forthwith remove such matenal and rebuild or otherwise remedy such Work so that it shall be m full accordance with this Contract, It is further agreed that any such remedial action contemplated herein shall be at CONTRACTOR's expense. 11-2021 00700- 13 of 35 Page 95 of 539 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 requirmg or allowing the CONTRACTOR to deviate from the Contract Documents, the intent of such drawings, specifications and any other such mstructions 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, shonng, bracing, scaffolding, machinery or equipment, safety precautions or devices, similar items or devices used by him during construction, and work performed either directly or mcident 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 durmg 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 drawmgs 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 m no way relieve the CONTRACTOR from full and complete responsibility for proper performance of his Work on the Project, including, without limitation, the propnety 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 herem 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 machmery 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. 11-2021 00700- 14 of 35 Page 96 of 539 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 m 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 shall1be 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 m 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 11-2021 00700- 15 of 35 Page 97 of 539 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 m 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 ANY1 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 11-2021 00700-16 of 35 Pane 98 of 539 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. Notwithstandmg the foregoing or anythmg 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 anses from personal injury, death, or property injury This mdemmty agreement is a continumg 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. 11-2021 00700- 17 of 35 Pace 99 of 539 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 matenal 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 m 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 n 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 m 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, m 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 mto 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, m 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 11-2021 00700- 18 of 35 Paae 100 of 539 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT OWNER for consideration. If the delay is not attributable m whole or m 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 herem. 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 herem 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, dunng 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 withm 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 herem is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing m this locality The CONTRACTOR further agrees that a failure to complete on tune will cause damage to the OWNER and that such damages 11-2021 00700-19 of 35 Page 101 of 539 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 momes 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 m no event later than ten(10) days after the event-giving nse 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 wntten 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 m 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 showmg 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 completmg 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 performmg 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 m 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 11-2021 00700-20 of 35 Pang.109 of 539 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 m 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 • n 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 matenal 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 comparmg 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 riot 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 pnces set forth m 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 m the 11-2021. 00700-21 of 35 Page 103 of 539 I � 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 Pnce is a lump sum amount,pnor 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 penod covered by the Application for Payment. On or before the tenth day of each 1 month, the CONTRACTOR shall prepare and submit to the ENGINEER, for approval or correction, an application for partial payment, being a statement showing as completely as practicable, the agreed unit quantities and extended total value of the Work done by the CONTRACTOR up to and including the twenty-fifth day of the preceding month, said statement shall also mclude 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 m wntmg storage at the Work site. The ENGINEER shall then review such statement of unit quantities and application for partial payment and the progress of the Work made by the CONTRACTOR and, within ten days after the date ENGINEER receives CONTRACTOR's application for payment, if the application is found to be accurate and correct and the WORK conforming to the requirements of the Contract Documents, the ENGINEER shall certify the application for partial payment and shall deliver his preliminary certification for payment to the OWNER and the CONTRACTOR, or, if the ENGINEER finds that CONTRACTOR's application for payment contains an error or is otherwise disputed, he shall notify CONTRACTOR of such error or dispute, and shall prepare a preliminary certificate for partial payment for the undisputed amount of the application for payment due CONTRACTOR, and deliver it to the OWNER and CONTRACTOR. ENGINEER'S notice to CONTRACTOR that a bona fide dispute for payment exists shall include a list of the specific reasons for nonpayment. All payment apphcations 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 system and signed with the appropriate electronic signatures as provided for in the software. Such applications for payment shall not be considered complete ipl accompanied by the 00700-22 of 35 Page 104 of 539 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR'S Partial Waiver of Lien and Payment Affidavit, Section 00615, duly executed by an authonzed representative of the CONTRACTOR and reflecting the correct correspondmg amount of the payment application. The OWNER shall then pay the CONTRACTOR, within thirty (30) days of the date of ENGINEER's receipt of the application for payment, the undisputed balance due, less applicable retamage, 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 retamage or any claims previously submitted as required under the terns 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 retamage 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 nghts 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 retamage 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, notwithstandmg that the time for completmg 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 mcreases the cost of or delays the Work, the CONTRACTOR shall promptly and withm 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 mcomplete 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 11-2021 00700-23 of 35 Page 105 of 539 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT list of unfinished, incomplete, defective and/or non-conforming Work ("Punchlist") If the ENGINEER determines that the Work is Substantially Complete in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR a Certificate of Substantial Completion. OWNER shall have seven (7) days after receipt of Certificate to make written objection to the ENGINEER as to any provision of the Certificate or the attached list of non-conforming work. If ENGINEER concludes that the Work is not Substantially Complete, ENGINEER will, within fourteen (14) days, notify CONTRACTOR of the reason he believes the Work is not Substantially Complete. Upon Substantial Completion of the Work, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities, pending final payment and acceptance, with respect to security, maintenance, utilities and damage to the Work, except as otherwise provided in the Certificate of Substantial Completion. NEITHER THE SUBSTANTIAL COMPLETION OF THE WORK, NOR THE OMISSION OF AN ITEM FROM THE PUNCHLIST, SHALL EXCUSE THE CONTRACTOR FROM PERFORMING ALL OF THE WORK UNDERTAKEN, WHETHER OF A MINOR OR MAJOR NATURE, AND THEREBY COMPLETING THE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS The Certificate of Substantial Completion shall establish the time period within which CONTRACTOR shall complete the Work for Final Acceptance by the Owner and ENGINEER. 6 08-1 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, for security requirement reasons. OWNER may establish an access procedure to facilitate CONTRACTOR's uninterrupted access to the Work for the purposes of completing and correcting all items on the Punchhst in an expeditious manner 6 09 FINAL PAYMENT Final payment of the Retainage withheld from the Contract Pnce shall be made by the OWNER to the CONTRACTOR at such time as (a) the Work, including all Change Orders and including all Punchhst 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 durmg the warranty period set forth in the Contract Documents, and to satisfy other requirements, if any, which necessarily survive final payment; (c) CONTRACTOR delivers to OWNER a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days prior written notice has been given to OWNER, (d) CONTRACTOR delivers to OWNER a Consent of Surety, if any, to final payment; (e) CONTRACTOR delivers to OWNER a complete set of As-Built Drawings, reflecting all deviations from the Plans, Specifications and approved shop drawings in the Work actually constructed, and delivers all maintenance and operating manuals and/or instructions, 11-2021 00700-24 of 35 Page 106 of 539 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (f) CONTRACTOR delivers to OWNER all building certificates required prior to occupancy and all other required inspections/approvals/acceptances by city, county, state governmental entities or other authorities having jurisdiction, (g) CONTRACTOR delivers to OWNER assignments of all guarantees and warranties from subcontractors,vendors, suppliers or manufacturers, as well as names, addresses and telephone numbers of contacts for each subcontractor,vendor, supplier or manufacturer; (h) CONTRACTOR removes all equipment,tools, temporary facilities, surplus materials and rubbish from the site, and final cleans the site to OWNER's satisfaction, (i) CONTRACTOR delivers to OWNER a Full and Final Release and Affidavit of Bills Paid in the form attached hereto as Attachment No. 2, executed by CONTRACTOR, (j) CONTRACTOR delivers to OWNER all other documentation required to be submitted to OWNER pursuant to the Contract Documents, including but not limited to any special'guarantees or warranties, operation and maintenance manuals, etc' in each case m 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 arismg out of third party actions, cross-claims and counterclaims. No interest shall be due or payable by OWNER to CONTRACTOR on any sums retained or withheld by OWNER pursuant to the terms or provisions of the Contract Documents, except as otherwise provided by applicable law Neither the Certificate of Substantial Completion nor the Final Payment nor possession or acceptance of the Work shall relieve the CONTRACTOR of its obligation for correction of defective or non- conforming Work, or for fulfillment of any warranty, which may be required by law or by the Contract Documents. 6 10 CORRECTION OF WORK BEFORE FINAL PAYMENT The CONTRACTOR shall promptly remove from OWNER's premises all materials, equipment or Work which is defective or otherwise not in conformance with the Contract Documents, whether actually incorporated in the Work or not, and CONTRACTOR shall, at his own expense, promptly replace such materials, equipment or Work with other materials conforming to the requirements of the Contract. The CONTRACTOR shall also bear the expense of restormg 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. 11-2021 00700-25 of 35 Page 107 of 539 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6 11 CORRECTION OF WORK AFTER FINAL PAYMENT If within one (1) year from the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR shall, at its sole cost, correct it and any other work affected thereby promptly after receipt of a written notice from OWNER to do Iso 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 penod sliall 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 m 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 nghts 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-conformmg 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 adjoming 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 withm the Contract Time; (g) Failure on the part of the CONTRACTOR to execute any and all documents, releases or other documents presented to the CONTRACTOR for execution, as provided for herein or otherwise; (h) Liquidated or other damages due to late completion, and/or (i) Any breach by CONTRACTOR of this Contract or any other agreement between OWNER and CONTRACTOR. When the above grounds are removed to OWNER's satisfaction,the withheld payment shall be made promptly If the said causes are not so remedied, OWNER may remedy the same for CONTRACTOR's account, charge the entire cost thereof to CONTRACTOR and deduct such cost 11-2021. 00700-26 of 35 Paae 108 of 539 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT from the Contract Sum or from any payments due or to become due under any other agreement between OWNER and CONTRACTOR. 6 13 DELAYED PAYMENTS Should the OWNER fail to make payment to the CONTRACTOR when payment is due in accordance with the terms of the Contract Documents, any interest due CONTRACTOR for late payments shall accrue and be paid in accordance with the provisions of Chapter 2251 of the Texas Government Code, as amended, and payment of such interest shall fully liquidate and compensate any injury to the CONTRACTOR growing out of such delay in payment. Should OWNER fail to pay CONTRACTOR an undisputed amount due within the time limits provided in the Contract or applicable law, CONTRACTOR shall give the notice required and comply with the provisions of Section 2251 051 of the Texas Government Code, and shall thereupon be entitled to the nghts and remedies provided therein. 7.0 EXTRA WORK AND CLAIMS 7 01 DIFFERING SITE CONDITiIONS Dunng 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 m the contract or from those ordinarily encountered and generally recognized as inherent m 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, excludmg anticipated profits,i will be made and the contract modified in writing accordmgly The ENGINEER will notify the CONTRACTOR m writing of the determination whether or not an adjustment of the contract is warranted. (b)No contract adjustment which results in a benefit to the CONTRACTOR will be allowed unless the CONTRACTOR has provided the required written notice. (c)No contract adjustment will be allowed under this clause for any effects caused on unchanged work. 7 02 SUSPENSIONS OF WORK ORDERED BY THE ENGINEER. If the performance of all or any portion of the work is suspended by the ENGINEER in writing for seven(7) calendar days and the CONTRACTOR believes that additional compensation and/or contract time is due as a result of such suspension,the CONTRACTOR shall submit a written request for adjustment to the ENGINEER within seven(7) calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. (a) Upon receipt, the ENGINEER will evaluate the CONTRACTOR's request. If the ENGINEER agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the CONTRACTOR, its suppliers, or subcontractors at any approved tier, and not caused by weather,the ENGINEER will make an adjustment(excluding profit) and modify the contract m writing accordingly The CONTRACTOR will be notified of the ENGINEER's determination, m wntmg,whether or 11-2021 00700-27 of 35 Paae 109 of 539 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT not an adjustment of the contract is warranted. (b)No contract adjustment will be allowed unless the CONTRACTOR has submitted the request for adjustment within the time prescribed. (c)No contract adjustment will be allowed under this clause to the extent that performance would have been suspended by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this contract. 1 7 03 CHANGE ORDERS Without invalidatmg 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'po 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 providmg 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 Pnce or time. If the CONTRACTOR believes that any minor changes authorized by the ENGINEER mvolves Extra Work or entitles him to an mcrease 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 begmmng the changed work. CONTRACTOR's commencement of any minor change m the Work prior to such written notice and request shall constitute a waiver of any and all claims for an increase in the Contract Price or the Contract Time arising out of or related to such changed work. 7 06 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all work when presented with a written Change Order, Work Change Directive or Work Order signed by the ENGINEER, subject, however, to the right of the CONTRACTOR to require written confirmation of such Change Order, Work Change Directive or Work Order by the OWNER. It is agreed that the basis of compensation or adjustment to the CONTRACTOR for work either altered, added or deleted by a Change Order or Work Change Directive, or for which a claim for Extra Work is made, shall be determined by one or more of the followmg 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 11-2021 00700-28 of 35 Pane 11 n of 539 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Method(C) --If neither Method (A) nor Method (B) can be agreed upon before the Extra Work is commenced, then,the CONTRACTOR shall be paid the "Actual Field Cost" of the work plus. a) For subcontractors performing work mark-up shall be limited to fifteen percent, ten (10%) for the subcontractor plus five (5%) for the General Contractor or b) For the General Contractor alone, self-performing the extra work,without subcontractor, the mark-up shall not exceed ten percent (10%), as full and final compensation for the Extra Work and all costs and expenses, direct or indirect, ansmg 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 Mamtenance 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 m 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 Amenca where practicable. The mark-up of the "Actual Field Cost" to be paid to the CONTRACTOR, shall cover and compensate him for his profit, overhead, and all other elements of cost and expense not embraced within the "Actual Field Cost" as herein defined, save that where the CONTRACTOR's field office must be maintained solely on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "Actual Field Cost." No claim for Extra Work of any kind will be allowed unless ordered by the ENGINEER in a written Work Order In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the Contract Time, he shall make written request to the ENGINEER for a wntten 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 11-2021 00700-29 of 35 Pano 111 of SgQ CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR to perform the work, and the CONTRACTOR shall proceed with the work, and shall keep an accurate account of the "Actual Field Cost" thereof, as provided under Method (C). Upon completion of the alleged Extra Work, the CONTRACTOR shall promptly and withm ten (10) days submit his claim to the ENGINEER by proper certification and attestation, on forms provided by the ENGINEER. I 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 m 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 m 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 project management system, and filed with the ENGINEER within three (3) day 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,I 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 withm ten (10) days after the date of the CONTRACTOR's request, or such longer period as may be agreed to by the parties in writing. If the CONTRACTOR shall still be aggrieved after a meeting with the OWNER and/or his representative, the CONTRACTOR shall have sixty (60) days after the date of the meeting, or such longer period as the parties may agree to in writing, to file a Request for Mediation of such claim in accordance with the provisions of Article 9 0 In the event the CONTRACTOR shall fail, for any reason, to timely file a Request for Mediation, the OWNER shall be released of any and all liability, and the CONTRACTOR's failure to timely file a Request for Mediation shall constitute a waiver, forfeit and final bar of all such claims held by the CONTRACTOR against the OWNER. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 8.0 DEFAULT 8 01 DEFAULT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume Work withm 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 obhgations under the Contract, OWNER shall have the right, if it so elects and 11-2021 00700-30 of 35 Paae 112 of 539 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT without prejudice to any other rights it may have, after giving five (5) days written notice of default to CONTRACTOR and any surety, to terminate the Contract or any part thereof and/or to take over or cause others to take over the Work or any part thereof, and to complete such Work for the account of CONTRACTOR. Where Performance and Payment Bonds exist, the sureties on these bonds shall be directed to complete the Work in conjunction with the notice of default, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of default,the CONTRACTOR shall promptly and within no more than three (3) days, remove from the Work any machinery, equipment, or tools then on the job, not intended for incorporation into the Work. Should CONTRACTOR fail to promptly remove such machinery, equipment or tools, OWNER may remove such machinery, equipment or tools and store same at CONTRACTOR's expense, return such machinery, equipment or tools to their purported owner; or otherwise dispose of such machinery, equipment or tools as OWNER sees fit. Any materials, supplies and/or equipment delivered for use m 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 m the final settlement. Where there is no Performance Bond or in case the surety should fail to commence compliance with the notice for completion heremabove 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, matenals and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall be credited with the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by such CONTRACTOR, then the CONTRACTOR and/or his surety shall promptly pay the amount of such excess to the OWNER upon demand, or (b) The OWNER, under sealed bids, under the times and procedures provided for by law, may let the contract for completion of the Work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the OWNER under the 'completion contract, as compared to what would have been the cost under this Contract, such increase shall be charged to the CONTRACTOR, and the amount of such increase may be deducted by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR, or the CONTRACTOR and/or his surety shall promptly pay the amount of such mcrease to the OWNER 11.2021 00700-31 of 35 Page 113 of 539 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT upon demand. However, should the cost to complete any such completion contract prove to be less than what would have been the cost to complete under this Contract,the CONTRACTOR and/or his surety shall be credited therewith. In the event of a default by CONTRACTOR, no further payments shall be made to CONTRACTOR under the Contract until the Work is Finally Completed. When the Work shall have been Finally Completed, the CONTRACTOR and his surety shall be so notified. A complete itemized statement of the Contract;accounts, certified by the ENGINEER as bemg correct, shall then be prepared and delivered I 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 m 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 remam 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 m 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. 11-2021 00700-32 of 35 Page 114 of 539 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8 03 CUMULATIVE REMEDIES & SPECIFIC PERFORMANCE. All rights and remedies of OWNER, under the terms of the Contract and/or available at law or in equity, are cumulative. In the event CONTRACTOR or any of its subcontractors, vendors or suppliers fails or refuses for any reason to provide timely manufacture, fabrication, delivery, installation, erection, construction or completion of any supplies, materials, expendables, equipment, machinery, accessories or appurtenances to be furnished hereunder, CONTRACTOR acknowledges and agrees that such items are required, necessary, essentially unique to the Project and the Work and will cause irreparable harm to OWNER and the Project if not furnished in accordance with the Contract, and OWNER shall have the right to obtam 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 nght 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. Accordmgly, rt is agreed that should CONTRACTOR become a debtor in bankruptcy, either voluntary or involuntary, CONTRACTOR shall notify OWNER in writmg within twenty-four (24) hours of the filmg 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 withm 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 m 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 m any and all subcontracts and/or purchase orders entered into by CONTRACTOR pursuant to this Agreement, such assignment to become effective upon CONTRACTOR's default under this Agreement or OWNER's 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 wntten 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 11-2021 00700-33 of 35 Paae 115 of 539 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT shall be obligated to pay such subcontractor any amounts due and owing under the terms of the subcontract/purchase order, at the subcontract prices and rates, and subject to any rights of withholding or offset and other terms and conditions of the subcontract, for all work properly performed by such subcontractor, to the date of OWNER's acceptance and thereafter OWNER's liability in this connection, however, shall not exceed the amount obtained by subtracting all payments made by CONTRACTOR to subcontractor from the Subcontract Pnce at the time of CONTRACTOR's default or OWNER's termmation of CONTRACTOR. CONTRACTOR shall mclude a provision m its subcontracts that allows such assignment and allows OWNER to take these actions, and further provides that in the event of CONTRACTOR's termination for default, the subcontractor agrees to give the lOWNER or its agent the right to mspect 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, mcludmg,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 claims1 for lost profit,whether on this Contract or otherwise. 8 08 TERMINATION FOR CONVENIENCE. OWNER may at its sole discretion, upon five (5) days wntten notice to CONTRACTOR, terminate this Contract, in whole or in part, if and when OWNER determmes 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 Ibe paid for all Work performed m 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 terns of this Contract regardmg payment. In no event will CONTRACTOR receive or be entitled to any payment or compensation whatsoever for interruption of business or loss of business opportunities, any other items of consequential damages, for overhead or loss of profits on the unperformed Work and/or services and unfurnished materials or for any intangible, impact or similarly described cost, damages or expense, and under no circumstances shall the total sum paid to or received by CONTRACTOR under this Contract exceed the Contract Pnce. The compensation provided herein shall be CONTRACTOR's sole and exclusive remedy arising out of a termmation for convenience. 8 09 DEFAULT BY OWNER. In case the OWNER shall default on its material obligations under this Contract, other than OWNER's failure to pay CONTRACTOR a disputed amount due within the tune lumts provided m 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 wntten 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 mcluded in payments to the CONTRACTOR and have not been incorporated mto 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 11-2021 00700-34 of 35 Page 116 of 539 II CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT said CONTRACTOR (at the Contract Prices), the value of all partially completed Work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this Contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole Work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting frond 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 nghts, claims or causes of action of CONTRACTOR ansmg 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 ansmg out of or relatmg 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 proceedmg 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 m Brazoria County, Texas, for venue purposes. Further, the OWNER and CONTRACTOR stipulate that venue for any dispute resolution proceedmg mvolvmg or touchmg upon the Contract other than the conduct of an arbitration hearing shall be in Brazoria County, Texas, or, if such choice of venue is prohibited or unenforceable by law, shall be held in the county where the Project is located. CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in the event OWNER seeks to enforce any provision of this Contract whether by arbitration or other dispute resolution process. Further, in the event OWNER defends any claim instituted by CONTRACTOR agamst 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 prevailmg party, in whole or m part, m such proceeding. 11-2021 00700-35 of 35 Pape 117 of 539 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 authonty to self-msure 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 mcludes 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 providmg 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, mdependent 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, haulmg, or delivering equipment or materials, or providmg 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 dehvenes, 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 pnor 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; pnor to the end of the coverage period, file a new certificate of coverage with the OWNER showmg that coverage has been extended. E. The CONTRACTOR shall obtain from each subcontractor or other person providing services on a project, and provide to the OWNER. (I) a certificate of coverage,prior to that person beginning work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 05/2007 00700-Al Paae 118 of 539 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 ihereafter 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 matenally affect the provision of coverage of any person providing services on the Project. H. The CONTRACTOR shall post on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. NOTICE REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation msurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440- 3789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project,too (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for all of its employees providing services on the Project, for the duration of the Project; (2) provide to the CONTRACTOR,pnor 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 Page 119 of 539 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) retam 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 providmg services. J By signing this Contract or providmg 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 nghts 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 Page 120 of 539 i CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 2 TO GENERAL CONDITIONS AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE In consideration of the Final Payment under that certain contract between [Contractor's Company Name] (hereafter "CONTRACTOR") and the City of Pearland (hereafter "OWNER") for the Project known as SMITH RANCH ROAD (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 appropnate 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 m full for all other Applications for Payment submitted under the Contract, and that CONTRACTOR has been fully compensated for ally 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 matenals or equipment, and that OWNER shall not be subject to any bills, claims, demands, litigation or suits m 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 Page 121 of 539 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT SIGNED and EXECUTED this, the day of nDLek.,4,.., ,202q CONTRACTOR. By- Sign e Print Name Title: 1 [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.] SIGND and REqUJED this,the IL day of no,b•Q.,r- 20�_by I j r ., Urn Otei , 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. CONT TOR. 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 Pane 122 of 539 CITY OF PEARLAND . GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS § , COUNTY OF QI r Y'Y S 1 § BEFORE ME, the undersigned authority, on this day personally appeared the person or persons whose name(s) are subscribed to the above andtforegoing 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 foregomg are true and correct. CONTRACTOR-Affiant nDve.-nbr SWORN TO AND SUBSCRIBED TO before me, the ` day of 2094 ""''�, ANGELA CATHLEEN MCDOUGAL Notary Public, State of Texas \��gStY PV9�i Notary Public,State of Texas Comm.Expires 03-242026 '#;4.4.OF ;� Notary ID 133666488 0#4CJCk nnn� My Co ssio xpires /42'4 [This form is for use in the event CONTRACTOR is a corporation.] 07/2006 00700-B3 Pace 193 of 539 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS § COUNTY OF § i 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 m the Charter of said corporation,the By-Laws of said corporation and/or the Minutes of said corporation, and the facts, statements ands representations as set out m 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 Page 124 of 539 ACCORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `----- .. 10/23/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED --PRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ORTANT If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. JBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does-not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ACT NAME: Aileen Escobedo Alliant Insurance Services, Inc. PHONE FAX 16000 N. Dallas Pkwy (ac.No.Ext):214-316-2613 (A/C,No): Suite 850 ADDRESS: Aileen.Escobedo@alliant.com Dallas TX 75248 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A.Liberty Insurance Corporation - 42404 INSURED STERCON-01 INSURER B.Liberty Mutual Fire Insurance 23035 Texas Sterling Construction Company - 20810 Fernbush Lane INSURER C. Houston,TX 77073 INSURER D. INSURER E. INSURER F. COVERAGES CERTIFICATE NUMBER.1932185531 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER /YPOLICY EFF POLICY EXP LIMITS (MM/DDYYlf7 (MM/DD/YYYY) B X COMMERCIAL GENERAL LIABILITY Y TB2-691-474528-024 6/1/2024 6/1/2025 EACH OCCURRENCE $5,000,000 1 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence). $500,000 X Contractual Liab I MED EXP(Any one person) . $10,000 PERSONAL&ADV INJURY $5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $10,000,000 POLICY X 'C LOC i PRODUCTS COMP/OP AGG $10,000,000 OTHER: $ UTOMOBILE LIABILITY AS2-691-474528-014 6/1/2024 6/1/2025 COMBINED SINGLE LIMIT ' $5,000,000 I _ (Ea accident) I C ANY AUTO BODILY INJURY(Per person) $ • OWNED SCHEDULED I -BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE ' $ AUTOS ONLY AUTOS ONLY (Per accident) $ A X UMBRELLA LIAB X OCCUR TH7-691-474528-054 6/1/2024 6/1/2025 EACH OCCURRENCE $5,000,000 EXCESS LIAB •CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ i .$ B WORKERS COMPENSATION WA5-69D-474528-034 6/1/2024 6/1/2025 X STATUTE OTH- ER AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE . .N E:L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? • N/A ---- -- (Mandatory In NH) E.L.DISEASE EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) TXDOT is included as Additional Insured with respect to General Liability policy where required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED_POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Pearland 3519 Liberty Drive AUTHORIZED REPRESENTATIVE Pearland TX 77581 AC----11 I - ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD :POLICY NUMBER.TB2-691-474528=024 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to 1 All work, including materials, parts or include as an additional insured the persOn(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only with work,. on the project (other than service; respect to liability for "bodily injury", "property maintenance or repairs) to be performed by or damage" or "personal and advertising injury" on behalf of the additional insured(s) at the caused, in whole or in part, by location of the covered operations has been 1 Your acts or omissions; or completed; or 2. 'The acts or omissions of those acting ion your 2. That portion of "your work" out of which the behalf; injury or damage arises has been: put to its in the performance of your ongoing operations for intended use by any person or organization other 'the additional insureds) at the locations) than another contractor or subcontractor designated above. engaged in performing operations for a principal as a part of the same project. However C. With respect to the insurance afforded to these ( 1 The insurance afforded to such .additional additional insureds, the following is added to insured only applies to the extent permitted by Section III—Limits Of Insurance: law; and. If coverage provided to the additional :insured is 2. If coverage provided to the additional insured is required by a contract or agreement, the most we required by a contract or agreement, the will pay on behalf of the additional insured is the insurance afforded to such additional insured will amount of insurance: not be broader than that which you are required 1 Required by tile contractor agreement; or by the contract or agreement to provide for such additional insured. 2. Available under the applicable limits of B. With respect to the insurance afforded to these insurance; additional insureds, the- following additional whichever is less. exclusions apply This endorsement shall not increase the This :insurance does not apply to "bodily injury" or applicable limits of insurance. "property damage"occurring after Schedule Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Organization(s); Any person or organization you are required to name as All locations as required by written contract or an Additional Insured under this policy under a written agreement entered into prior to an"occurrence"or contract or agreement prior to an"occurrence"or offense, offense except where such requirement is prohibited•by law Information required to complete this Schedule, if'not shown above,will be shown in the Declarations. :CG 20 10 12 19 ©Insurance Services Office, Inc.,2018 Page 1 of 1 :POLICY NUMBER.TB2-691-474528-024 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS_ENDORSEMENT CHANGES THE:POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under.:the following: COMMERCIAL:GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE.PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury' or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: :performed for that additional insured and included in the"products-completed operations hazard" 1 Required by the contract or agreement; or However* 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance, insured only applies to the extent permitted by whichever is less. law;and This endorsement shall not increase the applicable 2. If coverage provided to the additional insured is limits of insurance: required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Schedule Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Any person or organization you are required to name as All locations as required by written contract or an Additional Insured under this policy under a written agreement entered into prior to an"occurrence"Or offense contractor agreement prior to an"occurrence"or offense, where the written contractor agreement obligates you to except where such requirement is prohibited by law procure completed operations coverage for the Additional Insured. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. :CG 20 3712 19 ©Insurance Services Office, Inc.,2018 Page 1 of 1 Policy Number TB2-691-474528-024 Issued:by Liberty Mutual'Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY OTHER INSURANCE AMENDMENT—SCHEDULED ADDITIONAL.INSURED This endorsement modifies insurance provided under the following: 1 COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART If you are obligated under a written agreement to provide liability insurance on a primary; excess, contingent; or any .other basis for any person(s) or organization( ) shown in.the Schedule of this endorsement that qualifies as an .additional insured on this Policy, this Policy will apply solely on the basis required:by such written agreement and Paragraph 4. Other Insurance.of Section IV 4 Conditions will not apply Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV— Conditions will apply However, this insurance is excess over any other insurance available to the additional insured.for which it is also covered as an additional insured for the same"occurrence", claim.or"suit" i Schedule Name Of Person(s)or Organization(s): Any person(S) or organization(s) to whom you are obligated by written contract or agreement, prior to an "occurrence" or offense, to procure Additional Insured coverage on a primary and non-contributory basis under your policy .1. LC 24 2011 18 ©2018 Liberty Mutual Insurance Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,With its:permission. POLICY NUMBER.TB2-691-474528-024 COMMERCIAL GENERAL LIABILITY j CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE:POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS.LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS The following. is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s). shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. Schedule Name Of Person(s)Or Organization(s): Any person or organization required by written contract or agreement, prior to an "occurrence" or offense, to waive your right of recovery, except where such requirement is prohibited by law Information required to complete.this Schedule, if not shown above,will be shown in the Declarations. CG 24 0412.19 ©Insurance Services Office, Inc.,2018 Page 1 of 1 Policy Number TB2-691-474528-024 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY-UMBRELLA COVERAGE FORM A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule of this endorsement We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the.third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy All other terms and conditions of this:policy remain unchanged. Schedule Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: Organization(s): Per file on schedule with the Company Per file on schedule with the Company 30 LIM 99 01 0511 ©2011, Liberty Mutual Group of Companies. All rights reserved. Page 1 Of 1 Includes copyrighted material of Insurance Services O.ffice,:Inc.,with its permission. POLICY NUMBER AS2-691-474528-014 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement identifies person(s) or organ,ization(s)who are"insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s)Or Organization(s): Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy Information required to complete this Schedule if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage,but only to the extent that person or organization qualifies as an "insured"under the Who Is An Insured provision contained in Paragraph A.1 of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2.of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 Policy Number'As2-691-474528-014 Issued by' Liberty Mutual Fire Insurance Co THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY DESIGNATED INSURED- NONCONTRIBUTING This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s)or Organizations(s). , Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy Regarding Designated Contract or Project: Where required by written contract entered into prior to a loss Each person or organization shown in the Schedule of this endorsement is an "insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance iCondition If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. AC 84 23 08 11 ©2010, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER. AS2-691-474528-014 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name(s)Of Person(s)Or Organization(s): Any person or organization for whom you perform work under a written contract if the contract requires you to obtain this agreement from us, but only if the contract is executed prior to the injury or damage occurring. Premium $ INCL Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 Policy Number.AS2-691-474528-014 Issued By. Liberty Mutual Fire Insurance Co THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE PART , MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART i Slchedule Name of Other Person(s)/ Email Address or mailing Number Organization(s) address Days Notice. Per file on schedule with Per file on schedule with 30 the Company the Company A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B This advance notification of a pending cancellation of coverage is intended as a courtesy only Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy All other terms and conditions of this policy remain unchanged. LIM 99 01 0511 ©2011, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy Number: TH7-691-474528-054 (b) To the spouse, child, parent, brother or sister of that co-employee or volunteer worker as a consequence of Paragraph (1)(a) above, (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or(1.)(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, Paragraphs (1)(a), (1)(b) and (1)(c) do not apply to the extent underlying insurance provides coverage for such person(s). Coverage under this policy will be no broader than that provided by underlying insurance. Insurance provided by this policy for bodily injury to a co-employee or volunteer worker will not apply if the injured co-employee's or volunteer worker's sole remedy for such injury is provided under a workers'compensation law or any��similar law (2) Property damage to property. (a) Owned, occupied, used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; you, any of your employees,volunteer workers, any partner or member (if you are a.partnership or joint venture), or any member(if you are a limited liability company) b. Any person (other than your employee)or any organization while acting as your real estate manager c. Any person or organization having proper temporary custody of your property if you die, but only (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed d. Your legal representative, if you die, but only with respect to duties as such That representative will have all your rights and duties under this policy GQ, G'n j_oerson GP organization included al)im additional insured underlying insurance. Coverage under b0 t Et provided( /under', in oolic C, o- �broader n However;. ((97ihn insurance afforded fumai additional insured co&a o o lies ibtili21 extent o ermitted o, Magi ( }coverage provided aDatg additional insured lb required b a contract CG'agreement,this insurance will tg iD broader Sail 61E2 MINiit) required L,l Q21 contract Gr a'reement t j provide 1 P pL 1 additional iosur�ed. %)2111tkilkice Insurance applicable'50 the additional ins"wre'd incltu'ded within,and croc8 in addition to, be Limits of tosurance show..n in the ©eclaratioos. f Any person while using with your permission a covered auto and any person or organization legally responsible for its use, but only if that person is an insured with respect to liability arising out of the ownership, maintenance, use or entrustment to others of covered autos. 5. Any organization you newly acquire or form,other than a partnership,joint venture,or limited liability company, and over which,you maintain ownership or majority interest, will qualify as an insured under this policy if there is no other similar insurance available to that organization and that organization qualifies as an insured in underlying insurance. However LCU 00 01 01 18 ©2017 Liberty Mutual Insurance Page 3 of 24 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Policy Number. TH7-691-474528-054 d. The total applicable limits of all underlying insurance do not decrease, except for any reduction or exhaustion of aggregate limits by payment of judgments or settlements, and e. You notify us in writing, as soon as practicable, if any underlying insurance is cancelled, not renewed, replaced or otherwise terminated, or if the limits or scope of coverage of any underlying insurance is changed Failure to comply with these requirements will not invalidate this insurance. However, in the event of such failure, we will only be liable to the same extent that we would have been, had you fully complied with these requirements. , I 10. Named Insureds a. The first named insured is authorized to act and agrees to act on behalf of all persons or organizations insured under this policy with respect to all matters pertaining to the insurance afforded by the policy b. Each Named Insured is jointly and severally liable for (1) All premiums due under this policy; and (2) Any other financial obligations of any Named Insured to us arising out of any agreements contained in this policy 11. Other Insurance This insurance is excess over, and will not share or contribute with any other insurance whether primary, excess, contingent or on any other basis. However, this insurance will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured on such other insurance; b. You have agreed in a written contractor agreement with the additional insured that this insurance would not seek contribution from any other insurance available,, c. Underlying insurance includes the person or organization as an additional insured, and d. Underlying insurance provides coverage to the person or organization on a primary and noncontributory basis. 12. Representations By accepting this policy, you agree a. The statements in the Declarations are accurate, complete and based on information and representations you provided or made to us; b. We have issued this policy in reliance upon your information and representations. 13. Separation of Insureds Except with respect to the Limits of Insurance of this policy and any rights or duties specifically assigned to the first named insured,this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or suit is brought. LCU 00 01 01 18 ©2017 Liberty Mutual Insurance Page 17 of 24 Includes copyrighted material of Insurance Services.Office, Inc.,with its permission. Policy Number. TH7-691-474528-054 14 Terms Conformed to Statute The terms of this policy which are in conflict with the statutes, laws, ordinances or regulations of the state or jurisdiction where this policy is issued are amended to conform to such statutes,laws,ordinances or regulations. 15. Trade or Economic Sanctions This insurance applies except to the extent coverage is in violation of any trade or economic sanction, embargo or similar regulation imposed by the United States of America. in Transfer C2 Ri hts CQ Recove A ainst Others to a. If any insured has rights to recover all or part of any payment we have made under this policy,those rights are transferred to us.The insured will do all that is necessary to secure such rights and must help us enforce them The insured will do nothing after.loss to prejudice such rights. We have the right to recover our payments from anyone liable for injury or damage covered by this policy We waive any right of recovery we may have against a person or organization, if you waive any right of recovery against such a person or organization in a written contract, but only if such contract was executed prior to injury or damage. b. Any recoveries shall be applied as follows: (1) Any person or organization, including the insured, that has paid an amount in excess of the applicable Limits of Insurance of this policy will be reimbursed first; (2) We then will be reimbursed up to the amount we have paid; and (3) Lastly,any person or organization, including the insured,that has paid an amount over which this policy is excess is entitled to claim the remainder Expenses incurred by us in the exercise of the rights of recovery shall be apportioned among the persons or organizations, including the insured, in the i.atio of their respective recoveries as finally settled 17 Transfer of Your Rights and Duties Your rights and duties under this policy may not be transferred without our written consent. If you die or are legally declared bankrupt,your rights and duties will be transferred to your legal representative, but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property However,in such event, notice of cancellation of this policy sent to the first named insured and mailed to the last mailing address known to us will be sufficient notice to effect cancellation of this policy 18. Unintentional Failure to Disclose There will be no coverage under this policy for hazards you fail to disclose at the inception of the policy period, except that unintentional failure of the Named Insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of any coverage afforded by this policy However, you must report the hazard to us as soon as practical after discovering the failure to disclose. 19. When Loss is Payable Coverage under this policy will not apply unless and until the insured or the underlying insurer has paid or is obligated to pay the full amount of the retained limit. However, when an agreed settlement or final judgment has been determined, we will promptly pay on behalf of the insured those sums falling within the terms of this policy LCU 00 01 01 18 ©2017 Liberty Mutual Insurance Page 18 of 24 Includes-copyrighted material of Insurance Services Office, Inc.,with its permission. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Where required by contract or written agreement prior to loss and allowed by law All work associated with Any person or organization for which the insured had agreed by written contract executed prior to loss to furnish this waiver, including the Sundt Companies, Inc., and Sundt Construction Inc., The Project Owner, their respective directors, officers, agents, employees, and other as required by a written contract. Premium is included in the applicable state blanket waiver's premium charge. Issued by LM Insurance Corporation 27243 For attachment to Policy No.WA5-69D-474528-034 Effective Date Premium$ Issued to Sterling Construction Company, Inc. Endorsement No. WC 00 0313 ©1983 National Council on Compensation Insurance. Page 1 of 1 Ed.04/01/1984 NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the'notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy Schedule Name of Other Person(s)/ Email Address or mailing address: Number Days Notice: Organization(s) Per Schedule on file with the 30 Company All other terms and conditions of this policy remain unchanged. Issued by LM Insurance Corporation 27243 For attachment to Policy No.WA5-69D-474528-034 Effective Date Premium$ Issued to Sterling Construction Company, Inc. Endorsement No. WC 99 20 75 ©2016 Liberty Mutual Insurance Page 1 of 1 Ed. 12/01/2016 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. 14 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. 21 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 mamtam 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 herem, the msolvency, bankruptcy or failure of any insurance company carrying insurance of the Contractor, nor the failure of any insurance company to pay claims accrumg, 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 wntten 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-C1 Paae 125 of 539 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 compames 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 herem and shall contam no endorsements that restrict, limit, or exclude coverage required herein m any manner without the prior express written approval of the Owner 3 4 Limits of Liability iThe 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. ti 10-2012 00700-C2 Paae 126 of 539 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 14 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 Matenal Reduction m Coverage, as required m 3.5, above. d. Personal Injury Liability The personal injury contractual liability exclusion shall be deleted. e. Pnmary and Non-Contributing Liability It is the intent of the parties to this Agreement that all insurance required herein shall be pnmary 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' msurance, whether primary, excess contingent, or on any other basis. The Contractor's msurance 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 Page 127 of 539 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4 1.5 Contmuing Commercial General Liability Insurance. The Contractor shall maintam 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 statmg Work completion date 4.2 Auto Liability Insurance 4.2.1 Coverage. Such insurance shall cover liability arising out of any auto (includmg 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 Matenal 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 m 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 mclude 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 Paae 128 of 539 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 mamtam such msurance in identical coverage, form and amount, mcluding 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 statmg 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 drawmg required by the work. Such insurance shall indemnify the Owner from claims ansing 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 pnor 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 mamtam such msurance m 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 Paae 129 of 539 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4 6.2 Covered Property. Such insurance shall cover a. all structure(s) under construction, including retaining walls, paved surfaces and roadways, bndges, glass, foundation(s), footings, underground pipes and wlnng, excavations, grading, backfilling or filling; b all temporary structures (e.g., fencing, scaffolding, cribbing, false work,1 forms, site hghtmg, 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 mcludmg materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and 1 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 bemg excess, secondary and non- contributing. b No protective safeguard warranty shall be permitted. c. Required coverage shall further include: i. Addihonal expenses due to delay m $ TBD completion of project(where applicable) u. Agreed value Included without subhmit 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 vui. 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 Page 130 of 539 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT material reduction—60 days prior wntten notice to each insured xii. Occupancy clause, as required in F, Included below xiii. Ordinance or law Included without.subinmt xiv Pollutant clean-up and removal $ TBD xv Preservation of property Included without sublimit xvi. Replacement cost Included xvu. Theft Included without sublimit xviii. Waiver of subrogation as required m 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. 1' 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 Spnnlder $25,000 Leakage, Per Occurrence 4 6.5 Tennmation 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 m 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 m the Covered Property of all insureds other than Contractor have ceased. 10-2012, 00700-C7 Paae 131 of 539 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 m part, your nghts 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 msurance 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 pnor 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 msurance, and endorsements shall specify- 6.3 1 The Owner as a certificate holder with correct mailmg address. 6.3.2 Insured's name,which must match that on this Agreement. 6.3.3 Insurance compames affording each coverage, policy number of each coverage, policy dates of each coverage, all coverages and limits described herein, and signature of authonzed 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 herem. 6.3 6 Amount of any deductibles and/or retentions. 6.3 7 Cancellation, non-renewal and matenal reduction m coverage notification as required by this Agreement. Additionally, the words "endeavor to" and "but failure to mail such notice shall impose no obligation or habihty 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 Page 132 of 539 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 maintam such msurance. 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 msurance 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 m these insurance requirements as they apply to subcontractors. The Contractor shall maintain certificates of insurance from all subcontractors containing provisions similar to those listed herem (modified to recognize that the certificate is from subcontractor) enumerating, among other things, the waivers of subrogation, additional msured 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-msurance, 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 Pant.11R of 53U CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT subcontractors to waive, any claim for damage or loss to said property m 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, mcludmg 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 m 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, mcludmg the deductible and/or uninsured portion thereof, maintained and/or required to be maintained by the Contractor and/or its subcontractors pursuant to this Agreement. 10-2012 00700-C10 Paae 134 of 539 CITY OF PEARLAND LGPP GENERAL CONDITIONS SMITH RANCH ROAD EXPANSION AND SCOPE OF WORK PROJECT Section 00770-T ITEM 4L—LGPP GENERAL CONDITIONS AND SCOPE OF WORK 1 CONTRACT INTENT The intent of the Contract is to describe the completed work to be performed. Furnish materials, supplies,tools, equipment, labor, and other incidentals necessary for the proper!prosecution and completion of the work in accordance with Contract documents. 2. PRECONSTRUCTION CONFERENCE Before starting work, schedule and attend a preconstruction conference with the Owner Failure to schedule and attend a preconstruction conference is not grounds for delaying the beginning of working day charges. Work with the Owner to resolve all issues during the course of the Contract. Refer to 00700 General Conditions, Articles 3 05, "Determination of Questions or Disputes" and 9 0, "Dispute Resolution,"for all unresolved issues. 3. PARTNERING -The intent of this Article is to promote an environment of trust,mutual respect, integrity, and fair-dealing between the Owner and the Contractor Informal partnermg does not make use of a facilitator,while formal partnering uses the services of a facilitator(internal or external) 3.1 Procedures for Partnering Meetings and Format. Informal partnering is required,unless formal partnering is mutually agreed to instead of the informal partnering. 3.2. Facilitators. The facilitator is to act as a neutral party seeking to initiate cooperative working relationships. This individual must have the technical knowledge and ability to lead and guide discussions. Choose either an mternal or external facilitator. The facilitator must be acceptable to the Engineer 3.2.1 Internal Facilitators.An Owner or Contractor internal(staff) facilitator may be selected as the facilitator at no additional cost to either party 3.2.2. External Facilitators. A private firm or individual that is independent of the Contractor and the Owner may be selected as the facilitator Submit the facilitator's name and estimated fees for approval before contracting with the facilitator COP 11-2021 Item 4L 1 of 6 Pape 135 of 539 CITY OF PEARLAND LGPP GENERAL CONDITIONS SMITH RANCH ROAD EXPANSION AND SCOPE OF WORK PROJECT 3.3. Meetings and Arrangements. Coordinate with the Engineer for meeting dates and times, locations including third party facilities, and other needs and appurtenances, including,but not limited to, audio or visual equipment.Make all meeting arrangements for formal partnering. Use Owner facilities or facilities in the vicmity of the project if available. Submit the estimated meeting costs for approval before finalizing arrangements. Coordinate facilitator discussions before the partnermg meeting to allow the facilitator time to prepare an appropriate agenda. Prepare a list of attendees with job titles and include critical Contractor, subcontractor, and supplier staff in the list. Provide the facilitator the list of attendees and invite the attendees listed. The Owner will invite and provide a list of attendees that includes,but is not limited to, Owner, TxDOT, other local governments, law enforcement,railroad, and utility representatives. Participate in additional partnering meetings as mutually agreed. 3.4 Payment. Expenses for labor, Contractor equipment, or overhead will not be allowed. Markups as prescribed in Item 9 7, "Payment for Extra Work and Force Account Method,"will not be allowed. Informal partnering will be conducted with each party responsible for their own costs. For formal partnering using internal facilitators,the Contractor will be responsible for arrangements and for expenses incurred by its internal facilitator, mcluding, but not limited to,meals, travel, and lodging. Owner facilitators, if available,may be used at no additional cost. For formal partnering using external facilitators, submit an invoice to the Engmeer for reimbursement. The Owner will reimburse the Contractor for half of the eligible expenses as approved.For external facilitators not approved by the Owner but used at the Contractor's option,the Contractor will be responsible for all costs of the external facilitator For meeting facilities and appurtenances, submit an invoice to the Engineer for reimbursement. The Owner will reimburse the Contractor for half of the eligible expenses as approved. 4. CHANGES IN THE WORK The Engineer reserves the right to make changes in the work including addition, reduction, or elimination of quantities and alterations needed to complete the Contract. Perform the work as altered. These changes will not invalidate the COP 11-2021 Item 4L 2 of 6 Panes 13R of 539 CITY OF PEARLAND LGPP GENERAL CONDITIONS SMITH RANCH ROAD EXPANSION AND SCOPE OF WORK PROJECT Contract nor release the'Surety The Contractor is responsible for notifying the sureties of any changes to the Contract. If the changes in quantities or the alterations do not significantly change the character of the work under the Contract,the altered work will be paid for at the Contract unit price. If the changes in quantities or the alterations significantly change the character of the work,the Contract will be amended by a change order If no unit prices exist,this will be considered extra work and the Contract will be amended by a change order Provide cost justification as requested, in an acceptable format. Payment will not be made for anticipated profits on work that is eliminated. Agree on the scope of work and the basis of payment for the change order before beginnmg the work. If there is no agreement,the Engineer may order the work to proceed under Item 9 7, "Payment for Extra Work and Force Account Method," or by making an interim adjustment to the Contract. In the case of an adjustment, the Engmeer will consider modifying the compensation after the work is performed. A significant change in the character of the work occurs when. • the character of the work for any item as altered differs materially in kind or nature from that in the Contract or • a major item of work varies by more or less than 25% from the original Contract quantity When the quantity of work to be done under any major item of the Contract is more than 125% of the onginal quantity stated in the Contract,then either party to the Contract may request an adjustment to the unit pnce on the portion of the work that is above 125%. When the quantity of work to be done under any major item of the Contract is less than 75% of the original,quantity stated m the Contract,then either party to the Contract may request an1adjustment to the unit price. When mutually agreed, the unit price may be adjusted by multiplying the Contract unit price by the factor in Table 1 If an adjusted unit price cannot be agreed upon,the Engineer may determine the unit price by multiplying the Contract unit price by the factor in Table 1 COP 11-2021 Item 4L 3 of 6 Page 137 of 539 CITY OF PEARLAND LGPP GENERAL CONDITIONS SMITH RANCH ROAD EXPANSION AND SCOPE OF WORK PROJECT Table 1 Quantity-Based Price Adjustment Factors % of Original Quantity Factor >50 and<75 1 05 >25 and<50I 1 15 <25 1.25 If the changes require additional working days to complete the Contract, Contract working days will be adjusted in accordance with Item 8, "Prosecution and Progress." 5. DIFFERING SITE CONDITIONS During the progress of the work,differing subsurface or latent physical conditions may be encountered at the site The 2 types of differing site conditions are defined as. • those that differ materially from those indicated in the Contract and • unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract. Notify the Engineer in wrrtmg when differing site conditions are encountered. The Engineer will notify the Contractor when the Owner discovers differing site conditions. Unless directed otherwise, do not work on the affected items and leave the site undisturbed. The Engineer will investigate the conditions and determine whether differing site conditions exist. If the differing site conditions cause an increase or decrease in the cost or number of working days specified for the performance of the Contract,the Engineer will make adjustments, excluding the loss of anticipated profits, in accordance with the Contract. Additional compensation will be made only if the required written notice has been provided. 6. REQUEST FOR ADDITIONAL COMPENSATION Notify the Engineer in wnting of any mtent to request additional compensation once there is knowledge of the basis for the request. An assessment of damages is not required to be part of this notice but is desirable The intent of the written notice requirement is to provide the Owner an opportunity to evaluate the request and to keep an accurate account of the actual costs that may arise. Minimize impacts and costs. COP 11-2021 Item 4L 4 of 6 Page 138 of 539 CITY OF PEARLAND LGPP GENERAL CONDITIONS SMITH RANCH ROAD EXPANSION AND SCOPE OF WORK PROJECT If written notice is not given,the Contractor waives the right to additional compensation unless the circumstances could have reasonably prevented the Contractor from knowing the cost impact before performing the work.Notice of the request and the documentation of the costs will not be construed as proof or substantiation of the validity of the request. Submit the request in enough detail to enable the Owner to deterimme the basis for entitlement, adjustment in the number of working days specified m the Contract, and compensation. Refer to 00700 General Conditions Article 7 0 Extra Work and Claims. The Owner will not consider fees and interest on requests for additional compensation. Fees mclude,but are not limited to preparation, attorney,pnntmg, shipping, and various other fees. Damages occur when impacts that are the responsibility of the Owner result in additional costs to the Contractor that could not have been reasonably anticipated at the time of lettmg. Costs of performing additional work are not considered damages. For Contractor damages,the intent is to reimburse the Contractor for actual expenses ansmg out of a compensable impact.No profit or markups, other than labor burden,will lie allowed. For damages, labor burden will be reimbursed at 35%unless the Contractor can justify higher actual cost. Justification for a higher percentage must lie in accordance with the methodology provided by the Owner, submitted separately for project overhead labor and direct labor, and determmed and submitted by a Certified Public Accountant(CPA). Submit CPA- prepared labor burden rates directly to the Owner If the Contractor requests compensation for delay damages and the delay is determined to be compensable,then standby equipment costs and project overhead compensation will be based on the duration of the compensable delay and will be limited as follows. 6.1 Standby Equipment Costs. Payment, approved will be the published rental rates reduced by 50 percent. There should be no operating cost included in the rate used and the standby time should not exceed 8 hours per day or the usual hours established by the rate guide if available 6.2. Project Overhead. Project overhead is defined as the administrative and supervisory expenses incurred at the work locations. When delay to project completion occurs,reimbursement for project overhead for the Contractor will be made using the following option. • actual documented costs for the impacted period. Project overhead for delays nmpactmg subcontractors will be determined from actual documented costs submitted by the Contractor Time extensions and suspensions alone will not be justification for reimbursement for project overhead. COP 11-2021 Item 4L 5 of 6 Page 139 of 539 CITY OF PEARLAND LGPP GENERAL CONDITIONS SMITH RANCH ROAD EXPANSION PROJECT AND SCOPE OF WORK 6.3. Home Office Overhead. The Owner will not compensate the Contractor for home office overhead. 7. DISPUTE OR CLAIMS PROCEDURE The dispute resolution policy promotes a cooperative attitude between the Engineer and Contractor. Emphasis is placed on resolvmg issues while they are still current, at the project office, and m an informal manner Open sharing of information is encouraged by all parties involved so the information provided completely and accurately reflects the issues and facts. If information is not shared, decisions may be limited to relying on the documentation that is available for review The Owners' goal is to lave a dispute settled by the Engineer before elevatmg it as a claim. If the Contractor desires to take exception to any direction or instruction given by the Engineer, follow the procedures as outlined m 00700 General Conditions,Article 7 07 Time of Filing Claims. If a dispute cannot be reolved, follow the procedures as outlined m 00700 General Conditions, Article 9 0 Dispute Resolution. COP 11-2021 Item 4L 6 of 6 Page 140 of 539 CITY OF PEALAND SMITH RANCH ROAD EXPANSION LGPP CONTROL OF THE WORK PROJECT Section 00780-T 5L—LGPP CONTROL OF THE WORK 1 AUTHORITY OF ENGINEER The Engineer has the authority to observe,test, inspect, approve, and accept the work on behalf of the Owner The Engineer decides all questions about the quality and acceptability of materials,work performed,work progress, Contract interpretations, and acceptable Contract fulfillment. The Engineer has the authority to enforce and inake effective these decisions. The Engineer acts as a referee in all questions ansing under the terms of the Contract. The Engineer's decisions will be final and binding. 2. PLANS AND WORKING DRAWINGS When required,provide working drawings to supplement the plans with all necessary details not included on the Contract plans. Prepare and furnish working drawings in a timely manner and obtain approval, if required,before the beginning of the associated work. For all working drawing submittal requirements, the Engineer may allow electronic and other alternative submission procedures.Have a licensed professional engineer sign, seal, and date the working drawings as indicated in Table 1 Prepare working drawings using Umted States standard measures in the English language. The routing of submittals for review and approval will be established at the preconstruction conference. The Contractor is responsible for the accuracy, coordination, and conformity of the various components and details of the working drawings. Owner approval of the Contractor's working drawings will not relieve the Contractor of any responsibility under the Contract. The work performed under this article will not be measured or paid for directly but will be subsidiary to pertinent items. COP 11-2021 Item 5L 1 of 8 Panes 1d1 of 53U CITY OF PEALAND SMITH RANCH ROAD EXPANSION LGPP CONTROL OF THE WORK PROJECT Table 1 Signature and Approval Requirements for Working Drawings Requires Licensed Professional Requires Working Drawings For Engineer's Owner Signature, Seal, Approval and Date 1 Alternate or optional designs submitted by Yes Yes Contractor 2. Supplementary shop and No See fabncation drawings for unless required applicable structural Items on the plans Item 3 Contractor-proposed temporary facihties that yes Yes affect the public safety;not included on the plans Bridges, retaining Yes 4 Form walls, and unless otherwise No' and other major shown on the plans falsework structures details I No Minor unless otherwise No structures: shown on the plans 5 Erection drawmgs Yes Nola 6 Contractor-proposed' major modifications to Yes Yes traffic control plan The Engineer may require that the Contractor have a licensed professional engineer certify that the temporary works are constructed accordmg to the sealed drawings. 2. Approval is required for items spanning over live traffic or where safety of the travelmg public is affected, m the opinion of the Engmeer 3. CONFORMITY WITH PLANS, SPECIFICATIONS,AND SPECIAL PROVISIONS Furnish matenals and perform work in reasonably close conformity with the lines, grades, cross-sections, dimensions, details, gradations,physical and chemical charactenstics of materials, and other requirements shown in the Contract (includmg additional plans for non-site-specific work) Reasonably close conformity limits will be as defined in the respective items of the Contract or, if COP 11-2021 Item 5L 2 of 8 Page 142 of 539 CITY OF PEALAND SMITH RANCH ROAD EXPANSION LGPP CONTROL OF THE WORK PROJECT not defined, as determined by the Engineer Obtain approval before deviating from the plans and approved working drawings. Do not perform work beyond the lines and grades shown on the plans or any extra work without the Engmeer's approval. Work performed beyond the lines and grades shown on the plans or any extra work performed without approval is considered unauthorized and excluded from pay consideration. The Owner will not pay for material rejected due to improper fabrication, excess quantity, or any other reasons within the Contractor's control. 3.1 Acceptance of Defective or Unauthorized Work. When work fails to meet Contract requirements,but is adequate to serve the design purpose, the Engineer will decide the extent tolwhich the work will be accepted and remain in place. The Engineer will documentlthe basis of acceptance by a letter and may adjust the Contract pnce. 3.2. Correction of Defective or Unauthorized Work. When work fails to meet Contract requirements and is inadequate to serve the design purpose it will be considered defective. Correct, or remove and replace,the work at the Contractor's expense, as directed. The Engineer has the authority to correct or to remove and replace defective or unauthorized work. The'cost may be deducted from any money due or to become due to the Contractor. 4. COORDINATION OF1 PLANS, SPECIFICATIONS,AND SPECIAL PROVISIONS The specifications, accompanying plans(includmg additional plans for non-site- specific work), special provisions, change orders, and supplemental agreements are intended to work together and be interpreted as a whole Numerical dimensions govern over scaled dimensions. Special provisions govern over plans(including general notes),which govern over standard specifications and special specifications. Job-specific plan sheets govern over standard plan sheets. However, in the case of conflict between plans(including general notes) and specifications regarding responsibilities for hazardous materials and traffic control in Items 1L through 9L and Item 502, "Barricades, Signs, and Traffic Handling," special provisions govern over standard specifications and special specifications, which govern over the plans. Notify the Engineer promptly of any omissions, errors, or discrepancies discovered so that necessary corrections and interpretations can be made. Failure to promptly notify the Engineer will constitute a waiver of all claims for COP 11-2021 Item 5L 3 of 8 Page 143 of 539 CITY OF PEALAND SMITH RANCH ROAD EXPANSION LGPP CONTROL OF THE WORK PROJECT misunderstandings or aiiibiguihes that result from the errors,.omissions, or discrepancies discovered. 5. COOPERATION OF CONTRACTOR Cooperate with the Engineer Respond promptly to instructions from the Engineer Provide all information necessary to administer the Contract. Designate in writing a competent,English-speaking Superintendent employed by the Contractor The Superintendent must be experienced with the work being performed and capable of reading and understanding the Contract. Ensure the Supermtendent is available at all times and able to receive instructions from the Engineer or authorized Owner representatives and to act for the Contractor The Engineer may suspend work without suspending working day charges if a Superintendent is not available or does not meet the above criteria. At the written request of the Engineer, immediately remove from the project any employee or representative of the Contractor or a subcontractor who, m the opinion of the Engineer,i does not perform work m a proper and skillful manner or who is disrespectful, intemperate, disorderly,uncooperative, or otherwise objectionable. Do not reinstate these individuals without the written consent of the Engineer Furnish suitable machinery, equipment, and construction forces for the proper prosecution of the work.'Provide adequate lighting to address quality requirements and inspection of nighttime work. The Engineer may suspend the work without suspending working day charges until the Contractor complies with this requirement.All work associated with fulfilling this requirement is subsidiary to the various items of the Contract and no direct compensation will be made. 6. COOPERATING WITH UTILITIES Use established safety practices when working near utilities. Consult with the appropriate utilities before beginning work.Notify the Engineer immediately of utility conflicts. The Engineer will decide whether to adjust utilities or adjust the work to eliminate or lessen the conflict. Unless otherwise shown on the plans,the Engineer will make necessary arrangements with the utility owner when utility adjustments are required. Use work procedures that protect utilities or appurtenances that remain in place during construction. Cooperate with utilities to remove and rearrange utilities to avoid service interruption or duplicate work by the utilities. Allow utilities access to the right of way COP 11-2021 Item 5L 4 of 8 Paae 144 of 539 CITY OF PEALAND SMITH RANCH ROAD EXPANSION LGPP CONTROL OF THE WORK PROJECT Immediately notify the appropriate utility of service interruptions resulting from damage due to construction activities. Cooperate with utilities until service is restored. Maintain access to active fire hydrants at all times unless approved by the Engineer 7. COOPERATION BETWEEN CONTRACTORS Cooperate and coordinate with other Contractors working withm the limits or adjacent to the limits. 8. COOPERATION WITH RAILROADS Plan and prosecute portions of the work mvolving a railway to avoid interference with or hindrance to the railroad company If the work is on railroad right of way,do not interfere with the operation of the railroad company's trains or other property 8.1 Project-Specific Information. Refer to project-specific plan sheets m the Contract for specific information concerning the work to be completed by both the Contractor and the railroad within railroad right of way;railroad right of way locations impacted by construction,percentage of Contract work at each location, train movements at each,location, and requirements for railroad insurance, flagging, and Right of Entry(ROE)Agreements. 8.2. Right of Entry Agreement(if required) The process for obtaming a fully executed ROE Agreement will be as follows: • The Owner will send the unexecuted ROE Agreement to the Contractor with the unexecuted construction Contract. • Partially execute the ROE Agreement and return it to the Department with the required insurance attached. • The Owner will coordinate with the railroad company regardmg the further execution of the ROE Agreement and associated fees. The Owner will pay any ROE Agreement fees directly to the railroad company • Once the Owner has received the fully-executed ROE Agreement from the railroad company,the Owner will forward the fully-executed ROE Agreement to the Contractor 9. CONSTRUCTION SURVEYING Use Method A unless otherwise specified in the Contract.Upon request,the Engineer will allow the Contractor to copy available earthwork cross-sections, computer printouts or data files, and other mformation necessary to establish and COP 11-2021 Item 5L 5 of 8 Paae 145 of 539 CITY OF PEALAND SMITH RANCH ROAD EXPANSION LGPP CONTROL OF THE WORK PROJECT control work. Maintam the integrity of control points. Preserve all control points, stakes, marks, and right of way markers. Assume cost and responsibility of replacmg disturbed control points, stakes, marks, and right of way markers damaged by the Contractor's or its subcontractor operations. If the Owner repairs disturbed control points,stakes, marks, or nght of way markers,the cost of repair may be deducted from money due or to become due to the Contractor Replace right of way markers under the direction of a RPLS This work will be subsidiary to pertinent items. The Engineer reserves the right to make measurements and surveys to determine the accuracy of the work and determine pay quantities. The Engineer's measurements and surveys do not relieve the Contractor's responsibility for accuracy of work. Allow the Engineer adequate time to verify the surveying. 9.1 Method A. The Engineer will set control points for establishing lines, slopes, grades, and centerlmes and for providing both vertical and honzontal control. At a minimum,provide a controlling pair of monument points at both the beginnmg and end of construction project for projects less than 2 miles in length. For projects greater than 2 miles in length, monuments will be set in pairs of 2 at a minimum of 2 miles based on the overall length of the project. Use these control points as reference to perform the work. Furnish materials, equipment, and qualified workforce necessary for the construction survey work. Place construction points, stakes, and marks at intervals sufficient to control work to established tolerances. Place construction stakes at intervals of no more than 100 ft., or as directed. Place stakes and marks so as not to interfere with normal maintenance operations. 9.2. Method B The Engineer will set adequate control points, stakes, and marks to establish lines, slopes, grades, and centerlines. Furnish additional work, stakes, materials, and templates inecessary for marking and maintaining points and Imes. 9.3. Method C Set adequate control points, stakes, and marks to establish lines, slopes, grades, and centerlines. 10. INSPECTION Inspectors are authonzed representatives of the Engineer Inspectors are authorized to examme all work performed and materials furnished, including preparation, fabrication, and matenal manufacture. Inspectors inform the Contractor of failures to meet Contract requirements. Inspectors may reject work or materials and may suspend work until any issues can be referred to and decided by the Engineer Inspectors cannot alter, add, or waive Contract provisions, issue instructions contrary to the Contract, act as foremen for the Contractor, or interfere with the management of the work. Inspection, or lack of inspection,will COP 11-2021 Item 5L 6 of 8 Paae 146 of 539 CITY OF PEALAND SMITH RANCH ROAD EXPANSION LGPP CONTROL OF THE WORK PROJECT not relieve the Contractor from obligation to provide materials or perform the work in accordance with the Contract. Provide safe access to all parts of the work and provide information and assistance to the Engmeer to allow a complete and detailed inspection. Give the Engineer sufficient notice to inspect the work. Work performed without suitable inspection, as determined by the Engineer,may be ordered removed and replaced at Contractor's expense. Remove or uncover portions of finished work as directed. Once inspected,restore work to Contract requirements. When a government entity,utility,railroad company, or other entity accepts or pays a portion of the Contract,that organization's representatives may inspect the work but cannot direct the Contractor. The right of inspection does not make that entity a party to the Contract and does not interfere with the rights of the parties to the Contract. 11. FINAL CLEANUP Upon completion of the work,remove litter, debris, objectionable material, temporary structures, excess materials, and equipment from the work locations. Clean and restore property damaged by the Contractor's operations during the prosecution of the work.,Leave the work locations in a neat and presentable condition. This work will not be paid for directly but will be considered subsidiary to items of the Contract. Remove from the right of way cofferdams, construction buildings, material and fabrication plants,temporary structures, excess materials, and debris resulting from construction. Where work is m a stream,remove debris to the ground line of the bed of the stream.Leave stream channels and rights of way in a neat and presentable condition. Clean structures to the flow line or the elevation of the outfall channel,whichever is higher. Dispose of all excess material m accordance with federal, state, and local regulations. 12. FINAL ACCEPTANCE 12.1 Final acceptance is made when all work is complete and the Engineer, m writing, accepts all work for the work locations in the Contract. 12.1 1 Work Completed. Work completed must include work for vegetative establishment and maintenance,test,and performance periods and work to meet the requirements of Item 5 11., "Final Cleanup " 12.1.2. Final Inspection. After all work is complete,the Contractor will request a final inspection by the Engineer authorized to accept the work. COP 11-2021 Item 5L 7 of 8 Poop 147 of 539 CITY OF PEALAND SMITH RANCH ROAD EXPANSION LGPP CONTROL OF THE WORK PROJECT The final inspection will be made as soon as possible, and not later than 10 calendar days after the request. No working day charges will be made between the date of request and final inspection. After the final inspection, if the work is satisfactory, the Engineer will notify the Contractor in writing of the final acceptance of the work. If the final inspection finds any work to be unsatisfactory,the Engineer will identify in writing all deficiencies in the workirequiring correction. Correct the deficiencies identified. Working day charges will resume if these deficiencies are not corrected within 7 calendar days,unless otherwise approved.Upon correction,the Engineer will make an mspection to venfy that all deficiencies were corrected satisfactorily The Engineer will provide written notice of the final acceptance. 12.1.3. Final Measurement. Final measurements and pay quantity adjustments may be made after final acceptance. 12.14 Removal of Traffic Control Devices. Remove construction traffic control devices and advance warning signs upon final acceptance or as directed. COP 11-2021 Item 5L 8 of 8 Page 148 of 539 CITY OF PEALAND SMITH RANCH ROAD EXPANSION LGPP CONTROL OF MATERIALS PROJECT Section 00790-T ITEM 6L—LGPP CONTROL OF MATERIALS 1. SOURCE CONTROL Use only materials that meet Contract requirements. Unless otherwise specified or approved,use new materials for the work. Secure the Engineer's approval of the proposed source of materials to be used before their delivery Matenals can be approved at a supply source or staging area but may be reinspected at the project site in accordance with Item 6 4,"Sampling, Testing and Inspection." 1 11 Buy America. Comply with the latest provisions of Buy Amenca as listed at 23 CFR 635 410 Use steel or iron materials manufactured m the United States except when. • the cost of materials,'mcluding delivery, does not exceed 0 1% of the total Contract cost or$2,500,whichever is greater; • the Contract contains a replacement alternate item for a foreign source steel or iron product and the Contract is awarded based on the replacement alternate item, or • the materials are temporarily installed. Provide a notarized original of the TxDOT FORM D-9-USA-1 (or equivalent) with the proper attachments for venfication of compliance. Manufacturing is any process that modifies the chemical content,physical shape or size, or final finish of a product. Manufactunng begins with initial melting and mixing and continues through fabrication(cutting, drilling,welding,bending, etc.) and coating(paint, galvanizing, epoxy, etc.) 1.2. Convict Produced Materials. Materials produced by convict labor may only be mcorporated in the work if such materials have been. • produced by convicts who are on parole, supervised release, or probation from prison, or • produced in a qualified prison facility A"qualified prison facility"means any prison facility in which convicts, during the 12-month period ending July 1, 1987,produced materials for use in federal- aid highway construction projects. COP 11-2021 Item 6L 1 of 6 Paae 149 of 539 CITY OF PEALAND SMITH RANCH ROAD EXPANSION LGPP CONTROL OF MATERIALS PROJECT 2. MATERIAL QUALITY Correct or remove materials that fail to meet Contract requirements or that do not produce satisfactory results. Reimburse the Owner for cost incurred if additional sampling and testing is required by a change of source. Materials not meeting Contract requirements will be rejected,unless the Engineer approves corrective actions.Upon rejection, immediately remove and replace rejected materials. If the Contractor does not comply with this article,the Owner may have defective material removed and replaced. The cost of testing, removal, and replacement will be deducted from the estimate. 3. MANUFACTURER WARRANTIES Transfer to the Owner warranties and guarantees required by the Contract or received as part of normal trade practice 4. SAMPLING,TESTING,AND INSPECTION Incorporate into the work only matenal that has been inspected, tested, and accepted by the Engineei Remove,at the Contractor's expense,materials from the work locations that are used without prior testing and approval or wntten permission. Unless otherwise mutually agreed,the material requirements and standard test methods in effect at the time the proposed Contract is advertised govern.Unless otherwise noted,the Engineer will perform testing at Owner's expense. In addition to facilities and equipment required by the Contract, furmsh facilities and calibrated equipment required for tests to control the manufacture of construction items. If requested,provide a complete written statement of the origin, composition, and manufacture of materials. All matenals used are subject to inspection or testing at any time during preparation or use. Material which has been tested and approved at a supply source or staging area may be reinspected or tested before or durmg incorporation into the work, and rejected if it does not meet Contract requirements. Copies of test results are to be made available upon request. Do not use matenal that, after approval,becomes unfit for use. Unless otherwise noted in the Contract, all testing must be performed within the Umted States and witnessed by the Engineer. If materials or processes require COP 11-2021 Item 6L 2 of 6 Paae 150 of 539 CITY OF PEALAND SMITH RANCH ROAD EXPANSION LGPP CONTROL OF MATERIALS PROJECT testing outside the contiguous 48 United States,reimburse the Owner for inspection expenses. 5. PLANT INSPECTION AND TESTING The Engineer may,but is not obligated to, inspect matenals at the acquisition or manufacturing source. Material samples will be obtained and tested for compliance with quality requirements. If inspection is at the plant; meet the following conditions unless otherwise specified: • Cooperate fully and assist the Engineer during the inspection. • Ensure the Engmeer has full access to all parts of the plant used to manufacture or produce materials. • In accordance with pertinent items and the Contract,provide a facility at the plant for use by the.Engineer as an office or laboratory • Provide and maintain adequate safety measures and restroom facilities. • Furnish and calibrate scales,measurmg devices, and other necessary equipment. The Engineer may provide inspection for periods other than daylight hours if: • continuous production of matenals for Owner use is necessary due to the production volume being handled at the plant, and • the lighting is adequate to allow satisfactory inspection. 6. STORAGE OF MATERIALS Store and handle materials to preserve their quality and fitness for the work. Store materials so that they can be easily inspected and retested. Place materials under cover, on wooden platforms, or on other hard, clean surfaces as necessary or when directed. Obtain approval to store matenals on the right of way Storage space off the right of way is at the Contractor's expense. 7. OWNER-FURNISHED MATERIAL The Owner will supply materials as shown in the Contract documents. The cost of handling and placing materials supplied by the Owner will not be paid for directly but is subsidiary to the item in which they are used.Assume responsibility for materials upon receipt. COP 11-2021 Item 6L 3 of 6 Page 151 of 539 CITY OF PEALAND SMITH RANCH ROAD EXPANSION LGPP CONTROL OF MATERIALS PROJECT 8. USE OF MATERIALS FOUND ON THE RIGHT OF WAY Material found in the excavation areas and meeting the Owner's specifications may be used in the work. This material will be paid for at the Contract bid price for excavation and under the item for which the material is used. Do not excavate or remove any material from within the right of way that is not within the limits of the excavation without written permission. If excavation is allowed within a right of way project-specific location(PSL),replace the removed material with suitable material at no cost to the Owner as directed_ 9. RECYCLED MATERIALS The Owner will not allow hazardous wastes, as defined in 30 TAC 335,proposed for recycling to be used on the project. Use nonhazardous recyclable materials (NRMs) only if the specification for the item does not disallow or restrict use. Determine if NRMs are regulated under 30 TAC 312, 330, 332, 334, or 335, and comply with all general prohibitions and requirements.Use NRMs in accordance with DMS-11000, `Evaluating and Using Nonhazardous Recyclable Materials Guidelines," and furnish i all documentation required by that specification. 10. HAZARDOUS MATERIALS Use materials that are free of hazardous materials as defined in Specification ITEM 1L—LGPP Abbreviations and Definitions Supplement. Notify the Engineer immediately when a visual observation or odor mdicates that materials in required material sources or on sites owned or controlled by the owner may contain hazardous materials. Except when the contract includes bid items for the contractor to remove hazardous materials,the Engineer is responsible for testing and removing or disposing of hazardous materials not introduced by the Contractor on sites owned or controlled by the Owner as indicated below The plans will indicate locations where pamt on steel is suspected to contain hazardous materials and where regulated asbestos containing materials have been found. The Engineer may suspend work wholly or m part durmg the testing, removal, or disposition of hazardous materials on sites owned or controlled by the Owner, except in the case of when the contract mcludes removing and disposing of hazardous materials. When a visual observation or odor indicates that materials delivered to the work locations by the Contractor may contam hazardous materials,have an approved commercial laboratory test the materials for contamination. Remove,remediate, COP 11-2021 Item 6L 4 of 6 Page 152 of 539 CITY OF PEALAND SMITH RANCH ROAD EXPANSION LGPP CONTROL OF MATERIALS PROJECT and dispose of any of these materials found to be contaminated. Testing,removal, and disposition of hazardous materials introduced onto the work locations by the Contractor will be at the;Contractor's expense. Working day charges will not be suspended and extensions of working days will not be granted for activities related to handling hazardous material delivered by the Contractor 10.1 Painted Steel Requirements. Paint containing hazardous materials will be removed as shown on the plans. 10.1 1 Paint Removed by Third Party The Owner may provide a third party to remove paint contammg hazardous materials where pamt must be removed to perform work or to allow dismantling of the steel. 10.1.2. Paint Removed by the Contractor This work may only be performed by a firm or company with one of the following certifications: • SSPC-QP2 certification for lead pamtmg operations, or • Certified Lead Firm by the Texas Department of State Health Services. Maintain certification for the duration of the work. Provide copies of audits or certification if requested. Comply with worker and public safety regulations, including,but not limited to, OSHA 29 CFR Parts 1910 1025, 1926 62, and 1926 63 Monitor permissible exposure limits in accordance with OSHA requirements. Remove paint containing hazardous materials from designated areas shown on the plans or as directed. Comply with access limitations shown on the plans. Provide power hand tools, equipped with high-efficiency particulate air filter vacuums to mechanically remove paint. Contain, collect, store,transport,and dispose of all waste generated by cleaning operation in accordance with local, state, and federal requirements including 40 CFR 302. Properly characterize and dispose of all wastes. Manage any hazardous wastes in accordance with regulatory requirements and dispose in a facility authorized to accept such wastes. Provide copies of disposal manifests. The work performed,materials furnished, equipment, labor,tools, and incidentals will be paid for m accordance with Item 446, "Field Cleaning and Painting Steel." 10.2. Removal and Disposal of Painted Steel. Painted steel will be disposed of at a steel recycling or smelting facility unless otherwise shown on the plans. If the paint contains hazardous materials,maintain and make available to the Engineer COP 11-2021 Item 6L 5 of 6 Page 153 of 539 CITY OF PEALAND SMITH RANCH ROAD EXPANSION LGPP CONTROL OF MATERIALS PROJECT invoices and other records obtained from the facility showing the received weight of the steel and the facility name. For steel that is dismantled by unbolting,no paint stripping will be required. Use care to not damage existing paint. When dismantling is performed using flame or saw-cutting methods to remove steel elements coated with paint containing hazardous matenals, the plans will show stripping locations. The work provided,materials furnished, equipment, labor,tools, and incidentals will be paid for in accordance with Item 496, "Removing Structures," and Item 497, "Sale of Salvageable Matenal." 10.3. Asbestos Requirements. The plans will indicate locations or elements where asbestos containing materials (ACM)have been found. At locations where previously unknown ACM has been found,the Owner will arrange for abatement by a third party For work at these locations,notify the Engineer of proposed dates of demolition or removal of structural elements with ACM at least 60 days before work is to begm to allow the Owner enough time to abate the asbestos. 10.4 Work Performed by a Third Party When the work for removal of paint or asbestos abatement is to be provided by a third party, coordinate and cooperate with the third party and the Owner Continue other work detailed on the plans not directly involved m the paint removal or asbestos abatement work. Provide notice to the Owner regarding the progress of the work to allow the Owner enough time to schedule the third party work. 11 SURPLUS MATERIALS Take ownership of surplus matenals unless otherwise shown on the plans or as directed by the Engineer:Remove and dispose of materials in accordance with federal, state,and local regulations. If requested,provide an appropriate level of documentation to verify proper disposal. When matenals are disposed of on private property,provide written authonzation from the property owner for the use of the property for this purpose upon request. COP 11-2021 Item 6L 6 of 6 Page 154 of 539 CITY OF PEARLAND SMITH RANCH ROAD EXPANSION LGPP LEGAL RELATIONS AND PROJECT RESPONSIBILITIES Section 00795-T ITEM 7L—LGPP LEGAL RELATIONS AND RESPONSIBILITIES 1 SAFETY 11 Point of Contact.Designate a Contractor Safety Pomt of Contact(CSPOC). The Owner will assign an Owner employee for their point of contact designated as Owner's Safety Point of Contact OSPOC The CSPOC will ensure that the Contractor's and Subcontractor's employees' use the appropriate personal protection equipment(hard hats,safety vests,protective toe footwear, etc.). The CSPOC will ensure that crew leaders and foremen(including subcontractors) have attended the required training. 1.2. Safety Preconstruction eeting. In cooperation with the Engineer, schedule and attend a safety preconstruction meeting(may be a part of the preconstruction conference in Article 4.21, "Preconstruction Conference."Attendees for this safety preconstruction meeting will be • the Contractor," • subcontractors, • Owner, • local law enforcement, and • other personnel that play an active role on the project. 1.3. Public Safety and Convenience. Ensure the safety and convenience of the public and property as provided in the Contract and as directed by the Engineer Keep existing roadways open to traffic or construct and maintain detours and temporary structures for safe public travel. Manage construction to minmuze disruption to traffic. Maintain the roadway in a good and passable condition, including proper drainage and provide for ingress and egress to adjacent property Store all equipment not in use m a manner and at locations that will not interfere with the safe passage of traffic. Provide qualified flaggers in accordance with Item 502.2.2., "Flaggers," for the safety and convenience of the traveling public and workers, as directed. If the Engineer determines that any of the requirements of this article have not been met, the Engineer may take any necessary corrective action. This will not change the legal responsibilities set forth in the Contract. The cost to the Owner for this work will be deducted from any money due or to become due to the Contractor COP 11-2021 Item 7L 1 of 14 Page 155 of 539 CITY OF PEARLAND LGPP LEGAL RELATIONS AND SMITH RANCH ROAD EXPANSION PROJECT RESPONSIBILITIES 14 Use of Blue Warning Liights. Texas Transportation Code 547 105 authorizes the use of warning lights to promote safety and provides an effective means of gaining the travellmg public's attention as they drive in areas where construction crews are present. In order to influence the public to move over when high nsk construction activities are taking place,mimmi a the utilization of blue warning lights. These lights must',be used only while performing work on or near the travel lanes or shoulder where the travelling public encounters construction crews that are not protected by a standard work zone set up such as a lane closure, shoulder closure, or one-way traffic control. Refrain from leaving the warning lights engaged while travelling from one work location to another or while parked on the right of way away from the pavement or a work zone. 1.5. Barricades,Warning and Detour Signs, and Traffic Handling.Provide, install,move,replace,maintain, clean, and remove all traffic control devices m accordance with the traffic control devices specifications and as shown on the plans and as directed. If details are not shown on the plans,provide devices and work in accordance with'the TMUTCD and as directed by the Engineer When authorized or directed by the Engineer,provide additional signs or traffic control devices not required by the plans. If an unexpected situation arises that causes the Contractor to believe that the traffic control should be changed,make all reasonable efforts to promptly contact the Engineer Take prudent actions until the Engineer can be contacted. The Engineer may authorize or direct in writing the removal or relocation of project limit advance warning signs When project limit advance wanung signs are removed before final acceptance, traffic control in accordance with the TMUTCD may be used for minor operations as approved. Removal or relocation of project limit advance warning signs does not imply final acceptance. 2. LAWS TO BE OBSERVED Comply with all federal, state, and local laws,ordinances, and regulations that affect the performance of the work. Indemnify and save harmless the Owner and its representatives against any claim ansmg from violation by the Contractor of any law, ordinance, or regulation. This Contract is between the Owner and the Contractor only No person or entity may claim third-party beneficiary status under this Contract or any of its provisions,nor may any non-party sue for personal injuries or property damage under this Contract. COP 11-2021 Item 7L 2 of 14 Paae 156 of 539 CITY OF PEARLAND LGPP LEGAL RELATIONS AND SMITH RANCH ROAD EXPANSION PROJECT RESPONSIBILITIES 3. PERMITS,LICENSES,AND TAXES Procure all permits and licenses,pay all charges, fees, and taxes; and give all notices necessary and incidental to the due and lawful prosecution of work, except for permits provided by'the Owner and as specified in Article 7 6., "Preservation of Cultural and Natural Resources and the Environment." 4. PATENTED DEVICES,MATERIAL,AND PROCESSES Indemnify and save harmless the Owner from any claims for infringement from the Contractor's use of any patented design, device,matenal,process,trademark, or copyright selected by the Contractor and used in connection with the work. Indemnify and save harmless the Owner against any costs, expenses, or damages that it may be obliged to pay,by reason of this infrmgement,at any time during the prosecution or after the completion of the work. 5. PERSONAL LIABILITY OF PUBLIC OFFICIALS Owner employees are agents and representatives of the Owner and will mcur no liability,personal or otherwise, in carrying out the provisions of the Contract or in exercising any power or iauthonty granted under the Contract. 6. PRESERVATION OF CULTURAL AND NATURAL RESOURCES AND THE ENVIRONMENT If the Contractor initiates changes to the Contract and the Owner approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropnate regulatory agencies. 6.1 Cultural Resources. Cease all work immediately if a site,buildmg,or location of historical, archeological, educational, or scientific interest is discovered within the right of way The site,building, or location will be investigated and evaluated by the Owner 6.2. Texas Pollutant Discharge Elimination System (TPDES)Permits and Storm Water Pollution Prevention Plans(SWP3). The Owner will file the Notice of Intent(NOI) and the Notice of Termination(NOT) for work shown on the plans in the right of way Adhere to all requirements of the SWP3 6.3. Work in Waters of the United States. For work in the right of way,the Owner will obtam any required Section 404 permits from the U S Army Corps of Engineers before work begins. Adhere to all agreements,mitigation plans, and standard best management practices required by the permit.When Contractor- initiated changes in the construction method changes the impacts to waters of the U S., obtain new or revised Section 404 permits. COP 11-2021 Item 7L 3 of 14 } Page 157 of 539 CITY OF PEARLAND LGPP LEGAL RELATIONS AND SMITH RANCH ROAD EXPANSION RESPONSIBILITIES PROJECT 6.4. Work in Navigable Waters of the United States For work-in the right of way, the Owner will obtain any required Section 9 permits from the U.S Coast Guard before work begins. Adhere to the stipulations of the permits and associated best management practices. When Contractor-initiated changes in the construction method changes the impacts to navigable waters of the U S.,obtain new or revised Section 9 permits. 6.5. Work Over the Recharge or Contributing Zone of Protected Aquifers. Make every reasonable effort to minimize the degradation of water quality resulting from impacts relating to work over the recharge or contributing zones of protected aquifers, as defined and delineated by the TCEQ Use best management practices and perform work in accordance with Contract requirements. 6.6. Project-Specific Locations.For all project-specific locations (PSLs) on or off the nght of way(material surces,waste sites,parking areas, storage areas, field offices, staging areas,haul roads, etc.), signing the Contract certifies compliance with all applicable laws,rules, and regulations pertaining to the preservation of cultural resources, natural resources,and the environment as issued by the following or other agencies • Occupational Safety and Health Administration, • Texas Commission on Environmental Quality, • Texas Department of Transportation, • Texas Historical Commission, • Texas Parks and Wildlife Department, • Texas Railroad Commission, • U S.Army Corps of Engmeers, • U S Department of Energy, • U S. Department of Transportation, • U S Environmental Protection Agency, • U S. Federal Emergency Management Agency, and •, U S Fish and Wildlife Service. All subcontractors must also comply with applicable environmental laws,rules, regulations, and requirements in the Contract. Mamtain documentation of certification activities including environmental consultant reports, Contractor documentation on certification decisions and contacts, and correspondence with the resource agencies. Provide documentation upon request. Obtain written approval from the Engmeer for all PSLs in the right of way not specifically addressed on the plans. Prepare an SWP3 for all Contractor facilities, such as asphalt or concrete plants located within public right of way Comply with all TCEQ permit requirements for portable facilities, such as concrete batch plants,rock crushers, asphalt plants, etc Address all environmental issues, such as COP 11-2021 Item 7L 4 of 14 Page 158 of 539 CITY OF PEARLAND SMITH RANCH ROAD EXPANSION LGPP LEGAL RELATIONS AND PROJECT RESPONSIBILITIES Section 404 permits,wetland delineation, endangered species consultation requirements, or archeoli gical and historic site impacts. Obtain all permits and clearances in advance. 7. AGRICULTURAL IRRIGATION Regulate the sequence of work and make provisions as necessary to provide for agricultural irrigation orll drainage dunng the work. Meet with the Irrigation District or land owner to determine the proper time and sequence when irrigation demands will permit shutting-off water flows to perform work. Unless otherwise provided on the plans, the work performed under this article will not be measured or paid for directly but will be subsidiary to pertinent items. 8. SANITARY PROVISIONS Provide and maintain adequate,neat, and salutary toilet accommodations for employees, mcluding Owner employees, in compliance with the requirements and regulations of the Texas Department of Health or other authorities with jurisdiction. 9. ABATEMENT AND MITIGATION OF EXCESSIVE OR UNNECESSARY NOISE Minimize noise throughout all phases of the Contract. Exercise particular and special efforts to avoid the creation of unnecessary noise impact on adjacent noise sensitive receptors in the placement of non-mobile equipment such as air compressors, generators,pumps, etc.Place mobile and stationary equipment to cause the least disruption of normal adjacent activities. All equipment associated with the work must be equipped with components to suppress excessive noise and these components must be maintained in their original operating condition considermg normal depreciation.Noise-attenuation devices installed by the manufacturer such as mufflers, engine covers, insulation, etc. must not be removed nor rendered ineffectual nor be permitted to remain off the equipment while the equipment is in use. 10. USING EXPLOSIVES Do not endanger life or property The contractor is required to submit a written Blasting Plan if required by the plans or requested by the Engineer The Owner retains the nght to reject the blasting plan. Store all explosives securely and clearly mark all storage places with"DANGER—EXPLOSIVES " Store,handle, and use explosives and highly flammable matenal in compliance with federal, COP 11-2021 Item 7L 5 of 14 Paae 159 of 539 CITY OF PEARLAND LGPP LEGAL RELATIONS AND SMITH RANCH ROAD EXPANSION PROJECT RESPONSIBILITIES state, and local laws, ordinances, and regulations. Assume liability for property damage, injury, or death resulting from the use of explosives. Give at least a 48-hr advance notice to the appropriate Road Master before doing any blasting work involving the use of electric blasting caps within 200 ft. of any railroad track. 11 RESPONSIBILITY FOR HAZARDOUS MATERIALS Indemnify and save harmless the Owner and its agents and employees from all suits, actions, or claims and from all liability and damages for any injury or damage to any person or property arising from the generation or disposition of hazardous materials introduced by the Contractor on any work done by the Contractor on Owner-owned or controlled sites. Indemnify and save harmless the Owner and its representatives from any liability or responsibility arising out of the Contractor's generation or disposition of any hazardous materials obtained, processed, stored, shipped, etc., on sites not owned or controlled by the Owner Reimburse the Owner for all payments, fees, or restitution the Owner is required to make as a result of the Contractor's actions. 12. ASBESTOS CONTAINING MATERIAL In Texas,the Department of State Health Services (DSHS),Asbestos Programs Branch, is responsible for administering the requirements of the National Emissions Standards for Hazardous Air Pollutants,40 CFR, Subpart M (NESHAP) and the Texas Asbestos Health Protection Rules (TAHPR). Based on EPA guidance and regulatory background information,bridges are considered to be a regulated"facility"under NESHAP Therefore, federal standards for demolition and renovation apply Provide notice to the Owner of demolition or renovation to the structures listed on the plans at least 30 calendar days before initiating demolition or renovation of each structure or load bearing member Provide the scheduled start and completion date of structure demolition,renovation,or removal. When demolition,renovation, or removal of load-beanng members is planned for several phases,provide the start and completion dates identified by separate phases. DSHS requires that notifications be postmarked at least 10 working days before initiating demolition or renovation. If the date of actual demolition,renovation, or removal is changed,the Owner will be required to notify DSHS at least 10 days m advance of the work. This notification is also required when a previously scheduled(notification sent to DSHS)demolition,renovation, or removal is delayed. Therefore, if the date of actual demolition,renovation, or removal is COP 11-2021 Item 7L 6 of 14 Page 160 of 539 CITY OF PEARLAND LGPP LEGAL RELATIONS AND SMITH RANCH ROAD EXPANSION PROJECT RESPONSIBILITIES changed,provide the Engineer, in.writmg,the revised dates in enough time to allow for the Owner's notification to DSHS to be postmarked at least 10 days in advance of the actual work. Failure to provide the above information may require the temporary suspension of work under Article 8 4., `Tempo The Owner retains the right to determine the actual advance notice needed for the change in date to address post office business days and staff availability 13. RESTORING SURFACES OPENED BY PERMISSION Do not authorize anyone,to make an opening in the highway for utilities, drainage, or any other reason without written permission by the Engineer. Repair all openingsrary Suspension of Work or Working Day Charges,"as directed by the Engineer Payment for repair of surfaces opened by permission will be made in accordance with pertinent items or Article 4 4 , "Changes in the Work."Costs associated with openings made with Contractor authorization but without Owner approval will not be paid. 14. PROTECTING ADJACENT PROPERTY Protect adjacent property from damage. If any damage results from an act or omission on the part of or on behalf of the Contractor, take corrective action to restore the damaged property to a condition similar or equal to that existing before the damage was done. 15. RESPONSIBILITY FOR DAMAGE CLAIMS Indemnify and save harmless the Owner and its agents and employees from all suits, actions, or claims and from all liability and damages for any injury or damage to any person or property due to the Contractor's negligence in the performance of the work and from any claims ansmg or amounts recovered under any laws, including workers' compensation and the Texas Tort Claims Act. Indemnify and save harmless the Owner and assume responsibility for all damages and injury to property of any character occurring during the prosecution of the work resulting from any act, omission,neglect, or misconduct on the Contractor's part in the manner or method of executing the work; from failure to properly execute the work; or from defective work or material. Pipelines and other underground installations that may or may not be shown on the plans may be located withm the right of way Indemnify and save harmless the Owner from any suits or claims resulting from damage by the Contractor's operations to any pipeline or underground installation. Make available the scheduled sequence of work to the respective utility owners so that they may COP 11-2021 Item 7L 7 of 14 Pane 1R1 nf539 CITY OF PEARLAND LGPP LEGAL RELATIONS AND SMITH RANCH ROAD EXPANSION RESPONSIBILITIES PROJECT coordinate and schedule adjustments of their utilities that conflict with the proposed work. 16. HAULING AND LOADS ON ROADWAYS AND STRUCTURES Comply with federal and state laws concerning legal gross and axle weights. Except for the designated Interstate system,vehicles with a valid yearly overweight tolerance permit may haul matenals to the work locations at the permitted load. Provide copies of the yearly overweight tolerance permits to the Engineer upon request. Construction equipment is not exempt from oversize or overweight permittmg requirements on roadways open to the traveling public. Protect existing bridges and other structures that will remain m use by the traveling public durmg and after the completion of the Contract. Construction traffic on roadways,bridges, and culverts within the limits of the work, including any structures under construction that will remain in service dunng and after completion of the Contract is subject to legal size and weight limitations. Additional temporary fill may be required by the Engineer for haulmg purposes for the protection of certain structures. This additional fill will not be paid directly but will be subsidiary Replace or restore to original condition any structure damaged by the Contractor's operations. The Engineer may allow equipment with oversize or non-divisible overweight loads to operate without a permit within the work locations on pavement structures not open to the traveling public. Submit Contractor-proposed changes to traffic control plans for approval, in accordance with Item 502, "Barricades, Signs, and Traffic Handling." The following sections further address overweight allowances. The Owner will make available to the Contractor any available plans and material reports for existing structures. 16.1 Overweight Construction Traffic Crossing Structures.The Engineer may allow crossing of a structure not open to the public within the work locations, when divisible or non-divisible loads exceed legal weight limitations, including limits for load-posted bridges. Obtain written permission to make these crossings. Submit for approval a structural analysis by a licensed professional engineer indicating that the excessive loads should be allowed. Provide a manufacturer's certificate of equipment weight that includes the weight distribution on the various axles and any additional parts such as counterweights,the configuration of the axles, or other information necessary for the analysis. Submit the structural analysis and supporting documentation sufficiently in advance of the move to allow for review Permission may be granted if the Engineer finds that no damage or overstresses in excess of those normally allowed for occasional overweight COP 11-2021 Item 7L 8 of 14 Page 162 of 539 CITY OF PEARLAND SMITH RANCH ROAD EXPANSION LGPP LEGAL RELATIONS AND PROJECT RESPONSIBILITIES loads will result to structures that will remain in use after Contract completion. Provide temporary matting or other protective measures as directed. Schedule loads so that oily one vehicle is on any span or continuous unit at any time. Use barricades, fences, or other positive methods to prevent other vehicular access to structures at any time the overweight load is on any span or continuous unit. 16.2. Construction Equipment Operating on Structures. Cranes and other construction equipment used to perform construction operations that exceed legal weight limits may be allowed on structures. Before any operation that may require placement of equipmentlion a structure, submit for approval a detailed structural analysis prepared by a licensed professional engineer Submit the structural analysis and supporting documentation sufficiently m advance of the use to allow for review and approval. Include all axle loads and configurations, spacing of tracks or wheels, tire loads, outrigger placements, center of gravity, equipment weight, and predicted loads on tires and outriggers for all planned movements, swings, or boom reaches. The analysis must demonstrate that no overstresses will occur in excess of those normally allowed for occasional overweight loads. 16.3. Loads on Structures D'o not store or stockpile material on bridge structures without written permission. If required, submit a structural analysis and supporting documentation by a licensed professional engineer for review Permission may be granted if the Engineer finds that no damage or overstresses m excess of those normally!allowed for occasional overweight loads will result to structures that will remain in use after Contract completion. Provide temporary matting or other protective measures as directed. 16.4 Hauling Divisible Overweight Loads on Pavement Within the Work Locations. The Engineer may allow divisible overweight loads on pavement structures within the work locations not open to the traveling public. Obtain written approval before hauling the overweight loads. Include calculations to demonstrate that there will be no damage or overstress to the pavement structure 17. CONTRACTOR'S RESPONSIBILITY FOR WORK Until final acceptance of the Contract,take every precaution against injury or damage to any part of the work by the action of the elements or by any other cause,whether arising from the execution or from the nonexecution of the work. Protect all materials to be used in the work at all times, including periods of suspension. COP 11-2021 Item 7L 9 of 14 Page 163 of 539 CITY OF PEARLAND LGPP LEGAL RELATIONS AND SMITH RANCH ROAD EXPANSION PROJECT RESPONSIBILITIES When any roadway or portion of the roadway is m suitable condition for travel, it may be opened to traffic as directed. Opening of the roadway to traffic does not constitute fmal acceptance. Repair damage to all work until final acceptance. Repair damage to existing facilities in accordance with the Contract or as directed.Repair damage to existing facilities or work caused by Contractor operations at the Contractor's expense.Repair work for damage that was not due to the Contractor's operations will not be paid for except as provided below 171 Reimbursable Repair Except for damage to appurtenances listed in Section 7 17.2.1., "Unreimbursed Repair,"the Contractor will be reimbursed for repair of damage caused by- • Unauthorized motor vehicle,watercraft, aircraft, or railroad-train incident; or • vandalism, or 17.2. Appurtenances. 17.2.1 Unreimbursed Repair 'Reimbursement will not be made for repair of damage to the following temporary appurtenances,regardless of cause • signs, • barricades, • changeable message signs,and • other work zone traffic control devices. Crash cushion attenuators and guardrail end treatments are the exception to the above listing and are to be reimbursed in accordance with Section 17.2.2., "Reimbursed Repair" Where the Contractor retams replaced appurtenances after completion of the project,the Owner will hmrt the reimbursement to the cost that is above the salvage value at the end of the project. 17.2.2. Reimbursed Repair Reimbursement will be made for repair of damage due to the causes listed in Section 7 17 1., "Reimbursable Repair," to appurtenances (including temporary and permanent crash cushion attenuators and guardrail end treatments). 17.3. Roadways and Structures.Until final acceptance, the Contractor is responsible for all work constructed under the Contract. The Owner will not reimburse the Contractor for repair work to new construction,unless the failure or damage is due to one of the causes listed in Section 7 17 1., "Reimbursable Repair" COP 11-2021 Item 7L 10 of 14 Paae 164 of 539 CITY OF PEARLAND LGPP LEGAL RELATIONS AND SMITH RANCH ROAD EXPANSION RESPONSIBILITIES PROJECT The Owner will be responsible for the cost for repair of damage to existing roadways and structures not caused by the Contractor's operations. 17 4 Detours. The Contractor]will be responsible for the cost of maintenance of detours constructed under the Contract,unless the failure or damage is due to one of the causes listed in Section 7 17 1., "Reimbursable Repair" The Engmeer may consider failures beyond lithe Contractor's control when determining reimbursement for repai 's to detours constructed. The Contractor will be responsible for the cost of mamtenance of existing streets and roadways used for detours or handling traffic 17.5. Relief from Maintenance. The Engmeer may relieve the Contractor from responsibility of maintenance as outlined m this section. This relief does not release the Contractor from responsibility for defective matenals or work or constitute final acceptance. 17:5.1 Isolated Work Locations. For isolated work locations,when all work is completed, including work for Item 5 11, "Final Cleanup,"the Engmeer may relieve the Contractor from responsibility for maintenance. 17.5.2. Work Except for Vegetative Establishment and Test Periods. When all work for all or isolated work locations has been completed,including work for Item 5 11., "Final Cleanup,"with the exception of vegetative establishment and maintenance penods and test and performance penods,the Engineer may relieve the Contractor from responsibility for maintenance of completed portions of work. 17.5.3. Work Suspension.When all work is suspended for an extended period of time, the Engineer may relieve the Contractor from responsibility for maintenance of completed portions of work dunng the penod of suspension. 17.5.4 When Directed by the Engineer The Engmeer may relieve the Contractor from the responsibility for mamtenance when directed. 17.6. Basis of Payment. When reimbursement for repair work is allowed and performed,payment will be made in accordance with pertinent items or Item 4 4 Changes in the Work." 18. ELECTRICAL REQUIREMENTS 18.1 Definitions. 18.1 1 Electrical Work. Electrical work is work performed for- ■ Item 610, "Roadway Illumination Assemblies," • Item 614, "High Mast Illumination Assemblies," COP 11-2021 Item 7L 11 of 14 Page 165 of 539 CITY OF PEARLAND LGPP LEGAL RELATIONS AND SMITH RANCH ROAD EXPANSION PROJECT RESPONSIBILITIES • Item 616, "Performance Testing of Lighting Systems," • Item 617, "Temporary Roadway Illumination," • Item 618, "Conduit,1' • Item 620, "Electrical Conductors," • Item 621, "Tray CabIle," • Item 622, "Duct Cable," • Item 628, `Electrical Services," • Item 680, "Highway Traffic Signals," • Item 681, "Temporary Traffic Signals," • Item 684, "Traffic Signal Cables," • Item 685, "Roadside,Flashing Beacon Assemblies," • other items that involve either the distribution of electrical power greater than 50 volts or the installation of conduit and duct banks, • the installation of conduit and wiring associated with Item 624, "Ground Boxes,"and Item 656, "Foundations for Traffic Control Devices,"and • the installation of the conduit system for communication and fiber optic cable. Electrical work`does not include the installation of communications or fiber optic cable, or the connections for low voltage and mherently power lmuted circuits such as electronic or communications equipment.Assembly and placement of poles, structures, cabinets, enclosures,manholes, or other hardware will not be considered electrical work as long as no wiring,wiring connections, or conduit work is done at the tune',of assembly and placement. 18.1.2. Specialized Electrical Work. Specialized electrical work is work that mcludes the electrical service and feeders, sub-feeders,branch circuits, controls,raceways, and enclosures for the following: • pump stations, • moveable bridges, II • ferry slips, • motor control centers, • facilities required under Item 504, "Field Office and Laboratory," • rest area or other pubhc buildings, • weigh-in-motion stations, • electrical services larger than 200 amps, • electrical services with main or branch circuit breaker sizes not shown in the Contract, and • any 3-phase electrical power COP 11-2021 Item 7L 12 of 14 Page 166 of 539 CITY OF PEARLAND LGPP LEGAL RELATIONS AND SMITH RANCH ROAD EXPANSION PROJECT RESPONSIBILITIES 18.1.3. Certified Person. A certified person is a person who has passed the test from the TxDOT course TRF450, "TxDOT Roadway Illumination and Electrical Installations," or other courses as approved by the Owner Submit a current and valid certification upon request. 18.14 Licensed Electrician. A licensed electrician is a person with a current and valid unrestricted master electrical license,or unrestricted journeyman electrical license that is supervised or directed by an unrestricted master electrician. An unrestricted master electrician need not be on the work locations at all times electrical work is being done,but the unrestricted master electrician must approve work performed by the unrestricted journeyman. Licensed electrician:requirements by city ordinances do not apply to on state system work. The unrestricted journeyman and unrestricted master electrical licenses must be issued by the Texas Department of Licensmg and Regulation or by a city m Texas with a population of 50,000 or greater that issues licenses based on passing a written test and demonstrating experience. The Engmeer may accept other states' electrical licenses. Submit documentation of the requirements for obtaining that license. Acceptance of the license will be based on sufficient evidence that the license was issued based on. • passing a test based In the NEC similar to that used by Texas licensing officials, and • sufficient electrical experience commensurate with general standards for an unrestricted master and unrestricted journeyman electrician in the State of Texas. 18.2. Work Requirements. The qualifications required to perform electrical work and specialized electrical work are listed in Table 2. COP 11-2021 Item 7L 13 of 14 Page 167 of 539 CITY OF PEARLAND SMITH RANCH ROAD EXPANSION LGPP LEGAL RELATIONS AND PROJECT RESPONSIBILITIES Table 2 Work Requirements Qualifications to Perform Type of Work Work Licensed electrician, certified Electrical work with plans person, or workers directly supervised by a licensed electrician or certified person Licensed electrician or workers Electrical work without plans directly supervised by a licensed electrician Licensed electrician or workers Specialized electrical work directly supervised by a licensed electrician Licensed electrician, certified Replace lamps, starting;aids, person, or workers directly and changing fixtures supervised by a licensed electrician or certified person Conduit in precast section with Inspection by licensed approved working drawings electrician or certified person Conduit m cast-in-place section Inspection by licensed electrician or certified person All other electrical work Licensed electrician or workers (troubleshooting, repairs, directly supervised by a component replacement, etc.) licensed electrician A licensed electrician must be physically present during all electrical work when Table 2 states that workers are to be directly supervised by a licensed electrician or certified person. A non-certified person may mstall conduit in cast-in-place concrete sections if the work is verified by a certified person before concrete placement. When the plans specify IMSA certification,the requirements of Table 2 will still apply to the installation of the conduit, ground boxes, electrical services,pole grounding, and electrical conductors installed under Item 620, "Electrical Conductors." COP 11-2021 Item 7L 14 of 14 Page 168 of 539 CITY OF PEALAND LGPP PROSECUTION SMITH RANCH ROAD EXPANSION PROJECT AND PROGRESS Section.00796-T ITEM 8L-PROSECUTION AND PROGRESS 1. PROSECUTION OF WORK Unless otherwise shown in the Contract,begin work within 10 calendar days after the authorization date to begin work as shown on the Notice to Proceed. Prosecute the work continuously to completion within the contract days specified. Unless otherwise shown m the Contract documents,work may be prosecuted in concurrent phases if no changes are required m the traffic control plan or if a revised traffic control plan is approved.Notify the Engineer at least 24 hr before beginning work or before begmmng any new operation. Do not start new operations to the detriment of work already begun. Minimize interference to traffic. 2. SUBCONTRACTING Do not sublet any portion of a construction Contract without the Engineer's written approval. A subcontract does not relieve any responsibility under the. Contract and bonds. Ensure that all subcontracted work complies with all governing labor provisions. The Contractor certifies by signing the Contract that the Contractor will not enter into any subcontract with a subcontractor that is debarred or suspended by the Owner, or any state or federal agency For federally funded Contracts, ensure the required federal documents are physically attached to each subcontract agreement including all tiered subcontract agreements. For all DBE/HUB/SBE subcontracts including all tiered DBE/HUB/SBE subcontracts, submit a copy pf the executed subcontract agreement. Submit a copy of the executed non-DBE subcontracts including all tiered non- DBE subcontracts when requested. 2.1 Construction Contracts. Perform work with own organization on at least 30%of the total original Contract cost(25%if the Contractor is an SBE on a wholly State or local funded Contract) excluding any items determined to be specialty items. Specialty items are those that require highly specialized knowledge, abilities, or equipment not usually available in the contracting firm expected to bid on the proposed Contract as a whole. Specialty items will be shown on the plans or as directed by the Engineer Bid cost of specialty items performed by subcontractors will be deducted from the COP 11-2021 Item 8L 1 of 13 Pane 1 RQ of SRQ CITY OF PEALAND SMITH RANCH ROAD EXPANSION LGPP PROSECUTION PROJECT AND PROGRESS total original Contract cost before computing the required amount of work to be performed by the Contractor's own organization. The term"perform work with own organization" includes only • workers employed and paid directly by the Contractor or wholly owned subsidiary; • equipment owned by the Contractor or wholly owned subsidiary; • rented or leased equipment operated by the Contractor's employees or wholly owned subsidiary's employees, • materials incorporated into the work if the majonty of the value of the work involved in incorpori tmg the matenal is performed by the Contractor's own organization, including a wholly owned subsidiary's organization, and • labor provided by staff leasing firms licensed under Chapter 91 of the Texas Labor Code for nonsupervisory personnel if the Contractor or wholly owned subsidiary maintains direct control over the activities of the leased employees and includes them in the weekly payrolls. When staff leasing firms',provide materials or equipment,they are considered subcontractors. In these instances, submit staff leasmg firms for approval as a subcontractor Copies of cancelled checks and certified statements may be required to verify compliance with the requirements of this section. 2.2. Payments to Subcontractors. Report payments for DBE/HUB/SBE subcontracts including tiered DBE/HUB/SBE subcontracts in the manner as prescribed by the Owner 2.3. Payment Records.Make payment records, mcludmg copies of cancelled checks, available for inspection by the Owner Submit payment records upon request. Retain payment records for a period of 3 yr following completion of the Contract work or as specified by the Owner Failure to submit this information to the Engineer by the 20th day of each month will result in the Owner taking actions, including,but not limited to,withholdmg estimates and suspending the work. This work will not be measured or paid for directly but will be subsidiary to pertinent items 3. COMPUTATION OF CONTRACT TIME FOR COMPLETION Upon request, the Engineer will provide the conceptual time determination schedule to the Contractor for informational purposes only The schedules assume generic resources,production rates, sequences of construction and average COP 11-2021 Item 8L 2 of 13 Page 170 of 539 CITY OF PEALAND LGPP PROSECUTION SMITH RANCH ROAD EXPANSION AND PROGRESS PROJECT weather conditions based on historic data. The Owner will not adjust the number of contract days and milestones, if any, due to differences in opimon regarding any assumptions made in the preparation of the schedule or for errors, omissions, or discrepancies found m the Owner's conceptual time schedule. The number of working days is established by the Contract. Working day charges will begin 30 calendar days after the date of the wntten authorization to begin work. Working day charges will continue in accordance with the Contract. The Engmeer may consider increasing the number of working days under extraordmary circumstances. 3.1 Working Day Charges.;Working days will be charged in accordance with Section 8.3 14., "Standard Workweek,"unless otherwise shown in the Contract documents. Working days will be computed and charged in accordance with one of the following: 3.1 1 Five-Day Workweek. Working days will be charged Monday through Fnday, excludmg national holidays,regardless of weather conditions or matenal availability The Contractor has the option of working on Saturdays. Provide sufficient advance notice when scheduling work on Saturdays. Work on Sundays and national holidays will not be permitted without written permission. If work requinng an Inspector to be present is performed on a Saturday, Sunday, or national holiday, and weather and other conditions permit the performance of work for 7 hr.between 7IA.M. and 6 P.M., a working day will be charged. 3.1.2. Six-Day Workweek. Working days will be charged Monday through Saturday, excluding national holidays,regardless of weather conditions or material availability Work on Sundays and national holidays will not be permitted without written permission. If work requinng an Inspector to be present is performed on a Sunday or a national holiday, and weather or other conditions permit the performance of work for 7 hr between 7 A.M. and 6 P.M., a working day will be charged. 3.1.3. Seven-Day Workweek.Working days will be charged Monday through Sunday, excluding national holidays, regardless of weather conditions or material availability Work on national holidays will not be permitted without wntten permission. If work is performed on any of these holidays requiring an Inspector to be present, and weather or other conditions permit the performance of work for 7 hr between 7 A.M. and 6 P.M., a working day will be charged. 3.14 Standard Workweek. Working days will be charged Monday through Friday, excluding national or state holidays, if weather or other conditions permit the performance of the principal umt of work underway, as determined by the Engineer,for a continuous period of at least 7 hr between 7 A.M. and`6 P.M., unless otherwise shown in the Contract. The Contractor has the option of working COP 11-2021 Item 8L 3 of 13 Page 171 of 539 CITY OF PEALAND LGPP PROSECUTION SMITH RANCH ROAD EXPANSION PROJECT AND PROGRESS _ I on Saturdays or state holidays. Provide sufficient advance notice to the Engineer when scheduling work on Saturdays. Work on Sundays and national holidays will not be permitted without written permission. If work requirmg an Inspector to be present is performed on a Saturday, Sunday, or holiday, and weather or other conditions permit the performance of work for 7 hr between 7 A.M. and 6 P.M., a working day will be charged. 3.1.5. Calendar Day Working days will be charged Sunday through Saturday, including all holidays,regardless of weather conditions, material availability,or other conditions not under the control of the Contractor 3.1.6. Other Working days will be charged as shown in the Contract documents. 3.2. Restricted Work Hours. Restrictions on Contractor work hours and the related definition for working day charges are as prescribed m this article unless otherwise shown in the Contract documents. 3.3. Nighttime Work.Nighttime work is allowed only when shown in the Contract documents or as directed.Nighttime work is defined as work performed from 30 min. after sunset to 30 min. before sunrise. 3.3.1 Five-, Six-,and Seven-Day Workweeks.Nighttime work that extends past midnight will be assigned to the following day for the purposes of approval for allowing work on Sundays or national holidays. 3.3.2. Standard Workweek. 3.3.2.1 Nighttime Work Only When nighttime work is allowed or required and daytime work is not allowed, working day charges will be made when weather and other conditions permit the performance of the principal•umt of work underway, as determined by the Engineer, for a continuous period of at least 7 hr for the nighttime period, as defined in Section 8.3.3 , "Nighttime Work,"unless otherwise shown in the Contract documents. 3.3.2.2. Nighttime Work and Daytime Work Requiring Inspector When nighttime work is performed or required and daytime work is allowed,working day charges will be made when weather and other conditions permit the performance of the principal unit of work underway,as determined by the Engineer, for a continuous period of at least 7 hr for the nighttime period, as defined in Section 8.3.3., "Nighttime Work," or for a continuous period of at least 7 hr for the alternative daytime period unless otherwise shown m the Contract documents. Only one day will be charged for each 24-hr time period. When the Engineer agrees to restrict work hours to the nighttime period only,workmg day charges will be in accordance with Section 8.3.3.2.1 , "Nighttime Work Only" COP 11-2021 Item 8L 4 of 13 Page 172 of 539 CITY OF PEALAND LGPP PROSECUTION SMITH RANCH ROAD EXPANSION AND PROGRESS PROJECT 4. TEMPORARY SUSPENSION OF WORK OR DAILY CHARGES The Engineer may suspend the work,wholly or in part, and will provide notice and reasons for the suspension in writing. Suspend and resume work only as directed in writing. When part of the work is suspended,the Engineer may suspend daily charges only when conditions not under the control of the Contractor prohibit the performance of critical activities. When all of the work is suspended for reasons not under the control of the Contractor the Engineer will suspend daily charges. 5. PROJECT SCHEDULES Prepare,maintain, and submit project schedules. Project schedules are used to convey the Contractor's intended work plan to the Owner Prepare project schedules with a level of effort sufficient for the work being performed. Project schedules will not be used as a basis to establish the amount of work performed or for the preparation of the progress payments. 5.1 Project Scheduler Designate an individual who will develop and maintain the progress schedule. The Project Scheduler will be prepared to discuss, m detail,the proposed sequence of work and methods of operation, and how that mformation will be communicated through the Progress Schedule at the Preconstruction Meeting. This individual'will also attend the project meetmgs and make site visits to prepare, develop, and maintain the progress schedules. Construction Details. Before starting work,prepare and submit a progress schedule based on the sequence of work and traffic control plan shown in the Contract documents. At a mimmum,prepare the progress schedule as a Bar Chart or Critical Path Method(CPM), as shown on the plans. Include all planned work activities and sequences and show Contract completion within the number of contract days specified.Incorporate major material procurements,known utility relocations, and other activities that may affect the completion of the Contract m the progress schedule. Show a beginning date, ending date, and duration m whole days for each activity Do not use activities exceedmg 20 days, except for agreed upon activities: Show an estimated production rate per day for each work activity 5.3. Schedule Format. Format all project schedules according to the following: • Begm the project schedule on the date of the start of Contract time or start of activities affecting work on the project; • Show the sequence and interdependence of activities required for complete performance of the work. If using a CPM schedule, show a predecessor and a successor for each activity; and COP 11-2021 Item 8L 5 of 13 Page 173 of 539 CITY OF PEALAND LGPP PROSECUTION SMITH RANCH ROAD EXPANSION PROJECT AND PROGRESS • Ensure all work sequences are logical and show a coordinated plan of the work. CPM schedules must also mclude: • Clearly and accurately identify the critical path as the longest continuous path, • Provide a legend for i 11 abbreviations,run date, data date,project start date, and project completion date in the title block of each schedule submittal, and • Through the use of c 1 lendars, incorporate seasonal weather conditions into the schedule for work(e.g., earthwork, concrete paving, structures, asphalt, drainage, etc)that may be influenced by temperature or precipitation. Also, incorporate non-work periods such as holidays,weekends, or other non-work days as identified in the Contract. 5.4 Activity Format. For each activity on the project schedule provide. • A concise description of the work represented by the activity; • An activity duration in whole days, • Code activities so that organized plots of the schedule may be produced. CPM schedules must also mclude the quantity of work and estimated production rate for major items of work. Provide enough information for review of the work being performed. 5.5. Schedule Types. 5.5.1 Bar Chart. Seven days before the preconstruction meeting,prepare and submit a hard copy of the schedule using the bar chart method. 5.5.1 1 Progress Schedule Reviews Update the project schedule and submit a hard copy when changes to the schedule occur or when requested. 5.5.2. Critical Path Method.Prepare and submit the schedule using the CPM. 5.5.2.1 Preliminary Schedule. Seven days before the preconstruction meeting, submit both the plotted and electromc copies of the project schedule showing work to be performed withm the first 90 days of the project. 5.5.2.2. Baseline Schedule. The baseline schedule will be considered the Contractor's plan to successfully construct the project within the time frame and construction sequencmg indicated m the Contract. Submit both plotted and electronic copies of the baseline schedule. Submit 2 plots of the schedule: one orgamzed with the activities logically grouped using the activity coding; and the other plot showing only the critical path determined by the longest path, not based on critical float. COP 11-2021 Item 8L 6 of 13 Page 174 of 539 CITY OF PEALAND SMITH RANCH ROAD EXPANSION LGPP PROSECUTION PROJECT AND PROGRESS Develop and submit the baseline schedule for review within the first 45 days of the project unless the time for submission is extended. 5.5.2.2.1 Review Within 15 days of receipt of the schedule, the Engineer will evaluate, and inform the Contractor if the schedule has been accepted. If the schedule is not accepted,the Engineer will provide comments to the Contractor for incorporation. Provide a revised schedule based on the Engineer's comments, or reasons for not doing so within 10 days The Engineer's review and acceptance of the project schedule is for conformance to the requirements of the Contract documents only and does not relieve the Contractor of any responsibility for meeting the mtenm milestone dates (if specified) or the Contract completion date. Review and acceptance does not expressly or by implication warrant, acknowledge, or admit the reasonableness of the logic or durations of the project schedule. If the Contractor fails to define any element of work, activity, or logic and the Engineer's review does not detect this omission or error,the Contractor is responsible for correcting the error or omission. Submit an acceptable baseline schedule before the 90th day of the project unless the time for submission is extended. 5.5.2.3. Progress Schedule. Maintain the project schedule for use by both the Contractor and the Engineer Submit both the plotted and electronic copy as it will become an as-built record of the daily progress achieved on the project. If continuous progress of an activity is interrupted for any reason except non-work periods (such as holidays,weekend, or interference from temperature or precipitation), then the activity will show the actual finish date as that date of the start of the interruption and the activity will be broken into a subsequent activity(or activities,based on the number of interruptions) similarly numbered with successive alpha character as necessary The original duration of the subsequent activity will be that of the remaming duration of the original activity Relationships of the subsequent activity will match those of the original activity so that the mtegnty of the project schedule logic is mamtained. Once established, the original durations and actual dates of all activities must remam unchanged. Revisions to the schedule may be made as necessary The project schedule must be revised when changes m construction phasing and sequencmg occur or other changes that cause deviation from the ongmal project schedule occur Any revisions to the schedule must be listed in the monthly update narrative with the purpose of the revision and description of the impact on the project schedule's critical path and project completion date. Create the schedule revision usmg the latest update before the start of the revision. Monthly updating of the project schedule will include updating of: ■ The actual start dates for activities started, ■ The actual finish dates for activities completed, COP 11-2021 Item 8L 7 of 13 Page 175 of 539 CITY OF PEALAND LGPP PROSECUTION SMITH RANCH ROAD EXPANSION PROJECT AND PROGRESS • The percentage of work completed and remaining duration for each activity started but not yet completed, and • The calendars to show days actual work was performed on the various work activities. The cut-off day for recording monthly progress will be the last day of each month. Submit the updated project schedule no later than the 20th day of the following month. The Engineer will evaluate the updated schedule within 5 days of receipt and inform the Contractor if it has or has not been accepted. If the schedule is not accepted,the Engineer will provide comments to the Contractor for mcorporation. Provide a revised schedule based on the Engineer's comments, or reasons for not doing so within 5 days. Provide a brief narrative in a bulleted statement format for major items that have impacted the schedule.Notify the Engineer if resource-leveling is bemg used. 5.5.2.3.1 Project Schedule Summary Report(PSSR) When shown on the plans,provide the PSSR instead of the narrative required in Section 8.5.5.2.3., "Progress Schedule" The PSSR includes a listing of major items that have impacted the schedule as well as a summary of progress in days ahead or behmd schedule. Include an explanation of the project progress for the penod represented on the form provided by the Owner 5.5.3. Notice of Potential Time Impact. Submit a"Notice of Potential Time Impact" when a Contract time extension or adjustment of milestone dates may be justified or when directed. Failure to provide this notice in the time frames outlined above will compromise the Owner's ability to mitigate the impacts and the Contractor forfeits the right to request a time extension for adjustment of milestone dates unless the circumstances are such that the Contractor could not reasonably have had knowledge of the impact at the time. 5.5.4 Time Impact Analysis.When directed,provide a time impact analysis. A time impact analysis is an evaluation of the effects of impacts on the project. A time impact analysis consists of the following steps: • Step 1 Establish the status of the project immediately before the impact. • Step 2 Predict the effect of the impact on the schedule update used m Step 1 • Step 3 Track the effects of the impact on the schedule dunng its occurrence. • Step 4 Establish the status of the project after the impact's effect has ended and provide details identifying any mitigatmg actions or circumstances used to keep the project ongoing during the impact penod. COP 11-2021 Item 8L 8 of 13 Page 176 of 539 CITY OF PEALAND SMITH RANCH ROAD EXPANSION LGPP PROSECUTION PROJECT AND PROGRESS Determine the time impact by comparing the status of the work before the impact (Step 1)to the prediction of the effect of the impact(Step 2),if requested, and to actual effects of the impact once it is complete (Step 4).Unless otherwise approved, Steps 1, 3, and 4, must be completed before consideration of a Contract time extension or adjustment of a milestone date will be provided. Time extensions will only be considered when delays that affect milestone dates or the Contract completion date are beyond the Contractor's control. Submit Step 4 no later than 15 days after the impact's effects have ended or when all the information on the effect has been realized. Submit one electronic backup copy of the complete time impact analysis and a copy of the full project schedule mcorporatmg the time impact analysis. If the project schedule is revised after the submittal of a time impact analysis,but before its approval,indicate in writing the need for any modification to the time impact analysis. The Engineer will review the time impact analysis upon completion of step 4 If this review detects revisions or changes to the schedule that had not been performed and identified in a narrative,the Engineer may reject the time impact analysis. If the Engineer'is in agreement with the time impact analysis, a change order may be issued to grant additional days, or to adjust interim milestones. Once a change order has been executed, mcorporate the time impact analysis into the project schedule. The time impact analysis may also be used to support the settlement of disputes and claims. Compensation related to the time impact analysis may be provided at the completion of the analysis or the completion of the project to detemmne the true role the impact played on the final completion. The work performed under this article will not be measured or paid for directly but will be subsidiary to pertinent items. 6. FAILURE TO COMPLETE WORK ON TIME The time established for the completion of the work is an essential element of the Contract. If the Contractor fails to complete the work within the number of contract days specified, days will continue to be charged.Failure to complete the Contract, a separate work order, or callout work within the number of days specified, including any approved additional days,will result m liquidated damages for each day charged over the number of days specified in the Contract. The dollar amount specified in the Contract will be deducted from any money due or to become due the Contractor for each day the Contract remams incomplete This amount will be assessed not as a penalty but as liquidated damages. COP 11-2021 Item 8L 9 of 13 Paae 177 of 539 I CITY OF PEALAND LGPP PROSECUTION SMITH RANCH ROAD EXPANSION PROJECT i AND PROGRESS 7. DEFAULT OF THE CONTRACT 71 Declaration of Default. The Engineer may declare the Contractor to be in default of the Contract if the Contractor- • fails to begin the work within the number of days specified, • fails to prosecute the work to assure completion withm the number of days specified, • is uncooperative, disruptive or threatening, • fails to perform the work m accordance with the Contract requirements, • neglects or refuses to; remove and replace rejected materials or unacceptable work, • discontinues the pros)ecution of the work without the Engineer's approval, • makes an unauthorized assignment, • fails to resume work that has been discontinued within a reasonable number of days after notice to do so, • fails to conduct the work in an acceptable manner, or • commits fraud or other unfixable conduct as determined by the Owner If any of these conditions occur,the Engineer will give notice in writing to the Contractor and the Surety of the intent to declare the Contractor m default. If the Contractor does not proceed as directed within.5 days after the notice,the Owner will provide written notice to the Contractor and the Surety to declare the Contractor to be in default of the Contract. The Owner will also provide written notice of default to the Surety If the Contractor provides the Owner written notice of voluntary default of the Contract,the Owner may waive the 5 day notice of intent to declare the Contractor in default and immediately provide written notice of default to the Contractor and the Surety Daily charges will continue until completion of the Contract. The Owner may suspend work m accordance with Section 8 4., "Temporary Suspension of Work or Work day Charges,"to investigate apparent fraud or other unfixable conduct before defaulting the Contractor The Contractor may be subject to sanctions under the state and/or federal laws and regulations. The Owner will determine the method used for the completion of the remaining work as follows. • Contracts without Performance Bonds. The Owner will determine the most expeditious and efficient way to complete the work, and recover damages from the Contractor • Contracts with Performance Bonds. The Owner will,without violating the Contract, demand that the Contractor's Surety complete the remaimng work in accordance with the terms of the original Contract. A completing Contractor COP 11-2021 Item 8L 10 of 13 Page 178 of 539 CITY OF PEALAND LGPP PROSECUTION SMITH RANCH ROAD EXPANSION AND PROGRESS PROJECT will be considered a subcontractor of the Surety The Owner reserves the right to approve or reject proposed subcontractors. Work may resume after the Owner receives and approves Certificates of Insurance as required in Section 3 4.3., "Insurance." Certificates of Insurance maybe issued in the name of the completing Contractor The Surety is responsible for makmg every effort to expedite the resumption of work and completion of the Contract. The Owner may complete the work using any or all matenals at the work locations that it deems suitable and acceptable. Any costs incurred by the Owner for the completion of the work under the Contract will be the responsibility of the Surety From the time of notification of the default until work resumes (either by the Surety or the Owner),the Owner will maintain traffic control devices and will do any other work it deems necessary,unless otherwise agreed upon by the Owner and the Surety All costs associated with this work will be deducted from money due to the Surety The Owner will hold all money earned but not disbursed by the date of default. Upon resumption of the work after the default, all payments will be made to the Surety All costs and charges incurred by the Owner as a result of the default, including the cost of completing the work under the Contract, costs of maintaining traffic control devices, costs for other work deemed necessary, and any applicable liquidated damages or disincentives will be deducted from money due the Contractor for completed work. If these costs exceed the sum that would have been payable under the Contract,the Surety will be liable and pay the Owner the balance of these costs m excess of the Contract price. In case the costs mcurred by the Owner are less than the amount that would have been payable under the Contract if the work had been completed by the Contractor,the Owner will be entitled to retain the difference Comply with Item 8.2., "Subcontracting," and abide by the DBE/HUB/SBE commitments previously approved by the Owner No markups as defined in Item 9 7., "Payment for Extra Work and Force Account Method,"will be allowed for the Surety 7.2. Wrongful Default. Submit a written request to the Owner withm 14 days of receipt of the notice of default for consideration of wrongful default. The Owner will determine if the Contractor has been wrongfully defaulted, and will proceed with the followmg: COP 11-2021 Item 8L 11 of 13 Paae 179 of 539 CITY OF PEALAND LGPP PROSECUTION SMITH RANCH ROAD EXPANSION AND PROGRESS PROJECT • If the Owner determines the default is proper, the default will remam. If the Contractor is in disagreement,the Contractor may file a claim in accordance with Item 4 7 ,"Dispute or Claims Procedure." • If the Owner determines it was a wrongful default, the Owner will terminate the Contract for convemence, in accordance with Section 8 8, "Termination of the Contract." 8. TERMINATION OF THE CONTRACT The Owner may terminate the Contract in whole or in part whenever • the Contractor is prevented from proceeding with the work as a direct result of an executive order of the President of the United States or the Governor of the State, • the Contractor is prevented from proceeding with the work due to a national emergency, or when the work to be performed under the Contract is stopped, directly or indirectly,because of the freezing or diversion of materials, equipment or labor as the result of an order or a proclamation of the President of the United States, • the Contractor is prevented from proceeding with the work due to an order of any federal authority; • the Contractor is prevented from proceeding with the work by reason of a preliminary, special,'or permanent restraining court order where the issuance of the restraining order is primarily caused by acts or omissions of persons or agencies other than the Contractor; or • the Owner determines that termination of the Contract is in the best mterest of the Owner or the public. This includes,but is not limited to, the discovery of significant hazardous matenal problems,right of way acquisition problems, or utility conflicts that would cause substantial delays or expense to the Contract. 8.1 Procedures and Submittals. The Engineer will provide written notice to the Contractor of termination specifying the extent of the termination and the effective date.Upon notice, immediately proceed in accordance with the following: • stop work as specified in the notice, • place no further subcontracts or orders for materials, services, or facilities, except as necessary to complete a critical portion of the Contract, as approved, • terminate all subcontracts to the extent they relate to the work terminated; • complete performance of the work not termmated, • settle all outstanding liabilities and termination settlement proposals resulting from the termmatiori for public convenience of the Contract; COP 11-2021 Item 8L 12 of 13 Page 180 of 539 CITY OF PEALAND LGPP PROSECUTION SMITH RANCH ROAD EXPANSION AND PROGRESS PROJECT • create an inventory report, including all acceptable matenals and products obtained for the Contract that have not been incorporated in the work that was terminated(include in the inventory report a description, quantity, location, source, cost, and payment status for each of the acceptable materials and products), and • take any action necessary, or that the Engmeer may direct, for the protection and preservation of the materials and products related to the Contract that are in the possession of the Contractor and m which the Owner has or may acquire an interest. COP 11-2021 Item 8L 13 of 13 Page 181 of 539 CITY OF PEARLAND SMITH RANCH ROAD EXPANSION LGPP MEASUREMENT AND PAYMENT PROJECT Section 00797-T ITEM 9L—LGPP MEASUREMENT AND PAYMENT 1 MEASUREMENT OF QUANTITIES The Engineer will measure all completed work usmg United States standard measures,unless otherwise specified. 1 1 Linear Measurement.Unless otherwise specified, all longitudmal measurements for surface areas will be(made along the actual surface of the roadway and not horizontally No deduction will be made for structures m the roadway with an area of 9 sq. ft. or less. For all transverse measurements for areas of base courses, surface courses, and pavements,the dimensions to be used in calculatmg the pay areas will be the neat dimensions and will not exceed those shown on the plans, unless otherwise directed. 1.2. Volume Measurement. Transport materials measured for payment by volume m approved hauling vehicles. Display a unique identification mark on each vehicle. Furnish information necessary to calculate the volume capacity of each vehicle. The Engineer may require verification of volume through weight measurement. Use body shapes that allow the capacity to be verified. Load and level the load to the equipment's approved capacity Loads not hauled in approved vehicles may be rejected. 1.3. Weight Measurement. Transport materials measured for payment by weight or truck measure in approved hauling vehicles. Furnish certified measurements,tare weights, and legal gross weight calculations for all haul units. Affix a permanent, legible number on the truck and on the trailer to correspond with the certified information. Furnish certified weights of loaded haul units transportmg material if requested. The material will be measured at the point of delivery The cost of supplying these volume and weight capacities is subsidiary to the pertinent item. For measurement by the ton, in the field,provide measurements in accordance with Item 520, "Weighing and Measuring Equipment,"except for items where ton measurements are measured by standard tables. The Engineer may reject loads and suspend hauling operations for overloading. 1.3.1 Hauling on Routes Accessible to the Traveling Public. For payment purposes on haul routes accessible to the traveling public,the net weight of the load will be calculated as follows • If the gross vehicle weight is less than the maximum allowed by state law, including applicable yearly weight tolerance permit, the net weight of the load COP 11-2021 Item 9L 1 of 8 Paae 182 of 539 CITY OF PEARLAND SMITH RANCH ROAD EXPANSION LGPP MEASUREMENT AND PAYMENT PROJECT will be determined by deductmg the tare weight of the vehicle from the gross weight. ' • If the gross vehicle weight is more than the maximum allowed by state law, including applicable yearly weight tolerance permit, the net weight of the load will be determined by deductmg the tare weight of the vehicle from the maximum gross weight allowed. 1.3.2. Hauling on Routes Not Accessible to.the Traveling Public. For payment purposes on haul routes that are not accessible to the traveling public where advance permission is obtained in writing from the Engineer • If the gross vehicle weight is less than the maximum allowed, including applicable yearly weight tolerance permit,the net weight of the load will be determined by deducting the tare weight of the vehicle from the gross weight. • If the gross vehicle weight is more than the maximum allowed, the net weight of the load will be determined by deducting the tare weight of the vehicle from the maximum gross weight allowed. 2. PLANS QUANTITY MEASUREMENT Plans quantities may or may not represent the exact quantity of work performed or material moved,handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities,unless revised by the governing specifications or this article. If the quantity measured as outlined under"Measurement"vanes by more than 5% (or as stipulated under"Measurement"for specific Items) from the total estimated quantity for an individual item originally shown in the Contract, an adjustment may.be made to the quantity of authonzed work done for payment purposes. When quantities are revised by a change in design approved by the Owner,by change order, or to correct an error on the plans,the plans quantity will be increased or decreased by the amount involved m the change, and the 5%variance will apply to the new plans quantity If the total Contract quantity multiplied by the unit bid pnce for an individual item is less than$250 and the item is not originally a plans quantity item,then the item may be paid as a plans quantity item if the Engineer and Contractor agree in writing to fix the final quantity as a plans quantity For Contracts with callout work and work orders,plans quantity measurement requirements are not applicable. COP 11-2021 Item 9L 2 of 8 Paae 183 of 539 CITY OF PEARLAND SMITH RANCH ROAD EXPANSION LGPP MEASUREMENT AND PAYMENT PROJECT 3. ADJUSTMENT OF QUANTITIES The party to the Contract requesting the adjustment will provide field measurements and calculations showmg the revised quantity When approved, this revised quantity will constitute the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that item, except as provided)for in Item 4 4, "Changes in the Work" 4. SCOPE OF PAYMENT Payment of the Contract unit price is full compensation for all materials, equipment, labor, tools, and supplies necessary to complete the item of work under the Contract. Until final acceptance in accordance with Item 5 12, "Final Acceptance," assume liability for completing the work according to the Contract documents and any loss or damage arising from the performance of the work or from the action of the elments, infringement of patent,trademark, or copyright, except as provided elsewhere in the Contract. The Owner will only pay'for material mcorporated into the work in accordance with the Contract. Payment of progress estimates will in no way affect the Contractor's obligation under the Contract to repair or replace any defective parts in the construction or to replace any defective materials used in the construction and to be responsible for all damages due to defects if the defects and damages are discovered on or before fmal inspection and acceptance of the work. 5. PROGRESS PAYMENTS The Engineer will prepare a monthly estimate of the amount of work performed, including materials in place. Incomplete items of work may be paid at an agreed upon percentage as approved. Payment of the monthly estimate is determined at the Contract item pnces less any withholdings or deductions in accordance with the Contract. Progress payments may be withheld for failure to comply with the Contract. 6. PAYMENT FOR MATERIAL ON HAND (MOH) If payment for MOH is desired,request compensation for the invoice cost of acceptable nonperishable materials that have not been used in the work before the request, and that have been delivered to the work location or are m acceptable storage places.Nonperishable matenals are those that do not have a shelf life or whose characteristics do not materially change when exposed to the elements. Include only matenals that have been sampled,tested, approved, or certified, and are ready for incorporation into the work. Only materials which are completely constructed or fabricated on the Contractor's order for a specific Contract and are so marked and on which an approved test report has been issued are eligible. COP 11-2021 Item 9L 3 of 8 Paae 184 of 539 CITY OF PEARLAND SMITH RANCH ROAD EXPANSION J LGPP MEASUREMENT AND PAYMENT PROJECT - I Payment for MOH may include the following types of items. concrete traffic barrier,precast concrete box culverts, concrete piling,remforced concrete pipe, and illummation poles.Any repairs required after fabricated matenals have been approved for storage wild require approval of the Engineer before being made and will be made at the Contractor's expense. Include only those materials that have an invoice cost of at least$1,000 in the request for MOH payment. If the request is acceptable, the Engmeer will include payment for MOH in a progress payment. Payment for MOH does not constitute acceptance of the materials. Payment will not exceed the actual cost of the material as established by invoice, or the total cost for the associated item less reasonable placement costs, whichever is less. Materials for which the Contractor does not have a paid invoice within 60 days will not' be eligible for payment and will be removed from the estimate. Payment may be limited to a portion of the invoice cost or unit price if shown elsewhere in the Contract. Payment for precast products fabricated or constructed by the Contractor for which invoices or freight bills are not available may be made based on statements of actual cost. Submit the request on forms provided by the Owner These forms may be electronically reproduced,provided they are m the same format and contain all the required information and certifications. Contmue to submit monthly MOH forms until the total value of MOH is $0 By submittmg a request for MOH payment,the Contractor expressly authorizes the Owner to audit MOH records,and to perform process reviews of the record-keeping system. If the Owner determines noncompliance with any of the requirements of this provision,the Owner may exclude payment for any or all MOH for the duration of the Contract. Mamtam all records relating to MOH payment until final acceptance. Provide these records to the Engineer upon request. 7. PAYMENT FOR EXTRA WORK AND FORCE ACCOUNT METHOD Payment for extra work directed,performed, and accepted will be made-in accordance with Item 4 4., "Changes in the Work."Payment for extra work may be established by agreed unit pnces or by Force Account Method. Agreed unit prices are unit prices that include markups and are comparable to recent bid prices for the same character of work_ These unit pnces may be established without additional breakdown justification. When using Force Account Method,determine an estimated cost for the proposed work and establish labor and equipment rates and material costs.Maintain daily records of extra work and provide copies of these records daily, signed by the COP 11-2021 Item 9L 4 of 8 Page 185 of 539 CITY OF PEARLAND SMITH RANCH ROAD EXPANSION LGPP MEASUREMENT AND PAYMENT PROJECT Contractor's representative, for verification by the Engineer Request payment for the extra work no later than the 10th day of the month following the month in which the work was performed. Include copies of all apphcable invoices. If the extra work to be performed has an estimated cost of less than$10,000,. submit for approval and payment aii invoice of actual cost for materials, equipment, labor, tools, and incidentals necessary to complete the extra work. 71 Markups. Payment for extra work may include markups as compensation for the use of small tools, overhead expense, and profit. 71 1 Labor Compensation will be made for payroll rates for each hour that the labor, foremen, or other approved workers are actually engaged in the work. In no case will the rate of wages be less than the minimum shown in the Contract for a particular category An additional 25% of this sum will be paid as compensation for overhead, supenntendence,profit, and small tools. 71.2. Insurance and Taxes An additional 55% of the labor cost, excluding the 25% compensation provided in Item 9 7 1 1., "Labor,"will be paid as compensation for labor insurance and labor taxes including the cost of premiums on non-project- specific liability(excluding vehicular) insurance,workers compensation ' msurance, Social Security,unemployment insurance taxes, and fringe benefits. 71.3. Materials Compensation will be made for materials associated with the work based on actual delivered invoice costs, less any discount. An additional 25%of this sum will be paid as compensation for overhead and profit. 714 Equipment. Payment will be made for the established equipment hourly rates for each hour that the equipment is involved m the work. An additional 15%of this sum will be paid as compensation for overhead and profit not included in the rates. Transportation cost for mobilizing equipment will be included if the equipment is mobilized from an off-site location. 7141 Contractor-Owned Equipment. For Contractor-owned machinery,trucks, power tools, or other equipment,use the FHWA rental rates found in the Rental Rate Blue Book multiplied by the regional adjustment factor and the rate adjustment factor to establish hourly rates. Use the rates in effect for each section of the Rental Rate Blue Book at the time of use. If a rate has not been established for a particular piece of equipment in the Rental Rate Blue Book, the Engineer will allow a reasonable hourly rate. This price will include operating costs. Payment for equipment will be made for the actual hours used m the work. The Owner reserves the nght to withhold payment for low production or lack of COP 11-2021 Item 9L 5 of 8 Page 186 of 539 CITY OF PEARLAND SMITH RANCH ROAD EXPANSION LGPP MEASUREMENT AND PAYMENT PROJECT progress. Payment will not be made for time lost for equipment breakdowns, time spent to repair equipment, or time after equipment is no longer needed. If equipment is used intermittently while dedicated solely to the work,payment will be made for the duration the equipment is assigned to the work but no more than 8 hours will be paid during a 24-hour day,nor more than 40 hours per week, nor more than 176 hours per month, except when time is computed using a six- day or seven-day workweek. When using a six-day workweek,no more than 8 hours will be paid during a 24-hour day, nor more than 48 hours per week,nor more than 211 hours per month. When using a seven-day workweek,no more than 8 hours will be paid during a 24-hour day, nor more than 56 hours per week, nor more than 246 hours per month. 714.2. Equipment Not Owned by the Contractor For equipment rented from a third party not owned by the Contractor,payment will be made at the mvoice daily rental rate for each day the equipment is needed for the work. The Owner reserves the right to limit the daily rate to comparable Rental Rate Blue Book rates. When the invoice specifies that the rental rate does not include fuel, lubricants,repairs, and servicing,the Rental Rate Blue Book hourly operatmg cost for each hour the equipment is operated will be added. 1 When the mvoice specifies equipment operators as a component of the equipment rental,payment will be made at the invoice rate for each operator for each day the equipment is needed for the work. 714.3. Standby Equipment Costs. Payment for standby equipment will be made m accordance with Section 7 14 , "Equipment," except that: 714.3.1 Contractor-Owned Equipment. For Contractor-owned machinery,trucks, power tools, or other equipment: • Standby will be paid'at 50% (to remove operating cost) of the FHWA rental rates found in the Rental Rate Blue Book multiplied by the regional adjustment factor and the rate adjustment factor • Standby costs will not be allowed during periods when the equipment would have otherwise been idle. 714.3.2. Equipment Not Owned by the Contractor For equipment rented from a third party not owned by the Contractor • Standby will be paid at the invoice daily rental rate, excluding operatmg cost, which includes fuel, lubricants, repairs, and servicmg. The Owner reserves the right to limit the daily standby rate to comparable FHWA rental rates found m the Rental Rate Blue Book multiplied by the regional adjustment factor and the rate adjustment factor COP 11-2021 Item 91, 6 of 8 Page 187 of 539 CITY OF PEARLAND SMITH RANCH ROAD EXPANSION LGPP MEASUREMENT AND PAYMENT PROJECT • Standby will be paid for equipment operators when included on the invoice and equipment operators are actually on standby • Standby costs will not be allowed during penods when the equipment would have otherwise been idle 71.5. Subcontracting. An additional 5%of the actual invoice cost will be paid to the Contractor as compensation for admimstrative cost, supermtendence, and profit. 71.6. Law Enforcement. An additional 5% of the actual invoice cost will be paid as compensation for administrative costs, superintendence,and profit. 717 Railroad Flaggers An additional 5% of the actual invoice cost will be paid as compensation for administrative cost, superintendence, and profit. 71.8. Bond Cost. An additional 1% of the total compensation provided m Section 7, "Payment for Extra Work and Force Account Method,"will be paid for the increase in bond. 8. RETAINAGE The Owner will withhold retamage on the Contractor.The Contractor may withhold retamage on subcontractors in accordance with state and federal regulations. 9. PAYMENT PROVISIONS FOR SUBCONTRACTORS For the purposes of this article only, the term subcontractor includes suppliers and the term work includes materials provided by suppliers at a location approved by the Engineer These requirements apply to all tiers of subcontractors. Incorporate the provisions of this article into all subcontract or material purchase agreements. Pay subcontractors for work performed within 10 days after receiving payment for the work performed by the subcontractor Also, pay any retamage on a subcontractor's work within 10 days after satisfactory completion of all of the subcontractor's work. Completed subcontractor work mcludes vegetative establishment, test, maintenance, performance, and other similar periods that are the responsibility of the subcontractor For the purpose of this section, satisfactory completion is accomplished when. • the subcontractor has fulfilled the Contract requirements of both the Owner and the subcontract for the subcontracted work, including the submittal of all information required by the specifications and the Owner; and COP 11-2021 Item 9L 7 of 8 Paae 188 of 539 CITY OF PEARLAND SMITH RANCH ROAD EXPANSION LGPP MEASUREMENT AND PAYMENT PROJECT ■ the work done by the subcontractor has been inspected, approved, and paid by the Owner Provide a certification of prompt payment in accordance with the Owner's prompt payment procedure to certify that all subcontractors and suppliers were paid from the previous months payments and retamage was released for those whose work is complete. Submit the completed form each month and the month following the month when final acceptance occurred at the end of the project. The inspection and approval of a subcontractor's work does not eliminate the Contractor's responsibilities for all the work as defined m Item 7 17.,"Contractor's Responsibility for Work." The Owner may pursue actions against the Contractor, mcludmg withholding of estimates and suspending the work, for noncompliance with the subcontract requirements of this section upon receipt of written notice with sufficient details showmg the subcontractor has complied with contractual obligations. 10. FINAL PAYMENT When the Contract has been completed, all work has been approved, final acceptance has been made in accordance with Item 5 12, "Final Acceptance,"and Contractor submittals have been received,the Engineer will prepare a fmal estimate for payment showing the total quantity of work completed and the money owed the Contractor The final payment will reflect the entire sum due, less any sums previously paid. COP 11-2021 Item 9L 8 of 8 Paae 189 of 539 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT Section 00800 SPECIAL'CONDITIONS OF AGREEMENT The following Special Conditions modify the General Conditions,Document 00700 Where a portion of the General Conditions is modified or deleted by these Special Conditions,the unaltered portions of the General Conditions shall remain in effect. ARTICLE 1 DEFINITIONS AND INTERPRETATIONS 1 01 Add the following paragraph,to the end of Article 1 01 The OWNER'S representative on the project site is. telephone 281 652. The CONSTRUCTION MANAGER is. telephone The CONSTRUCTION INSPECTOR is. telephone ARTICLE 4 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4 05 Add the following paragraph.to Article 4 05 A Maintenance Bond in accordance with Document 00612 of the Project Manual is required for this Project. The cost of this bond shall be included m 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 m the bid and other sections of the Contract Documents includes a certain number of rain days. Based on the Alvin Weather Center Records,the average annual rain days from June 1898 to December 1996 is 40.days calculated from all precipitation days of record. The CONTRACTOR is required to keep a record of rain days at the site. The record of rain days must be accepted and signed by the City Inspector monthly,and shall be reported on the monthly pay estimate submittal. At the end of the contract, the CONTRACTOR will be credited only for the number of accepted ram 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 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. 06-2018 00800- 1 of 2 Page 190 of 539 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT It is the responsibility of the Contractor to coordinate with the Owner for all Traffic Control Documents.Contractor to coordinate with the Owner for procurement of Traffic Control Documents prior to permitting. Contractor is to keep a minimum of one lane open at all times,in both directions. No lane closures to extend beyond the defined work day Contractor Will be required to provide an on-site construction office for the duration of this project. END OF SECTION 06-2018 00800-2 of 2 Paae 191 of 539 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Section 00811-T WAGE SCALE FOR ENGINEERING CONSTRUCTION 1 01 In accordance with the Prevailing Wage law on Public Works (Article 2258 of the Texas Government Code), the public body awarding the contract does hereby specify the rates shown in Table 00811-A following to be the general prevailing rates in the locality in which the work is being performed. 1 02 This prevailing wage rate does not prohibit the payment of more than the rates stated. 1 03 The wage scale for engmeermg construction is to be applied to all site work greater than five(5) feet from an exterior wall of new buildmg under construction or from an exterior wall of an existing building. 10-2012 00811 - 1 of 1 Page 192 of 539 ,Texas De,i...rnent of Transportation - The wage rates listed herein are those predetermined by the Secretary of Labor and State.Statue and listed in the United States Department of Labor's(USDOL)General Decisions dated 01-05-2024 and are the minimum wages to be paid accordingly for each specified classification.To determine the applicable wage rate zone,a list entitled"TEXAS COUNTIES IDENTIFIED BY WAGE RATE ZONES"is provided in the contract. Any wage rate"that is not listed herein and not in the USDOL's general decision,must be requested by the contractor through the completion of an Additional Classification and Wage Rate Request and be submitted for approval.IMPORTANT NOTICE FOR STATE PROJECTS:only the controlling wage rate zone applies to the contract.Effective 01-05-2024. ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE CLASS.S CLASSIFICATION DESCRIPTION TX02 TX03 TX04 TX05 TX08 TX07 TX08 TX24 TX25 TX27 TX28 TX29 TX30 TX37 TX38 TX42 •(TX20240002)- •(TX20240003)- •(TX20240004) •(11(20240005) •(TX20240008) •(TX20240007) •(TX20240008) •(TX20240024) •(TX20240025) •(TX20240027) •(T7(20240028) •(TX20240029) 1TX20240030) •(TX20240037) •(TX20240038) •(TX20240042) i 1428 Agricultural Tractor Operator . $12.69 $12.35 $11.75 1300 Asphalt Distributor Operator $14.87 $13.48 $13.88 $15.72 $15.58 $15.55 $15.72 $13.28 $15.32 $15.62 $14.36 $14.25 $14.03 $13.75 $14.06 $14.40 1303 Asphalt Paving Machine Operator $13.40 $12.25 $12.35 $13.87 $14.05 $14.36 $14.20 $13.26 $13.99 $14.68 $12.92 $13.44 $12.53 $14.00 $14.32 $12.99 1106 Asphalt Raker $1228 $10.61 $12.02 $14.21 $11.65 $12.12 $11.64 $11.44 $12.69 $12.05 $11.34 $11.67 $11.40 $12.59 $12:36 $11.78 1112 Batching Plant Operator,Asphalt , 1115 .Batching Plant Operator,Concrete 1214 Blaster 1615 Boom Truck Operator $18.36 1444 .,Boring Machine Operator 1305 Broom or Sweeper Operator $11.21 $10.33 $10.08 $11.99 $11.04 $11.62 $11.74 $11.41 $10.30 $10.23 $10.60 $12.68 $11.05 1144 Communications Cable Installer l.oncrete rlmsner,Paving ano 1124 Structures $13.55 $12A6 $13.16 $12.85 $12.64 $12.56 $12.77 $12.44 $14.12 $13.04 $13.38 $12.64 $12.80 $12.79 $12.98 $13.32 Loncrete pavement limning 1318 'Machine Operator $16.05 $15.48 $16.05 $19.31 $13.07 Concrete Paving,ourmg,Float, - --- ---- - --- - . - --- 1315 Texturing Machine Operator $16.34 $11.71 1333 Concrete Saw Operator $14.67 $14.48 $17.33 $13.99 1399 Concrete/Gunite Pump Operator L.mane uperamr nymamu.ou Lana 1344 or less $18.22 $18.36 $18.12 $18.04 $20.21 $18.63 $13.86 crane operator,riyarauuc over 1345 80 Tons urane operator,Lattice boom nu 1342 Tons or Less $16.82 $14.39 $13.85 $17.27 $15.87 $17.27 $14.67 $16.42 $14.97 $13.87 urane operator,Lattice boom over 1343 •80 Tons $20.52 $19.38 $20.52 $17 49 $25.13 $15.80 1306 Crawler Tractor Operator $13.96 $16.63 $13.62 $14.26 $15.67 $14.07 $13.15 $13.38 $14.60 $13.68 $13.50 1351 Crusher or Screen Plant Operator 7 1446 Directional Drilling Locator $11.67 1445 Directional Drilling Operator $20.32 $17.24 1139 Electrician $20.96 $19.87 $19.80 $26.35 $20.27 $19.80 $20.92 $2711 $19.87 'excavator operator,ou,uuu 1347 pounds or less $13.46 $12.56 $13.67 $1719 $12.88 $14.38 $13.49 $1719 $13.88 $14.09 $12.71 $14.42 excavator operator,over au,uuu . 1348 pounds $15.23 $13.52 $17.04 $17.71 $16.99 $18.80 $16.22 $14.53 $13.52 1150 Flagger $9.30 $9.10 $8.50 $10.28 $8.81 $9.45 $8.70 $10.06 $9.71 $9.03 $8.81 $9.08 $9.90 $10.33 $8.10 1151 Form Builder/Setter,Structures $13.52 $12.30 $13.38 $12.91 $12.71 $12.87 $12.38 $12.26 $13.84 $12.98 $13.07 $13.61 $12.82 $14.73 $12.23 $12.25 1160 Form Setter,Paving&Curb $12.36 $12.16 $13.93- $11.83 $10.71 $12.94 $13.16 $12.54 $11.33 $10.69 $13.33 $12.34 $13.93 'rounoation urns operator,L.rawler 1360 Mounted $17.99 $17.99 $1743 rounaation unn operator, 1363 'Truck Mounted $16.86 $22.05 $21.51 $16.93 $21.07 $20.20 $20.76 $17.54 $21.39 $15.89 $22.05 Front end Loaner operator, 1369 •3 CY or Less $12.28 $13.49 . $13A0 $13.85 $13.04 $13.15 $13.29 $13.89 $12.64 $12.89 $13.51 $13.32 $12.17 Front tna Loaner operator, 1372 Over3CY $12.77 $13.69 $12.33 $14.96 $13.21 $12.86 $13.57 $14.72 $13.75 $12.32 $13.19 $13.17 $13.02 1329 Joint Sealer 1172 Laborer,Common $10.30 $9.88 $10.08 $10.51.-- $10.71 $10.50 $10.24 $10.58 $10.72 $10.45 $10.30 $10.25 $10.03 $10.54 $11.02 $10.15 1175 Laborer,Utility $11.80 $11.53 $12.70 $12.17, $11.81 $12.27 $12.11 $11.33 $12.32 $11.80 $11.53 $11.23 $11.50 $11.95 $11.73 $12.37 1346 Loader/Backhoe Operator $14.18 $12.77 $12.97 $15.68 $14.12 $15.18 $13.58 $12.87 $13.21 $14.13 $14.29 $12.90 1187 Mechanic $20.14 $15.47 $1747 $17.74 $17.00 $1710 $17.68 $18.94 $18.58 $17.00 $16.61 $18.46 $16.96 $1747 I ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE CLASS.# CLASSIFICATION DESCRIPTION TX02 TX03 TX04 TX05 TXOB TX07 TX08 TX24 TX25 TX27 TX28 TX29 TX30 TX37 TX38 TX42 '(TX20240002) •(TX20240003) •(TX20240004) '(TX20240005)1TX20240008) •(TX20240007) •(TX20240008) •(TX20240024) •(TX20240025) •(TX20240027) •(TX20240028) '(TX20240029) •(TX20240030) •(TX20240037) •(1X20240038) •(1X20240042) 1380 Milling Machine Operator $15.54 $14.64 $12.22 $14.29 $14.18 $14.32 $14.35 $12.86 $14.75 $13.53 $12.80 motor Bracer operator, - 1390 Fine Grade $1749 $18.52 $16.88 $1712 $18.37 $18.51 $16.69 $16.13 $1719 $18.35 $17.07 $17.74 $1747 $17.08 $15.69 $20.01 1393 Motor Grader Operator,Rough $16.15 $14.62 $15.83 $16.20 $17.07 $14.63 $18.50 $18.02 $16.44 $15.12 $16.85 $14.47 $17.39 $14.23 $15.53 1413 Off Road Hauler $10.08 $12.26• $11.88 $12.25 $12.23 $13.00 $14.60 - 1196 Painter,Structures $21.29 $16.34 $21.29 $18.62 Pavement mark8lg macnle 1396 Operator $16.42 $13.10 $13.55 $19.17 $12.01 $13.63 $14.60 $13.17 $16.65 -$10.54 $11 18 $13.10 1443 Percussion or Rotary Drill Operator 1202 Piledriver $14.95 1205 Pipelayer $11.87 $14.64 $13.17 $11.17 $12.79 $11.37 $13.24 $12.66 $13.24 $11.17 $11.67 $12.12 $14.64 1384 Reclaimer/PulverizerOperator $12.85 $11.90 $12.88 $11.01 $10.46 1500 Reinforcing Steel Worker - $13.50 $14.07 $17.53 $16.17 $14.00 $16.18 $12.74 $15.83 $17 10 $15.15 $17.72 1402 Roller Operator,Asphalt $10.95 $11.96 $13.29 $12.78 $11.61 $13.08 $12.36 $11.68 $11.71 $11.95 $11.50 1405 Roller Operator;Other $10.36 $10.44 . $11.82 $10.50 $11.64 $11.51 $10.59 $10.30 $12.04 $12.85. $11.57 $10.66 1411 Scraper Operator $10.61 $11.07 $10.85 $12.88 $12.27 $11 12 $12.96 $11.88 $12.43 $11.22 $13.95 $13.47 $10.89 1417 Self-Propelled Hammer Operator 1194 Servicer $13.98 $12.34 $14.11 $14.74 $14.51 $15.56 $13.44 $14.58 $14.31 $13.83 $12.43 $13.72 $13.97 $14.11 1513 Sign Erector blurry beat or micro-burtaang 1708 Machine Operator 1341 Small Slipform Machine Operator . $15.96 1515 Spreader Box Operator $12.60 $13.12 $14.71 $14.04 $14.73 $13.84 $13.68 $13.45 $11.83 _ $13.58 $14.05 1705 Structural Steel Welder $12.85 r 1509 Structural Steel Worker $19.29 $14.39 1339 Subgrade Trimmer 1143 Telecommunication Technician 1145 Traffic Signal/Light Pole Worker $16.00 I rencning machine operator, 1440 Heavy $18.48 . I rencnmg machine operator, 1437 Light 1809 Truck Driver Lowboy-Float $14.46 $13.63 $13.41 $15.00 $15.93 $15.66 - $16.24 $18.39 $14.30 $16.62 $15.63 $14.28 $16.03 $13.41 1612 Truck Driver Transit-Mix $14.14 $14.14 1600 Truck Driver,Single Axle $12.74 $10.82 $10.75 . $13.04 $11.61 $11.79 $13.53 $13.16 $12.31 $13.40 $10.30 $11.61 $11.97 $11.46 $10.75 t nick unver burgle or I anuem Axle ' 1606 Dump Truck $11.33 $14.53 $11.95 $12.95 $11.68 $14.06 $12.62 $11.45 $12.28 $13.08 $11.66 $11.48 $11.10 t ruck unver,I anoem Axle tractor. 1607 withSemi Trailer $12.49 $12.12 $12.50 $13.42 $12.81 $13.16 $12.86 $16.22 $12.50 $13.80 $12.27 $12.50 tunneling macnine operator, 1441 Heavy , 1442 Tunneling Machine Operator,Light - , 1706 Welder $14.02 $14.86 $15.97 $13.74 $14.84 $13.78 1520 Work Zone Barricade Servicer $10.30 $12.88 $11.46 $11.70 $11.57 $11.85 $10.77 $11.68 $12.20 $11.22 $11.51 $12.96 $10.54 $11.67 $11.76 Notes: *Represents the USDOL wage decision. Any worker employed on this project shall be paid at the rate of one and one half(1-1/2)times the regular rate for every hour worked in excess of forty(40)hours per week. For reference,the titles and descriptions for the classifications listed here are detailed further in the AGC of Texas'Standard Job Classifications and Descriptions for Highway,Heavy, Utilities,and Industrial Construction in Texas posted on the AGC's Web site for any contractor. TEXAS COUNTIES IDENTIFIED BY WAGE RATE ZONES. 2, 3,4, 5, 6,7, 8,24,25,27,28, 29, 30, 37, 38, 42 County Name Zone County Name Zone County Name Zone County Name Zone Anderson 28 Donley 37 Kames 27 Reagan 37 Andrews 37 Duval 30 Kaufman 25 Real 37 Angelina 28 Eastland 37 Kendall 7 Red River 28 Aransas 29 Ector 2 Kenedy 30 Reeves 8 Archer 25 Edwards 8 Kent 37 Refugio 27 Armstrong 2 El Paso 24 Kerr 27 Roberts 37 Atascosa 7 Ellis 25 Kimble 37 Robertson 7 Austin 38 Erath 28 King 37 Rockwall 25 Bailey 37 Falls 28 Kinney 8 Runnels 37 Bandera 7 Fannin 28 Kleberg 27 Rusk 4 Bastrop 7 Fayette 27 Knox 37 Sabine 28 Baylor 37 Fisher 37 Lamar 28 San Augustine 28 Bee 27 Floyd 37 Lamb 37 San Jacinto 38 Bell 7 Foard 37 Lampasas 7 San Patricio 29 Bexar 7 Fort Bend 38 LaSalle 30 San Saba 37 Blanco 27 Franklin 28 Lavaca 27 Schleicher 37 Borden 37 Freestone ! 28 Lee 27 Scurry 37 Bosque 28 Frio 27 Leon 28 Shackelford 37 Bowie 4 Gaines 37 Liberty 38 Shelby 28 Brazoria 38 Galveston 38 Limestone 28 Sherman 37 Brazos 7 Garza 37 Lipscomb 37 Smith 4 Brewster 8 Gillespie 27 Live Oak 27 Somervell 28 Briscoe 37 Glasscock 37 Llano 27 Starr 30 Brooks 30 Goliad 29 Loving 37 Stephens 37 Brown 37 Gonzales 27 Lubbock 2 Sterling 37 Burleson 7 Gray 37 Lynn 37 Stonewall 37 Bumet 27 Grayson 25 Madison 28 Sutton 8 Caldwell 7 Gregg 4 Marion 28 Swisher 37 Calhoun 29 Grimes 28 Martin 37 Tarrant 25 Callahan 25 Guadalupe 7 Mason 27 Taylor 2 Cameron 3 Hale 37 Matagorda 27 Terrell 8 Camp 28 Hall I 37 Maverick 30 Terry 37 Carson 2 Hamilton 28 McCulloch 37 Throckmorton 37 Cass 28 Hansford 37 McLennan 7 Titus 28 Castro 37 Hardeman 37 McMullen 30 Tom Green 2 Chambers 38 Hardin 38 Medina 7 Travis 7 Cherokee 28 Harris 38 Menard 37 Trinity 28 Childress 37 Harrison 42 Midland 2 Tyler' 28 Clay 25 Hartley 37 Milam 28 Upshur 4 Cochran 37 Haskell 37 Mills 37 Upton 37 Coke 37 Hays 7 Mitchell 37 Uvalde 30 Coleman 37 Hemphill 37 Montague 37 Val Verde 8 Collin 25 Henderson 28 Montgomery 38 Van Zandt 28 Collingsworth 37 Hidalgo 3 Moore 37 Victoria 6 Colorado 27 Hill 28 Morris 28 Walker 28 Comal 7 Hockley 37 Motley 37 Waller 38 Comanche 37 Hood 28 Nacogdoches 28 Ward 37 Concho 37 Hopkins 28 Navarro 28 Washington 28 Cooke 37 Houston 28 Newton 28 Webb 3 Coryell' 7 Howard 37 Nolan 37 Wharton 27 Cottle 37 Hudspeth 8 Nueces 29 Wheeler 37 Crane 37 Hunt 25 Ochiltree 37 Wichita 5 Crockett 8 Hutchinson 37 Oldham 37 Wilbarger 37 Crosby 2 Ilion 2 Orange 38 Willacy 30. Culberson 8 Jack 28 Palo Pinto 28 Williamson 7 Dallam 37 Jackson 27 Panola 28 Wilson 7 Dallas 25 Jasper 28 Parker 25 Winkler 37 Dawson 37 Jeff Davis 8 Parmer 37 Wise 25 Deaf Smith 37 Jefferson 38 Pecos 8 Wood 28 Delta 25 Jim Hogg 30 Polk 28 Yoakum 37 Denton 25 Jim Wells 27 Potter 2 Young 37 DeWitt 27 Johnson 25 Presidio 8 Zapata 30 Dickens 37 Jones 25 Rains 28 Zavala 30 Dimmit 30 Randall 2 01/05/2024 CITY OFPEARLAND TXDOT LGPP REQUIREMENTS Section 00850-T TXDOT LOCALGOVERNMENT PROJECT PROCEDURES REQUIREMENTS In addition to the City of Pearland standard contract documents, the following documents are required for projects receiving reimbursement from the U S Department of Transportation Federal Highway Commission and/or the Texas Department of Transportation. FHWA-1273 Required Contract Provisions (12 pages) Bidder Certification(1 page) Buy America Provision(2 pages) Buy America—Material Statement(1 page) Child Support Statement(1 page) Child Support Busmess Ownership Form(1 page) Contractor Acknowledgment of Stormwater Management Program(1 page) Contractor's Assurance (1 page) Debarment Certification&Instructions (3 pages) Differing Site Conditions (1 page) Disadvantaged Busmess Enterpnse Requirements (1page) DBE Commitment Agreement Form(1 page) DBE Material& Supplier Commitment Agreement Form(2 pages) DBE Substitution Request Form(1 page) DBE Commercially Useful Function(Project Site Review(7 pages) DBE Trucking Credit Worksheet(1 page) DBE Good Faith Effort—Prime Contractor(3 pages) DBE Monthly Progress Report(1 page) DBE/SBE Prompt Payment Certification(1 page) DBE Prime Contractor Payments to Non-DBE Subcontractors(1 page) DBE Final Report(1 page) Equipment Rental Rates (2 pages) Lobbying Certification Forms (2 pages) Non-Collusion Statement(2 pages) Payroll Verification Information(1 page) Prison Produced Materials Provision(1 page) Railroad Insurance Provision(when work is m Railroad ROW) (2 pages) SBE Monthly Progress Report(1 page) TxDOT Certificate of Insurance—Form 1560 (2 pages) 09-2018 00850-T-1 of 56 Pape 196 of 539 FHWA-1273-- Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General 3. A breach of any of the stipulations contained in these II. Nondiscrimination Required Contract Provisions may be sufficient grounds for III. Nonsegregated Facilities withholding of progress payments,withholding of final IV Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debarment V Contract Work Hours and Safety Standards Act I or any other action determined to be appropriate by the Provisions contracting agency and FHWA. VI. Subletting or Assigning the Contract VII Safety Accident Prevention 4. Selection of Labor During the performance of this contract, VII I. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid Pollution Control Act j highway unless it is labor performed by convicts who are on X. Compliance with Governmentwide Suspension and parole,supervised release,or probation.The term Federal-aid Debarment Requirements highway does not include roadways functionally classified as Xl. Certification Regarding Use of Contract Funds for local roads or rural minor collectors. Lobbying ATTACHMENTS II. NONDISCRIMINATION A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply,engineering,or architectural service contracts. I. GENERAL I In addition,the contractor and all subcontractors must comply 1 Form FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR60, construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related subcontract and further require its inclusion in all lowertier regulations including 49 CFR Parts 21,26 and 27 and 23 CFR subcontracts(excluding purchase orders,rental agreements Parts 200,230,and 633. and other agreements for supplies or services). The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- incorporated by reference for work done under any purchase 1 4(b)and,for all construction contracts exceeding$10,000, order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3. subcontractor,lower-tier subcontractor or serviceprovider Note:The U.S.Department of Labor has exclusive authority to Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29 subcontracts(excluding subcontracts for design services, CFR 1625-1627 The contracting agency and the FHWA have purchase orders,rental agreements and other agreementsfor the authority and the responsibility to ensure compliance with supplies or services).The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as for compliance by any subcontractor,lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of or service provider 1964,as amended,and related regulations including 49 CFR Parts 21 26 and 27,and 23 CFR Parts 200,230,and 633. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S. referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements. subcontracts(excluding purchase orders,rental agreements and other agreements for supplies or services related to a 1.Equal Employment Opportunity'Equal employment construction contract). opportunity(EEO)requirements not to discriminate and totake affirmative action to assure equal opportunity as set forth 2. Subject to the applicability criteria noted in thefollowing under laws,executive orders,rules,regulations(28 CFR 35, sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) performed on the contract by the contractor's ownorganization and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23 immediate superintendence and to all work performed on the U.S.C. 140 shall constitute the EEO and specificaffirmative contract by piecework,station work,or by subcontract. action standards for the contractor's project activities under 09-2018 00850-T-2 of 56 1 Page 197 of 539 this contract.The provisions of the Americans with Disabilities 4.Recruitment:When advertising for employees,the Act of 1990(42 U.S.C.12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employeesthe 35 and 29 CFR 1630 are incorporated by reference inthis notation:"An Equal Opportunity Employer"All such contract.In the execution of this contract,the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO' which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid the Federal Govemment to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. j meet this requirement,the contractor will identify sources of potential minority group employees,and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor foremployment. consideration. "It is the policy of this Company to assure thatapplicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the national origin,age or disability Such action shall include: contractor is expected to observe the provisions of that employment,upgrading,demotion,or transfer;recruitmentor agreement to the extent that the system meets the contractor's recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where other forms of compensation;and selection for training, implementation of such an agreement has the effect of including apprenticeship,pre-apprenticeship,and/orlon-the- discriminating against minorities or women,or obligates the job training." contractor to do the same,such implementation violates Federal nondiscrimination provisions. 2. EEO Officer The contractor will designate and make known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants foremployment. administering and promoting an active EEO program and who Information and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees. so. 5.Personnel Actions:Wages,working conditions,and 3. Dissemination of Policy All members of the contractor's employee benefits shall be established and administered,and staff who are authorized to hire,supervise,promote,and personnel actions of every type,including hiring,upgrading, discharge employees,or who recommend such action;orwho promotion,transfer,demotion,layoff,and termination,shall be are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national cognizant of,and will implement,the contractor's EEOlpolicy origin,age or disability The following procedures shall be and contractual responsibilities to provide EEO in each grade followed: and classification of employment.To ensure that the above agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site a. Periodic meetings of supervisory-and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its implementation will be wages paid within each classification to determine any reviewed and explained.The meetings will be conducted by evidence of discriminatory wage practices. the EEO Officer c. The contractor will periodically review selected personnel b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer,covering discrimination.Where evidence is found,the contractor will all major aspects of the contractor's EEO obligations within promptly take corrective action.If the review indicates that the thirty days following their reporting for duty with the contractor discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection women. with its obligations under this contract,will attempt to resolve such complaints,and will take appropriate corrective action d. Notices and posters setting forth the contractor's EEO within a reasonable time.If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than thecomplainant, applicants for employment and potential employees. such corrective action shall include such other persons. Upon completion of each investigation,the contractor will inform e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal. implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or 6.Training and Promotion: other appropriate means. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are 09-2018 00850-T-3 of 56 2 Paae 198 of 539 applicants for employment or current employees.Such efforts with the requirements for and comply with the Americans with should be aimed at developing full joumey level status Disabilities Act and all rules,and regulations established there employees in the type of trade or job classification involved. under Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractor's work force requirements undue hardship. and as permissible under Federal and State regulations,the contractor shall make full use of training programs,Le!, 9.Selection of Subcontractors,Procurement of Materials apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not geographical area of contract performance.In the event a discriminate on the grounds of race,color,religion,sex, special provision for training is provided under this contract, national origin,age or disability in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and special provision.The contracting agency may reserve leases of equipment.The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the in accordance with 23 U.S.0 140(a). administration of this contract. c. The contractor will advise employees and applicentsfor a. The contractor shall notify all potential subcontractors and employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each. I contract. d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees to apply for such training and promotion. 10. Assurance Required by 49 CFR 26.13(b): 7 Unions:If the contractor relies in whole or in part upon unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to, DOT's U.S.DOT-approved DBE program are incorporated by increase opportunities for minorities and women.Actions by reference. the contractor,either directly or through a contractor's 1 association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on forth below the basis of race,color,national origin,or sex in the performance of this contract.The contractor shall carryout a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts.Failure by the toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this so that they may qualify for higher paying employment' contract or such other remedy as the contracting agency deems appropriate. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end thatsuch 11.Records and Reports:The contractor shall keep such union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO regard to their race,color,religion,sex,national origin,age or requirements.Such records shall be retained for a period of disability three years following the date of the final payment to the contractor for all contract work and shall be available at c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall documentthe information to the contractor,the contractor shall so certifyto following: the contracting agency and shall set forth what efforts have been made to obtain such information. (1)The number and work hours of minority and non- minority group members and women employed in each work d. In the event the union is unable to provide the contractor classification on the project; with a reasonable flow of referrals within the time limit setforth in the collective bargaining agreement,the contractorwill, (2)The progress and efforts being made in cooperation through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment vacancies without regard to race,color,religion,sex,national opportunities for minorities and women;and origin,age or disability;making full efforts to obtain qualified and/or qualifiable minorities and women.The failure of a union (3)The progress and efforts being made in locating,hiring, to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women; provide exclusive referrals under the terms of a collective bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work special provisions,such contractor shall immediately notifythe classification required by the contract work.This information is contracting agency to be reported on Form FHWA-1391 The staffing data should represent the project work force on board in all or any part of 8. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July If on-the-job Employees with Disabilities:The contractor must befamiliar training is being required by special provision,the contractor 09-2018 00850-T-4 of 56 3 Pate 199 of 539 will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs July which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or contracts and to all related construction subcontractsof mechanics performing work in more than one classification $10,000 or more. may be compensated at the rate specified for each classification for the time actually worked therein:Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race,color,religion,sex,or national origiacannot The wage determination(including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this use by written or oral policies nor tolerate such use by' section)and the Davis-Bacon poster(WH-1321)shall be employee custom.The contractor's obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible placewhere services at any location,under the contractor's control,where it can be easily seen by the workers. the facilities are segregated.The term"facilities"includes waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of time clocks,restrooms,washrooms,locker rooms,and other laborers or mechanics,including helpers,which is not listed in storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage provided for employees.The contractor shall provide separate determination.The contracting officer shall approve an or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criteria have been met: IV DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification requested is not performed by a classification in thewage This section is applicable to all Federal-aid construction determination;and projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area bythe requirements apply to all projects,located within the right-of- construction industry;and way of a roadway that is functionally classified as Federal-aid highway This excludes roadways functionally classified as local roads or rural minor collectors,which are exempt! (iii)The proposed wage rate,including any bona fide Contracting agencies may elect to apply these requirements to fringe benefits,bears a reasonable relationship to the other projects. wage rates contained in the wage determination. The following provisions are from the U.S.Department of (2)If the contractor and the laborers and mechanics to be Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification(if known),or their related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the 1273 format and FHWA program requirements. classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the 1 Minimum wages Administrator of the Wage and Hour Division,Employment Standards Administration,U.S.Department of Labor, a. All laborers and mechanics employed or working upon Washington,DC 20210.The Administrator or an authorized the site of the work,will be paid unconditionally and nth less representative,will approve,modify,or disapprove every often than once a week,and without subsequent deduction or additional classification action within 30 days of receiptand rebate on any account(except such payroll deductions as are so advise the contracting officer or will notify the contracting permitted by regulations issued by the Secretary of Labor officer within the 30-day period that additional time is under the Copeland Act(29 CFR part 3)),the full amount of necessary wages and bona tide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made apart and the contracting officer do not agree on the proposed hereof,regardless of any contractual relationship which may classification and wage rate(including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the and mechanics. contracting officer shall refer the questions,including the views of all interested parties and the recommendation ofthe Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administratorfor fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or 09-2018 00850-T-5 of 56 4 Paae 200 of 539 will notify the contracting officer within the 30-day p riod that Bacon Act,the contractor shall maintain records which show additional time is necessary that.the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,and that the (4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the appropriate)determined pursuant to paragraphs 1.b.(2)or laborers or mechanics affected,and records which showthe costs anticipated or the actual cost incurred in providing such 1.b.(3)of this section,shall be paid to all workers performing benefits.Contractors employing apprentices or trainees under work in the classification under this contract from the first approved programs shall maintain written evidence of the day on which work is performed in the classification: registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to equivalent thereof. the contracting agency The payrolls submitted shall set out accurately and completely all of the information required to be d.If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social other third person,the contractor may consider as part ofthe security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals.Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee under a plan or program,Provided,That the Secretary of e.g.,the last four digits of the employee's social security Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act Nave submitted in any form desired.Optional Form WH-347 is been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site athttp://www.dol.gov/esa/whd/forms/wh347instr.htm obligations under the plan or program. j or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 2. Withholding Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an Department of Labor,withhold or cause to be withheld from the investigation or audit of compliance with prevailing wage contractor under this contract,or any other Federal contract requirements.It is not a violation of this section for a prime with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addressesand assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a including apprentices,trainees,and helpers,employed by the "Statement of Compliance,"signed by the contractor or contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the required by the contract.In the event of failure to pay any payment of the persons employed under the contract and shall laborer or mechanic,including any apprentice,trainee;or certify the following: helper,employed or working on the site of the work,all or part of the wages required by the contract,the contracting agency may,after written notice to the contractor,take such action as (i)That the payroll for the payroll period contains the may be necessary to cause the suspension of anyfurther information required to be provided under§5.5(a)(3)(ii)of payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and 3. Payrolls and basic records complete; a. Payrolls and basic records relating thereto shall be (ii)That each laborer or mechanic(including each helper,apprentice,and trainee)employed on the contract maintained by the contractor during the course of the work and during the payroll period has been paid the full weekly preserved for a period of three years thereafter for all laborers wages earned,without rebate,either directly or indirectly and mechanics working at the site of the work.Such records shall contain the name,address,and social security numberof and that no deductions have been made either directly or egul each such worker,his or her correct classification,hourly rates indirectly from the full wages earned, than of wages paid(including rates of contributions or costs permissible deductions as set forth in Regulations,29 CFR anticipated for bona fide fringe benefits or cash equivalents part 3; thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed, the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination any costs reasonably anticipated in providing benefits under a incorporated into the contract. plan or program described in section 1(b)(2)(B)of the Davis- 09-2018 00850-T-6 of 56 5 Page 201 of 539 (3)The weekly submission of a properly executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program.If the "Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable (4)The falsification of any of the above certifications may classification.If the Administrator determines that a different subject the contractor or subcontractor to civil or criminal practice prevails for the applicable with thticeclassifi anon., prosecution under section 1001 of title 18 and secti n 231 of fringes shall be paid in accordance with thatdetermination. title 31 of the United States Code. In the event the Office of Apprenticeship Training,Employer c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency recognized by the Office,withdraws approval of an required under paragraph.3.a.of this section available for apprenticeship program,the contractor will no longer be inspection,copying,or transcription by authorized Ipermitted to utilize apprentices at less than the applicable representatives of the contracting agency,the State DOT,the predetermined rate for the work performed until an acceptable FHWA,or the Department of Labor,and shall permit such program is approved. representatives to interview employees during working hours on the job.If the contractor or subcontractor fails to submitthe required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL). after written notice to the contractor,the contracting agencyor the State DOT,take such action as may be necessary;to Except as provided in 29 CFR 5.16,trainees will not be cause the suspension of any further payment,advance,or guarantee of funds.Furthermore,failure to submit the'required permitted to work at less than the predetermined rate forthe records upon request or to make such records available may work performed unless they are employed pursuant to and be grounds for debarment action pursuant to 29 CFR 5.12. individually registered in a program which has received prior approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training 4. Apprentices and trainees Administration. a.Apprentices(programs of the USDOL). The ratio of trainees to joumeymen on the job site shall not be greater than permitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bonafide Every trainee must be paid at not less than the rate specifiedin apprenticeship program registered with the U.S.Departmentof the approved program for the trainee's level of progress, Labor,Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training,Employer and Labor Services,orwith specified in the applicable wage determination.Trainees shall a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program.If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits;trainees shall be paid the full amount offringe program,who is not individually registered in the program,but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training, Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee The allowable ratio of apprentices to journeymen on the job rate who is not registered and participating in a training plan site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wage the registered program.Any worker listed on a payroll at an determination for the classification of work actually performed. apprentice wage rate,who is not registered or otherwise In addition,any trainee performing work on the job site in employed as stated above,shall be paid not less than the excess of the ratio permitted under the registered program applicable wage rate on the wage determination for the shall be paid not less than the applicable wage rate on the classification of work actually performed.In addition,any wage determination for the work actually performed. apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the performing construction on a project in a locality other than applicable predetermined rate for the work performed until an that in which its program is registered,the ratios and wage acceptable program is approved. rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered c.Equal employment opportunity The utilization of program shall be observed. apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29 specified in the registered program for the apprentice's level of CFR part 30. progress,expressed as a percentage of the journeymen hourly 09-2018 00850-T-7 of 56 6 Page 202 of 539 d. Apprentices and Trainees(programs of the U.S.DOT). Apprentices and trainees working under apprenticeship and V CONTRACT WORK HOURS AND SAFETY STANDARDS ACT skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are nbt The following clauses apply to any Federal-aid construction subject to the requirements of paragraph 4 of this Section IV contract in an amount in excess of$100,000 and subject to the The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety trainees under such programs will be established by the Standards Act.These clauses shall be inserted in addition to particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics the particular program. include watchmen and guards. 5.Compliance with Copeland Act requirements.The 1 Overtime requirements.No contractor or subcontractor contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require 3,which are incorporated by reference in this contract or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any 6.Subcontracts.The contractor or subcontractor shall insert workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such Form FHWA-1273 in any subcontracts and also require the laborer or mechanic receives compensation at a rate not less subcontractors to include Form FHWA-1273 in any lowertier than one and one-half times the basic rate of pay for all hours subcontracts.The prime contractor shall be responsible forthe worked in excess of forty hours in such workweek. compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 2.Violation;liability for unpaid wages; liquidated 7 Contract termination:debarment. A breach of the damages. In the event of any violation of the clause set forth contract clauses in 29 CFR 5.5 may be grounds forterinination in paragraph(1 )of this section,the contractor and any of the contract,and for debarment as a contractor and'a subcontractor responsible therefor shall be liable for the subcontractor as provided in 29 CFR 5.12. unpaid wages.In addition,such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such 8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such requirements.All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic,including watchmen and are herein incorporated by reference in this contract. ; guards,employed in violation of the clause set forth in paragraph(1 )of this section,in the sum of$10 for each 9.Disputes concerning labor standards.Disputes arising calendar day on which such individual was required or out. of the labor nce ning provisionsrtan af this Disputes contractarising shall not permitted to work in excess of the standard workweek of forty be subject to the general disputes clause of this contract.Such hours without payment of the overtime wages required by the disputes shall be resolved in accordance with the procedures clause set forth in paragraph(1 )of this section. of the Department of Labor set forth in 29 CFR parts 5,6,and 7 Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages. between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the employees or their representatives. Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the 10.Certification ofeli ibili contractor or subcontractor under any such contract or any eligibility. I other Federal contract with the same prime contractor,orany other federally-assisted contract subject to the Contract Work a.By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same neither it(nor he or she)nor any person or firm who has an prime contractor such sums as may be determined to be interest in the contractors firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this section. b.No part of this contract shall be subcontracted to anyperson or firm ineligible for award of a Government contract by virtue 4.Subcontracts.The contractor or subcontractor shall insert of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph(1 ) through(4)of this section and also a clause requiring the c.The penalty for making false statements is prescribed inthe subcontractors to include these clauses in any lower tier U.S.Criminal for 8 falseS.C. subcontracts.The prime contractor shall be responsible for compliance by any subcontractor or lower tiersubcontractor with the clauses set forth in paragraphs(1 )through(4.)ofthis section. 09-2018 00850-T-8 of 56 7 Page 203 of 539 evidenced in writing and that it contains all pertinent provisions VI.SUBLETTING OR ASSIGNING THE CONTRACT I and requirements of the prime contract. This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is contracts on the National Highway System. not applicable to design-build contracts;however,contracting agencies may establish their own self-performance 1 The contractor shall perform with its own organization requirements. contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items VII.SAFETY'ACCIDENT PREVENTION designated by the contracting agency Specialty items'maybe performed by subcontract and the amount of any such T h i s p r o v i s i o n is applicable to all Federal-aid specialty items performed may be deducted from the total construction contracts and to all related subcontracts. original contract price before computing the amount ot;work required to be performed by the contractor's own organization 1 In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal,State,and local laws governing safety health,and sanitation(23 CFR 635).The a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be without operators.Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to agents of the prime contractor,or any other assignees'. The protect property in connection with the performance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased ! 2. It is a condition of this contract,and shall be made a employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into contractor meets all of the following conditions: I pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance (1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions supervision of the day-to-day activities of the leased ' which are unsanitary,hazardous or dangerous to his/her employees; health or safety,as determined under construction safetyand (2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work (3)the prime contractor retains all power to acceptor Hours and Safety Standards Act(40 U.S.C.3704). exclude individual employees from work on the project;and (4)the prime contractor remains ultimately responsible for 3. Pursuant to 29 CFR 1926.3,it is a condition of this contract the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspector investigate the matter of compliance with the construction safety and health standards and to carry b."Specialty Items"shall be construed to be limited towork out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40 equipment not ordinarily available in the type of contracting U.S.C.3704). organizations qualified and expected to bid or proposeion the contract as a whole and in general are to be limited to minor components of the overall contract. VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2.The contract amount upon which the requirements!setforth in paragraph(1)of Section VI is computed includes the costof T h i s p r o v i s i o n i s applicable to all Federal-aid material and manufactured products which are to be construction contracts and to all relatedsubcontracts. purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 3.The contractor shall furnish(a)a competentsuperintendent degree of reliability on statements and representations made or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal- direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly, (regardless of who performs the work)and(b)such other of its and honestly as possible.Willful falsification,distortion,or own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the engineering services)as the contracting officer determines is project is a violation of Federal law To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts,Form FHWA-1022 shall be posted on each 4 No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer,or authorized representative,and such with the project: consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract.Written consent will be given only after the 18 U.S.C. 1020 reads as follows: contracting agency has assured that each subcontract is 09-2018 00850-T-9 of 56 8 Paae 204 of 539 "Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall States,,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification person,association,firm,or corporation,knowingly makes any set out below The certification or explanation will be false statement,false representation,or false report as to the considered in connection with the department or agency's character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction.However, be used,or the quantity or quality of the work performed orto failure of the prospective first tier participant to furnish a be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans,maps,specifications,contracts,orcosts from participation in this transaction. of construction on any highway or related project submitted for approval to the Secretary of Transportation;or c.The certification in this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement,false agency determined to enter into this transaction.If it is later representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered character,quality,quantity,or cost of any work performed orto an erroneous certification,in addition to other remedies be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. project approved by the Secretary of Transportation;or d.The prospective first tier participant shall provide Whoever knowingly makes any false statement or false immediate written notice to the contracting agency towhom representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective firsttier or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when Roads Act approved July 1,1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed and supplemented; circumstances. Shall be fined under this title or imprisoned not more'than 5 e.The terms"covered transaction,""debarred," years or both." "suspended,""ineligible,""participant,""person," "principal," and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200."First Tier Covered IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such as the prime or general contract)."Lower Tier Covered This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts)."First Tier Participant"refers to the participant who has entered into a By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract,or subcontract,as appropriate,the bidder,proposer, funds(such as the prime or general contractor)."Lower Tier Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a appropriate,will be deemed to have stipulated asfollows: covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). 1 That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting award due to a violation of Section 508 of the Clean WaterAct this proposal that,should the proposed covered transaction be or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier 2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred, included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from every subcontract,and further agrees to take such action as participation in this covered transaction,unless authorized by the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. such requirements. g.The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension,Ineligibility SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency,entering into this covered transaction,without modification,in all lower This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lowertier contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold. subcontracts,purchase orders,lease agreements,consultant contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is.erroneous.A participant is responsible for ensuring that its principals are not suspended, 1 Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered transactions.To verify the eligibility of its principals,as well as a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each first tier participant is providing the certification set out below participant may,but is not required to,check the Excluded Parties List System website(https://www.epls.00v/),which is b.The inability of a person to provide the certification set out compiled by the General Services Administration. below will not necessarily result in denial of participation in this 09-2018 00850-T-10 of 56 9 Page 205 of 539 i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to including suspension and/or debarment. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of j.Except for transactions authorized under paragraph(f)of changed circumstances. these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d.The terms"covered transaction, "debarred," person who is suspended,debarred,ineligible,or voluntarily "suspended,""ineligible,""participant,""person,""principal," excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause,are defined other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200 You may contact the person to department or agency may terminate this transaction forcause which this proposal is submitted for assistance in obtaining a or default. i copy of those regulations."First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant(such as the prime or general contract)."Lower Tier Covered Transactions" 2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts)."First Tier Participant" Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. The prospective first tier participant certifies to the bestof (such as the prime or general contractor)."Lower Tier its knowledge and belief,that it and its principals: Participant"refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower (1) Are not presently debarred,suspended,proposed for Tier Participants(such as subcontractors and suppliers). debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal e.The prospective lower tier participant agrees by department or agency; submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this a public(Federal,State or local)transaction or contractunder transaction originated. a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled statements,or receiving stolen property; "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," (3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding local)with commission of any of the offenses enumerated in the$25,000 threshold. paragraph(a)(2)of this certification;and g.A participant in a covered transaction may rely upon a (4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered application/proposal had one or more publictransactions transaction that is not debarred,suspended,ineligible,or (Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal.: transactions.To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each 2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded Parties List System website(https://www.epls.gov/),which is (Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause.The a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction i.Except for transactions authorized under paragraph e of was entered into.If it is later determined that the prospective these instructions,if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the 09-2018 00850-T-11 of 56 10 Paae 206 of 539 department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Participants: 1 The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency 2.Where the prospective lower tier participant is unable to , certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. Xl.CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed, $100,000(49 CFR 20). 1 The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: a.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,'or modification of any Federal contract,grant,loan,or cooperative agreement. b.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C.1352.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly 09-2018 00850-T- 12 of 56 11 Paae 207 of 539 ATTACHMENT A-EMPLOYMENT AND MATERIALS 6.The contractor shall include the provisions of Sections 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract forwork HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be,done as on-site work. ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1 During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,orthe Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b.For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessaryto assure an efficient execution of the contract work. c.For the obligation of the contractor to offer employmentto present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph(1c)shalOot exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers,mechanics and other employees required to perform the contract work,(b)the number of employees required in each classification,(c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form.The job order maybe placed with the State Employment Service in writing or by telephone.If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service.The contractor is not required to grant employment to any job applicants who,in his opinion,are not qualified to perform the classification of work required. 4 If,within one week following the placing of a job order by the contractor with the State Employment Service,theSState Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants.Such certificate shall be made a part of the contractor's permanent project records.Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered bythe certificate,notwithstanding the provisions of subparagraph(1 c) above. 5. The provisions of 23 CFR 633.207(e)allowthe contracting agency to provide a contractual preference forthe use of mineral resource materials native to the Appalachian region. 09-2018 00850-T-13 of 56 12 Paae 208 of 539 Bidder Certification By signing the proposal the bidder certifies. 1 the only persons or parties interested in this proposal are those named and the bidder has not directly or indirectly participated in collusion, entered into an agreement or otherwise taken any action in restraint of free competitive bidding m connection with the above captioned project. j 2. in the event of the award of a contract, the organization represented will secure bonds for the full amount of the contract. 3 the signatory represents and warrants that they are an authonzed signatory for the organization for which the bid is submitted and they have full and complete authority to submit this bid on behalf of their firm. 4 that the certifications and representations contained in the proposal are true and accurate and the bidder intends the proposal to be taken as a genuine government record. 09-2018 00850-T-14 of 56 Pace 209 of 539 Buy America General. Current regulations require the use of domestic steel and iron m federally funded highway construction. All steel and iron products must be of domestic origin. All manufacturing processes must take place domestically All foreign steel and iron matenals and products are covered by Buy America regulations regardless of the percentage they comprise m a manufactured product or the form they may take. The regulations allow bidders and the LG some latitude through minimum use, waivers and alternate bids. As previously mentioned, all manufactunng processes must take place domestically Manufacturing begins with the initial melting and mixing,and continues through the coating stage. Any process that modifies the chemical content, the physical size or shape, or the final finish is considered a manufactunng process. These processes include rolling, extruding, machining, bending, gnndmg, drilling and coating.,Coating mcludes epoxy coating, galvanizing,painting, or any other coating that protects or enhances the value of the material. Buy America does not apply to raw materials (iron ore and alloys), scrap,pig iron or processed, pelletized, and reduced iron ore. Insufficient domestic supplies of raw materials caused FHWA to issue a nationwide waiver allowing foreign source supplies of these items. The waiver may be found at the FHWA website (http.//www.fhwa.dot.gov/programadmm/contracts/032495 cfm). If domestically produced steel billets or iron ingots are shipped overseas for any manufacturing process, and then returned to the U S.,the resultmg product does not conform to the Buy America requirements. The manufacturing process for a steel/iron product is considered complete when the product is ready for use as an item (e.g., fencing, posts, girders, pipe, manhole cover, etc.) or could be incorporated as a component of a more complex product through a further manufactunngprocess (e.g., the case for a traffic signal head) The final assembly process does not need to be accomplished domestically so long as the steel/iron component is only installed and no manufacturmg process is performed on the steel/iron component. Example- Shapes produced domestically from foreign source steel billets are not acceptable under Buy America since the initial melting and mixing of alloys to create the steel occurred in a foreign country Example All welding must take place domestically since the welding rod itself is typically an iron/steel product and the welding process substantially alters therod. Buy America does not apply to minimal use of iron/steel materials provided that the total cost of all foreign source items used in the project, as delivered to the project site, is less than$2,500 or one-tenth-of-one-percent (1/10 of 1%) of the contract amount, whichever is greater. If a supplier or fabricator wishes to use a partial fabncation process where domestic and foreign source components are assembled at a domestic location, the "as delivered cost" of the foreign components should include any transportation, assembly and testing costs required to install them in the final product. 09-2018 00850-T-15 of 56 Paae 210 of 539 For the Buy America requirements to apply, the steel or iron product must be permanently incorporated into the project.Buy America does not apply to temporary steel items(e.g.temporary sheet piling,temporary bridges, steel scaffoldmg and falsework, etc.) Further,Buy America does not apply to materials that remain in place at the contractor's convenience The practice of making otherwise eligible items non-participatmg for the purpose of circumventing the Buy America requirements is unacceptable and will not be approved. There is no clear-cut rule for resolving an after-the-fact discovery of an inadvertent incorporation of an excess amount of foreign materials into a project.Each situation should be resolved on a case-by-case basis. FHWA retains the authority to resolve all Buy America issues. Buy Amenca provisions apply to all material mcorporated in a Federal-aid project,even if an item is rendered as a "donated matenal" in accordance with 23 U.S C 323 - Donations and Credits. While the LG may receive a credit for donated material,this matenal must generally comply with Buy America. Waivers. Approval authonty for waivers of Buy Amenca requirements is retained by FHWA for all federally funded projects. The FHWA may grant a waiver of the Buy America requirements for specific projects if the LG can demonstrate either of the following: 1 Compliance with the requirements is mconsistent with the public interest;or 2. Insufficient quantities of satisfactory quality domestic products are available Matenals delivery delay will not be considered as grounds for a waiver The cost differential between domestic and foreign products is also not grounds for a waiver An LG may apply for a waiver of the Buy America provisions if it believes that a waiver is warranted. The LG must submit the waiver request with supporting mformation through TxDOT to FHWA sufficiently in advance of need to allow time for proper review and action. Alternative Bidding Procedures. An alternative bidding procedure may be used to justify the use of foreign steel or iron. Under this procedure, the total project is bid using two alternatives. one which is based on foreign source products, and the second, using domestic products. The use of foreign products may be justified if the lowest total bid based on domestic steel or iron products is 25 percent more than the lowest bid using corresponding foreign steel or iron products. The 25 percent differential applies to the total bid for the entire project, not just the bids for the steel or iron products. Enforcement The LG is responsible for enforcmg the Buy America provisions. The contract provisions should require the contractor to provide a definitive statement about the origin of all products covered under the Buy America provisions. An alternate procedure is to use step certification for products. Under step certification, each handler of the product (supplier, fabricator, manufacturer, processor, etc.) certifies that his or her step m the process was domestically performed. 09-2018 00850-T-16 of 56 Paae 211 of 539 Material --itement DepartmT exas ant ofTansportaton Form 1818 Rev.08/12) (a.k.a.Form D-9-USA-1) Sheet of Supplier: County Address: Project: Control: Contract No. Contractor Purchase Quantity Mill Heat Material Required Documentation Order No. (Amt./Units) Material Description Name No. Use Spec. MTR Cert. This is to certify that the materials listed above and on the attached supplement(if attached)are in conformance with the governing specification(s).This is to also certify that all manufacturing processes for steel and iron materials or for the application of coatings(epoxy,galvanizing,painting or any other coating that protects or enhances the value of the steel or iron metal)to these materials occurred in the United States of America. Manufacturing processes are defined as all processes required to change the raw ore or scrap metal into the finished in-place steel or iron product.The attached mill test reports(MTRs)and Certifications(Cert.)are offered as proof of Domestic Origin. Subscribed and sworn to before me this day of I declare under penalty of perjury under the laws of the United States of America and the State of Texas that the foregoing is true and correct and that I am authorized to sign for the Firm listed below Notary Public (Authorized Corporate Official Signature) Date My Commission expires: , (Type Name and Title) (Firm Name) Page 212 of 539 Child Support Statement Under Section 231 006,Family Code,the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not mehgible to receive the specified grant, loan,or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. 09-2018 r 00850-T-18 of 56 Page 213 of 539 State of Texas Child Support Business Ownership Form County- Project Name TxDOT CSJ LG Project Number- Business Entity Submitting Bid Section 231 006, Family Code, requires a bid for a contract paid from state funds to include the names and social security number of individuals owning 25%or more of the business entity submitting the bid. 1 In the spaces below please provide the names and social security number of individuals owning 25%or more of the business. Name Social Security Number 2. Please check the box below if no individual owns 25% or more of the business. ( i No individual own 25% or more of the business. Except as provided by Section 231 302(d), Family Code, a social security number is confidential and may be disclosed only for the purpose of responding to a request for information from an agency operating under the provisions of Part A and D to Title IV of the Federal Social Security Act(42 USC Section 601-617 and 651-699). Under Section 231.006, Family Code,the vendor or applicant certifies that the individual or business entity named in this contract, bid,or application is not ineligible to receive the specified grant, loan,or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. The information collected on this form will be maintained by City of Pearland With few exceptions,you are entitled on request to be informed about the information collected about you. Under Sections 552.021 and 552.023 of the Texas Government Code,you also are entitled to receive and review the information. Under Section 559.004 of the Government Code,you are also entitled to have information about you corrected that you believe is incorrect. Signature Date Printed Name IF THIS PROJECT IS A JOINT VENTURE, ALL PARTIES TO THE JOINT VENTURE MUST PROVIDE A COMPLETED FORM 09-2018 00850-T-19 of 56 Page 214 of 539 Contractor Acknowledgement of Stormwater Management Program I hereby acknowledge that I am aware of the stormwater management program and standard operating procedures developed by OWNER in compliance with the TPDES General PermitNo. I agree to comply with all applicable best management practices and standard operating procedures while conducting my services for OWNER. I agree to conduct all services in a manner that does not introduce illicit discharges of pollutants to streets,stormwater inlets, drainage ditches or any portion of the drainage system.The following materials and/or pollutant sources must not be discharged to the drainage system as a result of any services provided: 1 Grass clippings,leaves,mulch,rocks,sand,dirt or other waste materials resulting from landscaping activities, (except those materials resulting from ditch mowing or maintenance activities) 2. Herbicides,pesticides and/or fertilizers, (except those intended for aquatic use) 3. Detergents,fuels,solvents, oils and/or lubricants,other equipment and/or vehicle fluids, 4 Other hazardous materials including paints,thinners,chemicals or related waste materials, 5. Uncontrolled dewatering discharges,equipment and/or vehicle wash waters, 6. Sanitary waste,trash,debris,or other waste products 7 Wastewater from wet saw machinery, 8. Other pollutants that degrade water quality or pose a threat to human health or the environment. Furthermore, I agree to notify OWNER immediately of any issue caused by or identified by (Company/Contractor) that is believed to be an immediate threat to human health or the environment. Contractor Signature Date Printed Name Title 09-2018 00850-T-20 of 56 Page 215 of 539 CONTRACTOR'S ASSURANCE (Subcontracts-Federal Aid Projects) The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. By signing this Bid, the contractor is giving assurances that all subcontract agreements will incorporate the Standard Specification and Special Provision to Section 9.9, "Payment Provisions for Subcontractors", all subcontract agreements exceeding $2,000 will incorporate the applicable 'Wage Determination Decision", and, all subcontract agreements of$10,000 or more will incorporate thefollowing: Special Provision "Certification of Nondiscrimination in Employment' Special Provision "Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity" (Executive Order 11246) Special Provision "Standard Federal Equal Employment Opportunity Construction Contract Specifications" (Executive Order 11246) Form FHWA 1273 "Required Contract Provisions Federal-aid Construction Contracts" (Form FHWA 1273 must also be physically attached to subcontracts and purchase orders of$10,000 or more) 09-2018 00850-T-21 of 56 Page 216 of 539 49 CFR Part 29 -Appendix A CERTIFICATION REGARDING DEBARMENT, SUSPENSION,AND OTHER RESPONSIBILITY MATTERS--PRIMARY COVERED TRANSACTIONS Instructions For Certification 1 By signing and submitting this proposal,the prospective primary participant is providing the certification set out below 2 The mability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction.The prospective participant shall submit an explanation of why it cannot provide the certification set out below The certification or explanation will be considered in connection with the department or agency's determination whether to enter mto this transaction.However,failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3 The certification m this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowmgly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or.default. 4 The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5 The terms coveredtransaction,debarred,suspended,ineligible,lowertier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause,have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549 You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6 The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9 4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 09-2018 00850-T-22 of 56 Page 217 of 539 7 The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction,without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8 A participant m a covered transaction may rely upon a certification of a prospective participant m a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9 4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals.Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. 9 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of busmess dealings. 10 Except for transactions authorized under paragraph 6 of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9 4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for cause or default. 09-2018 00850-T-23 of 56 Paae 218 of 539 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,AND OTHER RESPONSIBILITY MATTERS—PRIMARY COVERED TRANSACTIONS (1) The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals. (a) Are not presently debarred,suspended,proposed for debarment,declared mehgible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered agamst them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(Federal, State or local)transaction or contract under a public transaction,violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently mdicted for or otherwise crimmally or civilly charged by a governmental entity(Federal,State or local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification, (d) Have not within a three-year period preceding this application/proposal had one or more public transactions(Federal, State or local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. Signature/Authorized Certifymg Official Typed Name and Title Apphcant/Organization Date Signed 09-2018 00850-T-24 of 56 Page 219 of 539 Differing Site Conditions 23 U.S.C. 112(e) (1) General rule.—The Secretary shall issue regulations establishing and requiring,for inclusion in each contract entered into with respect to any project approved under section 106 of this title a contract clause, developed in accordance with guidelines established by the Secretary,which equitably addresses each of the followmg: (A) Site conditions. (B) Suspensions of work ordered by the State (other than a suspension of work caused by the fault of the contractor or by weather) (C)Material changes m the scope of work specified in the contract. The guidelines established by the Secretary shall not require arbitration. (2)Limitation on applicability.— (A)State law.—Paragraph(1)shall apply in a State except to the extent that such State adopts or has adopted by statute a formal procedure for the development of a contract clause described in paragraph(1) or adopts or has adopted a statute which does not permit inclusion of such a contract clause (B) Design-build contracts.— Paragraph (1) shall not apply to any design-build contract approved under subsection(b)(3). 09-2018 00850-T-25 of 56 Page 220 of 539 DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS Project: Highway City. County. CSJ No. The following goal for disadvantaged business enterprises is established: DBE 7.5 % Certification of DBE Goal Attainment By signing the.Bid, the Bidder certifies that the above DBE Goal will be met by obtaining commitments equal to or exceeding the DBE percentage or that the Bidder will provide a good faith effort to substitute the attempt to meet the goal. Failure to provide commitments to meet the stated goal or provide a satisfactory good faith effort will be considered a breach of the requirements of the Bid.As a result,the Bid guarantee of the Bidder will be property of OWNER and the Bidder will be excluded for rebidding on the project when it is re-advertised. CONTRACTOR By. Name: Title: Phone: 09-2018 00850-T-26 of 56 Paae 221 of 539 Disadvantaged Business Enterprise (DBE) Program FormSMS.4901 (Rev 06/08) rora, Commitment Agreement Form Page l of 1 min t'of7) Vaa This commitment is subject to the award and receipt of a signed contract from the Texas Department of Transportation for the subject project. Project#• County. Contract-CSJ Items of work to be performed (attach a list of work items if more room is required): Bid Item# Item Description Unit of Measure Unit Price Quantity Total Per Item Total The contractor certifies by signature on this agreement that subcontracts,will be executed between the prime contractor and the DBE subcontractors as listed on the agreement form. !fa DBE Subcontractor is unable to perform the work as listed on this agreement form,the prime contractor will follow the substitution/replacement approval process as outlined in the Contract DBE Special Provision IMPORTANT The signatures of the prime contractor and the DBE, and the total commitment amount must always be on the same page Prime Contractor Nameff itle(please print): Address: Signature: Phone: I Fax: E-mail. Date DBE. Nameffitle (please print): Vendor No.- Address: Signature: Phone: I Fax: E-mail: Date. Subcontractor(if the DBE will be a second tier sub)- Name/Title (please print): Address. Signature Phone: I Fax E-mail: Date: The Texas Department of Transportation maintains the information collected through this fonn.With few exceptions,you are entitled on request to be informed about the information that we collect about you.Under§§552.021 and 552.023 of the Texas Government Code,you also are entitled to receive and review the information.Under§559.004 of the Government Code,you are also entitled to have us correct information about you that is incorrect. To ensure prompt and efficient handling of your project file we arerequesting that all commitments to be presented to the Office of Civil Rights,using this basic format. 09-2018 00850-T-27 of 56 Pane 277 of S39 -_ Disadvantaged Business Enterprise (DBE) Program Form SMS,4901-M/S Material Supplier Commitment Agreement Form (Rev Page 01of2 Da armrt d Ramrrtr.mn This commitment is subject to the award and receipt of a signed contract from the Texas Department of Transportation for the subject project. Project it County Contract-CSJ Items of material to be supplied (attach a list if more room Is required): Bid Item# Item Description Unit of Measure Unit Price Quantity , Total Per Item Total Commitment Amount(including attachments): $ Manufacturer Goal Credit= 100% 1 Is the material to be supplied, modified, blended, quarried or fabricated by the DBE? Eyes ❑No If Yes, please explain in detail. If you answered Yes to Question 1 above, you do not need to answer the questions below Regular Dealer Goal Credit= 60% 1 Where is the DBE material supplier getting the materials? - Does the regular dealer have an established storage facility and inventory? Eyes ONO a Does the regular dealer stock the product for use on the project as a normal stock item? Eves ENO 4 If no, does the regular dealer stock like products and will there be special ordered material for this project? Eves ENO Regular Dealer Bulk-Item Goal Credit= 60% 1 Where does the material come from? 2 Does the DBE own and operate its distribution equipment? Eyes. ENO 3 Is the DBE supplementing its distribution equipment through a long term lease? Eyes ENO 4 Does the DBE operate the leased distribution equipment with its own workforce? Eves ❑No For goal credit, the supplementing of the DBE regular dealer's own distribution equipment through a transportation (or like) company is permitted. However, under this scenario the DBE must operate the distribution equipment with its own workforce Packagers, Brokers, Manufacturers'Representatives Goal Credit=Fees and Commission Does the DBE arrange or expedite transactions? Eves ❑No Paae 223 of 539 Form SMS.4901-M/S (Rev.01/17) Page 2 of 2 Total Commitment Amount(including attachments): $ IMPORTANT!The signatures of the Prime Contractor,DBE, and the total commitment amount must always be on the same page. Prime Contractor Name/Title(please print): Address: Signature: Phone: Fax: E-mail: Date: DBE: L Name/Title(please print): Vendor#- Address: Signature: Phone: Fax: E-mail: Date: Subcontractor(if the DBE will be a second tier sub) Name/Title(please print): Address: Signature: Phone: Fax: E-mail: Date: ie Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request, to be 'armed about the information that is collected about you.Under§552.021 and 552.023 of the Texas Government code,you also are entitled to receive and view the information.Under§559.004 of the Government Code,you are also entitled to have us correct information about you that is incorrect. To ensure prompt and efficient handling of your project file we are requesting that all commitments be presented to the Civil Rights Division using this basic format. Page 224 of 539 Disadvantaged Business Enterprise (DBE) Program Form2228 (Rev 10/16) '. Termination/Substitution Request Form Page 1 of 1 of Transpo atlon Prior to submitting this form to TxDOT you must notify the DBE in writing of your intent and allow the DBE five(5)days to respond. roject#: County: Contract-CSJ: Request Date: Prime Contractor: Date Prime determined DBE unwilling,unable or ineligible: List Previous Approved Subcontractor: Proposed Subcontractor: Bid Item Work Description Committed Remaining Bid Item Work Description Dollar Dollar Amount Dollar Amount Amount Total$ Total$ Will termination/substitution result in a goal shortfall? ❑Yes ❑No If so, how much? Projected date Proposed Subcontractor will commence work? Reason(s) for termination/substitution. Check Appropriate Block. ❑The listed DBE is no longer m business. ❑The listed DBE requested removal. ❑The listed DBE failed or refused to perform the ❑Other issues not listed. contract or furnish the listed matenals. ❑The work performed by the listed DBE was unsatisfactory and was not in accordance with the scheduled plans and specifications. Provide copy(s) of: Letter to terminate,,DBE termination agreement statement or if applicable,DBE letter of voluntary removal request. Contractor Signature: Date: ❑Approved ❑Rejected Reason: • Jiistrict DBE Coordinator Signature: Date: Use TxDOT Form 2603 if good faith effort is applicable. The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request to be informed about the information that we collect about you.Under Sections 552.021 and 552.023 of the Government Code,you also are entitled to receive and review this information.Under Section 559.004 of the Government Code,you are also entitled to have us correct information about you that is incorrect. i Page 225 of 539 w Disadvantaged Business Enterprise (DBE) Program Form 2182 �"�" Commercially Useful Function (CUF) (Rev.01/19) o .�r „ara deon. Page 1 of 7 49 CFR 26.55,"A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing,managing,and supervising the work involved. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction,contract,or project through which funds are passed in order to obtain the appearance of DBE participation. "This form is for the purposes of reviewing DBEs for compliance with the CUF requirements for credit. TxDOT field staff will perform CUF reviews on DBEs.A minimum of one CUF review must be performed for each DBE on each project with or without a DBE goal.With the assistance of the DBE Coordinator,a CUF review should be completed for each DBE by the field/office staff within 60 days of initiation.The CUF review should be submitted with all supporting documentation(invoices, payroll, pictures,equipment, DWR and list of employees).The Area Office will submit the completed CUF form to the DBE Coordinator,who must review and finalize within 30 days.A CUF review must be conducted to assess performance and compliance should be monitored throughout the course of the project. The following questions on this form should be answered by the DBE Owner or DBE Superintendent. Sections labeled"Part I"should be completed by field staff.Sections with"Part II"should be completed by office staff. Project ID Contract-CSJ County. District: DBE Company Name• DBE Representative Name: DBE Company Owner DBE Representative Title. Start Date of this DBE's Work: End Date of this DBE's Work(Expected). E firm is performing as: ❑ Prime Contractor ❑ Subcontractor ❑ Tier Subcontractor ❑ Hauler Provide a brief description of the DBE's scope of work. (Obtain copy of Subcontract Agreement and/or Purchase Order if needed.) Page 226 of 539 Form 2182(Rev.01/19) Page 2 of 7 For any question marked "No,"please explain in the "Comments"section at the end of the form. nagement Yes No N/A Part I (to be completed by field staff) Is there a supervisor on site? El El ❑ Does the supervisor effectively manage the,job without interference from any other non-DBE contractor? ❑ ❑ ❑ Has the DBE owner been present on the jobsite? ❑ ❑ ❑ Who is scheduling work activities, material deliveries and other requirements for the DBE's work? (Include name and titles below) Name Title Did the DBE subcontract any items or portions of the work to any other firm? El ❑ ❑ If yes,what percentage was subcontracted? Name of firm doing subcontracted work: Is the subcontractor a DBE? ❑ El El Part II (to be completed by office staff) Is the DBE maintaining its own payroll? El ❑ ❑ Equipment Yes No N/A Part I (to be completed by field staff) Does the equipment have the DBE's markings or emblems? El ❑ ❑ If another firm's markings are present, identify the name of the firm: Is the equipment and/or operator under the direct supervision of the DBE? ❑ ❑ ❑ Is the operator of the leased equipment the DBE's employee? ❑ ❑ El (Use of the prime's equipment in an emergency is allowed, but the cost associated with the use of the equipment cannot be credited towards the goal.) Part II (to be completed by office staff) Is the equipment owned or leased? Owned ❑ Leased ❑ ,..tach equipment list, ownership documents, and rental and lease agreements for equipment being used on the project) If leased,who is it leased from? Page 227 of 539 Form 2182(Rev.01/19) Page 3 of 7 For any question marked "No,"please explain in the "Comments"section at the end of the form. terials Yes No NIA Part I (to be completed by field staff) Is the DBE contracted to furnish and install a contract item? ❑ ❑ ❑ Who makes the arrangements for the delivery of materials? Who schedules the delivery of materials? Part II (to be completed by office staff). Are joint checks being used? (Obtain and attach TxDOT Joint Check Approval Form(2178]and verify El El ❑ approval.Attach copies of cancelled checks.) Who are the parties identified as payable to? Who are the material invoices made out to? (Obtain and attach copies of invoices, Material on Hand Documents, cancelled checks.) In whose name are the materials shipped? (Obtain and attach copies of shipping documents, Bills of Ladings, etc.) Workforce Yes No N/A rt I (to be completed by field staff) . as the DBE crew know which company they work for? ❑ ❑ ❑ (Attach a list with the names and titles of the DBE's crew present during the review) Part II (to be completed by office staff) Have copies of certified payrolls been obtained for verification? (Attach copies of certified payrolls.) El El ❑ Performance Yes No N/A Part I (to be completed by field staff) Does the DBE appear to have control over methods of work on its contract items? ❑ El El Has any other contractor performed any amount of work specified in the DBE subcontract? ❑ El El If yes, did the contractor have TxDOT's prior written approval before self-performing the work? ❑ ❑ El Is the DBE performing at least 30%of the work? ❑ ❑ ❑ Page 228 of 539 Form 2182(Rev.01/19) Page 4 of 7 Haulers Yes No N/A likt I (to be completed by field staff). Do haul tickets indicate work is performed by DBE? (Attach copies of Haul Tickets.) ❑ ❑ ❑ Do the trucks on the work site belong to the DBE? (Obtain and attach verification of truck ownership in ❑ ❑ ❑ the name of the DBE.) Part II (to be completed by office staff)• If leased, are the lease agreement terms in compliance with DBE requirements? (Obtain and attach El ❑ ❑ copies of lease agreements.) Commensurate Yes No N/A Part II (to be completed by office staff). Is payment received by the DBE commensurate with the work being performed? ❑ ❑ ❑ (Review the payment information on the monthly progress report form or payment entry in DMS.) Comments • Commercially Useful Function Determination Yes No Based on the above, is the DBE an independent business, executing a distinct element of work, and actually performing, managing, and supervising the work specified in the DBE's contract?(lf"No" ❑ ❑ proceed to "Non-Commercially Useful Function Determination.: Date of Review- Signatures and dates below must be included prior to submission. Reviewer.Signature: Date: Printed Name: Title: Reviewer Signature: Date: anted Name: Title: DDC Signature: Date: Printed Name: Title: DBE Coordinator Page 229 of 539 Form 2182(Rev.01/19) Page 5of7 Non-Commercially Useful Function Determination e DBE has 10 days from the date it receives the letter to rebut these findings.) _i CUF is not being performed by the DBE subcontractor,what action was taken to correct the deficiency? Yes No Did the action taken correct the deficiency? El Date of Review• Date of Correction: Signatures and dates below must be included prior to submission. Reviewer Signature: Date: Printed Name: Title: Reviewer Signature: Date: Printed Name. Title: DDC Signature: Date: Printed Name: Title: DBE Coordinator Paae 230 of 539 Form 2182(Rev.01/19) Page 6 of 7 CUF Determinants nagement _,_heduling work operations - Preparing and submitting certified payrolls - Full-time supervisor or superintendent Red Flags -The DBE owner or superintendent provides little or no supervision of the work -The DBE's superintendent is not a regularemployee of the firm -The DBE owner is not aware of the status of the work Records/Documents - Subcontract Agreement or Purchase Order - Daily inspection reports - Certified payrolls Equipment (Take photos where possible) -The DBE owns, rents or leases equipment -The DBE may lease specialized equipment with an operator -The DBE provides the operator and is responsible for all labor and compliance for non-specialized equipment -The DBE's sign or logo is on the equipment -The DBE is utilizing its own equipment Red Flags -The DBE and prime share equipment - Equipment signs and markings cover another contractor's identity - DBE's name is not on the lease agreement Records/Documents - Invoices - Haul tickets or Bills of Lading - Lease agreement - Ownership documents, e.g title, registration, vehicle identification number(VIN) -Cancelled checks Materials -The DBE is ordering materials, and invoices indicate the DBE is the customer -The contact person is employed by the DBE -The DBE is paying for the materials -The use of joint checks have been approved Red Flags - Materials for the DBE are ordered, or paid for, by the prime contractor - Invoices do not indicate the DBE is the customer -The prime's employee and phone number is listed as the contact - Materials come from the prime's stockpile or an affiliate of the prime Records/Documents - Invoices - Material on Hand documents - Delivery Tickets, Haul Tickets, Bills of Lading -Joint Checks - Cancelled Checks - Subcontract Agreement Paae 231 of 539 Form 2182(Rev.01/19) Page 7 of 7 Performance/Workforce BE must be responsible for performing its own work on the project _ ',l least 30% of the work must be performed by the DBE with its own workforce -The DBE keeps a regular workforce and had its own employees Red Flags -A portion of the DBE's work being done by the Prime Contractor or jointly with another contractor - Employees working for both the prime and the DBE - Supervision of the DBE employees by another contractor -The work is outside of the DBE's known experience or capability -The DBE's work is self-performed by the prime or another contractor Records/Documents - Subcontract Agreement or Purchase Order - DBE monthly progress reports - Certified payrolls DBE Trucking Firms -The DBE is required to own and operate at least one fully licensed, insured and operational truck on the contract -The DBE is allowed to lease trucks from DBEs and non-DBEs -The DBE keeps a regular workforce and has its own employees -The DBE is utilizing its own equipment -Operation of the equipment must be subject to the full control of the DBE Red Flags -The DBE does not own any trucks used on the project - DBE trucks are never at the job site (owned or leased) - Large trucking commitment-compared to DBE capacity - DBE does not own the right type of truck for the work - No lease agreement present or trucks not owned by the DBE firm Records/Documents - Subcontract Agreement or Purchase Order - Equipment ownership, rental, or lease documents - Payroll records - List of trucks and truck unit numbers and Vehicle Identification Numbers (VIN) Page 232 of 539 DBE Trucking Credit Worksheet Form2371 (04/10) Texas For Month of(Month/Year). Page 1 of 1 Depa,finenf ul 7,mcprclaUcn Project: County Prime Contractor Contract CSJ: District: DBE Hauling Firm: Name of DBE Hauling Firm Amt Paid Amt Paid to DBEs for Work Total Amt Paid to to License Plate# Unit# or For TxDOT use Only DBE Truck Owner/Operator Performed DBEs to Date Non-DBE this Month Haulers I.hereby certify that the aboveis a.true and correct statement of the amounts paid to the DBE trucking firms listed above. Signature: Date: DBE Company Official The DBE firm must send the report to the-prime contractor in a timely manner The prime contractor must then submit this form with the DBE Monthly Progress Report(MPR). The Texas Department of Transportation maintains the information collected through this form.With few exceptions,you are entitled on request to be informed about the information that we collect about you. Under Sections 552.021 and 552.023 of the Government Code,you also are entitled to receive and review this information.Under Section 559.004 of the Government Code,you are also entitled to have us correct information about you that is incorrect. Page 233 of 539 a Good Faith Effort for Federally Funded Projects Form 4000 riec., (Rev.09/20) b (Pre-Award) Page 1 of 3 all federally funded highway construction projects that have an established contract goal, the bidder must make sufficient good faith efforts to meet the goal. If the bidder has not obtained sufficient DBE participation to meet the goal, the bidder must submit this form, along with all supporting documentation, within five (5) calendar days after the bid opening (Letting). The Department will determine if the bidder has documented DBE participation and/or made good faith efforts to meet the goal. Good faith efforts require the bidder to show it took all necessary and reasonable steps to obtain sufficient participation by Disadvantaged Business Enterprises (DBE), even if the bidder was not fully successful. This means that enough work was made available to DBEs to meet the contract goal, at a minimum.The ability or desire of a bidder to perform the work of a contract with its own organization does not relieve the bidder of the responsibility to make good faith efforts. The greater the difference between the goal and DBE commitments,the greater the amount of good faith efforts are expected The Department reserves the right to request clarification or additional information pertaining to the efforts employed by the bidder I. BIDDER Company Name: Contact Person Phone: Email II. PROJECT INFORMATION Federal Project Number or Name: Contract CSJ Letting Date: County Contract Amount: $ Contract DBE Goal $ Goal Percentage: % al DBE Participation Committed: $ Goal Waiver Request: $ III. GOOD FAITH EFFORTS The bidder must make sufficient good faith efforts to meet an established goal for federally funded highway construction projects. See 49 CFR Part 26,Appendix A Guidance Concerning Good Faith Efforts. Bidders must allow for sufficient time to seek and respond to prospective DBEs. Check the boxes that identify the good faith efforts(GFE)taken by the bidder to achieve the goal, even if the bidder was unsuccessful. Not all sections may fully apply Provide an explanation and supporting documentation for each GFE selected. Attach additional sheets as necessary Only firms listed in.the Texas Unified Certification Program (TUCP)DBE Directory with the DBE designation are considered DBEs. In the comments field explain why DBEs were or were not selected. The Department will consider all reported efforts comprehensively to determine whether adequate good faith efforts were performed. ❑A.Solicited DBEs capable to perform work on the contract through all reasonable and available means. Required documentation needed in support: • A copy of the solicitation(s)sent to DBEs, including date(s)sent, method(s)of contact(e.g., phone,text, email, etc.), and person contacted. • Dollar amount of work made available by contractor • List.of DBE firms contacted and the NAICS code from the firm's certification that is associated with the work in the solicitation. Attach reports,tables, spreadsheets, etc., as necessary Paae 234 of 539 Form 4000 (Rev.09/20) Page 2 of 3 11-7 B. Effectively used the services of available minority/women business assistance offices and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs. ( wide sufficient supporting documentation such as: - • Names of offices or organizations. • Copies of publications, newspapers, emails,or ads to solicit bids. • Details or specifics of the meeting or event attended, including the event flyer • A list of DBE firms provided by the organization(s). • A list of DBE firms met at the conference or event. Explain any follow-up that was done with the DBEs: ❑ C. Provided interested DBEs with adequate information about the plans,specifications,and requirements of the contract in a timely manner Provide sufficient supporting documentation such as: • Any communications that the project details were provided to those firms.The details must include dates when information was disseminated, method of contact, persons contacted, and outcomes. • The names of all DBE firms who submitted a quote to the bidder, including those the bidder did not solicit. • All DBE quotes and quotes from non-DBEs for the same work items. • Dates and details of the bidder's follow-up with interested DBEs. Attach reports,tables,spreadsheets, etc., as necessary If you did not respond to a DBE that solicited work, explain why JD.Selected portions of the work to be performed by DBEs, including breaking out contract work items into smaller '—' tasks or quantities. Provide sufficient supporting documentation such as: • Methods utilized to encourage participation from DBEs,such as breaking out items of work into smaller tasks or quantities. • List work items including those that are incidental or subsidiary to the bid item to facilitate DBE participation. • If applicable, a description of the work offered to DBEs that the bidder typically self-performs. • List of DBE firms the bidder committed to using on the project. Attach reports,tables, spreadsheets, etc., as necessary If you did not select a DBE, explain why- El E. Negotiated in good faith with interested DBEs. Provide sufficient supporting documentation such as: • An explanation of any adjustments made to the contractor's terms and conditions. • An explanation of changes the contractor made to work items or scopes of work in an effort to obtain DBE participation. • If applicable, explain why the contractor considered the DBE's quote to be unsuitable or unreasonable for the scope of work. • Other scopes of work considered for in this bid. • Copies of quotes received from DBEs and non-DBEs. • Any additional information as to why the DBE was not selected for the work. ach reports,tables,spreadsheets, etc., as necessary If you rejected a DBE without negotiation, explain why(include prequalification criteria, how you determined DBE capability, etc.): Paae 235 of 539 Form 4000 (Rev.09/20) Page 3 of 3 Ln F Made efforts to assist interested DBEs in order to increase the likelihood of obtaining DBE participation (e.g., 7 offering assistance in obtaining materials, supplies, etc.). vide details of assistance offered and details of specific agreements agreed upon. The contractor must have TxDOT's written approval prior to providing any assistance to DBEs to avoid a loss of goal credit and any conflicts with the commercially useful function (CUF) requirements. ❑ G. Other relevant factors or types of efforts. Comments: IV DBE PARTICIPATION • List all committed DBE firms • Provide the DBEs'certified NAICS codes as listed in the Texas Unified Certification Program (TUCP) DBE Directory • List bid items included in the DBEs'commitment/utilization plan Firm Name NAICS Codes Bid Items Add Row V BIDDER'S SIGNATURE By signing this form,you agree that the bidder aggressively made a bona fide good faith effort to obtain DBE participation sufficient to meet the goal in whole or in part. Providing false information on this governmental record is a violation of Texas Penal Code§37 10 and could result in criminal penalties. Printed Name Title Signature Date Page 236 of 539 Texas Department of Transportation FormSMS.4903 (Rev.07/08) DBE Monthly Progress Report Page 1of1 AW.parrmmm of transportation Project: Contract CSJ: County District: Letting Date* For Month of(Mo./Yr): Contractor Contract Amount: DBE Goal: % DBE Goal Dollars: **DBE ***$Amt Paid $Amt Paid to Non-DBE *RC Amt Paid to Vendor Name of DBE for Work 2nd For TzDUT or DBEs to Date r Number Sub/Supplier Performed Tier Subs (X-y iise:.On` RN this Period and Haulers ly, (X) m * Race Conscious or Race Neutral ** Goal/commitment progress report amount and/or race-neutral amount. [Do not subtract non-DBE second-tier subcontractors and haulers from this column. *** Report amount of payment DBE subcontractors paid to non-DBE subcontractors/haulers. If using a non-DBE hauling firm that leases from DBE truck owner-operators, payments made to each owner- operator must be reported separately Any changes to the DBE commitments approved by the department must be reported to the area engineer Submission of this report for periods of negative DBE activity is required.This report is required until all DBE subcontracting or material supply activity is completed. I hereby certify that the above is a true and correct statement of the amounts paid to the DBE firms listed above. Signature: Date: Company Official This report must be sent to the area engineer's office within 15 days following the end of the calendar month The Texas Department of Transportation maintains the information collected through this form.With few exceptions,you are entitled on request to be informed about the information that is collected about you.Under§§552.021 and 552.023 of the Texas Government Code,you also are entitled to receive and review the information.Under§559.004 of the Government Code,you are also entitled to have us correct information about you that is incorrect. Page 237 of 539 X Form 2177 ,,, , Prompt Payment Certification (Rev.07/19) cmwrne.ir d; Page 1 of 1 In accordance with the requirements of Article 9 9, submit this certification to the Engineer prior to the end of the month as follows. • each month payment received (example. Work performed in January Contractor paid in February Contractor must submit certification no later than the end of March) and • the month following the month when final acceptance occurred (example•.Final acceptance occurs in January Contractor must submit the final certification no later than the end of February). Note that the Contractor may make final submission prior to acceptance, if all subcontractor work is complete and all supplier materials have been furnished for the project, and the subcontractors'and suppliers'final payments have been made in full Failure to submit this form or provide prompt payment in accordance with the contract may result in the Engineer withholding payment or suspending the work. This certification is applicable to materials the Contractor purchases to remain as part of the final project, to first-tier subcontractors on the project and associated project specific locations (subcontractors and suppliers are to comply with the prompt payment requirements). Certification "I certify that to the best of my knowledge and with the exception of those subcontractors or suppliers listed below, all subcontractors and suppliers have been paid in accordance with the contract (10 days after receiving payment for the work performed by the subcontractor) and that any retainage held on a subcontractor or supplier's work has been released within 10 days after satisfactory completion of all of the subcontractors' or suppliers'work." Project Number CCSJ Estimate Period: or Month Year Final Subcontractor and Supplier Payment Date Signature Title Date Printed Name: The following firms have not been paid for reasons listed: Firm *Reason for Non-Payment *Only reasons based on dispute of subcontractor or supplier noncompliance may be accepted. This is a government document certifying satisfactory completion of the requirements of Article 9.9 of the contract regarding the payment of subcontractors.A Contractor may be sanctioned under department rules for filing a false certification. Page 238 of 539 DBE Prime Contractor Payments FormSM5.4902 .14.- Y (Rev.05/08) Tams to Non-DBE Subcontractors Page 1 of 1 Deportment or hansportotbn Project: Contract CSJ: County District: Letting Date: For Month of(Mo./Yr.): Contractor Contract Amount: Name of Non-DBE Subcontractor $Amount Paid This Total$Amount Paid to Period Date i Send this report to the District DBE Coordinator Report is due within 15 days following the end of each calendar month. Signature: Date: Company Official The Texas Department of Transportation maintains the information collected through this form.With few exceptions,you are entitled on request to be informed about the information that is collected about you.Under§§552.021 and 552.023 of the Texas Government Code,you also are entitled to receive and review the information.Under§559.004 of the Government Code,you are also entitled to have us correct information about you that is incorrect. Page 239 of 539 DBE Final Report ForrnSMS.4904 p (Rev.09/10) rmae Page 1 of 1 bet a!rmnssparta The DBE final report form should be filled out by the contractor and submitted to the appropriate district office upon completion of the project. One copy of the report must be submitted to the area engineer's office. The report should reflect all DBE activity on the project. The report will aid in expediting the final estimate for payment. If the DBE goal requirements were not met, documentation supporting good faith efforts must be submitted. Project: Contract CSJ- County- Control:Project: Letting Date: DBE Goal: Contractor Contract Amount: Vendor Name of DBE RC DBE Goal—Total Amount Paid.to Non-DBE FoTxDOT Number Sub/Supplier RN* Amount Paid to Datet 2nd Tier Subs&Haulers Use Only * Race-Conscious or Race-Neutral. t Goal/commitment progress report amount and/or race-neutral amount. Do not subtract non-DBE second-tier subcontractors and haulers from this column. $ DBE subcontractors paid to non-DBE subcontractors/haulers. Was there a project under-run caused by a TxDOT change order that impacted DBE Goal attainment? ❑Yes No Change Order Number This is to certify that % of the work was completed by Disadvantaged Business Enterprises as stated above By Per Name of General Contractor Contractor's Signature Subscribed and sworn to before me, this day of ,A.D Notary Public County My commission expires: The Texas Department of Transportation maintains the information collected through this form.With few exceptions,you are entitled on request, to be informed about the information that is collected about you.Under§§552.021 and 552.023 of the Texas Government Code,you also are entitled to receive and review the information.Under§559.004 of the Government Code,you are also entitled to have us correct information about you that is incorrect. Pane 240 of 539 Equipment Rental Rates General.Federal regulations address participation in equipment owned or rented by the contractor and used m force account work. Specified cost accounting principles must be used to develop the rates. Ineligible costs included use of contingencies, replacement cost escalator factors, and premium rental rates for rental periods less than one month. Federal policy requires that actual costs be used to determine extra work payments, however, actual equipment costs are usually not readily available. Therefore, the FHWA permits an LG to specify the acceptable rate guides in construction contracts. The LG may also include any equipment rate schedules developed m conformance with the Federal cost prmciples. and the FHWA policy The Federal cost principles applicable to rental rates for contractor furnished equipment are contained in 48 CFR,Part 31 The provisions in 2 CFR 225 apply when LG-owned equipment is used. Rental Rate Guides: An LG may, subject to TxDOT concurrence, adopt the Blue Book or other industry rate guide,or it may develop its own guide. The LG must make the determination that the equipment rental rates developed or adopted fairly estimate a contractor's actual cost to own and operate the equipment within its jurisdiction. TxDOT must review and approve the LG's rates for compliance with the policy before including the rates in a contractproposal. Adjustment Factors: Equipment is not expected to operate for 12 consecutive months. Maps at the beginning of each Blue Book equipment section mdicate adjustment factors based on climate and regional costs. Rate adjustment tables indicate adjustment factors based on equipment age. The adjustment factors in the maps and tables are to be applied when determining the eligible rate. Maximum Rate: The Blue Book adjusted rates cover all eligible equipment related costs. Therefore, they are considered to be the maximum eligible rates for Federal-aid participation purposes. Hourly Rates:The developer of the Blue Book accumulates all contractor costs for owning a piece of equipment on an hourly basis. The monthly rate displayed in the rental guide is determined by multiplymg the accumulated hourly costs by the monthly standard of 176 hours. Therefore, for periods of equipment use less than the standard 176 hours per month, Federal-aid participation shall be limited to the hourly rate obtained by dividing the monthly rate by 176 Premium rates contained in the rate guides shall not be used. Standby Equipment Rates: The contractor continues to incur certain ownership costs when equipment is required to be on standby The use of a standby rate is appropriate when equipment has been ordered to be available for force account work but is idle for reasons that are not the fault of the contractor While an industry standard does not exist for standby rates,it has been the normal practice of the courts to reduce published ownership rental guide rates by 50 percent for standby rate usage. Therefore, the FHWA will accept 50 percent of the ownership rental rates of an 09-2018 00850-T-44 of 56 Page 241 of 539 approved guide as the standby rate in lieu of a contractor's actual standby costs. There should be no operating costs included in the rate used and standby time should not exceed 8 hours per day, 40 hours per week, or the annual usage hours as established by the rate guide. Mobilization: The costs required to mobilize and demobilize equipment not available on the project are eligible for reimbursement. Standby rates should be used for equipment while bemg hauled to and from the project. This will be in addition to applicable rates for the hauling equipment. All costs associated with the assembly and disassembly of the equipment for transport should also be considered in the mobilizationcosts. Overhead:Equipment overhead includes such items as insurance,property taxes,storage,licenses and record keeping. The Blue Book rates include all equipment overhead costs. Therefore, if a contractor proposes to apply project or home office overhead to a Blue Book rate, the LG must assure that it contams no equipment overhead cost factors. TxDOT will determine the reasonableness of such a rate. Profit: There is no provision for equipment rental profit in the Blue Book published rates. Federal regulations do not prohibit the addition of an amount for profit. If an LG has a policy for the payment of profit, it should be followed on Federal-aid contracts. If a profit amount is used, TxDOT will determme reasonableness based on experience. Contractor Leased Equipment: When a contractor obtains equipment through a third party rental agreement for use in a force account situation, the cost will normally be the invoice cost. The invoice cost should be comparable with other rental rates of the area. The Associated Equipment Distributors (AED) Rental Rate and Specifications may be used to evaluate the costs for such equipment rental. Since rental agreements vary, the specific operatmg costs included in the rental agreement may need to be determined. The contractor may be reimbursed for additional eligible operating costs not covered by the agreement (i.e., fuel, lubrication, field repairs, etc); however, equipment standby time will not be reimbursed. The AED book is not acceptable as a rate guide for contractor owned equipment. The AED rates are based on national averages of rates charged by equipment distributors and do not reflect the contractor's cost of ownmg and operating the equipment. 09-2018 00850-T-45 of 56 Page 242 of 539 Certification Regarding Lobbying Certification;For Contracts,Grants,Loans,And Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: (1) No Federal appropnated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan, the entenng into of any 'cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a - Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included m the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Signature/Authorized Certifying Official Typed Name and Title Apphcant/Orgam7ation Date Signed 09-2018 00850-T-46 of 56 Pam 243 of 539 Statement for Loan Guarantees and Loan Insurance The undersigned states,to the best of his or her knowledge and belief,that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions.Submission of this statement is a prerequisite for makmg or entering into this transaction imposed by section 1352, title 31,U.S Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Signature/Authorized Certifying Official Typed Name and Title Apphcant/Orgamzation Date Signed 09-2018 00850-T-47 of 56 Page 244 of 539 Non-Collusion Statement General. The submission of a non-collusion statement protects the integrity of the Federal-aid highway program by servmg as a deterrent to bid rigging activities.The certification also becomes evidence m prosecutmg cases involving construction contract bid rigging. A non-collusion statement is required from all bidders and is to be submitted as part of the bid proposal package. Failure to submit the required certification will result in the bid being considered as non-responsive and ineligible for award consideration. The LG must include provisions in the bidding proposals that require all bidders to mclude a non- collusion statement with their bid.The FHWA,in consultation with the U S.Department of Justice (USDOJ), has concluded that the non-collusion statement may be either an unsworn declaration made under penalty of perjury under the laws of the United States, or a sworn affidavit executed and sworn before a person who is authorized to administer oaths by the laws of the State. All non-collusion certifications shall be retained by the LG in accordance with the retention policy of 49 CFR 18 42.These certifications could serve as important evidence in the event that collusion or bid ngging is discovered at a later date. If for any reason, a person feels that fraud has occurred, they should contact the nearest USDOT Office of Inspector General (OIG) office The OIG maintains a fraud hotlme at 1-800-409-9926 or http.//oig.state.gov/hotlme/ This may be based on a suspicion or actual evidence of fraud.waste and abuse m any project funded by FHWA. 09-2018 00850-T-48 of 56 Page 245 of 539 AFFIDAVIT THE STATE OF TEXAS OWNER Before me,the undersigned authority,on this day personally appeared who being by me duly sworn upon oath says: that he is duly qualified and authorized to make this affidavit for and on behalf of ("Contractor"), of and is fully cognizant of the fact herein set out: that Contractor has not, either directly or indirectly,entered into any agreement with OWNER in any collusion:or otherwise taken any action in restraint of free competitive bidding in connection with the contract for the above referenced project. NAME TITLE SWORN TO AND SUBSCRIBED BEFORE ME by the said ,this day of ,20 ,to certify which witness my hand and seal of office. NOTARY PUBLIC in and for State of Printed Name: My Commission Expires 09-2018 00850-T-49 of 56 Page 246 of 539 PAYROLL VERIFICATION INFORMATION 1 Payroll will be verified by a City of Pearland Representative. Certification of payment will be compared with payroll figures upon completion of project.To minimize time in payment of job, the General Contractor can send a certified letter to the effect upon receipt of certification of payment, they will be made available for comparison, and if any discrepancies are found,the necessary adjustments will he made. 2. Submit certified payroll for each week. If no work is being performed, submit a certified payroll weekly stating "No Work Performed this Period" A certified payroll stating"No Work Performed until Further Notice"is not acceptable for this project. 3. Number payrolls consecutively starting with#1 for first month worked. 4 Only one copy of each payroll is required. 5. Include the City of Pearland Contract Purchase Order number and job description on each payroll. 6. Show each employee working on project and his work classification (carpenter, pipe fitter, roofer, etc.). Consult classification and minimum wage schedule in the Prevailing Wage Rate for Engineering Construction in the City of Pearland,in Contract Specifications. 7 On payroll,indicate if fringe benefits(as shown on the City of Pearland Wage Scale)are paid to approve plans, funds, or programs;or if they are paid in cash to the employee. (In case of cash payment of fringe benefits, show the base rate+fringe benefits—5.00/6.75.) 8. Show the number of hours worked in each month and/or week. 9. Indicate gross salary,deductions,net salary,and check number issued. 10. Contractor is to submit payroll sheets for each contract he has with the City of Pearland. 11 Show"Final"on last payroll submitted. 12. General Contractor is responsible for sub-contractors submittal of correct payrolls each week.He can only be assured of this by insisting that subcontractor payrolls be submitted to him,not to the City of Pearland. 13. Sub-contractors'payroll to be monitored by prime Contractor in complying to prevailing wage rates. 09-2018 00850-T-50 of 56 Page 247 of 539 Prison Produced Materials General. There are limitations on using matenals produced by convict labor in a Federal-aid Highway project.Materials produced after July 1, 1991 by convict labor may only be mcorporated In a Federal-aid highway construction project if: Such matenals have been produced by convicts who are on parole, supervised release, or probation from a prison, or Such material has been produced in a qualified prison facility (e.g. prison mdustry, with the amount produced during any 12-month period) for use in Federal-aid projects, not exceeding the amount produced, for such use, durmg the 12-month period ending July 1, 1987 Texas does not have a qualified prison facility meeting the requirements of the regulation. 09-2018 00850-T-51 of 56 Page 248 of 539 4P- SBE Monthly Progress Report Form(Rev 4/20 6) Thus (GSD-EPC) Page 1 of 1 d Project: Contract CSJ• County District: Letting Date: For Month of(Mo./Yr): Contractor Contract Amount: SBE Goal: % SBE Goal Dollars *SBE$Amt.Pd.for Vendor Name of SBE *SBE,DBE, Amt. Pd.to SBE to Number Sub/Supplier HUB,DH Type of Work Work Performed this Date Period * Include payments to all certified SBEs,DBEs, HUBs and DBE/HUBs. (Code S=SBE,D=DBE,H=HUB, DH=both DBE and HUB.) If using a non-SBE hauling firm that leases from SBE truck owner-operators, payments made to each owner- operator must be reported separately Any changes to the SBE commitments previously approved by the department must be reported to the area engineer For projects with assigned SBE Goals,submission of this report for periods of negative SBE activity is required. This report is required until all SBE subcontracting or material supply activity is completed. I hereby certify that the above is a true and correct statement of the amounts paid to the SBE firms listed above. Signature: Date: _ Company Official This report must be sent to the area engineer's office within 15 days following the end of the calendar month. The Texas Department of Transportation maintains the information collected through this form.With few exceptions,you are entitled on request, to be informed about the information that is collected about you.Under§§552.021 and 552.023 of the Texas Government Code,you also are entitled to receive and review the information.Under§559.004 of the Government Code,you are also entitled to have us correct information about you that is incorrect. 09-2018 00850-T-54 of 56 Pane 249 of 539 TxDOT 1560 CERTIFICATE OF INSURANCE r..6-,:r 15r1) ry7'4440 r4Ker;c,rWs;kgrI War nrt ka❑s?.f. Alrovavn. .Fags Vol: irMarsitareenas Agents should complete she form providing of requevtod,inforrnaoon then eieseq fat or roe drh form drecily to the eddosss limed on pogo two of tibia form;Copts'of undt+¢wmeius baled b,low.am not meld on ettachinmts to this;lasuo. This eeitilieatele hued toe matter etinfonmtloss any tad eapfess no erns upon the cedifate holder,This cerllaca:e does net confer any sigtda of obrlpsfiens ohoi,than tht rights and obtpWarn conveyed by she potties re%erencod on this0trti5cate_The ternts ettho polities referenced in this maple cartel away the terms oflbe eeib5cate. i - Insured: Street1Mailing•Address: CityistateZip; Phaale Nufitber, ( � F ii , WORKERS'COMPENSATION INSURANCE COVERAGE: Endorsed.+,vith a Waiver of Subrogati n in favor of Txi70T Carrier Name: Carrier Phone#k .,( 1 1 14 . - Address: City,State,Zip: Typo of Insurance Policy Number Effective Date •Explratlert Data Limits.of Liability: Workers'Coinpansation Not Loss Than:'Statutory-Texas COMMERCIAL GENERAL LIABILITY INSURANCE Carrier Name: ' CarderPhone# i=1'�,�,;1,,,,,;, Address _ . .,City,State.Zip: Type of Insurance: Policy Number: Effective Data: Expiration Date: Limits of Liability: Commetclet General i Not-Less-plan: LEllxhty Insurancel S 600,000 stash occurrence BUSINESS AUTOMOBILE POLICY: Carrier Name: Carrier Phone lk t 1 �� ^ Address: . City,State,Zip: . - Type of insurance; Policy Number Effective Data I I Extrlratlon Date: Cimits:o.Liability: auslness Automeblle.Policy Not Less Than: S 6C0.04®'eontbinad Singh limit UMBRELLA POLICY(If applicable): 1i T� Address:Name: i C ty,Stato Carder oiie ft it t� Type of Insurance: Policy.Number. Effective Date: Expiration Date: Limits.of Liability: Umbrella Policy: Should any of tiffs abovo deserted poEehis be cariteded before the osplroltun data thereof,nutlet+Mt be delivered in acccrdaxo with the polity provisians, THIS IS TO CERTIFY to the Texas Department of Transocetetion.actino on behalf of the Stale of Texas that the insurance poldes named are In toll force and effect.ff-thfs form is sent by focstr»te=s h'ne(fin), Me weirder adopts the docurrreat received by ThOGT os a duplicate cxlginof oritl edgdts•the sipnoldre pradoced by the recoiiin fax machine es the sender's orighel signature, Agency Name Address city,State,Zip Code Ea Autliarized Agent's Phone Number Authorized Agent,Original Signature Pate The Texas Department of Transportation maintains the Intimation collected through this-form, Will few exceptions,you are entitled on request to be informed about the Iriferri allon that me cidlect about you,Under§§552,021 and 552.023 of the Texas Govemment Code,you etso are entitled to receive. and re+,iew the information,Undei E558,004 of the Government Code,you are aiso.e altled!ohm us tartest Information about you that is incoirect, Fax completed form•to:5121416-2536 09-2018 00850-T-55 of 56 Page 250 of 539 Form 1560 (Rev.07/12) Page 2 of 2 NOTES TO AGENTS: Agents must provide all requested information then either fax or mail this form directly to the address listed below Pre-printed limits are the minimum required; if higher limits are provided by the policy, enter the higher limit amount and strike-through or cross-out the pre-printed limit. To avoid work suspension, an updated insurance form must reach the address listed below one business day prior to the expiration date. Insurance must be in force in order to perform any work. Binder numbers are not acceptable for policy numbers. The certificate of insurance, once on file with the department, is adequate for subsequent department contracts provided adequate coverage is still in effect.Do not refer to specific projects/contracts on this form. List the contractor's legal company name, including the DBA (doing business as) name as the insured. If a staff leasing service is providing insurance to the contractor/client company, list the staff leasing service as the insured and show the contractor/client company in parenthesis. The TxDOT certificate of insurance form is the only acceptable proof of insurance for department.contracts. List the contractor's legal company name, including the DBA(doing business as)name as the insured or list both the contractor and staff leasing service as insured when a staff leasing service is providing insurance. Over-stamping and/or over-typing entries on the certificate of insurance are not acceptable if such entries change the provisions of the certificate in any manner This form may be reproduced. DO NOT COMPLETE THIS FORM UNLESS THE WORKERS'COMPENSATION POLICY IS ENDORSED WITH A WAIVER OF SUBROGATION IN FAVOR OF TXDOT The SIGNATURE of the agent is required. CERTIFICATE OF INSURANCE REQUIREMENTS: WORKERS'COMPENSATION INSURANCE. The contractor is required to have Workers'Compensation Insurance if the contractor has any employees including relatives. The word STATUTORY, under limits of liability, means that the insurer would pay benefits allowed under the Texas Workers'Compensation Law GROUP HEALTH or ACCIDENT INSURANCE is not an acceptable substitute for Workers'Compensation. COMMERCIAL GENERAL LIABILITY INSURANCE. MANUFACTURERS'or CONTRACTOR LIABILITY INSURANCE is not an acceptable,substitute for Comprehensive General Liability Insurance or Commercial General Liability Insurance. BUSINESS AUTOMOBILE POLICY- !!coverages are specified separately,they must beat least these amounts: Bodily Injury S500,000 each occurrence S100,000 each occurrence Property Damage $100,000 for aggregate PRIVATE AUTOMOBILE LIABILITY INSURANCE is not an acceptable substitute for a Business Automobile Policy MAIL ALL CERTIFICATES TO: Texas Department of Transportation CST—Contract Processing Unit(RA/200—1st FL) 125 E.11th Street Austin,TX 78701-2483 512/416-2540(Voice),512/416-2536(Fax) Contact/Help 09-2018 00850-T-56 of 56 Page 251 of 539 CITY OF PEARLAND ADDENDUM Section 00900 ADDENDUM NO.# Date. [mm dd,yyyy] PROJECT Smith Ranch Road, CSJ 0912-31-293 BID NO ITB 1124-02 BID DATE. [Date;time] FROM. Blair C Stoker P.E. Project Manager DEC 3100 W Alabama,Houston Tx 77098 To Prospective Bidders and Interested Parties This addendum forms a part of the biddmg documents and will be incorporated into the Contract Documents, as applicable. Insofar as the ongmal 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- 1 of 1 Pape 252 of 539 ENGINEER'S CERTIFICATION ENGINEER SEAL Control 0912-31-293 , Pearland TR1501 Highway Smith Ranch Road County Brazona "The re f e r en c e d and enclosed Texas Department of Transportation Specifications, Special Specifications, Special Provisions, General Notes, and Specification Data in this document have been selected by me, or under my responsible supervision as being applicable to this project. Alteration of a sealed document without proper notification to the responsible Engineer is as offense under the. Texas Engineering Practice Act." Blair C Stocker,P.E. Dannenbaum Engineering Corporation Date- November 13, 2023 Page 253 of 539 County: Brazoria Highway: Smith Ranch Road Control: 0912 31 293 GENERAL NOTES: Contractor questions on this project are to be emailed to the followmg individual(s): Project Manager- Jennifer Lee, JLee@a,pearlandtx.gov,281 652.1760 Area Engineer Maria Aponte, Mana.Aponte@txdot.gov, 979 864 8512 Unless otherwise shown on the plans,RAP generated by this project will become the property of the Contractor for use in the current construction project or in future projects. If fixed features require, the governing slopes shown may vary between the limits shown and to the extent determined by the Engineer Superelevate the curves to match the existing surface. Notify the Engineer immediately if discrepancies are discovered in the honzontal control or the benchmark data. References to manufacturer's trade name or catalog numbers are for the purpose of identification only Similar matenals from other manufacturers are permitted if they are of equal quality, comply with the specifications for this project, and are approved, except for roadway illumination, electrical, and traffic signal items. The cost for materials, labor, and incidentals to provide for traffic across the roadway and for ingress and egress to private property in accordance with Section 7.2.4 of the standard specifications is subsidiary to the vanous bid items. Restore access roadways to their onginal condition upon completing,construction. Grade street intersections and median openings for surface dramage. If a foundation is to be placed where a nprap surface or an asphalt concrete surface presently exists,use caution in breaking out the existing surface for placement. Break out no greater area than is required to place the foundation. After placing the foundation, wrap the penphery with 0.5 in. pre-molded mastic expansion joint. Then replace the remainmg portion of the broken out surface with Class A or Class C concrete or cold mix asphalt concrete to the exact slope, pattern, and thickness of the existmg nprap or asphalt. Payment for breaking out the existing surface, wrapping the foundation, and replacing the surface is subsidiary to the various bid items. The lengths of the posts for ground mounted signs are approximate. Venfy the lengths before ordering these materials to meet the existmg field conditions and to conform to the minimum sign mounting heights shown inn the plans. Furnish aluminum Type A signs instead of plywood signs for signs shown on the Summary of Small Signs sheet. Clearly mark or highlight on the shop drawings, the items being furnished for this project. Submit required shop drawings in accordance with the shop drawing distribution list shown in the note for Item 5 for review and distribution. General Notes Sheet A Paae 254 of 539 County. Brazoria Highway: Smith Ranch Road Control: 0912 31 293 Right of way parcels or utility adjustments shown to be unclear on the plans but not fisted on the special provisions will have no effect on construction. Procure permits and licenses, which are to be issued by the City, County, or Municipal Utility District. Any groundwater elevation information provided is representative of conditions existing on the day when and for the specific location where this information was collected. The actual groundwater elevation may fluctuate with time, climatic conditions, and construction activity Contractor shall notify the BRAZORIA DRAINAGE DISTRICT NO 4 (BDD NO 4) m wntmg at least forty-eight (48) hours before placing any concrete for drainage structures. Inspection requests, results, etc. are all managed using the online MyGov system. If you have any difficulties or questions, please contact Jason Dyer at (281) 485-1434 x 118 or inspections@bdd4 org. Failure to properly coordinate an on-site inspection before concrete is poured will cause portions of the concrete to be broken out at the applicant's expense in order to prove to the BDD NO 4's inspector that construction complies with BDD NO 4 Rules, Regulations & Guidelines General: Site Management Mark stations every 100 ft. and maintain the markings for the project duration. Remove the station markings at the completion of the project. This work is subsidiary to the various bid items. Personal vehicles of employees are not permitted to park within the right of way, including sections closed to public traffic. Employees may park on the right of way at the Contractor's office, equipment, and materials storage yard sites. Assume ownership of debns and dispose of at an approved location. Do not dispose of debris on pnvate property unless approved in wntmg by the City Engineer Control the dust caused by construction operations. For sweeping the base material m preparation for laying asphalt and for sweeping the finished concrete pavement,use one of the following types of sweepers or approved equal. Tricycle Type Truck Type-4 Wheel Wayne Series 900 M-B Cruiser II Elgm White Wing Wayne Model 945 Elgm Pelican Mobile TE-3 Mobile TE-4 Murphy 4042 General Notes Sheet B Page 255 of 539 County: Brazoria Highway Smith Ranch Road Control: 0912 31 293 General: Traffic Control and Construction Schedule construction operations such that preparing individual items of work follows in close sequence to constructing storm drains m order to provide as little mconvemence as practical to the businesses and residents along the project. Schedule work so that the base placement operations follow the subgrade work as closely as practical to reduce the hazard to the,travelmg public and to prevent undue delay caused by wet weather This project requires extensive grading operations in an environmentally sensitive area. If relocating mailboxes,place them with the post firmly m the ground at nearby locations. Upon completing the project,the Engineer will locate the final mailbox placement. Perform this work m accordance with the requirements of the Item, "Mailbox Assemblies," except for measurement and payment. This work is subsidiary to the various bid items. If fences cross construction easements shown on the plans and work is required beyond the fences, remove and replace the fences as directed. This work and the matenals are subsidiary to the vanous bid items. When design details are not shown on the plans, provide signs and arrows conformmg to the latest"Standard Highway Sign Designs for Texas"manual. General: Utilities Consider the locations of underground utilities depicted in the plans as approximate and employ responsible care to avoid damaging utility facilities. Depending upon scope and magnitude of planned construction activities,advanced field confirmation by the utility owner or operator may be prudent. Where possible,protect and preserve permanent signs,markers,and designations of underground facilities. If the Contractor damages or causes damage (breaks, leaks, nicks, dents, gouges, etc.) to the utility, contact the utility facility owner or operator immediately Be aware that an operational Computerized Transportation Management System(CTMS)exists within the limits of this project and that the system must remain operational throughout construction. If the Contractor damages or causes damage to this system, repair such damage withm 8 hours of occurrence at no cost to the City of Pearland. In the event of system damage,notify Yolci Ramirez,Traffic Engineer at 281-652-1686 within one hour of occurrence. Failure of the Contractor to repair damage to the main fiber optic cable and CCTV cable trunk lines, which convey all corridor information to TranStar, will result in the Contractor being billed for the full cost of emergency repairs. At least 72 hours before starting work, make arrangements for locating existing Department- owned above ground and underground fiber optic, communications, power, illumination, and traffic signal cabling and conduit. Do this by calling Mario Tellez, Traffic Supervisor at 281- General Notes Sheet C Paae 256 of 539 County: Brazoria Highway: Smith Ranch Road Control: 0912 31 293 997-5990 to schedule marking of underground lines on the ground. Use caution if working in these areas to avoid damaging or interfering with existing facilities. Notify the Engineer at least 48 hours before constructing junction boxes at storm drain and utility intersections. Install or remove poles and luminaires located near overhead or underground electrical hnes using established industry and utility safety practices. Consult the appropriate utility company before beginning such work. If overhead or underground power lines need to be de-energized, contact the electrical service provider to perform this work. Costs associated with de-energizing the power lines or other protective measures required are at no expense to the City of Pearland. If working near power lines,comply with the appropriate sections of Texas State Law and Federal Regulations relating to the type of work involved. Perform electrical work m conformance with the National Electrical Code (NEC) and City of Pearland standards. Before beginning any underground work, notify the City of Pearland's Chief Inspector, Public Works and Engineering, to establish the locations of any existing electrical systems for lighting facilities within the limits of this project. Utility crossings must be clearly marked in the field with a sign on either side of the BRAZORIA DRAINAGE DISTRICT NO 4(BDD NO 4)facility,which shall be placed immediately outside the BDD NO 4 easement or nght-of-way Utilities(other than pipelines)which cross BDD NO 4 facilities must have a minimum clearance of 5 feet(depth of cover) from the ultimate channel cross section and flowlme. Consult with the BDD NO 4 Engineer regarding the ultimate channel configuration. Contact Tom Darnel at BDD NO 4 to obtain the required permit for the proposed utility crossing of a BDD NO 4 ditch. Tom Daniel 281-485-1434 tdamel@bdd4 org Item 5: Control of the Work Before contract letting, electronically generated earthwork cross-section data will be furnished free of charge to the prospective bidders in Micro station(.dgn) format. This will be available from DE Corporation office. The earthwork cross-section data provided above is for non- construction purposes only and it is the responsibility of the prospective bidder to validate the enclosed data with the appropriate plans, specifications, and estimates for the projects. Submit shop drawings to the Engineer and the City of Pearland for the fabrication of items as documented in Table 1 below Distribution and format will be addressed at the Pre- Construction conference. General Notes Sheet D Page 257 of 539 County: Brazoria Highway- Smith Ranch Road Control: 0912 31 293 Table 1 2014 Construction Specification Required Shop/Working Drawing Submittals-Consultant Generated Plans Contractor/ Shop or Spec Submittal Approval Fabricator Reviewing Working Item Product Required Required P.E.Seal Party Drawing No.'s (YIN) Required (Note 1) 7 16.1&.2 Construction Load Analyses Y Y Y D WD 400 Excavation and Backfill for Y N Y D WD Structures(cofferdams) 403 Temporary Special Shoring Y N Y D WD 420 Formwork/Falsework Y N Y D. WD 423 Retaining Walls, (talcs req'd.) Y Y Y D SD 425 Optional Design Calculations Y Y Y D SD (Prstrs Bms) 425 Prestr Concr Sheet Piling .Y Y N D SD 425 Prestr Concr Beams Y Y N D SD 425 Prestr Concr Bent Y Y N D SD 426 Post Tension Details Y Y . N D SD 434 Elastomeric Bearing Pads(All), Y Y N D SD _441_ Bridge Protective Assembly Y Y . N D SD 441 Misc Steel(various steel Y Y N D SD assemblies) 441 Steel Pedestals(bridge raising) Y Y N D SD .441 .Steel Bearings . .. . Y Y N D SD 441 Steel Bent Y Y N D SD 441 Steel Diaphragms Y Y N D SD 441 Steel Finger Joint Y Y N D SD 441 Steel Plate Girder Y Y N D SD 441 Steel Tub-Girders Y Y N D SD 441 Erection Plans, including Falsework Y. N Y D WD 449 Sign Structure Anchor Bolts Y Y N D SD 450 Railing Y Y N D SD 462 Concrete Box Culvert Y Y N D SD 462 Concrete Box Culvert(Alternate Y Y Y D SD Designs Only,calcs reqd.) Reinforced Concrete Pipe(Jack 464 and Bore only;ONLY when Y Y Y D SD requested) 465 Pre-cast Junction Boxes,Grates, Y Y N D SD and Inlets Pre-cast Junction Boxes, Grates, 465 and Inlets(Alternate Designs Only, Y Y Y D SD talcs read.) 466 Pre-cast Headwalls and Wingwalls Y Y N D SD 467 Pre-cast Safety End Treatments Y Y N D SD 495 Raising Existing Structure(talcs Y Y Y D SD reqd.) Roadway Illumination Supports —610 (Non-Standard only,calcs reqd.) Y Y Y D SD 613 High Mast Illumination Poles(Non- Y Y Y D SD standard only,talcs reqd.) 627 Treated Timber Poles Y Y N D SD . Special Non-Standard Supports 644 (Bridge Mounts, Barrier Mounts, Y Y Y D SD Etc.) General Notes Sheet E Pane 258 of 539 County: Brazoria Highway: Smith Ranch Road Control: 0912 31 293 647 Large Roadside Sign Supports Y Y Y D SD 650 Cantilever Sign Structure Supports Y Y Y D SD -Alternate Design Calcs. 650 Sign Structures Y Y N D SD 680 Installation of Highway Traffic Y Y N D SD Signals 682 Vehicle and Pedestrian Signal Y Y N D SD Heads 684 Traffic Signal Cables Y Y N D SD 685 Roadside Flashing Beacon Y Y N D SD Assemblies 686 Traffic Signal Pole Assemblies Y Y Y D SD (Steel)(Non-Standard only) , 687 Pedestal Pole Assemblies Y Y N D SD 688 Detectors Y Y N D SD 784 Repairing Steel Bridge Members Y Y Y D WD SS Prestr Concr Crown Span Y Y N D SD SS Sound Barrier Walls Y Y Y D SD SS Camera Poles ' Y Y Y TMS SD SS Pedestrian Bridge(Calcs req'd.) Y Y Y D SD SS Screw-In Type Anchor Foundations Y Y N D SD SS Fiber Optic/Communication Cable Y Y N TMS SD SS Spread Spectrum Radios for Y Y N D SD Signals SS :VIVDS System for Signals Y Y N D SD SS CTMS Equipment Y Y N TMS SD Notes: 1 Document flow for Working Drawings differs from Shop Drawings in that Working Drawings must be submitted to the Engineer rather than the Engineer of Record and they are for the information of the Engineer only;an approval stamp and distribution to all project offices is not required. Key to Reviewing Party D—Consultant: Submit to Engineer of Record at Blair.Stocker(a).decorp.com TMS—Traffic Management System Computerized Traffic Management Systems(CTMS) City of Pearland,Traffic Engineer Item 6: Control of Materials To comply with the latest provisions of the Build America, Buy America Act (BABA Act) of the Bipartisan Infrastructure Law, the Contractor must submit an original of the TxDOT Construction Material Buy America Certification Form for all items classified as construction materials. This form is not required for materials classified as manufactured product. Refer to the Buy America Material Classification Sheet for clarification on material categorization. The Buy America Material Classification Sheet is located at the following site: General Notes Sheet F Page 259 of 539 County: Brazoria Highway: Smith Ranch Road Control: 0912 31 293 https.//www txdot.gov/business/resources/matenals/buy-america-material-classification- sheet.html for clarification on matenal categorization. Item 7: Legal Relations and Responsibilities Do not initiate activities in a Project Specific Location (PSL), associated with a U S Army Corps of Engineers (USACE) permit area, that have not been previously evaluated by the USACE as part of the permit review of this project. Such activities include those pertaining to, but are not limited to, haul roads,, equipment staging areas, borrow and disposal sites. Associated defined here means materials are delivered to or from the PSL. The permit area includes the waters of the U.S or associated wetlands affected by activities associated with this project. Special restnctions may be required for such work. Assume responsibility for consultations with the USACE regarding activities, including PSLs that have not been previously evaluated by the USACE. Provide the Department with a copy of consultations or approvals from the USACE before initiating activities. The Contractor may proceed with activities in PSLs that do not affect a USACE permit area if a self-determination has been made that the PSL is non jurisdictional or if proper USACE clearances have been obtained in jurisdictional areas or have been previously evaluated by the USACE.as part of the permit review of this project. The Contractor is solely responsible for documentmg any determinations that their activities do not affect a USACE permit area. Maintain copies of their determinations for review by the Department or any regulatory agency Document and coordinate with the USACE, if required, before hauling any excavation from or hauling any embankment to a USACE permit area by either 1 or 2 below- 1.Restricted Use of Materials for the Previously Evaluated Permit Areas. Document both the Project Specific Locations (PSL) and their authorization. Maintain copies for review by the Department or any regulatory agency When an area within the project limits has been evaluated by the USACE as part of the permit process for this project: a. Suitable excavation of required material m the areas shown on the plans and cross sections as specified in the Item,"Excavation"is used for permanent or temporary fill (under the Item, "Embankment")within a USACE permit area. b Suitable embankment (under the Item, "Embankment") from withm the USACE permit area is used as fill within a USACE evaluated area. c. Unsuitable excavation or excess excavation, "Waste" (under the Item, "Excavation"),that is disposed of at a location approved:within a USACE evaluated area. 2. Contractor Materials from Areas Other than Previously Evaluated Areas. Provide the Department with a copy of USACE coordination or approvals before initiating any activities for an area withm the project limits that has not been evaluated by the USACE or for any off nght of way locations used for the following,but not limited to,haul roads, equipment staging areas,borrow and disposal sites: General Notes Sheet G Paae 260 of 539 County Brazoria Highway: Smith Ranch Road Control: 0912 31 293 a. The Item, "Embankment" used for temporary or permanent fill within a USACE permit area. b Unsuitable excavation or excess excavation, "Waste" (under the Item, "Excavation"),that is disposed of outside a USACE evaluated area. The total area disturbed for this project is 7 80 acres. The disturbed area m this project, the project locations in the Contract,and Contractor project specific locations(PSLs)within 1 mile of the project limits for the Contract, will further establish the authorization requirements for storm water discharges. The Department will obtain an authonzation to discharge storm water from the Texas Commission on Environmental Quality (TCEQ) for the construction activities shown on the plans. The Contractor,is to obtain required authorization from the TCEQ for Contractor PSLs for construction support activities on or off the ROW When the total area disturbed in the Contract and PSLs within 1 mile of the project limits exceeds 5 acres,provide a copy of the Contractor NOI for PSLs on the ROW to the Engmeer (to the appropnate MS4 operator when on an off-state system route)and to the local government that operates a separate storm dram system. Before bidding on this project,review the copy of the complete U S Army Corps of Engmeers Nationwide Permit Number SWG-2019-00057 mcluded in the Drawing Set. Place erosion control measures around the perimeter of impacted wetlands as shown m the above mentioned U S Army Corps of Engineers Nationwide permits. During stagmg and construction operations, equipment is not allowed in the Waters of the United States. This project does not require a U.S Army Corps of Engineers (USACE) Section 404 Permit before letting,but if a permit is needed during construction,assume responsibility for preparing the permit application. Submit the permit application to the Department's District Environmental Section for approval. Once the permit application is approved,the Department will submit it to the USACE. Assume responsibility for the requested revisions,in coordination with the Department's District Environmental Section. Avoid encroaching into the wetland areas delineated in the plans. Place erosion control measures around the wetlands as shown on the plans. No construction work or construction equipment is permitted within this delineated area. If applicable for bridge construction, construct drilled shafts outside of this delineated area. Secure approval for the locations of field offices,material storage sites, material disposal sites,plants,borrow pits, etc. m wntmg before use to ensure that the proposed location is not within Jurisdictional Waters of the Umted States (wetlands). Do not store any material in Waters of the United States inside the right of way without written approval. Before construction operations begin,provide a drawmg of the location of proposed temporary access roads, haul roads, or temporary fill used during construction operations to ensure that they are not within Jurisdictional Waters of the United States. If the Contractor elects to use an area not permitted and determined to be within Jurisdictional Waters of the United States dunng the prosecution of the work, the Contractor will hold the General Notes Sheet H Paae 261 of 539 County: Brazoria Highway: Smith Ranch Road Control: 0912 31 293 Department harmless for delays caused by procunng the necessary permits from the Umted States Army Corps of Engineers. Mamtain the roadway slope stability Mamtainmg slope stability is subsidiary to the various bid items. The nesting/breeding season for migratory birds is February 15 through September 30 Conduct any tree removal outside of the migratory bird nesting season. If this is not possible due to scheduling, then exercise caution to remove only those trees with no active nests. Do not destroy nests on structures or in trees within the project limits during the nesting / breeding season. Take measures to prevent the building of nests on any structures or trees within the project limits throughout the duration of the construction if work/removal will be performed during the nesting /breeding season. This can be accomplished by application of bird repellent gel,netting by hand every 3 to 4 days, or any other non-threatening method approved by the Houston District Environmental Section. Obtain this approval well in advance of the planned use. Contact the Houston District Environmental Section at 713-802-5244 The cost of this work is subsidiary to the various bid items. No sigmficant traffic generator events have been identified. Item 8: Prosecution and Progress Create,maintain,and submit for approval,a Critical Path Method(CPM)project schedule using computer software that is fully compatible with the latest version of Primavera Systems,Inc or Pnmavera Project Planner(P3 or P6). The City of Pearland will supply bidders,upon written request, one electromc copy of the time determination schedule. The time determination schedule provided is for informational use only and is not intended for bidding or construction purposes. The City of Pearland will not adjust the number of days for the project and milestones, if any, due to differences in opinion regarding any assumptions made in the preparation of the schedule or for errors, omissions, or discrepancies found in the time determination schedule. Contract days will be computed and charged based on a Calendar Day in accordance with Section 8L.3 1.5 Provide a virus-free computer disk or other acceptable electronic media containing the Primavera construction schedule. Item 100: Preparing Right of Way Clean existing ditches under fill sections of undesirable materials including grass, muck, and trash. Perform this work m accordance with the Construction section of the Item, "Preparing Right of Way" This work is subsidiary to this bid Item. General Notes Sheet I Paae 262 of 539 County. Brazoria Highway: Smith Ranch Road Control: 0912 31 293 The Item, "Preparing Right of Way" will be measured for payment only m those designated areas shown on the plans. Preparing right of way necessary to perform construction that is outside designated areas is subsidiary to this bid Item. Remove abandoned utilities that are in conflict with the new utilities, at no expense to the Department. Reestablish and maintain right of way stakes after completing the right of way preparation activities and until the new utilities are in place. Remove and assume ownership of the existing ground mounted signs withm the limits of roadway construction unless otherwise noted or directed. This work is subsidiary to the Item, "Preparing Right of Way" Item 104: Removing Concrete Removing concrete curb is paid as a separate bid item if the existing pavement on which it rests is not removed at the same time. Item 105: Removing Treated and Untreated Base and Asphalt Pavement Removing curb on cement-treated and untreated base or on cement treatment being removed at the same time is subsidiary to this bid Item. Item 110: Excavation If manipulating the excavated material requires moving the same material more than once to accomplish the desired results,the excavation is measured and paid for only once regardless of the manipulation required. Transition the ditch grades and channel bottom widths at structure locations. Use only approved channel excavation m the embankment. The total excavation quantity shown on the plans includes the quantity for excavating to 2 ft. behind the back of the proposed curb Excavate, strip, and stockpile the top 6 in. of existing topsoil only at locations shown in the plans. The salvaged quantity is shown in the plans. Reuse the topsoil under the Item,"Topsoil" including measurement and payment. Item: 132 Embankment If salvaged base is used for the embankment material,break it mto small pieces to achieve the required density and to facilitate placmg in the embankment. Obtain approval of the material before placing in the embankment. Furnish Type C material with a maximum Liquid Limit(LL)of 65,a mimmum Plasticity Index (PI) of 5, and composed of suitable earth material such as loam, clay, or other materials that form a suitable embankment. General Notes Sheet J Page 263 of 539 County: Brazoria Highway: Smith Ranch Road Control: 0912 31 293 The embankment material used on the project which has a Liquid Limit exceedmg 45 will be tested for Liquid Limits at the rate of one test per 20,000 cu. yd. or per total quantity less than 20,000 cu.yd.,unless otherwise directed. Only use material that passes the above tests. For unpaved areas,provide a finished grade with the top 4 in. capable of sustaining vegetation. Use fertile soil that is easily cultivated,free from objectionable material and highly resistant to erosion. Topsoil work is paid under the Item, "Topsoil." Item 161: Compost Item 162: Sodding for Erosion Control Item 164: Seeding for Erosion Control Item 166: Fertilizer Item 168: Vegetative Watering Refer to the "Fertilizer, Seed, Sod, Straw, Compost, and Water" plan sheet for material specifications, application rates, and for watering requirements. Item 170: Irrigation System The following sentences are removed from the TxDOT Item 170 Specification. "Electrical Service,"will be measured and paid for under Item 628,"Electrical Services."Power and water consumed will be paid for by the Department unless otherwise shown on the plans. Backflow preventer, system inspection, and maintenance fees will be paid by the Department unless otherwise shown on the plans. Required materials will be provided by the Contractor as shown on the Irrigation Plan, Schedule, and Notes Sheets m the Project Drawings. The Contractor will be responsible for water and electricity payments until substantial completion is achieved. Provide Weathermatic controllers with SmartLmk Aircards, flow meters,and weather sensors. Item 204: Sprinkling Perform subsidiary sprinkling as required under various other items in accordance with the Item, "Sprinkling." Sprinklmg for dust control is subsidiary to the various bid items. , Item 260: Lime Treatment(Road-Mixed) For slurry placing, before discharging through the distributors, sufficiently agitate or mix the lime and water to place the lime in suspension and to obtain a uniform mixture. The Engineer will observe the lime treatment that the Contractor elects to open to construction traffic immediately after compaction. If the construction traffic damages the,subgrade, route the traffic off the damaged section in accordance with the standard specification. If the construction traffic does not damage the subgrade, cure the subgrade until other courses of material cover it. Apply these courses within 14 days with a maximum curing period of 7 days. Place the hydrated and the commercial lime as a water suspension or slurry according to the slurry placing method shown in Section 260 4.3.2, "Slurry Placement." General Notes Sheet K Paae 264 of 539 County: Brazoria Highway: Smith Ranch Road Control: 0912 31 293 Use the type of line at particular locations as directed. Place the quicklime dry or as a slurry For the dry quicklime, a spreader box is not required if the lime material is evenly distributed. In limited areas, the Contractor may construct the lime slurry subgrade under a sequence of work in which the application,mixmg,and compaction are completed in the same working day, if approved by the Engineer Provide documentation from certified public scales showing gross, tare, and net weights. Provide producer's delivery tickets also showing gross, tare, and net weights. Completely empty the lime trailers at the project site. The Engineer may direct the Contractor to reweigh any shipment of lime on certified scales. The cost of this operation is subsidiary to the Item, "Lime Treatment(Road-Mixed)." The percentage of lime shown on the plans is estimated on the basis of engineering tests. If soil tests made during construction indicate properties different than those originally anticipated, the Engineer may vary the percentage of the lime to provide soil characteristics similar to those of the preliminary tests. Mix the lime with the new base material m an approved pug mill type stationary mixer Item 292: Asphalt Treatment(Plant-Mixed) If usmg the iron ore topsoil as the primary aggregate,meaning 80 percent or more by weight of the total mixture, the requirements for the water susceptibility test are waived. Mixtures containing the iron ore topsoil are exempted from test methods TEX-217-F (Part I, separation of deleterious matenal and Part II, decantation test for coarse aggregate) and TEX- 203-F (Sand Equivalent Test). Assume responsibility for proportioning the materials entering the asphalt mixture, regardless of the type of plant used. Furnish the mix designs for approval. Compact the courses to a minimum density of 95 percent of the maximum density as determined using test method TEX-126-E. If blending the materials,perform the Wet Ball Mill test for the composite aggregate. Form bituminous mix incorporating 3.5 to 7 percent asphaltic binder by dry weight. Item 340: Dense-Graded Hot Mix Asphalt(Small Quantity) Dilution of tack coat is not.allowed. Item 341: Dense-Graded Hot Mix Asphalt Unless otherwise shown on the plans,RAP generated by this project will become the property of the Contractor for use in the current construction project or m future projects. Taper the asphalt concrete pavement at the beginning and ending points. General Notes Sheet L Paae 265 of 539 County: Brazoria Highway. Smith Ranch Road Control: 0912 31 293 Use a maximum 6H.1 V slope for the asphalt concrete pavement edge. Where the 6H.1 V ACP edge taper extends over onto the unsurfaced shoulders, blade off the loose existmg shoulder material to provide a solid base for the outside taper edge. After placmg the ACP overlay,blade this material back against the edge taper. This work is subsidiary to the various bid items. The stockpile will be the pomt of sampling of coarse aggregate for test method TEX-217-F (Part II, decantation). Place the asphalt concrete pavement in courses as shown on the typical sections. Do not use petroleum-based solvents in the beds of hot mix asphalt delivery vehicles. Dilution of tack coat is not allowed. Item 360: Concrete Pavement Where the pavement curb is left off for a later tie,provide the dowels or the tie bars as indicated on the paving detail sheets The dowel bars and tie bars are subsidiary to the various bid items. Repair portions of the concrete pavement surfaces that are damaged while in a plastic state before that area receives permanent pavement markings and opens to traffic. Perform repairs that are structurally equivalent to and cosmetically uniform with the adjacent undamaged areas. Do not repair by grouting onto the surface. On pavement widening, hand finishing in place of the longitudinal float will be permitted. Where existing pavement is widened with new pavement,place the new pavement a mmimum of 2 ft. wide. Equip the batching plants to proportion by weight,aggregates and bulk cement,using approved proportioning devices and approved automatic scales. For mono curb, the curb height transitions will be paid at the contract unit pnce of the larger curb height m the transition. The 2.5-in. laydown curbs for driveways will be paid at the unit price bid for the Item, "Cone Curb(Mono) (Ty II) ", High-early strength cement may be used for frontage road and city street intersection construction with Pearland prior approval. Do not use limestone dust of fracture as fine aggregate. If the concrete design requires greater than 5.5 sacks of cementitious material per cubic yard, obtain written approval. If placing concrete pavement mixes from April 1 to October 31, inclusive,use Mix Design Option 1 as specified in Section 421 4.2 6 1 Perform saw cutting as shown on the plans in accordance with Section 360 4 10, "Sawing Joints."This saw cutting is subsidiary to this bid Item. The pay limits for concrete pavements with traffic rails extends to the outside edge or back of the traffic rail. General Notes Sheet M Page 266 of 539 County: Brazoria Highway- Smith Ranch Road Control: 0912 31 293 Complete the entire Fast Track Concrete construction process, from the time the Fast Track Work Area is closed to traffic, to the time the Fast Track Work Area is opened to traffic. The Fast Track operation includes, but is not limited to, traffic control, existing pavement and subgrade removal, preparation of subgrade, placement of steel, placement of Fast Track concrete pavement, cure time, striping, etc. Perform work in the Fast Track Work Area in an expeditious manner,withm the allowable time penod for any area shown below- Fast Track Work Area Allowable Duration 1 Smith Ranch Road Sta 27+04 to Sta 27+72 2 weekdays maximum Failure to perform any Fast Track Work Area construction within the above time frames will be cause for the Engineer to require the Contractor to shut down all other construction operations to ensure all resources are directed toward the completion of the Fast Track operation. This shutdown will remain in force until the Fast Track operation is complete. Such a shutdown will not warrant additional time, time suspension, or any additional costs to the Department. Unless otherwise directed in wntmg, provide Class HES concrete with a minimum average flexural strength of 425 psi or a minimum average compressive strength of 3,000 psi in 16 hours. When directed in writing, open the pavement to traffic before the minimum requirements have been attained. When needed, place and remove forms in accordance with Section 360 4.5, except do not remove forms until at least 6 hours after concrete has been placed. The time for the form removal may be extended with the direction of the Engineer if weather or other conditions make it advisable Sprinkling and rolling, required for the compaction of the rough subgrade in advance of fine- grading are subsidiary to this Item. Maintenance of a moist condition of the subgrade m advance of fine-gradmg and concrete is subsidiary work, as provided above_ Items 360,420, and 421: All Concrete Items For the City of Pearland's concrete cylinder split samples, as per Specification Clause 360 4.2. transport the test cylinders to the independent lab employed by the City of Pearland and provide the result to the concerned City Engineer When applicable transporting the test cylinder is subsidiary to the various bid items. The approach pavement is paid for under the Item, "Concrete Pavement." Item 400: Excavation and Backfill for Structures Plugging existing pipe culverts is subsidiary to the various bid items. If Recycled Cement Treatment (Type D) is included in the plans, the following additional requirements apply- General Notes Sheet N Paae 267 of 539 County Brazoria Highway- Smith Ranch Road Control: 0912 31 293 1 Use only approved sand, crushed concrete, or salvaged base free from deleterious matter, as aggregate for cement-stabilized backfill. 2. Provide crushed concrete or salvaged base backfill material in accordance with the Item, "Cement Treatment (Plant-Mixed)(Type D)" (base or crushed concrete), except the recycled Type D material must not contain Reclaimed Asphalt Pavement(RAP). 3 For backfill material below the spring line of pipes,use cement-stabilized sand rather than Recycled Type D backfill material. 4 For the cement-stabilized sand backfill, use a mmimum of 7 percent of hydraulic cement based on the dry weight of backfill material. The cement content for the crushed concrete and salvaged base is specified in the Item, "Cement Treatment(Plant-Mixed) (Type D) " 5 Place and compact the stabilized backfill material using a gradation that provides a dense mass without segregating and is impervious to passing of water Item 416: Drilled Shaft Foundations Include the cost for furnishing and installing anchor bolts mounted m the drilled shafts m the unit bid price for the various diameter drilled shafts. The Department may test usmg ultrasonic methods the anchor bolts for overhead sign supports, light standards, and traffic signal poles after they are installed. Replace faulty anchor bolts as directed. Do not weld the anchor bolts. Item 420: Concrete Substructures Unless otherwise noted,use Class C concrete with an ordinary surface finish for signal,lighting, or sign structure foundations. Item 421: Hydraulic Cement Concrete Entrained air is required in all slip formed concrete (bridge rail, concrete traffic bamer, pavement, etc), but is not required for other structural concrete Adjust the dosage of air entraining agent for low air content as directed or allowed by the Engmeer If entramed air is provided where not required, do not exceed the manufacturer's recommended dosage. Item 427: Surface Finishes for Concrete Provide a Surface Area I finish for structures. Use concrete paint for the surface fuush. Item 432: Riprap If stone nprap is shown on the plans, use common stone nprap in accordance with Section 432.2.3.3, placed dry in accordance with Section 432.3.2.3 Do not grout. Crushed concrete may also be used. General Notes Sheet 0 Paae 268 of 539 County Brazoria Highway Smith Ranch Road Control: 0912 31 293 Item 449: Anchor Bolts Pipe joint compound, as used in this Item, is an electrically conducting protective thread lubricant compound to be used on the foundation anchor bolts for illuminations poles(Crouse- Hinds TL-2, Oz/Gedney Stl, or Thomas &Betts Kopr-Shield) Item 450: Railing Provide a 3/4-in. longitudinal chamfer to the TY E handrail concrete foundation. The cost of this is subsidiary to the Item, "Rail." Item 462: Concrete Box Culverts and Drains Item 464: Reinforced Concrete Pipe Concrete collars are subsidiary to the various bid items including those that may be required for stage construction. Rubber gaskets are required for concrete pipe joints except for connections of safety end treatments, driveway culverts, and Jomts between the existing pipes and extensions. Open, install, and backfill each section, or a portion of a section, m the same day at locations requiring pipe culverts under existing roadways. Place the pipe drains across existmg roadways half at a time to allow passage of traffic. No trenches may remain open overnight. Known locations of existing stub-outs are shown on the plans, but these stub-outs may be m a different position or condition. Delays, inconveniences, or additional work required will not be a basis for additional compensation. Provide leave-outs or holes in the proposed storm drain structures and pipes for drainage during interim construction. This work is subsidiary to the various bid items. The flowline elevations of side road structures are based on the proposed ditches. Field-verify these elevations and adjust them as necessary to meet the field conditions Before placing these structures,prepare and submit for approval,the data(revised elevation,alignment,length,etc.) for the adjusted structures. If groundwater is encountered while mstallmg the storm drain system, install a suitable dewatenng system to facilitate construction of the storm drains. The costs for materials and labor required to install and mamtam this system are subsidiary to the Item, "Reinforced Concrete Pipe." Item 465: Junction Boxes,Manholes,and Inlets If required on the plans,build manholes and inlets to stage 1 construction,cover with temporary pavement, and complete m a later phase of construction. This temporary covering and pavement are subsidiary to the various bid items. Construct manholes and inlets in graded areas, first to an elevation at least 4 in. above the top of the highest entering pipe and cover with a wooden cover. Complete the construction of such General Notes Sheet P Pane 969 of S39 County: Brazoria Highway: Smith Ranch Road Control: 0912 31 293 manholes and inlets to the finished elevation when completing the grading work for such manholes and inlets. Adjust the final elevation,if required,since this elevation is approximate. Construct manholes and mlets in paved areas to an elevation so their temporary wooden covers are flush with the surface of the base material. Do not leave excavations or trenches open overnight. Mixing of materials, stonng of materials, storing of equipment, or repairing of equipment on top of concrete pavement or bridge decks will not be permitted unless specifically authonzed. Permission will be granted if, in the opinion of the Engineer, storage of the materials will not cause damage or discoloration. Any damage resulting from this work will be corrected at the Contractor's expense. Supply manhole and inlet covers with the standard City of Pearland logo Item 496: Removing Structures Do not permit debris resulting from the structure removal or construction activities to enter a natural or manmade waterway such as drainage channels, rivers, streams, bays, etc. Remove debris which falls into such waterways. This work is subsidiary to the Item, "Removing Structures." Item 502: Barricades,Signs, and Traffic Handling Use a traffic control plan for handlmg traffic through the various phases of construction. Follow the phasing sequence unless otherwise agreed upon by the Area Engineer and the Project Manager Ensure this plan conforms to the latest"Texas Manual on Uniform Traffic Control Devices" and the latest Barricade and Construction(BC) Standard Sheets. The latest versions of Work Zone Standard Sheets WZ (BTS-1) and WZ (BTS-2) are the traffic control plan for the signal installations. Submit changes to the traffic control plan to the Area Engineer Provide a.layout showmg the construction phasing, signs, stripmg, and signalizations for changes to the original traffic control plan. Furnish and maintain the barricades and warning signs, mcludmg the necessary temporary and portable traffic control devices,during the various phases of construction. Place and construct these barricades and warning signs in accordance with the latest "Texas Manual on Uniform Traffic Control Devices" for typical construction layouts. Cover work zone signs when work related to the signs is not in progress, or when any hazard related to the signs no longer exists. Keep the delineation devices, signs, and pavement markings clean. This work is subsidiary to the Item, "Barricades, Signs, and Traffic Handling." If a section is not complete before the end of the workday, pull back the base matenal to the existing pavement edge on a 6H. 1 V slope. Edge drop-offs during the hours of darkness are not permitted. General Notes Sheet Q Page 270 of 539 County: Brazoria Highway Smith Ranch Road Control: 0912 31 293 Before detourmg traffic onto the mamlane shoulders,remove dirt,debris,vegetation,and other deleterious material from the surface of the shoulders. Appropnately sign the detour in an approved manner This work is subsidiary to the various bid items. Coordinate and schedule the work with the appropnate Metro representative if requiring access to the High Occupancy Vehicle lanes. Cover or remove the permanent signs and construction signs that are mcorrect or that do not apply to the current situation for a particular phase. Replace the overhead signs, informational signs, and exit signs to be removed,with temporary signs providing the correct information to the traveling public. Size the replacement signs and include them in the traffic control plan. Do not mount signs on drums or barricades, except those listed in the latest Barricades and Construction standard sheets. Use traffic cones for daytime work only Replace the cones with plastic drums during nighttime hours. Place positive barriers to protect drop-off conditions greater than 2 ft.within the clear zone that remain overnight. Do not reduce the existing number of lanes open to traffic. Law enforcement assistance will be required for this project and is expected to be required for major traffic control changes and lane closures. Coordmate with local law enforcement and arrange for law enforcement as directed or agreed by the Engmeer Before payment will be made, complete the "Daily Report on Law Enforcement Force Account Work" (Form 318), provided by the Department and submit daily invoices that agree with this form for any day during the month in which approved services were provided. Provide full-time, off-duty, uniformed, certified peace officers, as part of traffic control operations. The peace officers must be able to show proof of certification by the Texas Commission on Law Enforcement Officers Standards. The cost of the officers is paid for on a force account basis. A minimum of 7 days m advance of any total closure, notify the Houston District Public Information Office of which roadways, ramps, intersections, or lanes will be closed, the dates they will remain closed, and when they will be opened again to traffic. A minimum of 7 days m advance of any total closure, place a portable changeable message (PCM)sign at the location of each total closure which informs the traveling public of the details of the closure. Alternately,if the Traffic Control Plan provides a positive bamer at the location, a non-trailer mounted static message board sign behind the positive barrier may be used m place of a PCM. Item 504: Field Office and Laboratory Furnish one Field Office meeting the requirements of City of Pearland Specification 01500, 1 06 Field Office, Paragraph B General Notes Sheet R Page 271 of 539 County:Brazoria Highway Smith Ranch Road Control: 0912 31 293 Item 506: Temporary Erosion, Sedimentation and Environmental Controls A Storm Water Pollution Prevention Plan(SWP3)is required. Since the disturbed area is more than 5 acres, a"Notice of Intent"(NOI)is also required. Use appropriate measures to prevent,minimize, and control the spill of hazardous materials in the construction staging area. Remove and dispose of materials m compliance with State and Federal laws. Before starting construction, review with the Engineer the SWP3 used for temporary erosion control as outlined on the plans. Before construction, place the temporary erosion and sedimentation control features as shown on the SWP3 Schedule the seeding or sodding work as soon as possible. The project schedule provides for a vegetation management plan. After completing earthwork operations, restore and reseed the disturbed areas in accordance with the Department's specifications for permanent or temporary erosion control. Implement temporary and permanent erosion control measures to comply with the National Pollution Discharge Elimination System(NPDES) general permit under the Clean Water Act. Before starting grading operations and durmg the project duration, place the temporary or permanent erosion control measures to prevent sediment from leaving the right of way The Contractor will designate a clean out area for concrete trucks.No other area will be allowed without approval of the Engineer Item 512: Portable Traffic Barrier After completing the project, Standard Height Safety Shape Portable Traffic Barriers used for traffic handling and the associated connecting hardware will become the property of the Contractor If placing the portable traffic barrier on pre-stressed concrete box beams with exposed reinforcing steel,protect the reinforcing steel by supporting the portable traffic barrier on 4 in. by 4 in. timbers. Place the timbers transversely and space them on 4 ft. centers. The cost of the labor and materials to perform this work are subsidiary to the Item, "Portable Traffic Barrier" Item 514: Permanent Concrete Traffic Barrier Add a 3/4-in. longitudinal chamfer to the Single Slope Concrete Barner (SSCB) railing. Provide a continuous chamfer typically located 6 in. above the final grade The cost of this is subsidiary to the Item, "Permanent Concrete Traffic Barrier" Item 529: Concrete Curb, Gutter,and Combined Curb and Gutter Item 530: Intersections,Driveways, and Turnouts Item 531: Sidewalks An air-entrammg admixture is not required. General Notes Sheet S Page 272 of 539 County: Brazoria Highway Smith Ranch Road Control: 0912 31 293 For concrete curbs, use Grade 7 aggregate conformmg to Section 421.2.6 of the Item, "Hydraulic Cement Concrete." For driveways and turnouts, coarse aggregate Grade No 3 through No. 8 conforming to the gradation requirements specified m the Item, "Hydraulic Cement Concrete"will be permitted. For reinforcing steel in sidewalks and pedestrian ramps, use No 4 bars at a maximum 18 in. spacing center-to-center in both directions. Item 542: Removing Metal Beam Guard Fence Remove and assume ownership of unsalvageable metal beam guard fence rail elements and posts. Transport and store any functional, salvageable rail elements, including steel posts, which are not reused m this project as directed to the City of Pearland maintenance or TxDOT's maintenance yards located in Brazona County Replace removed wood posts which are unusable because of damage by the Contractor, at no expense to the City of Pearland. Item 585: Ride Quality for Pavement Surfaces To eliminate the need for corrective action due to excessive deviations in the fmal surface layers, exercise caution to ensure satisfactory profile results m the intermediate pavmg layers (mixture). Milling will not be allowed as a corrective action for excessive deviations in the final surface layer of hot-mix asphalt. For Jointed Reinforced Concrete Pavement(JRCP),use Surface Test Type A. For all other roads (cross streets and intersections),use Surface Test Type A. Item 624: Ground Boxes The ground box locations are approximate. Alternate ground box locations may be used as directed, to avoid placing in sidewalks or driveways. Contact Yolci Ramirez, Traffic Engineer at 281-652-1686 for equipment tie-in information. Ground metal ground box covers. Bond the ground box cover and ground conductors to a ground rod located in the ground box and to the system ground. Ground the existing metal ground box covers as shown on the latest standard sheet ED (4)-14 During construction and until project completion,provide personnel and equipment necessary to remove ground box lids for inspection. Provide this assistance within 24 hours of notification. Construct concrete aprons in accordance with the latest standard sheet ED(4)-14 Make the depth of the concrete apron the same as the depth of the ground box, except for Type 1 and Type 2 ground boxes. For Type 1 or Type 2 ground boxes, construct the concrete apron in accordance with details shown on the "Ground Box Details Installations" standard. General Notes Sheet T Paae 273 of 539 County Brazoria Highway Smith Ranch Road Control: 0912 31 293 Item 636: Signs For design details not shown on the plans, provide signs and arrows conforming to the latest "Standard Highway Sign Designs for Texas"manual. Item 644: Small Roadside Sign Assemblies Sign locations shown on the plans are approximate. Before placing them, obtain approval of and then stake the exact locations for these signs. Use the Texas Umversal Tnangular Shp Base with the concrete foundation for small ground mounted signs,unless otherwise shown in the plans. Remove existing street name signs from existing stop signs and re-install them above the new stop signs. Removing and re-installing existing street name signs is subsidiary to the Item, "Small Roadside Sign Assemblies." When design details are not shown on the plans, provide signs and arrows conformmg to the latest"Standard Highway Sign Designs for Texas"manual. Provide and install the matenals for speed limit signs. For speed limit signs that are indicated with"XX,"the Area Engineer will request a speed study through the Director of Transportation Operations to determine the legal speeds to be posted. This request will be made as soon as possible after the roadway opens to traffic After the speed limit to be posted is determined, this information will be provided to the Contractor by the Area Engineer Use Type E Super High Specific Intensity (Fluorescent Prismatic) yellow green reflective sheeting background to fabricate school signs (51-1, S3-1, S4-3, S5-1, W16-2, SW16-9p, and SW1 6-7pL(R)) Assume ownership of the removed existing signs. Locations of the relocated signs are approximate. Before placing them, obtain approval of and then stake the exact locations for these signs. Replace existing signs that become damaged during relocation at no expense to the Department. Item 656: Foundations for Traffic Control Devices Excavating and disposing of surplus materials for lighting standard foundations are subsidiary to the roadway illumination assembly foundation. Dispose of surplus excavated material. Use rigid metal conduit(RMC)for stub-outs in foundation and concrete structures. These stub-outs are subsidiary to the drilled shaft foundations. Using ready mix concrete for sign foundations is optional. Item 662: Work Zone Pavement Markings At the end of each workday, mark roadways that remain open to traffic during construction operations with standard pavement markings, in accordance with the latest"Texas Manual on Umform Traffic Control Devices." General Notes Sheet U Pane 774 of 539 County: Brazoria Highway: Smith Ranch Road Control: 0912 31 293 Using raised markers for removable work zone pavement markings on final concrete surfaces is optional. Do not use raised pavement markers as optional work zone pavement markings on final asphalt surfaces. For transition lane lines and detour lane lines,use raised pavement markers as shown for solid lines on the latest Barricade and Construction standard sheet for "Work Zone Pavement Marking Details." Item 662: Work Zone Pavement Markings Item 666: Reflectorized Pavement Markings Item 668: Prefabricated Pavement Markings Use a 0 100 in. (100 mil) thickness for thermoplastic pavement markings,measured to the top of the thermoplastic,not including the exposed glass beads. For roadways with asphalt surfaces to be striped with work zone or permanent thermoplastic markings,the Contractor has the option to apply paint and beads markings for a maximum 30- day period until placmg the thermoplastic markings, or until starting the succeeding phase of work on the striped area. Maintain the paint and beads markings, at no expense to the Department,until placing the thermoplastic markings or starting the succeeding phase of work on the striped area. The work zone markings, whether paint and beads or thermoplastic, are paid under the Item,"Work Zone Pavement Markings"and the markings are paid for only once for the given phase of construction. If using paint and bead markings as described above, purchase the traffic paint from the open market. If the Type II markings become dirty and require cleaning by washing,brushing, compressed air, or other approved methods before applying the Type I thermoplastic markings, this additional cleaning is subsidiary to the Item, "Reflectorized Pavement Markings." Establish the alignment and layout for work zone striping and permanent striping. Stripe all roadways before openmg them to traffic. Place pavement markings under these items in accordance with details shown on the plans,the latest"Texas Manual on Uniform Traffic Control Devices," or as directed. When design details are not shown on the plans,provide pavement markings for arrows,words, and symbols conforming to the latest"Standard Highway Sign Designs for Texas"manual. Place the pedestrian crosswalk pavement markings only after the pedestrian signals and push buttons are installed and operating. Item 672: Raised Pavement Markers If other operations are complete on the project and if the curing time period is not yet elapsed, the contract time will be suspended until the curing is done. General Notes Sheet V Page 275 of 539 County: Brazoria Highway- Smith Ranch Road Control: 0912 31 293 Before placing the raised pavement markers on concrete pavement,blast clean the surface using an abrasive-blasting medium. This work is subsidiary to the Item,"Raised Pavement Markers." Provide epoxy adhesive that is machme-mixed or nozzle-mixed and dispensed. Equip the machine or nozzle with a mechanism to ensure positive mix measurement control. Item 677: Eliminating Existing Pavement Markings and Markers Remove existing pavement marking§ on concrete or asphalt surfaces by flail milling or as directed. Item 678: Pavement Surface Preparation for Markings Do not blast clean asphalt concrete pavement. Clean asphalt concrete pavement as required under the applicable specifications or as directed. On new concrete pavement or on existing concrete pavement when placing a new stripe on a new location,remove the curing compounds and contamination from the pavement surface by flail milling or as directed. In addition, air-blast the surface with compressed air just before placing the new stripe. On existing concrete pavement when placmg a new stripe on an existing location, after removmg the existing stripe under the Item, "Eliminating Existing Pavement Markings and Markers," air-blast the surface with compressed air just before placing the new stripe. Do not clean concrete pavement by grinding. Item 6185: Truck Mounted Attenuators (TMA) and Trailer Attenuator (TA) A shadow vehicle with Truck Mounted Attenuators (TMA) is required as shown on the appropnate Traffic Control Plan (TCP) sheets. Truck Mounted Attenuators must meet the requirements of the Compliant Work Zone Traffic Control Device List. Level 3 Compliant TMAs are required for this project. Do not use Trailer Attenuators for this project. In addition to the shadow vehicles with TMAs that are specified as being required on the TCP layout sheets for this project, provide additional shadow vehicles with TMAs as shown on the TCP Standard sheets. The Contractor is responsible for determining if one or more of these operations will be ongomg at the same time to determine the total number of TMAs needed on the project. General Notes Sheet W Paae 276 of 539 County: Brazoria Highway- Smith Ranch Road Control: 0912 31 293 Basis of Estimate Item Description Limit and Rate ' Unit 260 Lime Treatment(Road-Mixed) SY For materials used as subgrade * • Lime(HYD, COM, or QK)(SLRY) or 7 %by weight based on TON QK(DRY) 110 Lb /Cu. Ft. subgrade 292 Asphalt Treatment(Plant-Mixed) 110 Lb / Sq Yd.-In. TON • Asphalt 5 %by weight • Aggregate 95 %by weight 340 Dense-Graded Hot Mix Asphalt(Small 110 Lb / Sq Yd.-In. TON Quantity) • Asphalt 6 %by weight Aggregate 94 %by weight *If used m existmg roadway base,rate will be determined on a case by case basis General Notes Sheet X Pape 277 of 539 County: Brazoria Highway- Smith Ranch Road Control: 0912 31 293 CITY OF PEARLAND GENERAL NOTES 1 Furnish one Field Office meeting the requirements of City of Pearland Specification 01500, 1 06 Field Office, Paragraph B 2. The contractor shall not dump any dirt or other materials onto a property being outside of the boundary of the permitted project and within the City of Pearland city limits without a valid Development/Grading Permit Issued to the offsite property owner by the City of Pearland Engineenng Department. If such dumping is to occur without a valid permit,the Contractor shall be solely responsible for the removal of any discarded dirt or other materials to an approved location at the contractor expense 3 On site Mechanical Sweepers (Road Broom) is required for the projects hauling dirt to and from the site in excess of 120 cubic yards per day 4 Contractor shall adequately protect existing structures, utilities, trees, shrubs, and permanent objects which are not scheduled to be removed as a part of this project.Prior to the removal of any trees a Clear and Grub Permit must be obtained from the Urban Forester 281 652 1983 5 Contractor shall maintain access to residential and commercial properties adjacent tothe work area at all times 6. On all pavement to be removed, including concrete dnveways and sidewalks, the pavement shall be sawcut to full depth prior to removal. 7 Contractor shall contact the City of Pearland Chief Engineering Inspector(James Nester) at 281 851.2314 to either schedule or notify him of a previously scheduled pre- construction meeting. The pre-construction meeting shall be held a minimum of 48 hours prior to the start of construction. 8 The contractor is not authorized to operate water/sanitary infrastructure utilities, owned or operated by the City of Pearland. Contractor shall contact the City of Pearland Public Works department to request City of Pearland Public Works authorized personnel to perform all utility operations. General Notes Sheet Y Paae 278 of 539 Special Provision to Item 000 - Nondiscrimination Arm,,, 1 DESCRIPTION All recipients of federal financial assistance are required to comply with various nondiscrimination laws including Title VI of the Civil Rights Act of 1964,as amended,(Title VI).Title VI forbids discrimination against anyone in the United States on the grounds of race,color,or national origin by any agency receiving federal funds. Owner,as a recipient of Federal financial assistance,and under Title VI and related statutes,ensures that no person shall on the grounds of race,religion(where the primary objective of the financial assistance is to provide employment per 42 U.S.C.§2000d-3),color,national origin,sex,age or disability be excluded from participation in,be denied the benefits of,or otherwise be subjected to discrimination under any of Owner's programs or activities. 2. DEFINITION OF TERMS Where the term"contractor"appears in the following six nondiscrimination clauses,the term"contractor"is understood to include all parties to contracts or agreements with the Owner 3. NONDISCRIMINATION PROVISIONS During the performance of this contract,the contractor agrees as follows: 3.1 Compliance with Regulations.The Contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation(hereinafter,"DOT") Title 49,Code of Federal Regulations,Part 21,as they may be amended from time to time,(hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this contract. 3.2. Nondiscrimination.The contractor,with regard to the work performed by it during the contract,shall not discriminate on the grounds of race,color,or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment.The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations,including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3.3. Solicitations for Subcontracts,Including Procurements of Materials and Equipment:In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract,including procurements of materials or leases of equipment,each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race,color,or national origin. 3.4 Information and Reports:The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto,and shall permit access to its books,records,accounts, other sources of information,and its facilities as may be determined by the Owner or the Texas Department of Transportation to be pertinent to ascertain compliance with such Regulations,orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Owner or the Texas Department of Transportation as appropriate,and shall set forth what efforts it has made to obtain the information. Page 279 of 539 3.5. Sanctions for Noncompliance.In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract,the Owner shall impose such contract sanctions as it,the Owner may determine to be appropriate,including,but not limited to: • withholding of payments to the contractor under the contract until the contractor complies,and/or • cancellation,termination or suspension of the contract,in whole or in part. 3.6. Incorporation of Provisions.The contractor shall include the provisions of paragraphs(3.1)through(3.6)in every subcontract,including procurements of materials and leases of equipment,unless exempt by the Regulations,or directives issued pursuant thereto.The contractor shall take such action with respect to any subcontract or procurement as the Owner may direct as a means of enforcing such provisions including sanctions for non-compliance:provided,however that,in the event a contractor becomes involved in,or is threatened with,litigation with a subcontractor or supplier as a result of such direction,the contractor may request the Owner to enter into such litigation to protect the interests of the Owner,and,in addition,the contractor may request the United States to enter into such litigation to protect the interests of the United States. Page 280 of 539 000-003L Special Provision to Item 000 -® Certification of Nondiscrimination in Employment ,Texas Department of Tlansportatlon 1. GENERAL By signing this proposal,the Bidder certifies that Bidder has participated in a previous contract or subcontract subject to the equal opportunity clause,as required by Executive Orders 10925,11114,or 11246,or if Bidder has not participated in a previous contract of this type,or if Bidder has had previous contract or subcontracts and has not filed,Bidder will file with the Joint Reporting Committee,the Director of the Office of Federal Contract Compliance,a Federal Government contracting or administering agency,or the former President's Committee on Equal Employment Opportunity,all reports due under the applicable filing requirements. Note—The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor(41 CFR 60-1 7(b)(1)),and must be submitted by Bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause.Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5.(Generally only contracts or subcontracts of$10,000 or under are exempt) Currently,Standard Form 100(EEO-1)is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1 7(b)(1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance,U.S.Department of Labor 1 04/2022 Page 281 of 539 000-004L Special Provision to Item 000 *0 Notice of Requirement for Affirmative Action to Ensure P rtment of T ansportation Equal Employment Opportunity (Executive Order 11246) 1. GENERAL In addition to the affirmative action requirements of the Special Provision titled"Standard Federal Equal Employment Opportunity Construction Contract Specifications"as set forth elsewhere in this proposal,the Bidder's attention is directed to the specific requirements for utilization of minorities and females as set forth below 2. GOALS 2.1 Goals for minority and female participation are hereby established in accordance with 41 CFR 60-4 2.2. The goals for minority and female participation expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area are as follows: Goals for minority participation Goals for female participation in each trade,% in each trade,% See Table 1 6.9 2.3. These goals are applicable to all the Contractors construction work(whether or not it is Federal or federally assisted)performed in the covered area.If the Contractor performs construction work in a geographical area located outside of the covered area,it will apply the goals established for such geographical area where the work is actually performed.With regard to this second area,the Contractor also is subject to the goals for both its federally involved and non-federally involved construction.The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 will be based on its implementation of the Standard Federal Equal Employment Opportunity Construction Contract Specifications Special Provision and its efforts to meet the goals.The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract,and in each trade,and the Contractor must make a good faith effort to employ minorities and women evenly on each of its projects.The transfer of minority and female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals will be a violation of the Contract,the Executive Order and the regulations in 41 CFR Part 60-4 Compliance with the goals will be measured against the total work hours performed. 2.4 A Contractor or subcontractor will be considered in compliance with these provisions by participation in the Texas Highway-Heavy Branch,AGC,Statewide Training and Affirmative Action Plan.Provided that each Contractor or subcontractor participating in this plan must individually comply with the equal opportunity clause set forth in 41 CFR 60-14 and must make a good faith effort to achieve the goals set forth for each participating trade in the plan in which it has employees.The overall good performance of other Contractors and subcontractors toward a goal in an approved plan does not excuse any covered Contractor's or subcontractor's failure to make good faith efforts to achieve the goals contained in these provisions. Contractors or subcontractors participating in the plan must be able to demonstrate their participation and document their compliance with the provisions of this Plan. 3. SUBCONTRACTING The Contractor must provide written notification to the Owner within 10 working days of award of any construction subcontract in excess of$10,000 at any tier for construction work under the Contract resulting from this solicitation pending concurrence of the Ownerin the award.The notification will list the names, 1 04/2022 Page 282 of 539 000-004L address and telephone number of the subcontractor;employer identification number;estimated dollar $ amount of the subcontract;estimated starting and completion dates of the subcontract;and the geographical area in which the Contract is to be performed. 4. COVERED AREA As used in this special provision,and in the Contract resulting from this solicitation,the geographical area covered by these goals for female participation is the State of Texas.The geographical area covered by these goals for other minorities are the counties in the State of Texas as indicated in Table 1 5. REPORTS The Contractor is hereby notified that he may be subject to the Office of Federal Contract Compliance Programs(OFCCP)reporting and record keeping requirements as provided for under Executive Order 11246 as amended.OFCCP will provide direct notice to the Contractor as to the specific reporting requirements that he will be expected to fulfill. Table 1 Goals for Minority Participation County Participation,% County Participation,% Anderson 22.5 Chambers 27 4 Andrews 18.9 Cherokee 22.5 Angelina 22.5 Childress .11.0 Aransas 44.2 Clay 12.4 Archer 11.0 Cochran 19.5 Armstrong 11.0 Coke 20.0 Atascosa 49.4 Coleman 10.9 Austin 27 4 Collin 18.2 Bailey. 19.5 Collingsworth 11.0 Bandera 49.4 Colorado 27 4 Bastrop 24.2 Carnal 47.8 Baylor 11.0 Comanche 10.9 Bee 44.2 Concho 20.0 Bell 16.4 Cooke 17.2 Bexar 47.8 Coryell 16.4 Blanco 24.2 Cottle 11.0 Borden 19.5 Crane 18.9 Bosque 18.6 Crockett 20.0 Bowie 19.7 Crosby 19.5 Brazoria 27.3 Culberson 49.0 Brazos 23.7 Dallam 11.0 Brewster 49.0 Dallas 18.2 Briscoe 11.0 Dawson 19.5 Brooks 44.2 Deaf Smith 11.0. Brown 10.9 Delta 17.2 Burleson 27 4. Denton . 18.2 Burnet 24.2 DeWitt 27 4 Caldwell 24.2 Dickens 19.5 Calhoun 27.4 Dimmit 49.4 Callahan 11.6 Donley 11.0 Cameron 71.0 Duval 44.2 Camp 20.2 Eastland 10.9 Carson 11.0 Ector 15.1 Cass 20.2 Edwards 49.4 Castro 11.0 Ellis 18.2 2 04/2022 Page 283 of 539 000-004L County Participation, % County Participation, % El Paso 57.8 Kenedy 44.2 Erath 17.2 Kent 10.9 Falls 18.6 Kerr 49.4 Fannin 17.2 K lmble 20.0 Fayette 27 4 King 19.5 Fisher 10.9 Kinney 49.4 Floyd 19.5 Kleberg 44.2 Foard 11.0 Knox 10.9 , Fort Bend 27.3 Lamar 20.2 Franklin 17.2 Lamb 19.5 Freestone 18.6 Lampasas 18.6 Frio 49.4 LaSalle 49.4 Gaines 19.5 . Lavaca 27.4 Galveston 28.9 Lee 24.2 Garza 19.5 Leon 27 4 Gillespie 49.4. Liberty 27.3 Glasscock 18.9 Limestone 18.6 Goliad 27 4 Lipscomb 11.0 Gonzales 49.4 Live Oak 44.2 Gray 11.0 Llano 24.2 Grayson 9.4 Loving 18.9 Gregg 22.8 Lubbock 19.6 Grimes 27 4 Lynn 19.5 Guadalupe 47.8 Madison 27 4 Hale 19.5 Marion 22.5 Hall 11.0 Martin 18.9 Hamilton 18.6 Mason 20.0 Hansford 11.0 Matagorda 27 4 Hardeman 11.0 Maverick 49.4 Hardin, 22.6 McCulloch 20.0 Harris 27.3 McLennan 20.7 Harrison 22.8 McMullen 49.4 Hartley 11.0 Medina 49.4 Haskell 10.9 Menard 20.0 Hays 24.1 Midland 19.1 Hemphill 11.0 Milam 18.6 Henderson 22.5 Mills 18.6 Hidalgo 72.8 Mitchell 10.9 Hill 18.6 Montague 17.2 Hockley 19.5 Montgomery 27.3 Hood 18.2 Moore 11.0 Hopkins 17.2 Moms 20.2 Houston 22.5 Motley 19.5 Howard 18.9 Nacogdoches 22.5 Hudspeth 49.0 Navarro 17.2' Hunt 17.2 Newton 22.6 Hutchinson 11.0 Nolan 10.9 Irion 20.0 Nueces 417 Jack 17.2 Ochiltree 11.0 Jackson 27 4 Oldham 11.0 Jasper 22.6 Orange 22.6 Jeff Davis 49.0 Palo Pinto 17.2 Jefferson 22.6 Panola 22.5 Jim Hogg 49.4 Parker 18.2 Jim Wells 44.2 Parmer 11.0 Johnson 18.2 Pecos 18.9 Jones 11.6 Polk 27 4 Karnes 49.4 Potter 9.3 Kaufman 18.2 Presidio 49.0 Kendall 49.4. . Randall 9.3 3 04/2022 Page 284 of 539 000-004L County Participation, % County Participation, % Rains 17.2 Reagan 20.0. Real 49.4 Throckmorton 10.9 Red River 20.2 Titus 20.2 Reeves 18.9 Tom Green 19.2 Refugio 44.2 Travis 24.1 Roberts 11.0 Trinity 27 4 Robertson 27 4 Tyler 22.6 Rockwall 18.2 Upshur 22.5 Runnels 20.0 Upton 18.9 Rusk 22.5 Uvalde 49.4 Sabine 22.6 Val Verde 49.4 San Augustine 22.5 Van Zandt 17.2 San Jacinto 27.4 Victoria 274 San Patricio 41.7 Walker 27.4 San Saba 20.0 Waller 27.3 Schleicher 20.0 Ward 18.9 Scurry 10.9 Washington 27 4 Shackelford 10.9 Webb 87.3 Shelby 22.5 Wharton 27 4 Sherman 11.0 Wheeler 11.0 Smith 23.5 Wichita 12.4 Somervell 17.2 Wilbarger 11.0 Starr 72.9 Willacy 72.9 Stephens . 10.9 Williamson 24.1 Sterling 20.0 Wilson 49.4 Stonewall 10.9 Winkler 18.9 Sutton 20.0 Wise 18.2 Swisher 11.0 Wood 22.5 Tarrant 18.2 Yoakum 19.5 Taylor 11.6 Young 11.0. Terrell 20.0 Zapata 49.4 Terry 19.5 Zavala 49.4 4 04/2022 Paae 285 of 539 000-005L Special Provision to Item 000 Standard Federal Equal Employment 0 ortuni ® . q . , Opportunity Teras Construction Contract Specifications �parimenf of 7iansporfaflon (Executive Order 11246) 1. GENERAL 1 1 As used in these specifications: • "Covered area"means the,geographical area described in the solicitation from which this Contract resulted; • "Director"means Director,Office of Federal Contract Compliance Programs,United States Department of Labor,or any person to whom the Director delegates authority; • "Employer identification number"means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return,U.S.Treasury Department Form 941 • "Minority"includes: • Black(all persons having origins in any of the Black African racial groups not of Hispanic origin); • Hispanic(all persons of Mexican,Puerto Rican,Cuban,Central or South American or other Spanish Culture or origin,regardless of race); • Asian and Pacific Islander(all persons having origins in any of the original peoples of the Far East, Southeast Asia,the Indian Subcontinent,or the Pacific Islands);and • American Indian or Alaskan Native(all persons having origins in any of the original peoples of North American and maintaining identifiable tribal affiliations through membership and participation or community identification). 1.2. Whenever the Contractor,or any Subcontractor at any tier,subcontracts a portion of the work involving any construction trade,it will physically include in each subcontract in excess of$10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this Contract resulted. 1.3. If the Contractor is participating(pursuant to 41 CFR 60-4.5)in a Hometown Plan approved by the U S. Department of Labor in the covered area either individually or through an association,its affirmative action obligations on all work in the Plan area(including goals and timetables)will be in accordance with that plan for those trades which have unions participating in the Plan.Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan.Each Contractor or Subcontractor participating in an approved,Plan is individually required to comply with its obligations under the equal employment opportunity(EEO)clause,and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees.The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 14 The Contractor will implement the specific affirmative action standards provided in Section 171 through Section 1 716.of these specifications.The goals set forth in the solicitation from which this Contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area.Covered construction Contractors performing Contracts in geographical areas where they do not have a Federal or federally assisted construction Contract will apply the minority and female goals established for the geographical area where the Contract is being performed.Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs office or any Federal procurement contracting officer The 1 04/2022 Pape 286 of 539 000-005L Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 1.5. Neither the provisions of any collective bargaining agreement,nor the failure by a union with whom the Contractor has a collective bargaining agreement,to refer either minorities or women will excuse the Contractor's obligations under these specifications,Executive Order 11246,or the regulations promulgated pursuant thereto. 1.6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period,and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training,subject to the availability of employment opportunities.Trainees must be trained pursuant to training programs approved by the U S.Department of Labor 1.7 The Contractor will take specific affirmative actions to ensure equal employment opportunity The evaluation of the Contractor's compliance with these specifications will be based upon its effort to achieve maximum results from its actions.The Contractor will document these efforts fully,and will implement affirmative action steps at least as extensive as the following: 171 Ensure and maintain a working environment free of harassment,intimidation,and coercion at all sites,and in all facilities at which the Contractor's employees are assigned to work.The Contractor,where possible,will assign two or more women to each construction project.The Contractor will specifically ensure that all foremen,superintendents,and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment,with specific attention to minority or female individuals working at such sites or in such facilities. 17.2. Establish and maintain a current list of minority and female recruitment sources,provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available,and maintain a record of the organizations'responses. 17.3. Maintain a current file of the names,addresses and telephone numbers of each minority and female off-the- street applicant and minority or female referral from a union,a recruitment source or community organization and of what action was taken with respect to each such individual.If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or,if referred,not employed by the Contractor,this will be documented in the file with the reason therefor,along with whatever additional actions the Contractor may have taken. 17 4 Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor,or when the Contractor has other information that the union referral Process has impeded the Contractor's efforts to meet its obligations. 1 7.5. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women,including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs,especially those programs funded or approved by the U.S. Department of Labor The Contractor will provide notice of these programs to the sources compiled under 7b above. 17.6. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations;by including it in any policy manual and Collective bargaining agreement;by publicizing it in the company newspaper,annual report,etc.,by specific review of the policy with all management personnel and with all minority and female employees at least once a year;and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. 1 7 7 Review,at least annually,the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring,assignment,layoff,termination or other 2 04/2022 Paae 287 of 539 000-005L employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents,General Foremen,etc.,before the initiation of construction work at any job site.A written record must be made and maintained identifying the time and place of these meetings,persons attending, subject matter discussed,and disposition of the subject matter 1 7.8. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media,and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. 17.9 Direct its recruitment efforts,both oral and written,to minority,female and community organizations,to schools with minority and female students and to minority and female recruitment and training organizations. serving the Contractor's recruitment area and employment needs.Not later than one month before the date for the acceptance of applications for apprenticeship or other training by any recruitment source,the Contractor will send written notification to organizations such as the above,describing the openings, screening procedures,and tests to be used in the selection process. 1710. Encourage present minority and female employees to recruit other minority persons and women and,where reasonable,provide after school,summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. 1 711 Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. 1 712. Conduct,at least annually,an:inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for,through appropriate training,etc.,such opportunities. 1 713. Ensure that seniority practices,job classifications,work assignments and other personnel practices,do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. 1 714 Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities will be provided to assure privacy between the sexes. 1 715. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers,including circulation of solicitations to minority and female contractor associations and other business associations. 1 716. Conduct a review,at least annually,of all supervisors'adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 1.8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations(Section 71 through Section 7 16.).The efforts of a contractor association,joint contractor-union,contractor-community,or other similar group of which the Contractor is a member and participant,may be asserted as fulfilling any one or more of its obligations under Section 71 through Section 716.of these Specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry,ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation,makes a good faith effort to meet its individual goals and timetables,and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor The obligation to comply,however,is the Contractor's and failure of such a group to fulfill an obligation will not be a defense for the Contractor's noncompliance. 1.9. A single goal for minorities and a separate single goal for women have been established.The Contractor, however,is required to provide equal employment opportunity and to take affirmative action for all minority groups,both male and female,and all women,both minority and non-minority Consequently,the Contractor 3 04/2022 Page 288 of 539 000-005L may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner(for example,even though the Contractor has achieved its goals for women generally,the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 1 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race,color,religion,sex,or national origin. 1 11 The Contractor will not enter into any Subcontract with any person or firm debarred from Government Contracts pursuant to Executive Order 11246. 1 12. The Contractor will carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause,including suspension,termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246,as amended,and its implementing regulations,by the Office of Federal Contract Compliance Programs.Any Contractor who fails to carry out such sanctions and penalties will be in violation of these specifications and Executive Order 11246,as amended. 1 13. The Contractor,in fulfilling its obligations under these specifications,will implement specific affirmative action steps,at least as extensive as those standards prescribed in paragraph 7 of these specifications,so as to achieve maximum results from its efforts to ensure equal employment opportunity If the Contractor fails to comply with the requirements of the Executive Order,the implementing regulations,or these specifications, the Director will proceed in accordance with 41 CFR 60-4.8. 1 14 The Contractor will designate a responsible official to monitor all employment-related activity to ensure that the company EEO policy is being carried out,to submit reports relating to the provisions hereof as may be required by the Government and to keep records.Records must at least include for each employee the name,address,telephone numbers,construction trade,union affiliation if any,employee identification number when assigned,social security number,race,sex,status(e.g.,mechanic,apprentice,trainee,helper, or laborer),dates of changes in status,hours worked per week in the indicated trade,rate of pay,and locations at which the work was performed.Records must be maintained in an easily understandable and retrievable form;however,to the degree that existing records satisfy this requirement,Contractors shall not be'required to maintain separate records. 1 15. Nothing herein provided will be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents(e.g.,those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 1 16. In addition to the reporting requirements set forth elsewhere in this Contract,the Contractor and the subcontractors holding subcontracts,not including material suppliers,of$10,000 or more,will submit for every month of July during which work is performed,employment data as contained under Form PR 1391 (Appendix C to 23 CFR,Part 230),and in accordance with the included instructions. 4 04/2022 Page 289 of 539 000-241 L Special Provision 000 Cargo Preference Act Requirements in Federal Aid of7Monsrtinent portation Contracts 1 DESCRIPTION All recipients of federal financial assistance are required to comply with the U.S.Department of Transportation's(DOT)Cargo Preference Act Requirements,46 CFR Part 381,Use of United States-Flag Vessels. This requirement applies to material or equipment that is acquired specifically for a Federal-aid highway project.It is not applicable to goods or materials that come into inventories independent of a Federal Highway Administration(FHWA)funded contract. When oceanic shipments are necessary for materials or equipment acquired for a specific Federal-aid construction project,the contractor agrees to: IN Utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross; tonnage(computed separately for dry bulk carriers,dry cargo liners,and tankers)involved,whenever shipping any equipment,material,or commodities pursuant to this contract,to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. Furnish a legible copy of a rated,on-board commercial ocean bill-of-lading in English for each sllprrentof cargo described in paragraph(b)(1)of 46 CFR Part 381 Section 7,"Federal Grant,Guaranty,Loan and Advance of Funds Agreements,"within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States,to both the Engineer(through the prime contractor in the case of subcontractor bills-of-lading)and to the Division of National Cargo,Office of Market Development, Maritime Administration,Washington,DC 20590. Insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract. 1 04/2022 Page 290 of 539 000-394L Special Provision to Item 000 *® Disadvantaged Business Enterprise in Federal-Aid ofent Contracts 1. DESCRIPTION The purpose of this Special Provision is to carry out the U.S.Department of Transportation's(DOT)policy of ensuring nondiscrimination in the award and administration of DOT-assisted Contracts and creating a level playing field on which firms owned and controlled by individuals who are determined to be socially and economically disadvantaged can'compete fairly for DOT-assisted Contracts. 2. DISADVANTAGED BUSINESS ENTERPRISE IN FEDERAL-AID CONTRACTS 2.1 Policy It is the policy of the DOT and the Texas Department of Transportation(Department)that DBEs,as defined in 49 CFR Part 26,Subpart A,and the Department's DBE Program,will have the opportunity to participate in the performance of Contracts financed in whole or in part with federal funds.The DBE requirements of 49 CFR Part 26,and the Department's DBE Program,apply to this Contract as follows. The Contractor will solicit DBEs through reasonable and available means,as defined in 49 CFR Part 26, Appendix A,and the Department's DBE Program,or show a good faith effort to meet the DBE goal for this Contract. The Contractor,subrecipient,or subcontractor will not discriminate on the basis of race,color,national origin, or sex in the performance of this Contract.Carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted Contracts.Failure to carry out these requirements is a material breach of this Contract,which may result in the termination of this Contract or such other remedy as the recipient deems appropriate. The requirements of this Special Provision must be physically included in any subcontract. By signing the Contract proposal,the Bidder is certifying that the DBE goal as stated in the proposal will be met by obtaining commitments from eligible DBEs or that the Bidder will provide acceptable evidence of good faith effort to meet the commitment. 2.2. Definitions. 2.2.1 Administrative Reconsideration.A process by which the low bidder may request reconsideration when the Department determines the good faith effort(GFE)requirements have not been met. 2.2.2. Commercially Useful Function(CUF).A.CUF occurs when a DBE has the responsibility for the execution of the work and carrying out such responsibilities by actually performing,managing,and supervising the work. 2.2.3. Disadvantaged Business Enterprise(DBE).A for-profit small business certified through the Texas Unified Certification Program in accordance with 49 CFR Part 26,-that is at least 51%owned by one or more socially and economically disadvantaged individuals,or in the case of a publicly owned business,in which is at least 51%of the stock is owned by one or more socially and economically disadvantaged individuals,and whose management and daily business operations are controlled by one or more of the individuals who own it. 2.2.4 DBE Joint Venture.An association of a DBE firm and one or more other firms to carry out a single business enterprise for profit for which purpose they combine their property,capital,efforts,skills,and knowledge,and 1 04/2022 Page 291 of 539 000-394L in which the DBE is responsible for a distinct,clearly defined portion of the work of the Contract and whose share in the capital contribution,control,management,risks,and profits of the joint venture are commensurate with its ownership interest. 2.2.5. DOT The U.S.Department of Transportation,including the Office of the Secretary,the Federal Highway Administration(FHWA),the Federal Transit Administration(FTA),and the Federal Aviation Administration (FAA). 2.2.6. Federal-Aid Contract.Any Contract between the Owner and a Contractor that is paid for in whole or in part with DOT financial assistance. 2.2.7 Good Faith Effort.All necessary and reasonable steps to achieve the contract goal which,by their scope, intensity,and appropriateness to the objective,could reasonably be expected to obtain sufficient DBE participation,even if not fully successful.Good faith efforts are evaluated prior to award and throughout performance of the Contract.For guidance on good faith efforts,see 49 CFR Part 26,Appendix A. 2.2.8. North American Industry Classification System(NAICS).A designation that best describes the primary business of a firm.The NAICS is described in the North American Industry Classification Manual—United States,which is available on the Internet at the U.S.Census Bureau website: http://www.census.gov/eos/www/naics/ 2.2.9. Race-Conscious.A measure or program that is focused specifically on assisting only DBEs,including women-owned businesses. 2.2.10. Race-Neutral DBE Participation.Any participation by a DBE through customary competitive procurement procedures. 2.2.11 Texas Unified Certification Program(TUCP)Directory An online directory listing all DBEs currently certified by the TUCP The Directory identifies DBE firms whose participation on a Contract may be counted toward achievement of the assigned DBE Contract goal. 2.3. Contractor's Responsibilities. 2.3.1 DBE Liaison Officer Designate a DBE liaison officer who will administer the Contractor's DBE program and who will be responsible for maintenance of records of efforts and contacts made to subcontract with DBEs. 2.3.2. Compliance Tracking System(CTS).This Contract is subject to Contract compliance tracking.Contractors and DBEs are required to provide any noted and requested Contract compliance-related data to the Owner This includes,but is not limited to,commitments,payments,substitutions,and good faith efforts.Contractors and DBEs are responsible for responding by any noted response date or due date to any instructions or request for information by the Owner 2.3.3. Apparent Low Bidder The apparent low bidder must submit DBE commitments to satisfy the DBE goal or submit good faith effort Form 2603 and supporting documentation demonstrating why the goal could not be achieved,in whole or part,no later than 5 calendar days after bid opening.The means of transmittal and the risk of timely receipt of the information will be the bidder's responsibility and no extension of the 5-calendar- day timeframe will be allowed for any reason. 2.3.4 DBE Contractor A DBE Contractor may receive credit toward the DBE goal for work performed by its own forces and work subcontracted to DBEs.In the event a DBE subcontracts to a non-DBE,that information must be reported monthly 2.3.5. DBE Committal.Only those DBEs certified by the TUCP are eligible to be used for goal attainment.The Directory can be accessed at the following Internet address: https://txdot.txdotcros.com/FrontEndNendorSearchPublic.asp?TN=txdot&XI D=2340 2 04/2022 Page 292 of 539 000-394L A DBE must be certified on the day the commitment is considered and at time of subcontract execution.It is the Contractor's responsibility to ensure firms identified for participation are approved certified DBE firms. The Bidder is responsible to ensure that all submittals are checked for accuracy Any and all omissions, deletions,and/or errors that may affect the end result of the commitment package are the sole liabilities of the bidder Commitments in excess of the goal are considered race-neutral commitments. 2.3.6. Good Faith Effort Requirements.A Contractor who cannot meet the Contract goal,in whole or in part, must make adequate good faith efforts to obtain DBE participation as so stated and defined in 49 CFR Part 26,Appendix A. 2.3.6.1 Administrative Reconsideration.If the Owner determines that the apparent low bidder has failed to satisfy the good faith efforts requirement,the Owner will notify the Bidder of the failure and will give the Bidder an opportunity for administrative reconsideration. The Bidder must request an administrative reconsideration of that determination within 3 days of the date of receipt of the notice.The request must be submitted directly to the Owner If a reconsideration request is timely received,the reconsideration decision will be made by the Owner's DBE liaison officer or,if the DBE liaison officer took part in the original determination that the Bidder failed to satisfy the good faith effort requirements,an Owner employee who holds a senior leadership position and reports directly to the executive officer,and who did not take part in the original determination will act as an administrative hearing officer The Bidder may provide written documentation or argument concerning whether the assigned DBE contract goal was met or whether adequate good faith efforts were made to meet the Contract goal. The DBE liaison or other Owner employee making the reconsideration determination may request a meeting with the Bidder to discuss whether the goal commitments were met or whether adequate good faith efforts were made to obtain the commitments to meet the Contract goal. The meeting must be held within 7 days of the date of the request submitted under this section.If the Bidder is unavailable to meet during the 7-day period,the reconsideration decision will be made on the written information provided by the Bidder The Owner will provide to the Bidder a written decision that explains the basis for finding that the Bidder did not meet the Contract goal or did not make adequate good faith efforts to meet the Contract goal,within 7 days of the date of the notice issued in this section. The reconsideration decision is final and not subject to administrative appeal. 2.3.7 Determination of DBE Participation.The work performed by the DBE must be reasonably construed to be included in the work area and NAICS work code identified by the Contractor in the approved commitment. Participation by a DBE on a Contract will not be counted toward DBE goals until the amount of the participation has been paid to the DBE. Payments made to a DBE that was not on the original commitment may be counted toward the Contract goal if that DBE was certified as a DBE before the execution of the subcontract and has performed a Commercially Useful Function. The total amount paid to the DBE for work performed with its own forces is counted toward the DBE goal. When a DBE subcontracts part of the work of its Contract to another firm,the value of the subcontracted work may be counted toward DBE goals only if the subcontractor is itself a DBE. 3 04/2022 Paae 293 of 539 000-394L DBE Goal credit for the DBE subcontractors leasing of equipment or purchasing of supplies from the Contractor or its affiliates is not allowed.Project materials or supplies acquired from an affiliate of the Contractor cannot directly or indirectly(second or lower tier subcontractor)be used for DBE goal credit. If a DBE firm is declared ineligible due to DBE decertification after the execution of the DBE's subcontract, the DBE firm may complete the work and the DBE firm's participation will be counted toward the Contract goal.If the DBE firm is decertified before the DBE firm has signed a subcontract,the Contractor is obligated to replace the ineligible DBE firm or demonstrate that it has made good faith efforts to do so. The Contractor may count 100%of its expenditure to a DBE manufacturer According to 49 CFR 26.55(e)(1)(i),a DBE manufacturer is a firm that operates or maintains a factory or establishment that produces,on the premises,the materials,supplies,articles,or equipment required under the Contract and of the general character described by the specifications. The Contractor may count only 60%of its expenditure to a DBE regular dealer According to 49 CFR 26.55(e)(2)(i),a DBE regular dealer is a firm that owns,operates,or maintains a store,warehouse, or other establishment in which the materials,supplies,articles,or equipment of the general character described by the specifications and required under the Contract are bought,kept in stock,and regularly sold or leased to the public in the usual course of business.A firm may be a regular dealer in such bulk items as petroleum products,steel,cement,gravel,stone,or asphalt without owning,operating,or maintaining a place of business if the firm both owns and operates distribution equipment for the products.Any supplementing of regular dealers'own distribution equipment must be by a long-term lease agreement and not on an ad hoc or contract-by-contract basis.A long-term lease with a third-party transportation company is not eligible for 60% goal credit. With respect to materials or supplies purchased from a DBE that is neither a manufacturer nor a regular dealer,the.Contractor may count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies,or fees or transportation charges for the delivery of materials or supplies required on a job site. A Contractor may count toward its DBE goal a portion of the total value of the Contract amount paid to a DBE joint venture equal to the distinct,clearly defined portion of the work of the Contract performed by the DBE. 2.3.8. Commercially Useful Function.It is the Contractor's obligation to ensure that each DBE used on federal-assisted contracts performs a commercially useful function on the Contract. The Owner will monitor performance during the Contract to ensure each DBE is performing a CUF Under the terms established in 49 CFR 26.55,a DBE performs a CUF when it is responsible for execution of the work of the Contract and is carrying out its responsibilities by actually performing,managing,and supervising the work involved. With respect to material and supplies used on the Contract,a DBE must be responsible for negotiating price, determining quality and quantity,ordering the material,installing the material,if applicable,and paying for the material itself. With respect to trucking,the DBE trucking firm must own and operate at least one fully licensed,insured,and operational truck used on the Contract.The DBE may lease trucks from another DBE firm,including an owner-operator who is certified as a DBE.The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the Contract.The DBE may also lease trucks from a non-DBE firm,including from an owner-operator The DBE that leases trucks equipped with drivers from a non-DBE is entitled to credit for the total value of transportation services provided by non- DBE leased trucks equipped with drivers not to exceed the value of transportation services on the Contract provided by DBE-owned trucks or leased trucks with DBE employee drivers.Additional participation by non- DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease arrangement. 4 04/2022 PaaP 294 of 539 000-394L A DBE does not perform a CUF when its role is limited to that of an extra participant in a transaction, Contract,or project through which funds are passed in order to obtain the appearance of DBE participation. The Owner will evaluate similar transactions involving non-DBEs in order to determine whether a DBE is an extra participant. If a DBE does not perform or exercise responsibility for at least 30%of the total cost of its Contract with its own work force,or the DBE subcontracts a greater portion of the work than would be expected on the basis of normal industry practice for the type of work involved,the Owner will presume that the DBE is not performing a CUF If the Owner determines that a DBE is not performing a CUF,no work performed by such DBE will count as eligible participation.The denial period of time may occur before or after a°determination has been made by the Owner In case of the denial of credit for non-performance,the Contractor will be required to provide a substitute DBE to meet the Contract goal or provide an adequate good faith effort when applicable. 2.3.8.1 Rebuttal of a Finding of No Commercially Useful Function.Consistent.with the provisions of 49 CFR 26.55(c)(4)&(5),before the Owner makes a final finding that no CUF has been performed by a DBE,the Owner will notify the DBE and provide the DBE the opportunity to provide rebuttal information. CUF determinations are not subject to administrative appeal. 2.3.9. Joint Check.The use of joint checks between a Contractor and a DBE is allowed with Owner approval.To obtain approval,the Contractor must submit a completed Form 2178,"DBE Joint Check Approval,"to the Owner The Owner will closely monitor the use of joint checks to ensure that such a practice does not erode the independence of the DBE nor inhibit the DBE's ability to perform a CUF When joint checks are utilized,DBE credit toward the Contract goal will be allowed only when the subcontractor is performing a CUF in accordance with 49 CFR 26.55(c)(1). Long-term or open-ended joint checking arrangements may be a basis for further scrutiny and may result in the lack of participation towards the Contract goal requirement if DBE independence cannot be established. Joint checks will not be allowed simply for the convenience of the Contractor If the proper procedures are not followed or the Owner determines that the arrangements result in a lack of independence for the DBE involved,no credit for the DBE's participation as it relates to the material cost will be used toward the Contract goal requirement,and the Contractor will need to make up the difference elsewhere on the project. 2.3.10. DBE Termination and Substitution.No DBE named in the commitment submitted under Section 2.3.5.will be terminated for convenience,in whole or part,without the Owner's approval.This includes,but is not limited to,instances in which a Contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate,a non-DBE firm,or with another DBE firm. Unless consent is provided,the Contractor will not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. The Contractor,prior to submitting its request to terminate,must first give written notice to the DBE of its intent to terminate and the reason for the termination.The Contractor will copy the Owner on the Notice of Intent to terminate. 5 04/2022 Paae 295 of 539 000-394L The DBE has 5 calendar days to respond to the Contractor's notice and will advise the Contractor and the Owner of the reasons,if any,why it objects to the proposed termination of its subcontract and why the Owner should not approve the prime Contractor's request for termination. The Owner may provide a shorter response time if required in a particular case as a matter of public necessity The Owner will consider both the Contractor's request and DBE's stated position prior to approving the request.The Owner may provide a written approval only if it agrees,for reasons stated in its concurrence document,that the Contractor has good cause to terminate the DBE.If the Owner does not approve the request,the Contractor must continue to use the committed DBE firm in accordance with the Contract.For guidance on what good cause includes,see 49 CFR 26.53. Good cause does not exist if the Contractor seeks to terminate,reduce,or substitute a DBE it relied upon to obtain the Contract so that the Contractor can self-perform the work for which the DBE firm was engaged. When a DBE subcontractor is terminated,make good faith efforts to find,as a substitute for the original DBE, another DBE to perform,at least to the extent needed to meet the established Contract goal,the work that the original DBE was to have performed under the Contract. Submit the completed Form 2228,"DBE Termination Substitution Request,"within seven(7)days,which may be extended for an additional 7 days if necessary at the request of the Contractor The Owner will provide a written determination to the Contractor stating whether or not good faith efforts have been demonstrated. 2.3.11 Reports and Records.By the 15th of each month and after work begins,report payments to meet the DBE goal and for DBE race-neutral participation on projects with or without goals.These payment reports will be required until all DBE subcontracting or material supply activity is completed.Negative payment reports are required when no activity has occurred in a monthly period. Notify the Owner if payment to any DBE subcontractor is withheld or reduced. Before receiving final payment from the Owner,the Contractor must indicate a final payment on the compliance tracking system.The final payment is a summary of all payments made to the DBEs on the project. All records must be retained for a period of 3 years following completion of the Contract work,and must be available at reasonable times and places for inspection by authorized representatives of the Owner,Texas Department of Transportation or the DOT Provide copies of subcontracts or agreements and other documentation upon request. 2.3.12. Failure to Comply If the Owner determines the Contractor has failed to demonstrate good faith efforts to meet the assigned goal,the Contractor will be given an opportunity for reconsideration by the Owner A Contractor's failure to comply with the requirements of this Special Provision will constitute a material breach of this Contract.In such a case,the Owner reserves the right to terminate the Contract;to deduct the amount of DBE goal not accomplished by DBEs from the money due or to become due the Contractor;or to secure a refund,not as a penalty but as liquidated damages,to the Owner or such other remedy or remedies as the Owner deems appropriate. 2.3.13. Investigations.The Owner may conduct reviews or investigations of participants as necessary All participants,including,but not limited to,DBEs and complainants using DBE Subcontractors to meet the Contract goal,are required to cooperate fully and promptly with compliance reviews,investigations,and other requests for information. 6 04/2022 Page 296 of 539 000-394L 2.3.14 Falsification and Misrepresentation.If the Owner determines that a Contractor or subcontractor was a knowing and willing participant in any intended or actual subcontracting arrangement contrived to artificially inflate DBE participation or any other business arrangement determined by the Owner to be unallowable,or if the Contractor engages in repeated violations,falsification,or misrepresentation,the Owner may. • refuse to count any fraudulent or misrepresented DBE participation; • withhold progress payments to the Contractor commensurate with the violation; • refer the matter to the Office of Inspector General of the US Department of Transportation for investigation;and/or • seek any other available contractual remedy 7 04/2022 Paae 297 of 539 000-1243L Special Provision to Item 000 *-® Schedule of Liquidated Damages F Texaansportation The dollar amount of daily contract administration Liquidated Damages per Working Day is$1,500.00 1 06/2022 Paae 298 of 539 002-009L Special Provision to Item 2L *® Instructions to Bidders I ,eTexas n ase, on Item 2L,"Instructions to Bidders,"of the Standard Specifications is amended with respect to the clauses cited below No other clauses or requirements of this Item are waived or changed. Article 2L.3.,"Issuing Bid Documents,"second paragraph,is supplemented by the following. The Owner will not issue a proposal form if one or more of the following apply. • the Bidder or affiliate of the Bidder that was originally determined as the apparent low Bidder on a project but was deemed nonresponsive for failure to submit a DBE commitment as specified in Article 2L.13.,"Disadvantaged Business Enterprise (DBE),"is prohibited from rebidding that specific project Article 2L.7.,"Nonresponsive Bid,"is supplemented by the following: The Owner will not accept a nonresponsive bid.A bid that has one or more of the deficiencies listed below is considered nonresponsive: • the Bidder failed to submit a DBE commitment as specified in Article 2L.13.,"Disadvantaged Business Enterprise(DBE)." Article 2L.13.,"Disadvantaged Business Enterprise(DBE),"is added. The apparent low bidder must submit DBE commitment information on federally funded projects with DBE goals within 5 calendar days(as defined in 49 CFR Part 26,Subpart A)of bid opening.For a submission that meets the 5-day requirement, administrative corrections will be allowed. If the apparent low Bidder fails to submit their DBE information within the specified timeframe,the apparent low bidder will be deemed nonresponsive and the proposal guaranty will become the property of the Owner,not as a penalty,but as liquidated damages.The Bidder forfeiting the proposal guaranty will not be considered in future proposals for the same work unless there has been a substantial change in the design of the work.The Owner may recommend: • reject all bids,or • award the Contract to the new apparent low Bidder,if the new apparent low Bidder submits DBE information within. one calendar day of notification by the Owner If the new apparent low Bidder is unable to submit the required DBE information within one calendarday • the new apparent low Bidder will not be deemed nonresponsive, • the Bidder's guaranty will not be forfeited, • the Owner will reject all bids,and • the Bidder will remain eligible to receive future proposals for the same project. 1 04/2022 Page 299 of 539 006-040L Special Provision to Item 6Ljakai Control of Materials ArTransportation Item 6L,"Control of Materials"of the Standard Specifications is amended with respect to the clauses cited below No other clauses or requirements of this Item are waived or changed. Section 1 1 "Buy America.,"This section is voided and replaced by the following: 1 1 Buy America.Comply with the latest provisions of Build America,Buy America Act(BABA Act)of the Bipartisan Infrastructure Law and applicable CFR,which restrict funds being made available from Federal financial assistance programs unless all the iron products,steel products,manufactured products,and construction materials used in the project are produced in the United States.Use iron or steel products, manufactured products,or construction materials produced in the United States for all permanently installed materials and products except when defined.in Section 1 1.5.,"Buy America Exceptions." A material is solely classified based on its status at the time it is brought to the work site as either an iron or steel product,construction material,manufactured product,or Section 70917(c)material.Refer to the Buy America Material Classification Sheet found at https://www.txdot.gov/business/resources/materials/buy- america-material-classification-sheet.html for additional clarification on material classification. 1 1 1 Iron or Steel.Iron or steel products means articles,materials,or supplies that consist of iron or steel or a combination of both.For iron or steel products,manufacturing includes any process that modifies the chemical content;physical shape or size,or final finish of a product.The manufacturing process begins with initial melting and mixing and continues through fabrication(cutting,drilling,welding,bending,etc.)and coating(paint,galvanizing,epoxy,etc.). For iron or steel products submit a notarized original FORM D-9-USA=1 (Department Form 1818)with the proper attachments for verification of compliance. 1 1.2. , Section 70917(c)Materials.Section 70917(c)materials mean cement and cementitious material; aggregates such as stone,sand,or gravel;or aggregate binding agents or additives.Section 70917(c) materials do not require domestic sourcing or Buy America certification. 1 1.3. Construction Materials.Construction materials are classified as articles,materials,or supplies that consist of only one of the items listed in bullets below Minor additions(as determined by plans or Engineer)to any of the items listed is still a construction material. • non-ferrous metals, • plastic and polymer-based products(including polyvinyl chloride,composite building materials,and polymers used in fiber optic cables), • glass(including optic glass), • fiber optic cable(including drop cable), • optical fiber, • lumber, • engineered wood,or • drywall. ' 1 11/2023 Page 300 of 539 006-040L For construction materials,submit a Construction Material Buy America Certification Form(Department Form 2806)for verification of compliance that all manufacturing processes,as required,occurred in the United States.Each construction material has specific certification requirements stated below Provide additional documentation as requested. Details shown on the plans provide additional clarification on Buy America requirements. For non-ferrous metals,certification requires all manufacturing processes,from initial smelting or melting through final shaping,coating,and assembly,occurred in the United States. For plastic and polymer-based products(including polyvinyl chloride,composite building materials,and polymers used in fiber optic cables),certification requires all manufacturing processes,from initial combination of constituent plastic or polymer-based inputs,or,where applicable,constituent composite materials,until the item is in its final form,occurred in the United States. For glass(including optic glass),certification requires all manufacturing processes,from initial batching and melting of raw materials through annealing,cooling,and cutting,occurred in the United States. For fiber optic cable(including drop cable),certification requires all manufacturing processes,from the initial ribboning(if applicable),through buffering,fiber stranding and jacketing,occurred in the United States.All manufacturing processes also include the standards for glass and optical fiber,but not for non-ferrous metals,plastic and polymer-based products,or any others. For optical fiber,certification requires all manufacturing processes,from the initial preform fabrication stage through the completion of the draw,occurred in the United States. For lumber,certification requires all manufacturing processes,from initial debarking through treatment and planing,occurred in the United States. For engineered wood,certification requires all manufacturing processes from the initial combination of constituent materials until the wood product is in its final form,occurred in the United States. For drywall,certification requires all manufacturing processes,from initial blending of mined or synthetic gypsum plaster and additives through cutting and drying of sandwiched panels,occurred in the United States. 1 14 Manufactured Products.Materials classified as a manufactured product are currently waived from Buy America requirements by an FHWA general waiver and are not required to be domestically sourced. However,iron or steel products incorporated into manufactured products must meet iron and steel compliance requirements. 1 1.5. Buy America Exceptions.Use of iron,steel,construction materials,and manufactured products manufactured in the United States is required unless the material meets an exception below • A waiver exists exempting the material from Buy America compliance. • The total value of the non-compliant products(other than iron or steel products)is no more than the lesser of$1,000,000 or 5%of Total Applicable Costs for the project.Total Applicable Cost means the actual cost of all materials requiring Buy America compliance including iron,steel,or other materials that are within the scope of existing waivers.Contractor must provide documentation showing under threshold in advance for Engineer's consideration. • The total value of foreign iron and steel products,including delivery,does not exceed 0.1%of the total Contract cost or$2,500,whichever is greater Contractor must provide documentation showing under threshold in advance for Engineer's consideration. • Foreign steel may be allowed when the Contract contains an alternate item for a foreign source iron or steel product and the Contract is awarded based on the alternate item. 2 11/2023 Page 301 of 539 006-040L ■ The materials are temporarily installed or are supplies,tools and equipment not incorporated into the project.Temporarily installed means the materials and products must be removed at the end of the project or may be removed at the contractor's convenience with Engineers approval. 3 11/2023 Paae 302 of 539 007-011 L Special Provision to Item 7L Legal Relations and Responsibilities reM o,Ranspotaa on Item 7L,"Legal Relations and Responsibilities,"of the Standard Specifications is amended with respect to the clauses cited below. Section 1.5.2.,"Flaggers,"the first paragraph is voided and replaced by the following: 1.5.2 Flaggers.Designate in writing,a flagger instructor who will serve as a flagging supervisor and is responsible for training and assuring that all flaggers are qualified to perform flagging duties.Certify to the Engineer that all flaggers will be trained and make available upon request a list of flaggers trained to perform flagging duties. Section 1.5.5.,"Training,"is voided and replaced by the following: 1.5.5 Training.Train workers involved with the traffic control using Department-approved training as shown on the "Traffic Control Training"Material Producer List. Coordinate enrollment,pay associated fees,and successfully complete Department-approved training or Contractor-developed training.Training is valid for the period prescribed by the provider Except for law enforcement personnel training,refresher training is required every 4 yr from the date of completion unless otherwise specified by the course provider The Engineer may require training at a frequency instead of the period prescribed based on the Department's needs.Training and associated fees will not be measured or paid for directly but are considered subsidiary to pertinent Items. Certify to the Engineer that workers involved in traffic control and other work zone personnel have been trained and make available upon request a copy of the certification of completion to the Engineer Ensure the following is included in the certification of completion: name of provider and course title, name of participant, date of completion,and im date of expiration. Where Contractor-developed training or a Department-approved training course does not produce a certification,maintain a log of attendees.Make the log available upon request.Ensure the log is legible and includes the following: printed name and signature of participant, im name and title of trainer,and date of training. 1.5.5.1 Contractor-developed Training.Develop and deliver Contractor-developed training meeting the minimum requirements established by the Department.The outline for this training must be submitted to the Engineer for approval at the preconstruction meeting.The CRP or designated alternate may deliver the training instead of the Department-approved training.The work performed and materials furnished to develop and deliver the training will not be.measured or paid for directly but will be considered subsidiary to pertinent Items. 1.5.5.1 1 Flagger Training Minimum Requirements.A Contractor's certified flagging instructor is permitted to train other flaggers. 1 04/2022 Paqe 303 of 539 007-011 L 1.5.5.1.2. Optional Contractor-developed Training for Other Work Zone Personnel.For other work zone personnel, the Contractor may provide training meeting the curriculum shown below instead of Department-approved training. Minimum curriculum for Contractor-provided training is as follows: Contractor-developed training must provide information on the use of personnel protection equipment, occupational hazards and health risks,and other pertinent topics related to traffic management.The type and amount of training will depend on the job duties and responsibilities.Develop training applicable to the work being performed.Develop training to include the following topics. The Life You Save May Be Your Own(or other similar company safety motto). Purpose of the training. • It's the Law • To make work zones safer for workers and motorist. • To understand what is needed for traffic control. • To save lives including your own. Personal and Co-Worker Safety • High Visibility Safety,Apparel.Discuss compliant requirements;inspect regularly for fading and reduced reflective properties;if night operations are required,discuss the additional and appropriate required apparel in addition to special night work risks;if moving operations are underway,discuss appropriate safety measures specific to the situation and traffic control plan. • Blind Areas.A blind area is the area around a vehicle or piece of construction equipment not visible to the operators,either by line of sight or indirectly by mirrors.Discuss the"Circle of Safety" around equipment and vehicles;use of spotters;maintain eye contact with equipment operators; and use of hand signals. • Runovers and Backovers.Remain alert at all times;keep a safe distance from traffic;avoid turning your back to traffic and if you must then use a spotter;and,stay behind protective barriers, whenever possible.Note:It is not safe to sit on or lean against a concrete barrier,these barriers can deflect four plus feet when struck by a vehicle. • Look out for each other,warn co-workers. • Be courteous to motorists. • Do not run across active roadways. • Workers must obey traffic laws and drive courteously while operating vehicles in the work zones. • Workers must be made aware of company distracted driving policies. Night Time Operations.Focus should be placed on projects with a nighttime element. Traffic Control Training.Basics of Traffic Control. • Identify work zone traffic control supervisor and other appropriate persons to report issues to when they arise. • Emphasize that work zone traffic control devices must be in clean and in undamaged condition.If devices have been hit but not damaged,put back in their correct place and report to traffic control supervisor If devices have been damaged,replace with new one and report to traffic control supervisor If devices are dirty,faded or have missing or damaged reflective tape clean or replace and report to traffic control supervisor Show examples of non-acceptable device conditions. Discuss various types of traffic control devices to be used and where spacing requirements can be found. • Channelizing Devices and Barricades with Slanted Stripes.Stripes are to slant in the direction you want traffic to stay or move to;demonstrate this with a device. • Traffic Queuing.Workers must be made aware of traffic queuing and the dangers created by it. Workers must be instructed to immediately notify the traffic control supervisorr and other supervisory personnel if traffic is queuing beyond advance warning sign and devices or construction limits. 2 04/2022 Page 304 of 539 007-011 L • Signs.Signs must be straight and not leaning.Report problems to the traffic control supervisor or other as designated for immediate repair Covered signs must be fully covered.If covers are damaged or out of place,report to traffic control supervisor or other as designated. 3 04/2022 Paae 305 of 539 009-011 L Special Provision to Item 91_ *.® Measurement and Pa ment FIEPOflY Item 9,"Measurement and Payment"of the Standard Specifications is amended with respect to the clauses cited below No other clauses or requirements of this Item are waived or changed. Section 71.4.3.,"Standby Equipment Costs,"is voided and replaced by the following: 714.3. Standby Equipment Costs.Payment for standby equipment will be made in accordance with Section 9L.7 1 4.,"Equipment,"except that the 15%markup will not be allowed and that: Section 714.3.1.,"Contractor-Owned Equipment,"is voided and replaced by the following: 714.3.1 Contractor-Owned Equipment For Contractor-owned equipment: Standby will be paid at 50%of the monthly Equipment Watch rate after the regional and age aciudrnErt factors have been applied.Operating costs will not be allowed.Calculate the standby rate as follows. Standby rate=(FHWA hourly rate-operating costs)x 50% If an hourly rate is needed,divide the monthly Equipment Watch rate by 176. No more than 8 hr of standby will be paid during a 24-hr day period,nor more than 40 hr per week. t• Standby costs will not be allowed during periods when the equipment would have otherwise been idle. 1 04/2022 Page 306 of 539 506-001 L Special Provision to Item 506 Temporary Erosion, Sedimentation, and Environmental Alrmi.Texzent Controls of Transportation For this project,item 506,"Temporary Erosion,Sedimentation,and Environmental Controls,"of the standard specifications,is hereby voided and replaced with the following. 1 DESCRIPTION Install,maintain,and remove erosion,sedimentation,and environmental control measures to prevent or reduce the discharge of pollutants in accordance with the Storm Water Pollution Prevention Plan(SWP3)in the plans and the Texas Pollutant Discharge Elimination System(TPDES)General Permit TXR150000. 2. MATERIALS Furnish materials in accordance with the following: • Item 161,"Compost" • Item 432,"Riprap" • Item 556,'Pipe Underdrains" 2.1 Rock Filter Dams. 2.1 1 Aggregate.Furnish aggregate with hardness,durability,cleanliness,and resistance to crumbling,flaking, and eroding acceptable to the Owner Provide the following: • Types 1,2,and 4 Rock Filter Dams.Use 3 to 6 in.aggregate. • Type 3 Rock Filter Dams.Use 4 to 8 in.aggregate. 2.1.2. Wire.Provide minimum 20 gauge galvanized wire for the steel wire mesh and tie wires for Types 2 and 3 rock filter dams.Type 4 dams require: • a double-twisted,hexagonal weave with a nominal mesh opening of 2-1/2 in.x 3-1/4 in., • minimum 0.0866 in.steel wire for netting; • minimum 0.1063 in.steel wire for selvages and corners;and • minimum 0.0866 in.for binding or tie wire. 2.1.3. Sandbag Material:Fumish sandbags meeting Section 506.2.8.,"Sandbags,"except that any gradation of aggregate may be used to fill the sandbags. 2.2. Temporary Pipe Slope Drains.Provide corrugated metal pipe,polyvinyl chloride(PVC)pipe,flexible tubing, watertight connection bands,grommet materials,prefabricated fittings,and flared entrance sections that conform to the plans.Recycled and other materials meeting these requirements are allowed if approved. Furnish concrete in accordance with Item 432,"Riprap." 2.3. Temporary Paved Flumes.Furnish asphalt concrete,hydraulic cement concrete,or other comparable non-erodible material that conforms to the plans.Provide rock or rubble with a minimum diameter of 6 in.and a maximum volume of 1/2 cu.ft.for the construction of energy dissipaters. 1 04/2022 Page 307 of 539 506-001 L 2.4 Construction Exits.Provide materials that meet the details shown on the plans and this Section. 2.41 Rock Construction Exit.Provide crushed aggregate for long-and short-term construction exits.Furnish aggregates that are clean,hard,durable,and free from adherent coatings such as salt,alkali,dirt,clay,loam, shale,soft or flaky materials,and organic and injurious matter Use 4-to 8-in.aggregate for Type 1 Use 2-to 4-in.aggregate for Type 3. 2.4.2. Timber Construction Exit.Furnish No.2 quality or better railroad ties and timbers for long-term construction exits,free of large and loose knots and treated to control rot Fasten timbers with nuts and bolts or lag bolts, of at least 1/2 in.diameter,unless otherwise shown on the plans or allowed.Provide plywood or pressed wafer board at least 1/2 in.thick for short-term exits. 2.4.3. Foundation Course.Provide a foundation course consisting of flexible base,bituminous concrete,hydraulic cement concrete,or other materials as shown on the plans or directed. 2.5. Embankment for Erosion Control.Provide rock,loam,clay,topsoil,or other earth materials that will form a stable embankment to meet the intended use. 2.6. Pipe.Provide pipe outlet material in accordance with Item 556,"Pipe Underdrains,"and details shown on the plans. 2.7 Construction Perimeter Fence. 2.71 Posts.Provide essentially straight wood or steel posts that are at least 60 in.long.Furnish softwood posts with a minimum diameter of 3 in.,or use nominal 2 x 4 in.boards.Furnish hardwood posts with a minimum cross-section of 1-1/2 x 1-1/5 in.Furnish T-or L-shaped steel posts with a minimum weight of 0.5 lb.per foot. 2.7.2. Fence.Provide orange construction fencing as approved. 2.7.3. Fence Wire.Provide 11 gauge or larger galvanized smooth or twisted wire.Provide 16 gauge or larger tie wire. 2.7 4 Flagging.Provide brightly-colored flagging that is fade-resistant and at least 3/4 in.wide to provide maximum visibility both day and night. 2.7.5. Staples.Provide staples with a crown at least 1/2 in.wide and legs at least 1/2 in.long. 2.7.6. Used Materials.Previously used materials meeting the applicable requirements may be used if approved. 2.8. Sandbags.Provide sandbag material of polypropylene,polyethylene,or polyamide woven fabric with a minimum unit weight of 4 oz.per square yard,a Mullen burst-strength exceeding 300 psi,and an ultraviolet stability exceeding 70%. Use natural coarse sand or manufactured sand meeting the gradation given in Table 1 to fill sandbags.Filled sandbags must be 24 to 30 in.long,16 to 18 in.wide,and 6 to 8 in.thick. Table 1 Sand Gradation Sieve# Retained(%by Weight) 4 Maximum 3% 100 Minimum 80% 200 Minimum 95% Aggregate may be used instead of sand for situations where sandbags are not adjacent to traffic.The aggregate size shall not exceed 3/8 in. 2 04/2022 Page 308 of 539 506-001 L 2.9. Temporary Sediment Control Fence.Provide a net-reinforced fence using woven geo-textile fabric.Logos visible to the traveling public will not be allowed. 2.9.1 Fabric.Provide fabric materials in accordance with DMS-6230,"Temporary Sediment Control Fence Fabric." 2.9.2. Posts.Provide essentially straight wood or steel posts with a minimum length of 48 in.,unless otherwise shown on the plans.Fumish soft wood posts at least 3 in.in diameter,or use nominal 2 x 4 in.boards. Furnish hardwood posts with a minimum cross-section of 1-1/2 x 1-1/2 in.Furnish T-or L-shaped steel posts with a minimum weight of 1.3 lb.per foot. 2.9.3. Net Reinforcement.Provide net reinforcement of at least 12-1/2 gauge galvanized welded wire mesh,with a maximum opening size of 2 x 4 in.,at least 24 in.wide,unless otherwise shown on the plans. 2.9.4 Staples.Provide staples with a crown at least 3/4 in.wide and legs 1/2 in.long. 2.9.5. Used Materials.Use recycled material meeting the applicable requirements if approved. 2.10 Biodegradable Erosion Control Logs. 2.10.1 Core Material.Furnish core material that is biodegradable or recyclable.Use compost,mulch,aspen excelsior wood fibers,chipped site vegetation,agricultural rice or wheat straw,coconut fiber, 100% recyclable fibers,or any other acceptable material unless specifically called out on the plans.Permit no more than 5%of the material to escape from the containment mesh.Furnish compost meeting the requirements of Item 161,"Compost." 2.10.2. Containment Mesh.Furnish containment mesh that is 100%biodegradable,photodegradable,or recyclable such as burlap,twine,UV photodegradable plastic,polyester,or any other acceptable material. Furnish biodegradable or photodegradable containment mesh when log will remain in place as part of a vegetative system. Furnish recyclable containment mesh for temporary installations. 2.10.3. Size.Furnish biodegradable erosion control logs with diameters shown on the plans or as directed.Stuff containment mesh densely so logs do not deform. 3. CONSTRUCTION 3.1 Contractor Responsibilities.Implement the Owner's Storm Water Pollution Prevention Plan(SWP3)for the project in accordance with the plans and specifications,TPDES General Permit TXR150000,and as directed by the Owner Develop and implement an SWP3 for project-specific material supply plants within and outside of the Owner's right of way in accordance with the specific or general storm water permit requirements. Prevent water pollution from storm water associated with construction activity from entering any surface water or private property on or adjacent to the project site. 3.2. General. 3.2.1 Phasing.Implement control measures in the area to be disturbed before beginning construction,or as directed.Limit the disturbance to the area shown on the plans or as directed.If,in the opinion of the Owner, the Contractor cannot control soil erosion and sedimentation resulting from construction operations,the Owner will limit the disturbed area to that which the Contractor is able to control.Minimize disturbance to vegetation. 3.2.2. Maintenance.Immediately correct ineffective control measures.Implement additional controls as directed. Remove excavated material within the time requirements specified in the applicable storm water permit. 3 04/2022 Page 309 of 539 506-001 L 3.2.3. Stabilization.Stabilize disturbed areas where construction activities will be temporarily stopped in accordance with the applicable storm water permit.Establish a uniform vegetative cover The project will not be accepted until a 70%density of existing adjacent undisturbed areas is obtained,unless otherwise shown on the plans.When shown on the plans,the Owner may accept the project when adequate controls are in place that will control erosion,sedimentation,and water pollution until sufficient vegetative cover can be established. 3.2.4 Finished Work.Upon acceptance of vegetative cover,remove and dispose of all temporary control measures,temporary embankments,bridges,matting,falsework,piling,debris,or other obstructions placed during construction that are not a part of the finished work,or as directed. 3.2.5. Restricted Activities and Required Precautions.Do not discharge onto the ground or surface waters any pollutants such as chemicals,raw sewage,fuels,lubricants,coolants,hydraulic fluids,bitumens,or any other petroleum product.Operate and maintain equipment on-site to prevent actual or potential water pollution. Manage,control,and dispose of litter on-site such that no adverse impacts to water quality occur Prevent dust from creating a potential or actual unsafe condition,public nuisance,or condition endangering the value, utility,or appearance of any property Wash out concrete trucks only as described in the TPDES General Permit TXR150000.Utilize appropriate controls to minimize the offsite transport of suspended sediments and other pollutants if it is necessary to pump or channel standing water(i.e.dewatering).Prevent discharges that would contribute to a violation of Edwards Aquifer Rules,water quality standards,the impairment of a listed water body,or other state or federal law. 3.3. Installation,Maintenance,and Removal Work.Perform work in accordance with the SWP3,according to manufacturers'guidelines,and in accordance with the TPDES General Permit TXR150000.Install and maintain the integrity of temporary erosion and sedimentation control devices to accumulate silt and debris until soil disturbing activities are completed and permanent erosion control features are in place or the disturbed area has been adequately stabilized as determined by the Owner If a device ceases to function as intended,repair or replace the device or portions thereof as necessary Remove sediment,debris,and litter When approved,sediments may be disposed of within embankments,or in the right of way in areas where the material will not contribute to further siltation.Dispose of removed material in accordance with federal,state,and local regulations. Remove devices upon approval or as directed.Finish-grade and dress the area upon removal.Stabilize disturbed areas in accordance with the permit,and as shown on,the plans or directed.Materials removed are considered consumed by the project.Retain ownership of stockpiled material and remove it from the project when new installations or replacements are no longer required. 3.3.1 Rock Filter Dams for Erosion Control.Remove trees,brush,stumps,and other objectionable material that may interfere with the construction of rock filter dams.Place sandbags as a foundation when required or at the Contractor's option. Place the aggregate to the lines,height,and slopes specified,without undue voids for Types 1,2,3,and 5. Place the aggregate on the mesh and then fold the mesh at the upstream side over the aggregate and secure it to itself on the downstream side with wire ties,or hog rings for Types 2 and 3,or as directed.Place rock filter dams perpendicular to the flow of the stream or channel unless otherwise directed.Construct filter dams according to the following criteria unless otherwise shown on the plans: 3.3.1 1 Type 1 (Non-reinforced). 3.3.1 1 1 Height.At least 18 in.measured vertically from existing ground to top of filter dam. 3.3.1 1.2. Top Width.At least 2 ft. 3.3.1 1.3. Slopes.No steeper than 2:1 3.3.1.2. Type 2(Reinforced). 4 04/2022 Page 310 of 539 506-001 L 3.3.1.2.1 Height.At least 18 in.measured vertically from existing ground to top of filter dam. 3.3.1.2.2. Top Width.At least 2 ft. 3.3.1.2.3. Slopes.No steeper than 2:1 3.3.1.3. Type 3(Reinforced). 3.3.1.3.1 Height.At least 36 in.measured vertically from existing ground to top of filter dam. 3.3.1.3.2. Top Width.At least 2 ft. 3.3.1.3.3. Slopes.No steeper than 2:1 3.3.14 Type 4(Sack Gabions).Unfold sack gabions and smooth out kinks and bends.Connect the sides by lacing in a single loop—double loop pattern on 4-to 5-in,spacing for vertical filling.Pull the end lacing rod at one end until tight,wrap around the end,and twist 4 times.Fill with stone at the filling end,pull the rod tight,cut the wire with approximately 6 in.remaining,and twist wires 4 times. Place the sack flat in a filling trough,fill with stone,connect sides,and secure ends as described above for horizontal filling. Lift and place without damaging the gabion.Shape sack gabions to existing contours. 3.3.1.5. Type 5.Provide rock filter dams as shown on the plans. 3.3.2. Temporary Pipe Slope Drains.Install pipe with a slope as shown on the plans or as directed.Construct embankment for the drainage system in 8-in.lifts to the required elevations.Hand-tamp the soil around and under the entrance section to the top of the embankment as shown on the plans or as directed.Form the top of the embankment or earth dike over the pipe slope drain at least 1 ft.higher than the top of the inlet pipe at all points.Secure the pipe with hold-downs or hold-down grommets spaced a maximum of 10 ft.on center Construct the energy dissipaters or sediment traps as shown on the plans or as directed.Construct the sediment trap using concrete or rubble riprap in accordance with Item 432,"Riprap,"when designated on the plans. 3.3.3. Temporary Paved Flumes.Construct paved flumes as shown on the plans or as directed.Provide excavation and embankment(including compaction of the subgrade)of material to the dimensions shown on the plans unless otherwise indicated.Install a rock or rubble riprap energy dissipater,constructed from the materials specified above,to a minimum depth of 9 in.at the flume outlet to the limits shown on the plans or as directed. 3.3.4 Construction Exits.Prevent traffic from crossing or exiting the construction site or moving directly onto a public roadway,alley,sidewalk,parking area,or other right of way areas other than at the location of construction exits when tracking conditions exist.Construct exits for either long-or short-term use. 3.3.41 Long-Term.Place the exit over a foundation course as required.Grade the foundation course or compacted subgrade to direct runoff from the construction exits to a sediment trap as shown on the plans or as directed. Construct exits with a width of at least 14 ft.for one-way and 20 ft.for two-way traffic for the full width of the exit,or as directed. 3.3.41 1 Type 1 Construct to a depth of at least 8 in.using crushed aggregate as shown on the plans or as directed. 3.3.4 1.2. Type 2.Construct using railroad ties and timbers as shown on the plans or as directed. 3.3.4.2. Short-Term. 5 04/2022 Pape 311 of 539 506-001 L 3.3.4.2.1 Type 3.Construct using crushed aggregate,plywood,or wafer board.This type of exit may be used for daily operations where long-term exits are not practical. 3.3.4.2.2. Type 4 Construct as shown on the plans or as directed. 3.3.5. Earthwork for Erosion Control.Perform excavation and embankment operations to minimize erosion and to remove collected sediments from other erosion control devices. 3.3.5.1 Excavation and Embankment for Erosion Control Features.Place earth dikes,swales,or combinations of both along the low crown of daily lift placement,or as directed,to prevent runoff spillover Place swales and dikes at other locations as shown on the plans or as directed to prevent runoff spillover or to divert runoff.Construct cuts with the low end blocked with undisturbed earth to prevent erosion of hillsides. Construct sediment traps at drainage structures in conjunction with other erosion control measures as shown on the plans or as directed. Create a sediment basin,where required,providing 3,600 cu.ft.of storage per acre drained,or equivaleht control measures for drainage locations that serve an area with 10 or more disturbed acres atone time,not including offsite areas. 3.3.5.2. Excavation of Sediment and Debris.Remove sediment and debris when accumulation affects the performance of the devices,aftet a rain,and when directed. 3.3.6. Construction Perimeter Fence.Construct,align,and locate fencing as shown on the plans or as directed. 3.3.6.1 Installation of Posts.Embed posts 18 in.deep or adequately anchor in rock,with a spacing of 8 to 10 ft. 3.3.6.2. Wire Attachment.Attach the top wire to the posts at least 3 ft.from the ground.Attach the lower wire midway between the ground and the top wire. 3.3.6.3. Flag Attachment.Attach flagging to both wire strands midway between each post.Use flaggingrat least 18 in.long.Tie flagging to the wire using a square knot. 3:3.7 Sandbags for Erosion Control:Construct a berm or dam of sandbags that will intercept sediment-laden storm water runoff from disturbed areas,create a retention pond,detain sediment,and release water in sheet flow Fill each bag with sand so that at least the top 6 in.of the bag is unfilled to allow for proper tying of the open end.Place the sandbags with their tied ends in the same direction.Offset subsequent rows of sandbags 1/2 the length of the preceding row Place a single layer of sandbags downstream as a secondary debris trap.Place additional sandbags as necessary or as directed for supplementary support to berms or dams of sandbags or earth. 3.3.8. Temporary Sediment-Control Fence.Provide temporary sediment-control fence near the downstream perimeter of a disturbed area to intercept sediment from sheet flow Incorporate the fence into erosion-control measures used to control sediment in areas of higher flow Install the fence as shown on the plans,as specified in this Section,or as directed. 3.3.8.1 Installation of Posts.Embed posts at least 18 in.deep,or adequately anchor,if in rock,with a spacing of 6 to 8 ft.and install on a slight angle toward the runoff source. 3.3.8.2. Fabric Anchoring.Dig trenches along the uphill side of the fence to anchor 6 to 8 in.of fabric.Provide a minimum trench cross-section of 6 x 6 in.Place the fabric against the side of the trench and align approximately 2 in.of fabric along the bottom in the upstream direction.Backfill the trench,then hand-tamp. 3.3.8.3. Fabric and Net Reinforcement Attachment.Attach the reinforcement to wooden posts with staples,or to steel posts with T-clips,in at least 4 places equally spaced unless otherwise shown on the plans.Sewn vertical pockets may be used to attach reinforcement to end posts.Fasten the fabric to the top strand of reinforcement by hog rings or cord every 15 in.or less. 6 04/2022 Page 312 of 539 506-001 L 3.3.8.4 Fabric and Net Splices.Locate splices at a fence post with a minimum lap of 6 in.attached in at least 6 places equally spaced unless otherwise shown on the plans.Do not locate splices in concentrated flow areas. Requirements for installation of used temporary sediment-control fence include the following: • fabric with minimal or no visible signs of biodegradation(weak fibers), • fabric without excessive patching(more than 1 patch every 15 to 20 ft.), • posts without bends,and • backing without holes. 3.3.9. Biodegradable Erosion Control Logs.Install biodegradable erosion control logs near the downstream perimeter of a disturbed area to intercept sediment from sheet flow Incorporate the biodegradable erosion control logs into the erosion measures used to control sediment in areas of higher flow Install,align,and locate the biodegradable erosion control logs as specified below,as shown in plans or as directed. Secure biodegradable erosion control logs in a method adequate to prevent displacement as a result of normal rain events,prevent damage to the logs,and to the satisfaction of the Owner such that flow is not allowed under the logs.Temporarily removing and replacing biodegradable erosion logs as to facilitate daily work is allowed atthe Contractor's expense. 3.3.10. Vertical Tracking.Perform vertical tracking on slopes to temporarily stabilize soil.Provide equipment with a track undercarriage capable of producing a linear soil impression measuring a minimum of 12 in.long x 2 to 4 in.wide x 1/2 to 2 in.deep.Do not exceed 12 in.between track impressions.Install continuous linear track impressions where the 12 in.length impressions are perpendicular to the slope.Vertical tracking is required on projects where soil disturbing activities have occurred unless otherwise approved. 4. MEASUREMENT 41 Rock Filter Dams.Installation or removal of rock filter dams will be measured by the foot or by the cubic yard.The measured volume will:include sandbags,when used. 41 1 Linear Measurement.When rock filter dams are measured by the foot,measurement will be along the centerline of-the top of the dam., 41.2. Volume Measurement.When rock filter dams are measured by the cubic yard,measurement will be based on the volume of rock computed'by the method of average end areas. 41.2.1 Installation.Measurement will be made in final position. 41.2.2. Removal.Measurement will be made at the point of removal. 4.2. Temporary Pipe Slope Drains.Temporary pipe slope drains will be measured by the foot. 4.3. Temporary Paved Flumes.Temporary paved flumes will be measured by the square yard of surface area. The measured area will include the energy dissipater at the flume outlet. 4 4 Construction Exits.Construction exits will be measured:by the square yard of surface area. 4.5. Earthwork for Erosion and Sediment Control. 4.5.1 Equipment and Labor Measurement.Equipment and labor used will be measured by the actual number of hours the equipment is operated and the labor is engaged in the work. 4.5.2. Volume Measurement. 7 04/2022 Page 313 of 539 506-001 L 4.5.2.1 In Place. 4.5.2.1 1 Excavation.Excavation will be measured by the cubic yard in its original position and the volume computed by the method of average end areas. 4.5.2.1.2. Embankment.Embankment will be measured by the cubic yard in its final position by the method of average end areas.The volume of embankment will be determined between: • the original ground surfaces or the surface upon that the embankment is to be constructed for the feature and • the lines,grades and slopes of the accepted embankment for the feature. 4.5.2.2. In Vehicles.Excavation and embankment quantities will be combined and paid for under"Earthwork (Erosion and Sediment Control,In Vehicle)."Excavation will be measured by the cubic yard in vehicles at the point of removal.Embankment will be measured by the cubic yard in vehicles measured at the point of delivery Shrinkage or swelling factors will not be considered in determining the calculated quantities. 4.6. Construction Perimeter Fence.Construction perimeter fence will be measured by the foot. ' 4 7 Sandbags for Erosion Control.Sandbags will be measured as each sandbag or by the foot along the top of sandbag berms or dams. 4.8. Temporary Sediment-Control Fence.Installation or removal of temporary sediment-control fence will be measured by the foot. 4.9. Biodegradable Erosion Control Logs.Installation or removal of biodegradable erosion control logs will be measured by the foot along the centerline of the top of the control logs. 410. Vertical Tracking.Vertical tracking will not be measured or paid for directly but is considered subsidiary to this Item. 5. PAYMENT The following will not be paid for directly but are subsidiary to pertinent Items: • erosion-control measures for Contractor project-specific locations(PSLs)inside and outside the right of way(such as construction and haul roads,field offices,equipment and supply areas,plants,and material sources); • removal of litter,unless a separate pay item is shown on the plans; • repair to devices and features damaged by Contractor operations; • added measures and maintenance needed due to negligence,carelessness,lack of maintenance,and failure to install permanent controls; • removal and reinstallation of devices and features needed for the convenience of the Contractor; • finish grading and dressing upon removal of the device;and • minor adjustments including but not limited to plumbing posts,reattaching fabric,minor grading to maintain slopes on an erosion embankment feature,or moving small numbers of sandbags. Stabilization of disturbed areas will be paid for under pertinent Items. Furnishing and installing pipe for outfalls associated with sediment traps and ponds will not be paid for directly but is subsidiary to the excavation and embankment under this Item. 5.1 Rock Filter Dams.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price bid as follows: 8 04/2022 Page 314 of 539 506-001 L 5.1 1 Installation.Installation will be paid for as"Rock Filter Dams(Install)"of the type specified.This price is full compensation for fumishing and operating equipment,finish backfill and grading,lacing,proper disposal, labor,materials,tools,and incidentals. 5.1.2. Removal.Removal will be paid for as"Rock Filter Dams(Remove)."This price is full compensation for furnishing and operating equipment,proper disposal,labor,materials,tools,and incidentals. When the Owner directs that the rock filter dam installation or portions thereof be replaced,payment will be made at the unit price bid for"Rock Filter Dams(Remove)"and for"Rock Filter Dams(Install)"of the type specified.This price is full compensation for furnishing and operating equipment,finish backfill and grading, lacing,proper disposal,labor,materials,tools,and incidentals. 5.2. Temporary Pipe Slope Drains.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price bid for'Temporary Pipe Slope Drains"of the size specified.This price is full compensation for furnishing materials,removal and disposal,furnishing and operating equipment,labor,tools,and incidentals. Removal of temporary pipe slope drains will not be paid for directly but is subsidiary to the installation Item. When the Owner directs that the pipe slope drain installation or portions thereof be replaced,payment will be made at the unit price bid for"Temporary Pipe Slope Drains"of the size specified,which is full compensation for the removal and reinstallation of the pipe drain. Earthwork required for the pipe slope drain installation,including construction of the sediment trap,will be measured and paid for under"Earthwork for Erosion and Sediment Control." Riprap concrete or stone,when used as an energy dissipater or as a stabilized sediment trap,will be measured and paid for in accordance with Item 432,"Riprap." 5.3. Temporary Paved Flumes.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price bid for"Temporary Paved Flume (Install)"or'Temporary Paved Flume(Remove)."This price is full compensation for furnishing and placing materials,removal and disposal,equipment,labor,tools,and incidentals. When the Owner directs that the paved flume installation or portions thereof be replaced,payment will be made at the unit prices bid for`Temporary Paved Flume(Remove)"and'Temporary Paved Flume(Install)." These prices are full compensation for the removal and replacement of the paved flume and for equipment, labor,tools,and incidentals. Earthwork required for the paved flume installation,including construction of a sediment trap,will be measured and paid for under"Earthwork for Erosion and Sediment Control." 5.4 Construction Exits.Contractor-required construction exits from off right of way locations or on-right of way PSLs will not be paid for directly but are subsidiary to pertinent Items. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement"for construction exits needed on right of way access to work areas required by the Owner will be paid for at the unit price bid for"Construction Exits(Install)"of the type specified or"Construction Exits (Remove)."This price is full compensation for furnishing and placing materials,excavating,removal and disposal,cleaning vehicles,labor,tools,and incidentals. When the Owner directs that a construction exit or portion thereof be removed and replaced,payment will be made at the unit prices bid for"Construction.Exit(Remove)"and"Construction Exit(Install)"of the type specified.These prices are full compensation for the removal and replacement of the construction exit and for equipment,labor,tools,and incidentals. 9 04/2022 Page 315 of 539 506-001 L Construction of sediment traps used in conjunction with the construction exit will be measured and paid for under"Earthwork for Erosion and Sediment Control." 5.5. Earthwork for Erosion and Sediment Control. 5.5.1 Initial Earthwork for Erosion and Sediment Control.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price bid for"Excavation(Erosion and Sediment Control,In Place),""Embankment(Erosion and Sediment Control, In Place),""Excavation(Erosion and Sediment Control, In Vehicle),""Embankment(Erosion and Sediment Control,(In Vehicle),"or"Earthwork(Erosion and Sediment Control,In Vehicle)." This price is full compensation for excavation and embankment including hauling,disposal of material not used elsewhere on the project;embankments including furnishing material from approved sources and construction of erosion-control features;and equipment,labor,tools,and incidentals. Sprinkling and rolling required by this Item will not be paid for directly,but will be subsidiary to this Item. 5.5.2. Maintenance Earthwork for Erosion and Sediment Control for Cleaning and Restoring Control Measures.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid under a Contractor Force Account Item from invoice provided to the Owner This price is full compensation for excavation,embankment,and re-grading including removal of accumulated sediment in various erosion control installations as directed,hauling,and disposal of material not used elsewhere on the project;excavation for construction of erosion-control features;embankments including furnishing material from approved sources and construction of erosion-control features;and equipment,labor,tools,and incidentals. Earthwork needed to remove and obliterate erosion-control features will not be paid for directly but is subsidiary to pertinent Items unless otherwise shown on the plans. Sprinkling and rolling required by this Item will not be paid for directly,but will be subsidiary to this Item. 5.6. Construction Perimeter Fence.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement'will be paid for at the unit price bid for"Construction Perimeter Fence."This price is full compensation for furnishing and placing the fence;digging,fence posts, wire,and flagging;removal and disposal;and materials,equipment,labor,tools,and incidentals. Removal of construction perimeter fence will be not be paid for directly but is subsidiary to the installation Item.When the Owner directs that the perimeter fence installation or portions thereof be removed and replaced,payment will be made at the unit price bid for"Construction Perimeter Fence,"which is full compensation for the removal and reinstallation of the construction perimeter fence. 5.7 Sandbags for Erosion Control.Sandbags will be paid for at the unit price bid for"Sandbags for Erosion Control"(of the height specified when measurement is by the foot).This price is full compensation for materials,placing sandbags,removal and disposal,equipment,labor,tools,and incidentals. Removal of sandbags will not be paid for directly but is subsidiary to the installation Item.When the Owner directs that the sandbag installation or portions thereof be replaced,payment will be made at the unit price bid for"Sandbags for Erosion Control,"which is full compensation for the reinstallation of the sandbags. 5.8. Temporary Sediment-Control Fence.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price bid as follows: 10 04/2022 Page 316 of 539 506-001 L 5.8.1 Installation.Installation will be paid for as"Temporary Sediment-Control Fence(Install)."This price is full compensation for furnishing and operating equipment finish backfill and grading,lacing,proper disposal, labor,materials,tools,and incidentals. 5.8.2. Removal.Removal will be paidjfor as"Temporary Sediment-Control Fence(Remove)."This price is full compensation for furnishing and operating equipment,proper disposal,labor,materials,tools,and incidentals. 5.9. Biodegradable Erosion Control Logs.The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price bid as follows: 5.9.1 Installation.Installation will be paid for as"Biodegradable Erosion Control Logs(Install)"of the size specified.This price is full compensation for furnishing and operating equipment finish backfill and grading, staking,proper disposal,labor,materials,tools,and incidentals. 5.9.2. Removal.Removal will be paid for as"Biodegradable Erosion Control Logs(Remove)."This price is full compensation for furnishing and operating equipment,proper disposal,labor,materials,tools,and incidentals. 5.10. Vertical Tracking.Vertical tracking will not be measured or paid for directly but is considered subsidiary to this Item. 11 04/2022 Page 317 of 539 132-001 Special Provision to Item 132 -- Embankment 'apartme of Densportation Item 132,"Embankment'of the Standard Specifications is amended with respect to the clauses cited below No other clauses or requirements of this Item are waived or changed. Article 132.2.,"Materials",is supplemented with the following: • Type E.Cement stabilized material consisting of Type CS select backfill meeting the requirements of Section 423.2.4.2.Table 2.Select Backfill Gradation Limits and hydraulic cement meeting the requirements of DMS-4600, "Hydraulic Cement,"and the Department's Hydraulic Cement Quality Monitoring Program(HCQMP).Sources not on the HCQMP will require testing and approval before use. Article 132.2.,"Materials",the last paragraph is voided and not replaced. Section 132.3.3,"Embankments Adjacent to Culverts and Bridges",is voided and replaced by the following: 132.3.3.Embankments Adjacent to Culverts and:Bridges. Except as noted below,in Section 132.3.4,compact embankments adjacent to culverts,under bridge approach slabs,and adjacent to abutments where using Wide Flange Terminal Anchorage systems but not cement stabilized embankment,in accordance with Item 400,"Excavation and Backfill for Structures." Section 132.3.4.,"Compaction Methods",the first paragraph is supplemented by the following: When cement stabilized backfill embankment,reinforced volume embankment,retaining wall foundation improvements,or embankment foundation improvements are shown on the plans,compact each layer to the required density,in accordance with Section 276.4.3,"Compaction." Article 132.3.,"Construction",is supplemented with the following: Section 132.3.7 Cement Stabilized Backfill Embankment(CSBE).Provide Type E material for cement stabilized backfill embankment.Place CSBE for embankments,retaining wall foundation improvements,embankment foundation improvements and backfill material placed between the reinforced volume of retaining walls in accordance with the requirements of Section 423.2.4 4,"Cement Stabilized Backfill"at the locations shown on the plans or as directed. Article 132.5.,"Payment",the first paragraph is voided and replaced by the following: 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"Embankment(Final),""Embankment(Original),"or"Embankment(Vehicle),"of the compaction method and type specified.Where Cement Stabilized Backfill Embankment(CSBE)is shown on the plans,it will be paid for at the unit price bid for"Embankment(Final)(CSBE)","Embankment(Final)(CSBE)(Retaining Wall Foundation Improvement),""Embankment(Final)(CSBE)(Embankment Foundation Improvement),"or"Embankment(Final)(CSBE) (Reinforced Volume of Retaining Walls)of the compaction method and type shown on the plans.When the embankment adjacent to the cement stabilized reinforced volume is not cement stabilized,the cement stabilized reinforced volume will be paid as"Embankment(Final)"of the compaction method and type shown on the plans.This price is full compensation for all cement, cement treatment and stabilization,furnishing embankment,hauling,placing,compacting,curing,finishing,and reworking; disposal of waste material;and equipment,labor,tools,and incidentals. 1 -1 12-14 Houston District Page 318 of 539 192-001 Special Provision to Item 192 - __— Landscape PlantingFE ortetlon Item 192,"Landscape Planting,"of the Standard Specifications,is amended with respect to the clauses cited below No other clauses or requirements of this Item are waived or changed. Section 3.15.,"Maintenance" The second sentence is voided and replaced by the following: Perform the maintenance work for a minimum of 365 calendar days at designated locations by following the work schedule and frequencies shown on the plans. Section 3.15.9.,"Plant Replacement,"is voided and replaced by the following: Remove and dispose of dead and damaged plants from the worksite as directed. Replace plants as originally specified prior to each payment as specified under Article 192.5.,"Payment" Article 192.5.,"Payment,"is voided and replaced by the following: The work performed and the materials furnished in accordance with this Item and measured as provided under"Measurement" will be paid for at the unit price bid for"Plant Material"of the size,"Plant Material"of the type,"Plant Material"of the size and type specified,"Plant Material"of the group specified or"Palm Material"of the type specified. This price is full compensation for furnishing the plant,mulch,plant soil mix,landscape edge,plant bed preparation and vegetation barrier,unless mulch,plant soil mix,landscape edge,plant bed preparation and vegetation barrier are specified as separate items. Payment for"Plant Material" and"Palm Material"will be handled in the following manner 5.1 Initial Payment. When the planting and installation of related materials are completed and approved,55%of the unit price bid for each plant will be paid. 5.2. Eleven 30-Day Payment. Following the initial payment,when the eleven 30-day periods of the 365-day maintenance (see Section 192.3.15,"Maintenance")are completed and approved,an additional 3.75%of the total price bid for all plants will be paid,but if the maintenance is not completed and approved for a 30-day period,that 3.75%will be forfeited. 5.3. Final Payment. When the final 35 days of the 365-day maintenance are completed and approved,and after final inspection and acceptance,an additional 3.75%of the total price bid for all plants will be paid,but if the maintenance is not completed and approved,that 3.75%will be forfeited. When mulch,plant soil mix,landscape edge,plant bed preparation and vegetation barrier are specified as separate pay items, 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"Mulch"or"Mulch"of the type specified,"Plant Soil Mix"or"Plant Soil Mix"of the type specified, "Landscape Edge"or"Landscape Edge"of the type specified,"Plant Bed Preparation"or"Plant Bed Preparation"of the type specified,and"Vegetation Barrier'or"Vegetation Barrier"of the type specified. Each price is full compensation for materials, equipment,labor,tools,and incidentals. 1 -1 08-15 Statewide Page 319 of 539 247-003 Special Provision to Item 247 -= -- Flexible Base , :porn! ansportation Item 247,"Flexible Base"of the Standard Specifications,is hereby amended with respect to the clauses cited below,and no other clauses or requirements of this Item are waived or changed hereby Section 2.4.,"Certification."This section is added' Personnel certified by the Department-approved soils and base certification program must conduct all sampling,field testing,and laboratory testing required by the following: ■ Section 2.1,"Aggregate," • Section 2.1.3.2,"Recycled Material(Including Crushed Concrete)Requirements," ■ Section 4.3,"Compaction,"for measuring flexible base depth,and • Section 4.3.2,"Density Control,"for determining the roadway density and moisture content. Supply the Engineer with a list of certified personnel and copies of their current certificates before laboratory and field testing is performed and when personnel changes are made.At any time during the project,the Engineer may perform production tests as deemed necessary in accordance with Item 5,"Control of the Work." Section 2.5.,"Reporting and Responsibilities."This section is added. Use Department-provided templates to record and calculate all test data.Obtain the current version of the templates at http://www.txdot.gov/iinside-txdotlforms-publications/consultants-contractors/forms/site-manager.html or from the Engineer The Engineer and the Contractor will provide any available test results to the other party when requested.Record and electronically submit all test results and pertinent information on Department-provided templates. Section 2.6.,"Sampling."This section is added. The Engineer will sample flexible base from stockpiles located at the production site or at the project location in accordance with Tex-400-A,Section 5.3.The Engineer will label the sample containers as"Engineer,""Contractor"or"Supplier,"and"CST/M&P" Witness the sampling and take immediate possession of the sample containers labeled"Contractor"or"Supplier"The Engineer will maintain custody of the samples labeled"CSTIM&P"until testing and reporting is completed. Section 2.7.,"Referee Testing."This section is added. CST/M&P is the referee laboratory The Contractor may request referee testing when the Engineer's test results fail to meet any of the material requirements listed in Table 1 Make the request via email within 5 working days after receiving test results from the Engineer Submit test reports signed and sealed by a licensed professional engineer from a commercial laboratory listed on the Department's Material Producer List(MPL)of laboratories approved to perform compaction and triaxial compression testing located at http://ftp.dot.state.tx.us/pub/txdot-info/cmd/mpllcomplabs.pdf.Submit completed test reports electronically on Department-provided templates in their original format.The referee laboratory will report test results to the Engineer within the allowable number of working days listed in Table 2 from the time the referee laboratory receives the samples.It is at the discretion of the Engineer or the referee laboratory to deny a referee request upon review of the test reports provided by the Contractor 1 06-18 Statewide Page 320 of 539 247-003 Table 2 Number of Allowable Working Days to Report Referee Test Results Material Property Test Method Working Days Gradation Tex-110-E,Part I 5 Liquid Limit(Multi-Point Method) Tex-104-E,Part I 5 Plasticity Index Tex-106-E 5 Wet Ball Mill Value Tex-116-E, Wet Ball Mill,%Increase passing#40 sieve Parts I and II 5 Compressive Strengths Tex-117-E,Part II 6 Compressive Strength2 Tex-117-E 12 1 Moisture-Density curve provided by the District 2. Moisture-Density curve determined by the referee laboratory Section 4.6.,"Ride Quality"This section is voided and replaced by the following. Measurement of ride quality only applies to the final travel lanes that receive a 1-or 2-course surface treatment for the final riding surface,unless otherwise shown on the plans.Measure the ride quality of the base course either before or after the application of the prime coat,as directed,and before placement of the surface treatment.Use a certified profiler operator from.the Department's MPL.When requested,furnish the Engineer documentation for the person certified to operate the profiler Provide all profile data to the Engineer in electronic data files within 3 days of measuring the ride quality using the format specified in Tex-1001-S.The Engineer will use Department software to evaluate longitudinal profiles to determine areas requiring corrective action.Correct 0.1-mi.sections for each wheel path having an average international roughness index(IRI)value greater than 100 in.per mile to an IRI value of 100 in.per mile or less,unless otherwise shown on the plans. Re-profile and correct sections that fail to maintain ride quality,as directed.Correct re-profiled sections until specification requirements are met,as approved.Perform this work at no additional expense to the Department. 2 06-18 Statewide Page 321 of 539 300-017 Special Provision to Item 300 Asphalts, Oils, and Emulsions ,ePar naportallon Item 300,"Asphalts,Oils,and Emulsions,"of the Standard Specifications,is amended with respect to the clauses cited below No other clauses or requirements of this Item are waived or changed. Section 300.2.,"Materials."The first paragraph is voided and replaced by the following. Provide asphalt materials that meet the stated requirements when tested in accordance with the referenced Department, AASHTO,and ASTM test methods.Use asphalt containing recycled materials only if the recycled components meet the requirements of Article 6.9,`Recycled Materials."Provide asphalt materials that the Department has preapproved for use in accordance with Tex-545-C,"Asphalt Binder Quality Program." Inform the Department of all additives or modifiers included in the asphalt binder as part of the facility quality plan,as required by Tex-545-C,"Asphalt Binder Quality Program,"and provide that information to Department personnel.The Department reserves the right to prohibit the use of any asphalt additive or modifier Limit the use of polyphosphoric acid to no more than 0.5%by weight of the asphalt binder The use of re-refined engine oil bottoms is prohibited. Section 300.2.2.,`Polymer-Modified Asphalt Cement,"Table 3 is supplemented by the following: Table 3A Polymer-Modified As'halt Cement Non-Trackinc Tack Coat—Hot Applied NT-HA Property Test Procedure Min Max Viscosity,275°F,cP T 316 - 4000 Penetration,77°F,100 g,5 sec. T 49 - 25 Softening Point,°F T 53 170 - Dynamic shear,G*/sin 6,82°C,10 radls,kPa T 315 1.0 - Flash Point,C.O.C.,°F T 48 425 Section 300.2.4.,"Emulsified Asphalt,"Table 10 is voided and replaced by the following: 1 -5 08-20 Statewide Page 322 of 539 300-017 Table 10 Polymer-Modified Cationic Emulsified Asphalt Type-Grade Pro a Slow- Test Rapid-Setting Medium-Setting Sett n P Procedure CRS-2P CHFRS-2P CRS-2TR CMS-1P3 CMS-2P3 CSS-1P Min :Max Min ; Max Min I Max Min ; Max Min ; Max Min ; Max Viscosity,Saybolt Furol T 72 77°F,sec. — — — — — -- 10 100 — — 20 100 122°F,sec. 150 400 100 400 150 500 — — 50 400 — — Sieve test,% T 59 — : 0.1 — 0.1 — 0.1 — 0.1 — 0.1 — 0.1 Demulsibility,35 ml of 0.8% T 59 70 — 60 — 40 sodium dioctyl sulfosuccinate,% — — — — — — Storage stability,1 day,% T 59 — 1 — 1 — 1 — 1 — 1 — 1 Breaking index,g Tex-542-C — — — — - — — — — — — — Particle charge T 59 Positive Positive Positive Positive Positive Positive Distillation tests, T 59 Residue by distillation,%by 65 — 65 — 65 — 30 — 60 — 62 — weight Oil distillate,%by volume of — 0.5 — 0.5 -- 3 — 0.5 — 0.5 — 0.5 emulsion Tests on residue from distillation: Polymer content,wt.%(solids Tex-533-C 3.0 — 3.0 — 5.07 — — — — — 3.0 basis) Penetration,77°F,100 g, T 49 90 150 80 130 90 150 30 — 30 — 55 90 5 sec. Viscosity,140°F,poise T 202 1,300 — 1,300 — 1,000 — — - — - — — Solubility in trichloroethylene, T 97.0 — 95.0 — 98 — — — — — 97.0 — 44 Softening point,°F T 53 — — 130 — — — — — — — 135 — Ductility,77°F,5 cm/min.,cm T 51 — — — — 40 -- — — — — 70 Float test,140°F,sec. T 50 — — 1,800 — — — — — — — Ductility,2 39.2°F 5 cm/min., T 51 cm Elastic recovery?50°F,% Tex-539-C 55 — 55 — — — - — - — — — Tests on residue from evaporative R 78, recovery Procedure B Nonrecoverable creep compliance of residue,3.2 T 350 - 2.0 - 4.0 kPa,52°C,kPa-1 Tests on rejuvenating agent: Viscosity,140°F,cSt T 201 — — — — — -- 50 175 50 175 — — Flash point,C.O.C.,°F T 48 — — — — — -- 380 — 380 — — — Saturates,%by weight D 2007 — — — — — — — 30 — 30 — — Solubility in n-pentane,%by D 2007 — — — — — 99 — 99 — — — weight Tests on rejuvenating agent after T 240 or TFO or RTFO. T 179 Weight Change,% — — — — — — — 6.5 — 6.5 — — Viscosity Ratio — — — — — , — — 3.0 — 3.0 — — Tests on latex4• Tensile strength,die C 6 — — — — — -- 800 — 800 — — — dumbbell,psi D 412 Change in mass after immersion in rejuvenating D 471 — — — — — — — 406 — 406 — — agent,% 2-5 08-20 Statewide Paae 323 of 539 300-017 1 Exception to T 59:Bring the temperature on the lower thermometer slowly to 350°F(±0°F).Maintain at this temperature for 20 min.Complete total distillation in 60 min.(±5 min.)from the first application of heat. 2. CRS-2P must meet one of either the ductility or elastic recovery requirements. 3. With all precertification samples of CMS-1 P or CMS-2P,submit certified test reports showing that the rejuvenating agent and latex meet the stated requirements.Submit samples of these raw materials if requested by the Engineer 4. Preparation of latex specimens:use any substrate and recovery method which produces specimens of uniform dimensions and which delivers enough material to achieve desired residual thickness. 5. Cut samples for tensile strength determination using a crosshead speed of 20 in.per minute. 6. Specimen must remain intact after exposure and removal of excess rejuvenating agent. 7 Modifier type is tire rubber Section 300.2.4.,"Emulsified Asphalt",is supplemented by the following: Emulsified Asphalt.Provide emulsified asphalt that is homogeneous,does not separate after thorough mixing,and meets the requirements for the specified type and grade in Tables 7,8,9,10 and 10A. Table 10A Non-Tracking Tack Coat Emulsion Hard Residue NT-HRE Regular Residue NT=RRE Property Test Procedure Min Max Min Max Viscosity,Saybolt Furol,77°F,sec T 72 15 — 15 — Storage stability,1 Day,% T 59 -- 1 -- 1 Settlement,5-day,% T 59 2 5 2 5 Sieve test,% T 59 — 0.30 — 0.30 Distillation test1 T 59 Residue by distillation,%by wt. 50 — 50 -- Oil distillate,by volume of emulsion — 1.0 -- 1.0 Test on residue from distillation: Penetration,77°F,100 g,5 sec. T 49 — 20 20 60 Solubility in trichloroethylene,% T 44 97.5 — 97.5 — Softening point,°F T 53 150 150 Dynamic shear,G*/sin(i),82°C,10 radls,kPa T 315 1.0 — 1.0 — 1 Exception to AASHTO T-59:Bring the temperature on the lower thermometer slowly to 350°F± 10°F Maintain at this temperature for 20 min.Complete total distillation in 60±5 min.from first application of heat. Section 300.2.5.,"Specialty Emulsions."The first sentence is voided and replaced with the following: Specialty emulsions may be either asphalt-based or resin-based and must meet the requirements of Table 11 or Table 11A. Section 300.2.5.,"Specialty Emulsions,"is supplemented by the following: 3-5 08-20 Statewide Page 324 of 539 300-017 Table 11A Hard Residue Surface Sealant Property Test Procedure Min ; Max Viscosity,Krebs unit,77°F,Krebs units D 562 45 75 Softening point,°F T 53' 250 -- Uniformity D 2939 Pass2 Resistance to heat D 2939 _ Pass3 Resistance to water D 2939 Pass4 Wet flow,mm D 2939 — 0 Resistance to Kerosene(optional)5 D 2939 Pass& Ultraviolet exposure,UVA-340,0.77 W/m2,50°C chamber,8 hours UV lamp,5 G 154 Passe min spray,3 hours 55 minutes condensation,1000 hr total exposuree Abrasion loss,1.6 mm thickness,liquid only,% ISSA TB-100 - 1.0 Residue by evaporation,%by weight D 2939 33 — Tests on residue from evaporation: Penetration,77°F,100 g,5 sec. T 49 15 30 Flash point,Cleveland open cup,°F T48 500 Tests on base asphalt before emulsification Solubility in trichloroethylene,% T 44 98 — 1 Cure the emulsion in the softening point ring in a 200°F±5°F oven for 2 hr 2.Product must be homogenous and show no separation or coagulation that cannot be overcome by moderate stirring. 3.No sagging or slippage of film beyond the initial reference line. 4 No blistering or re-emulsification. 5.Recommended for airport applications or where fuel resistance is desired. 6.No absorption of Kerosene into the clay tile past the sealer film.Note sealer surface condition and loss of adhesion. 7 Other exposure cycles with similar levels of irradiation and conditions may be used with Department approval. 8.No cracking,chipping,surface distortion,or loss of adhesion.No color fading or lightening. Section 300.2.10.,"Performance-Graded Binders,"Table 17 is voided and replaced by the following: 4-5 08-20 Statewide Paqe 325 of 539 300-017 Table 17 Performance-Graded Binders Performance Grade Property and Test Method PG 58 PG 64 PG 70 PG 76 PG 82 -22 -28 -34 -16 -22 -28 -34 -16 -22 -28 -34 -16 -22 -28 -34 -16 -22 -28 Average 7-day max pavement design 58 64 70 76 82 temperature,°CI Min pavement design temperature,°CI -22 -28 -34 -16 -22 -28 -34 -16 -22 --28 -34 -16 -22 -28 -34 -16 -22 -28 Original Binder Flash point,T 48,Min,°C 230 Viscosity,T 3162.3. 135 Max,3.0 Pa-s,test temperature,°C Dynamic shear,T 3154* G*/sin(S),Min,1.00 kPa,Max,2.00 58 64 70 76 82 kPa7, Test temperature @ 10 rad/sec.,°C Elastic recovery,D6084,50°F,%Min8 — — 30 — — 30 50 — 30 50 60 30 50 60 70 50 60 70 Rolling Thin-Film Oven(Tex-541-C) Mass loss,Tex-541-C,Max,% 1.0 Dynamic shear,T 315. G*/sin(S),Min,2.20 kPa,Max,5.00 58 64 70 76 82 kPa7, Test temperature @ 10 rad/sec.,°C MSCR,T350,Recovery,0.1 kPa,High - 20 - - 20 30 - 20 30 40 20 30 40 50 30 40 50 Temperature,%Mina Pressure Aging Vessel(PAV)Residue(R 28) PAV aging temperature,°C 100 Dynamic shear,T 315: G*/sin(S),Max,5000 kPa 25 22 19 28 25 22 19 28 25 22 19 28 25 22 19 28 25 22 Test temperature @ 10 rad/sec.,°C Creep stiffness,T 3136.6. S,max,300 MPa, -12 -18 -24 -6 -12 -18 -24 -6 -12 -18 -24 -6 -12 -18 -24 -6 -12 -18 m-value,min,0.300 Test temperature @ 60 sec.,°C Direct tension,T 3146. Failure strain,min,1.0% -12 -18 -24 -6 -12 -18 -24 -6 -12 -18 -24 -6 -12 -18 -24 -6 -12 -18 Test temperature @ 1.0 mm/min.,°C 1 Pavement temperatures are estimated from air temperatures using an algorithm contained in a Department-supplied computer program,may be provided by the Department,or by following the procedures outlined in AASHTO MP 2 and PP 28. 2. This requirement may be waived at the Department's discretion if the supplier warrants that the asphalt binder can be adequately pumped,mixed,and compacted at temperatures that meet all applicable safety,environmental,and constructability requirements.At test temperatures where the binder is a Newtonian fluid,any suitable standard means of viscosity measurement may be used, including capillary(T 201 or T 202)or rotational viscometry(T 316). 3. Viscosity at 135°C is an indicator of mixing and compaction temperatures that can be expected in the lab and field.High values may indicate high mixing and compaction temperatures.Additionally,significant variation can occur from batch to batch.Contractors should be aware that variation could significantly impact their mixing and compaction operations.Contractors are therefore responsible for addressing any constructability issues that may arise. 4. For quality control of unmodified asphalt binder production,measurement of the viscosity of the original asphalt binder may be substituted for dynamic shear measurements of G*/sin(S)at test temperatures where the asphalt is a Newtonian fluid.Any suitable standard means of viscosity measurement may be used,including capillary(T 201 or T 202)or rotational viscometry(T 316). 5. Silicone beam molds,as described in AASHTO TP 1-93,are acceptable for use. 6. If creep stiffness is below 300 MPa,direct tension test is not required.If creep stiffness is between 300 and 600 MPa,the direct tension failure strain requirement can be used instead of the creep stiffness requirement.The m-value requirement must be satisfied in both cases. 7 Maximum values for unaged and RTFO aged dynamic shear apply only to materials used as substitute binders,as described in specification items,340,341,and 344 8. Elastic Recovery(ASTM D6084)is not required unless MSCR(ASTM 315)is less than the minimum%recovery Elastic Recovery shall be used for the acceptance criteria in this instance. 5-5 08-20 Statewide Pane 326 of 539 316-002 Special Provision to Item 316 7rxas Seal Coat Department of7fansportatlon Item 316,"Seal Coat"of the Standard Specifications is amended with respect to the clauses cited below No other clauses or requirements of this Item are waived or changed. Section 4.8,"Asphalt Placement"is supplemented by the following: 4.8.5. Collect all samples in accordance with Tex-500-C,"Sampling Bituminous Materials,Pre-Molded Joint Fillers, and Joint Sealers"from the distributor and with witness by the Engineer At least once per project,collect split samples of each binder grade and source used. The Engineer will submit one split sample to MTD for testing and retain the other split sample. In addition,collect one sample of each binder grade and source used on the project for each production day The Engineer will retain these samples. The Engineer will keep all retained samples for one yr.,for hot-applied binders and cutback asphalts;or for two mo.,for emulsified asphalts.The Engineer may submit retained samples to MTD for testing as necessary or as requested by MTD 1 -1 07-19 Statewide Page 327 of 539 340-003 Special Provision to Item 340 Dense-Graded Hot-Mix Asphalt (Small Quantity) on P Y) For this project,Item 340,"Dense-Graded Hot-Mix Asphalt(Small Quantity),"of the Standard Specifications,is hereby amended with respect to the clauses cited below,and no other clauses or requirements of this Item are waived or changed hereby Section 340.2.5.,°Tack Coat."The first paragraph is voided and replaced by the following. Furnish CSS-1 H,SS-1 H,or a PG binder with a minimum high-temperature grade of PG 58 for tack coat binder in accordance with Item 300,"Asphalts,Oils,and Emulsions."Specialized tack coat materials listed on the Department's MPL are allowed or required when shown on the plans.Do not dilute emulsified asphalts at the terminal,in the field,or at any other location before use. Section 340.4.1.,°Certification"The paragraph is voided and replaced by the following. Certification.Personnel certified by the Department-approved hot-mix asphalt certification program must conduct all mixture designs,sampling,and testing in accordance with Table 6.Supply the Engineer with a list of certified personnel and copies of their current certificates before beginning production and when personnel changes are made.Provide a mixture design developed and signed by a Level 2 certified specialist.Provide Level 1A certified specialists at the plant during production operations.Provide Level 1 B certified specialists to conduct placement tests.Provide Level AGG101 certified specialists for aggregate testing. Table 6,°Test Methods,Test Responsibility,and Minimum Certification Levels° is voided and replaced by the following. 1 -3 07-19 Statewide Page 328 of 539 340-003 Table 6 Test Methods,Test Responsibility,and Minimum Certification Levels Test Description 1 Test Method Contractor Engineer Leves1 1.Aggregate and Recycled Material Testing Sampling 1 Tex-221-F ✓ ✓ 1A/AGG101 Dry sieve I Tex-200-F,Part I ✓ ✓ 1A/AGG101 Washed sieve I Tex-200-F,Part II I ✓ 1A/AGG101 Deleterious material Tex-217-F,Parts I&Ill I I AGG101 Decantation Tex-217-F,Part II ✓ ✓ : AGG101 Los Angeles abrasion Tex-410-A ✓ TxDOT Magnesium sulfate soundness Tex-411-A - I TxDOT Micro-Deval abrasion 1 Tex-461-A ✓ AGG101 Crushed face count Tex-460-A ✓ I AGG101 Flat and elongated particles ' Tex-280-F I I AGG101 Linear shrinkage Tex-107-E ✓ ✓ AGG101 Sand equivalent I Tex-203-F ✓ ✓ AGG101__ Organic impurities I Tex-408-A ✓ I AGG101 2.Asphalt Binder&Tack Coat Sam ling Asphalt binder sampling Tex-500-C,Part II ✓ ✓ 1A/1 B Tack coat sampling Tex-500-C,Part III ✓ ✓ 1A/1B 3.Mix Design& Verification Design and JMF changes I Tex-204-F I ✓ 2 Mixing ! Tex-205-F I ' 1 2 Molding(TGC) Tex-206-F ✓ I 1A Molding(SGC) Tex-241-F I I 1A Laboratory-molded density Tex-207-F,Parts I&VI ✓ ✓ 1A, Rice gravity Tex-227-F,Part II ✓ ✓ 1A Ignition oven correction factors2 'Tex-236-F,Part II ✓ 1 2 Indirect tensile strength Tex-226-F ✓ I 1A Hamburg Wheel test Tex-242-F ✓ I 1A Boil test Tex-530-C ✓ I 1A 4.Production Testing Mixture sampling Tex-222-F ✓ ✓ 1A/1 B Molding(TGC) Tex-206-F I 1A Molding(SGC) Tex-241-F I 1A. Laboratory-molded density Tex-207-F,Parts I&VI I 1A Rice gravity Tex-227-F,Part II ✓ 1A Gradation&asphalt binder content2 Tex-236-F,Part I '✓ 1A Moisture content Tex-212-F,Part II I 1A/AGG101 Hamburg Wheel test Tex-242-F I 1A Boil test Tex-530-C ✓ 1A 5.Placement Testing In-place air voids Tex-207-F,Parts I&VI I 1A In-place density(nuclear method) i Tex-207-F,Part III I 1 B Establish rolling pattern Tex-207-F,Part IV I 1B Ride quality measurement Tex-1001-S I I Note 3 1 Level 1A,1 B,AGG101,and 2 are certification levels provided by the Hot Mix Asphalt Center certification program. 2. Refer to Section 340.4.8.3., Production Testing,"for exceptions to using an ignition oven. 3. Profiler and operator are required to be certified at the Texas A&M Transportation Institute facility when Surface Test Type B is specified. 2-3 07-19 Statewide Paae 329 of 539 340-003 Section 340.4.4.2.,Mixing and Discharge of Materials." The first paragraph is voided and replaced by the following. Notify the Engineer of the target discharge temperature and produce the mixture within 25°F of the target.Monitor the temperature of the material in the truck before shipping to ensure that it does not exceed 350°F(or 275°F for WMA).The Department will not pay for or allow placement of any mixture produced above 350°F Section 340.4.6.2.,"Tack Coat." The paragraph is voided and replaced by the following. 4.6.2.1 Application.Clean the surface before placing the tack coat.The Engineer will set the rate between 0.04 and 0.10 gal. of residual asphalt per square yard of surface area.Apply a uniform tack coat at the specified rate unless otherwise directed.Apply the tack coat in a uniform manner to avoid streaks and other irregular patterns.Apply the tack coat to all surfaces the will come in contact with the subsequent HMA placement,unless otherwise directed. Allow adequate time for emulsion to break completely before placing any material.Prevent splattering of tack coat when placed adjacent to curb,gutter,and structures.Do not dilute emulsified asphalts at the terminal,in the field,or at any other location before use. 4.6.2.2 Sampling.The Engineer will obtain at least one sample of the tack coat binder per project in accordance with Tex-500-C,Part III,and test it to verify compliance with Item 300,"Asphalts,Oils,and Emulsions."The Engineer will obtain the sample from the asphalt distributor immediately before use. For emulsions,the Engineer may test as often as necessary to ensure the residual of the emulsion is greater than or equal to the specification requirement in Item 300,"Asphalts,Oils,and Emulsions." Section 340.5.,"Measurement," is voided and replaced by the following. 5.1 Dense Graded Hot-Mix Asphalt(SQ).Hot mix will be measured by the ton of composite hot-mix,which includes asphalt,aggregate,and additives.Measure the weight on scales in accordance with Item 520,"Weighing and Measuring Equipment." 5.2 Tack Coat.Tack coat will be measured at the applied temperature by strapping the tank before and after road application and determining the net volume'in gallons from the calibrated distributor The Engineer will witness all strapping operations for volume determination.All tack,including emulsions,will be measured by the gallon applied. The Engineer may allow the use of a metering device to determine asphalt volume used and application rate if the device is accurate within 1.5%of the strapped volume. Section 340.6.,"Payment," the first paragraph is voided and replaced with the following. The work performed and materials furnished in accordance with this Item and measured as provided under Article 340.5.1, "Measurement,"will be paid for at the unit bid price for"Dense Graded Hot-Mix Asphalt(SQ)"of the mixture type,SAC,and binder specified.These prices are full compensation for surface preparation,materials,placement,equipment,labor,tools,and incidentals. Section 340.6.,"Payment," is supplemented by the following. The work performed and materials furnished in accordance with this Item and measured as provided under Section 340.5.2, "Measurement,"will be paid for at the unit bid price for"Tack Coat'of the tack coat provided.These prices are full compensation for materials,placement,equipment,labor,tools,and incidentals. 3-3 07-19 Statewide Page 330 of 539 421-009 Special Provision to Item 421 - - Hydraulic Cement Concrete FTeEOUOfl y Item 421,"Hydraulic Cement Concrete"of the Standard Specifications is amended with respect to the clauses cited below No other clauses or requirements of this Item are waived or changed. Article 421.2,"Materials,"the second sentence of the first paragraph is voided and replaced by the following. Provide aggregates from sources listed in the Department's Concrete Rated Source Quality Catalog(CRSQC). Article 421.2.2,Supplementary Cementing Materials(SCM),is voided and replaced with the following. Supplementary Cementing Materials(SCM). • Fly Ash.Furnish fly ash,Modified fly ash(MFA),and Ground Bottom Ash(GBA)conforming to DMS-4610,"Fly Ash." • Slag Cement.Furnish Slag Cement conforming to DMS-4620,"Slag Cement." • Silica Fume.Furnish silica fume conforming to DMS-4630,"Silica Fume." • Metakaolin.Furnish metakaolin conforming to DMS-4635,"Metakaolin." Article 421.3.1.3,"Agitators and Truck and Stationary Mixers,"the first paragraph is voided and replaced by the following. Provide stationary and truck mixers capable of combining the ingredients of the concrete into a thoroughly mixed and uniform mass and capable of discharging the concrete so that the requirements of Tex-472-A are met. Article 421.3.1.3,"Agitators and Truck and Stationary Mixers,"is supplemented with the following. Truck mixers with automated water and chemical admixture measurement and slump and slump flow monitoring equipment meeting the requirement of ASTM C 94 will be allowed.Provide data every 6 mo.substantiating the accuracy of slump,slump flow,temperature,water,and chemical admixture measurements.The slump measured by the automated system must be within 1 in.of the slump measured in accordance with Tex-415-A.The concrete temperature measured by the automated system must be within 1°F of concrete temperature measured in accordance with Tex-422-A.The Engineer will not use the automated measurements for acceptance. 1 -6 04-20 Statewide Page 331 of 539 421-009 Article 421.4.2,"Mix Design Proportioning,"Table 8 is voided and replaced by the following. Table 8 Concrete Classes Class of Design Max Coarse Mix Cement Exceptions to Concrete Strength,1 wlcm Aggregate Design p General Usages Min P.(psi) Ratio Gradesz3.4 Types Options Mix Design Options When the cementitious material Curb,gutter,curb&gutter,conc. content does not exceed retards,sidewalks,driveways, A 3,000 0.60 1-4,8 520 lb./cu.yd. any fly ash listed back-up walls,anchors,non- I,II,fill,IL, in the MPL maybe used at a reinforced drilled shafts IP IS,IT V 1,2,4,&7 cement replacement of 20%to 50%. Riprap,traffic signal controller B 2,000 0.60 2-7 foundations,small roadside signs,and anchors Drilled shafts,bridge substructure,bridge railing, I II,I/II,IP, 1-8 culverts except top slab of direct CB 3,600 0.45 1-6 IL,IS,IT,V traffic culverts,headwalls,wing walls,inlets,manholes,concrete traffic barrier When the cementitious material Seal concrete I,II,I/II, content does not exceed 520 E 3,000 0.50 2-5 IL,IP IS,IT lb./cu.yd. any fly ash listed in the MPL may be used at a V 1-8 cement replacement of 20%to 50%.. I II,Illl,IP, Railroad structures;occasionally F6 Note7 0.45 2-.5 IL,IS,IT,V for bridge piers,columns, bents post-tension members Do not use Type III cement in Precast concrete,post-tension mass placement concrete. members I,II,1/11,III, Up to 20%of blended cement H6 Note7 0.45 3-6 IP IL,IS,IT 1-4 may be replaced with listed V SCMs when Option 4 is used for precast concrete. Options 6,7 &8 allowed for cast-in-place Class H concrete. S6 4,000 0.45 2-5 III,I/II,IP 1-8 Bridge slabs,top slabs of direct IL,IS,IT V traffic culverts,approach slabs When the cementitious material Concrete pavement See content does not exceed 520 P Item 360 0.50 2-3 III,Ifll,IL, 1-8 lb./cu.yd. any fly ash listed in "Concrete IP,IS,IT V the MPL may be used at a Pavement." cement replacement of 20%to 50%.. C06 4,600 0.40 6 Bridge deck concrete overlay 1-8 LMC6 4,000 0.40 6-8 Latex-modified concrete overlay I,II,I/Il,IP Use a minimum cementitious Slurry displacement shafts, IL,IS,IT,V material content of 658 lb./cu. underwater drilled shafts SS6 3,600 0.45 4-6 1-8 yd.of concrete. Limit the alkali loading to 4.0 lbs.cu.yd.or less when using option 7. I,II,I/11,Ill Note7 K6 Note7 0.40 Note7 IP IL,IS,IT 1-8 V Mix design options do not apply Concrete pavement,concrete HES Note7 0.45 Note7 I,IL,II,I/ll, 700 lb.of cementitious material pavement repair III per cubic yard limit does not apply. 2-6 04-20 Statewide Page 332 of 539 421-009 Design Max Coarse Mix Class of Strength; wlcm Aggregate Cement Design Exceptions to General Usages Concrete Min f°(psi) Ratio Gradesz7.' Types Options Mix Design Options Maximum fly ash replacement for Option 3 may be increased to °X° I,II,I/II,III 50%. (HPC) Note+° 0.45 Notes IP,IL,IS,IT 1-4,&8 Up to 20%of a blended cement s,s,e V may be replaced with listed SCMs for Option 4. Do not use Option 8 for precast concrete. When using fly ash,only use fly ashes allowed for SRC as listed in the Fly Ash MPL. Type III-MS may be used where allowed. Type I and Type III cements may °X" be use when fly ashes allowed (SRC) Hotels 0.45 Hotels I/II,II,IP IL, 14 &7 for SRC as listed in the Fly Ash 6,8 e IS,IT V MPL are used,and with a maximum w/cm of 0.40. Up to 20%of blended cement may be replaced with listed SCMs when Option 4 is used for precast concrete. Do not use Option 7 for precast concrete++. 1 Design strength must be attained within 56 days. 2. Do not use Grade 1 coarse aggregate except in massive foundations with 4 in.minimum clear spacing between reinforcing steel bars, unless otherwise permitted.Do not use Grade 1 aggregate in drilled shafts. 3. Use Grade 8 aggregate in extruded curbs unless otherwise approved. 4. Other grades of coarse aggregate maybe used in non-structural concrete classes when allowed by the Engineer 5. For information only 6. Structural concrete classes. 7 As shown on the plans or specified. 8. "X"denotes class of concrete shown on the plans or specified. 9. (HPC):High Performance Concrete,(SRC):Sulfate Resistant Concrete. 10. Same as class of concrete shown on the plans. 11 Option 7 will be allowed for precast concrete products included in Items 462,464,and 465. Article 421 4.2.2,"Aggregates,"is supplemented by the following. Use the following equation to determine if the aggregate combination meets the sand equivalency requirement when blending fine aggregate or using an intermediate aggregate: (SE,xP)+(SE2 xP2)+(SEa x FL)>80% 100 where: SE1=sand equivalency(%)of fine aggregate 1 SE2=sand equivalency(%)of fine aggregate 2 SE;a=sand equivalency(%)of intermediate aggregate passing the 3/8 in.sieve Pt=percent by weight of fine aggregate 1 of the fine aggregate blend P2=percent by weight of fine aggregate 2 of the fine aggregate blend P;a=percent by weight of intermediate aggregate passing the 3/8 in.sieve Article 421.4.2.5,"Slump,"the second paragraph is voided and not replaced.Table 9 is voided and replaced with below 3-6 04-20 Statewide Pate 333 of S39 421-009 Table 9 Placement Slump Requirements Placement Slump General Usage Range,1.2 in. Walls(over 9 in.thick),caps,columns,piers 3 to 7 Bridge slabs,top slabs of direct traffic culverts,approach slabs,concrete overlays,latex- 3 to 6 modified concrete for bridge deck overlays Inlets,manholes,walls(less than 9 in.thick);bridge railing,culverts,concrete traffic barrier 4 to 6 concrete pavement(formed) Precast concrete 4 to 9 Underwater concrete placements 6 to 8-1/2 See Item 416, Drilled shafts,slurry displaced and underwater drilled shafts "Drilled Shaft Foundations." Curb,gutter,curb and gutter,concrete retards,sidewalk,driveways,seal concrete,anchors, As approved riprap,small roadside sign foundations,concrete pavement repair,concrete repair 1. Maximum slump values may be increase above these values shown using chemical admixtures,provided the admixture treated concrete has the same or lower water-to-cementitious ratio and does not exhibit segregation or excessive bleeding.Request approval to increase slump limits in advance for proper evaluation by the Engineer 2. For fiber reinforced concrete,perform slump before addition of fibers. Article 421.2.6,"Mix Design Options",is voided and replaced with the following. Option 1 Replace cement with at least the minimum dosage listed in the Fly Ash MPL for the fly ash used in the mixture.Do not replace more than 50%of the cement with fly ash. Option 2.Replace 35%to 50%of the cement with slag cement. Option 3.Replace 35%to 50%of the cement with a combination of fly ash,slag cement,MFAmetakaolin,or at least 3%silica fume;however,no more than 35%may be fly ash,and no more than 10%may be silica fume. Option 4.Use Type IP,Type IS,or Type IT cement as allowed in Table 8 for each class of concrete.Up to 10%of a Type IP, Type IS,or Type IT cement may be replaced with fly ash,slag cement,or silica fume.Use no more than 10%silica fume in the final cementitious material mixture if the Type IT cement contains silica fume,and silica fume is used to replace the cement. Option 5.Option 5 is left intentionally blank. Option 6.Use a lithium nitrate admixture at a minimum dosage determined by testing conducted in accordance with Tex-471-A. Before use of the mix,provide an annual certified test report signed and sealed by a licensed professional engineer,from a laboratory on the Department's MPL,certified by the Construction Division as being capable of testing according to Tex-471-A. Option 7 Ensure the total alkali contribution from the cement in the concrete does not exceed 3.5 lb.per cubic yard of concrete when using hydraulic cement not containing SCMs calculated as follows: (lb cement per cu.yd.)x(%Na2O equivalent in cement) lb alkali per cu.yd. _ 100 In the above calculation,use the maximum cement alkali content reported on the cement mill certificate. Option 8.Use Table 10 when deviating from Options 1-3 or when required by the Fly Ash MPL.Perform required testing annually,and submit results to the Engineer Laboratories performing ASTM C1260,ASTM C1567,and ASTM C1293 testing must be listed on the Department's MPL.Before use of the mix,provide a certified test report signed and sealed by a licensed professional engineer demonstrating the proposed mixture conforms to the requirements of Table 10. 4-6 04-20 Statewide Page 334 of 539 421-009 Provide a certified test report signed and sealed by a licensed professional engineer,when HPC is required,and less than 20% of the cement is replaced with SCMs,demonstrating ASTM C1202 test results indicate the permeability of the concrete is less than 1,500 coulombs tested immediately after either of the following curing schedules: • Moisture cure specimens 56 days at 73°F • Moisture cure specimens 7 days at 73°F followed by 21 days at 100°F Table 10 Option 8 Testing and Mix Design Requirements 0 ASTM C1260 Result Testing Requirements for Mix Design Materials Mix Design Mix Design or Prescriptive Mix Design Options Fine.Aggregate Coarse Aggregate Determine the dosage of SCMs needed to limit the 14-day expansion of A >0.10% >0.10% each aggregate1 to 0.10%when tested individually in accordance with ASTM C1567 Use the minimum replacement listed in the Fly Ash MPL,or 5 0.10% s 0.10% When Option 8 is listed on the MPL,use a minimum of 40%fly ash with B a maximum Ca02 content of 25%,or Use any temary combination which replaces 35%to 50%of cement. 5 0.10% ASTM C1293 1 yr Use a minimum of 20%of any fly ash;or Expansion<_0.04% Use any ternary combination which replaces 20%to 50%of cement. Determine the dosage of SCMs needed to limit the 14-day expansion of C <_0 10% >0.10% coarse and intermediate1 aggregate to 0.10%when tested individually in accordance with ASTM C1567 Use the minimum replacement listed in the Fly Ash MPL,or >0.10% s 0.10% When Option 8 is listed on the MPL,use a minimum of 40%fly ash with a maximum CaO2 content of 25%,or D Use any ternary combination which replaces 35%to 50%of cement. ASTM C12931 yr Determine the dosage of SCMs needed to limit the 14-day expansion of >0.10% Expansion 5 0.04% each' fine aggregate to 0.10%when individually tested in accordance with ASTM C1567 1 Intermediate size aggregates will fall under the requirements of mix design coarse aggregate. 2. Average the Ca0 content from the previous ten values as listed on the test certificate. Article 421 4.2.7,"Optimized Aggregate Gradation(OAG)Concrete,"the first sentence of the first paragraph is voided and replaced by the following. The gradations requirements in Table 4 and Table 6 do not apply when OAG concrete is specified or used by the Contractor unless otherwise shown on the plans. The fineness modulus for fine aggregate listed in Table 5,does not apply when OAG Concrete is used, Article 421 4.6.2,Delivering Concrete,"the third paragraph is supplemented by the following. When truck mixers are equipped with automated water or chemical admixture measurement and slump or slump flow monitoring equipment,the addition of water or chemical admixtures during transit is allowed.Reports generated by this equipment must be submitted to the Engineer daily Article 421 4.6.2,"Delivering Concrete,"the fifth paragraph is voided and replaced with the following.Begin the discharge of concrete delivered in truck mixers within the times listed in Table 14 Concrete delivered after these times,and concrete that has not begun to discharge within these times will be rejected Article 421 4.8.3,"Testing of Fresh Concrete,"is voided and replaced with the following. Testing Concrete.The Engineer,unless specified in other Items or shown on the plans,will test the fresh and hardened concrete in accordance with the following methods: 5-6 04-20 Statewide Page 335 of 539 421-009 • Slump.Tex-415-A, • Air Content.Tex-414-A or Tex-416-A, • Temperature.Tex-422-A, • Making and Curing Strength Specimens.Tex-447-A, • Compressive Strength.Tex-418-A, • Flexural Strength.Tex-448-A,and • Maturity Tex-426-A. Flexural strength and maturity specimens will not be made unless specified in other items or shown on the plans. Concrete with slump less than minimum required after all addition of water withheld will be rejected,unless otherwise allowed by the Engineer Concrete with slump exceeding maximum allowed may be used at the contractors option.If used,Engineer will make,test,and evaluate strength specimens as specified in Article 421.5.,"Acceptance of Concrete."Acceptance of concrete not meeting air content or temperature requirements will be determined by Engineer Fresh concrete exhibiting segregation and excessive bleeding will be rejected. Article 421 4.8.3.1 "Job-Control Testing,"is voided and not replaced. 6-6 04-20 Statewide Paae 336 of 539 440-004 Special Provision to Item 440 Twos Reinforcement for Concrete, Lam Item 440,"Standard Specification Title"of the Standard Specifications is amended with respect to the clauses cited below.No other clauses or requirements of this Item are waived or changed. Article 440.2.,"Materials"is supplemented with the following: 2.14 Provide zinc-coated,hot-dip galvanized Class I or II steel reinforcement conforming to ASTM A767,Grades 60 or 75 when shown on the plans and as allowed. 2.15. Provide continuously hot-dip galvanized reinforcement(CGR)conforming to ASTM A1094 steel reinforcement,Grades 60 or 75 when shown on the plans and as allowed. Article 440.2.5.,"Weldable Reinforcing Steel"is supplemented with the following: All welding operations must be performed prior to hot-dip galvanizing. Article 440.2.8.,"Mechanical Couplers"is supplemented with the following: Provide hot-dipped or mechanically galvanized couplers when splicing galvanized reinforcing or continuously galvanized reinforcing. Article 440.2.11.,"Low-Carbon,Chromium Reinforcing Steel."The first sentence is voided and replaced by the following: Provide deformed steel bars conforming to ASTM A1035,Grade 100,Type CS when low-carbon,chromium reinforcing steel is required on the plans.Type CM will only be permitted if specified on the plans. Article 440.3.1.,"Bending"is supplemented with the following: Do not bend hot-dip galvanized reinforcement.Only minor positioning adjustments are permitted. Bending of continuously galvanized reinforcement is!permitted after galvanizing. Article 440.3.5,"Placing"the following will be added to paragraph four Use Class 1 or 1A supports with continuously galvanized reinforcing.Provide epoxy or plastic-coated tie wires and clips for use with epoxy coated reinforcing steel. Article 440.3.6.3.,"Repairing Coating"is supplemented with the following: Repair damaged galvanized surfaces in accordance with Article 445.3.5.2."Repair Processes." 1 -1 11-20 Statewide Pane 337 of 539 441-003 Special Provision to Item 441 Steel Structures Ararampodation Item 441,"Steel Structures"of the Standard Specifications is amended with respect to the clauses cited below No other clauses or requirements of this Item are waived or changed. Section 441.2.3.,"High-Strength Bolts,"is revised and replaced by the following: High-Strength Bolts.Use fasteners that meet Item 447,"Structural Bolting."Use galvanized fasteners on field connections of bridge members when ASTM F3125-Grade A325 bolts are specified and steel is painted. Section 441.3.1.5.1.,"Plants,"The second and third paragraphs are voided and replaced with the following: Fabrication plants that produce the following non-bridge steel members must be approved in accordance with DMS-7380,"Steel Non-Bridge Member Fabrication Plant Qualification." • Item 610,'Roadway Illumination Poles" • Item 613,"High Mast Illumination Poles" • Item 614,"High Mast Rings and Support Assemblies" • Item 650,"Overhead Sign Support Structures" • Item 654,"Sign Walkways" • Item 686,"Traffic Signal Poles" • Special Specification 6064,"Intelligent Transportation System(ITS)Poles." The Materials and Tests Division maintains a list of approved non-bridge fabrication plants on the Department MPL that produce these members. Section 441.3.1.6.1.,"Erection Drawings,"the third paragraph is voided and replaced with the following: Perform erection engineering evaluation of the structural adequacy and stability of constructing the bridge system for each step of the steel erection. Section 441.3.1.5.3.,"Nondestructive Testing(NDT),"is voided and replaced with the following: Nondestructive Testing(NDT).Personnel performing NDT must be qualified in accordance with the applicable AWS code and the employer's Written Practice.Level III personnel who qualifies Level I and Level II technicians must be certified by ASNT for which.the NDT Level III is qualified.In addition,NDT technicians must pass hands-on tests the Material and Tests Division administers.This will remain current provided they continue to perform testing on Department materials as evidenced by test reports requiring their signature.A technician who fails any of the hands-on tests must wait 3 mo.or as approved by the Engineer before retesting.Qualification to perform NDT will be revoked when the technician's employment is terminated or when the technician does not perform a test on a Department project for 6 mo. The technician must pass a new hands-on test to be re-certified.Testing of similar weld joints for non-Department projects may be considered by the Engineer instead of re-testing provided enough documentation is submitted with the signature of the project's Engineer These requirements also apply to testing agencies,and individual third-party contractors. Section 441.3.1.5.4.,"Welding Procedure Specification Qualification Testing,"is voided and replaced by the following: For Fabricators qualified in accordance with DMS-7370,DMS-7380,or DMS-7395,laboratories performing procedure qualification testing for welding procedure specifications(WPSs)must be accredited by a nationally recognized agency that performs testing in accordance with ISO/International Electrotechnical Commission(IEC)17025 in the mechanical field of testing. 1 -2 05-21 Statewide Paae 338 of 539 441-003 Section 441.3.1.9.,"Material Identification,"is amended to include the following paragraph: Low-stress stencil marks must have a radius instead of a sharp point.Acceptable stencils include dot,vibration,and rounded-V stencils. Label these stencils so that they are easily distinguishable from other stencils that are not low- stress. Section 441.3.2.4.1.,"Flange Tilt,"the last sentence is voided and replaced with the following: Minor jacking that does not deform the material will be permitted. Section 441.3.2.5.3.,"Magnetic Particle Testing,'i is voided and replaced with the following: Magnetic Particle Testing.Use alternating current(AC)when using the yoke method unless otherwise approved.Welds may be further evaluated with half-wave rectified DC for subsurface indications.Centerline cracking may be detected with aluminum prod method when approved by the Engineer Section 441.3.5.8.,"Hammering,"is added to state the following: Do not perform hammering on any portion of the member that causes the material to permanently deform.Avoid damage to the material by measures such as use of brass or aluminum hammers or by padding the area to be hammered. Section 441.3.8.1.,"Shop Painting,"is amended to include with the following paragraph: Measure the anchor profile after blast cleaning at random locations along the thermal cut surfaces.If specified anchor profile is not achieved over the entire flame cut surface,grind;the edges and reblast to achieve the required anchor pattern. Section 441.3.9.,"Handling and Storage of Materials,"The second sentence of the second paragraph is replaced by the following: Keep materials clean and avoid damaging of the applied coating. 2-2 05-21 Statewide Paae 339 of 539 442-001 Special Provision to Item 442 Metal for Structures ,r ,on�f Item 442,"Metal for Structures"of the Standard Specifications is amended with respect to the clause cited below No other clauses or requirements of this Item are waived or changed. Section 442.2.1.3.3.,"Fasteners." The first sentence of the first paragraph is replaced by the following: Fasteners. Provide high-strength bolts that meet ASTM F3125-Grade A325 unless otherwise shown on the plans. Section 442.2.1.3.3.,"Fasteners." The third paragraph is deleted and not replaced. 1 -1 05-19 Statewide Page 340 of 539 462-002 Special Provision to Item 462 Toms Concrete Box Culverts and Drains Item 462,"Concrete Box Culverts and Drains,"of the Standard Specifications,is hereby amended with respect to the clauses cited below,and no other clauses or requirements of this Item are waived or changed hereby Section 2.1.,"General."The last paragraph is voided and replaced with the following: Furnish material for precast formed and machine-made box culverts in accordance with DMS-7305,"Fabrication and Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures." Sections 2.2.2.,"Formed Precast," and 2.2.3.,"Machine-Made Precast,"are voided and replaced by the following. 2.2.2 Precast.Precast formed and machine—made box culvert fabrication plants must be approved in accordance with DMS-7305,"Fabrication and Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures."The Construction Division maintains a list of approved precast box culvert fabrication plants on the Department's MPL.Fabricate precast boxes in accordance with DMS-7305,"Fabrication and Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures." Sections 2.3.2.,"Formed Precast," and 2.3.3.,"Machine-Made Precast," are voided and replaced by the following. 2.3.2 Precast.Make,cure,and test compressive test specimens for precast formed and machine—made box culverts in accordance with DMS-7305,"Fabrication and Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures. Section 2.5.,"Marking,"the first paragraph is voided and replaced with the following. Marking.Clearly mark each precast unit with the following: ■ Name or trademark of fabricator and plant location; • ASTM designation and product designation(when applicable); • Date of manufacture, • Box size, • Minimum and maximum fill heights, • Designation"TX"for precast units fabricated per DMS-7305, • Fabricator's designated approval stamp for each approved unit, • Designation"SR"for boxes meeting sulfate-resistant concrete plan requirements(when applicable),and ■ Precast drainage structures used for jacking and boring(when applicable). Section 2.6.,"Tolerances."The section is voided and replaced with the following. Ensure precast sections meet the permissible variations listed in ASTM C1577 Ensure that the sides of a section at each end do not vary from being perpendicular to the top and bottom by more than 1/2 in. when measured diagonally between opposite interior corners.Deviations from this tolerance will be acceptable if the sections can be fitted at the plant and the joint opening at any point does not exceed 1 in.Use match-marks for proper installation on sections that have been accepted in this manner Ensure wall and slab thicknesses are not less than shown on the plans except for occasional deficiencies not greater than 3/16 in.or 5%,whichever is greater If proper jointing is not affected,thicknesses in excess of plan requirements are acceptable. 1 08/19 Statewide Page 341 of 539 462-002 Section 2.7.,'Defects and Repair" The section is voided and replaced with the following: Fine cracks on the surface of members that do not extend to the plane of the nearest reinforcement are acceptable unless the cracks are numerous and extensive.Repair cracks that extend into the plane of the reinforcing steel in accordance with the Department's Concrete Repair Manual.The Engineer may accept boxes with repairs that are sound,properly finished,and cured in conformance with pertinent specifications.Discontinue further production of precast sections until corrections are made and proper curing is provided when fine cracks on the surface indicate poor curing practices. Repair precast boxes in accordance with DMS-7305,"Fabrication and Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures." Section 2.8.,"Storage and Shipment" This section is voided and replaced with the following: 2.8 Storage and Shipment.Store precast sections on a level surface.Do not place any load on the sections until design strength is reached and curing,is complete.Store and ship precast boxes in accordance with DMS-7305,"Fabrication and Qualification Production for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures. 2 08/19 Statewide Paae 342 of 539 464-001 Special Provision to Item 464 Reinforced Concrete Pipe Appror4.. oth Item 464,"Reinforced Concrete Pipe,"of the Standard Specifications,is hereby amended with respect to the clauses cited below,and no other clauses or requirements of this'IItem are waived or changed hereby Section 2.1.,°Fabrication" The section is voided and replaced with the following. Fabrication plants must be approved by the Materials and Tests Division in accordance with DMS-7305,"Fabrication and Qualification Procedure for.Multi-Project Fabrication Plants of Precast Concrete Drainage Structures,"before furnishing precast reinforced concrete pipe for Departmental 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-7305,"Fabrication and Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures." Section 2.3.,"Marking.'The first paragraph is voided and replaced with the following. Furnish each section of reinforced concrete pipe mai-ked with the following information specified in DMS-7305,"Fabrication and Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures." • Class or D-Load of pipe, • ASTM designation, • Date of manufacture, • Pipe size, • Name or trademark of fabricator and plant location, • Designation"TX"for precast units fabricated per DMS-7305; • Designated fabricator's approval stamp for each approved unit, • Pipe to be used for jacking and boring(when applicable),and • Designation"SR"for pipe meeting sulfate-resistant concrete plan requirements(when applicable): Section 2.5.,"Causes for Rejection." The section is voided and replaced with the following. Individual sections of pipe may be rejected for any of the conditions stated in the Annex of DMS-7305,"Fabrication and Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures." Section 2.6.,"Repairs."The section is voided and replaced with the following: Make repairs,if necessary,as stated in the Annex of DMS-7305,"Fabrication and Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures." 1 08-19 Statewide Page 343 of 539 465-001 Special Provision to Item 465 Junction Boxes, Manholes, and Inlets ram Item 465,"Junction Boxes,Manholes,and Inlets,"of the Standard Specifications,is hereby amended with respect to the clauses cited below,and no other clauses or requirements of this Item are waived or changed hereby Section 2.1.,"Concrete," The section is voided and replaced with the following. Furnish concrete per DMS-7305 for formed and machine-made precast junction boxes,manholes,and inlets.Furnish Class C concrete for cast-in-place junction boxes,manholes,and inlets unless otherwise shown on the plans. Section 3.1.,"Precast Junction Boxes,Manholes,and Inlets," The section is voided and replaced with the following. Construct formed and machine-made precast junction boxes,manholes,and inlets in accordance with DMS-7305,"Fabrication and Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures"and the Contract Plans,except as otherwise noted in this Item. Multi-project fabrication plants as defined in Item 424"Precast Concrete Structural Members(Fabrication),"that produce junction boxes,manholes,and inlets will be approved by the Materials and Tests Division in accordance with DMS-7305,"Fabrication and Qualification Procedure for Multi-Project Fabrication Plants of Precast Concrete Drainage Structures."The Department's MPL has a list of approved multi-project fabrication plants. Section 3.1 1.,"Lifting Holes," The section is voided and not replaced. Section 3.1.2.,"Marking." The section is voided and replaced with the following. Marking.Clearly mark each precast junction box,manhole,and inlet unit with the following information: • name or trademark of fabricator and plant location; ▪ product designation; • ASTM designation(if applicable); • date of manufacture; • designation"TX"for precast units fabricated per DMS-7305; • designated fabricator's approval stamp for each approved unit;and • designation"SR"for product meeting sulfate-resistant concrete plan requirements(when applicable). 1 02-19 , Statewide Page 344 of 539 502-008 Special Provision to Item 502 Barricades, Signs and Traffic HandlingFiSfOOn Item 502,"Barricades,Signs and Traffic Handling"of the Standard Specifications,is hereby amended with respect to the clauses cited below,and no other clauses or requirements of this Item are waived or changed hereby Article 502.1.,"Description,"is supplemented by the following: Temporary work-zone(TWZ)traffic control devices manufactured after December 31,2019,must have been successfully tested to the crashworthiness requirements of the 2016 edition of the Manual for Assessing Safety Hardware(MASH).Such devices manufactured on or before this date and successfully tested to NCHRP Report 350 or the 2009 edition of MASH may continue to be used throughout their normal service lives.An exception to the manufacture date applies when,based on the project's date of letting,a category of MASH-2016 compliant TWZ traffic control devices are not approved,or are not self-certified after the December 31,2019,date.In such case,devices that meet NCHRP-350 or MASH-2009 may be used regardless of the manufacture date. Such TWZ traffic control devices include:portable sign supports,barricades,portable traffic barriers designated exclusively for use in temporary work zones,crash cushions designated exclusively for use in temporary work zones,longitudinal channelizers, truck and trailer mounted attenuators.Category I Device (i.e.,lightweight devices)such as cones,tubular markers and drums without lights or signs attached however,may be self-ce ified by the vendor or provider,with documentation provided to Department or as are shown on Department's Compliant Work Zone Traffic Control Device List. Article 502.4.,"Payment,"is supplemented by the following: Truck mounted attenuators and trailer attenuators will be paid for under Special Specification,"Truck Mounted Attenuator(TMA) and Trailer Attenuator(TA)."Portable Changeable Message Signs will be paid for under Special Specification,"Portable Changeable Message Sign."Portable Traffic Signals will be paid for under Special Specification,"Portable Traffic Signals." 1 07-20 Statewide Pape 345 of 539 506-005 Special Provision to Item 506 Temporary Erosion, Sedimentation, and Environmental r , , Controls Item 506,"Temporary Erosion,Sedimentation,and Environmental Controls,"of the Standard Specifications is amended with respect to the clauses cited below No other clauses or requirements of this Item are waived or changed. Article 506.1.,"Description."The second paragraph is voided and replaced by the following. Contractor is considered primary operator to have day-to-day operational control as defined in TPDES GP TXR150000. 1 1 For projects with soil disturbance of less than 1;acre,no submittal to TCEQ will be required but Contractor will follow SWP3. For projects with soil disturbance of 1 acre to less than 5 acres a small site notice will be posted at the site.For projects with soil disturbance of 5 acres or more a Notice of Intent(NO1)is required and a large site notice posted at site.Postings will be in accordance with TPDES GP TXR150000.Postings not associated with project specific locations will be in same location as Department's postings. 1.2. Notice of Intent(NO1).Submit a NO1,if applicable,with the TCEQ under the TPDES GP TXR150000 at least 7 days prior to commencement of construction activities at the project site.Provide a signed copy to the Engineer and any other MS4 operators at the time of submittal.The Department will submit their NO1 prior to contractor submission and will provide a copy for Contractor's use in completing the Contractor's NO1 form. 1.3. Notice of Change(NOC). Upon concurrence of the Engineer,submit a NOC,if applicable,to the TCEQ within 14 days of discovery of a change or revision to the NO1 as.required by the TPDES GP TXR150000.Provide a signed copy of the NOC to the Engineer and any other MS4 operators at the time of submittal. 14. Notice of Termination(NOT). Upon concurrence of the Engineer,submit a NOT,if applicable,to the TCEQ within 30 days of the Engineer's approval that 70%native background vegetative cover is met or equivalent permanent stabilization have been employed in accordance with the TPDES GP TXR 150000.Provide a signed copy of the NOT to the Engineer and any other MS4 operators at the time of submittal. Section 506.3.1,"Contractor Responsible Person Environmental(CRPE)Qualifications and Responsibilities,"is supplemented by the following: 3.1 Contractor Responsible Person Environmental(CRPE)Qualifications and Responsibilities.Provide and designate in writing at the preconstruction conference a CRPE and alternate CRPE,who have overall responsibility for the storm water management program.The CRPE will implement stormwater and erosion control practices;will oversee and observe stormwater control measure monitoring and management;will monitor the project site daily and produce daily monitoring reports as long as there are BMPs in place or soil disturbing activities are evident to ensure compliance with the SWP3 and TPDES General Permit TXR150000.Daily monitor reports shall be maintained and made available upon request.During time suspensions when work is not occurring or on contract non-work days,daily inspections are not required unless a rain event has occurred.The CRPE will provide recommendations on how to improve the effectiveness of control measures. Attend the Department's preconstruction conference for the project.Ensure training is completed as identified in Section 506.3.3.,"Training,"by all applicable personnel before employees work on the project.Document and maintain and make available upon request,a list,signed by the CRPE,of all applicable Contractor and subcontractor employees who have completed the training.Include the employee's name,the training course name,and date the employee completed the training. Section 506.3.3.,"Training,"is supplemented by the following: 1 -2 08-20 Statewide Page 346 of 539 506-005 Training is provided by the Department at no cost to the Contractor and is valid for 3 yr from the date of completion.The Engineer may require the following training at a frequency less than 3 yr based on environmental needs: • "Environmental Management System:Awareness Training for the Contractor"(English and Spanish)(Approximate running time 20 min.),and • "Storm Water Environmental Requirements During Construction"(English and Spanish)(Approximate running time 20 min.). The Contractor responsible person environmental(CRPE),alternate CRPE designated for emergencies,Contractor's superintendent,Contractor,and subcontractor lead personnel involved in soil disturbing or SWP3 activities must enroll in and complete the training listed below and maintain and make available upon request the certificate of completion.Training is provided by a third party and is valid for 3 yr from;the date shown on the Certificate of Completion.Coordinate enrollment as prescribed by the Department and pay associated fees for the following training: • "Revegetation During Construction," • "Construction General Permit Compliance,"and • "Construction Stage Gate Checklist(CSGC)." Training and associated fee will not be measured or paid for directly but are subsidiary to this Item. 2-2 08-20 Statewide Paae 347 of 539 636-001 Special Provision to Item 636 = _ - Signs Department of ThmsportatIon Item 636,"Signs"of the Standard Specifications,is hereby amended with respect to the clauses cited below,and no other clauses or requirements of this Item are waived or changed hereby Section 636.3.1,"Fabrication."is deleted. Section 636.3.1.2,"Sheeting Application."The last sentence of the fourth paragraph is voided and replaced by the following. Do not splice sheeting or overlay films for signs fabricated with ink or with colored transparent films. 1 12-17 Statewide Page 348 of 539 656-001 Special Provision to Item 656 Foundations for Traffic Control Devices of TYansportetlon Item 656,"Foundations for Traffic Control Devices"of the Standard Specifications is amended with respect to the clauses cited below.No other clauses or requirements of this Item are waived or changed. Article 3."Construction.,"the first paragraph is supplemented by the following: Ensure the top of the foundation and anchor bolts meet specified requirements in relation to the final grade. 1 -1 09-21 Statewide Page 349 of 539 666-007 Special Provision to Item 666 Retroreflectorized Pavement Markings r Texas Item 666,"Retroreflectorized Pavement Markings,"of the Standard Specifications is amended with respect to the clauses cited below.No other clauses or requirements of this Item are waived or changed. Section 2.3.,"Glass Traffic Beads."The first paragraph is voided and replaced by the following: Furnish drop-on glass beads in accordance with DMS-8290,"Glass Traffic Beads,"or as approved.Furnish a double-drop of Type II and Type III drop-on glass beads for longitudinal pavement markings where each type bead is applied separately in equal portions(by weight),unless otherwise approved.Apply the Type III beads before applying the Type II beads.Furnish Type II beads for work zone pavement markings and transverse markings or symbols. Section 4.3.1.,"Type I Markings.,"is supplemented by thefollowing: 4.3.1.3.Spot Striping.Perform spot striping on a callout basis with a minimum callout quantity as shown on the plans. Section 4.3.2.,"Type II Markings.,"is supplemented by thefollowing: 4.3.2.1 Spot Striping.Perform spot striping on a callout basis with a minimum callout quantity as shown on the plans. Section 4.4.,"Retroreflectivity Requirements.,"is voided and replaced by the following. Type I markings for Contracts totaling more than 20,000 ft.of pavement markings must meet the following minimum retroreflectivity values for all longitudinal edgeline,centerline or no passing barrier-line,and lane line markings when measured any time after 3 days,but not later than 10 days after'application. White markings:250 millicandelas per square meter per lux(mcd/m2Ax) \ Yellow markings:175 mcd/m2Ax Retroreflectivity requirements for Type I markings are not required for Contracts with less than 20,000 ft.of pavement markings or Contracts with callout work,unless otherwise shown on the plans. Section 4.5.,"Retroreflectivity Measurements.,"is voided and replaced by the following: Use a mobile retroreflectometer to measure retroreflectivity for Contracts totaling more than 50,000 ft.of pavement markings, unless otherwise shown on the plans.For Contracts with less than 50,000 ft.of pavement markings,mobile or portable retroreflectometers may be used at the Contractor's discretion.Coordinate with and obtain authorization from the Engineer before starting any retroreflectivity data collection. Section 4.5.1.,"Mobile Retroreflectometer Measurements."The last paragraph is voided and replaced by the following. Restripe again at the Contractor's expense with a minimum of 0.060 in.(60 mils)of Type I marking material if the average of these measurements falls below the minimum retroreflectivity requirements.Take measurements every 0.1 miles a minimum of 10 days after this third application within that mile segment for that series of markings.If the markings do not meet minimum retroreflectivity after this third application,the Engineer may require removal of all existing markings,a new application as initially specified,and a repeat of the application process until minimum retroreflectivity requirements are met. 1 -2 02-18 Statewide Page 350 of 539 666-007 Section 4.5.2.,"Portable Retroreflectometer Measurements."The first and second paragraphs are voided and replaced by the following. Provide portable measurement averages for every 1.0 mile unless otherwise specified or approved.Take a minimum of 20 measurements for each 1-mi.section of roadway for each series of markings(e.g.,edgeline,center skip line,each line of a double line)and direction of traffic flow when using a portable reflectometer Measure each line in both directions for centerlines on two-way roadways(i.e.,measure both double solid lines in both directions and measure all center skip lines in both directions). The spacing between each measurement must be at least 100 ft.The Engineer may decrease the mileage frequency for measurements if the previous measurements provide satisfactory results.The Engineer may require the original number of measurements if concerns arise. Restripe at the Contractor's expense with a minimum of 0.060 in.(60 mils)of Type I marking material if the averages of these measurements fail.Take a minimum of 10 more measurements after 10 days of this second application within that mile segment for that series of markings.Restripe again at the Contractor's expense with a minimum of 0.060 in.(60 mils)of Type I marking material if the average of these measurements falls below the minimum retroreflectivity requirements.If the markings do not meet minimum retroreflectivity after this third application,the Engineer may require removal of all existing markings,a new application as initially specified,and a&repeat of the application process until minimum retroreflectivity requirements are met. Section 4.6."Performance Period."The first sentence is voided and replaced by the following: All longitudinal markings must meet the minimum retroreflectivity requirements within the time frame specified.All markings must meet all other performance requirements of this specification for at least 30 calendar days after installation. Article 6."Payment"The first two paragraphs are voided and replaced by the following. 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`Pavement Sealer"of the size specified;`Retroreflectorized Pavement Markings"of the type and color specified and the shape,width,size,and thickness(Type I markings only)specified,as applicable;"Retroreflectorized Pavement Markings with Retroreflective Requirements"of the types,colors,sizes,widths,and thicknesses specified; "Retroreflectorized Profile Pavement Markings"of the various types,colors,shapes,sizes,and widths specified;or"Reflectorized Pavement Marking(Call Out)"of the shape,width,size,and thickness(Type I markings only)specified,as applicable;or "Pavement Sealer(Call Out)"of the size specified. This price is full compensation for materials,application of pavement markings,equipment,labor,tools,and incidentals. Paae 351 of 539 672-001 Special Provision to Item 672 Raised Pavement Markings iror:anansamentpoasnation For this.project,Item 672,"Raised Pavement Markings,"of the Standard Specifications,is hereby amended with respect to the clauses cited below,and no other clauses or requirements of this Item are waived or changed hereby Article 672.3.,"Construction,"the twelfth paragraph is voided and replaced by the following: Provide a 30-day performance period that begins the day following written acceptance for each separate location or patch.The date of written acceptance will be the last calendar day of each month for the RPMs installed that month for the completed separate project locations.This written acceptance does not constitute final acceptance. Article 672.3.,"Construction, is supplemented by the following: 672.3.1 Raised Pavement Markers Patch. Raised Pavement Markers will be in accordance with Item 672,"Raised Pavement Markers."Unless otherwise directed in the General Notes and Specification Data,a patch will be defined as 1,000 LF or less along the center line of the roadway The Engineer will determine whether to remove and place markers on the entire roadway segment or just the patch areas.Unless otherwise directed on the plans,the Contractor will remove temporary pavement markings(tabs or temporary tape)prior to placement of permanent markers. Article 672.5.,"Payment,"the first paragraph is voided and replaced by the following: The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid at the unit price bid for"Reflectorized Pavement Marker,""Traffic Button,""Plowable Reflectorized Pavement Marker,"or "Reflectorized Pavement Marker(Patch)"of the types specified. 1 11-14 Waco and Houston Districts Page 352 of 539 672-001 RPMs INSTALLATION RECORD The 30-day performance period begins the day after written acceptance for each separate location.The date of written acceptance will be the last calendar day of each month for the RPMs installed that month for the completed separate project locations. COUNTY CONTROL LIMITS FROM MONTH/YR HIGHWAY PROJECT LIMITS TO OF INSTALLATION Contractor signature Date Department signature Date 2 11-14 Waco and Houston Districts Pane 353 of 539 1006 Special Specification 1006 = __ Landscape Soil Amendment "apartment 1 DESCRIPTION Install landscape soil amendment as shown on the plans or as directed. 2. MATERIALS Furnish materials in accordance with the plans. 3. CONSTRUCTION Use construction methods in accordance with the plans. 4. MEASUREMENT This Item will be measured by square yard. 5. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement will be paid for at the unit price bid for"Landscape Soil Amendment"or"Landscape Soil Amendment"of type specified. This price is full compensation for furnishing all materials,equipment,labor, and incidentals. 1 -1 08-15 Statewide Pape 354 of 539 3076 Special Specification 3076 r_ Dense-Graded Hot-Mix Asphalt 1 DESCRIPTION Construct a hot-mix asphalt(HMA)pavement layer composed of a compacted,dense-graded mixture of aggregate and asphalt binder mixed hot in a mixing plant.Payment adjustments will apply to HMA placed under this specification unless the HMA is deemed exempt in accordance with Section 3076.4.9.4.,"Exempt Production." 2. MATERIALS Fumish uncontaminated materials of uniform quality that meet the requirements of the plans and specifications. Notify the Engineer of all material sources and before changing any material source or formulation.The Engineer will verify that the specification requirements are met when the Contractor makes a source or formulation change,and may require a new laboratory mixture design,trial batch,or both.The Engineer may sample and test project materials at any time during the project to verify specification compliance in accordance with Item 6,"Control of Materials." 2.1 Aggregate.Furnish aggregates from sources that conform to the requirements shown in Table 1 and as specified in this Section.Aggregate requirements in this Section,including those shown in Table 1,may be modified or eliminated when shown on the plans.Additional aggregate requirements may be specified when shown on the plans.Provide aggregate stockpiles that meet the definitions in this Section for coarse, intermediate,or fine aggregate.Aggregate from reclaimed asphalt pavement(RAP)is not required to meet Table 1 requirements unless otherwise shown on the plans.Supply aggregates that meet the definitions in Tex-100-E for crushed gravel or crushed stone.The Engineer will designate the plant or the quarry as the sampling location.Provide samples from materials produced for the project The Engineer will establish the Surface Aggregate Classification(SAC)and perform Los Angeles abrasion,magnesium sulfate soundness, and Micro-Deval tests.Perform all other aggregate quality tests listed in Table 1 Document all test results on the mixture design report.The Ehgineer may perform tests on independent or split samples to verify Contractor test results.Stockpile aggregates for each source and type separately Determine aggregate gradations for mixture design and production testing based on the washed sieve analysis given in Tex-200-F, Part II. 2.1 1 Coarse Aggregate.Coarse aggregate stockpiles must have no more than 20%material passing the No.8 sieve.Aggregates from sources listed in the Department's Bituminous Rated Source Quality Catalog (BRSQC)are preapproved for use.Use only the rated values for hot-mix listed in the BRSQC Rated values for surface treatment(ST)do not apply to coarse aggregate sources used,in hot-mix asphalt. For sources not listed on the Departments BRSQC: • build an individual stockpile for each material; • request the Department test the stockpile for specification compliance;and • once approved,do not add material to the stockpile unless otherwise approved. Provide aggregate from non-listed sources only when tested by the Engineer and approved before use.Allow 30 calendar days for the Engineer to sample,test,and report results for non-listed sources. 1 -31 10-19 Statewide Page 355 of 539 3076 Provide coarse aggregate with at least the minimum SAC shown on the plans.SAC requirements only apply to aggregates used on the surface of travel lanes.SAC requirements apply to aggregates used on surfaces other than travel lanes when shown on the plans.The SAC for sources on the Department's Aggregate Quality Monitoiing Program(AQMP)(Tex-499-A)is listed in the BRSQC. 2.1 1 1 Blending Class A and Class B Aggregates.Class B aggregate meeting all other requirements in Table 1 may be blended with a Class A.aggregate to meet requirements for Class A materials,unless otherwise shown on the plans.Ensure that at least 50%by weight,or volume if required,of the material retained on the No.4 sieve comes from the Class A aggregate source when blending Class A and B aggregates to meet a Class A requirement unless otherwise shown on the plans.Blend by volume if the bulk specific gravities of the Class A and B aggregates differ by more than 0.300 Coarse aggregate from RAP and Recycled Asphalt Shingles(RAS)will be considered as Class B aggregate for blending purposes. The Engineer may perform tests at any time during production,when the Contractor blends Class A and B aggregates to meet a Class A requirement,to ensure that at least 50%by weight,or volume if required,of the material retained on the No.4 sieve comes from the Class A aggregate source.The Engineer will use the Department's mix design template,when electing to verify conformance,to calculate the percent of Class A aggregate retained on the No.4 sieve by inputting the bin percentages shown from readouts in the control room at the time of production and stockpile gradations measured at the time of production.The Engineer may determine the gradations based on either washed or dry sieve analysis from samples obtained from individual aggregate cold feed bins or aggregate stockpiles.The Engineer may perform spot checks using the gradations supplied by the Contractor on the mixture design report as an input for the template;however, a failing spot check will require confirmation with a stockpile gradation determined by the Engineer 2.1 1.2. Micro-Deval Abrasion.The Engineer will perform a minimum of one Micro-Deval abrasion test in accordance with Tex-461-A for each coarse aggregate source used in the mixture design that has a Rated Source Soundness Magnesium(RSSM)loss value greater than 15 as listed in the BRSQC.The Engineer will perform testing before the start of production and may perform additional testing at any time during production.The Engineer may obtain the coarse aggregate samples from each coarse aggregate source or may require the Contractor to obtain the samples.The Engineer may waive all Micro-Deval testing based on a satisfactory test history of the same aggregate source. The Engineer will estimate the magnesium sulfate soundness loss for each coarse aggregate source,when tested,using the following formula: Mgest._(RSSMJ(MDact1RSMD) where: Mgest.=magnesium sulfate soundness loss MDact=actual Micro-Deval percent loss RSMD=Rated Source Micro-Deval When the estimated magnesium sulfate soundness loss is greater than the maximum magnesium sulfate soundness loss specified,the coarse aggregate source will not be allowed for use unless otherwise _ approved.The Engineer will consult the Soils and Aggregates Section of the Materials and Tests Division, and additional testing may be required before granting approval. 2.1.2. Intermediate Aggregate.Aggregates not meeting the definition of coarse or fine aggregate will be defined as intermediate aggregate.Supply intermediate aggregates,when used that are free from organic impurities. The Engineer may test the intermediate aggregate in accordance with Tex-408-A to verify the material is free from organic impurities.Supply intermediate aggregate from coarse aggregate sources,when used that meet the requirements shown in Table 1 unless otherwise approved. Test the stockpile if 10%or more of the stockpile is retained on the No.4 sieve,and verify that it meets the requirements in Table 1 for crushed face count(Tex-460-A)and fiat and elongated particles(Tex-280-F). 2-31 10-19 Statewide Page 356 of 539 3076 2.1.3. Fine Aggregate.Fine aggregates consist of manufactured sands,screenings,and field sands.Fine aggregate stockpiles must meet the gradation requirements in Table 2.Supply fine aggregates that are free from organic impurities.The Engineer may test the fine aggregate in accordance with Tex-408-A to verify the material is free from organic impurities.Unless otherwise shown on the plans, up to 10%of the total aggregate may be field sand or other uncrushed fine aggregate.Use fine aggregate,with the exception of field sand,from coarse aggregate sources that meet the requirements shown in Table 1 unless otherwise approved. Test the stockpile if 10%or more of the stockpile is retained on the No.4 sieve and verify that it meets the requirements in Table 1 for crushed face count(Tex-460-A)and flat and elongated particles(Tex-280-F). Table 1 Aggrgate Quality Requirements Property Test Method Requirement Coarse Aggregate SAC Tex-499-A(AQMP) As shown on the plans Deleterious material,%,Max Tex-217-F,Part I 1.5 Decantation,%,Max Tex-217-F,Part II 1.5 Micro-Deval abrasion,% Tex-461-A Note 1 Los Angeles abrasion,%,Max Tex-410-A 40 Magnesium sulfate soundness,5 cycles,%, Tex 411-A 30 Max Crushed face count 2%,Min Tex-460-A,Part I 85 Flat and elongated particles @ 5:1,%,Max Tex-280-F 10 Fine A gregate Linear shrinkage,%,Max Tex-107-E 3 Sand equivalent,%,Min Tex-203-F 45 1 Used to estimate the magnesium sulfate soundness loss in accordance with Section 3076.2.1 1.2.,"Micro-Deval Abrasion." 2. Only applies to crushed gravel. Table 2 Gradation Requirements for Fine Aggregate Sieve Size %Passing by Weight or Volume 3/8" 100 #8 70-100 #200 0-30 2.2. Mineral Filler Mineral filler consists of finely divided mineral matter such as agricultural lime,crusher fines, hydrated lime,or fly ash.Mineral filler is allowed unless otherwise shown on the plans.Use no more than 2% hydrated lime or fly ash unless otherwise shown on the plans.Use no more than 1%hydrated lime if a substitute binder is used unless otherwise shown on the plans or allowed.Test all mineral fillers except hydrated lime and fly ash in accordance with Tex-107-E to ensure specification compliance.The plans may require or disallow specific mineral fillers.Provide mineral filler,when used,that: • is sufficiently dry,free-flowing,and free from clumps and foreign matter as determined by the Engineer; • does not exceed 3%linear shrinkage when tested in accordance with Tex-107-E,and • meets the gradation requirements in Table 3,unless otherwise shown on the plans. Table 3 Gradation Requirements for Mineral Filler Sieve Size %Passing by Weight or Volume #8 . . 100 #200 •55-100 2.3. Baghouse Fines.Fines collected by the baghouse or other dust-collecting equipment may be reintroduced into the mixing drum. 2.4 Asphalt Binder Furnish the type and grade of performance-graded(PG)asphalt specified on the plans. 3-31 10-19 Statewide Page 357 of 539 3076 2.5. Tack Coat.Furnish CSS-1 H,SS-1 H,or a PG binder with a minimum high-temperature grade of PG 58 for tack coat binder in accordance with Item 300,"Asphalts,Oils,and Emulsions."Specialized tack coat materials listed on the Department's MPL are allowed or required when shown on the plans.Do not dilute emulsified asphalts at the terminal,in the field,or at any other location before use. 2.6. Additives.Use the type and rate of additive specified when shown on the plans.Additives that facilitate mixing,compaction,or improve the quality of the mixture are allowed when approved.Provide the Engineer with documentation such as the bill of lading showing the quantity of additives used in the project unless otherwise directed. 2.6.1 Lime and Liquid Antistripping Agent.When lime or a liquid antistripping agent is used,add in accordance with Item 301,"Asphalt Antistripping Agents."Do not add lime directly into the mixing drum of any plant where lime is removed through the exhaust stream unless the plant has a baghouse or dust collection system that reintroduces the lime into the drum. 2.6.2. Warm Mix Asphalt(WMA).Warm Mix Asphalt(WMA)is defined as HMA that is produced within a target temperature discharge range of 215°F and 275°F using approved WMA additives or processes from the Department's MPL. WMA is allowed for use on all projects and is required when shown on the plans.When WMA is required,the maximum placement or target discharge temperature for WMA will be set at a value below 275°F Department-approved WMA additives or processes may be used to facilitate mixing and compaction of HMA produced at target discharge temperatures above 275°F,however,such mixtures will not be defined as WMA. 2.6.3. Compaction Aid.Compaction.Aid is defined as a chemical warm mix additive that is used to produce an asphalt mixture at a discharge temperature greater than 275°F Compaction Aid is allowed for use on all projects and is required when shown on the plans. 2.7 Recycled Materials.Use of RAP and RAS is permitted unless otherwise shown on the plans. Use of RAS is restricted to only intermediate and base mixes unless otherwise shown on the plans.Do not exceed the maximum allowable percentages of RAP and RAS shown in Table 4 The allowable percentages shown in Table 4 may be decreased or increased when shown on the plans.Determine the asphalt binder content and gradation of the RAP and RAS stockpiles for mixture design purposes in accordance with Tex-236-F,Part I. The Engineer may verify the asphalt binder content of the stockpiles at any time during production.Perform other tests on RAP and RAS when shown on the plans.Asphalt binder from RAP and RAS is designated as recycled asphalt binder Calculate and ensure that the ratio of the recycled asphalt binder to total binder does not exceed the percentages shown in Table 5 during mixture design and HMA production when RAP or RAS is used.Use a separate cold feed bin for each stockpile of RAP and RAS during HMA production. Surface,intermediate,and base mixes referenced in Tables 4 and 5 are defined as follows: • Surface.The final HMA lift placed at the top of the pavement structure or placed directly below mixtures produced in accordance with Items 316,342,347,or 348; • Intermediate.Mixtures placed below an HMA surface mix and less than or equal to 8.0 in.from the riding surface;and • Base.Mixtures placed greater than 8.0 in.from the riding surface.Unless otherwise shown on the plans,mixtures used for bond breaker are defined as base mixtures. 2.71 RAP RAP is salvaged,milled,pulverized,broken,or crushed asphalt pavement.Fractionated RAP is defined as a.stockpile that contains RAP material with a minimum of 95.0%passing the 3/8-in.or 1/2-in. sieve,before burning in the ignition oven,unless otherwise approved.The Engineer may allow the Contractor to use an alternate to the 3/8-in.or 1/2-in.screen to fractionate the RAP 4-31 10-19 Statewide Page 358 of 539 3076 Use of Contractor-owned RAP including HMA plant waste is permitted unless otherwise shown on the plans. Department-owned RAP stockpiles are available for the Contractor's use when the stockpile locations are shown on the plans.If Department-owned RAP is available for the Contractor's use,the Contractor may use Contractor-owned fractionated RAP and replace it with an equal quantity of Department-owned RAP Department-owned RAP generated through required work on the Contract is available for the Contractor's use when shown on the plans.Perform any necessary tests to ensure Contractor-or Department-owned RAP is appropriate for use.The Department will not perform any tests or assume any liability for the quality of the Department-owned RAP unless otherwise shown on the plans.The Contractor will retain ownership of RAP generated on the project when shown on the plans. Do not use Department-or Contractor-owned RAP contaminated with dirt or other objectionable materials. Do not use Department-or Contractor-owned RAP if the decantation value exceeds 5%and the plasticity index is greater than 8.Test the stockpiled RAP for decantation in accordance with Tex-406-A,Part I. Determine the plasticity index in accordance with Tex-106-E if the decantation value exceeds 5%.The decantation and plasticity index requirements do not apply to RAP samples with asphalt removed by extraction or ignition. Do not intermingle Contractor-owned RAP stockpiles with Department-owned RAP stockpiles.Remove unused Contractor-owned RAP material from the project site upon completion of the project.Return unused Department-owned RAP to the designated stockpile location. Table 4 Maximum Allowable Amounts of RAP1 Maximum Allowable Fractionated RAP %) Surface Intermediate Base 15.0 25.0 30.0 1 Must also meet the recycled binder to total binder ratio shown in Table 5. 2.7.2. RAS.Use of post-manufactured RAS or post-consumer RAS(tear-offs)is not permitted in surface mixtures unless otherwise shown on the plans. RAS may be used in intermediate and base mixtures unless otherwise shown on the plans.Up to 3%RAS may be used separately or as a replacement for fractionated RAP in accordance with Table 4 and Table 5.RAS is defined as processed asphalt shingle material from manufacturing of asphalt roofing shingles or from re-roofing residential structures.Post-manufactured RAS is processed manufacturer's shingle scrap by-product.Post-consumer RAS is processed shingle scrap removed from residential structures.Comply with all regulatory requirements stipulated for RAS by the TCEQ.RAS may be used separately or in conjunction with RAP Process the RAS by ambient grinding or granulating such that 100%of the particles pass the 3/8 in.sieve when tested in accordance with Tex-200-F,Part I.Perform a sieve analysis on processed RAS material before extraction(or ignition)of the asphalt binder Add sand meeting the requirements of Table 1 and Table 2 or fine RAP to RAS stockpiles if needed to keep the processed material workable.Any stockpile that contains RAS will be considered a RAS stockpile and be limited to no more than 3.0%of the HMA mixture in accordance with Table 4 Certify compliance of the RAS with DMS-11000,"Evaluating and Using Nonhazardous Recyclable Materials Guidelines."Treat RAS as an established nonhazardous recyclable material if it has not come into contact with any hazardous materials.Use RAS from shingle sources on the Department's MPL.Remove substantially all materials before use that are not part of the shingle,such as wood,paper,metal,plastic,and felt paper Determine the deleterious content of RAS material for mixture design purposes in accordance with Tex-217-F,Part III.Do not use RAS if deleterious materials are more than 0.5%of the stockpiled RAS unless otherwise approved.Submit a sample for approval before submitting the mixture design.The Department will perform the testing for deleterious material of RAS to determine specification compliance. 5-31 10-19 Statewide Pane 359 of 539 3076 2.8. Substitute Binders.Unless otherwise shown on the plans,the Contractor may use a substitute PG binder listed in Table 5 instead of the PG binder originally specified,if using recycled materials,and if the substitute PG binder and mixture made with the substitute PG binder meet the following: • the substitute binder meets the specification requirements for the substitute binder grade in accordance with Section 300.2.10.,"Performance-Graded Binders;"and • the mixture has less than 10.0 mm of rutting on the Hamburg Wheel test(Tex-242-F)after the number of passes required for the originally specified binder Use of substitute PG binders may only be allowed at the discretion of the Engineer if the Hamburg Wheel test results are between 10.0 mm and 12.5 mm. Table 5 Allowable Substitute PG Binders and Maximum Recycled Binder Ratios Originally Allowable Substitute Allowable Substitute Maximum Ratio of Recycled Binder1 Specified PG Binder for PG Binder for to Total Binder(/o) PG Binder Surface Mixes Intermediate and Surface Intermediate; Base Base Mixes 76-224.5 70-22 70-22 10.0 20.0 25.0 70-222.5 N/A 64-22 10.0 20.0 25.0 64-222,3 N/A NIA 10.0 20.0 25.0 76-284,5 70-28 70-28 10.0 20.0 25.0 70-282,5 N/A 64-28 10.0 20.0 25.0 64-282,3 N/A N/A 10.0 20.0 25.0 1 Combined recycled binder from RAP and RAS.RAS is not permitted in surface mixtures unless otherwise shown on the plans. 2. Binder substitution is not allowed for surface mixtures. 3. Binder substitution is not allowed for intermediate and base mixtures. 4. Use no more than 10.0%recycled binder in surface mixtures when using this originally specified PG binder 5. Use no more than 20.0%recycled binder when using this originally specified PG binder for intermediate mixtures.Use no more than 25.0%recycled binder when using this originally specified PG binder for base mixtures. 3. EQUIPMENT Provide required or necessary equipment in accordance with Item 320,"Equipment for Asphalt Concrete Pavement." 4 CONSTRUCTION Produce,haul,place,and compact the specified paving mixture.In addition to tests required by the specification,Contractors may perform other QC tests as deemed necessary At any time during the project, the Engineer may perform production and placement tests as deemed necessary in accordance with Item 5, "Control of the Work."Schedule and participate in a mandatory pre-paving meeting with the Engineer on or before the first day of paving unless otherwise shown on the plans. 41 Certification.Personnel certified by the Department-approved hot-mix asphalt certification program must conduct all mixture designs,sampling,and testing in accordance with Table 6.Supply the Engineer with a list of certified personnel and copies of their current certificates before beginning production and when personnel changes are made.Provide a mixture design developed and signed by a Level 2 certified specialist. Provide Level 1A certified specialists at the plant during production operations.Provide Level 1 B certified specialists to conduct placement tests.Provide AGG101 certified specialists for aggregate.testing. 6-31 10-19 Statewide Page 360 of 539 3076 Table 6 Test Methods,Test Responsibility,and Minimum Certification Levels Test Description I Test Method I Contractor I Engineer J Level1 I.Aggregate and Recycled Material Testing Sampling Tex-221-F V V 1A/AGG101 Dry sieve Tex-200-F,Part I V I 1A/AGG101 Washed sieve Tex-200-F,Part II V V 1A/AGG101 ' Deleterious material Tex-217-F,Parts I&III V V AGG101 Decantation Tex-217-F,Part II ✓ 1 ✓ AGG101 Los Angeles abrasion Tex-410-A V TxDOT Magnesium sulfate soundness Tex-411-A _ ✓ _ TxDOT Micro-Deval abrasion Tex-461-A ✓ _ AGG101 Crushed face count Tex-460-A V ✓ AGG101 Flat and elongated particles Tex-280-F V ✓ AGG101 Linear shrinkage Tex-107-E ✓ ✓ AGG101 Sand equivalent Tex-203-F V ✓ _ AGG101 Organic impurities Tex-408-A i ✓ ✓ AGG101 2 Asphalt Binder&Tack Coat Sampling Asphalt binder sampling Tex-500-C,Part II V ✓ 1A/1B Tack coat sampling Tex-500-C,Part III. V ✓ 1A/1B 3.Mix Design&Verification Design and JMF changes Tex-204-F V ✓ 2 Mixing Tex-205-F V V 2 Molding(TGC) Tex-206-F V V 1A Molding(SGC) Tex-241-F ✓ V 1A Laboratory-molded density Tex-207-F,Parts I&VI V V 1A Rice gravity Tex-227-F,Part II V ✓ 1 A Ignition oven correction factors2 Tex-236-F,Part II - V ✓ 2 Indirect tensile strength Tex-226-F V V 1A Hamburg Wheel test Tex-242-F V V 1A Boil test Tex-530-C V V 1A 4.Production Testing Selecting production random numbers Tex-225-F,Part I V 1A Mixture sampling Tex-222-F V ✓ 1A/1B Molding(TGC) Tex-206-F V V 1A Molding(SGC) Tex-241-F V V 1A Laboratory-molded density Tex-207-F,Parts I&VI V V 1A Rice gravity Tex-227-F,Part II V V 1A Gradation&asphalt binder C0ntent2 Tex-236-F,Part I V V 1A Control charts Tex-233-F V • V• 1A Moisture content Tex-212-F,Part II V V 1A/AGG101 Hamburg Wheel test Tex-242-F V V 1A Micro-Deval abrasion Tex-461-A V AGG101 Boil test Tex-530-C V V 1A Abson recovery Tex-211-F ✓ TxDOT 5.Placement Testing Selecting placement random numbers Tex-225-F,Part II V 1 B Trimming roadway cores Tex-251-F,Parts I&II V ✓ 1A/1B In-place air voids Tex-207-F,Parts I&VI ✓ V 1A In_Qlace density(nudear method) Tex-207-F,Part III V 1 B Establish rolling pattern Tex-207-F,Part IV - ✓ 1 B Control charts Tex-233-F V V 1A Ride quality measurement Tex-1001-S _ V V Note 3 Segregation(density profile) Tex-207-F,Part V V V 1 B Longitudinal joint density Tex-207-F,Part VII V V 1 B Thermal profile Tex-244-F ✓ ✓ 1 B Shear Bond Strength Test Tex-249-F ✓ TxDOT 1 Level 1A,1 B,AGG101 and 2 are certification levels provided by the Hot Mix Asphalt Center certification program. 2. Refer to Section 3076.4.9.2.3. Production Testing,"for exceptions to using an ignition oven. 3. Profiler and operator are required to be certified at the Texas A&M Transportation Institute facility when Surface Test Type B is specified. 7-31 10-19 Statewide Page 361 of 539 3076 4.2. Reporting and Responsibilities.Use Department-provided templates to record and calculate all test data, including mixture design,production and placement QC/QA,control charts,thermal profiles,segregation density profiles,and longitudinal joint density Obtain the current version of the templates at http://www.txdot.gov/inside-txdot/forms-publications/consultants-contractors/forms/site-manager.html or from the Engineer The Engineer and the Contractor will provide any available test results to the other party when requested.The maximum allowable time for the Contractor and Engineer to exchange test data is as given in Table 7 unless otherwise approved.The Engineer and the Contractor will immediately report to the other party any test result that requires suspension of production or placement,a payment adjustment less than 1.000,or that fails to meet the specification requirements.Record and electronically submit all test results and pertinent information on Department-provided templates. Subsequent sublots placed after test results are available to the Contractor,which require suspension of operations,may be considered unauthorized work.Unauthorized work will be accepted or rejected at the discretion of the Engineer in accordance with Article 5.3.,"Conformity with Plans,Specifications,and Special Provisions." Table 7 Reporting Schedule Description Reported By Reported To To Be Reported Within Production Quality Control Gradation1 Asphalt binder content1 Laboratory-molded density2 Contractor Engineer 1 working day of completion of Moisture content3 the sublot Boil test3 Production Quality Assurance Gradation3 Asphalt binder content3 Laboratory-molded densityl Engineer Contractor 1 working day of completion of Hamburg Wheel testa the sublot Boil test3 Binder tests4 Placement Quality Control In-place air voids2 Segregations Contractor En sneer 1 working day of completion of Longitudinal joint density1 g the lot Thermal profile1 Placement Quality Assurance In-place air voids 1 working day after receiving the trimmed cores5 Segregation3 Engineer Contractor Longitudinal joint density3 1 working day of completion of Thermal profile3 the lot Aging ratio4 2 working days of performing all Payment adjustment summary Engineer Contractor required tests and receiving Contractor test data 1 These tests are required on every sublot. 2. Optional test.When performed on split samples,report the results as soon as they become available. 3. To be performed at the frequency specified in Table 16 or as shown on the plans. 4. To be reported as soon as the results become available. 5. 2 days are allowed if cores cannot be dried to constant weight within 1 day The Engineer will use the Department-provided template to calculate all payment adjustment factors for the lot.Sublot samples may be discarded after the Engineer and Contractor sign off on the payment adjustment summary documentation for the lot. 8-31 10-19 Statewide Pane 4R2 of 5'Q 3076 Use the procedures described in Tex-233-F to plot the results of all quality control(QC)and quality assurance(QA)testing.Update the control charts as soon as test results for each sublot become available. Make the control charts readily accessible at the field laboratory The Engineer may suspend production for failure to update control charts. j 4.3. Quality Control Plan(QCP).Develop and follow the QCP in detail.Obtain approval for changes to the QCP made during the project.The Engineer may suspend operations if the Contractor fails to comply with the QCP Submit a written QCP before the'mandatory pre-paving meeting.Receive approval of the QCP before beginning production.Include the following items in the.QCP 4.3.1 Project Personnel.For project personnel,include: • a list of individuals responsible for QC with authority to take corrective action; • current contact information for each individual listed;and • current copies of certification documents for individuals performing specified QC functions. 4.3.2. Material Delivery and Storage.For material delivery and storage,include: • the sequence of material processing,delivery,and minimum quantities to assure continuous plant operations; • aggregate stockpiling procedures to avoid contamination and segregation; • frequency,type,and timing of aggregate stockpile testing to assure conformance of material requirements before mixture production;and • procedure for monitoring the quality and variability of asphalt binder 4.3.3. Production For production,include: • loader operation procedures to avoid contamination in cold bins; • procedures for calibrating and controlling cold feeds; • procedures to eliminate debris or oversized material; • procedures for adding and verifying rates of each applicable mixture component(e.g.,aggregate, asphalt binder,RAP,RAS,lime,liquid antistrip,WMA); • procedures for reporting job control test results;and • procedures to avoid segregation and drain-down in the silo. 4.3.4 Loading and Transporting For loading and transporting,include: • type and application method for release agents;and • truck loading procedures to avoid segregation. 4.3.5. Placement and Compaction For placement and compaction,include: • proposed agenda for mandatory pre-paving meeting,including date and location; • proposed paving plan(e.g.,paving widths,joint offsets,and lift thicknesses); • type and application method for release agents in the paver and on rollers,shovels,lutes,and other utensils; • procedures for the transfer of mixture into the paver,while avoiding segregation and preventing material spillage; • process to balance production,delivery,paving,and compaction to achieve continuous placement operations and good ride quality; • paver operations(e.g.,operation of wings,height of mixture in auger chamber)to avoid physical and thermal segregation and other surface irregularities;and • procedures to construct quality longitudinal and transverse joints. 9-31 10-19 Statewide Page 363 of 539 3076 4 4 Mixture Design. 4 41 Design Requirements.The Contractor will design the mixture using a Superpave Gyratory Compactor (SGC).A Texas Gyratory Compactor(TGC)may be used when shown on the plans.Use the dense-graded design procedure provided in Tex-204-F Design the mixture to meet the requirements listed in Tables 1,2, 3,4,5,8,9,and 10. 4 41 1 Design Number of Gyrations(Ndesign)When The SGC Is Used Design the mixture at 50 gyrations (Ndesign).Use a target laboratory-molded density of 96.0%to design the mixture;however,adjustments can be made to the Ndesign value as noted in Table 9.The Ndesign level may be reduced to at least 35 gyrations at the Contractor's.discretion. Use an approved laboratory from the Department's MPL to perform the Hamburg Wheel test,and provide results with the mixture design,or provide the laboratory mixture and request that the Department perform the Hamburg Wheel test.The Engineer will be allowed 10 working days to provide the Contractor with Hamburg Wheel test results on the laboratory mixture design. The Engineer will provide the mixture design when shown on the plans.The Contractor may submit a new mixture design at any time during the project.The Engineer will verify and approve all mixture designs (JMF1)before the Contractor can begin production. Provide the Engineer with a mixture design report using the Department-provided template.Include the following items in the report: • the combined aggregate gradation,source,specific gravity,and percent of each material used; • asphalt binder content and aggregate gradation of RAP and RAS stockpiles; • the target laboratory-molded density(or Ndesign level when using the SGC); • results of all applicable tests; • the mixing and molding temperatures; • the signature of the Level 2 person or persons that performed the design; • the date the mixture design was performed;and • a unique identification number for the mixture design. Table 8 Master Gradation Limits(%Passing by Weight or Volume)and VMA Requirements Sieve B C D F Size Fine Coarse Fine Fine Base Surface Surface Mixture 2" - - - - 1-1/2" 100.01 - - - 1" 98.0-100.0 100.01 - - 3/4" 84.0-98.0 95.0-100.0 100.01 - 1/2" - - 98.0-100.0 100.01 3/8" 60.0-80.0 70.0-85.0 85.0-100.0 98.0-100.0 #4 40.0-60.0 43.0-63.0 50.0-70.0 70.0-90.0 #8 29.0-43.0 32.0-44.0 35.0-46.0 38:0-48.0 #30 13.0-28.0 14.0-28.0 15.0-29.0 12.0-27.0 #50 6.0-20.0 7.0-21.0 7.0-20.0 6.0-19.0 #200 2.0-7.0 2.0-7.0 2.0-7.0 2.0-7.0 Design VMA,%Minimum _ 13.0 14.0 15.0 16.0 Production(Plant-Produced)VMA,%Minimum 12.5 13.5 14.5 15.5 1 Defined as maximum sieve size.No tolerance allowed. 10-31 10-19 Statewide Paae 364 of 539 3076 Table 9 Laboratory Mixture Design Properties Mixture Property Test Method Requirement Target laboratory-molded density,%(SGC) Tex-207-F 96.0 Design gyrations(Ndesign for SGC) Tex-241-F 501 Indirect tensile strength(dry),psi ! Tex-226-F 85-2002 Boil test3 Tex-530-C — 1 Adjust within.a range of 35-100 gyrations when shown on the plans or specification or when mutually agreed between the Engineer and Contractor 2. The Engineer may allow the IDT strength to exceed 200 psi if the corresponding Hamburg Wheel rut depth is greater than 3.0 mm and less than 12.5 mm. 3. Used to establish baseline for comparison to production results.May be waived when approved. Table 10 Hamburg Wheel Test Requirements High Temperature Test Method Minimum#of Passes Binder Grade @ 12.5 mm1 Rut Depth,Tested @ 50°C PG 64 or lower 10,0002 PG 70 Tex-242-F . . 15,0003 PG 76 or higher 20,000 1 When the rut depth at the required minimum number of passes is less than 3 mm,the Engineer may require the Contractor to increase the target laboratory-molded density (TGC)by 0.5%to no more than 97.5%or lower the Ndesign level(SGC)to at least 35 gyrations. 2. May be decreased to at least 5,000 passes when shown on the plans. 3. May be decreased to at least 10,000 passes when shown on the plans. 4 41.2. Target Laboratory-Molded Density When The TGC Is Used Design the mixture at a 96.5%target laboratory-molded density Increase the target laboratory-molded density to 97.0%or 97.5%at the Contractor's discretion or when shown on the plans or specification. 4 4.2. Job-Mix Formula Approval The job-mix formula(JMF)is the combined aggregate gradation,target laboratory-molded density(or Ndesign level),and target asphalt percentage used to establish target values for hot-mix production.JMF1 is the original laboratory mixture design used to produce the trial batch.When WMA is used,JMF1 may be designed and submitted to the Engineer without including the WMA additive. When WMA is used,document the additive or process used and recommended rate on the JMF1 submittal. The Engineer and the Contractor will verify JMF1 based on plant-produced mixture from the trial batch unless otherwise approved.The Engineer may accept an existing mixture design previously used on a Department project and may waive the trial batch to verify JMF1 The Department may require the Contractor to reimburse the Department for verification tests if more than 2 trial batches per design are required. 4 4.2.1 Contractor's Responsibilities. 4 4.2.1 1 Providing Gyratory Compactor Use a SGC calibrated in accordance with Tex-241-F to design the mixture in accordance with Tex-204-F,Part IV,for molding production samples.Locate the SGC,if used,at the Engineer's field laboratory and make the SGC available to the Engineer for use in molding production samples. Furnish a TGC calibrated in accordance with Tex-914-K when shown on the plans to design the mixture in accordance with Tex-204-F,Part I,for molding production samples. 4 4.2.1.2. Gyratory Compactor Correlation Factors.Use Tex-206-F,Part II,to perform a gyratory compactor correlation when the Engineer uses a different gyratory compactor Apply the correlation factor to all subsequent production test results. 4 4.2.1.3. Submitting JMF1 Furnish a mix design report(JMF1)with representative samples of all component materials and request approval to produce the trial batch.Provide approximately 10,000 g of the design mixture if opting to have the Department perform the Hamburg Wheel test on the laboratory mixture,and request that the Department perform the test. 11-31 10-19 Statewide Pace 365 of 539 3076 4 4.2.14 Supplying Aggregates.Provide approximately 40 lb.of each aggregate stockpile unless otherwise directed. 4 4.2.1.5. Supplying Asphalt.Provide at least 1 gal.of the asphalt material and enough quantities of any additives proposed for use. 4 4.2.1.6. Ignition Oven Correction Factors.Determine the aggregate and asphalt correction factors from the ignition oven in accordance.with Tex-236-F,Part ll.Provide correction factors that are not more than 12 months old. Provide the Engineer with split samples of the mixtures before the trial batch production,including all additives(except water),and blank samples used to determine the correction factors for the ignition oven used for QA testing during production.Correction factors established from a previously approved mixture design may be used for the current mixture design if the mixture design and ignition oven are the same as previously used,unless otherwise directed. 4 4.2.1.7 Boil Test.Perform the test and retain the tested sample from Tex-530-C until completion of the project or as directed.Use this sample for comparison purposes during production.The Engineer may waive the requirement for the boil test. 4 4.2.1.8. Trial Batch Production.Provide a plant-produced trial batch upon receiving conditional approval of JMF1 and authorization to produce a trial batch,including the WMA additive or process_if applicable,for verification testing of JMF1 and development of JMF2.Produce a trial batch mixture that meets the requirements in Table 4,Table 5,and Table 11 The Engineer may accept test results from recent production of the same mixture instead of a new trial batch. 4 4.2.1.9. Trial Batch Production Equipment.Use only equipment and materials proposed for use on the project to produce the trial batch. 4 4.2.1 10 Trial Batch Quantity Produce enough quantity of the trial batch to ensure that the mixture meets the specification requirements. 4 4.2.1 11 Number of Trial Batches.Produce trial batches as necessary to obtain a mixture that meets the specification requirements. 4 4.2.1 12. Trial Batch.Sampling.Obtain a representative sample of the trial batch and split it into 3 equal portions in accordance with Tex-222-F Label these portions as"Contractor,""Engineer,"and"Referee."Deliver samples to the appropriate laboratory as.directed. 4 4.2.1 13. Trial Batch Testing Test the trial batch to ensure the mixture produced using the proposed JMF1 meets the mixture requirements in'Table 11 Ensure the trial batch mixture is also in compliance with the Hamburg Wheel requirement in Table 10.Use a Department-approved laboratory to perform the.Hamburg Wheel test on the trial batch mixture or request that the Department perform the Hamburg Wheel test.The Engineer will be allowed 10 working days to provide the Contractor with Hamburg Wheel test results on the trial batch. Provide the Engineer with a copy of the trial batch test results. 4 4.2.1 14 Development of JMF2.Evaluate the trial batch test results after the Engineer grants full approval of JMF1 based on results from the trial batch,determine the optimum mixture proportions,and submit as JMF2. Adjust the asphalt binder content or gradation to achieve the specified target laboratory-molded density The asphalt binder content established for JMF2 is not required to be within any tolerance of the optimum asphalt binder content established forJMF1,however,mixture produced using JMF2 must meet the voids in mineral aggregates.(VMA)requirements for production shown in Table 8.If the optimum asphalt binder content for JMF2 is more than 0.5%lower than the optimum asphalt binder content for JMF1,the Engineer may perform or require the Contractor to perform Tex-226-F on Lot 1 production to confirm the indirect tensile strength does not exceed 200 psi.Verify that JMF2 meets the mixture requirements in Table 5. 4 4.2.1 15. Mixture Production.Use JMF2 to produce Lot 1 as described in Section 3076.4.9.3.1 1.,"Lot 1 Placement," after receiving approval for JMF2 and a passing result from the Department's or a Department-approved 12-31 10-19 Statewide Paae 366 of 539 3076 laboratory's Hamburg Wheel test on the trial batch.If desired,proceed to Lot 1 production,once JMF2 is approved,at the Contractor's risk without receiving the results from the Department's Hamburg Wheel test on the trial batch. Notify the Engineer if electing to proceed without Hamburg Wheel test results from the trial batch.Note that the Engineer may require up to the entire sublot of any mixture failing the Hamburg Wheel test to be removed and replaced at the Contractor's expense. 4 4.2.1 16. Development of JMF3.Evaluate the test results from Lot 1,determine the optimum mixture proportions,and submit as JMF3 for use in Lot 2. 4 4.2.1 17 JMF Adjustments.If JMF adjustments are necessary to achieve the specified requirements,make the adjustments before beginning a new lot.The adjusted JMF must: • be provided to the Engineer in writing before the start of a new lot; • be numbered in sequence to the previous JMF, • meet the mixture requirements in Table 4 and Table 5, • meet the master gradation limits shown in Table 8;and • be within the operational tolerances of JMF2 listed in Table 11 4 4.2.1 18. Requesting Referee Testing Use referee testing,if needed,in accordance with Section 3076.4.9.1., "Referee Testing,"to resolve testing differences with the Engineer Table 11 Operational Tolerances Allowable Difference Allowable Difference Allowable Difference Description Test Method Between Trial Batch from Current JMF between Contractor and JMF1 Target Target and Engineer1 Individual%retained for#8 sieve and larger ±5.02.3 ±5.0 Tex 200 F Must be Within Individual%retained for sieves smaller than#8 or Master Grading Limits ±3.023 ±3.0 and larger than#200 passing the#200 sieve Tex 236 F in Table 8 +2.02.3 ±1.6 Asphalt binder content,% Tex-236-F ±0.5 ±0.33 ±0.3 Laboratory-molded density,% ±1.0 ±1.0 ±1.0 In-place air voids,% Tex-207-F N/A N/A ±1.0 Laboratory-molded bulk specific gravity N/A N/A ±0.020 VMA,%,min Tex-204-F Note4 Note4 N/A Theoretical maximum specific(Rice)gravity Tex 227 F N/A N/A ±0.020 1 Contractor may request referee testing only when values exceed these tolerances. 2. When within these tolerances,mixture production gradations may fall outside the master grading limits;however,the%passing the #200 will be considered out of tolerance when outside the master grading limits. 3. Only applies to mixture produced for Lot 1 and higher 4. Test and verify that Table 8 requirements are met. 4 4.2.2. Engineer's Responsibilities. 4 4.2.2.1 Gyratory Compactor For SGC mixtures designed in accordance with Tex-204-F,Part IV,the Engineer will use a Department SGC,calibrated in accordance with Tex-241-F,to mold samples for laboratory mixture design verification.For molding trial batch and production specimens,the Engineer will use the Contractor- provided SGC at the field laboratory or provide and use a Department SGC at an alternate location.The Engineer will make the Contractor-provided SGC in the Department field laboratory available to the Contractor for molding verification samples. For TGC mixtures designed in accordance with Tex-204-F,Part I,the Engineer will use a Department TGC, calibrated in accordance with Tex-914-K,to mold samples for trial batch and production testing.The Engineer will make the Department TGC and the Department field laboratory available to the Contractor for molding verification samples,if requested by the Contractor 13-31 10-19 Statewide Page 367 of 539 3076 4 4.2.2.2. Conditional Approval of JMF1 and Authorizing Trial Batch The Engineer will review and verify conformance of the following information within 2 working days of receipt: • the Contractor's mix design report(JMF1); • the Contractor-provided Hamburg Wheel test results; • all required materials including aggregates,asphalt,additives,and recycled materials;and • the mixture specifications. The Engineer will grant the Contractor conditional approval of JMF1 if the information provided on the paper copy of JMF1 indicates that the Contractor's mixture design meets the specifications.When the Contractor does not provide Hamburg Wheel test results with laboratory mixture design, 10 working days are allowed for conditional approval of JMF1 The Engineer will base full approval of JMF1 on the test results on mixture from the trial batch. Unless waived,the Engineer will determine the Micro-Deval abrasion loss in accordance with Section 3076.2.1 1.2.,"Micro-Deval Abrasion."If the Engineer's test results are pending after two working days,conditional approval of JMF1 will still be granted within two working days of receiving JMF1 When the Engineer's test results become available,they will be used for specification compliance. After conditionally approving JMF1,including either Contractor-or Department-supplied Hamburg Wheel test results,the Contractor is authorized to produce a trial batch. 4 4.2.2.3. Hamburg Wheel Testing of JMF1 If the Contractor requests the option to have the Department perform the Hamburg Wheel test on the laboratory mixture,the Engineer will mold samples in accordance with Tex-242-F to verify compliance with the Hamburg Wheel test requirement in Table 10. 4 4.2.2.4 Ignition Oven Correction Factors.The Engineer will use the split samples provided by the Contractor to determine the aggregate and asphalt correction factors for the ignition oven used for QA testing during production in accordance with Tex-236-F,Part II.Provide correction factors that are not more than 12 months old. 4 4.2.2.5. Testing the Trial Batch.Within 1 full working day,the Engineer will sample and test the trial batch to ensure that the mixture meets the requirements in Table 11 If the Contractor requests the option to have the Department perform the Hamburg Wheel test on the trial batch mixture,the Engineer will mold samples in accordance with Tex-242-F to verify compliance with the Hamburg Wheel test requirement in Table 10. The Engineer will have the option to perform the following tests on the trial batch: • Tex-226-F.to verify that the indirect tensile strength meets the requirement shown in Table 9;and • Tex-530-C,to retain and use for comparison purposes during production. 4 4.2.2.6. Full Approval of JMF1 The Engineer will grant full approval of JMF1 and authorize the Contractor to proceed with developing JMF2 if the Engineer's results for the trial batch meet the requirements in Table 11 The Engineer will notify the Contractor that an additional trial batch is required if the trial batch does not meet these requirements. 4 4.2.2.7 Approval of JMF2.The Engineer will approve JMF2 within one working day if the mixture meets the requirements in.Table 5 and the gradation meets the master grading limits shown in Table 8.The asphalt binder content established for JMF2 is not required to be within any tolerance of the optimum asphalt binder content established.for JMF1,however,mixture produced using JMF2 must meet the VMA requirements shown in Table 8.If the optimum asphalt binder content for JMF2 is more than 0.5%lower than the optimum asphalt binder content for JMF1,the Engineer may perform or require the Contractor to perform Tex-226-F on Lot 1 production to confirm the indirect tensile strength does not exceed 200 psi. 14-31 10-19 Statewide Paae 368 of 539 3076 4 4.2.2.8. Approval of Lot 1 Production The Engineer will authorize the Contractor to proceed with Lot 1 production (using JMF2)as soon as a passing result is achieved from the Department's or a Department-approved laboratory's Hamburg Wheel test on the trial,batch.The Contractor may proceed at its own risk with Lot 1 production without the results from the Hamburg Wheel test on the trial batch. If the Department's or Department-approved laboratory's sample from the trial batch fails the Hamburg Wheel test,the Engineer will suspend production until further Hamburg Wheel tests meet the specified values.The Engineer may require up to the entire sublot of any mixture failing the Hamburg Wheel test be removed and replaced at the Contractor's expense. 4 4.2.2.9. Approval of JMF3 and Subsequent JMF Changes.JMF3 and subsequent JMF changes are approved if they meet the mixture requirements shown in Table 4,Table 5,and the master grading limits shown in Table 8,and are within the operational tolerances of JMF2 shown in Table 11 4.5. Production Operations.Perform a new trial batch when the plant or plant location is changed.Take corrective action and receive approval to proceed after any production suspension for noncompliance to the specification.Submit a new mix design and perform a new trial batch when the asphalt binder content of: • any RAP stockpile used in the mix is more than 0.5%higher than the value shown on the mixture design report;or • RAS stockpile used in the mix is more than 2.0%higher than the value shown on the mixture design report. 4.5.1 Storage and Heating of Materials.Do not heat the asphalt binder above the temperatures specified in Item 300,"Asphalts,Oils,and Emulsions,"or outside the manufacturer's recommended values.Provide the Engineer with daily records of asphalt binder and hot-mix asphalt discharge temperatures(in legible and discernible increments)in accordance with Item 320,"Equipment for Asphalt Concrete.Pavement,"unless otherwise directed.Do not store mixture for a period long enough to affect the quality of the mixture,nor in any case longer than 12 hr unless otherwise approved. 4.5.2. Mixing and Discharge of Materials.Notify the Engineer of the target discharge temperature and produce the mixture within 25°F of the target.Monitor the temperature of the material in the truck before shipping to ensure that it does not exceed the maximum production temperatures listed in Table 12(or 275°F for WMA). The Department will not pay for or allow placement of any mixture produced above the maximum production temperatures listed in Table 12. Table 12 Maximum Production Temperature High-Temperature Maximum Production Temperature Binder Grade PG 64 325°F PG 70 335°F PG 76 345°F 1 The high-temperature binder grade refers to the high-temperature grade of the virgin asphalt binder used to produce the mixture. Produce WMA within the target discharge temperature range of 215°F and 275°F when WMA is required. Take corrective action any time the discharge temperature of the WMA exceeds the target discharge range. The Engineer may suspend production operations if the Contractor's corrective action is not successful at controlling the production temperature within the target discharge range.Note that when WMA is produced,it may be necessary to adjust burners to ensure complete combustion such that no burner fuel residue remains in the mixture. Control the mixing time and temperature so that substantially all moisture is removed from the mixture before discharging from the plant.Determine the moisture content,if requested,by oven-drying in accordance with 15-31 10-19 Statewide Page 369 of 539 3076 Tex-212-F,Part II,and verify that the mixture contains no more than 0.2%of moisture by weight.Obtain the sample immediately after discharging the mixture into the truck,and perform the test promptly 4.6. Hauling Operations.Clean all truck beds before use to ensure that mixture is not contaminated.Use a release agent shown on the Department's MPL to coat the inside bed of the truck when necessary. Use equipment for hauling as defined in Section 3076.4 7.3.3.,"Hauling Equipment."Use other hauling equipment only when allowed. 4 7 Placement Operations.Collect haul tickets from each load of mixture delivered to the project and provide the Department's copy to the Engineer approximately every hour,or as directed.Use a hand-held thermal camera or infrared thermometer,when a thermal imaging system is not used,to measure and record the internal temperature of the mixture as discharged from the truck or Material Transfer Device(MTD)before or as the mix enters the paver and an approximate station number or GPS coordinates on each ticket.Calculate the daily yield and cumulative yield for the specified lift and provide to the Engineer at the end of paving operations for each day unless otherwise directed.The Engineer may suspend production if the Contractor fails to produce and provide haul tickets and yield calculations by the end of paving operations for each day Prepare the surface by removing raised pavement markers and objectionable material such as moisture,dirt, sand,leaves,and other loose impediments from the surface before placing mixture.Remove vegetation from pavement edges.Place the mixture to meet the typical section requirements and produce a smooth,finished surface with a uniform appearance and texture.Offset longitudinal joints of successive courses of hot-mix by at least 6 in.Place mixture so that longitudinal joints on the surface course coincide with lane lines and are not placed in the wheel path,or as directed.Ensure that all finished surfaces will drain properly Place the mixture at the rate or thickness shown on the plans.The Engineer will use the guidelines in Table 13 to determine the compacted lift thickness of each layer when multiple lifts are required.The thickness determined is based on the rate of 110 lb./sq.yd.for each inch of pavement unless otherwise shown on the plans. Table 13 Compacted Lift Thickness and Required Core Height Mixture Compacted Lift Thickness Guidelines Minimum Untrimmed Core Type Minimum(in.) Maximum(in.) Height(in.)Eligible for Testing B 2.50 5.00 1.75 C 2.00 4.00 1.50 D 1.50 3.00 1.25 F 1.25 2.50 1.25 4 71 Weather Conditions. 4 71 1 When Using a Thermal Imaging System.Place mixture when the roadway surface is dry and the roadway surface temperature is at or above the temperatures listed in Table 14A.The Engineer may restrict the Contractor from paving surface mixtures if the ambient temperature is likely to drop below 32°F within 12 hr of paving.Place mixtures only when weather conditions and moisture conditions of the roadway surface are suitable as determined by the Engineer Provide output data from the thermal imaging system to demonstrate to the Engineer that no recurring severe thermal segregation exists in accordance with Section 3076.4 7.3.1.2.,"Thermal Imaging System." 16-31 10-19 Statewide Page 370 of 539 3076 Table 14A Minimum Pavement Surface Temperatures High-Temperature Minimum Pavement Surface Temperatures(°F) Binder Grades Subsurface Layers or Surface Layers Placed in Night Paving Operations Daylight Operations PG 64 35 40 PG 70 452 502 PG 76 452 50? 1 The high-temperature binder grade refers to the high-temperature grade of the virgin asphalt binder used to produce the mixture. 2. Contractors may pave at temperatures 10°F lower than these values when a chemical WMA additive is used as a compaction aid in the mixture or when using WMA. 4 71.2. When Not Using a Thermal Imaging System.When using a thermal camera instead of the thermal imaging system,place mixture when the roadway surface temperature is at or above the temperatures listed in Table 14B unless otherwise approved or as shown on the plans.Measure the roadway surface temperature with a hand-held thermal camera or infrared thermometer The Engineer may allow mixture placement to begin before the roadway surface reaches the required temperature if conditions are such that the roadway surface will reach the required temperature within 2 hr of beginning placement operations.Place mixtures only when weather conditions and moisture conditions of the roadway surface are suitable as determined by the Engineer The Engineer may restrict the Contractor from paving if the ambient temperature is likely to drop below 32°F within 12 hr of paving. Table 14B Minimum Pavement Surface Temperatures High-Temperature Minimum Pavement Surface Temperatures(°F) Binder Grades Subsurface Layers or Surface Layers Placed in Night Paving Operations Daylight Operations PG 64 45 50 PG 70 552 602 PG 76 602 602 1 The high-temperature binder grade refers to the high-temperature grade of the virgin asphalt binder used to produce the mixture. 2. Contractors may pave at temperatures 10°F lower than these values when a chemical WMA additive is used as a compaction aid in the mixture,when using WMA,or utilizing a paving process with equipment that eliminates thermal segregation.In such cases,for each sublot and in the presence of the Engineer,use a hand-held thermal camera operated in accordance with Tex-244-F to demonstrate to the satisfaction of the Engineer that the uncompacted mat has no more than 10°F of thermal segregation. 4 7.2. Tack Coat. 4 7.2.1 Application.Clean the surface before placing the tack coat.The Engineer will set the rate between 0.04 and 0.10 gal.of residual asphalt per square yard of surface area.Apply a uniform tack coat at the specified rate unless otherwise directed.Apply the tack coat in a uniform manner to avoid streaks and other irregular patterns.Apply the tack coat to all surfaces that will come in contact with the subsequent HMA placement, unless otherwise directed. Allow adequate time for emulsion to break completely before placing any material.Prevent splattering of tack coat when placed adjacent to curb,gutter,and structures.Do not dilute emulsified asphalts at the terminal,in the field,or at any other location before use. 4 7.2.2. Sampling.The Engineer will obtain at least one sample of the tack coat binder per project in accordance with Tex-500-C,Part III,and test it to verify compliance with Item 300,"Asphalts,Oils,and Emulsions."The Engineer will notify the Contractor when the sampling will occur and will witness the collection of the sample from the asphalt distributor immediately before use. For emulsions,the Engineer may test as often as necessary to ensure the residual of the emulsion is greater than or equal to the specification requirement in Item 300,"Asphalts,Oils,and Emulsions." 17-31 10-19 Statewide Page 371 of 539 3076 4 7.3. Lay-Down Operations.Use the placement temperatures in Table 15 to establish the minimum placement temperature of the mixture delivered to the paver Table 15 Minimum Mixture Placement Temperature High Temperature j Minimum Placement Temperature Binder Grades I (Before Entering Paver)Z•3 PG 64 260°F PG 70 270°F PG 76 280°F 1 The high-temperature binder grade refers to the high-temperature grade of the virgin asphalt binder used to produce the mixture. 2. Minimum placement temperatures may be reduced 10°F if using a chemical WMA additive as a compaction aid. 3. When using WMA,the minimum placement temperature is 215°F 4 7.3.1 Thermal Profile.Use a hand-held thermal camera or a thermal imaging system to obtain a continuous thermal profile in accordance with Tex-244-F Thermal profiles are not applicable in areas described in Section 3076.4.9.3.14.,"Miscellaneous Areas." 4 7.3.1 1 Thermal Segregation i 4 7.3.1 1 1 Moderate.Any areas that have a temperature differential greater than 25°F,but not exceeding 50°F,are deemed as moderate thermal segregation. 4 7.3.1 1.2. Severe.Any areas that have a temperature differential greater than 50°F are deemed as severe thermal segregation. 4 7.3.1.2. Thermal Imaging System.Review the output results when a thermal imaging system is used,and provide the automated report described in Tex-244-F to the Engineer daily unless otherwise directed.Modify the paving process as necessary to eliminate any recurring(moderate or severe)thermal segregation identified by the thermal imaging system.The Engineer may suspend paving operations if the Contractor cannot successfully modify the paving process to eliminate recurring severe thermal segregation.Density profiles are not required and not applicable when using a thermal imaging system.Provide the Engineer with electronic copies of all daily data files that can be used with the thermal imaging system software to generate temperature profile plots daily or;upon completion of the project or as requested by the Engineer 4 7.3.1.3. Thermal Camera.When using a thermal camera instead of the thermal imaging system,take immediate corrective action to eliminate recurring moderate thermal segregation when a hand-held thermal camera is used.Evaluate areas with moderate thermal segregation by performing density profiles in accordance with Section 3076.4.9.3.3.2.,"Segregation(Density Profile)."Provide the Engineer with the thermal profile of every sublot within one working day of the completion of each lot.When requested by the Engineer,provide the thermal images generated using the thermal camera.Report the results of each thermal profile in accordance with Section 3076.4.2.,"Reporting and Responsibilities."The Engineer will use a hand-held thermal camera to obtain a thermal profile at least once per project.No production or placement payment adjustments greater than 1.000 will be paid for any sublot that contains severe thermal segregation.Suspend operations and take immediate corrective action to eliminate severe thermal segregation unless otherwise directed.Resume operations when the Engineer determines that subsequent production will meet the requirements of this Section.Evaluate areas with severe thermal segregation by performing density profiles in accordance with Section 3076.4.9.3.3.2.,"Segregation(Density Profile)."Remove and replace the material in any areas that have both severe thermal segregation and a failing result for Segregation(Density Profile) unless otherwise directed.The sublot in question may receive a production and placement payment adjustment greater than 1.000,if applicable,when the defective material is successfully removed and replaced. 4 7.3.2. Windrow Operations.Operate windrow pickup equipment so that when hot-mix is placed in windrows, substantially all the mixture deposited on the roadbed is picked up and loaded into the paver 18-31 10-19 Statewide Page 372 of 539 3076 4 7.3.3. Hauling Equipment.Use belly dumps,live bottom,or end dump trucks to haul and transfer mixture; however,with exception of paving miscellaneous areas,end dump trucks are only allowed when used in conjunction with an MTD with remixing capability or when a thermal imaging system is used unless otherwise allowed. 4 7.3.4 Screed Heaters.Tum off screed heaters to prevent overheating of the mat if the paver stops for more than 5 min.The Engineer may evaluate the suspect area in accordance with Section 3076.4.9.3.3.4.,"Recovered Asphalt Dynamic Shear Rheometer(DSR),"if the screed heater remains on for more than 5 min.while the paver is stopped. 4.8. Compaction.Compact the pavement uniformly to contain between 3.8%and 8.5%in-place air voids.Take immediate corrective action to bring the operation within 3.8%and 8.5%when the in-place air voids exceed the range of these tolerances.The Engineer will allow paving to resume when the proposed corrective action is likely to yield between 3.8%and 8.5%in-place air voids. Obtain cores in areas placed under Exempt Production,as directed,at locations determined by the Engineer The Engineer may test these cores and suspend operations or require removal and replacement if the in- place air voids are less than 2.7%or more than 9.9%.Areas defined in Section 3076.4.9.3.14., "Miscellaneous Areas,"are not subject to in-place air void determination. Furnish the type,size,and number of rollers required for compaction as approved.Use additional rollers as required to remove any roller marks.Use only water or an approved release agent on rollers,tamps,and other compaction equipment unless otherwise directed. Use the control strip method shown in Tex-207-F,Part IV,on the first day of production to establish the rolling pattern that will produce the desired in-place air voids unless otherwise directed. Use tamps to thoroughly compact the edges of the pavement along curbs,headers,and similar structures and in locations that will not allow thorough compaction with rollers.The Engineer may require rolling with a trench roller on widened areas,in trenches,and in other limited areas. Complete all compaction operations before the pavement temperature drops below 160°F unless otherwise allowed.The Engineer may allow compaction with a light finish roller operated in static mode for pavement temperatures below 160°F Allow the compacted pavement to cool to 160°F or lower before opening to traffic unless otherwise directed. Sprinkle the finished mat with water or limewater,when directed,to expedite opening the roadway to traffic. 4.9. Acceptance Plan.Payment adjustments for the material will be in accordance with Article 3076.6., "Payment." Sample and test the hot-mix on a lot and sublot basis.Suspend production until test results or other information indicates to the satisfaction of the Engineer that the next material produced or placed will result in payment factors of at least 1.000,if the production payment factor given in Section 3076.6.1.,"Production Payment Adjustment Factors,"for two consecutive lots or the placement pay factor given in Section 3076.6.2.,`Placement Payment Adjustment Factors,"for two consecutive lots is below 1.000. 4.9.1 Referee Testing.The Materials and Tests Division is the referee laboratory The Contractor may request referee testing if a"remove and replace"condition is determined based on the Engineer's test results,or if the differences between Contractor and Engineer test results exceed the maximum allowable difference shown in Table 11 and the differences cannot be resolved.The Contractor may also request referee testing if the Engineer's test results require suspension of production and the Contractor's test results are within specification limits.Make the request within five working days after receiving test results and cores from the Engineer Referee tests will be performed only on the sublot in question and only for the particular tests in question.Allow 10 working days from the time the referee laboratory receives the samples for test results to 19-31 10-19 Statewide Page 373 of 539 3076 be reported.The Department may require the Contractor to reimburse the Department for referee tests if more than three referee tests per project are required and the Engineer's test results are closer to the referee test results than the Contractor's test results. The Materials and Tests Division will determine the laboratory-molded density based on the molded specific gravity and the maximum theoretical specific gravity of the referee sample.The in-place air voids will be determined based on the bulk specific gravity of the cores,as determined by the referee laboratory and the Engineer's average maximum theoretical specific gravity for the lot.With the exception of"remove and replace"conditions,referee test results are final and will establish payment adjustment factors for the sublot in question.The Contractor may decline referee testing and accept the Engineer's test results when the placement payment adjustment factor for any sublot results in a"remove and replace"condition.Placement sublots subject to be removed and replaced will be further evaluated in accordance with Section 3076.6.2.2., "Placement Sublots Subject to Removal and Replacement." 4.9.2. Production Acceptance. 4.9.2.1 Production Lot.A production lot consists of four equal sublots.The default quantity for Lot 1 is 1,000 tons; however,when requested by the Contractor,the Engineer may increase the quantity for Lot 1 to no more than 4,000 tons.The Engineer will select subsequent lot sizes based on the anticipated daily production such that approximately three to four sublots are produced each day The lot size will be between 1,000 tons and 4,000 tons.The Engineer may change the lot size before the Contractor begins any lot. If the optimum asphalt binder content for JMF2 is more than 0.5%lower than the optimum asphalt binder content for JMF1,the Engineer may perform or require the Contractor to perform Tex-226-F on Lot 1 to confirm the indirect tensile strength does not exceed 200 psi.Take corrective action to bring the mixture within specification compliance if the indirect tensile strength exceeds 200 psi unless otherwise directed. 4.9.2.1 1 Incomplete Production Lots.If,a lot is begun but cannot be completed,such as on the last day of production or in other circumstances deemed appropriate,the Engineer may close the lot.Adjust the payment for the incomplete lot in accordance with Section 3076.6.1.,"Production Payment Adjustment Factors."Close all lots within five working days unless otherwise allowed. 4.9.2.2. Production Sampling. 4.9.2.2.1 Mixture Sampling.Obtain hot-mix samples from trucks at the plant in accordance with Tex-222-F The sampler will split each sample into three equal portions in accordance with Tex-200-F and label these portions as"Contractor,""Engineer,"and"Referee."The Engineer will perform or witness the sample splitting and take immediate possession of the samples labeled"Engineer"and"Referee."The Engineer will maintain the custody of the samples labeled"Engineer"and"Referee"until the Department's testing is completed. 4.9.2.2.1 1 Random Sample.At the beginning of the project,the Engineer will select random numbers for all production sublots.Determine sample locations in accordance with Tex-225-F Take one sample for each sublot at the randomly selected location.The Engineer will perform or witness the sampling of production sublots. 4.9.2.2.1.2. Blind Sample.For one sublot per lot,the Engineer will obtain and test a"blind"sample instead of the random sample collected by the Contractor Test either the"blind"or the random sample;however,referee testing(if applicable)will be based on a comparison of results from the"blind"sample.The location of the Engineer's"blind"sample will not be disclosed to the Contractor The Engineer's"blind"sample may be randomly selected in accordance with Tex-225-F for any sublot or selected at the discretion of the Engineer The Engineer will use the Contractor's split sample for sublots not sampled by the Engineer 4.9.2.2.2. Informational Shear Bond Strength Testing.Select one random sublot from Lot 2 or higher for shear bond strength testing.Obtain full depth cores in accordance with Tex-249-F Label the cores with the Control Section Job(CSJ),producer of the tack coat,mix type,shot rate,lot,and sublot number and provide to the 20-31 10-19 Statewide Pane 374 of 539 3076 Engineer The Engineer will ship the cores to the Materials and Tests Division or district laboratory for shear bond strength testing. Results from these tests will not be used for specification compliance. 4.9.2.2.3. Asphalt Binder Sampling.Obtain a 1-qt.sample of the asphalt binder witnessed by the Engineer for each lot of mixture produced.The Contractor will notify the Engineer when the sampling will occur Obtain the sample at approximately the same time the mixture random sample is obtained.Sample from a port located immediately upstream from the mixing drum or pug mill and upstream from the introduction of any additives in accordance with Tex-500-C,Part II.Label the can with the corresponding lot and sublot numbers, producer,producer facility location,grade,district,date sampled,and project information including highway and CSJ.The Engineer will retain these samples for one year The Engineer may also obtain independent samples. If obtaining an independent asphalt binder sample and upon request of the Contractor,the Engineer will split a sample of the asphalt binder with the Contractor At least once per project,the Engineer will collect split samples of each binder grade and source used.The Engineer will submit one split sample to MTD to verify compliance with Item 300,"Asphalts,Oils,and Emulsions"and will retain the other split sample for one year 4.9.2.3. Production Testing The Contractor and Engineer must perform production tests in accordance with Table 16.The Contractor has the option to verify the Engineer's test results on split samples provided by the Engineer Determine compliance with operational tolerances listed in Table 11 for all sublots. Take immediate corrective action if the Engineer's laboratory-molded density on any sublot is less than 95.0%or greater than 97.0%to bring the mixture within these tolerances.The Engineer may suspend operations if the Contractor's corrective actions do not produce acceptable results.The Engineer will allow production to resume when the proposed corrective action is likely to yield acceptable results. The Engineer may allow alternate methods for determining the asphalt binder content and aggregate gradation if the aggregate mineralogy is such that Tex-236-F,Part I does not yield reliable results.Provide evidence that results from Tex-236-F,Part I are not reliable before requesting permission to use an alternate method unless otherwise directed.Use the applicable test procedure as directed if an alternate test method is allowed. 21-31 10-19 Statewide Page 375 of 539 3076 Table 16 Production and Placement Testing Frequency Description Test Method Minimum Contractor Minimum Engineer Testing Frequency Testing Frequency Individual%retained for#8 sieve and larger Tex 200 F Individual%retained for sieves smaller than or 1 per sublot 1 per 12 sublotsl #8 and larger than#200 Tex 236 F %passing the#200 sieve Laboratory-molded density Laboratory-molded bulk specific gravity Tex-207-F In-place air voids N/A 1 per sublot VMA Tex-204-F Segregation(density profile)2 Tex-207-F,Part V 1 per sublot Longitudinal joint density Tex-207-F,Part VII 1 per project Moisture content Tex-212-F,Part II When directed Theoretical maximum specific(Rice)gravity Tex-227-F N/A 1 per sublot1 Asphalt binder content Tex-236-F 1 per sublot 1 per lot' Hamburg Wheel test Tex-242-F N/A Recycled Asphalt Shingles(RAS)3 Tex-217-F,Part III N/A Thermal profile2 Tex-244-F 1 per sublot Asphalt binder sampling and testing Tex-500-C,Part II 1 per lot a (sample only) 1 per project Tack coat sampling and testing Tex-500-C,Part III N/A Boil tests Tex-530-C 1 per lot Shear Bond Strength Test6 Tex-249-F 1 per project(sample only) 1 For production defined in Section 3076.4.9.4. "Exempt Production,"the Engineer will test one per day if 100 tons or more are produced.For Exempt Production,no testing is required when less than 100 tons are produced. 2. Not required when a thermal imaging system is used. 3. Testing performed by the Materials and Tests Division or designated laboratory 4. Obtain witnessed by the Engineer The Engineer will retain these samples for one year 5. The Engineer may reduce or waive the sampling and testing requirements based on a satisfactory test history 6. Testing performed by the Materials and Tests Division or District for informational purposes only 4.9.2.4 Operational Tolerances.Control the production process within the operational tolerances listed in Table 11 When production is suspended,the Engineer will allow production to resume when test results or other information indicates the next mixture produced will be within the operational tolerances. 4.9.2.41 Gradation.Suspend operation and take corrective action if any aggregate is retained on the maximum sieve size shown in Table 8.A sublot is defined as out of tolerance if either the Engineer's or the Contractor's test results are out of operational tolerance.Suspend production when test results for gradation exceed the operational tolerances in Table 11 for three consecutive sublots on the same sieve or four consecutive sublots on any sieve unless otherwise directed.The consecutive sublots may be from more than one lot. 4.9.2.4.2. Asphalt Binder Content.A sublot is defined as out of operational tolerance if either the Engineer's or the Contractor's test results exceed the values listed in Table 11 No production or placement payment adjustments greater than 1.000 will be paid for any sublot that is out of operational tolerance for asphalt binder content.Suspend production and shipment of the mixture if the Engineer's or the Contractor's asphalt binder content deviates from the current JMF by more than 0.5%for any sublot. 4.9.2.4.3. Voids in Mineral Aggregates(VMA).The Engineer will determine the VMA for every sublot.For sublots when the Engineer does not determine asphalt binder content,the Engineer will use the asphalt binder content results from QC testing performed by the Contractor to determine VMA. Take immediate corrective action if the VMA value for any sublot is less than the minimum VMA requirement for production listed in Table 8.Suspend production and shipment of the mixture if the Engineer's VMA results on two consecutive sublots are below the minimum VMA requirement for production listed in Table 8. No production or placement payment adjustments greater than 1.000 will be paid for any sublot that does not 22-31 10-19 Statewide Pale 376 of 539 3076 meet the minimum VMA requirement for production listed in Table 8 based on the Engineer's VMA determination. Suspend production and shipment of the mixture if the Engineer's VMA result is more than 0.5%below the minimum VMA requirement for production listed in Table 8.In addition to suspending production,the Engineer may require removal and replacement or may allow the sublot to be left in place without payment. 4.9.2.4 4 Hamburg Wheel Test.The Engineer may perform a Hamburg Wheel test at any time during production, including when the boil test indicates a change in quality from the materials submitted for JMF1 In addition to testing production samples,the Engineer may obtain cores and perform Hamburg Wheel tests on any areas of the roadway where rutting is observed.Suspend production until further Hamburg Wheel tests meet the specified values when the production or core samples fail the Hamburg Wheel test criteria in Table 10.Core samples,if taken,will be obtained from the center of the finished mat or other areas excluding the vehicle wheel paths.The Engineer may require up to the entire sublot of any mixture failing the Hamburg Wheel test to be removed and replaced at the Contractor's expense. If the Departments or Department approved laboratory's Hamburg Wheel test results in a"remove and replace"condition,the Contractor may request that the Department confirm the results by re-testing the failing material.The Materials and Tests Division will perform the Hamburg Wheel tests and determine the final disposition of the material in question based on the Department's test results. 4.9.2.5. Individual Loads of Hot-Mix.The Engineer can reject individual truckloads of hot-mix.When a load of hot- mix is rejected for reasons other than temperature,contamination,or excessive uncoated partides,the Contractor may request that the rejected load be tested.Make this request within 4 hr of rejection.The Engineer will sample and test the mixture.If test results are within the operational tolerances shown in Table 11,payment will be made for the load.If test results are not within operational tolerances,no payment will be made for the load. 4.9.3. Placement Acceptance. 4.9.3.1 Placement Lot.A placement lot consists of four placement sublots.A placement sublot consists of the area placed during a production sublot. 4.9.3.1 1 Lot 1 Placement.Placement payment adjustments greater than 1.000 for Lot 1 will be in accordance with Section 3076.6.2.,'Placement.Payment Adjustment Factors";however,no placement adjustment less than 1.000 will be assessed for any sublot placed in Lot 1 when the in-place air voids are greater than or equal to 2.7%and less than or equal to 9.9%.Remove and replace any sublot with in-place air voids less than 2.7% or greater than 9.9%. 4.9.3.1.2. Incomplete Placement Lots.An incomplete placement lot consists of the area placed as described in Section 3076.4.9.2.1 1.,"Incomplete Production Lots,"excluding areas defined in Section 3076.4.9.3.14., "Miscellaneous Areas."Placement sampling is required if the random sample plan for production resulted in a sample being obtained from an incomplete production sublot. 4.9.3.1.3. Shoulders,Ramps,Etc.Shoulders,ramps,intersections,acceleration lanes,deceleration lanes,and turn lanes are subject to in-place air void determination and payment adjustments unless designated on the plans as not eligible for in-place air void determination.Intersections may be considered miscellaneous areas when determined by the Engineer 4.9.3.14 Miscellaneous Areas.Miscellaneous areas include areas that typically involve significant handwork or discontinuous paving operations,such as temporary detours,driveways,mailbox turnouts,crossovers, gores,spot level-up areas,and other similar areas.Temporary detours are subject to in-place air void determination when shown on the plans.Miscellaneous areas also include level-ups and thin overlays when the layer thickness specified on the plans is less than the minimum untrimmed core height eligible for testing shown in Table 13.The specified layer thickness is based on the rate of 110 lb./sq.yd.for each inch of 23-31 10-19 Statewide Page 377 of 539 3076 pavement unless another rate is shown on the plans.When"level up"is listed as part of the item bid description code,a payment adjustment factor of 1.000 will be assigned for all placement sublots as. described in Article 3076.6,"Payment."Miscellaneous areas are not eligible for random placement sampling locations.Compact miscellaneous areas in accordance with Section 3076.4.8.,"Compaction."Miscellaneous areas are not subject to in-place air void determination,thermal profiles testing,segregation(density profiles),or longitudinal joint density evaluations. 4.9.3.2. Placement Sampling.The Engineer will select random numbers for all placement sublots at the beginning of the project.The Engineer will provide the Contractor with the placement random numbers immediately after the sublot is completed.Mark the roadway location at the completion of each sublot and record the station number Determine one random sample location for each placement sublot in accordance with Tex-225-F Adjust the random sample location by no more than necessary to achieve a 2-ft.clearance if the location is within 2 ft.of a joint or,pavement edge. Shoulders,ramps,intersections,acceleration lanes,deceleration lanes,and turn lanes are always eligible for selection as a random sample location;however,if a random sample location falls on one of these areas and the area is designated on the plans as not subject to,in-place air void determination,cores will not betaken for the sublot and a 1.000 pay factor will be assigned to that sublot. Provide the equipment and means to obtain and trim roadway cores on site.On-site is defined as in dose proximity to where the cores are taken.Obtain the cores within one working day of the time the placement sublot is completed unless otherwise approved.Obtain two 6-in.diameter cores side-by-side from within 1 ft. of the random location provided for the placement sublot.ForType D and Type F mixtures,4-in.diameter cores are allowed.Mark the cores for identification,measure and record the untrimmed core height,and provide the information to the Engineer The Engineer will witness the coring operation and measurement of the core thickness.Visually inspect each core and verify that the current paving layer is bonded to the underlying layer Take corrective action if an adequate bond does not exist between the current and underlying layer to ensure that an adequate bond will be achieved during subsequent placement operations. Trim the cores immediately after obtaining the cores from the roadway in accordance with Tex-251-F if the core heights meet the minimum untrimmed value listed in Table 13.Trim the cores on site in the presence of the Engineer Use a permanent marker or paint pen to record the lot and sublot numbers on each core as well as the designation as Core A or B.The Engineer may require additional information to be marked on the core and may choose to sign or initial the core.The Engineer will take custody of the cores immediately after witnessing the trimming of the cores and will retain custody of the cores until the Department's testing is completed.Before turning the trimmed cores over to the Engineer,the Contractor may wrap the trimmed cores or secure them in a manner that will reduce the risk of possible damage occurring during transport by the Engineer After testing,the Engineer will retum the cores to the Contractor The Engineer may have the cores transported back to the Department's laboratory at the HMA plant via the Contractor's haul truck or other designated vehicle.In such cases where the cores will be out of the Engineer's possession during transport,the Engineer will use Department-provided security bags and the Roadway Core Custody protocol located at http://www.txdot.gov/business/specifications.htm to provide a secure means and process that protects the integrity of the cores during transport. Decide whether to include the pair of cores in the air void determination for that sublot if the core height before trimming is less than the minimum untrimmed value shown in Table 13.Trim the cores as described above before delivering to the Engineer if electing to have the cores included in the air void determination. Deliver untrimmed cores to the Engineer and inform the Engineer of the decision to not have the cores included in air void determination if electing to not have the cores included in air void determination.The placement pay factor for the sublot will be 1.000 if cores will not be included in air void determination. Instead of the Contractor trimming the cores on site immediately after coring,the Engineer and the r Contractor may mutually agree to have the trimming operations performed at an alternate location such as a field laboratory or other similar location.In such cases,the Engineer will take possession of the cores 24-31 10-19 Statewide Page 378 of 539 3076 immediately after they are obtained from the roadway and will retain custody of the cores until testing is completed.Either the Department or Contractor representative may perform trimming of the cores.The Engineer will witness all trimming operations in cases where the Contractor representative performs the trimming operation. Dry the core holes and tack the sides and bottom immediately after obtaining the cores.Fill the hole with the same type of mixture and properly compact the mixture.Repair core holes with other methods when approved. 4.9.3.3. Placement Testing Perform placement tests in accordance with Table 16.After the Engineer returns the cores,the Contractor may test the cores to verify the Engineer's test results for in-place air voids.The allowable differences between the Contractor's and Engineer's test results are listed in Table 11 4.9.3.3.1 In-Place Air Voids The Engineer will measure in-place air voids in accordance with Tex-207-F and Tex-227-F Before drying to a constant weight,cores may be pre-dried using a CoreDry or similar vacuum device to remove excess moisture.The Engineer will average the values obtained for all sublots in the production lot to determine the theoretical maximum specific gravity The Engineer will use the average air void content for in-place air voids. The Engineer will use the vacuum method to seal the core if required by Tex-207-F The Engineer will use the test results from the unsealed core to determine the placement payment adjustment factor if the sealed core yields a higher specific gravity than the unsealed core.After determining the in-place air void content, the Engineer will return the cores and provide test results to the Contractor 4.9.3.3.2. Segregation(Density Profile).Test for segregation using density profiles in accordance with Tex-207-F, Part V when using a thermal camera insead of the thermal imaging system.Density profiles are not required and are not applicable when using a thermal imaging system.Density profiles are not applicable in areas described in Section 3076.4.9.3.14.,"Miscellaneous Areas." Perform a minimum of one density profile per sublot.Perform additional density profiles when any of the following conditions occur,unless otherwise approved: • the paver stops due to lack of material being delivered to the paving operations and the temperature of the uncompacted mat before the initial break down rolling is less than the temperatures shown in Table 17; • areas that are identified by either the Contractor or the Engineer with thermal segregation;, • any visibly segregated areas that exist. 25-31 10-19 Statewide Paae 379 of 539 3076 Table 17 Mimimum Uncompacted Mat Temperature Requiring a Segregation Profile High-Temperature Minimum Temperature of the Uncompacted Mat Binder.Grade1 Allowed Before Initial Break Down Rollingz,3A PG 64 <250°F PG 70 <260°F PG 76 <270°F 1 The high-temperature binder grade refers to the high-temperature grade of the virgin asphalt binder used to produce the mixture. 2.Segregation profiles are required in areas with moderate and severe thermal segregation as described in Section 3076.4.7.3.1.3. 3. Minimum uncompacted mat temperature requiring a segregation profile may be reduced 10°F if using a chemical WMA additive as a compaction aid. 4.When using WMA,the minimum uncompacted mat temperature requiring a segregation profile is 215°F Provide the Engineer with the density profile of every sublot in the lot within one working day of the completion of each lot.Report the results of each density profile in accordance with Section 3076.4.2., "Reporting and Responsibilities." The density profile is considered failing if it exceeds the tolerances in Table 18.No production or placement payment adjustments greater than 1.000 will be paid for any sublot that contains a failing density profile. When a hand-held thermal camera is used instead of a thermal imaging system,the Engineer will measure the density profile at least once per project.The Engineer's density profile results will be used when available.The Engineer may require the Contractor to remove and replace the area in question if the area fails the density profile and has surface irregularities as defined in Section 3076.4.9.3.3.5.,"Irregularities." The sublot in question may receive a production and placement payment adjustment greater than 1.000,if applicable,when the defective material is successfully removed and replaced. Investigate density profile failures and take corrective actions during production and placement to eliminate the segregation.Suspend production if 2 consecutive density profiles fail unless otherwise approved. Resume production after the Engineer approves changes to production or placement methods. Table 18 Segregation(Density Profile)Acceptance Criteria Maximum Allowable Maximum Allowable Mixture Type Density Range Density Range (Highest to Lowest) (Average to Lowest) Type B 8.0 pcf 5.0 pcf Type C,Type D&Type F 6.0 pcf 3.0 pcf 4.9.3.3.3. Longitudinal Joint Density 4.9.3.3.3.1 Informational Tests.Perform joint density evaluations while establishing the rolling pattern and verify that the joint density is no more than 3.0 pcf below the density taken at or near the center of the mat.Adjust the rolling pattern,if needed,to achieve the desired joint density Perform additional joint density evaluations,at least once per sublot,unless otherwise directed. 4.9.3.3.3.2. Record Tests.Perform a joint density evaluation for each sublot at each pavement edge that is or will become a longitudinal joint.Joint density evaluations are not applicable in areas described in Section 3076.4.9.3.14.,"Miscellaneous Areas."Determine the joint density in accordance with Tex-207-F, Part VII.Record the joint density information and submit results on Department forms to the Engineer The evaluation is considered failing if the joint density is more than 3.0 pcf below the density taken at the core random sample location and the correlated joint density is less than 90.0%.The Engineer will make independent joint density verification at least once per project and may make independent joint density verifications at the random sample locations.The Engineer's joint density test results will be used when available. 26-31 10-19 Statewide Paae 380 of 539 3076 Provide the Engineer with the joint density of every sublot in the lot within one working day of the completion of each lot.Report the results of each joint density in accordance with Section 3076.4.2.,"Reporting and Responsibilities." Investigate joint density failures and take corrective actions during production and placement to improve the joint density Suspend production if the evaluations on two consecutive sublots fail unless otherwise approved.Resume production after the Engineer approves changes to production or placement methods. 4.9.3.3.4 Recovered Asphalt Dynamic Shear Rheometer(DSR).The Engineer may take production samples or cores from suspect areas of the project to determine recovered asphalt properties.Asphalt binders with an aging ratio greater than 3.5 do not meet the requirements for recovered asphalt properties and may be deemed defective when tested and evaluated by the Materials and Tests Division.The aging ratio is the DSR value of the extracted binder divided by the DSR value of the original unaged binder Obtain DSR values in accordance with AASHTO T 315 at the specified high temperature performance grade of the asphalt.The Engineer may require removal and replacement of the defective material at the Contractor's expense.The asphalt binder will be recovered for testing from production samples or cores in accordance with Tex-211-F 4.9.3.3.5. Irregularities.Identify and correct irregularities including segregation,rutting,raveling,flushing,fat spots, mat slippage,irregular color,irregular texture,roller marks,tears,gouges,streaks,uncoated aggregate particles,or broken aggregate particles.The Engineer may also identify irregularities,and in such cases,the Engineer will promptly notify the Contractor If the Engineer determines that the irregularity will adversely affect pavement performance,the Engineer may require the Contractor to remove and replace(at the Contractor's expense)areas of the pavement that contain irregularities.The Engineer may also require the Contractor to remove and replace(at the Contractor's expense)areas where the mixture does not bond to the existing pavement. If irregularities are detected,the Engineer may require the Contractor to immediately suspend operations or may allow the Contractor to continue operations for no more than one day while the Contractor is taking appropriate corrective action. 4.9.4 Exempt Production.The Engineer may deem the mixture as exempt production for the following conditions: • anticipated daily production is less than 500 tons; • total production for the project is less than 5,000 tons; • when mutually agreed between the Engineer and the Contractor;or • when shown on the plans. For exempt production,the Contractor is relieved of all production and placement sampling and testing requirements,except for coring operations when required by the Engineer The production and placement pay factors are 1.000 if the specification requirements listed below are met,all other specification requirements are met,and the Engineer performs acceptance tests for production and placement listed in Table 16 when 100 tons or more per day are produced. • produce,haul,place,and compact the mixture in compliance with the specification and as directed; • control mixture production to yield a laboratory-molded density that is within±1.0%of the target laboratory-molded density as tested by the Engineer; • compact the mixture in accordance with Section 3076.4.8.,"Compaction;"and • when a thermal imaging system is not used,the Engineer may perform segregation(density profiles) and thermal profiles in accordance with the specification. 4.9.5. Ride Quality Measure ride quality in accordance with Item 585,"Ride Quality for Pavement Surfaces," unless otherwise shown on the plans. 27-31 10-19 Statewide Paae 381 of 539 3076 5. MEASUREMENT 5.1 Dense Graded Hot-Mix Asphalt.Hot mix will be measured by the ton of composite hot-mix,which includes asphalt,aggregate,and additives.Measure the weight on scales in accordance with Item 520,'Weighing and Measuring Equipment." 5.2. Tack Coat.Tack coat will be measured at the applied temperature by strapping the tank before and after road application and determining the net volume in gallons from the calibrated distributor The Engineer will witness all strapping operations for volume determination.All tack,including emulsions,will be measured by the gallon applied. The Engineer may allow the use of a metering device to determine asphalt volume used and application rate if the device is accurate within 1.5%of the strapped volume. 6. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided under Section 3076.5.1,"Measurement,"will be paid for at the unit bid price for`Dense Graded Hot-Mix Asphalt"of the mixture type,SAC,and binder specified.These prices are full compensation for surface preparation, materials,placement,equipment,labor,tools,and incidentals. The work performed and materials furnished in accordance with this Item and measured as provided under Article 3076.5.2,"Measurement,"will be paid for at the unit bid price for"Tack Coat"of the tack coat provided.These prices are full compensation for materials,placement,equipment,labor,tools,and incidentals.Payment adjustments will be applied as determined in this Item;however,a payment adjustment factor of 1.000 will be assigned for all placement sublots for"level ups"only when`level up"is listed as part of the item bid description code.A payment adjustment factor of 1.000 will be assigned to all production and placement sublots when"exempt"is listed as part of the item bid description code,and all testing requirements are met. Payment for each sublot,including applicable payment adjustments greater than 1.000,will only be paid for sublots when the Contractor supplies the Engineer with the required documentation for production and placement QC/QA,thermal profiles,segregation density profiles,and longitudinal joint densities in accordance with Section 3076.4.2.,`Reporting and Responsibilities."When a thermal imaging system is used,documentation is not required for thermal profiles or segregation density profiles on individual sublots; however,the thermal imaging system automated reports described in Tex-244-F are required. Trial batches will not be paid for unless they are included in pavement work approved by the Department. Payment adjustment for ride quality will be determined in accordance with Item 585,"Ride Quality for Pavement Surfaces." 6.1 Production Payment Adjustment Factors.The production payment adjustment factor is based on the laboratory-molded density using the Engineer's test results.The bulk specific gravities of the samples from each sublot will be divided by the Engineer's maximum theoretical specific gravity for the sublot. The individual sample densities for the sublot will be averaged to determine the production payment adjustment factor in accordance with Table 19 for each sublot,using the deviation from the target laboratory-molded density defined in Table 9.The production payment adjustment factor for completed lots will be the average of the payment adjustment factors for the four sublots sampled within that lot. 28-31 10-19 Statewide Page 382 of 539 3076 Table 19 Production Payment Adjustment Factors for Laboratory-Molded Density1 Absolute Deviation from Production Payment Adjustment Factor Target Laboratory-Molded Density (Target.Laboratory-Molded Density) 0.0 1.050 0.1 1.050 0.2 1.050 0.3 1.044 0.4 1.038 0.5 1.031 0.6 1.025 0.7 1.019 0.8 1.013 0.9 1.006 1.0 1.000 1 1 0.965 1.2 0.930 1.3 0.895 14 0.860 1.5 0.825 1.6 0.790 1 7 0.755 1.8 0.720 >1.8 Remove and replace 1 If the Engineer's laboratory-molded density on any sublot is less than 95.0%or greater than 98.0%,take immediate corrective action to bring the mixture within these tolerances.The Engineer may suspend operations if the Contractor's corrective actions do not produce acceptable results.The Engineer will allow production to resume when the proposed corrective action is likely to yield acceptable results. 6.1 1 Payment for Incomplete Production Lots.Production payment adjustments for incomplete lots,described under Section 3076.4.9.2.1 1.,"Incomplete Production Lots,"will be calculated using the average production payment factors from all sublots sampled. A production payment factor of 1.000 will be assigned to any lot when the random sampling plan did not result in collection of any samples within the first sublot. 6.1.2. Production Sublots Subject to Removal and Replacement.If after referee testing,the laboratory-molded density for any sublot results in a"remove and replace"condition as listed in Table 19,the Engineer may require removal and replacement or may allow the sublot to be left in place without payment.The Engineer may also accept the sublot in accordance with Section 3076.5.3.1.,"Acceptance of Defective or Unauthorized Work"Replacement material meeting the requirements of this Item will be paid for in accordance with this Section. 6.2. Placement Payment Adjustment Factors.The placement payment adjustment factor is based on in-place air voids using the Engineer's test results.The bulk specific gravities of the cores from each sublot will be divided by the Engineer's average maximum theoretical specific gravity for the lot. The individual core densities for the sublot will be averaged to determine the placement payment adjustment factorin accordance with Table 20 for each sublot that requires in-place air void measurement.A placement payment adjustment factor of 1.000 will be assigned to the entire sublot when the random sample location falls in an area designated on the plans as not subject to in-place air void determination.A placement payment adjustment factor of 1.000 will be assigned to quantities placed in areas described in Section 3076.4.9.3.14., "Miscellaneous Areas."The placement payment adjustment factor for completed lots will be the average of the placement payment adjustment factors for up to four sublots within that lot. 29-31 10-19 Statewide Page 383 of 539 1 3076 i Table 20 Placement Payment Adjustment Factors for In-Place Air Voids In-Place Placement Pay In-Place Placement Pay Air Voids Adjustment Factor Air Voids Adjustment Factor 1 <2.7 . Remove and Replace 6.4 1.042 2.7 0.710 6.5 1.040 2.8 . 0.740 6.6 1.038 2.9 0.770 6.7 1.036 3.0 0.800 6.8 1.034 3.1 0.830 6.9 1.032 3.2 0.860 7.0 1.030 3.3 0.890 7.1 1.028 3.4 0.920 7.2 1.026 3.5 0.950 7.3 1.024 3.6 0.980 7 4 1.022 3.7 0.998 7.5 . 1.020 3.8 1.002 7.6 1.018 3.9 1.006 7 7 1.016' 4.0 1.010 7.8 1.014 4.1 1.014 7.9 1.012 4.2 1.018 8.0 1.010 4.3 1:022 8.1 1.008 4.4 1.026 8.2 1.006 4.5 1.030 8.3 1.004 4.6 1.034 8.4. . 1.002. 4.7 1.038 8.5 1.000 4.8 1.042 8.6 0.998 4.9 1.046 8.7 0.996 5.0 1.050 8.8 0.994 5.1 1.050 8.9 0.992 5.2 1.050 9.0 0.990 5.3 1.050 9.1 0.960 5.4 1.050 9.2 0.930 5.5 1.050 9.3 0.900 5.6 1.050 9.4 0.870 5.7 1.050 9.5 0.840 5.8 1.050 9.6 0.810 5.9 1.050 9.7 . 0.780 6.0 1.050 9.8 ' 0.750 6.1 1.048 9.9 0.720 6.2 1.046 >9.9 Remove,and Replace 6.3 1.044 6.2.1 Payment for Incomplete Placement Lots.Payment adjustments for incomplete placement lots described under Section 3076.4.9.3.1.2.,"Incomplete Placement Lots,"will be calculated using the average of the placement payment factors from all sublots sampled and sublots where the random location falls in an area designated on the plans as not eligible for in-place air void determination. If the random sampling plan results in production samples,but not in placement samples,the random core location and placement adjustment factor for the sublot will be determined by applying the placement random number to the length of the sublot placed. If the random sampling plan results in placement samples,but not in production samples,no placement adjustment factor will apply for that sublot placed. A placement payment adjustment factor of 1.000 will be assigned to any lot when the random sampling plan did not result in collection of any production samples. 30-31 10-19 Statewide Page 384 of 539 3076 6.2.2. Placement Sublots Subject to Removal and Replacement.If after referee testing,the placement payment adjustment factor for any sublot results in a"remove and replace"condition as listed in Table 20,the Engineer will choose the location of two cores to be taken within 3 ft.of the original failing core location.The Contractor will obtain the cores in the presence of the Engineer The Engineer will take immediate possession of the untrimmed cores and submit the untrimmed cores to the Materials and Tests Division, where they will be trimmed if necessary and tested for bulk specific gravity within 10 working days of receipt. The bulk specific gravity of the cores from each sublot will be divided by the Engineer's average maximum. theoretical specific gravity for the lot.The individual core densities for the sublot will be averaged to determine the new payment adjustment factor of the sublot in question.If the new payment adjustment factor is 0.700 or greater,the new payment adjustment factor will apply to that sublot.If the new payment adjustment factor is less than 0.700,no payment will be made for the sublot.Remove and replace the failing sublot,or the Engineer may allow the sublot to be left in place without payment.The Engineer may also accept the sublot in accordance'with Section 3076.5.3.1.,"Acceptance of Defective or Unauthorized Work." Replacement material meeting the requirements of this Item will be paid for in accordance with this Section. 6.3. Total Adjusted Pay Calculation.Total adjusted pay(TAP)will be based on the applicable payment adjustment factors for production and placement for each lot. TAP=(A+B)/2 where: A=Bid price x production lot quantity x average payment adjustment factor for the production lot B=Bid price x placement lot quantity x average payment adjustment factor for the placement lot+(bid price x quantity placed in miscellaneous areas x 1.000) Production lot quantity=Quantity actually placed-quantity left in place without payment Placement lot quantity=Quantity actually placed-quantity left in place without payment-quantity placed in miscellaneous areas 31-31 10-19 Statewide Page 385 of 539 6007 Special Specification 6007 Texas Intelligent Transportation System (ITS) Fiber Optic °e nt ° sp ' on Cable 1. DESCRIPTION Furnish,install,relocate and remove Intelligent Transportation System(ITS)fiber optic cable,fiber patch panels and splice enclosures as:shown on the plans. 2. MATERIALS 2.1 General Requirements.Provide,assemble,fabricate and install materials that are new,corrosion resistant, and in accordance with the details shown on the plans and in these Specifications. Furnish,install,splice,and test all new fiber optic cable.Provide all splicing kits,fiber optic cable caps, connectors,moisture or water sealants,terminators,splice trays,fiber optic jumpers,pig tails,fiber patch panels,fiber interconnect housing,and accessories necessary to complete the fiber optic network.Provide all equipment necessary for installation,splicing,and testing. 2.2. Cable Requirements.Furnish all-dielectric,dry-filled,gel-free,loose tube fiber optic cable,with low water peak,suitable for underground conduit environments or aerial applications. Furnish self-supporting,all-dielectric,dry-filled,gel-free,loose tube fiber optic cable,with low water peak suitable for aerial applications when not lashing to strand cable. All fiber optic cable furnished must have a design life of 20 yr when installed to the manufacturer's specifications. Splice fiber optic cables in ground boxes,field cabinets,or buildings.Terminate fiber optic cables in field cabinets and buildings that comply with the details shown on the plans and in this Specification. Provide all fiber optic cable from the same manufacturer and the manufacturer is International Organization for Standardization(ISO)9001 certified.Ensure the cables meet or exceed United States Department of Agriculture Rural Utilities Service,(RUS)CFR 1755.900,American National Standards Institute/Insulated Cable Engineers Association(ANSI!ICEA)S-87-640,and Telecommunications Industry Association/Electronic Industries Alliance(TIA/EIA)-492-CAAB standard. 2.3. Optical Requirements. 2.3.1 Optical Fiber Provide ITU G.652 single mode fiber optic cable with a core diameter of 8.3±0.7 microns and a cladding diameter of 125±0.7 microns.Provide optical fiber made of glass consisting of a silica core surrounded by concentric silica cladding,free of imperfections and inclusions. 2.3.2. Core/Clad Concentricity Provide an offset between the center of the core and cladding less than 0.5 microns. 2.3.3. Mode Field Diameter Provide single mode fiber optic cable with the effective area or Mode Field Diameter of the fiber must be 9.2±0.4 pm at 1310 nm and 10.5±1.0 pm at 1550 nm. 2.3.4 Primary Coating.Provide fiber with a coating diameter of 250±,15 microns. 1 -13 03-16 Statewide Page 386 of 539 6007 2.3.5. Attenuation.Provide single mode fiber optic cable with nominal attenuation of 0.35 dBlkm maximum at a wavelength of 1310 nm and nominal attenuation of 0.25 dB/km maximum at a wavelength of 1550 nm. Attenuation at water peak must be less than 0.35 dBlkm at 1383 nm. 2.3.6. Bandwidth and Dispersion.Provide single mode fiber optic cable with a maximum dispersion of: • 3.2 ps/nm-km at a wavelength of 1310 nm,and • 18 ps/nm-km at a wavelength of 1550 nm. Zero dispersion wavelength must be between 1300 nm and 1324 nm and the zero dispersion slope at the zero dispersion wavelength must be less than 0.092 ps/(nm2 km). The cutoff wavelength must be less than 1260 nm for single mode fibers specified to operate at 1310 nm. The cutoff wavelength must be less than 1480 for single mode fibers specified to operate only at 1550 nm or higher The macrobend attenuation per 100 turns must not exceed 0.05 dB at 1310 nm and 1550 nm. 2.3.7 Mechanical Requirements(Tensile Strength).Provide a cable withstanding a pulling tension of 600 lbf without increasing attenuation by more than 0.8 dB/mi when installing in underground conduit systems in accordance with EIA-455-33A.Conduct an impact test in accordance with TIA/EIA-455-25C(FOTP-25)and a compression load test in accordance with TIA/EIA-455-41A(FOTP-41). For all-dielectric self-supporting cable(ADSS)and other self-supporting cables,meet tensile strength requirements in accordance with Section 25,Loading of Grades B and C,of National Electric Safety Code (NESC),for the maximum span and sag information as shown in the plans for aerial construction. 2.3.8. Bend Radius.Provide a cable withstanding a minimum bending radius of 10 times its outer diameter during operation,and 20 times its outer diameter during installation,removal and reinstallation without changing optical fiber characteristics.Test the cable in accordance with EIA-455-33A. 2.3.9. Buffering.Use a buffering tube or jacket with an outer diameter of 1.0 to 3.0 mm containing 12 individual fiber strands.The fibers must not adhere to the inside of the buffer tube. 2.3.10. Color Coding.Provide fiber and buffer tubes with a color coating applied to it by the manufacturer Coating must not affect the optical characteristics of the fiber Provide color configuration in accordance with TIA/EIA- 598 as follows: • 1 Blue • 5.Slate ■ 9.Yellow • 2.Orange • 6.White • 10.Violet • 3.Green • 7 Red • 11 Rose • 4 Brown • 8.Black • 12.Aqua 3. EQUIPMENT 3.1 Cable Type.Provide cables with a reverse oscillation or planetary stranding structure. Jacket construction and group configuration should separate at splice points to cut and splice 1 set of fibers while the others remain continuous.All cable jackets must have a ripcord to aid in the removal of the outer jacket.Submit cable designs for approval. Strand loose buffer tubes around a dielectric central anti-buckling strength member Provide dielectric aramid or fiber glass strength members with specified strength for the cable.Provide cable with a water-blocking material,which is non-hygroscopic,non-nutritive to fungus,non-conductive,non-toxic,and homogeneous. The water blocking material must comply with TIA/EIA-455-81 B and 455-82B as well as TIA/EIA-455-98. 2-13 03-16 Statewide Paae 387 of 539 6007 Ensure a polyethylene inner jacket is applied over the cable core,and that the entire cable is enclosed with a polyethylene outer jacket.Ensure the outer jacket contains black carbon to provide UV protection for the cable.Ensure each cable is marked with the manufacturer's name,the date of manufacture(month/year),the fiber count(example 48F SM),and sequential length markings at maximum 2 ft.increments,measured in U.S.units. For aerial installation,provide standard fiber optic cable lashed to steel messenger cable or ADSS in accordance with the Institute of;Electrical and Electronics Engineers(IEEE)1222 Standard for Testing and Performance for All-Dielectric Self-Supporting(ADSS)Fiber Optic Cable for Use on Electric Utility Power Lines,or most current version.Provide ADSS cable in accordance with the maximum span distance,weather load rating,and allowable sag as shown on the plans."Figure 8"self-supporting cable with integrated messenger cable within the outer jacket for aerial installation is acceptable. 3.1 1 Cable Size.Furnish cables with a maximum diameter not exceeding 19 mm. 3.1.2. Environmental Requirements.Provide cable that functions in a temperature range from-40°F to 158°F 3.2. Fiber Optic Accessories. 3.2.1 Splice Enclosures.Furnish and install 1 of 3 types of underground splice enclosures at locations shown on the plans to accommodate the cables being spliced at that point.The types are as follows: • Type 1 4 cable entry ports,total—2 ports to accommodate backbone fiber of up to 144 fibers and 2 ports for drop cables of up to 48 fibers, • Type 2:6 cable entry ports total—4 to accommodate backbone or arterial cables of up to 144 fibers and 2 ports for drop cables of up to 48 fibers,and • Type 3:8 cable entry ports total—4 to accommodate backbone or arterial cables of up to 144 fibers and 4 ports for drop cables of up to 48 fibers. Provide the end cap of the canister splice closure with re-enterable quick-seal cable entry ports to accommodate additional branch cables or backbone cables.Provide fiber optic splice enclosures with strain relief,splice organizers,and splice trays from the same manufacturer as the splice enclosure.Select the appropriate splice enclosure type based on the number of splices called for in the plans.Suspend all splice closures off floor of the ground box and secure to cable rack assembly on side wall of ground box. For end of reel splicing,use a fiber optic splice enclosure sized to accommodate full cable splice in one enclosure.Fiber optic splice enclosure must be of the same manufacturer as other supplied on a project. Splice enclosure and fusion splicing required for end of reel will be incidental to the fiber optic cable. Comply with the Telcordia Technologies'GR=711-CORE standard and all applicable NEC requirements. Contain all optical fiber splices within a splice enclosure,providing storage for fiber splices,nonspliced fiber, and buffer tubes.Provide sufficient space inside the enclosure to prevent microbending of buffer tubes when coiled. Ensure that the splice enclosure maintains the mechanical and environmental integrity of the fiber optic cable,encases the sheath opening in the cable,and organizes and stores optical fiber Ensure all hinges and latching devices are stainless steel or of a non-corrosive material designed for harsh environments.Ensure that the enclosure is airtight and prevents water intrusion.Ensure that splice enclosures allow re-entry and are hermetically sealed to protect internal components from environmental hazards and foreign material such as moisture,dust,insects,and UV light. '3.2.2. Field Rack Mount Splice Enclosures.Provide a 19 in.EIA rack mounted splice enclosure module to hold spliced fibers as shown in the plans inside field equipment cabinets or buildings. 3-13 03-16 Statewide -Page 388 of 539 6007 Splice or terminate fibers inside rack mounted fiber optic splice enclosures.Provide an enclosed unit designed to house a minimum of 4 cables,sized to accommodate at a minimum the cables shown on the plans plus future expansion. Provide splice enclosures containing mounting brackets with a minimum of 4 cable clamps.Install cable according to manufacturer recommendations for the cable distribution panel. 3.2.3. Fiber Patch Panels.Provide fiber patch panels that are compatible with the fiber optic cable being terminated and color coded to match the optical fiber color scheme.Coil and protect a maintenance loop of at least 5 ft.of buffer tube inside the rack mount enclosure,patch panel,or splice tray Allow for future splices in the event of a damaged splice or pigtail. 3.2.3.1 Cabinet.Terminate or splice fibers inside the compact and modular fiber patch panel in the cabinet.Provide fiber patch panel for installation inside a 19 in.EIA rack and sized appropriately to accommodate the fiber terminations shown on the plans or as directed by the Engineer Provide each patch panel housing with pre- assembled compact modular snap-in simplex connector panel modules,each module having a minimum of 6 fiber termination/connection capabilities.Provide modules with a removable cover having 6 pre- connectorized fiber pigtails,interconnection sleeves,and dust caps installed by the manufacturer Provide a 12 fiber or greater fusion splice tray capability housing,each tray holding 12 fusion splices as shown in the plans.Stack splice trays on a rack to permit access to individual trays without disturbing other trays.Locate splice trays in a rack within a pull-out shelf.Protect the housing with doors capable of pivoting up or down. Document the function of each terminated/spliced fiber,along with the designation of each connector on labels or charts located either on the inside or outside of the housing door Provide labels or charts that are UV resistant design for harsh environments and used inside field equipment cabinets.Use permanent marker or method of identification that will withstand harsh environments.Provide each housing with strain relief.Terminate single mode fiber optic cable with SC connectors to the patch panels,unless otherwise shown on the plans. Install the fiber patch panel as an integral unit as shown on the plans. 3.2.3.2. Building.Provide a fiber patch panel with a modular design allowing interchangeability of connector panel module housing and splice housing within the rack,as shown on the plans. Provide the number of single mode fibers,connector panel module housings,and splice housings for the patch panel unit in the building as shown on the plans.- Provide a fiber patch panel unit,installed at a height less than 7 ft.,capable of housing 8 connector panel module housings or 8 splice housings.Protect the housing with doors capable of pivoting up or down and sliding into the unit. Provide 12 snap-in simplex connector panel modules with each connector panel module housing,each module having 6 fiber termination/connector capabilities.Use a pre-assembled compact modular unit with a removable cover for the snap-in simplex connector panel module having 6 pre-connectorized fiber pigtails, interconnection sleeves,and dust caps installed by the manufacturer Provide each connector panel module housing with a jumper routing shelf,storing up to 5 ft.(minimum)of cable slack for each termination within the housing.Provide the fiber distribution unit with strain relief. Provide splice enclosure with 24 fusion splice tray capabilities,each splice tray holding 12 or more fusion splices.Stack splice trays on a rack to permit access to individual trays without disturbing other trays.Locate the rack on a pull-out shelf. Document the function of each terminated/spliced fiber,along with the designation of each connector on labels or charts located either on the inside or outside of the housing door Provide labels or charts that are UV resistant design for harsh environments and used inside field equipment cabinets.Use permanent marker or method of identification that will withstand harsh environments.Also provide documentation of the function of each terminated or spliced fiber along with the designation of each connector on charts or 4-13 03-16 Statewide Page 389 of 539 6007 diagrams matching the fiber patch panel configuration and locate inside cabinet document drawer Provide documentation at the conclusion of fiber terminations and splicing. Allow terminations only in the fiber interconnect housings,placed in the cabinets as shown on the plans or as directed. 3.2.4 Splice Trays.Use splice tray and fan-out tubing kit for handling each fiber Provide a splice tray and 12 fiber fan-out tubing with each housing for use with the 250 microns coated fiber The fan-out will occur within the splice tray(no splicing of the fiber required).Allow each tube to fan out each fiber for ease of connectorization.Label all fibers in splice tray on a log sheet securing it to the inside or outside of the splice tray Provide UV resistant log sheet suitable for harsh environments,located inside field cabinets or splice enclosures.Provide fan-out tubing with 3 layers of protection consisting of fluoropolymer inner tube,a dielectric strength member,and a 2.9 mm minimum outer protective PVC orange jacketing. 3.2.5. Jumpers.Provide fiber optic jumper cables to cross connect the fiber patch panel to the fiber optic transmission equipment as shown on the plans or as directed.Match the core size,type,and attenuation from the cable to the simplex jumper Use yellow jumpers and provide strain relief on the connectors.Provide fiber with a 900 micron polymer buffer,Kevlar strength member,and a PVC jacket with a maximum outer jacket of 2.4 mm in diameter Provide 5 ft.long jumpers,unless otherwise shown on the plans.On the patch panel end of each jumper, provide an SC connector On the opposite end of the jumper,provide a connector that is suitable to be connected to the fiber optic transmission equipment selected.When providing jumpers for existing equipment,provide connectors suitable to be connected to patch panels and fiber optic transmission equipment in use.All jumpers must have factory terminated connectors.Field terminations of connectors is prohibited. 3.2.6. Fiber Optic Cable.Storage Device.Furnish fiber optic cable storage device designed to store slack fiber optic cable by means of looping back from device to device on an aerial run.Furnish storage devices that are non-conductive and resistant to fading when exposed to UV sources and changes in weather Ensure storage devices have a captive design such that fiber-optic cable will be supported when installed in the aerial rack apparatus and the minimum bending radius will not be violated.Provide stainless steel attachment hardware for securing storage devices to messenger cable and black UV resistant tie-wraps for securing fiber-optic cable to storage device.Provide tie-wraps that do not damage fiber when securing to storage device.-Ensure storage devices are stackable so multiple cable configurations are possible.Ensure cable storage devices furnished are compatible with the type of aerial cable furnished and installed.Aerial cable storage devices will be considered incidental to the installation of the fiber optic cable. 4. CONSTRUCTION Install fiber optic cable in accordance with United States Department of Agriculture Rural Utilities Service CFR 1755.900 specifications for underground and aerial plant construction without changing the optical and mechanical characteristics of the cables. Utilize available machinery,jacking equipment,cable pulling machinery with appropriate tension monitors, splicing and testing equipment,and other miscellaneous tools to install cable,splice fibers,attach connectors and mount hardware in cabinets employed with the above"Mechanical Requirements."Do not jerk the cable during installation.Adhere to the maximum pulling tensions of 600 lbf and bending radiusof 20 times the cable diameter or as specified by the manufacturer,whichever is greater Use installation techniques and fixtures that provide for ease of maintenance and easy access to all components for testing and measurements.Take all precautions necessary to ensure the cable is not damaged during transport,storage,or installation.Protect as necessary the cables to prevent damage if being pulled over or around obstructions along the ground. 5-13 03-16 Statewide Page 390 of 539 6007 Where plans call for removal of existing cable to salvage or reuse elsewhere,take care to prevent damaging the existing cable during removal adhering to all of the requirements for installation that pertain to removal. 41 Packaging,Shipping,and Receiving.Ensure the completed cable is packaged for shipment on reels. Ensure the cable is wrapped in weather and temperature resistant covering.Ensure both ends of the cable are sealed to prevent the ingress of moisture. Securely fasten each end of the cable to the reel to prevent the cable from coming loose during transit. Provide 6 ft.of accessible cable length on each end of the cable for testing.Ensure that the complete outer jacket marking is visible on these 6 ft.of cable length.Provide each cable reel with a durable weatherproof label or tag showing the Manufacturer's name,the cable type,the actual length of cable on the reel,the Contractor's name,the contract number,and the reel number Include a shipping record in a weatherproof envelope showing the above information and also include the date of manufacture,cable characteristics (size,attenuation,bandwidth,etc.),factory test results,cable identification number and any other pertinent information.Ensure that all cable delivered has been manufactured within 6 mo.of the delivery date.Ensure that the minimum hub diameter of the reel is at least 30 times the diameter of the cable.Provide the cable in one continuous length per reel with no factory splices in the fiber Provide a copy of the transmission loss test results as required by the TIAIEIA-455-61 standard,as well as results from factory tests performed prior to shipping. 4.2. Installation in Conduit.Install fiber optic cable in conduits in a method that does not alter the optical properties of the cable.If required,relocate existing cable to allow new fiber optic cable routing in conduits. When pulling the cable,do not exceed the installation bending radius.Use rollers,wheels,or guides that have radii greater than the bending radius.Use a lubricating compound to minimize friction.Use fuse links and breaks to ensure that the cable tensile strength is not exceeded.Measure the pulling tension with a mechanical device and mechanism to ensure the maximum allowable pulling tension of 600 lbf is not exceeded at any time during installation. Provide a single 1/C#14 XHHW insulated tracer wire in conduit runs where fiber optic cable is installed. Provide cable that is UL listed solid copper wire with orange color low density polyethylene insulation suitable for conduit installation and with a voltage rating of 600V When more than one fiber optic cable is installed through a conduit run,only one tracer wire is required.Fuse or join tracer wires used in backbone,arterial, and drop runs,so that you have one continuous tracer wire.Terminate tracer wire at fiber optic test markers or equipment cabinets as identified in the plans for access to conduct a continuity test.Tracer wire will be paid for under Item 620,"Electrical Conductors." Provide flat pull cord with a minimum tensile strength of 1,250 lb.in each conduit containing fiber optic cable. A traceable pull cord,with a metallic conducting material integral to the pull cord,may be substituted for a 1/C#14 tracer wire only with approval from the Department. Seal conduit ends with a 2 part urethane after installation of fiber optic cable. 4.3. Cable Installation between Pull Boxes and Cabinets or Buildings.Do not break or splice a second fiber optic cable to complete a run when pulling the cable from the nearest ground box to a cabinet or building. Pull sufficient length of cable in the ground box to reach the designated cabinet or building.Pull the cable through the cabinet to coil,splice,or terminate the cable in the cabinet or building.Do not bend the cable beyond its minimum bend radius of 20 times the diameter Coil and tie cable inside cabinet,building,or boxes for future splicing or termination as shown in the plans. Cut off and remove the first 10 ft.of pulled or blown fiber stored.This work is incidental to this Item.Coat the open end of the coiled cable with protective coating and provide a dust cap. 4 4 Aerial Installation.Use pole attachment hardware and roller guides with safety clips to install aerial run cable.Maintain maximum allowable pulling tension of 600 lb.ft.during the pulling process for aerial run cable by using a mechanical device.Do not allow cable to contact the ground or other obstructions between poles during installation.Do not use a motorized vehicle to generate cable pulling forces.Use a cable suspension 6-13 03-16 Statewide Page 391 of 539 6007 clamp when attaching cable tangent to a pole.Select and place cable blocks and corner blocks so as not to exceed the cable's minimum bending radius.Do not pull cable across cable hangers.Store 100 ft.of fiber- optic cable slack,for future use,on all cable runs that are continuous without splices or where specified on the plans.Store spare fiber optic cable on fiber-optic cable storage racks of the type compatible with the aerial cable furnished.Locate spare cable storage in the middle of spans between termination points.Do not store spare fiber-optic cable over roadways,driveways or railroads. Install standard cable on timber,poles by lashing to steel messenger cable.Provide steel messenger cable in accordance with Item 625,"Zinc Coated Steel Wire Strand."Install all-dielectric self-supporting cable(ADSS) cable on timber poles using clinching clamp with cable hanger Install aerial run cable in accordance with these specifications and as shown on the plans. Locate aerial fiber in accordance with the NESC,Section 23,with respect to vertical clearances over the ground,between conductors carried on different supporting structures,and required separation distance of the cable from bridges,buildings,and other structures. 4.5. Blowing Fiber Installation.Use either the high-air speed blowing(HASB)method or the piston method. When using the HASB method,ensure that the volume of air passing through the conduit does not exceed 600 cu.ft.per min.or the conduit manufacturer's recommended air volume,whichever is more restrictive. When using the piston method,ensure that the volume of air passing through the conduit does not exceed 300 cu.ft.per min.or the conduit manufacturer's recommended air volume,whichever is more restrictive. 4.6. Slack Cable.Pull and store excess cable slack inside ITS ground boxes as shown on the plans.The following are minimum required lengths of slack cable,unless otherwise directed: • ground boxes(No Splice)-25 ft., • ground boxes(With Splice)-100 ft., • future splice point- 100 ft.,and • cabinets-25 ft. Note that the slack is to be equally distributed on either side of the splice enclosure and secured to cable storage racks within the ground boxes. Provide proper storage of slack cable,both long term and short term.Neatly bind cables to be spliced together from conduit to splice enclosure with tape.Do not over bind by pinching cable or fiber Ground and bond the armor when installing armored fiber optic cable.Meet NEC and NESC requirements for grounding and bonding when using armored cable. 4 7 Removal,Relocation and Reinstallation of Fiber Optic Cable.Remove fiber optic cable from conduit as shown on plans. Use care in removing existing fiber optic cables so as not to damage them.Provide cable removal and reinstallation procedures that meet the minimum bending radius and tensile loading requirements during removal and reinstallation so that optical and mechanical characteristics of the existing cables are not degraded.Use entry guide chutes to guide the cable out of and in to existing or proposed conduit,utilizing lubricating compound where possible to minimize cable-to-conduit friction.Use corner rollers (wheels)with a radius not less than the minimum installation bending radius of cable.Dispose of removed fiber optic cable unless plans show for it to be re-used(relocated/re-installed)or salvaged and delivered to the Department.See plans for details.Test each optical fiber in the cable for performance and for loss at existing terminations or splices prior to cutting and removal.Retest following removal and following re- installation to ensure the removal and reinstallation has not affected the optical properties of the cable.Any fiber optic cable damaged by the contractor that is to be re-used shall be replaced by the contractor at no cost to the Department with new fiber optic cable meeting the approval of the Engineer The Engineer reserves the right to reject the fiber based on the test results. Maintain the integrity of existing cables,conduit,junction boxes and ground boxes contiguous to the section of cables to be removed.Replace or repair any cables,conduit,junction boxes or ground boxes damaged during work at the Contractor's expense.The replacement or repair method must be approved by the Engineer,prior to implementation. 7-13 03-16 Statewide Pane 392 of 5:19 6007 4.8. Splicing Requirements.Fusion splice fibers as shown on the plans,in accordance with TIAIEIA-568 and TIAIEIA-758. Use fusion splicing equipment recommended by the cable manufacturer Clean,calibrate,and adjust the fusion splicing equipment at the start of each shift.Use splice enclosures,organizers,cable end preparation tools,and procedures compatible with the cable furnished.Employ local injection and detection techniques and auto fusion time control power monitoring to ensure proper alignment during fusion splicing. When approaching end of shift or end of day,complete all splicing at the location.Package each spliced fiber in a protective sleeve or housing.Re-coat bare fiber with a protective 8 RTV,gel or similar substance,prior to application,of the sleeve or housing. Perform splices with losses no greater than 0.10 dB.Use an Optical Time Domain Reflectometer(OTDR)to test splices in accordance with Section 413.1 1 Record splice losses on a tabular form and submit for approval. 4.9. Termination Requirements.Provide matching connectors with 900 micron buffer fiber pigtails of sufficient length and splice the corresponding optical fibers in cabinets where the optical fibers are to be connected to terminal equipment.Buffer,strengthen,and protect pre-terminated fiber assemblies(pigtails)with dielectric aramid yam and outer PVC jacket to reduce mishandling that can damage the fiber or connection.Pigtails must be duplex stranding with a yellow PVC outer jacket.Fiber optic pigtails must be factory terminated with SC connectors,unless otherwise shown on the plans.When providing pigtails for existing equipment,provide connectors suitable to be connected to patch panels and fiber optic transmission equipment in use. Connectors must meet the TIAIEIA-568 and TIAIEIA-758 standards and be tested in accordance to the Telcordia/Bellcore GR-326-CORE standard.When tested according to TIA/EIA-455-171 (FOTP-171),ensure that the connectors test to an average insertion loss of less than or equal to 0.4 dB and a maximum loss of less than or equal to 0.75 dB for any mated connector Maintain this loss characteristic for a minimum of 500 disconnections and reconnections with periodic cleanings per EIA-455-21A(FOTP-21).Qualify and accept connectors by the connector-to-connector mating using similar fibers.Ensure that the connector operating range is-40°F to 167°F Provide connectors with a yellow color body or boot. Test connections at the patch panel and splices made between cables to pigtails with the OTDR to verify acceptable losses. Remove 5 ft.of unused optical fibers at the ends of the system from the buffer tube(s)and place coiled fibers into a splice tray Clean the water blocking compound from all optical fibers destined for splice tray usage. Install cable tags at all splice points identifying key features of each cable such as cable name or origin and destination and fiber count. Ensure tags are self-laminating or water resistant.Print the information onto the tags electronically or write neatly using a permanent marker Locate tags just prior to entrance into splice enclosure. 410. Mechanical Components.Provide stainless steel external screws,nuts and locking washers.Do not use self-tapping screws unless approved.Provide corrosion resistant material parts and materials resistant to fungus growth and moisture deterioration. 411 Experience Requirements. 411 1 Installing Fiber Optic Cable.The Contractor or designated subcontractor involved in the installation of the fiber optic cable must meet the experience requirements in accordance with the following: ■ minimum of 3 yr of continuous existence offering services in the installation of fiber optic cable through an outdoor conduit system or aerial and terminating in ground boxes,field cabinets or enclosures or buildings,and 8-13 03-16 Statewide Page 393 of 539 6007 • completed a minimum of 3 projects where the personnel pulled a minimum of 5 mi.in length of fiber optic cable through an outdoor conduit system of aerial for each project.The completed fiber optic cable systems must have been in continuous satisfactory operation for a minimum of 1 yr 411.2. Splicing and Testing of Fiber Optic Cable.The Contractor or designated subcontractor involved in the splicing and testing of fiber optic cable must meet the experience requirements in accordance with the following: 411.2.1 Minimum Experience.3 yr continuous existence offering services in the fields of fusion splicing and testing of fiber optic cable installed through a conduit system and terminating in ground boxes,field cabinets or enclosures or buildings.Experience must include all of the following: • termination of a minimum of 48 fibers within a fiber distribution frame, • OTDR testing and measurement of end to end attenuation of single mode and multimode fibers, • system troubleshooting and maintenance, • training of personnel in system maintenance, • use of water-tight splice enclosures,and • fusion splicing of fiber optic cable which meet the tolerable decibel(dB)losses within the range of 0.05 dB—0.10 dB for single mode. 411.2.2. Completed Projects.A minimum of 3 completed projects where the personnel performed fiber optic cable splicing and terminations,system testing,system troubleshooting and maintenance during the course of the project and provided training on system maintenance. Each project must have consisted of a minimum 5 mi. of fiber.optic cable installed,measured by project length not linear feet of fiber installed. The completed fiber optic cable systems must have been in continuous satisfactory operation for a minimum of 1 yr 412. Documentation Requirements'.Provide a minimum of 2 complete sets of fiber optic equipment submittal literature documenting compliance with the requirements of this Item including operation and maintenance manuals in hard copy format,bound,as well as an electronic version in Adobe PDF format on a CD/DVD or removable flash drive that includes the following: • fiber optic cable literature consisting of manufacturer specification and cut sheets, • fiber optic equipment literature consisting of manufacturer specification and cut sheets for splice enclosures,patch panels,splice trays,jumpers,cable storage devices,and fiber optic labeling devices, • complete factory performance data documenting conformance with the performance and testing standards referenced in this Item,including pre-installation test results of the cable system, • installation,splicing,terminating and testing plan and procedures, • documentation of final terminated or spliced fibers,function,and equipment designation, • OTDR calibration certificate, • post-installation,post termination,subsystem,and final end-to-end test results, • loss budget calculation and documentation, • complete parts list including names of vendors, • complete maintenance and trouble-shooting procedures,and • proof of minimum experience and completed projects. 412.1 Installation Practice.Submit for approval electronic copy of the Contractors Installation Practices 30 working days prior to installation.Submit installation practices and procedures and a list of installation, splicing and test equipment used.Provide detailed field quality control procedures and corrective action procedures. 412.2. Manufacturer's Certification.Accompany each reel of fiber optic cable with the manufacturer's test data showing the conformance to the requirements in this Item. 412.3. Test Procedures.Submit test procedures and data forms for the pre-installation,post-installation, subsystem,final end to end test,and loss budget calculations for approval.Test procedures will require 9-13 03-16 Statewide Page 394 of 539 6007 approval before performing tests.Submit 1 copy data forms containing data and quantitative results,as well as an authorized-signature.Submit a copy of the OTDR results as a hard copy or electronic copy in PDF format including all OTDR traces and clearly identifying each event(fusion splice,jumper,connector,etc.) with the measured loss identified 413. Testing.Perform tests in accordance with testing requirements in this Item,USDA RUS CFR 1755.900,and TIAIEIA-455-61 test specifications. For all tests,provide test forms to be used that compare measured results with threshold values. 413.1 Test Methods. 413.1 1 Optical Time Domain.Reflectometer(OTDR)Tests.Use the OTDR to measure fiber optic cable for overall attenuation(signal loss dB/km),fiber cable length,and identify fiber optic cable anomalies such as breaks. Perform the following 4 OTDR tests: • pre-Installation test(Acceptance test), • post installation test, • post termination test,and • final end to end test. OTDR Settings: • generate a file name for each OTDR scan.The file name must indicate the location or direction the test was run from,as well as the fiber number being tested, • set the"A"cursor at the beginning of the fiber trace and set the"B"cursor at the end of the fiber trace. The distance to cursor"B"indicates the length of the fiber cable segment being measured, • match the index of refraction to the index of the factory report, • set the loss indicator to dB/km for the acceptance test, • the reflectance is automatically set internally by the OTDR, • set the pulse width at a medium range.Change the pulse width to a slow pulse width when an anomaly occurs on the fiber trace so that it can be examined closely, • set the average at medium speed.Change the average to slow when an anomaly appears,on the fiber trace to allow for closer examination of the anomaly,and • set wavelength at 2 windows for single mode cable:1310 nm and 1550:nm. Provide the current OTDR calibration certificate for the device used,showing the unit has been calibrated within the last year Show all settings on test result fiber scans. 413.1.2. Pre-installation Tests.Test and record the fiber optic cable at the site storage area prior to installation. Conduct bi-directional OTDR tests for each fiber strand.Test each optical fiber in the cable from one end with an OTDR compatible with wavelength and fiber type.Check testing for length,point discontinuity,and approximate attenuation.Record each measurement by color,location,and type of fiber measured.Perform a measurement from the opposite end of that fiber in case a measurement cannot be made from one end. Wait for notification if loss per kilometer exceeds manufacturer's test data by more than.0.5 dBlkm or point discontinuity greater than 0.05 dB. Perform this test within 5 days from receipt of the fiber optic cable.Test overall attenuation(dB/km),total cable length,anomalies,and cable problems.Test cable at both wavelengths(1310 nm and 1550 nm for single mode cable).Verify that the cable markings on the outer jacket are within 1%of the total cable length. Compare factory test results with test results and return to manufacturer if test results are not identical to factory test results.If identical,document the test results.Deliver documentation for future reference. 413.1.3. Post-installation Tests.Re-test and re-record each optical fiber in the cable after installation,before termination,for loss characteristics.Test both directions of operations of the fiber 10-13 03-1.6 Statewide Page 395 of 539 6007 Immediately perform the post installation test after the fiber optic cable has been installed.Test cable for overall attenuation,cable segment length,and evidence of damage or microbend with the OTDR.Replace any cable segment that is damaged during the test and document test results.Submit test results for approval. Use the same OTDR settings for Post-Installation Tests as the Pre-Installation Tests. 4 13.1 4 Post Termination Tests.Perform the post termination test after the cable is terminated or spliced,including termination of fiber cable to fiber cable or fiber cable to fiber pigtail and fiber cable to patch panels.Check attenuation,fusion or termination point problems,and overall fiber cable segment.Determine if the attenuation and quality of the termination complies with these Specifications;if not,re-terminate the fiber and re-test until,the Specification requirements are met.Test the fiber segment for attenuation and anomalies after termination acceptance.Document and submit test results after fiber segment acceptance. 413.1.5. Subsystem Tests.Perform network subsystem tests after integration to the fiber optic network.Test the capability of the fiber optic cable to transmit video and digital information from node to node.A node is defined as a communication cabinet,hub cabinet,surveillance cabinet,or hub building where network hub switches are located.Complete and submit approved data forms for approval. Correct and substitute components in the subsystem if the subsystem tests fail and repeat the tests. Components may include:cable,jumper,patch panel module,or connector Prepare and submit a report if a component was modified as result of the subsystem test failure.Describe in the report the failure and action taken to remedy the situation. 413.1.6. Final End-to-End Test.Perform final end to end Test after fiber cable segments of the system are terminated using the OTDR and an optical Power Meter and Light Source(PMLS). Perform the Part 1 of the final end to end test using OTDR: • measure the overall fiber cable system length, • measure the overall system attenuation,and • check for anomalies. Perform the Part 2 of the final end to end test using a PMLS: • measure the absolute power of the fiber optic signal across all links,and • check for anomalies. Document and submit results after test acceptance. 413.2. Loss Budget Calculation and Documentation.Calculate the total loss budget of the system according to the following calculations and compare the actual loss in each segment of the system to the calculated budget.Submit the results for each section of fiber optic cable in tabular format reporting if the total loss is within the limits of these Specifications by noting"pass"or"fail"for each segment of fiber A segment of fiber is defined as one that terminates at each end.Use the following calculations to determine the loss budget for each segment • splice loss budget=number of splices x 0.1 dB/splice, • connector loss budget=number of connectors x 0.75 dB/connector, • length loss budget=length of fiber optic cable(measured by OTDR)x 0.35'dB/km for 1310 nm wavelength or 0.25 dB/km for 1550 nm wavelength,and • total Loss Budget=splice loss budget+connector loss budget+length loss budget. Provide loss budget calculation equations on test form to be submitted as part of the documentation requirements.Provide threshold calculations described above along with measured results. 11 -13 03-16 Statewide Paae 396 of 539 6007 414 Training.Conduct a BISCI or IMSA certified training class(minimum of 16 hr)for up to 10 representatives r designated by the Department on procedures of installation,operations,testing,maintenance and repair of all equipment specified within this specification.Submit to the Engineer for approval,10 copies of the training material at least 30 days before the training begins.Conduct training within the local area unless otherwise authorized by the Engineer Include the following training material: • NESC,NEC,and ANSI/TIA 590 code compliance, • fiber optic cable pulling and installation techniques, • use of installation tools, • splicing and terminating equipment and test instruments, • trouble shooting procedures,and • methods of recording installation and test data. 415. Warranty Provide a warranty for all materials furnished in this Item.Ensure that the fiber optic cable,the splice enclosures,splice centers,and cable markers have a minimum of a 2 yr manufacturer's warranty and that 95%of that warranty remains at the date of final acceptance by the Engineer If the manufacturer's warranties for the components are for a longer period,those longer period warranties will apply Guarantee that the materials and equipment furnished and installed for this project performs according to the manufacturer's specifications. Ensure that the manufacturer's warranties for off-the-shelf equipment consisting of splice enclosures,splice trays,connectors,fiber jumper cables,and fiber patch panels are fully transferable from the Contractor to the Department.Ensure that these warranties require the manufacturer to furnish replacements for any off-the- shelf part or equipment found to be defective during the warranty period at no cost to the Department within 10 calendar days of notification by the Department. Ensure that the manufacturer's warranty for fiber optic cable is fully transferable from the Contractor to the Department.Ensure that the warranty requires the manufacturer to furnish replacement fiber optic cable found to be defective during the warranty period at no cost to the Department within 45 calendar days of notification by the Department. 5. MEASUREMENT Fiber optic cable installed, relocated and removed will be measured by the linear foot. Fiber optic splice enclosures, rack mounted splice enclosures and fiber optic patch panels will be measured by each unit installed.Splicing of Fiber Optic Cables will be measured by each fusion splice performed. 6. PAYMENT 6.1 Furnish and Install. 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"Fiber Optic Cable"of the various types,and number of fibers specified.This price is full compensation for furnishing and installing all cable;for pulling through conduit or duct;aerial installation;terminating;testing;and for materials,equipment,labor,tools, documentation,warranty,training and incidentals. 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"Fiber Optic Splice Enclosure"of the various types and "Rack Mounted Splice Enclosure."This price is full compensation for furnishing and installing all enclosures whether aerial,underground,in cabinet or in building;and for materials,equipment,labor,tools, documentation,warranty,training and incidentals. 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"Fiber Optic Fusion Splice"for each fusion splice 12-13 03-16 Statewide Paae 397 of 539 6007 shown on the plans and performed.This price is full compensation for splicing;testing;and for materials, equipment,labor,tools,documentation,warranty,training and incidentals. 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"Fiber Patch Panel"of the various types and sizes specified.This price is full compensation for furnishing and installing all patch panels and terminating fibers on the panel as shown on the plans;and for materials,equipment,labor,tools,documentation,warranty, training and incidentals. Conduit will be paid for under Item 618,"Conduit"and Special Specification 6016,"ITS Multi-Duct Conduit." Electrical conductors will be paid for under Item 620,"Electrical Conductors." 6.2. Install Only The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit bid price for"Fiber Optic Cable(Install Only)"of the various types,and number of fibers specified.This price is full compensation for installing fiber optic cable furnished by the Department;for pulling through conduit or duct;aerial installation;terminating;testing;and for materials,equipment,labor,tools,documentation,warranty,training and incidentals. Conduit will be paid for under Item 618,"Conduit"and Special Specification 6016,"ITS Multi-Duct Conduit." Electrical conductors will be paid for under Item 620,"Electrical Conductors." 6.3. Relocate.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"Relocate FiberOptic Cable."This price is full compensation for relocating all cable,regardless of cable size;for pulling through conduit or duct; aerial installation;terminating;testing;and for materials,equipment,labor,tools,documentation,and incidentals. 6.4 Remove.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`Remove Fiber Optic Cable" This price is full compensation for removing all cable for salvage,regardless of cable size;testing;returning to the Department;and for materials,equipment,labor,tools,documentation,and incidentals. 13-13 03-16 Statewide Page 398 of 539 6016 Special Specification 6016 Intelligent Transportation System (ITS) Multi-Duct °Tian por ion 9 p Y Conduit 1. DESCRIPTION Furnish and install Intelligent Transportation System(ITS)multi-duct conduit identified for fiber optic communication use of the type and size specified.Provide conduit suitable for installation in an outdoor underground environment including constant immersion in water,mounted to retaining walls,and mounted above ground on the underside of a bridge without any degradation to the conduit. 2. MATERIALS Provide new materials that comply with the details shown on the plans,the requirements of this Item,and the requirements of the following Items: • Item 400,"Excavation and Backfill for Structures," • Item 401,"Flowable Fill," • Item 402,"Trench Excavation Protection," • Item 421,"Hydraulic Cement Concrete," • Item 445,"Galvanizing," • Item 476,"Jacking,Boring,or Tunneling Pipe or Box," • Item 618,"Conduit,"and • Item 620,"Electrical Conductors" In addition,provide ITS multi-duct conduit meeting the requirements of the following Items: • Underwriters Laboratories(UL)651,2420,and 2515, • National Electrical Manufacturers Association(NEMA)Standard TC-2, • NEMA TC-7, • NEMATC-14B, • National Electrical Code(NEC),and • Departmental Materials Specification DMS 11030,"Conduit" Provide underground ITS multi-duct conduit materials that have been tested and listed as defined in the NEC for the specific use to meet the following industry standards: • BellcorelTelcordia Technologies document GR-356, • American Society for Testing and Materials(ASTM)-D1784,Standard Specification for Rigid(PolyVinyl Chloride)(PVC)Compounds and(Chlorinated Poly Vinyl Chloride)(CPVC)Compounds, • ASTM-D1785,Standard Specification for Poly(Vinyl Chloride)(PVC)Plastic Pipe,Schedules 40,80, and 120, • ASTM-D2122,Standard Test Method for Determining Dimensions of Thermoplastic Pipe and Fittings, • ASTM-F2160,Standard Specification for Solid Wall High Density Polyethylene(HDPE)Conduit Based in Controlled Outside Diameter, • ASTM-D2412,Standard Test Method for Determination of External Loading,and • ASTM-D3350,Standard Specification for Polyethylene Plastic Pipe and Fittings Materials. 1 -8 03-16 Statewide Page 399 of 539 6016 Provide above ground ITS multi-duct conduit materials that have been tested and listed as defined in the NEC for the specific use to meet the following industry standards: • ASTM-A90,Standard Test Method for Weight of Coating on Iron and Steel Articles with Zinc-Alloy Coatings, • ASTM-D2105,Standard Test Method for Longitudinal Tensile Properties of"Fiberglass"(Glass-Fiber- Reinforced Thermoplastic-Resin)Pipe and Tube,and • ASTM-D2444,Standard Test Method for Determination of the Impact Resistance of Thermoplastic Pipe and Fittings by Means of a iup(Falling Weight). 3. EQUIPMENT 3.1 General Requirements. 3.1 1 Pre-Assembled Multi-Duct.Provide a pre-assembled multi-duct conduit system of the material type specified with a nominal 4 in.inner diameter round outer duct containing 4 factory installed 1.25 in.nominal diameter round inner ducts.Inner ducts must be held together in a square configuration by a system of spacers.The design of the spacers,which hold the individual conduits in formation,must be capable of locking them tightly together to prevent free twisting of the inner ducts. For pre-assembled multi-duct,provide a single protective end cap for each bundled 10 ft.or 20 ft.conduit sections,factory bends,and fittings. 3.1.2. Fittings.Provide all required sweeps,bends,repair couplings,ground box termination kits,alternative outer ducts,adapters,preassembled split repair kits,lubrication access fittings,tug-plugs,slit-inner duct plugs, hangers,brackets,expansion joints,and accessories to complete the conduit system as incidentals. 3.1.3. Flexural Modulus.Do not exceed the ovality of the conduit system by 5%. 3.14 Environmental Requirements. For underground construction,provide conduit that will perform in an ambient temperature range of-30°F to 122°F without degradation of material properties In accordance with the NEC. For above ground conduit construction,provide conduit that performs in an ambient temperature range of-60°F to 200°F without degradation of material properties. 3.1.5. Corrosion Resistance.Provide a conduit system that is resistant to most harsh chemicals and protected against degradation due to oxidation or general corrosion. 3.1.6. Direct Bury Provide a conduit system capable of being installed by trenching or boring as shown on the plans. 3.17 Free of Defects.Provide a conduit system free of visible:cracks,holes,or other physical defects that would degrade its performance. 3.1.8. Uniformity Provide conduit that is uniform as practical in respect to overall dimensions,color,density,and thickness. 3.1.9. Stabilization.Provide conduit with a UV light stabilizer which will protect it,for a minimum of 12 mo.,from degradation due to prolonged exposure to direct sunlight. 3.1 10. Conduit Identification.Provide conduit with a durable identification labeling showing the name and trademark of the manufacturer,conduit size,date of manufacture and"TxDOT-Fiber Optic Cable System" identification. 2-8 03-16 Statewide Page 400 of 539 6016 3.1 11 Grounding.Provide a bare copper No.8 AWG system grounding conductor,in accordance with Item 620, "Electrical Conductors",in 1 inner duct of the conduit duct system if no other cable is to be installed in the conduit system for use as a grounding conductor between ground boxes. 3.2. Outer Duct. 3.2.1 PVC Multi-Duct.Provide heavy walled Schedule 40 polyvinyl.chloride(PVC)or heavy walled Schedule 80 PVC outer duct with a nominal inside diameter(ID)of 4 in.as shown on the plans or as directed for underground construction.Provide minimum 20 ft.sections of conduit. Incorporate a longer'integral bell in place of the standard 3-1/2 in.bell to accommodate the length of the coupling body Provide 4 in.Schedule 40.conduit with an average outside diameter(0D)of 4.5 in.and a minimum wall thickness of 0.237 in. Provide 4 in.Schedule 80 conduit,or equivalent with an average OD of 4 75 in.and a minimum wall thickness of 0.337 in.When providing an equivalent to.Schedule 80,provide independent laboratory testing certifications showing the equivalent product meets or exceeds performance and testing requirements to that of Schedule 80. 3.2.2. Rigid Metal Multi-Duct.Provide galvanized rigid metal conduit_(RMC)outer duct with a nominal ID of 4 in. as shown on the plans or as directed.Provide a minimum 10 ft.section of conduit. Provide 4 in.RMC with an average 0D of 4.5 in.and a minimum wall thickness of 0.225 in. 3.2.3. Fiberglass Multi-Duct.Provide,bullet resistant,pure,high grade,reinforced thermosetting resin conduit outer duct with a nominal ID of 4 in.as shown on the plans or as directed.Provide a minimum 10 ft.section of conduit. Provide 4 in.fiberglass conduit with a minimum 0D of 4.25 in.and a minimum wall thickness of 0.250 in. 3.3. Inner ducts.Provide inner duct Schedule 40 PVC or High Density Polyethylene(HDPE)conduit with a 1.25 in.nominal diameter Extrude inner ducts in a controlled 0D fashion. 3.3.1 Spacers.Hold together the inner ducts with spacers located throughout each section of conduit.Factory install the system of spacers to hold inner ducts in place during transport and maintain alignment within the outer duct.Mold spacers from high impact plastic,and be factory certified to withstand all handling pressures and stresses. 3.3.2. Longitudinal Ribbing.For HDPE inner ducts,incorporate longitudinal ribbing and permanent dry lubricant that is extruded to provide friction reduction in cable installation. 3.3.3. Identification by Color Provide inner ducts that are uniquely defined by the extrusion of a different color for each of the inner ducts;colors must be orange,yellow,red,and black. Provide black inner duct that is placed directly in line with the manufacturer's identification on the outer duct for ease of identification and installation. Duct designated for backbone fiber will be black in color;duct designated for distribution fiber will be orange and red in color;and duct designated for drop(field cabinet)fibers cable will be yellow in color 3.3.4 Pull Cord.Provide a flat pull cord in all empty inner ducts.Provide a pull cord with a tensile strength of 1,250 lb.minimum and have foot markings to determine length installed. 3-8 03-16 Statewide Page 401 of 539 6016 3.4 Fittings.Provide fittings with the same material to the connecting conduit unless otherwise shown on the plans. 3.5. Coupling Body Provide a factory installed primary coupling body that is manufactured as a hard plastic coupling body incorporating conical shaped target areas to accommodate self-alignment of each inner duct upon field assembly Provide a coupling body that incorporates sealing devices to facilitate field assembly and prevent water and foreign material leakage from outside the multi-duct system and to prevent air leakage from inside the inner ducts.Assemble solely by hand without use of special tools such that no lubricant will be required for field assembly of this conduit system. Provide the coupling body with its sealing members sealing the outer walls of the inner ducts and the inner wall of the outer duct providing an airtight seal from within the inner duct system and a watertight seal from the outside of the outer duct. Provide the gasket or sealing members that is an anti-reversing design in such that the lengths of conduit stay joined together without the need for solvent cement. Provide the field connection end of the internal coupling body that incorporates shaped target areas to accommodate self-alignment of the inner ducts with bore openings during field assembly Provide the coupling body that has one of the bore openings on the field assembly side uniquely identified to facilitate proper continuous inner duct alignment during field assembly The coupling body must seal the,inner duct so that after the application of 100 psi to an inner duct,the inner duct must be capable of maintaining a minimum of 15 psi for 24 hr Employ an approved independent commercial testing laboratory to perform the above test.Submit certified reports of test to Department. 3.6. Expansion Joints.Provide expansion joints having a material similar to the connecting conduit unless otherwise shown on the plans. Use conduit expansion fittings at structure expansion joint crossings. 3.7 Termination Kits.Provide end or pass-through termination kits from the same conduit manufacturer for termination in ground boxes and junction boxes. Ensure a watertight seal of conduit to structure wall when terminating conduit. 3.8. Multi-Duct Sweeps.Conduit deflection should not deviate more than 1 in.horizontally or vertically per foot (1 12)of running length of conduit.Long conduit sweeps should be used wherever possible to change conduit direction in order to reduce the pulling tension required during cable installation. For conduit deflection at obstructions,utilities,or transitions to structures where the 1.12 deflection requirement above or long sweeps are not possible,use complete conduit manufactured minimum 36 in. radius sweeps(11-1/4°,22-1/2°,30°,45°,and 90°angles)complete with bell and spigot.Do not field bend conduit. 3.9. Fiber Optic Cable Route Markers.Furnish tubular delineator markers,minimum 6 ft.in length and a minimum 3 in.OD,and constructed of Type Ill HDPE material.Provide marker assemblies that are orange in color and ultraviolet stabilized to help prevent components from color fading,warping,absorbing water,and deterioration with prolonged exposure to the elements.Refer to the Standard Details for details of the text on the decal that should be affixed to each marker Ensure that all markers furnished on this project are new and consistent in appearance. 4-8 03-16 Statewide Page 402 of 539 6016 Install markers using a method that firmly and securely anchors the marker`a minimum of 1 ft.into the ground to prohibit twisting and easy removal.When located at an ITS ground box,marker may be placed within the concrete riprap apron avoiding rebar reinforcement.Spacing between markers should not exceed 1,000 ft.or as shown on the plans and placed at significant changes in direction such as a 90°turn.Do not place markers in any roadway paved surface. 4. CONSTRUCTION 41 Underground Construction.Place conduit in accordance with the lines,grades,details and dimensions shown on the plans or as directed.Maintain constant slope to prevent water from being trapped in the conduit system. Ream all conduit ends to remove burrs and sharp edges. Install underground conduit system a minimum of 42 in.from ground surface to the top of the conduit unless otherwise directed or to avoid utility conflicts or field conditions.When conditions require trench depths greater than 5 ft.,provide trench protection in accordance with Item 402,"Trench Excavation Protection." Install conduit in accordance with the requirements of the NEC and USDA RUS. Fasten all external conduit placed on structures with conduit straps or hangers as shown on the plans or as directed.Conduit straps,hanger systems,and junction boxes are incidental to this Item. Fit the conduit terminations with bushings or bell ends with duct plugs.Seal inner ducts with duct plugs within 24 hr of conduit placement.This includes but is not limited to intermediate or incomplete sections of conduit system prior to conduit splicing or termination in ground boxes. Document Global Positioning System(GPS)coordinate points,in NAD83,and provide to the Department for shifts or deviations of the ITS multi-duct alignment from the plans required to avoid obstructions or utilities. GPS coordinate points to be recorded at the point of curvature and point of tangent for horizontal of vertical transitions and include installed depth. 41 1 Proofing.Prior to installation of cables or final acceptance,pull a spherical template having a diameter of not less than 75%of the inside diameter of the inner duct through the inner duct to insure that the inner duct is free from obstruction.At the conclusion of proofing,fit ends of all empty inner ducts with duct plugs or caps within 24 hr 4.2. Trench Construction.Provide minimum Schedule 40 PVC conduit when conduit is installed through trenching method unless otherwise shown on the plans or as directed. Provide a 2 in.minimum layer of sand at the bottom of the trench to serve as a bedding material for construction. Provide conduit spacers made of a non-metallic material designed for installation underground and encased in concrete.Spacers should be of the type recommended by the conduit manufacturer and designed with an interlocking device and stackable to relive the conduit of both horizontal and vertical stress.Provide spacers sized appropriately for the conduit with a minimum height of 2 in.spaced at 5 ft.intervals throughout the trench.Set conduit spacers directly on the sand bedding.Spacers must be anchored to prevent floating of conduit system and maintain constant slope. Conduit system will be encased in the following materials based on depth of trench: 4.2.1 Greater than 24 in.For trench depths greater than 24 in.from the ground surface to the top of the ITS multi- duct conduit,encase the conduits in flowable fill to an elevation of 6 in.above the top of conduit in accordance with Item 401,"Flowable Backfill,"or ClassB concrete,maximum aggregate size 5,in accordance with Item 421,"Hydraulic Cement Concrete."Class B concrete at the discretion of the Engineer and will be shown on the plans.Backfill above encasement as defined in Section 4.2.3. 5-8 03-16 Statewide Page 403 of 539 6016 4.2.2. Less than 24 in.When a trench depth less than 24 in.is required,encase the conduits in Class B concrete, maximum aggregate size 5,to an elevation of 6 in.above the top of conduit in accordance with Item 421, "Hydraulic Cement Concrete."Backfill above encasement as defined in Section 4.2.3. 4.2.3. Excavation and Backfill.Trench,excavate,and backfill as shown on the plans and in accordance with Item 400,"Excavation and Backfill for Structures." 4.2.4 Marking Tape.Place a 4 in.wide detectable underground metalized mylar conduit marking tape over the ITS conduit at a minimum depth of lift.below grade when no other electrical marking tape required or 8 in.below electrical marking tape when provisioned under Item 618,"Conduit" Imprint the marking tape'TxDOT Conduit and Fiber Optic Cable System-Call TxDOT Before Proceeding" every 18 in. 4.2.5. Restoration of Trench Areas.Where existing surfacing is removed for placing conduit,repair by backfilling with material equal in composition and density to the surrounding areas and by replacing any removed surfacing,such as asphalt pavement or concrete riprap,with like material to equivalent condition in accordance with Item 400,"Excavation and Backfill for Structures." 4.3. Boring Construction.Jacking and boring when required will be in accordance with Item 476,"Jacking, Boring,or Tunneling Pipe or Box" When boring under pavement shallower than 48 in.from finish grade to top of conduit,provide Schedule 40 steel casing under pavement to encase the conduit system as shown on the plans unless otherwise directed. Provide steel casing of a size to accommodate all conduits in addition to 20%space capacity for pulling conduits through the steel casing.Steel casing will be furnished in accordance with this Item. During boring operation,locate bore head every 10 ft.along the bore path and before traversing underground utilities or structures.Use digital walkover locating system to track bore head during boring operation. Ensure locating system is capable of determining pitch,roll,heading,depth,and horizontal position of the bore head and document this information at the intervals specified above for as-built information. 4 4 Above Ground Construction.Place conduit in accordance with the lines,grades,details and dimensions shown on the plans or as directed.Maintain constant slope to prevent water from being trapped in the conduit system. Provide rigid metal conduit or fiberglass conduit for outer duct when system is mounted externally along a bridge or above ground structure.Provide fiberglass or other non-corrosive outer duct for coastal Districts where conduit is exposed to corrosive environments due to salt in the air Provide rigid metal conduit outer duct that is hot-dipped galvanized in accordance with Item 445, "Galvanizing." Ground rigid metal conduit in accordance with the Department's Electrical Details and in accordance with the NEC Provide fiberglass conduit that is bullet resistant,heavy walled,pure,high grade,reinforced thermosetting resin conduit. Provide conduit,elbows,and fittings that are manufactured from the same resin,hardener,or glass systems manufactured by the same filament wound system. 4.5. Testing.Perform tests in accordance with industry testing requirements identified in Article 2,"Materials." 4.5.1 General.Furnish certified documentation from an independent testing laboratory documenting compliance with all ASTM,NEMA,NEC,UL,and Telcordia Technologies standards as referenced in this Item. 6-8 03-16 Statewide Page 404 of 539 6016 Provide test procedures and blank test forms and conduct performance tests for all materials and equipment not previously tested and approved.If technical deal is not considered adequate for approval,samples may be requested for test.The Contract period will not be extended for time lost or delays caused by testing prior to final approval of any items. Compare the results of each test with the requirements of this Item.Failure to conform to the requirements of any test must be identified as a defect and the materials will be subject to rejection by the Engineer Offer rejected materials again for retest provided all non-compliances have been corrected and retested by the Contractor with evidence submitted to the Engineer 4.5.2. Examination of Product.Examine each conduit system component prior to installation carefully to verify that the materials,design,construction,markings,and workmanship comply with the requirements of this Item. 4.5.3. References.The ITS multi-duct conduit system supplier must submit 3 references,preferably State Departments of Transportation,where this supplier's conduit system has functioned successfully for a period of no less than 1 yr Include current name and address of organization,and the current name and telephone number of an individual from the organization who can be contacted to verify system installation.Provide this information with documentation submittal.Failure to furnish the above references will be sufficient reason for rejection of the supplier's equipment. 4.6. Documentation Requirements.Submit documentation of the conduit system consisting of the following for Engineer approval 30 days prior to installation: • manufacturer specifications or cut sheets for all components of the conduit duct system, • laboratory certified material test reports documenting conformance with pertinent standards identified under Article 2,"Materials", • GPS coodinates, • pre-installation test procedures, • post-installation test procedures,and • as-built of installed conduit system. 5. MEASUREMENT ITS multi-duct conduit will be measured by the linear foot of the multi-duct conduit system. Fiber optic cable road marker will be measured by each maker furnished and installed. 6. PAYMENT The work performed and materials furnished in accordance with this Item and measured as provided for under"Measurement"will be paid for at the unit price bid for"ITS Multi-Duct Conduit"of the types and construction method specified.This price is full compensation for furnishing and installing conduit;for jacking, boring,steel encasement,excavating,furnishing,and placing backfill;concrete encasement;replacing pavement structure,sod,riprap,curbs,or other surface;testing of the conduit system;for furnishing and installing all fittings,clamps,sweeps,bends,repair couplings,adapters,ground box or manhole termination kits,pre-assembled split repair kits,lubrication access,fittings,hangers,brackets,junction boxes,expansion joints,concrete,and detectable underground metalized mylar conduit marking tape;pull cords,and for all labor,tools,equipment and incidentals necessary to complete the work. 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"Fiber Optic Cable Road Marker"This price is full compensation for furnishing and installing all cable markers;and for materials,equipment,labor,tools, documentation,warranty,training and incidentals. Copper grounding conductor will be paid under Item 620,"Electrical Conductors." 7-8 03-16 Statewide Pmnc zinc of RIO 6016 This Item applies only to ITS multi-duct conduit.Any other conduit for communication or electrical use will be in accordance with and paid forunder Item 618,"Conduit." 8-8 03-16 Statewide Page 406 of 539 6185 Special Specification 6185 Truck Mounted Attenuator (TMA) and Trailer Airotr.eme.mgag Attenuator (TA) 1 DESCRIPTION Furnish,operate,maintain and remove upon completion of work,Truck Mounted Attenuator(TMA)or Trailer Attenuator(TA). 2. MATERIALS Furnish,operate and maintain new or used TMAs or TAs. Assure used attenuators are in good working condition and are approved for use. A list of approved TMA/TA units can be found in the Department's Compliant Work Zone Traffic Control Devices List. The host vehicle for the TMA and TA must weigh a minimum of 19,000 lbs.Host vehicles may be ballasted to achieve the required weight.Any weight added to the host vehicle must be properly attached or contained within it so that it does not present a hazard and that proper energy dissipation occurs if the attenuator is impacted from behind by a large truck.The weight of a TA will not be considered in the weight of the host vehicle but the weight of a TMA may be included in the weight of the host vehicle. Upon request,provide either a manufacturer's curb weight or a certified scales weight ticket to the Engineer 3. CONSTRUCTION Place or relocate TMA/TAs as shown on the plans or as directed.The plans will show the number of TMA/TAs needed,for how many days or hours,and for which construction phases. Maintain the TMA/TAs in good working condition.Replace damaged TMA/TAs as soon as possible. 4 MEASUREMENT 41 Truck Mounted Attenuator/Trailer Attenuator(Stationary).This Item will be measured by the each or by the day TMA/TAs must be set up in a work area and operational before a calendar day can be considered measurable.When measurement by the day is specified,a day will be measured for each TMNTA set up and operational on the worksite. 4.2. Truck Mounted Attenuator/Trailer Attenuator(Mobile Operation).This Item will be measured by the hour The time begins once the TMA/TA is ready for operation at the predetermined site and stops when notified by the Engineer A minimum of 4 hr will be paid each day for each operating TMA/TA used in.a mobile operation. 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"Truck Mounted Attenuators/Trailer Attenuators (Stationary),"or'Truck.Mounted Attenuators/Trailer Attenuators(Mobile Operation)."This price is full compensation for furnishing TMA/TA.set up;relocating;removing;operating;fuel;and equipment,,materials, tools,labor,and incidentals. 1 11-17 Statewide Page 407 of 539 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Section 01500 TEMPORARY FACILITIES AND CONTROLS 1.0 GENERAL 1.01, SECTION INCLUDES A Temporary facilities and the necessary controls for the Work including utilities, telephone, sanitary facilities, field office, storage sheds and buildmg, safety requirements,first aid equipment,fire protection,security measures,protection of the Work and property, access roads and parkmg, environmental controls, disposal of trash,debns,and excavated material,pest and rodent control,water runoff and erosion control. B References to Technical Specifications. Section 00200—Instructions to Bidders Section 01100—Summary of Work Section 01350—Submittals Section 01566—Source Controls for Erosion& Sedimentation Section 01100—Summary of Work Section 01600—Material &Equipment Section 01570—Trench Safety System Section 01555—Traffic Control&Regulation Section 01720—Field Surveying Section 01563 —Tree&Plant Protection Section 01564—Control of Ground Water& Surface Water Section 13730- Computer Equipment C Referenced Standards. Occupational Safety and Health Administration(OSHA) National Fire Protection Association(NFPA) Code of Ordmances, City of Pearland, Texas D Definitions Underground Structures - sewer, water, gas, and other piping, and manholes, chambers, electrical and signal conduits, tunnels, and other existing subsurface installations located within or adjacent to the limits of the Work. Surface Structures - existing buildings, structures and other constructed installations above the ground surface. Included with such structures are their foundations or any extension below the surface. Surface structures include, but are not limited to buildings,tanks,walls,bridges,roads, dams, channels,open drainage,piping,poles, 12-2-2011 01500- 1 of 10 Page 408 of 539 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS wires,posts, signs, markers, curbs, walks, guard cables, fencing, and other facilities that are visible above the ground surface. 1.02 MEASUREMENT AND PAYMENT A Unless mdicated as a'Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350— Submittals. 1.04 CONTRACTOR'S RESPONSIBILITY A The facilities and controls specified in this Section are considered minimum for the Work. The Contractor may provide additional facilities and controls for the proper execution of the Work and to meet Contractor's responsibilities for protection of persons and property' B Comply with applicable requirements specified in other Technical Specifications. Maintain and operate,temporary facilities and systems to assure continuous service. Modify and extend systems as Work progress requires. Completely remove temporary materials and equipment when their use is no longer required. Restore existmg facilities used for temporary services to specified or to original condition. 1.05 TEMPORARY UTILITIES A Temporary Service Make arrangements with utility service companies for such temporary services as are necessary to construct the work and manage the site Abide by rules and regulations of the utility service companies or authorities having junsdiction. Be responsible for utility service costs until the Work is Substantially Complete. Included are fuel,power,light,heat,and other utility services necessary for execution, completion,testing, and mitial operation of the Work. B Water Provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices, or for other use as required for proper completion of the Work. For water to be drawn from public water supply,obtain special permit or license and meter from the proper City officials. For facilities under construction, establish a 12-2-2011 01500-2of10 Page 409 of 539 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS water/sewer billmg account with City's Utility Billing Department.A deposit based on rates established by latest ordinance will be required. For water drawn from fire hydrants,apply for and receive a construction water meter from City'Public Works Department. Identify specific location for construction water meter installation. Once installed,water meter may not be moved without notification of Public Works Department. Install backflow preventer on fire hydrant supply if not included in City provided meter. Provide and maintain an adequate supply of potable water for domestic consumption by Contractor personnel. C Electricity and Lighting 1 Provide temporary electric power service in Contractor's name, as required for the prosecution of the Work, including testmg of Work. Provide power for lightmg, operation of the Contractor's equipment, or for any other use by Contractor or as necessary to maintain any of Owner's on-going operations as may contmue on the site during any scheduled shutdown. Minimum lighting level shall be 5 foot-candles for open areas; 10 foot-candles for stairs and shops. 2 Provide permanent electric power service,m the Contractor's name,to the work or site as and when required by the schedule of the work to achieve Substantial Completion or Partial Substantial Completion. Contractor to establish service billmg m its name and transfer service and billing to the Owner upon acceptance of the work as Substantially Complete and suitable for beneficial-occupancy by the Owner D Natural Gas Provide and pay for natural gas service to the work as and when required by the schedule to achieve Substantial Completion. Contractor to establish service billing in its name and transfer service and billing to the Owner upon acceptance of the work as Substantially Complete and suitable for beneficial occupancy by the Owner E Temporary Heat and Ventilation Provide temporary heat as necessary for protection or completion of the Work. Provide temporary heat and ventilation to assure safe working conditions; mamtain enclosed areas at a minimum of 50 degrees F F Telephone Provide emergency telephone service at the Project Site for use by Contractor personnel and others performing work or furnishing services. G Sanitary Facilities Provide and maintain sanitary facilities for persons on the Project Site,in compliance with federal, state, and local regulations. Locate toilets on the Project Site near the work and secluded from view insofar as possible. Keep toilets clean and supplied throughout the course of the Work. 12-2-2011 01500-3 of 10 Pmnn Ain of c.AQ CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Enforce the use of sanitary facilities by construction personnel at the Project Site. Such facilities shall be enclosed. Pit-type toilets will not be permitted. No discharge will be allowed from these facilities. Collect and store sewage and waste so as not to cause a nuisance or health problem, have sewage and waste hauled off-site and properly disposed in accordance with local regulations. Control areas where sanitary facilities are located in conformance with Section 01566 —Source Controls for Erosion& Sedimentation. 1.06 FIELD OFFICE A Provision of a Field Office and other specific temporary facilities as required in paragraph B below UNLESS otherwise stated in Section 00800 - Special Conditions of the Agreement,or Section 01100—Summary of Work. Provide for transportation,move-in,set-up,tie-down and,when project is complete,removal and move-out. The Contractor shall confirm location of office and other temporary facilities with Owner's Representative at Pre-Construction Meeting pnor to delivery and set up Location of temporary facilities shall be approved by the Owner's Representative by way of the submittal process. B At a minimum, the Contractor's field office shall provide for, contain or serve to provide a secured space for project administrative operations, periodic progress meetings,on-site storage for project files and plans,office space for CONTRACTOR's field supervisory personnel and provide a separate securable office space for OWNER's Representative mcluding: meeting table and chairs, a single two drawer filmg cabinet,a built-m drawing table and plan holders. Provide electric lighting and HVAC to the mobile office. 1 Field Office shall provide for, at a minimum, a high speed Internet connection for use by Owner's Representative or Construction Manager as controlled by Paragraph A above 1.07 STORAGE OF MATERIALS A Provide for storage of materials under the provisions of Section 01600—Material.& Equipment. 1.08 SAFETY REQUIREMENTS A Contractor shall prepare, submit and follow a Safety Program that complies with federal, state, and local safety codes, statutes, and practices. Include in the Safety Program documented response to excavation, embankment, and trench safety requirements as specified in Section 01570—Trench Safety System. B Conduct operations in strict accord with applicable federal,state and local safety codes and statutes and with good construction practice. The Contractor is fully responsible and obligated to establish and maintain procedures for safety of all work, personnel and equipment involved in the Work. C Observe and comply with Texas Occupational Safety Act(Art. 5182a, V C.S ) and with all safety and health standards promulgated by Secretary of Labor under Section 12-2-2011 01500-4of10 Page 411 of 539 CITY OF PEARLAND TEMPORARY FACILITIES.AND CONTROLS 107 of Contract Work Hours and Standards Act,published in OSHA Standards- 29 CFR, Part 1926, and adopted by Secretary of Labor under the Wilhams-Steiger , Occupational Safety and Health Act of 1970, and to any other legislation enacted for safety and health of Contractor employees. Such safety and health standards apply to subcontractors and tlieir employees as well as to the Contractor and its employees. D Observance of and compliance with the regulations shall be solely and without qualification the responsibility of the Contractor without reliance or superintendence of or direction by the,Engineer or the Engineer's representative. Immediately advise the Engineer of investigation or inspection by Federal Safety and Health inspectors of the Contractor or subcontractor's work or place of work on the Project Site under this Contract,and after such mvestigation or inspection,advise the Engineer of the results. Submit one copy of accident reports to Engineer within ten(10)days of occurrence. E Protect areas occupied by workmen using the best available devices for detection of lethal and combustible gases Test such devices frequently to assure their functional capability Constantly observe infiltration of liquids into the Work area for visual or odor evidence of contamination. Take immediate and appropriate steps to seal off entry of contaminated liquids to the Work area. F Safety measures, including but not limited to safety personnel, first-aid equipment, ventilating equipment and safety equipment,in the Plans and Technical Specifications are obligations of the Contractor G Maintain required coordination with the local Police and Fire Departments during the entire period covered;by the Contract. 1.09 FIRST AID EQUIPMENT A Provide a first aid kit throughout the construction period. List telephone numbers for physicians,hospitals,end ambulance services in each first aid kit. B Have at least one person thoroughly trained in first aid procedures present on the Project Site whenever work is m progress. 1.10 FIRE PROTECTION A Fire Protection Standards. Conform to specified fire protection and prevention requirements as well as those that may be established by Federal, State, or local governmental agencies. B Comply with all applicable provisions of NFPA Standard No 241, Safeguarding Building Construction and Demolition Operations. Provide portable fire extinguishers,rated not less than 2A or 5B in accordance with NFPA Standard No 10,Portable Fire Extinguishers,for each temporary building,and for every 3000 square feet of floor area of facilities under construction. Locate portable fire extinguishers within 50 feet maximum from any point on the Project Site. 12-2-2011 01500-5 of 10 Page 412 of 539 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS C Fire Prevention and Safety Measures. Prohibit smoking m hazardous areas. Post suitable warning signs in areas that are continuously or intermittently hazardous. Use metal safety containers for storage and handling of flammable and combustible liquids. Do not store flammable or combustible liquids m or near stairways or exits. Mamtam clear exits from all points within a structure. 1.11 SECURITY MEASURES A Protect all matenals, equipment, and property associated with the Work from loss, theft,damage,and vandalism. Contractor's duty to protect property mcludes Owner's property B If existing fencing or barriers are breached or removed for purposes of construction, provide and maintain temporary security fencmg equal to existing as approved by Owner's Representative. 1.12 PROTECTION OF PUBLIC UTILITIES A Prevent damage to existmg public utilities durmg construction. These utilities are shown on the Plans at their approximate locations. Give owners of these utilities at least 48 hours notice before commencing Work in the area, for locatmg the utilities during construction, and for making adjustments or relocation of the utilities when they conflict with the proposed Work. 1.13 PROTECTION OF PEOPLE AND PROPERTY A Preventive Actions. Take precautions,provide programs, and take actions necessary to protect the Work and public and private property from damage. Take action to prevent damage, injury or loss, including, but not limited to, the following: a_ Store apparatus,materials,supplies,and equipment in an orderly,safe manner that will not unduly interfere with progress of the Work or the Work of any other contractor, any utility service company, or the Owner's operations. b Provide suitable storage for matenals that are subject to damage by exposure to weather,theft,breakage, or otherwise. c. Place upon the Work or any part thereof only such loads as are consistent with the safety of that portion of the Work. d. Frequently clean up refuse,rubbish,scrap materials,and debris caused by construction operations,keeping the Work safe and orderly e. Provide safe barricades and guard rails around openings, for scaffoldmg, for temporary stairs and ramps, around excavations, elevated walkways, and other hazardous areas. 12-2-2011 01500-6 of 10 Paae 413 of 539 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Obtain written consent from proper parties before entenng or occupying with workers, tools,materials or equipment,privately owned land except on easements provided for construction. Assume full responsibility for the preservation of public and private property on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission,neglect, or misconduct in execution of the Work by the Contractor, it shall be restored by the Contractor to a condition equal to or better than that existmg before the damage was done. B Barricades and Warning Signals. Where Work is performed on or adjacent to any roadway, right-of-way, or public place, furnish and erect barricades, fences, lights,warning signs,and danger signals; provide watchmen,and take other precautionary measures for the protection of persons or property and protection of the Work.Conform to Section 01555—Traffic Control& Regulation. C Preserving Control Points Maintain permanent benchmarks,public or private elevation or property demarcation and control monumentation, or other reference points. Unless otherwise directed in writing,replace at no cost to the Owner,those monuments,property corners or other permanent demarcations that are damaged or destroyed m accordance with Section 01720—Field Surveying. D Tree and Plant Protection. Protect trees, shrubs,lawns,outside of grading limits and within the gradmg limits as designated on the Plans,and in accordance with requirements of Section 01563—Tree &Plant Protection. E Protection of Underground and Surface Structures Known underground structures, including water, sewer, electric, and telephone services are shown on the Plans in accordance with the best information available,but is not guaranteed to be correct or complete. Contractor is responsible for making Locate Calls. Explore ahead of trenching and excavation work and uncover obstructmg underground structures sufficiently to determine their location,to prevent damage to them and to prevent interruption of utility services. Restore to original condition damages to underground structure at no additional cost to the Owner Immediately notify the agency or company owning any existing utility which is damaged,broken,or disturbed. Obtain approval from the Engineer and agency for any repairs or relocations, either temporary or permanent. Necessary changes in location of the Work may be made by the Engineer to avoid unanticipated underground structures. If permanent relocation of an underground structure or other subsurface installations is required and not otherwise provided for in the Contract Documents,the Engineer will direct Contractor in writing to perform the Work, which shall be paid for under the 12-2-2011 01500-7of10 Paae 414 of 539 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS provisions for changes in the Contract Pnce as described in Section 00700—General Conditions of Agreement. Support in place and protect from direct or indirect injury to underground and surface structures located within or adjacent to the limits of the Work. Install such supports carefully and as required by the party owning or controlling such structure_ Before installing structure supports,Contractor shall satisfy the Engineer that the methods and procedures to be used have been approved by the owner of the structure. Avoid moving or m any way changing the property ofpublic utilities or private service corporations without prior wntten consent of a responsible official of that service or public utility Representatives of these utilities reserve the right to enter within the limits of this project for the purpose of maintaining their properties,or of making such changes or repairs to their property that may be considered necessary by performance of this Contract. Notify the owners and/or operators of utilities and pipelines of the nature of construction operations to be performed and the date or dates on which those operations will be performed. When construction operations are required in the immediate vicinity of existing structures,pipelines,or utilities,give a minimum of five (5)working days advance notice. Probe and flag the location of underground utilities prior to commencement of excavation. Keep flags in place until construction operations reach and uncover the utility Assume risks attending the presence or proximity of underground and surface structures within or adjacent to the limits to the Work including but not limited to damage and expense for direct or indirect injury caused by the Work to any structure. Immediately repair damage caused, to the satisfaction of the owner of the damaged structure. 1.14 PROTECTION OF THE WORK Provide protection of mstalled products to prevent damage from subsequent operations. Remove protection facilities when no longer needed,prior to completion of the Work. Control traffic to prevent damage to equipment,materials, and surfaces. 1.15 ROADS AND PARKING A Prevent interference with traffic and Owner operations on existing roads. B Minimize use of existing streets and driveways by construction traffic C Control traffic to prevent damage to equipment,materials, and surfaces. D Construct and maintain temporary detours, ramps, and roads to provide for normal public traffic flow when use of public roads or streets is closed by necessities of the Work. E Provide mats or other means to prevent overloading or damage to existing roadways from tracked equipment or exceptionally large or heavy trucks or equipment 12-2-2011 01500-8of10 Paae 415 of 539 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS F Designate temporary parking areas to accommodate construction personnel. When site space is not adequate, provide additional off-site parking. Locate as approved by Engineer G Do not allow heavy vehicles or construction equipment unnecessarily in existing parking areas. 1.16 ENVIRONMENTAL CONTROLS A Provide and mamtain methods, equipment, and temporary construction as necessary for controls over environmental conditions at the construction site and adjacent areas. B Comply with statutes,regulations,and ordinances which relate to the proposed Work for the prevention of environmental pollution and preservation of natural resources, including but not limited to the National Environmental Policy Act of 1969, PL 91- 190, Executive Orderl 11514 C Provide, install and maintain storm water runoff control mcludmg but not limited to temporary entrance, silt fencmg, etc. as specified in Contract Documents. D Recognize and adhere to the environmental requirements of the Project. Disturbed areas shall be strictly limited to boundanes established by the Contract Documents. Burning of rubbish, debns or waste materials is not penmtted. 1.17 POLLUTION CONTROL A Provide methods,means,and facilities required to prevent contammation of soil,water or atmosphere by discharge of noxious substances from construction operations. B Provide equipment and personnel to perform emergency measures required to contain any spillage, and to remove contaminated soils or liquids. Excavate and dispose of any contaminated earth off-site, and replace with suitable compacted fill and topsoil. C Take special measures to prevent harmful substances from entermg receiving streams or storm water conveyance systems m conformance with TPDES requirements and Section 01566—Source Controls for Erosion& Sedimentation. D Provide systems for control of atmospheric pollutants. Prevent toxic concentrations of chemicals. Prevent harmful dispersal of pollutants into the atmosphere. E Use equipment during construction that conforms to current federal, state, and local laws and regulations 1.18 PEST AND RODENT CONTROL A Provide rodent and pest control as necessary to prevent infestation of Project Site. B Employ methods and use matenals which will not adversely affect conditions at the Project Site or adjoining properties. 12-2-2011 01500-9 of 10 Page 416 of 539 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 1.19 NOISE CONTROL A Provide vehicles, equipment, and construction activities that minmuze noise to the greatest degree practicable. Noise levels shall conform to OSHA Standards- 29 CFR and in no case will noise levels be permitted which create a nuisance in the surrounding neighborhoods. B Conduct construction operations during daylight hours from 7.30 a.m. to 6.00 p.m. except as approved by Engineer C Comply with Chapter 19 NOISE, Codes of Ordinances, City of Pearland, Texas. 1.20 DUST CONTROL A Control objectionable dust caused by operation of vehicles and equipment under the provisions of Section 01566—Source Controls for Erosion& Sedimentation. 1.21 WATER RUNOFF AND EROSION CONTROL A Provide methods to control surface water,runoff,subsurface water,and water pumped from excavations and structures to prevent damage to the Work, the Project Site, or adjoining properties in accordance with Section 01564—Control of Ground Water& Surface Water and Section 01566—Source Controls for Erosion& Sedimentation. B Inspect earthwork penodically to detect any evidence of the start of erosion. Apply corrective measures as required to control erosion. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - Not Used END OF SECTION 12-2-2011 01500- 10 of 10 Page 417 of 539 CITY OF PEARLAND TPDES REQUIREMENTS Section 01565 TPDES REQUIREMENTS 1.0 GENERAL A As used herein and in conjunction with TPDES General Permit No TXR150000, the term OPERATOR refers to the CONTRACTOR. 1.02 SECTION INCLUDES A Description of the required documentation to be prepared,signed and submitted by the Contractor before conductmg construction operations, in accordance with the terms and conditions of the Texas Pollutant Discharge Elimination System(TPDES)General Permit as issued March 5, 2003, re-issued March 5, 2013, re-issued March 5, 2018, and re-issued February 27, 2023 by the Texas Commission on Environmental Quality under the provisions of Section 402 of the Clean Water Act and Section 26 040 of the Texas Water Code. B Contractor's responsibility for implementation,maintenance,and inspection of storm water pollution prevention control measures including,but not lmuted to,erosion and sediment controls,storm water management plans,waste collection and disposal,off- site vehicle tracking,and other practices shown on the Plans or specified elsewhere in this or other Technical Specifications.This Specification provides guidelines and Best Management Practices (BMP's) information for the Contractor to use in adhering to all local, state and federal environmental regulations with respect to storm water pollution prevention during construction activity 1 C References to Technical Specifications '1 Section 01350 -Submittals 2 Section 01310 - Coordination&Meetings 3 Section 01770 - ContractCloseout D Referenced Standards: 1 Texas Commission on Environmental Quality(TCEQ) E Other References. 1 Storm Water Pollution Prevention Plan(SWPPP) found in Appendix A of these Techmcal Specifications. 1.03 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.04 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 - Submittals. 12/2023 01565- 1 of 4 Page 418 of 539 CITY OF PEARLAND TPDES REQUIREMENTS 2.0 PRODUCTS -NotUsed 3.0 EXECUTION 3.01 REQUIRED NOTICES A The Contractor shall submit a signed Notice of Intent (NOI) and fee electronically through the ePermitting system in STEERS It is contractor's responsibility to pay for any fees associated with the permit. Submission of the NOI is required by both the Owner and the Contractor before construction operations start. B Upon completion of construction and acceptance of the Work by the Owner, the Contractor shall complete the Contractor's Notice of Termination (NOT) electromcally through the ePermittmg system in STEERS 3.02 CERTIFICATION REQUIREMENTS A On the Operator's Information form attached in Appendix A, the Contractor shall complete name, address, and telephone number for the Contractor; the names of persons or firms responsible for maintenance and inspection of erosion and sediment control measures and all Subcontractors. B The Contractor and Subcontractors named in the Contractor's Information form shall read, sign, and date the Contractor's/Subcontractor's Certification form, attached in Appendix A. C The persons or firms responsible for maintenance and inspection of erosion and sediment control measures shall read, sign, and date the Contractor's Inspection and Maintenance Certification form, attached in Appendix A. D The Contractor's Information form and all certification forms shall be submitted to the Owner before beginning construction. E Contractor shall review implementation of the SWPPP in a meeting with the Owner and Engineer prior to start of construction in accordance with Section 01310 - Coordination& Meetings. 3.03 RETENTION OF RECORDS A The Contractor shall keep a copy of the SWPPP at the Project Site or at the Contractor's office from the date that it became effective to the date the Work is accepted by the Owner. B At Contract Closeout,the Contractor shall submit to the Owner all TPDES forms and certifications, as well as a copy of the SWPPP, in accordance with Section 01770 - Contract Closeout. The SWPPP records and data will be retained by Owner for a period of 3 years from the date the Work is accepted by the Owner 12/2023 01565-2 of 4 Page 419 of 539 CITY OF PEARLAND TPDES REQUIREMENTS 3.04 POSTING OF NOTICES A The following notices shall be posted from the date that this SWPPP goes into effect until the date the Work is accepted by the Owner 1 Copies of the Notices of Intent submitted by the Owner and Contractor and a brief Description of Construction Activity being conducted at the Project Site, as given m Article 1 of the SWPPP, shall be posted at the Project Site or at Contractor's office in a prominent place for public viewing. 2 Notice to drivers of equipment and vehicles, instructing them to stop, check, and clean tires of debris and mud before drivmg onto traffic lanes. Post such notices at every stabilized construction exit area. 3 In an easily visible location on Project Site,post a notice of waste disposal procedures. 4 Notice of hazardous material handling and emergency procedures shall be posted with the NOI on Project Site. Keep copies of Matenal Safety Data Sheets at a.location on Project Site that is known to all personnel. 5 Keep a copy of each signed certification at the Project Site or at Contractor's office. APPENDIX A FOLLOWS THIS SECTION END OF SECTION 12/2023 01565-3 of 4 Page 420 of 539 CITY OF PEARLAND TPDES REQUIREMENTS Section 01565 TPDES REQUIREMENTS (APPENDIX A) Table of Contents TCEQ General Permit Site Notice Forms 12/2023 01565-4 of 4 Page 421 of 539 Texas Commission on Environmental Quality P 0 Box 13087,Austin,Texas 78711-3087 ,�gTE_OF =ivg GENERAL PERMIT TO DISCHARGE UNDER THE TEXAS POLLUTANT DISCHARGE.ELIMINATION SYSTEM under provisions of Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code This permit supersedes and replaces TPDES General Permit No.TXR150000, effective March 5,2018,and amended January 28,2022 Construction sites that discharge stornwater associated with construction activity located in the state of Texas may discharge to surface water in the state only according to monitoring requirements and other conditions set forth in this general permit,as well as the rules of the Texas Commission on Environmental Quality(TCEQ or Commission),the laws of the State of Texas,and other orders of the Commission of the TCEQ The issuance of this general permit does not grant to the permittee the right to use private or public property for conveyance of stormwater and certain non-stormwater discharges along the discharge route. This includes property belonging to but not limited to any individual,partnership, corporation or other entity Neither does this general permit authorize any invasion of personal rights nor any violation of federal,state,or local laws or regulations.It is the responsibility of the permittee to acquire property rights as may be necessary to use the discharge route. j I This general permit and the authorization contained herein shall expire at midnight,on March 5, 2028. EFFECTIVE DATE. March 5, 2023 ISSUED DATE. F4wv-•+ day 27, 2 0 Z 3 For the CI mission r � Panes AT,of c1Q Construction General Permit TPDES General Permit No.TXR1500o0 TPDES GENERAL PERMIT NUMBER TXR150000 RELATING TO STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITIES Table of Contents Part I. Flow Chart and Definitions ... ... 5 Section A. Flow Chart to Determine Whether Coverage is Required 5 Section B. Definitions ... ... 6 Part II. Permit Applicability and Coverage ... .... 12 Section A. Discharges Eligible for Authorization 12 1. Stormwater Associated with Construction Activity ... ... 12 2. Discharges of Stormwater Associated with Construction Support Activities 12 3. Non-Stormwater Discharges ... .... 12 4. Other Permitted Discharges.. ... ... ... .... ... 13 Section B. Concrete Truck Wash Out.... ... ....... .... .:. ... ... ... 13 Section C. Limitations on Permit Coverage ... ... ... 13 1. Post Construction Discharges... ... ... 13 2. Prohibition of Non-Stormwater Discharges ... 13 3. ( Compliance with Water Quality Standards 14 4. Impaired Receiving Waters and Total Maximum Daily Load(TMDL) Requirements ... 14 5. Discharges to the Edwards Aquifer Recharge or Contributing Zone 14 6. Discharges to Specific Watersheds and Water Quality Areas 15 7 Protection of Streams and Watersheds by Other Governmental Entities 15 8. Indian Country Lands 15 9. Exempt Oil and Gas Activities .... 15 10. Stormwater Discharges from Agricultural Activities. 16 11. Endangered Species Act. ... ... ... ... ... 16 12. Storage of High-Level Radioactive Waste ... .... 16 13. Other 17 Section D Deadlines for Obtaining Authorization to Discharge .. 17 1. Large Construction Activities 17 2. Small Construction Activities ... 17 Section E. Obtaining Authorization to Discharge ... 17 1. Automatic Authorization for Small Construction Activities with Low Potential for Erosion .... .... ... ... .... 17 2. Automatic Authorization for Small Construction Activities 18 Page 2 Construction General Permit TPDES General Permit No.TXR150000 3. Authorization for Large Construction Activities :. .... ... 19 4. Waivers for Small Construction Activities: ... ... 21 5. Effective Date of Coverage ... ... 21 6. Contents of the NOI 22 7 Notice of Change(NOC) ... ... ... .... ... .... 22 8. Signatory Requirement for NOI Forms,NOT Forms,NOC Forms,and Construction Site Notices ... ... 23 Section F Terminating Coverage ... ... ...... ... 24 1. Notice of Termination(NOT) Required 24 2. Minimum Contents of the NOT ... 24 3. Termination of Coverage for Small Construction Sites and for Secondary Operators at Large Construction Sites ... ... ... ... ... ... 25 4. Transfer of Day-to-Day Operational Control. ... ... ... 25 Section G Waivers from Coverage ... ... ... ... 26 i. Waiver Applicability and Coverage. ... ... 26 2. Steps to Obtaining a Waiver' ... ... ... 27 3. Effective Date of an LREW 27 4. Activities Extending Beyond the LREW Period. ... .28 Section H. Alternative TPDES Permit Coverage. .28 1. Individual Permit Alternative ... .28 2. General Permit Alternative .28 3. Individual Permit Required 28 Section I. Permit Expiration. ....... .... 29 Part III. Stormwater Pollution Prevention Plans(SWP3) ... ... 29 Section A. Shared SWP3 Development 30 Section B. Responsibilities of Operators 3o 1. Secondary Operators and Primary Operators with Control Over Construction Plans and Specifications .30 2. Primary Operators with Day-to-Day Operational Control 31 Section C. Deadlines for SWP3 Preparation, Implementation,and Compliance 31 Section D Plan Review and Making Plans Available ... ... ... ....... 31 Section E. Revisions and Updates to SWP3s ... .... ....... ... 32 Section F Contents of SWP3 •-• ••• ••• ••• 32 Part IV Erosion and Sediment Control Requirements Applicable to All Sites 43 Section A. Erosion and Sediment Controls .•. •••43 Section B. Soil Stabilization .... ...... ... ... •44 Section C. Dewatering ••44 Page 3 Construction General Permit TPDES General Permit No.TXR15000o Section D Pollution Prevention Measures ... .44 Section E. Prohibited Discharges ... 45 Section F Surface Outlets ... 45 Part V Stormwater Runoff from Concrete Batch Plants 45 Section A. Benchmark Sampling Requirements .46 Section B. Best Management Practices(BMPs)and SWP3 Requirements 47 Section C. Prohibition of Wastewater Discharges. ... .5o Part VI. Concrete Truck Wash Out Requirements .5o Part VII.Retention of Records .5o Part VIII.Standard Permit Conditions ... 51 Part IX. Fees. ... ... 52 Appendix A.Automatic Authorization 53 Appendix B• Storm Erosivity(EI)Zories in Texas 55 Appendix C:Isoerodent Map 56 Appendix D.Erosivity Indices for EI Zones in Texas 57 Page 4 Construction General Permit TPDES General Permit No.TXRi5000d Part I,Section A Part I. Flow Chart and Definitions Section A. Flow Chart to Determine Whether Coverage is Required When calculating the acreage of land area disturbed, include the disturbed land-area of all construction and construction support activities. How much land will be disturbed?(*1) ¢1 acre 1 of more acres (9) (9) T NO Do you meet the irs Will 5 or more • definition of to acres be disturbed? "operator?"(*2) (*1) NO YES Permit Coverage Required • Prepare and Implement SWP3 • Post Site Notice • Submit Copy of Site Notice to MS4 Operator I A Are you a"primary NO operator?"(*2) T ?ES Permit Coverage Not Required,Unless Part Permit Coverage Required of a Larger Common • Prepare and Implement SWP3 Plan of Development • Submit NOI to TCEQ or Sale • Post Site Notice i • Submit Copy of NOI to MS4 Operator (*I) To determine the size of the construction project,use the size of the entire area to be disturbed,and include the size of the larger common plan of development or sale,if the project is part of a larger project(refer to Part LB., "Definitions,"for an explanation of"common plan of development or sale'). (*2) Refer to the definitions for"operator,"`primary operator,"and"secondary operator"in Part I., Section B.of this permit. Page 5 Construction General Permit TPDES General Permit No.TXRi50000 Part I,Section B Section B. Definitions Arid Areas—Areas with an average annual rainfall of zero(o)to ten(io)inches. Best Management Practices(BMPs)—Schedules of activities,prohibitions of practices, maintenance procedures,structural controls,local ordinances, and other management practices to prevent or reduce the discharge of pollutants. BMPs also include treatment requirements,operating procedures, and practices to control construction site runoff,spills or leaks,waste disposal,or drainage from raw material storage areas. Commencement of Construction—The initial disturbance of soils associated with clearing,grading,or excavation activities, as well as other construction-related activities (e.g.,demolition;grubbing;stockpiling of fill material,.placement of raw materials at the site) Common Plan of Development—A construction activity that is completed in separate stages,separate phases,or in combination with other construction activities.A common plan of development(also known as a"common plan of development or sale")is identified by the documentation for the construction project that identifies the scope of the project,and may include plats,blueprints,marketing plans, contracts,building permits, a public notice or hearing,zoning requests,or other similar documentation and activities.A common plan of development does not necessarily include all construction projects within the jurisdiction of a public entity(e.g.,a city or university). Construction of roads or buildings in different parts of the jurisdiction would be considered separate"common plans,"with only the interconnected parts of a project being considered part of a"common plan"(e.g., a building and its associated parking lot and driveways, airport runway and associated taxiways,a building complex, etc.).Where discrete construction projects occur within a larger common plan of development or sale but are located one quarter(1)mile or more apart,and the area between the projects is not being disturbed,each individual project can be treated as a separate plan of development or sale,provided that any interconnecting road,pipeline or utility project that is part of the same"common plan"is not included in the area to be disturbed. Construction Activity—Includes soil disturbance activities,including clearing,grading, excavating,construction-related activity(e.g.,stockpiling of fill material, demolition), and construction support activity This does not include routine maintenance that is performed to maintain the original line and grade,hydraulic capacity, or original purpose of the site (e.g.,the routine grading of existing dirt roads, asphalt overlays of existing roads,the routine clearing of existing rights-of-way, and similar maintenance activities). Regulated construction activity is defined in terms of small and large construction activity Construction Support Activity—A construction-related activity that specifically supports construction activity,which can involve earth disturbance or pollutant-generating activities of its own,and can include,but are not limited to, activities associated with concrete or asphalt batch plants,rock crushers,equipment staging or storage areas,chemical storage areas,material storage areas,material borrow areas, and excavated material disposal areas. Construction support activity must only directly support the construction activity authorized under this general permit. Dewatering—The act of draining accumulated stormwater or groundwater from building foundations,vaults,trenches, and other similar points of accumulation. Discharge—For the purposes of this permit,the drainage,release,or disposal of pollutants in stormwater and certain non-stormwater from areas where soil disturbing activities(e.g., clearing,grading,excavation,stockpiling of fill material,and demolition),construction materials or equipment storage or maintenance(e.g.,fill piles,borrow area,concrete truck wash out,fueling), or other industrial stormwater directly related to the construction process (e.g.,concrete or asphalt batch plants)are located. Page 6 Construction General Permit TPDES General Permit No.TXR150000 Part I,Section B Drought-Stricken Area—For the purposes of this permit, an area in which the National Oceanic and Atmospheric Administration's U.S. Seasonal Drought Outlook indicates for the period during which the construction will occur that any of the following conditions are likely- (1)"Drought to persist or intensify", (2) "Drought ongoing,some improvement",(3) "Drought likely to improve,impacts ease",or(4)"Drought development likely" See http.//www.cpc.ncep.noaa.gov/products/expert assessment/seasonal drought.html. Edwards Aquifer—As defined under Texas Administrative Code(TAC) § 213.3 of this title (relating to the Edwards Aquifer),that portion of an arcuate belt of porous,water-bearing, predominantly carbonate rocks known as the Edwards and Associated Limestones in the Balcones Fault Zone trending from west to east to northeast in Kinney, Uvalde,Medina, Bexar, Comal, Hays,Travis,and Williamson Counties; and composed of the Salmon Peak Limestone,McKnight Formation,West Nueces Formation, Devil's River Limestone, Person Formation,Kainer Formation,Edwards Formation,and Georgetown Formation.The permeable aquifer units generally overlie the less-permeable Glen Rose Formation to the south, overlie the less-permeable Comanche Peak and Walnut Formations north of the Colorado River, and underlie the less permeable Del Rio Clay regionally Edwards Aquifer Recharge Zone—Generally,that area where the stratigraphic units constituting the Edwards Aquifer crop out, including the outcrops of other geologic formations in proximity to the Edwards Aquifer,where caves,sinkholes,faults,fractures,or other permeable features would create a potential for recharge of surface waters into the Edwards Aquifer The recharge zone is identified as that area designated as such on official maps located in the offices of the Texas Commission on Environmental Quality(TCEQ)and the appropriate regional office.The Edwards Aquifer Map Viewer,located at haps://www.tceq.texas.gov/gis/edwards-viewer.html Edwards Aquifer Contributing Zone—The area or watershed where runoff from precipitation flows downgradient to the recharge zone of the Edwards Aquifer The contributing zone is located upstream(upgradient)and generally north and northwest of the recharge zone for the following counties: all areas within Kinney County,except the area within the watershed draining to Segment No.2304 of the Rio Grande Basin, all areas within Uvalde,Medina, Bexar,and Comal Counties, all areas within Hays and Travis Counties, except the area within the watersheds draining to the Colorado River above a point 1.3 miles upstream from Tom Miller Dam,Lake Austin at the confluence of Barrow Brook Cove, Segment No. 14o3 of the Colorado River Basin, and all areas within Williamson County, except the area within the watersheds draining to the Lampasas River above the dam at Stillhouse Hollow reservoir,Segment No.1216 of the Brazos River Basin.The contributing zone is illustrated on the Edwards Aquifer map viewer at https://www.tceq.texas.gov/gis/edwards-viewer.html Effluent Limitations Guideline(ELG) —Defined in 40 Code of Federal Regulations (CFR)§122.2 as a regulation published by the Administrator under§304(b)of the Clean Water Act(CWA)to adopt or revise effluent limitations. Facility or Activity—For the purpose of this permit,referring to a construction site,the location of construction activity, or a construction support activity that is regulated under this general permit,including all contiguous land and fixtures(for example,ponds and materials stockpiles),structures,or appurtenances used at a Construction site or industrial site. Page 7 Construction General Permit TPDES General Permit No.TXR150000 Part I,Section B , Final Stabilization—A construction site status where any of the following conditions are met: (a) All soil disturbing activities at the site have been completed and a uniform(that is, evenly distributed,without large bare areas)perennial vegetative cover with a density of at least 7o%of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures,or equivalent permanent stabilization measures(such as the use of riprap, or gabions)have been employed. (b) For individual lots in a residential construction site by either (1) the homebuilder completing final stabilization as specified in condition(a)above; or (2) the homebuilder establishing temporary stabilization for an individual lot prior to the time of transfer of the ownership of the home to the buyer and after informing the homeowner of the need for, and benefits of,final stabilization.If temporary stabilization is not feasible,then the homebuilder may fulfill this requirement by retaining perimeter controls or BMPs,and informing the homeowner of the need for removal of temporary controls and the establishment of final stabilization. Fulfillment of this requirement must be documented in the homebuilder's stormwater pollution prevention plan(SWP3) (c) For construction activities on land used for agricultural purposes(such as pipelines across crop or range land),final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use.Areas disturbed that were not previously used for agricultural activities,such as buffer strips immediately adjacent to surface water and areas that are not being returned to their preconstruction agricultural use must meet the final stabilization conditions of condition(a)above. (d) In arid,semi-arid, and drought-stricken areas only,all soil disturbing activities at the site have been completed and both of the following criteria have been met: (1) temporary erosion control measures(for example,degradable rolled erosion control product)are selected, designed,and installed along with an appropriate seed base to provide erosion control for at least three years without active maintenance by the operator,and (2) the temporary erosion control measures are selected,designed,and installed to achieve 7o%of the native background vegetative coverage within three years. High-Level Radioactive Waste—Meaning as assigned by 42 United States Code(U.S.C.) Section 10101(12)and includes spent nuclear fuel as defined by 42 U.S.C.Section 10101(23). Hyperchlorination of Waterlines—Treatment of potable water lines or tanks with chlorine for disinfection purposes,typically following repair or partial replacement of the waterline or tank,and subsequently flushing the contents. Impaired Water—A surface water body that is identified as impaired on the latest approved CWA§3o3(d)List or waters with an EPA-approved or established total maximum daily load(TMDL)that are found on the latest EPA approved Texas Integrated Report of Surface Water Quality for CWA Sections 3o5(b)and 3o3(d),which lists the category 4 and 5 water bodies. Indian Country Land—(1)All land within the limits of any Indian reservation under the jurisdiction of the United States government,notwithstanding the issuance of any patent, and,including rights-of-way running through the reservation, (2)all dependent Indian communities with the borders of the United States whether within the originally or subsequently acquired territory thereof, and whether within or without the limits of a state; and(3)all Indian allotments,the Indian titles to which have not been extinguished, including rights-of-way running through the same. (4o CFR§ 122.2) Page 8 Construction General Permit TPDES General Permit No.TXR150000 Part I,Section B Indian Tribe—Any Indian Tribe,band,group,or community recognized by.the Secretary of the Interior and exercising governmental authority over a Federal Indian Reservation (40 CFR§122.2). i Infeasible—Not technologically possible,or not economically practicable and achievable in light of best industry practices. (40 CFR§450.11(b)) Large Construction Activity—Construction activities including clearing,grading, and excavating that result in land disturbance of equal to or greater than five(5)acres of land. Large construction activity also includes the disturbance of less than five(5) acres of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than five(5)acres of land. Large construction activity does not include routine maintenance that is performed to maintain the original line and grade,hydraulic capacity,or original purpose of the site(for example,the routine grading of existing dirt roads,asphalt,overlays of existing roads,the routine clearing of existing right-of-ways,and similar maintenance activities). Linear Project—Includes the construction of roads,bridges,conduits,substructures, pipelines,sewer lines,towers,poles,cables,wires,connectors,switching,regulating and transforming equipment and associated ancillary facilities in a long, narrow area. Low Rainfall Erosivity Waiver(LREW)—A written submission to the executive director from an operator of a construction site that is considered as small construction activity under the permit,which qualifies for a waiver from the requirements for small construction activities,only during the period of time when the calculated rainfall erosivity factor is less than five(5). Minimize—To reduce or eliminate to the extent achievable using stormwater controls that are technologically available and economically practicable and achievable in light of best industry practices. Municipal Separate Storm Sewer System(MS4) —A separate storm sewer system owned or operated by the United States,a state,city,town,county,district, association,or other public body(created by or pursuant to state law)having jurisdiction over the disposal of sewage,industrial wastes,stormwater,or other wastes,including special districts under state law such as a sewer district,flood control or drainage district,or similar entity,or an Indian tribe or an authorized Indian tribal organization,that discharges to surface water in the state. Notice of Change(NOC)—Written notification to the executive director from a discharger authorized under this permit,providing changes to information that was previously provided to the agency in a notice of intent form. Notice of Intent(NOI)—A written submission to the executive director from an applicant requesting coverage under this general permit. Notice of Termination(NOT)—A written submission to the executive director from a discharger authorized under this general permit requesting termination of coverage. Operator—The person or persons associated with a large or small construction activity that is either a primary or secondary operator as defined below. Primary Operator—The person or persons associated with construction activity that meets either of the following two criteria. (a) the person or persons have on-site operational control over construction plans and specifications,including the ability to make modifications to those plans and specifications; or Page 9 Construction General Permit TPDES General Permit No.TXR150000 Part I,Section B (b) the person or persons have day-to-day operational control of those activities at a construction site that are necessary to ensure compliance with a Stormwater Pollution Prevention Plan(SWP3)for the site or other permit conditions(for example,they are authorized to direct workers at a site to carry out activities required by the SWP3 or comply with other permit conditions). Secondary Operator—The person or entity,often the property owner,whose operational control is limited to: (a) the employment of other operators,such as a general contractor,to perform or supervise construction activities; or (b) the ability to approve or disapprove changes to construction plans and specifications,but who does not have day-to-day on-site operational control over construction activities at the:site. Secondary operators must either prepare their own SWP3 or participate in a shared SWP3 that covers the areas of the construction site,where they have control over the construction plans and specifications. If there is not a primary operator at the construction site,then the secondary operator is defined as the primary operator and must comply with the requirements for primary operators. Outfall—For the purpose of this permit,a point source at the point where stormwater runoff associated with construction activity discharges to surface water in the state and does not include open conveyances connecting two municipal separate storm sewers,or pipes, tunnels,or other conveyances that connect segments of the same stream or other water of the U.S.and are used to convey waters of the U.S. Permittee—An operator authorized under this general permit.The authorization may be gained through submission of a notice of intent,by waiver,or by meeting the requirements for automatic coverage to discharge stormwater runoff and certain non-stormwater discharges from construction activity Point Source—Any discernible,confined,and discrete conveyance,including but not limited to, any pipe,ditch,channel,tunnel,conduit,well,discrete fissure,container,rolling stock concentrated animal feeding operation,landfill leachate collection system,vessel or other floating craft from which pollutants are,or may be,discharged.This term does not include return flows from irrigated agriculture or agricultural stormwater runoff(40 CFR§ 122.2). Pollutant—Dredged spoil,solid waste,incinerator residue,sewage,garbage,sewage sludge,filter backwash,munitions,chemical wastes,biological materials, radioactive materials,heat,wrecked or discarded equipment,rock,sand,cellar dirt,and industrial, municipal,and agricultural waste discharged into any surface water in the state.The term "pollutant"does not include tail water or runoff water from irrigation or rainwater runoff from cultivated or uncultivated rangeland,pastureland, and farmland.For the purpose of this permit,the term"pollutant"includes sediment. Pollution—The alteration of the physical,thermal,chemical,or biological quality of,or the contamination of,any surface water in the state that renders the water harmful,detrimental, or injurious to humans, animal life,vegetation,or property or to public health,safety, or welfare,or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose(Texas Water Code(TWC) §26.001(14)). Rainfall Erosivity Factor(R factor)—The total annual erosive potential that is due to climatic effects,and is part of the Revised Universal Soil Loss Equation(RUSLE) Page 10 Construction General Permit TPDES General Permit No.TXR150000 Part I,Section B Receiving Water—A"Water of the'United States"as defined in 4o CFR§122.2 or a surface water in the state into which the regulated stormwater discharges. { Semi-arid Areas—Areas with an average annual rainfall of to to 20 inches. Separate Storm Sewer System—A conveyance or system of conveyances(including roads with drainage systems,streets,'catch basins,curbs,gutters,ditches,man-made channels,or storm drains),designed or used for collecting or conveying stormwater;that is not a combined sewer, and that is not part of a publicly owned treatment works(POTW). Small Construction Activity—Construction activities including clearing,grading, and excavating that result in land disturbance of equal to or greater than one(1)acre and less than five(5) acres of land. Small construction activity also includes the disturbance of less than one (1)acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one(1)and less than five(5)acres of land. Small construction activity does not include routine maintenance that is performed to maintain the original line and grade,hydraulic capacity,or original purpose of the site(for example,the routine grading of existing dirt roads,asphalt overlays of existing roads,the routine clearing of existing right-of-ways, and similar maintenance activities). Steep Slopes—Where a state,Tribe,local government,or industry technical manual(e.g., stormwater BMP manual)has defined what is to be considered a"steep slope",this permit's definition automatically adopts that definition.Where no such definition exists,steep slopes are automatically defined as those that are 15 percent or greater in grade. Stormwater(or Stormwater Runoff)—Rainfall runoff,snow melt runoff,and surface runoff and drainage. Stormwater Associated with Construction Activity—Stormwater runoff, as defined above,from a construction activity Structural Control(or Practice)—A pollution prevention practice that requires the construction of a device,or the use of a device,to reduce or prevent pollution in stormwater runoff.Structural controls and practices may include but are not limited to:silt fences, earthen dikes, drainage swales,sediment traps,check dams,subsurface drains,storm drain inlet protection,rock outlet protection,reinforced soil retaining systems,gabions,and temporary or permanent sediment basins. Surface Water in the State—Lake's,bays,ponds,impounding reservoirs,springs, rivers, streams,creeks,estuaries,wetlands,marshes,inlets, canals,the Gulf of Mexico inside the territorial limits of the state(from the mean high water mark(MHWM)out io.36 miles into the Gulf),and all other bodies of surface water,natural or artificial,inland or coastal,fresh or salt, navigable or non-navigable, and including the beds and banks of all water-courses and bodies of surface water,that are wholly or partially inside or bordering the state or subject to the jurisdiction of the state;except that waters in treatment systems which are authorized by state or federal law,regulation,or permit, and which are created for the purpose of waste treatment are not considered to be water in the state. Temporary Stabilization—A condition where exposed soils or disturbed areas are provided a protective cover or other structural control to prevent the migration of pollutants. Temporary stabilization may include temporary seeding,geotextiles,mulches,and other techniques to reduce or eliminate erosion until either permanent stabilization can be achieved or until further construction activities take place. Thawing Conditions—For the purposes of this permit,thawing conditions are expected based on the historical likelihood of two(2)or more days with daytime temperatures greater than 32 degrees Fahrenheit(F).This date can be determined by looking at historical weather data. Page 11 / I Construction General Permit TPDES General Permit No.TXR150000 Part II,Section A NOTE.The estimation of thawing conditions is for planning purposes only During construction,the permittee will be required to conduct site inspections based upon actual conditions.(i.e., if thawing conditions occur sooner than expected,the permittee will be required to conduct inspections at the regular frequency). Total Maximum Daily Load(TMDL)—The total amount of a pollutant that a water body can assimilate and still meet the Texas Surface Water Quality Standards. Turbidity—A condition of water quality characterized by the presence of suspended solids and/or organic material. Waters of the United States—Waters of the United States or waters of the U.S.means the term as defined in 4o CFR§ 122.2'. Part II. Permit Applicability and Coverage Section A. Discharges Eligible for Authorization 1. Stormwater Associated with Construction Activity Discharges of stormwater runoff and certain non-stormwater discharges from small and large construction activities may be authorized under this general permit,except as described in Part II.C. of this permit. 2. Discharges of Stormwater Associated with Construction Support Activities Discharges of stormwater runoff and certain non-stormwater discharges from construction support activities as defined in Part I.B. of this general permit maybe authorized,provided that the following conditions are met: (a) the construction support activities are located within one(i)mile from the boundary of the construction site where'the construction activity authorized under the permit is being conducted that requires the support of these activities; (b) an SWP3 is developed and implemented for the permitted construction site according to the provisions in Part III.F of this general permit,including appropriate controls and measures to reduce erosion and the discharge of pollutants in stormwater runoff according to the provisions in Part IV of this general permit; (c) the activities are directly related to the construction site; (d) the activities are not a commercial operation,nor serve other unrelated construction projects,and (e) the activities do not continue to operate beyond the completion of the construction activity at the project it supports. Construction support activities that operate outside the terms provided in(a)through(e) above must obtain authorization under a separate Texas Pollutant Discharge Elimination System(TPDES)permit,which may include the TPDES Multi-Sector General Permit (MSGP),TXRo50000 (related to stormwater discharges associated with industrial activity), an alternative general permit(if available), or an individual water quality permit. 3. Non-Stormwater Discharges The following non-stormwater discharges from sites authorized under this general permit are also eligible for authorization under this general permit: Page 12 Construction General Permit TPDES General Permit No.TXR150000 Part II,Section B&C (a) discharges from emergency fire-fighting activities(emergency fire-fighting activities do not include washing of trucks, run-off water from training activities,test water from fire suppression systenis, or similar activities), (b) uncontaminated fire hydrant flushings(excluding discharges of hyperchlorinated water,unless the water is first dechlorinated and discharges are not expected to ' adversely affect aquatic.life),which include flushings from systems that utilize potable water,surface water,;or groundwater that does not contain additional pollutants(uncontaminated fire hydrant flushings do not include systems utilizing reclaimed wastewater as a source water); (c) water from the routine external washing of vehicles,the external portion of buildings or structures,and pavement,where solvents,detergents,and soaps are not used,where spills or leaks of toxic or hazardous materials have not occurred(unless spilled materials have been removed, and if local state,or federal regulations are applicable,the materials are removed according to those regulations),and where the purpose is to remove mud,dirt,or dust; (d) uncontaminated water used to control dust; (e) potable water sources,including waterline flushings,but excluding discharges of hyperchlorinated water,unless the water is first dechlorinated and discharges are not expected to adversely affect aquatic life; (f) uncontaminated air conditioning condensate; (g) uncontaminated ground water or spring water,including foundation or footing drains where flows are not contaminated with industrial materials such as solvents, and (h) lawn watering and similar irrigation drainage. 4. Other Permitted Discharges Any discharge authorized under a separate National Pollutant Discharge Elimination System(NPDES),TPDES,or TCEQ permit may be combined with discharges authorized by this general permit,provided those discharges comply with the associated permit. Section B. Concrete Truck Wasli Out The wash out of concrete trucks at regulated construction sites must be performed in accordance with the requirements of Part VI of this general permit. Section C. Limitations on Permit Coverage 1. Post Construction Discharges Discharges that occur after construction activities have been completed,and after the construction site and any supporting activity site have undergone final stabilization,are not eligible for coverage under this general permit. Discharges originating from the sites are not authorized under this general permit following the submission of the Notice of Termination(NOT)or removal of the appropriate TCEQ site notice,as applicable,for the regulated construction activity 2. Prohibition of Non-Stormwater Discharges Except as otherwise provided in Part II.A.of this general permit,only discharges that are composed entirely of stormwater associated with construction activity may be authorized under this general permit. Page 13 Construction General Permit TPDES General Permit No.TXRi50000 Part II,Section C 3. Compliance with Water Quality Standards Discharges to surface water in the;state that would cause,have the reasonable potential to cause,or contribute to a violation of water quality standards or that would fail to protect and maintain existing designated uses of surface water in the state are not eligible for coverage under this general permit.The executive director may require an application for an individual permit or alternative general permit(see Parts II.H.2 and 3.)to authorize discharges to surface water in the state if the executive director determines that any activity will cause,has the reasonable potential to cause,or contribute to a violation of water quality standards or is found to cause,has the reasonable potential to cause,or contribute to,the impairment of a designated use.The executive director may also require an application for an individual permit considering factors described in Part II.H.3.of this general permit. 4. Impaired Receiving Waters and Total Maximum Daily Load(TMDL)Requirements The permittee shall determine whether the authorized discharge is to an impaired water body on the latest EPA-approved CWA§3o3(d)List or waters with an EPA-approved or established TMDL that are found on the latest EPA-approved Texas Integrated Report of Surface Water Quality for CWA Sections 3o5(b)and 3o3(d),which lists the category 4 and 5 water bodies. New sources or new discharges of the pollutants of concern to impaired waters are not authorized by this permit unless otherwise allowable under 3o TAC Chapter 305 and applicable state law Impaired waters are those that do not meet applicable water quality standard(s)and are listed as category 4 or 5 in the current version of the Texas Integrated Report of Surface Water Quality for CWA Sections 3o5(b)and 3o3(d),and waterbodies listed on the CWA§3o3(d)List. Pollutants of concern are those for which the water body is listed as impaired. Discharges of the pollutants of concern to impaired water bodies for which there is a TMDL are not eligible for coverage under this general permit unless they are consistent with the approved TMDL. Permittees must incorporate the conditions and requirements applicable to their discharges into their SWP3,in order to be eligible for coverage under this general permit. For consistency with the construction stormwater-related items in an approved TMDL,the SWP3 must be consistent with any applicable condition,goal,or requirement in the TMDL,TMDL Implementation Plan(I-Plan),or as otherwise directed by the executive director 5. Discharges to the Edwards Aquifer Recharge or Contributing Zone Discharges cannot be authorized by this general permit where prohibited by 3o TAC Chapter 213 (relating to Edwards Aquifer) In addition,commencement of construction (see definition for commencement of construction in Part I.B. above))at a site regulated under 3o TAC Chapter 213,may not begin until the appropriate Edwards Aquifer Protection Plan(EAPP)has been approved by the TCEQ's Edwards Aquifer Protection Program. (a) For new discharges located within the Edwards Aquifer Recharge Zone,or within that area upstream from the recharge zone and defined as the Contributing Zone (CZ), operators must meet all applicable requirements of,and operate according to, 3o TAC Chapter 213(Edwards Aquifer Rule)in addition to the provisions and requirements of this general permit. Page 34 Construction General Permit TPDES General Permit No.TXR150000 Part II,Section C (b) For existing discharges located within the Edwards Aquifer Recharge Zone,the requirements of the agency-approved Water Pollution Abatement Plan(WPAP) under the Edwards Aquifer Rule are in addition to the requirements of this general permit.BMPs and maintenance schedules for structural stormwater controls,for example,may be required as a provision of the rule.All applicable requirements of the Edwards Aquifer Rule for; reductions of suspended solids in stormwater runoff are in addition to the requirements in this general permit for this pollutant. (c) For discharges located within ten(io)stream miles upstream of the Edwards Aquifer recharge zone,applicants shall also submit a copy of the NOI to the appropriate TCEQ regional office. Counties: Comal, Bexar,Medina,Uvalde,and Kinney Contact: TCEQ Water Program.Manager San Antonio Regional Office 14250 Judson Road San Antonio,Texas'8233-4480 (210)490-3096 Counties. Williamson,Travis, and Hays Contact: TCEQ Water Program Manager Austin Regional Office 12100 Park 35 Circle; Room 179,Building A Austin,Texas 78753 (512)339-2929 6. Discharges to Specific Watersheds and Water Quality Areas Discharges otherwise eligible for coverage cannot be authorized by this general permit where prohibited by 3o TAC Chapter 311(relating to Watershed Protection)for water quality areas and watersheds. 7 Protection of Streams and Watersheds by Other Governmental Entities This:general permit does not limit the authority or ability of federal,other state,or local governmental entities from placing additional or more stringent requirements on construction activities or discharges from construction activities. 8. Indian Country Lands Stormwater runoff from construction activities occurring on Indian Country lands are not under the authority of the TCEQ and are not eligible for coverage under this general permit.If discharges of stormwater require authorization under federal NPDES regulations,authority for these discharges must be obtained from the U.S. Environmental Protection Agency(EPA). 9. Exempt Oil and Gas Activities The CWA.§402(1)(2)provides that stormwater discharges from construction activities related to oil and gas exploration,production,processing,or treatment,or transmission facilities are exempt from regulation under this permit.The term"oil and gas exploration,production,processing,or treatment operations,or transmission facilities" is defined in 33 U.S.C.Annotated§1362(24). Page 15 Construction General Permit TPDES General Permit No.TXRi5o00o Part II,Section C The exemption in CWA§402(1)(2) includes stormwater discharges from construction activities regardless of the amount of disturbed acreage,which are necessary to prepare a site for drilling and the movement and placement of drilling equipment,drilling waste management pits,in field treatment plants, and in field transportation infrastructure(e.g., crude oil pipelines,natural gas treatment plants, and both natural gas transmission pipeline compressor and crude oil pumping stations)necessary for the operation of most producing oil and gas fields.Construction activities are defined in 33 U.S. Code§ 1362(24) and interpreted by EPA in the final rule.See June 12,2006 Amendments to the NPDES Regulations for Storm Water Discharges Associated with Oil and Gas Exploration, Production, Processing,or Treatment Operations or Transmission Facilities(71 FR 33628, Part V Terminology). The exemption does not include stormwater discharges from the construction of administrative buildings,parking lots,and roads servicing an administrative building at an oil and gas site,as these are considered traditional construction activities. As described in 4o CFR§122.26(c)(1)(iii)[regulations prior to 2006],discharges from oil and gas construction activities]are waived from CWA§402(1)(2)permit coverage unless the construction activity(or construction support activity)has had a discharge of stormwater resulting in the discharge of a reportable quantity of oil or hazardous substances or the discharge contributes to a violation of water quality standards. Exempt oil and gas activities which have lost their exemption as a result of one of the above discharges,must obtain permit coverage under this general permit, an alternative general permit,or a TPDES individual permit prior to the next discharge. io. Stormwater Discharges from Agricultural Activities Stormwater discharges from agricultural activities that are not point source discharges of stormwater are not subject to TPDES permit requirements.These activities may include clearing and cultivating ground for crops,construction of fences to contain livestock, construction of stock ponds,and other similar agricultural activities. Discharges of stormwater runoff associated with the construction of facilities that are subject to TPDES regulations,such as the construction of concentrated animal feeding operations,would be point sources regulated under this general permit. �i. Endangered Species Act Discharges that would adversely affect a listed endangered or threatened aquatic or aquatic-dependent species or its critical habitat are not authorized by this permit,unless the requirements of the Endangered Species Act are satisfied.Federal requirements related to endangered species apply to all TPDES permitted discharges and site-specific controls may be required to ensure that protection of endangered or threatened species is achieved.If a permittee has concerns over potential impacts to listed species,the permittee may contact TCEQ for additional information. 12. Storage of High-Level Radioactive Waste Discharges of stormwater from construction activities associated with the construction of a facility that is licensed for the storage of high-level radioactive waste by the United States Nuclear Regulatory Commission under io CFR Part 72 are not authorized by this general permit.Texas Health and Safety Code(THSC)§401.o525 prohibits TCEQ from issuing any TPDES authorizations for the construction or operation of these facilities. Discharges of stormwater from the construction activities associated with the construction of a facility located at the site of currently or formerly operating nuclear power reactors and currently or formerly operating nuclear research and test reactors operated by a university are not prohibited under THSC§401.o525 and continue to be regulated under this general permit. Page i6 Construction General Permit TPDES General Permit No.TXR150000 Part II,Section D&E 13. Other Nothing in Part II. of the general permit is intended to negate any person's ability to assert force majeure(act of God,war,strike,riot,or other catastrophe)defenses found in 3oTAC§7o.7 Section D. Deadlines for Obtaining Authorization to Discharge 1. Large Construction Activities (a) New Construction—Discharges from sites where the commencement of construction activity occurs on or after the effective date of this general permit must be authorized,either under this general permit or a separate TPDES permit,prior to the commencement of those construction activities. (b) Ongoing Construction—Operators of large construction activities continuing to operate after the effective date of this permit,and authorized under the TPDES Construction General Permit(CGP)TXRi50000(effective on March 5, 2018,and amended on January 28, 2022),must submit an NOI to renew authorization or an NOT to terminate coverage under this general permit within 90 days of the effective date of this general permit.During this interim or grace period, as a requirement of this TPDES permit,the operator must continue to meet the conditions and requirements of the issued and amended 2018 TPDES CGP 2. Small Construction Activities (a) New Construction—Discharges from sites where the commencement of construction activity occurs on or after the effective date of this general permit must be authorized,either under this general permit or a separate TPDES permit,prior to the commencement of those construction activities. (b) Ongoing Construction—Discharges from ongoing small construction activities that commenced prior to the effective date of this general permit, and that do not meet the conditions to qualify for termination of this permit as described in Part II.F of this general permit,must meet the requirements to be authorized,either under this general permit or a separate TPDES permit,within 90 days of the effective date of this general permit. During this interim period, as a requirement of this TPDES permit,the operator must continue to meet the conditions and requirements of the issued and amended 2018 TPDES CGP Section E. Obtaining Authorization to Discharge 1. Automatic Authorization for Small Construction Activities with Low Potential for Erosion Operators of small construction activity,as defined in Part I.B. of this general permit, shall not submit an NOI for coverage,unless otherwise required by the executive director Operators of small construction activities,which occur in certain counties and during periods of low potential for erosion that do not meet the conditions of the waiver described in Part II.G of this general permit,may be automatically authorized under this general permit if all the following conditions are met prior to the commencement of construction. (a) The construction activity occurs in a county and during the corresponding date range(s)listed in Appendix A, Page 17 Construction General Permit TPDES General Permit No.TXR150000 Part II,Section E (b) The construction activity is initiated and completed,including either final or temporary stabilization of all disturbed areas,within the time frame identified in Appendix A for the location of the construction site, (c) All temporary stabilization is adequately maintained to effectively reduce or prohibit erosion,permanent stabilization activities have been initiated,and a condition of final stabilization is completed no later than 3o days following the end date of the time frame identified in Appendix A for the location of the construction site;the permittee signs a completed TCEQ Small Construction Site Notice for low potential for erosion(Form TCEQ-2o964),including the certification statement; (d) A signed and certified copy of the TCEQ Small Construction Site Notice for low potential for erosion is posted at the construction site in a location where it is readily available for viewing by the general public,local,state,and federal authorities prior to commencing construction activities, and maintained in that location until final stabilization has been achieved, NOTE. Posted TCEQ site notices may have a redacted signature as long as there is an original signed and certified TCEQ site notice,with a viewable signature,located on-site and available for review by any applicable regulatory authority ' (e) A copy of the signed and certified TCEQ Small Construction Site Notice for low potential for erosion is provided to the operator of any MS4 receiving the discharge at least two(2) days prior to commencement of construction activities; (f) Discharges of stormwater runoff or other non-stormwater discharges from any supporting concrete batch plant or asphalt batch plant is separately authorized under an individual TPDES permit,another TPDES general permit,or under an individual TCEQ permit where stormwater and non-stormwater is disposed of by evaporation or irrigation(discharges are adjacent to water in the state); and (g) Any non-stormwater discharges are either authorized under a separate permit or authorization, are not considered by TCEQ to be a wastewater,or are captured and routed for disposal at a publicly operated treatment works or licensed waste disposal facility If all of the conditions in(a) —(h)above are met,then the operator(s)of small construction activities with low potential for erosion are not required to develop a SWP3. If an operator is conducting small'construction activities and any of the above conditions (a) —(h)are not met,the operator cannot declare coverage under the automatic authorization for small construction activities with low potential for erosion and must meet the requirements for automatic authorization(all other) small construction activities,described below in Part II.E.2. For small construction activities that occur during a period with a low potential for erosion,where automatic authorization under this section is not available,an operator may apply for and obtain a waiver from permitting (Low Rainfall Erosivity Waiver LREW),as described in Part II.G of this general permit.Waivers from coverage under the LREW do not allow for any discharges of non-stormwater and the operator must ensure that discharges on non-stormwater are either authorized under a separate permit or authorization. 2. Automatic Authorization for Small Construction Activities Operators of small construction activities as defined in Part I.B.of this general permit shall not submit an NOI for coverage,unless otherwise required by the executive director Page 18 Construction General Permit TPDES General Permit No.TXR1.50000 Part II,Section E Operators of small construction activities, as defined in Part I.B.of this general permit or. as defined but who do not meet in the conditions and requirements located in Part II.E.i above,may be automatically authorized for small construction activities,provided that they meet all of the following conditions. (a) develop a SWP3 according to the provisions of this general permit,that covers either the entire site or all portions of the site for which the applicant is the operator,and implement the SWP3 prior to commencing construction activities; (b) all operators of regulated small construction activities must post a copy of a signed and certified TCEQ Small Construction Site Notice(Form TCEQ-2o963),the notice must be posted at the construction site in a location where it is safely and readily available for viewing by the general public,local,state, and federal authorities, at least two(2) days prior to commencing construction activity,and maintain the notice in that location until completion of the construction activity(for linear construction activities,e.g.pipeline or highway,the TCEQ site notice must be placed in a publicly accessible location near where construction is actively underway;notice for these linear sites may be relocated, as necessary, along the length of the project, and the notice must be safely and readily available for viewing by the general public; local,state, and federal authorities); (c) operators must maintain a posted TCEQ Small Construction Site Notice on the approved TCEQ form at the construction site until final stabilization has been achieved, and NOTE. Posted TCEQ site notices may have a redacted signature as long as there is an original signed and certified TCEQ Small Construction Site Notice, with a viewable signature,located on-site and available for review by an applicable regulatory authority (d) provide a copy of the signed and certified TCEQ Small Construction Site Notice to the operator of any municipal separate storm sewer system (MS4)receiving the discharge at least two(2)days prior to commencement of construction activities. (e) if signatory authority is delegated by an authorized representative,then a Delegation of Signatory form must be submitted as required by 3o TAC§3o5.128(relating to Signatories to Reports) Operators for small construction activities must submit this form via mail following the instructions on the approved TCEQ paper form.A new Delegation of Signatory form must be submitted if the delegation changes to another individual or position. As described in Part I.B of this general permit,large construction activities include those that will disturb less than five(5)acres of land,but that are part of a larger common plan of development or sale that will ultimately disturb five(5)or more acres of land and must meet the requirements of Part II.E.3.below 3. Authorization for Large Construction Activities Operators of large construction activities that qualify for coverage under this general permit must meet all of the following conditions: (a) develop a SWP3 according to the provisions of this general permit that covers either the entire site or all portions of the site where the applicant is the operator The SWP3 must be developed and implemented prior to obtaining coverage and prior to commencing construction activities; (b) primary operators of large construction activities must submit an NOI prior to commencing construction activity at a construction site.A completed NOI must be submitted to TCEQ electronically using the online ePermits system on TCEQ's website. Page 19 Construction General Permit TPDES General Permit No.TXR150000 Part II,Section E Operators with an electronic reporting waiver must submit a completed paper NOI to TCEQ at least seven(7)days prior to commencing construction activity to obtain provisional coverage 48-hours from the postmark date for delivery to the TCEQ An authorization is no longer provisional when the executive director finds the NOI is administratively complete,and an authorization number is issued to the permittee for the construction site indicated on the NOI. If an additional primary operator is added after the initial NOI is submitted,the additional primary operator must meet the same requirements for existing primary operator(s),as indicated above. If the primary operator changes due to responsibility at the site being transferred from one primary operator to another after the initial NOI is submitted,the new primary operator must submit an electronic NOI,unless they request and obtain a waiver from electronic reporting, at least ten(1o)days prior to assuming operational control of a construction site and commencing construction activity (c) all operators of large construction activities must post a TCEQ Large Construction Site Notice on the approved TCEQ form(Form TCEQ-2o961)in accordance with Part III.D.2.of this permit.The TCEQ site notice must be located where it is safely and readily available for viewing by the general public,local,state,and federal authorities prior to commencing construction activities, and must be maintained in that location until final stabilization has been achieved.For linear construction activities,e.g.,pipeline or highway,the TCEQ site notice must'be placed in a publicly accessible location near where construction is actively underway;notice for these linear sites may be relocated, as necessary,along the length of the project,and the notice must be safely and readily available for viewing by the general public,local, state,and federal authorities, (d) two days prior to commencing construction activities, all primary operators must: i. provide a copy of the signed NOI to the operator of any MS4 receiving the discharge and to any secondary construction operator,and H. list in the SWP3 the names and addresses of all MS4 operators receiving a copy; (e) if signatory authority is delegated by an authorized representative,then a Delegation of Signatories form must be submitted as required by 3o TAC §305.128(relating to Signatories to Reports) Primary operators must submit this form electronically using the State of Texas Environmental Electronic Reporting.System(STEERS), TCEQ's online permitting system, or by paper if the permittee requested and obtained an electronic reporting waiver A new Delegation of Signatories form must be submitted,if the delegation changes to another individual or position, (f) all persons meeting the definition of"secondary operator"in Part I of this permit are hereby notified that they are regulated under this general permit,but are not required to submit an NOI,provided that a primary operator at the site has submitted an NOI,or prior to commencement of construction activities,a primary operator is required to submit an NOI and the secondary operator has provided notification to the operator(s)of the need to obtain coverage(with records of notification available upon request).Any secondary operator notified under this provision may alternatively submit an NOI under this general permit,may seek coverage under an alternative TPDES individual permit,or may seek coverage under an alternative TPDES general permit if available;and Page 20 Construction General Permit TPDES General Permit No.TXRi50000 Part II,Section E (g) all secondary operators of large construction activities must post a copy of the signed and certified TCEQ Large Construction Site Notice for Secondary Operators on the approved TCEQ form(Form TCEQ-20962) and provide a copy of the signed and certified TCEQ site notice to the operator of any MS4 receiving the discharge at least two(2)days prior to the commencement construction activities. NOTE. Posted TCEQ site notices may have a redacted signature as long as there is an original signed and certified TCEQ Large Construction Site Notice for Secondary Operators,with a viewable signature,located on-site and available for review by an applicable regulatory authority Applicants must submit an NOI using the online ePermits system(accessed using STEERS)available through the TCEQ website,or request and obtain a waiver from electronic reporting from the TCEQ.Waivers from electronic reporting are not transferrable and expire on the same date as the authorization to discharge. 4. Waivers for Small Construction Activities: Operators of certain small construction activities may obtain a waiver from coverage under this general permit,if applicable.The requirements are outlined in Part II.G below 5. Effective Date of Coverage (a) Operators of small construction activities as described in either Part II.E.i.or II.E.2. above are authorized immediately following compliance with the applicable conditions of Part II.E.i.or II.E.2.Secondary operators of large construction activities as described in Part II.E.3. above are authorized immediately following compliance with the applicable conditions in Part II.E.3. For activities located in areas regulated by 3o TAC Chapter 213,related to the Edwards Aquifer,this authorization to discharge is separate from the requirements of the operator's responsibilities under that rule. Construction may not commence for sites regulated under 3o TAC Chapter 213 until all applicable requirements of that rule are.met. (b) Primary operators of large construction activities as described in Part II.E.3.above that electronically submit an NOI are authorized immediately following confirmation of receipt of the electronic form by the TCEQ,unless otherwise notified by the executive director Operators with an electronic reporting waiver are provisionally authorized 48-hours from the date that a completed paper NOI is postmarked for delivery to the TCEQ, unless otherwise notified by the executive director An authorization is no longer provisional when the executive director finds the NOI is administratively complete and an authorization number his issued to the permittee for the construction site indicated on the NOI. For construction activities located in areas regulated by 3o TAC Chapter 213, related to the Edwards Aquifer,this authorization to discharge is separate from the requirements of the operator's responsibilities under that rule. Construction activities may not commence for sites regulated under 3o TAC Chapter 213 until all applicable requirements of that rule are met. (c) Operators are not prohibited from submitting late NOIs or posting late site notices to obtain authorization under this general permit.The TCEQ reserves the right to take appropriate enforcement action for any unpermitted activities that may have occurred between the time construction commenced and authorization under this general permit was obtained. Page 21 Construction General Permit TPDES General Permit No.TXR150000 Part II,Section E (d) If operators that submitted NOIs have active authorizations for construction activities that are ongoing when this general permit expires on March 5, 2028,and a new general permit is issued, a 9o-day interim(grace)period is granted to provide coverage that is administratively continued until operators with active authorizations can obtain coverage under the newly issued CGP The 9o-day grace period starts on the effective date of the newly issued CGP 6. Contents of the NOI The NOI form shall require,at a minimum,the following information. (a) the TPDES CGP authorization number for existing authorizations under this general permit,where the operator submits an NOI to renew coverage within 90 days of the effective date of this general permit; (b) the name,address, and telephone number of the operator filing the NOI for permit coverage; (c) the name(or other identifier),address; county, and latitude/longitude of the construction project or site; (d) the number of acres that will be disturbed by the applicant; (e) the estimated construction project start date and end date; (f) confirmation that the project or site will not be located on Indian Country lands; (g) confirmation if the construction activity is associated with an oil and gas exploration,production,processing,or treatment,or transmission facility(see Part II.C.9.) (h) confirmation that the construction activities are not associated with the construction of a facility that is licensed for the storage of high-level radioactive waste by the United States Nuclear Regulatory Commission under 10 CFR Part 72(see Part (i) confirmation that a SWP3 has been developed in accordance with all conditions of this general permit,that it will be implemented prior to commencement of construction activities,and that it is compliant with any applicable local sediment and erosion control plans,for multiple operators who prepare a shared SWP3,the confirmation for an operator lay be limited to its obligations under the SWP3 provided all obligations are confirmed by at least one operator; (j) name of the receiving water(s); (lc) the classified segment numbelr for each classified segment that receives discharges from the regulated construction activity(if the discharge is not directly to a classified segment,then the classified segment number of the first classified segment that those discharges reach); and (1) the name of all surface waters receiving discharges from the regulated construction activity that are on the latest EPA-approved CWA§3o3(d)List of impaired waters or Texas Integrated Report of Surface Water Quality for CWA Sections 305(b)and 3o3(d)as not meeting applicable state water quality standards. 7 Notice of Change(NOC) (a) If relevant information provided in the NOI changes,the operator that has submitted the NOI must submit an NOC to TCEQ at least fourteen(14) days before the change occurs.Where a 14-day advance notice is not possible,the operator must submit an NOC to TCEQ within fourteen(14)days of discovery of the change.If the operator becomes aware that it failed to submit any relevant facts or submitted Page 22 Construction General Permit TPDES General Permit No.TXR150000 Part II,Section E incorrect information in an NOI,the correct information must be submitted to TCEQ in an NOC within fourteen(14)days after discovery (b) Information on an NOC may include,but is not limited to,the following: i. a change in the description of the construction project; ii. an increase in the number of acres disturbed(for increases of one(1) or more acres); iii. or the name of the operator(where the name of the operator has changed). (c) Electronic NOC. Applicants must submit an NOC using the online ePermits system available through the TCEQ website,or request and obtain a waiver from electronic reporting from the TCEQ All waivers from electronic reporting are not transferrable.Electronic reporting waivers expire on the same date as the authorization to discharge,except for temporary waivers that expire one(1)year from issuance.A copy of the NOC form or letter must also be placed in the SWP3 and provided to the operator of any MS4 receiving the discharge.Operators are authorized immediately following confirmation of receipt of the electronic form by the TCEQ,unless otherwise notified by the executive director (d) Paper NOC. Applicants who request and obtain an electronic reporting waiver shall submit the NOC on a paper form provided by the executive director,or by letter if an NOC form is not available. (e) A copy of the NOC form or letter must also be placed in the SWP3 and provided to the operator of any MS4 receiving the discharge.A list that includes the names and addresses of all MS4 operators receiving a copy of the NOC(or NOC letter)must be included in the SWP3.Information that may not be included on an NOC includes but is not limited to the following: i. transfer of operational,control from one operator to another,including a transfer of the ownership of a company A transfer of ownership of a company includes changes to the structure of a company,such as changing from a partnership to a corporation or changing corporation types, so that the filing or charter number that is on record with the Texas Secretary of State(SOS) must be changed. ii. coverage under this general permit is not transferable from one operator to another Instead,the new operator will need to submit an NOI or LREW,as applicable, and the previous operator will need to submit an NOT. iii. a decrease in the number of acres disturbed.This information must be included in the SWP3 and retained on site. 8. Signatory Requirement for NOI Forms,NOT Forms,NOC Forms,and Construction Site Notices NOI forms,NOT forms,NOC forms,and Construction Site Notices that require a signature must be signed according to 3o TAC§305.44(relating to Signatories for Applications) Page 23 Construction General Permit TPDES General Permit No.TXR150000 Part II,Section F Section F. Terminating Coverage 1. Notice of Termination(NOT)Required Each operator that has submitted an NOI for authorization of large construction activities under this general permit must apply to terminate that authorization following the conditions described in this section of the general permit. Authorization of large construction must be terminated by submitting an NOT electronically via the online ePermits system available through the TCEQ website,or on a paper NOT form to TCEQ supplied by the executive director with an approved waiver from electronic reporting.Authorization to discharge under this general permit terminates at midnight on the da'a paper NOT is postmarked for delivery to the TCEQ or immediately following confirmation of the receipt of the NOT submitted electronically by the TCEQ. Applicants must submit an NOT using the online ePermits system available through the TCEQ website,or request and obtain a waiver from electronic reporting from the TCEQ Waivers from electronic reporting are not transferrable and expire:on the same date as the authorization to discharge,except for temporary waivers that expire one(1)year from issuance. The NOT must be submitted to TCEQ, and a copy of the NOT provided to the operator of any MS4 receiving the discharge(with a list in the SWP3 of the names and addresses of all MS4 operators receiving a copy),within 3o days after any of the following conditions are met: (a) final stabilization has been achieved on all portions of the site that are the responsibility of the operator; (b) a transfer of operational control has occurred(See Section II.F.4.below);or (c) the operator has obtained alternative authorization under an individual TPDES permit or alternative TPDES general permit. Compliance with the conditions and requirements of this permit is required until the NOT is submitted and approved l y TCEQ 2. Minimum Contents of the NOT The NOT form shall require,at a minimum,the following information. (a) if authorization for construction activity was granted following submission of an NOI,the permittee's site-specific TPDES authorization number for a specific construction site; (b) an indication of whether final stabilization has been achieved at the site and a NOT has been submitted or if the permittee is simply no longer an operator at the site; (c) the name,address, and telephone number of the permittee submitting the NOT, (d) the name(or other identifier), address, county, and location(latitude/longitude)of the construction project or site;and (e) a signed certification that either all stormwater discharges requiring authorization under this general permit will no longer occur,or that the applicant is no longer the operator of the facility or construction site,and that all temporary structural erosion controls have_either been removed,will be removed on a schedule defined in the SWP3,or have been transferred to a new operator if the new operator has applied for permit coverage. Erosion controls that are designed to remain in place for an indefinite period,such as mulches and fiber mats,are not required to be removed or scheduled for removal. Page 24 Construction General Permit TPDES General Permit No.TXR150000 Part II,Section F 3. Termination of Coverage for Small Construction Sites and for Secondary Operators at Large Construction Sites (a) Each operator that has obtained automatic authorization for small construction or is a secondary operator for large construction must perform the following when terminating coverage under the permit: i. remove the TCEQ.site notice; ii. complete the applicable portion of the TCEQ site notice related to removal of the TCEQ site notice, and iii. submit a copy of the completed TCEQ site notice to the operator of any MS4 receiving the discharge(or provide alternative notification as allowed by the MS4 operator,with documentation of such notification included in the SWP3). (b) The activities described in Part II.F.3.(a) above must be completed by the operator within 3o days of meeting any of the following conditions: i. final stabilization has been achieved on all portions of the site that are the responsibility of the operator; ii. a transfer of day-to-day operational control over activities necessary to ensure compliance with the SWP3 and other permit conditions has occurred(See Section II.F.4.below); or iii. the operator has obtained alternative authorization under an individual or general TPDES permit. For Small Construction Sites and Secondary Operators at Large Construction Sites, authorization to discharge under this general permit terminates immediately upon removal of the applicable TCEQ construction site notice. Compliance with the conditions and requirements of this permit is required until the TCEQ construction site notice is removed.The construction site notice cannot be removed until final stabilization has been achieved. 4. Transfer of Day-to-Day Operational Control (a) When the primary operator If a large construction activity changes or operational control over activities necessary to ensure compliance with the SWP3 and other permit conditions is transferred to another primary operator,the original operator must do the following: i. submit an NOT within ten(io)days prior to the date that responsibility for operations terminates, and the new operator must submit an NOI at least ten (io)days prior to the transfer of operational control,in accordance with condition(c)below; and ii. submit a copy of the NOT from the primary operator terminating its coverage under the permit and its operational control of the construction site and submit a copy of the NOI from the new primary operator to the operator of any MS4 receiving the discharge in accordance with Part II.F.i.above. (b) For transfer of operational control,operators of small construction activities and secondary operators of large construction activities who are not required to submit an NOI must do the following: i. the existing operator must remove the original TCEQ construction site notice, and the new operator must post the required TCEQ construction site notice prior to the transfer of operational control,in accordance with the conditions in Part II.F.4.(c)i or ii below;and Page 25 Construction General Permit TPDES General Permit No.TXR1.50000 Part II,Section G ii. a copy of the TCEQ construction site notice,which must be completed and provided to the operator of any MS4 receiving the discharge,in accordance with Part II.F.3. above. (c) Each operator is responsible Ifor determining its role as an operator as defined in Part I.B.and obtaining authorization under the permit,as described above in Part II.E.1. -3.Where authorization has been obtained by submitting an NOI for coverage under this general permit,permit coverage is not transferable from one operator to another A transfer of operational control can include changes to the structure of a company, such as changing from a partnership to a corporation, or changing to a different corporation type such that a different filing(or charter) number is established with the Texas Secretary of State (SOS).A transfer of operational control can also occur when one of the following criteria is met, as applicable: i. another operator has assumed control over all areas of the site that do not meet the definition for final stabilization, ii. all silt fences and other temporary erosion controls have either been removed, scheduled for removal as defined in the SWP3,or transferred to a new operator, provided that the original permitted operator has attempted to notify the new operator in writing of the requirement to obtain permit coverage. Records of this notification(or attempt at notification)shall be retained by the operator transferring operational control to another operator in accordance with Part VI of this permit. Erosion controls that are designed to remain in place for an indefinite period,such as mulches and fiber mats,are not required to be removed or scheduled for removal, or iii. a homebuilder has purchased one_(1)or more lots from an operator who obtained coverage under this general permit for a common plan of development or sale.The homebuilder is considered a new operator and shall comply with the requirements of this permit.Under these circumstances,the homebuilder is only responsible for compliance with the general permit requirements as they apply to the lot(s)it has operational control over in a larger common plan of development,and the original operator remains responsible for common controls or discharges,and must amend its SWP3 to remove the lot(s) transferred to the homebuilder Section G. Waivers from Coverage The executive director may waive the{otherwise applicable requirements of this general permit for stormwater discharges from small construction activities under the terms and conditions described in this section. i. Waiver Applicability and Coverage Operators of small construction activities may apply for and receive a waiver from the requirements to obtain authorization under this general permit,when the calculated rainfall erosivity(R)factor for the entire period of the construction project is less than five(5). The operator must submit a Low Rainfall Erosivity Waiver(LREW)certification form to the TCEQ electronically via the online ePermits system available through the TCEQ website.The LREW form is a certification by the operator that the small construction activity will commence and be completed within a period when the value of the calculated R factor is less than five(5). Page 26 Construction General Permit TPDES General Permit No.TXRi50000 Part II,Section G Applicants who request and obtain an electronic reporting waiver shall submit the LREW on a paper form provided by the executive director at least seven(7) days prior to commencing construction activity to obtain provisional coverage 48-hours from the postmark date for delivery to the TCEQ An authorization is no longer provisional when the executive director fords the LREW is administratively complete, and an authorization number is issued to the permittee for the construction site indicated on the LREW Waivers from electronic reporting are not transferrable and expire on the same date as the authorization to discharge,except for temporary waivers that expire one(i)year from issuance. This LREW from coverage does not apply to any non-stormwater discharges,including what is allowed under this permit.The operator must ensure that all non-stormwater discharges are either authorized under a separate permit or authorization or are captured and routed to an authorized treatment facility for disposal. 2. Steps to Obtaining a Waiver The construction site operator may calculate the R factor to request a waiver using the following steps. (a) estimate the construction start date and the construction end date. The construction end date is the date that final stabilization will be achieved. (b) find the appropriate Erosivity Index(EI)zone in Appendix B of this permit. (c) find the EI percentage for th I project period by adding the results for each period of the project using the table provided in Appendix D of this permit,in EPA Fact Sheet 2.1,or in USDA Handbook 703,by subtracting the start value from the end value to find the percent EI for the site. (d) refer to the Isoerodent Map(Appendix C of this permit)and interpolate the annual isoerodent value for the proposed construction location. (e) multiply the percent value obtained in Step(c) above by the annual isoerodent value obtained in Step(d).This is the R factor for the proposed project. If the value is less than five(5),then a waiver niay be obtained. If the value is five(5)or more,then a waiver may not be obtained,and the operator must obtain coverage under Part II.E.2.of this permit. Alternatively,the operator may calculate a site-specific R factor utilizing the following online calculator https.//lew.epalgov/,or using another available resource. A copy of the LREW certification form is not required to be posted at the small construction site. 3. Effective Date of an LREW Unless otherwise notified by the executive director,operators of small construction activities seeking coverage under an LREW are provisionally waived from the otherwise applicable requirements of this general permit 48-hours from the date that a completed paper LREW certification form is postmarked for delivery to TCEQ,or immediately upon receiving confirmation of approval of an electronic submittal, made via the online ePermits system available through the TCEQ website. Applicants seeking coverage under an LREW must submit an application for an LREW using the online ePermits system available through the TCEQ website, or request and obtain a waiver from electronic reporting from the TCEQ Waivers from electronic reporting are not transferrable and expire on the same date as the authorization to discharge. Page 27 Construction General Permit TPDES General Permit No.TXR150000 Part II,Section H 4. Activities Extending Beyond the LREW Period If a construction activity extends beyond the approved waiver period due to circumstances beyond the control of the operator,the operator must either (a) recalculate the R factor using the original start date and anew projected ending date,and if the R factor is still under five(5),submit a new LREW form at least two (2)days before the end of the original waiver period,or (b) obtain authorization under this general permit according to the requirements for automatic authorization for small construction activities in Part II.E.2.of this permit,prior:to the end of the approved LREW period. Section H. Alternative TPDES Permit Coverage �. Individual Permit Alternative Any discharge eligible for coverage under this general permit may alternatively be authorized under an individual TIDES permit according to 3o TAC Chapter 305(relating to Consolidated Permits).Applications for individual permit coverage must be submitted at least 330 days prior to commencement of construction activities to ensure timely authorization.Existing coverage under this general permit should not be terminated until an individual permit is issued and in effect. 2. General Permit Alternative Any discharges eligible for authorization under this general permit may alternatively be authorized under a separate general permit according to 3o TAC Chapter 205(relating to General Permits for Waste Discharges), as applicable. 3. Individual Permit Required The executive director may require an operator of a construction site,otherwise eligible for authorization under this general permit,to apply for an individual TPDES permit in the following circumstances: (a) the conditions of an approved TMDL or TMDL I-Plan on the receiving water; (b) the activity being determined to cause,has a reasonable potential to cause,or contribute to a violation of water quality standards or being found to cause, or contribute to,the loss of a designated use of surface water in the state; and (c) any other consideration defined in 3o TAC Chapter 205(relating to General Permits for Waste Discharges)including 3o TAC§205.4(c)(3)(D),which allows the commission to deny authorization under the general permit and require an individual permit if a discharger has been determined by the executive director to have been out of compliance with any rule,order,or permit of the commission, including non-payment of fees assessed by the executive director A discharger with a TCEQ compliance history rating of"unsatisfactory"is ineligible for coverage under this general permit.In that case,3o TAC§6o.3 requires the executive director to deny or suspend an authorization to discharge under a general permit.However,per TWC§26.040(h),a discharger is entitled to a hearing before the commission prior to having an authorization denied or suspended for having an "unsatisfactory"compliance history Denial of authorization to discharge under this general permit or suspension of a permittee's authorization under this general permit for reasons other than compliance history shall be done according to commission rules in 3o TAC Chapter 205 (relating to General Permits for Waste Discharges). Page 28 Construction General Permit TPDES General Permit No.TXRi50000 Part II,Section I,Part III Section I. Permit Expiration ( 1. This general permit is effective for a term not to exceed five(5)years.All active discharge authorizations expire on the date provided on page one(i)of this permit. Following public notice and comment, as provided by 3o TAC§205.3(relating to Public Notice, Public Meetings,and Public Comment),the commission may amend,revoke,cancel,or renew this general permit.All authorizations that are active at the time the permit term expires will be administratively continued as indicated in Part II.I.2.below and in Part II.D.i.(b)and D.2.(b) of this permit. 2. If the executive director publishes a notice of the intent to renew or amend this general permit before the expiration date,the permit will remain in effect for existing,authorized discharges until the commission takes final action on the permit. Upon issuance of a renewed or amended permit,permittees may be required to submit an NOI within 90 days following the effective date of the renewed or amended permit,unless that permit provides for an alternative method for obtaining authorization. 3. If the commission does not propose to reissue this general permit within 90 days before the expiration date,permittees shall apply for authorization under an individual permit or an alternative general permit. If the application for an individual permit is submitted before the expiration date,authorization under this expiring general permit remains in effect until the issuance or denial Of an individual permit.No new NOIs will be accepted nor new authorizations honored under the general permit after the expiration date. Part III. Stormwater Pollution Prevention Plans(SWP3) All regulated construction site operators shall prepare an SWP3,prior to submittal of an NOI,to address discharges authorized under Parts II.E.2.and IT.E.3.of this general permit that will reach waters of the U.S.This,includes discharges to MS4s and privately owned separate storm sewer systems that drain into surface water in the state or waters of the U.S. Individual operators at a site may develop separate SWP3s that cover only their portion of the project,provided reference is made to the other operators at the site.Where there is more than one(i)SWP3 for a site,operators must coordinate to ensure that BMPs and controls are consistent and do not negate or impair the effectiveness of each other Regardless of whether a single comprehensive SWP3 is developed or separate SWP3s are developed for each operator,it is the responsibility of each operator to ensure compliance with the terms and conditions of this general permit in the areas of the construction site where that operator has control over construction plans and specifications or day-to-day operations. An SWP3 must describe the implementation of practices that will be used to minimize to the extent practicable the discharge of pollutants in stormwater associated with construction activity and non-stormwater discharges described in Part II.A.3.,in compliance with the terms and conditions of this permit. An SWP3 must also identify any potential sources of pollution that have been determined to cause,have a reasonable potential to cause,or contribute to a violation of water quality standards or have been found to cause or contribute to the loss of a designated use of surface water in the state from discharges of stormwater from construction activities and construction support activities.Where potential sources of these pollutants are present at a construction site,the SWP3 must also contain a description of the management practices that will be used to prevent these pollutants from being discharged into surface water in the state or waters of the U.S. NOTE. Construction support activities can also include vehicle repair areas,fueling areas,etc.that are present at a construction site solely for the support construction activities and are only used by operators at the construction site. Page 29 Construction General Permit TPDES General Permit No.TXRi50000 Part III, Section A&B The SWP3 is intended to serve as a road map for how the construction operator will comply with the effluent limits and other conditions of this permit.Additional portions of the effluent limits are established in Part IV of the permit. Section A. Shared SWP3 Development For more effective coordination of BMPs and opportunities for cost sharing,a cooperative effort by the different operators at a site is encouraged.Operators of small and large construction activities must independently obtain authorization under this permit but may work together with other regulated operators at the construction site to prepare and implement a single,comprehensive SWP3,which can be shared by some or all operators,for the construction activities that each of the operators are performing at the entire construction site. i. The SWP3 must include the following: (a) for small construction activities—the name of each operator that participates in the shared SWP3, (b) for large construction activities—the name of each operator that participates in the shared SWP3,the general permit authorization numbers of each operator(or the date that the NOI.was submitted to TCEQ by each operator that has not received an authorization number for coverage under this permit), and (c) for large and small construction activities —the signature of each operator participating in the shared SWP3. 2. The SWP3 must clearly indicate which operator is responsible for satisfying each shared requirement of the SWP3. If the responsibility for satisfying a requirement is not described in the plan,then each permittee is entirely responsible for meeting the requirement within the boundaries of the construction site where they perform construction activities.The SWP3 must clearly describe responsibilities for meeting each requirement in shared or common areas. 3. The SWP3 may provide that one operator is responsible for preparation of a SWP3 in compliance with the CGP, and another operator is responsible for implementation of the SWP3 at the project site. Section B. Responsibilities of Operators i. Secondary Operators and Primary Operators with Control Over Construction Plans and Specifications All secondary operators and primary operators with control over construction plans and specifications shall. (a) ensure the project specifications allow or provide that adequate BMPs are developed to meet the requirements of Part III of this general permit; (b) ensure that the SWP3 indicates the areas of the project where they have control over project specifications,including the ability to make modifications in specifications; (c) ensure that all other operators affected by modifications in project specifications are notified in a timely manner so that those operators may modify their BMP s as necessary to remain compliant with the conditions of this general permit; and Page 3o Construction General Permit TPDES General Permit No.TXR150000 Part III,Sections C&D (d) ensure that the SWP3 for portions of the project where each operator has control indicates the name and site-ispecific TPDES authorization number(s)for operators with the day-to-day operational control over those activities necessary to ensure compliance with the SWP3 and other permit conditions.If a primary operator has not been authorized or has abandoned the site,the secondary operator is considered to be the responsible party and must obtain authorization as a primary operator under the permit,until the authority for day-to-day operational control is transferred to another primary operator The new primary operator must update or develop a new SWP3 that will reflect the transfer of operational control and include any additional updates to the SWP3 to meet requirements of the permit. 2. Primary Operators with Day-to-Day Operational Control Primary operators with day-to-day operational control of those activities at a project that are necessary to ensure compliance with an SWP3 and other permit conditions must ensure that the SWP3 accomplishes the following requirements: (a) meets the requirements of this general permit for those portions of the project where they are operators; (b) identifies the parties responsible for implementation of BMPs described in the SWP3, (c) indicates areas of the project where they have operational control over day-to-day ' activities; and (d) the name and site-specific TPDES authorization number of the parties with control over project specifications, including the ability to make modifications in specifications for areas where they have operational control over day-to-day activities. Section C. Deadlines for SWP3 Preparation,Implementation, and Compliance The SWP3 must be prepared prior to obtaining authorization under this general permit,and implemented prior to commencing construction activities that result in soil disturbance.The SWP3 must be prepared so that it provides for compliance with the terms and conditions of this general permit. Section D. Plan Review and Malang Plans Available 1. The SWP3 must be retained on-site at the construction site or,if the site is inactive or does not have an on-site location to store the plan,a notice must be posted describing the location of the SWP3.The SWP3 must be made readily available at the time of an on-site inspection to: the executive director; a federal, state,or local agency approving sediment and erosion plans,grading plans,or stormwater management plans,local government officials; and the operator of a municipal separate storm sewer receiving discharges from the site.If the SWP3 is retained off-site,then it shall be made available as soon as reasonably possible.In most instances,it is reasonable that the SWP3 shall be made available within 24 hours of the request. NOTE.The SWP3 may be prepared and kept electronically,rather than in paper form,if the records are: (a)in a format that can be read in a similar manner as a paper record, (b)legally valid with no less evidentiary value than their paper equivalent;and(c) immediately accessible to the inspector during an inspection to the same extent as a paper copy stored at the site would be,if the records were stored in paper form. 2. Operators with authorization for construction activity under this general permit must post a TCEQ site notice at the construction site at a place readily available for viewing by the general public,and local,state, and federal authorities. Page 31 Construction General Permit TPDES General Permit No.TXR150000 Part III,Section E&F (a) Primary and secondary operators of large construction activities must each post a TCEQ construction site notice,respective to their role as an operator at the. construction site,as require above and according to requirements in Part II.E.3.of this general permit. (b) Primary and secondary operators of small construction activities must post the TCEQ site notice as required'n Part III.D.2.(a)above and for the specific type of small construction described in Part II.E.i. and 2.of the permit. (c) If the construction project is a linear construction project,such as a pipeline or highway,the notices must be placed in a publicly accessible location near where construction is actively underway TCEQ construction site notices for small and large construction activities at these linear construction sites may be relocated, as necessary, along the length of the project,but must still be readily available for viewing by the general public;local,state,and federal authorities; and contain the following information: i. the site-specific TPDES authorization number for the project if assigned, ii. the operator name, contact name,and contact phone number; iii. a brief description of the project; and iv the location of the SWP3. 3. This permit does not provide the general public with any right to trespass on a construction site for any reason,including inspection of a site; nor does this permit require that permittees allow members of the general public access to a construction site. Section E. Revisions and Updates to SWP3s The permittee must revise or update the SWP3,including the site map,within seven(7)days of when any of the following occurs. 1. a change in design,construction,operation,or maintenance that has a significant effect on the discharge of pollutants and that has not been previously addressed in the SWP3, 2. changing site conditions based on updated plans and specifications,new operators,new areas of responsibility,and changes in BMPs;or 3. results of inspections or investigations by construction site personnel authorized by the permittee,operators of a municipal separate storm sewer system receiving the discharge, authorized TCEQ personnel,or a federal,state or local agency approving sediment and erosion plans indicate the SWP3 is proving ineffective in eliminating or significantly minimizing pollutants in discharges authorized under this general permit. 1 Section F. Contents of SWP3 The SWP3 must be developed and implemented by primary operators of small and large construction activities and include,at a minimum,the information described in this section and must comply with the construction and development effluent guidelines in Part IV of the general permit. 1. A site or project description,which includes the following information. (a) a description of the nature of the construction activity; (b) a list of potential pollutants and their sources, (c) a description of the intended schedule or sequence of activities that will disturb soils for major portions of the site,including estimated start dates and duration of activities; Page 32 Construction General Permit TPDES General Permit No.TXR15oo00 Part III, Section F (d) the total number of acres of Ithe entire property and the total number of acres where construction activities will occur,including areas where construction support activities(defined in Part I.B. of this general permit)occur; (e) data describing the soil or the quality of any discharge from the site; (f) a map showing the general location of the site(e.g.,a portion of a city or county map); (g) a detailed site map(or maps indicating the following: i. property boundary(ies); ii. drainage patterns and approximate slopes anticipated before and after major grading activities; iii. areas where soil disturbance will occur(note any phasing),including any demolition activities; iv locations of all controls and buffers,either planned or in place; v locations where temporary or permanent stabilization practices are expected to be used, vi. locations of construction support activities,including those located off-site; vii. surface waters(including wetlands)either at,adjacent,or in close proximity to the site,and also indicate whether those waters are impaired, NOTE. Surface waters adjacent to or in close proximity to the site means any receiving waters within the site and all receiving waters within one mile downstream of the site's discharge point(s). viii. locations where stormwater discharges from the site directly to a surface water body or a municipal separate storm sewer system, ix. vehicle wash areas, and x. designated points on the site where vehicles will exit onto paved roads (for instance,this applies to construction transition from unstable dirt areas to exterior paved roads). Where the amount of information required to be included on the map would result in a single map being difficult to read and interpret,the operator shall develop a series of maps Ithatcollectively include the required information. (h) the location and description of support activities authorized under the permittee's NOI,including asphalt plants, concrete plants, and other activities providing support to the construction site that is authorized under this general permit; (i) the name of receiving waters at or near the site that may be disturbed or that may receive discharges from disturbed areas of the project; (j) a copy of this TPDES general permit(an electronic copy of this TPDES general permit or a current link to this TPDES general permit on the TCEQ webpage is acceptable); (k) the NOI and the acknowledgement of provisional and non-provisional authorization for primary operators of large construction sites,and the TCEQ site notice for small construction sites and for secondary operators of large construction sites, (I) if signatory authority is delegated by an authorized representative,then a copy of the formal notification to TCEQ,as required by 3o TAC 3o5.1.28 relating to Signatories to Reports must be filed in the SWP3 and made available for review upon request by TCEQ or local MS4 Operator For primary operators of large construction activities, the formal notification to TCEQ must be submitted either electronically through Page 33 Construction General Permit TPDES General Permit No.TXR150000 Part III, Section F STEERS,TCEQ's electronic reporting system,or,if qualifying for an electronic reporting waiver,by paper on a Delegation of Signatories form. For operators or small construction activities,the formal notification to TCEQ must be submitted by paper on a Delegation of Signatories form. (m) stormwater and allowable non-stormwater discharge locations,including storm drain inlets on site and in the immediate vicinity of the construction site where construction support activities will occur;and (n) locations of all pollutant-generating activities at the construction site and where construction support activities will occur,such as the following: Paving operations; concrete,paint and stucco washout and water disposal, solid waste storage and disposal, and dewatering operations. 2. A description of the BMPs that will be used to minimize pollution in runoff. The description must identify the general timing or sequence for installation and implementation.At a minimum,the description must include the following components. (a) General Requirements i. Erosion and sediment controls must be designed to retain sediment on-site to the extent practicable with consideration for local topography,soil type, and rainfall. ii. Control measures must be properly selected,installed,and maintained according to good engineering practices,and the manufacturer's or designer's specifications. iii. Controls must be developed to minimize the offsite transport of litter, construction debris,construction materials, and other pollutants required of Part IV.D (b) Erosion Control and Stabilization Practices The SWP3 must include a description of temporary and permanent erosion control and stabilization practices for the construction site,where small or large construction activity will occur The erosion control and stabilization practices selected by the permittee must be compliant with the requirements for sediment and erosion control,located in Part IV of this permit.The description of the SWP3 must also include a schedule of when the practices will be implemented. Site plans must ensure that existing vegetation at the construction site is preserved where it is possible. i. Erosion control and stabilization practices may include but are not limited to: establishment of temporary or permanent vegetation,mulching,geotextiles,sod stabilization,vegetative buffer strips,protection of existing trees and vegetation,slope texturing,temporary velocity dissipation devices,flow diversion mechanisms,and other similar measures. H. The following records must be maintained and either attached to or referenced in the SWP3,and made readily available upon request to the parties listed in Part III.D.i of this general permit: (A) the dates when major grading activities occur; (B) the dates when construction activities temporarily or permanently cease on a portion of the site; and (C) the dates when stabilization measures are initiated. iii. Erosion control and stabilization measures must be initiated immediately in portions of the site where construction activities have temporarily ceased and will not resume for a period exceeding fourteen(14) calendar days.Stabilization Page 34 Construction General Permit TPDES General Permit No.TXR1.50000 Part III, Section F measures that provide a protective cover must be initiated immediately in portions of the site where construction activities have permanently ceased.The term"immediately"is used to define the deadline for initiating stabilization measures. In the context of this requirement,"immediately"means as soon as practicable,but no later'than the end of the next work day,following the day when the earth-disturbing activities have temporarily or permanently ceased. Except as provided in(A)through(D)below,these measures must be completed as soon as practicable,but no more than fourteen(14)calendar days after the initiation of soil stabilization measures (A) where the immediate initiation of vegetative stabilization measures after construction activity has temporarily or permanently ceased due to frozen conditions,non-vegetative controls must be implemented until thawing conditions(as defined in Part I.B. of this general permit)are present,and vegetative stabilizationt measures can be initiated as soon as practicable. (B) in arid areas,semi-arid areas, or drought-stricken areas, as they are defined in Part I.B.of this general permit,where the immediate initiation of vegetative stabilization measures after construction activity has temporarily or permanently ceased or is precluded by arid conditions, other types of erosion control and stabilization measures must be initiated at the site as soon as practicable.Where vegetative controls are infeasible due to arid conditions, and within fourteen(14)calendar days of a temporary or permanent cessation of construction activity in any portion of the site,the operator shall immediately install non-vegetative erosion controls in areas of the construction site where construction activity is complete or has ceased.If non-vegetative controls are infeasible,the operator shall install temporary sediment controls as required in Part III.F.2.(b)iii.(C)below. (C) in areas where non vegetative controls are infeasible,the operator may alternatively utilize temporary perimeter controls.The operator must document in the SWP3 the reason why stabilization measures are not feasible,and must demonstrate that the perimeter controls will retain sediment on site to the extent practicable.The operator must continue to inspect the BMPs at the frequencies established in Part III.F.8.(c)for unstabilized sites. (D) the requirement for permittees to initiate stabilization is triggered as soon as it is known with reasonable certainty that construction activity at the site or in certain areas of the site will be stopped for 14 or more additional calendar days. If the initiation or completion of vegetative stabilization is prevented by circumstances beyond the control of the permittee,the permittee must employ and implement alternative stabilization measures immediately When conditions at the site changes that would allow for vegetative stabilization,then the permittee:must initiate or complete vegetative stabilization as soon as practicable. iv Final stabilization must be achieved prior to termination of permit coverage. v TCEQ does not expect that temporary or permanent stabilization measures to be applied to areas that are intended to be left un-vegetated or un-stabilized following construction(e.g.,dirt access roads,utility pole pads,areas being used for storage of vehicles,equipment,or materials). Page 35 Construction General Permit TPDES General Permit No.TXR150000 Part III,Section F (c) Sediment Control Practices The SWP3 must include a description of any sediment control practices used to remove eroded soils from stormwater runoff,including the general timing or sequence for implementation of controls. Controls selected by the permittee must be compliant with the requirements in Part IV of this permit. i. Sites With Drainage Areas of Ten(io)or More Acres (A) Sedimentation Basin(s) or Impoundments (i) A sedimentation basin or similar impoundment is required,where feasible,for a common drainage location that serves an area with ten (io)or more acres disturbed at one time.A sedimentation basin or impoundment may be temporary or permanent,and must provide sufficient storage to contain a calculated volume of runoff from a 2- year,24-hour storm from each disturbed acre drained.When calculating the volume of runoff from a 2-year,24-hour storm event,it is not required to include the flows from offsite areas and flow from onsite areas that are either undisturbed or have already undergone permanent stabilization,if these flows are diverted around both the disturbed areas of the site and the sediment basin or similar impoundment.Capacity calculations shall be included in the.SWP3. Sedimentation basins must be designed for and appropriate for controlling runoff at the site and existing detention or retention ponds at the site may not be appropriate. (2) Where rainfall data is not available,or a calculation cannot be performed,the sedimentation basin must provide at least 3,60o cubic feet of storage per acre drained until final stabilization of the site. (3) If a sedimentation basin or impoundment is not feasible,then the permittee shall provide equivalent control measures until final stabilization of the site.In determining whether installing a sediment basin or impoundment is feasible,the permittee may consider factors such as site soils,slope, available area,public safety,precipitation patterns,site geometry, site vegetation,infiltration capacity, geotechnical faetors, depth to groundwater,and other similar considerations.The permittee shall document the reason that the sediment basins or impoundments are not feasible,and shall utilize equivalent control measures,which may include a series of smaller sediment basinls or impoundments. (4) Unless infeasible,when discharging from sedimentation basins and impoundment, the permittee shall utilize outlet structures that withdraw water from the surface. (B) Perimeter Controls.)At a minimum,silt fences,vegetative buffer strips,or equivalent sediment controls are required for all down slope boundaries of the construction area,and for those side slope boundaries deemed appropriate as dictated by individual site conditions. ii. Controls for Sites with Drainage Areas Less than Ten(1o)Acres: (A) Sediment traps and sediment basins may be used to control solids in stormwater runoff for drainage locations serving less than ten(io)acres. At a minimum,silt fences,vegetative buffer strips,or equivalent sediment controls are required for all down slope boundaries of the construction area,and for those side slope boundaries deemed appropriate as dictated by individual site conditions. Page 36 Construction General Permit TPDES General Permit No.TXRi50000 Part III, Section F (B) Alternatively,a sediment basin that provides storage for a calculated volume of runoff from a 2-year, 24-hour storm from each disturbed acre drained may be utilized.Where rainfall data is not available or a calculation cannot be performed,a temporary or permanent sediment basin providing 3,60o cubic feet of storage per acre drained may be provided. If a calculation is performed,then the calculation shall be included in the SWP3. (C) If sedimentation basins or impoundments are used,the permittee shall comply with the requirements in Part IV.F of this general permit. 3. Description of Permanent Stormwater Controls A description of any stormwater control measures that will be installed during the construction process to control pollutants in stormwater discharges that may occur after construction operations have been completed must be included in the SWP3. Permittees are responsible for the installation and maintenance of stormwater management measures,as follows: (a) permittees authorized under the permit for small construction activities are responsible for the installation and maintenance of stormwater control measures prior to final stabilization of the site; or (b) permittees authorized under the permit for large construction activities are responsible for the installation and maintenance of stormwater control measures prior to final stabilization of the site and prior to submission of an NOT 4. Other Required Controls and BMPs (a) Permittees shall minimize,to the extent practicable,the off-site vehicle tracking of sediments and dust.The SWP3 shall include a description of controls utilized to control the generation of pollutants that could be discharged in stormwater from the site. (b) The SWP3 must include a description of construction and waste materials expected to be stored on-site and a description of controls to minimize pollutants from these materials. (c) The SWP3 must include a description of potential pollutant sources in discharges of stormwater from all areas of the construction site where construction activity, including construction support activities,will be located, and a description of controls and measures that will be implemented at those sites to minimize pollutant discharges. (d) Permittees shall place velocity dissipation devices at discharge locations and along the length of any outfall channel(i.e.,runoff conveyance)to provide a non-erosive flow velocity from the structure to a water course,so that the natural physical and biological characteristics and functions are maintained and protected. (e) Permittees shall design and utilize appropriate controls in accordance with Part IV. of this permit to minimize the offsite transport of suspended sediments and other pollutants if it is necessary to pump or channel standing water from the site. (f) Permittees shall ensure that all other required controls and BMPs comply with all of the requirements of Part IV of this general permit. (g) For demolition of any structure with at least io,000 square feet of floor space that was built or renovated before.January 1, 1980,and the receiving waterbody is impaired for polychlorinated biphenyls(PCBs) i. implement controls to minimize the exposure of PCB-containing building materials,including paint, caulk,and pre-198o fluorescent lighting fixtures to precipitation and to stormwater; and Page 37 Construction General Permit TPDES General Permit No.TXRi50000 Part III,Section F ii. ensure that disposal of such materials is performed in compliance with applicable state,federal;and local laws. 5. Documentation of Compliance with Approved State and Local Plans (a) Permittees must ensure that the SWP3 is consistent with requirements specified in applicable sediment and erosion site plans or site permits,or stormwater management site plans or site permits approved by federal,state,or local officials. (b) SWP3s must be updated as necessary to remain consistent with any changes applicable to protecting surface water resources in sediment erosion site plans or site permits,or stormwater management site plans or site permits approved by state or local official for which the permittee receives written notice. (c) If the permittee is required to prepare a separate management plan,including but not limited to a WPAP or Contributing Zone Plan in accordance with 3o TAC Chapter 213(related to the Edwards Aquifer),then a copy of that plan must be either included in the SWP3 or made readily available upon request to authorized personnel of the TCEQ.The Permittee shall maintain a copy of the approval letter for the plan in its SWP3. 6. Maintenance Requirements (a) All protective measures identified in the SWP3 must be maintained in effective operating condition. If,through inspections or other means, as soon as the permittee determines that BMPs are not operating effectively,then the permittee shall perform maintenance as necessary to maintain the continued effectiveness of stormwater controls,and prior to the next rain event if feasible. If maintenance prior to the next anticipated storm event is impracticable,the reason shall be documented in the SWP3 and maintenance must be scheduled and accomplished as soon as practicable. Erosion and sediment controls that have been intentionally disabled,run-over, removed,or otherwise rendered ineffective must be replaced or corrected immediately upon discovery (b) If periodic inspections or other information indicates a control has been used incorrectly,is performing inadequately, or is damaged,then the operator shall replace or modify the control)as soon as practicable after making the discovery (c) Sediment must be removed from sediment traps and sedimentation ponds no later than the time that design capiacity has been reduced by 5o%. For perimeter controls such as silt fences,berms,etc.,the trapped sediment must be removed before it reaches 5o%of the above-ground height. (d) If sediment escapes the site,accumulations must be removed at a frequency that minimizes off-site impacts, and prior to the next rain event,if feasible.If the permittee does not own or operate the off-site conveyance,then the permittee shall work with the owner or operator of the property to remove the sediment. 7 Observation and Evaluation of Dewatering Controls Pursuant to Part IV C.of this General Permit (a) Personnel provided by the permittee must observe and evaluate dewatering controls at a minimum of once per day on the days where dewatering discharges from the construction site occur.Personnel conducting these evaluations must be knowledgeable of this general permit,the construction activities at the site,and the SWP3 for the site. Personnel conducting these evaluations are not required to have signatory authority for reports under 3o TAC§305.128 (relating to Signatories to Reports). Page 38 Construction General Permit TPDES General Permit No.TXRi50000 Part III,Section F (b) Requirements for Observations and Evaluations i. A report summarizing the scope of any observation and evaluation must be completed within 24-hours following the evaluation.The report mustalso include,at a minimum,the following: (A) date of the observations and evaluation, (B) name(s) and title(s)of personnel making the observations and evaluation, (C) approximate times that the dewatering discharge began and ended on the day of evaluation, or if the dewatering discharge is a continuous discharge that continues after, normal business hours,indicate that the discharge is continuous(this information can be reported by personnel initiating the dewatering discharge), (D) estimates of the rate(in gallons per day)of discharge on the day of evaluation, (E) whether or not any indications of pollutant discharge were observed at the point of discharge 'e.g.,foam, oil sheen,noticeable odor,floating solids, suspended sediments,or other obvious indicators of stormwater pollution), and (F) major observations,including:the locations of where erosion and discharges of sediment or other pollutants from the site have occurred; locations of BMPs that need to be maintained,locations of BMPs that failed to operate as idesigned or proved inadequate for a particular location, and locations where additional BMPs are needed. ii. Actions taken as a result of evaluations,including the date(s)of actions taken, must be described within,and retained as a part of,the SWP3.Reports must identify any incidents of non-compliance.Where a report does not identify any incidents of non-compliance,the report must contain a certification that the facility or site is in compliance with the SWP3 and this permit.The report must be retained as part of the SWP3 and signed by the person and in the manner required by 3o TAC§305.128 (relating to Signatories to Reports). iii. The names and qualifications of personnel making the evaluations for the permittee may be documented once in the SWP3 rather than being included in each report. 8. Inspections of All Controls (a) Personnel provided by the permittee must inspect disturbed areas (cleared,graded, or excavated)of the construction site that do not meet the requirements of final stabilization in this general permit,all locations where stabilization measures have been implemented,areas of construction support activity covered under this permit, stormwater controls (including pollution prevention controls)for evidence of, or the potential for,the discharge of pollutants,areas where stormwater typically flows within the construction site,and points of discharge from the construction site. i. Personnel conducting these inspections must be knowledgeable of this general permit,the construction activities at the site,and the SWP3 for the site. ii. Personnel conducting these inspections are not required to have signatory authority for inspection reports under 3o TAC§305.128(relating to Signatories to Reports). Page 39 Construction General Permit TPDES General Permit No.TXR1500o0 Part III, Section F (b) Requirements for Inspections i. Inspect all stormwater c ntrols(including sediment and erosion control measures identified in the SWP3)to ensure that they are installed properly, appear to be operational,and minimizing pollutants in discharges,as intended. ii. Identify locations on the construction site where new or modified stormwater controls are necessary iii. Check for signs of visible erosion and sedimentation that can be attributed to the points of discharge where discharges leave the construction site or discharge into any surface water in the state flowing within or adjacent to the construction site. iv Identify any incidents of noncompliance observed during the inspection. v Inspect locations where vehicles enter or exit the site for evidence of off-site sediment tracking. vi. If and inspection is performed when discharges from the construction site are occurring:identify all discharge points at the site, and observe and document the visual quality of the discharge(i.e.,color, odor,floating,settled,or suspended solids,foam,oil sheen,and other such indicators of pollutants in stormwater). vii. Complete any necessary maintenance needed,based on the results of the inspection and in accordance with the requirements listed in Part III.F.6.above. (c) Inspection frequencies: i. Inspections of construction sites must be conducted at least once every fourteen (14)calendar days and within 24 hours of the end of.a storm event of o.5 inches or greater,unless as otherwise provided below in Part III.F.8.(c)ii. —v below (A) If a storm event produces o.5 inches or more of rain within a 24-hour period(including when there are multiple,smaller storms that alone produce less than 0:5 inches but together produce o.5 inches or more in 24 hours),you are required to conduct one inspection within 24 hours of when 0.5 inches of rain oil more has fallen.When the 24-hour inspection time frame occurs entirely outside of normal working hours,you must conduct an inspection by no later than the end of the next business day (B) If a storm event produces o.5 inches or more of rain within a 24-hour period on the first day of a storm and continues to produce o.5 inches or more of rain on subsequent days,you must conduct an inspection within 24 hours of the first day of the storm and within 24 hours after the last day of the storm that produces o.5 inches or more of rain(i.e., only two(2) inspections would be required for such a storm event) When the 24-hour inspection time frame occurs entirely outside of normal working hours,you must conduct an inspection by no later than the end of the next business day H. Inspection frequencies must be conducted at least once every month in areas of the construction site that meet final stabilization or have been temporarily stabilized. iii. Inspection frequencies for construction sites,where runoff is unlikely due to the occurrence of frozen conditions at the site,must be conducted at least once every month until thawing conditions begin to occur(see definitions for thawing conditions in Part I.B.).The SWP3 must also contain a record of the approximate beginning and ending dates of when frozen conditions occurred at the site,which resulted in inspections being conducted monthly,while those Page 4o Construction General Permit TPDES General Permit No.TXR150000 Part III, Section F conditions persisted,instead of at the interval of once every fourteen 04) calendar days and within 24 hours of the end of a storm event of o.5 inches or greater ' iv In arid,semi-arid,or drought-stricken areas,inspections must be conducted at least once every month and within 24 hours after the end of a storm event of o.5 inches or greater The SWP3 must also contain a record of the total rainfall measured,as well as the approximate beginning and ending dates of when drought conditions occurred at the site,which resulted in inspections being conducted monthly,while those conditions persisted,instead of at the interval of once every fourteen(i4)calendar days and within 24 hours of the end of a storm event of o.5 inches or greater v As an alternative to the inspection schedule in Part III.F.8.(c)i.above,the SWP3 may be developed to require that these inspections will occur at least once every seven(7)calendar days.If this alternative schedule is developed,then the inspection must occur regardless of whether or not there has been a rainfall event since the previous inspection. vi. The inspection procedures described in Part III.F.8.(c)i. —v above can be performed at the frequencies and under the applicable conditions indicated for each schedule option,provided that the SWP3 reflects the current schedule and that any changes to the schedule are made in accordance with the following provisions:the inspection frequency schedule can only be changed a maximum of once per calendar month and implemented within the first five(5)business days of a calendar month, and the reason for the schedule change documented in the SWP3(e.g.,end of"dry"season and beginning of"wet"season). (d) Utility line installation,pipeline construction,and other examples of long,narrow, linear construction activities may provide inspection personnel with limited access to the areas described in Part III.F.8.(a) above. i. Inspection of linear construction sites could require the use of vehicles that could compromise areas of temporary or permanent stabilization,cause additional disturbance of soils, and result in the increase the potential for erosion. In these circumstances,controls must be inspected at least once every fourteen(14)calendar days and within 24 hours of the end of a storm event of 0.5 inches or greater,but representative inspections may be performed. ii. For representative inspections,personnel must inspect controls along the construction site for o.25 mile above and below each access point where a roadway,undisturbed right-of-way,or other similar feature intersects the construction site and allows access to the areas described in Part III.F.8.(a) above.The conditions of the controls along each inspected o.25-mile portion may be considered as representative of the condition of controls along that reach extending from the end of the o.25-mile portion to either the end of the next o.25-mile inspected portion,or to the end of the project,whichever occurs first. As an alternative to the inspection schedule described in Part III.F.8.(c)i.above, the SWP3 may be developed to require that these inspections will occur at least once every seven(7)calendar days.If this alternative schedule is developed,the inspection must occur regardless of whether or not there has been a rainfall event since the previous inspection. iii. the SWP3 for a linear construction site must reflect the current inspection schedule.Any changes to the inspection schedule must be made in accordance with the following provisions. (A) the schedule may be changed a maximum of one time each month, Page 41 Construction General Permit TPDES General Permit No.TXR150000 Part III, Section F (B) the schedule change must be implemented at the beginning of a calendar month, and (C) the reason for the schedule change must be documented in the SWP3 (e.g., end of"dry"season and beginning of"wet"season). (e) Adverse Conditions. Requirements for inspections may be temporarily suspended for adverse conditions. Adverse conditions are conditions that are either dangerous to personnel(e.g.,high wind,excessive lightning)or conditions that prohibit access to the site(e.g., flooding,freezing conditions) Adverse conditions that result in the temporary suspension of a permit requirement to inspect must be documented and included as part of the SWP3. Documentation must include: i. the date and time of the adverse condition, H. names of personnel that witnessed the adverse condition, and iii. a narrative for the nature of the adverse condition. (f) In the event of flooding or other adverse conditions which prohibit access to the inspection sites,inspections must be conducted as soon as access is practicable. Inspection Reports. i. A report summarizing the scope of any inspection must be completed within 24-hours following the inspection.The report must also include the date(s)of the inspection and major observations relating to the implementation of the SWP3.Major observations in the report must include:the locations of where erosion and discharges of sediment or other pollutants from the site have occurred,locations of BMPs that need to be maintained,locations of BMPs that failed to operate as designed or proved inadequate for a particular location, and locations where additional BMPs are needed. H. Actions taken as a result,of inspections,including the date(s)of actions taken, must be described within,and retained as a part of,the SWP3. Reports must identify any incidents of non-compliance.Where a report does not identify any incidents of non-compliance,the report must contain a certification that the facility or site is in compliance with the SWP3 and this permit. The report must be retained as part of the SWP3,and signed by the person and in the manner required by 3o TAC§305.128 (relating to Signatories to Reports). iii. The names and qualifications of personnel making the inspections for the permittee may be documented once in the SWP3 rather than being included in each report. (g) The SWP3 must be modified based on the results of inspections,as necessary,to better control pollutants in runoff. Revisions to the SWP3 must be completed within seven(7) calendar days following the inspection. If existing BMPs are modified or if additional BMPs are necessary,an implementation schedule must be described in the SWP3 and wherever possible those changes implemented before the next storm event. If implementation before the next anticipated storm event is impracticable, these changes must be implemented as soon as practicable. If necessary,modify your site map to reflect changes to your stormwater controls that are no longer accurately reflected on the current site map. 9. The SWP3 must identify and ensure the implementation of appropriate pollution prevention measures for all eligible non-stormwater components of the discharge,as listed in Part II.A.3.of this permit. 10. The SWP3 must include the information required in Part III.B.of this general permit. Page 42 Construction General Permit TPDES General Permit No.TXR150000 Part IV,Section A ii. The SWP3 must include pollution prevention procedures that comply with Part IV.D of this general permit. Part IV. Erosion and Sediment Control Requirements Applicable to All Sites Except as provided in 4o CFR§§ 125L3o-125.32, any discharge regulated under this general permit,with the exception of sites that obtained waivers based on low rainfall erosivity,must achieve, at a minimum,the following effluent limitations representing the degree of effluent reduction attainable by application of the best practicable control,technology currently available(BPT).The BPT are also required by and must satisfy the Effluent Limitations Guideline(ELG)permitting requirement for application of 4o CFR§450.24 New Source Performance Standards (NSPS),40 CFR§450.22 Best Available Technology Economically Achievable(BAT), and 4o CFR§4501.23 Best Conventional Pollutant Control Technology (BCT). Section A. Erosion and Sediment Controls Design,install,and maintain effective erosion controls and sediment controls to minimize the discharge of pollutants.At a minimum,such controls must be designed,installed,and maintained to. i. control stormwater volume and velocity within the site to minimize soil erosion in order to minimize pollutant discharges; 2. control stormwater discharges,including both peak flowrates and total stormwater volume,to minimize channel and streambank erosion and scour in the immediate vicinity of discharge point(s), 3. minimize the amount of soil exposed during construction activity; 4. minimize the disturbance of steep slopes, 5. minimize sediment discharges from the site.The design,installation, and maintenance of erosion and sediment controls must address factors such as the amount,frequency, intensity and duration of precipitation,the nature of resulting stormwater runoff,and soil characteristics, including the range of soil particle sizes expected to be present on the site; 6. provide and maintain appropriate natural buffers around surface water in the state. Direct stormwater to vegetated areas and maximize stormwater infiltration to reduce pollutant discharges,unless infeasible.If providing buffers is infeasible,the permittee shall document the reason that natural buffers are infeasible and shall implement additional erosion and sediment controls to reduce sediment load, 7 preserve native topsoil at the site,unless the intended function of a specific area of the site dictates that the topsoil be disturbed or removed,or it is infeasible; and 8. minimize soil compaction. In areas of the construction site where final vegetative stabilization will occur or where infiltration practices will be installed,either. (a) restrict vehicle and equipment use to avoid soil compaction,or (b) prior to seeding or planting areas of exposed soil that have been compacted,use techniques that condition the soils to support vegetative growth,if necessary and feasible. Minimizing soil compaction is not required where the intended function of a specific area of the site dictates that it be compacted. 9. TCEQ does not consider stormwater control features(e.g., stormwater conveyance channels,storm drain inlets,sediment basins)to constitute"surface water"for the purposes of triggering the buffer requirement in Part IV.A.(6)above. Page 43 Construction General Permit TPDES General Permit No.TXRi50000 Part W,Section B,C,&D Section B. Soil Stabilization Stabilization of disturbed areas must,at a minimum,be initiated immediately whenever any clearing,grading,excavating,or other earth disturbing activities have permanently ceased on any portion of the site,or temporarily ceased on any portion of the site and will not resume for a period exceeding fourteen(14) calendar days. In the context of this requirement, "immediately"means as soon as practicable,but no later than the end of the next workday, following the day when the earth-disturbing activities have temporarily or permanently ceased.Temporary stabilization must be completed no more than fourteen(14)calendar days after initiation of soil stabilization measures,and fmal stabilization must be achieved prior to termination of permit coverage.In arid,semi-arid, and drought-stricken areas where initiating vegetative stabilization measures immediately is infeasible,alternative non- vegetative stabilization measures must be employed as soon as practicable.Refer to Part III.F.2.(b)for complete erosion control and stabilization practice requirements.In limited circumstances, stabilization may not be required if the intended function of a specific area of the site necessitates that it remain disturbed. Section C. Dewatering Discharges from dewatering activities,including discharges from dewatering of trenches and excavations,are prohibited,unless managed by appropriate controls to address sediment and prevent erosion.Operators must observe and evaluate the dewatering controls once per day while the dewatering discharge occurs as described in Part III.F.7 of this general permit. Section D. Pollution Prevention Measures Design,install,implement,and maintain effective pollution prevention measures to minimize the discharge of pollutants.At a minimum,such measures must be designed, installed,implemented,and maintained to 1. minimize the discharge of pollutants from equipment and vehicle washing,wheel wash water,and other wash waters.Wash waters must be treated in a sediment basin or alternative control that provides equivalent or better treatment prior to discharge; 2. minimize the exposure of building materials,building products,construction wastes, trash,landscape materials,fertilizers,pesticides,herbicides,detergents,sanitary waste, and other materials present on the site to precipitation and to stormwater; 3. minimize the exposure of waste materials by closing waste container lids at the end of the workday and during storm events.i For waste containers that do not have lids,where the container itself is not sufficiently secure enough to prevent the discharge of pollutants absent a cover and could leak,the permittee must provide either a cover(e.g., a tarp, plastic sheeting,temporary roof)to minimize exposure of wastes to precipitation, stormwater, and wind,or a similarly effective means designed to minimize the discharge of pollutants(e.g., secondary containment).Minimization of exposure is not required in cases where the exposure to precipitation and to stormwater will not result in a discharge of pollutants,or where exposure of a specific material or product poses little risk of stormwater contamination(such as final products and materials intended for outdoor use), ' 4. minimize exposure of wastes by implementing good housekeeping measures.Wastes must be cleaned up and disposed of in designated waste containers on days of operation at the site.Wastes must be cleaned up immediately if containers overflow; Page 44 Construction General Permit j TPDES General Permit No.TXRi50000 Part IV,Sections E&F, Part V 5. minimize the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures.Where a leak,spill,or other release containing a hazardous substance or oil in an amount equal to or in excess of a reportable quantity established under eithei 4o CFR Part no,40 CFR Part n7,or 4o CFR Part 302 occurs during a 24-hour period,you must notify the National Response Center(NRC)at (800)424-8802 in accordance with the requirements of 4o CFR Part no,40 CFR Part n7,and 40 CFR Part 302 as soon as you have knowledge of the release.You must also, within seven(7) calendar days of knowledge of the release,provide a description of the release,the circumstances leading to the release,and the date of the release; and 6. minimize exposure of sanitary waste by positioning portable toilets so that they are secure and will not be tipped or lznocked over,and so that they are located away from surface water in the state and stormwater inlets or conveyances. Section E. Prohibited Discharges The following discharges are prohibited. i. wastewater from wash out of concrete,unless managed by an appropriate control, 2. wastewater from wash out and cleanout of stucco,paint,form release oils,curing compounds and other construction materials; 3. fuels, oils,or other pollutants used in vehicle and equipment operation and maintenance; 4. soaps or solvents used in vehicle and equipment washing; and 5. toxic or hazardous substances fromm a spill or other release. Section F. Surface Outlets When discharging from basins and impoundments,utilize outlet structures that withdraw water from the surface,unless infeasible. If infeasible,the permittee must provide documentation in the SWP3 to support the determination,including the specific conditions or time periods when this exception will apply Part V. Stormwater Runoff from Concrete Batch Plants Discharges of stormwater runoff from concrete batch plants present at regulated construction sites and operated as,a construction support activity may be authorized under the provisions of this general permit,provided that the following requirements are met for concrete batch plant(s)authorized under this permit. Only the discharges of stormwater runoff and non-stormwater from concrete batch plants that meet the requirements of a construction support activity can be authorized under this permit(see the requirements for "Non-Stormwater Discharges"in Part II.A.3. and"Discharges of Stormwater Associated with Construction Support Activity"in Part II.A.2.). If discharges of stormwater runoff or non-stormwater from concrete batch plants are not authorized under this general permit,then discharges must be authorized under an alternative general permit or individual permit [see the requirement in Part II.A.2.(c)]. This permit does not authorize the discharge or land disposal of any wastewater from concrete batch plants at regulated construction sites.Authorization for these wastes must be obtained under an individual permit or an alternative general permit. Page 45 Construction General Permit TPDES General Permit No.TXR150000 Part V,Section A Section A. Benchmark Sampling Requirements 1. Operators of concrete batch plant authorized under this general permit shall sample the stormwater runoff from the concrete batch plants according to the requirements of this section of this general permit, and must conduct evaluations on the effectiveness of the SWP3 based on the following benchmark monitoring values: Table 1.Benchmark Parameters Benchmark Benchmark Value Sampling Sample Type Parameter Frequency Oil and Grease(*1) 15 mg/L 1/quarter(*2) (*3) Grab(*4) Total Suspended 5o mg/L 1/quarter(*2) (*3) Grab(*4) Solids(*1) pH . 6.o—9.o Standard Units. 1/quarter(*2) (*3) Grab(*4) Total Iron(*1) 1.3 mg/L 1/quarter(*2) (*3) Grab(*4) (*1) All analytical results for these parameters must be obtained from a laboratory that is accredited based on rules located in 3o TAC§ 25.4(a)or through the National Environmental Laboratory Accreditation Program(NELAP).Analysis must be performed using sufficiently sensitive methods for analysis that comply with the rules located in 4o CFR§§ 136.1(c) and 122.44(i)(1)(iv). (*2) When discharge occurs.Sampling is required within the first 3o minutes of discharge.If it is not practicable to take the sample, or to complete the sampling,within the first 30 minutes,sampling must be completed within the first hour of discharge. If sampling is not completed within the first 3o minutes of discharge,the reason must be documented and attached to all required reports and records of the sampling activity (*3) Sampling must be conducted at least once during each of the following periods. The first sample must be collected during the first full quarter that a stormwater discharge occurs from a concrete batch plant authorized under this general permit. January through March April through June July through September October.through December For projects lasting less than one full quarter,a minimum of one sample shall be collected,provided that a stormwater discharge occurred at least once following submission of the NOI or following the date that automatic authorization was obtained under Part II.E.2.,and prior to terminating coverage. (*4) A grab sample shall be collected from the stormwater discharge resulting from a storm event that is at least o.1 inches of measured precipitation that occurs at least 72 hours from the previously measurable storm event. The sample shall be collected downstream of the concrete batch plant, and where the discharge exits any BMPs utilized to handle the runoff from the batch plant,prior to commingling with any other water authorized under this general permit. Page 46 Construction General Permit TPDES General Permit No.TXR150000 Part V,Section B 2. The permittee must compare the results of sample analyses to the benchmark values above,and must include this comparison in the overall assessment of the SWP3's effectiveness.Analytical results that exceed a benchmark value are not a violation of this permit,as these values are not numeric effluent limitations. Results of analyses are indicators that modifications of the SWP3 should be assessed and may be necessary to protect water quality The operator must investigate the cause for each exceedance and must document the results of this investigation in the SWP3 by the end of the quarter following the sampling event. The operator's investigation must identify the following: (a) any additional potential sources of pollution, such as spills that might have occurred, (b) necessary revisions to good housekeeping measures that are part of the SWP3, (c) additional BMPs,including a schedule to install or implement the BMPs,and (d) other parts of the SWP3 that may require revisions in order to meet the goal of the benchmark values. Background concentrations of specific pollutants may also be considered during the investigation.If the operator is able to relate the cause of the exceedance to background concentrations,then subsequent exceedances of benchmark values for that pollutant may be resolved by referencing earlier findings in the SWP3. Background concentrations may be identified by laboratory analyses of samples of stormwater run-on to the permitted facility,by laboratory analyses of samples of stormwater run-off from adjacent non- industrial areas,or by identifying the pollutant is a naturally occurring material in soils at the site. Section B. Best Management Practices(BMPs) and SWP3 Requirements Minimum SWP3 Requirements —The;following are required in addition to other SWP3 requirements listed in this general permit,which include,but are not limited to the applicable requirements located in Part III.F.8.of this general permit,as follows: 1. Description of Potential Pollutant Sources—The SWP3 must provide a description of potential sources(activities and materials)that can cause,have a reasonable potential to cause or contribute to a violation of water quality standards or have been found to cause, or contribute to,the loss of a designated use of surface water in the state in stormwater discharges associated with concrete batch plants authorized under this permit. The SWP3 must describe the implementation of practices that will be used to minimize to the extent practicable the discharge of pollutants in stormwater discharges associated with industrial activity and non-stormwater discharges(described in Part II.A.3.of this general permit),in compliance with the terms and conditions of this general permit, including the protection of water quality,and must ensure the implementation of these practices. The following must be developed,at a minimum,in support of developing this description. (a) Drainage—The site map must include the following information. i. the location of all outfalls for stormwater discharges associated with concrete batch plants that are authorized under this permit; ii. a depiction of the drainage area and the direction of flow to the outfall(s); iii. structural controls used within the drainage area(s); Page 47 Construction General Permit TPDES General Permit No.TXR150000 Part V,Section B iv the locations of the following areas associated with concrete batch plants that are exposed to precipitation.vehicle and equipment maintenance activities (including fueling,repair,and storage areas for vehicles and equipment scheduled for maintenance); areas used for the treatment,storage,or disposal of wastes,liquid storage tanks;material processing and storage areas, and loading and unloading areas; and v the locations of the following:any bag house or other dust control device(s), recycle/sedimentation pond,clarifier or other device used for the treatment of facility wastewater(including the areas that drain to the treatment device); areas with significant materials,and areas where major spills or leaks have occurred. (b) Inventory of Exposed Materials—A list of materials handled at the concrete batch plant that may be exposed to stormwater and precipitation and that have a potential to affect the quality of stormwater discharges associated with concrete batch plants that are authorized under this general permit. (c) Spills and Leaks—A list of significant spills and leaks of toxic or hazardous pollutants that occurred in areas exposed to stormwater and precipitation and that drain to stormwater outfalls associated with concrete batch plants authorized under this general permit must be developed,maintained,and updated as needed. (d) Sampling Data—A summary of existing stormwater discharge sampling data must be maintained,if available. 2. Measures and Controls—The SWP3 must include a description of management controls to regulate pollutants identified in the SWP3's"Description of Potential Pollutant Sources"from Part V.B.i.of this permit, and a schedule for implementation of the measures and controls.This must include,at a minimum. (a) Good Housekeeping—Good housekeeping measures must be developed and implemented in the area(s) associated with concrete batch plants. i. Operators must prevent or minimize the discharge of spilled cement, aggregate (including sand or gravel),settled dust,or other significant materials from paved portions of the site that are exposed to stormwater Measures used to minimize the presence of these materials may include regular sweeping,or other equivalent practices.These practices must be conducted at a frequency that is determined based on consideration of the amount of industrial activity occurring in the area and frequency of precipitation,and shall occur at least once per week when cement or aggregate is being handled or otherwise processed in the area. ii. Operators must prevent the exposure of fine granular solids,such as cement,to stormwater Where practicable,these materials must be stored in enclosed silos,hoppers or buildings,in covered areas,or under covering. (b) Spill Prevention and Response Procedures—Areas where potential spills that can contribute pollutants to stormwater runoff and precipitation,and the drainage areas from these locations,must be identified in the SWP3.Where appropriate,the SWP3 must specify material handling procedures,storage requirements, and use of equipment. Procedures for cleaning up spills must be identified in the SWP3 and made available to the appropriate personnel. (c) Inspections—Qualified facility personnel(i.e.,a person or persons with knowledge of this general permit,the concrete batch plant,and the SWP3 related to the concrete batch plant(s)for the site)must be identified to inspect designated equipment and areas of the facility specified in the SWP3. Personnel conducting these inspections are not required to have signatory authority for inspection reports under 30 TAC§3°5.128.Inspections of facilities in operation must be performed Page 48 Construction General Permit TPDES General Permit No.TXRi50000 Part V,Section B once every seven(7)days.Inspections of facilities that are not in operation must be performed at a minimum of once per month.The current inspection frequency being implemented at the facility must be recorded in the SWP3.The inspection must take place while the facility is in operation and must, at a minimum,include all areas that are exposed to stormwater at the site,including material handling areas,above ground storage tanks,hoppers or silos, dust collection/containment systems,truck wash down and equipment cleaning areas. Follow-up procedures must be used to ensure that appropriate actions are taken in response to the inspections.Records of inspections must be maintained and be made readily available for inspection upon request. (d) Employee Training—An employee training program must be developed to educate personnel responsible for implementing any component of the SWP3,or personnel otherwise responsible for stormwater pollution prevention,with the provisions of the SWP3.The frequency of training must be documented in the SWP3,and at a minimum,must consist of one(i)training prior to the initiation of operation of the concrete batch plant. (e) Record Keeping and Internal Reporting Procedures—A description of spills and similar incidents,plus additional information that is obtained regarding the quality and quantity of stormwater discharges,must be included in the SWP3. Inspection and maintenance activities must be documented and records of those inspection and maintenance activities must be incorporated in the SWP3. (f) Management of Runoff—The SWP3 shall contain a narrative consideration for reducing the volume of runoff from concrete batch plants by diverting runoff or otherwise managing runoff,including use of infiltration,detention ponds,retention ponds,or reusing of runoff. 3. Comprehensive Compliance Evaluation—At least once per year,one or more qualified personnel(i.e.,a person or persons with knowledge of this general permit,the concrete batch plant,and the SWP3 related to the concrete batch plant(s)for the site) shall conduct a compliance evaluation of the plant.The evaluation must include the following: (a) visual examination of all areas draining stormwater associated with regulated concrete batch plants for evidence of,or the potential for,pollutants entering the drainage system.These include,but are not limited to: cleaning areas,material handling areas,above ground storage tanks,hoppers or silos,dust collection/containment systems,and truck wash down and equipment cleaning areas.Measures implemented to reduce pollutants in runoff(including structural controls and implementation of management practices).must be evaluated to determine if they are effective and if they are implemented in accordance with the terms of this permit and with the permittee's SWP3.The operator shall conduct a visual inspection of equipment needed to implement the SWP3,such as spill response equipment. (b) based on the results of the evaluation,the following must be revised as appropriate within two(2)weeks of the evaluation.the description of potential pollutant sources identified in the SWP3(as required in Part V.B.i.,"Description of Potential Pollutant Sources"); and pollution prevention measures and controls identified in the SWP3 (as required in Part V.B.2.,"Measures and Controls") The revisions may include a schedule for implementing the necessary changes. (c) the permittee shall prepare and include in the SWP3 a report summarizing the scope of the evaluation,the personnel making the evaluation,the date(s)of the evaluation, major observations relating to the implementation.of the SWP3,and actions taken in response to the findings of the evaluation.The report must identify any incidents of noncompliance.Where the report does not identify incidences of noncompliance, the report must contain a statement that the evaluation did not identify any Page 49 Construction General Permit TPDES General Permit No.TXR150000 Part V,,Section C; Part VI&VII incidence(s),and the report must be signed according to 3o TAC§.305.128(relating to Signatories to Reports) (d) the Comprehensive Compliance Evaluation may substitute for one of the required inspections delineated in Part V.B.2.(c) of this general permit. Section C. Prohibition of Wastewater Discharges Wastewater discharges associated with concrete production including wastewater disposal by land application are not authorized under this general permit.These wastewater discharges must be authorized under an alternative TCEQ water quality permit or otherwise disposed of in an authorized manner Discharges of concrete truck wash out at construction sites may be authorized if conducted in accordance with the requirements of Part VI of this general permit. Part VI. Concrete Truck Wash Out Requirements This general permit authorizes the land disposal of wash out from concrete trucks at construction sites regulated under this general permit,provided the following requirements are met.Any discharge of concrete production wastewater to surface water in the state must be authorized under a separate TCEQ general permit or individual permit. A. Discharge of concrete-truck wash out water to surface water in the state,including discharge to storm sewers,is prohibited by this general permit. B. Concrete truck wash out water shall be disposed in areas at the construction site where structural controls have been established to prevent discharge to surface water in the state,or to areas that have a minimal slope that allow infiltration and filtering of wash out water to prevent discharge to surface water in the state.Structural controls may consist of temporary berms,temporary shallow pits,temporary storage tanks with slow rate release, or other reasonable measures to prevent runoff from the construction site. C. Wash out of concrete trucks during rainfall events shall be minimized.The discharge of concrete truck wash out water is prohibited at all times,and the operator shall insure that its BMPs are sufficient to prevent the discharge of concrete truck wash out as the result of rainfall or stormwater runoff. D. The disposal of wash out water from concrete trucks,made under authorization of this general permit must not cause or contribute to groundwater contamination. E. If a SWP3 is required to be implemented,the SWP3 shall include concrete wash out areas on the associated site map. - Part VII. Retention of Records The permittee must retain the following records for a minimum period of three(3)years from the date that a NOT is submitted as required in Part II.F.i.and 2. of this permit. For activities in which an NOT is not required,records shall be retained for a minimum period of three(3)years from the date that the operator terminates coverage under Section II.F.3.of this permit.Records include: A. a copy of the SWP3, B. all reports and actions required by this permit,including a copy of the TCEQ construction site notice; C all data used to complete the NOI,if an NOI is required for coverage under this general permit; and D. all records of submittal of forms submitted to the operator of any MS4 receiving the discharge and to the secondary operator of a large construction site,if applicable. Page 5o Construction General Permit TPDES General Permit No.TXR150000 Part VIII Part VIII. Standard Permit Conditions A. The permittee has a duty to comply with all permit conditions. Failure to comply with any permit condition is a violation of the permit and statutes under which it was issued (CWA and TWC),and is grounds for enforcement action,for terminating,revoking and reissuance,or modification, or denying coverage under this general permit,or for requiring a discharger to apply for and obtain an individual TPDES permit,based on rules located in TWC§23.086,30 TAC§305.66,and 4o CFR§ 122.41(a) B. Authorization under this general ipermit may be modified, suspended,revoked and reissued,terminated or otherwise suspended for cause,based on rules located in TWC§ 23.086,3o TAC§305.66, and 40�CFR§122.41(f).Filing a notice of planned changes or anticipated non-compliance by the permittee does not stay any permit condition.The_ permittee must furnish to the executive director,upon request and within a reasonable time,any information necessary for the executive director to determine whether cause exists for modifying,revoking and reissuing,terminating or,otherwise suspending authorization under this permit,based on rules located in TWC§23.086,3o TAC§ 305.66,and.4o CFR§122.41 (h) Additionally,the permittee must provide to the executive director,upon request,copies of all records that the permittee is required to maintain as a condition of this general permit C. It is not a defense for a discharger in an enforcement action that it would have been necessary to halt or reduce the permitted activity to maintain compliance with the permit conditions. D. Inspection and entry shall be allowed under TWC Chapters 26-28,Texas Health and Safety Code§§361.032-361.033and 361.037,and 40 CFR§ 122.41(i).The statement in TWC§26.014 that commission entry of a facility shall occur according to an establishment's rules and regulations concerning safety,internal security,and fire protection is not grounds for denial or restriction of entry to any part of the facility or site,but merely describes the commission's duty to observe appropriate rules and regulations during an inspection. E. The discharger is subject to administrative,civil,and criminal penalties,as applicable, under TWC Chapter 7 for violations including but not limited to the following: 1. negligently or knowingly violating the federal CWA§§301,302,306,307,308,318, or 405,or any condition or limitation implementing any sections in a permit issued under CWA§402, or any requirement imposed in a pretreatment program approved under CWA§§402(a)(3)or 402(b)(8); 2. knowingly making any false statement,representation,or certification in any record or other document submitted or required to be maintained under a permit, including monitoring reportsi or reports of compliance or noncompliance;,and 3. knowingly violating CWA§303 and placing another person in imminent danger of death or serious bodily injury F. All reports and other information requested by the executive director must be signed by the person and in the manner required by 3o TAC§305.128(relating to Signatories to Reports). G. Authorization under this general permit does not convey property or water rights of any sort and does not grant any exclusive privilege. H. The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. Page 51 Construction General Permit TPDES General Permit No.TXR150000 Part IX I. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control(and related appurtenances)that are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures.This provision requires the operation of back-up or auxiliary facilities or similar systems that are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. J. The permittee shall comply with the monitoring and reporting requirements in 40 CFR§ 122.41(j) and(1), as applicable. K. Analysis must be performed using sufficiently sensitive methods for analysis that comply with the rules located in 40 CFR§§ 136.1(c) and 122.44(i)(1)(iv). Part IX. Fees A. A fee of must be submitted along with the NOI. 1. $225 if submitting an NOI electronically,or 2. $325 if submitting a paper NOI. B. Fees are due upon submission of the NOI.An NOI will not be declared administratively complete unless the associated feel,has been paid in full. C. No separate annual fees will be assessed for this general permit.The Water Quality Annual Fee has been incorporated into the NOI fees as described above. Page 52 Construction General Permit TPDES General Permit No.TXR150000 Appendix A Appendix A:Automatic Authorization Periods of Low Erosion Potential by County—Eligible Date Ranges Andrews:Nov 15-Apr.30 Foard. Dec.15-Feb.14 ArcherDec. 15-Feb.14 Gaines:Nov 15-Apr 30 Armstrong:Nov 15-Apr 30 Garza.Nov 15-Apr 30 Bailey Nov 1-Apr 30,or Nov 15-May 14 Glasscock:Nov 15-Apr 30 Baylor Dec.15-Feb.14 Hale:Nov 15-Apr.30 Borden.Nov 15-Apr.3o Hall.Feb. -Mar 30 Brewster Nov 15-Apr 3o Hansford.Nov 15-Apr.30 Briscoe:Nov 15-Apr 3o Hardeman.Dec.15-Feb.14 Brown.Dec.15-Feb.14 Hartley Nov 15-Apr 30 Callahan.Dec.15-Feb.14 Haskell.Dec.15-Feb.14 Carson.Nov 15-Apr 3o Hockley Nov 1-Apr 14,or Nov 15-Apr 30 Castro:Nov 15-Apr 3o Howard.Nov 15-Apr 30 Childress:Dec.15-Feb.14 Hudspeth.Nov 1-May 14 Cochran.Nov 1-Apr 30,or Nov 15-May 14 Hutchinson.Nov 15-Apr 30 Coke: Dec.15-Feb.14 Irion:Dec.15-Feb.14 Coleman.Dec.15-Feb.14 Jeff Davis:Nov 1-Apr.30 or Nov 15-May 14 Collingsworth:Jan.1-Mar.30,or Dec.1-Feb.28 Jones:Dec.15-Feb. 14 Concho:Dec.15-Feb.14 Kent:Nov 15-Jan.14 or Feb.1-Mar 30 Cottle:Dec.15-Feb.14 Kerr Dec.15-Feb.14 Crane:Nov 15-Apr.3o Kimble:Dec.15-Feb.14 Crockett:Nov 15-Jan.14,or Feb.1-Mar.3o King:Dec.15-Feb.14 Crosby Nov 15-Apr 30 Kinney Dec.15-Feb.14 Culberson.Nov 1-May 14 Knox:Dec. -Feb.14 Dallam:Nov 1-Apr 14,or Nov 15-Apr 3o Lamb:Nov 1-Apr 14,or Nov 15-Apr 30 Dawson.Nov 15-Apr 3o Loving:Nov 1-Apr 30,or Nov 15-May 14 Deaf Smith.Nov 15-Apr.3o Lubbock:Nov 15-Apr 30 Dickens:Nov 15-Jan.14,or Feb.1-Mar.30 Lynn.Nov 15-Apr 30 Dimmit:Dec.15-Feb.14 Martin.Nov 15-Apr.30 Donley Jan.1-Mar 30,or Dec.1-Feb.28 Mason.Dec. -Feb.14 Eastland.Dec.15-Feb.14 Maverick:Dec.15-Feb.14 McCulloch. Dec. _Feb.14 Ector Nov 15-Apr.3o Menard.Dec.15-Feb.14 Edwards:Dec.15-Feb.14 Midland.Nov 15-Apr 30 El Paso:Jan.1-Jul.14,or May 15-Jul.31,or Jun. Mitchell.Nov 15-Apr.30 -Aug.14,or Jun.15-Sept.14,or Jul.1-Oct.14,or Jul.15=Oct.31,or Aug.1-Apr 30,or Aug.15-May Moore:Nov 15-Apr 30 14,or Sept.1-May 30,or Oct.1-Jun.14,or Nov 1- Jun.30,or Nov 15-Jul.14 Motley Nov 15-Jan.14,or Feb.1-Mar 30 Fisher Dec. -Feb.14 Nolan.Dec.15-Feb.14 Floyd.Nov 15-Apr 3o Oldham:Nov 15-Apr 30 Page 53 Construction General Permit TPDES General Permit No.TXR150000 Appendix A Parmer Nov 1-Apr 14,or Nov 15-Apr 30 Swisher Nov 15-Apr 30 Pecos:Nov 15-Apr 3o Taylor.Dec.is-Feb.14 Potter Nov 15-Apr 30 Terrell.Nov 15-Apr 3o Presidio:Nov 1-Apr 3o,or Nov 15-May 14 Terry Nov 15--Apr 3o Randall.Nov 15-Apr 30 Throckmorton. Dec.15-Feb.14 Reagan.Nov 15-Apr 3o Tom Green. Dec.15-Feb.14 Real.Dec.15-Feb.14 Upton.Nov 15-Apr 3o Reeves:Nov 1-Apr 30,or Nov 15-May 14 Uvalde: Dec.15-Feb.14 Runnels:Dec.15-Feb.14 Val Verde:Nov 15-Jan.14,or Feb.1-Mar 30 Schleicher Dec.15-Feb.14 Ward.Nov 1-Apr 14,or Nov 15-Apr 30 Scurry Nov 15-Apr 3o Wichita. Dec.15-Feb.14 Shackelford.Dec.15-Feb.14 Wilbarger Dec.15-Feb.14 Sherman.Nov 15-Apr 3o Winkler Nov 1-Apr 3o,or Nov 15-May 14 Stephens:Dec.15-Feb.14 Yoakum.Nov 1-Apr.3o,or Nov 15-May 14 Sterling:Nov 15-Apr 3o Young:Dec.15-Feb.14 Stonewall.Dec. -Feb.14 Wheeler Jan.1-Mar 3o,or Dec.1-Feb.28 Sutton.Dec.15-Feb.14 Zavala. Dec.15.-Feb.14 Page 54 Construction General Permit TPDES General Permit No.TXRi50000 Appendix B Appendix B: Storm Erosivity(EI)Zones in Texas , :.. - r s. +r•,4 i a ,,� f-s3 ®7 'r• r . s w PM �a••�. q - .i_� • 78 • • - 1 s s'. • 411•4. 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" 4a♦•er6•a..��r1+-�aOP �tiaw7■1! •` T�.4 a ' . ,: fed i — w ♦••. •a• d• 64 l+�a* PR*, ♦wr+.•w+r.ar . •• •. p er•. . ".'• , ' •A i.• ia - ',.••.•.ri •rrY"-' .., ♦ Y• Y,4 a.lc:*i• ■■S i r.••an'. 1•4•• • We •', 41•,••.7• i'r•rw.r. •,. ' - •9 a i.t a Sal Gar l al! I. • ' • •+• •� • .'• ' .••..♦•s♦.If.1�r ism am s• t.• tar t♦a Ira— e• • ' Isar •■ • •"�.•. _•�•• • ••r♦ ♦•♦••4••• —a®a to to a r•.. 1r 7• - ..' - a r .,•,• ♦•4••♦ •4 I i.a•a a►—S a {�, "•,. • ••. • i ,',�'��..J+•'i;,♦ •.....y. '•- .IP MO a IMr a MO a• .;}i�l •'•,', •1 9•••fir r .'•;t ..f+'•. •1 .. i►i. •4iY1 r '�•�'• 4' *r h ' t* f ' 1,'y„ ,•., .r ,, -.dirt as.- I'I • .. •_� s' •'e•a.•, .el..:''��,' .'••' •:1 '•1 R ts••w a••••sr!1!r�. .. t..•2r ,. 1 r i t •Y r ''••:'.. . • s...•,•••�s.•..— 1 •— ':':: .. • a -•r,I..: SIR. swww•I54 �'; PM Mr PC,Owf_ tn....14 a ali OM a . � i:� y•? I� • `__..% •e .j}l Figure B.EI Distribution Zones Adapted from Chapter 2 of USDA Agriculture Handbook 703. "Predicting Soil Erosion by Water•A Guide to Conservation Planning With the Revised Universal Soil Loss Equation(RUSLE),"U.S.Department of Agriculture,Agricultural Research Service Page 55 Construction General Permit TPDES General Permit No.TXR150000 Appendix C Appendix C: Isoerodent Map If NI ri • .1.4111 4111parg„iiiii.5041. INAtrillrinialwarliralre %Vim 11"'!--iri . 111UW/11111FiratAray 40,11014101.40-114,4. ir -aiteArirk \11111��11 .ri t�� iw r obi iilletrirt. aniniumre miring" D llI I'//1$A' �.I11TII1j j '4,161 linirigr*F411°4000,- "Mlitird fli ktf4.11404,11W-101f1 20 4A114/0411111rjairititrile)4 eir4rAl°01.0.4k- Iriffii ritanirir r 4,P till*VististAi...' ly NI 1 1 aito10°4 40:111146 FrOtilvAger- Y ■■istMAI,Ors°*110.1rs .� ` �' 7' FORE i‘VP‘O% " rila an Dim 1611, 260 4r uiLAIPI 2ThL`:........ 7 1 Y—sue. Figure C.Isoerodent Map of Texas.Units are hundreds ft*tonf*in(ac*h*yr)-1 Adapted from Chapter 2 of USDA Agriculture Handbook 703. `Predicting Soil Erosion by Water A Guide to Conservation Planning With the Revised Universal Soil Loss Equation(RUSLE),"U.S.Department of Agriculture,Agricultural Research Service Page 56 Construction General Permit TPDES General Permit No.TXR150000 Appendix D Appendix D: Erosivity Indices for EI Zones in Texas Table D.EI as percentage of average annual computed selected geographic areas(EI number)by date period(month/day). Date Periods*(Month/Day) EI 1/1 1/16 1/31 2/15 3/1 3/i6 3/31 4/15 4/3o 5/15 5/3o 6/14 6/29 7/14 7/29 8/13 8/28 9/12 9/27 10/12 1o/27 11/11 11/26 12/11 12/31 89 0 1 1 2 3 4 7 2 8 27 38 48 55 62 69 76 83 90 94 97 98. 99 100 100 100 90 0 1 2 3 4 6 8 13 21 29 37 46 54 6o 65 69 74 81 87 92 95 97 98 99 100 91 o 0 0 oil 1 2 6 16 29 39 46 53 60 67 74 81 88 95 99 99 100 100 100 92 0 - 0 0 oil 1 2 6 16 29 39 46 53 60 67 74 81 88 95 99 99 100 100 100 93 0 1 1 2 3 4 6 8 13 25 40 49 56 62 67 72 76 8o 85 91 97 98 99 99 100 94 0 1 2 4 6 8 10 15 21 29 38 47 53 57 61 65 7o 76 83 88 91 94 . 96 98 100 95 0 1 3 5 7 9 11 14 18 27 35 41 46 51 57 62 68 73 79 84 89 93 96 98 100 96 0 2 4 6 9 12 17 23 30 37 43 49 54 58 62 66 7o 74 78 82 86 90 94 97 100 97 0 1 3 5 7 10 14 20 28 37 48 56 61 64 68 72 77 81 86 89 92 95 98 99 100 io6 0 3 6 9 13 17 21 27 33 38 44 49 55 61 67 71 75 78 81 84 86 90 94 97 100 `Each period begins on the date listed in the table above and lasts until the clay before the following period.The final period begins on December 1i and ends on December 31. ''able.adapted from Chapter 2 of USDA Agriculture Handbook 703. "Predicting Soil Erosion by.Water•A Guide to Conservation Planning With the Revised Universal Soil Loss ?question(RUSLE),"U.S..Department of Agriculture,Agricultural Research Service. Page 57 Page 478 of 539 ti W Alik°HME�T•��JX TCEQ Large Construction Site Notice Primary Operator Large construction sites disturb more than five acres or are part of a larger common plan of development that disturbs more than five acres. Primary operators of large construction sites will fill out this notice. Primary operators will then post this notice at the construction site in a location where it is safely and readily available for viewing by the general public and local, state, and federal authorities.Additional information about the TCEQ Construction Stormwater General Permit may be found on TCEQ's webpage on Assistance Tools for Construction Stormwater General Permits. Note: You must also develop a Stormwater Pollution Prevention Plan prior to the commencement of construction. Site-Specific TPDES Authorization Number: TXR1S Primary Operator Name: Contact Name and Phone Number: Project Description: Physical Location/Description Estimated Start Date Projected End Date or Date Disturbed Soils Will Be Stabilized _ Location of Stormwater Pollution Prevention Plan (SWP3): TCEQ 20961 (12-19-2022) Page 1 of 1 Page 479 of 539 14 00MMISS ph '1.141N TCEQ Large Construction Site Notice Secondary Operator Large construction sites disturb more than five acres or are part of a larger common plan of development that disturbs more than five acres. Secondary operators of large construction sites will fill out this notice. Secondary operators will then post this notice at the construction site in a location where it is safely and readily available for viewing by the general public and local, state, and federal authorities.Additional information about the TCEQ Construction Stormwater General Permit may be found on TCEQ's webpage on Assistance Tools for Construction Stormwater General Permits. Note: You must also develop a Stormwater Pollution Prevention Plan prior to the commencement of construction. Site-Specific TPDES Authorization Number: TXR15 Secondary Operator Name: Contact Name and Phone Number: Project Description: Physical Location/Description Estimated Start Date Projected End Date or Date Disturbed Soils Will Be Stabilized Location of Stormwater Pollution Prevention Plan (SWP3): For Large Construction Activities Authorized Under Part ll.E.3 (Obtaining Authorization to Discharge) the following certification must be completed: I (Typed or Printed Name Person Completing This Certification) certify under penalty of law that I have read and understand the eligibility requirements for claiming an authorization under Part II.E.3. of TPDES General Permit TXR150000 and agree to comply with the terms of this permit.A stormwater pollution prevention plan has been developed and will be implemented prior to construction, according to permit requirements.A copy of this signed notice is supplied to the operator of the Municipal Separate Storm Sewer System(MS4) if discharges enter an MS4. I am aware there are significant penalties for providing false information or for conducting unauthorized discharges,including the possibility of fine and imprisonment for knowing violations. Signature and Title Date Name of MS4 Operator notified. and Date notified(per Part II.F.3.): Date Site Notice Removed TCEQ 20962'(12-19-2022) Page 1 of 1 Page 480 of 539 +'S��MMSSOy. °= TCEQ Small Construction Site Notice Small construction sites disturb at least one but less than five acres or are part of a larger common plan of development or sale that disturbs between one and five acres. Operators of small construction sites will fill out this notice. Operators will then post this notice at the construction site in a location where it is safely and readily available for viewing by the general public and local, state, and federal authorities.Additional information about the TCEQ Construction Stormwater General Permit may be found on TCEQ's webpage on Assistance Tools for Construction Stormwater General Permits. Note: You must also develop a Stormwater Pollution Prevention Plan prior to the commencement of construction. Operator Name: Contact Name and Phone Number: Project Description: Physical.Location/Description Estimated Start Date Projected End Date or Date Disturbed Soils Will Be Stabilized Location of Stormwater Pollution Prevention Plan (SWP3): For Small Construction Activities Authorized Under Part II.E.2. (Obtaining Authorization to Discharge) the following certification must be completed. I (Typed or Printed Name Person Completing This Certification) certify under penalty of law that I have read and understand the eligibility requirements for claiming an authorization under Part 11.E.2. of TPDES General Permit TXR150000 and agree to comply with the terms of this permit.A stormwater pollution prevention plan has been developed and will be implemented prior to construction, according to permit requirements.A copy of this signed notice is supplied to the operator of the Municipal Separate Storm Sewer Systems (MS4)if discharges enter an MS4. I.am aware there are significant penalties for providing false information or for conducting unauthorized discharges,including the possibility of fine and imprisonment for knowing violations. Signature and Title Date Name of MS4 Operator notified. and Date notified (per Part H.F.3.): Date Site Notice Removed TCEQ 20963 (12-19-2022) Page 1 of 1 Page 481 of 539 �y21MMJJ S ©� m y74°J41111'° TCEQ Small Construction Site Notice: Low Potential for Erosion Small construction sites disturb at least one but less than five acres and are NOT part of a larger common plan of development or sale that will disturb five or more acres. Operators of small construction sites with low potential for erosion will fill out this notice. Operators will then post this notice at the construction site in a location where it is safely and readily available for viewing by the general public and local, state, and federal authorities.Additional information regarding the TCEQ Construction Stormwater General Permit may be found on TCEQ's webpage on Assistance Tools for Construction Stormwater General Permits. Operator Name: Contact Name and Phone Number: Project Description: Physical Location/Description Estimated Start Date Projected End Date or Date Disturbed Soils Will Be Stabilized For Small Construction Sites with Low Potential for Erosion, the following certification must be completed: I (Typed or Printed Name Person Completing This Certification) certify under penalty of law that I have read and understand the eligibility requirements for claiming an automatic authorization based on low rainfall erosivity under Part II.E.1. of TPDES General Permit TXR150000 and agree to comply with the terms of this permit. Construction activities at this site shall occur within a time period listed in Appendix A of the TPDES general permit for this county, that period beginning on and ending on I understand that if construction activities continue past this period, all stormwater runoff must be authorized under a separate provision of the general permit.A copy of this signed notice is supplied to the operator of the Municipal Separate Storm Sewer Systems(MS4)if discharges enter an MS4.I am aware there are significant penalties for providing false information or for conducting unauthorized discharges,including the possibility of fine and imprisonment for knowing violations. Signature and Title Date Name of MS4 Operator notified. and Date notified(per Part H.F 3.): Date Site Notice Removed: TCEQ 20964 (12-19-2022) Page 1 of 1 Page 482 of 539 Section 01580 PROJECT IDENTIFICATION SIGNS 1.0 GENERAL 1.01 SECTION INCLUDES A Project identification sign description. B Installation. C Maintenance and removal. 1.02 UNIT PRICES A. No separate payment will be made for design, fabrication, installation, and maintenance of project identification signs under this Section. Include cost of work performed under this Section in the pay item for Section 01505 -Mobilization. B If changes to project identification signs are requested by the City Engineer to keep them current,payment will be made by change order C Skid-mounted signs shall be relocated as directed by the City Engineer at no additional cost to the City Post-mounted signs shall be relocated once, if directed in writing by the City Engineer,at no additional cost to the City If a post-mounted sign is relocated more than once at the written direction of the City Engineer, payment will be made by change order. 1.03 SYSTEM DESCRIPTION A. Sign Construction. Project identification signs shall be constructed of new materials and painted new for the project. Construct post-mounted signs as shown on Construction Sign Details. B Appearance Project identification signs shall be maintained to present a clean and neat look throughout the project duration. C Sign Manufacturer/Maker Experienced as a professional sign company D Sign Placement: Place signs at locations as directed by the City Engineer The City Engineer will provide' sign placement instructions at the Pre-construction Meeting. 1 A linear project is one involving paving, overlay, sewer lines, storm drainage, or water mains that run in the right-of-way over a distance. A Page 483 of 539 linear project requires a project identification sign at each end of the construction site. 2. Smgle Site or Building Projects Provide one project identification sign. 3 Multiple Sites. Provide one project identification sign at each site 4 Sign Relocation. As work progresses at each site, it may be necessary to move and relocate project identification signs. Relocate signs as directed in wntmg by� the City Engineer E. Alternate Skid-mounted Sign Construction. Post-mounted signs are preferred,but skid-mounted signs are allowed, especially for projects with noncontiguous locations where work progresses from one location to another The skid structure shall be designed so that the sign will withstand a 60-mile-per-hour wind load directly to the face or back of the sign. Use stakes, straps, or ballast. Approval of the use of skid-mounted signs shall not release the Contractor from responsibility of maintaming a project identification sign on the project site and shall not make the City responsible for the security of such signs. 1.04 SUBMITTALS A. Submit shop drawings under provisions of Section 01350 - Submittal Procedures. B Show content, layout, lettermg style, lettenng size, and colors. Make sign and lettermg to scale, clearly mdicatmg condensed lettering, if used. 2.0 PRODUCTS 2.01 SIGN MATERIALS A. Structure and Framing: All sign materials shall be new 1 Sign Posts. Use 4-inch by 4-inch treated wood posts, sized to fix top of sign at 6 FEET ABOVE GROUND 2. Sign Supports and Skid Bracing: 2-inch by 4-inch wood framing material. 3 Skid Members: 2-inch by 6-inch wood framing material. 4 Fasteners a. Use galvam7ed steel fasteners. b Use 3/8-inch by 5-1/2-inch button head carriage bolts to attach sign to posts. Secure with nuts and flat head washers at locations as recommended by Sign Manufacturer c. Cover button heads with white reflective film or paint to match sign background B Sign and Sign Header Use medium density overlaid manne plywood, minimum 1/2-mch thick. Use full-size 4-foot by 8-foot sheets for sign and a single piece for header to minimize jomts, do not piece wood to fabricate a sign face. C Paint and Primers. White paint used to prime surfaces and to resist weathering shall be an mdustrial grade,fast-drying,oil-based paint with gloss finish. Paint structural Page 484 of 539 and framing members white on all sides and edges to resist weathering. Paint sign and sign header material white on all sides and edges to resist weathenng. Pamt all sign surfaces with this weather-protective paint prior to adding any sign pamt or adhesive applications. D Colors Follow criteria established by attached Exhibit 3.0 EXECUTION 3.01 INSTALLATION A. Install project identificatio signs within 10 calendar days after Date of Commencement. B Erect signs where designated by the City Engineer at the Pre-construction Meeting or as described in part 1 03 of this Section. Position the sign in such a manner as to be fully visible and readable to the general public C Erect sign level and plumb D If mounted on posts, smk p sts a minimum of 30 inches below grade in 10-inch diameter posthole. Stabilize posts with sharp sand or concrete to minimize lateral motion. Leave a minimum of 8 feet of post above existing grade for mountmg of the sign and header. E. Erect sign so that the top edge of the sign, is no higher than 6 feet above existing grade. 3.02 MAINTENANCE AND REMOVAL A. Keep signs and supports clean. Repair deterioration and damage. B Remove signs, framing, supports, and foundations to a depth of 2 feet upon completion of Project. Restore the area to a condition equal to or better than before construction. END OF SECTION Page 485 of 539 PROJECT IDENTIFICATION SIGN EXHIBIT First LA Impression PROJECT NAME LOCATED HERE PROJECT NO. 12345678 cum'tnpcovement &ILM 0'+ '1-11,6 VJL Signnge LAMA c of 3 "o m, PROJECT SCHEDULE MONTHIYEARVartm a BUDGET: $DOLLAR AMOUNTCM Sian ' ' '`" 'A' ENGINEER/ARCHITECT: PearlanQ Texas .. .,..-c `:, 0,(5..,4,.ic^Y+ wt October 2014 .F ° NAME GOES HERE Ms.( Mir rrIt,'ti i"� ". t"] i I capital improvement �� C•]f ca, . .• aT CONTRACTOR: 40 blank tor¢4ate aeOW2014 ft.; CONTRACTOR NAME GOES HERE .?d�[t. 4 $c.wA a :{3 J(tl�°i": ":u , ~ 4'J..tt4:Ska84+t+o O• pe98 pa 9 9 p P 1 B.Mts�14,£LtM.Kfttr to adandbc vide rtrnentsfen meerin -ca ital ro eclsl ro acts �_� j j Kea•ua=x*x:saceazuues , SPECIAL NOTE.CONTACT CITY SECRETARY FOR CURRENT COUNCIL NAMES I 011655W3t`w.l=t4 VOLT tucticcm.l:8R= SINGLE SIDE MDO MARINE GRADE PLYWOOD FINISHED WITH ALKYD ENAMEL GLOSS WHITE I GSA7 TO PRACC Kl R2]N0 COMPUTER CUT VINYL AND DIGITAL PRINT 5 YEAR LIFE MINIMUM MATERIALS �i aitalOo MA'AMt u Vi Mt SCA essto INSTALL ON TWO 41C4`TREATED POSTS,MIN.DEPTH IS 24',OR SKID MOUNTED AS SITE RED O.. CLIENT APPROVAL it Paae 486 of 539 Section 02520 VALVE BOXES,METER BOXES,AND METER VAULTS 1.0 GENERAL 1.01 SECTION INCLUDES A Valve boxes for water service. B Meter boxes for water service. C Meter vaults for water service D References to Technical Specifications. 1 Section 01200—Measurement and Payment Procedures 2. Section 01350—Submittals 3 Section 03300—Cast-in-Place Concrete 4 Section 02542—Concrete Manholes and Accessories 5 Section 02318—Excavation and Backfill for Utilities 6 Section 01140—Contractor's Use of Premises 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for valve boxes under this Section. Include cost in Bid Items for which this Work is a component. B No separate payment will be made for installation of meter boxes furnished by the Owner under this Section. Include cost of mstallation of meter boxes m Bid Items for which the Work is a component. C Measurement for mstallation of meter vaults is on a per each basis for each meter vault type and size,complete m place. Payment includes all labor and materials required to complete installation as indicated on Plans. D Refer to Section 01200—Measurement and Payment Procedures. 1.03 SUBMITTALS A Make Subnuttals required by this Section under the provisions of Section 01350 — Submittals. B Submit manufacturer's product data for following items for approval. 1 Each type of valve box and lid. 2. Each type of meter box and cover 3 Each type of meter vault frame and cover Page 487 of 539 C Submit Shop Drawings for cast-in-place meter vaults for approval if proposed construction vanes from Plans. D Submit manufacturer's certification that meter boxes purchased for Work meet the requirements of this Section. 2.0 PRODUCTS 2.01 VALVE BOXES A Provide adjustable, cast-iron, screw-type, valve boxes as manufactured by Bass and Hays Foundry,Inc.,or approved equal. Design of valve box shall minimize stresses on valve imposed by loads on box lid. B Cast the word"WATER" into lid, 1/2 inch in height and raised 3/32 inch, for valves serving potable water lines. C Provide 6-inch PVC, Class 150,DR 18, riser pipes. D Concrete for valve box placement: 1 For locations in new concrete pavement,use strength and mix design of new pavement. 2. For other locations, use class "A" concrete, with minimum compressive strength of 3000 psi,conformmg to requirements of Section 03300—Cast-in- Place Concrete 2.02 METER BOXES A Refer to City of Pearland Standard Details or contact the Public Works Department for list of acceptable products. 2.03 METER VAULTS A Meter vaults may be constructed of precast concrete, cast-in-place concrete, or solid masonry unless a specific type of construction is required by Plans. B Concrete for meter vaults Class A concrete, conforming to requirements of Section 03300—Cast-in-Place Concrete,with minimum compressive strength of 4000 psi at 28 days. C Vaults for meters 3" and greater shall be procured through the City's utility billing department. 3.0 EXECUTION 3.01 EXAMINATION Page 488 of 539 A Obtain approval from the City Engineer or designee for location of meter vault. B Verify lines and grades are correct. C Verify compacted subgrade will support loads imposed by vaults. 3.02 VALVE BOXES A Provide nser pipe with suitable length for depth of cover indicated on Plans or to accommodate actual finish grade. B Install adjustable valve box and riser piping plumbed in a vertical position. Provide 6 inches telescoping freeboard space between riser pipe top butt end,and mtenor contact flange of valve box, for vertical movement damping. Riser may rest on valve flange, or provide suitable footpiece to support riser pipe. C Paint covers of new valve boxes as directed by the Owner 3.03 METER BOXES A Install plastic boxes m accordance with manufacturer's instructions. B Construct concrete meter boxes to dimensions shown on Plans. C Adjust top of meter boxes to conform to cover elevations specified in this Section, 3 05 "Frame and Cover for Meter Vaults" D Do not locate under paved areas unless approved by Engineer Use approved traffic- type box with cast iron lid when meter must be located in paved areas. 3.04 METER VAULTS A Construct concrete meter vaults to dimensions and requirements shown on Plans.Do not cast in presence of water Make bottom as uniform as practicable. B Precast Meter Vaults: 1 Install precast vaults in accordance with manufacturer's recommendations. Set level on a minimum 3 inch thick bed of sand conforming to the requirements of Section 02318—Excavation and Backfill for Utilities. 2. Seal lifting holes cement-sand mortar or non-shrink grout. C Meter Vault Floor Slab 1 Construct floor slabs of 6-inch-thick reinforced concrete. Slope floor 1/4 inch per foot toward sump Make sump 12 inches in diameter,or 12 inches square, and 4 inches deep, unless other dimensions are required by Plans. Install dowels at maximum of 18 inches,center-to-center,or install mortar trench for keying walls to floor slab,. 2. Precast floor slab elements may be used for precast vault construction. Panes 4119 of S39 3.05 FRAME AND COVER FOR METER VAULTS A Diamond Plate Aluminum as follows 1 In unpaved areas,set top of meter box or meter vault cover 2 to 3 inches above natural grade. 2. In sidewalk a1feas,set top of meter box or meter vault cover 1/2 to 1 inch above adjacent concrete. 3.06 CLEAN-UP AND RESTORATION A Perform clean-up and restoration m and around construction zone in accordance with Section 01140—Contractor's Use of Premises B Backfill and compact in accordance with Section 02318—Excavation and Backfill for Utilities. C In unpaved areas, slope backfill around meter boxes and vaults to provide a uniform slope 1 to 5 from top to natural grade. D Meter boxes are not allowed in sidewalk. END OF SECTION Page 490 of 539 Section 02533 SANITARY SEWAGE FORCE MAINS 1.0 GENERAL 1.01 SECTION INCLUDES A. Sanitary sewage force mains. B References to Technical Specifications. 1 Section 01200—Measurement and Payment Procedures 2. Section 01350—Submittals 3 Section 01450—Testing Laboratory Services 4 Section 02634—Ductile Iron Pipe and Fittings 5 Section 03300—Cast-in-Place Concrete 6 Section 02318—Excavation and Backfill for Utilities C Referenced Standards 1 American Society for Testing and Matenals (ASTM) a. ASTM F 477,"Standard Specification for Elastomenc Seals(Gaskets) for Joining Plastic Pipe" b ASTM D 1248, "Standard Specification for Polyethylene Plastics Extrusion Materials for Wire and Cable" 2. American Concrete Institute(ACI) 1.02 MEASUREMENT AND PAYMENT A. Measurement for pipe is on a linear foot basis taken along the center line of the pipe from end to end,measured and complete in place. B Payment for sanitary sewage force mains includes pipe,fittings,excavation,bedding, backfill and special backfill,shonng,earthwork,connections to existing manholes and pipe, accessories, inspection and testing. C Refer to Section 01200—Measurement and Payment Procedures. 1.03 SUBMITTALS A. Make Submittals required by this Section under the provisions of Section 01350 — Submittals. Page 491 of 539 B Submit proposed methods,equipment,materials,and sequence of operations for force main construction. C Submit Shop Drawings and design calculations for joint restraint systems using reinforced concrete encasement of pressure pipe and fittings. D Submit product quality,material sources,and field quality information in accordance with this Section. 1.04 TESTING A. Testing and analysis of product quality, material sources, or field quality shall be performed by an independent testing laboratory provided by the Owner under the provisions of Section 01450 — Testing Laboratory Services and as specified m this Section. 2.0 PRODUCTS 2.01 DUCTILE IRON PIPE AND FITTINGS A. Conform to requirements of Section 02634—Ductile Iron Pipe and Fittings. All pipe used for sanitary sewer force mains shall be painted white. 2.02 PVC PIPE A. Provide PVC pressure pipe conforming to the minimum working pressure ratmg specified in this Section. All pipe used for sanitary sewer force mains shall be white. B Acceptable pipe joints are integral bell-and-spigot,containing a bonded-in elastomenc sealmg ring meetmg the requirements of ASTM F 477 In designated areas requiring restrained joint pipe and fittings, use EBAA Iron Series 2000PV, Umflange Series 1350 restrainer,or equal joint restraint device conforming to UNI-B-13,for PVC pipe 12-inch diameter and less. C Fittings. Provide ductile iron fittings as per this Section, 2.03 "Thrust Restramt", except furnish all fittings with one of the following internal lmmgs 1 Nominal 40 mils (35 mils minimum) virgin polyethylene complying with ASTM D 1248,heat fused to the interior surface of the fitting,as manufactured by American Cast Iron Pipe "Polybond", or U.S Pipe "Polyhne" 2 Nominal 40 mils(35 mils minimum)polyurethane, Corro-pipe II by Madison Chemicals,Inc 3 Nominal 40 mils(35 mils minimum)ceramic epoxy,Protecto 401 by Enduron Protective Coatings. Page 492 of 539 D Hydrostatic Tests Hydrostatically test pressure rated pipe in accordance with this Section, 3 04A"Hydrostatic Testing" E. Manufacturers: Approved manufacturers of pressure rated, solid wall PVC pipe for sanitary sewer force mams are 1 J&M Manufacturing Company, Inc. 2. CertainTeed Corporation 3 Diamond Plastics Corporation 4 Carlon Company 5 North American Pipe Corporation(NAPCO) F Provide lined ductile iron fittings conforming to Section 02634—Ductile Iron Pipe and Fittings. 2.03 THRUST RESTRAINT A. Unless otherwise sho' vn on the Plans,provide concrete thrust blockmg for force mains up to 12-inches in diameter, to prevent movement of buried lines under pressure at bends. Blocking shall be Portland cement concrete. Place concrete m accordance with details on the Plans. place thrust blocks between undisturbed ground and the fittings. Anchor fittings to thrust blocks so that pipe and fitting.)writs are accessible for repairs. Concrete shall extend from 6 mches below the pipe or fitting to 12 mches above. B For all force mains larger than 12 mches in diameter,and where indicated on the Plans, provide restrained joints conforming to the requirements of the force main pipe material specification . Restrained jomts shall be installed for the length of pipe on both sides of each bend or fitting for the full length shown on the Plans. C Horizontal and vertical bends between zero and 10°deflection angle will not require thrust blocks or harnessed or restrained joints. D Horizontal and vertical bends between 10° and 90° deflection angle shall have thrust restraint as shown on the Plans. E. Reinforced concrete encasement of force main pipe and fittings may be used in lieu of manufactured joint restraint systems. Alternate joint restraint systems using reinforced concrete encasement shall conform to the following design requirements. 1 Design calculations shall be performed and sealed by a Professional Engineer licensed m the State of Texas. 2. Design calculations shall be based upon soil parameters quantified in the geotechmcal report for the site where the alternative thrust restramt system is to be installed. If data is not available for the site,use parameters recommended by the geotechmcal engineer 3 The design system pressure shall be the specified test pressure. Page 493 of 539 4 The followmg safety factors shall be used in sizing the restraint system. a. Apply, a factor of safety equal to 1.5 for passive soil resistance. b Apply a factor of safety equal to 2.0 for soil friction. 5 The encasement shall be contained entirely within the standard trench width and termmate on both ends at a pipe bell or coupling. 6 Concrete encasement reinforcement steel shall be designed for all loads including mteMal pressure and longitudinal forces. Concrete design shall be in accordance with ACI 318 3.0 EXECUTION 3.01 PREPARATION A. Plan operations to minimize disruption of utilities to occupied facilities or adjacent property 3.02 PIPE INSTALLATION BY OPEN-CUT A. Perform excavation, bedding, and backfill in accordance with Section 02318 — Excavation and Backfill for Utilities. B Install pipe in accordance with the pipe manufacturer's recommendations and as specified in this Section. C Install pipe only after excavation is completed,the bottom of the trench is fine graded, bedding material is installed, and the trench has been approved by the Engineer D Install pipe to the line and grade indicated. Place pipe so that it has continuous bearmg of barrel on beddmgmatenal and is laid in the trench so the interior surfaces of the pipe follow the grades and alignment indicated. Provide bell holes where necessary E. Install pipe with the spigot ends toward the direction of flow Form a concentric.joint with each section of adjoining pipe so as to prevent offsets. F Keep the interior of pipe clean as the installation progresses. Where cleaning after laying the pipe is difficult because of small pipe size,use a suitable swab or drag in the pipe and pull it forward past each joint immediately after the joint has been completed. Remove foreign material and debns from the pipe. G Provide lubncant,place and drive home newly-laid sections with come-a-long winches so as to eliminate damage to sections. Install pipe to "home" mark where provided. Use of back hoes or similar powered equipment will not be allowed unless protective measures are provided and approved in advance by the Engineer Pale 494 of 539 H. Keep excavations free of water during construction and until final inspection. When work is not in progress,cover the exposed ends of pipes with an approved plug to prevent foreign material from entering the pipe. J Where sanitary sewer force main is to be installed under an existing waterline with a separation distance of less than 2 feet,install one full joint length of pipe centered on the waterline and maintain a minimum 6 inch separation distance. 3.03 PIPE INSTALLATION OTHER THAN OPEN-CUT A. For installation of pipe by augering or jacking conform to requirements of specification sections for augering or jacking work. 3.04 FIELD QUALITY CONTROL A. Hydrostatic Testing 1 After the pipe and appurtenance have been installed, test line and drain. Prevent damage to the Work or adjacent areas. Use clean water to perform tests. 2 The Engineer may direct tests of relatively short sections of completed lines to minimize traffic problems or potential public hazards. 3 Test pipe in the presence of the Engineer 4 Test pipe at 150 psig or 1.5 times design pressure of the pipe, whichever is greater Design pressure of the force main shall be the rated total dynamic head of the lift station pump 5 Test pipe at the required pressure for a minimum of 2 hours according to requirements of UNI-B-3 6 Maximum allowable leakage shall be as calculated by the following formula. L=(S) (D) (P05)/ 133,200 Where L = Leakage m gallons per hour S = Length of pipe in feet D = Inside diameter of pipe in inches P = Pressure in pounds per square inch 7 Correct defects, cracks, or leakage by replacement of defective items or by repairs as approved by the Engineer Paae 495 of 539 8 Plug openmgs in the force main after testmg and flushing. Use cast iron plugs or blind flanges to prevent debris from entering the tested pipeline. B Pigging Test 1 When requested by the Engmeer and after completion of hydrostatic testing and prior to final acceptance,test force mains longer than 200 feet by pigging to ensure piping is free of obstructions. 2. Pigs Provide provmg pigs manufactured of an open-cell polyurethane foam body, without any coating or abrasives which would scratch or otherwise damage interior pipe wall surface or lining. Pigs shall be able to pass through reductions of up to 65 percent of the nominal cross-sectional area of the pipe. Pigs shall be able to pass through standard fittings such as 45°and 90°elbows, crosses,tees,wyes,gate valves,or plug valves,as applicable to the force main being tested. 3 Test Execution. Pigging test shall be conducted in the presence of the Engineer Provide at least 48 hours notice of scheduled pigging of the force main prior to Icommencmg the test. 4 All pigging tests shall be borne by the Contractor at no cost to the City END OF SECTION Page 496 of 539 °� nt999 d PEARL AND PURCHASE AGREEMENT T. E X A S: 4s r1a THE STATE OF TEXAS § County: Brazoria § City:Pearland COUNTY OF BRAZORIA § ROW CSJ No,: 0912-31-312 Parcel No,, Parcel Project Name:Smith Ranch Road This Agreement by and between the City of Pearland, hereinafter called the City, and The Crossing at 288 Phase 2,Ltd,,.a Texas limited partnership,hereinafter called Owner,whether one or more,shall be effective on the date of approval and execution by and on behalf of the City Sale and Purchase of Property 1.01 In view of the mutual covenants herein expressed and;contained,the Owner hereby agree to grant, bargain,sell and convey for the consideration and upon the terms herein stated to the City,and the City does hereby agree to purchase,for the consid ration and upon the teems herein stated the property situated in Brazorla County,Texas which Is described In Exhibit"A"and which Is-attached hereto and incorporated herein for any and all purposes. The.City and the Owner do further agree as follows: II. Consideration 2:01 Total Price: SEVENTY-FOUR THOUSAND THREE HUNDRED THIRTY-SEVEN Dollars ($74,337.00) to be paid by the City for fee simple title to the property described in the said Exhibit"A,"save and except oil; gas and sulphur,free of all liens,assessments and encumbrances, Page 497 of 539 - The consideration recited'herein represents a settlement.and compromise by all parties as to the value of the property-herein conveyed In order to avoid formal ED proceedings and the added_expenses of litigation Fee simple title to.0466 acres.(2,031 square feet) It is expressly understood and agreed that Owner is retaining title to the following Improvements located on the Property described in said Exhibit"A"to wit: NONE Owner agrees to, remove the above-described improvements from the Property on or before N/A days; subject,.however,to such extensions of time as may be granted by the City, its successor and assigns, in writing;and if,for any reason;.Owner faits or refuses to remove.same within'time prescribed,then,without any further consideration,the title to all or any part of such improvements not-so removed shall pass to and vest in the City,its successors and assigns,.forever, Owneracknowledges that the Middle Driveway-and the North Driveway depicted on Exhibit"C-1"attached hereto will be affected by the City's planned'aiterations'to the adjacent right-of-way The City hereby agrees to widen-the-Middle Driveway by constructing the Temp Driveway depicted on the attached Exhibit"C-1"in accordance with the plans attached hereto as Exhibit "C-2" prior to beginning any work.on the North Driveway. To the extent that it Is necessary to cap irrigation lines during.construction,the City shalt cause the same to be performed. Additionally;the City agrees that In no event shall the North Driveway.be closed or inaccessible to vehicular traffic(I).prior to the date that is fifteen(15)days after the completion the.Temp Driveway and such Temp'D'riveway is in good working.condition and is open to vehicular traffic or(ii)at any time unless alternate.access is provided via the Temp Driveway being accessibleand open.to vehicular traffic: Upon the completlon.of the City's construction work related to the-North Driveway,the Temp Driveway shall be 'removed, and the Middle Driveway shall be returned to its original condition (including all irrigation, landscaping, curbing, and any other changes that were necessary to construct the Temp Driveway), All'of the work contemplated by this paragraph shall be completed bythe City at its sole cost and expense,and In no event shall Owner be required to expend.any funds In relation to these-:items, Except as contemplated in this paragraph, in no event shall the City allow vehicular accessto any of the Driveways depicted on Exhibit "C-1"to be affected by its.planned alterations to the adjacent right-of-Way Notwithstanding anything to the contrary.contained in this Agreement, the obligations described,in this paragraph shall survive'the Closing -and shall be binding upon the City and its successors and assigns and the Owner and its successors and assigns. The agreed upon compensation is in full and final settlement of the terms set-forth herein,and The Crossing at 288 Phase 2,.Ltd., a.Texas limited partnership, releases,!acquits and discharges City, together with'its directors,officers,shareholders,employees,subcontractors,agents,attorneys,representatives,consultants and subsidiary and parent organizations;from and against any and all claims, damages, debts, obligations,. controversies, attorneys fees, costs, suits,.demands, liabilities, or causes of action, of any kind or nature whatsoever, at law or in equity,in,contract or tort,general or special,for Injuries or damages, liquidated.or unliquidated,now existing orthat-might arise'hereafter,relating to or arising out of or in any way connected Pane 498 of 539 to.the City's purchase of the property,ex luding(i)any claims relating to the matters described inthis Section II and(il)any claims relating to future ac s oromissions of the City. III. Recording Costs and Title 3.01 Recording Costs:The City, without cost to Owner, shall pay the cost of recording.all instruments conveying title to the City 3.02 Liens and encumbrances against the Property: Owner shall pay and obtain release of ail liens,and: mortgages recorded against the Property at or prior to Closing. Iv. Closing 4.01 Ownership and Warranty Deed: Owner agrees to convey to the.City fee-simple-title to the said property and all appurtenances thereto for the.conslderationstated subject to the exception.After approval of title by the City,Owner agrees to deliver to.the City's Closing Agenta Special Warranty Deed,in the form attached as Exhibit "0", properly executed, conveying fee simple-title to such property; The City will wire transfer in paymentofthe consideration-Ifor suety property shall be:deiivered to the_City's Closing Agent and same shall be payable to the City's Closing Agent. 4.02 Possession:Until payment is made,and in the absence of a possession and..use agreement between the patties;title and possession of the.property to be conveyed to the City remain with the Owner,who shall bear all risk of loss to all such property, In the eventthe condition of the property should change, for any reason, prior to the.date of delivery of possession to the City, the City-shall have the right to declare this agreement null and void, The-property to conveyed to the City will be conveyed by Owner in its current AS IS,WHERE IS,condition and WITH ALL FAULTS, Page 499 of 539 J • . 4.03: Closing Costs; City will pay closing costs as described in section 3,01.Owner will pay Owners' legal expenses, if any, If Owner engages the iervices of a real estate agent or broker In r connection with the sale and purchaseof the Property,Owner will pay all commissions and broker's fees. If City engages the services of a real estate agent or broker In connection with the sale and purchase-of the Property, City will pay all commissions and broker's fees. 4.04 Incidental Expenses:At the date of payment of the purchase price,Owners will be reimbursed for any fair-and reasonable expenses necessarily incurred in transferring title:to.the property to the City for its use,Expenses eligible for reimbursement may include(1)recording fees,transfer taxes,and slrnilat expenses Incidental•to'conveying the real propert%to the City and (2)penalty,.costs for prepayment of arq preexisting recorded mortgage entered in good faith encumbering therreal property,Voluntary unnecessary expenses or expenses incurred in clearing questionable title will not beeligible for reimbursement. Eligible incidental expenses Will.be reimbursed upon subniission of a claim supported by receipted bills Or other evidence of actual expenses incurred.Owners may file a written request for review if It is believed that the Cityfaiied to properlydetermine the eligibility for or the amount of incidental expenses to be reimbursed. There is no standard form on which to request review of a claim;.however,the claim must be filed with the City.serving the area In which the said property Is located within six months after Owners are notified of the.City's determination on any claim for reimbursement. V. Miscellaneous 5.01 Entire Agreement:This Agreement contains the entire agreement of the parties.This Agreement can be amended or assigned only by written agreement signed by the City and Owner 5.02 Binding: This Agreement is binding upon the •heirs, executors, administrators, personal representatives,successors and assigns of the City and Owner 5.03 Effective Date: This Agreement is effective on the last date that both the City and Owners have signed and executed this Agreement. Paae 500 of 539 41/IIIIIIIIIIIIIIIWIWIIIr"liaillifailli5.04 Relocation Assistanca: It Is Mat: Ily,agreed and understood.-that any benefits which may accrue Oder the City's Relecation ASshtance Program will be handled entirely separate from and in addition to.this 'transaction.Owner hereby actin Owledge rl celpt&the.brothure•entitled "RelOcation Assi,stance," 5.05 Addresses:The,addresses of the City and Owner are: Owner: The Crossing at 288 Phase 2,Ltd,a-texas limited partnership Attnt Herbert D..,Weitzman,Manager 1800 Bering,Suite 550 Hthiston;TX,77057 City: City of,Plarland 3519 Liberty Drive Pearland,7X 77581 III 5:05 Additional Clauses:N/A THE FULL AGREEMENT OF THE CITY AND THE OWNERS IS SET FORTH IN THE FOREGOING TEXT OF THIS INSTRUMENT;AND NO OTHER REPRESENTATIONS'OR OBLIGATIONS-OTHER THAN THOSESET FORTH HEREIN WILL BE RECOGNIZED. The Crossing at 288 Phase 2, Ltd., a Texas Clty of.Pearland Ilinited partnerthip By: The Crossing at 288 Phase 2 One,ILtd.,.a Texas limited liability partnership lier rt D.Weitz:ran,Manage' , I/ .....„_. .. , . Anthony Vut eisition Manager Date: 12/13/2022 Date: III Pam 501 of 539 October 10,2018 Parcel 2 Sheet 1 of 6 Exhibit .A County: Brazoria Highway: Smith Ranch Road Liwits: FM 518 to Hughes Ranch Road MSS: 0912-31-312 PROPERTY DESCRIPTION FOR PARCEL 2 Being 0;0466 acres(2,031 square feet)_parcel.af land situated in the J.W.Maxey Survey,Abstract 675,Brazoria County,Texas;being liout Of and a portion of that certain called 8.269 acre tract of land conveyed to The Crossing at 288 Phase 2, LTD., by Deed executed January 12,-2006, as recorded In File Number 2006002557 in the Official Records of Brazoria County,,Texas; said 0,0466 acre parcel of land being more particularly described by metes and bounds as follows: COMMENCING at a found"X"scribed in concrete for the,Southwest corner of said 8,269 acre tract,and being an interior corner of The Crossing at 288 a subdivision as recorded in File-Number 2009047929 in.the Official Public Records of Brazoria County Texas; THENCE,North 86°45'09"East;with the South line of said 8269 acre tract,a distance of 489,58 feet to a point for corner in the Existing West right-of-way line of Smith Ranch Road-(right-of- way varies),as recorded in File Number 2002020463 in the Official Records of Brazoria County, Texas;and'Voluine 2,Page 99-in the Public Records of Brazoria aunty,Texas; THENCE,North 03° 14' 38" West,with the Existing West right-Of-way of said Smith Ranoh Road, a distance of 346,88 feet to.a'set 5/8 inch iron rod with TxDOT aluminum cap (unable to set)for corner in.the Proposed West right-of--way of said Smith Ranch Road and being the POINT OF BEGINNING and the South corner of the herein described tract;at proposed baseline.station 27+51.93,50.00-feet left;having coordinates of N=13,771,058,59 and E=3,1.18,047,92,** (1) THENCE,North 03° 14' 38" West,with the Proposed West right-of-wayof said Smith Ranch Road,.at a distance of 248.07 feet passing a set 5/8-inch iron rod with TxDOT aluminum cap at Station 30+00.00,50-feet left;a total distance of 359.88 feet to a set 5/8- inch iron rod with TxDOT aluminum cap for corner in.the North line of said 8.269 acre tract and the South line of that certain called 10.7583 acre tract of land conveyed to Brazoria Drainage DistrictNo,4 by Deed executed October 12,2005 as recorded in Clerk's Eile.Number 2005058723 in the Official Records of Brazoria County,Texas;** Page 502 of 539 October 10,2018 Parcel 2 Sheet 2 of 6 Exhibit A (2) THENCE, South 89° 52' 24"East, with the North line of said 8,269 acre tract and the South line of said 10.7583 acre tract,a distance of 10,02 to a found 5/8-inch iron rod with oap for corner in the Existing West right-of-way line of said Smith Ranch Road(right-of- way varies) as recorded in Volume 2, Page 99 in the Plat Records of Brazoria County, Texas and Clerk's Pile Number 2002020463 in the Official Public Records of Brazoria County,Texas; THENCE,with said Existing West right-of-way of Smith Ranch Road and the East line of said 8,269 acre tract as follows: (3) South 03° 14' 38"East,a distance of 46.29 feet to a found 3/4-inch iron rod for corner at the beginning of a tangent curve to the right; (4) Along the aro of said curve to the right having a radius of 2,050,00 feet,a central angle of 02°36' 20",an arc length of 93.22 feet and a chord of South 01°56'29"East,93.21 feet to a found 3/4-inch iron rod for corner at a point of tangency; (5) South 00°38' 18"East, a distance of 126,76 feet to a point for corner at the beginning of a tangent curve to the left;. (6) Along the arc of said curve to the left,having a radius of 2,050.00 feet,a central angle of 02°36' 19",an are length of 93,21 feet and a chord of South 01°56'28"Bast,93,20 feet to the POINT OF BEGINNING;containing 0.0466 acres(2,031 square feet)of land. ** - The monument desoribed and set may be replaced with a TxDOT Type II right of way marker upon completion of the highway construction project under the supervision of a registered professional land surveyor either emPloyed or retained by TxDOT. Page 503 of 539 October 10,2018 Parcel 2 Sheet 3 of 6 Exhibit A All.Bearings and distances:shown are based on the Texas Coordinate System,South Central ZOtte (4204),North American Datum of 1983(NAD83), CORS2011 (EPOCH 2010.00).All distancos. and coordinates shown are surface and may be converted to grid by a combined adjustment factor of 1.00013. Grid coordinates=surface eoordinatesN1 000I3. Horizontal control was established by GPS OBS (RTN) utilizing Western Data Systems Viis Network and direetlY tied to Base StatiOn HJK13-g1012. All elevations are based on the North American Vertical Datum of 1988 (NAVD88), 1991 adjustment Elevations were derived by OPS OBS(RTN)and vertically constrained to monuments 113 6(Elev.54;60)and H41(Elet 81.72'). Proj cot units are.U.S.Survey Feet,. Note:A Parcel plat of even date was prepared in ccatmoticin With this property deseiiption, Note:Abstracting was provided and completed by Texas American Title in December of 2016, Note:Field surveying was performedl from April 2017 thro February 2018, Access will be perinitted to the remainder property abutting the highway facility; I,Royal T.Brown,a Regiatered Prefessicntal Land Surveyor in the State of Texas do-hereby certIfy that this survey was prepared from an actual on-the ground survey of the property described herein conducted by me or under my supervision and that this survey Correctly represents the facts found at the time of the survey. etip— • 0 ci..t 41 1 leorge.1•6 Ro .Brown , to 60 * teeort.‘ Registered Professional Land Surveyor No.3881 IVIAtOffa..1411..1' 0.-: 1.:•19:,•14.11. DANNENBAUM ENGINEERING CORPORATION ., ,TT72191118".1 ,Y, T.B.P.L.S.FIRM REGISTRATION NO. 10118840 ' Vi 3a81 ' 3100-Weat Alabama. ' .. c..$ ( if,.....4;It of:A„,s?4,.•ry Houston,Texas 77098 1,44.4 J.,%."4.1'.4.1 • Office(713)520-9570 Fax(713)527-6452 Page 504 of 539 rn _ _._—_ _ M La N , O N M -Set 5/8'Iran rod'with TxDOT aluminum cap. °1 m *.* -•T11:monm>ent described and set may be replaced c- wifh a TxDOT Type II right of way marker upon completion of tin ligtway construction project underdl. _ . under tie supervision of a registered professional land surveyor either employed or retained Gy TxDOT. _ • •Found monumeJt as noted. F., lA N.T.S. ft -Properly Line � E -Survey Line -4 cc - Z e Fee Hook W> D.R.B.C.T. -DEED RECORDS OF BRAZORIA COUNTY. TEXAS U, __ O.R.B.C.T_ -OFFICIAL RECORDS OF BRAZORIA COUNTY. TEXAS Um ' O:P.R.B.C:T. -OFFICIAL PUBLIC RECORDS OF BRAZORIA COUNTY. TEXASr 2 C P.R.B.C.T -PLAT RECORDS OF BRAZORIA COUNTY, TEXAS ar+ CC NOTES _ !. ABSTRACTING WAS:PROVIDED AND COMPLETED BY TEXAS AMERICAN TITLE IN - DECEMBER OF 2016. `. POB 2 2. FIELD SURVEYING WAS PERFORMED FROM APRIL.OF 2017 THRU FEBRUARY OF 2018. MP 3. ALL BEAPJNGS AND DISTANCES IN PARENTHESIS ARE CALLED BEARINGS AND DISTANCES. 4. PROJECT UNITS ARE U.S'SURVEY FEET 5. TICK MARKS SHORN ARE LATITUDE AND LONGITUDE IN DECIMAL DEGREES BASED 0 ON GRID COORDINATES. DATUM. I.VTE ALL BEARINGS AND DISTANCES SIMI ARE.BASED OW THE TEXAS COORDINATE POC 2 SYSTEM.SOUTH CEIITRAL.ZONE r42041. NORTH AMERICAN DATUM OF I983(NADB3). CORS2011!EPOCH ZDIO.CO1. ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND.-mirr BE CONVERTED TO GRID BY A COMBINED ADJUSTMENT FACTOR OF 1.00013. GRID CCORD/NATES •SURFACE C e2RDINATESV.00013. HORIZONTAL CONTROL WAS ESTABLISHED BY GPS 08S(RTN)UTILIZING WESTERN DATA.SYSTEMS VRS NETWORK AREA TABLE (ACRES) AND DIRECTLY TIED TO BASE STATION HJKBp10I2. -EXISTING TAXING ALL ELEVATIONS ARE BASED.ON THE NORTH AMERICAN VER77CAL DATUM OF AC_ AC./S.E. REMAINDER AG 1988(NAYD88). 1991ADJUSTMENT. ELEVATIONS WERE DERIVED sr GPS 0135 !RTNl LEFT RIGHT AND VERTICALLY CONSTRAINED TO MONUMENTS H35(ELEV. 54.60)AND 1141 fELEV. 81. 5.269 0.04661 72). 269 031 8.2224 DANNENBAUM I. ROYAL T. BRO . A REGISTERED PROFESSIONAL c aP VVN ENGINEERING CORPORATION LAND.SURVEYOR, HEREBY CERTIFY THAT. THE PLAT z wwo.. -.,4 _.. T.B.P•E 1E ►TIONSF3s2 HEREON AND. THE ACCOMPANYING LEGAL DESCRIPTION . a S-„A�•1 S r c?o J„ T�P.I-S.FIRM REGISTRATION 01188-00. REPRESENT•AN ACTUAL SURVEYMADE ON THE �Aj�,,j .7- r't;.. r` �QO �0� �77098 0 GROUND UNDER MY SUPERVISION. - �:-..?.Pe ROYAL T.PROiNN PARCEL PLAT �/ �.�-},� � r--n:.•syf SHOWING c ;, no tqr+rZ �a� r ROOT BROWN. EII Vr.�==1: � " -'' -I/ PARCEL 2 • '•r SMITH RANCH ROAD TEXAS 'REGISTRATON NO. 3881 t. = _= _''- r 'BRAZORI'A COUNTY DANNENBAUA! ENGINEERING CORP. ` ;, ; . R..C.S.J. 0912-31-312 ALABAAIA ��\ L. _/ 3HOUSTON. 8 OCTOBER, 2018 PAGE 4 OF 6 SCALE: N.T.S. 0 - -- ..- U, 4 0 CD 0 if) T It J W . MAXEY SURVEY A-675 -.--z-- -- P.O.C. PARCEL '2' -. SCo le-In Feet FND "X" . .0 25. '50: 75 IN CONC. 0' Co SCALE: 1 ° = 50' in THE CROSSING AT 288 PHASE 2, LTD di TRACT I co • w . cr CALLED 8,269„ ACRES Id JANUARY 12, 2006 1— w -cp. FILE NO. 200.6002557 0•.,R.13.C.T. m , o v) Tin . ,-------- ,,, PROPOSED R.O.W.., LA ...r ------- --30STOM SIDER MIT.. -.........„ La .—r--1.0 FazNo.zoosonsa. OP.R.B.C.T. Kr=VALK.ESIT. , ,, 20'W.LE1MWER.E.S.IT. , FLF.NO.2003047929.0.P.R.B.C.T.',: U) 'CO -----------'3"--•,FLE.NO.,2004047929 0.12.1:40.C.T. , Lti Z, • ...........- ---... , - Z. ---- .....- ....... -'-4-1-- -:'.. . ----..-- ----- ,, .._ .. —_ . _; — ..... - ...i , ' STOW SEWER MT. 2.5'ELEC7it0At.ESMT. ....... ---... N0.2002021452.MR-EMT. FLE.NO.2002021452 11.12.8.C.T. - 0 --",:.7. si . ., , _ . NO3- 14. 38 W 359. 88 - . c..) _.,—. - _ _ . - —. ... -4.. __. ="7g41M :fgr.,_ •:iNG:R;O: . __ = I '1 -- :XMN.=R:07,13.7.RA'RCEC:.-'2-.---' 2C-172 - 1.77:1155:1 '*-- \PUBLIC R.O.W. 50:00'LT (UNABLE. - . FILE NO.. 200202_0_9_6,3 O.R.B.C.I.\ 771.05&59 TO SET) EF3.118.047.92. ... / .N-0394V-58"-W.-5;939 S :48`— VOL. 2., PG. .99: R.R.B.C.T.N7—'——''-------—. $MITH. RANCH ROAD (R. O. W. WIDTH VARIES) DANNENBAUM .ENGINEERING CORPORATION TX-REFIRM REGISTRATION#F-392. T.S.PJ_E FIRM REGISTRATION t10118/3410- 3100 WEST.ALABAMA.HOUS1ION,7X7TO981713)S2.0.9570 PARCEL PLAT SHOWING PARCEL 2 CURVE TABLE SMITH RANCH ROAD Curve Radius Length. Delta , Direction Distance BRAZORIA: COUNTY C1'2. . 2050.00'L 93.21' ' 02° 36' 19" S01°56'28"E . 93. 20' IL C.S.J. O912-31-312'OCTOBER, 2018 MOE.5 CC 6 'SCAM 1''.50•., - -- --— co _ -- ___ _ _ _ co .., .8 i. 0 J. W.-. MAXEY SURVEY A -- 6.75 5.aNtERPow BERG r Egn---,k_"L r ME NO.2009047929 1-14 i ; ' Scale in - a. 0.P.11,13.C.T. Feet fill 1 I' .. I.; 1 1 •I'i 9 25 5.0 75 1 I [: ' 'SgALE: 1 = 50' . THE CROSSING AT 288. PHASE .29 LTD. 1 l 'ill ir) TRACT I -FLE,Ig.110.1147929' ' 'i 'EtRAZORIA,,DRAINAGE 'I - OP.FLIS.C.T‘ I .I ! .DISTRICT NO.4 La CALLED 13.26.9 ACRES 1 I . .1 .14 JANUARY 129 .2006 I ,..,. ',II . cAlogp 10.751322Es = • Eil. FILE NO. 2006002557. O.R.B,C.T. I 1 l!' FILE NO.200505E3723 O.R.D:C.T.: 111 1 !f. ' I. I. • U.I Nrn.ESTOras 200SEfroatsi. 25. ,1,1 itligsp."2-0001.igaistr, , STA 31+11 81 t r . ' . En Ct.P.R.B.C.T. 0P.IIILL.T 50 00'LT ". 1 ' ,../.-- ,I.Z.1 : . ' - "- _4_ .. . _....., . „....- z . PROPOSED li.'0.W. ' 11E ••- • - _ • . _-._ .,-.—.. s.-Fm_3.0:ptrg;(2 .,' .---.54149!--59-'1.Z.4— • ,, • <---- 50..00'LT- 10, 02' = — . _._ t..3 - —17--- -- •• - • - . ____A _FN1)- ._5z laaR ..• ' FILE tit3.200202,452,0.FULC.M. -• . - - - '** -. WICAF " . , ' n - .r.,_ .:.•:. . .— - ---'- -- ' -— m • -- -- ..At..* - ---- 27- ---7---5/2Q2-3B• 18—E-4:2 .: 7.----"--. C11.-------- 3p,--14,38 E7 ' PopLic.F3Aw. FND 3/4"IR • . END. ' FILE-1‘10.-2002020-1,163-0-.R.B.C.T. EXISTING-R:0A --4,6-.2.9..' _ _..:-,-,-----..7...—...___ ' — - -•-•--- _I*-05114'.38°W 3:95913 a SMITH RANCH ROAD (R..O. W'.- WIDTH VAR I ES) DAN P C „ M L :, • ENGINEERING CORPORATION T.B.RE.FIRM REGISTRATION#V-492 TAP.L.S.FIRM-REGISTRATION VII31128411 CURVE TABLE ' 3100 Alps.:ALABAMA 1104,1$10/1.777898 M)ezto-asro 'Curve Radius Length Dejta 'D i rect tor) - D Is-fan- ce PARCEL FLAT ' C11 : .2050.00'R • 93.22' 02° 36' '20n ', 501°-56'29"E 93.21' -SHOWING PARCEL 2- C-12 '2050.00'L 93.21' . 02° '36' 19" .50'1°56'28 it E, 93.20' SMITH RA?4CH ROAD BRAZORI-A COUNTY R.C.-S.J. 0912-31-312 'OCTOBER, 2018 PAGE 6.0s 6 - SCALE* I".51:11 EXHIBIT"B" NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. aim'µ,r c TiNpomwn Form ROW.W.14 (Rev.11120) Page 1 of 3 SPECIAL WARRANTY DEED TxDOT ROW CSJ: 0912-31-312 TxDOT Parcel ID: Parcel 2 Grantor(s),whether one or more: The Crossing at 288 Phase 2,Ltd.,a Texas limited partnership Grantor's Mailing Address(including county): The Crossing at 288 Phase 2,Ltd,,a Texas limited partnership Attu:Herbert D.Weitzman,Manager 1800 Bering,Suite 550 Houston,Texas 77057 (Harris County) Grantee: City of Pearland, a political subdivision of the State of Texas Grantee's Mailing Address(including county): 3519 Liberty Drive Pcarland,Texas 77581 (Brazoria County) Consideration: The sum of SEVENTY-FOUR THOUSAND THREE HUNDRED THRITY SEVBN and no/100 Dollars ($74.337.00)to Grantor in hand paid by Grantee,receipt of which is herdby acknowledged, and for which no lien is retained,either expressed or implied. The consideration recited herein represents a settlement and compromise by all parties as to the value of the property herein conveyed in order to avoid formal ED proceedings and the added expenses of litigation. Property: All of that certain tract or parcel of land in Brazoria County,Texas,being more particularly described in the attached Exhibit A(the"Property"), Paae 508 of 539 I Form ROW-N•14 (Rev.11120) Pogo 2 or 3 Reservations from and Exceptions to Conveyance and Warranty: This conveyance is Made by GrantOr and accepted by Grantee subject tattle following; 1. Visible and apparent easements not appearing of record. 2. Any discrepancies,conflicts,or shortages in area or boundary lines or any encroachinents,or any overlapping of itpvovements which a current survey would show 3. Easements; restrictions, reservations, covenants;. conditions, 'oil and gas leases,_ mineral severances, and encumbrances for taxes.and assessments (other than liens and conveyances) presently of record in the Official Public Records.razoth of County, Texas, that affect the property,but only to the extent that said items are still valid and in force and effect at this time. Grantor reserves all of the oil,.gas, and sulfur in and under the Property but waives all rights of ingress and egress to:the surface thereof for the purpose of exploring, developing, mining or drilling for same; however,,nothing in this reservation shall.affect'the title and rights of the Grantee, its successors and assigns,to take.and use all other minerals and materials thereon,therein,and thereunder. Grantor is retaining title to the following improvements ("Retained Improvements") located on the Property,.to wit; NONE Grantor covenants and agrees to remove the Retained Improvements from the Property by N/A after closing,subject to such extension4of time as may be granted.by Grantee in writing. In the event Grantor fails, for any reason, to remove the Retained Improvements within the time prescribed;then,without further consideration,.title to.all or part of such Retained Improvements not so removed shall pass to and vest in Grantee,its successors and assigns,forever. GRANTOR,for the.Consideration and subject toTe Reservations from Conveyanca and the Exceptions to Conveyance and Warranty;grants,sells;and conveys to Grantee the Property,together with all and singular the rights and appurtenances thereto in any way belonging,to.have and to hold it to Grantee and Grantee's successors and assigns forever. grantor binds Grantor and Grantor's.heirs, successors, and assigns to Warrant and Forever Defend all and singular the Property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or,any part thereof,by,through or. under Grantor, but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. EXECUTED on the date(s)of acknowledgment indicated below GRANTOR: The Crossing at.288 Phase 2,. Ltd., a Texas limited partnership By; The Crossing at 288 Phase 2 One, L.C., a Texas limited liability company,its general partner By; Herbert D.Weitzman,.Manager Pang Ar1Q of c Q Form ROW-N•14 (Rev.11/20) Page 3 of 3 Date: Aeknewledgment State of Texas County of This instrument was acknowledged before me on by The acknowledging pelsoli personally appoared'by: ❑physically appearing before me. ❑ appearing by an interactive two-way audio and video communication that meets the requirements for online notarization under Texas Government Code, Chapter 406,Subchapter C, Notary Public's.Signature Corporate Agkiiowlcdgmeat State of Texas County of This instrument was,acknowledged before melon ;20 , by Herbert D.Weitzman,Manager of The Crossing at 288 Phase 2 One,LC.,a Texas limited liability company,the general partner of The Crossing at 288 Phase2,Ltd.,a Texas limited partnership;on behalf of said entity, The acknowl'edging.person personally appeared by: ❑physicallyappearing before me; ❑ appearing by an interactive two-way audio and video communication that meets the requirements for online notarization under Texas Government.Code,Chapter 406,Subchapter C. Notary Public's Signature 070185.0000022 EMF US 81622724v2 Page 510 of 539 � i ^ ,..,It.`_7 >n. EXHIBIT"C=1" I .u: I i, 'k',.P{ 't 1;' ! , 1 j;;1F' •'I, �1 I 1.i % 1 1' t , , . ." tf . , l , It ir; ' Its ;;., , _NICOLE 6AfVEWAv ;n;u;r11111i��rr,rl 1 : ; r , r9..r•;1�tflR,,Jllf. 'I Sr Nt' ? ?rSG�I v'vLA �F S '3.Ia6if S, i,.z,tr .q r 11.Ulbrl7r.�iti'll6 .11i,(11.w t- Ag i,',4, • 'AY t 'r ` •r'_ .jc.{9.s v , -; ivY'I to(* ^.t.l"' L Ir ... 1/1 ° I ,t 1 z I ..)i1 aaia•.I.. . C ,, - .,--t "-„:3:rn '''LSD i-t 1 y.11-1 A. I`,-urh rr�-u.. ��.ft• 1 t. �..,.1 t _l 1 '" f ''A' i I t ?t I'(en f." -, v�7 6 i 1 t 1i • i,..1 r r n-L.� lli. 1 '_ •7*R'"� t t. `a7f"S J•�� ° 11,,-, 1 ;�� al �,, -.I. I; ,�el '...":"".Y.' :"". .' :i• f I V.1 l '4.1 r 't1D iTa.) ,n' •I c i ,�, .a. ••, t••:un_c,t '.,.I, I• � �.11 , 1• s4 ia, add I�{ , �,S`3pt11r ,- :I' .t 1. ,, -.1 t' ' . ..y •s' (tip3 F"':i.' - ,`t-K,'',l; ',. } SCALE 1 100` 8/19/22 wza Paae 511 of 539 4 I '...,,,' 1' ›r . - `i" EMI IBI '"C•2u IILIII - ' 1/1119'.1'1t9Y°iut. ',', j/�yLI '�i11 I411114II I l�Ill�IlYll Yl[• 11 /// p1)1✓/I/IM WG.10/[taflllli JUL I ��.I1 IWIM UI1I/UIILxiL III in 111111if Iy1N1 • 1111N Ir.IW 1!111.LIL I II I. IealefloN'I111U.. IN4{4tUi1Fa11 « r.1 uwnn.wali Slim 1111Wa Ll[If1L II a mu ruuaaN'Milt 1MI,U7,N14tiW II m 11111 must Mmussi"1111 '1 m ll14I/1M,Ipglln•18U 11111II1 U{a F•11 fC r[I11t► el II m I1 IS SI nll•IPf II, 11 0 14UMW iGClu1.•0111 1x1011t1 no o III lIilu stomUnnli II ail IIIINiI11i IIY111a1•IIIII WW11.W.U.111111W11I11IJL" a o utlnfVillWlna•aall 11 0 II tea raw WU nmTmrnn'minili411711l ' ;I IIgo elf b"ii~ ua Mlu 1i +s uWi gWile fKMn WWIU11/0111I • tv ,. 11 H-l-f��E '�IffN�fl�I .I4I��I� ec�oseo tl 1%• . .1�c �ItI�lII 11.1i) p r noliti1n/ •,•1 'MO VOW .:JLy-Lill 1p. 1 Ai i- i' ,.:,a^' ��Id l.I•�h-Fi ' , _ ••Y I ii I 1. {�T r '' "� _ '— l 2 -� >r.. n�.!,,3-•t;rl:>><< i I II Ili ii »> j' I Iidi�y �• 1' _ • w{Tt rllx111414 in �f //. / /il��iii'�Irf%��f�� If" is 1 e,,,,.aaawwu. -�-- o�irZ�\ `` rr .. ti^^•r, I.ii Tlnk ._{...._.. ..._...�.:%17II�indin - .. • ►0•• , '1 111 h 1—.••— - a,,1'uiiw+li•.'7prope 11 g • - i 1141. O• a e BIDEWALK \ L • CLOBED 1�1..(�I 1t1'IS• till •fM1Y0n11lalit111n i ok 'Jail city oo? oo:lcannd,lexal • • .lr.s frf/auA'rflolm i - {II11N IIMS IOU TEMPORARY-DRIVEWAY ii EXHIBIT 2 • 070185.0000022 EMF_US 88878595v5 - . I Paae 512 of 539 2023013349 Total Pages. 13 PARTIAL RELEASE OF LIEN THE STATE OF TEXAS § § KNOW ALL MEN BY THESE,PRESENTS. COUNTY OF BRAZORIA § WHEREAS, the undersigned warrants and represents that it is the current owner and holder of a debt and lien securing same described as follows. Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing, made by THE CROSSING AT 288 PHASE 2, LTD.,, a. Texas limited partnership, as Trustor, to R. JEFFREY'SMITH, ESQ., an individual, as Trustee, for the benefit of AETNA LIFE INSURANCE COMPANY, a Connecticut. corporation, as Beneficiary, dated September 29, 2006, and recorded October 2; 2006, as Document #2006058301; in the Official Records of Brazoria County, (the "Deed of Trust"), securing that certain promissory note executed by Trustor in the original principal amount of$20,300,000.00 Which lien secures said debt upon the following property. SEE.EXHIBIT A AND EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. THEREFORE, the undersigned,, in consideration of Ten Dollars ($10) lawful money of the United States, the receipt of which is hereby acknowledged, has this day, and does by these. presents RELEASE, DISCHARGE AND QUITCLAIM unto the Maker, his, her or its successors,heirs or assigns, as the case may be,all the right,title, interest and estate in and to the property described on EXHIBIT A attached hereto which the undersigned has or may be entitled to by virtue .of said Deed of Trust, and does hereby declare the same fully released and discharged therefrom, and from any and all other liens and security interests on the property above described. HOLDING AND RETAINING the lien of said Deed of Trust with respect to the property described on EXHIBIT B attached hereto and all other property and collateral described therein. AND FURTHER, the undersigned, for said consideration, hereby releases that certain Assignment of Leases and Rents made by THE CROSSING AT 288 PHASE 2, LTD., a Texas liinited partnership, as Assignor, to AETNA LIFE INSURANCE COMPANY, a Connecticut corporation, as Assignee,dated September 29,2006, and recorded October 2,2006,as Document #2006058302, m the Official Records of Brazoria County, solely to the extent affecting the property described on EXHIBIT A attached hereto, holding and retaining the lien of said Assignment of Leases and Rents with respect to-the property described on EXHIBIT B. [SIGNATURE PAGE FOLLOWS] 131748565.1 Page 513 of 539 2023013349 Page 2 of 13 EXECUTED this 9th day of February 2023 AETNA LIFE INSURANCE COMPANY, a Connecticut corporation By /Sr/ Name: Anne M. urwood Title. Investment Manager ACKNOWLEDGMENT STATE OF CONNECTICUT COUNTY OF HARTFORD § Before me, the undersigned .authority, on this day personally appeared Anne M. Burwood, [check one], _x_ known to me or proved to me through (description of identity card) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that said person executed the same for the purposes and consideration therein expressed, in their capacity as Investment Manager(title)of'AETNA LIFE INSURANCE COMPANY, a Connecticut corporation. Given under my hand and seal of office this 9th day of February, 2023 Notary Public,fp tate of mn4' Printed name• hf)11 k 1AOrriS0A Commission expires. 1• $%•to2b. AFTER RECORDING RETURN TO: Carlton Fields One State.Street, Suite 1800 LSHERI ANN ®RP118ON Hartford,Connecticut 06103 ihr lOtBPj,'Pllliiic,S r,it s of Cut Attn. Kate S. D'Agostino,. Esq �" 1 y Commission Expires Jam 31,2026 131748565.1 Paae 514 of 539 2023013349 Page 3 of 13 EXHIBIT A. LEGAL DESCRIPTION (RELEASED PROPERTY) Being 0.0466 acres(2,031 square feet)parcel of land situated in the J W Maxey Survey;Abstract 675, Brazoria County,Texas;being out of and a(portion of that certain called 8.269 acre tract of land conveyed to The Crossing at 288 Phase 2,LTD.,by Deed executed January 12;2006,as recorded in File Number 2006002557 in the Official Records of Brazoria County,Texas; said 0.0466 acre parcel of land being more particularly described by Metes and bounds as follows: COMMENCING at a found"X"scribed in concretefor the Southwest corner of said 8.269 acre tract,and being an interior corner of The Crossing at 288 a subdivision as recorded in File Number 2009047929 in the Official Public Records of Brazoria County Texas; THENCE,North 86°45' 09"East;with the South line of said 8.269 acre tract,a distance of 489.5 8 feet to a point for corner in the Existing West right-of-Way line of Smith Ranch Road(right-of-way varies),as recorded in File Number2002020.4.63 in the Official Records of Brazoria County,Texas;and Volume 2, Page 99 in the Public Records.of Brazoria County,Texas; THENCE,North 03° 14'38"West,with the Existing West right-of-way of said Smith Ranch.Road,a distance of 346.88 feet to a set 5/8-inch iron rod with TxDOT aluminum cap(unable to set)for corner in the Proposed West right-of-way of said Smith Ranch Road and being the POINT OF BEGINNING and the South corner of the herein described tract;at proposed baseline station'27+5.1.93, 50.00-feet left; having coordinates of N= 13,771,058.59 and E=3,118,047.92;** 1 THENCE,North 03° 14' 38"West,with the Proposed West right-of-way of said Smith Ranch Road,at a distance of 248.07 feet passing a-set 5/8-inch iron rod with TxDOT aluminum cap at Station 30+00.00,.50-feet left; a total distance of 359.88 feet to a set 5/8-inch iron rod with TxDOT aluminum cap for corner in the<North line of said 8.269 acre tract and the South line of that certain called 10 7583 acre tract of land conveyedto Brazoria Drainage District No.4 by Deed executed October 12,2005 as recorded in Clerk's.File_Number 2005058723 in the Official. Records of Brazoria County,Texas;** 2. THENCE, South 89°52'24"East,with the North line of said 8.269 acre tract and the South line' of said 10.7583 acre tract,a distance of 10.02 to a found 5/8-inch iron rod with cap for corner in the.Existing West right-of--way line of said Smith Ranch Road(right-of:.way varies)as recorded in Volume 2,Page 99 in the Plat Records of Brazoria County,Texas arid Clerk's File Number 2002020463 in the Official Public Records of Brazoria County, Texas; THENCE,with said Existing West right-of-way of Smith Ranch Road and the East line of said 8.269 acre tract as follows: 3 South_03° 14' 38"East,a distance of 46.29 feet to a found 3/4-inch iron rod for corner at the ' beginning of a tangent curve to the right; 4 Along the arc of said curve to the right having a radius of 2,050.00 feet,a central angle of 02°36' 20",an arc length of 93.22 feet and a chord of South 01°56'29"East,93.21 feet to a found 3/4- inch iron rod for corner at a point of tangency; 131748565.1 Page 515 of 539 2023013349 Page 4 of 13 5 South 00°38' 18"East,a distance of 126.76 feet to a point for corner at the beginning of a tangent curve to the left; 6. Along the arc of said curve to the left,having a radius of 2,050.00 feet,a central angle of 02°36' 19",an arc length of 93.21 feet and a chord of South 01°56' 28"East,93.20 feet to the POINT OF BEGINNING;containing 0.0466 acres(2,031 square feet)of land. 131748565.1 Pane 516 of 539 2023013349 Page 5 of 13 EXHIBIT B LEGAL DESCRIPTION (RETAINED PROPERTY) Tract 1 8.2688 Acres STATE OF TEXAS § COUNTY OF BRAZORIA § A METES AND BOUNDS description of a certain 8.2688 acre tract of land situated in the John W Maxey Survey, Abstract.No.1675, Brazoria County, Texas, being all of a.called 8.269' acre tract (Tract 1) conveyed to The Crossing at 288 Phase 2, LTD by Special Warranty, Deed recorded under Clerk's File No. 2006002557 of the Brazoria County Official Public Records of Real Property;.said 8.2688 acres being more particularly described as follows with all bearings based on a call of North 03°15'04' West along the west line of a called 1 1810 acre tract recorded under Clerk's File No 03-0370.78 of the Brazoria County Official Public Records of Real Property; COMMENCING,at a 3/4-inch iron rod.(with cap stamped "Cotton Surveying") set On the east line of State Highway No. 288 (right of-way varies), being the southwest corner of a called 10 7533 acre tract recorded under Clerk's File No: 02-043761 of the Brazoria County Official Public Records of Real Property, from said iron rod; a found 5/8-inch iron rod bears North 45° 22'25" East, 0.23.feet; THENCE, South 89952'49" East,along the south line of said 10 7533 acre tract, 160.86_feet to an "X" in concrete set for the POINT OF BEGINNING of the herein described tract; THENCE, South 89°52'49" East, continuing along the south line of said 10.7533 acre tract, 513 47 feet to a 3/4-inch iron rod (with cap stamped "Cotton.Surveying") set for the southeast corner of said 10.7533 acre tract; being on the west line of County Road 94 (varying width), recorded in Volume 2, Page 99, Volume 2, Page 107, and Volume 128, Page 96 of the Brazoria County Deed Records, Volume 23, Pages 97-98, and Volume 23,Pages 377-378 of the Brazoria County Plat Records, and Clerk's File No 02-020463, Clerk's File No. 03-066241 of the Brazoria County Official Public Records of Real Property; THENCE,along said west line,the following five(5)courses and distances. 1 South 03°-15'04" East, 46.30 feet to a 3/4-inch iron rod (with cap stamped "Cotton Surveying") set at the beginning of a curve to the right; 2. In a southeasterly direction along the arc of said curve to the right, having a radius of 2050.00 feet, a central angle of 02°36'19", an arc length of 93.22.feet and a chOrd bearing South 01°56'54" East, 93.21 feet to a 3/4-inch iron rod (with cap stamped "Cotton Surveying")set; 3. South 00°38'44" East, 126 76 feet to a "V" in concrete sidewalk set at the beginning of a A/75907587 131748565.1 Page 517 of 539 2023013349 Page 6 of 13 curve to the left; 4 In a southeasterly direction along the arc of said curve to the left, having,a radius of 2050 00 feet,, a central angle of 02°36'19", an arc length of 93.22- feet, and a chord bearing South 01°56'54" East,93.21 feet to an"X" in concrete set;. 5 South 03,°.15'04" East, 346.87 feet to a"V" cut m concrete,set; THENCE, South 86°44'55" West,490:00 feet to an"X" cut in concrete set; THENCE,North 03°15'04." West,356.45 feet to an "X" cut in concrete set; THENCE, South 86°44'55" West, 12.59 feet to an"X" cut in concrete set; THENCE, North 03°15'04" West, 379 92 feet to the POINT OF BEGINNING, CONTAINING 8.2688 acres of Iand in Brazoria County, Texas as shown on Drawing No. 5729(F)(OS) in the offices of Cotton Surveying,Houston,Texas. Tract 2 6.0531 Acres STATE OF TEXAS § COUNTY OF BRAZORIA§ A METES AND BOUNDS description of a certain 6 0531 acre tract of land situated in the John W Maxey Survey, Abstract No 675, Brazoria County, Texas, being a portion of Tract 4 conveyed to The Crossing at 288 Phase 2, LTD., by Special Warranty Deed, recorded under Clerk's File No 2006002557 of the Brazona County Official Public Records of Real Property; said 6.0531 acres being more particularly described as follows with all bearings being based on a call of North 03°15'04" West along the west line Of a.called 1 1810 acre tract recorded under Clerk's File No 03-037078'of the Brazoria County Official Public Records of Real Property, COMMENCING at a 3/4-inch iron rod (with cap stamped "Cotton Surveying") set on the east line of State Highway No. 288 (rightf of way varies), being the: southwest corner of a called 10 7533 acre tract recorded under Clerk's File No. 02-043761 of the Brazoria County Official Public Records of Real Property, from)said iron rod; a found 5/8-inch iron rod bears North 45° 22'25" East,0.23 feet; THENCE, South 89°52'49" East, along the south line of said 10 7533 acre tract, 674.33 feet to 3/4-inch iron rod (with cap stamped "Cotton Surveying") set at the southeast corner of said 1.0 7533 acre tract, being the west line of County Road 94.(varying width), recorded in Volume 2, Page 99, Volume 2, Page. 107 and Volume 128, Page 96 of the Brazoria County Deed Records, Volume 23, Page 96-98' and.Volume 23, Pages 377-378 of the Brazoria County Plat Records and Clerk's File No: 02-020463, Clerk's File No. 03-066241 of the Brazoria County Official Public Records of Real Property; THENCE, along said west line,the following five(5)courses and distances. 131748565.1 Page 518 of 539 2023013349 Page 7 of-13 6. South 03°15'04" East; 46.30 feet to a. 3/4-inch iron rod (with. cap stamped "Cotton Surveying")set at the beginning of a curve to the right; 7 In a southeasterly direction along the arc of said curve to the right, having a radius of 2050:00 feet, a central angle of 02°36'.19", an arc length of 93:22 feet and a chord bearing South 0.1°56'54" East, 93.21 feet to a 3/4-inch iron rod (with cap stamped "Cotton. SurveYing") set; 8. South 00°38'44" East; 126.76 feet to a "V" in concrete sidewalk set at the beginning of a. curve to the left; 9 in a southeasterly direction along the arc of said curve to the left,. having a radius of 2050 00 feet, a central angle of 02°36'19", an arc length of 93.22 feet, and a chord bearing South 01°56'54" East, 93.21 feet to an"X" in concrete set; 10 South 03°15'04" East, 346.87 feet to a. "V" cut in concrete set at the POINT OF BEGINNING of the herein described tract; THENCE, South.03°15'04" East, 408.46 feet to a 3/4-inch iron rod (with cap stamped "Cotton Surveying") set; THENCE, South 87°11'O1" West, 753.63 feet along the northerly line of a 50 foot wide Houston Pipeline,Company Easement; recorded in Clerk's File NO 85184631 of the Brazoria County Official Public Records. of Real. Property to a 3/4-inch iron rod (with cap stamped "Cotton Surveying")set in the said easterly line Of State Highway 288, THENCE, North 07°34'07" West, 90.81 feet along the said easterly line of State Highway 288 to a 3/4-inch iron rod (with cap stamped "Cotton Surveying") set at the beginning of a curve to the right; THENCE, in a northerly direction along the arc of said. curve,to the right having a radius of 1091.35 feet, a central angle of 06°37'46", an arc length of 126.28.feet and a long chord bearing North 04°15'14" West, 126:21 feet to.a 3/4-inch iron rod(with cap stamped "Cotton Surveying") set; THENCE,North 86°44'55" East, 242.66 feet along the southerly line of a 1 0023 acre tract to a point in a.grate top.inlet; THENCE, North 03°15't05" West, 186.00.feet along the east line of said 1 0023 acre tract to a point in a grate inlet; THENCE, North 86°44'55" East, 520 00 feet to the POINT OF BEGINNING, CONTAINING 6.0531 acres of land in Brazoria County, Texas as shown on Drawing No. 5729 (F)and(G)in the offices of Cotton Surveying Company,Houston,Texas. Tract 3 0.8629 Acres 131748565.1 Paae 519 of 539 2023013349 Page 8 of 13 STATE OF TEXAS COUNTY OF BRAZORIA § A METES AND BOUNDS description of a certain 0 8629 acre tract of land situated in the John W Maxcy Survey, Abstract No 675, Brazoria County, Texas, being a portion of Tract 4 conveyed to The Crossing at 288 Phase 2, LTD., by Special Warranty Deed, recorded under CIerk's File No 2006002557 of the Brazoria County Official Public Records of Real Property; said 6.0531 acres being more particularly described as follows with all bearings being based on a call.of North 03°15'04" West along the west line of a called 1 1810 acre tract recorded under Clerk's File No. 03-037078 of the Brazoria County Official Public Records of Real Property, BEGINNING at a 5/8-inch iron rod(with cap stamped "Costello Inc RPLS 4416") found at the northeast corner of a called 0.0207 are tract conveyed to Brazoria County Municipal utility District No. 6 by Special Warranty Deed recorded under Clerk's File No: 02-021450 of the Brazoria County Official Public Records of Real Property, said iron rod being in the west line of County Road 94, THENCE, South 87°11'01" West, 749 86 feet along the south line of a called 50 foot wide Houston Pipeline Company Easement recorded in Clerk's File No. 85184631 of the Brazoria County Official Public Records of Real Property to a 5/8-inch iron rod (with cap stamped "Cotton Surveying")found in the easterly line of State.Highway 288 (right-of-way varies); THENCE,North.07°34'07" West, 50.17 feet along the said easterly line of Sate Highway 288 to a 3/4-inch iron rod(with cap stamped"Cotton Surveying")set; THENCE, North 87°11'O1" East, 753.63 feet along the northerly line of said 50 foot wide Houston Pipeline Company Easement recorded in Clerk's File No. 8518,4631 of the Brazoria County Official Public Records of Real Property to a 3/4-inch iron rod (with cap stamped "Cotton Surveying") set in the west line of County Road 94 (varying width) as recorded in Volume 2, Page 99,. Volume 2, Page 107 and Volume 128, Page 96 of the Brazoria County Deed Records, Volume 23, Page 96-981 and.Volume 23, Pages 377-378 of the Brazoria County Plat Records and Clerk's File No 02-020463, Clerk's File. No. 03-066241 of the Brazoria County Official Public Records of Real Property; THENCE, South 03°15'04" East, 50.00 feet along the said west line of County Road 94 to the POINT OF BEGINNING; CONTAINING 0.8629 acres of land in Brazoria County, Texas as shown on Drawing No. 5729(G)in the offices of Cotton Surveying Company, Houston,Texas. Tract 4 8.2870 Acres STATE OF TEXAS § COUNTY OF BRAZORIA § A METES AND BOUNDS description of a certain 8.2870 acre tract of land situated in the John W Maxcy Survey, Abstract No 675, Brazoria County; Texas, being a portion of Tract 4 conveyed to The Crossing at 288 Phase 2, LTD., by Special Warranty Deed; recorded under Clerk's File No. 2006002557 of the Brazona County Official Public Record§ of Real Property; 131748565.1 Page 520 of 539 2023013349 Page 9 of 13 said 6.0531 acres being more particularly described as follows with.all bearings being:based on a call of North 03°15'04" West along the west line of a called 1 1810 acre tract recorded under Clerk's File No. 03-03.7078 of the Brazoria County Official Public Records of Real Property, COMMENCING at a 5/8-inch iron rod(with cap stamped "Costello Inc RPLS 4416")found at southeast corner of called 0 0207 acre tract conveyed to. Brazoria County Municipal utility District No. 6 by Special Warranty Deed recorded under Clerk's File No. 02-021450 of the Brazoria County Official Public Records of Real Property, said iron rod being in the easterly line of County Road 94 (right-of-way varies) recorded in Volume 2, Page 99, Volume 2, Page 107 and Volume 128,-Page 96 of the Brazoria County Deed Records, Volume 23, Page 96-98 and Volume 23, Pages 377-378 of the Brazoria County Plat Records and Clerk's File No. 02- 020463, Clerk's File No 03-066241 of the Brazoria County Official Public Records of Real Property; THENCE, South,03°15'04".East, 631 42 feet along the said west line of said County Road 94 to an "X" in concrete found at the northeast corner of a called 1 1810 acre tract recorded under Clerk's File No. 03-037078 of the Brazoria County Official Public Records.of Real Property; THENCE, South 86°44'55" West, 183 06 feet along the north line of said 1 1810 acre tract to an "X" in concrete found, THENCE,North 03°15'04 "West,34 4 I{ feet to an "X" in concrete found; THENCE, South 86°44'56" West, 169.20 feet along the north line of a called 1 1565 acre tract to an "X" in concrete found, THENCE, South 03°,15'04" East, 33 41 feet to an"X" in concrete found, THENCE, South 86°44'56" West, 35107 feet along the north line of a called 2.3115 acre tract to a 3/4-inch iron rod (with cap stamped "Cotton Surveying") found in the east line of State Highway 288 (right-of-way varies), said point being in the arc of a curve to the left; THENCE, in a northerly direction alo g the:arc of said curve to the left having a radius Of 3002.60.feet, a central angle of 01°39'18", an arc length of 86 73 feet and a long chord bearing North 05°31'27" West, 86:73 feet to a 3/4-inch iron rod (with cap stamped "Cotton Surveying") set; THENCE,North 86°42'04" East, 201 75 feet along the south line of a called 1.2845 acre tract to an "X" in concrete found; THENCE, North 03°15'05 "West, 514.37 feet partially along the east line of said 1.2845 acre tract to an "X" in concrete found; THENCE, South 86°42'O5" West,_239 90 feet to a 3/4-inch iron rod (with cap stamped "Cotton Surveying")found, said iron rod being in the said east line State Highway 288, THENCE, North 07°34'07" West, 65.29 feet to a 5/8-mch iron rod (with cap stamped "Cotton Surveying")found, THENCE, North 87°11'01" East, 719.86 feet along the south line of the called 50. foot wide 131748565.1 Paae 521 of 539 2023013349 Page 10 of 13 Houston pipeline Company Easement, recorded in Clerk's File No. 85184631 of the Brazoria County Official Public Records of Real Property to a 5/8-inch iron rod (with cap stamped "Costello Inc RPLS 4416") found at the northwest corner of said 0.0207 acre tract recorded in Cleric's File No.02-021450 of the Brazoria County Official Public.Records of Real Property; THENCE; South 03°15'04 "East, 30 0) feet to a 5/84nch.iron rod.(with cap.stamped "Costello Inc RPLS 4416")found at the southwest corner of said called 0 Q207 acre tract; THENCE,North 87°1.1'01" West, 30 op feet along the south line of said called 0.0207 acre tract to the POINT OF BEGINNING, CONTAINING 8.2870 acres of land in Brazoria County; Texas as shown on Drawing No. 5729 (G)(OS) in the offices of Cotton Surveying Company, Houston; Texas. Tract 5 1.3194 Acres. STATE OF TEXAS COUNTY OF BRAZORIA § A METES AND BOUNDS description of a certain 1.3194 acre tract of land situated in the John W Maxcy Survey, Abstract No. 675; Brazoria County;.Texas, being a portion of Tract 4 conveyed to The Crossing at 288 Shopping Center, LTD., by Special Warranty Deed, recorded under Clerk's File No. 2006002557 of the Brazoria County Official Public Records of Real Property; said 1.3194 acres being more particularly described as follows with all bearings being based on a call of North 03°15'04 West along the west line of a called 1 1810 acre tract recorded under. Clerk's File No 03-037078 of the Brazoria County Official Public Records of Real Property, COMMENCING at a 3/4-inch iron rod (with cap stamped "Cotton Surveying") found on the east line of State Highway 288 (right...�of way varies) at the intersection with the north line of F.M. 518 (nght-of-way vanes),being the most westerly south corner of said 5.1719 acre tract; THENCE,.North 02°58'30" West, along the east line of said State Highway 288, 137.86 feet to a 3/4-inch iron rod(with cap stamped"Cotton Surveying")found at the beginning of a curve to the left; THENCE, in a northwesterly direction, continuing along said east line and the arc of said curve to the left, having a radius of 3002.60 feet, a central angle of 04°35'37", an arc length of 240 73 feet and a chord bearing North 05°16'19" West, 240.67 feet to a 3/4-inch iron rod (with cap stamped"Cotton Surveying")found; THENCE, North 07°34'07" West, continuing along said east line,.201.94 feet to a 3/4-inch iron rod (with cap stamped "Cotton Surveying") set for the POINT OF BEGINNING of the herein described tract; THENCE, North 07°34'07" West, continuing along said east line, 250.06 feet to a 3/4-inch iron rod(with cap stamped "Cotton Surveying")found, THENCE,North 86°42'05" East, 239 90 feet to an "X" cut m concrete found, 131748565.1 Page 522 of 539 2023013349 Page'11 of 13 THENCE, South 03°15'05" East, 249.36 feet.to a PK Nail set in an expansion.joint, from which a found PK Nail bears South 45°East,0.16 feet; THENCE; South 86°42'05" West, 22108 feet to. the POINT OF BEGINNING; CONTAINING 1.3194 acres of land in Brazoria,County, Texas as shown on Drawing No 5729(G)(OS) in the offices of Cotton Surveying Company, Houston, Texas. Tract 6—Easements: Easements appurtenant created by that certain Reciprocal Easement Agreement dated June 16, 2003, by and between The Crossing At 288 Shopping Center, Ltd. and JP Morgan Chase Bank, recorded under County Clerk's File No. 03-037079 of the Official Public Records of Brazoria County,Texas. Easements appurtenant created by that certain Reciprocal Agreement dated January 12,.2006,by and between:The Crossing At 288 Phase 1, Ltd. and The Crossing At 288 Phase 2, Ltd., recorded under Brazoria County Clerk's File No. 2006002558. SAVE AND EXCEPT THE FOLLOWING: Being 0.0466 acres(2,031 square feet)parcel of land situated in the J W Maxey Survey,Abstract 675, Brazoria County,Texas;being out of and a portion of that certain called 8.269 acre tract of land conveyed to The Crossing at 288 Phase 2,LTD.,by Deed executed January 12,2006,as recorded in File Number 2006002557 in the Official Records of Brazoria County, Texas; said 0.0466 acre parcel of land being more particularly described by metes and bounds as follows: COMMENCING at a found"X"scribed in iconcrete for.the Southwest corner of said 8.269 acre tract,and being an interior corner Of The Crossing at 288 a subdivision as recorded in File Number 2009047929 in the Official Public Records-of Brazoria County Texas; THENCE,North 86°45' 09"East,with the South line of said 8.269 acre tract;a distance of 489.58 feet to a point for corner in the Existing West right-of-Way line of Smith Ranch Road(right-of-way varies),as recorded in File:Number 2002020463 in the Official Records of Brazoria.County,Texas;and.Volume 2, Page 99 in the Public Records of Brazoria County,Texas; THENCE,North 03° 14'38" West,with the Existing West right-of-way of said Smith Ranch Road,a , distance of 346.88 feet to a set 5/8-inch iron rod with TxDOT aluminum cap(unable to set)for corner in the Proposed West right-of-way Of said Smith Ranch Road and being the POINT OF BEGINNING and the South corner of the herein described tract;at proposed baseline station 27+51.93, 50.00-feet left; having coordinates of N= 13,771,058.59 and E=3,118,047.92;** 7 THENCE,North 03° 14' 38"West,iwith the Proposed West right-of-way of said Smith Ranch Road,at a distance of 248.07 feet passing a set 5/8-inch iron rod with TxDOT aluminum cap at Station 30+00.00, 50-feet left;a total distance of 359.88 feet to a set 5/8-inch iron rod with TxDOT aluminum cap for corner in,the North line of said 8.269 acre tract and the South line of that certain called 10.7583 acre tract of land conveyedto Brazoria Drainage,District No.4 by Deed executed October 12,2005 as recorded in Clerk's File Number 2005058723 in the Official Records of Brazoria County,Texas; * 131748565.1 Page 523 of 539 2023013349 Page 12 of 13 8. THENCE, South 89°52'24"East,with the North line of said 8.269 acre tract and the South line of said 10.7583 acre tract,a distace of 10.02 to a found 5/8-inch iron rod with cap for corner in the Existing West right-of-way line of said Smith Ranch Road(right-of-way varies)as recorded in Volume 2,Page 99 in'the Nat Records of Brazoria County,Texas and Clerk's.File Number 2002020463 in the Official Publie Records of Brazoria County,Texas; THENCE,with said Existing West right-of-way of Smith Ranch Road and the East line of said 8.269 acre tract as follows: 9 South 03° 14' 38"East,a distance of 46.29 feet to a found 3/4-inch iron rod for corner at the beginning of a tangent curve to the right;, 10 Along the arc of said curve to the right having a radius of 2,050.00 feet, a central angle of 02°36' 20';an arc length of 93.22 feet and a-chord,of South 01° 56'29"East,93.21 feet to a found 3/4- inch iron rod for corner at a point of tangency; 11 South 00°38' 18"East,a distance of 126.76 feet to a.point for corner at the beginning of a tangent curve to the left; 12. Along the arc of said curve to the left,having a radius of 2,050.00 feet,a central angle.of 02°36' 19",an arc length of 93.21 feet and a chord of South 01°56' 28"East,93.20 feet to the POINT OF BEGINNING;containing 0.0466 acres(2,031 square feet)of land. 1317485651 Page 524 of 539 2023013349 P9 a a 13 of 13 FILED and RECORDED Instrument Number 2023013349. Filing and Recording Date 03/27/2023 10'34-1.2 AM Pages 13 Recording Fee $70 00 I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC.RECORDS of Brazoria County, Texas. : . . Joyce Hudman,:County Clerk Brazoria County, Texas ANY PROVISION CONTAINED IN ANY DOCUMENT WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE.REAL PROPERTY DESCRIBED THEREIN BECAUSE OF RACE OR COLOR IS INVALID UNDER FEDERAL LAW AND IS UNENFORCEABLE. DO NOT DESTROY- Warning, this document is part of the Official Public Record. cclerk=hailey Page 525 of 539 2023013354 Total Pages. 4 TEMPORARY CONSTRUCTION EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS. COUNTY OF BRAZORIA § That£The Crossing at 288 Phase 2,Ltd.,a Texas limited partnership hereinafter the Grantor,for the sum of ONE DOLLAR ($1.00) and other valuable considerations, receipt and sufficiency of which is hereby acknowledged,does grant to the City of Pearland,a municipal corporation in the County of Brazoria,State of Texas,hereinafter the Grantee, its successors and assigns,a Temporary Construction Easement over, under and through the portion of the property labelled "Easement Area" on Exhibit"C-2 rev" attached hereto. The above-described easement is to be used for the purpose of the construction of a temporary driveway,Including all incidentals related to said construction of the temporary drive. The Temporary Construction Easement includes the right of ingress and egress over and through the above-described real estate. This easement is subject to the following express conditions: 1 This easement shall expire on the 30th day of July, 2025, or on the date of completion of construction of the highway facility,whichever occurs first. 2. Upon expiration of this Temporary Construction Easement, all right, title and interest to the property shall automatically revert to Grantors. 3. Upon expiration of this Temporary Construction Easement,the above-described property will be restored to a comparable condition that it was in when the temporary easement commenced. TO HAVE AND TO HOLD unto the said City of Pearland as aforesaid,for the purposes set forth above,the premises herein described. [signature page.follows) W70655807 2 Page 526 of 539 2023013354 Page 2 of 4 GRANTOR: The Crossing at Z88 Phase 2,Ltd,a Texas limited partnership By.The Crossing at 288 Phase 2 One,L.C.,a Texas limited liability company,its general partner By- 4, • Herbert D.Weitzman,Ma r i f Date: 12% -isiaols Corporate Acknowledgment State of Texas /� County of bI i1( ) This instrument was acknowledged before me on ),_Urn.biy j r by Herbert D.Weitzman_ Manager of Th! Crossing at 288 Phase 2,Ltd.,a Texas limited partnership on behalf of said entity. The acknowledging person personally appeared by• physically appearing before me. r° *g rERRf PRUNeD. * hiy CNotary mss+ion 7939b CIF" Expires Notary Public's Signature June 28, 2025 QS170655807.2 Paae 527 of 539 a: Exhibit "C-2 rev." cc c. tr a C C O. - Katie SIDEWALK 1ue11rpl oa ilia 21.11.11 • CLOSED ` - ®ct°Mtis�atu`c" I(TIN INnaIc t ONr"JM"70 sit Ia.T.1I - - Cp.111Uclldr s a i2.00.00`tL00•tt . MIT.lT f.1 ::, c0CYtilx ion tanow7.11•afl Its• It alt• ID t101g1[t Mann WO sra ar•11.0{ MI trtts i* Ilan ►Iy'it s' I u.1n•of SIDEWALK r, •w7•I' mu.n _ CLOSED I r°r canttcu roust n T a* �LtTCr R 11 U t-1 1t0C III aatxtC4tt 1a!.1�!is�j"�` y` �-(1� ut•u: ai iit•l' o f mwu sw+tlti,stet • I Lts• +- tr7T tRcttw a lsranc h .. t l �• . . t!. a at• la IN -a t�srtlr 10Rn tail a ray OViR101 Of iN1(Ic �' I � • -© as IN ILI'Lilt voltt11011111.111 �_.__.rtljtYRiAI'�r , _-1`..:r \ 1) 1 �•t /.. 1 .� �/i _ ✓f�I•4�'7 0��.� �f7/1�� ei to to NT uunsOttNa•IHUt to Mal a0 .o- \� �...t] j�I !die z�///'tIJed dlrm.�7f7_/��4. y t9 t:DI nr.tn.ntsa,ma•aco1 `alma te^ / 0 1t III!IV Ulf ttt6lttiVIS I r—• 7,a..: M.y ® O.in►t111O UYOrm lrttt0l = ti, .�„t=" ..j O II prow tat sllt7t lntrrllol ��i��lrrit •_ — �a1— !i 71`t © n n1 rtr I t aunt nit•nrart • t[C1r2 S ttt11 111E aft IaD(�Gn {1 /I u ft tr nt tal ta,f0r 1 ,Ta: a.sl 0.00•►1 W/ pill tlY7 YliI Q� UAW IT suigo. 9t I1•at.07.11.t0.11 TC11 1!.(fllt tDr111t 1aJUtr11/1►01111 1 SWIM nu 1.01 It,1t 6t1rr®Dx ei) .m IC ar✓uc carnttc lusttoortun I 1.00•n set a.Ir.ff,n.trlr nut WIN rtw ►ltv sTO 10 /a T %O 1Q0 SOU IT PAT • atralr t j WAAL s 1�01 Is•Igt• =a[l 1'•101' 7 ILIiI Ill tla tilt nT PTV Y11a•LWIl I WI I 11111 IMAM) •IM1nLL Oa(a•110 1111a In ■ •flat •1u rum Mt M100 r4M7Pt Windt ^1 Mal su vt•nn)10 III 11a1.01 "' .:/ Easement Area s ` , iltfT tye, • C atrgllrl IVO 1ala'tOl1 p ..v _,...� • s ltS 'I Co `` - �� / Z^ttn MAW as PAW VW w+ _ . ©�"C woow�`uitsw.a -' �f'�r� , `r..T.T9r .i•'J✓i.i�l�s�r1c•96 S�C` P a ttw.^itttt'7{nrt ^I ,1. y.✓�' +r r _ ► I/ ,dPr ri•S.`rQ�wi .C;/!//.II r4ra- rrir/Jr < t+lttclttanG R1s)tlost7l ...�wt jTA/i�/�T j' �••� /C/OJT /�/yr /�/��.Lp ��d►r�/ /��O��,Oi/ /Io/�///ID' j 1— utcuuacc rararrucvrsccnlnatwlnn s " Lei CediV�/Z/40•• AA////!/r,/ •tir 4 4�'./ LAW,' ',l/�r//ri. .r�ss///tolt�i�15/07.07A�Ar_Za ` • }; -it. .a... -�'e-- `�' " _ r ; ya 'J 9 . rYilj .0- a ' ut 1111ra4v rust 10 P . t 111 , I V.re ) City of Pcarlltnd,Texas MON 6 N 1 Texas Depatim re r: S 1 WC r0066rt of TionsporJof on s� �ft �� Willis •?11tn co n t.p a I. MAMA.Una till,I11D111s. lm 114tt3!IICGt TOIL►11►tt. l tattttl COCA CO I sett 1 III AWILLlizAt TRAIT IC CONiflOI pun x I. mutt Mums aossllr,nisi PRASE 1D a- cation WILIIIMO nC U1t IYOIM P70111T 10 STa 441.50.00 g nODal WOW tic Ito.I. lift'1.)21 , 7.UT r 4taWl10t 1011A.t m Ja m•' ma.-..�•.•.• p Z IMuwriOx t It.. .... •aa7P" 2023013354 Page 4 of 4 FILED and RECORDED Instrument Number 2023013354 Filing:and Recording Date. 03/27/2023-10 42'55:AM. Pages 4 Recording Fee $34,00 I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Brazoria County; Texas. 4*;OF2; .. Ni,: 0: Joyce:Hudman,,County Clerk Brazoria County, Texas '•r iiF B�` ' ANY PROVISION.CONTAINED IN ANY DOCUMENT WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE REAL PROPERTY DESCRIBED THEREIN BECAUSE OF RACE OR COLOR IS INVALID UNDER FEDERAL LAW AND IS UNENFORCEABLE. DO NOT DESTROY- Warning, this document is part of the Official Public Record. cclerk-hailey Page 529 of 539 2023013348 Total Pages. 10 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL, PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:; YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S. LICENSE NUMBER. ArgrZrdek. Form ROVIM4,14 (Rev.11/20) Page 1 of 3 SPECIAL,WARRANTY DEED TxDOT ROW CSJ: 0912-31-312 TxDOT Parcel ID: Parcel 2 Grantor's),whether one or more: The Crossing at 288 Phase 2,Ltd.,a Texas limited partnership Grantor's Mailing Address(including county: The Crossing at 288 Phase 2,Ltd.,a Texas limited partnership Attn:Herbert D.Weitzman,Manager 1800 Bering,Suite 550 Houston,Texas 77057 (Harris County) Grantee: City of Pearland; a political subdivision of the State of Texas Grantee's Mailing Address(including county): 3519 Liberty Drive Pearland,Texas 77581 (Brazoria County) Consideration: The sum of SEVENTY-FOUR THOUSAND THREE HUNDRED THRITY-SEVEN and no/100 Dollars ($74337.00)to Grantor in hand paid by, Grantee,receipt of which is hereby acknowledged,and for which no lien is retained,either expressed or implied. The consideration recited herein represents a settlement and compromise by all parties as to the value of the. property herein conveyed in order to avoid formal ED proceedings and.the added expenses of litigation. Property: All of that certain tract or parcel Of land in Rrazoria County,Texas,being more particularly described in the attached Exhibit A(the"Property"). bfrittOWATIObItoT Page 530 of 539 20230.13348 Page 2 of 10 Font ROW N-14 (Roil.11120) Page 2 of 3 Reservations front and Exceptions to Conveyance and Warranty: This conveyance is made by Grantor and accepted by Grantee subject to the following: 1 Visible and apparent easements not appearing of record. 2. Any discrepancies,conflicts,or shortages in area or boundary lines or any encroachments or any overlapping of improvements which a current survey would show. 3 Easements, restrictions, reservations, covenants; conditions, oil and gas leases, mineral severances, and encumbrances for taxes and.assessments (other than liens and conveyancs). presently of record in the Official Public Records IIrazoria of County, Texas, that affect the property,but only to the extent that said items are still valid and in force and effect at this time; Grantor reserves all of the Oil,gas,and sulfur in and under the Property but waives all rights of ingress and egress to the surface thereof for the purpose of exploring,developing,mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the Grantee, its successors-and assigns,to take and use all other,minerals and materials thereon,therein,and thereunder Grantor is retaining title to the following improvements.("Retained Improvements") located on e Property,to wit NONg Grantor covenants and agrees to remove the Retained Improvements from-the Property by N/A after closing,subject to such extensions of time as may be granted by Grantee in writing. In the event Grantor fails, for any reason,to remove the Retained Improvements within the time prescribed, then; without further consideration,title to all or part of such Retained Improvements not so removed shall pass to and vest in Grantee,its successors and assigns,forever. GRANTOR,for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty,grants,sells,and conveys to Grantee the Property,together with all and singular the rights and appurtenances thereto in any way belonging,to have and to hold it.to Grantee and Grantee's successors and assigns forever Grantor binds Grantor and Grantor's heirs, successors, and assigns to Warrant and Forever Defend all hand singular the Property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof,by,through or under Grantor, but not otherwise, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty EXECUTED on the date(s)of acknowledgment indicated below i GRANTOR: The Crossing at .288 Phase 2, Ltd., a Texas limited partnership By- The Crossing at 288 Phase 2 One, L.C.; a TeXas limited liab' i compan ,its eneral partner By: • Herbert D.Weitzm , anager fI Paae 531 of 539 2023013348 Page 3 of 10 Form Row-N-14 (Rev.11/20) Page3or3 Date: Acknowledgment State of Texas County of This instrument was acknowledged before me on by . The acknowledging person personally appeared.by. [i physically appearing before me. D appearing by an interactive two-way audio and video communication that meets.the requirements for online notarization Under-Texas Government Code,Chapter 406,Subchapter C: Notary Public's Signature Corporate Acknowledgment State of Texas County of DaNOX This instrument was acknowledged before me on. F ci) .. 16 ,204 by Herbert D.Weitzman,Manager. of The Crossing at 288 Phase 2 One;L.C.,a Texas limited liability company,the general partner of The Crossing at 288 Phase 2,Ltd.,a Texas limited partnership;on behalf of said entity The acknowledging person personally appeared by ysically appearing before me. ❑ appearing by an interactive two-way audio and video communieation.that meets the requirements for online notarization under Texas Government Code ( ter 406,Subchapter C. `Nt4t3E J. 1 ▪ • Notary lie's Signature ▪ e. OF 1 070185.0000022 EN US 87622724v2 Page 532 of 539 2023013348 Page 4 of 10 October 10,2018 Parcel 2 Sheet 1 of 6 Exhibit A County: Brazoria Highway: Smith Ranch Ron Limiter FM 518 to Hughes Ranch Road'. RCSJ: 0912.31-312 - PROPERTY DESCRIPTION FOR PARCEL 2 Being 0.0466 acres(2,031 square feet)parcel of land situated in the J W.Maxey Survey,.Abstract 6.75;Brazoria County, Texas; being out of and a portion of that certain callled 8.269 acre tract of land conveyed to The Crossing at 288 Phase 2,,LTD., by Deed executed January 12, 2006, as recorded in File Number 2006002557 in the Official Records of Brazoria County, Texas; said 0.0466 acre parcel of land being more particularly described by metes and bounds as follows: COMMENCING at a found"X"scribed in concrete for the Southwest corner of said 8.269 acre tract,and being an:interior corner of The Crossing at 288 a subdivision as recorded in File Number 2009047929 in the Official Public Records of Brazoria County Texas; THENCE,North 86°45'09"East,with the South line of said 8.269 acre tract,a distance of 489.58 feet to a point for corner in the Existing West right-of-way line of Smith Ranch Road (right-of: way varies), as recorded in File.Number 2002020463 in the Official Records of Brazoria County, Texas;and Volume 2,Page 99 in the Public Records of Brazoria County,Texas; THENCE, North 03° 14' 38" West, with the Existing West right-of-way of said Smith Ranch Road, a distance of 346.88 feet to a set 5/8-inch iron rod with TxDOT aluminum cap (unable to set),for corner in the Proposed West right-of-way Of said Smith Ranch Road and being the POINT OF BEGINNING.arid the South courier of the herein described tract;at proposed baseline station 27+51:93,5.0.00-feet left;having Coordinates of N=13,771,05.8.59 and E=3,118,047.92;** (1) THENCE,North 03° 14' 38"West,with the Proposed West right-of-way of said Smith Ranch Road, at a distance of 248.07 feet passing a set 5/8-inch iron rod with TxDOT aluminum cap.at Station 30+00.00;50-feetleft;a total distance of 359.88 feet to a set 5/8- inch iron rod with TxDOT aluminum cap for corner in the North line of said 8.269 acre tract and the South line of that certain called 10.7583 acre tract of land conveyed to Brazoria Drainage District No.4 by Deed executed October 12,2005 as recorded in Clerk's File Number 2005058723 in the Official Records of Brazoria.County,Texas;** Page 533 of 539 2023013348 Page 5 of 10 October 10,2018 Parcel 2 Sheet 2 Of 6 Exhibit A (2) THENCE, South 89 52' 24 East, with the North line of said 8,269 acre tract and the South line of said 10.7583 acre tract,a distance of 10.02 to a found 5/8-inch iron rOd with cap for corner in the Existing West right-of-way line of SaidSmith Ranch Road(right-of way varies) as recorded in Volume 2, Page 99 in the Plat Records of Brazoria County, Texas and Clerk's File Number 2002020463 in the Official Public Records of Brazoria County,Texas; THENCE,with said Existing West right-of-way of Smith Ranch Road and the East line of said 8,269 acre tract as follows: (3) South 03° 14' 38"East, a distance of 46.29 feet to a found 3/4-inch iron rod for corner at the beginning of a tangent Curve to the right; (4) Along the arc of said curve to.the right having a radius of 2,050.00 feet,a central angle of 02°36' 20",an arc length of 93,22 feet and a chord of South 01° 56' 29"East, 93.21 feet. to a found 3/4-inch irdn rod for corner at a point of tangency; (5) South 00° 38' 18"East,a distance of 126.76 feet to a point for corner at the beginning of a tangent curve to the left; (6) Along the arc of said curve to the left;having a radius of 2,050.00 feet;a central angle of 02° 36' 19", an arc length f 93.21 feet and a chord of South 01° 56' 28"'East,93.20 feet to the POINT OF BEGINNING; containing.0.0466 acres(2,031 square feet)of land. ** - The monument described and set maybe replaced with aTxDOT Type II right of way marker upon completion of the highway, construction project under the supervision of a registered professional land surveyor either employed or retained by TxDOT. I Page 534 of 539 2023013348 Page 6 of 10 October 10,2018. Panel 2 Sheet 3 of 6 Exhibit: A All Bearings and distances shown are based on the Texas Coordinate System,South Central Zone (4204),North American Datum of 1983(NAD83),CORS2011.(EPOCH 2010.00). All distances and coordinates shown are surface and imay be converted to grid by a combined adjustment factor of 1.00013. Grid coordinates=surface coordinates11.00013.Horizontal control was established by UPS OBS (RTN) utilizing Western Data Systems VRS Network and directly tied to Base Station HJRB-g1012, All elevations are based on the North American Vertical Datum of 1988 (NAVD88), 1991 adjustment.Elevations were derived by OPS OBS(RTN)and vertically constrained to monuments H36(Elev.54.60)and H41 (Elev.81.72'). Project units are U.S.Survey Feet Note:A Parcel plat of even date was prepared in conjunction with this property description. Note:Abstracting was provided and completed by Texas American Title in December of 2016. Note:Field surveying was performed from April 201.7 thru February 2018. Access will be permitted to the remainder property abutting the highway facility. I,Royal T.Brown,a Registered Professional Land Surveyor in the State of Texas do hereby certify that this survey was prepared from an actual,on-the-ground survey of the property described herein conducted by me or under my supervision and that this survey correctly represents the facts found at the time of the survey. ; lb ib 0 Ro .Brown � Registered Professional Land Surveyor No..3881 - l DANNENBAUM ENGINEERING CORPORATION ' T.B.P,L.S:.FIRNMREGISTRATTON NO. 101188-00 t' '� 3�38t 3100 West Alabama ;, ;If Houston,Texas 77098 \,67;1° •1, Office(713)520-9570 Fax(713)527-6452 . Page 535 of 539 M CC) 0 O CD a) U) IN •Set 5/8'Iron rod with TxDOT aluminum cap. °' cocm ** -The monument described and set may be replaced a. with a TxDOT Type lI right of way marker upon completion of the highway construction project under under the supervision of a.registered professional land surveyor either employed or retained by TxDOT. • -Found monument as noted. co FillN.T.S. p i! -Properly Line NQ o $ -Survey Line O Q I• Z •Fee Hook S. CC 7 a) •D.R.B.C.•T. -DEED RECORDS OF BRAZORIA COUNTY. TEXAS t/) re O.R.B.C.T. -OFFICIAL RECORDS OF BRAZORIA COUNTY. TEXAS Ur LL O.P.R.B.C.T. -OFFICIAL PUBLIC RECORDS OF BRAZORIA COUNTY, TEXAS 1 Z p P.R.B.C.T. -PLAT RECORDS OF BRAZORIA COUNTY, TEXAS CC co M NOTES: = ABSTRACTING WAS.PRO/IDED AND COMPLETED BY TEXAS AMERICAN TITLE IN DECEMBER OF 2O/6. POB 2 5 2. FIELD SURVEYING WAS PERFORMED FROM APRIL OF 20/7 THRU FEBRUARY OF 2018. 246 it) 3. ALL BEARINGS AND DISTANCES IN PARENTHESIS ARE CALLED BEARINGS AND DISTANCES. 0 V) (V 4. PROJECT UNITS ARE U.S. SURVEY FEET. N 5. TICK MARKS SHOWN ARE LATITUDE AND LONGITUDE IN DECIMAL DEGREES BASED ON GRID COORDINATES. DATUM NOTE: ALL BEARINGS AND DISTANCES SHOWN ARE BASED ON THE TEXAS COORDINATE POC 2 SYSTEM.SOUTH CENTRAL ZONE (4204). NORTH AMERICAN DATUM OF I983(NA083), CORS20II(EPOCH 2010.00). ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY A COMBINED ADJUSTMENT FACTOR OF 1.00013. GRID COORDINATES •SURFACE COORDINATESV.000/3. HORIZONTAL CONTROL WAS ESTABLISHED BY GPS OBS. (RTN)UTIUZING WESTERN DATA SY_STEMS_VRS_NETWORK __ - - -- — -- — AREA TABLE (ACRES) - AND DIRECTLY TIED-TO—BASE STATION HJKB-9/012: EXISTING TAK IN ALL ELEVATIONS ARE BASED ON THE NORTH AMER/CAN VERTICAL DATUM OF AC. AC./5. REMAINDER AC. 1988 (NAVD88).-!99I ADJUSTMENT. ELEVATIONS WERE DERIVED BY CAPS OBS (RTN) LEFT RIGHT AND VERTICALLY CONSTRAINED TO MONUMENTS H36•(ELEV. 54.60)AND H4I(ELEV. 81.729. g.CALLE 26gD 0 s_0qq{{03§/ 8.2224 _ DANNENBAUM I. ROYAL T. BROWN. A REGISTERED PROFESSIONAL .t 63; ENGINEERING CORPORATION LAND SURVEYOR. HEREBY CERTIFY THAT, THE. PLAT A. ace "4^` T.B.P.E.FIRM REGISTRATION IF-392 1 sI 4�5 I°.° �'t T.B.P.LS.FIRM REGISTRATION 6101188-00 HEREON AND THE ACCOMPANYING LEGAL DESCRIPTION e .r Q 3100WEST ALABAMA��N,.Xn�m3)520-9570 REPRESENT AN ACTUAL SURVEY MADE ON THE - 4, �IF GROUND UNDER MY SUPERVISION. iJ�J' ,,z` ROYAL T ;n.- ti PARCEL PLAT '� � -al.-.›..4 :'( SHOWINGk 1npoitole g� ._( /j� � ... 53a ti• y.,s) PARCEL 2 RO T. BROWN. DAE z'�' 7 t _`�-s,.:.-. ./ SMITH RANCH ROAD TEXAS REGiSTRATON NO. 3881 �,�• �,; yi_,.= BRAZORIA COUNTY DANNENBAUM ENGINEERING CORP. .c,.J 3100 WEST ALABAMA ` % R.C.S.J. 0912-31-312 HOUSTON. TX 77098 =vim ` OCTOBER, 2018 PACE 4 OF 6 SCALE: Al.T.S.. / 0, M ' O ILJo W. MAXEY SURVEY A - 675 P.O.C. PARCEL 2 Scale Feet o FND "X" IN GONG.. 0 25 50 75 ti - • SCALE: •1 " _ 50' co THE CROSSING AT 288 PHASE 2, LTD o 0) TRACT I co Q CALLED 8.269 ACRES c La JANUARY 12, 2006 W c 0 FILE NO. 2006002557 O.R.B.C.T. x �� a .t 1- 1 PROPOSED R.O:W. w co v. r--J -30'STORM SEWER ESMT. Li! r �^' FILE NO:2009047929 ` 20'W.L.F.ASEWER:ESMT. N • O.P.FLB.C.T. 104.StD£WALR ESMT. `..- FILE NO.2009047929 O.P.LB.C.T. Mr f 1 FLE.NO.2009047929 O.P.R.B.C.T. "+`T_-____._.—— -_-_ ; uj O 2 :�r . r `�� Z O- CN STORM SEWEREgg- - 2.5'ELECTRICAL ESMT._ ---` _ tLE NO.2002021452 O.R.B.C.T. FILE.NO.2002021452 O.R.B.C.T N 03° 1 4' 3 8"W 3 5 9■ 8$' E-X-ISTIN-G-R:�:-W�.•�P°O:B=P.;-RAG-2 C71=2 N "PUBLIC R.O.W." " _ 50-00' LT '93 (UNABLE' FILE . 2002020463 O.R.B.C.T.\ N-13.771058.59 TO. SET) _ _. __,�\ E3118,047.92 PROPOSED aBASELINE 25+r00 --- -CALLED:.. 20' PliRC I G�.4.2L�EM.T.�_ _ __,—._—, N 03947 38"W- 9.39 48 j VOL. 2, P . 99 P.R.B.GT:\ ._._. —-- ___ 1 SMITH RANCH ROAD (R. Oa W° WIDTH VARIES) DANNENBAUM ENGINEERING CORPORATION T.B.P.E.FIRM REGISTRATION#F-392 T.B.P.L.S.FIRM REGISTRATION#101188-00 3100 WESTALABAMA HOUSTON,TX 77098(713)520.8570 PARCEL PLAT SHOWING CURVE TABLE PARCEL 2 SMITH RANCH ROAD :Curve Rod ius Length. De I to Direct ion D i stance _ BRAZORIA COUNTY R.C.S..J. 0912-31-312 C1.2 2050. 00 L 93. 21 02° 36 g 19,� °501 56 28 E 93. 20 OCTOBER, 2018 PAGE 5 OF 6 SCALE: 1"050". rn L. Jo Vll o MA X E Y SURVEY A.— 675 5•CENTERPO,NT.ENERGY ESMT- - '""� FILE No.2009047929 �-.( ! Sca I e in Feet O.P.R.B.C.T I I , 25 50 75 a ,0I I SCALE, 1 " 50.' I THE CROSSING AT 288 PHASE 29 LTD .1 I I o TRACT I FILE f o.2009047929' I I BRAZORIA DRAINAGE iF o w CALLED 80269 ACRES �RB.C.T. f I ' DISTRICT NO. 4 . JANUARY 12, 2006 I CALLED 10.7583ER2, 00AC5ES �, � OCTOBER 12,:2005 °' "' FILE NO. 2006002557 0®R.B.C.T. I I ' 1 FILE N.R.B.CO. 5058723 a. O.R.B.C.T. N s0•.STORM.SEWER:Esser. 25• kLiiT EWER ESMT. . S T A.31+I1.81 EI 1 co -E O P.R.B.C. 929 FII.£NO.200904T929 i I I �� ./ --�� M W oPRB.C.T 50.00 LT —1--� ce) z PROPOSED R.O.W. 1 J - ''� MI:— --._--- - •_7 7 _ _STAa 0 O .�sS .. 2.2 q�E _.- o -'' 50.00'LT 10. 02 -�-;� N = —r..,. — . -ENO_ LS"IR ` V ——._—",_ — 'STORM IETIER MCI'. F-' -- • * W/CAP f FILE NO.2002,021452 O.R.B.C.T. Q ' $ •8 III ' --7._ -- ---. .,..,-.7.7,...cg,--A...., :----__---_,:S_P-9iL3-8--____178, 1-26. 76�_ -�7 C1 1 . — SO3° 14�' 38"E P_UBLIC_R.O.W. F-ND-3/-4—IR� END-3/ —IR 46. 29 - - FILE NO. 200202006.3 O.R.B.C.T, EXISTING R.O.W. __-N-03° 14' 38" W 319 9 4-84 30 00. _- _- --- _._.-_ SMITH RANCH ROAD (R..e O. W. WIDTH VARIES ) DANNENBAUM' ENGINEERING CORPORATION' T.B.P.E.FIRM REGISTRATION#F-392 T.B.P.L:S._FIRM REGISTRATION#10118840 CURVE TABLE 310D WEST ALABAMA HOUSTON.TX770981713)s204157O Curve Radius Length Delta Direction Distance. PARCEL PLAT C:1 1 2050. 00' R 93. 22' 02° 36' 20" S01°'56' 29 H E '93.,21 ' SHOWING CI 2 2050..00'L 93. 21 ' 02° 36' 19" SQ1'° 56'28"E 93. 20' PARCEL 2 SMITH RANCH ROAD BRAZORIA COUNTY R.C.S.J. 0912-31-312 OCTOBER, 2018 PAGE 6 Of 6 SCAI.E2 1'•50% 2023013348 Page 10 of 10 FILED and RECORDED Instrument Number 2023013348 Filing and Recording Date. 03/27/2023 10*3412 AM Pages 10 Recording Fee. $58 00 I hereby certify that this instrument was FILED on the date and time stamped hereon and RECORDED in the OFFICIAL PUBLIC RECORDS of Brazoria County, Texas. 4(22 47.,..gut Joyce Hudman, County Clerk Brazoria County, Texas ANY PROVISION CONTAINED IN ANY DOCUMENT WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE REAL PROPERTY DESCRIBED THEREIN BECAUSE OF RACE OR COLOR IS INVALID UNDER FEDERAL LAW AND IS UNENFORCEABLE. DO NOT DESTROY- Warning, this document is part of the Official Public Record. cclerk-hailey Page 539 of 539